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09-25-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 The Clermont City Council met in a regular meeting on Tuesday, September 25, 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, and Hogan. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. Council Member Berlinsky was absent. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of August 28, 2007; September 6, 2007; September 11, 2007 and September 13, 2007. Council Member Goodgame moved the minutes of August 28, September 6, September 11 and September 13, 2007 be apTroved as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Mayor Turville reported on the following items requested to be postponed to the October 23rd meeting: Ordinance 582-M Final Hearing, Ordinance 583-M Final Hearing, Resolution 1546, Resolution 1549, and Resolution 1548. Council Member Goodgame moved Ordinance 582M be tabled to October 23: seconded by Council Member Mullins. The motion passed with all members present voting "ate Council Member Goodgame moved Ordinance 583M be tabled to October 23; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved Resolution 1549 be tabled to October 23; seconded by Council Member Mullins. The motion passed with all members present voting "a,}_e"_. Council Member Goodgame moved Resolution 1546 be tabled to October 23: seconded by Council Member Mullins. The motion passed with all members present voting "ate Council Member Goodgame moved Resolution 1548 be tabled to October 23: seconded by Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Ms. Barrow, Lake County School Board, gave an update on the South Lake Charter School. They currently have 25 7`h graders on that campus and they have not received an application to become a middle school. Council Member Goodgame thanked her for the update. This school wants to expand to a K - 9 and bring in portables. Ms. Barrow expects this to be on a workshop agenda in the next few weeks. Jim Purvis, 4206 Hammersmith Drive, requested the City explore the cost and means to fund sirens due to the recent tornado activity in Lake County. He asked for an update on the response issues previously discussed. City Manager Saunders replied that the annexation ordinance will be heard next month. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 PROCLAMATION Peter Capece spoke about the Italian and Heritage organization. Mayor Turville read the proclamation aloud declaring October 2007 as Italian Culture and Heritage Month. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame noted the incident that occurred last Thursday on Bloxam Avenue. City Manager Saunders thanked the Engineering and Public Services staff for responding quickly. Council Member Goodgame read aloud the letter received from the family of the lady who turned 100 years old thanking the Council for the proclamation. Council Member Goodgame reported on the Tourism Board and provided an update on Plaza Collina. The Department of Community Affairs (DCA) submitted a letter stating they would not hear the petition again and did not see a significant change in the shopping center. It will be moving forward as proposed. Council Member Mullins commented on the Lake County League of Cities annual banquet sponsors night. The speakers were from the Florida League of Cities. 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. I -Event Request Request from Christian Men in Action to close portions of Desoto St, Scott St, School St and Juanita St for the 2°d Annual Community Block Christmas Party on December 24 from 5 - 9pm. Item No. 2 -Event Request Item No. 3 -Change Order Item No. 4 -Purchase Approval Request use of Waterfront Park for the 10`h Annual Pig on the Pond event to be held March 6`h, 7`h, 8"', and 9"', 2008 Request authorization for a Change Order by Utility Technicians for the Lift Station Improvement Project Request to purchase Info Water Modeling Software for the Utilities Dept to update and modify the potable water delivery system, wastewater collection system and the reclaimed water distribution system. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 Item No. 5 -Purchase Approval Request approval to piggy-back the Lake County Contract for rental of heavy equipment Council Member Mullins requested pulling item 1 from the consent agenda for discussion and Council Member Goodgame requested pulling item 2 from the consent agenda for discussion. Council Member Goodgame moved acceptance of items 3, 4 and 5 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Mullins questioned the traffic situation on Bloxam Avenue on the date of the request of December 24. City Manager Saunders stated the road should be open by that time. Council Member Mullins moved to approve the event request from Christian Men in Action; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Ron McFarland, member of the Board of Directors for Pig on the Pond, and Cheryl Fischel, Coordinator, spoke on next year's event. Council Member Goodgame moved that item 2 Pig on the Pond event be approved; seconded by Council Member Mullins. The motion passed with all members present voting "aye". UNFINISHED BUSINESS Ordinance 584 M Mayor Turville read Ordinance 584-M aloud 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 the goals, objectives, and policies of the capital improvements and transportation elements of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting for the purpose and intent of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Barbara Hollerand, Principal Planner, presented Ordinance 584-M, an amendment to the Capital Improvements and Transportation elements of the comprehensive plan. It is an administrative request. Updates to the Capital Improvements Element and related changes to other elements in the comprehensive plan are exempt from the twice-per-year limitation on comprehensive plan amendments. Additionally, the transmittal hearings are eliminated, and the items go straight to adoption. Barbara let the audience know about the "Comprehensive Plan Citizen Courtesy Information List" form. The Florida Department of Community Affairs (DCA) provides this form for individuals who are interested in being notified when the Notice of Intent to find the comprehensive plan amendments in compliance is published. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 The Capital Improvements Element of the comprehensive plan identifies capital projects needed to maintain adopted Level of Service standards. State legislation passed in the last two years has modified the amendment process for this element. Effective next December, local governments that do not update the Capital Improvements Element will be unable to adopt subsequent future land use amendments. In recent workshops around the state, DCA has provided local governments with an outline of a recommended nine-month process to follow in generating annual updates to the Capital Improvements Element. This best practices schedule ties into the City's budget and capital improvements program processes. The City of Clermont is taking atwo-year approach to meeting the new requirements by adopting a minor amendment to the Capital Improvements Element in 2007 prior to adopting a comprehensive update in 2008. The City of Clermont's growth during the last decade has brought about the need for a major re- write of most of the elements in the comprehensive plan. Because many elements, including the Capital Improvements Element, have not been updated since the Evaluation and Appraisal Report (EAR) process of 2000, the City will be contracting this next year with a consulting firm to collect the data needed for a full update of the plan. Compliance with the new legislation will be part of the services provided by the consultant. It is anticipated the consultant will work closely with the City in generating the update to meet the December 2008 deadline. The City has recognized that some element revisions are needed before the full update. The City has developed a 5-Year Schedule of Capital Improvements to adopt in 2007. This schedule replaces the fiscal year 2000-2005 schedule currently found in the Capital Improvements Element. This new schedule provides a baseline for the 2008 update, which will follow the best practices recommended by DCA. In addition to the 2007 update to the Capital Improvements Element, staff is also recommending a related update to the Transportation Element. Minor text changes to this element are recommended at this time to reflect recent updates to the Future Traffic Circulation Map and to reference the City's adoption of the Lake-Sumter MPO's Transportation Improvement Program. The timing of these Transportation Element amendments in 2007 is critical to the securing of transportation funding to six-lane S.R. 50 through FDOT's TRIP program. Currently, the City's comprehensive plan does not reflect the future widening of S.R. 50 to six lanes, which is an inconsistency with the transportation agencies' adopted plans. It is appropriate to amend the City's comprehensive plan at this time to achieve consistency. The MPO has provided the City with a letter supporting the amendment. The Planning and Zoning Commission unanimously recommended support for the changes. Staff recommended approval of the text changes to the Capital Improvements Element and the Transportation Element. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame noted the traffic signals marked for Hancock Road should be moved to Johns Lake Road and requested adding Northridge. Council Member Mullins also commented on Magnolia Pointe. Ms. Hollerand advised that we can add to it as needed. City Manager Saunders stated he received a letter from the Metropolitan Planning Organization (MPO) commending the City on moving ahead and getting this in place earlier than required. We are the first City to get this done. He thanked staff for having it completed early. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 Council Member Goodgame moved for acceptance of Ordinance 584-M; seconded by Council Member Mullins. The motion passed 4 to 0 on a roll call vote with all members present voting "aye". Utility Agreement Johns Lake Landing Jim Hitt, Planning Director, reported on the Utility Agreement for a Planned Unit Development located south of S.R. 50. 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. Steve Richey was present on behalf of the applicant. The total project is 850 residential units restricted to adult only. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville asked about available capacity. Staff confirmed capacity is available. Council Member Goodgame expressed concern with approving utility agreements with properties not yet contiguous and not paying impact fees when we annex. He suggested City Attorney Mantzaris look into the possibility of having impact fees where the City has higher fees than the County; and, the difference in funds be put into an escrow account and, if we annex within 10 years, the City would receive the funds and, if not, they would acquire the funds. He suggested this be tabled until the City Attorney can tell us if this is legal to do. Council Member Goodgame moved to table; seconded bgCouncil Member Hogan. Under discussion, City Attorney Mantzaris voiced concern with trying to tie an impact fee payment arrangement to potential property owners into a utility service agreement. The concern is with doing it as part of the utility agreement. Mr. Richey was in agreement to table this item for 2 weeks. He noted they will be providing a significant amount of amenities and expressed concern with recreation impact fees. City Attorney Mantzaris was amenable to the time frame. Council Member Goodgame moved to table to October 9; seconded by Council Member Hogan. The motion passed with all members present voting "ate NEW BUSINESS Mayor Turville noted the next two (2) items would be heard together. Resolution 1545 - Publix Super Markets, Inc. Mayor Turville read Resolution 1545 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 an amendment to a Conditional Use Permit to allow two structures on out parcel #1 within the C-2 General Commercial Zoning District. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 Resolution 1533 - Publix Super Markets, Inc. Mayor Turville read Resolution 1533 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 Gas Station and Convenience Store within the C- 2General Commercial Zoning District. Jim Hitt, Planning Director, reported on the requests. The Planning and Zoning Commission and staff recommended approval. Michael Leeds, Developer for the project, was present and available for questions. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, voiced concern with the variance request, allowing two (2) buildings on one (1) lot, the hours of operation, the "Go Dark" clause, the sale of diesel fuel and signage. James Hicks, 3548 Lapland Avenue, supported the gas station, convenience store and diesel fuel. Karen Murdock, 3631 Hawkshead Drive, spoke in support of the request and for diesel fuel. She requested the hours of operation for the station be past 11:OOpm. Mayor Turville closed the public hearing. Michael Leeds responded to the comments. Publix requested the hours of operation be from 5:00 am to 11:30pm. Due to this type of layout, the station is not conveniently accessible for the heavier types of trucks. Also, he requested to not ask for the "Go Dark" clause. Council Member Goodgame commented on the agreement reached by Kings Ridge residents and the shopping center with Halvorson was for the operational hours to be from 6:OOam to 11:OOpm for sales. He requested no fuel deliveries before 7:OOam or after 8:OOpm, no sign on the canopy and the car wash should be adjacent to the building. City Manager Saunders remarked on the comment by Mr. Purvis regarding two (2) structures on the parcel. That was a condition within their Conditional Use Permit (CUP). The City of Clermont allows more than one (l) on a parcel. The applicant is here to amend the original use permit that called for only one (1) structure per parcel. We have other parcels with more than one (1) parcel on it. Mayor Turville was in agreement to have the same hours of operation as stipulated for the shopping center. Council Member Goodgame questioned spacing. City Manager Saunders stated staff will make sure they meet all of the minimums in the island at site review. Council Member Mullins questioned considering the fuel island as a building and noted the "Go Dark" clause has been placed in the document. City Manager Saunders noted staff has consistently considered a canopy to be considered a building. Council Member Mullins questioned the use of E85 alternative fuel. Dhivy Sathianathan, President of MDM, replied the system being proposed will be capable of doing that. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 Council Member Goodgame requested moving the car wash to the side of the store. Mr. Sathianathan stated the reason the car wash was moved further to the west was to make it safer to enter and exit. Council Member Mullins noted the layout appears to have limited space. City Manager Saunders advised that the site review committee will look at stacking lanes to see how many cars they can stack without causing a problem. Council Member Goodgame moved approval of Resolution 1545; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Resolution 1533 Council Member Goodgame moved to amend the operating hours from S:OOam to 11:OOpm to correspond with the rest of the stores in the shopping; center; there will be no deliveries of ,gasoline or fuel or merchandise to the convenient store before 7:OOam and not after 9:OOpm at night and there will be no advertising; sig~put on the canopy of the fuel station; seconded by Council Member Hogan. Under discussion, Council Member Hogan voiced concern with the delivery hours. Council Member Mullins preferred to have the same delivery hours as the overall shopping center. City Manager Saunders noted that Resolution 1545, number 5 states that deliveries are prohibited from 12:OOam to S:OOam which is what the rest of the center is restricted to on delivery. Council Member Goodgame withdrew the delivery amendment and let it correspond with Resolution 1545. Council Member Goodgame called for the question. The motion passed with all members present voting_"aye". Mayor Turville noted the next two (2) items would be heard together. Resolution 1543 -Superior Residence A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow an Independent Living Facility with 168 units located in the R-3 Residential Zoning District. Variance Request -Superior Residence Curt Henschel, Principal Planner, clarified the applicant is requesting 186 units instead of 168 units. City Manager Saunders advised it was advertised for 168 units. We will have to re-advertise for a higher number. The applicant offered to move forward with the discussion at the advertised number of 168 units. The applicant stated he would return to Council, if additional units were needed. Mr. Henschel then reported on the CUP request and the height variance for the project. Staff recommended approval of the CUP and the variance request. Bill Burkett, Burkett Engineering, was present requesting approval. This will be developed in phases. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, voiced concern with the building height. Mayor Turville closed the public hearing. Council Member Goodgame objected to the variance for the building height and requested 50 feet instead of 55 feet. Mr. Henschel noted the proposed revision to the new code will change the height to 55 feet which is what is being requested by the applicant. Council Member Goodgame withdrew his objection. Council Member Mullins moved acceptance of Resolution 1543; seconded by Council Member Goodgame• Under discussion, Mayor Turville requested the applicant return with an attractive building. The motion passed with all members present voting-"aye". Council Member Goodgame moved acceptance of the variance by Superior Residence; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". Resolution 1544 -Clermont Landings Mayor Turville read Resolution 1544 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 an amendment to the Conditional Use Permit for a Planned Unit Development to allow Certificate of Occupancy for specific conditions and impact fee credit requirements. Jim Hitt, Planning Director, presented the information on the request from Clermont Landings. Staff recommended approval of the first request regarding the construction of Steve's Road and the timing for issuance of Certificates of Occupancy (C.O.). Staff recommended denial of the second request in regards to Impact Fee Credits to have the City of Clermont require subsequent developers effecting Steve's Road to pay the Clermont Landing developer for Impact Fee Credits. The Planning and Zoning Commission recommended approval for both items requested. The applicant, Duke Woodson, was present. He would like to open JC Penney and the theater in October 2008. Given the current conditions within the CUP, he would not be able to open at that time. The request deals with conditions numbered 5 and 6. Mr. Woodson requested to modify to allow the C. O. as soon as Steve's Road is finished on the eastern side. The applicant withdrew his request on the second request regarding Impact Fees. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 Council Member Goodgame moved acceptance of Resolution 1544 with the elimination of number 11 • seconded by Council Member Mullins. The motion passed with all members present voting_"aye". Resolution 1547 -South Lake Plaza Enterprise Mayor Turville read Resolution 1547 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 the use of an Auto Rental Business in a C-2 General Commercial District. Curt Henschel, Principal Planner, reported on the request. The applicant was present, Cindy Sherrod with Enterprise. She noted the possibility of having a metal carport to use for washing the vehicles. However she is agreeable to other options to meet Council approval. City Manager Saunders clarified the applicant is proposing a stand alone carport. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, was concerned with maintenance done on the property such as an oil change. John Clifton spoke in favor of the request. Judy Proli voiced concerned about having an aluminum shed. Jim Purvis, 4206 Hammersmith Drive, commented this center is in the process of revitalization and this is a welcome site. He voiced concern with security and asked how the applicant will protect their vehicles from theft. Also, Mr. Purvis was concerned about truck rentals overflowing into the parking areas. Mayor Turville closed the public hearing. Cindy Sherrod addressed the concerns. Enterprise uses The Club to use as a deterrent from theft. They do not service vehicles on site. It was recommended they park in the back. Mayor Turville questioned the number of cars washed in a week. Ms. Sherrod remarked there are approximately 40 to 50 car washes. Mayor Turville requested they have a recyclable system. Council Member Goodgame recommended a concrete block building for the car wash on the end. City Manager Saunders supported the recycle system and expressed concern with the looks of a metal shed. Council Member Mullins noted it would be more logical to place the car wash in the corner instead of the end. Council Member Goodgame concurred and asked staff about the location for a concrete block building. City Manager Saunders stated staff would be fine with the type of building discussed if it were moved to the other end of the strip of parking spaces, in the corner. Cindy Sherrod was agreeable to the suggestion. Council Member Mullins questioned the vacuum noise. Ms. Sherrod stated the company uses an industrial vacuum which is not that loud. She has spoken to the other tenants and they did not have a problem with it. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2007 City Manager Saunders reviewed the proposed amendments to Section 2 number 3 of the Resolution to include the language that the wash basin area will be a concrete block structure as approved by the site review committee and the location will be in the east of the parking stall area. Council Member Mullins and Mayor Turville noted if noise is a problem; request the applicant return to Council. Council Member Goodg_ame moved approval of Resolution 1547 with the amendment to Section 2 item 3 calling for a concrete block stucco building for the car wash located at the east end of the parking stall and as far as vacuuming, of automobiles, if it should present a noise problem the operator will be required to change the vacuuming s sy tem so it does not create a problem for the neighbors• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Library Name Mayor Turville advised that there has been a subsequent meeting and they agreed to give the Cooper Memorial Library name to the college but qualified it by saying both libraries could be called Cooper Memorial with a designation of the location. Council Member Goodgame further noted on the added stipulation that should the City of Clermont build a library that both libraries have a designation after it indicating their location. He requested staff write a letter to the Cooper Memorial Association stating the City is still considering a library downtown and suggested they notify Lake County Library Systems that they should add the designation of Lake Sumter Community College after the Cooper Memorial Library sign on the building. Council Member Mullins questioned if it would conflict with receiving grants. City Manager Saunders stated they can still use the Cooper Memorial name but would put a tag on it such as `At Lake Sumter' and will write a letter as suggested. There was no action required by Council. Mr. John Clifton introduced himself to the Council. He owns a veterinary practice in Orlando and is in the process of moving the business to Clermont. ADJOURN: With no further comments, this meeting was adjourned at 9:33pm. APPROVED: ~~-- . S. Turville, Mayor A'~EST: ~,' Tracy Ackroyd, City Cler 10