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06-27-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 • The Clermont City Council met in a regular meeting on Tuesday, June 27, 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: Council Men Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, Assistant Manager Gray, City Attorney Mantzaris, and Deputy City Clerk Noak. INVOCATION Rev. Doug Kokx gave the invocation, followed by the Pledge of Allegiance. PUBLIC COMMENTS Mr. Wally Herda addressed the paving of Hampton Street regarding the lack of notification to the citizens as to why project would begin and the sewer collar not being raised. City Manager Saunders will address Public Services on issues. City the Mr. Herda inquired as to how long it takes to be placed on an agenda. City Manager Saunders explained the process an the deadlines. Council Member Renick mentioned that if it is an item that requires a vote, it would be an appropriate a nda item, but complaints are brought up during public comments. Mr. Herda would like to prevent large semi-trucks from traveling on Hampton Street. 1im Purvis provided Council with photos of a flooded holding pond that is used for irrigation in the Kings Ridge subdiv sion •nd that St. 3ohns had required the City and Lennar Homes to install an automatic shut-off valve four years ago. Water 's up to the top of the birm, threatening homes and could ruin the pond liner. City Manager Saunders will have Engine ring provide an update on the plans they have been developing to address the situation. Adele Lemke, Kings Ridge, advised Council on her backed up sewer and the City informing her that the situation wou d be taken care of and paid for, including her expenses to reside elsewhere. She had cancelled her claim with her insu ance company, as instructed by the City. Upon near completion of the cleaning process and removal of drywall, she recei ed a letter from the City's insurance agency indicating that the City was not responsible. After contacting her insu ance provider, they informed her they would not provide loss coverage as the City is responsible. Ms. Lemke offered pictu s of the damage. Mayor Turville updated Council on his conversation with Ms. Lemke and City Manager Saunders prior t the meeting that the City will handle the situation. City Attorney Mantzaris advised Ms. Lemke that the City would event ally need the pictures. PROCLAMATION Mayor Turville read the Election Proclamation aloud to elect Seat I, Seat III, and Seat V. Qualifying dates will be~in at noon July 17 through noon on July 21. REPORTS City Manager Saunders reminded Council of the joint workshop with City of Minneola and the School Boar for Wednesday, June 28, 2006 at 6:00 pm. Workshop dates for the budget were scheduled for July 18, 19, and 20 at 6:0 pm. ~ouncil selected Thursday, July 6 at 6:00 pm for a Council Workshop. City o, f Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 City Attorney Mantzaris reminded Council that he would be out of the country until July 12 and would be email. Council Member Hogan - No Report Council Member Goodgame mentioned he attended the LPA meeting along with Assistant City Manager Gray and Co Member Hogan regarding zoning issues in South Lake County. He reported on the Tourism Board meeting where discussed approaching Lake County for aone-cent additional tourist tax for Lake County Performing Arts. Council Member Mullins - No Report Council Member Renick - No Report Mayor Turville provided information that Council Member Goodgame had provided on a prescription drug di program that Lake County will have available beginning July 3. The card is free and provides up to 20% off all ; medications despite insurance coverage. The card will be available at Cooper Memorial Library. Mayor Turville noted the items to be tabled. Resolution 1475 and Variance Request, Woodwinds Development • Council Member Mullins moved to table to July 25 • seconded by Council MemberGoodgame. The motion passed with all members present voting"rrye ". Resolution 1482 Council Member Mullins moved to table to July 11 • seconded by Council Member Goodgame. The motion passed with all members resent voting "aye ". Resolution 1479 Council Member Mullins moved to table to July 25 • seconded by Council Member Goodgame. The motion passed with all members present voting"Rye ". Mayor Turville requested that the Black West issues be moved to the beginning of Unfinished Business after the Consent Agenda. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested if wishing to have any item pulled for discussion to please come forward at this time. Council Member Goodgame pulled Consent Item No. 3. • via they card of 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 • Item No. 1 -Bid Award Item No. 2 -Budget Amendment Item No. 3 -Open Air Sales Permit Approval to award bid for Fire Station 2 Expansion project to Southern Building Services in the amount of $391,300 Request permission to amend the Police Department 2005 Budget in the amou $20,000 to purchase a marked police vehicle Request for an Open Air Sales & Tent Permit from American Eagle Fireworks for retail sal fireworks located on Hwy 50, west of Kim's Cabbage Patch, from June 28 -July 8 Council Member Mullins moved to approve consent items 1 and 2 ~ seconded by Council Member Renick The motion was passed with all members present voting "aye " Council Member Goodgame was opposed to the open air sales of fireworks inside the City, citing public safet responsibility. Mayor Turville indicated that only sparkler type items were legal and he did not consider safety as an There had been only one occasion in past years where the company was not permitted to sell due to the ban impos Lake County because of severe drought conditions. City Manager Saunders indicated there had never been problems past and the applicants have operated in Clermont for many years. Yvonne Allen, President of American Eagle Firev provided Council with their history of ten years of safety in Clermont and felt this was an important tradition and a s} ~f our freedom. The products are legal; the company is licensed; they hire local residents; and the State Fire Marsha ever had any problem with their company. During public discussion, Mr. Herda asked if the City had regulations a. fireworks and John Sutts stated that Target and Winn Dixie now sell these. Council Member Renick moved to approve consent item no 3 ~ seconded by Council Member Mullins The motion passed 4 to 1 with Council Member Goodgame opposing UNFINISHED BUSINESS Annexation Agreement-Black West City Manager Saunders explained that Black West consisted of an annexation agreement, an ordinance for the annex and one part of the Large Scale Comprehensive Amendment Transmittal Hearing. The northern 140 acres is outside c City's JPA and under the JPA agreement, the City cannot annex unless an amendment is made to the map. Council c consider only the southern portion and come back later with the 140 acres. Our recommendation is to table this unt: City discusses with Lake County to consider an amendment to the JPA map and then come back to Council as a com package for consideration. The owners are in agreement. City Manager Saunders advised he spoke to Lake County a there is desire on the Council's part to go ahead in that direction, they can have it on their agenda within the next 30 da} Council can postpone until the July ZS meeting. Council Member Renick preferred that the item not be considered after the joint workshop on June 28, and would like to base the tabling of the motion on this fact. Mayor Turville read Ordinance No. 559-M aloud by title only. • of of and by the has the the nd if s, so until 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 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 5EVERABILITY; AND PROVIDING FOR PUBLICATION. The Council agreed to table until July 25. _Councit Member Renick moved to table • seconded b~Council Member Mullins. The motion was yassed with all members present voting "ave ". Mayor Turville inquired as to what would occur next. City Attorney Mantzaris explained that this would then come' before Council at a later date to direct staff to work with the County to amend the JPA. Council Member Goodgame moved to table and direct staff' to work on amending the JPA to include the northern Portion • seconded by Council Member Mullins The motion passed 4 to 1 with Council Member Renick opposing. Ordinance No. 553-M Mayor Turville Ordinance 553-M aloud by title only read 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. Ordinance No. S55-M 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 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. Barbara Hollerand, Planner, presented the annexation and Small-Scale Comprehensive Plan Amendment of the Ci Clermont well site that is located within the Greater Hills Subdivision consisting of 1.42 acres. It currently has a County existing zoning designation of Planned Unit Development with a Lake County future land use zoning designati Lake County Urban. This is an administrative annexation request and is being heard in conjunction with Ordinance 55. The City owns and operates a well and water treatment and pumping facility at the location and would like to bring the pieces of property into the City and within the jurisdiction of the Clermont Police Department. Upon annexation property would enter the City with Urban Estate residential zoning which is sufficient for a utilities use. recommendation is for approval. r1 U of n of -M. two the 4 City of Clermont MINUTES REGULAR COUNCIL MEETING 3une 27, 2006 Council Member Goodgame moved to pass ordinance 553-M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Council Member GoodQame moved to pass Ordinance 555-M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "ave ". Ordinance No. 554-M Mayor Turville read Ordinance 554-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. Ordinance No. 556-M 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 STATUTUES; 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; PRVIDING FOR THE ADOPTION OF 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. Barbara Hollerand, Planner, presented an overview of the annexation and Small-Scale Comprehensive Plan Amendm nt of the 2.44 acre water treatment and pumping facility located within the Greater Hills subdivision on Charter Oaks Tr il. Currently, the Lake County existing zoning is Planned Unit Development with a Lake County future land use designat on of Lake County Urban. This is an administrative annexation request and is being heard in conjunction with Ordina ce 556-M. The City owns and operates a well and water treatment and pumping facility at the location and would lik to bring the property into the City and within the jurisdiction of the Clermont Police Department. Upon annexation, he property would enter the City with Urban Estate residential zoning which is sufficient for utilities use. S aff recommendation is for approval. Council Member Good~ame moved to accept 554M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members.present voting "ave ". Council Member GoodQame moved to accept 556M• seconded b~Council Member Mullins. The motion passed5 to 0 on a roll call vote with all members present voting "ave ". • City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 s Ordinance No. 557-M 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. Barbara Hollerand, Planner, presented the Small Scale Comprehensive Plan amendment to change the Future Land Map of Qadir Property. The property is approximately 6 acres and located south of S.R. 50, north of Hooks St, and of Citrus Tower Blvd. The request is to allow for a City Undeveloped District 2 (UD-2) Commercial and is currE zoned C-1 and R-3 with a future land use designation of County Urban and is currently vacant. Staff recommendati~ for approval. Council Member Goodgame moved to accept 557-M• seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote with all members present votin~aye " Large Scale Comprehensive Amendment Transmittal Hearing .Barbara Hollerand, Planner, resented the Lar e Scale Com rehensive Plan Amendment Transmittal as consistin of P g P g (6) separate items of which item number one (1) was removed due to the postponement of the Black West annexation. Ms. Hollerand informed the public to see her if they desired to be placed on the DCA decision notification list. is Item number two (2) is the Theater Management, Inc. property consisting of 30.97 acres located east of U.S. 27, nort of Steve's Road, and south of Hooks Street. The land is currently vacant and zoned R-1, Residential. The amendment ill change the future land use to UD-2 Commercial for a proposed mixed-use commercial development anchored by a 1 to 16 screen movie theater. The parent tract consists of a total of 60.87 acres of which 19.9 was previously zoned U -2 when purchased in 2005. City Council granted UD-2 zoning for an additional 10 acres in April 2005, along ith approving a conditional use permit for the theater project and encouraging the applicant to apply for this future land se change. Ms. Hollerand referred to a letter of opposition received from Mr. Homer Allen requesting the provision for adequate and appropriate buffering. Staff recommendation is for approval. Item number three (3) is the Inland Groves property consisting of 220 acres located north of S.R. 50 on C. R. 561 nd 561A (Lake Minneola Shores). The City is the applicant and the existing land use is Agricultural with an existing zoning of Urban Estate and a future land use of County Urban Expansion. The requested future land use is for Establis ed Residential District 4 (ERD-4) Recreational. The anticipated closing for the southern portion is July 2005 and for purchasing the northern portion within the next three years. Staff recommendation is for approval. Item number four (4) is an administrative text amendment to appendix C to allow for personal service establishment; the Established Business District 1 future land use. The applicant is the City of Clermont. Staff recommendation is .pproval. ~m for 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 i Item number five (5) is an administrative text amendment to appendix C to allow for single family detached resid and multi-family attached residences as permitted uses and to establish a maximum density of 4 per acre for single-f. residential development. The existing density for multi-family remains unchanged. Historically, residential uses been allowed in all City land use districts and this appears to have been an unintentional omission. Staff recommenc is for approval. Item number six (6) is an administrative text amendment to Goals, Objectives and Policies/Future Land Use E adding a new policy providing for protection of lands within the Green Swamp Area of Critical State Concern. Al no portion of the Green Swamp ACSC is presently in the City limits, future annexation requests could bring lands the Green Swamp ACSC under City jurisdiction. Staff recommendation is for approval. Theater Management Inc. applicant representative David Woodson provided Council with an update regarding the of their obligations under the Conditional Use Permit that was approved last year. Ann, a resident in an area near the Theater Management Inc. site, asked about the buffer that was referred to in Allen's letter. City Manager Saunders addressed the letter and informed the public that the current item before Coy was strictly a land use change and that the City does require buffers. Council Member Renick moved to approve item number two U' seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Cauncil Member Goodgame moved to approve item number three (3) seconded by Council Member Mullins The motion amassed with all members present voting "aye ". Council Member Goodgame moved to approve item number four (4) • seconded by Council Member Mullins The motion passed with all members present voting "ave ". Council Member Goodgame moved to approve item number five (5)' seconded by Council Member Mullins The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve item number six (6)' seconded by Council Member Mullins The motion passed with all members present voting "aye "._ Mayor Turville called for a break at 8:45 pm and the meeting resumed at 9:00 pm. NEW BUSINESS Variance Request -Hospice of Lake and Sumter Curt Henschel, Planner, presented the variance request allowing for a fifteen (15) foot sloped landscape buffer with more than a 3 to 1 slope at the south portion of the project. Section 118-37 allows a ten (10) foot level planting area ar five (5) foot 4 to 1 slope. Two retaining walls are needed to position the building for optimal use and totals approxima 16% of the overall front landscape buffer. Staff recommendation is for approval with the condition that additit landscape plantings, specifically canopy trees, be added. no ly . Council Member Renick motioned to approve as sta, f~ recommended • seconded by Council Member City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 Mullins The motion passed with all members present voting; "ave. " Variance Request - Pointe at Lake Felter, LLC Curt Henschel, Planner, presented the variance request from Schmid Construction and Development for the Bella Subdivision. The request is to allow for decorative brick pavers to be used at several locations within Bella formally known as Governor's Ridge at Lake Felter. Currently, City code does not permit this use within the right- way. The applicant desires to add this element to what will be a gated, upscale community. Staff recommendation is approval. City Manager Saunders requested that they include a condition that the City would not be responsible for repairs. Council Member Goodgame moved to accept with the City's additional conditions on repairs; seconded h~LCouncil Member Mullins The motion amassed with all members present voting "aye ". Variance Request -Bill Campbell Curt Henschel, Planner, presented the variance request from Bill Campbell, 205 Hatteras Ave. The owner completed he construction, however, found discrepancies between the final build out and the approved plan. Variance one (1) is to all w for smaller landscape islands. Variance two (2) is to allow for absence of landscaping adjacent to the southern wall f a dumpster enclosure. Staff did not see a hardship for either request and recommendation is for denial. Mr. Campbell provided Council with pictures and pointed out the air conditioners and the dumpster area altered for f handling refuse, creating the adjustments that were made in May. Mr. Campbell indicated that this was an oversigl is -part and should have caught this earlier. Mayor Turville voiced concern about the inspection process and noted had been overlooked by the inspectors. Council Member Goodgame moved to accept the variance request• seconded by Council Member Mullins. The motion passed with all present voting "aye ". Variance Request -Michael Zaccardi Curt Henschel, Planner, provided Council with Michel Ziccardi's variance request for a rear setback of 22.5 construct a screen room with an insulated roof-over at 1484 Muir Circle. Mr. Henschel described the measu running down the slope would be 25.5 feet and it backs up against a 15 feet easement. Staff did not have any obj to the request. to Mr. Ziccardi was available for questions. Council Member Mullins questioned the existing slab. City Manager Saund rs stated the slab does conform; it is only the roof-over that creates a problem. Council Member Renick considered tha it met setback due to the slope measurement exceeding City code requirements. Council Member Renick moved to accept the variance • seconded by Council Member Mullins. The motion passed with all present voting "aye ". Ordinance No. 350-C ayor Turville read Ordinance No. 350-C aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2006 • AN ORDINANCE OF THE CITY OF CLERMONT AMENDING CHAPTER 22, "CEMETERIES", OF THE CITY CODE BY AMENDING SECTION 22-3 "RULES, REGULATIONS AND RESTRICTIONS, TO REMOVE THE REQUIREMENT THAT OAK HILL CEMETERY BE RESTRICTED TO A LAWN MEMORIAL TYPE CEMETERY; PROVIDING FOR SEVERABILITY, CONFLICT, EFFECTIVE DATE AND CODIFICATION. City Manager Saunders stated the ordinance will allow for cremorials or other types of burials other than in-ground. Council Member Mullins moved to introduce Ordinance 350-C• seconded by Council Member Goodgame. The motion carried with all members present voting "aye „ ADJOURN: With no further comments the meeting was adjourned at 9:50 pm. APPROVED: ,: .aa~, ~ ~~ ~~ > ~, b ~' A, ,;~:- ATTESTc; "~ "~ ~;'. or Harold Turville Tracy Ackr~fyd; City Clerk • 9