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08-25-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 The Clermont City Council met in a regular meeting on Tuesday, August 25, 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, Assistant City Manager Gray and Deputy City Clerk Noak. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of July 28, 2009. Council Member Goodgame moved to accept the minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting"a PROCLAMATION Deputy City Clerk Noak read aloud the Constitution Week proclamation. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, expressed concern regarding the lack of availability of the Kings Ridge entrance code for law enforcement personnel. Mr. Purvis commented on problems existing on Carroll Street and requested staff meet with the residents for a solution. REPORTS City Manager Saunders - No Report. City Attorney Mantzaris - No Report. Council Member Hogan commented the Water Alliance is dissolving and City Engineer Tamara Richardson will be part of a utilities group which will work on water related issues. Council Member Goodgame commented on the Historical Society needing sponsorships for the commemorative book they are putting together for the 125"' Celebration. Council Member Goodgame moved to approve sponsoring the Historical Society book; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame stated the Metropolitan Planning Organization would meet on Thursday, August 27, 2009 at 2pm in the Council chambers. Council Member Mullins commented the South Lake County Animal League would have a ground breaking ceremony for their new facility on Saturday, August 29, 2009. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 Council Member Thompson - No report. Mayor Turville - No report. City Manager Saunders announced the Budget Public Hearings will be held on September 3, 2009 and September 17, 2009 at 7pm. 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-Quote Approval Force Main Removal Request authorization to accept a quote from Prince Contractors in the amount of $6,629.00 for the removal of a force main located within the right-of-way of the State Road 50 expansion project. Item No. 2 -Firm Selection Inland Groves Archaeological Survey Item No. 3 -Quote Approval Jenkins Auditorium Request authorization to negotiate a contract with Bland & Associates to perform the Archaeological Survey of the Inland Groves Property. Request approval of GatorSktch Architects, Inc. for Jenkins Auditorium Evaluation $8,000.00. City Manager Saunders provided an agenda correction regarding item 1. The contractor name is Prince Contractors. Council Member Goodgame requested an overview of item 3. City Manager Saunders stated the Jenkins Auditorium Evaluation was to determine if the building should be remodeled or replaced. Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "ate Variance Request Vista Clinical Diagnostics Council Member Goodgame moved to table the variance request for Vista Clinical Diagnostics to September 8; seconded by Council Member Mullins. The motion passed with all members present voting "ate. Large Scale Comprehensive Plan Amendment Transmittal Hearing Barbara Hollerand, Planner, informed the audience of the availability of the sign-up sheet for anyone City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 interested in receiving notification from the Department of Community Affairs when the amendment is approved. Planner Hollerand stated the document contains the administrative text changes to the Potable Water Element of the City's adopted Comprehensive Plan. The inclusion of the water supply plan is being coordinated with the Evaluation and Appraisal Report. At the Planning and Zoning Commission meeting on July 7, the board voted to recommend approval and staff recommendation is for approval. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to transmit the Large Scale Comprehensive Plan amendment• seconded by Council Member Mullins. The motion passed with all members present voting "aye". NEW BUSINESS Variance Request Leslie Jarrard Curt Henschel, Planner, presented the variance request. The owner is Leslie Jarrad and the property is located at 1400 West Avenue. The applicant is requesting an eighteen foot street side setback for a detached addition. City code requires atwenty-five foot street side setback. The applicant had a non- conforming storage shed located within the street side setback adjacent to Seminole Street. The shed was removed by the applicant and a covered patio is under construction in the same location. An uncovered patio in this area would be permitted. Staff recommended denial. Leslie Jarrard, applicant, stated the covered area would be used for grilling and would contain a storage closet for utensils. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, agreed with staff recommendation. Mayor Turville closed the public hearing. Council Member Thompson inquired if there were any neighbor comments. Planner Henschel stated there were not. Council Member Goodgame moved to deny the request; seconded by Council Member Mullins. Council Member Mullins inquired if Council could deny without prejudice. City Attorney Mantzaris stated if the request was denied the applicant would not be able to reapply for one year for the same variance. The motion gassed 4 to 1 • with Council Member Thompson in opposition. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 Variance Request Clermont Yacht Club Curt Henschel, Planner, stated the applicant is White Aluminum and the owner is LCI, LLC. The property is located at 336 Nautica Mile Drive, Clermont Yacht Club. The variance requested is to allow for a street side setback of ten feet rather than the twenty-five feet required by code for a screen enclosed covered patio. The unit was originally permitted in September 2005 without the patio attachment. The City zoning clearance was issued when the covered patio was not part of the zoning permit. The covered patio was added to the Lake County building permit; bypassing the City zoning approval process and creating anon-conforming structure. Staff recommended approval of the variance. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to ,grant the variance; seconded by Council Member Thompson. The motion passed with all members present voting "aye". Resolution 1623 New Testatment Believers' Fellowship Church Mayor Turville read Resolution 1623 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church facility in the M-1 Industrial Zoning District. Curt Henschel, Planner, presented the Conditional Use Permit. The applicant is New Testament Believers' Fellowship, Inc. and the owner is Bill Campbell, Intercontinental Project Systems, Inc. The property is located at 205 Hatteras Avenue in Clermont Commons. The services are Sunday from 9:30am to noon, Tuesday from 7pm to 8:30pm and on Wednesday from 7pm to 8pm. Staff recommended approval. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval under the condition that the church will not operate during business hours of the businesses in the vicinity. City Attorney Mantzaris stated the change would need to be more specific. Council Member Goodgame amended the motion for them not to meet during normal business hours, Sam to Spm Monday through Saturday. Council Member Mullins commented language could be added stating should parking become a problem, the Conditional Use Permit would be readdressed. City Attorney Mantzaris stated the language was in paragraph ten of section one. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 Mayor Turville understood the motion was to approve as written. Council Member Mullins seconded the motion. The motion passed with all members present voting "ate. Resolution 1624 Heritage Hills Subdivision Mayor Turville read Resolution 1624 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit (Resolution No. 1609) to revise the reclaimed waterline and storage facility language in the Conditional Use Permit. Jim Hitt, Planning Director, presented the Conditional Use Permit amendment. The applicant is the City of Clermont. The language is needed to allow for the construction, maintenance and ownership of the system within the Heritage Hills subdivision. The property is located east of Somerset Subdivision and Hancock Road and north of Hartwood Marsh Road. Staff recommended approval. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, was opposed to the amendment. City Manager Saunders clarified the amendment would allow the City to line the ponds in the future should the City need to store reuse water. Council Member Goodgame inquired if the amendment established a price. City Manger Saunders stated it did not. Council Member Goodgame asked if this would be for the subdivision irrigation system. City Manager Saunders replied it would be for any location the City may need to pump water to. Council Member Goodgame moved for approval of Resolution 1624; seconded by Council Member Mullins. The motion passed with all members present voting "ate". Lien Forgiveness Angela Langley Planning Director Jim Hitt presented the request for lien forgiveness for the property at 317 West Osceola Street. The prior owners were Henry and Betty Gary. The property is currently owned by Angela M. Langley. The violation was for high weeds and grass. The property was cited September 4, 2007 and on October 16, 2007 the Code Enforcement Board issued a fine of $50.00 per day. The property was compliant July 28, 2009 and the assessed lien is $32,450.00. Planning Director Hitt read the case background provided by Suzanne O'Shea, Code Enforcement Officer. Staff supports full forgiveness of the lien. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to forgive the lien considering all the circumstances; seconded by Council Member Mullins. The motion passed with all members present voting "ate TPA Review Grand Highway Baptist Church Jim Hitt, Planning Director, stated the request is to rezone the property at 14745 Johns Lake Road from Agriculture Residential to Community Facility District for construction of a church. The property is approximately 4.5 acres and the Lake County Future Land Use designation is Urban Low Density Residential. The rezoning is tentatively scheduled to go before the Lake County Zoning Board on September 2, 2009 and the Lake County Board of County Commissioners on September 22, 2009. A site plan in conformance with the City's code and the Joint Planning Area Agreement must be submitted and approved by the City and County staff prior to any construction. The rezoning request is consistent with the Joint Planning Area Agreement. Mayor Turville opened the public hearing. Johnny Davis, Grand Highway Baptist Church commented he understood Lake County has viewed the site plan and everything is in line with what they have requested. Planning Director Hitt commented the site plan is under review. Mayor Turville closed the public hearing. Council Member Mullins moved the City does not have a problem with this location as a church• seconded by Council Member Thompson. The motion passed with all members present voting "aye". Resolution 1619 Transmittal of the Comprehensive Plan Evaluation & Appraisal Report Mayor Turville read Resolution 1619 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, adopting the Evaluation and Appraisal Report pertaining to the City's Comprehensive Plan and authorizing transmittal of the report to the Department of Community Affairs. Barbara Hollerand, Planner explained the Evaluation and Appraisal Report requires adoption every seven years. The City's report is due September 1, 2009. Upon Council approval the report will be transmitted for review by the Florida Department of Community Affairs, Lake County, six reviewing agencies and the cities of Groveland and Minneola. The Department of Community Affairs will review the report and make a preliminary sufficiency determination within sixty days and a final sufficiency determination City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2009 within ninety days. The Planning and Zoning Commission and staff recommended approval. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for ad~tion of Resolution 1619• seconded by Council Member Mullins The motion passed with all members present voting_"aye". Council Member Goodgame commented on phone calls he received from residents who attended the hearing on the West Minneola Pool property park. It was conducted by Planner Hollerand and Assistant City Manager Gray. They were highly complementary of Ms. Hollerand's work. Council Member Goodgame thanked Ms. Hollerand. Council Member Hogan mentioned the special celebration the Fire Department will have on September 11, 2009 at gam in front of Fire Station No. 1. A Summit Greens resident and retired Fire Marshal from New York City has donated a piece of steel from the World Trade Center to the Fire Department. Council Member Hogan moved the City to produce this event at gam on September 11, 2009• seconded by Council Member Goodgame. The motion passed with all members present voting "aye". City Manager Saunders stated the Community Redevelopment Agency budget adoption meeting has been scheduled for September 17, 2009 at 6:45pm prior to the final budget public hearing. Mayor Turville noted the City Canvassing Board meeting will be at Spm in Tavares on Thursday. City Clerk Ackroyd is at the Supervisor of Elections office and has called in the results. City Manager Saunders announced the results of the Primary Election. Richard D. Giacobe - 302 votes, 29.32 percent Keith E. Mullins - 464 votes, 45.05 percent Timothy L. Murry - 264 votes, 25.63 percent Since no one received more than fifty percent of the votes, there will be a General Election between Mr. Mullins and Mr. Giacobe. These results are subject to the final canvassing of the votes. ADJOURN: With no further comments, this meeting was adjourned at 8:11pm. APPROVED: ~~ C: Harold S. Turville, Mayor ATT ST: ~ ~~~~ Tracy Ackroyd, City erk