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07-10-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 The Clermont City Council met in a regular meeting on Tuesday, July 10, 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, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Reverend Doug Cox gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of June 26, 2007. Council Member Goodgame questioned the minutes of which Mayor Turville opposed Resolution 1532. Council Member Goodgame moved to approve as written with review of Resolution 1532 by the City Clerk; seconded by Council Member Mullins. The motion passed with all members present voting "aye'. PUBLIC COMMENTS Jim Purvis commented on a request from Sky Valley residents to remove the United States flag from the cell tower located at Shepherd Hill Church. Mayor Turville remarked there may be requirements to have the flag there. Bob Bowman thanked the City on behalf of the Downtown Partnership for the Sidewalk Art Walk Contest. There were 51 contestants and all of the downtown merchants were pleased. Council Member Goodgame complimented Mr. Bowman for what he has down in downtown Clermont and asked him to bring in pictures from the event. Council Member Hogan requested having the winners present at a meeting. Judy Proli, Summit Greens, questioned if there had been any changes to the sign ordinance. Mayor Turville confirmed the Council approved an ordinance changing the sign code. Council Member Goodgame requested staff contact Lake County regarding hanging signs on the fence in front of Kohl's. Mayor Turville stated to make sure police officers are aware they can properly deal with signs. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame reported on the Lake County Commission meeting. They approved to have Plaza Collina sent back to the Department of Community Affairs (DCA) for review of what they are now proposing. He requested instructing City Attorney Mantzaris to prepare a petition to circulate for signatures to agree and support the County Commission vote taken. This would require City Council approval for City Attorney Mantzaris to draft a petition. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 Council Member Mullins proposed the Council pass a Resolution and spoke in favor of a petition. Mayor Turville voiced concern with a petition and agreed with Council Member Mullins on adopting a Resolution directed to DCA. Council Member Goodgame noted that Sandy Minkoff, Lake County Attorney, is asking for support since that area is within our Joint Planning Agreement (JPA). Council Member Goodgame motioned to have the City Attorney prepare a simple petition for distribution; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Council Member Goodgame also commented on the proposal made by County Commissioner Renick to have the County issue a stop construction order on excavations they were doing which will go into place. Council Member Mullins - No Report Council Member Berlinsky suggested the City Council consider discussing Global Warming. Council Members Goodgame and Hogan disagreed. Council Member Berlinsky questioned vacancies in the Fire Department. City Manager Saunders noted the Fire Department has four (4) positions not filled and the Council approved a training plan for paramedics. Once they complete training sessions, the department will be fully staffed. Furthermore, the City has not had any hiring freezes. Mayor Turville asked about the status of the Planning Department. City Manager Saunders stated he is preparing the request for proposals to companies that have expressed an interest and putting the numbers together to present to Council and will bring to Council based on responses from private companies versus the City doing it ourselves. 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-Bid Award Request authorization to award bid to Johnson- Laux Construction to construct Fire Station #1 Addition. Item No. 2- Surplus Equipment Request to surplus equipment from the Fire Department's vehicle inventory Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye". NEW BUSINESS Variance Request -First United Methodist Church Curt Henschel, Planner, reviewed the variance request for their master development plan. Several of the requested variances were approved in June 2006, but because of the lack of development they were rendered void as of June 2007. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 The first request is for an overall building height of 50 feet for the proposed social hall. City Code currently calls for a maximum building height of 45 feet on the tallest building elevation, which includes the height of parapets, church spires, and the peaks of roofs not intended for human occupancy. The existing sanctuary has a maximum roof height of 52 feet, and a maximum overall height of 68 feet including the church spire. The proposed new social hall will require an elevated roof top to accommodate a multi level recreational purpose of the building. The interior habitable height request is for 37 feet rather than the current city code maximum height of 35 feet. The interior height design will allow the social hall to maximize its potential as a multi use facility. With an exterior height difference of 2 feet below the existing sanctuary, and the fact that this area is not for any type of habitable occupancy, staff recommended approval. The second request is for an overall parking count reduction of 153 parking spaces. Total spaces required are 600 and the total spaces provided on site are 447, which results in a shortage of 153 spaces. When church events are not going on, the church has been accommodating parking for special events and other small businesses in the downtown area for the past few years. Staff recommended approval. The third variance request is for a grass parking area. The proposed grass parking area would hold 391 parking spaces of the total 447 spaces on site. The church does not wish to pave this area because increasing the impervious area would require larger retention areas, which leads to fewer parking spaces. The master plan does indicate paved drive isles within all grass parking areas. The church property has been operating with grass parking adjacent to Highway 50 and Seventh Street for many years. The existing grass parking has not created any drainage or runoff problems in the past and has been kept in good condition. The City of Clermont currently shares these parking needs and the church parking needs. Staff recommended approval. The fourth request is for the absence of a 15 foot landscape buffer along the western property line south of Juniata Street. This request is due to the fact that there are already three large specimen oak trees in this area. Per city code, 3 canopy trees and 5 under-story trees are required per 100 feet along a right of way, and a row of shrubs. The applicant is concerned that the installation of additional landscape material in this area would upset the growth of the existing large canopy trees. Staff feels the intent of the buffer has been met with existing canopy trees, however, this variance should not run in perpetuity, if any of the three trees fail, a replacement buffer shall be installed. With this condition, staff recommended approval. The final variance is to allow for a sloped landscape buffer not to exceed a 3 to 1 slope. Per city code, part of the perimeter landscape buffer is required to be flat and level. For a majority of the perimeter landscape buffer the proposed slope is 4 to 1, but in few locations the proposed slope reaches a maximum of 3 to 1. A majority of the existing buffers are already on sloped ground. Staff recommended approval. Applicant, Richard Gaines, McCree, was present on behalf of the church and available for questions. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5~' Street, spoke in support of the request. Mayor Turville closed the public hearing. Council Member Goodgame asked if the five variances requested are the same five as before. Planner Henschel noted that variances 1 through 3 are the same and variance 4 and 5 are new. Council Member Goodgame moved for the acceptance of the variances requested for First United Methodist Church with the stipulation made by staff; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Doug Cox thanked Council for the approval and offered assistance with Downtown. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 Mayor Turville declared the next two items would be heard concurrently as they are related. Resolution 1527 -Oakley 50 Investors LLC Mayor Turville read Resolution 1527 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 shopping center with more than 4 users, and for a building to occupy more than 20,000 square feet of space. Variance Request -Oakley 50 Investors LLC Jim Hitt, Planning Director, reviewed the conditional use permit and variance requests. The applicant, Schmid Construction and Development, requested a Conditional Use Permit (CUP) for an office and retail shopping center with 30,478 square feet of space. There is a mixture of commercial uses surrounding the subject property. Annexations and subsequent development have intensified the character of the area. This area is appropriate for this type of development. Staff recommended approval with stipulations outlined in the CUP. The variances are to allow a 5 foot wide landscape buffer between the abutting property to the west and slopes in the buffer up to a 4 to 1 across the entire width. The second request is to allow a 10 foot wide buffer on the east side along Oakley Seaver Drive and to allow slopes in the buffer up to a 4 to 1 slope across the entire width. The development is adjacent to the unimproved portion of Oakley Seaver Drive south of Highway 50. The south portion of Oakley Seaver Drive, from S.R. 50 needs an additional ten feet of right of way on the west side in order to provide the minimum width for construction. All other right of way has already been dedicated. The additional ten feet will be used to align the roadway from the north to the south. The City has requested ten feet from the applicant for road way alignment, with the understanding that the applicant would request a variance for a landscape setback reduction and for sloped buffers. The variance request was originally approved along with the annexation and rezoning in December 2005. This variance would be considered a hardship due to the fact that by dedicating the ten feet for right of way, the site dimensions would not permit the proposed use from the original design. This request is the minimum needed for the proposed commercial land use. Staff recommended approval of the requests. Mayor Turville opened the public hearing. Judy Proli suggested developing a sign ordinance where signs can be kept to a limit. Susan Wood, 607 Desoto Street, voiced concern about traffic. City Manager Saunders stated that phase 3 of Hook Street is now under design; it is a County project. Mayor Turville closed the public hearing. Council Member Goodgame questioned the possibility of having two (2) signs for the one (1) building. City Manager Saunders stated the sign layout is not approved with the CUP. The applicant has to come in separately with sign plans and will have to meet the sign ordinance. Council Member Goodgame suggested sign uniformity in having one color. City Manager Saunders noted the Council could approve an ordinance change however most businesses want to use their logo signs. Council Member Mullins disagreed with the suggestion. Mayor Turville was not opposed to reviewing the sign ordinance in the future. City Manager Saunders suggested controlling it by limited the amount of space to be used. 4 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 Ms. Proli suggested contacting other cities. Council Member Goodgame moved to approve Resolution 1527; seconded by Council Member Berlinsky. The motion passed with all members present voting aye". Council Member Goodgame moved to approve the variances as written; seconded by Council Mullins. The motion passed with all members present voting "aye". Mayor Turville declared the next two items would be heard concurrently as they are related. Resolution 1528 - Jo-El Townhomes Mayor Turville read Resolution 1528 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 amulti-family development with more than 12 units within the C-1 zoning district. Variance Request - Jo-El Townhomes Curt Henschel, Planner, reviewed the CUP and variance requests. Staff recommended approval to include an additional condition to section 1 number 10. Mr. Henschel read a letter aloud from Steve's Auto. The applicant was not present. Mayor Turville opened the public hearing. Ms. Jackson, 1025 W. Montrose Street, questioned if this is a HUD project. Council Member Goodgame noted, from the Planning and Zoning Commission minutes, the homes will be selling for $300,000 to $325,000 per unit. Ms. Jackson commented she does not want the area to be so populated to not enjoy her home. Susan Wood questioned if clearance had been given from the oil waste that was on this property. Cuqui Whitehead stated the Planning and Zoning Commission was told it had been excavated twice before for other projects. Mayor Turville closed the public hearing. Mayor Turville commented that an environmental will need to be done. City Manager Saunders stated they are required to produce environmental assessment documents before pulling a permit. Mayor Turville expressed concern with placing recreational facilities in the 100 year flood plain. City Manager Saunders clarified the area shown for the pool is not in the flood plain. Mayor Turville questioned placing language in the CUP to notify the residents that it is a noisy place. City Attorney Mantzaris confirmed it would not be a problem to add that language. Council Member Mullins voiced concerns about the elevations and the location. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 The City Council discussed tabling the item until the applicant could be present. Council Member Mullins moved to table to August 14• seconded by Council Member Goodgame. The motion passed with all members present voting "ate Mayor Turville called for a recess at 8:30pm. The meeting reconvened at 8:44pm. Mayor Turville noted the following items have been withdrawn from the Council agenda: Ordinance 579-M, Developers Agreement for Washuta, Developers Agreement for Butler and Ordinance 580-M. The next two items were heard together. Lien Forgiveness -Ralph Jones Lien Forgiveness - Alice J Hinton, et al Jim Hitt, Planning Director, reported on the lien forgiveness requests. Both are for minimum standard housing violations. The original owner sold the property and the new owner paid off the liens. Mr. Jones paid a total of about $6,600 and refurbished the building. They renovated the interior and replaced windows, doors and the roof. The case was complied in June. It went before the Code Enforcement Board in June to ask forgiveness and the board recommended forgiving the full amount of the lien for 658 to 660 Desoto Street. The same owners paid liens for 662 - 672 Desoto Street in excess of $13,000 and complied. The Code Enforcement Board recommended approval of forgiving the full lien. Edward Kern, East Desoto LLC, was present. He stated he transferred the quit claim deed and at closing paid off the existing liens then transferred the liens to pay off again for asset protection purposes. More than $20,000 has been paid to cover the cost for both liens. The permit was open and opted to do a total renovation. He assured Council that they will run background checks as the homes are located behind the elementary school. Mayor opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to forgive the first lien amount of $1,213.80; seconded by Council Member Mullins. The motion passed with all members present voting "ave". Council Member Goodgame moved to forgive the second lien amount of $2,429.30; seconded by Council Member Mullins. The motion passed with all members present voting-"ave". Ordinance 575-M Introduction Mayor Turville read Ordinance 575-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present City boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved to introduce Ordinance 575-M; seconded by Council Member Goodgame. The motion passed with all members present voting "ave". City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 10, 2007 Ordinance 576-M Introduction Mayor Turville read Ordinance 576-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 show below, providing for severability, providing for an effective date and providing for publication. Council Member Mullins moved to introduce Ordinance 576-M; seconded by Council Member Goodgame. The motion passed with all members present voting"aye". Ordinance 577-M Introduction Mayor Turville read Ordinance 577-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved to introduce Ordinance 577-M; seconded by Council Member Goodgame. The motion passed with all members present voting "ale". Ordinance 578-M Introduction Mayor Turville read Ordinance 578-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. Council Member Mullins moved to introduce Ordinance 578-M; seconded b~ Council Member Goodgame. The motion passed with all members present votin~ye". Council Member Goodgame stated the City can now charge separate fees for non-residents. City Manager Saunders noted that County Administrator Cindy Hall met with the City Managers and indicated the County would not be funding any recreation grant programs but will allow the City to charge additional fees for County residents. Mayor Turville recognized a local Boy Scout in the audience. ADJOURN: With'noifurther comments, this meeting was adjourned at 8:59pm. Harold S. Turville, Mayor ATTEST: Tracy Ackroyd, City Clerk ,~. , `` CITY OF CLERMONT Office of the Fire Chief To: Wayne Saunders, City Manager From: Carle L. Bishop, Fire Chief Re: Surplus Apparatus' Date: June 18, 2007 I am requesting the following Fire Apparatus' to be placed on the July 10, 2007 Council Agenda for surplus. Vin # Model/Year Tag A24812408 GMC-1952 (55 yrs old) 34515 C85RU4022678 FORD-1963 (44yrs old) 34514 439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 3471 1 PHONE: 352/394-7662 • FAX: 352~2a1 -a~ana 07/29/03 14:31 EAX 352J .694 CI.ERMONT P D X02 To: Wayne Saunders, City Manager From: Randall A. Story, Chief of Police Date: July 29, 2003 Subject: Surplus Property Wayne, I am requesting that the following list of items be declazed surplus property by the City Council and be sent to public auction. The list contains items such as computer items, telephones, printers, console, Nextel radio's etc... that are no longer serviceable and not needed by our department. Thank you, Randall A. 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N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O (~ (rt (a t~ (~ (r,) (~ W W W W W W W N N N N N N N N N N N N N N N N N v D rn_ Z rn z O m 0 07/29/03 14:31 FAX 3523941649 CLERMONT P D C7 (7 (~ O O O C C C ~ 7 ~_ O~ O O~ C7 ~D O O O W CI1 ~ O O O O O O O O O O O 1 1 C C r D D 2 ~ ~ O m m Z m zzcn D D c°~i rn Z ~ ~ ~ C C C ~l ~ ~ 'fl 'D ~ r r r c c c ~ ~ ~ r r r ~_ ~_ A W W W O O O N N N O O O O O O W W W