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11-09-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 9, 2004 The Clermont City Council met in a regular meeting on Tuesday, November 9, 2004 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, Ash and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the recitation of the Pledge of Allegiance. MINUTES Minutes of Council Meeting held on August 10, 2004, September 14, 2004 and October 12, 2004. Council Member Renick suggested a change to the minutes of August 24 under reports to reflect the Lake County Commission voted against the Council's request. Council Member Mullins moved acceptance of all three (3) sets of minutes as amended; seconded by Council Member Renick. The motion passed with all members present voting "ape ". REPORTS City Manager Saunders scheduled a workshop for November 16 at 6:00pm in the back portion of the Council Chambers. Attorney Mantzaris - No Report Council Member Ash attended the 38th annual Board of Directors meeting for the Lake Community Action Agency. Council Member Mullins - No Report Council Member Renick complimented A1 Freeman, Water Conservation Technician, on doing ~ good job. Mayor Turville - No Report PROCLAMATION Mayor Turville read aloud the Home 4 the Holidays Month Proclamation for the South Lake Animal League. Council Member Mullins read aloud the Alta Trask Day Proclamation commending her as a teacher and administrator. ELECTION RESULTS ACCEPTANCE City Manager Saunders stated the official election results were submitted from the Supervisor of Elections office as well as the canvassing board certificate indicating they are accurate and official results for Clermont City Council Seat II. Jim Douglas withdrew his name from the race before the election. The results are as follows: · Jim Douglas- 1,384 Ray Goodgame- 4,000 John Moore - 2,954 · Undervotes- 1,637 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 9, 2004 Council Member Mullins moved acceptance of the results; seconded by Council Member Ash. The motion passed with all members present voting "ave ". OATH OF OFFICE City Clerk Ackroyd swore in elected Council Members Seat I - Council Member Ash; Seat II - Council Member Goodgame; Seat III - Council Member Renick and Seat V - Mayor Turville. Council Member Goodgame thanked those who helped for their support during the campaign and looks forward to serving the community. 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 Purchase Approval Request approval for the Police Department to purchase a hostage "throw phone" from Rescue Phone Item - 2 Final Plat Approval Lost Lake Tract E Item - 3 Executive Recruitment for Police Chief Ranking of recruitment firms for the search for a Police Chief Gary Holmes, audience member, asked to pull item 3 from the consent agenda. Council Member Mullins moved to approve consent agenda items 1 and 2; seconded by Council Member Ash. The motion passed with all members present voting "aye ". Gary Holmes, President of the Police Officers Union, expressed concern with an outside agency recruiting firm and recommended a citizens panel. City Manager Saunders explained the process with the intent to include the community and the police department in the selection process. The executive search committee will assist in a nationwide recruitment to accept the applications and reduce the list to 12 - 15 applicants who meet the minimum qualifications then present to a local committee. From that point, the committee will narrow the list to 3 ~ 5 then present to the City Manager for the final selection. Less Booker stated concern with the process. He recommended the committee be involved in establishing the criteria of a Police Chief. City Manager Saunders pointed out the first step in the process would be to work with city staff to organize community meetings to develop a profile of what the community is looking for. Council Member Renick questioned the status of the community group. Mr. Saunders stated the community group will come in after the search firm narrows it down to a dozen. He anticipates the application process to take approximately 5 to 6 months. The City received four (4) proposals with Slavin Management Consultants ranked at number one (1). Mr. Saunders is familiar with the finn through .other agencies using them. Also, Darren Gray, Assistant City Manager, has worked with them directly in his previous position. The firm is highly recommended. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 9, 2004 If the Council accepts, staff will meet with them immediately to develop a proposed contract to bring back to the Council for final approval. This could be done in a timely manner and brought back to Council at the next meeting. Council Member Goodgame inquired about the cost. Mr. Saunders advised the next step is to look at qualifications and ranking. Once completed, staff tries to negotiate a contract and bring back to the Council for approval. An estimate of all expenses is $10,000 - $20,000. Council Member Mullins moved approval of consent agenda item 3 with the ranking as Slavin - lst; Anderson - 2nd; CPS - 3rd; and Moten-Tate - 4tn; seconded by Council Member Ash. The motion passed with all members present voting "aYe ". Mayor Turville advised the audience the Ordinance 497M, 484M and 498M will be tabled due to the owner not properly posting the property. Staff is required to wait until it is posted correctly therefore is recommending tabling those ordinances to the December 14 meeting. NEW BUSINESS Variance Request Planner Henschel informed Council of the request for the property, south of Salvatore's Restaurant located at 160 Chestnut Street. The variances requested are a wall sign on the back of the building, allow for an absence of a landscape buffer along the northern property line and allow for 6 off-site parking spaces. The applicant proposes to develop the remaining portion of the former church and has obtained a CUP to develop the front portion of the church property into a restaurant. The rear portion of the property that housed the former Sunday school and associated uses was left to develop under its own zoning classification. This area was not designed for a landscape buffer therefore the applicant is requesting an absence of the buffer requirement between the building and the existing parking lot. Staff supports the request for an absence of a landscape buffer along the northern property line. The applicant is proposing to phase the build out of the southern commercial building into two phases. The first phase will consist of 1200 square foot of retail space and proposing to utilize six off site parking spaces. The off site parking will be located in the restaurant parking lot. Under the current code, the restaurant parking area is over parked by five spaces leaving one space short for phase one of the retail area. Staff supports 5 parking spaces remaining and recommends paving the one space for pick up and drop off of deliveries. The final variance request is for a wall sign on the north side of the building. Wall signs are only permitted along street frontages. The applicant is attempting keep both properties together as if it were one site, and face the Highway 50 frontage. Staff supports a wall sign along the north wall because the building as an entrance for the public along the north wall. Anthony Tirri, owner/applicant, was. present and available for questions. He asked Council to consider the request and commented the property has 8 excess parking spots when the plans were originally approved. Mr. Tirri noted he plans to add 3 spaces on the south side to continue an existing parking lot for the 3 additional spaces. Council Member Ash inquired about three (3) additional spaces. City Manager Saunders clarified the applicant plans to add spaces to the existing parking lot which can be handled through site review. Council Member Renick stated the project is an asset to the City. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 9, 2004 Council Member Renick moved approval of the variances requested; Council Member Ash asked to amend the motion to include staffs recommendation regarding the parking as far as having the space for pick up and drop off of deliveries. Council Member Renick agre'ed to amend the motion; seconded bY Council Member Goodgam~ Mayor Turville expressed concern if the property is divided, there would be no parking on the latter side or landscape buffer in between. His preference would have been to consider this under single ownership under the Conditional Use Permit the restaurant operates under. City Attorney Mantzaris stated the only way the city can add~ess these issues is if there is a change of use that would have to come back to the city for review. Mayor Turville asked if the CUP covering the restaurant include these buildings. City Manager Saunders recommended the owner record a joint parking agreement that is part of the public record and goes with the property that way if it is severed, the new owner still has the ability to park on that property. Mr. Tirri stated he has no problems with a Joint Parking Agreement. Council Member Mullins stated a location should be determined in site review for the parking spot. City Manager Saunders noted the other issue is a florist need a place for a delivery area on the south side. MaYor requested inchtding a Joint Parking Agreement in the motion. The motion passed as amended with all members present voting "ave ". Ordinance 4~7M Mayor Turville read Ordinance 497M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont; Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Ash moved to table Ordinance 497M to December 14 meeting; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance 484M Mayor Turville read Ordinance 497M aloud by title only. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 9, 2004 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. Council Member Mullins moved to table Ordinance 484M to December 14 meeting; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Ordinance 498M Mayor Turville read Ordinance 498M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the Official Zoning Map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C. Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Council Member Mullins moved to table Ordinance 497M to December 14 meeting; seconded by Council Member ~tsh. The motion passed with all members present voting "ave ". Mayor Turville stated this is the end of the published agenda and opened the floor for any comments. Bill Banzhaf, 931 W. Montrose Street, Downtown Partnership President, informed Council that his concerns with Economic Development and Improvements to Downtown. The Mayor of Ocala has offered to speak at a workshop to discuss what they have done in Ocala which would provide ideas for downt6wn Clermont. Mayor Turville suggested he contact City Manager Saunders. ADJOURN: With no further comments, the meeting was adjourned at 8:00pm. APPROVED: Mayor Hal Turville