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02-14-2006 Regular MeetingCiry of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 The Clermont City Council met in a regular meeting on Tuesday, February 14, 2006 in the Council Chambers at Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Coy Members Mullins, Goodgame, and Renick. Other City officials present were: City Manager Saunders, Assistant Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council Meeting Minutes held on January 24, 2006. Council Member Goodgame proposed a change to page 3 under Unfinished Business to state that Lakeshore Limi represented by Steve Richey. Council Member Goodgame moved to approve the minutes ofJanuary 24 2006 as amended • seconded by Council Member Mullins. The motion passed with all members present votin,~a PUBLIC COMMENTS Tom Vorhees, owner of a local skateboard shop, stated he has received complaints from business owners in the dory • area. He researched a recreational facility Tallahassee has done with a skate park. He recommended this type of would help to eliminate problems as it is needed in Clermont. He further advised that money is available through and gave the park information to City Manager Saunders. it is Bill Banzhaf, 931 W. Montrose Street, on behalf of Downtown Partnership, spoke in support of a skate park. He also remarked on the floating boat docks being all over the place. City Manager Saunders stated they are waiting on rant funds the City has applied for to rebuild. ~, REPORTS City Manager Saunders noted the appointment of a Planning and Zoning Member was delayed in order to advertise. tafl has advertised and only received one additional letter to be considered for appointment. There are a total of tw (2) applicants requesting appointment. Mayor Turville requested waiting until the next meeting to make any appointm nts. Council Member Renick suggested waiting until after the election is over to have a large pool of candidates. Mr. Sau ders advised there a total of three (3) open seats on that board. City Attorney Mantzaris - No Report Council Member Goodgame - No Report Council Member Mullins - No Report Council Member Renick thanked those who attended the Growth Summit. She commented that Maggie Miller has resigned from the Planning and Zoning Board and will be moving to South Carolina. City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 • Maggie Miller thanked the Council for allowing her to be of service to the community. Mayor Turville - No Report Mayor Turville noted a couple of items that have requested to be tabled. Variance Request - Arellano Council Member Mullins moved to table to February 28 • seconded by Council Member Goodgame The motion passed with all members present votin~ye ". Department of Transportation Proposal of Hwy 27 and SR SO Interchange Council Member Mullins moved to table to March 28' seconded by Council Member Goodgame. The motion passed with all members present voting "aye". CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested wishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Purchase Approval/ Budget Amendment Approval to purchase and Budget Amendment for telephon and • computer installation for Temporary Fire Administr tion Building at an estimated cost of 7,421.71 Item No. 2 -Event Request Request for additional police support for the Pig on the Pig on the Pond Event on Thursday March 9"' to assist with concert Item No. 3 -Event Request Request for additional parking at the City's Boat Ramp Pig on the Pond for the Pig on the Pond Event on March 10`h & 11`h Item No. 4 -Event Request -South Lake Chamber Request to close a portion of Montrose Street from the wes end of Choice Collection's parking lot west to 7"' Street durin the 8`'' Annual Home and Garden Show on Friday April 7` and Saturday April 8th Item No. 5 -Proposed Purchase Purchase of property for Fire Station 1 expansion, 470 for $150,000 with the City paying for closing costs. Item No. 6 -Fred Fox Enterprises, Inc Item No. 7 -Fire Station #2 Expansion - CT Hsu Item No. 8 - K-9 Unit -Police Department Request approval of Grant Application Assistance Agreement for architectural services for expansion of Station No. 2 Retire canine and transfer ownership to Officer Edwards Fire • i City of Clermont MINUTES REGULAR COUNCIL MEETING ~, February 14, 2006 a Council Member Mullins moved approval of the consent agenda as written • seconded by Council Member Good~ame. The motion passed with all members present voting "aye" UNFINISHED BUSINESS Variance Request -DeHoyas Barbara Hollerand, Planner, reported on the variance request. The applicant is Richard Huff and the owner is Dr. and Mrs. DeHoyas. The zoning is R-3 Residential/Professional District. It is located along Osceola Street, north of ake Minneola and the South Lake Trail and east of Lake Avenue. The applicant is requesting a variance to construct six foot, green vinyl, chain link fence. The applicant believes the higher fence would better safeguard the property ag inst dumping and vandalism. The applicant is claiming a hardship, citing the property's downward slope at the boundary line, which he says is two to two and a half feet below street level. A four foot fence, in the applicant's opinion, would not be a sufficient deterrent to vandalism. City code states that for residential uses, no fence, wall or retaining wall shall ex eed four feet in height from the front building line to the front lot line, or exceed six feet in height from the front buildin line to the rear property line. According to the code, the front setback is 25 feet. Staff believes the four foot fence allow d by code is the only appropriate height at this residential location, which is also within the Community Redevelopment rea. The applicant's site plan shows the proposed fence running 215 feet along Osceola Street and extending approximate y 40 to 60 feet along the eastern and western property lines. Because the property's southern boundary along Osceola Str et is considered the front lot line, and the property is within an established residential neighborhood, the four foot sta dard should be followed. Staff recommends denial of the variance request and does not feel a hardship has been proven. • Richard Huff, applicant, represented Dr DeHoyas. The reason for the variance request is due to the difference the elevation of the property line and the street. Another two feet offence would be more appropriate to deter va Mr. Johnson, owns property to the east side, supports a six foot fence only across the front due to trash and Mayor closed the Public Hearing. Mayor Turville remarked that high fences are not welcoming or attractive. Council Member Renick concurred with Mayor Turville and does not support the request Council Member Renick moved to deny the variance request for the DeHo~s property seconded by Council Member Mullins. The motion Dassed with all members present voting `aye " Request to waive Code Enforcement Fines -DeHoyas City Manager Saunders noted the Code Enforcement Board notified Dr. Dehoyas in May 2005 of problems with hi two (2) properties on Osceola and Carroll Street. He was given several notices and then in August 2005, he requested a 60 day extension. The Code Enforcement Inspector could not give that extension. Later on, the grove was cleared bu did appear in front of the Code Board in which they assessed fines for the delay in cleaning up. The properties wer not mowed or kept clean in accordance with the City ordinances. The properties have since been cleaned up and the ow er is requesting the city to waive the fees. • Mr. Huff was present on behalf of the applicant. Dr. DeHoyas did mow in June and July. Furthermore, he advised that City of Clerr~zont MINUTES REGULAR COUNCIL MEETING February 14, 2006 • Mr. DeHoyas has difficulty understanding correspondence. Mayor Turville opened the Public Hearing. Steve Berlinsky, spoke as a former Code Enforcement Board Member, requesting Council enforce the fine. Jim Purvis, 4206 Hammersmith Drive, Code Enforcement Board Member, noted that he heard the case as a member Board. This is a violator who chose to ignore the code however it was the only way to get him to respond. He ask Council to support the Code Enforcement Board on assessing this fine. 'the the Mr. Rakow, 536 W. Osceola Street, lives behind the house, stating he made the first call when the grass was gettin~ too high. Mr. Johnson, 552 W. Osceola Street, lives next door. He commented on the condition of the home and lot of the pat 10 years. He further stated he has seen no immediate effort to keep the property in an orderly fashion. The house has een vacant for several years and questioned a potential fire hazard. Mayor Turville asked City Attorney Mantzaris if the Council could make a motion that this amount was paid in ad ance based on his performance and be assessed at a later date if he fails to keep the property up from this point forward. The Board strives for compliance. Council Member Mullins questioned collecting a flat fee if the fine is waived for administrative costs. • City Attorney Mantzaris replied the Council could reduce the amount of the fine to an administrative cost. Council Member Mullins suggested a $250 administrative fee and the other $2,260 put in an escrow account and 'f he keeps it clean for 24 months, give the money back. City Attorney Mantzaris advised that when a person is found to have violated a code, a fine can be assessed and Cc can waive that fine. However, if another violation occurs, a fine can be assessed at a higher rate. Conditions comf the matter and puts staff in a position of determining whether it was complied within Council's order. He advised are 3 factors set forth in the Code Enforcement statute to consider when assessing a fine which is gravity of viol cooperation of the respondent and whether the respondent has any prior violations. Council Member Renick spoke in support of the fine. This is for mowing and garbage collection which is not equal t the others that have been waived. Cooperation is an issue and for the Code Enforcement Board to be effective, she pref rs to trust their judgment. City Manager Saunders noted the administrative costs are substantial. There has been a lot of staff time, letters sent out associated with this fine. Council Member Renick moved to deny the request to waive the Code Enforcement fines • seconded by Council Member Goodgame The motion passed 3 to 1 with Mayor Turville opposing Inland Groves/Pool Property Purchase • and 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 • Mr. Mantzaris reported when the contracts were approved, three (3) of the contracts have no provisions where the city would be paying for the property over time. Originally, we negotiated a note of an interest rate of 4 per cent whi h is what would run on the note. We were approached by the attorney for the sellers who advised that due to certain IRS regulations, it does not matter what the rate is that the sellers would charge the city, if it was too low, the IRS ould impute income to them based on a reasonable interest rate. They asked if we would bring this back to the Coun it to consider changing the interest language where it would provide that the rate would be 4 per cent per annum o the applicable federal rate, which is the rate the IRS establishes regardless of the rate in the agreement. The rate fluc ates monthly and ranges from 3.50 to 4.50 percent. Therefore, they are asking the Council to add language to the agreeme t as it applies to the interest rate that the rate would be 4 percent or applicable federal rate whichever is greater. Council Member Goodgame commented to specify which rate to tie it to. City Manager Saunders noted he did additional research on this and commented we can not choose the rate; it depen son the type of contract, length of the term and type of property it falls into. Council Member Renick asked if a cap could be placed in the agreement. City Manager Saunders replied that a cap of 5 percent is acceptable. City Attorney Mantzaris confirmed that their attorney is agreeable to that cap of 5 percent. • City Manager Saunders stated to use language as suggested by City Attorney Mantzaris and add a cap of 5 percent. Council Member Goodgame asked if more specific language could be used instead of the applicable federal rate. City Attorney Mantzaris responded they could include terms as referred to in the IRS regulations. Council Member Mullins advised the word "Note" is misspelled on page 3 section 1 C. Council Member Goodgame stated with the revision made by Mr. Mullins and the cap o~percent and to have the federal rate deFnition; he moved to approve the revised contracts seconded by Council Member Renick. The motion passed with all members present voting "ave" ~' NEW BUSINESS Utility Agreement -Plaza Collina Darren Gray, Assistant City Manager, reported on the Utility Agreement associated with Plaza Collina. The applic nt is Cecelia Bonifay, Akerman Senterfitt, and the owner is Lake County Gateway, LLC. The property size is 142 acres. The applicant is requesting water and sewer service to an outdoor mall/plaza with up to 1.2 million square feet of reg onal commercial uses along with 200 residential units. The property is located north of Hwy. 50 at the Lake and O ange County line. There are 6 parcels running along the front of the property on Hwy 50. This project has gone throug the Development of Regional Impact (DRI) process and has been reviewed by the East Central Florida Regional Pla ning Council and other required reviewing agencies including the City of Clermont. On January 24, 2006, the Lake C unty Board of County Commissioners approved the Comp Plan Amendment, PUD and Development Order for the proje t. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when le ally Ciry of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 • appropriate. The project will therefore be developed pursuant to the utilities service agreement. Cecelia Bonifay, Esq., Akerman Senterfitt, was present on behalf of the owner. She advised this is a water and s wer utility agreement. The City has furnished several letters in the past with a commitment to serve. The City's desire w s to wait until all of the development approvals before the utility agreement was heard by the Council. She is in agree ent with the substantive issues. She would like language referring to the number of square feet of office/commercial and residential which is 1.2 million of office/commercial and 200 residential units. The residential units cannot be built u less at sufficient capacity with the school system according to the development order of the PUD. Also asked for a revisi non page 2 on all improvements, it should be Utility Improvements. Furthermore, in section 3, she asked to includ the Ordinance numbers as pursuant to those particular development orders. Ms. Bonifay requested Council con ider adoption. Mayor opened the Public Hearing. Robert Foley, Mont Verde, thanked Council for their efforts of this project. This project will have the most signi cant impact in South Lake County. Jim Purvis, 4206 Hammersmith Drive, asked if any provisions are in the agreement for future annexation. Mayor Turville confirmed that there are. • Council Member Renick questioned the letters from the City with a commitment to service. City Manager Saunders responded that the City Council made a commitment to serve this property when the Ovate and sewer lines were extended along Hwy. 50 to Magnolia Pointe. The previous owners of this property paid to oversize 11 of those lines and the lift stations to serve the property in the future. Therefore, there has been a commitment to sere this property since Magnolia Pointe was developed. It was understood at that time a Utility Agreement would have o be considered since there were no specifics on how it would be developed. A commitment was made to service a c rtain capacity to this site. ~, Council Member Renick asked if the Council can make any changes to the project. City Attorney Mantzaris remarked if the project falls within those capacity guidelines, the Council cannot mak any changes. If it is beyond the committed capacity, then the Council could make changes. City Manager Saunders advised they are not asking for any additional capacity from what was previously committed. Council Member Goodgame asked if improvements to C.R. 50 are still in place as presented to the County for phase Ms. Bonifay confirmed in phase 2 there will be improvements to S.R. 50 and C.R. 50. Phase 2 is the remainder f the commercial/office space and residential units. Mayor Turville suggested if their usage exceeds the number of gallons, they could not bring those units online in pha e 2. City Manager Saunders stated when this project came forward, staff looked at capacity committed and capacity requ sted • and looked at the system to make sure we still had capacity. Then staff sent a subsequent letter stating we stil had City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 • capacity that the City originally committed to provide to this project. He suggested providing up to that number in the agreement as a cap and then if it does exceed that cap by phase 2, we could amend it. Council Member Mullins questioned if staff was okay with the applicants requested changes. City Manager Saunders stated that staff is in agreement to the changes as requested. City Manager Saunders reviewed the revisions to the agreement. Section 2.1 to provide water and wastewater servi~ include that specific number and then section 3 on page 3 shall state `the project shall be in accordance with the folic Lake County approvals and any approved variances thereto or otherwise stipulated in this agreement or subse amendments to the agreement Lake County Comprehensive Plan Amendment #2006-15; Lake County Develol Order for Plaza Collina Development of Regional Impact Ordinance 2006-16; and Lake County Planned Development Zoning Ordinance 2006-17; Council Member Mullins moved to adopt the Utility Agreement as modified and the adjustments in section 3: seconded by Council Member Goodgame. The motion passed with all members present voting "aye, Mayor Turville called for a break at 8:18pm. The meeting reconvened at 8:35pm. Resolution 1468 • Mayor Turville read Resolution 1468 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida; resolving to update the City's Comprehensive Plan with policies for the protection of any lands in the Green Swamp area of critical state concern that are annexed into the City of Clermont; providing for conflicting Resolution; and providing for an effective date. City Manager Saunders informed Council this was brought up by Mr. Kelley to review. Staff made a few amen This is being circulated by other cities. It is a resolution to include language for when the comprehensive plan comes up. If we were to annex in the future, it would affect the City. We do have area within our Joint Planning A to nit Rob Kelley, Citizens Coalition of Lake County, advised this helps to place specific language in the Comprehensive Plan as it relates to whole densities for the transitional and rural and core conservation of the Green Swamp. This is defin d as an area for critical state concern as it provides water for most of Central Florida. It is one of the key eco- syste sin Central Florida that needs to be protected and preserved as the Central Florida population increases. Grovelan has approved this Resolution and Mascotte has indicated an interest in preserving the Green Swamp as well. Council Member Goodgame asked for a definition of the transitional and rural and core conservation. Mr. Kelley explained that land use categories are defined by the county and recognized by the state. There are four (4) land use categories in the Green Swamp which are: Ridge, Transitional, Rural and Core Conservation. Mayor Turville opened the public hearing. • Cecelia Bonifay, Esq., Akerman Senterfitt, stated she has a number of clients in the Green Swamp. She spore in Ciry of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 ~ opposition of the proposed Resolution. Peggy Cox, 9410 Oak Island Lane, lives in the area of critical state concern. She agreed with limiting the density environmentally sensitive area which helps to supply the water supply. John Harris, Groveland, spoke in support to protect the Green Swamp and encouraged approval of the Resolution. Mayor closed the Public Hearing. Council Member Renick stated that now is the time the Green Swamp is being threatened with development. Resolution is trying to keep it the way it was agreed upon originally. She is in favor of the Resolution. Council Member Mullins questioned whether this would not change any current densities but tries to lock them in p: City Manager Saunders responded that this Resolution only commits Council to put language in the next amendn the Comprehensive Plan. The adoption of this Resolution does not change any densities. Council Member Goodgame moved acceptance of Resolution 1468; seconded by Council Member Renick. The motion passed with all members present voting "aye ". JPA Review Darren Gray reported on the JPA review. The applicant is Larry and Ann Linder represented by Cecelia Bor • Akerman Senterfitt. The property falls into the Green Swamp Area of Critical State Concern. The property is to south of Hwy 50, west of CR 561. The applicant is requesting to rezone 444.57 acres from Agriculture and R-1 to a 1 The applicant wishes to rezone the property to a PUD to allow for 200 residential units. The present land use and z~ only allows for 53 lots, based on Lake County staff calculations. There are 2 issues with this project: 206.2 acre classified as "Transitional" which allows one unit to five acres and a maximum allowable density of one unit per one Also, 238.37 acres are classified as "Rural/Conservation" which allows a maximum density of one unit per ten ; Lake County staff stated this project will be required to go through a comprehensive plan amendment to achiev maximum density requested. Lake County staff recommended denial on the project based on the inconsistency with Comprehensive Plan and Land Development Regulations and impact on schools in the area. Mayor opened the Public Hearing. Cecelia Bonifay, Esq., Akerman Senterfitt, spoke on behalf of the Linder's. This property allows up to 4 units per She advised the wetlands have been surveyed. Peggy Cox, adjoining property owner. This rezoning request has been recommended denial by Lake County due to inconsistent with the Comprehensive Plan. Effectively, this proposal is fora 200 home subdivision. They are asking rezoning without going through the Comprehensive Plan process. She recommends denial. an This to are e the their acre. for a Nancy H. Fullerton, 368 Montrose Street, Chairman of Alliance to Protect Water Resources, stated she hopes Counci~ will agree with the County staff to not approve. City Manager Saunders clarified it is 1 unit to 2 acres as it is 200 units on 440 acres. All but 256 acres are wetla~d so only half of the property is out of the wetland area. • City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2006 • The following citizens spoke in opposition of the project: Cindy Barrow, Bruce Brown, Robert Foley, Michelle of 1 Grace's Way, Sherry Boam, Dr. James Crocker, Mr. Pinkerton, and Jim Purvis Council Member Mullins recommended telling the County to support staff and deny the request as the roads, schools and the Green Swamp cannot handle it. Council Member Renick recommended a letter to state they are required to have a Comprehensive Plan Amendment. City Manager Saunders stated that City staff agrees it does not meet the timeliness and would include in the letter tha we are in agreement with County staff that this does not meet the timeliness and they would need a Comprehensive lan amendment before going through with any rezoning. Council Member Renick moved to write a strong letter and to include the issues with CR 561 schools Comprehensive Plan issue and the Green Swamp • seconded by Council Member Goodgame The motion passed with all members present voting "aye ". Ordinance 544-M Introduction Mayor Turville read Ordinance 544-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of Hunt Street lying east of Bloxam Avenue and west of U.S. Highway 27, located in section 19, Township 22 south, range 27 east, block G, south of lot 4, according to the plat of Clermont, Florida recorded in plat book 3, page 5, public records of Lake County, Florida; repealing all Ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Council Member Mullins moved to introduce Ordinance 544-M• seconded by Council Member Renick. The motion passed with all members present votinn~ "aye " Mr. Rakow questioned the code on homes in his neighborhood renting rooms. City Manager Saunders stated that he has reviewed the code and cannot determine there has been a violation of code. ADJOURN: With no further comments the meeting was adjourned at 9:57pm. A'~ T] ~-.. - -- - ~cy kroyd, Its Clerk ~ ~ "Y ;~. APPROVED::~+ ,. ~~ ~' '~ ayor Harold Turville