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01-11-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 The Clermont City Council met in a regular meeting on Tuesday, January 11, 2011 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 VanWagner. Other City officials present were: City Manager Saunders, City Attorney Mantzans and Deputy City Clerk Noak. INVOCATION Council Member VanWagner gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of December 14, 2010 Council Member Goodgame moved to approve the minutes of December 14, 2010 as wntten; seconded by Council Member Mullins The motion passed with all members present voting "aye" PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street, thanked City Manager Saunders and Fire Chief Bishop for the Clermont Fire Department patches. Wally Herda, 1109 Hampton Street, expressed concern regarding Progress Energy trucks parking at the electncal substation on Millholland Street. REPORTS City Manager Saunders presented a letter from the Clermont Downtown Partnership requesting removal of the two -hour parking restnction in the business distnct. Council Member Mullins mquired if advertisement was required. City Attorney Mantzans responded advertisement was not necessary. Council Member Goodgame moved for consent to the request; seconded by 'Council Member Mullins. Mayor Turville inquired if the request included all of the Central Business Distnct City Manager Saunders replied the request included the Central Business District. Council Member Goodgame amended the motion to include payment for the installation of signs should the two -hour parking restriction be requested in the future. Council Mullins was in agreement with the amendment. The motion passed with all members present voting "aye ". 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 City Manager Saunders reported staff requires direction from Council on several items pnor to the February 7, 2011 retreat He suggested Council consider holding a workshop on January 18, 2011 or one hour prior to the January 25, 2011 meeting. Council concurred to hold a workshop on January 18, 2011 at 7pm. Council Member Mullins requested the retreat on February 7, 2011 begin at 10:OOam. Council concurred. City Attorney Mantzans — No Report Council Member Hogan — No Report Council Member Goodgame reported on attending the Lake County Board of County Commissioners meeting and announced the new County Manager is Darren Gray Council Member Goodgame stated the new turnpike mterchange will be located east of the City of Minneola and there will be a 14,000 home project in the nearby area. The Development of Regional Impact "report for the project should be ready within the next 15 to 18 months. Council Member Mullins — No Report Council Member VanWagner — 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— Street Closing Request to close Danbury-Mill Road Stan Wishnow, Kings Ridge from Hartwood Marsh Road to the entrance gate on March 12, 2011 from 8:30am to 10:30am to provide a staging area for the Kings Ridge 15 Year Anniversary Celebration Item No. 2 — Ball Field Use /Fee Reduction Request from the National Training National Training Center Center for use of ball fields and reduced fees for overflow sporting events in 2011 Council Member Goodgame moved to approve the Consent Agenda as presented; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 UNFINISHED BUSINESS Mayor Turville announced items number 3 and 4 had been withdrawn by the applicant. Item No. 3 — Resolution No. 2010 -14 First Baptist Church Item No. 4 — Variance Request First Baptist Church Item No. 5 — Code Enforcement Lien Foreclosure Request Church of Our Lord Jesus Christ Planning and Zoning Director Jim Hitt provided an update on the status of the Code Enforcement Board foreclosure request which was brought before Council on October 26, 2010. Council granted a continuance until January 11, 2011. Steve Smith from New Beginnings is requesting an additional extension. Applicant Steve Smith reported it was discovered a lien had been placed on 642 Montrose Street property and the lender had cross - liened 792 Montrose Street. Mr. Smith commented he requires additional time to finalize the arrangement and requested until March to complete the process. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public heanng. Council Member Mullins suggested providing a 90 -day extension. Council Member Goodgame motioned to extend the foreclosure until March 8, 2011 as a final extension to correct the deficiencies to the building. Council Member VanWagner expressed concerns due to log jams which can occur and requested providing some leeway on the time frame. Mayor Turville stated there was no second to the motion and suggested a motion to bring back before Council at a later date Council Member Goodgame made the motion to bring back to Council at a later date: seconded by Council Member Mullins. The motion passed with all members present voting "aye" Item No. 6 — Variance Request Leslie Jarrard Planner Curt Henschel presented the variance request The first request is to allow a street setback of 18 feet instead of the 25 feet required by City Code. The second request is to allow an accessory structure to be located within the building setback areas, specifically in the front yard rather than the rear yard as required by City Code. The applicant had requested the same variance in August of 2009 and was denied. The construction was completed without a permit after Council denied the request. The applicant also installed a storage shed in the rear yard without a permit. The City Land Development Code requires eight items with positive findings must be met to grant a vanance. Staff believed seven of the eight items do not meet these findings Staff recommended denial 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 Leslie Jarrard, applicant, provided the location of the existing shed and commented the shed was not installed after the denial, it was an existing structure. The other structure was finished after the denial due to safety concerns regarding trusses lying on the ground during hurricane season. Ms. Jarrard provided examples of other vanances Council had approved in the past. She commented she had not been granted an appeal as was allowed by City Code. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, was opposed to the variance request. Mayor Turville closed the public heanng Council Member Mullins agreed the new structure is nicer and safer. He expressed concern regardmg completing the structure after denial and without a permit. He inquired as to the extent of the completion of the structure. Ms. Jarrard responded only the outside of the structure was completed. Council Member VanWagner asked Ms. Jarrard if her safety concerns were discussed with staff. Ms. Jarrard stated she had mentioned her concerns after the trusses were installed. Council Member VanWagner inquired as to the number of times Ms. Jarrard had been informed to discontinue building the structure. Ms. Jarrard responded one time Council Member Goodgame stated he recalled Ms. Jarrard was directed to remove the structure and expressed concern regarding completing the structure after Council denied the original vanance request. City Manager Saunders commented Ms. Jarrard was cited to come m for a permit, however the structure did not meet City Code. The original request involved a variance request for setback requirements, which Council denied. Mayor Turville re- opened the public hearing. Cuqui Whitehead, 837 5 Street, inquired if the structure was still used for gulling and cooking. City Manager Saunders responded the request involves a setback vanance. Mayor Turville commented on the nicer appearance and stated the property was improved for both the applicant and neighbors. He expressed concern with approving the vanance after denial having the effect others may do what they want and gain approval after the fact. Ms. Howard, 1674 Bowman Street, inquired if the building would be grandfathered in as it was a replacement and commented Ms. Jarrard's request for an appeal was not addressed. City Attorney Mantzans stated the pnor building was a non - conforming structure and must be rebuilt according to City Code. City Attorney Mantzans stated appeals are permitted due to administrative actions by administrative staff. The appeal nghts of an applicant because of Council decisions,are handled through a circuit court. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 Jim Purvis, 4206 Hammersmith Drive, speaking as Chair of the Code Enforcement Board, commented the Code Enforcement Board approved the request due to the unique situation. Mayor Turville closed public heanng City Manager Saunders commented vanances have been approved in the past due to hardships. He cautioned Council on approving, allowing a wrong message to be sent regarding building and gaining approval after completion Council Member Goodgame moved to grant the vanance as requested; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote, Council Member Hogan dissenting. Item No. 7— Ordinance No. 2011-01-M Final Hearing Mayor Turville read Ordinance 2011 -01 -M aloud by title only. An Ordinance of the City of Clermont, Lake County, Florida, amending the comprehensive plan of the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes by adopting text changes to the goals, objectives and policies of the Capital Improvements Element of the Comprehensive Plan; setting forth the authority for adoption of the comprehensive plan amendments; setting forth the purpose and intent of the comprehensive plan amendments; establishing the legal status of the comprehensive plan amendments; providing for severability, conflict and an effective date. Planner Barbara Hollerand presented the Comprehensive Plan Amendment. Ms. Hollerand stated the public may provide their name and address should they wish to be notified when the Department of Community Affairs reached their decision. The Capital Improvements Element of the Comprehensive Plan is a five year future plan updated every year Staff recommended approval of the text changes to the Capital Improvements Element of the Comprehensive Plan. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve Ordinance 2011 -01 -M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote NEW BUSINESS Item No. 8- Funding Request South Lake Historical Society City Manager Saunders presented a letter from Louise Stockton, President of the South Lake Histoncal Society, requesting $5,850.00 in funding to repair the metal extenor of the Quonset Hut. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 Council Member Goodgame stated the repairs would make the building waterproof In response to a request by Council Member Mullins for quotes regarding the needs of the Historic Village, Council Member Goodgame presented a site plan showing space for one future building. The Historical Society is attempting to build a replica of the Methodist Church's original building. Council Member Goodgame stated he received quotes for the electrical and insulation work, however was unhappy with the quotes and was unable to bnng forward additional information. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5 Street, was in favor of the request. Mayor Turville closed the public heanng. Council Member Hogan moved to approve the request; seconded by Council Member VanWagner. The motion passed with all members present voting "aye ". Council Member Mullins commented he requested quotes for the budget process. Item No. 9 — Ordinance No. 2011-02-M IntroductIon Mayor Turville read Ordinance 2011 -02 -M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, 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 2011 -02 -M, seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 10 — Ordinance No. 2011-03-M Introduction Mayor Turville read Ordinance 2011 -03 -M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes; setting forth the authonty 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; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance 2011 -03 -M, seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2011 Item No. 11— Ordinance 2011- 04- Mlntroductaon Mayor Turville read Ordinance 2011 -04 -M aloud by title only An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Flonda, adopted pursuant to Section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county- wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said Municipal Service Taxing Unit for a specified term of years; providing for severability, an effective date, and publication. Council Member Mullins moved to introduce Ordinance 2011 -04 -M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 8:24pm. APPROVED: 114 4 Harold S. Turville, Mayor ATTEST: '� racy Ac . oyI, City Cler Rte 44,66iL90 `a 7