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12-11-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2007 The Clermont City Council met in a regular meeting on Tuesday, December 11, 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, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of November 27, 2007. Council Member Goodgame moved the minutes of November 27 2007 be approved as written; seconded by Council Member Mullins. The motion passed with all members present voting"aye". PUBLIC COMMENTS There were two (2) Boy Scout troops present at the meeting. Jeff with the First United Methodist Church noted the scouts are working on merit badges. They will discuss the issues presented to Council and review if they agreed with the decisions. Troop 20 with Blessed Sacrament was also present and will accomplish the same objective. Cuqui Whitehead, 837 5"' Street, thanked those who participated with Light Up Clermont and especially thanked Police Chief Graham and his officers. Wally Herda requested the Council consider reducing postponements of items at Council meetings. City Attorney Mantzaris commented that depending on how a Resolution or policy is drafted, Council would have the option to consider a request of that nature, if there is just cause for doing so. Mayor Turville requested placing it on the agenda. Bill Banzhaf, 931 W. Montrose, requested economic development in the downtown area and to build Clermont around downtown. Jim Purvis, 4206 Hammersmith Drive, expressed appreciation to City Manager Saunders and staff on the events in Downtown over the weekend. Mr. Purvis advised of his intention to bring forward a proposal to revolve around Center Lake. He requested the Council revise the concept of a joint workshop to a meeting with City Manager Saunders, Assistant City Manager Gray, a Council Member and the Code Board to discuss ideas. Mr. Purvis noted an appointment is needed for the Code Enforcement Board. City Manager Saunders stated staff is currently advertising for the boards. REPORTS City Manager Saunders reported on Light Up Clermont being a success noting it was one of the largest crowds the City has had for the event. He complimented staff for their hard work especially the Police Department, Fire Department and Public Services. He also thanked Bill Banzhaf for the tree donation. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 1 I, 2007 City Attorney Mantzaris - No Report Council Member Hogan noted the parade was a success. There will be a Water Alliance meeting held at S:OOpm tomorrow. The dedication of the downtown Farmers Market will be held Sunday at 10:30am. Council Member Goodgame reported the tourism tax revenues have increased. He reported on various road projects throughout Clermont. He suggested the City submit letters of support for a no u-turn sign at the intersection of the entrance into Kings Ridge. Also, he requested the lights in downtown remain up all year. Council Member Goodgame made a motion to keep the trees lighted throughout the year; seconded by Council Member Hogan. A vote was not taken on the motion. Mayor Turville asked staff to place it on an agenda and come up with cost estimates. Council Member Mullins noted the topic at the League of Cities Friday meeting will be hometown rule. Council Member Berlinsky reported on ideas he has for the City upon the completion of the first year of his term in office. The suggestions include expanding the coverage area of the Community Redevelopment Agency (CRA) to include Waterfront Park, postpone expansion of the streetscape project for up to 5 years and utilize the funds to promote downtown. He recommended using funds to build a library, Water Park, screen a section of the lakefront to filter out an area for swimming, and encourage development of the downtown area. Also, suspend current commercial impact fees and create a free trade zone where impact fees are not charged to encourage businesses to be in downtown. Mayor Turville thanked Council Member Berlinsky for his report. Council Member Mullins suggested discussing those ideas at the January workshop. Mayor Turville thanked everyone who attended Light up Clermont. He noted we need to focus on ensuring we have enough amenities to accommodate the crowd attending the event. 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 -Appraisal Request Request approval to obtain second appraisal for the Inland Groves/Pool Property as required by Florida Communities Trust Item No. 2 -Grant Acceptance/Purchase Approval Request authorization to accept Lake County Parks and Recreation Capital Improvement Grant and authorization to Purchase playground equipment in the amount of $12,080 for Chestnut Park Item No. 3 -Purchase Approval Software Purchase for the Police Department Item No. 4 -Plat Approval Heritage Hills Phase II plat located south of Johns Lake Road, and east of Hancock Road. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2007 Council Member Goodgame moved for approval of the consent agenda; seconded by Council Member Mullins. The motion passed with all members presents voting "aye". UNFINISHED BUSINESS Ordinance No. S85 M Final Hearing Mayor Turville read Ordinance 585-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 a text change to allow the uses of skilled nursing facility, assisted living and age-restricted adult independent living to a portion of Undeveloped District 7 (Celebration of Praise); adopting a map change to Undeveloped District 7 (Bailer) and a related text change; adopting a map change to Undeveloped District 7 (Foxchase); setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Barbara Hollerand, Planner, presented the adoption hearing for the City's second-cycle 2007 comprehensive plan amendment, which includes three (3) separate requests. In August, these items were approved for transmittal to the Florida Department of Community Affairs (DCA), Lake County, and the five (5) reviewing agencies. She informed the audience of the Comprehensive Plan Citizen Courtesy Information List form. 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. These first two items are amendments for recent annexations. Each of these properties is now in the City, but each still has its County future land use. The comprehensive plan amendment process is necessary to add a City future land use and to include these properties on our Future Land Use Map. Item 1 is being handled administratively. This is the Hartwood Marsh Self-Storage FacilityBailes property. This is an approximately 23-acre property, located east of 27, on the south side of Hartwood Marsh Road, west of Hancock Road. The owner is Florida Discount Self Storage No. 4 LLC. It was annexed into the City in July and is under construction. All annexations trigger the need for a comprehensive plan amendment to change from County to City future land use. Commercial properties in Undeveloped District 7 (UD-7) also require text amendments to describe the location of the commercial use. The map change for this is from County Urban Expansion to UD-7 Commercial. DCA had no objections to this amendment. Staff recommended approval of the Future Land Use Map change and the text change to the UD-7 language in Appendix C of the Future Land Use Element. Item 2 is the Foxchase property. This is an approximately 78-acre property, located west of U.S. 27, south side of South Clermont Connector. The owner/applicant is Standard Pacific of Central Florida GP, Inc. This property was also annexed in July and the project is under construction. This property owner has secured the necessary approvals for the 162-home subdivision. This step is to replace the County future land use with a City future land use. The map change is from County Urban Expansion to UD-7 Residential. DCA had no objections to this amendment. Staff recommended approval of the Future Land Use Map change. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2007 Item 3 involves a property already in the City. It is a text change to the Celebration of Praise property, located west of U.S. 27, south of Hammock Ridge Road, north of Legends. The owner is Local Board of Trustees of the Church of God. The applicant is Cecelia Bonifay with Akerman Senterf`itt. This is a request to add "age-restricted adult independent living, assisted living and skilled nursing facility use" to the fu1150-acre parcel. A second request by the applicant for a map amendment to change 14.7 acres of the approximately 50- acre property from residential to commercial use failed to get the support of the City Council at the August 28 transmittal hearing and was not approved for transmittal to DCA. A Conditional Use Permit (CUP) for a church use on the property was first granted by the City in 2002. An amendment to the CUP was approved in 2003 that made four changes to the original CUP, including increasing the seating capacity in the worship center. The land uses approved in the CUP also included classrooms; offices; community center with gymnasium, swimming pool, and kitchen; daycare; library, bookstore, cafe and meeting rooms; picnic pavilion; maintenance garage; bowling alley and arcade. The above uses were depicted on the CUP-referenced site plan as phase I and II. A third phase was also shown on the approved site plan, but because it was not part of the CUP, it was not approved by the Council as part the Resolution. The Phase III area, proposed as a skilled nursing facility, assisted living and independent living on the 2003 site plan, is on 10 acres of planted pine along the western boundary of the property, adjacent to Legends. The church has completed the Phase I construction of the community center, daycare and spiritual life center. At the time of the comprehensive plan amendment transmittal, the church had anticipated applying for an amendment to the existing CUP to reflect changes in the timing and scope of future phases. No changes to the CUP can move forward until any comprehensive plan amendment changes are adopted. Staff supported the additional uses of age-restricted adult independent living, assisted living and skilled nursing facility for this location in UD-7. Such uses are complementary to the existing uses on the property and are logical transitions in land uses from the adjacent residential neighborhoods. Staff recommended approval of the text change to UD-7 to add age-restricted adult independent living, assisted living and skilled nursing facility uses to Appendix C of the Future Land Use Element. At the transmittal hearing, the City Council voted unanimously to transmit the text change. DCA issued a letter to the City stating it was raising an objection to this proposed amendment, citing the absence of a density or intensity standard to guide development. Staff, in cooperation with DCA, has proposed a Floor Area Ratio (F.A.R.) intensity standard of 0.06. This F.A.R. would equate to allowing up to approximately 131,000 total square feet of the combined three additional uses on the 50-acre property. At the time of the transmittal hearings, staff received letters in support of and in opposition to the map and text requests. There have been no additional letters received in connection with the adoption hearings. Thomas Gould, Akerman Senterfitt, was present on behalf of Celebration of Praise. The church is under new leadership and the vision has remained the same. He requested support from the Council. Mayor Turville opened the public hearing. The following spoke in opposition to the request: Joyce and Mark Johnson, 1580 Misty Glen Lane; Maxine Edghill, 1570 Misty Glen Lane; Terri Eckert, 1490 Misty Glen Lane; Ingrid Dahlquist, 1510 Misty Glen Lane; Cuqui Whitehead, 837 5`h Street; and Jim Purvis, 4206 Hammersmith Drive. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2007 Thomas Gould addressed the concerns and noted there were discussions about lowering heights of buildings and the church was amenable to those changes. Mayor Turville closed the public hearing. Council Member Berlinsky stated the intended use is consistent with the needs of the community. He recommended the Council approve the ordinance as presented including the request to change the land use for the church. Council Member Berlinsky moved for approval. The motion was seconded by Council Member Mullins for discussion. Council Member Mullins commented on the noise issue coming from the kids and not the seniors. The church had the property before The Legends was built. Council Member Mullins supported the land use change. Mayor Turville was not in support of the request to change the language. Council Member Goodgame commented on the Metropolitan Planning Organization (MPO) letter. They were not given all of the information and the report was invalid. Council Member Hogan spoke in opposition to the request. Council Member Mullins withdrew the second to the motion. Council Member Goodgame moved approval of item 1 and 2 of Ordinance 585-M and denial of item 3 of Ordinance 585-M; seconded by Council Member Hogan. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Purchase Approval Engineering Dept. City Manager Saunders noted this purchase is in this year's budget and requested Council approval. Council Member Goodgame moved for approval for the purchase of a new crane truck; seconded by Council Member Mullins. The motion passed with all members present voting "aye". NEW BUSINESS Development Agreement City Manager Saunders stated this agreement facilitates the construction of Grand Highway to Highway 50 to Hooks Street. The main agreement was between Lake County and the Developers. We will be part of the review team and conducting the inspections for the road. It will be city maintained. The developers will be paying for the construction of those roads and will receive impact fee credits for work being done. Lake County will have this on their agenda next Tuesday for approval. Ciry of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2007 Council Member Good~ame moved approval of the Development Agreement; seconded by Council Member How Chris Roper, Esq., was present on behalf of Golden Corral and was available for questions. The motion passed with all members present voting "aye". City Manager Saunders reported on the purchase of software for the Police and Fire Department which was on the consent agenda approved by Council. The Council approved a consultant through the Florida League of Cities to help with the task to provide software. The price received for the software package was higher than the City paid due to the consultant negotiating and saving us money. Mayor Turville commended Administrative Service Director Van Zile on the situation occurring last Thursday where the City pulled out money in time without losing any city funds. Council Member Goodgame complimented the Information Technology (IT) division for doing an outstanding job of working with the departments. Mayor Turville stated the Council will not be meeting in 2 weeks. The next Council meeting will be January 8, 2008. ADJOURN: With no further comments, this meeting was adjourned at 8:57pm. APPROVED: ~~ ~~~-~' arold S. Turville, Mayor ATTEST:,r i'~ ~' Tracy A~oyd, City Clef