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12-12-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 The Clermont City Council met in a regular meeting on Tuesday, December 12, 2006 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of November 14, 2006 Council Member Berlinsky noted his name was not listed as being in attendance. Mayor Turville remarked the minutes reflect he was sworn in at that meeting. Council Member Goodgame moved to approve the minutes of November 14 as amended to include Berlinsky in attendance; seconded by Council Member Mullins. The motion passed with all members present voting "ate PROCLAMATION Mayor Turville read the proclamation aloud declaring January 4, 2007 to be Joe Janusiak Day and presented Mr. Janusiak with a framed proclamation. City Manager Saunders stated the reception honoring Joe Janusiak is starting now at Jenkins. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, commended the City for the Light Up Clermont festivities and Greg Homan for the Citrus Tower fireworks display. He recommended the City send a letter of appreciation for a spectacular evening. Bob Bowman, 723 W. Montrose Street, expressed gratitude for the Light Up Clermont event. Greg Homan, owner of Citrus Tower, thanked the City for providing support for the Citrus Tower celebration. He suggested the City consider having the show annually at Waterfront Park which could be done with sponsorships and the community would enjoy it. Also, Mr. Homan offered to help. Mayor Turville commented the City was impressed with the show and will consider prior to budget and would appreciate his help. He also noted traffic was not a problem afterwards. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Council Member Goodgame remarked on Habitat for Humanity dedicating its 100"' house in Lake County on Saturday. Council Member Hogan commented on the remarkable appearance throughout the City and commended the Light Up Clermont ceremony. Council Member Berlinsky stated that Clermont can support multiple events with having the Citrus Tower celebration and Light Up Clermont the same weekend. He further noted he met with City Attorney Mantzaris regarding a proposed Conduct of Ethics standard for employees, council and appointees. It will be ready to present to Council at a workshop in a month or two. Council Member Mullins commended Public Services for set up and clean-up before and after the event. The Lake County League of Cities voted to support the Florida League of Cities Legislative Agenda this year. Lake County placed an additional request to the Legislature related to state wide water use; they are concerned with the coastal communities devouring the water, leaving the central communities dry. Mayor Turville extended appreciation to staff and Mr. Saunders for the weekend events. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration is the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Surplus Equipment Item No. 2 -Agreement Approval Item No. 3 -Agreement Renewal Item No. 4-Agreement Approval Public Services Department Request approval to surplus Public Services Equipment Interlocal Agreement with Lake County accepting Infrastructure Sales Tax Funds for Community Recreation Projects Request to renew maintenance contact for City Hall Elevator - Kone Elevators Administrative Services requested approval of the Collective Bargaining Agreement with the International Union of Police Associations - AFL-CIO Council Member Goodgame moved to approve the consent agenda as written• seconded by Council Member Mullins. The motion passed with all members present voting "aye„ Mayor Turville noted Resolution 1501 has been postponed to the January 23, 2007 meeting. Council Member Goodgame moved to postpone Resolution 1501 to January 23 seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville advised the Clonts Groves, Inc. JPA review agenda item has been withdrawn by the applicant and will not be heard at this meeting. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 UNFINISHED BUSINESS Resolution 1503 -Hills of Clermont Mayor Turville read Resolution 1503 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. 1241 to change the allowable use of a parcel from Residential to Professional Office/Commercial. Council Member Berlinsky noted a typo on the Planning & Zoning meeting minutes. Curt Henschel, Planner, provided the staff report of the request. The applicant intends to amend the existing Planned Unit Development (PUD) to allow for professional office and commercial use in a location currently zoned for residential by the existing PUD. In July 2006, the parcel received an approved future land use designation of commercial. This would allow the professional office and commercial uses the applicant is requesting. An agreement with the residential subdivision to the south, the Hills of Clermont, is to be incorporated into the CUP/PUD document. Staff recommended approval to allow for professional office/commercial use to this 15.5 acre parcel. The applicant, Bernard Woody, 11740 Osprey Point Blvd., was present. He met with City staff and is satisfied with the request. The Homeowners Association was represented as well. Mayor Turville opened public hearing. There were no comments. Mayor Turville closed public hearing. Council Member Goodgame moved approval of Resolution 1503; seconded by Council Member Berlinsky. The motion passed with all members present votin,~aye ". Variance Request -Bella Lago Curt Henschel, Planner, provided the staff report on the applicant's variance request to remove the public sidewalk requirement along U.S. 27 with the development of the Bella Lago Subdivision located two miles south of S.R. 50. Staff supports the variance request because of the extensive grading that would be required and that the sidewalk will be installed with the widening project of U.S. 27. Joel Martin, Schmidt Construction, was present and in agreement with staffs recommendations. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, suggested requiring the developer to place money in escrow for the sidewalk. Mayor Turville closed the public hearing. Mayor Turville questioned granting this variance, if it's not necessary, and asked to have a posted bond or language within the document to ensure the understanding that the sidewalk is required. City Attorney Mantzaris replied that a performance bond or sidewalk bond could be required if the Department of Transportation fails to perform. A variance can be granted with a condition to post a bond. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 City Manager Saunders noted the City has required bonds in the past or multiple letters of credit or deposits made in escrow to ensure the money is there to build it. The applicant did not have a problem with the suggestion. Council Member Goodgame recommended placing provisions in the contract for money to be deposited into the City to put in City sidewalks. He requested tabling this item to the January 23 meeting. City Manager Saunders advised that tabling the item to the January 23 meeting would allow staff enough time to establish a fund for a sidewalk and a mechanism to calculate cost. Mayor Turville supported the idea. City Attorney Mantzaris recommended the City create a master sidewalk plan to ensure funds are administered properly. City Manager Saunders stated the City Council approves a sidewalk plan for infill projects each year and this money would be placed into a dedicated fund. Council Member Goodgame moved to table the variance request to January 23: seconded b~ Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance 351-C Final Hearing Mayor Turville read Ordinance 351-C aloud by title only. An Ordinance of the City of Clermont relating to taxation amending Chapter 58 "Taxation", Article IV "Occupational License Tax" of the City Code to remove all references to "Occupational License Tax" and replace it with "Local Business Tax"; providing for the issuance of a receipt in lieu of a license; deleting Section 58-126, "Revocation of License" providing for codification, severability, conflict, and an effective date. City Manager Saunders remarked this ordinance is in conformance with a House Bill approved by the State Legislature regarding Occupational Licenses. City Clerk Ackroyd noted the "Occupational License" term would be changed to "Local Business Tax". Mayor Turville opened public hearing. There were no comments. Mayor Turville closed public hearing. Council Member Goodgame moved acceptance of Ordinance 351C• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members_present voting "aye ". Ordinance 548-M Final Hearing Mayor Turville read Ordinance 548-M aloud by title only. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 An Ordinance of the City of Clermont, Florida amending the City of Clermont Operating/Capital Funds Investment Policy, Article XII, "Authorized Investments and Portfolio Compositions"; repealing all Ordinance or parts of Ordinances in conflict with this Ordinance to the extent of such conflict; providing for severability, and providing for an effective date. City Manager Saunders advised that Council has adopted an investment policy and periodically makes changes to it based on recommendations from the City's Financial Advisor. Administrative Services Director Van Zile stated the primary change is to allow Corporate Note Securities as permitted investments. Public Financial Management recommended the revision to further diversify the City's investment portfolio and to increase the overall yield. City Manager Saunders commented the overall policy has been conservative over the years. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Ordinance 548M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". NEW BUSINESS Event Request -Sommer Sports Mr. Sommer requested approval of 3 events which is a reduction in the number of events from previous years. There are 2 firm dates set which are for the weekend of April 14 and 15 and October 20. There will be a potential third event in the summer with no date set yet. In the past, he has hired an officer to interact with Sommer Sports and the Police Officers and requested the City cover the expense of that officer assistance as well as maintenance of the park during the event. He will return to Council in late spring regarding the Great Floridian. City Manager Saunders suggested Council approve the 2 event dates and allow staff to work with Mr. Sommer on the third event to not have to return to Council. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame commented on complaints received from Orange Street residents because of not being able to get to their homes. He suggested finding a way for police staff to recognize vehicles. Council Member Goodgame moved to approve the event request from Sommer Sports for 2_ firm dates and one to be a reed upon date • seconded by Council Member Mullins Mayor Turville clarified staff will handle without further review by Council The motion passed with all members present voting "ave ". Variance Request -South Lake Hospital City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Curt Henschel, Planner, provided a summary of the variance request from South Lake Hospital. IT is for an overall building height of 110 feet to accommodate six floors for additional acute care beds in the proposed new hospital building. It will be located east and south of the existing hospital. A site plan, building, and elevations will be required to meet all Clermont codes. Staff recommended approval. John Moore was present and available for questions. Mayor Turville opened public hearing. There were no comments. Mayor Turville closed public hearing. Mayor Turville inquired about the Fire Department being able to fight a fire from that height. City Manager Saunders was confident the building height would not be a problem. Council Member Goodgame moved approval of the variance for South Lake Hospital; second by Council Member Mullins. The motion passed with all present voting "aye ". Resolution 1507 -South Lake Animal Clinic Mayor Turville read Resolution 1507 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for the expansion of the existing veterinary clinic. Curt Henschel, Planner, reported on the request from South Lake Animal Clinic. The applicant requested a Conditional Use Permit (CUP) to expand an existing veterinary clinic in a C-2 General Commercial zoning district. The applicant previously obtained a CUP in May 2003 but failed to start construction rendering the permit void. Also, the applicant applied for the same permit in May 2006, but failed to sign and return within the required 90 days. The applicant is now requesting the same CUP that was previously granted and is ready to construct the addition. The expansion will consist of a 1,348 square foot addition that will be connected to the existing building. The existing veterinary building totals 2,052 square feet. The total proposed building is 3,400 square feet. Parking will be reconfigured and enlarged to accommodate the additional square footage. Staff recommended approval of the CUP request. The applicant was present, Ernesto Gonzalez. Mayor Turville opened public hearing. There were no comments. Mayor Turville closed public hearing. Council Member Mullins moved to accept Resolution 1507• seconded by Council Member Goodgame. The motion passed with all members present voting "aye " Mayor Turville advised the next two (2) items would be heard concurrently. Resolution 1508 -Real Life Christian Church Mayor Turville read Resolution 1508 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for the construction of a church facility in UE zoning. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Variance Request -Real Life Christian Church Curt Henschel, Planner, reviewed the requests from Real Life Christian Church to establish a church facility within the Urban Estate zoning district. The church owns approximately 20 acres off of the unimproved portion of Steve's Road. The Real Life Christian Church has already provided approximately 1.5 acres of the re-alignment of Steve's Road and will build a portion of the right of way from the east to access their facility. The church proposes several phases, the first being a sanctuary/mufti-purpose building with approximately 38,000 square feet. The second phase will consist of a school facility. The school will be approximately 34,000 square feet and will provide education from Kindergarten through 12`h grade. The third phase will consist of the main sanctuary with 39,000 square feet. Staff recommended approval of the CUP request to allow construction of a church and school facility in the Urban Estate zoning district. Mr. Henschel described the three (3) requested variances which include (1) a grass parking area rather than paved parking area, (2) removal of the public sidewalk requirement and (3) to allow the landscape buffer to be sloped rather than the entire landscape buffer being level. Staff was not opposed to any of the variance requests. The applicant, Jeff Scott, Project Coordinator for Real Life Christian Church, was present. Mr. Scott requested to amend the school square footage to 40,000. Staff acknowledged the change would not affect the recommendation. Council Member Mullins questioned whether the sidewalk request is similar to Bella Lago in that the City should consider asking for sidewalk dedicated funds. Kathy Hillary noted a discussion at the Planning and Zoning Commission meeting regarding Epic Theater having restaurants serving alcohol in which the church did not have an issue with it. The Executive Pastor of Real Life Christian Church stated the church did not have a problem with it. City Attorney Mantzaris noted it does not matter what the church agrees to as it will still have to be reviewed. City Manager Saunders advised it has not been measured yet. The ordinance reads it is from front door to front door; it may not even come into affect. Also, for clarification he recommended adding language to the Resolution on page 4 item 3 to read `and completed prior to any Certificate of Occupancy'. The Council discussed including language similar to that noted for the Bella Lago property. Mayor Turville noted the intent is to ensure a sidewalk will be constructed. He suggested a condition providing assurance that a sidewalk will be in place and the church understands if the County fails to perform, the church will put the sidewalk in. City Manager Saunders advised Council the document already states the permittee shall put in a sidewalk. Council Member Goodgame moved approval of Resolution 1508 with amending section 3 item 3 by adding the wording -completing with certificate of occupancy • seconded by Council Member Mullins. The motion passed with all members present voting "aye " 7 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Council Member Mullins moved to approve variance request 1 and 3 • seconded by Council Member Goodgame The motion~assed with all members present voting "aye ". Council Member Mullins moved to deny variance 2 • seconded by Council Member Good ame The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 8:35pm; the meeting reconvened at 8:48pm. Mayor Turville advised the next two (2) items would be heard together. Resolution 1505 - I-4 Howland Investments Mayor Turville read Resolution 1505 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a Planned Unit Development consisting of a retail shopping center and a sixteen screen movie theater. Variance Request - I-4 Howland Investments Curt Henschel, Planner, reviewed staffs report for the Conditional Use Permit and the variance requests for the Clermont Landing/EPIC Theaters project. The request is to allow a mixed use Planned Unit Development (PUD) including six out parcels for restaurants. A total of 342,000 square feet is proposed, and with the six out-parcels shall not exceed 400,000 square feet. The commercial area to be developed is approximately 61 acres. The four (4) variances requested include: grading variance up to 18 feet of fill and up to 28 feet of cut, parking space reduction of 338 spaces, additional signage for movie poster display and allow fora 105,000 square foot building. Staff recommended approval of the CUP and was not opposed to any of the four (4) variance requests. Mr. Woodson, law firm representing applicant, was present. He requested Council approval of the CUP along with the variances and noted the project is below DRI thresholds. Mayor Turville opened the public hearing. Jane West spoke on behalf of Clermont Area Residents for Reasonable Development. She opposed the requests and suggested denial. She stated the use is not consistent with the CUP request and voiced concern for reducing the number of parking spaces. Furthermore, Ms. West noted this should be considered a Development of Regional Impact (DRI). Traffic Engineer, Jason, also spoke on behalf of the group. He mentioned the Department of Community Affairs raised concerns with details of transportation with the proposed site in October. Jim Purvis, 4206 Hammersmith Drive, questioned the planning of the project. Jeff Scott, Real Life Christian Church, will be neighbors to the east and felt this development would be an asset and is in favor of the project. Kathy Hillary addressed comments regarding DRI. She is the property owner on the south side of Steve's Road which is a major road to be a paved 4 lane road to relieve traffic from Hwy. 27. DRI means common ownership and there is no common infrastructure pulling together the south and north. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Scott Kauffman, 1994 Brantley Circle, spoke in favor of the project. Mr. Woodson also replied to the issue. He advised the traffic analysis was done as part of the Comprehensive. Plan amendment. The traffic analysis was reviewed by DCA and DOT and City staff; comments were made and the report was revised. A condition was placed limiting development to .16 FAR. The traffic analysis concerns with DOT and DCA was that the analysis required a full build out. The City willingly offered to reduce the density by 7/8 addressing the traffic issue which limits FAR on site to .16. There is no common ownership on the north and south parcel. The 6out-parcels not shown last March 2005 is requested because of not having residential use. He requested approval of the project and variances. Council Member Berlinsky suggested the shopping area consider a skate park at some point and questioned the name of the group represented by Ms. West. Ms. West identified the group name as Clermont Area Residents for Municipal Development which was formed 7 months ago comprised of individuals living in the City or the surrounding areas. There are approximately 200 members who do not pay dues. Mayor Turville questioned Mr. Woodson on JC Penney's intent and the theater financing. TMI Representative Frank DeMarsh acknowledged that JC Penney has a letter of intent and is expected to give a firm approval within a month. Furthermore, TMI intends to develop it themselves. Mayor Turville noted the Council has approved 2 theaters that were never built since 1998. Mr. DeMarsh stated they own the property and fully intend to build the project. They are working with the County and FDOT has signed off on the project. City Attorney Mantzaris advised if anything about the project causes the DRI to be triggered, then they must go through the process. Council Member Mullins stated this is a better project than looked at before plus has the potential to decrease traffic. Council Member Mullins moved adoption of Resolution 1505; seconded by Council Member Berlinsky The motion passed with all members present voting "aye ". Council Member Mullins moved to grant all 4 variances• seconded by Council Member Goodgame. The motion amassed with all members present voting "aye ". Resolution 1506 Mayor Turville read Resolution 1506 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, expressing the City's intention to be reimbursed from the proceeds of tax-exempt obligations for certain capital expenditures to be paid by the City prior to the issuance of such tax-exempt obligations; and providing an effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Administrative Services Director Van Zile said there are seven (7) garbage trucks approved to be purchased and in the process of receiving. This Resolution would allow the Sanitation Fund to be reimbursed for the purchase if a financial analysis determined long term financing is the best option. This will provide the City with more flexibility. Mayor Turville opened public hearing. There were no comments. Mayor Turville closed public hearing. Mayor Turville mentioned these trucks will allow the City to collect on this side of Hwy. 27. Council Member Goodgame recommended collector pans to prevent hydraulic leaks on the pavement. Council Member Goodgame moved approval of Resolution 1506• seconded by Council Member Mullins. The motion passed with all members_present voting "aye " JPA Review -Clouts Groves Inc. -applicant requested this item be withdrawn. Assistant City Manager Gray advised a 30 day postponement was asked from Lake County. JPA Review -Victor Majewski Assistant City Manager Gray gave a brief summary of the JPA process. This is a rezoning request for 9.06 acres from Urban Residential District (R-6) to Community Facility District (CFD). This is to allow for an assisted living and independent living facility and associated uses. The applicant requested a building height of 41 and City code allows 35; staff did not object to the additional height. The County will hear the request on December 19. Ms. Bonifay, Esq., Akerman Senterfitt, was present on behalf of the developer and manager of the project. Before submitting to Lake County, it was reviewed with City staff to review additional elevations because it is indicated the slight will slope; it will be higher than normal. The access is off of Paloma Drive and the south side of Hooks Street. It has less impact with no commercial uses and no impact on schools. Ms. Bonifay requested a favorable recommendation to send to Lake County. Council Member Goodgame inquired how to tie City impact fees into this building. City Manager Saunders advised it is developing into the County unless contiguous prior to development. There has been discussion on a condition added that when annexation occurs, they will pay fire and police impact fees. It would be addressed at the time the Utility Agreement is brought before Council. Mayor Turville complimented the elevations and asked for reassurances. City Manager Saunders advised it can be an issue in the water and sewer agreement that they have to meet architectural codes. Dennis Creedy remarked it does not resemble an institutional facility or a nursing home. Council Member Goodgame moved acceptance of the JPA Review to send a letter showing at~proval to the County • seconded by Council Member Mullins The motion passed with all members present voting "aye „ 10 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2006 Council Appointment Council Member Mullins reported the Firefighter Pension Board reviewed applications. Frank Maglione is their top qualified choice. Council Member Mullins recommended appointment of Frank Maglione; seconded by Council Member Goodgame The motio~assed with all members present voting "ave ". Jack Hogan recommended the City purchase a sponsorship table from the Boy Scouts event in which all cities are participating; they will be honoring Ray Goodgame. Council Member Hogan moved to anDrove a $1 000 goal level table' seconded by Council Member Berlinsk~ The motion passed with all members present voting "ave ". The City Council has customarily canceled the second Council Meeting of December which will be the date of December 26 for this year. Council Member Mullins moved to not hold the meetin~of December 26; seconded by Council Member Goodgame Mayor Turville noted if there is pressing business, the Council will meet Council Member Mullins amended his motion to include the language as stated by Mayor Turyille The motion amassed with all members present voting "ave ". City Manager Saunders commented on the Collective Bargaining agreement with the police officers approved earlier tonight. Staff discovered officers would receive retro pay because the contract ended in 2005. There were officers not given the additional retro pay due to language in the collective bargaining agreement for retro pay to be for officers currently covered under the agreement. Staff discovered three (3) officers recently promoted and are no longer covered by the union. Staff believes it would be correct to also include them in the retro pay and requires Council approval. Council Member Goodgame so moved• seconded by Council Member Hogan. The motion passed with all members present voting "ave ". Commissioner Elaine Renick was present. She reported on attending Minneola's meeting tonight as the Commissioner representing District 2 since Hills of Minneola was on the agenda. ADJOURN: With no further comments, this meeting was adjourned at 10:24pm. 1 ~ ~ PAP . ~,; ~ ATTES`T ~ .. r . ,~~ racy oy ,'Cit Clerk APPROVED: Harold S. Turville, Mayor 11 ~~ TO: Wayne Saunders, City Manager FROM: Preston Davis, Public Services Director DATE: November 22, 2006 SUBJECT: Surplus Listed Lodal's for Auction City Number: 4222 YearlBrand: 1990 LODAL Serial Number: 1L9AFSSB2LK006282 City Number: 4216 YearlBrand: 1997 LODAL Serial Number: 1 L9AF51 B3UK006105