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09-14-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 14, 2004 The Clermont City Council met in a regular meeting on Tuesday, September 14, 2004 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 Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the recitation of the Pledge of Allegiance. REPORTS City Manager Saunders discussed rescheduling the cemetery workshop and include discussion of Light Up Clermont. Council agreed to have the meeting on September 21 to discuss Light up Clermont at 5:30pm followed by the cemetery workshop at 6:30pm. Mr. Saunders requested assistance in hauling storm debris by entering into an agreement with a waste hauler. Lake County has a contract with a company that Clermont could piggyback from. If the City is unable to piggyback from the County's contract, staff will follow through with a modified bid process. Council Member Mullins moved to approve Mr. Saunders suggestion to include the authoriff_ to make a selection; seconded by Council Member Renick. The motion passed with all members present voting "ave ". Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Renick - No Report Council Member Mullins - 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 - 1 Waterfront Park Event Request use of Waterfront Park for the Great Florida Triathlon "Pre-Swim" on Thursday, October 21, 2004 as part of the Great Florida Triathlon that will take place on October 23 Item - 2 Agreement Approval Request approval of the Mutual -Aid Agreement between the City of Montverde and the Clermont Fire Department. Item - 3 Design/Build Services for Fire Station//2 Request approval of negotiated contract with McCree Construction as the Design/Build Services firm for Fire Station #2 expansion City of Clermont MINUTES REGULAR COUNCIL MEETING September 14, 2004 Council Member Mullins moved approval of the consent agenda; seconded bY Council Member Ash. The motion passed with all members voting "aye ". NEW BUSINESS Ordinance 485M- Introduction Mayor Turville read Ordinance 485M 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 Renick moved introduction of Ordinance 485M; seconded by Council Member Mullins. The motion passed with all members present voting "a)~e ". Ordinance 487M- Introduction Mayor Turville read Ordinance 487M 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 introduction of Ordinance 487M; seconded by Council Member .Renick. The motion passed with all members present voting "aye ". Ordinance 490M- Introduction Mayor Turville read Ordinance 490M 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; providing for severability; and providing for publication. Council Member Mullins moved introduction of Ordinance 490M; seconded by Council Member Ash. The motion passed with all members present voting "aye ". Ordinance 491M - Introduction Mayor Turville read Ordinance 491M aloud by title only. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 14, 2004 An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Council Member Mullins moved introduction of Ordinance 491M; seconded by Council Member Ash. The motion passed with all members present voting "aye ". Developers Agreement City Manager Saunders informed Council this is an introduction and the final hearing will be at the September 28, 2004 meeting. This is to be considered with the next two items on the agenda relating to annexation and rezoning of 2.8 acres. This agreement will limit the amount and location of uses for the site. Mr. Saunders clarified a change on the uses and referred to Exhibit A, lots 1, 5 & 6 will be professional office and lots 2, 3 & 4 will be commercial. Mayor Turville opened the public hearing for comments. There were no comments. Council Member Mullins moved tentative adoption of the Developers A greement with Tower Villages; seconded by Council Member Ash. The motion passed with all members present voting "ape ". Ordinance 495M - Introduction Mayor Turville read Ordinance 495M 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; providing for severability; and providing for publication. Council Member Mullins moved introduction of Ordinance 495M; seconded by Council Member Renick. The motion passed with all members present voting "ave ". Ordinance 496M- Introduction Mayor Turville read Ordinance 496M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Council Member Mullins moved introduction of Ordinance 496M; seconded by Council Member Ash. The motion passed with all members present voting "aVe ". Lennar Homes Variance Request Planner Henschel stated the applicant is requesting a 23.50 foot front setback for a single family residence rather than 25.50 foot as required by code. This is for lot 15 of Beacon Ridge located in The Legends subdivision. Upon completion, a final survey was completed and discovered four columns protruding into the fi'ont setback 1.50 feet. Staff recommends approval of the request to allow the columns to remain at 23.50 foot setback from the setback line. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 14, 2004 Terry Egert, Director of Construction for Lennar Homes, was present and available for questions. He explained the error was made by the surveyor and did not notice the error until the final survey after the Certificate of Occupancy had been issued. Mayor Turville supports the variance request but asked the applicant to be careful and understood this was not intentional. Council Member Renick moved approval of the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Special Election Run-Off The City has (3) three candidates who have qualified for office. If one person does not receive more than 50% of the votes, we must have a run offelection. The City code does not specify a run offdate. Council considered having the run offelection date to be 2 weeks after the election or the first Tuesday in December. Council agreed to not want to wait until December for the run off election. Council Member Renick moved to have the run off election on November 16, 2004, if necessary; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. Bill Banzhaf, 931 W. Montrose, President of Downtown Parmership, advised Council that the board met today and hired Kat Hiatt as the First Friday event coordinator. He informed Council of his goal to redevelop the downtown area and will be going to South Carolina with the Leesburg Parmership on a Vision Tour to see how they redeveloped their downtown. Mr. Banzhaf requested Assistant City Manager Darren Gray accompany him to the conference as a representative of the City. Council advised him to consult with the City Manager. ADJOURN: With no further comments, the meeting was adjourned at 7:50pm. APPROVED: 4