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01-27-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 27, 2009 The Clermont City Council met in a regular meeting on Tuesday, January 27, 2009 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:06 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of January 13, 2009. Council Member Goodgame made an amendment to the minutes on page 3 to add the following language to his statement - "and likewise irrigation piping should be city responsibility as well." Council Member Goodgame moved to approve the minutes of January 13, 2009 as amended; seconded by Council Member Hogan. The motion passed with all members present voting_"aye". PUBLIC COMMENTS Ann Dupee, 389 Division Street, stated the public policy committee and economic development committee of the chamber is concerned with making the widening of Highway 50 to Hancock Road a priority of the Metropolitan Planning Organization. This is the part of Highway 50 that affects Clermont. She requested the City of Clermont take formal action and send letters to legislators. Mayor Turville requested City Manager Saunders send a letter. Ms. Dupee also noted receiving a letter from St. Johns stating boat slips is coming back for a review by St. Johns River Water Management on February 10. City Attorney Mantzaris stated if the district approves the request, it will have to come back to the Council as a Conditional Use Permit process, the Council cannot discuss the issue. It will have to be addressed when the issue is before the Council. Mayor Turville encouraged Ms. Dupee to be involved in the process. Furthermore, he clarified the Council cannot discuss land use issues that may come before the City Council. The project will have to be heard by the Council if granted a permit. Mayor Turville noted the state had eliminated a $3.4 million grant previously granted last year and the Governor announced to not those suspend grant funds. Cuqui Whitehead, 837 5`h Street, thanked Council Member Thompson for bringing Clermont to Washington DC in attending the Presidential inauguration. Council Member Thompson stated it was one of the most rewarding experiences of his life. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 27, 2009 Dave Yaeger, Mayor of Minneola, noted last time he did support this council and had support from his Council regarding Lake Minneola. He offered to write a letter of support to the decision made by the Council, if needed. REPORTS City Manager Saunders scheduled two workshops to review the comprehensive plan for February 11 and February 19 at 6:OOpm. City Attorney Mantzaris - No Report Council Member Hogan noted the Boy Scouts luncheon will be held the end of March at Jenkins Auditorium. The annual event recognizes a citizen which will be Dennis Horton. He encouraged everyone to attend. Council Member Goodgame thanked City Manager Saunders and staff for running the retreat meeting and the Historical Society for providing lunch. By February 15, the little Cooper building will be in place at the Historical Society. The Metropolitan Planning Organization (MPO) will hold their regular meeting followed by the installation of new officers and recognition awards for many Lake County citizens who have served the MPO and the County in the past years at the Valencia Restaurant, located at Citrus Tower. One of the items on the agenda is the report by the Transportation Alternative Funding Task Force. This committee was made up of seven members of Lake County's business community, a true cross section of capable and respected leaders in our county. John Moore of South Lake Hospital was our representative. He quoted their concluding remarks of their report to the County Commissioners - "As members of Lake County's business community, we urge you to begin taking very hard steps to reduce expenses and increase efficiencies at all possible levels. Because of homes being foreclosed, and the fact that property values are depreciating at an alarming rate, we know that the general revenue over the next few years will be much lower." Furthermore, he reported the Tourism and Business Relations office reports that bed tax revenues for the first three months are down by 19% compared to the like period in 2008. The slow economy is showing up in the number of tourists coming to Florida. Council Member Mullins stated the League of Cities meeting main focus will be on water management districts. They are trying to appeal to the state for a statewide water program. Council Member Thompson thanked staff, City Manager Saunders and Assistant City Manager Gray for putting together the retreat. He encouraged community involvement in the 125 year celebration. Assistant City Manager Gray stated the 125 year committee meets this Thursday at 6:OOpm 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. I -Event Request American Lung Association Request use of Waterfront on Saturday, April 25 for an Asthma Walk and waiver of parking fees 2 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 27, 2009 Item No. 2 -Event Request Hoopers, A Basketball Nation, request use of Hancock Park Basketball Courts on Saturday April 4"' fora 3-on-3 basketball tournament Item No. 3 -Purchase Approval Item No. 4 -Bid Award Item No. 5 -AgreementAmendment Request approval of a sole source purchase from Water Treatment & Controls for a Wallace & Tiernan pump replacement for the East Water Reclamation Facility Request authorization to award bid for the West Side Wastewater Treatment Facility modifications to Encore Construction Company Request approval of an amendment to the Bailer Holding, LLP agreement to allow for a reimbursement of $11,220.03 for upsizing a water line Council Member Mullins moved for approval of the consent a~?enda; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". UNFINISHED BUSINESS Ordinance 612-M and Ordinance 613-M were requested to be withdrawn from the agenda. NEW BUSINESS Conditional Use Permit Blessed Sacrament Catholic Church The applicant requested this item be tabled to the February 24, 2009 Council meeting. Council Member Goodg_ame moved to table this item to February 24; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Variance Request Sean Brockband Curt Henschel, Planner, presented the variance request to allow fora 21.84 rear yard setback instead of 25 feet, as required in the R-2 zoning district. The addition is an extension to an existing nonconforming residence which does not conform to the front and side setbacks. Applicant, Denise Pyker, was present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins questioned whether any comments were received from the neighbor to the north. Mr. Henschel stated he spoke to a neighbor who had a concern about his view point and is okay with it. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 27, 2009 Council Member Mullins moved to grant the variance as requested; seconded by Council Member Thompson The motion yassed with all members present voting"aye". Variance Request Clermont Landing Curt Henschel, Planner, presented the two variances to allow for the absence of a landscape buffer along internal property lines and to allow for a commercial building to have a zero foot side setback. The 58 acre development incorporates about 360,000 square feet, which includes several retail buildings and a theater building. There are also five outparcels for various restaurants and similar commercial uses along U.S. 27. The applicant is requesting these two variances for the development to establish separate parcels within that would not typically be allowed per current city code. The applicant requested separating the retail shops and the anchor tenant using property lines. In order to accomplish this, a property line would have to be established between the buildings and retail shops. This property line would have a zero lot line setback, and there would not be any room for the typical landscape buffer per the city code. The applicant is not requesting any building alterations or additions to the current site plan. There is a maintenance agreement that covers all parking areas within the development. Staff recommended approval. Mr. Scott Gentry was present representing the applicant and available for questions. Ken Simmons, Construction Manager, was also present. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, opposed both variance requests. Mayor Turville closed the public hearing. Council Member Mullins explained we did this for Target. There is no space between buildings to put landscaping. The landscaping remains in the parking lot. Mr. Henschel further explained. Mayor Turville questioned how dividing affects the parking. Mr. Henschel noted everything is staying the same and all parking is being accounted for. Mayor Turville questioned individual ownership as it relates to parking spaces. Scott Gentry noted staff also requested a copy of the cross access agreement, as part of the application, with drainage utilities access. This is controlled by the Conditional Use Permit in the shopping center. The out-parcels are separate but they will meet all setbacks and buffers. All are covered in the agreement. Council Member Goodgame moved for acceptance of the variances for Clermont Landings; seconded by Council Member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 27, 2009 Council and Mayoral Appointments City Manager Saunders reviewed the four openings on the Planning and Zoning Board expiring this year. Bernadette Dubuss, David Pape, Robert Boyatt and Cuqui Whitehead requested reappointment. David Outlaw resigned from the Planning and Zoning Board leaving a one year unexpired term. He requested placement on the Code Enforcement Board. Furthermore, Raymond Loyko requested appointment. Council Member Goodgame moved the reappointment of those 4 members with terms expiring and RaXmond Lo~ko be appointed to the one year remaining on David Outlaws current term• seconded bX Council Member Mullins. The motion passed with all members present voting_"aye". There are two terms expiring on the Code Enforcement Board. Neither one of the board members requested to be reappointed. David Outlaw requested to serve on the Code Enforcement Board and did not receive any other letters. Council Member Hogan moved to appoint David Outlaw to a 2 year term; seconded by Council Member Mullins. The motion~assed with all members present voting_"aye". Council Member Hogan recommended someone to fill the vacancy on the board. Mayor Turville read the appointments aloud for the outside agency representatives. It was noted the Council would no longer need a liaison to the Cooper Memorial Library which was previously being served by Council Member Goodgame. South Lake Chamber -Council Member Thompson Lake County League of Cities Board of Directors -Council Member Mullins St. Johns River Water Management District -Mayor Turville Lake Community Action Agency -Mayor Turville/Lester Cole (term expires December 2009) Lake Water Alliance -Council Member Hogan Tourism Development Council -Council Member Goodgame Lake Apopka Natural Gas -Ann Dupee (term expires January 2010) Council Member Hogan moved as stated• seconded by Council Member Goodgame. The motion passed with all members present votin~ye". ADJOURN: With no further comments, this meeting was adjourned at 7:53pm. APPROVED: ~~~ urville, Mayor ATT ST: Tracy ckroyd, City rk