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07-11-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 r1 LJ The Clermont City Council met in a regular meeting on Tuesday, July 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, Ass City Manager Gray, City Attorney Brown, and City Clerk Ackroyd. INVOCATION Assistant Minister of First United Methodist Church, Gary Edwards, gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Steve Berlinsky, on behalf of Clermont Downtown Partnership, stated they adopted two Resolutions related to ob McKee's suggestion of a government business partnership structure in downtown and requested the Council to consi er the proposal. Mr. Berlinsky read both of the Resolutions aloud in its entirety titled Cooper Memorial Library & Its Presence Downtown and the second Resolution is titled New Building Developed by Bob McKee. He requested the ity Council instruct City Manager Saunders to enter into discussions with Bob McKee. He further commented the o ly library in the City is a County library and suggested the City develop a plan to check into a cost to determine feasibility Council Member Goodgame advised that he serves on the Cooper Memorial Library Board and noted there will b~ a meeting with the directors tomorrow and would like to invite Mr. Berlinsky to the meeting. .Council Member Renick noted she would like the City Manager to pursue in a timely manner. Mr. Saunders advised he would make it a priority as he is already looking into several options. Stanley Pine, Summit Greens resident, questioned the Council on the postponement of Black West and disappointment by not allowing public input. Mayor Turville advised that the language in the City's JPA precluded the Council from being able to consider based o a portion of the property being outside of the City's JPA. The Council has to amend the JPA before it can be consider d. He further explained it is a land use issue that has not been decided and can not discuss the request at all. By postpon ng the item, there can not be any discussion until it is being heard by the City Council. REPORTS City Manager Saunders reported that the Lake County Commission awarded the City a $2.5 million grant for the Inl nd Groves property purchase. He reported the closing for the south portion of the property is scheduled for this Friday. Th re is one clause in the purchase agreement stating any licenses and easements must be transferred to the City. CSX has an old railroad that runs parallel to the roadway and there was an old license granted to the Inland Groves Corporation wh ch was a non transferable license for use. The Attorney for the sellers advised it is non transferable but willing to talk to he City. Also, Lake County is negotiating with CSX about purchasing the remainder. Mr. Saunders advised that he does of believe it will be an issue. The City is not planning anything around the use at this point and will be moving forward 'th the closing. There is no motion necessary; just to advise the Council. City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • City Manager Saunders stated the City has applied for a grant through FEMA to help with the drainage project on Blox Avenue. They have asked to have documentation from the City Council to concur with staff's request to apply for grant and to authorize the City Manager to sign the grant request by requiring a motion from the Council. Council Member Mullins made the motion to approve: seconded by Council Member Renick. The motion passed with all members present voting "aye ". City Attorney Brown - No Report Council Member Hogan noted he attended the Oakland Sign Dedication of the Green Mountain Scenic Highway. Mayors of Oakland, Winter Garden and Windermere extended a thank you to the City Council. Council Member Goodgame expressed concern with a temporary fireworks tent sale posting signs throughout the ity which is a violation of the sign ordinance. He suggested developing a fine for illegal signs. Mr. Goodgame requeste a workshop between the Council, City Attorney Mantzaris, staff and the Code Enforcement Board to discuss the issue of illegal signs and outside storage. Council Member Mullins - No Report Council Member Renick asked Council to consider who will be her replacement on City's boards such as the Lake Cou ty Water Alliance to take over as the representative of the City. She advised there will be a meeting tomorrow. The Ci is required to designate alternative water sources. Ms. Renick also advised Council of a public records request for all of er ~emails of the last 4 years. She requested staff develop a method of the City becoming the custodian of the records w en Council Members use their personal computers to communicate with the residents where the City keeps the emails. City Manager Saunders replied the City does have a way to set up a method of doing that. Mayor Turville commented that when someone communicates with a Council Member, it becomes public record. 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 -Plat Approval Hillside Villas, Phase II Item No. 2 -Budget Amendment/ Request permission to amend the Fire Department Budget in Bid Award amount of $17,483.72 for repairs to Tower I 1 and award the li to Hall-Mark Fire Apparatus Council Member Goodgame moved approval of the consent agenda item 1: seconded by Council Member Mullins. The motion passed with all members present votin~aye ". Council Member Goodgame moved approval of consent agenda item 2: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • Mayor Turville advised the following items have been withdrawn from the agenda: Resolution 1482 and the F Subs Variance Request. UNFINISHED BUSINESS Lake Winona Bridge City Manager Saunders briefed Council on the Lake Winona Bridge describing the three options for considers Option 1 is milling and resurfacing only; option 2 is replacing the concrete slab and 3 is replacing the culvert with a bridge structure. Kimley Horn and Associates and City Engineer Richardson recommended the approval of option 2. Saunders agrees that option 2 is the best option to repair and would be less expensive. He is also asking for authorize to approve the scope of services with Kimley Horn and Associates. Mayor opened the public hearing. Don Tracy, 800 N. Lakeshore Drive, requested the Council consider option 3. Dave Peterson, 916 W. Lakeshore Drive, requested the Council not procrastinate on making a decision. Bob Felter, 1605 Lake Avenue, expressed concern for damaging seawalls with driving new pilings. Roy Davis, 1445 Lake Avenue, stated the culvert pipe is becoming a hazard in trying to pass through. •Don Voorhees expressed concern with the second proposal by putting another cap on it noting it will sink more. Jeff Storey lives on Lake Winona was concerned with a possible boating accident for public safety to access. Mayor Turville closed the public hearing. City Manager Saunders stated that option 1 would be just putting a new cap on the bridge. Option 2 takes the weight of the culvert and puts a new slab on top to resolve the problem and resolves problems with major vehicles passing on road. Council Member Mullins questioned whether testing of pilings is included in the proposal. Council Member Renick commented she would support option 2. Mayor Turville expressed concern about the possibility of sinking. Bob Voorhees voiced concern with sediment problems under the culvert. Chris Germano, Kimley Horn, consulting Engineer for the project, advised they will be checking existing piles to see they are sufficient. If not, new piles will be installed which is included in the cost. Mr. Voorhees commented on the sketches shown in a previous meeting displaying piles running parallel to the edge of i road and questioned how it would support a slab that does not cover the top of the pile. if City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • Mr. Germano stated they will test the piles and if they are insufficient, the piles will be replaced to support the slab. There were questions raised in regards to the cost of the project. City Engineer Richardson advised the proposed cost is based on recent projects. Roy Davis noted the possibility of sinking with option 2. City Manager Saunders stated in the last 18 years, it has sunk 4 inches. Staff would not recommend if they did not confident of a long term solution. Council Member Hogan moved to accept option 2: seconded by Council Member Mullins The motion passed with all members present voting "aYe ". Ordinance 350-C Final Hearing Mayor Turville read Ordinance 350-C aloud by title only. 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 advised that this ordinance removes the stipulation that the cemetery can be only used as a 1~ memorial type cemetery. It will not be in conflict with the plat. This will allow the Council to maximize space in future. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Ordinance 350-C: seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present voting "aye ". NEW BUSINESS Variance Request -First United Methodist Church Curt Henschel, Planner, reported on the request. The applicant is McCree Architects & Engineers Inc. The First Unit Methodist Church is seeking a variance request for their master development plan. The request is for an overall buildi height of 50 feet for the proposed social hall. City Code currently calls for a maximum building height of 45 feet on t tallest building elevation, which includes the height of parapets, church spires, and the peaks of roofs not intended human occupancy. The existing Sanctuary has a maximum roof height of 52 feet, and a maximum overall height of feet including the church spire, which rises above the roof ridge. The interior habitable height request is for 37 feet ratl than the current city code maximum height of 35 feet. The interior height design will allow the social hall to maximize potential as a multi use facility (i.e. gym, educational classes, and recreational ministries.) With an exterior hei€ difference of 2 feet below the existing sanctuary, and the fact that this area is not for any type of habitable occupant staff recommends approval of the variance request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 John Moore, 1984 Brantley Circle, Chair of Building Committee, was present and available for questions. Mr. Neff, McCree Architects & Engineers, provided an explanation for the variance request. Mayor Turville opened the public hearing. Ed Proli, Summit Greens, voiced concern with accessibility to the roof in case of a fire. City Manager Saunders replied that the City has a fire reviewer that sits on the Review Committee and the reviewer not see a concern. He further advised there will be another detailed review by the Fire Department. Mayor Turville asked staff to specifically inquire about this question. Mayor closed the public hearing. Council Member Goodgame moved acceptance of the variance request by First United Methodist Church • second y Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 8:SSpm; the meeting reconvened at 9:13pm. Variance Request -Mirror Lake • Jim Hitt, Planning Director, reported on the six variance requests. The owner/applicant is Robert K. Hogan. The loca ion is south of old Highway 50, north of Summit Greens, east of Black Still Road and west of Greater Hills. The requests e: (1) to allow for a grading cut and fill up to 15 feet; (2) a private street rather than public; (3) a 50 foot wide local street; (4) a reduction of the minimum centerline radius to 50 feet; (5) construction of a sidewalk on only one side of the street; nd (6) reduction of the front yard setback to 20 feet. Staff was not opposed to any of the variance requests. Applicant, Keith Hogan, was present. Since the time the property was annexed, he stated they have tried to have a pro ect that is an asset to the community by gating it to be more upscale and reducing the number of lots. He was available for questions. Mayor Turville opened the public hearing. Stanley Pine, Summit Greens resident, questioned the retention area, tree survey, environmental survey and one ~vay access onto Old Highway 50. Judy Proli, Summit Greens, voiced concern with a request to allow a grading cut. Keith Hogan stated the density of this development is less than Summit Greens. The Fire Department has reviewed the request for the radius in the entrance way and has no problem. The gate has been moved back. He noted the side alk request is to be placed on the sides of the streets where there are two homes. A tree survey has been conducted d understands the City's tree ordinance. The grading issue is because of the slope being on the narrowest part of the property. He further commented there is a possibility to do grading and filling in the back. Mayor Turville commented it is a cut on the footprint of the house to lower the house on the front side so the house City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • be taller on the back side and questioned whether the City's ordinance addresses that issue. City Manager Saunders noted there may need to be changes to the ordinance. Mayor Turville asked Mr. Hogan about lowering the height of the house. Mr. Hogan responded that not every house will be two story and they do not have all the same slope issues. He fur noted that it does lower the height of the house. Bob Thompson, 1958 Brantley Circle, addressed grading. Council Member Mullins suggested landscaping between the blacktop and the edge of the property and tabling grading request. The applicant is in agreement with the suggestion. City Manager Saunders explained the reason staff is not opposed to the 50 foot radius. Council Member Renick questioned the front yard setback reduction. Bob Thompson remarked that a reduced amount of front yard setback is better for the driveways to not be so steep. .Council Member Renick requested reassurance to save the trees. Bob Thompson noted they could return with a tree survey. Council Member Goodgame inquired about requiring a landscape buffer where the development backs up to Sum Greens. City Manager Saunders noted they cannot require a buffer when one residential subdivision abuts another. Council Member Mullins recommended Summit Greens pay to have the wall extended. Mayor Turville asked about a retaining wall on the western side. Mr. Thomppon was unsure until the grading plan is complete. Mr. Thompson recommended tabling variance 1 and 6 and return with a survey. Council Member Renick moved to table variance 1 & 6 to AuQUSt 8; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Mullins moved to grant variances 2 through 5; seconded by Council Member Goodgame. Mayor Turville questioned the single entrance issue. ~, 6 City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • City Manager Saunders stated the code reads that less than 25 lots only require one entrance. The motion passed with all members present voting "aye ". Variance Request - St. Clare Development Jim Hitt, Planning Director, reported on a variance to allow for second story signage rather than no signage locates Oakley Plaza, 1200 Oakley Seaver Drive. The applicant is requesting a variance to allow signage for the tenants on second story of the Oakley Plaza development. The Land Development Code (LDC) does not specially address secs story signage in that there is no sidewalk or canopy associated with the tenant, for where the signage is proposed. second story has access from an internal courtyard staircase and elevator. The only architectural feature on the sect floor includes windows and only three green window awnings on one section of the building. The Oakley Plaza shopp center is already permitted one wall sign for identification of the center. The LDC also allows for directory signage wh can provide internal assistance for individual tenant locations, including those on the second story. Any specific critE for second story (or greater) signage for individual tenants of multiple occupancy shopping centers has not b• developed, and staff does not feel it is appropriate at this time to arbitrarily assign second story signage without spec code requirements being in place. Staff recommends denial of this variance request for second story signage. Applicant, Mark Graff, was present to request approval of sign placement on the second story structure. Laralynn Jiles, Countrywide Home Loans, has an office on the second floor and requested Council approval. .Steve Goff, on behalf of Exit Realty, read a letter aloud requesting signage on the second story. Jim Purvis spoke in opposition of the request. Carlos Solis commented he was on the board to review the City's sign ordinance noting the intent is for the office building. He requested the board review the sign ordinance again and make a revision to the code. Judy Proli stated this will set a protocol for future signage and does not think it looks good and noted the signs could made smaller. Carlos Solis remarked the existing signs are smaller than what the City allows. Mayor Turville questioned what is allowed. City Manager Saunders replied they are authorized to have a directory on the outside and signs on the inside. Mayor Turville was not in favor of the way the signage looks. Council Member Mullins recommended establishing rules. Carlos Solis questioned how tenants could promote their business. Council Member Goodgame suggested tabling to allow staff sufficient time to develop a recommendation. at be 7 City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • Council Member Hogan moved to table to give them a chance to come back with something more defrnitive: seconded by Council Member Goodgame. Mayor Turville remarked there needs to be a revised code in place. City Manager Saunders replied that an introduction can be brought back in 60 days. Council Member Hogan airreed to amend the motion to table or 60 days; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Variance Request -Tuscany Village Curt Henschel, Planner, reviewed the requested variances for the intersection of Citrus Tower Blvd. (South L ke Connector) and Highway 27. The variances are: to allow for a grading cut and fill up to 40 feet, allow for 10 of retaining walls, allow for the absence of a landscape buffer along internal property lines and to allow less than 1 park ng space per 223 square feet. The proposed use of the property is a commercial village consisting of restaurants retail sa es, and professional office. In June 2005, the applicant acquired a Planned Unit Development and variances to develop he site. After obtaining these permits, the applicant was unable to start construction on the right of way which has dela ed the start of the overall development, and voided the variance which has a one year time limit. Now that the right of wa is under construction, the applicant is ready to move forward with the development and is requesting the very sa e variances that were approved in June 2005. Staff recommended approval of the variance requests. .Chris Roper, Akerman Senterfitt, was present on behalf of the applicant. The approved CUP tied the developn schedule to the County's road construction schedule and advised there is some construction on the site. He pointed the variance lasts one year and the CUP lasts two years and suggested the City consider matching the timeframes. Mayor opened the public hearing. Jim Purvis spoke in favor of the request. Wayne Thomas, on behalf of Celebration of Praise, spoke in favor of the variance requests. Council Member Goodgame agreed to the suggestion of having the Council consider tying the timeframes together variance and CUP. Council Member Goodgame moved acceptance of the variances for Tuscany Village; seconded by Council Member Mullins. The motion passed 3 to 2 with Mayor Turville and Council Member Renick opDOSin~ a City Manager Saunders reported on the next four items all being related to temporary Fire Station number 4. ity Manager Saunders reviewed a few minor changes to the lease agreement. The agreement will also have to be appro ed by their Board. Staff requested approval. Mayor Turville opened the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • Agreement Approval -Fire Station #4 Temporary Site Council Member Goodgame moved approval as amended: seconded by Council Member Mullins The motion passed with all members present voting "aye ". Temporary Structure Permit -Fire Station #4 City Manager Saunders advised they are proposing two temporary structures requiring Council approval. Council Member Mullins moved to grant the permit; seconded by Council Member Renick. The motion passed with all members present votin~aye ". Purchase Approval -Canopy for Temporary Fire Station #4 City Manager Saunders advised this is the purchase of the canopy to provide cover for the apparatus. The City recei~ bids with the lowest bid received at $10,428. Staff recommended approval of the lowest bid. Mr. Saunders pointed ~ there will be an additional cost to anticipate another $10,000 for site work on the slab and drive way and the work will done in house. Council Member Goodgame moved approval of the contract: seconded by Council Member Mullins. The motion passed with all members present voting"~ye ". ease Agreement -Dormitory for Fire Station #4 City Manager Saunders stated it is a lease for the dormitory to include delivery and set up. The City will be based on the percentage of the building EMS will be using. Council Member Goodgame moved approval of the lease with Williams Scotman's Company: seconded by Council Member Hogan. The motion passed with all members present votin~wye ". Ordinance No. 560-M Introduction Mayor Turville read Ordinance 560-M 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. be Council Member Mullins moved introduction of Ordinance 560-M,• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING July 11, 2006 • Ordinance No. 561-M Introduction Mayor Turville read Ordinance 561-M by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Council Member Mullins moved introduction of Ordinance 561-M.• seconded by Council Member Goodgame. The motion passed with all members present votin~aye ". Ordinance No. 562-M Introduction Mayor Turville read Ordinance 562-M by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to allowable uses in Undeveloped District 5 (Verde Ridge, Mirror Lake & the area north of Hunt Trace Blvdlsoutheast of Oakley Seaver Dr) and corresponding map changes; adopting text changes to Undeveloped District 6 (Hancock Commons & Hancock 15) and corresponding map changes; adopting map changes to Undeveloped District 7 (Southern Pines, Southern Fields Phase 2 & Hartwood Reserve); adopting text changes to the Goals, Objectives and Policies of the Future Land Use, Conservation, and Recreation and open space elements of the Comprehensive Plan (attachment H); setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Council Member Mullins moved introduction of Ordinance 562-M.• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments the meeting was adjourned at 11:13pm. APPROVE ,C / e„~.. { ;, ~ ~, ,AT~'1EST: ~'r,, ~= ~ ~- ,. Tracy Ackroyd, City Clerk `~ ` 10 Harold S. Turville, Jr., Mayor