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01-25-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • January 25, 2005 The Clermont City Council met in a regular meeting on Tuesday, January 25, 2005 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, Ash and Renick. Other City officials present were: Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Pastor Doug Cox gave the invocation followed by the Pledge of Allegiance. REPORTS Assistant City Manager Gray - No Report City Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Goodgame has been in correspondence with the Florida Department of Transportation regarding the speed limit between Hook St. and Johns Lake Rd. He recommended the speed limit be reduced to 40mph due to the difficulty of 18 wheelers stopping when coming down the hill heading south to Johns Lake Rd. DOT is more interested in maintaining the flow of traffic. The speed limits are set at a nearly prevailing 85% speed of free flowing unimpeded •raffic. The DOT cannot justify lowering the speed limit from SSrnpb to 40 mph. The county has added additional green time to the traffic light; Council Member Goodgame. suggested adding more amber time. He will continue his correspondence with the DOT. Council Member Mullins - No Report Council Member Renick attended the Green Swamp trial. Judge Singletary did not rule and wants to hear re judgment in 10 days. 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 -1 Budget Amendment Item - 2 Purchase Approval Item - 3 Event Request Pig on the Pond • Requestapproval to amend the Fire Department Budget in the amount of $6288 to purchase a Canon Copier IR2200 Request approval to purchase MUSCO lighting poles and fixtures for Bishop Field lighting upgrade Request use of the City Boat Ramp on March 12, 2005 for a fishing tournament that will be part of the 7`'' Annual Pig on the Pond event City of Clermont MINUTES REGULAR COUNCIL MEETING • January 25, 2005 Item - 4 Event Request Request permission to close portions of Montrose St., Lake Ave. Ford Cycling Desoto St. and S"' Street to conduct a bike race in Downtown Clermont on April 2, 2005 Item - 5 Event Request Request use of Waterfront Park on April 2-3, June 4-5, July 9- 10, Sommer Sports August 13-14, September 9-10 and October 22-23, for 2005 Triathlon events Item - 6 Event Request Request use of Waterfront Park on April 16 for the 1st Annual American Diabetes Association Tour De Cure fund raiser for diabetes research Item - 7 Event Request Request use of Waterfront Park on February 13 for a fund raiser Rose Biddle for the American Red Cross Item - 8 Plat Approval Hospital View Plat Ron McFarland pulled item 3, Council Member Ash pulled items 4 and 5, and Rose Biddle pulled item 7 from the Consent Agenda. Council Member Mullins moved approval of consent agenda items 1 2,6 and 8; seconded by Council Member Renick. The motion passed with all members voting "a ~e ". Ron McFarland, President of Pig on the Pond requested adding to Consent Agenda Item-3, permission to hold a parade downtown in conjunction with First Friday. The theme would be Pig on the Pond. Mayor Turville requested Mr. McFarland coordinate the details with staff. Council Member Mullins moved ap~roval~'consent agenda item 3 with the parade subject to staffs approval of details • seconded bX Council Member Renick. The motion passed with all members voting "aye ". Council Member Ash expressed concerns regarding the traffic and impact with item 4 and 5 being of similar events and taking place on the same date. Assistant City Manager Gray informed Council the events were at two separate locations and the details have been coordinated with staff. Council Member Mullins had concerns with being able to get in and out of the parking lot at City Hall due to the route of the event. Assistant City Manager Gray assured him there would not be a problem. Council Member Ash moved approval of consent agenda item 4 and 5 • seconded by Council Member Good ame. The motion passed with all members voting "aye ". Rose Biddle stated after contacting the American Red Cross she was informed the deadline for the Tsunami Relief was January 31, 2005 and they could no longer support fundraising efforts by organizations or individuals. The American Red Cross suggested she donate any monies raised to the National Disaster Relief fund for the United States under the American Red Cross. She requested Council Members approval to do so. Council Member Ash moved approval o~ consent agenda item 7• seconded by Council Member Mullins; The motion passed with all members voting "aye ". i City of Clermont MINUTES REGULAR COUNCIL MEETING • January 25, 2005 UNFINISHED BUSINESS Ordinance No. 502 Mayor read Ordinance 502 aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of Lake Minneola Drive lying north of lots 16, 17, and 18 of Johnson's Replat, according to the plat thereof recorded in plat book 8, page 71, public records of Lake County Florida; repealing all Ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Planner Henschel described the right-of-way is located adjacent to Lake Minneola and the west end trail head for the rails to trails network. If adjustments were ever required for the trail network to be realigned or additional facilities to be added along the lakefront, the City would have the flexibility needed for this adjustment. Staff recommends denial of the right-of-way closing. Josef Trapp, petitioner and owner of property, advised Council under normal conditions most of the right-of-way is under water stating it would be difficult to make any use of this property in the future. Also, the trail is on the opposite side of the property away from the lakefront. The reason for this request is to allow his family to build a small home with a boat dock. He commented the restroom facility and parking area for the trail is to the left side ~f the property and would provide a large area for future expansion. Council Member Mullins commented he is more comfortable with the City of Clermont owning as much of the lakefront as possible and is uncomfortable with abandoning the right-of-way. He inquired whether it was possible to grant him an easement to build his dock until such time they need the right-of-way for a City project. Attorney Mantzaris responded that it is possible; however at the time the right-of-way is needed, the dock would have to be removed. This may require the City to force the property owner to remove the dock or the City would have to move it. Mayor Turville commented the streets platted at waters edge has made it difficult for property owners, however this has allowed the community to enjoy public access to the water. In the past, the City of Clermont has denied petitions from owners requesting secured deeds to waterfront property. He prefers to not deviate from this standard. Council Member Mullins stated he would like the City to keep control of the property. Mayor Turville stated future Council may not be inclined to take advantage of the public access if there was private property associated with the beach. Council Member Ash advised she was very reluctant to give up any land on the water. Bruce Campbell, adjacent property owner to the east, inquired about the width of the petitioner's lot line from the 100 year flood line. He stated it is a very narrow right-of-way and questioned the benefit of the City of Clermont ~aving public access on this particular property. The right-of-way width was determined to be 40 feet. City of Clermont MINUTES REGULAR COUNCIL MEETING • January 25, 2005 Mayor Turville explained a possible use would be for water retention and commented on the history of the lakes water levels. Council Member Goodgame stated he would not be opposed to a floating boathouse being constructed. This would allow the boathouse to be towed to an alternate location should the City of Clermont need access to the property Josef Trapp pointed out at the restroom facility there is currently a boat dock and when the water level was at its peak it was at the property's edge. He commented it would be difficult to make use of a 20 foot strip of land for engmeermg purposes. The property would be difficult to use as a berm. Attorney Mantzaris explained liabilities involved in allowing use of the easement by the City of Clermont. The homeowner would have to hold the city harmless for any liability issues that may happen on the property due to being City of Clermont property. A significant amount of insurance would be required along with annual reports to confirm the insurance is sufficient enough for any potential liability issues. An agreement could be entered into stating if the City of Clermont needed the structure to be moved, it would be the responsibility of the owner to incur the expense. Mayor Turville commented on a previous incident stating the City of Clermont had a similar relationship with a roperty owner which caused maintenance issues and made it difficult for the City. He expressed concern of this ~ecoming a common request from other property owners and stated he was not in favor of this request. Council Member Ash expressed concern about the degradation of the shoreline and others coming forward with the same request. Bill Banzhaf, 931 W. Montrose St., expressed concern of the City denying the request based on future use of water retention and degradation of the shoreline. He advised the Council most owners with waterfront property try to improve the shoreline and noted the Wakeboard Camp is already degrading the shoreline. Mayor Turville explained the purpose of these undeveloped roads is for future utilization. He also explained the probability of this road not having been developed is due to a former large citrus operation. Mark Chodos, state licensed contractor, advised the Council that oftentimes land that is under water falls within other jurisdiction. Mayor Turville closed of the public hearing. Council Member Mullins moved for denial of Ordinance 502-M; seconded by Council Member Ash; The motion passed 5 to 0 on a roll call vote with all members present voting "age ". NEW BUSINESS Resolution No. 1420 ~rlayor Turville read Resolution 1420 aloud by title only. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING • January 25, 2005 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a retail store and game room to occupy over 3,000 square feet of space in the Central Business District. Planner Henschel advised Council of the applicants request to operate a game and hobby store out of a 4,300 square foot building in the Central Business District. The former business operated under a Conditional Use Permit to operate aretail/ hobby store over 3,000 square feet. The applicant currently operates a business in the Central Business District and is outgrowing his space. Staff has concerns over parking accommodations with the limited number of on site parking spaces. The City of Clermont has public parking close to the property. Staff recommends approval of the request. Council Members had questions regarding parking and the applicant was not present. Council Member Renick moved to table Resolution 1420 to Februar~8th; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Resolution No. 1421 Mayor Turville read Resolution 1421 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 expansion of church facilities in the R-3 Zoning District. Planner Henschel advised Council of the churches intent to expand its facilities by including a single family residential structure to the overall site plan. The church recently acquired the house and property at 949 7`h St., and would like to use this facility for Sunday School, Bible Study, and general church related meetings. Additional property provides required number of parking spaces. Staff recommends approval of the CUP request. Greg Rather, Chairman on the Board of Trustees at the First United Methodist Church, explained the plans for the expansion of the church property would allow additional space for church meetings. Council Member Goodgame complimented the First United Methodist Church for the upkeep of the church property. Council Member Goodgame moved approval of Resolution 1421; seconded by Council Member Renick; The motion passed with all members voting "aye ". Resolution No. 1422 Mayor Turville read Resolution 1422 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution 992 to allow for the construction of a 2 story building which will have residential and office uses and to allow for the existing 513 square foot building to be used as an office. • City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2005 Planner Henschel introduced the request by stating the applicant intends to amend the existing CUP to include additional office space and apartments. The existing CUP allows for a restaurant use on the property, the existing restaurant is operating under the name of Pasta Vino. There is additional vacant land on the property, and has developed a plan to construct an apartment /office building on the vacant portion of the parcel. The development plan would consist of a two story building on the north portion of the lot which would be used for office and apartment use. The bottom floor would house two one bedroom apartments with 800 square feet of office space for each apartment, and the upper floor would house one two bedroom apartment. The applicant is also requesting to utilize an existing 513 sq ft building as office space. This building is part of the overall CUP, but has never been designated for a specific use. The total office space proposed between the two buildings will be 2113 sq ft, and the parking requirement would be a total of eight parking spaces. Staff has concerns over parking accommodations with the limited number of on site parking spaces. Staff recommends approval to amend Resolution 992, due to on street parking available in front of the business and the applicant has the ability to purchase an off site parking space. Mark Chodos, applicant and developer of property, mentioned businesses who have expressed interest in leasing office space with one being a medical office in which the City of Clermont denied occupancy due to the existing CUP on property. He expressed the growing need for a single person office. There is a driveway and onsite parking. Currently there are 7 parking spaces available. He would purchase an additional parking space, if necessary. ~ouncil Member Ash questioned where the additional parking is located. Assistant City Manager Gray stated there is not a location; it would be purchased through a parking fund to be used in the future when the City of Clermont develops more parking. Mark Chodos pointed out several parking spaces not being used around the property in question. Mayor Turville also pointed out a location in which there is an abundant amount of public parking. Council Member Mullins questioned the number of parking spaces required for an office as well as the square footage quoted for the building in which the offices are intended. Mark Chodos clarified the size of the office suites to the number of parking spaces. Planner Henschel stated the square footage requirement for apartments is based on the number of bedrooms. Mayor Turville stated the applicants parking has provided parking for the Post Office for several years, however since they relocated the demand of the parking in the area has diminished. Council Member Renick prefers to have residential spaces downtown as opposed to communities with downtown areas that are strictly retail. • Council Member Renick moved approval of Resolution 1422 to amend Resolution 992 ~ seconded by Council Member Goodgame • The motfon passed with all members voting "aye ". C] Council & Mayoral Appointments City of Clermont MINUTES REGULAR COUNCIL MEETING 3anuary 25, 2005 Mayor Turville requested appointment of Peter Geigel and Elwood Treadwell and the reappointment of David A. Pape, Roger Pierce and Carolyn Mathieson to the Planning and Zoning Board. Council Member Ash moved to approve the appointments' seconded by Council Member Goodgame; The motion passed with all members voting "aye ". Mayor Turville requested appointment of Terry Felder, James Davern and Bill Banzhaf and the reappointment of Jim Purvis to the Code Enforcement Board. Council Member Goodgame moved to approve the appointments • seconded by Council Member Ash; The motion passed with all members voting "aye ". Mayor Turville appointed all that requested to be on the Parks and Recreation Committee: Al 5chlazer, Basha Schlazer, Curt Hall, Bob Pinto, Larry Oexner, Rhonda Knudson, Jeff Williams Mayor Turville appointed the following as Outside Agency Representative: Lake County -Metropolitan Planning Organization Liaison Cooper Memorial Hospital Liaison South Lake Chamber of Commerce Lake County League of Cities Board of Directors St. Johns River Water Management District Liaison Lake County Community Action Agency Gail Ash Ray Goodgame Hal Turville Keith Mullins Elaine Renick Mayor will appoint citizen on behalf of the City Council Member Goodgame moved to approve the appointments • seconded by Council Member Mullins • The motion passed with all members voting "aye ". Mayor Turville stated this is the end of the published agenda and opened the floor for audience comments. Elwood Treadwell announced a meeting in regards to the community center on January 27, 2005. Bill Banzhaf questioned when the next CRA meeting was to take place. Assistant City Manger Gray commented it will probably be scheduled in February or early March. Elwood Shelton expressed concern of the cleanup taking place near Desoto and Montrose Street, stating there is still a need for improvement. He requested a sidewalk on Montrose from Hwy 27 as well as near the school. Mayor Turville explained, the City works continuously identifying sidewalk issues. In regards to the dumping of trash and clean up in the area, these are issues that should be addressed with Code Enforcement. Elwood Shelton complimented the progress of Code Enforcement in the area and stated how difficult it is to live in an area where there is a lot of trash being dumped around his yard by other individuals. Jim Purvis spoke on behalf of the Code Enforcement Board stating they have worked very hard to get this area cleaned up and supported Mr. Shelton's concern regarding dumping of trash in the area. ~e advised it might be helpful to have a stronger police presence in the area. Mayor Turville suggested putting large trash 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2005 collection containers in the area to alleviate trash being dumped in prohibited areas. Elwood Treadwell thanked Council for appointing him to the Planning and Zoning Board. ADJOURN: With no further comments, the meeting was adjourned at 8:38 p.m. ss'~~~tF'+w -D-J /` (C *,. t ,_ e~, ~~. "~ i^r~~sy ' _c .~yd, City APPROVED: ayor Harold Turville