City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2005

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1 The Clermont City Council met in a regular meeting on Tuesday, 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 Renick. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Rev. Rick Van Wagner gave the invocation followed by the Pledge of Allegiance. City Council Meeting held March 22, 2005 and April 12, 2005 Council Member Goodgame moved to accept the minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Nancy Fullerton, 368 Montrose Street, requested Council write a letter of opposition for the Crystal Lake Planned Unit Development as it will impact the Clermont chain. Mayor Turville inquired if Council was interested in taking a position on this matter or to reiterate the letter already sent to St. Johns. City Attorney Mantzaris advised Council could make a recommendation of the Council s intent. Jimmy Crawford was present on behalf of his client. He noted that he does not have an issue with the letter Council previously sent to St. Johns, if Council plans to reiterate that message. Council Member Renick stated she would like the letter to address the density of the project. Mayor Turville asked staff to prepare a letter reflective of Council s intent and give Council the opportunity to review before the letter is sent out. Cindy Barrow informed Council that members of VOICE attended the Lake County Commission meeting. There were two (2) developments in the south Lake County area and both were tabled for 30 days until a study is conducted to determine where the kids would go to school. Mark Schaffer commented on a remark made by Council Member Ash related to the Black West vote as it relates to her comment on it not being the Council s responsibility to look out for the schools. He noted that the Council has a direct impact on what happens in the community. REPORTS City Manager Saunders advised Council a joint workshop has been set with the School Board for May 17, 2005 at 6:00pm. The next scheduled workshop will be determined at the next Council meeting. 1

2 City Attorney Mantzaris - No Report Council Member Goodgame - No Report Council Member Renick requested sending a letter to the elected officials in south Lake County to attend the joint workshop. City Manager Saunders stated he could notify all of the cities about the workshop. Council Member Mullins suggested they could attend as an audience participant just as a point of information. Council Member Mullins No Report Mayor Turville No Report Mayor Turville noted there are a few items that have been requested to be tabled by the applicants EPIC and Bosserman. Item 1 Epic Theatre Variance Request Council Member Mullins moved to table the variance request to May 10; seconded by Council Member Renick. The motion passed with all members present voting aye. Item 2 Ordinance 504-M Bosserman Council Member Renick moved to postpone Ordinance No. 504-M to August 23 with re-advertisement; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item 3 Ordinance 505-M Bosserman Council Member Renick moved to postpone Ordinance No. 505-M to August 23 with re-advertisement; seconded by Council Member Mullins. The motion passed with all members present voting aye. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING City Manager Saunders advised Council this is a repeat from the hearing on March 8 th due to the South Lake Press failing to advertise therefore requiring another first Public Hearing. Fred Fox reviewed the 4 options of filing for a Community Development Block Grant and the process. There are two (2) projects being applied for which are the Bloxam Stormwater Drainage project and Downtown Revitalization project. Mayor Turville opened the public hearing; there were no public comments. Council Member Mullins moved to proceed with the two (2) CDBG applications with priority being the Stormwater project on Bloxam followed by the Downtown Revitalization project; seconded by Council Member Renick. The motion passed with all members present voting aye. 2

3 Fred Fox conducted the Fair Housing Workshop advising the purpose is to let people know if someone feels they have been discriminated against, they can file a written complaint with the City. 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. 1. Event Request from Walking in the Spirit, Multimedia Group Inc. to use McKinney Park on May 14 th to host a Fun Day for youth in the community. Council Member Mullins moved to approve the consent agenda; seconded by Council Member Renick. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item 4 Ordinance 320-C Final Hearing Mayor Turville read Ordinance 320-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 102 Signs, Section Definitions; Section Enforcement; removal of unlawful signs; Section Construction and Maintenance Standards; Section Height and Setbacks; Section Permitted Signs; Section Changeable copy signs providing for severability; providing for an effective date; and providing for publication. Curt Henschel, Planner, gave a summary of the changes to the sign ordinance. Mayor Turville expressed concern with the change of occupancy amendment. Council Member Mullins concurred with Mayor Turville. City Manager Saunders noted this will allow the City to deal with the non-conforming signs to become conforming. Council Member Goodgame preferred to retain that section in the Ordinance. Mayor Turville opened the floor for public comments. Jim Purvis encouraged Council to approve the Ordinance as written. City Attorney Mantzaris suggested if Council has an issue with the language to allow staff to re-draft the Ordinance. City Manager Saunders requested approval. Council Member Mullins moved adoption of Ordinance 320-C minus section 102-3; seconded by Council Member Renick. The motion passed with all Members present voting aye. 3

4 NEW BUSINESS Item 1 Resolution 1434 Family Christian Center Mayor Turville read Resolution 1434 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No to allow for 1) the construction of a public park; 2) to allow for the addition of five (5) portable classrooms for an additional 8,640 square feet of space; 3) to remove the requirement for a sidewalk to be constructed adjacent to Highway 27; 4) to allow for pervious rather than impervious drive aisles for parking; and 5) to allow for the construction of a two-story multi-use building of approximately 50,000 square feet. Item 2 Variance Requests Family Christian Center Resolution 1434 and the variance requests for Family Christian Center will be heard collectively. Curt Henschel, Planner, briefed Council on the request. The applicant is Bill Griffith. The applicant proposes to install five (5) modular classrooms to serve as temporary structures until the master development plan is completed. There is also a proposed 3 acre public park facility along the south end of the property to include playground equipment for kids. A 50,000 square foot multi use building is part of the overall master plan for the church development which will be a permanent building to blend with the overall master site plan. The applicant requested two (2) variances associated with the Conditional Use Permit. One is to remove the public sidewalk requirement. With the widening of Highway 27, the sidewalk will be short lived and the applicant proposed to install a sidewalk after the widening of Highway 27 is complete. There is a condition that the sidewalk shall be in place within one (1) year of widening completion. The second request is to utilize pervious drive aisles within the grass parking areas. The applicant proposed to use other stabilized methods not considered impervious by city code. This area will also be affected by the widening of Highway 27. Staff recommended approval of the Conditional Use Permit and variances. Planning and Zoning Commission recommended a 4 year time limit on the modular units. City Manager Saunders clarified the 4 year time limit would have to be added as an amendment if Council desires. Applicant, Bill Griffith, Green Valley Blvd, was present to speak on the request. Mr. Griffith advised Council the park will be open to the community as well as the church members and will be fenced for protection. Furthermore, he noted his preference to not have the modular buildings any more than four (4) years. In reference to the sidewalk, there is no exact date of the widening of Highway 27. Council Member Goodgame stated he has no concern with grass parking, if only used for a few hours on the weekend. Mayor Turville opened the public hearing. Sylvia Payne was present to represent the seven (7) homeowners residing behind the church. She requested increasing the 4

5 buffer to 200 feet from 50 feet and questioned whether an environmental study had been conducted. Rick VanWagner, Pastor of Family Christian Center, was present requesting approval by the Council. Bill Van Wagner requested Council approve the requests. Marion Emerson lives south of the church property. She expressed concern with access to the park that will be available to the community. Mayor Turville closed the public hearing. Council Member Mullins inquired if the applicant would consider relocating the grass parking lot to the north side to save trees. Mr. Griffith noted that it could be considered however, he would have to consult with their engineering firm. Council Member Renick voiced preference for grass parking and agreed with Council Member Mullins to maintain the tree buffer. Council Member Goodgame requested the grass be replaced in the event the parking of cars kills the grass. Mayor Turville questioned whether an environmental survey is required and a solution to the request to increase the buffer. City Manager Saunders confirmed an environmental survey will be required prior to excavating the area. Furthermore, the 50 foot buffer was approved with the original Conditional Use Permit. Mayor Turville commented on the grass parking request as opposed to paved and the access to be sod instead of paved. City Manager Saunders remarked that request could be granted as apart of the variance at this meeting. The Council could grant all or a portion of that as grass parking. Furthermore, Family Christian Center will be returning at a later date to amend the CUP with a final master plan for the site. At that time, if there is an apparent problem with the grass parking, Council would have another opportunity to address it. He, also, commented on the suggestion by the Planning & Zoning Commission for the 4 year time limit on the modular buildings. Council Member Mullins did not agree to condition the modular buildings, if Council has not done so previously. City Manager Saunders noted their intent is for the modular buildings to be short term. Council Member Renick moved approval of Resolution No as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Renick moved approval of the variance requests; seconded by Council Member Mullins. The motion passed with all members present voting aye. Under discussion, the intent of the motion is to allow for grass parking and grass access to that site. 5

6 Item 3 Utility Agreement Barrington Estates Assistant City Manager, Darren Gray, introduced the Utility Agreement to Council. The applicant is requesting water and sewer service to a 247 lot residential subdivision. The property is located within the City of Clermont s water and wastewater service area. The project is located west of CR 561 and south of Pine Island Road. The property was rezoned from Agriculture and R-6 to PUD in September 2003 by Lake County and has a Transitional land use assigned to it. The project must meet Lake County s Comprehensive Plan land use criteria for timeliness in order to move forward with the residential development. The utility connection point for the project would be at 12 th Street and C R 561 which is 5.5 miles from the project location. The City Engineer has stated the utility line route would be along CR 561. The entire route to the property is within the Lake Utilities water service area and the majority of the developments along the route area already served by Lake Utilities. Therefore, there would be no opportunity to increase the customer base. Also, the West Side Potable Service System has not been designed to transport water to this area and may require significant upgrades. Staff recommends denial of the request due to significant operation and maintenance problems associated with the utility connection. Steve Richey was present on behalf of the applicant. He noted that part of the property is in the City s 180 District. Lake Utilities does have utilities available and they are in their service area. Mayor Turville questioned if anyone is being served from the South Lake Connector. City Manager Saunders stated the City is proposing to serve the area at the intersection of Lake Louisa Road and Lakeshore Drive however there will not be any infrastructure until the South Lake Connector is built. That is the reason the City Engineer did not consider that a connection point at this time. Mayor Turville opened the public hearing. Cindy Barrow commented on Pine Ridge Elementary having water problems which is served by Utilities Inc. and is concerned about them not having tanks in the ground to service the area. City Manager Saunders informed Council there is an additional water plant approved adjacent to the school not yet constructed. Nancy Fullerton, on behalf of Friends of the Green Swamp, voiced concern about the request. Steve Richey clarified that Bob Shaker, property owner, owns 350 acres with 248 houses on 140+ acres approved in the Planned Unit Development. The remainder of the property is at 1 dwelling unit per 5 acres which will be the density and intensity of serving water, if the City of Clermont chooses to serve it. Mayor Turville closed the public hearing. Council Member Renick moved to deny the Utility Agreement for Barrington Estates; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item 4 Water Alliance Agreement Mayor Turville read title of Agreement aloud. 6

7 Interlocal Agreement among Lake County and Town of Astatula; City of Clermont; City of Eustis; City of Fruitland Park; City of Groveland; Town of Howey-In-The-Hills; Town of Lady Lake; City of Leesburg; City of Mascotte; City of Minneola; City of Montverde; City of Mount Dora; City of Tavares; and City of Umatilla; relating to formation of a Water Planning Alliance City Manager Saunders advised Council that representatives of most Lake County cities have held meetings in an effort to form an alliance to help plan for efficient provision and utilization of water resources, new and alternative water supplies, and act as a unified voice before the St. Johns River Management District. The City s Consumptive Use Permit requires we identify and work with partners toward a regional water supply plan. This inter local has already been adopted by several cities. This alliance will facilitate the request for funding from the SJRWMD for a study of the water supply and needs of Lake County and its municipalities. Staff recommends approval. Also, the Council should appoint a Council Member to the Alliance Board. Council Member Renick questioned why the Lake County Water Authority was excluded. City Manager Saunders responded it was a point of discussion at several of the meetings. Once the Board is formed, the Board will have the ability to invite other members. Council Member Renick requested to be appointed to the Board. Jimmy Crawford, Attorney for Lake County Water Authority, was present. He advised Council the Water Authority Board would like to participate in this organization or at a minimum, as an advisory role. Council Member Mullins moved to accept the agreement; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Mayor Turville called for a recess at 9:39 pm; the meeting was reconvened at 9:56 pm. Council Member Goodgame moved to appoint Council Member Renick as our representative for the Inter local Agreement; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item 5 Statement of Qualifications for Design/Build services for the Restoration of Historical Buildings City Manager Saunders briefed Council that staff advertised requests for qualifications for Architectural firms to assist the City with restoration of the old Cooper Library as well as the Depot. The City received three (3) responses. The Council heard presentations from them at a workshop. The next step is to rank the firms then negotiate a contract with the top ranked firm to provide those services. If unsuccessful with the top ranked firm, then staff will move on to the second ranked firm. Council Member Mullins liked all 3 firms and prefers to rank based on closest location to Clermont therefore, recommended first choice to Pyke & Hoffman, second to Marbek & Gatorsktch and third to Renker. Council Member Renick agrees to hire a firm closest to Clermont. Furthermore, Ms. Renick remarked that she has hired Denise Pyke personally and she is very professional and inquired if it would be a conflict. 7

8 City Attorney Mantzaris advised that it would not be a conflict. City Manager Saunders noted that staff ranked the firms the same as Council Member Mullins. Council Member Mullins moved to rank the 3 contractors for discussion with the City Manager starting with Denise Pyke & Hoffman; if not successful then Gatorsktch & Marbek and if not successful then Renker; seconded by Council Member Renick. The motion passed with all members present voting aye. Joy England advised Council of historic preservation grants available to the City. Bill Banzhaf, Downtown Partnership, inquired about what the firm will actually do. City Manager Saunders explained the scope of services are developed by the City. A firm is hired to help the City look at options of what can be done with restoration then the plan will be brought back to the Council for approval. Item 6 Ordinance 514-M Introduction Mayor Turville read Ordinance 514-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of the north fifteen (15) feet of the right-of-way-in tract 56, Lake Highlands Co; a portion of the east fifteen (15) feet of tract 56, Lake Highlands Co; the east fifteen (15) feet of tract 55A, the south fifteen (15) of tract 55, the west fifteen (15) feet of tract 55B, the south fifteen (15) feet of tract 55B lying easterly of State Road 25 and a thirty (30) foot reservation as recorded in deed book 71, page 209, Lake Highlands Company, as recorded in Plat Book 2, page 25 of the public records of Lake County, Florida, repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Council Member Mullins moved introduction of Ordinance 514-M; seconded by Council Member Renick. The motion passed with all members present voting aye. Item 7 Ordinance 515-M Introduction Mayor Turville read Ordinance 515-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning the fifteen (15) foot wide permanent easement and right-of-way on a portion of tract 60, Lake Highlands Company per official records book 330, page 262; a fifteen (15) foot wide drainage easement on a portion of tract 60, Lake Highlands Company per official records book 339, page 762, and that portion of a fifteen (15) foot wide right of way adjacent to, and parallel with tracts 53A and 60, Lake Highlands Company according to the plat thereof as recorded in plat book 2, page 25, public records of Lake County, Florida, repealing all Ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. 8

9 Council Member Mullins moved introduction of Ordinance 515-M; seconded by Council Member Renick. The motion passed with all members present voting aye. Item 8 Council Appointments City Manager Saunders recommended appointment of Planning Director, Jim Hitt, to the Lake County Metropolitan Planning Organization, Technical Advisory Committee. Council Member Mullins moved to appoint Jim Hitt, Planning Director; seconded by Council Member Renick. The motion passed with all members present voting aye. Council Member Ash is appointed as the elected official to the MPO Board. The MPO has requested the Council appoint an alternate member in case Council Member Ash cannot be present. Council Member Renick moved appointment of alternate to MPO to Council Member Goodgame and if he cannot attend then whoever can be present from the Council; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville advised this is the end of the published agenda and opened the floor for any comments. ADJOURN: With no further comments, the meeting was adjourned at 10:20pm. ATTEST: APPROVED: Mayor Harold Turville Tracy Ackroyd, City Clerk 9