Loading...
04-28-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 The Clermont City Council met in a regular meeting on Tuesday, April 28, 2009 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 Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, Deputy City Clerk Noak and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. Mayor Turville stated the applicant for the Claude Wells Variance Request asked for postponement until the May 12, 2009 meeting. Council Member Goodgame moved to table the variance request to Mav 12, 2009; seconded bX Council Member Mullins The motion passed with all members present voting "aye". Mayor Turville stated the applicant for Resolution 1613 requested postponement until the May 26, 2009 meeting. Council Member Goodgame moved to table Resolution 1613 to June 9, 2009; seconded by Council Member Mullins. The motion~assed with all members present voting "aye". Council Member Goodgame moved to table the Emergency Notification Sirens to Mav 12 2009• seconded by Council Member Mullins. Council Member Hogan requested a workshop on the Emergency Notification Sirens. The motion amassed with all members present voting_"aye". MINUTES Council meeting minutes of March 24, 2009. Council Member Goodgame moved for approval of the March 24, 2009 minutes as written• seconded by Council Member Mullins. The motion passed with all members present voting"aye". PROCLAMATION Mayor Turville read the proclamation for National Drinking Water Week aloud. RECOGNITION City Manager Saunders introduced the annual "Drop Savers" poster contest. Heather Wooding, Utilities Department Administrative Assistant, announced the winners of the poster contest and Mayor Turville presented the awards and t-shirts. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 Winners of the "Drop Savers" Poster Contest: Second and Third Grade First Place -Elise Candelario, Lost Lake Elementary Second Place -Lauren Boyett, Clermont Elementary Third Place -Amanda Moles, Cypress Ridge Elementary Honorable Mention -Sydney Bates and Carson Schreiner, Cypress Ridge Elementary Fourth and Fifth Grade First Place - Viktoria Freidrich, Lost Lake Elementary Second Place -Hope Freidrich, Lost Lake Elementary Third Place -Carlos Carrasquilla, Lost Lake Elementary Honorable Mention -Ruth Lopez and Bailey Pawlowski, Clermont Elementary PRESENTATION Assistant City Manager Gray introduced the Cypress Ridge Elementary School "Quilts to Books" program students. The students provided a presentation on their accomplishment of raising $2,400.00 to deliver books to Reed Elementary School in New Orleans, Louisiana last year. This year's project will raise money to purchase a classroom library for a teacher at Langston Hughes Academy in New Orleans, Louisiana. Council Member Goodgame invited them to bring their quilts to the next Kiwanis Club meeting. PUBLIC COMMENTS Richard Burton, Elite Lube and Elite Car Wash, thanked Council and staff for supporting the Elite Wing Challenge. Cuqui Whitehead, 837 5`h Street, commended Mr. Burton on coordinating the Elite Wing Challenge. Nancy Fullerton, Lake County Water Authority Board, Alliance to Protect Water Resources and Clermont Chain of Lakes Water in Peril Initiative, provided a summary of the Hooks Street storm water project. Ms. Fullerton requested the City agree to pay for one-third of the $10,0000.00 appraisal cost. Mayor Turville expressed concern on not knowing the total project cost. Council Member Goodgame commented on the possibility of appraisals changing should the property market turn around. Mayor Turville stated his concern of the City sharing the cost of the appraisal and later unable to afford the remainder of the project. He would like to have Council be provided an engineered plan with total costs and a commitment from Lake County Water Authority and Lake County. Council Member Goodgame requested a workshop with Lake County Water Authority. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 Kimberely Rausch, San Jose's Original Mexican Restaurant, requested permission for alcohol consumption in the parking lot for a Cinco de Mayo celebration from 4pm to 8pm. Kings Ridge was not opposed and a letter from the President of the Kings Ridge Homeowners Association was presented. Sales would be inside the establishment and there would be a roped off tented area outside. Wrist bands will be provided and there will be a limit to the number of drinks a person can purchase. Council Member Goodgame questioned if there had been difficulties in the area in the past. City Manager Saunders commented there had been some complaints regarding noise. Mayor Turville was not opposed to allowing approval. Council Member Mullins moved to allow alcohol consumption in the parking lot; seconded ~ Council Member Hogan. City Manager Saunders expressed concern due to the fire lane and cars driving in the area. Ms. Rausch stated an off duty deputy had been hired and the property owner granted written permission for the event. The motio~assed with all members present voting"aye". Cuqui Whtiehead, Kiwanis Club, mentioned the prayer breakfast at the Wesley Center on May 7, 2009 at 7:15am. REPORTS City Manager Saunders provided several potential dates for a Council Workshop. Staff will contact Council and coordinate the workshop date. City Attorney Mantzaris - No report. Council Member Hogan commented on a survey being conducted by the Lake County Water Authority. The survey will be sent to the Cities and Council Members. Council Member Goodgame reported Lake County tourism tax was down 39 percent and the board will be cutting back on advertising. He reported there would be a public information meeting at Shepherd of the Hills from Spm to 7pm on May 12 to discuss widening U S Highway 27 from Lake Louisa Road to Cluster Oaks Drive. Council Member Mullins commented on the Downtown Partnership, St. Matthias Church and the Clermont Garden Club's successful sale. Council Member Thompson - No report. Mayor Turville reported on the Boys and Girls Club benefitting from the Elite Wing Challenge and how successful the event was. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 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-Event Request Request from Christian Men in Action for use of McKinney Park Christian Men in Action June 12`h through June 14"' for the second annual "Kick It Off' community event Item No. 2 -Event Request Request use of Waterfront Park for observation of the National National Day of Prayer Day of Prayer event on Thursday, May 7"' from 11:30am to 1:OOpm Item No. 3 -Purchase Approval Request authorization to purchase equipment and furniture for Fire Department Fire Station #3 in the amount of $44,846.00, currently funded in line items 16522.55204.3 Minor Equipment and 16522.66401.3 Capital Outlay-Equipment Item No. 4 -Payoff Approval Administrative Services Item No. 5 -Budget Amendment Administrative Services Request authorization to pay off Inland Groves North property loan - $5,782,778.00 Request approval of a budget amendment and League of Cities quote in the amount of $8,500.00 for the cost of an Actuarial Study for the cost of health and dental benefits for retirees Item No. 6 -Change Order No. 1 Request approval of Change Order No. 1 for the Cooper Library Marbeck Construction Relocation Project to Marbeck Construction in the amount of Cooper Library Relocation $6,000.00 Item No. 7 -Scope of Services Request approval of the Scope of Services, Task Authorization Boyle Engineering No. 11, Amendment #2, in the amount of $25,138.00, for Boyle Engineering Department Engineering to proceed with the renewal of the Consumptive Use Permit from St. Johns River Water Management District Item No. 8 -Resolution No. 1611 Subordination of Easement to DOT for Parcel No. 808.3 located Engineering Department near SR 50 and Grand Highway Item No. 9 -Change Order No. 1 Request approval of Change Order No. 1 for Well No. 6 to A.C. Engineering Department Shultes of Florida Inc. in the amount of $130,913.00 Council Member Thompson pulled items number four and seven. Council Member Goodgame pulled item number nine. Council Member Goodg~me moved to improve consent agenda items one two, three, five six and eight• seconded ~ Council Member Mullins The motion passed with all members present voting_"aye". 4 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 Council Member Thompson inquired as to the balance of remaining funds after paying off the Inland Groves North property loan. Administrative Services Director VanZile responded there would be $3.1 million remaining for the Community Center. Council Member Thompson inquired how much had been spent to date for the City's Consumptive Use Permit. City Manager Saunders responded approximately $77,000.00. Engineer Richardson commented the City expects $125,000.00 for the final cost. Council Member Goodgame inquired how deep Well Number 6 would be drilled. City Engineer Richardson stated the cased well would be 900 feet deep. Council Member Goodgame moved to approve consent items four, seven and nine; seconded ~ Council Member Mullins The motion passed with all members present voting"a~e". UNFINISHED BUSINESS Ordinance 618-M -Final Hearing Mayor Turville read Ordinance 618-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 Element of the Comprehensive Plan; 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 effective date. Planner Barbara Hollerand presented the ordinance adopting changes to the Capital Improvements Element of the Comprehensive Plan. The Florida Statutes require annual updates to local governments' Capital Improvements Elements. This will satisfy the requirement for 2008. At the Planning and Zoning Commission meeting held on April 7, 2009, the Commission voted unanimously to recommend approval of the comprehensive plan amendment to the City Council and staff recommends approval. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Ordinance 618-M• seconded by Council Member Goodgame The motion passed with a 5 to 0 roll call vote. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 Mayor Turville called for a ten minute recess at 8:32pm. The meeting reconvened at 8:41pm. Resolution 1612 -Tuscany Village (Sam 's Club) Mayor Turville read Resolution 1612 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit for a Planned Unit Development and to include a 137,000 square feet rental building on the west side of Hammock Ridge Road. Planning Director Jim Hitt presented the Conditional Use Permit. The property is located on the north and south corners of the west side of the intersection of U.S. Highway 27 and Citrus Tower Boulevard. The request is for a Conditional Use Permit fora 137,000 square foot Sam's retail store with a 3,000 square foot car wash and a 180 square foot kiosk. The parcel is 57.1 acres and zoned Planned Unit Development. There are four variances associated with the request: (1) Allow for a grading cut and fill up to 19.4 feet rather than the maximum fifteen foot cut and fill, as required by Section 94-195 of the Clermont Land Development Code. Staff recommendation is for approval. (2) Allow fora 137,000 square foot retail building, rather than the maximum 100,000 square feet, as required by Section 122-204 (a) (1) of the Code. Staff recommendation is this may not be appropriate. (3) Allow less than one parking space per 200 square feet, rather than the minimum of one space per 200 square feet, as required by Section 98-14 of the Code. Staff recommendation is for approval. (4) Allow for additional wall signage, as required by Section 102-15(a) (1)b of the Code. Staff recommendation is for approval, provided the 200 square foot maximum is adhered to. Council Member Goodgame advised the public and the Council on meeting with Mr. Ritchey to discuss the lower part of the development which is not part of the current application but is part of the prior Conditional Use Permit. Applicant Steve Richey provided an overview of the project and commented all the conditions and terms from the prior Conditional Use Permit are in the current Conditional Use Permit. The 137,000 square feet is a reduction from the approved Planned Unit Development. They met with the Spring Valley Homeowners Association regarding trucks and deliveries, which will be away from the subdivision. There are some nearby residential homes which will be appropriately screened. Laura Oddie, Cochrane Engineering, provided information on the Sam's Club site and the two access points. An additional five feet of grading cut is requested as the original plans were for multiple tenants. Architect Aysha Moore explained the design of the building which includes awnings, archways and varied elevations. The placement of the additional wall signage was reviewed. Ciry of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 Mayor Turville opened the public hearing. Ed Pantaleon, attorney for Celebration of Praise, spoke regarding a prior cross access road agreement and was opposed to deleting the internal road. Cuqui Whitehead, 837 5"' Street, was opposed to the project. Mr. Gravis, Shepherd of the Hills Church, spoke in favor of the project. John Bethel, spoke in favor of Sam's Club. Mayor Turville closed the public hearing. Mayor Turville was opposed to the proposed project. Council Member Goodgame inquired about the elimination of the cross access road. Mr. Ritchey stated he had initiated a traffic study to see if the road would be necessary. City Manager Saunders stated the City has not reviewed the traffic study associated with the project and the cross access road is still part of the plans. Council Member Mullins questioned the grading cut. Ms. Oddie stated some of the grading cut is eleven foot, however most of grading cut is six feet more than the current existing grading cut. Council Member Mullins commented he was in favor of the project as the cross access road is not being eliminated. Council Member Goodgame requested the installation of landscaping be included as a condition. Mr. Richey commented they would be installing landscaping along Highway 27, landscaping and lighting along Hammock Ridge Road, re-establishing a four to one slope on all of the area and will re-seed and establish grass in the slope area. Council Member Mullins moved to adopt Resolution 1612 with the additional lan~ua~e concerning the renovation of the vacant land on the eastern parcel• seconded b~Council Member Goodgame. City Manager Saunders commented on some clarifications Council needed to be aware of before moving forward. The original site plan is different from the current site plan under review. The architectural design is different from the original site plan which was approved as a Planned Unit Development. The building will be sitting on top of the hill when viewed from Highway 27 instead of tucked into the hill. The top of the wall is in close proximity to residential area property lines and the backside of the building will be visible. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 28, 2009 City Engineer Richardson requested the retaining wall and four to one slope be at staff discretion. Mr. Richey was in agreement with the provision of being subject to staff approval. The motion gassed 4 to 1, with Mayor Turville opposed. Variance Request- Tuscany Village (Sam's Club) Council Member Goodgame moved to accept the variance request; seconded by Council Member Mullins. Mayor Turville stated he was opposed to the variance request. Council Member Thompson was opposed to the square sign on the front of the building. Council Member Goodgame amended the motion to include deleting the sign. Council Member Mullins agreed to the amendment. The motion passed 4 to 1, with Mayor Turville opposed. Letter Approval - St. Johns River Water Management District Council Member Mullins presented a letter to send to St. Johns River Water Management District for Council approval. Council Member Goodgame moved to approve sending the letter seconded by Council Member Hoogan• Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 10:25pm. APPROVED: ~~ . ~~ . arold S. Turville, Mayor ATTEST: ~f ' ~ ,~J Tracy Ackroyd, City Clerk 8