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09-27-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2005 • The Clermont City Council met in a regular meeting on Tuesday, September 27, 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: Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES City Council Special Meeting held on September 8, 2005 City Council Workshop held on September 8, 2005 City Council Meeting held on September 13, 2005 City Council Special Meeting held on September 15, 2005 City Council Workshop held on September 15, 2005 Council Member Goodgame moved approval of all sets of minutes as written; seconded by Council Member Ash The motion passed with all members present voting "aye ". PUBLIC COMMENTS Matt Modica complimented the overall landscaping of the City and addressed concerns with the maintenance of the ball fields at Palatlakaha Park. He requested a report from staff indicating the amount spent on each field. •Tom Alex, Coach of Baseball and Softball Youth Leagues, discussed sod maintenance level at Palatlakaha Park. Rick Roberts, President of Little League, was also present to discuss the ball fields. Assistant City Manager Gray suggested they meet with him, City Manager Saunders and Public Services Director Davis to discuss. Lori Kirkland, 1308 Ryan Street, voiced a safety concern with foliage inhibiting traffic at the intersection of Chestnut and East Avenue. She further noted the trash collection and sidewalks have improved. City Attorney Mantzaris noted he and Ms. Kirkland exchanged contact information to communicate on the status of the neighborhood. REPORTS Assistant City Manager Gray noted the Council workshop has been rescheduled from October 6 to October 12 at 6pm in the Council Chambers. City Engineer Richardson updated the Council on the status of Center Lake. It is being pumped in accordance with the permit. The lake is down by 6.50 inches at this point however she expects the pumping to take approximately 2 more weeks to bring the water level down 2 feet. City Attorney Mantzaris - No Report Council Member Ash - No Report • City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2005 Council Member Goodgame reported on the Tourism Board meeting where they discussed a $1.5 million grant to Lake Sumter Community College and NTC for the softball complex. The total project will cost approximately $6 million. The board will increase their amount to $2 million and Lake Sumter Community College will seek state funds to obtain additional money for the project. Mr. Goodgame stated he wil[ meet with John Moore and Dot Richardson to prepare a report. Also, he attended the School board meeting. Counci[ 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 No. 1 -Event Request Request use of Waterfront Park for the 8`h annual Pig on the Pond event to be held March 9th, 10th and 11`h, 2006 Item No. 2 -Event Request Clermont Girls Softball League • Item No. 3 -Contract Renewal Eagle Fire Protection Clermont Girls Softball League request use of Hancock Park, October 7`h, 8th, and 9th' with reduced fees for the NSA Tournament Request approval to renew contract with Eagle Fire Protection for City Hall fire sprinkler inspections Council Member Mullins moved acceptance of the consent agenda; seconded by Council Member Goodgame. The motion passed with all members present voting? "aye ". NEW BUSINESS Ordinance No. S31-Mlntroduction Mayor Turville read Ordinance 531-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a text change to allowable uses in undeveloped District 6 and a corresponding future land use map change; 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; and providing for severability, conflict and an effective date. Council Member Mullins moved introduction of Ordinance 531-M.• seconded b~ Council Member Goodgame. The motion passed with all members present voting "aye ". • 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2005 • Ordinance No. 532-M Introduction Mayor Turville read Ordinance 532-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a future land use map change; 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; and providing for severability, conflict and an effective date. Council Member Mullins moved introduction o{ Ordinance 532-M,• seconded by Council Member Good~~ame. The motion passed with all members present voting "aye ". Resolution No. 1449 Home Depot Staff advised the applicant requested this item be postponed to the October 25, 2005 Council meeting. Council Member Good~ame moved to postpone Resolution 1449 to October 25; seconded by Council Member Mullins. The motion passed with all members present votin~aye ". Variance Request -McGuire Jim Hitt, Planning Director, briefed Council on the variance request by Bill McGuire for 1651 Grand Flora Ave. This is to allow fora 23.5 foot front building setback rather than the 25 foot building setback. The residence was originally permitted with a 25.5 foot front building setback. Upon receiving this variance request, it appears the house was flipped to a mirror image where the garage is now located on the opposite side from which it was originally permitted. The flipped plan was not submitted, reviewed or approved as a site plan revision. While the applicant constructed the walls of the main residence, a survey was completed for the attached garage and it was discovered the garage would not meet the required setback of 25 feet. The proposed garage would protrude 1.5 feet into the front yard setback. Staff noted there is an opportunity to correct the situation therefore a hardship has not been proven and recommends denial. Bill McGuire, Area Manager for Lennar Homes, was present. He advised Council there was a communication error and once the error was found construction ceased. Mr. McGuire requested approval of the variance request and assured Council this would not happen again with measures taken to alleviate this from occurring another time. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick questioned when the mistake was found. Mr. McGuire replied it was found after the walls were poured and the survey was completed. Council Member Renick asked Planning Director Hitt the reason staff recommended denial. Mr. Hitt advised the variance criteria is defined that if it is their fault to recommend denial therefore staffs recommendation is based upon the variance criteria. • City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2005 • Council Member Goodgame moved approval of the variance request: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Utility Agreement -Amendment Darren Gray, Assistant City Manager, reported on a water sewer service agreement amendment for Harbor Federal Savings Bank. The applicant is requesting an amendment to their water and sewer service agreement that was approved in March 2005. This is an out parcel to a development previously owned by SunDev Properties. The property is located at CR 455 and Hwy. 50. The amendment includes a deviation from our parking requirement due to the relocation of a wall. The wall was relocated to provide adequate separation from the water main. The location of the water main was incorrectly identified on the plans due to poor survey information. Therefore, this agreement would allow for 6 of the 27 parking spaces to be compact parking spaces. City code requires the first 25 parking spaces to be full size spaces. Anything after 25 spaces, code allows up to 10% of the overall parking to be compact spaces. This agreement would also hold the City harmless for any costs associated with the removal and reconstruction of the wail due to service, repair or replacement of the water main. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. Mike Harding, Division Manager for Cochrane Engineering, was available for questions. Mayor Turvilte opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame asked if it would be possible to relocate the wall to do angle parking. •Mr. Harding explained it cannot be done due to a conflict with the water lines. City Engineer Richardson noted the water line cannot be any closer than 5 feet to the wall. Council Member Renick suggested leaving the spaces wider but having a fewer number of parking spaces. Council Member Goodgame concurred to have spaces at 10 foot wide with 5 spaces instead of 6. Mr. Harding agreed with the suggestion to drop one { 1) space to have 26 total spaces instead of 27 and noted the parking lot could be re-striped. Council Member Renick moved to allow 5 parkin spaces. considered to be compact, remaining at 10 feet wide; seconded by Council Member Ash. The motion passed with all members present voting "aye ". ADJOURN: With no further comments the meeting was adjourned at 8: l lpm. i7 ,'~,°: ~ `Erac A oyd, C' Clerk `~:; '~ ~, ~. `~~ ~ ~ . APPROVED: ayor Harold Turville