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04-13-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 The Clermont City Council met in a regular meeting on Tuesday, April 13, 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 Caputo, Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, and City Clerk Ackroyd. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge. of Allegiance. MINUTES City Council Meeting held March 23, 2004; Special City Council Meeting held March 18, 2004; City Council Workshop held March 18, 2004; City Council Workshop held March 8, 2004; and City Council Workshop held March 1, 2004. Council Member Renick and Caputo suggested amendments be made to the minutes. Council Member Caputo moved to approve the minutes as corrected; seconded by Council Member Mullins. The motion passed with all members present voting "aye." REPORTS City Manager Saunders informed Council that 911 calls come directly into the communications center now. The next Council workshop is scheduled for April 21st at 6:00pm in the Council Chambers. Mr. Sannders advised Council that the Lake County Commission decided to close the library building at the end of the month. Lake County Commissioner Bob Pool spoke to the Council about Cooper Memorial Library. The County Commission would like to close the building temporarily to determine how to fix the mold problem. Mr. Pool recommended forming a library partnership between the City and County with further discussion at the April 21 workshop. Attorney Guthrie - No Report Council Member Ash stated she attended the MPO meeting on March 24 for Council Member Caputo of which they voted to allow non-voting cities to vote by taking turns in alphabetical order with an entire year to vote. Also, Council Member Ash was present for the Conununity Action Agency Board on March 31. The board has an issue where there are leaks in the underground fuel tanks and will cost $22,000 to be tested which will impact the services they provide. Council Member Caputo stated the change made by the MPO will have to go back to the governor for f'mal approval. Council Member Mullins distributed a memo alerting Council of a proposed amendment to increase the Homestead Exemption from $25,000 to $50,000 per household. Council Member Renick reported on a letter from the Lake County Water Authority of proposed development of the Jahna Sand Mine property with concern of how it will affect the Clermont Chain of Lakes. She suggested further discussion at the April 21 workshop. Nancy Fullerton, 368 Montrose Street, added that the Water Authority previously wrote a letter of concern to DEP and St. Johns River Water Management District about possible negative impacts of the hydrology of the dredging of this canal since it is close to the Palatlakaha River. The proposed project is for construction of 250,000 sq. t~. of commercial facilities and 114 acres of residential development which encompass 156.5 acres of land. She is concerned with the proposal to place 156 houses along the north side with a direct connection to the Palatlakaha River. City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 Jimmy Crawford represents the developer in question and notified Council of his intention to attend the workshop. Mayor Turville -No Report PROCLAMATION Mayor Turville read the Water Conservation Month Proclamation aloud. RECOGNITION Mayor Turville recognized the winners of the "Drop Savers Poster Contest" from Clermont Elementary. 1 st Place - Sophia Jupillat; 2~ Place - Johnnie Burke; and 3~ Place - Kassandra Bouldree On behalf of Clermont Elementary School, Rene Ward thanked Water Conservation Specialist Al Freeman. Jori Vanderlay, former mayor of Oakland, briefed Council of a rental ear sumharge for the next 10 years to provide $105 million to begin improvements of Hwy 50. The funds are scheduled for fiscal year 2005/2006 with the first segment to begin at Hancock Road to the county line. Mr. Vanderlay has chaired the task fome committee. 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 - Final Plat Approval Item 2- Final Plat Approval Item 3 - Agreement Approval Item 4 - American Computer Technologies Item 5- Agreement Approval Item 6 - Agreement Approval Item 7- Event Request Disney's Wide World of Sports Item 8 - Appointments Item 9 - Minneola Fire Service South Ridge Subdivision Clermont Professional Center Renewal of Voluntary Cooperation & Operational Assistance Mutual Aid Agreement with the City of Kissimmee Task Order upgrade for computer network at the Utilities Depmhnent (East Plano and Public Services Request approval of the Maintenance Contract with KONE Inc. for the elevator in City Hall Village Profile Request for the use of Hancock Park quad plex for AAU Tournament, July 9-24, 2004 Police Department and Fire Fighters Pension Boards Proposal 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 Council Member Caputo requested consent agenda item 1 be pulled and Council Member Ash requested item 9. Council Member Caputo moved to approve consent agenda items 2 through 8; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Council Member Caputo drew attention to lot 1 and 52 which are unusually shaped lots and voiced concern with the possibility of the developer asking for a variance in the future. Mr. Caputo further stated he hoped Council would be reluctant to issue a variance on either of those two lots. Planning Director Brown advised Council that the Council would have no reason to have to grant a variance. Council Member Caputo moved to approve consent agenda item 1; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Council Member Ash noted a newspaper article stating Minneola decided to start their own Fire Department. Council Member Caputo stated he was informed the committee was making that recommendation; not the City Council. Council Member ~4sh moved to approve consent agenda item 9; seconded by Council Member Caputo. The motion passed with all members present voting "ape". UNFINISHED BUSINESS Water & Sewer Agreement - Trycon, Inc. City Manager Saunders advised Council that Ms. Bonifay requested tabling the agreement to allow additional time to address issues before returning to Council. Council Member Mullins moved to table the agreement to May 18, 2004; seconded by Council Member Caputo. The motion passed with all members present voting "aye." Ordinance No. 336-C- Final Reading Mayor Turville read Ordinance No. 336C aloud by title only. An Ordinance of the City of Clermont dealing with water efficient irrigation and water-wise landscape requirements; establishing watering restrictions; establishing a fine structure for violations of watering restrictions; providing for submittal, approval and inspection of landscape and irrigation plans for new projects or renovations of existing projects. Council Member Renick questioned the City allowing private wells. 'Mr. Saunders stated they are allowed for irrigation and recommended further discussion at a workshop. Mayor Turville closed the Public Hearing. Attorney Guthrie stated Ordinance 336-C should be amended as it relates to adopting a fee schedule by Resolution under section 2.6. Council Member Renick moved adoption of Ordinance 336-C as amende& seconded bp Council Member Ash. The motion passed with all members present voting "ape." City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 Ordinance No. 337-C- Final Reading Mayor Turville read Ordinance No. 337C aloud by title only and opened the public hearing. An Ordinance of the City of Clermont, F1 amending Sec 66-106, 66-108, 66-110, 66-111, 66-112, 66- 113, and 114-4, adding Section 66-115 of the Code of Ordinances pertaining to Utilities providing severability; providing for an inclusion in the City of Clermont Code; providing an effective date. Mayor Turville closed the public hearing. Council Member Ash moved acceptance of Ordinance 337C; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Ordinance No. 478-M- Final Reading Mayor Turville read Ordinance No. 478M aloud by title only and opened the public hearing. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing an permanently abandoning that portion ora 15 foot wide right-of-way easement lying at the west fifteen (15) feet of tracts 56 and 57 of the plat of Lake Highlands Company of Florida, filed January 10, 1914 and recorded in plat book 2, page 25 of the Public Records of Lake County, Florida lying south of the southerly right-of-way line of Brogden Drive as shown in plat book 24, pages 41 and 42 and north of tract "B" of Lakeview Hills Phase III as recorded in plat book 27, pages 28 and 29 of said public records of Lake County, Florida; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 478M; seconded bp Council Member Caputo. The motion passed with all members present voting "aye." NEW BUSINESS Variance Request- Jimmy Crawford, Peoples State Bank & Clermont Hospitality Planning Director Brown stated this is to allow the old Clervue Drive Inn Theater sign, an existing nonconforming sign, to be utilized as an off-site sign. Also, Mr. Brown briefed Council on the history of the request. Staff recommends denial of the request and removal of the sign. Jimmy Crawford, Attorney with Gray Robinson, represented the owners and showed a design of the proposed sign informing Council that the plan preserves historical value. The owners are Holiday Inn Express and Peoples State Bank. The President of Peoples State Bank sent a letter in place of his absence requesting Council consider granting the requested variance which was read aloud by Mr. Crawford. City Clerk Ackroyd swore in Terry March, 1810 S. Hwy 27, representing Holiday Inn Express who was available for questions. Attorney Guthrie suggested a cap on the life of the variance. Mr. Crawford stated he would agree to an amortization schedule from 7 to 10 years to give the city legal right to demand removal of it without any financial repercussions. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 Council Member Caputo moved approval of the variance with the condition of an amortization of 7 years on the variance at that time the variance expires then the City can come back and require the sign be removed; allow_for 90 days to obtain permits and begin refurbishment; and the 2 applicants on the application are to be the only advertisers; seconded by Council Member Ash. The motion passed with all members present voting "ape ". Mayor Turville called for a recess at 8:58pm; the meeting re¢onvened at 9:14pm. Variance Request- Michael Bahor Planning Director Brown informed Council of the request to allow a retaining wall height of 10 foot rather than 6 foot for the proposal of Hampton Inn. During the site review process, staff suggested the buffer between the two walls be a 10 foot wide and 5 foot at the parking level to allow extra width to put in larger trees to provide a better buffer for the other wall. If the retaining walls are constructed with an attractive material and/or finish and landscaped as directed by staff, then staff would support the variance. Mayor Turville opened the public hearing. City Clerk Ackroyd swore in the applicant Michael Bahor, 4322 Anderson Rd, Orlando, with Sheffield Engineering and stated he can comply with all of the requests except for the 6 foot walls and described the proposed wall design. Mayor Turville closed the public hearing. Council Member Renick moved approval of the variance request for a 10 foot retaining wall; seconded by Council Member Caputo. The motion passed with all members present voting "a~e ". Variance Request- Rob Berens, First Bank Planning Director Brown briefed Council on the property site, formerly Quincy's restaurant. This variance is recommended by staffbeeause additional right-of-way will be needed for Grand Highway in the future. The request is to allow for a five foot wide landscape buffer along the eastern boundary rather than 10 foot and to allow for parking spaces to be 18 foot in length rather then 20 foot. Planning Director Brown stated that it has been determined that the request for the 5' eastern buffer will not be required. Staff recommends approval of the variance for the 18' spaces. Mayor Turville opened the public hearing. City Clerk Ackroyd swore in Rick McCoy representing the applicant and Paul Bryant representing Bank First. They were both available for questions. Mayor Turville closed the public hearing. Council Member Mullins declared a conflict of interest and abstained from voting. Council Member Caputo moved approval of the variance as requested; seconded by Council Member Renick. The motion passed with all members present voting "aye ". The motion passed 4 to 0 with Council Member Mullins abstaining. Variance Request- Orion Development Corp Planning Director Brown informed Council of the request to allow a front yard setback of 25'instead of 35'. The applicant does not own all of the remaining lots in the subdivision. Variances are valid for one year, since all these homes will not be started within a year and the applicant will be back to renew variances on many of the lots. If Council supported the 25' setbacks, a rezoning of the entire subdivision to RI may be in order. Mayor Turville opened the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 City Clerk Ackroyd swore in applicant Paul Wolfe, 1600 Oregon Street, Orlando. Mr. Wolfe stated he plans to build out the subdivision in 30 months. The homeowners are against rezoning and prefer an R1A zoning which provides more of a backyard. George of Palm View Homes, 200C S. U.S. 27, is in support of the applicant and would like his lot to be included. Attorney Guthrie advised that it cannot be added on with this request however he can request a variance at a'future date. Mayor Turville closed the public hearing. Council Member Mullins moved to grant the variance as requested; seconded bp Council Member Reniclc The motion passed 4 to 1 with Council Member Caputo opposing. Resolution 13 73 Mayor Turville read Resolution 1373 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, establishing f'mes for violations of watering restrictions, repealing all other resolutions relating to fines for violations of watering restrictions; and providing for an effective date. Council Member Caputo suggested tabling the adoption to the next Council meeting for further discussion at the scheduled workshop. Council Member Caputo moved to table Resolution 1373 to the next meeting; seconded by Council Member Renick. The motion passed with all members present voting "ape." Ordinance No. 339-C- Introduction Mayor Turville read Ordinance 339-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the code of ordinances, Chapter 114 Utilities, Section 114-8 Solid Waste collection service; providing for severability; providing for an effective date, and providing for publication. Council Member Caputo moved to introduce Ordinance 339-C; seconded by Council Member Ash. The motion passed with all members present voting "ave." Ordinance No. 340-C- Introduction Mayor Turville read Ordinance 340-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the code of ordinances, Chapter 122 Zoning, Article V, Section 122-343 fences and walls; providing for severability; providing for an effective date, and providing for publication. Council Member Mullins moved to introduce Ordinance 340-C; seconded by Council Member Caputo. The motion passed with all members present voting "ave." City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 Ordinance 474-M- Introduction Mayor Turville read Ordinance 474-M 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 Caputo moved to introduce Ordinance 474-M; seconded by Council Member Muffins. The motion passed with all members present voting "aye. " Ordinance 477-M- Introduction Mayor Turville read Ordinance 477-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning portions of the platted and deeded rights-of-way depicted on the plat of Lake Highlands Company recorded in plat book 2, page 28, public records of Lake County, Florida; and as referenced in deed book 74, page 328 and deed book 78, page 388 of the public records of Lake County to the extent the rights-of-way are within the property described as South Ridge Subdivision; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Council Member Caputo moved to introduce Ordinance 477-3/1' seconded by Council Member Mullins. The motion passed with all members present voting "aye." Ordinance No 480- M- Introduction Mayor Turville read (~)rdinance 480-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting a small scale comprehensive plan amendment for the City of Clermont, pursuant to the local government comprehensive planning act, Chapter 163, Part II, Florida Statutes; setting for 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 introduce Ordinance 480-3/1' seconded by Council Member Ash. The motion passed with all members present voting "aye." Ordinance No. 481-M- Introduction Mayor Turville read Ordinance 481-M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2004 An Ordinance of the City of Clermont, Florida, adopting a small scale comprehensive plan amendment for the City of Clermont, pursuant to the local government comprehensive planning act, Chapter 163, Part II, Florida Statutes; setting for 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 introduce Ordinance 481-3/I' seconded by Council Member Caputo. The motion passed with all members present voting "aye." Ordinance No. 482-M- Introduction Mayor Turville read Ordinance 482-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to Section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the County-wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said M.S.T.U. for a specified term of years; providing for severability, providing for an effective date and providing for publication. Council Member Caputo moved to introduce Ordinance 482-M; seconded by Council Member Mullins. The motion passed with all members present voting "aye." JPA Review Planning Director Brown briefed Council on the request for a rezoning from Agricultural to Agricultural Residential for a five acre parcel of property on Lost Lake Road. The owner wants to split the parcel and construct two single family residences. City staff concurs with the Lake County staff report recommending approval for the rezoning for the purposes of low density residential development - two homes on five (5) acres. Council Member Caputo moved to send a letter to the County in support o£ the proposed change; seconded by Council Member,dsh. The motion passed with all members present voting "ave ". City Attorney Selection Staff recommends entering into an agreement with Mr. Mantzaris. Both attorneys' interviewed were highly qualified. Council Member Mullins moved to support the City Manager to begin negotiations with Mantzaris; seconded by Council Member Ash. The motion passed with all members present voting "aye ". Council Member Mullins inquired about the status of using Quincy's for Police Depaxhnent and Fire Deparhnent train_ing. City Manager Saunders stated the attorney is working on drafting an agreement. Council Member Caputo asked if Publix has permission to store mulch in their store-front area. Planning Director Browfi...advised that is not permissible and will check into it. ADJOURN: W-)~ no further comments, the meeting was adjourned at 10: 8 ATTES Tracy Ackroyd, ;2if-y Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L_A.~..T NAMETF~IRST NAME--~VI~DDL~E N.AI~iE N~VI~ OF~ BOARD.,~OUNCIL. COMMISSION. AUTHORITY. OR COMMI'I-rEE MAILING ADDRESS ClTY~. ~, COUNTY o. WH'CH THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMIT'i'EE ON WHICH I SERVE IS A UNIT OF: ~Ji~'CITY OTHER LOCAL AGENCY COUNTY ~M,E QF POLITICAL ,~U, BDIV~.IO¥ MY POSITIO~q IS: i~. ELECTIVE r~ APPOINTIVE WHO MUST FILE FORM 8B ~.. This'form is for use by any persor~ s~ving at the i~ou?ty, city, or other local level of government on an-appointed or elected board,'council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOP, COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing anci filing this form with the .person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next ~eeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the mea'.sure befo. re participating: · 0 · ~* · , ~ % .' " You must complete the,form and file it within.15'days after the vote oc~s ~vith the person responsible for recording the minutes of the meeting, who must incorporate the form in the mir~ut~s. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly, ~t the next meeting after the form is filed'. DISCLOSURE OF LOCAL OFFICER'S INTEREST .(a) A measure came or will come before my agency which (check one) _ _~nured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of. whom I am retained; or ___ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~,_~~_~~_, hereby disclose that on ~'t [- ~ ; by wh~h Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2