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06-13-2006 Regluar MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • The Clermont City Council met in a regular meeting on Tuesday, June 13, 2006 in the Council Chambers at City H 11. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Cou cil Members Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, Assist nt City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. Mayor Turville introduced several candidates running for office who were present: Dennis Horton for District Seat l; Cindy Barrow for Lake County School Board and Elaine Renick for County Commission. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, stated he was apart of serving on a group for the Fire/EMT interview panel. He noted that the City should be proud to have high quality employees. Cindy Barrow complimented the City for their willingness to have a workshop with the Lake County School Boar on June 28. Mayor Turville advised the joint workshop will include the City of Minneola. • Robert Bowman stated that he looks forward to being a part of Clermont. MINUTES City Council meeting held on April 25, 2006, May 9, 2006 and May 23, 2006. Council Member Goo dame moved to approve the meeting minutes of May 23 May 9 and April 25; seconded by Council Member Mullins The motion passed with all members present voting "aye ". REPORTS City Manager Saunders reported on the joint workshop scheduled with the School Board and the City of Minneol on June 28 at 6:OOpm in the Council Chambers at Clermont City Hall. Also, the Lake County Commission denied the c ty's proposal on the library building in downtown Clermont. Discussion took place regarding transferring the books om Cooper Library to the new library at the Lake/Sumter Community College. Mayor Turville noted the City needs to lobby for this request. City Manager Saunders stated the County does have another two (2) year lease on the existing library in downtown and agreed to pursue. City Attorney Mantzaris - No Report Council Member Hogan commented there should be a library in downtown Clermont. • City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 Council Member Goodgame noted that Lake County Habitat will have a groundbreaking on June 21 at loam for the 1 0"' house built in Lake County at 428 Glover Street in Eustis. He recommended nominating City Manager Saunders for ity Manager of the Year through the Florida League of Cities Excellence Awards. Council Member Goodgame moved to nominate City Manager Saunders • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Mullins commented on the League of Cities meeting discussion on pandemics. Council Member Renick stated that one of our Firefighters thanked her and the other Council Members for approvin the hiring of additional personnel. She remarked on her comments at the School Board meeting of which she assured t em the workshop is about communication between three (3) governmental entities. She reported on an email received om someone requesting a skate park. She also reported on the city concurrency meeting of which they met to work out is ues noting the cities need concise definitions. Furthermore, the growth in the cities would have to be addressed. Co ncil Member Renick voiced concern to City Attorney Mantzaris in reference to School Board representative Becki Els ick having limited input at the Planning and Zoning meetings. City Attorney Mantzaris advised she is considered a me ber of the Planning and Zoning Commission and is an equal member on the Board and is therefore entitled to sit up a the dais. Mayor Turville thanked Jim Purvis and others who spoke on the Karlton hearing at the County Commission meeting. County Commission denied the transmittal. • PRESENTATION Fire Chief Bishop presented Stuart McCutcheon, Firefighter/EMT, with a certificate for being named Student of the ear at Daytona Beach Community College from the Department of Public Safety for having the highest grade point avera e. Resolution 1476 and Variance Requests -Woodwinds Council Member Goodgame moved to table Resolution 1476 to June 27 and the variance request associated with it• seconded by Council Member Mullins The motion passed with all members present voting "ave ". COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING Second Public Hearing and Fair Housing Workshop Fred Fox reported on the second public hearing for application to the Florida Department of Community Affairs for a grant under the Neighborhood Revitalization category in the amount of $700,000 under the small cities program. This is the same project requested last year for improvements to the underground drainage along B Avenue. He reviewed changes in the application process. The proposed match is $250,000. If successful, the Sta look at the project in September and then a notice in October with an award in November. The Council is in favor of the proposed match. Council Member Mullins inquired if the construction will be coordinated with the school. • will 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 Mr. Fox stated that it will be up to the City Engineering staff. The state will want to move forward immediately on project. Resolution No. 1480 Community Development Plan Council Member Goodgame moved acceptance of Resolution 1480: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1481 A Resolution authorizing the submission of an application for the Small Cities Community Development Block Grant to the Florida Department of Community Affairs for federal fiscal year 2006 Council Member Goodgame moved acceptance of Resolution 1481; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders commented on the application for the Inland Grove Purchase and complimented Fred Fox. 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. Agreement Approval - Village Profile City Manager Saunders noted this is for a new publication from the South Lake Chamber for a two page layout. Staff come up with a new design if Council approves. Council Member Goodgame moved approval of the consent agenda: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS The next three (3) items will be heard collectively as they are all related to First United Methodist Church. Ordinance No. 549-MFinal Hearing Mayor Turville read Ordinance 549-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 Juniata Street lying east of 8"' Street and west of 7`~ Street located in section 24, Township 22 south, range 25 east, according to the plat of Clermont, recorded in plat book 8 page 17, public records of Lake County, Florida; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. n U City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • Resolution 1476 Mayor Turville read Resolution 1476 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. 1421 to allow for the construction of a 35,000 square foot social hall, a 28,000 square foot sanctuary and a 6,000 square foot administration building. Variance Request -First United Methodist Church Curt Henschel, Planner, advised that the church has requested to table the first request for 30 days. This is an amend ent to the existing Conditional Use Permit (CUP) by First United Methodist Church. The requested amendment is for the expansion of their overall facility to include a new Social Hall, Sanctuary, Administration Building and additional par ing areas. The proposed build-out will consist of three phases: Phase I will consist of a 35,000 square foot two story So ial Hall. Phase II will consist of a new 28,000 square foot Sanctuary and the demolition of the two former single fa ily residences across Seventh Street to provide additional parking areas. Phase III will consist of the demolition of the existing Hancock Building on Seventh Street and construction of a new 6,000 square foot Administration Building to ke its place. Staff recommended approval of the CUP with conditions. Mr. Henschel reviewed the conditions as outline in the CUP. He also reviewed the variance requests. Staff recommended approval for parking and to allow for grass par ing spaces rather than paved spaces. City utilities currently exist in the Juniata Street right of way. For this reason, aff recommended that Resolution 1476 pertaining to the application for a CUP and Ordinance 459-M for the Juniata St eet right of way closing should include the following: Easement(s) must be provided to the City of Clermont for all ity utilities or be relocated at the applicant's own expense. Easement provisions or relocation shall be to City requirements • and standards. With that condition, staff recommended closing of Juniata Street. John Moore, 1984 Brantley Circle, Chairman of the Building Committee, Chris Neff, Mc Cree Architects, and Ja es Basinger representing the Methodist Church were available for questions. Mayor Turville opened the public hearing. A resident from W. Broome Street questioned closing of a public street and whether this request is a conflict relatin to the separation of church and state. City Attorney Mantzaris responded the Council still has to use the same process as it would with any other applicant. Jim Purvis, 4206 Hammersmith Drive, noted the church has gone above and beyond in the downtown community. Steve Berlinsky, 1217 North Jacks Lake Road, commented it is a small street and closing is conducive for this applica 'on. He advocated approval of the request. Robert Porter, 282 West Lakeshore Drive, spoke against closing Juniata Street. Robert Bowman advised Council that his mother owns property within close proximity to the Methodist Church and she extended an offer to the church to use her lot if there is a deficit. John Moore commented the plan does not include closing Juniata traffic flow. U 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • Mayor Turville closed the public hearing. Mayor Turville noted the church has become an anchor for downtown. Council Member Goodgame asked Mr. Moore to explain the issue of not closing Juniata Street. Mr. Moore stated it allows it to move the street north and continues to be a one way through access. Council Member Goodgame asked if grass parking could be lined in order to achieve the number of requested spaces. City Manager Saunders stated some cities have used ways to delineate the spaces and staff will work with the church. Council Member Renick noted she has no issues with the grass parking or the street. Council Member Mullins requested a two story parking structure for future reference and inquired about rentals. John Moore stated they have not considered rentals and it will seat 600 auditorium style seating. Council Member Goodgame moved acceptance of Ordinance 549-M,• seconded by Council Member Renick. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Council Member Goodgame moved acceptance of Resolution 1476; seconded by Council Member • Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame moved acceptance of items 2 and 3 as stated in the variance request and to table the building height request for 30 days to the July 11 meeting; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Variance Requests - PJ Marks Curt Henschel, Planner, reported on the variance requests for Slippery Pete's located at 848 W. Osceola Street. request is to allow for the placement of a landscape buffer on the Osceola Street right of way rather than the appl property and to allow for a landscape buffer with a minimum width of nine feet rather than the 1 S feet per code. Mr. Marks is planning to construct a restaurant and bar at his wakeboard camp properly on Lake Minneola. In Oct ber 2004, Mr. Marks was granted this variance request for the same parcel, however, the owner did not start construc ion within the one year time frame voiding the variance request. In order to provide the required on site parking for the proposed restaurant, Mr. Marks needs to be able to place the required landscape buffer on the Osceola Street right of ay. Mr. Marks is proposing to landscape and maintain the area between his property line and the Lake Minneola Trail that parallels Osceola Street. This strip of property varies from nine to 22 feet in width. The City may, in the future, wa t to realign the trail so that it runs along the Lake Minneola shoreline rather than along Osceola Street. This would requ re a dedication of right of way or easement across Mr. Marks' property. Mr. Marks has agreed to reserve property for the ail, however, by doing so he would be giving up property necessary for either parking or landscaping for the restau ant. Therefore, Mr. Marks believes if he reserves property for the trail, it is appropriate for the City to allow his lands ape buffer to be provided on the City right of way. Staff supports the request to place the landscape buffer on City rig t of way and the request to provide a buffer with a minimum width of nine feet. • City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville noted concerns of activity such as allowing trailers to park on the properly. City Manager Saunders stated that once opened, the boat and trailer parking would have to go to another site. Council Member Renick moved to approve the variance request for PJ Marks; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS Inland Groves/Pool Trust Property City Manager Saunders reported on the City entering into an~agreement with four contracts for property purchase. he inspection period to review the property expires tomorrow, June 14. Should the City decide not to close on the prope ies after the inspection date, we will forfeit the deposits which were $10,000 on each of the four contracts. We can notify the sellers on or before June 14 of our intent to cancel the contracts and all deposits will be returned. If not, then we nee to proceed with closing. While the purchase price for the Pool Trust parcel is significantly higher than the appraisal, the Inland Groves purchase price is significantly lower than the appraisal resulting in the total combined appraised v lue being within $121,000 of the purchase price. This is a difference of less than 1 %. An Environmental Assessment as conducted and found a couple of items. The assessment company's only concern was the storage tank of 1,500 gal ons which was dumped onto the site. Their opinion was very little likelihood of ground water contamination. They did .recommend that we may want to do one test well for any possible contamination. Based on those assessments, taff recommended moving forward with acquisition. The contracts close on July 14. The City has applied fora $5,010, 00 grant through the Florida Trust program and a $2,500,000 grant through Lake County to assist in the $8,250,000 purc ase of the south half of the two parcels. Mayor Turville opened the public hearing. Robert Porter, 218 West Lakeshore Drive, questioned the appraisal and the value given to the wetlands. Also, he inqu'red how the city will pay for the property if the grants are not approved. City Manager Saunders stated there was a preliminary appraisal conducted by Cecil Neff and Associates who as approved by DCA. Mr. Neff did a preliminary appraisal of which they did not use enough comparables of the area. taff asked him to look at the comparables in the area. Then, he went back and updated his appraisal based on recent sales and afterwards the adjustments were made. As far as the budget, the City has two cycles before required to pay the not . It will be coming from money the City already has through impact fees and infrastructure dollars. Staff feels confident hey will receive grant funds. There could be long term loans or other grant programs. If no money is available, the City c uld sell the properly. Council Member Renick stated they were appraising it as real land. This does have over 2,000 feet of lakefront prope Mr. Porter stated the real estate market has changed recently. City Manager Saunders pointed out the contract looks favorable toward the City. • City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • Mayor Turville closed the public hearing. Council Member Renick made a motion to move forward with the closing• seconded by Council Member Mullins. The motion passed with all members present voting `aye ". City Manager Saunders noted he received a memo from Cheryl Canada, City Engineering Department, advising the may want to consider a soil boring. It may not be necessary however Council will have to decide. Developers Agreement -South Lake Medical Arts Center Barbara Hollerand, Planner, stated this agreement was approved by Council in April but the City later learned the pr had been sold prior to Council approval. This new agreement removes the name of the previous owner, Hunter's Investment, Inc., and replaces it with the new owner, South Lake Medical Arts Center, LLC. The content is the The new owner has agreed to the same limitations. Staff supports the change. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to accept modifications to the Developers Agreement; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance 553-MIntroduction Mayor Turville read Ordinance 553-M aloud by title only. • An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved to introduce Ordinance 553-M,• seconded by Council Member Renick. The motion passed with all members present voting "aye ". Ordinance 555-MIntroduction Mayor Turville read Ordinance 555-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the small scale comprehensive plan amendment for the City of Clermont, Florida, pursuant to the local government comprehensive planning act, chapter 163, part II, Florida Statutes; setting forth the authority for adoption of the small scale comprehensive plan amendment; setting forth the purpose and intent of the small scale comprehensive plan amendment; establishing the legal status of the small scale comprehensive plan amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance SSS-M,• seconded by Council Member Renick. The motion passed with all members present voting"ave ". Ordinance 554-MIntroduction Mayor Turville read Ordinance 554-M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved to introduce Ordinance 554-M.• seconded by Council Member Goodgame. The motion,passed with all members present voti~~aye ". Ordinance 556-MIntroduction Mayor Turville read Ordinance 556-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the small scale comprehensive plan amendment for the City of Clermont, Florida, pursuant to the local government comprehensive planning act, chapter 163, part II, Florida Statutes; setting forth the authority for adoption of the small scale comprehensive plan amendment; setting forth the purpose and intent of the small scale comprehensive plan amendment; establishing the legal status of the small scale comprehensive plan amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance 556-M,• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance 557-MIntroduction • Mayor Turville read Ordinance 557-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the small scale comprehensive plan amendment for the City of Clermont, Florida, pursuant to the local government comprehensive planning act, chapter 163, part II, Florida Statutes; setting forth the authority for adoption of the small scale comprehensive plan amendment; setting forth the purpose and intent of the small scale comprehensive plan amendment; establishing the legal status of the small scale comprehensive plan amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance 557-M• seconded by Council Member Goodgame The motion passed with all members present voting "aye ". Ordinance 559-MIntroduction Mayor Turville read Ordinance 559-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved to introduce Ordinance 559-M• seconded by Council Member Goodgame. • City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2006 • Under discussion, Mayor Turville asked staff if they are working on a Developers Agreement for the parcel. Manager Saunders stated it will be at the final hearing on June 27. The motion passed with all members present voting"aye ". Lake County Comprehensive Plan Future Land Use City Manager Saunders stated City staff reviewed with Council the proposed land uses for the JPA area and Cou cil directed staff to forward to Lake County. Staff did submit and met with Lake County. They will be going to the LPA nd then the County Commission with the proposed changes. There are major differences in densities. Staff is prepare to answer questions. The plan is to have staff members present at the LPA meeting to move forward with the recommendations. Council Member Renick asked to have the comparisons written out and sent to the Council. She also questioned Kar ton going in with the proper land use. City Manager Saunders stated that Karlton would not have to request the land use amendment process. Assistant City Manager Gray showed Lake County's recommendation. The largest difference is in the southeast pa of the JPA. He advised staffs concern is the `blade' area. City staff has it as 2.5 to 1 ratio where the County has it as a m xed use traditional neighborhood at a ratio of 4 to 1. Lake County will review Clermont's JPA and all of South Lake Co nty. They have scheduled three meetings which will be held on June 15, 19 and 21. Lake County has put us on the agend for the June 19 meeting in Mount Dora to discuss Clermont's JPA. Jim Purvis noted he could pass the word around to attend the meeting. Cindy Barrow stated that VOICE will be present on June 19 and will be calling others. Al Manella, Summit Greens, voiced his support as well. ADJOURN: With no further comments the meeting was adjourned at 9:26pm. APPROVED: Harold Turville ATT T: Tracy ckroyd, City C rk