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07-27-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 The Clermont City Council met in a regular meeting on Tuesday, July 27, 2004 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 Ash, Mullins, Caputo and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES City Council Meeting minutes held June 8, 2004 and June 22, 2004. Council Member Mullins moved approval of the minutes as written; seconded by Council Member Caputo. The motion passed with all members present voting "aye ". REPORTS City Mafiager Saunders congratulated Mayor Turville and Council Members Renick and Ash on being unopposed for this coming year's election. Attorney Mantzaris reminded Council of a letter previously distributed to Council regarding the swearing in process of Quasi Judicial hearings. Florida Statutes states that the Council does not have to take action of swearing in citizens. City Attorney Mantzaris recommended removing the requirement from the process. In addition, if someone requests to be sworn in, we are allowed to do so. Mayor Turville stated the Council will move forward with the advice given by Attorney Mantzaris. City Attorney Mantzaris also suggested adding a disclaimer to the agendas with language that additional copies are to be provided to Council of any documentation brought before the Council at a meeting. Council Member Ash - No Report Council Member Caputo advised Council of a letter he received from the Lake Sumter MPO Advisory Committee to appoint a new member and temporarily recommended Assistant City Manager Darren Gray. Furthermore, Council Member Caputo suggested a change in the representation of the MPO and moved to appoint Council Member Ash to serve as the MPO representative from the Cit~ Council while Council Member Caputo serves as the alternate; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Council Member Mullins -No Report Council Member Renick - No Report Mayor Turville - NO Report City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 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 1 - Monument Request Request permission to install a monument at Waterfront Park to honor members of the Lion's Club killed while serving in the US military Item 2 - Urban Search & Rescue Type IV Technical Rescue Team Agreement with the State of Florida Department Financial Services, Division of State Fire Marshall regarding the operation and training of the Urban Search & Rescue Technical Rescue Team Item - 3 Personnel Request Request approval of the Information Technology Coordinator Position effective August 1, 2004 Ray Goodgame requested consent agenda item 1 be withdrawn. Council Member Caputo moved approval of agenda items 2 and 3; seconded by Council Member Mullins. The motion passed with all members voting "aye". UNFINISHED BUSINESS Water & Sewer Agreement - Trycon, Inc. City Manager Saunders stated the applicant requested this item be tabled until August 24, 2004. Council Member Mullins moved to table to August 24th; seconded by Council Member Caputo. The motion passed with all members present voting "aye ". Variance Request- South Lake Foundation City Manager Saunders advised Council this request was previously tabled. South Lake Foundation has requested three (3) variances for their future site on 912 West Avenue. The requested variances are to allow a 5 foot wide landscape buffer along the right of way, provide an interior landscape island 5 R. wide and to be relieved from providing replacement trees. Steve Lee, President of the South Lake Foundation, submitted a letter to withdraw the request to be relieved from providing replacement trees. Therefore, they are only requesting 2 variances instead of 3. Furthermore, the site. plan does meet City code and the applicant will double the plantings required along the south side of the property boundary. Mayor Turville opened the public hearing. Paula Jones, 963 W. Juniata Street, lives directly west to the property and requested the parking spaces not be so close to her home and privacy by replacing trees previously removed. Ms. Jones submitted photographs of the property. Robert Allison lives at the property that adjoins the Foundation to the south and inquired about the proposed parking spaces being more than required by code and suggested only having the allotted amount of spaces required by code. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 Charlene Forth, 939 W. Desoto Street, received records and tapes from when the request was originally granted to the applicant. Ms. Forth transcribed the tape and read excerpts from the meeting to include discussions on saving the trees, parking spaces and a butterfly garden. Charles Forth, 939 W. Desoto Street, displayed the original site plan previously approved by the Council. He questioned the 5 foot landscape buffer request instead of the required 10 foot which is the Central Business District requirement. He questioned if this were a commercial district, if the 10 foot buffer would still be required. City Manager Saunders clarified the CBD does have a section requiring a 15 foot buffer along streets however there is a section in the code stating the building can have a zero lot line. Therefore, the buffer may or may not apply to the building. Joe Washuta, 966 W. Juniata Avenue, expressed opposition to the requested variances. Jerry Butler, 854 West Avenue, lives across the street and clarified he is neutral on the request and does not recommend a zero lot line. Eric Jones, 963 W. Juniata Street, emphasized the issue is to maintain quality in the neighborhood. Steve Lee, President of the South Lake Foundation, stated he has worked with the neighbors. Mr. Lee adds that adequate parking has future value and the landscape buffer offered will take care of the concerns of Mr. & Mrs. Jones. Rick McCoy, 713 W. Montrose Street, engineer for the applicant pointed out that on a commercial site, it would require 14 spaces. The applicant has agreed to replace trees. Jim Purvis, 4206 Hammersmith Drive, expressed disappointment of the project and does not fit the location. Linda McMurphy, past president of the South Lake Foundation, informed Council when the property was purchased, it was non-conforming and has tried to help the neighborhood. She requested the Council reconsider approval of the requested variances and is trying to improve the property. Charlene Forth, 939 W. Desoto Street, stated that she does not have a problem with the project however she would accept eight (8) parking spaces and a nice landscape buffer. Paula Jones, 963 W. Juniata Street, requested a 15 foot buffer and to eliminate three (3) parking spaces. Stephanie Butler, 854 West Avenue, exclaimed the site would be worse if it were constructed at zero lot line. Mayor Turville closed the public hearing. Council Member Ash questioned if parking is permitted on West Avenue and Juniata Street. City Manager Saunders clarified that parking is permitted on West Avenue however it should not be allowed on Juniata. Council Member Caputo commented on the landscape buffer if canopy trees are planted, all the neighbors will see is trunk and did not think it would be satisfactory to the neighbors. City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 City Manager Saunders stated the code requires the hedge and a certain number of canopy trees so it will be a combination of both. Rick McCoy clarified the applicant will provide the entire required buffer along the residential portion Council Member Mullins inquired about the two (2) 14" trees located on the southwest corner of the property. City Manager Saunders clarified both trees were removed and will be replaced. Mayor Turville asked Steve Lee if he has considered any alterations such as utilizing mulch instead of pavement. Mr. Lee explained that if the engineering on the impervious is altered, then the permitting process will have to begin again with St. Johns. Council Member Mullins is concerned about safety of on-street parking versus a parking lot. City Manager Saunders stated the City's next step would be to post no parking signs on Juniata. Council Member Renick requests the applicant adhere to the requests of the Jones' by eliminating the parking spaces. Ms. Reniek inquired about what could be built at that location if the Foundation could not be built. City Manager Saunders responded that anything in Central Business District would be allowed with the same parking requirement and could place a two story building with a zero lot line. Council Member Mullins stated this may represent th~ best chance with proper landscaping to restore what was previously on the site. Mayor Turville concurred with Council Member Mullins. Council Member Caputo moved to approve the two (2) variances requested by the South Lake Foundation; seconded by Council Member Mullins. The motion passed 3 to 2 with Council Membet o ,4sh and Renick opt~osin£, Mayor Turville called for a recess at 9:13pm. The meeting, reconvened at 9:31 pm. Mayor Turville stated the next four (4) items on the agenda are related. Ordinance No. 488-M Final Reading Mayor Turville read Ordinance 488-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 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 Ordinance No. 489-M Final Reading Mayor Turville read Ordinance 489-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. NEW BUSINESS Resolution 1386 Mayor Turville read Resolution 1386 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 mixed use development to include restaurants, retail and office space. Variance Request - J& [Y Clermont, £LC Principal Planner Henschel described the exact location of Ordinance 488-M on the North side of Highway 50 - East of the Florida Power substation. This is for an annexation of 3.7 acres. Ordinance 489-M is a request for rezoning from UE Urban Estate to C-2 Commercial District. Resolution 1386 is a request for a Conditional Use Permit to allow for a mixed use development with restaurants, retail and office space located North of SR 50, West of Hancock Road. Mr. Henschel advised that the proposal is for 4 separate buildings on the site and staff supports the Conditional Use Permit. Mr. Henschel noted that the Deparh~lent of Transportation is placing a count box adjacent to the water tower site. In the event it has to be relocated, staff proposed the owner/developer be responsible. In addition, the applicant is requesting a variance to allow two monument signs on SR 50 and a landscape island. Jimmy Crawford, Attorney, was present to represent the owners Jayson Stringfellow and Wade Boyette. Mr. Crawford explained the courtyard concept for pedestrian/outdoor atmosphere. Ray Goodgame, 2118 St. Ives Court, questioned the proposed water well. City Manager Saunders stated the request is made by city staffto allow commercial sites to provide their own well to do irrigation so they do not use potable water for irrigation. Council Member Renick stated they are required to follow the same watering restrictions. Council Member Caputo moved approval of Ordinance 488M as written; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "ave".. Council Member Mullins moved approval of Ordinance 4893/I; seconded bp Council Member Caputo. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Council Member Caputo moved adoption of Resolution 1386 with the addition to Transportation.. Section 4; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 Council Member Mullins moved to grant the variance for signs but not for a landscape island; seconded by Council Member Renick. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Mayor Turville stated the next two items are related to the South Lake Plaza and will be heard simultaneously. Resolution 1387 Mayor Turville read Resolution 1387 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 the construction of an additional 15,390 square feet of retail space. Variance Request- Hurtak Family Partnership Principal Planner Henschel informed Council this is a CUP for South Lake Plaza requesting an amendment to an existing center to construct an additional 15,390 sq. fL of retail space at 684 E. Hwy. 50. It will serve as a retail office supply store. The variance request is to allow 543 parking spaces instead of 667 required by code. Staffrecommends approval of Resolution 1387 and the variance request. Arthur Nix, 17550 CR 455, Mont Verde, Engineer representing the applicant was present. Mr. Nix inquired about the Transportation Impact Fee in section 4 of the Conditional Use Permit. City Manager Saunders explained that language is standard for new construction and should not be in this CUP. Jim Hurtak, 2718 Brookhollow Road, Clermont, is the applicant and was available for questions. Council Member Caputo inquired about a provision to not have the building empty for any period of time if the store decides to relocate. Mr. Hurtak explained that he does have a provision to not allow the building to "go dark". The building can be sub- leased but cannot be vacant. Council Member Mullins requested adding language that that the building cannot be empty. Council Member Renick moved acceptance of Resolution 1387 with adding languaI~e to not "y~o dark" and drop number I of section 4; seconded by Council Member Mullins. The motion passed. with all members present voting "aye ". Council Member Caputo moved appro9al of the requested variance; seconded by Council Member ~lsh. The motion passed with all members present voting "ave ". Painting Purchase Council discussed purchasing an original Waterfront painting for public display. The cost is of the painting is $1700 and $2100 with the frame. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2004 Council Member Caputo moved to purchase the original painting up to $2100for framing; seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Renick ovt~osing. Millage Rate The proposed millage rate is 3.729. City Manager Saunders announced the public hearing dates on September 9 and September 16, 2004. Council Member Mullins moved to advertise the millage rate at 3. 729; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. Joe Washuta asked the City to provide a driveway to property he has on Minneola Avenue. City Manager Saunders stated this is an issue between the two (2) property owners with the abutting owner wanting to close off his portion of the property. Staff will search records regarding an access easement. ADJOURN: With no further comments, the meeting was adjourned at 11:03pm. APPROVED: ATTEST: Tracy Ackroyd, City Clerk 7 City of Clertnont MINUTES REGULAR COUNCIL MEETING July 27, 2004 Council Member Caputo moved to purchase the original painting up to $2100 for framing; seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Renick opposing. Millage Rate The proposed millage rate is 3.729. City Manager Saunders announced the public hearing dates on September 9 and September 16, 2004. Council Member Mullins moved to advertise the millage rate at 3. 729; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. Joe Washuta inquired about a penalty given to South Lake Foundation for the removal of trees. Mr. McCoy stated that a donation will be sent to the tree foundation. Mr. Washuta also asked the City to provide a driveway to property he has on Minneola Avenue. City Manager Saunders stated this is an issue between the two (2) property owners with the abutting owner wanting to close offhis portion of the property. Staffwill search records regarding an access easement. ADJOURN: With no further comments, the meeting was adjourned at 11:03pm. APPROVED: Mayor .Hal Turville Tracy Aek~y~, ~C-~ty-C lea~ 7