CITY COUNCIL MEETING MASCOTTE, FLORIDA MONDAY, JANUARY 7, 2008 6:30 P.M. COUNCIL CHAMBERS TEDDER-THOMAS MEMORIAL CIVIC CENTER 121 N. SUNSET AVE MASCOTTE, FLORIDA MINUTES CALL TO ORDER: Mayor Felix Ramirez called the January 7, 2008, Regular Meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE & INVOCATION: Council Member Elmore gave the invocation followed by Mayor Ramirez leading the Pledge of Allegiance. ROLL CALL: Present: Council Member Barbara Tillman Mayor Felix Ramirez Council Member Brenda Brasher Council Member Stephen Elmore Absent: Mayor Pro-tem Mary Marquard-Excused out of the country Also Present: Marge Strausbaugh, City Manager Bea Meeks, Building & Development Director Randy Brasher, Fire Chief Steve Allen, Police Chief Robert Holland, Public Services Director Art Bisner, Finance Director Michelle Hawkins, Assistant City Clerk Motion to bring the Agenda to the Table: Council Member Tillman moved to bring the Agenda to the table; Council Member Stephen Elmore seconded the Motion. The motion passed unanimously. Minutes of Previous Meetings: December 17, 2007 Regular Council Meeting Council Member Elmore moved to approve the December 17, 2007 regular council meeting minutes. Council Member Tillman second the motion. The motion passed unanimously with a roll call vote
Council Member Tillman Council Member Brasher Council Member Elmore Mayor Ramirez Public Comments: Carolyn Bagony approached the podium to address the Council. Carolyn Bagony stated to Council that the City Hall staff is very dedicated, hard workers, and return calls in a timely manner. It has been a privilege working with the staff, and that she hopes that the staff is around for a long time. Carolyn Bagony thanked council and staff. Council thanked Carolyn Bagony for her comments. Mayor Ramirez stated that Council truly values the City employees, adding that they are the best. He stated Council plans on keeping the staff for a long time. Richard Collins approached the podium to address the Council regarding the Gem-of-the-hills multicultural health fair. Richard Collins stated that the health fair will be on February 23, 2008 at Jenkins auditorium in Clermont from 10:00-3:00 this is a free health fair. Council Member Elmore questioned if there are any flyers that the City can have to post at City Hall. Richard Collins stated that the flyers are currently being done. Mayor Ramirez stated that the City will do their best to circulate the information that was discussed by Richard Collins. Mayor Ramirez thanked Richard Collins. Mike Holt approached the podium to address Council. Mike Holt stated that he thought he was on tonight s agenda. Mike Holt stated that he is the property owner of 47 W. Myers Blvd., and he has found out from the City that he is unable to rent his property as residential, it can be rented as commercial, and that is a problem. With the economy being down this puts a burden on property owners in Mascotte. Mike Holt stated that the City is not working with him or the citizens of Mascotte. Mayor Ramirez stated that he disagrees with Mike Holt in regards to the comment that was made about the City not working with the citizens. Mayor Ramirez stated that Council will have to get more information regard his situation, and turned to City Manager Strausbaugh to speak on this topic. Page 2
City Manager Strausbaugh stated that Mike Holt was on the December 17, 2007 agenda, as he requested to be. City Manager Strausbaugh gave a brief synopsis, and explained how the new code does not allow this, and that Mike Holt is correct to state that with slow development, that the City does need to do something. City Manager Strausbaugh stated that the City will be reviewing Mike Holt s situation and will get back with Mike Holt. City Manager Strausbaugh stated that staff had reviewed this matter in depth as it had been an issue in the downtown Highway 50 area where there were a few houses left. She stated in the old code there was no way to allow residential use in a commercial zone. She added the new code and land uses specifically address that the main use be commercial but with mixed use an apartment over a store could be allowed as it was a support of the commercial use. She added staff agrees that the houses should be rented out temporarily until the properties are developed. She stated as she told Mr. Holt, the City was looking into whether it could be done by the Planned Unit Development process through an agreement. She stated until the code was updated this could not be done, adding staff was working on the update. She added that if the comp plan didn t deny the residential use the City would do their best to work with these property owners to be able to rent the houses out on a temporary basis. Mayor Ramirez, and Council thanked Mike Holt for his comments, adding that the City will be looking into this matter. Presentations: Outstanding Employee Award Fire Chief Brasher approached the front to give the outstanding employee award to Jan Otero. Fire Chief Brasher explained that there was a house that caught on fire in Mascotte, and the fire department helped restore the house. This award is given to Jan Otero, because he headed this project. Fire Chief Brasher thanked Jan Otero, and the City wanted to show how much they appreciate all of his hard work. This plaque will be posted in City Hall. Council Member Tillman congratulated Jan Otero. Council Member Brasher stated that Jan Otero is one of the most dedicated employees. Jan Otero is not just concerned with the fire department, but with the community. Council Member Brasher stated that Jan Otero is currently in school to be a paramedic as well. Council Member Elmore stated that Mr. Otero s hard work is very much appreciated, and thanked him. Mayor Ramirez stated that Council will always support Mr. Otero, and that it appreciated him. Council shook Jan Otero s hand and pictures were taken. Page 3
Jan Otero thanked everyone, and stated that this could not be possible without the other staff s help, and the support of Council, and City Manager Strausbaugh. City Manager Strausbaugh gave a brief background of this award, and what it entails, stating the award is given out to an employee that goes above and beyond what is expected of them doing their daily jobs. City Manager Strausbaugh stated the City is very proud of not only Jan Otero, but the fire department for their hard work in this project, and for helping this family of the Mascotte community. Public Hearings-Ordinance First Reading: Diocese Property First reading of Ord. 2007-12-458 Rezoning of Catholic Attorney Cassady gave the first reading of Ordinance 2007-12-458 as follows: AN ORDINANCE OF THE CITY OF MASCOTTE, FLORIDA, AMENDING ORDINANCE NO. 2007-07-442 BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE, BY CHANGING CERTAIN REAL PROPERTY GENERALLY LOCATED ON MYERS BOULEVARD (A/K/A HIGHWAY 50), LEGALLY DESCRIBED AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM ITS PRESENT ZONING CLASSIFICATION OF CITY OF MASCOTTE COMMERCIAL GENERAL TO PLANNED UNIT DEVELOPMENT (PUD-DOWNTOWN MIXED USE) ZONING CLASSIFICATION; APPROVING A DEVELOPER S AGREEMENT BETWEEN THE OWNER OF THE PROPERTY (WITH ANY APPROPRIATE JOINDERS) AND THE CITY OF MASCOTTE; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MASCOTTE, FLORIDA: City Manager Strausbaugh stated that the first order of business is to let the public know that this matter was heard first at the LPA meeting early this evening, and they have recommended the rezoning be approved by the City Council. This property is in the commercial district, it is where Disco Rafas nightclub is located, and it has been sold to the Catholic Diocese of Orlando. Mayor Ramirez entertained Public Comments: Charles Kelley who resides at 1042 E. Myers approached the podium to address the council on this matter. Page 4
Charles Kelley stated that as a nightclub it was very noisy. Charles Kelley questioned if this was actually going to be a church. Council members all stated yes. City Manager Strausbaugh stated that the Disco Rafas building will be renovated and converted to a church. There were no further public or council comments stated. Council Member Elmore moved to approve first reading of Ordinance 2007-12-458 rezoning of the Catholic Diocese property. Council Member Brasher second the motion. The motion passed unanimously with a roll call vote Council Member Tillman Council Member Brasher Council Member Elmore Mayor Ramirez City Manager Strausbaugh stated the second and final reading will be on Feb. 4, 2008 Public Hearings-Final Readings and Adoption Consideration: There are none scheduled Public Hearings-Other Matters: There are none scheduled Resolutions for Consideration and Action: Resolution 2008-01-392 Florida League of Cities Opposition of the Proposed Tax Reform. Attorney Cassady read Resolution 2008-01-392 as follows: RESOLUTION NO. 2008-01-392 A RESOLUTION OF THE CITY OF MASCOTTE, FLORIDA FINDING THAT COMMUNICATING THE FLORIDA LEAGUE OF CITIES REASONS FOR OPPOSITION TO THE PROPOSED CONSTITUTIONAL AMENDMENT SERVES A PUBLIC PURPOSE; THAT THE DISSEMINATION OF INFORMATION CONCERNING THE IMPACTS OF THIS AMENDMENT ON THE CITY OF MASCOTTE IS ESSENTIAL TO THE HEALTH, SAFETY, PROTECTION AND WELFARE OF ITS CITIZENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Page 5
City Manager Strausbaugh stated that the Florida League of Cities has put some information on the proposed tax reform out for the public, and to keep the public well informed. This is just a resolution that documents why council has the right to have this information out for the public. Mayor Ramirez questioned the steps the city will be doing to inform the citizens of Mascotte of this tax reform issue. City Manager Strausbaugh stated that the City can post the information on the website. The city has sent a lot of information in the past regarding this issue in the annual City Manager report that was mailed to the citizens. City Manager Strausbaugh stated that if Council would like to send out information to the citizens, then the Council will have to direct the staff to do so, since it is not budgeted and will incur a postage cost. Mayor Ramirez stated that he encourages the City to inform the citizens with some type of letter regarding this tax reform. Council Member Elmore suggested either a letter or a note on the bottom of the water bills directing the citizens to view the website regarding the tax reform issue would be good. City Manager Strausbaugh stated there will be no time to have that noted on the water bills, since the bills don t go out until the end of the month. All Council Members agreed adding it would be good for City staff to send out letters to citizens regarding the tax reform that will be on the January 29, 2008 ballot. Council Member Tillman moved to approve Resolution 2008-01-392 Florida League of Cities opposition of the proposed tax reform. Council Member Elmore seconded the motion. The motion was approved unanimously on roll call vote. Council Member Tillman Council Member Brasher Council Member Elmore Mayor Ramirez Correspondence, Agreement, Communications, Petitions: Lake-Sumter MPO- Designation of State Road 50 Corridor for Study of Mass Transit. City Manager Strausbaugh stated this is just a formality to help the Lake Sumter Metropolitan Planning Organization (MPO) with their funding. It lets them know that the City supports them. Public Services Director Holland gave a brief explanation of the plans that MPO has for mass transit in the near future. Page 6
City Manager Strausbaugh stated that the idea is that the roads will probably not be widened more then what they are, so the idea is to have bus transportation, and maybe eventually the center lane will be a bus lane only. The hope is to have light rail in the future to move people from Mascotte to Orlando. City Manager Strausbaugh stated that this letter starts that process, and it shows that the is in support of these types of projects. Mayor Ramirez stated this is good planning, and the City does need to look and support this, for the future. Council Member Elmore moved to approve the Lake-Sumter MPO- Designation of State Road 50 Corridor for Study of Mass Transit. Council Member Brasher seconded the motion. The motion was approved unanimously on roll call vote. Council Member Tillman Council Member Brasher Council Member Elmore Mayor Ramirez Budget Amendments: There were none scheduled New Business: There were none scheduled Site Plan Reviews: There were none scheduled Unfinished Business: There were none scheduled Reports and Request s: Mayor and City Council Mayor Ramirez stated that there is a meeting with the Mexican Consultant tomorrow at 4:30. They will be discussing areas of education and tourism. This will allow the City to see what they have to offer to Mascotte. Mayor Ramirez stated that this Saturday his church will be having a health screening test. Everyone is invited. Page 7
City Manager City Manager Strausbaugh stated that there is a Lake County meeting for Our Community Our Future session 2 on January 9, 2008. City Manager Strausbaugh stated that on January 23, 2008 the MPO will be having their annual inaugural banquet. Please let Michelle know if you will be attending. City Manager Strausbaugh stated that Development Director Meeks has put the City in for the Horizon Award for the City s Comprehensive Plan. City Manager Strausbaugh stated that there needs to be a CRA meeting. If council can send in some dates to see what days is good, or the CRA meeting can be held on Monday, February 4, 2008 at 6pm. Mayor Ramirez stated that February 4, 2008 at 6pm will be fine for the CRA meeting. There were no objections from Council on the meeting date and time for the CRA. Mayor Ramirez stated that the month ends reports were good, and thanked the directors. Adjournment: Mayor Ramirez adjourned the meeting at 7:08pm ATTEST: Felix Ramirez, Mayor Marge Strausbaugh, City Manager/Clerk Page 8