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04-11-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 LJ The Clermont City Council met in a regular meeting on Tuesday, April 11, 2006 in the Council Chambers at City Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Cc Members Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, Asp City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Fred Sommers thanked Council for support with the first triathlon of the season. Wally Herda requested to be placed on a Council agenda irrreference to illegal parking. Margaret Abney, 409 W. Desoto Street, requested the road be black topped. it City Manager Saunders responded there is an old right of way adjacent to the house that has not been improved that ns along the side of the house. There were lots platted behind this home that the right of way was intended to access in the future. The city does not have any plans to construct a road. The problem is they utilize that right of way. If the ity does build, it's an assessment for the property owner since it is not for public interest. If people are illegally parking, the city could post barriers. .Mayor Turville asked staff to follow up. Henry Weaver commented on the same request. Everett Abney, 1209 E. Desoto Street, remarked that he is willing to take an assessment to have the properly paved. Lee Drew, President of Clermont Firefighters, questioned when the Council would have the next workshop. Council Member Renick stated they will have an all day workshop soon. MINUTES Minutes of the Council meeting held March 14, 2006 Council Member Good~ame moved to ~nrove the minutes as written • seconded by Council Member Mullins The motion passed with all members present voting "aye ". REPORTS City Manager Saunders scheduled a date for the retreat to be on Monday, Apri124 beginning at 9:00 a.m. There will be a Public Participation Tour for the Lake County Comprehensive Plan. The Lake County Local Planning Agency is as ing for input and has planned a series of public participation workshops of which one will be held at City Hall on April 3 at 4:OOpm to discuss future land use for South Lake County. n LJ City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 • City Attorney Mantzaris - No report Council Member Hogan asked City Manager Saunders about the status of the Fire Station. Mr. Saunders explained that staff did not have all of the details for this Council meeting and will bring it before Counc~l at the next meeting. Council Member Goodgame commented on the meeting of the Cooper Memorial Board with Wendy Breeden, ake County Librarian. The City is putting together a proposal for the old library building in downtown. Mr. Saunders wil be taking the proposal to the County library and the County Manager to make a decision to open a downtown library. I the downtown library is reopened, he was told it will be for children and adult general reading. The library board is hop ful they will move forward. Also, he attended the ground breaking for the South Lake Connector. Council Member Mullins advised the League of Cities will meet next week to discuss water alliance on Apri121. Council Member Renick passed out an email from Alice Van Dyke addressing concerns about buffering. City Manager Saunders advised that staff will be responding. Mayor Turville asked the status of the retention area located south of Johns Lake Road and east of Highway 27. City Manager Saunders stated a meeting was held with the developers. There was a mitigation plan done by the ovlrner • and sent to St Johns. The mitigation plan was approved and a part of the plan provided them to do work around ake Felter and it was inspected and approved by St. Johns. St. Johns determined it was an insignificant wetland area. Wh t is there was actually approved as part of that mitigation plan. It is also a part of the Department of Transportation's pla for the widening of Highway 27 since they were planning to utilize that area for storm water retention. The mitigation lan was approved as an overall plan for Lost Lake Reserve however they were suppose to come to Clermont for a pe it. City Engineer Richardson has advised them of what they need to do. They will not be able to restore it back tow at it was but they are looking at placing aquatic plantings in and around the waters edge to make it look natural. hat mitigation plan was approved approximately five (5) years ago. Council Member Goodgame asked if St Johns will require them to canal it so the direct runoff from the highway wil~ not go into that water. Mr. Saunders stated they approved it to be a water retention area to create a better wetland area. PROCLAMATION Water Conservation Month Mayor Turville read the proclamation aloud declaring the month of April to be Water Conservation Month. Heather Wooding, Utilities Department, thanked the schools and students for their participation. This was the fourth year of the Drop Savers Poster Contest with 5 elementary schools participating. There are 2 categories with students fro the 2nd and 3` grades and students from 4th and 5~' grade. Clermont City Hall employees voted on the entries. Ms. Wo ding presented the winners. There was one winner from our group who received 2°d place in the state contest. • 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 Mayor Turville noted items to be tabled. Resolution No. 1475 -Woodwinds Development Council Member Mullins moved to table to May 9; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Variance Request -Woodwinds Development Council Member Mullins moved to table to May 9: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". JPA Review -Clouts Groves Inc. Council Member Mullins moved to table to April 25; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". JPA Review -Soto/Carrasquillo Council Member Mullins moved to table to April 25: seconded by Council Member Goodgame. The motion passed with all members present voting"aye ". •JPA Review - Deeying/Grayford Council Member Mullins moved to table to April 25; 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. Bid Award Bid approval for Sewer Main Cleaning, Video Recording and Lift Station Cleaning to Water Service for $50,250. Council Member Renick moved to approve the consent agenda• seconded by Council Member Mullins The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Development Agreement -Hunter's Trace Final Hearing Barbara Hollerand reported on the agreement. The Hunters Trace property is approximately 17 acres. The comp amendment involves a request by Superior Residences, Inc. for an independent living and assisted living use on a prof that is covered by a 2004 development agreement that limits uses on the R-3 zoned property to professional office i •The existing development agreement must be amended to also include the uses of independent living and assisted livi lan if City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 the comprehensive plan amendment is to be approved. Staff recommended approval of the request. Council Member Goodgame moved acceptance of the Development Agreement for Hunter's Trace; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Large Scale Comprehensive Amendment -Transmittal Hearing Barbara Hollerand advised this is the transmittal stage and adoption will be in June. The Planning & Zoning C voted to approve all items. Barbara reviewed each separately. Staff recommended approval of all amendments City Manager Saunders stated the Council placed the Inland Groves property under contract. One of the grants reque: was to Lake County for a portion of the funds for land conservation and preservation fund. Their advisory commi unanimously decided to recommend the City receive a $2.5 million grant towards the project. The City is applying to Florida Trust for additional funding. The recommendation will be going to the County Commission for final approval. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, questioned sidewalks for the Southern Pines project. City Manager Saunders advised on the program called Safe Walkways for Schools. The MPO is looking at federal for sidewalks. They have asked cities to recommend how to spend those funds. The project recommended by the Clermont was Johns Lake Road to connect where one sidewalk currently ends at the east end of Lost Lake to H Road and then extend the sidewalk north and south on Hancock to connect to the existing sidewalks. • Council Member Goodgame moved acceptance of transmittal items 1 through S, 8 and 9; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1472 - Malik/Clermont Hillside Terrace Mayor Turville read Resolution 1472 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1308 to allow for residential, professional office, personal service, lounge, medical office, financial institution and restaurant uses. Jim Hitt, Planning Director, reported on the request to amend Resolution No. 1308 (Conditional Use Permit) and to the inclusion of lounge, medical office, and financial institution to the CUP, section 2 -Land Use, No. 1. The requested are considered permitted uses in a C-2 General Commercial District. Because this project is surrounde three sides by C-2, staff recommends the CUP be amended. Steve Richey, P.A., was present on behalf of the owner. He requested approval from the Council. City Manager Saunders noted there is no change to the site plan. Mayor Turville opened public hearing. Jim Purvis questioned the difference in the code between bar and lounge. He urged the Council to word it ion the of Ilow on • City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 Steve Richey stated that it will be an upscale facility. The intent is to have it on the second floor. There will be no entertainment only background music. Council Member Renick prefers language defining a lounge. Steve Richey remarked he has no problem with conditions to limit activities in this facility and asked to table for 2 Council Member Renick moved to table Resolution 1472 to April 25• seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1473 -College Station Mayor Turville read Resolution 1473 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1230 to allow for a Veterinary Clinic and to allow for a modification of the original site plan. Curt Henschel, Planner, described the request. A CUP for the subject property was approved in September 2001. allowed for the development of the property as a commercial shopping center with a total of 92,700 square feet and 4 parcels along Highway 50. When the CUP was originally approved, the applicant only had specific development pl for the out parcels along Highway 50. While the CUP site plan depicted the southern portion of the property as one 1~ .building, the exact tenant mix and building configuration was not known. Currently, the applicant has a large pet sul retailer that would like to occupy approximately 15,000 square feet of retail space. The retail pet supply company ; has a veterinary component to their business. Per code, all veterinary clinics require a conditional use permit. applicant is also requesting an amendment to the original site plan to allow a small 1,900 square foot building tc located in the parking lot of the original development plan. The retail space would be for a drive through coffee sl The applicant proposed to deduct the square footage from the allowed 92,700 square feet of the main retail building add a small out parcel with a 1,900 square foot building. The proposed site plan indicating a 1,900 square foot Starbt does not appear to interfere with the internal traffic flow or parking, also the developer will not be adding any additic square footage to the overall site plans. Staff recommends approval for a CUP and the proposed site plan and co outlet. The Planning and Zoning Commission recommended no overnight kenneling of any animals be allowed. Joe Segami, Presco, present on behalf of Bob Shaker, was available for questions. Mayor Turville expressed concern about the language for a coffee shop. City Manager Saunders stated they are meeting parking requirements for the square footage. Council Member Goodgame questioned the operating hours. Mr. Segami stated that Starbucks would not be a 24 hour facility. Council Member Renick stated there is no residential around this as it will not be bothering anyone. It out be • City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 Mayor Turville suggested conditioning it, if the operating hours become a problem, to bring it back to Council. Council Member Renick moved ap roval of Resolution 1473: seconded by Council Member Mullins. The motion was amended to include language i~perating hours become a concern. of these two uses, we can bring back to the Council. The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 8:42pm; the meeting was reconvened at 8:53 pm. NEW BUSINESS %arlton Project Darren Gray, Assistant City Manager, gave a Power Point presentation on the overview of the project, site plan, issues nd concerns. This project is contiguous to the JPA. This project will be going to the County in June. It is located in the south east part of the county. The concerns include: land use, density, transportation, schools, recreation, me 'cal services, environmental and utilities. Staff provided recreation recommendations to keep up with our comprehen ive plan. The next step is for transmittal to the Lake County Board of County Commission. Steve Richey, P.A., advised that Lake County contacted the owners of this property three (3) years ago asking the to place a boulevard to run parallel from Highway 27 to the entrance of 429. That road was placed on the MPO maps last year as a road required to have parallel access to Highway 50. There is a development in Orange County named Hori ons West of commercial and residential with a Valencia Community College campus approved which is contiguous to the •Karlton tract in Lake County. A Florida hospital asked for 100 acres to build a 320 +/- bed hospital which is and r a contractual obligation being pursued. In addition, there will be medical offices. Karlton Corporation has agreed to ive Lake County approximately 5 miles of right of way to build a road as a reliever road to Highway 50. In the Develop ent Order, there will be schools built for children. The needs analysis presented to the LPA were approved 8 t 1. Information was provided of 75,000 jobs within a 10 mile radius of the property. The traffic analysis provides the eed for the relief of this road. It is being requested by the developer to transmit to the state. He would like to se up informational sessions on the project to address concerns. The City Council spoke in opposition to the project expressing concerns about the impacts this will have on Clermont. Council Member Mullins recommended this development be a city with municipal services and suggested more than road. Mr. Richey advised this road will be funded through impact fees. Nancy Fullerton, spoke on behalf of the Alliance to Protect Water Resources, suggested postponing to allow enough to have public meetings. Jim Purvis, spoke in opposition of the project. He requested withdrawal until the public is informed. Tammy Phelps, member of VOICE, requested school concurrency be in place before Karlton is considered. Cindy Barrow expressed concern about the 50 acre site for schools and questioned a high school site. She requested work with the school board on this plan. • one 6 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 Sherry Boam expressed concern with the lack of recreation activities. Jerry Turner, Kings Ridge, requested support from the community to attend the County Commission meeting on April Alfred Minella spoke in opposition to the project. City Manager Saunders will request the County give the City equal time as far as speaking at the County Commis meeting or for the City to consider having multiple speakers to discuss different concerns of the project. Lynn Hamel expressed concern of it being too much at once. ion Mr. Saunders encouraged all of the Council to attend the April 25 Commission meeting. He noted staff will se d a response letter and will attend the meeting and requested support. Council Member Mullins suggested publishing the letter in the newspaper. Council Member Renick concurred with the idea of placing an ad in the newspaper about the Apri125 meeting. City Attorney Mantzaris suggested the letter be drafted from the Mayor on City of Clermont letterhead. Council Member Renick moved to spend mone~for a half pale ad in the Sentinel and the Daily Commercial • seconded by Council Member Mullins. The motion passed with all members present voting • a Variance Request -Taylor Curt Henschel, Planner, briefed the Council on the variance request on 1900 Lakeshore Drive. The applicant, P slip Taylor, requested to allow construction of a swimming pool within the 100 year floodplain rather than no constructs n in any designated 100 year floodplain as required by the City Land Development Code. Staff recommended denial o the request. Philip Taylor, applicant, was present requesting approval. Mayor Turville noted protection of the flood plain area. Council Member Renick moved to deny the variance request• seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Event Request City Manager Saunders stated the YMCA has decided to no longer sponsor the annual haunted house at Je kins Auditorium. The Parks & Recreation Committee has recommended the City sponsor the event this year. The actual cost is $4,900 as well as another $1,500 of other expenses. The Parks and Recreation Committee Chairperson Basha Sch azar and Kat Hyatt agreed to help obtain sponsorships. The request is for the Council to sponsor the event. Kat Hyatt requested support of the event and described the activities to be provided. • City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2006 C] City Manager Saunders remarked that it has been a well received event over the years. The set dates will be October 25 through October 31. Council Member Renick moved or the City to sponsor the haunted house at Jenkins • seconded by Council Member Mullins. The motion passed with all members present voting "aye " Ordinance No. 347-C Introduction Mayor Turville read Ordinance 347-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Article II Landscaping, Section 118-37 Landscape Buffers; providing for severability, providing for an effective date, and providing for publication. Council Member Mullins moved introduction of Ordinance 347-C• seconded by Council Member GoodQame. The motion passed with all members present voting "aye " Mayor Turville mentioned he was contacted last week regarding televised Council meetings. Council Member Renick suggested further discussion at the retreat. City Manager Saunders advised he will return to Council on the cost. ADJOURN: With no further comments the meeting was adjourned at 11: l Opm ,` w~~ .~~. k m ~~,~ ~. ~. ., ~ ~ ~ tr ~~ y" a a> ~ ~~~ ; F ~ r y \ .t~ l,. ~'4zf i~f~t ' ATTE T: Tracy Ackroyd, City erk Harold Turville