01-23-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 The Clermont City Council met in a regular meeting on Tuesday, January 23, 2007 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. PUBLIC COMMENTS Robert Bowman, 341 Montrose Street, presented the first issue of Focus Magazine which is available to everyone and commented on the Downtown Partnership's new website which is www Clermontdowntownpartnership.com He announced the new President is Jim Shira and invited businesses to be active in the Downtown Partnership. Susie Gibson, 12310 Sunshine Drive, requested the elected officials attend the ribbon cutting at the Park n Ride on Hwy. 27 at 7:15am on January 29 for Lynx bus service. Susie noted the rider-ship needs to increase or may not receive the next grant. She also noted the Clermont Women's Club is on the historic register and advised on problems with the lights and requested an electrician check it out. Mr. Robinson, Elite Car Wash Manager, requested a rebate on impact fees. Mayor Turville instructed staff to review for recommendation and place on a Council agenda for consideration. Gail Ash, 3912 Payton Court, commented on disparaging remarks made about her in opposition to being appointed to the Planning & Zoning Commission. Bill Banzhaf, 931 W. Montrose, expressed enthusiasm with changes to the Downtown Partnership. Mayor Turville asked City Manager Saunders if there are homeowners interested in national registry classification. City Manager Saunders replied he could look into the types of opportunities available in establishing a historic district instead of individual homes. REPORTS City Manager Saunders scheduled a workshop on Thursday, February 1 at 6:OOpm to meet with CT Hsu regarding the Community Center. Also, Council scheduled a retreat to discuss long range issues on Monday, February 19 at 9:OOam in the Council Chambers. Mr. Saunders met with Jim Stivender providing an update on road projects in south Lake County. City Attorney Mantzaris - No report Council Member Hogan - No report City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 Council Member Goodgame also reported on several road projects including the traffic light at Hancock Road and Johns Lake Road to be operational by August 2007. Also, the City will begin collecting garbage on the east side of the City on February 5. Council Member Mullins commented on the Myregion.org "How shall we grow" program. Council Member Berlinsky - No report CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1-Plat Approval -Hancock Town Centre Plat approval of Hancock Town Centre, a commercial development located south of Hwy 50 at the NE intersection of Hooks Street and Hancock Road Item No. 2 -Memorandum of Understanding Approval of a MOU between the City and the Florida League of Cities Technology Services Division to assist with the selection process for the IT Supervisor position Item No. 3 -Plan Approval Tuition Assistance Approval of the Tuition Assistance Plan for Paramedic and Firefighters Training 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 Resolution No. 1501-Hancock East Mayor Turville read Resolution 1501 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 BUSINESS CENTER DEVELOPMENT WITH PROFESSIONAL OFFICE AND COMMERCIAL WITH MORE THAN 20,000 SQUARE FEET AND SHARED PARKING. Jim Hitt, Planning Director, reported on the request for a conditional use permit to allow for a business center development with Professional Office and Commercial with more than 20,000 square feet and shared parking. The development is located east of Hancock Road, south of S.R. 50 and north of Hooks Street right of way. The proposed development will consist of 9.86 acres with individual office and commercial buildings surrounded by one common parking area. The uses will be compatible with the C- 2zoning district, and as outlined in the development agreement between Hancock Fifteen, LLC and the Hills of Clermont Homeowners Association. The project is being requested to be phased and construction of Hooks Street is completed as follows: City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 200? • Hooks Street shall be constructed from Hancock Road to the east boundary of Phase 1 before any certificates of occupancy are issued for Phase 1. • Hooks Street shall be constructed from the east boundary of Phase 1 to the east boundary of Phase 2 before any certificates of occupancy are issued for Phase 2. The area surrounding the property has continued to undergo changes with the development of commercial and office uses south of Highway 50, as well as continued population growth in the south Lake County area. The property meets the Land Use criteria for commercial development, and the proposed use is compatible with the surrounding uses. Staff recommended approval. The applicant, Rick McCoy, 713 W. Montrose, was present and available for questions. He noted the layout had been modified. The developers were also present. Mayor Turville opened the public hearing; there were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned what part of Hooks Street are they responsible for building. City Manager Saunders stated to construct from Hancock Road to the eastern part of Phase 1 before receiving the certificate of occupancy on Phase 1 and then construct the next piece before obtaining the certificate of occupancy on Phase 2. Mayor Turville commented on needing a portion of roadway to access the property. City Manager Saunders advised the first piece of the road will be built when doing Phase 1 and then when they move into Phase 2, the second road will be built unless the County decides to do it all at once. The cost of building the road will probably exceed building impact credits. Furthermore, he thought this was a good alternative to have the first piece built as constructing the first phase. Council Member Goodgame noted he would raise this issue at the next MPO meeting. Council Member Mullins moved adoption of Resolution 1501; seconded by Council Member Goodgame. The motion passed with all members present voting, "aye". Mayor Turville noted Resolution No. 1513 has been requested to be postponed until the February 27 Council meeting. The notice to the surrounding property owners did not have the correct date for the Planning and Zoning Commission meeting last month. Council Member Mullins moved to table Resolution 1513 to February 27; seconded by Council Member Berlinsky. The motion passed with all members present voting, "awe". Variance Request -Bella Lago Curt Henschel, Planner, provided information on the variance request to eliminate the requirement for a sidewalk along US 27, south of Citrus Tower Blvd and North of Kings Blvd. This request was tabled at the December 12 meeting with a suggestion to establish a mechanism for developers to contribute to a sidewalk fund when required sidewalks are eliminated for various reasons. A separate account can be established to track sidewalk fund contributions. The City Council approves a list of sidewalk projects on an annual basis that can be funded in part by these contributions. Our Engineering Department has City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 recommended a fee of $2.85 per sq. ft. with a 20% contingency. The fee for Bella Lago would be $23,940. Recommendation is for approval with a contribution to the Sidewalk Fund of $23,940. The applicant was present, Joel Martin from Schmid Construction. He advised of having a figure of $12,267 to construct the sidewalk. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville stated if they can do it for less, the Council may want to consider denying the variance. Council Member Goodgame moved denial of the request and let the contractor o with their plan; seconded by Council Member Hogan• Under discussion, Council Member Mullins questioned what we would receive for denying the request. Mayor Turville replied the City would have a sidewalk for 4 to 5 years. Mr. Martin advised the sidewalk would not connect to anything for quite sometime. The motion passed 4 to 1 with Council Member Mullins opposing Mayor Turville noted the next two items would be heard concurrently. Ordinance No. 57l -M Final Hearing Mayor Turville read Ordinance 571-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 SEVERABILTTY; AND PROVIDING FOR PUBLICATION. Ordinance 572-M Final Hearing Mayor Turville read Ordinance 572-M aloud 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. Barbara Hollerand, Planner, reported on the annexation and rezoning of a .86 acre parcel located at 10740 US Hwy. 27. The property is an enclave, surrounded by Kings Ridge on the north, south, and east and from Legends, across U.S. 27, to its west. The property has C-1 zoning in the County and is requesting a City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 rezoning to C-1 in the City. The Lake County future land use of Urban Expansion is sufficient to develop the parcel as a commercial property. However, as with all annexations, the owner will be required to apply for a comprehensive plan amendment during the City's next amendment cycle. The property is within the City's Joint Planning Area and is contiguous to the City on all sides. Annexations of enclaves are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Staff recommended approval of the annexation and rezoning. The applicant was not present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of Ordinance 571-M; seconded by Council Member Mullins. The motion passed on a roll call vote 5 to 0 with all members present voting "aye". Council Member Mullins moved approval of Ordinance 572-M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting_"aye". Utility Agreement -Lake County School Board Darren Gray, Assistant City Manager, reported on the request to amend the water and sewer agreement approved on November 14, 2006. The project is a proposed middle school. This was postponed from the last meeting due to questions regarding school building height. The project has to be developed to the Joint Planning Area Land Development Regulations. He reviewed the proposed amendments. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The project will therefore be developed pursuant to the utilities service agreement. The applicant, Sean, project manager, was present. He brought a design model and renderings of the project. He spoke about the background on the design concept to work with the topography of the site. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, questioned the location of the air conditioning equipment. Bill Banzhaf, 932 W. Montrose, complimented this project and requested approval. Cindy Barrow, Lake County School Board Member District 3, commented they have worked hard on the design with a lot of consideration of the hills and requested moving forward. The applicant stated the air conditioning equipment is eliminated from view in an enclosed brick room. Coqui Whitehead, 837 Soh Street, commended the topography being taken into consideration. Mayor Turville closed the public hearing. Council Member Goodgame questioned the entrance to the school not having a left turn lane. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 Jay Klima, Civil Engineer for project, advised of not having a need for a left turn lane due to preferring to have buses come in from the north. There will be turn lanes at the main entrance. The only parking on the west side is for faculty and buses. Council Member Goodgame asked Mrs. Barrow to encourage a left turn lane. Jerry Barker, Director of Facilities and Design, noted he and the Transportation Director discussed having the buses routed a specific way to not need a left turn lane. The goal is to have the school open in 2008. Council Member Goodgame moved acceptance of the agreement with Lake County School Board• seconded by Council Member Hogan. The motion passed with all members present voting "aye". Mayor Turville noted the next two items would be heard together. Resotution No. 1509 -Home Depot Mayor Turville read Resolution 1509 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 RETAIL STORE OVER 20,000 SQUARE FEET. NEW BUSINESS Variance Request -Home Depot Jim Hitt, Planning Director, reported on the request for a Conditional Use Permit to allow for a retail store over 20,000 square feet. The development consists of a Home Depot home improvement store consisting of 129,748 square foot building. The site is approximately 9.95 acres and is within the Clermont Town Center, which is located on the northeast corner of State Road 50 and Oakley Seaver Drive. The site is fully developed and was part of the Conditional Use Permit which was approved by Resolution 1128 and amended by Resolution 1235 and 1239. These permits contained variances for the building square feet, and a reduction in parking from 649 down to 645 for the overall site. All other conditions and variances, per these conditional use permits remain in effect for the overall Clermont Town Center Site. The two proposed variances are parking space reduction of 17 spaces to be used for outside delivery and storage and a ten (10) foot high screen wall for outside storage in the rear of the building. Staff recommended approval of both variances and the Conditional Use Permit provided the conditions are met. Mr. Hitt reviewed the conditions. The Planning and Zoning Commission recommended approval. He also noted there is an active code enforcement case with Home Depot. Jimmy Crawford, Attorney with Gray Robinson, was present to represent Home Depot. He advised he has worked with staff for a year on these provisions and mirrored the Conditional Use Permit as Lowe's and is in agreement with staff's recommendations. Mayor Turville opened the public hearing. Bill Banzhalf, 931 W. Montrose Street, spoke in favor of Home Depot's request. 6 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 Terry, Oak Park Assisted Living Activities Director, 650 E. Minnehaha, spoke in favor of Home Depot being a valuable part of the community. They have done projects free of charge for their residents. Jim Purvis, 4206 Hammersmith Drive, spoke on behalf of the Code Enforcement Board indicating the board has been ignored when Home Depot was found in violation of their Conditional Use Permit (CUP). The fine is excess of $100,000 at $250 per day. Mr. Purvis referred to their CUP as a Consumptive Use Permit and clarified he meant to say a Conditional Use Permit. Dave Outlaw, 3830 Fallscrest, questioned the reduction in parking spaces. Jimmy Crawford addressed the only issue of non compliance is the tool rental area. In August 2004, Home Depot hired a contractor, pulled a permit and received a certificate of occupancy. The City did not comment on the tool rental building. Therefore, Home Depot did not willfully violate the code and indicated this is more appropriate for a Code Enforcement Board hearing. Mayor Turville questioned propane tanks allowed in the original Conditional Use Permit. Mr. Crawford advised it has been labeled as a storage area and has not been a subject of the Code Enforcement Board. Furthermore, he suggested landscaping up front. Angel Aponte, Store Manager of Clermont Home Depot, explained the operations of the new exchange program for gas propane grills. Council Member Goodgame commented the new system is an improvement to the old system. Mr.. Aponte remarked they have not been without propane gas since converting to this system which is linked to Amerigas. It was put into place in October 2006. Council Member Mullins suggested a planter instead of a concrete wall to hide the carts. Mr. Crawford concurred with the suggestion. Council Member Berlinsky declared an ex parte communication with Jim Purvis. He questioned Mr. Purvis on the board taking a position on this issue. Jim Purvis stated the case has been brought up due to the Code Enforcement Officer providing the board with a report on the progress of cases coming into compliance. The report showed this was an open issue with the fine increasing. He clarified his statement on behalf of the board is to impress they still stand behind the decision. Council Member Berlinsky stated he was advised by City Attorney Mantzaris that Council should disregard the issue of non compliance and the ongoing fine. City Attorney Mantzaris clarified that when referring to the Conditional Use Permit application, it should stand on its own merit based on information provided. There is not anything that will change the current status of the code enforcement lien. Council Member Goodgame showed photos he had taken of Home Depot in July 2006 and commented on items stored outside of the building. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 Mr. Crawford noted the items have been removed in the last 90 days and remarked on a letter received from the City Attorney. Jack Hogan questioned what will happen to the code lien if the Condition Use Permit is approved. City Attorney Mantzaris stated, if approved, it will bring the code lien into compliance and the fine will stop running and the lien will exist. Mr. Crawford remarked they have been dealing in good faith since December last year and in compliance for more than a month except for rear storage. Mayor Turville voiced concern with unsupervised activity around the gas bottles and suggested moving the gas tank storage to another location. Angel Aponte explained the gas storage has to be hooked up to a computer line into the building and there is not another way to safely run conduit other than its current location. This is a new display format. Mr. Crawford noted it is similar to a vending machine and they are protected by a no parking area. Council Member Berlinsky recommended planters; Mr. Crawford agreed. Mayor Turville questioned whether Home Depot would perform better with this Conditional Use Permit. Mr. Crawford acknowledged this is a better Conditional Use Permit to comply with. Council Member Goodgame requested a gate be placed to prevent people from driving in the rear left hand storage area. City Manager Saunders remarked on a cross access agreement allowing traffic to move back and forth through the area which is typical with these types of stores. Mr. Crawford suggested signage or temporary gates utilized when loading and unloading. City Manager Saunders clarified two lanes allows traffic between the building and storage. Council Member Goodgame questioned whether the tool rental facility is a code violation after tonight. City Manager Saunders stated the Conditional Use Permit requires they replace it with decorative fencing. City Attorney Mantzaris advised it continues to be a violation until they comply therefore $250 per day will continue until they comply. Council Member Mullins moved adoption of Resolution 1509 to include planters in front of thetas tank storage area and a front wall for carts under General Conditions; seconded by Council Member Goodgame. The motions passed all members present voting "aye". Council Member Mullins moved to grant the variances; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". 8 City of Clermont MINUTES REGULAR COUNCIL MEETING 3ANUARY 23, 2007 Resolution No. I SI2 -Carpenter Mayor Turville read Resolution 1512 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 ARETAIL/PROFESSIONAL OFFICE BUILDING TO BE LARGER THAN 3,000 SQUARE FEET. Curt Henschel reported on the request for a Conditional Use Permit for aretail/professional office building to be larger than 3,000 square feet. The applicant intends to establish a new professional office and retail building located on a vacant parcel on Montrose Street. Per city code, a building that exceeds 3,000 square feet and is constructed within the Central Business District is required to obtain a conditional use permit. The development plan consists of a two (2) story building with approximately 7,400 square feet to be used for office and retail use. Parking will be constructed to the rear of the building and will accommodate the required number of parking spaces. Staff recommended approval. Sandy Carpenter, owner/applicant, was present and available for questions. Mayor Turville opened the public hearing. Hope Lamb, 519 Mar Nan Mar, noted Mr. Carpenter had the historic home that was on the property relocated. She spoke in favor of the request. Robert Bowman spoke in favor of the request. Susie Gibson also supported the request. Mayor Turville closed the public hearing. Council Member Mullins encouraged having three (3) retail stores on the street level. Council Member Good~ame moved approval of Resolution 1512• seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". Ordinance No. 573-M Introduction Mayor Turville read Ordinance 573-M aloud by title only. AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO COMMERCIAL CARTAGE, INC. PROVIDING FOR THE TERM OF FRANCHISE AND FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT. Council Member Mullins moved introduction of Ordinance 573-M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". 9 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 Council/Mayoral Appointment City Manager Saunders briefed Council on the appointments to various boards. Council Member Berlinsky reported a telephone conversation with Jim Purvis in which disparaging comments were made about particular citizens requesting appointments to City boards. Mr. Berlinsky expressed concern with Mr. Purvis disclosing information to Council Members. Council Member Goodgame noted he met with Mr. Purvis and talked about Bella Lago. Council Member Hogan clarified he talked to others to find out more information about those applying for the various boards. Jim Purvis explained the telephone conversation with Council Member Berlinsky. Mayor Turville noted there are two (2) requests for reappointment to the Planning and Zoning Commission from David Pape and Elwood Treadwell. Council Member Mullins moved to reappoint David Pape and Elwood Treadwell• seconded by Council Member Berlinsky. The motion passed 4 to 1 with Council Member Hogan opposing. Council Member Mullins recommended appointing Cuqui Whitehead, Gail Ash and Wade Boyette to the Planning and Zoning Commission. Council Member Goodgame commented that Bill Gray is an architect and serves as the head of the architectural committee at Kings Ridge. Mayor Turville and Council Member Berlinsky agreed with Council Member Mullins recommendation. Council Member Hogan recommended Mrs. Whitehead, Mr. Gray and Mr. Boyatt. Council Member Mullins moved to appoint Gail Ash, Cuqui Whitehead and Robert Bo~att; seconded bX Council Member Berlinsky The motion passed 3 to 2 with Council Members Goodgame and Hoo~;an op~osing_ City Manager Saunders reported the Code Enforcement Board is a 7 member board serving 3 year staggered terms. Council Member Goodgame moved to reappoint L. V. Booker and William Gray to the Code Enforcement Board: seconded b Council Member Mullins. The motion passed with all members resent voting_"aye". City Manager Saunders stated the Community Redevelopment Agency has one seat open for a one year term and the other seat is a 4 year term. Charlene Forth requested reappointment and received new appointment requests from Mary Jo Pfeiffer, Gerard Brennan, Bill Banzhaf and Bob Bowman. Council Member Berlinsky suggested Mr. Bowman for the 4 year term and Mrs. Forth for the 1 year term. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2007 Council Member Mullins moved to appoint Bob Bowman to the 4 year seat; seconded by Council Member Berlins The motion passed with all members present voting "aye". Council Member Goodgame moved to appoint Mary Jo Pfeiffer to the one year term; seconded by Council Member Mullins. Under discussion, Mayor Turville preferred a representative from the residential side of downtown. The motion passed 4 to 1 with Mayor Turville opposing. City Manager Saunders advised the Parks and Recreation Committee is an advisory board with no limits on membership and appointments are made by the Mayor. Al and Basha Schlazer requested reappointment and new appointment requests were received by Gerard Brennan, Jamie Hanja, Ammon Smith, Nikki Tulyag and Avar Tulyag. Council Member Mullins recommended having all those who applied for any committee and was not appointed be approached to serve on the Parks and Recreation board. Mayor Turville appointed all of those who applied for Parks and Recreation and asked City Manager Saunders to contact those who were not assigned to other boards if they would like to serve on the Parks and Recreation committee. The City Council reviewed the current outside agency representative liaisons which includes: Cooper Memorial Library South Lake Chamber of Commerce St. Johns River Water Mgmt. District Lake Community Action Agency Lake County Metropolitan Planning Org. Lake County Water Alliance Tourism Development Council MPO Citizen Representative Lake Apopka Natural Gas Pedestrian/Bicycle Advisory Committee Council Member Goodgame Mayor Turville Vacant Council Member Berlinsky Council Member Goodgame Council Member Hogan Council Member Goodgame Suzy Gibson Ann Dupee Bill Erwin The Council and City Manager Saunders discussed having staff serve on the St. Johns River Water Management District with Council Member Hogan to serve as the alternate. Council Member Mullins moved to assien the outside agencyrepresentatives as published with staff appointed to the St. Johns River Water Management District and Council Member Hogan as the alternate• seconded by Council Member Hogan. The motion passed with all members present voting "aye'. ADJOURN: *~i~,~ ,i~aka.ltkap ,, ~k~ ~ ` ATfiE~T: ~~ ~ ~~ '~ With no further comments, this meeting was adjourned at 1 m. _ /,~' /~ ~ APPROVE ' a old S. Turville M o 11