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03-23-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 The Clermont City Council met in a regular meeting on Tuesday, March 23, 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 Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Approval of City Council meeting minutes held on March 9, 2004. Council Member Mullins moved to approve the minutes as written; seconded by Council Member Ash. The motion passed with all members present voting "ave." REPORTS City Manager Saunders reminded Council of the scheduled workshop for March 25 at 6:00pm. Attorney Guthrie - No Report Council Member Ash - No Report Council Member Mullins stated the Police and Firefighters Pension Committee have met and recommended a fifth member. Council Member Renick - No Report Mayor Turville - No Report 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 - Event Approval Item 4 - Bid Approval Item 5 - Bid Approval College Park, Phase II-B Somerset Estates, Phase III Sommer Sports is requesting use of Waterfront Park and its facilities for 6 triathlons on the following dates: April 3 & 4, June 20, July 11, August 8, Sept 9 and October 23, 2004. Bid Approval for Crystal Lake Stormwater Improvements Bid Approval for CR 455 Water Main Extension City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 Item 6 - Hartman & Associates Task Authorization for electrical upgrades to lift station control panels Item 7 - Change Order - Speegle Construction East side well Number 4 Item 8 - Horizon Homes Cost Reimbursement for upsizing water main City Manager Saunders pulled item number 4 from the consent agenda. Council Member Renick pulled item number 5 from the consent agenda. Council Member Mullins moved to approve consent agenda items 1, 2, 3, 6, 7 & 8; seconded by Council Member Renick. The motion passed with all members present voting "ave." City Manager Saunders notified Council of an error in the original memo regarding the bid amount received from Prime Construction Group. The actual bid received was in the amount of $294,000 which was the Iow bidder for consent agenda item 4 Crystal Lake Stormwater Improvements. Council Member Renick questioned whether the apparent low bidder would'still be the lowest with items missing from the bid. City Manager Saunders stated the low bidder stands by their bid even if they missed something in the bid, they do not have the opportunity to come back to ask for a change order because they are willing to stand by their low bid. Council Member Mullins moved to approve consent agenda items 4 and 5; seconded by Council Member Renick. The motion passed with all members present voting "aye." PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT 2004 CDBG Neighborhood Revitalization Application Fred Fox Enterprises is the consultant applying for the Community Development Block Grant for the City. Mr. Fox was present to discuss the grant application for BIoxam Avenue Stormwater project. This is the final public hearing. At the first public hearing, Mr. Fox was directed to prepare the application for the Bloxam Avenue project. This project is for the drainage along Bloxam Avenue from Highland Avenue to Pitt Street. The budget is $700,000 in grant funds; in addition, the city will be pledging $350,000 in matching funds. The citizens group met and recommended proceeding with this project. Mayor Turville opened the public hearing for comments. There were no comments. Mayor Turville closed the public hearing. Resolution No. 1371 City Manager Saunders advised Council this resolution authorizes submittal of the CDBG application. Mayor Turville read Resolution No. 1371 aloud by title only. A Resolution authorizing the submission of an application for the Small Cities Community Development Block Grant to the Florida Department of Community Affairs for Federal Fiscal Year 2004 City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 Council Member Ash moved acceptance of Resolution No. 1371; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Resolution 13 72 Mayor Turville read Resolution No. 1372 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida adopting long term and short term objectives of the Community Development Plan for the City of Clermont; City Manager Saunders informed Council this resolution outlines the project referring to the Neighborhood Revitalization category for drainage improvements along Bloxam Avenue from Highland Avenue to Pitt Street. Council Member Mullins moved adoption Of Resolution 1372; seconded by Council Member Ash. The motion passed with all members present voting "ave." City Manager Saunders asked to address two items further on the agenda which is Resolution 1370 and the Trycon Water & Sewer Agreement. Resolution 1370- Jimmy Crawford City Manager Saunders stated the Planning and Zoning Commission tabled Resolution 1370 and will review at their next meeting then it will come back to the City Council for consideration. Mayor Turville read Resolution 1370 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a conditional use permit to amend Resolution No. 1124 to allow a shopping center with out parcels that will accommodate restaurants, retail, light duty auto service, oil change facility, a full service car wash and office space. Council Member Mullins moved to table Resolution 1370 to April 2 7; seconded by Council Member Ash. The motion passed with all members present voting "ape." Water & Sewer Agreement - Trycon Inc. City Manager Saunders informed Council the water and sewer agreement is for outside the city limits. The applicant and staffwould like to make changes to the agreement and are recommending the item be tabled. Council Member Mullins moved to table the agreement to April 13; seconded bp Council Member Ash. The motion passed with all members present voting "ape." UNFINISHED BUSINESS Ordinance No. 332C- Final Reading Mayor Turville read Ordinance No. 332-C aloud by title only. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 An Ordinance of the City Council of the City of Clermont, Florida, amending article llI, creating section 86-149, entitled development agreements; providing for definitions; providing for requirements for development agreements; providing for a public hearing process; providing for local laws and policies governing development agreements; providing for recording of development agreements in the public records; providing for enforcement of development agreements; providing for inclusion in the City of Clermont code; and providing an effective date. Council Member Renick questioned whether the section in the ordinance referring to the City Manager reviewing the land subject to the development agreement is a new requirement. City Manager Saunders informed the Council that he has reviewed these at times but now it will be required. Council Member Renick requested a report periodically of what has been reviewed and whether they were in compliance. Mr. Saunders confirmed such reports could be generated. Council Member Mullins moved adoption of Ordinance 332-C; seconded by Council Member Ash. The motion passed with all members present voting "aye." Mayor Turville stated that he is employed by the person whose area is affected by the changes in Ordinance 333-C, Ordinance 475-M and Ordinance 476-M. Therefore, Mayor Turville declared he will be abstaining in the voting of the final hearing process as there may be some perceived conflict and passed the gavel to Mayor Pro Tem Mullins. Ordinance No. 475M- Final Reading Mayor Pro Tem Mullins read Ordinance No. 475-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 forth the authority for adoption of the small scale comprehensive plan amendment; setting for 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. Mayor Pro Tem Mullins opened the public hearing for comments. Principal Planner Farrell briefed Council on this ordinance which proposes a modification to the boundaries of the area designated EBD-1 to add approximately one and ~A city blocks. This change will re-designate properties currently assigned the NED-2 land use designation and expand the EBD-1 area. Council Member Mullins read aloud a letter received from Steve Cockefair commenting on expanding the central business district to the west. Mr. Jerry Butler, 1328 Bowman St., is in support of the letter written by Mr. Cockefair and asked Council to create conformity and consistency by being equal and fair. Charlene Forth, 939 W. Desoto St, stated it is primarily residential because it is zoned for residential. Ms. Forth does not support the change going to Hwy 50 and is opposed to it in a four square block. Mayor Pro Tem Mullins closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 Council Member Renick questioned only changing a small strip as there may be others who would like to be changed to Central Business District. Furthermore, Ms. Renick recommended modification to a wider area of land rather than a narrow piece. Planning Director Brown stated he has received requests regarding the property on the corner of Montrose and FitCh to convert to an office. Then, Mr. Brown identified properties along Montrose Street. The issues on the east side of downtown differ from the issues on the west side. A recommendation was made to proceed with the east side first then concentrate efforts on the west side. Staff could have identified a wider section however there is a concern with the established residential areas along Minneola. Council Member Renick suggested discussing further at a future workshop. Council Member Ash moved for approval of Ordinance 475-M; seconded by Council Member Renick. The motion passed 3 to 0 with Mayor Turville abstaining. City Manager Saunders stated staffwill put together maps identifying uses of those areas and will schedule a workshop at the next meeting. Planning Director Brown clarified staffwill contact property owners in that area by letter. Ordinance No. 476M- Final Reading Mayor Pro Tem Mullins read Ordinance No. 476-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting a comprehensive plan amendment for the City of Clermont, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adbption of the comprehensive plan amendment; setting forth the purpose and intent of the comprehensive plan amendment; providing for the adoption of the comprehensive plan amendment; establishing the legal status of the comprehensive plan amendment; providing a severability clause; and providing an effective date. Ms. Farreil explained this ordinance is the next step in establishing a Bed and Breakfast in those areas. Staff proposed adding Tourist Accommodations to the list of allowable land uses within the NED-2 and NED-6 districts. Mayor Pro Tem Mullins opened the public hearing for comments. Jerry Butler, 1328 Bowman St, inquired if an NED6 will allow for a Bed and Breakfast in all NED6 areas and commented that he would not be allowed to have an electrolysis company at his home. City Manager Saunders clarified the land use will allow it but will have to come before the Council for approval as a conditional use permit. Council Member Renick recommended Mr. Butler pursue a text amendment and discuss further at a workshop. Mayor Pro Tem Mullins closed the public hearing. Council Member Ash moved acceptance o_f Ordinance 476M; the motion died for a lack o£a second Council Member Renick relayed concern with adding the term 'Tourist Accommodations' which includes hotels and motels. Ms. Renick recommended changing it to 'Bed and Breakfast'. City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 City Attorney Guthrie confirmed the Council can be specific in designating the term Bed and Breakfast in the proposed ordinance and would not require re-advertise. City Manager Saunders suggested amending number 5 in NED-2 and number 6 in NED-6 to state Bed and Breakfast in place of Tourist Accommodations. Council Member Renick moved approval of Ordinance 476-M as amended; seconded by Council Member Ash. The motion passed 3 to 0 with Mayor Turville abstaining. Ordinance No. 333C- Final Reading Mayor Pro Tem Mullins read Ordinance No. 333-C aloud by title only. An Ordinance of the City of Clermont City Council, Clermont, Florida amending subpart B, Land Development Code of the Code of Ordinances; amending section 82-12 entitled definitions; amending chapter 122 Zoning, amending article V, creating section 122-356, entitled Bed and Breakfast Inns; amending Article III, Districts, Division 6, R-3-A Residential Professional District, section 122-164; Division 7, R-3 Residential Professional District, section 122-184; Division 8, C-1 Light Commercial District, section 122-204; Division 9, C-2 General Commercial District, section 122-224; Division 10. CBD section 122-244; providing for a severance clause; providing for inclusion in the City of Clermont Code; and providing an effective date. Mayor Pro Tem Mullins opened the public hearing for comments. Hope Lamb questioned whether her boarding house would continue to operate under a conditional use permit with the proposed ordinance in effect. City Attorney Guthrie confirmed she is correct in continuing to operate under the conditional use permit. Furthermore, it is designated as a conforming use. Then, Ms. Lamb inquired if it would be necessary to re-apply for a conditional use permit to be considered a bed and breakfast. City Manager Saunders confirmed she would be required to do so. Ms. Lamb asked for clarification of the provisions written in the proposed ordinance which states 'Bed and breakfast inns or Boarding houses permitted as a conditional use permit prior to the adoption of this amendment shall be deemed as a conforming use, subject to any conditions imposed by the City Council'. She voiced concern with adding subject to any conditions that may open the door to additional conditions. Mr. Saunders explained the intent is referring to the conditions in any existing conditional use permits. Ms. Lamb suggested modifying that particular section to state 'subject to any prior conditions that were imposed by the City Council as part of the original conditional use permit'. City Manager Saunders recommended amending the language to insert 'subject to the conditions imposed at the time of approval of the conditional use permit'. In addition, Ms. Lamb asked Council to clarify whether guests are allowed to use the kitchen as part of a boarding house. Mayor Pro Tem Mullins and Planning Director Brown verified the owner can provide meals however guests are not allowed to operate the kitchen in a boarding house as per the Land Development Regulations. Mayor Pro Tem Muilins closed the public hearing. Council Member Ash moved adoption of Ordinance 333-C with the addition on page 9 to section 5 under SEC 122-356 number 10 at the end of the sentence to add 'at time of approval of CUP'; seconded bY Council Member Renick. The motion passed with all members present voting "ave ". Mayor Pro Tem Mullins called for a recess at 8:18pm. The meeting reconvened at 8:30pm. City of Clermont MINUTES REGULAR COUNCIL MEETING , March 23, 2004 Ordinance No. 479M- Final Reading Mayor Turville read Ordinance No. 479-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, FL, granting a garbage collection franchise to Container Rental Company, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved adoption Of Ordinance No. 479-M; seconded by Council Member Ash. The motion passed with all members present voting "ave." NEW BUSINESS Resolution 1369- Denis G. Bourguignon Mayor Turville read Resolution 1369 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 a professional office in the R-3 zoning district. Mayor Turville stated this portion of the meeting will be conducted as a Quasi Judicial Hearing. Mr. Brown stated this request is for a dental office at 659 W. Juniata St. Staff supports the conditional use permit. City Clerk Ackroyd swore in Rick McCoy of McCoy & Associates who represents the applicant. Mayor Turville closed the public hearing. Council Member Renick moved for approval of Resolution 1369 as written; seconded by Council Member Mullins. The motion passed with all members present voting "ave." Variance Request - Denis G. Bourguignon The applicant requested a 5 ~. landscape buffer along Juniata St. Staff supports the request but prefers a 10 ft buffer. The second variance is for a 5 ft wide buffer between abutting properties; staff supports variance, but prefers a 10 ft buffer where possible. The third variance is to be relieved from providing the landscape buffer at the rear of the garage and along the west side of the existing building; staff supports request. Mr. McCoy is in support ora 10 foot buffer along Juniata if the tree can be saved. Council Member Renick moved for the first and second variances for a ten foot buffer except where necessar~ to pt'eserve the trees to be not less than five feet and the third variance as it was requested; seconded bp Council Member Mullins. Mr. McCoy asked for clarification in the motion to also include the retention area on the east side. Council Member Renick amended her motion to include in order saving the trees or where n¢cessarv for water retention; seconded bp Council Member Mullins. The motion passed with all members present voting "aye." 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 Water Agreement- Larry & Harriette Grimes Planning Director Brown briefed the Council on this water agreement for service outside the city limits. The owner has agreed to dedicate 30 feet of right of way to Lake County. Staff recommends approval as drained which includes annexation when property becomes contiguous to the City. Larry Grimes, 12504 Summer Port Lane, Windermere, is the applicant/owner and was available for questions. Council Member Ash moved acceptance of the water agreement for Grimes; seconded by Council Member Mullins. The motion passed with all members present voting "aye. " Sewer Agreement - Banyan Homes Planning Director Brown advised Council this is a request for sewer service only outside the city limits for Timberl~e subdivision and staff recommends approval. Council Member Renick inquired if the request was denied whether the project would still be developed. Mr. Steve Richey confirmed the project could be developed with septic. Council Member Mullins moved for approval o£the agreement; seconded by Council Member Ash. The motion passed with all members present voting "aye." Ordinance No. 334C- Introduction Mayor Turville read Ordinance No. 334C 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 102 Signs, Section 102-15 Permitted Signs; providing for severability; providing for an effective date, and providing for publication. City Manager Saunders stated this ordinance creates regulations for signage for multi-story buildings and would like to table the introduction until the next meeting due to concerns with the size of the signs allowable. Council Member Mullins moved to table introduction of Ordinance 334C to April 13; seconded by Council Member Ash. The motion passed with all members present voting "ave." Ordinance No. 336C- Introduction 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. City Manager Saunders informed Council this addresses a portion of the consumptive use permit for efficient irrigation guidelines. Mr. Saunders suggested deleting Section 2.06 C Schedule of Fines. Mayor Turville recommended adopting the fines by resolution. Therefore, amend Section 2.06A by stating 'a fine schedule as adopted by resolution'. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2004 Council Member Mullins moved to introduce Ordinance 336-C as amended; seconded by Council Member ,~sh. The motion passed with all members present voting "ave." Ordinance No. 33 7C- Introduction Mayor Turville read Ordinance No. 337C aloud by title only. An Ordinance of the City of Clermont, Fl 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. Council Member Mullins moved introduction of Ordinance 337C; seconded by Council Member Ash. The motion passed with all members present voting "aye." Ordinance No. 478M-' Introduction Mayor Turville read Ordinance No. 478M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing an permanently abandoning that portion ofa 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. Council Member Mullins moved introduction of Ordinance 478M; seconded by Council Member Ash. The motion passed with all members present voting "aye." Mayor Turville stated this is the end of the published agenda and opened the floor for comments. Brad Pinkerton, 1144 Linden St, received notice from Animal Control that he is in violation of code by having 7 dogs and requested he be allowed to keep the dogs. Mr. Guthrie will check the ordinance for provisions for a variance. Susan Johnson, 1102 Linden Street, is a neighbor of Mr. Pinkerton and does not have a problem with the dogs. Council Member Ash will replace Council Member Caputo at the next MPO meeting. An issue to be discussed is the non-voting members have a rotating vote on the board. Her decision would be to oppose this request and Council agreed. Council Member Ash questioned the status of the Minneola fire proposal. Mr. Saunders received a request for proposal from the Minneola City Manager and plans to discuss with Council at the next workshop. Mayor Turville has received complaints about the cat population and asked City Manager Saunders to check into it. Mayor Turville requested staff contact the Animal League for assistance. ADJO(JRN: With no furt~er comments, the meeting was adjourned at 9:23~ ~ ' ~ t~o~HaTl urville AT ',, Tr~y'/~-cld'oyd, C~'~ Clerk 9