BOARD OF ADJUSTMENT MEETING
CITY OF LAKE BUTLER
FEBRUARY 9, 2009
CALL TO ORDER: Chairman Beasley called the meeting to order at 5:00 p.m.
ROLL CALL: Adjustment Board Members Cason, R. Crawford, Myers, Chairman Beasley, Myers, City Attorney Maines, & City Manager Berchtold were present. Commissioner B. Crawford was absent.
ITEM B. APPROVAL OF THE AGENDA FORMAT.
Motion made by R. Crawford, second by Cason and carried unanimously to approve the Agenda Format.
ITEM C. THIS IS A QUASI-JUDICIAL HEARING. MR. MAINES ADMINISTERED THE OATH TO THE LAND DEVELOPMENT ADMINISTRATOR BERCHTOLD PRIOR TO HIS TESTIMONY.
ITEM 1. PUBLIC HEARING RELATIVE TO APPLICATION LDR-09-01, SUBMITTED BY CHRISTOPHER AND MONTA HETRICK, SUBWAY, 715 E. MAIN STREET, LAKE BUTLER.
Chairman Beasley opened the Public Hearing.
A. Land Development Administrator Berchtold provided a report.
B. Christopher Hetrick, the applicant, was available for questions or comments regarding the request and use.
C. Comments were requested in favor of the proposal and there were none.
D. Comments were requested in opposition to the proposal and there were none.
E. Chairman Beasley closed the Public Hearing on LDR-09-01.
ITEM 2. ACTION ON REQUEST
A. Chairman Beasley asked for comments by the Board members on the
request.
B. Motion made by R. Crawford, second by Cason and carried
unanimously to approve a rear yard setback of four (4) feet based upon the following findings.
· Construction of the freezer is essential to the business operation.
· The applicant has no other land to utilize for this purpose.
· To the north, the adjoining property consists of a non-conforming use, i.e. a mobile home which is owned by Perez Enterprises, the same owner of the plaza where Subway is located.
· The property owners (same) can address any landscape buffering, if desired.
· The variance will create no harm to the general public.
And with the condition: that the City is not responsible for any utility reconstruction resulting from the approval of this variance on construction of the pad.
ITEM 3. ADJOURNMENT OF THE BOARD OF ADJUSTMENT MEETING.
Board of Adjustment Meeting adjourned at 5:08 p.m.
By: __________________________ Attest: ___________________________
Jimmy Beasley, Chairman John D. Berchtold, Secretary
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REGULAR MEETING
CITY OF LAKE BUTLER
FEBRUARY 9, 2009
CALL TO ORDER - ROLL CALL: Mayor Beasley called the meeting to order at
5:15 p.m. and read the following statement: If a person decides to appeal a decision made with respect to any matter at this meeting or hearing, he will need a record of the proceedings and may need to ensure that a verbatim record is made”. Commissioners Cason, R. Crawford, Myers, Mayor Beasley, City Attorney Maines, and City Manager Berchtold were present. Commissioner B. Crawford was absent.
ITEM A. PLEDGE OF ALLEGIANCE - Mayor Beasley led the pledge of allegiance
ITEM B. APPROVAL OF THE AGENDA FORMAT
Motion made by R. Crawford, second by Cason and carried unanimously to approve the Agenda Format.
ITEM C. PROVISION FOR CITIZEN INPUT
There were none.
ITEM 1. CONSENT AGENDA:
· City Commission Minutes of January 12, 2009
· Planning and Zoning Board Minutes of January 12, 1009
· City Commission Minutes of January 21, 2009
· Dog Warden’s Report for January, 2009
· Fire Chief’s Report for January, 2009
· Purchase of Animal Control truck from Alachua County
· Notice from DCA, Closure of CDBG Grant
· April Clean Up Month Notice
· Latter Day Saints Clean Up -= January 28, 2009
· Florida League of Cities -= Legislative Action Day
· NE Florida League of Cities Meeting-February 19, 2009
Motion made by Cason, second by R. Crawford and carried unanimously to remove bullet item 6 from the Consent Agenda and discuss as a separate item.
Motion made by Cason, second by R. Crawford and carried unanimously to approve the Consent Agenda.
ITEM 2. APPROVAL OF PAYABLES AND FINANCIAL REPORTS FOR JANUARY, 2009
Motion made by R. Crawford, second by Myers and carried unanimously to approve the Finance Report and Payables for January 2009.
ITEM 3. SPRAYFIELD LEASE STATUS
Motion made by R. Crawford, second by Myers, opposed by Cason and carried to solicit bids for a spray field lease.
ITEM 4. REQUEST FROM CITIZEN FOR JAKE BREAK ORDINANCE
After discussion, motion made by Cason, second by R. Crawford and carried unanimously to direct the City Manager to prepare an ordinance restricting the use of Jake Brakes within the City limits.
ITEM 5. PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE
2009-1, AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN PERTAINING TO CAPITAL IMPROVEMENTS, FINANCIAL FEASIBILITY, BUDGETING, SCHEDULING THE SAME AND RELATED MATTERS.
Mayor Beasley opened the Public Hearing and asked for comments and there were none.
ITEM 6. SECOND READING AND ADOPTION OF ORDINANCE 2009-01,
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN PERTAINING TO CAPITAL IMPROVEMENTS, FINANCIAL FEASIBILITY, BUDGETING, SCHEDULING THE SAME AND RELATED MATTERS.
Motion made by Cason to adopt Ordinance 2009-01 and to read by title only. City Attorney Maines read the Ordinance by title only, motion second by Myers and carried unanimously.
ITEM 7. DISCUSSION ABOUT FEDERAL STIMULUS PACKAGE
City Manager Berchtold provided a report pertaining to the FAST (Federal Action Strike Team) information he received from the Florida League of Cities. He suggested submitting to DOT the road, sidewalk & sewer needs for the City.
Motion made by Cason, second by R. Crawford and carried unanimously to adopt the tentative plan to submit this request to DOT.
Motion made by Cason, second by R. Crawford and carried unanimously to submit a letter to FDOT regarding the Economic Stimulus Bill Trail Funding Opportunity.
ITEM 8. APPLICANTS FOR POSITION OF RECREATION BOARD MEMBER
City Manager Berchtold provided a status report of proposed draft agreement. Commission Members requested a letter of interest to be submitted from the applicants for the Recreation Board position.
ITEM 9. PUBLIC HEARING REGARDING THE REQUEST OF MR. JIM BORDUA TO VACATE A FIFTEEN FOOT (15’) ALLEY BORDERING SW 9TH AVENUE.
Mayor Beasley opened the Public Hearing and asked for comments and there were none. Mayor Beasley closed the Public Hearing.
ITEM 10. ACTION REGARDING THE REQUEST OF MR. JIM BORDUA TO VACATE A FIFTEEN FOOT (15’) ALLEY BORDERING SW 9TH AVENUE.
Motion made by Cason, second by R. Crawford and carried unanimously to vacate the alley and deed the property to Jim Bordua. Mr. Bordua will pay the cost/fees for the deed.
City Manager Berchtold will provide the appropriate resolution at the next meeting.
ITEM 11. CURFEW ORDINANCE
Motion made by Cason second by Myers and carried unanimously to fine tune the draft ordnance and present at the March 9, 2009 meeting for adoption.
ITEM 12. REPORT OF CITY ATTORNEY
City Attorney Maines informed the Commission Board that he is still awaiting a decision from the hearing officer regarding the Little Rainbow Grant Status.
ITEM 13. REPORT OF CITY MANAGER
**ITEM 6. Consent Agenda – Animal control truck purchase discussion
After much discussion, motion made by R. Crawford, second by Myers and carried unanimously to purchase vehicle from Alachua County.
City Manager Berchtold gave a report regarding the Union Depot. He informed the Commission Board of the appraisal received for the remaining .64-acre parcel at the apparel factory. This appraisal was done due to expressed interest from 2 parties.
Motion made by R. Crawford, second by Cason and carried unanimously to authorize City Manager Berchtold to received sealed bids with a minimum amount of $16,500 for the .64-acre parcel.
ITEM 14. COMMENTS OR REMARKS BY COMMISSION
A. Commissioner Cason explained his No vote for Item 3, stated it was due to the City’s best interest He also stated he was not against bidding for a lease, but the bid process was unclear.
ITEM 15. ADJOURNMENT OF THE REGULAR MEETING.
Motion made by Commissioner R. Crawford, second by B. Crawford and carried unanimously to adjourn the regular meeting at 6:17 p.m.
Respectfully Submitted,
John D. Berchtold, City Clerk
Approved by the Lake Butler City Commission on March 9, 2009.