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05-10-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • May 10, 2005 The Clermont City Council met in a regular meeting on Tuesday, May 10, 2005 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, Ash and Renick. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Turville read a Proclamation aloud declaring May 2005 as Civility Month. PUBLIC COMMENTS There were no public comments. REPORTS City Manager Saunders informed Council a date has been set for a joint meeting between the Council and the Lake County School Board for May 17, 2005 at 6:OOpm in the Council Chambers of Clermont City Hall. Mr. Saunders advised Council of the responsibility for school flashing lights are to the City if inside the city limits. The City received a request to look at Lost Lake Elementary School and determine if a caution light is needed on that road in each direction. The City has an Interlocal agreement with Lake County for traffic signals and the cost will be $6,157. There are funds in the current year budget to cover the expense and requested Council approval to install the signal before school resumes in August. Council Member Mullins moved to approve; seconded by Council Member Ash. The motion passed with all members present voting "aye ". City Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Goodgame commented he attended the Lake Sumter MPO meeting. They discussed the Lynx service proposal between Clermont and Orlando with an estimated cost of $300,000 per year. The first year would be paid by Lynx; the second year, they will be looking for a local contribution of $120,000; and in the third year, the County and local would have to pay 100% of the cost. At this time, they are still in the planning stage. The South Lake Trail Phases 3 and 4 were also discussed at the meeting. Council Member Mullins - No Report Council Member Renick reported that St. Johns passed the Crystal Lake project with a 7 to 2 vote. Mayor Turville - No Report City of Clermont MINUTES REGULAR COUNCIL MEETING • May 10, 2005 Mayor Turville reviewed agenda items requested to be withdrawn or tabled. Consent Item 2 Event Request - RoCling Hills Ford request to have a 4`" of .Tiny Celebration at Water Front Park Council Member Mullins moved to withdraw from the consent agenda; seconded by Council Member Goodgame. The motion passed with all members present voting"aye ". Unfinished Business Item 1- Drdinance SD$ M Final Hearing on Bosserman ?2 Council Member Mullins moved to table Ordinance 508-M to Mav 24`"; seconded by Council Member Goodgame. The motion passed with all members resent voting "aye ". Unfinished Business Item 2 -Large Scale Amendment Transmittal Hearing on Bosserman T1, Council Member Mullins moved to table Large Scale Amendment Transmittal Hearing on Bosserman property to May 24`"; seconded by Council Member Goodgame. The motion passed with all members present voting "axe ". Unfinished Business Item 4 -Resolution 1430 The Moorings Council Member Mullins moved to table Resolution 1430 to June 14: seconded by Council Member Good ame. The motion passed with all members present voting_aye ". Unfinished Business Item 6 -Ordinance SI S-M City Manager Saunders commented that staff received a request to table 515-M which is a request to close and abandon a portion of a right of way. Staff recommended denial of that request therefore the applicant has requested tabling indefinitely. Council Member Mullins moved to table Ordinance 515-M,• seconded by Council Member Goodgame. The motion passed with all members present voting "axe ". COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING City Manager Saunders introduced Fred Fox, consultant, who handles the City's grant requests. This is the final public hearing. Staff received information that the City has to meet requirements of being low to moderate income for the Downtown Revitalization project therefore we are not eligible to apply for that grant. The City is still eligible for the Drainage grant. Mayor Turville opened the public hearing. Mayor Turville read Resolution 1435 aloud by title only. A Resolution authorizing the submission of an application for the Small Cities Community Development • Block Grant to the Florida Department of Community Affairs for Federal Fiscal Year 2005 City of Clermont MINUTES REGULAR COUNCIL MEETING • May 10, 2005 Council Member Mullins moved adoption of Resolution 1435; seconded by Council Member GoodQame. The motion passed with all members present voting "aye ". Mayor Turville read Resolution 1436 in its entirety aloud in regards to Community Development Plan Long Term and Short Term Objectives. Council Member Mullins moved adoption of Resolution 1436 as read; seconded by Council Member GoodQame. The motion yassed with all members present voting "aye ". 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 -American Eagle Fireworks Inc. Request for an Open Air and Tent Permit for retail sale of sparklers located at 1959 S. Hwy 27 (Dal-Don Produce) from June 22-July 6, 2005 Item No. 2 -Event Request • Item No. 3 -Tent Permit Item No. 4 -Plat Approval Item No. 5 -Facility Request Clermont Girls Softball League Item No. 6 -Bid Award Item No. 7 -Scope of Work Mayor Turville requested pulling consent item 5. Rolling Hills Ford request to have a 4"` of July Celebration at Water Front Park on Sunday, July 3`a Request from the First United Methodist Church to erect a 10x20 tent for two weeks on their property (old hospital site) for their Vacation Bible School from June 4`" to June 18`h Hunt Trace Professional Center Request permission to erect a storage shed at Hancock Park Bid approval for the Sewer Main and Lift Stations Cleaning to American In-Line Inspection for $51,500 Request authorization to accept the Scope of Work from Kimley- Horn for the Lake Winona Bridge Project for $9,025 Council Member Mullins moved to approve consent agenda minus items 2 and S; seconded by Council Member GoodQame. The motion passed with all members present voting "aye ". Mayor Turville questioned placing a storage facility on the parks. City Manager Saunders remarked that he is not concerned with having a storage shed at the park. The Girls Softball • League constructed the concession stand themselves and did not build a storage area. City Attorney Mantzaris recommended a user agreement stating the City will not be responsible for the structure or City of Clermont MINUTES REGULAR COUNCIL MEETING • May 10, 2005 anything pertaining in the structure. Mr. Saunders noted the league would be willing to agree with the suggestion made by Mr. Mantzaris. Council Member Mullins moved to dra t an a Bement with the Girls Softball League to allow them to use a building on our property with them assuming all the liabilities and a clause that either party shall have the right u op n sixty (6D) days written notice to terminate the agreement without cause ~ seconded bx Council Member GoodQame. The motion passed with all members present voting "ate". UNFINISHED BUSINESS Epic Theater Variance Requests Planning Director, Jim Hitt, briefed Council on the variance requests for Epic Theater located at the north east corner of Steve's Road and Hwy 27. The requests are to allow for the grading of a parcel without approved construction or development plans as required by Section 94-193 and to allow for grading in excess of 15 feet rather than a maximum cut/fill of 15 feet permitted by Section 94-195. The original application showed a 29 foot overall cut and fill over the entire site. They have made substantial improvements to the grading plan reducing the overall variance to approximately a 10 foot fill in the back portion of the • lot and one area has been reduced to a 4 foot cut. Staff is recommending approval of the variance requests. Applicant, Duke Woodson, with the law firm of Foley & Lardner, requested approval of the variances. Scott Gentry, Civil Engineer for the project, reviewed the sections of the property that were reduced from the original application. City Manager Saunders remarked staff felt it was more important to minimize the cut in front of the building than to minimize the fill behind it. Mayor Turville opened the public hearing; there were no public comments. Council Member Ash complimented staff and Mr. Gentry on their efforts made in making this a viable site. Council Member Goodgame inquired if they would haul dirt away from the site. Mr. Gentry responded the dirt would be used in the retention pond area and in the remainder of the site. Also, he would have some excess cut to spread out. City Engineer, Tamara Richardson, commented that it minimizes the cut and fill and still makes the site workable. The problem the applicant has is when they lower it, they want to take the dirt and put it on the other side so that when the next project is developed, it will be less expensive for them. Council Member Renick remarked the grading ordinance of 15 feet is generous and hoped they would not need a variance. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING • May 10, 2005 Council Member Ash moved or approval of variances for EPIC Theatre • seconded by_Council Member Goodgame. Council Member Mullins noted if they are hauling dirt off property, then they could cut less and raise the building. Mr. Gentry stated that is where they are at with staff right now. The motion passed 3 to 2 with Council Member Renick and Mayor Turville voti~ "nay " Ordinance 514-M Final Hearing Mayor Turville read Ordinance 514-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of the north fifteen (15) feet of the right-of-way-in tract 56, Lake Highlands Co; a portion of the east fifteen (15) feet of tract 56, Lake Highlands Co; the east fifteen (15) feet of tract SSA, the south fifteen (15) of tract 55, the west fifteen (15) feet of tract SSB, the south fifteen (1 S) feet of tract S SB lying easterly of State Road 25 and a thirty (30) foot reservation as recorded in deed book 71, page 209, Lake Highlands Company, as recorded in Plat Book 2, page 25 of the public records of Lake County, Florida, repealing all ordinances in conflict herewith, providing for severability, • providing for publication and providing for an effective date. Planning Director, Jim Hitt, introduced the ordinance that will close and permanently abandon portions of aright-of--way on Tracts SSA, SSB and 56, Lake Highlands Company. The petitioner, Property Development and Management, has requested closing and abandonment which extends through their parcel approximately 2,600 feet and terminates at the right-of--way on Highway 27. In April 2005, the owner of the property obtained a Conditional Use Permit to construct a shopping center with a movie theater. The current right-of--way extends through the middle of the proposed shopping center project. Since the owner does have the approved conceptual site plan for the project and there are no plans to improve the right-of--way, staff is recommending approval of the right-of--way vacation. Mayor Turville opened the public hearing; there were no comments. Council Member Renick inquired about the City owning aright-of--way. City Attorney Mantzaris responded that it is dedicated to the public for public use. The City is the custodian of the property. Most of the rights-of--way have been dedicated to the public by the original owners or original plat. If it can not be used for public purpose, then there is no value to the City. Mayor Turville explained the Council rarely abandons aright-of--way except for when they have an approved development requesting the use of one. City Manager Saunders confirmed that has been the practice of Council for many years. Council Member Renick moved to approve Ordinance 514-M' seconded bx Council Member Mullins. • The motion passed S to 0 on a roll call vote with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING May 10, 2005 NEW BUSINESS Ordinance 512-Mlntroduction Mayor Turville read Ordinance 512-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 for the purpose an 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 512-M• seconded by Council Member Goodgame. The motion passed with all members present voting "aye „ Ordinance Sl6-M Introduction Mayor Turville read Ordinance 516-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 for the purpose an 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 516-M.• seconded by Council Member Goodgame. The motion passed with all members,~resent voting,_a,~e ". Ordinance 517-Mlntroduction Mayor Turville read Ordinance 517-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 for the purpose an 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 517-M.• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL, MEETING • May 10, 2005 Ordinance 518-Mlntroduction Mayor Turville read Ordinance 518-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 for the purpose an 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 518-M• seconded by Council Member GoodQame. The motion passed with all members resent voting "aye „ Ordinance 519 M Introduction Mayor Turville read Ordinance 519-M 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. 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 519-M• seconded by Council Member Goodgame. The motian passed with all members resent voting "aye " Council Appointments Mayor Turville appointed Ilelen Ellis to the Parks and Recreation Committee Mayor Turville informed City Manager Saunders of 2 semi trailers parked on Second Street and by the pier. Council Member Renick remarked there is an 18 wheeler parked at Poole Park. Mr. Saunders advised Council that staff will check into it. Mayor Turville commented this is the end of the published agenda and opened the floor for any public comment. ADJOURN: With no further comments, the meeting was adjourned at 8:17pm. t~, APPROVED: ~ ~~ / ,. ~"`§`~`' //J~/(,~J Mayor Harold Turville A>E;~ST~ . ~ C.~ •. Tracy Ackroyd, City erk . Q~ ;~ y~: ,.; ~. ; w, `.. .~' ~ , ~ 7 9~y .. ~a4.t yas `"