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01-27-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 27, 2004 The Clermont City Council met in a regular meeting on Tuesday, January 27, 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, Caputo, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, and City Clerk Aekroyd. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance. REPORTS City Manager Saunders discussed scheduling a workshop; Council agreed on February 12 at 6:00pm. City Attorney Guthrie - A citizen filed a petition challenging the Inter-local Agreement between the School District, Lake County and the Cites. The allegation is the agreement is too general. The Department of Community Affairs is also involved and has sought to have the petition dismissed. Mr. Guthrie will keep the Council apprised of any further developments. Council Member Ash - No Report Council Member Caputo mentioned receiving calls of mold in the Library. The county is conducting reports to correct the problem. The library board decided to move irreplaceable articles into City Hall. City Manager Saunders provided clarification that the articles were placed in the old City Hall building. Council Member Mullins - No Report Council Member Renick - 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- Field Modification South Lake Little League request to modify Palatlakaha Field #4 (Softball Field) for Baseball use Item 2 - Event Approval South Lake Little League is requesting a fee reduction for the use of Palatlakaha baseball fields for a fund raising tournament that will be held February 20 - 22, 2004 Item 3 - Inspection Approval Approval for inspection services for old City Hall and Depot Council Member Caputo moved to approve the consent agenda as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye." City of Clermont MINUTES REGULAR COUNCIL MEETING January 27, 2004 UNFINISHED BUSINESS Ordinance 330C- Final Reading Mayor Turville read Ordinance 330C aloud by title only. An Ordinance of the City of Clermont, Florida amending section 2-76 and 2-82 of the Code of Ordinances pertaining to the City's Local Planning Agency; providing for an increase in membership for the Planning and Zoning Commission fi.om nine (9) to ten (10) members; providing for the additional Member to be recommended by the Lake County School Board; providing for a severance clause; providing for inclusion in the City of Clermont code; and providing an effective date. Council Member Mullins moved to approve Ordinance 330C; seconded b_F Council Member Caputo. The motion passed 5 to 0 on a roll call vote with all members present voting "aFe." NEW BUSINESS Resolution 1358 Mayor Turville read Resolution 1358 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1205 to allow the parking lot lights to be placed outside of landscape islands; to amend the site plan to allow a stand alone, 6,000 square foot retail center; and to allow the retention pond and out parcel "D" to be repositioned on the site. Mayor Turville stated this portion of the meeting will be conducted as a Quasi Judicial Hearing. Planning Director Barry Brown advised Council of the request for a Conditional Use Permit to allow parking lights to be placed outside of the landscape islands, to amend the site plan to allow a stand alone 6,000 square foot retail center, and to allow the retention pond and out parcel "D" to be repositioned. The site is the Citrus Tower Village, located at the intersection of Citrus Tower Blvd. and US 27. Staff recommends approval for the relocation of the parking lot lights and the reconfiguration of out parcel "D" however staffdoes not support relocation of 6,000 sq. i~. of retail space in the parking lot area. The Planning and Zoning Commission recommended approval of all three (3) requests in the CUP amendment. City Clerk Ackroyd swore in the applicant, Bob Shakar. Mr. Shakar reviewed his proposal with the City Council. Council Member Caputo stated for the record that Mr. Shakar showed him the project. Mr. Caputo clarified that he did not discuss any pros or cons of the project. Council Member Ash discussed encouraging developers to add plants in front of the facades. City Clerk Ackroyd swore in Stephen Berlinsky. Mr. Berlinsky made reference to the canopy trees. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 27, 2004 Council Member Renick moved to approve the repositioning of the out parcel, the change in the retention and the 6, 000 sq. fi. free standing building; seconded by Council Member Mullins. Council Member Ash asked to pull the 6, 000 sq. fl. building_from the motion. Council Member Renick so amended. The motion passed with all members present voting "ave." Council Member Renick moved for approval of the 6, 000 sq. ft. free standing buiMing; seconded by Council Member Caputo. The motion passed 4 to 1 with Council Members Caputo, Mullins, Renick and Mayor Turville voting "aye" with Council Member Ash opposing. Council Member Mullins moved for adoption of Resolution 1358; seconded by Council Member Caputo. The motion passed 4 to 1 with Council Members Caputo, Mullins, Renick and Mayor Turville voting "aye" with Council Member Ash opposing. Police Department Review Consultant City Manager Saunders stated that the City Council reviewed the top 3 choices of the consultants at the workshop last Friday. Council Member Caputo stated that he would like to instruct the City Manager to write a letter to ChiefIdell from Leesburg who served on the committee for doing a remarkable job. Council Member Caputo moved to postpone to March 9th the ranking of the 3 consulting firms; seconded by Council Member Ash. The motion passed with all members present voting "~_ e. " Minneola Fire Protection Proposal City Manager Saunders informed Council the City of Minneola has appointed a citizens group to hear the concerns of their citizens and provide a recommendation to the type of fire protection plan the City should pursue. Mr. Teri, a Minneola Council Member chairing the citizen's committee suggested the City of Clermont wait until a more definite decision is made. Mr. Saunders recommended the Council table this item indefinitely until we hear further from the City of Minneola. Council Member Ash so moved; seconded by Council Member Mullins. Council Member Caputo suggested adding to the motion to table this until such time as we receive a written request from the City of Minneola_for a proposal for fire service. Council Member ,4sh amended the motion; seconded bp Council Member Mullins. The motion passed with all members present voting "ave." Council & Mayoral Appointments Planning and Zoning Commission Council Member Renick commented that one of the board members from the Planning and Zoning Commission has missed more than three (3) consecutive meetings without being excused by the Board. Therefore, based on the City's Code, John Carlson should be removed from the Commission. Council Member Renick moved to declare another vacant s~at by Mr. Carlson based on attendance records and make his seat available on the Planning and Zoning Commission; seconded by Council Member Caputo. The motion passed with all members present voting "ave." 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 27, 2004 Council Member Renick moved to reappoint Sy Holzman and Maggie Miller to a 2 year term; appoint Henr~ Rhee to a 2 year term; appoint Roger Pierce to a 1 year term; appoint David Outlaw to a 2 year term and appoint Carolyn Mathieson to _finish out the term of John Carlson; seconded by Council Member Ash. The motion passed with all members present voting "aye." Code Enforcement Board Council Member Caputo moved to appoint Stephen Berlinsk~ for a full term and appoint Peter Ge;gel to a 1 year term on the Code Enforcement Board; seconded by Council Member Mull;ns. The motion passed with all members present voting "aye ". Council Member Mullins clarified the Code Enforcement Board remains one Member short. Parks and Recreation Board Mayor Turville reappointed Curt Hall, Al $chlazer, Basha $chlazer, Bob Pinto, Loretta Lynn, Anthony Trivelli and Jeff Duke and new appointments ofTerri $ilipo and Lar~ Oexner to the Parks and Recreation Board. Council Member Mull;ns moved to appoint Ann Dupee for Lake Apopka Natural Gas; Frank Caputo for Cooper Memorial Library; Ga;lAsh for Lake Community Action Agency; Keith Mull;ns for Lake County League of Cities; Hal Turville with Keith Mull;ns as the alternate for Clermont Chamber of Commerce; Elaine Renick_for St. Johns River Water Management District and Frank Caputo with Ga;lAsh as the alternate for the Metropolitan Planning Organization; seconded by Council Member Renick. The motion passed with all members present voting "aye." Council Member Caputo moved Keith Mull;ns be appointed Mayor Pro Tem; seconded by Council Member Ash. The motion passed with all members present voting "aye." Mayor Turville stated this is the end of the published agenda and opened the floor for any further comments. Nancy Fullerton, 368 Montrose Street, requested information sent to Mayor Turville be copied to the other Council Members regarding the Green Swamp. She is speaking for the alliance to protect water resources and requesting Council to use influence with the DCA. The land use decision is in reference to the development ora 361 acre property south of Clermont spray field. The first reading of the land use request will come before Groveland on February 2. Also, Ms. Fullerton informed Council the Water Authority Board of Trustees may change from a non-partisan election to a partisan election. The board members were not aware of this proposal. This was passed by the Lake County Legislative Delegation on January 20 in Tallahassee. She is asking the Council individually to take a stand. The State Legislature will make the final decision. Ted Kirkland and DePrina McNamara asked Council to address drug problems i.n the area of 4th Street and Ryan Street. Maggie Miller thanked Council for reappointing her to the Planning & Zoning Commission and announced Lake County will be placing a stop light at the intersection of Hook Street and Hancock Road. :ADJouRN.:. With no further comments, the meeting was adjoumed at ATTEST:~ /Tracy(Ackroyd, Cit3~Clerk 4