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05-25-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 The Clermont City Council met in a regular meeting on Tuesday, May 25, 2010 in the Council Chambers at City Hall. Mayor 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, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. Mayor Turville reported Item Number 5 Ordinance 2010 -07 -M; Item Number 6 Ordinance 2010 -08 -M; and Item Number 8 Celebration of Praise Transmittal Hearing were withdrawn by the applicant. Mayor Turville reported on a proposed amendment to the agenda. Item Number 10 Resolution No. 2010- 09 requested to be tabled to June 8, 1010. Council Member Mullins moved Item Number 10 be tabled to June 8; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". MINUTES Council meeting minutes ofMayl1, 2010. Council Member Goodgame moved for approval of the May 11, 2010 minutes as written. Council Member Mullins requested removal of the last sentence in the motion for Item Number 10 Ordinance 2010 -09 -M. Council Member Mullins moved to approve as amended; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street, and Wally Herda, 1109 Hampton Street; read a poem regarding Veterans. Wally Herda, 1109 Hampton Street, commented on the telephone system problems at City Hall earlier in the day. City Manager Saunders stated the problem had been resolved. Wally Herda, 1109 Hampton Street, requested an explanation of the Conditional Use Permit process. Mayor Turville explained the process. Wally Herda, 1109 Hampton Street, commented on property owned by Progress Energy. Mayor Turville stated land use issues could not be discussed unless they are on the agenda. Jim Purvis, 4206 Hammersmith Drive, commented on the positive meeting held with Lake County. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 REPORTS Assistant City Manager Gray reported the Fall Celebration would be held beginning October 1s and the Marshall Tucker Band would be playing. City Manager Saunders — No Report City Attorney Mantzaris reported on Rolling Hills Ford 2001 Conditional Use Permit. The Conditional Use Permit required a right -of -way dedication which was not provided. The County would like to move forward with the road and the County Attorney would like approval to pursue eminent domain negotiations. Council Member Mullins moved to go forward with eminent domain; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Hogan spoke favorably on red light cameras. Council Member Goodgame reported the "Sally and James" play at the Historic Village was well attended. Council Member Mullins attended the Orlando Dragons opening ball game on behalf of Mayor Turville. The games will play every other Saturday night at Bishop Field through August. Council Member Thompson — No Report Mayor Turville — No Report 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 — Open Air Sales and Temporary Request for an Open Air Sales and Temporary Structure Permit Structure Permit for the sale of fireworks from TNT Fireworks June 24 through July 5, 2010, located at 2301 South Highway 27, Clermont Landing Item No. 2 — Grant Opportunity Request authorization to apply for the Fire Department Assistance to Firefighters Grant (AFG) for the purchase of replacement firefighting protective clothing Council Member Goodgame pulled Item Number 1 for discussion. Council Member Goodgame moved for approval of Item Number 2; seconded by Council Member Mullins. The motion passed with all members present voting "aye." 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 Council Member Goodgame inquired where TNT Fireworks business office was located. City Manager Saunders responded they were from Orlando. Council Member Goodgame stated he was opposed to fireworks. Mayor Turville commented the fireworks were State approved fireworks and the site is inspected by the Fire Marshall. Council Member Goodgame moved for approval of Item Number 1; seconded by Council Member Mullins. The motion passed with all members present voting "aye." UNFINISHED BUSINESS Item No. 3 — Ordinance No. 2010-05-M Introduction Mayor Turville read Ordinance 2010 -05 -M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present City boundaries; providing for an effective date; severability; recording; and publication. Council Member Mullins moved to introduce Ordinance 2010 -05 -M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 4 — Ordinance No. 2010 -06- Mlntroduction Mayor Turville read Ordinance 2010 -06 -M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance 2010 -06 -M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 7— Ordinance No. 2010 -09 -M Final Hearing Mayor Turville read Ordinance 2010 -09 -M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; providing for the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 Barbara Hollerand, Planner, presented the Small Scale Comprehensive Plan Amendment for Celebration of Praise. The request was to change the Future Land Use Map designation from Public Facilities /Institutional to Commercial. The 9.78 -acre property fronts U.S. Highway 27. The owner is Church of God. The applicant proposes to develop the parcel as retail and professional office. If the request is approved, the applicant will apply for a rezoning to Cl Light Commercial. The applicant requested a similar land use change in August 2007, which the City Council voted 4 to 1 to deny the request. Staff recommends denial of the Future Land Use Map change request. Keith Bricklemeyer, Attorney for the applicant, 1645 East Highway 50, stated the purpose was to amend the current land use designation to allow for commercial development. The location is surrounded by non - residential property. Approval of the request would allow them to return to the City for rezoning at a later date. Mayor Turville opened the public hearing. Mayor Turville reported he had a conversation with a representative from the law firm representing the applicant regarding the process. Council Member Goodgame reported he had been contacted. The representative was informed the subject would only be discussed at the public hearing. Maria Reiste inquired if the proposal would be located behind any residential property. Chris Dutruch, 1585 Kennesaw Drive, Senior Pastor for Celebration of Praise, commented the access road was under construction and the vision was to liquidate some of their property to relieve some of the church's financial burden. Cuqui Whitehead, 837 5 Street, spoke in opposition of the request. Anthony Floyd, 909 Summit Greens Boulevard, spoke in favor of the request. Ed Lupoli, 3854 Beacon Ridge Way, spoke in opposition of the request. Lynn Lupoli, 3854 Beacon Ridge Way, presented pictures of their home and the property in question and was opposed to the request. Jojo Entsuah, 861 Skyridge Road, spoke in favor of the request. Jim Purvis, 4206 Hammersmith Drive, spoke in opposition of the request. David Holt, 1379 Legendary Boulevard, spoke on behalf of six families on Misty Glen Lane who are opposed to the request. Keith Bricklemeyer mentioned the various elevations of the property and provided examples of non- residential uses which abut residential uses. Mayor Turville closed the public hearing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 Council Member Mullins stated he was opposed. Council Member Goodgame stated he was opposed. Council Member Hogan stated he was opposed. Council Member Hogan moved to deny the request; seconded by Council Member Goodgame. The motion passed 4 to 0 on a roll call vote. NEW BUSINESS Item No. 9 — Resolution No. 2010 -08 Jones Auto Repair Mayor Turville read Resolution No. 2010 -08 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment for a Conditional Use Permit to remove the rear four foot wall requirement and allow additional time for Conditional Use Permit compliance. Jim Hitt, Planning Director, presented Jones Auto Repair's request to amend an existing Conditional Use Permit, allowing additional time for compliance and to remove the wall requirement. Staff recommended approval of the request. Jerry Jones, owner, 611 West Highway 50, commented on the need for additional time to complete the project. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, spoke in favor of granting the amendment. Jim Purvis, 4206 Hammersmith Drive, spoke in favor of granting the amendment. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve Resolution 2010 -08; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 11— Third Street Reconstruction City Manager Saunders commented the project was in the budget and ready to be sent out for bid. Tamara Richardson, City Engineer, introduced Duane Booth, from BESH, Inc. Mr. Booth presented the project details. The steep portion of the road on the east side and the need to lower the road was mentioned. Some of the parking spaces will need to be re- graded and one driveway will have to be removed. A bid alternate will include demolishing the Highlander Hut building. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 City Manager Saunders explained the presentation was for Council information. A sidewalk will be on one side of the road and may have to meander. The grade in front of the Highlander Hut will be changed. Currently stormwater runoff flows into the lake, so interceptors will be used, as was done at Center Lake. Mayor Turville requested the public be provided ample notice prior to demolishing Highlander Hut and requested the building be thoroughly checked for any items of historic value. Council Member Goodgame asked if it were possible to double the parking. City Manager Saunders stated there was not enough room, however; there would be a parking area north of the pavilion. Item No. 12 — Waterfront Pavilion City Manager Saunders commented the project was ready to bid. Jeff Powell, Gatorsktch, presented the project which includes an open -area full- service pavilion, community center, and interior and exterior restroom areas. The floor plan includes a porch with a gabled roof. Brick pavers are part of the alternate bid. There is a transition area to the community building. The outside of the building will be hardy board and the inside will have the best acoustics possible. A courtyard is part of the alternate bid. Jim Warner, the landscape designer, spoke about the number of trees which need to be removed and replaced per City code. Jeff Power provided a construction cost analysis of $1,345,648.00. City Manager Saunders stated $1.2 million in recreational funds is available and would like approval of the design and to proceed with the bid process. Council Member Hogan moved to authorize the bid: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 13 — Council Appointment Code Enforcement Board City Manager Saunders stated the opening was re- advertised and a response was received from Ed Carver. Council Member Goodgame moved to accept Mr. Ed Carver as a member of the Code Enforcement Board; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2010 ADJOURN: With no further comments, this meeting was adjourned at 9:49pm. APPROVED: aro d S. Turville, Mayor ATTEST: 1 6-‘2_____) / I / 1 1;,_ o Tracy Ac • yd, City Cler ,,,,, 4 . i ,.' r 7