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09-23-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 The Clermont City Council met in a regular meeting on Tuesday, September 23, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Ash, Caputo, Mullins and Renick. Other City officials present were Finance Director Joe Van Zile, City Attorney Guthrie, City Clerk Ackroyd and Deputy City Clerk Warren. INVOCATION Council Member Muilins gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Approval of September 9, 2003 Minutes: Council Member Ash asked staff for clarification of Mr. Saunders statement regarding Ms. Bonifay's rescheduling comments; Council Member Renick asked for further clarification of Nancy Fullerton's statement regarding the green swamp and correct spelling of the name Nicholas Andreyev. Mayor Turville asked staff to review the tape and to postpone approval of the Sept. 9, 2003 minutes until next month. REPORTS Finance Director Van Zile - No Report City Attorney Guthrie - No Report Council Member Renick - No Report Council Member Mullins - Sales Tax Oversight Committee has been meeting to review spending and concluded all cities are spending sales tax funds where they are supposed to as well as the County and School Board. Council Member Caputo - Requested adding an item to the agenda regarding a request made at the workshop and at a previous Council meeting in reference to instructing the City Manager to instruct the Chief of Police not to make any personnel changes within the Police Department. Council Member Caputo stated he has been advised that there is a notice at the Police Deparhr~ent advertising for a Narcotics person. Funds have been allocated in the budget however Council did not create the position. Council Member Caputo addressed concerns if changes are made if Council decides to hire a consultant. Attorney Guthrie advised Mayor Turville that this action does not require advertising and could be added if there is a consensus. Mayor Turville advised Council Member Caputo that he is not comfortable adding an unadvertised item to a formal agenda. Mayor Turville suggested it would be appropriate to have Mr. Van Zile communicate with the City Manager on Thursday. Council Member Caputo stated the importance for tonight's agenda. Council Member Ash commented the position should not be advertised. Council Member Caputo further stated that the addition to the agenda is to discuss instructing the City Manager to instruct the Chief of Police not to make any changes in the Police Department as far as personnel concerns and that he can go ahead and hire the Police Officer and Communications Specialist. Mayor advised that the first motion should be to amend the agenda which would fall to the bottom of the agenda. Council Member Caputo moved to amend the agenda this evening to include an item in reference to the Cit~ Police Department and Personnel; seconded by Council Member ,4sh. The motion passed with Council Members' Renick, Caputo and Ash voting "ave" and Council Member Mullins and Mayor Turville opposed. Council Member Ash - Attended Lake County Commission Meeting and was involved in discussing the JPA. Mayor Turviile - Inquired about City Hall; Mr. Van Zile stated the transition has been good and staff has adjusted favorably. The Council Chambers should be ready in a couple weeks. City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 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 College Park Phase IIA Item - 2 C J Sams, Inc Ciro's Christmas Trees Request for Open Air and Tent Permit for retail sales of Christmas Trees located on Hwy 50, next to Dunkin Donuts, and across from Rolling Hills Ford Dealership From November 27 - December 31, 2003. Item - 3 Harry Rescignola Request to close Evening Dr. between Sunset Village and Nightfall Drives for a Block Party from 1:00 P M. to 8:00 P.M. on Saturday October 11, 2003 Council Member Caputo moved to approve the consent agenda; seconded by Council Member Renick. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Ordinance No. 32 7-C Mayor Turville read Ordinance 327-C by title only An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the code of ordinances, chapter 94 Environmental Protection, Sec. 94-197 exemptions and exceptions from grading requirements; providing for severability; providing for an effective date, and providing for publication. Mayor Turville opened for public hearing. BarD, Brown stated this is an amendment to the current grading ordinance by requiring a variance for cut or fill in excess of the established standards. This will require additional notification when a developer submits a request to exceed the grading standards. Council Member Renick moved to adopt Ordinance 327-C; seconded by Council Member Mullins. Council Member Caputo would like staff to begin working toward the next step to determine whether 15 feet is a viable amount of land to be cut. Council Member Caputo stated he is in favor of the ordinance as written and would like to improve upon further. Mayor Turville advised Council Member Caputo that this is a work in progress and is the goal of City Manager Saunders. Council Member Reniek clarified her understanding to improve this ordinance after further discussion and work and the next step would be to do a percentage. The motion passed with all members present votin£ "ave "~. NEW BUSINESS Resolution No. 1344 Mayor Turville read Resolution 1344 by title only. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the operation of a church in the R-3 Residential/Professional Zoning District Planning and Zoning Director Brown explained this is a request for a Conditional Use Permit for the operation of a church in the R3 Residential Professional District, located at 792 E. Montrose Street. The applicant intends to renovate and convert the existing building on the side into a church. This request has been approved twice before by the City in November 1998 and February 2000. The Conditional Use Permit has expired both times. The property is comprised of three lots and a portion of a fourth lot. One of the lots is not owned by the church. When the original Conditional Use Permit was approved, the City accepted a signature by Maggie Odom Jones as authorization to use the property for the church. Prior to approving this Conditional Use Permit, staff recommends Council override and witness document authorizing use of lot 1 and this document be executed by the legal representative of the former owners estate. Staff is concerned about parking in the future for the current use of the site. When originally approved, a letter was provided by the property owner to the west authorizing use of his property for overflow parking. Staffis recommending that an updated letter from the property owner be obtained for overflow parking. It was brought to his attention that the church does own other properties on Montrose Street to provide overflow parking on their own property. Staff is requesting a portion of the required parking be grassed. The direction to the engineer was to provide as much paved parking as possible. The Planning & Zoning Commission has heard the request and recommended approval with some additions to the Conditional Use Permit. Barry Brown clarified section 2 of Resolution 1344. Attorney Guthrie suggested adding a few words to the last sentence of Section 2-3 of Resolution 1344 beginning with 'This document must be' then add "to put in a form acceptable to the city". Mayor Turville asked Planning Director Brown to discuss the Variance Request. Variance Request - Pastor Daryl Forehand Planning Director Brown explained this variance is to allow a 5' wide landscape buffer along Montrose Street rather than the 1.5' required by code; 2) to allow a 5' wide landscape buffer between abutting properties rather than the 10' required by code for 792 E. Montrose Street. Staffsupports the two variances for 5 foot buffers rather than 10 foot per code. Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. City Clerk Ackroyd swore in Robert Hallee, 13118 Plum Lake Drive. Mr. Hallee confirmed the property to the west would provide overflow parking and has no problems with staff's proposal to demolish the building upon approval of the CUP. Mayor Turville's concern is the understanding of when the demolition is to occur. Mayor Turville asked Attorney Guthrie about the appropriate language in which he replied this CUP would be contingent upon the arrival of the two documents. Attorney Guthrie advised of conditions to be fulfilled within the timeline in the CLIP for construction to begin then they could go forward. He further stated we do not have to make the approval contingent;just conditions to be fulfilled. Mayor Turville inquired aboUt timeframe to tear down the building. Discussion proceeded with time frame to accomplish demolition. Planning Director Brown clarified time frame would not begin until the day the document is executed. Attorney Guthrie further stated that they cannot proceed with the building unless they obtain the use of lot 1. Council Member Mullins inquired about the CUP expiring if the letters are not obtained for the parking lot. Attorney Guthrie stated the applicant will have 90 days to have the documents signed and two months later he can obtain a permit for a new use of the church. At that time, he has to present the letters which is the commitment of lot 1 in perpetuity to the issue if it will be an inherent part of the development and the use of the property. City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 Council Member Renick asked Mr. Hallee if he and Reverend Forehand had any problems with the stipulations in the CUP. Mr. Hallee stated he did not. Council Member Renick moved to approve Resolution 1344 as amended; seconded by Council Member Mullins. The amendments inclv, de adding phrase "to put in a form acceptable to the City" to the last sentence of Section 2-3 beginning with 'This document must be' and at the end of the first sentence of section 2-3 to remove "the life of the conditional use permit" and replace with "perpetuity ". Mayor Turville clarified to the applicant that he has 90 days to sign the document after Council votes and approves it then has 2 months and 2 years. Council Member Caputo is concerned with parking and public safety due to narrow roads, no roads or sidewalks. Mayor Turville stated there is a condition to put in a sidewalk if unable to secure an arrangement for the other lot. Council Member Ash called for the question. The motion passed with Council Member Renick, Mullins, Ash and Mayor Turville voting "aye" with Council Member Caputo opposing. Council Member Mullins moved to grant the variance as requested; seconded by Council Member Ash. The motion passed with all members present voting "aye." Resolution No. 1345 Mayor read Resolution 1345 by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the expansion of an existing veterinary clinic. Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Planning & Zoning Director Barry Brown briefed the Council of this Request for a Conditional Use Permit to allow the expansion of an existing veterinary clinic located at 1067 W. Highway 50. City Clerk Ackroyd swore in Kimberly Brown, Architects &Partnersbips, 108 N. Wymore Road, Winter Park. Council Member Caputo moved to adopt Resolution 1345; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Resolution No. 1346 Mayor Turville read Resolution 1346 by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the operation of a permanent makeup facility in an existing salon. City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Planning Director Brown briefed the Council of this request for a Conditional Use Permit to allow the operation of a permanent makeup facility located at 303 E.Highway 50 (Sunnyside Plaza). Staff supports the request. Mr. Brown noted Section 2-2 to clearly define this is permanent make-up and not tattoo. City Clerk Ackroyd swore in Naturally Yours General Manager, 303 E. Hwy. 50 and Owner Dolly Lord. They clarified the nature of their business and were available for questions. Ms. Lord confirmed they are fully licensed and understands section 2-2 that tattoos are not permitted. Council Member Renick moved to approve Resolution 1346; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Variance Request- David L, Allyn Planning Director Brown explained the request is to allow for required trees to be 2½" in caliper rather than 4" required by code for the Clermont Professional Center located at the intersection of Citrus Tower Blvd and Grand Highway. Staff recommends 3 inch caliper. City Clerk Aekroyd swore in David Allyn, 1976 Brantley Circle and Mona McDonald, 4156 Newland Street. They requested a variance be granted for a smaller tree size. Council Member Renick commented that the St. Johns River Water Management District is draffing a Model Ordinance as part of the Central Florida Water Initiative and suggested waiting to consider this request until staff has this information. The applicant is willing to wait. Council Member Renick moved to table until the next meeting October 14; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Council Member Ca. puto commended the Planning & Zoning staff for the new Conditional Use Permit cover letters. Variance Request - DeWitt Enterprises, Inc Planning Director Brown requested this variance request be tabled to date certain of October 14 for failing to send proper notification letters. Mr. Crawford is in support of postponement. Council Member Mullins moved to table to October 14; seconded by Council Member Renick. The motion passed with all members present voting "aye." Mayor Turville called for a recess at 8:40pm. The meeting reconvened at 8:50pm. Variance Request - Lennar Homes Planning Director Brown explained this request for two variances which is a relief from providing the R-O-W required by code in Somerset Subdivision, Glenford Drive cul-de-sac Relief from providing the R-O-W required by code in Somerset Subdivision for radius on lot 41, Glenford Drive. Staff recommends approval. City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 City Clerk Ackroyd swore in Bruce Lawson, 151 Wymore Road, Altamonte Springs, stated his appreciation of staff working with him. Duane Boothe, 350 Sinclair Avenue, Tavares, stated that they meet code requirements for emergency vehicles. Council Member Caputo moved to approve variance as requested; seconded by Council Member Ash. The motion passed with all members present voting "aye." Joint Planning/lrea Review - Trycon Planning Director Brown briefed the Council on this request for review and comment on a request to Lake County for Land Use Changes for property located on the south side of SR 50, E of Hancock Road, next to proposed 7-Eleven Store. Staffreeommendation is no change to the zoning or land use classification should occur until the Joint Planning Area Future Land Use Map is adopted. The County adopted the Joint Planning Agreement today with the next step to adopt the Joint Planning Development Regulations then prepare the future land use map for the JPA area. The Planning and Zoning Commission has recommended the current land use change continue to proceed through the County and the project be developed through the proposed JPA LDR standards and be annexed into the City and rezoned before any zoning clearances be issued. Cecelia Bonifay spoke on behalfofTrycon. She would like to move forward with the comprehensive plan amendment with the County. Frank Cannon and Spencer Phelps of Trycon were available for questions. Mr. Cannon advised the Council that gopher turtles were found and will be relocated. Staff recommended no changes to zoning or future land use designations occur until the future land use map is amended. Council Member Renick moved to follow staff's recommendation; seconded by Council Member Caputo. For further discussion, Mayor Turville concurs with staff. Council Member Ash explained her misunderstanding of developers being postponed to apply for land use changes and requests. Jimmy Crawford, representing Hart family, is not in favor 6f postponing. Steve Riehie, on behalf of clients in the County, stated he was not aware ora moratorium ever being discussed once the JPA was approved. The motion failed with Council Member Renick and Mayor Turville voting "ave" with Council Members' Mullins, Caputo and Ash opposing. Council Member Mullins moved to mirror Mr. Pape 's motion to support the recommendation of the change of land use to commercial subject to being built to JPA standards and annexed and rezoned prior to receiving a zoning cl. earance from the City of Clermont; seconded by Council Member Ash. For further discussion, Council Member Ash does not concur with the motion and is concerned with traffic. Mr. Cannon stated that he would not want to agree to annex it and jump through ali those hurdles because to be honest it is onerous; we went through this for a year or 14 months. Council Member Ash rescinded her second to the motion. City of Clermont MINUTES REGULAR COUNCIL MEETING September 23, 2003 Council Member Renick moved to recommend to the County that no comprehensive plan or zoning changes be approved within the Joint Planning Area until such time as we have completed the Future Land Use map amendment with intent to reflect staff's position; seconded by Council Member Caputo. The motion passed with Council Members Renick, Caputo and Mayor Turville voting "aye" and Council Members Mullins and Ash opposing. Joint Planning Area Review - Hart Planning Director Brown briefed the Council regarding this request for review and comments on a request to Lake County for Land Use Changes for property located north east of the intersection of Hancock Rd and Hartwood Marsh Road. Staff recommends no changes until the Future Land Use Map of the JPA be adopted. Planning and Zoning Commission moved to support the change in land use through the County process with the condition to be annexed and conditioned to City standards. Jimmy Crawford, representing the Hart family, does not have a problem complying with the request. Council Member Renick moved that no changes to zoning or future land use designations with the Joint Planning Area occur until the future land use map is amended; seconded by Council Member Mullins. For further discussion, Council Member Mullins suggested a time frame. The motion passed with Council Members Renick and Mullins and Mayor Turville voting "aye" with Council Members Caputo and Ash oat~osin~. Westminister Community Care Facility - Withdrawn City Police Department and Personnel Council Member Caputo requested this be added to the agenda. Council Member Caputo moved to instruct the City Manager to instruct the Chief of Police that he not make any changes in the Police Department as far as personnel with the exception of the two positions that were approved in the 2003/2004 Budget, that o£ the Communications Specialist and Police Officer, and any other personnel changes be hem until such times as either the Council does or doesn't choose a consultant to go in and analyze the Police Department trying to address some of the issues that were brought to the attention of the City Council by the members of Police Department; seconded by Council Member Renick. Mayor Turville stated City Manager Saunders is responsible for personnel management and the motion made would conflict with the Charter. City of Clermont MINUTES REGULAR. COUNCIL MEETING September 23, 2003 Council Member Caputo amended the motion to not make any changes in personnel as _far a.~ Narcotics Sergeant or Narcotics is concerned. Council Member Caputo amended the motion to address just the Narcotics; seconded by Council Member Renick. The motion passed with all members present voting "aye." ADJOURN: With no further business, the meeting was adjourned at 10:39pm. Hal Turville,' Mayor Tracy Afoy~l, 'C~-ty Cle.~ - 8