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06-24-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 24, 2008 The Clermont City Council met in a regular meeting on Tuesday, June 24, 2008 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 Berlinsky. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. Cindy Barrow, Lake County School Board Member, introduced Dr. Susan Moxley, the newly appointed Superintendent. She will take office November 18 and begin consulting on July 15. Dr. Susan Moxley thanked Council for the opportunity to address the Council. She is looking forward to working with this community and the schools. Mayor Turville welcomed her to south Lake County. MINUTES Council meeting minutes of June 10, 2008. Council Member Goodgame moved the minutes of June 10 2008 be approved as written; seconded by Council Member Mullins. The motion passed with all members present voting-"aye". PUBLIC COMMENTS Dave Outlaw questioned the reclaimed water process and asked when the Somerset subdivision will be scheduled for reclaimed hook up. City Manager Saunders noted the plan is to bring to Council in July or August for the first phase of distribution. The plan is to have the first distribution to homes in March or Apri12009. Mr. Outlaw requested his Homeowners Association be a part of the first phase. City Manager Saunders stated that has been part of the plan. Judy Proli, 1020 Everest, questioned having a traffic light at the side gate at Summit Greens on North Hancock Road. Mayor Turville requested staff prepare a needs analysis. REPORTS City Manager Saunders followed up with Council regarding the Request for Proposal (RFP) discussion at the workshop. Council directed staff to draft an RFP for uses of the old library site. After further discussion with City Attorney Mantzaris, it was recommended for staff to develop language for the RFP City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 24, 2008 and bring back to Council for review and adoption of the language before submitting the advertisement. City Attorney Mantzaris - No Report Council Member Hogan commented on judging a Barbeque event two weeks ago at McKinney Park. Council Member Goodgame reported on towing cars illegally parked in handicapped spaces. City Manager Saunders is working with Chief Graham to tow vehicles away. He suggested drafting an agreement between the City and the shopping centers to allow this to take place. The code does not account for the number of handicapped spaces. Mayor Turville questioned booting of vehicles and requested City Manager Saunders review language. City Attorney Mantzaris explained statutory provisions give law enforcement the authority to tow vehicles in handicapped spaces. A vendor has to follow code restrictions provided by the Florida Statutes on involuntary towing. Council Member Mullins - No Report Council Member Berlinsky - 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 -Fee Reduction Request Request a 50% reduction of fees for the upcoming tournaments for South Lake Little League 6/23 - 6/30 and 7/7- 7/15 Item No. 2 -Agreement Approval Request approval of the Declaration of Restrictive Covenants with the State of Florida, DCA for the of Inland Groves Property Item No. 3 -Change Order No. 4 Request approval of Change Order No. 4 for Fire Station One Expansion in the amount of $2,110.60 Council Member Goodgame moved approval of the consent agenda as submitted; seconded by Council Member Mullins. The motion passed with all members present voting"a.Ye". UNFINISHED BUSINESS Ordinance No. 592-MFinal Hearing Mayor Turville read Ordinance 592-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 the Goals, Objectives, and Policies of the Future Land Use Element of the Comprehensive City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 24, 2008 Plan; 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 effective date. Barbara Hollerand, Planner, presented the large-scale comprehensive plan amendment. The Council approved the transmittal of this amendment in March. She noted the Florida Department of Community Affairs (DCA) has a citizen courtesy information list form. If anyone is interested in providing their contact information on the form, the Florida DCA will send a notification when the Notice of Intent will be published in the Orlando Sentinel. This is an administrative amendment for text changes to the Future Land Use Element. The proposed amendment adds policies to the Goals, Objectives and Policies pertaining to preservation of historic resources. The City adopted a historic preservation ordinance in 2001. However, the comprehensive plan currently contains only three policies addressing protection of historic resources. No new historic preservation policies have been added since the comprehensive plan's adoption in 1991. Since annexations can potentially bring additional historic resources into the City, it is important to have comprehensive plan policies that address their protection and preservation. The City received what is known as a "No ORC letter" from DCA in May, which meant that the Florida DCA had no objections to the amendment. Consequently, we have made no changes to this amendment from what was approved in March. Upon Council approval, this amendment would be transmitted for its second review by DCA, Lake County and the five reviewing agencies. It should be found in compliance with our comprehensive plan by September. Staff recommended approval of the text changes to the Goals, Objectives and Policies of the Future Land Use Element. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Ordinance 592-M; seconded by Council Member Goodg_ame. The motion passed 5 to 0 on a roll call vote with all members present voting"aye". NEW BUSINESS Resolution No. 1570 Mayor Turville noted Resolution No. 1570 requested to be tabled to the July 22, 2008 Council Meeting. Council Member Goodgame moved for Resolution 1570 be tabled to July 22; seconded by Council Member Mullins. The motion passed with all members present voting"aye". Resolution No. 1572 Mayor Turville noted Resolution No. 1572 requested to be withdrawn. There was no action required by the City Council. City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 24, 2008 Variance Request -Clermont Crossing The variance request for Clermont Crossing has been requested to be withdrawn. There was no action required by the City Council. Resolution No. 1569 Mayor Turville read Resolution 1569 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a retail shopping center with more than four users and for a building to occupy more than 20,000 square feet of space in the C-2 General Commercial District. Curt Henschel, Planner, presented information on the Conditional Use Permit. The applicant proposes to combine two buildings that are almost completed with construction into one large 26,000 square foot building. The proposed use will be a mixture of restaurant and recreational entertainment. With the main draw being the restaurant, the entertainment portion will include a full size bowling alley; a small scale bowling alley, an arcade and kids play room. Staff recommended approval of the request. Rick McCoy was present on behalf of the applicant. They have a similar set up in Waterford Landing. He was available for questions. Mayor Turville opened the public hearing. Judy Proli questioned the number of bathrooms and handicapped parking. Mr. Henschel noted there is an additional bathroom in the ice parlor and they are meeting the City's code for parking. Mr. McCoy pointed out the locations of the restrooms and noted the Building Department will ensure they meet all other requirements. Mayor Turville closed the public hearing. Council Member Goodgame disclosed having a meeting with Mr. McCoy to review the previous plan where there was a parking problem. Council Member Good~ame moved for adoption of Resolution 1569; seconded by Council Member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 24, 2008 Variance Request -Mark Entner Curt Henschel, Planner, provided information on the request. The applicant requested a variance for an above ground swimming pool and deck to be located within the required rear yard setback of Lot 1 in the Magnolia Park subdivision. It will extend into the rear yard setback by 15 feet, leaving a 10 foot rear yard setback. Currently, the rear yard setback is fenced in with a privacy fence, and the rear property line is adjacent to the 6 foot brick wall for the subdivision. The side yard setback of 7.5 feet would be met. Staff recommended approval of the variance for the 10 foot rear yard setback. The applicant, Mark Entner, was present. Mayor Turville opened the public hearing. Douglas Faivre, 3417 Glossy Leaf Lane Faber, President of Magnolia Park subdivision, voiced concern with the request and noted it has not been approved by the Homeowners Association (HOA) Architectural Review Board (ARB). Mr. Entner explained the circle outlined includes the deck therefore 10 foot is to the edge of the deck. He has submitted paperwork to the ARB and realizes approval is needed and is awaiting that. Mayor Turville closed the public hearing. Council Member Hogan noted the applicant should be heard by the ARB before the City Council. Council Member Homan moved to table• seconded by Council Member Goodgame. City Attorney Mantzaris advised Council the City code is separate from a Homeowners Association. The Council cannot give permission to violate their Homeowners Association (HOA) and the ARB cannot grant a variance to violate City code. Mayor Turville stated the applicant should not be denied this process. Council Member Goodgame commented it places an undue burden on the HOA if already approved by the Council. Furthermore, the HOA should give the first approval. Council Member Berlinsky recommended amending the code and agreed to table the request. Council Member Mullins disagreed and stated the City should not specify the order. Council Member Hogan amended his motion to table to August 26• seconded by Council Member Goodgame The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 24, 2008 Water and Wastewater Agreement -Room 4 Inc. & Johns Lake Plaza Owners Association City Manager Saunders noted the agreement has been requested to be postponed to the July 8 Council meeting. Council Member Mullins moved to table to July 8• seconded by Council Member Goodaame. The motion passed with all members resent voting_"aye" ADJOURN: With no further comments, this meeting was adjourned at 8:03pm. APPROVED: ~~'' o S. Turville, Mayor 6