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04-24-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 The Clermont City Council met in a regular meeting on Tuesday, April 24, 2007 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, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Turville read the National Nursing Week proclamation aloud declaring the week of May 7 - 13, 2007 as Nursing Week in the City of Clermont. MINUTES Council meeting minutes of March 27, 2007 and April 10, 2007 Council Member Goodgame moved approval of the minutes of March 27 as written; seconded by Council Member Mullins The motion passed with all members present voting "aye". Council Member Goodgame moved approval of the minutes of April 10 as written; seconded by Council Member Mullins The motion passed with all members present voting, "aye". PUBLIC COMMENTS Matthew Modica distributed a copy of the original dedication letter of Bishop Field to Council. He suggested revamping the field and recommended a rededication ceremony. Cypress Ridge Elementary students presented quilts they created to raise money to purchase a classroom library for a teacher at St. Martin Upper Elementary School in Ocean Springs, Mississippi. This is a continuation of last year's Quilts to Books project where they raised $2,303. REPORTS City Manager Saunders reported on the County Commission vote to close the South Lake Building Services Department at City Hall. They are looking at cost cutting measures due to a decline in permits issued. Mr. Saunders addressed the County Commission and asked them to not make a decision today. The County Commission unanimously decided to close the office. Commissioner Renick called Mr. Saunders and Council Member Goodgame regarding having second thoughts on the vote and is considering placing back on the agenda. She requested Council support. Council Member Goodgame noted that Commissioner Renick asked her staff to obtain figures on how much income this office was producing and that was not forthcoming. She wants to revisit this situation provided there is support from the Clermont Council to do so. Ciry of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 Mayor Turville suggested staff revive their efforts to have one stop permitting and to proceed with reviewing and updating proposals to have alternative choices at the appropriate time. Council Member Berlinsky recommended a cooperative effort with Groveland and Minneola to share the expense of setting up a Building Department to service the 3 cities. City Manager Saunders advised that Groveland and Minneola contract with a private company to handle permitting and inspections. The other option would be to open our own office with our own employees or consider a company that will contract to provide that service. Staff will look at those options. City Attorney Mantzaris - No Report Council Member Hogan reported on the date change and location of the elected officials meeting from April 27 to May 16 in Tavares. Council Member Goodgame reported on attending the MPO meeting in Orlando. It was discussed that we only receive 82 percent of the Florida Department of Transportation money raised in the Central Florida Counties that is sent to Tallahassee. In 2007, they are anticipating an increase of 92 to 93 percent. On April 21, the section of the rails to trails connecting Orange County to Minneola and Clermont trail was opened. The majority of trail part was property donated by the Caruso family as part of the Blackwest land. Council Member Mullins commented on attending the League of Cities luncheon. The topic of discussion was regarding possible State Legislature decisions on taxes. Mr. Mullins delivered the Women's Club proclamation today. They expressed gratitude for the city work crews taking care of their building and noted the employees are polite and appreciate their efforts. Council Member Berlinsky expressed concern with the Lake County Commission taking a position on not wanting County government to participate in any regional approach to meeting the water needs of Lake County citizens and left it up to the cities. He requested the City of Clermont monitor and try to convince the County Commissioners to revisit the issue and look beyond their own boundaries. Mayor Turville directed City Manager Saunders to draft a letter. Mayor Turville stated Resolution 1519 and the Clermont Crossing Variance Request has been requested to be postponed for 30 days to May 22. Also, Resolution 1523 has been requested to be withdrawn. Council Member Berlinslc~ moved to table Resolution 1519• seconded by Council Member Mullins The motion passed with all members present voting "aye". Council Member Berlinsky moved to table the variance request associated with Resolution 1519• seconded by Council Member Mullins. The motion passed with all members present voting "aye". 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. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 Item No. I -Budget Amendment Request approval to amend the Sanitation Department Budget in the amount of $13,846.00 for the purchase of a new clam truck Item No. 2 -Purchase Approval Item No. 3 -Budget Amendment Item No. 4 -CDBG Administrator Selection Request approval to piggyback Osceola County's bid to purchase Mosquito Control Chemicals Request approval to amend the Recreation Department Budget in the amount of $18,000.00 for additional Summer Programs Appoint Selection Review Committee for the CDBG Administrator Council Member Goodgame pulled item 4 from the consent agenda for discussion. Council Member Goodgame moved to approve consent agenda items 1 2 and 3• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame noted that City Manager Saunders indicated he wanted Mr. Gray to be on that committee and he will not be here. Mr. Saunders stated he planned to bring it back to the next meeting. Council Member Goodgame moved acceptance of item 4• seconded by Council Member Mullins. The motion passed with all members present voting "aye" Council Member Goodgame announced that Assistant City Manager Gray will be leaving the City of Clermont and will be missed. NEW BUSINESS Event Request - LASER/Benchwarmers City Manager Saunders reported on the event request from Lake and Sumter Emergency Recovery (LASER) to allow Benchwarmers, located at 528 8`~ Street, to close their parking lot and have outdoor entertainment for a benefit for the Lake County Tornado Victims on Saturday, May 19. Wesley Cuyler was present on behalf of Benchwarmers. Cara Fitzgerald was present on behalf of LASER requesting approval. Judi Bottari, volunteer for LASER, commented on this event being a fundraiser for the victims of the tornado. There will be activities planned for kids. One hundred percent of the funds will directly benefit the victims. LASER has received grant funds to cover administrative costs. She welcomed everyone to attend the event. Wesley Cuyler noted the request is for the closure of the parking lot on May 19. He spoke with Becker City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 Funeral Home about use of their parking area and acknowledged they will have people directing traffic to the public areas of parking. Council Member Goodgame requested the library parking lot be kept open until the library closes. Mayor Turville opened the public hearing. Andy Boswell requested Council approve the parking lot closure. He is involved in the Poker Run activities of which 50 percent of the funds raised will go to LASER. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve• seconded by Council Member Mullins The motion passed with all members present voting_`aYe" Resolution No. 1521 -Brickhouse Restaurant and Pub Mayor Turville read Resolution 1521 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 restaurant and pub within the Central Business District. Planning and Zoning Director Hitt presented the request for a Conditional Use Permit to allow a Restaurant and Pub within the Central Business Zoning District at 794 W. Minneola Avenue. The proposed restaurant and pub will be open for lunch and dinner. In May 2000, the previous occupant (the Chef's Table) was approved for a Conditional Use Permit (Resolution 1126) to operate a sandwich shop with retail food sales. The previous Conditional Use Permit did not permit any other uses and was specific to the sandwich shop and retail food sales. The applicant intends to operate the restaurant and pub in a manner which will improve and compliment the existing atmosphere of downtown Clermont. The Planning and Zoning Commission recommended approval. There were two (2) memorandums distributed. The first covers a concern Council had when this was brought before regarding lounge bar language. City staff recommended the following language to be included in section 2 Land Use: The Restaurant and Pub authorized herein shall be operated to ensure that the use does not create a nuisance or pose a threat to the public, health, safety, and welfare of the City of Clermont and its residents. The second memorandum adds language to ensure the restaurant is viable. City staff recommended the following language to be included in section 2 Land Use: The Restaurant and Pub authorized herein shall demonstrate, ensure, and provide records to the City at the renewal of their Local Business Tax Receipt each year, that at least 51 percent of its gross revenue is derived from the sale of food and nonalcoholic beverages. Staff recommended approval with the additional wording from the two memorandums with conditions listed in the Conditional Use Permit. Bret Jones, Attorney for the applicant, was present. He is in agreement with staffs report except for the 51 percent requirement. He requested adding qualitative language as opposed to quantitative language and suggested language to state "will provide records to show that it is a viable restaurant". Debbie Lacek, Applicant, was present requesting approval. She described Brickhouse Restaurant and Pub as an upscale establishment. She introduced the designer of the Brickhouse Pub, John McCann. City ojClermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 John McCann described the layout of the restaurant and will be set up to be a full service restaurant. Mayor Turville opened the public hearing. Ed Apadaca, 777 Osceola, spoke as President of the Lakeside Villas Homeowners Association. He met with the Lacek's and reviewed the business plan and proposals. The homeowners feel the restaurant and pub will be a good viable business for the downtown community and recommended approval. Bob Bowman spoke in favor of the request. Mayor Turville closed the public hearing. Council Member Mullins agreed with Mr. Jones on amending the 51 percent wording as it may be difficult to monitor. Council Member Goodgame moved to change the wording that this restaurant/pub shall demonstrate and ensure that this establishment shall be operated as a viable restaurant at all times and the other additional language Mr Hitt read for approval of Resolution 1521 seconded by Council Member Berlinsky Council Member Berlinsky commended the applicant on redrafting the proposal. The motion passed with all members present voting "aye" Resolution No. 1522 -Pillar Development Mayor Turville read Resolution 1522 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 professional office within an R-3 residentiaUprofessional zoning district. Curt Henschel, Planner, reported on the request. The applicant requested a Conditional Use Permit to construct a 2,600 square foot professional office building. Professional offices are classified as a conditional use within the R-3 zoning district. The uses of the adjacent properties to the north, south, and east of the property are also office establishments, permitted as conditional uses in the R-3 zoning district. Staff recommended approval of the request. The applicant, Mr. Unroe with Unroe Engineering, stated he was in agreement with staffs report and was available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve Resolution 1522• seconded by Council Member Berlinsky. Council Member Mullins asked for a brief summary of how this differs from the other one. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 Mr. Unroe replied that the building size was reduced by 400 square foot. The motion passed with all members present voting, "ate Mayor Turville announced the next two items would be heard concurrently Resolution No. 1524 -Gonzales Professional Office Mayor Turville read Resolution 1524 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 exceed 20,000 square feet within the C-2 zoning district. Variance Request -Gonzales Professional Office Mr. Henschel, Planner, presented information on the variance request and Resolution. The request is for a conditional use permit to construct a 24,166 square foot professional office building. The site has an abandoned building formerly operated as the Motel 8. The existing motel building would be leveled in order to make way for the new 3 story building and parking lot. The applicant also requested variances to develop the site. Staff recommended approval of the conditional use permit request. One of the variances requested are to allow for a finished structure height of 56 feet rather than 45 feet and to allow up to 42 feet habitable height rather than 35 feet. Staff recommended approval of this variance. The second variance request is fora 5 foot side yard sign setback to fit a monument sign within the landscape island. Since the original pylon sign will be coming down and the new sign will be in compliance with size standards, staff recommended approval of the 5 foot side yard setback sign variance. The applicant is also requesting a variance to allow for a sloped landscape buffer not to exceed a 3 to 1 slope. Per city code, the perimeter landscape buffer is required to be flat and level. The parcel is adjacent to a very steep grade. Staff does not support this request. Staff believes the applicant is over maximizing the potential square footage of the parcel and recommended denial of the sloped landscape buffer variance request. Applicant, John Nematellah was present requesting approval and was available for, questions. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, noted it is a difficult site to work on as a developer and the State has made it difficult with the road widening project. He suggested consulting with the University of Florida for plant material. Mayor Turville closed the public hearing. Mayor Turville commented that Dr. Gonzales built the medical building across from Advance Auto Parts which was a difficult site. The City did work with him on that site and is a good looking project. Mayor Turville spoke in favor of the request. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 24, 2007 Mr. Nematellah noted he will continue to have the same look and was part of the other medical office. Council Member Mullins questioned needing less of a slope if they reduced the building size and parking. Mr. Nematellah asked to continue using the current slope but still maintain plants and plant material to maintain the look and provide adequate landscaping. Council Member Goodgame questioned the height interior. Council Member Berlinsky spoke in favor of the request. Council Member Goodgame spoke in opposition to the interior height variance. Council Member Berlinsky moved for approval of the Conditional Use Permit• seconded by Council Member Mullins for discussion Council Member Mullins voiced concern with the roof style. Mr. Nematellah noted the adjacent property is the Citrus Tower and is behind the House of Presidents. The motion passed 4 to 1 with Council Member Mullins opposing- It was clarified the variance request for the interior height is 42 foot. Mayor Turville commented on the determinant for selecting a 35 foot interior height in the code was due to not having a ladder truck and now we do. City Manager Saunders stated we do not have an issue with the interior height since we have the equipment now that we did not have when this code was written. Council Member Berlinsky stated the code is no longer reasonable and requested the code be revisited. Mayor Turville encouraged approval of the request. Council Member Berlinsky moved approval of the variances as submitted• seconded by Council Member Mullins with the clarification of the interior height is 42 foot The motion nassed 4 to 1 with Council Member Good a'g_me opposing- Council Member Mullins suggested an ad hoc committee to review the interior height in the City code. ADJOURN: With no further comments, this meeting was adjourned at 8:35pm. ;i e+'` 1. ~::~ ` .``'r . "~r~Y ~'.~l '/. L . ~ ~. e M r~ 1~ APPROVED: _~_. __ ., _.. Harold S. Turville, Mayor