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05-23-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2006 • The Clermont City Council met in a regular meeting on Tuesday, May 23, 2006 in the Council Chambers at City Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Cc Members Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, Ass City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Cindy Barrow thanked Council for the advertised letter in the Orlando Sentinel regarding the Karlton project. The S ool Board has taken a stand on Karlton and is not in favor of the project. Jim Purvis, 4206 Hammersmith Drive, thanked the city for providing officers at the Kings Ridge meeting on May 1 and thanked Council for the advertised letter. He also noted that he received a call from Steve Richey. Steve Berlinsky, on behalf of the Downtown Partnership, asked Council to set up a workshop for the purpose of h ving input on where downtown should be in the future and where it fits in with South Lake County as a whole. Matt Modica expressed gratitude with the city's position on the Karlton project. He asked Council to look at the p rks. He also requested a budget breakdown of Palatlakaha Park. • City Manager Saunders stated that each park is not budgeted individually. Council Member Renick stated she walked the fields and thanked Matt for helping to beautify the park. She note the condition of the fields needs work. She requested a budget breakdown for the parks. She inquired about a $150,000 ant. City Manager Saunders advised there is a grant process each year through Lake County called a Regional Park Gra t for $150,000. The city received the first grant to help with Hancock Park. The City is applying again this year. It is giv n to one city each year. It has to be capital improvements not maintenance or personnel. When accepting grants, the C unty has a clause stating that the City cannot charge a different fee for non-city residents using the facility. Council Member Goodgame added that Hancock field is not in good shape. Matt Modica noted that Tom Alex has offered pre-consulting work and Mr. Modica is willing to give ideas. City Manager Saunders stated they met with Tom Alex with the little league board. Mr. Alex gave ideas that th city implemented. The problem is the over-use until Lake County builds more facilities for county residents. Little ague had 750 participants this year. Council Member Renick requested having the department heads budget for each field. MINUTES City Council Retreat minutes of April 24, 2006. • City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2006 • Council Member Goodgame moved to approve the minutes as written • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". REPORTS City Manager Saunders stated he received a letter from a resident thanking the city for the condition of Palatlakaha Pa k. City Attorney Mantzaris - No report Council Member Hogan commented on attending the School Board meeting. Council Member Goodgame announced the City of Mascotte is having a Memorial Day Ceremony on May 29 at 4: pm to honor fallen heroes in the military. Council Member Mullins - No report Council Member Renick advised Council of the direction the cities are taking in regards to the School Concu ency committee. They decided to add a fourth goal to the public schools facility element for Lake County to establish a pr cess to reduce use of existing portables at all school sites. She requested input from the Council. The City Council Concu red. Council Member Renick read an excerpt of the letter submitted from the Water Authority to Lake County regardin the Karlton project. • Mayor Turville noted he attended the dedication of McKinney Park located at Bloxam and Desoto. Mayor Turville noted the items to be tabled and a request from the applicant to withdraw Ordinance 544-M. Ordinance 549-M Council Member Goodgame moved to table to June 13; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1476 Council Member Goodgame moved to table to June 13; seconded by Council Member Mullins. The motion passed with all members present votin~"a~e". Variance Request -First United Methodist Church Council Member Goodgame moved to table to June 13; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Variance Request - PJ Marks Council Member Goodgame moved to table to June 13: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". • 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2006 CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested wishing to have any item pulled for discussion to please come forward at this time. Item No. 1- Event Request Request use of Waterfront Park and parking area (formerly Bell Ceramics) for the 9`h Annual Pig on the Pond Event on March 8, 9, and 10, 2007. Council Member Goodgame moved to approve the consent agenda as amended to note that it does not include the use of Bell Ceramics parkin lot• seconded by Council Member Mullins. The motion passed with all members present votin~aye'. UNFINISHED BUSINESS Ordinance 550-M Final Hearing Mayor Turville read Ordinance 550-M aloud by title only. AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING . ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Barbara Hollerand, Planner, noted both are small scale comprehensive plan amendments. Both still has a County land use and are urban. If approved, they will be final in 31 days. Planning and Zoning Commission recomm approval. This is owned by Robert Seidle. It's a one acre site on the south side of S.R. 50 and west of the extension of Citrus ower Boulevard. The requested change is to Undeveloped District 2. At the time the property was annexed into the Cit and rezoned to C-1, it had urban future land use in the County, which was sufficient to develop the property as light commercial. Because this property is adjacent to the Undeveloped District 2 district, it is appropriate to add the pr perty to this district. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of Ordinance 550-M• 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 May 23, 2006 Ordinance 551-M Final Hearing Mayor Turville read Ordinance 551-M aloud by title only. AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Barbara Hollerand, Planner, reported the owners are Kenneth and Tracy Cassady. At the time the property was ; into the City and rezoned to C-2, it had urban future land use in the County, which was sufficient to develop the ~ as light commercial. Because this property is adjacent to the Undeveloped District 2 district, it is appropriate to property to this district. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. • Council Member Goodgame moved approval of Ordinance 551-M; seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present voting "aye ". NEW BUSINESS Resolution No. 1477 Mayor Turville read Resolution 1477 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 AN EXISTING VETERINARY CLINIC. Jim Hitt, Planning Director, briefed Council on the request for a CUP to expand an existing veterinary clinic lc S.R. 50 and Linton Street. The applicant previously obtained a Conditional Use Permit in September 2003 but start construction rendering the permit void. The applicant is now requesting the same conditional use permit granted in September 2003 and is ready to construct the addition. The expansion will consist of a 1,348 sqi addition that will be connected to the existing building. The existing building totals 2,052 square feet. The total 1 building is 3,400 square feet. Parking will be reconfigured and enlarged to accommodate the additional square Staff recommended approval. Applicant was present, Dr. Roberto Rodriguez, and available for questions. Council Member Mullins questioned whether the applicant would have to apply for a variance fora 7 foot retaining • the .d at d to was foot 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2006 Planning Director Hitt confirmed the applicant would if it is 7 foot however the site plan is not completely final. Council Member Renick moved acceptance of Resolution 1477• seconded by Council Member Mullins. The motion passed with all members_present voting "aye ". Resolution No. 1478 Mayor Turville read Resolution 1478 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 CONVERSION OF AN EXISTING CAR WASH TO A DRIVE-THRU CONVENIENCE STORE. Jim Hitt, Planning Director, advised on the request for a CUP to allow a gas station with a drive thru convenience s' is located at 811 E. Highway 50. This gas station/convenience store/car wash business has been here for a nur years, prior to CUP requirements. The C-2 Zoning District requires a Conditional Use Permit, and with the change small kiosk-style convenience store to a larger drive-thru operation, this CUP is required. The applicant has remo car wash fixtures on the interior of the existing building on the south side of the site and created a larger dri convenience store. There will be an attendant at all times to assist with merchandise. The drive-thru will have o access. Due to the influx of new car wash establishments in the area, the car wash component of the busin decreased, while the necessity for a larger convenience store with drive-thru capability is appealing to the app client base. Staff recommended approval because the existing structure and general uses are remaining the san further noted there is language in the CUP stating landscaping should be brought up to code where possible. The applicant was present. He showed a diagram of the drive-thru convenience store and was available for questions It of the way has rnt's He Jim Purvis commented on the request. He noted they have been operating the drive-thru convenience store fora nth. The applicant attempted to comply with city codes and regulations. They removed machines in an attempt to comply with the city and removed the car wash and built a counter. He questioned if the applicant needed a building permit an how they could be in business for 4 weeks without a citation. Mr. Purvis stated he is not opposed to the business. City Manager Saunders stated the Code Enforcement officer did visit the business and advised them to apply for a Conditional Use Permit. Staff was advised by Lake County they did not require a permit. It was an honest mists a on their part by not knowing they were required to have a CUP. The applicant immediately came in to apply for a C P. If the CUP is not approved, the Code Enforcement officer will give them a violation to appear before the Code Enfor ment Board. Steve Berlinsky advised they came before the Code Enforcement Board on the violation of vending machines ~n the island. They responded by removing the machines. The applicant is attempting to comply with the City. Council Member Goodgame asked City Manager Saunders if this would be a good opportunity for anon-conforming sign to be corrected. City Manager Saunders confirmed there could be a condition in the Conditional Use Permit that the signage be brou~ht up to code by a certain time. The sign on Highway 50 is not in conformance with our existing sign code. • City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2006 • Mayor Turville noted the applicant has done everything to comply as it relates with their new ownership and helping small businesses. Council Member Mullins stated he felt uncomfortable placing language in the Conditional Use Permit noting it is no~ fair for a small business owner. Council Member Mullins moved to admit Resolution 1478 as presented by staff' seconded by Council Member Renick. Council Member Renick asked staff to indicate if an applicant is requesting approval for a business that is already The motion passed 4 to 1 with Council Member Goodgame opposing. Variance Request -City of Clermont Jim Hitt, Planning Director, reported on the request to allow fora 55 foot driveway and apron instead of a forty foot driveway for Fire Station #2 at 2200 Hartwood Marsh Road. The fire station addition will be the home of a new fire ruck and support equipment. The current fire station has two bay doors open for the trucks to exit. The current city code allows driveways to be a maximum of 40 feet in width. With the third bay door facing Hartwood Marsh Road, th new fire truck would not be able to safely access the right-of-way without widening the existing driveway to 55 feet. The hardship in this matter is public safety. Staff feels it would compromise public safety if access to the right-of-way w snot direct. Staff recommended approval of the requested driveway width of 55 feet. • Jim Purvis spoke in favor of the request. Council Member Renick commented when people request variances they are supposed to note a hardship. Council Member Goodgame moved acceptance of the variance request for the City of Clermont; seconded by Council Member Hogan The motion passed with all members present voting "aye ". Council Appointment Oakley Seaver resigned from the Police Officers' Pension Board of Trustees. The City has advertised for a red and received 5 letters of interest from: Catherine Anton, Les Booker, Dr. Gerald Brennan, Edward Goliak, Jensen. Council Member Goodgame moved to appoint Les Booker • seconded by Council Member Renick. Council Member Mullins noted that Lisa Jensen has previously applied. City Attorney Mantzaris advised there could be an issue with a spouse of a police officer on the board. The motion passed all members present voting_"aye ". The appointment of an alternate to the MPO Board is necessary. Council Member Goodgame serves as the representative. Council Member Hogan agreed to serve as the alternate. Lisa • City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2006 • Council Member Goodgame nominated Council Member Hogan to serve as the alternate • seconded by Council Member Mullins. The motion passed with all members present voting "aye " Mayor Turville asked about Council attendance on May 30 to the County Commission meeting to discuss the project. There will be 4 out of 5 Council Members present. City Manager Saunders passed out an outlined presentation he will be making on behalf of the City of Clermont with other staff members who will be there to answer questions on the issues. Council Member Renick suggested each Council Member speak on a different area and requested City Richardson to speak on re-use water. City Manager Saunders noted that he planned to have City Engineer Richardson present on behalf of the City. Council Member Mullins advised he will address the issue of the lack of job opportunities. ADJOURN: With no further comments the meeting was adjourned at 9:OOpm. APPROVED: ,~ Mayor Harold Turville ATTES s ~~ r Tracy Ackroyd, City Clerk lton •