Loading...
10-25-2005 Regular MeetingCiry ojClermont MINUTES REGULAR COUNCIL MEETING October 25, 2005 L_J The Clermont City Council met in a regular meeting on Tuesday, October 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: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS There were no public comments. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Goodgame attended the Lake County Board of County Commission meeting. He noted the charter • school landscaping had not been completed according to the agreement. They are currently operating under a temporary Certificate of Occupancy and were told it will be in order before a final Certificate of Occupancy is issued. Also, traffic lights were discussed at various intersections throughout Clermont. The County is proceeding with the light at Lost Lake Road which will be installed next year. Council Member Mullins complimented the Triathlon event held this past weekend. Council Member Renick - No Report Mayor Turville - No Report PROCLAMATION Mayor Turville read aloud two (2) Proclamations aloud declaring National American Indian Heritage Month for November and National Family Literary Day on November 1, 2005. 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-Scope of Services Request authorization to accept Scope of Service from Kimley- Horn & Associates for the Engineering Study for Problem Drainage Areas City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2005 Item No. 2 -Lease Agreement Renewal Renewal of Lease Agreement with Lake County for use of 882 Desoto Street -Sheriff Substation Item No. 3 -Plat Approval Lost Lake Commercial -Tract 6 Item No. 4 -Plat Approval Lost Lake Tract B Bill Banzhaf asked to pull item 2 from the consent agenda. Council Member Ash asked to pull item 1 from the consent agenda. Council Member Goodgame moved to approve items 3 and 4 of the consent agenda; seconded by Council Member Ash. The motion passed with all members present voting "aye ". Council Member Ash asked to concentrate on the drainage problems on 8~' Street. City Manager Saunders explained that 8~' Street and West Avenue is being tied in with the scope of services for phase 2 of the streetscape project which will be on the next meeting agenda for Council consideration. Council Member Ash moved approval of item 1; seconded by Council Member Goodgame. The motion passed with all members present voting aye ". • Bill Banzhaf, 931 W. Montrose St, questioned the terms of the lease agreement and the parking spaces not being used. City Manager Saunders advised this is a one (1) year lease with provisions if they choose to terminate the agreement. The original agreement states the angled parking along West Avenue is reserved for Sheriff's Department use. There are no proposed changes to the parking. Council Member Ash moved approval of item 2 on the consent agenda: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Resolution 1449 -Home Depot Mayor Turville read Resolution 1449 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 1) Outdoor display of merchandise; 2) Outdoor storage in rear of the store; 3) a hotdog vendor in front of the store. City Manager Saunders advised Council of the applicants request to postpone to the December 13 meeting. Council Member Mullins moved to table to December 13 • seconded by Council Member Goodgame. The motion passed with all members present voting"aye ". • 2 City ojClermont MINUTES REGULAR COUNCIL MEETING October 25, 2005 • NEW BUSINESS Resolution 1451- Floyd Funeral Home Mayor Turville read Resolution 1451 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 2,675 square feet to expand an existing funeral home for a total square footage of 3,825 square feet. Curt Henschel, Planner, briefed Council on the request for a CUP to allow the expandion of a funeral home in the Central Business District. The owner/applicant is Michael Floyd. The applicant previously obtained a CUP to January 2005 but failed to sign and execute the document rendering void. The request is for the same Conditional Use Permit granted in January. Two variances have previously been approved by Council. Staff recommends approval. Michael Floyd was present and promised Council that he would execute the document. Mayor Turville opened the public hearing. Earnest Costa, Kings Ridge resident, spoke in favor of Mr. Floyd's request. Bill Banzhaf, 931 W. Montrose St, spoke on behalf of the Downtown Partnership endorsing the request. • Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Resolution 1451: seconded by Council Member Renick. The motion passed with all members present votin~aye ". Variance Request -Glen Winn Curt Henschel, Planner, explained the variance request from Glen Winn for parking stall dimensions and landscape buffers. The property is located on Cluster Oaks Drive. The first request is to allow a 10 foot landscape buffer along a public right of way. City code calls fora 15 foot buffer along local right of ways. The design of Cluster Oaks office park was designed according to the previous landscape code which required a smaller perimeter landscape buffer. Staff believes there is sufficient area to work with and does not support the variance request. The second request is to allow for 18 feet deep parking stalls. City code requires the first 25 spaces to be 10 feet by 20 feet and after the first 25 spaces the developer may include compact spaces up to 10%. Staff does not feel a hardship has been proven and does not support the variance request. Rick McCoy was present on behalf of the applicant. The proposal is for 5% less than the 9,000 square foot required perimeter buffer. Glen Winn asked for leniency from the Council with this being on a small lot. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. L~ City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2005 Council Member Mullins questioned staffs statement that the applicant has sufficient area to work with. He asked about shrinking the building. Council Member Goodgame suggested taking 2 feet off of the building. City Manager Saunders confirmed. Council Member Ash inquired if parking requirement would decrease with a reduction in the building. Mr. Henschel replied they would not be required to provide 1 or 2 spaces. City Manager Saunders stated in order to meet the code; it would need to be reduced by 7 foot in one direction and 2 feet in the other direction. Council Member Goodgame noted he is more concerned with the parking spaces meeting code. Council Member Mullins prefers to not have small parking spaces. Council Member Mullins moved to grant variance number 1 to allow a 10 foot landscape bu er along Cluster Oak Drive in the area o the parking lot. seconded by Council Member Goodgame The motion failed 2 to 3 with Council Members Goodgame and Mullins voting "aye "and Council Members Ash and Renick and Mayor Turville voting "nay ". .Mayor Turville stated the Council adopts a standard to create an appeal to enhance the community aesthetics. Council Member Mullins moved to deny variance request number 2: seconded by Council Member Goodgame. The motion passed with all members present voting"aye ". The next two (2) items will be heard collectively as they are related. Resolution 1452 -Pointe at Jacks Lake Mayor Turville read Resolution 1452 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 building to accommodate five (5) tenants rather than the four (4) allowed by code. Curt Henschel, Planner, reported on the Conditional Use Permit for a retail shopping center with more than four (4) users. It is located east of Dunkin Doughnuts. The parcel is zoned C-2 (General Commercial) as an out-parcel of the Clermont Regional Shopping Center. The site is vacant with the north and east sides planted with pine trees. There is a mixture of commercial uses in the vicinity of the subject property. This area is appropriate for this type of development. Staff recommends approval of the Conditional Use Permit. • City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2005 • Variance Request -Pointe at Jacks Lake There are two variance requests. One is to allow the north and east landscape buffer to be sloped to the maximum 3 to 1 slope. This due to the fact there is an existing landscape buffer installed with the shopping center in 1992. The pine trees have matured to form an effective buffer as intended for the shopping center. The applicant intends to keep the existing buffer. Staff supports the variance request. The second request is for the use of existing plantings along the northern east landscape buffers. The applicant believes there is sufficient buffer in place with the existing planted pines and 3 to 1 slope. Staff suggests rather than no plantings at all to have the applicant work with staff to install plantings in areas that are less screened by the existing pine trees. John Schmid, Applicant, was present and available for questions. He noted his intention to not disturb the natural vegetation area behind the building. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned whether the east of the building is per city code. Mr. Saunders remarked the code requires a 10 foot landscape buffer adjacent to the parking lot at the level of the parking lot. The applicant is not proposing to do that. There is a retaining wall on the east end of the parking area with shrubbery in front of the retaining wall. Code requires plantings in front of the retaining wall but also requires 10 feet of the buffer at the same elevation of the parking to screen the parking from the road. He noted concern with vegetation on the east side of parking lot being sparse. In order to obtain 10 feet, they would have to eliminate 2 parking spaces or move the • wall to the east. The other option would be to use the other 2 spaces at the end for landscaping with uncertainty of how it would affect the required parking on the site. He noted a clarification on the comment made about the 3 to 1 slope being consistent with the shopping center which is not correct; there is a 3 to 1 slope around the back side of the shopping center but there is a flat area behind the curb where they do have a hedge and trees planted. He recommended planting additional trees to give the same buffer as the parking. Council Member Mullins questioned if the objective is to block the view of the wall or the parking lot. Mr. Saunders responded the code addresses both with one requiring a buffer to the parking lot and another code requiring plantings in front of the wall. Council Member Ash noted her preference to have plantings on the east side. Council Member Renick moved acceptance of Resolution No. 1452; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville voting; "nay ". Council Member Renick moved acceptance of the variance request to allow sloped landscape bu ers on the east and north side of the site rather than the level and flat bu er required by code; seconded by Council Member Mullins. The motion passed with all members present voting „aye ". Council Member Renick moved acceptance of allowing the existing plantings or the required plantings on the north side of the property seconded by Council Member Ash. The motion passed with all members present voting"aye ". • City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2005 • Ordinance 348-C -Introduction Mayor Turville read Ordinance 348-C aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the Code of Ordinances chapter 2, article VI, division 2 "Impact Fees"; amending section 2-263 "Definitions"; amending section 2-264 "Impact Fee Schedule" providing for a new impact fee schedule; amending section 2-265 "Special Study Option"; deleting section 2-270 "Refunds" providing for liberal construction; repealing all ordinances or parts of ordinances in conflict with this ordinances to the extent of such conflict; providing for severability, and providing for an effective date. Council Member Mullins moved introduction of Ordinance 348-C; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Agreement Approval City Manager Saunders reported on the agreement between Lake County and the City of Clermont relating to the acceptance of Recreation grants in the amount of $20,000 to be used to upgrade electric and lighting provisions at Bishop Field and $13,333.33 to be used for safety modifications at Chestnut Park, Edgewood Park, Hancock Park, Kiwanis Park, McKinney Park, Montrose Tot Lot, Palatlakaha Recreation Area, Seminole Park and West Beach. The Council previously approved the agreements with the deletion of Section 6 on-non resident fees. The County Manager advised the Commission discussed and is not planning to make changes until after they hired a Recreation Director. Then, they will • work with that person and the Advisory Board on changes. They did increase the budget for non resident reimbursement to cities. He recommended approval with section 6 included. Without that section, the City will not receive the funds. Mayor Turville suggested an addendum to the agreement for one year since the County's contribution is decided annually. City Attorney Mantzaris stated the agreement has a termination clause to terminate on 30 days notice. The only provision is any money not used at the time of termination has to be returned to the County. City Manager Saunders added by not accepting this agreement, the City still could not charge non resident fees at the parks due to having other agreements in place for other grants received from the County in previous years that has the same stipulations. Also, the City does not charge fees at the playgrounds. Council Member Ash moved approval of the Inter-local Agreement with Lake County accepting infrastructure sales tax funds for community recreation projects; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Ash questioned whether the Code Enforcement Board is being disbanded. City Manager Saunders explained the Council provided money in the budget to move from a Code Board to a Special Master. At the last Code Board meeting, he addressed the board informing them of the possible consideration. There will be a workshop scheduled to discuss the details. No decision has been made as it will be decided by the City Council. L' Cl~, of Clermont MUTES EETIl`IG gEGULAR Cp~ICIL M pctober 25, 2005 nts the meeting was adjourned at 8:32Pm• !ADJOURN ~ With no further comme .-''~ - ~-~--~1 ~, pgpVED' Mayor Harold Turville ~~~x~4ltt Yti'S,p~ry ~. ~ ii '. ~, f c yk y~ y ^ t ~ ~ M ~° N~4 i .i ~..., y A\ .'~ f• p^s~ Aarf 4 ~ f k c+LL ~~ ~ L ~T ~~~~~xrGS°t~ (~J J('j~ {{~J~ ,, .• /~ ( C.y . / / .. ATTEST •, ~ oyd, City G rk `racy A