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05-28-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 28, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Caputo, Dupee, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Caputo, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick clarified that in the fourth paragraph of page 6 her intent was to discuss how many homes could be issued building permits, and requested that the minutes be changed to reflect this. /1 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimousl? to approve the minutes of th~ Regular Council Meeting held May 14, 2002, as amended. REPORTS City Manager Saunders' Report City Manager Saunders reminded the City Council of its upcoming workshop meeting to be held on Thursday, May 30 fi.om 9:00 to 12:00 at Lake Sumter Community College 2nd Floor Community Room. City Manager Saunders then scheduled a Special Council Meeting xvith the City Council to be held on June 6 at 4:30 p.m. at the Police Department Community Room for approval of the new City Hall bond issue. Council Member Renick's Report Council Member Renick asked if the City/County meeting had been rescheduled yet. City Manager Saunders stated that the City has proposed several dates to the County and should have a new date set by Thursday. Council Member Caputo's Report Council Member Caputo stated he had attended a meeting of the Somerset Homeowners regarding the formation of the Acme Irrigation Company by Lennar. Mr. Caputo further stated that he had been contacted by residents of Summit Greens regarding the water cutoff that recently occun'ed there. He stated that it would be best for the City to notify residents individually in the future prior to cutoff events rather than notify the developer and requested that this be discussed further at a workshop. Council Member Caputo then requested that a letter be sent to County Conm~issioner Bob Pool stressing the importance of making Steve's Road a priority. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 2 City Manager Saunders stated that a letter has been forwarded to Lake County Manager Neron regarding this issue. Council Member Caputo requested that a letter be sent to County Commissioner Pool as well. Council Member Dupee's Report Council Member Dupee stated that she had spoken with Public Works Director Jim Stivender this afternoon regarding the status of Steve's Road. She stated that Mr. Stivender advised that a transportation study is due back by the end of the month for this area and spoke regarding impact fee usage. Council Member Dupee stated that appraisals are being done for Hook Street and recommended that the City Council meet with the Lake County School Board. Council Member Dupee then requested that the Council discuss support of the extra bed tax at its upcoming workshop. No Other Reports PROCLAMATIONS Mayor Turville publicly proclaimed May 2002 as Civility Month and the week of June 2 - 8, 2002 as Chamber of Commerce Week, and read the Proclamations into the record. Jeff Biddle thanked the City for its support and proclamation on behalf of the South Lake Chamber of Commerce. CONSENT AGENDA Item 1 - Tournament Approval Approval of South Lake Little League Tournament Schedule for 2002, and request for reduction of fees Item 2 - Tournament Approval Approval of Clermont Girls Softball League Tournament to be held June 29 & 30, 2002 and request for reduction of fees Mayor Turville removed both of the items from the Consent Agenda to be discussed individually. Item 1 - Tournament Approval - South Lake Little League City Manager Saunders spoke regarding the request for field usage and reduction of fees by the South Lake Little League and regarding the long-standing relationship between the City and South Lake Little League. He stated that it is an honor to be chosen to host this regional tournament and that the City and South Lake Little League will work together regarding the maintenance of the fields during the tournament. City Manager Saunders then recommended that the fees for field usage be reduced by 50% and that the fees for personnel/maintenance not exceed $2,000, for a total not to exceed $4,150. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 3 A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the request for tournament and reduction of fees as recommended by City Manager Saunders. Item 2 - Tournament Approval - Clermont Girls Softball League City Manager Saunders spoke regarding the request for field usage and reduction of fees by the Clermont Girls Softball League and regarding the efforts and contributions made by the Clermont Girls Softball League in building Hancock Recreation Area. City Manager Saunders then recommended that the fees for field usage be reduced by 50%. A motion was made by Council Member Caputo, seconded by Council Member Dupee, and carried unanimously to approve the request for tournament and reduction qf fees as recommended by City Manager Saunders. Mayor Turville stated that he would be rearranging the agenda order as many items need to be tabled. UNFINISHED BUSINESS Ordinance No. 443-M - Final Reading Ordinance No. 447-M - Final Reading Resolution No. 1257 - Cemex, Inc. Mayor Turville read the ordinances and resolution by title only and asked if the applicant was present. City Manager Saunders stated that these items should be tabled for more information. Planning Director Brown stated that the applicant was present and had requested that the hearing of Ordinances 443-M and 447-M move forward, but that he recommends that they be tabled along with Resolution 1257. A motion was made by Council Member Caputo, seconded b¥ Council Member Renick, and carried unanimously to table Ordinance No. 443-M, Ordinance No. 447-M and Resolution No. 1257 to the City Council meeting of June 25, 2002, (time certain). Ordinance No. 441-M - Final Reading Ordinance No. 448-M - Final Reading Mayor Turville read the ordinances by title only and asked if the applicant xvas present. Jimmy Crawford, legal representative for the applicant, requested that the hearing of these ordinances be postponed until July 9, 2002. A ~notion was made bv Council Me~nber Renick, seconded by Council Member Mullins, and carried unanimously to table Ordinance No. 441-M and Ordinance. No. 448-M to the City Council meeting of July 9, 2002, (time certain). City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 4 Ordinance No. 442-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that this request is for a Small Scale Comprehensive Plan Amendment to change the Future Land Use classification from Residential to Commercial for property located on the southeast comer of S.R. 50 and Second Street. He stated that this request is in conjunction with Ordinance No. 449-M next on the agenda. He stated that the request is to have a restaurant and food market at the former Shepard of the Hills Lutheran Church site. Anthony Tin'i, 8022 Lake Nellie Road, the applicant, spoke regarding the renovations planned for the building and regarding the restaurant and market and provided drawings of the planned site. Mayor Turville asked for any public comment. There was none. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 442-M. Ordinance No. 449-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that this request is to rezone the property as described in Ordinance No. 442-M, just prior to this item on the agenda, from R-3 and R-1 Residential to C-1 Commercial for restaurant and market uses. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Anthony Tin-i, 8022 Lake Nellie Road, the applicant, spoke regarding the project Discussion followed regarding usage of the old church for professional office at a later date. Planning Director Brown stated that the applicant would need to come back to request any further usage. Mayor Turville closed the public hearing at this time. A motion was made by Council Me~nber Caputo, seconded by Council Metnber Mullins, and carried unanitnousl¥ to adopt Ordinance No. 449-M. Ordinance No. 445-M - Final Reading Mayor Turville requested that this item be delayed until the applicant arrives. . City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 5 Ordinance No. 446-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that the applicant is requesting the closing of utility easement and right of way for the Yacht Club property located at the northeast comer of East Avenue and Grand Highway. Mayor Turville opened the public hearing at this time. No one spoke. ~1 motion was made b_¥ Council Member Dupee, seconded bY Council Member Mullins, and carried unanimously to adopt Ordinance No. 446-M. Resolution No. 1256 - Tirri Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the operation of a food market and restaurant at 151 West Highway 50 and spoke regarding the request. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Anthony Tirri, 8022 Lake Nellie Road, the applicant, spoke regarding the project and provided a visual presentation. Council Member Caputo discussed the employee parking area with Planning Director Brown. Mayor Turville closed the public hearing at this time. .d motion was made b_¥ Council Member Dupee, seconded bp Council Member Renick, and carried unanimously to adopt Resolution No. 1256. VISITORS WITH BUSINESS Wing Ding thing 4 Event City Manager Saunders stated that Rose and Jeff Biddle have requested use of the Depot property to hold the Fourth Annual Wing Ding event on Saturday, July 6, and that there are some added requests this year, including the sale of alcohol, which requires City Council approval. Rose Biddle explained that this is a fundraiser event in conjunction with the South Lake County Community Foundation to benefit adult learners and that Lake Sumter Community College matches the scholarship amount if enrolled there. She stated that they wish to expand this year to include a beer garden. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 6 Council Member Caputo discussed with Ms. Biddle how the funds would benefit Clermont Main Street and fund scholarships. Council Member Dupee asked Ms. Biddle if this event would take place in conjunction with Super Saturday. Ms. Biddle stated that she would attempt to coordinate that. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimous!¥ to approve the request to hoM the Wing Ding 4 Event on City's Depot property on July 6, 2002. Open Air Sales & Tent Permits City Manager Saunders stated that the applicant is requesting an open air sales permit and tent permit to sell fireworks at Opal Bailey's vacant property north of S.R. 50, next to the Clermont Motor Lodge, from June 25 to July 5, 2002. He stated that the City Council denied a similar request last year due to the dry conditions and that Staff still has concerns regarding the drought conditions and the use of fireworks in the City. Anna Stephenson, the applicant, spoke regarding the types of fireworks she would be selling and stated that they are sparkler type fireworks, and that the same type are being sold in our local stores. Mayor Turville spoke regarding the City's current stance on Open Air Sales and Tent Permits. Council Member Mullins asked Ms. Stephenson to define sparklers. Ms. Stephenson stated that these are fireworks that are non-explosive and non-airborne. She clarified that they are not all hand held and that some varieties can be on the ground. Ms. Stephenson then stated that she would be willing to work closely with the Fire Department and would not set up if a ban is put in force prior to that time or if the Fire Department has concerns. Council Member Renick asked if the Fire Department had expressed any concerns. City Manager Saunders stated he had not been consulted. Council Member Caputo spoke regarding the dry conditions and stated he could not support this request. Council Member Mullins recommended that the City Council table any decision on this request for two weeks to consult with the Fire Department and the City of Eustis, where Ms. Stephenson has sold fireworks in the past. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to table this request until the Council meeting of June 11, 2002. Variance Request - South Lake County Community Foundation City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 7 Mayor Turville stated that the request has been withdrawn by the applicant. Resolution No. 1252 - Utilities, Inc. of Florida Mayor Turville read the resolution by title only. Planning Director Brown stated that this is an amendment to the Legends Planned Unit Development to allow a potable water well on a 40 x 40 parcel within the golf course area and pointed out the area on an overhead display. He stated that the well site is situated well away from any residential units. He stated that the well would be owned and operated by Utilities, Inc. of Florida and pointed out the addition of Condition 6 to Section F, Utilities, in the Resolution. Mayor Turville asked the reason for this added condition. City Manager Saunders stated that this is the size well that was requested to be built. Council Member Renick stated that this condition is not being added in order to limit service to the Legends. Council Member Mullins stated that the St. Johns River Water Management District must also approve this request. Mayor Turville opened the public hearing at this time. Deputy City Clerk Stud/lard swore in the following: Marty Freidman, legal representative for the applicant, spoke regarding the request and introduced Don Rasmussen of Utilities, Inc. of Florida and Duane Booth of Famer, Barley, the engineer for the project. City Attorney Guthrie gave a brief history of the Lake Utilities, Inc. versus City of Clermont lawsuit by stating that Lake Utilities was informed by the City that a Conditional Use Permit would be required for a well they had applied for, and that Lake Utilities had then filed suit as a result of that requirement. He further stated that as a result of this action, any request for potable water well in the City must go through the Conditional Use Permit process. Jim Purvis, 4206 Hammersmi'th Drive, asked why no site plan was provided for this request. City Manager Saunders stated that this is a request for a well site on a 40 x 40 foot parcel. He stated that there is a site plan in the public packet that accompanies the request. Mr. Purvis then verifie6the location of the well with Mr. Booth to be 1800 feet west ofU. S. 27, behind the existing residential area of the Legends on the golf course. Duane Booth of Farner Barley spoke regarding the specifics of the request and described the site and the well to be built. He stated that the water will go to the existing well site at the Vistas at 500 gallons per minute, which would put the water treatment plant at capacity. He then stated that Lake Utilities, Inc. has a Consumptive Use Permit in place that includes this well and the use of the water it will produce. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 8 Donald Rasmussen of Utilities, Inc. spoke regarding the well and the water it will produce. Council Member Renick asked if Utilities, Inc. has come under review for renewal of its Consumptive Use Permit with St. Johns River Water Management District, and if not when will it? Mr. Rasmussen stated that they are currently in the process of a modification to their Consumptive Use Permit due to updating the interconnected water systems in Clermont and that the Permit would have been effective until either 2003 or 2004 without the need for this modification to the Permit. Council Member Caputo then discussed gallonage per minute to be supplied by this well as it relates to the number of homes to be supplied by it. It was determined that this well would supply enough water to service the approximately 600 homes in the subdivision. Council Member Mullins stated that Utilities, Inc. supplies the water and the City of Clermont supplies the sewer to the Legends subdivision because it was decided in court, and that the courts also dictated the allowance of a well on this site to provide that water. Mayor Turville closed the public hearing at this time. A motion was made bp Council Member Mullins, seconded by Council Member Caputo, and carried by a vote offour to one to adopt Resolution No. 1252, with Council Member Renick being the opposing vote. Resolution No. 1253 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to construct a new church campus on approximately 40 acres at the southwest comer of Hartwood Marsh Road and Hancock Road. He stated that the applicant is proposing to construct an 1800 seat worship center, chapel, classrooms and athletic fields and facilities. He stated that it may include a Pre-K through 5th Grade school in the future. Mayor Turville opened the public hearing at this time. Deputy City Clerk swore in the following: Jay Hood of Gladding, Jackson spoke as a member of the church regarding the specifics of the request and regarding the proposal of a future school. John Rocker spoke as a member of the church regarding the need for more space and regarding the use of a well on the site for irrigation. Council Member Mullins asked when Hancock Road will be finished. Planning Director Brown stated that right of way for the western half of the roadway has not been dedicated. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 9 City Manager Saunders stated that the City has recently submitted its wish list to the County for road impact fee projects, with that section of Hancock Road being on it. Council Member Caputo-stated that Seminole County schools should not have been used as a comparison in the traffic study and that no heavy vehicles were shown in the study but that Hartwood Marsh Road and Hancock Road are constantly being used by them. Mr. Hood stated that the traffic study only reflected that the proposed project would not generate any heavy vehicle traffic and that Seminole County schools were shown just as an example of expected peak hours of operation for a school. He then stated that the beginning expected number of students enrolled at the school is approximately 200 and that any future phases would have to come back before the City. Council Member Caputo requested that they make every effort to complete that section of Hancock Road prior to the school going in. Mr. Hood stated that the school is dependent upon that section of Hancock Road being completed. Council Member Dupee asked the status of the planned cut through to the Regency Hills subdivision. Mr. Hood stated that the current easement that is being shared by the two projects for sewer line is a good location for that with a lot separation already there, and that everyone involved seems to be in agreement. Council Member Dupee asked if a decision had been reached on whether to make Hartwood Marsh Road 2-lane or 4-lane. Mayor Turville stated it is still undecided. Discussion followed regarding this subject. Council Member Dupee stated that she wants to see the sidewalks wider than 5 feet. Planning Director Brown stated that could be done with them being 120 feet away. Council Member Dupee then asked about signage for the site. Mr. Hood stated those details'have not been decided at this time. Mayor Turville stated that the City is very concerned that ingress and egress be provided between this site and the Regency Hills subdivision, especially if there is to be a school on the church campus. Mr. Hood stated that he would contact the Regency Hills developer to discuss this matter. Mayor Turville closed the public hearing at this time. ,4 tnotion was made by Council Metnber Dupee, seconded bv Cottncil Me~nber Mullins, and carried u,a~imousl¥ to adopt Resohttion No. 1253. CiO' of Clermont MINUTES REGULAR COUNCIL MEETII~G May 28, 2002 Page 10 City Manager Saundcrs suggested that Resolution No. 1255 bc heard prior to Resolution No. 1254, which would be a longer hearing. Mayor Turville concurred and called a short break. The meeting reconvened at 10:15 p.m. Resolution No. 1255 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the operation of a cafe/deli/bakery at 658 West Avenue. He stated that the Cozy Cat Cafe' would specialize in bakery items. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Dorothy Anglin, 16048 Kealan Circle, Montverde, FL, the applicant, spoke regarding the request. Council Member Mullins asked if sufficient parking is available. Planning Director Brown confirmed this. Council Member Dupee asked the hours of operation. Ms. Anglin stated she would start by opening at 7:00 a.m. and closing at 8:00 p.m. She stated that she will modify those hours in between dependent upon the traffic. A motion was made by Council Member Dupee, seconded bY Council Member Mullins, and carried unanimously to adopt Resolution No. 1255. Ordinance No. 445-M - Final Reading Mayor Turville read the ordinance by title only and requested that City Manager Saunders explain the request. City Manager Saunders stated that this request is for annexation of approximately 20 acres located on the south side of S.R. 50, just east of Rolling Hills Ford. He stated that Staff has concerns regarding the provision of right of way for Hook Street, which is proposed to run along the southern boundary of this property. He stated that Planning Director Brown has discussed with the applicant the possibility of including the property south of this site in this request so that the annexation of both parcels could be addressed along with the provision of right of way for Hook Street, but that the applicant has stated that this would not be possible. City Manager Saunders stated that without an annexation agreement addressing the provision of right of way or without both properties being annexed at the same time Staff recommends tabling this request until the right of way issue can be resolved either through the County or with the City. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 11 Tom Dougherty, the applicant, stated that hc is thc President of thc two different companies that own both properties being discussed tonight and that each company is comprised of a different makeup of shareholders. Mr. Doughcrty stated that he was present at tonight's meeting on behalf of Rocky Mount for the request for annexation and stated that Fox Hill, the owner of the property south of this site, is not ready to annex. Mayor Turville asked City Attorney Guthrie if there is a way to tie the two properties together without common ownership. City Attorney Guthrie stated that it cannot be done without the common ownership but that the decision to annex is discretionary and that concerns on the part of the City is just cause to delay any decision. City Manager Saunders stated that since the two properties are not commonly owned and both properties are not willing to annex at this time, then Staff would request an annexation agreement with Rocky Mount to provide their half of the fight of way. Discussion followed regarding the request as it was advertised. Mr. Dougherty stated that he could not enter into an annexation agreement with the City to donate fight of way when Lake County actually controls Hook Street. He stated that this would not provide him with any guarantees. Mr. Dougherty then stated that if he deals directly with Lake County in donating fight of way then at least he would have some 16verage to reach such an agreement, but to donate to the City would not allow any control. He then requested that the City either annex the property or deny the request this evening since it does not have the power to provide bargaining for Hook Street right of way. City Attorney Guthrie stated that Staff can explore the possibility of an interlocal agreement with the County regarding this issue. City Manager Saunders stated that he would like the opportunity to attempt to craft an agreement that would be acceptable to everyone. Discussion followed regarding the Hook Street construction project. Mr. Dougherty stated that if the City does not annex this property now then Rocky Mount has to spend money to correct an issue regarding a berm problem and the associated fines with Lake County. City Manager Saunders stated that this provides a stronger reason to table this request, since the City should not become involved xvith this Lake County code issue. Mr. Dougherty stated that County Attorney Minkoff had advised him to come to the City of Clermont for annexation in order to make his problems go away. He spoke further regarding the code issue and the $250 per day fines associated ~vith it. Mayor Turville asked City Attorney Guthrie to advise the Council on voluntary or involuntary annexation. City Attorney Guthrie stated that if Mr. Dougherty wishes he can xvithdraxv the request at any time or the City Council can table the request. He then spoke regarding the advertising requirements involved. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 12 City Manager Saunders stated that he would like to see the request tabled until the Code Enforcement issue with Lake County has been resolved. He stated that this would show that the City of Clermont is interested in the possibility of annexation but also will reflect its unwillingness to impede the Code Enforcement issue. A motion was made by Council Member Caputo, seconded b¥ Council Member Mullins, and carried unanimousl~¥ to table Ordinance No. 445-M indefinitely. Variance Request - Center Lake Partnership Planning Director Brown stated that the applicant is requesting a variance to create a Planned Unit Development on 3.215 acres rather than the 10 acres required by Code for the old South Lake Hospital property on Eighth Street. He stated that Staff feels that this mixed use project would be best approved under a Planned Unit Development. Mayor Turville stated that he feels this variance is a good idea for this special site that deserves special consideration. He then opened the public hearing. No one spoke. A motion was made b¥ Council Member Mullins, seconded bY Council Member Renick, and carried unanimousl? to approve the variance request. Resolution No. 1254 - Center Lake Partnership Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to create a Planned Unit Development to allow construction of a mixed use development consisting of residential, retail, office, personal service and restaurant uses on the old hospital complex on Eighth Street. Planning Director Brown then added: Condition//2 to Section 2, Land Use to state, "This project, while being a Planned Unit Development, will fall under the Central Business District zoning regulations for all issues not addressed specifically in the PUD", Condition #3 to Section 2, Land Use to state," On site consumption of alcohol shall be allowed in the development even though th6 licensee's place of business is within 500 feet of an established church or school". In Section 4, add a Section #2 to address parking to be discussed later this evening. On page 3 under Utilities, add Condition #2, "The street improvements shall be made on Desoto Street as depicted on the site plan and consistent with the downtown streetscape plan". Mayor Turville asked dif there is an agreement in place with the church for cross-parking. Planning Director Brown stated that there is not an official agreement in place but that both parties have agreed to agree. Mayor Turville opened the public hearing at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 13 Deputy City Clerk Studdard swore in the following: Dale Ladd, 1135 East Avenue, the applicant, spoke to the City Council regarding the project and addressed architecture, street layout, variances and parking. Discussion followed regarding on-site and off-site parking for the project. Mr. Ladd stated that there would be 152 parking spaces provided on site including the Juniata Street area, with 45 parking spaces provided during off hours at the Doctors offices across the street and 58 parking spaces on the Church property. He stated that there are approximately 60 public parking spaces nearby in the areas of Eighth Street and Desoto Street. City Manager Saunders clarified that in the Central Business District the parking requirement is for 245 parking spaces on site and that the parking requirements for the District have already been reduced. He further stated that some justification is that on street parking is available in the area but that the City Council should be aware that there is a severe shortage of parking that the downtown area will have to make up for. Mr. Ladd stated that the hoped for cross-access agreement with the church would provide an additional 581 spaces. He further stated that this project will bring $150,000 in ad valorem taxes annually. Discussion followed regarding the possibility of additional parking or a parking garage downtown in the future. Council Member Renick stated that if parking becomes a problem then this project and downtown is successful. She stated that the City Council wants this project to be built to help revitalize downtown and that everyone is aware of the parking restrictions. City Manager Saunders stated that while he felt the need to advise the City Council of the facts regarding parking for this project, Staff does recommend approval. Mayor Turville concurred with Council Member Renick and spoke regarding parking in the future and the retainage of tax dollars by the Central Business District. Council Member Caputo asked how trash removal will be handled for the project. Mr. Ladd stated that there will be dumpster sites per Code. Council Member Dupee asked how deliveries will be handled. Mr. Ladd stated that deliveries will be made to the businesses right off the streets as they are in the rest of Clermont, and that early morning deliveries will be stressed. Council Member Mullins stated that the City should begin planning for downtown parking for the future now. Council Member Mullins clarified that the allowance of alcohol consumption on site should be within a restaurant setting and that live music should be restricted to the south side of the project. City of Clermont MINUTES REGULAR COUNCIL MEETING May 28, 2002 Page 14 Mr. Ladd stated that Condition//3 of Section 2 that was added by Planning Director Brown could be made more specific to accommodate Council Member Mullins' concerns. Planning Director Brown stated that another condition should be added as//4 of Section 2 to limit medical offices to 5,000 square feet and prohibit restaurants with delivery and dance studios. Mr. Brown stated that this will allow for up to 15,000 square feet of restaurant space without a Conditional Use Permit. After discussion it was decided that the prohibition of dance studios should be changed to any instructional studios such as dance or karate with groups or classes of five or more. Elaine Tharpe, 2322 Twickingham Court, spoke in favor of the request. Bill Clay stated that the Church is committed to staying downtown and will work to expand in a manner complimentary to the area. Mayor Turville closed the public hearing at this time. ,4 motion was made by Council Member Dupee, seconded b_¥ Council Member Mullins, and carried unanimousl¥ to adopt Resolution No. 1254, as a~nended. Mayor Turville asked is anyone wished to speak on any other issue. Council Member Dupee thanked the members of the Planning & Zoning Co .remission present at tonight's meeting. Joe Janusiak, 1000 Disston Avenue, spoke regarding the need to block off a portion of Disston Street.. City Manager Saunders stated he would meet with Mr. Sanusiak to discuss the issue. There being no further business, the meeting was adjourned at 11:00 p.m. Attest: