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07-25-2006 Regular MeetingMINUTES REGULAR COUNCIL MEETING JULY 25, 2006 The Clermont City Council met in a regular meeting on Tuesday, July 25, 2006 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, Hogan 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. PUBLIC COMMENTS Frank Lyon, 935 Brogden, noted problems with the amount of people driving around the speed bumps. He requested lowering the speed limit and extending to the next curb. Andrea Sell, Summit Greens resident, was present on behalf of Kiwanis of South Lake, requested the first fundraising event at the new Community Center when built. Mayor Turville noted staff will document and asked her to follow up. MINUTES Approval of the City Council minutes of the meeting held on June 13, 2006 and June 27, 2006. Council Member Goodgame moved to approve the minutes of June 13: seconded bX • Council Member Hogan The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve the June 27 minutes: seconded by Council Member Council Member Hogan. The motion passed with all members present voting „aye, REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan volunteered to serve on the Water Alliance Committee in place of Council Member Renick when her term ends. Council Member Goodgame noted the County Commission approved funding of Part III of Hooks Street. Mr. Goodgame advised that he questioned Jim Stivender about the traffic light at Hancock Road and Johns Lake Road. The landowners are unwilling to negotiate a price on the right of way therefore; the County will try to obtain through eminent domain. The County is expecting the intersection of Highway 50 and Citrus Tower to be open by the end of August. Council Member Mullins -No Report Council Member Renick - No Report • Mayor Turville remarked on the election qualifying. Seat I, III, and V were all unopposed. Council MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 • Member Hogan qualified for Seat I, Mayor Turville qualified for Seat III, and Steve Berlinsky qualified for Seat V replacing Council Member Renick. Council Member Hogan remarked he has had a pleasant experience in dealing with the Council and staff. Steve Berlinsky stated he looks forward to the opportunity of serving and that he is impressed by the current members of Council and City Manager Saunders. Mayor Turville noted the items requested to be tabled by the applicant for 30 days. Resolution 1475 -Woodwinds Development Variance Requests -Woodwinds Development Council Member Hogan moved to postpone Resolution 1475 and Variance Request for Woodwinds to AuQUSt 22: seconded by Council Member Goodgame The motion ap ssed 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 -Vehicle Surplus Item No. 2 -Contract Extension Request approval to declare surplus 3 vehicles from the Police Department Request extension of the A Secure American Inc. contract to provide vulnerability assessment required by Homeland Security Item No. 3 -Agreement Approval Item No. 4 -Gravity Sewer Lining Item No. 5 -Event Request Item No. 6 -Event Request Request approval of an agreement with Premiere Chemical, LLC for the purchase of odor control chemicals for the sanitary sewer collection system. Request authorization to piggyback the City of Orlando's contract with Miller Pipeline Corporation for sanitary sewer lining Sommer Sports requests use of Waterfront Park, Osceola St. between 7cn & 8`n Streets, City Parking and a Park Attendant beginning Wednesday, Oct. 18 through Sunday, Oct. 22 for the 2006 Great Florida Triathlon w/ Festival of Sports & Fitness event Clermont's Downtown Partnership requests the closing of Montrose St. from Lake Ave. west to West Ave, West Avenue to Osceola St. on Aug. 12, Sept 9, Oct 14. & 15, Nov 11 and Dec 2°d for 2 MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 Saturday Celebration • Item No. 7 -Lemke Repairs Approval of repairs for sewer backup at 2317 Edmonton Court Item No. 8 -Sprint Nextel Amending Site Lease Agreement for 400 12`h Street Site Lease Amendment Members of the audience requested to pull consent agenda items number 5 and 6. Council Member Mullins moved to approve consent agenda numbered 1 2 3 4 7 & 8• seconded by Council Member Goodgame. The motion passed with all members present voting~aye ". Steven Hage noted the Clermont Elks has requested a beer garden as part of the event requested by Downtown Partnership. City Attorney Mantzaris remarked on insurance requirements. Mayor Turville noted the motion should be contingent upon proof of insurance. Steve Newton voiced concern with traffic patterns for downtown during the events. City Manager Saunders advised the only street closing associated with consent item 5 is Osceola between 7th and 8th Street and the intersection of Osceola and 7`h Street on the day of the event. • City Manager Saunders commented the Downtown Partnership request (No. 6) is to close Montrose Street from Lake Avenue to West Avenue. Council Member Mullins questioned the times from 9:30am to 2:OOpm and suggested changing the times from 6:OOam to 6:OOpm. Mr. Saunders confirmed the handicap parking spot would be open. Mr. Saunders recommended having staff work with the Downtown Partnership on the event to determine if it needs to be closed every Saturday. He suggested approving with permission to work with them for whatever closing is necessary for the event. Council Member Goodgame commented request 5 is asking the City to furnish bleachers and noted the City should not provide bleachers however the City should provide attendants. The requested attendant is to keep the restrooms clean. City Manager Saunders strongly recommended not asking staff to be responsible for restrooms as the event staff should handle it themselves. Furthermore, the City never charges an event fee and does not have crews that typically take care of the restrooms. Council Member Renick noted she would like to include a restroom attendant. • Council Member Mullins stated it is our building and the City's image therefore, the City should be MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 responsible. • Council Member Goodgame moved acceptance of consent item number 5 with the City not providing bleachers but providing a restroom attendant• seconded by Council Member Renick. Mayor Turville noted to not call it an attendant. Council Member GoodQame amended the motion to have someone handle the cleaning of the restrooms. The motion passed all members present voting "aye ". Council Member Good~ame moved acceptance of consent item 6 with the event time from 6: OOam to 6: OOpm and the event chair will work with Citv staff on which roads will be required to be closed and require insurance for the Elks Club to have a beer garden seconded by Council Member Hogan. The_ motion passed with all members present voting "aye ". UNFINISHED BUSINESS Mayor Turville advised the two Ordinances will be heard together. Ordinance 560-M Final Hearing Mayor Turville read Ordinance 560-M 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. Ordinance 561-M Final Hearing Mayor Turville read Ordinance 561-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. Barbara Hollerand, Planner, reported the two related requests are to annex 13.7 acres of vacant land and to rezone the property to C-2 commercial. The owner is Richard Bosserman, Trustee and the applicant is Cecelia Bonifay, Akerman Senterfitt. The property is located between S.R. 50 and Hooks Street, west of Hancock Road. Currently, it has Lake County Urban future land use and R-6 Zoning. The plan is to combine this parcel with a 19-acre property to the east that is already in the City and zoned C-2. A mixed-use retail center is proposed on the combined 33-acre property. A terraced shopping/professional office center is planned, with building elevations stepping down from S.R. 50 to Hooks Street. A potential • parking garage is identified on preliminary site plans. 4 MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 • The future land use on the adjacent 19-acre tract is Undeveloped District 6 (UD-6) Commercial. After annexation of the subject property, the owner would be required to apply for a comprehensive plan amendment for a UD-6 Commercial Future Land Use Map designation. Currently, a comprehensive plan amendment text change affecting UD-6 is pending that would limit the intensity on this 33-acre site to a 0.26 Floor Area Ratio, which equates to about 374,000 square feet. That proposed text amendment is also on the agenda as part of the 1 S`-cycle amendment adoption. The 13.7-acre property is within the City's Joint Planning Area and is contiguous to the City on two sides. The subject property is bordered by C-2 commercial zoning on the east and north. Additionally, undeveloped commercially zoned properties are adjacent to the west of the property. Access to the 33- acre site will be from S.R. 50, Hooks Street, and Miss Florida Avenue. Planning and Zoning Commission recommended approval of the rezoning at its meeting July 5. Staff recommends approval of the request for annexation and rezoning. Cecelia Bonifay, Akerman Senterfitt, was present on behalf of the applicant. The property to the east is in the City. The applicant's intent is to combine. The first parcel must be annexed. It is bordered by C-2. If approved, they will return with a site plan. Ms. Bonifay requested approval of the annexation and rezoning. It is consistent with urban designation of the County's comprehensive plan. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved ado tip on of Ordinance 560-M• seconded by Council Member Good~ame. The motion passed S to 0 on a roll call vote with all members • present votin~"aaye ". Council Member Mullins moved adoption of Ordinance 561-M• seconded by Council Member GoodQame. The motion passed S to 0 on a roll call vote with all members present voting "aye ". Mayor Turville noted the next four (4) items would be heard collectively. Darren Gray, Assistant City Manager, gave an overview of the Blackwest property. It is contiguous to the City, located on the northeast part of the Joint Planning Area (JPA). The applicant is proposing a mixed use development of residential and commercial. 140 acres are outside of the City's JPA and staff recommended a map amendment. The County approved the amendment to the JPA to include the northern portion into our JPA. Mr. Gray gave an illustration of the surrounding property. He reviewed the site plan provided by the applicant and highlighted the annexation agreement which is subject to final zoning and comprehensive plan amendment. The density is 2.5 units per acre with single family and multi family and commercial not to exceed 21 acres as illustrated on the site plan. The Growth Resolution is in place of which no building permit will be issued until there is a written agreement with the School Board. Staff recommended additional language to read "Notwithstanding the foregoing, in the event the City of Clermont and Lake County adopt a mandatory school concurrency ordinance., owner shall comply with the requirements of said ordinance" The City will serve up to 1,100 units of residential and commercial however to serve additional units, they would have to build infrastructure. Barbara Hollerand, Planner, briefly reviewed the Large Scale Amendment. The related comp plan amendment is a request for an amendment to the Future Land Use Map and a second amendment to the • Future Land Use Element Appendix C language to allow for amixed-use project with residential, MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 commercial and community facility uses and an Undeveloped District 5 (UD-5) Residential designation. • As required by statute, she advised of having copies of the Florida Department of Community Affairs' Citizen Courtesy Information List Form should someone want to be notified by postcard when the amendment is final. Ms. Hollerand reviewed the future land use map change from County Urban Expansion and Suburban to the City's Undeveloped District 5 (UD-5) Residential. She reviewed the text change to amend Appendix C of the Future Land Use Element to allow for single-family residential, town home and community facility uses at this location, as well as for commercial uses consistent with a subsequent planned unit development. The Planning and Zoning Commission recommended that the language be amended slightly to replace "shall" with "should" and "may." Staff did not object to the recommendation. The allowed square footage for commercial uses on the property is proposed to be capped at 21 acres, or a .O1 Floor Area Ratio which equates to approximately 200,000 square feet of commercial space. The multi-family uses proposed are to be "fee-simple ownership" town homes and not rental apartments. Community facility uses on the property would be outlined at the time of application for the rezoning to a planned unit development. As proposed last year, density would be capped at 2.5 units per acre under the proposed text amendment to UD-5. Additionally, density would be applied to the property's net acreage, less its wetlands and rights- of-way. On this site, the density would equate to approximately 1,100 homes. Under the current Lake County comprehensive plan, Urban Expansion allows for densities of up to 4 units per acre. Suburban land use allows for a base density of 1 unit per 5 gross acres. If timeliness criteria are met, density increases to 1 per 1 gross acre or to 3 per 1 gross acre with a PUD meeting timeliness. The Suburban portion of the property is approximately 140 acres, with the remaining 444 acres in Urban Expansion. Approximately 35 acres of the property are lakes or are within the 100-year floodplain. If the property developed in the County, potentially more than 2,000 homes could be approved. • Staff recommended approval of the Future Land Use Map change and approval of the text change to Appendix C of the Future Land Use Element. Darren Gray noted staff recommended approval of the JPA map amendment, annexation agreement with an amendment, annexation and transmittal of large scale amendment. Cecelia Bonifay, Akerman Senterfitt, was present on behalf of Center Lake Properties. She advised they concur with the proposed changes made by staff in the annexation agreement and agree with the language changes made by the Planning and Zoning Commission. All necessary studies have been done. The officers of the Corporation were present and available for questions. Mayor Turville opened the public hearing. Mark Leeser, 1135 Everest Street, read a letter on behalf of the President of the Summit Greens Resident Association, Alfred Mannella, requesting the development to limit density to one home per acre, provide strict protection of Old Hwy. 50 as a Florida Scenic Highway, construct single family homes only, prohibit construction of commercial, warehouse, office spaces or multi-use building and questioned availability of reclaimed water. Bob Foley, resident of Mont Verde, thanked the Council and staff for care and concern by placing control measures over this community. He spoke in support of annexing the property and requested the City observe the progress of the development to ensure there are no deviations in plans to develop the property. • Jerry Sell, Summit Greens resident, voiced concern with the proposed text change. MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 • Elizabeth Bethune, 14545 Jim Hunt Road, owns adjacent property, commented she is trying to gain better access to the property. At the last hearing, Mr. Gonzalez and Ms. Bonifay noted an entry way would be provided which would allow them to develop property as they wish. She also questioned access to water and sewer pipes running to the property line. She noted this could be overlooked and requested the City of Clermont look into. Richard Bogg, Summit Greens, supported the request of the Summit Green Association and expressed concern with changing the text to `shall'. He also spoke in opposition of allowing commercial property. Stanley Pine, Summit Greens, expressed appreciation to the Planning and Zoning staff for assistance and the City Clerks office for assistance with obtaining public records. He expressed concern with the proposed text change. Mr. Pine spoke in opposition of allowing townhouses. Judy Proli, Summit Greens, spoke in opposition of commercial structures Paul Bethune acknowledged that growth is inevitable in Florida. Jim Purvis questioned allowing acceleration and deceleration lanes as well as a commercial area to a designated scenic route. Glen Buck, 14940 Old Hwy 50, spoke against townhouses and commented if commercial is approved, he would like to see access off of Hancock Road. Mayor Turville closed the public hearing. Mayor Turville inquired about the language change. City Manager Saunders stated the intent of the language change is so they could not exceed what is approved. City Attorney Mantzaris stated that it guarantees the applicant to go to the maximum at 2.5 density and 21 acres of commercial. They are still required to proceed through the final development approvals. Mr. Mantzaris suggested changing the word "should" to "may". City Manager Saunders clarified the applicant will have to return to Council with a Planned Unit Development (PUD) for the entire site to address the roads as well as the acceleration and deceleration lanes. Furthermore, acceleration and deceleration lanes are allowed on the scenic highway. Mayor Turville inquired about Mrs. Bethune's question in regards to ensuring access to sewer and water. City Manager Saunders replied that it will have to be addressed in the PUD as it is standard for staff to look at adjoining properties. Council Members Mullins and Goodgame addressed the issue of reclaimed water in response to Summit Greens request. City Manager Saunders commented on density noting the importance between the County basing density on gross acreage and the City is based on net acreage. • MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 Council Member Hogan noted he is for controlled growth and not opposed to all growth. He noted the • developer wants to work with the schools. He disagreed with the townhouses and spoke in favor of commercial. Council Member Renick stated the City's decision should not be based on what the County can do. She believes it is too dense. Mayor Turville stated that Black West previously approached Minneola. City Manager Saunders confirmed there was an application made to Minneola for annexation at one time however it was withdrawn before a public hearing. Ms. Bonifay replied they had discussions with Minneola. They were considering 3 to 4 units per acre which is over 1,700 units. Council Member Renick questioned whether the request went before a public hearing. Ms. Bonifay stated they did not move forward with a formal hearing. Council Member Mullins liked the project based on the merits of the project. He commented the City will have a say about the townhouses and that it will be a good addition to the community. Mayor Turville commented on understanding the difference between a threat and a real problem. Minneola is in the process of finishing a sewer treatment plant and would be interested in talking to this developer. Mr. Richard Gonzalez commented on his contributions to the community and noted that he would like to do more. He envisions the trail system spreading into this development. Also, he advised of a promise to substitute reclaimed water from Orange County in lieu of pumping water from the aquifer. That gallonage exceeds the daily capacity of the City. This project was promoted by the City and will be complete in August. Council Member Mullins questioned the language change. City Attorney Mantzaris remarked the language reference to the words `shall' or `should' would be better served as "may" in the Comprehensive Plan Amendment. The Planning Board was guaranteeing them of the 2.5 acres and they may choose to have less. Mayor Turville asked Assistant City Manager Gray to describe the current zoning by the County. Darren Gray remarked the current zoning is Agriculture but the land use has 2/3 as Urban Expansion and 1/3 is Suburban. JPA Map Amendment Council Member Mullins moved acceptance of First Addendum to Joint Planning Inter- local Map Amendment; seconded by Council Member Goodgame. The motion passed 4 to 1 with Council Member Renick opposing. • Annexation Agreement -Black West MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 Council Member Goodgame noted this is a utility and annexation agreement. City Manager Saunders remarked that there is one additional sentence added to item F and clarified that once the concurrency ordinance is adopted, they will fall under those rules. Council Member Mullins moved approval as amended • seconded by Council Member Goodgame. The motion passed 4 to 1 with Council Member Renick o~ osier Ordinance 559-M Final Hearing Mayor Turville read Ordinance 559-M 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 adoption of Ordinance 559-M• seconded by Council Member Goodgame. The motion passed 4 to 1 on a roll call vote with Council Member Renick opposing_ Large Scale Comprehensive Amendment -Transmittal Hearing Council Member Mullins moved for transmittal as amended: seconded by Council Member Goodgame. The motion passed 4 to 1 with Council Member Renick opposing Mayor Turville called for a break at 9:39pm; the meeting reconvened at 10:00pm. Ordinance 562-M Final Hearing Mayor Turville read Ordinance 562-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 text changes to allowable uses in Undeveloped District 5 (Verde Ridge, Mirror Lake & the area north of Hunt Trace Blvd/southeast of Oakley Seaver Dr) and corresponding map changes; adopting text changes to Undeveloped District 6 (Hancock Commons & Hancock 15) and corresponding map changes; adopting map changes to Undeveloped District 7 (Southern Pines, Southern Fields Phase 2 & Hartwood Reserve); adopting text changes to the Goals, Objectives and Policies of the Future Land Use, Conservation, and Recreation and open space elements of the Comprehensive Plan (attachment H); 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. Barbara Hollerand, Planner, reviewed the proposed changes to the City's first cycle 2006 large scale Comprehensive Plan Amendment. The Council approved transmittal in April. As required by statute, she • advised of having copies of the Citizen Courtesy Information List Form should someone want to be 9 MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 notified by postcard when any of these items are final. This includes nine items; six of which are • administrative. DCA notified the City that they did not have any Objections, Recommendations or Comments for any of the items. Therefore, the City did not make any changes. Barbara gave a brief overview of each amendment. Staff recommended approval of all proposed changes. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick requested making this more understandable to the public. City Manager Saunders noted the City advertises and provides a contact name and number for more information. Barbara Hollerand remarked that she received numerous calls and provided a detailed explanation of the Ordinance. Council Member GoodQame moved ado tp ion of Ordinance 562-M• seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present votingaye ". Resolution 1479 Mayor Turville read Resolution 1479 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, regarding the Upper Ocklawaha River Basin Management Action Plan; resolving that the City Council supports the continued update and finalization of the plan and the implementation of the plan; resolving that the City shall seek approvals and funding to accomplish the City's responsibilities under the plan; resolving that the City endorses the continuation of a coordinated and comprehensive watershed management approach to address and achieve DEP-adopted total maximum daily loads for the Upper Ocklawaha River Basin; authorizing the City Manager or his designee to sign off on the plan; providing for conflicting Resolutions; and providing an effective date. Council Member Renick reported that the Cities and the County have discussed ways to control run off and to help without polluting the lakes in the area. It is a commitment financially and noted there will be projects every City will have to do. This Resolution is making the commitment to put projects in place to keep lakes clean. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick moved approval of Resolution 1479: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS i~ariance Request -Horton • Curt Henschel, Planner, briefed Council on the variance request to allow for 32 parking spaces at 10 MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 Meineke Auto Care. The applicant, Dennis Horton, proposes to construct an automotive service center • located along the Highway 27 frontage road, just south of Highway 50 and adjacent to the Clermont Bait Shop. The proposed 5,000 square foot building would include an 8 bay service center and a 1,200 square foot office space. The current city code requires 4 parking spaces per service bay plus I parking space per employee, which would result in a 38 parking stall requirement per city code. The applicant would like to count the 8 service bays as parking spaces. Any customer cars that may be left overnight will be parked inside the bay, and not be left outside constraining the parking spaces around the perimeter of the business. In February 2005, the applicant was granted the very same variance request for the automotive service center. Because the applicant did not start construction within the one year time frame, the applicant is required to process the variance request again. Staff recommended approval of the request. Council Member Renick moved approval for the variance reguest• seconded by Council Member GoodQame. The motion passed with all members present voting "aye „ Variance Request -Lucas Curt Henschel, Planner, reported on the request by David and Katherine Lucas at 1962 Brantley Circle. The applicant proposed to sod the pervious areas of their lot with anon-drought tolerant form of turf grass. Specifically, the applicant would like to use St. Augustine grass throughout the yard area. The current city code allows homeowners to use anon-drought form of sod to a maximum 50% of the pervious area with a permanent irrigation system. The remainder of the sod to be used is required to be an approved drought tolerant form of sod. The applicant has maximized the impervious area of the lot by constructing a large single family residence, driveway, and swimming pool. The remainder of the lot may be sodded and landscaped with many options left up to the homeowner/applicant. Staff recommended other alternative landscaping materials or ground cover be used instead of the requested St. • Augustine/Floritam sod, as requested. Staff believes a hardship has not been proven and recommends denial of the requested variance. Katherine Lucas was present and stated she would like to blend in with the neighborhood Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned which type of grass is on either side. Ms. Lucas replied one lot has St. Augustine and the other side does not have any grass. Council Member Renick stated there was confusion as to whether she had to come before the City for a variance. Mr. Henschel advised that the new ordinance was placed on all single family lots. City Manager Saunders replied that the only ones exempt were the ones who may have pulled a permit at the time the ordinance was being approved. Council Member Renick advised a variance would not be required if only 50% of green space is being covered with drought tolerant plantings. Ms. Lucas noted if 50% is St. Augustine then she would plant shrubs on the other 50%. • 11 MINUTES REGULAR COUNCIL MEETING JULY 25, 2006 Council Member Renick questioned needing the variance with 50% being drought tolerant. • Council Member Goodgame moved to table to August 8; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". The next two items are related and were presented together. Jim Hitt, Planning Director, reported on both of the variance requests to allow for a nine foot six inch retaining wall rather than a maximum 6 foot wall. The addresses are 900 Second Street and 940 Second Street. Staff was not opposed to the requests. Applicant, Fred Fallman, was present and available for questions. Variance Request - Mastrantoni-Drutt Council Member Goodgame moved approval of the variance request: seconded by Council Member Mullins. The motion passed with all members present voting"aye ". Variance Request -Simmons Council Member Goodgame moved approval of the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Millage Rate • City Manager Saunders advised the millage rate is set at 3.729. The City is required to notify the Property Appraiser's Office of the proposed rate for the coming year. It will be mailed out to all Property owners. The public hearings will be held on September 7 and 14 to adopt the millage rate. The current millage rate of 3.729 has been in effect since 2001. Mayor Turville opened the public hearing. There were no comments. Council Member Goodgame moved to adopt the millage rate of 3.729; seconded bX Council Member Homan. The motion passed with all members present voting "aye ". Council Member Renick advised there will be a School Concurrency meeting held on Thursday at 1:OOpm at Lake Receptions. ADJOURN: With no further comments, this meeting was adjourned at 10:45pm. '-.; r ~, • ATTEST `Tracy Ackrbyd, City Cler AP o S. Turville, Mayor 12 CITY OF CLERMONT, FLORIDA INTER-OFFICE MEMORANDUM TO • FROM: Wayne Saunders, City Manager DATE: 07/11/2006 FILE: Steve Graham, Police Chief SUBJECT: Surplus Items REFERENCES: surplus vehicles ENCLOSURES: I would like to remove these vehicles from the police fleet and declare them as surplus: 1995 Ford Crown Victoria, #2107, VIN- 2FALP71 WSSX152421. It has 120,244 miles and is in poor co 2002 Chevrolet Impala #2109 VIN-2G1 WFSSK529305009. It has 111,670 miles and will require costly to maintain. 1971 Chevrolet Impala #2139 VIN- 1646917211341. It has 86,232 miles and is in poor condition. It was a confiscated vehicle and not in use. • ~~