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01-24-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 LJ The Clermont City Council met in a regular meeting on Tuesday, January 24, 2006 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:OOpm with the following Council Members present: Cou it Members Mullins, Goodgame, and Renick. Other City officials present were: City Manager Saunders, Assistant C~ty Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES City Council Meeting held January 10, 2006 and Community Redevelopment Agency Meeting held January 10, 2006. motion asked with all members resent votin e ". PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, thanked city employees for assessing a water break problem at night. Also, commented on Home Depot being postponed again. ~uzy Gibson, Past President of South Lake Chamber, remarked that she will be attending Lake County Days e MPO. Ann Dupee, represents Clermont on the Lake Apopka Natural Gas Board and noted she was re-elected to Vice of the Board. She provided an update advising they have run a line north on Hwy. 27 to Lake Correctional ] They have also signed up the 73 lot Collina Bay near Bella Collina. Frank Lyon, 935 Brogden, remarked on the roadway speeding problem and requested speed bumps. he City Manager Saunders noted that he increased law enforcement in that area and more tickets have been written. ~ Cind Barrow remarked on an incident that occurred at the Scho 1 Y o Board meeting needing law enforcement. he recommended the Council Chambers have emergency buttons as a preventive safety measure. Also, VOICE is taki g a trip to Tallahassee on March 14 and asked community leaders to join them. Mr. Foley, a resident of Lake County, expressed interest in Jenkins Auditorium. Ann Dupee reported on the Lake County Local Planning Agency where she represents District 2. They will be upda ing the comprehensive plan. The first draft will be made available at the meeting this Thursday at 9:OOam in the Commis ion Chambers. ~~ REPORTS City Manager Saunders scheduled a workshop to discuss the library situation and plans as requested by Co Inty administrator, Cindy Hall. Also, the Jahna Sand Mine project was tabled at the County Commission Meeting to dis uss City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 with City Council at a workshop. If approved by the County, they will be coming to the City for a Utility Agreement: in the future. Mayor Turville requested that it be placed on a Council meeting agenda for discussion. f The workshop was set for Monday, February 6 at 6:OOpm in the Council Chambers. City Attorney Mantzaris - No Report Council Member Goodgame commented that staff expressed issues most important to the City at the County Commission meeting in reference to Plaza Collins. Council Member Mullins reported the League of Cities discussed School Concurrency. Council Member Renick reported on the last School Concurrency meeting of which they decided to break into three (3) committees. Those committees will bring their issues to the full group. Also, the Growth Summit is February at Minneola City Hall. City Manager Saunders briefed Council on the items that have been requested for tabling which include: Resolution 1 ~49 to February 28; Resolution 1466 to February 28; Dehoyas variance request and Code enforcement fines to Februarys' 14 and Arellano variance request to February 14. resolution 1449 ex enses • seconded b Council Member Good ame. The motion assed with all members resent votin a ". Resolution 1466 The motion passed with all members present voting "aye " Dehoyas Variance Request Goodgame. The motion passed with all members present voting "aye " Dehoyas Code Enforcement Fine ~,ouncu IV1emDBY 1V1ulllnS moves to taste Lenoyas code ~ntorcement Ines to Member Goodgame. The motion passed with all members present voting "crye „ Arellano Variance Request •Goodgame The motion passed with all members present voting "cra e „ City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 PROCLAMATION Mayor Turville read aloud the proclamation for the Kiwanis Club of Clermont celebrating their 80`h anniversary. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyc}ne wishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Purchase Approval Approval to purchase recycling trucks for a total cost of $866,874 and garbage trucks for a total cost of $934,045 from Container Systems and Equipment Company, Inc. This purcha e will be included in the 2006-07 Sanitation Fund budget since ~ delivery will be in October 2006. Item No. 2 - Purchase A royal Bud et Amendment Re nest a r v _ PP g q pp o al to purchase a tare changer and amend the 205 06 Fleet Maintenance Division Budget for $3,000.00 Council Member Goodgame requested to pull item 1 from the consent agenda. Council Member Goodgame asked City Manager Saunders to elaborate on the purchase. ~ity Manager Saunders noted the current budget provides for the purchase of two (2) garbage and recycling trucks w ich are replacement vehicles that is servicing the west side. The three (3) additional garbage and recycling trucks will be for providing service for the east side of town. They will not be needed until next fiscal year. This will save a considerable amount of money as we will not receive or pay for them until next fiscal year. The motion passed with all members present voting "aye „ UNFINISHED BUSINESS Utility Agreement -Hartle Property Darren Gray, Assistant City Manager, reported on the request for sewer services outside of the City limits. The appli ant is BFG Lakeshore, Ltd being represented by Steve Richey and the owner is James Fant. The location is at SR 50 at CR 455 and Hartle Road on the south side. The applicant is requesting water and sewer service to a 325 unit reside tial subdivision (103 single family homes and 222 town homes) with a commercial tract. The property is within the Ci 's water and wastewater service area. The property is also located in an area covered under an approved utility ease ent agreement with the City dated March 17, 1998. The agreement states the City will provide water and sewer service to the property. The project has the proper land use with Lake County and has approved construction plans dated Nove ber 22, 2004. The project also has an approved PUD with Lake County dated January 27, 2004. A few items that do not eet our JPA Land Development Regulations include: lot sizes, right of way width and grading. Due to Lake County zo ing approvals, the applicant may develop under the approved PUD; however, any item not addressed in the PUD shoul be developed to the JPA Land Development Regulations. The City Engineer determined we have the available capaci to •erve this project. If the utility request is approved, the agreement will be conditioned upon deferral of annexatio to Ciry of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 n LJ occur when legally appropriate. The project will therefore be developed pursuant to the utilities service agreement. Mr. Gray noted a correction in the agreement in the first whereas clause to add `with a commercial tract' as proposed by tjhe applicant. ', Steve Richey was present on behalf of the applicant. This project has preliminary plat approval from the County d construction plan approval. There are two (2) changes he requested in the Utility Agreement. He requested placi g additional language in section 2.1 to state `Final Engineering approved granted by Lake County on July 7, 2005'. Al o, he prefers to have in section 1.7 of the agreement a time table with information regarding the over sizing of the lines ba ed on construction plans filed. ii Mayor Turville opened the floor for comments. Bob Foley expressed frustration of where to place children in the schools. Charlene Forth, 939 W. Desoto Street, concurred with Mr. Foley. Mayor Turville explained the only issue before the City is to provide water and sewer. Cindy Barrow questioned what would happen if the City did not provide water and sewer to the project. Mayor Turville advised it depends on the applicant. ~ouncil Member Renick asked if the City is obligated. City Attorney Mantzaris advised that the easement agreement in 1998 provides a strong argument to provide water i~nd sewer service to this project. ', Mr. Richey stated when the project was approved in 2004, the applicant agreed to pay an additional $3,000 which is double the amount of fees at that time. The agreement in 1998 did extend and utilize the easement for the lines. hat document says if there is a delay by the City, then the applicant has the opportunity to seek injunctive relief. Bill Banzhaf, 931 W. Montrose, requested they consider school impact fees in the future. Council Member Renick asked City Attorney Mantzaris about the items staff brought up; if we can make them develo~ to our standards. City Attorney Mantzaris advised we cannot make them develop to our standards. Council Member Mullins commented the developer will be paying today's impact fees. Mr. Richey confirmed they will pay when pulling the permit. He further suggested 30 days for construction plans nd ability to oversize. Staff and Mr. Richey agreed to 60 days which will be included in section 1.7 ~r. Saunders noted the other language associated with his request is Development Standards to add the Engineering P ans 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 • approved by the County in July 2005 and stated there may be minor technical items before signing off on the plans. Tamara Richardson, City Engineer, stated the only issue is with grading to cut down one (1) foot. Mr. Richey did not have any objections to the request. voting "aye ". Inland Groves/Pool Trust Property Purchase w City Manager Saunders reported on the property located on CR 561 north of the current city limits. It was formall~ a citrus grove. Staff is ready to move forward with the agreements with a proposal to purchase the south half of ~he property this year in the amount of $8.25 million. There will be a $3 million payment to be made this year with he balance of $5.25 million in 2008. This will give the City an opportunity to seek grant funds. Staff has met with Fred ox on writing a grant and staff feels we are in good shape of receiving grants. Staff is requesting Council to approve he contracts. The property is divided into two (2) entities because of having two (2) owners. The purpose of the prop rty would be for a recreational project specifically as a passive park to preserve the area. Mayor Turville opened the public hearing im Purvis, 4206 Hammersmith Drive, agree it is worth purchasing. He voiced concern with passive recreation ~nd suggested making it usable. Steve Berlinsky, 1217 N. Jacks Lake Road, commended the City Manager and City Attorney for putting it together. This is a step in the right direction to have the opportunity to preserve that amount of lakefront property. Ann Dupee asked consideration to be given for a Paw Park which is for dogs. Suzy Gibson remarked on this opportunity and liked the idea of a Paw Park. Bill Banzhaf commented he would like to see the trail extended to this park. Cathy Brown applauded the Council for considering the purchase of this property. John Harris spoke in favor of the purchase. He also spoke in favor of the request from Family Christian Center. Charlene Forth asked what the public will get out of the water front side and requested public access to the water. Mayor Turville stated the notion is to start out with passive uses. A dock or fishing pier will be considerations to ain reasonable access to the water. Also, Council sees this as an opportunity to comply with the comprehensive plan. Gene Molmar, President of Lake County Rails to Trails, stated this would fit in with connectivity with the trails syste to connect all of the communities. City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 • Mayor closed the public hearing. Council Member Goodgame commented the owners of this property received a $24 million offer for the property howe~er the Pool Trust decided to stand by the offer from the City in order to do something for Clermont. Council Member Renick supports the idea of a passive park to include trails and a boardwalk. seconded b~Council Member Mullins The motion passed with all members present voting "aye ". City Manager Saunders commented on the Plaza Collina decision made by the County Commission. The Cou ty Commission approved the land use comprehensive plan amendment to allow this project to move forward. They a so approved the PUD and Development Order for the project and made one amendment requiring the 10 x 20 parking spac s. ~I NEW BUSINESS Appraisal and Survey Approval City Manager Saunders advised staff will need to obtain at least two (2) quotes for surveys and appraisals. He reques ed Council a royal for staff to choose the lowest qualified firm to do that work without having to bring back to Council ~ue PP a short time frame. II'~ Mayor Turville asked Mr. Saunders to send the information to Council of the responses and staff's choice. Council Member Mullins moved that the City Manager~roceed with the appraisal and survey without returning to t)ie Cit~Council • seconded by Council Member Renick The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 9:06pm; the meeting reconvened at 9:13pm. !I Resolution 1467 Becker Funeral Home Mayor Turville read aloud Resolution 1466 by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional ~~~ Use Permit to allow for the operation and renovation of an existing funeral home. Curt Henschel, Planner, briefed Council on the CUP request to allow the expansion of a funeral home in the Cen ral Business District. The owner and applicant is Ron Becker for Becker Funeral Home located at 806 West Minneola. he applicant is outgrowing the current space requirements and is proposing to expand by enclosing the exis ing garage/storage area and converting it into conference rooms and waiting rooms for guests who attend funeral servi es. The existing garage/storage area occupies approximately 1,350 square feet. The applicant is not proposing to const uct any new buildings or add additional square footage to the existing buildings. Mr. Henschel noted a letter submitte by Jason Stringfellow commenting on water overflowing on the curb. It is recommended the applicant repave the parkin lot and put in a new curb under section 3. With that addition, staff recommended approval of the expansion. • City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 Chris Wagner, General Contractor of the Project, stated he will not be doing any additional square footage. Mayor Turville opened the Public Hearing. Suzy Gibson requested Council approval of the request. Mayor Turville closed the Public Hearing. The applicant is in agreement with staff's recommendation. Member Renick. The motion passed with all members present voting "aye „ Variance Request -Family Christian Center ~~ Curt Henschel reported on the variance request for Family Christian Center for grass parking. The proposed grass park ng area would hold 143 parking spaces of the 372 required spaces for the main assembly building and schools. The ma ter development plan for the church proposes a parking garage at the grass parking location. The applicant wishes not to p ve this area because in the future, this area will be designated as a parking garage for the main sanctuary building. he church property has been granted a prior variance for grass parking adjacent to Highway 27. The existing grass park ng has been kept in good condition. The overall site will be parked per code including the grass parking area. Without he requested variance, the applicant would be required to demolish the parking lot that may only be a few years old in or er construct a parking garage for the master development plan. Bill Griffith was present requesting Council approval of the grass parking variance. ~' Council Member GoodQame moved approval of the variance request for Family Christian Center ~ seconded by Cou~il Member Renick. The motion passed with all members present votin~aye " Variance Request -Dazzling Sunsets, LLC Jim Hitt, Planning Director, briefed Council on the variance requests to include: landscape buffer to be sloped rather t an level; 10 foot retaining walls rather than the 6 foot walls; and delete the requirement of a 720 sq. ft. loading zone. he proposed use is an 8,000 sq. ft. dental office. The applicant is concerned about the topography of the land and the way~the building will sit into the hill side. The western roof of the proposed building could be accessible by jumping from 'the level landscape buffer onto the roof of the proposed building. By allowing a sloped buffer the applicant will be abl~ to contour the buffer and make it difficult for anyone attempting to access the roof unauthorized. Staff believes the sit is large enough to alter the building shape and size and that a hardship has not been proven. Staff recommends denial of his variance request. The applicant also requests a variance for retaining wall heights to exceed 6 feet. The proposal i~ to utilize a maximum 10 foot retaining walls to minimize the overall number of walls to be used throughout the develop ent and to allow manageable pedestrian access to and from the building. Staff does not oppose this request as long as the walls help to minimize the overall grading cut throughout the project. The applicant is also requesting a variance to de ete the 60' x 12' (720 sq. ft.) loading area. By code a loading area is required for retail and office space. Because of the nature of the business, staff believes that a loading area may not be necessary. The applicant has stated that the typ'cal delivery comes via a box truck and not a tractor trailer. Staff recommends approval of this variance request. r~ U City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 LJ Steve Shea, Civil Site Engineering, was present to represent the applicant. He remarked that in order for the building to be handicap accessible, they came up with this design. The request for the sloped landscape buffer is due to a probl m with security and liability issues with the possibility of people jumping from the wall onto the top of the roof. This wo~ild be an opportunity to eliminate by requesting this slope in the area behind the building. '', Council Member Mullins questioned staffs recommendation. Jim Hitt stated staff prefers the architecture be changed to the building. Council Member Renick did not have a problem with a sloped landscape buffer. Member Renick. The motion passed with all members present votingaye „ Resolution 1465 Community Redevelopment Agency Mayor Turville read aloud Resolution 1466 by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, approving a Community Redevelopment Plan for the community redevelopment area located in the City of Clermont; making findings; providing for an effective date. ity Manager Saunders stated the Community Redevelopment Agency (CRA) Board met to review the revised he CRA. There were amendments made to the CRA and requested Council approval. Charlene Forth asked for the revisions to be read aloud. City Manager Saunders read the changes aloud which includes the language amendment on page 4 and page 9. seconded by Council Member Mullins. The motion passed with all member resent voting "aye „ Council and Mayoral Appointments City Manager Saunders noted a correction to the Planning & Zoning Commission Seat 8. Carolyn Mathieson there will be a one (1) year unexpired term to fill. Mr. Saunders will advertise for that opening on the board. Mr. Henry Rhee's term expired and he opted to not seek reappointment leaving his seat open. Mr. Saunders suggested waiting to make those appointments on the Planning and Zoning Commission. Council Member Good~ame moved to table the open seats on the Planning and Zoning Commission ~ seconder Council Member Mullins. The motion passed with all members present voting "aye " Council Member Mullins moved reappointment of Sy Holzman Maggie Miller and David Outlaw to the P Commission; seconded by Council Member Good~ame. The motion passed with all members present voting "aye „ • so • l 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 24, 2006 ;iry Manager Saunders stated there are two (2) resignations for seats on the Code Enforcement Board. Mr. Berlinsky n~ ~Ir. Banzhaf resigned to run for the vacancy on the Council seat. Mr. Vandermark and Mr. Janusiak has reque s e~ eappointment. Mr. Bill Gray and L.V. Booker has requested appointment to the Code Enforcement Board. Council Member Good ame moved acce tance o Mr. Booker and Mr. Gr to the Code En orcement Board and t e rea ointments o Mr. Vandermark and Mr. Janusiak• seconded b Council Member Mullins. The motion assed w th all members present voting "aye ". ;ity Manager Saunders reported that Oakley Seaver and Keith Mullins requested reappointment to the Police Pen ion zoard. Council Member Good ame moved to acce t the rea ointment • seconded b Council Member Renick The moti n passed with all members present voting "aye ". ;ity Manager Saunders advised that Keith Mullins and Harold Cummings requested reappointment to the Firefig to 'ension Board Council Member Good ame moved to rea oint Mr. Mullins and Mr. Cummin s to the Fire r hters' Pension Boar o Trustees; seconded by Council Member Renick. The motion passed with all members present voting "ake " Ma or Turville rea ointed the ollowin to the Parks and Recreation Adviso Committee: AI Schlazar Ba ha Schlazar, Larry Oexner, and Forrest Coleman )utside Agency Representatives are as follows: ;ooper Memorial Library Liaison Ray Goodgame youth Lake Chamber of Commerce Liaison Hal Turville ,ake County League of Cities Board of Directors Keith Mullins ~JRWMD District Liaison Elaine Renick ,ake Apopka Natural Gas Board of Directors Ann Dupee ,ake County MPO Liaison Ray Goodgame ,ake County Water Alliance Elaine Renick tourism Development Council Ray Goodgame ,ake County Community Action Agency Elaine Renick agreed to be appointed until Seat 1 is filled. Council Member Mullins moved to acce t the a ointments as amended• seconded b Council Member Renick. The motion passed with all members present voting "aye ". Mayor Turville noted there will be a `Meet the Candidate' forum at Kings Ridge from 2 to 4pm on February 9, 2006. -DJOURN: With no further comments the meeting was adjourned at 10:02pm. ~,,. ... ~,. << ~ ~ ayor Harold Turville -TTEST: ,< ~.e : Tracy Ac oyd, City Cle ;• t 9 ,,,