CITY COUNCIL MEETING MASCOTTE, FLORIDA

Transcription

1 CITY COUNCIL MEETING MASCOTTE, FLORIDA MONDAY, MAY 4, :30 P.M. COUNCIL CHAMBERS TEDDER-THOMAS MEMORIAL CIVIC CENTER 121 N. SUNSET AVE MASCOTTE, FLORIDA MINUTES CALL TO ORDER: Mayor Felix Ramirez called the May 4, 2009, Regular Meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE & INVOCATION: Mayor Pro Tem Elmore gave the invocation followed by the Pledge of Allegiance. ROLL CALL: Present: Council Member Barbara Krull Council Member Mary Marquard Mayor Felix Ramirez Council Member Brenda Brasher Mayor Pro Tem Stephen Elmore Also Present: Marge Strausbaugh, City Manager Steve Allen, Public Safety Director Randy Brasher, Public Safety Asst. Director Art Bisner, Deputy City Manager Robert Holland, Public Services Director Bea Meeks, Economic & Development Director Michelle Hawkins, Acting City Clerk Virginia Cassady, City Attorney

2 1A. Minutes of Previous Meetings: Approval of the April 20, 2009 Council Meeting Minutes Council Member Krull stated that she has one correction on page four she voted against the water rate increase. City Manager Strausbaugh stated that it will be corrected. Mayor Pro Tem Elmore moved to approve the April 20, 2009 Council Meeting Minutes. Council Member Marquard seconded the motion. Council Member Krull Council Member Marquard Mayor Ramirez Councilmember Brasher Mayor Pro Tem Elmore 2. Public Comments: There were none. 3A. Presentations: Gary Mitton-SS Mascotte Replica Gary Mitton approached the podium to speak to council. City Manager Strausbaugh stated that Gary Mitton brought in the SS Mascotte replica in the past, but now Gary Mitton has placed the replica in a case along with some history regarding the SS Mascotte, which will be placed at City Hall. Gary Mitton stated that this project actually started in late 2006, where information was being gathered about the ship. Gary Mitton stated that he began building the ship in July 2007, and finished building the ship July Gary Mitton stated that there was a delay in finishing up the project for he was trying to get information of the last two years of the SS Mascotte, finally this spring he received information as to what had happened to the ship. Gary Mitton uncovered the display case for Council, staff, and the audience to view. City Manager Strausbaugh thanked Gary Mitton for his hard work. Council Member Krull stated how nice the project turned out. Council Member Marquard stated how amazed she was. Mayor Pro Tem Elmore thanked Gary Mitton for his hard work on this project. Mayor Ramirez thanked Gary Mitton. City Manager Strausbaugh stated that the display case will be placed at City Hall. Page 2

3 3B. Presentations: Fire Department- Building Project Completion City Manager Strausbaugh stated that the City wanted to show their appreciation for all the hard work that the fire department did in the renovation of the fire department. City Manager Strausbaugh gave an introduction as to the condition of the fire dept facility and then deferred to Chief Brasher who explained the process of renovating the building he estimates is approximately 30 years old. The renovations were made as a result of mold and other conditions associated with sick building syndrome. Chief Brasher introduced fire personnel: Bill Snyder, Dan Rivenbark, Dale Story, Eric Tisdale, Steve Lang, Blake Allred, Frank Patterson, Chad Perry and Teddy Konrath. Chief Brasher stated that with the overall cost of the whole project; the fire personnel saved the City approximately $26,000. City Manager Strausbaugh stated that the building is now a sound building with working quarters; the building is a lot more functional. City Manager Strausbaugh stated that she appreciates all the hard work that the fire department did on the renovation of the building. Chief Brasher also noted the help Public Service provided during the renovations. All Council members applauded and thanked the Fire Department for all of their hard work. Chief Brasher also acknowledged Jan Otero who had arrived after the earlier introduction. City Manager Strausbaugh stated that there will be something in their file thanking them for this project, and the dedication to the City. 4A. Public Hearings: Sunset Avenue PD&E Study Submittal City Manager Strausbaugh stated that this the final presentation for the Sunset Avenue PD&E study project. This meeting was advertised for the public. There are two representatives from DRMP to go over the project. Ralph Bove the Vice President of Dyer, Riddle, Mills, & Precourt, Inc. (DRMP) approached the podium to address Council regarding this project. This presentation is to recap the project; show where the project is, and the recommendations. Ralph Bove stated that this project is funded by Lake County, for the study and design. Lake County has already set aside funds for the next phase of this project, which is the construction phase. Ralph Bove stated that this has been a collaborative effort by DRMP, the City, and the County. Page 3

4 Ralph Bove acknowledged that Noble Olasimbo, from Lake County Public Works was present on the County s behalf. Ralph Bove went through a PowerPoint for Council, staff, and audience giving an overview of the project, along with past public workshop, and comments that came from the citizens. Items that were brought up were speed limits, drainage, and lighting. Ralph Bove stated that Council will need to vote on this which would allow the project to proceed to the next phase, which would allow for permitting of this project. Ralph Bove presented the recommendation: Sunset Avenue, South of SR 50 Increase lane widths Add shoulders and sidewalks. The sidewalks will only be on the east side of road, due to the size of the road, and having everything fit within the public right of ways. Sunset Avenue, North of SR 50 Increase lane widths Add shoulders There will be sidewalks on both sides of the road. PowerPoint had a visual of what the road would look like after the improvements. Ralph Bove stated that on the state road 50 intersection DRMP had indentified a need to improve the turn lanes on the east and west direction. DRMP also indentified that the Florida Department of Transportation will start a resurfacing project on state road 50, so on behalf of the city DRMP prepared a request to the Florida Department of Transportation to include the turning lanes on the resurfacing project. In a week FDOT responded back stating that they would include the turning lanes in their resurfacing project, and that they will fund that. Ralph Bove stated that the resurfacing of Sunset Avenue will probably be around the same time as the resurfacing of SR 50. Mayor Ramirez opened the floor for Council questions, and or comments. Mayor Pro Tem Elmore stated that he would have like to see the road a little wider South of 50, but he understands that the road is not big enough due to the lake, and the existing homes. Mayor Ramirez questioned the truck traffic, as that has been a concern for some of the residents. Ralph Bove stated that perhaps the City/County can have some signage posted for no trucks, and try to move the trucks onto 33 from SR 50. Mayor Ramirez opened the floor for public comments. There were no public comments. Page 4

5 Mayor Pro Tem Elmore moved to approve the Sunset Avenue PD&E Study Submittal; Council Member Krull seconded the motion. Mayor Pro Tem Elmore Councilmember Brasher Mayor Ramirez Council Member Marquard Council Member Krull The regular council meeting was recessed to move to the Local Planning Agency meeting. LOCAL PLANNING AGENCY A. Comprehensive Plan Consistency review of Ordinance amending various sections of the Land Development Code pertaining to Site Plans. City Attorney Cassady stated that when the City makes any changes in their Land Development regulations, the first step is to make sure that those changes are consistence to the Comprehensive Plan. City Attorney Cassady stated that she has reviewed the Comprehensive Plan regarding this Ordinance, and this is not in the Comprehensive Plan, and that this Ordinance is consistence with the Comprehensive Plan. City Manager Strausbaugh stated that the issue is just extending the time or expiration of approved development plans due to the slowdown of the economy. LPA Member Elmore questioned if there is a down side to this. City Attorney Cassady stated no, and with the down turn of the economy this is great to do this. City Manager Strausbaugh stated that the job of the Local Planning Agency is to vote that this ordinance is consistent with the Comprehensive Plan. LPA Member Marquard motioned that Ordinance amending various sections of the Land Development Code pertaining to Site Plans is Consistent with the Comprehensive Plan. LPA Member Elmore seconded the motion. LPA Member Krull LPA Member Marquard LPA Member Ramirez LPA Member Brasher LPA Member Elmore Page 5

6 LOCAL PLANNING AGENCY B. Comprehensive Plan Consistency review of Heron s Glen Developers Agreement. City Manager Strausbaugh stated that the second item is the Heron s Glen Developers Agreement. This development is a Planned Unit development, which allows for a second option consisting of manufactured homes. It does limit the RV s to 150. In the agreement the fire station and sewer were added. The developer will be doing a market study. City Manager Strausbaugh stated that the Local Planning Agency is voting that this agreement is consistent to the Comprehensive Plan. LPA Member Elmore motioned that the Heron s Glen Developers Agreement is consistent to the Comprehensive Plan. LPA Member Brasher seconded the motion. LPA Member Krull LPA Member Marquard LPA Member Ramirez LPA Member Brasher LPA Member Elmore The Local Planning Agency Meeting has ended. Regular Council meeting resumed. 5A. Public Hearings- Ordinance First Reading of Ordinance amending various sections of the Land Development Code pertaining to site plans. City Attorney Cassady read title of the ordinance: ORDINANCE NO AN ORDINANCE OF THE CITY OF MASCOTTE, FLORIDA, AMENDING VARIOUS SECTIONS OF THE LAND DEVELOPMENT CODE TO PROVIDE THAT APPROVED PRELIMINARY SITE PLANS SHALL BE AUTOMATICALLY VOIDED IF THE FINAL SITE CONSTRUCTION PLANS ARE NOT APPROVED WITHIN THREE YEARS; AMENDING VARIOUS SECTIONS OF THE LAND DEVELOPMENT CODE TO PROVIDE THAT APPROVED FINAL SITE CONSTRUCTION PLANS SHALL BE AUTOMATICALLY VOIDED IF CONSTRUCTION HAS NOT COMMENCED WITHIN THREE YEARS FROM THE DATE OF FINAL SITE CONSTRUCTION PLAN APPROVAL; PROVIDING SEVERABILITY, CODIFICATION, AND CONFLICTS; PROVIDING AN EFFECTIVE DATE; PROVIDING RETROACTIVE APPLICATION OF THE Page 6

7 ORDINANCE AFTER ITS ADOPTION TO PRELIMINARY SITE PLANS APPROVED PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE. City Manager Strausbaugh stated that this is the first reading. City Manager Strausbaugh stated that this basically takes the time of approved plans from expiring from one year to three years and at anytime Council can change that back. She added that the one year was rather aggressive and was in place due to the magnitude of development that was going on at the time. It made sure that projects moved along especially when capacities were being taken up. With the current stoppage of development projects it is now better to create a longer time for the plans to expire. City Attorney Cassady stated that the code allows the developer to come in 30days before the expiration, and ask for an extension, the burden is on the developer to ask for that extension. Mayor Ramirez opened the floor for public comments: There were none. Mayor Pro Tem Elmore moved to approve the first reading of Ordinance amending various sections of the Land Development Code pertaining to site plans. Council Member Krull seconded the motion. Council Member Krull Council Member Marquard Mayor Ramirez Councilmember Brasher Mayor Pro Tem Elmore City Manager Strausbaugh stated that the final reading and adoption will take place at the next council meeting. 6A. Resolution for Consideration and Action: Resolution Approval and Forward to the County the Sunset Ave PD&E Study. City Manager Strausbaugh stated that the resolution number is , not This is the resolution that approves the PD&E study, and this is what the County needs to proceed. City Attorney Cassady read the title of the Resolution: RESOLUTION A RESOLUTION OF THE CITY OF MASCOTTE, FLORIDA, APPROVING THE CITY OF MASCOTTE SUNSET AVENUE PRELIMINARY ENGINEERING STUDY REPORT DATED APRIL, 2009, ENDORSING THE IMPROVEMENTS CONTAINED THEREIN FOR IMPLEMENTATION BY LAKE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. Page 7

8 Council Member Marquard moved to approve Resolution Approval and Forward to the County the Sunset Avenue PD&E Study. Council Member Brasher seconded the motion. Council Member Krull Council Member Marquard Mayor Ramirez Councilmember Brasher Mayor Pro Tem Elmore 7A. Correspondence, Agreement, Communications, Petitions: Fire Assessment Study City Manager Strausbaugh stated that the attorney has recommended that in order for the City to do a fire assessment the City hires a company to do the study. City Manager Strausbaugh stated that she has attached the cost of the study, and she is asking for direction from Council. City Attorney Cassady stated that there are two aspects of this, first there is the study, and then there is implementing the assessment. This is something that the City does not want to mess up on, because then it can come back on the City. City Attorney Cassady stated that outside companies are experts with doing this kind of thing. They know all the required paper work that is needed in order to implement an assessment. City Attorney Cassady stated that there are two aspects of this. It is better to hire an outside company to collect the data. The outside company knows what all required paper work is needed in order to implement an assessment. Mayor Pro Tem Elmore stated that he is conflicted because of the cost of the study. City Attorney Cassady stated that the cost of the study can be pulled into the assessment fee, so in time the City will get this money back. City Manager Strausbaugh stated that this is a non budgeted item, so Council will have to approve a budget amendment, with the cost coming from General Fund Reserves. Mayor Pro Tem Elmore questioned if the City is required to have three bids. City Manager Strausbaugh stated no, because the City will be able to piggy back off the City of Tavares, who did a RSQ already. She added the company proposed was selected by Tavares and Minneola also selected that company. She added the company now has data of fire services in Lake County. Mayor Pro Tem Elmore asked that he would like for staff to make a few calls and check costs of other companies. City Manager Strausbaugh stated that staff can do that. Page 8

9 Council Agreed for City staff to move forward, and to also get a few more quotes from other companies and if those quotes were in the same neighborhood as this one to hire this company since they had worked with other Lake County cities. City Attorney Cassady stated that she is able to do this for the City, but it would cost the City more, and she knows that the City is trying to cut costs. City Manager Strausbaugh stated that this will be brought back to Council as a budget amendment. 7B. Correspondence, Agreement, Communications, Petitions: St. Johns River Water Management District Letter City Manager Strausbaugh stated that this letter is coming from the Lake County League of Cities, and they are asking for the City to back them on this letter. Public Services Director Holland gave a brief overview of the letter, and how St. John has issued another unfunded mandate. City Manager Strausbaugh stated that this one size fits all mentality does not work; every County and City is different. Council all agreed to move forward regarding the St. Johns River Water Management District Letter that was sent by the Lake County League of Cities. 8. Budget Amendments: There were none. 9. New Business: Property Cleanup via City Code City Manager Strausbaugh stated that there is a property that needs to be cleaned up, and the city will assess and try to retrieve the fee. She has attached the ordinance for Council, and she is asking Council to allow City staff to proceed to clean up the property. Public Safety Director Allen stated that the house is under foreclosure, and the owner of the home is in jail. City Attorney Cassady explained the process. All council members agreed and directed to have the property cleaned up. 10A. Site Plan Reviews: Heron s Glen- Proposed Amendments to plans. Mayor Pro Tem Elmore questioned if the word solid brick or stone look can be placed under the skirting portion of the agreement. City Manager Strausbaugh stated that can be changed. Page 9

10 Council Member Marquard questioned section H under the fire assessment fee, it states the fee is based on occupancy, and questioned if that was certificate of occupancy. She wanted to make sure that it is based on certificate of occupancy. City Attorney Cassady stated that Council Member Marquard raised a good point, so that needs to be changed to certificate of occupancy. Council Member Marquard stated that Section J needs to say the same thing with the certificate of occupancy. Council Member Marquard questioned on the same page letter (I) it states the development of a fire substation, but it does not state that the developer will be paying for that until later in the document, does it need to be in this section as well. City Manager Strausbaugh stated that the sections below that already states that and further defines how that will be done. She added Attorney Cassady added that language to meet that objective. City Attorney Cassady stated that there will be other agreements that will be needed such as impact fee credit agreement, police agreement, sewer agreement, and a pioneer agreement. City Manager Strausbaugh stated that the developer will need these items with the final construction plan in order to be approved by Council. Council Member Marquard moved to approve the amended Heron s Glen Developers Agreement. Mayor Pro Tem Elmore seconded the motion. Council Member Krull Council Member Marquard Mayor Ramirez Councilmember Brasher Mayor Pro Tem Elmore City Manager Strausbaugh stated that the developer will move forward and begin the market study. 11A. Unfinished Business: Water Project- Stimulus Funding Update City Manager Strausbaugh stated that this is just an update on stimulus money. The stimulus money that has been discussed is actually a loan, and the City can t take on anymore debt. This is not grant money it s just a very low interest loan and in actuality is a part of the State Revolving Loan program that the City is already working under. The stimulus funding of the SRL projects will increase the future State allocations at a time when the City may be ready for the funds once growth resumes to pay the debt. 12A. Report s and Request s- Mayor and City Council Council Member Brasher questioned the lot across the street on Sunset Avenue, she sees that it has been cleaned up a little, but there is still what looks to be garbage or junk on the property. Page 10

11 Public Safety Director Allen stated that unfortunately that is a grandfathered use, which allows the storage of things related to the construction trucks as well. He added he walked through the property and the items remaining are construction material used by the trucks that are there. Council Member Brasher stated that the City is trying to clean up the city, and it seems like it can t be done when you see property like that. She added even if a fence were put up it would look better. City Attorney Cassady stated that the City can do an ordinance for non conforming use properties to have some sort of fencing. City Manager Strausbaugh stated that if Council would like for her to write a letter to the owner stating the City Council s concern for the way it looks she would do that. She added it is a non-conforming use that the City allowed years ago in the residential neighborhood. She added she has had complaints and that was the end result of the research on the property. City Manager Strausbaugh stated that she will have Public Safety Director Allen go out and speak with the owner. Mayor Ramirez thanked the Fire Department for their hard work and dedication. Mayor Ramirez stated that Hollie from TEEN SAVE will help spear head a Memorial Day program here at the Civic Center on the 25 th of May in the afternoon. Mayor Ramirez stated that he would like the City to look at having a parade route. City Manager Strausbaugh stated that the Public Service Administrative Manager is working on a FRDAP grant for parks and trails and perhaps that can be included in that discussion and the design being done as a part of that grant project. Mayor Ramirez thanked the City Manager for the updates that Council has been receiving. 12B. Report s and Request s- City Manager City Manager Strausbaugh stated that at the next council meeting May 18 th there will be a short business meeting, and then a workshop meeting which will consist of SWOT analysis required for the South Lake County initiative. There will also be a midyear budget review. City Manager Strausbaugh stated that on Wednesday, May 6 th, 2009 at 4 p.m. there will be a ceremony for the Habitat home that is ready for the owners to move in. City Manager Strausbaugh stated that on May 13 th, a very important person was born, Mayor Pro Tem Elmore will be celebrating his birthday and she wished him a Happy Birthday in advance. Page 11

12 13. Adjournment: Council Member Krull motioned to adjourn meeting Council Member Marquard seconded the motion. Mayor Ramirez adjourned the meeting at 7:50pm. ATTEST: By: Felix Ramirez, Mayor Michelle Hawkins, Acting City Clerk Page 12