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02-11-2003 Regular Meeting City of Clermont O MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 2 Council Member R~nick stated she had needed animal control services over the past weekend and commended those employees for their professional handling of the matter. She expressed concern that two helpers have not had rabies vaccinations. City Manager Saunders stated that the employees are aware that the vaccination is available, but it is their option as to whether to have it or not. Council Member Ash Council Member Ash stated she had enjoyed the First Friday event downtown and had participated as a judge in a cookie contest at the Cozy Cat Caf6. CONSENT AGENDA Mayor Turville asked if anyone wished to pull any of the items of the Consent Agenda for discussion. Item 1 - Payment Approval Cooper Memorial Library Operation from October 1, 2002 through September 30, 2003 Item 2 - Incentive Pay Program Approval Fire Department Item 3 - Purchase Approval Lightning Prediction Equipment for Hancock and Palatlakaha Recreation Areas Item 4 - Lien Subordination Approval for subordination of Code Enforcement lien on property located at southwest comer of S.R. 50 and Lake Avenue Item 5 - Engineering Services Agreement for design services for Oaldey Seaver Drive Council Member Caputo pulled Item 4 for discussion. Item 4 - Lien Subordination Council Member Caputo expressed concern that, since he was a member of the Code Enforcement Board when this business was first cited, Mr. Jones has not made sufficient attempt to correct the violations. He stated that if a good faith effort had been made to clean up the problem then he could support the lien subordination; however allowing Mr. Jones the lien subordination without that effort puts the City in a poor position. Mayor Turville stated that Mr. Jones has been actively involved in amending his Conditional Use Permit to bring the property into compliance. He stated that the lien subordination allows a loan to make the needed improvements and encouraged Council support. Discussion followed regarding the Code Enforcement Board and compliance. Q MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 3 Mayor Turville asked City Manager Saunders to provide the status of progress in this case. City Manager Saunders stated that the City has been working with Mr. Jones and his attorney to revise the current Conditional Use Permit. He stated that the amended Conditional Use Permit will be heard by the Planning & Zoning Commission at their next meeting and by the City Council in March. He spoke regarding the actions of the Code Enforcement Board in requiring cleanup of the property as well as the Conditional Use Permit requirements and stated that the lien was placed on the property to force compliance as the only leverage the Board had. Council Member Ash asked the timeframe in which the compliance would be accomplished. City Manager Saunders stated that the cleanup should have already taken place but that the Conditional Use Permit will incorporate specific timetables. He stated that Staff supports the subordination of lien because Mr. Jones is working in good faith. Mayor Turville stated that this site has been an issue for quite some time and this is the best choice for now. A motion was made bp Council Member Caputo to deny the subordination of lien. Motion failed due to lack of second. A motion was made by Council Member Mullins, seconded by Council Member Ash, and carried bP a vote of 4 to I to approve Item 4 qf the Consent Agenda, with Council Member Caputo being opposed. A motion was made by Council Member Caputo, seconded bY Council Me~nber Mu. llins, and carried unanimously to approve Itetns 1, 2, 3 & 5 of the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 323-C - Final Reading Mayor Turville read the ordinance by title only. CODE ORDINANCE NO. 323-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT PURSUANT TO CHAPTER 180, FLORIDA STATUTES (2000), REESTABLISHING THE CLERMONT UTILITIES SERVICE DISTRICT; EXPANDING THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE EXTENSION OF MUNICIPAL 'UTILITIES WITHIN THE DISTRICT; REQUIRING ALL PERSONS OR CORPORATIONS LIVING OR DOING BUSINESS WITHIN THE DISTRICT TO CONNECT TO THE CITY WATER AND WASTEWATER SYSTEM WHEN AVAILABLE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Manager Saunders requested that the City Council table the ordinance to the next meeting in order to allow time for the city to receive revised maps from Famer, Barley & Associates. O City of Clermont O MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 4 motion was made b? Council Me~nber Caputo, seconded by Council Member Mullin& and carried unanimously to table Ordinance No. 323-C to the meeting qfFebrua~_ 25, 2003. Request for Water & Sewer - Highland Real Estate & Investments, Inc. (Johns Lake Road) City Manager Saunders stated this request for utilities is for a proposed 66 lot subdivision on the north and south side of Johns Lake Road, approximately 25 acres in size. He stated this request was tabled at the last meeting to allow time for the applicant and Staff to meet regarding the accompanying water and sewer service agreement. City Manager Saunders stated that the goal was to get as many City Land Development Regulations met in Section 2 on page 2 as possible. He stated that several of them were but there are exceptions. He then referenced Section 2.1 and stated that Mr. Ladd preferred to meet City Code on landscape buffers for common areas rather than individual lots. He stated that one significant difference is the provision of 75 foot lots versus the requirement of 85 foot lots. City Manager Saunders then referenced Section 3.1 and stated that while the property is not contiguous to the City at this time, Mr. Ladd would prefer that annexation occur after the lots are sold. Dale Ladd, 1135 East Avenue, Highland Real Estate & Investments, Inc., the applicant, supported City Manager Saunders' explanation and offered to answer any questions. Council Member Mullins asked how annexation could occur after the lots are sold if at the time the property becomes contiguous to the City there could be mixed ownership of the entire parcel. City Attorney Guthrie stated that the City is asking Mr. Ladd to bind the entire property for annexation when contiguous and suggested a timeframe to do so rather than based upon ownership. Mr. Ladd stated he would agree to a one year timeframe for annexation purposes. Council Member Ash stated that since no plans or specifications for the project have been provided she would prefer to wait until Lake County approves the plans. Council Member Caputo agreed with Council Member Ash and stated that since Lake County has enacted a 90 day postponement for these type uses the City should follow suit with postponement of all requests of this nature. He stated it would be premature to approve these types of requests without County approval. Mr. Ladd stated that this is not a zoning issue and that he has not submitted plans to Lake County yet as he has been working with the City to meet certain City requirements and must incorporate them into the submittal for Lake County. Council Member Mullins spoke regarding the City's past complaints that developments were going to Lake County prior to them. Council Member Ash stated that the city would not benefit from the impact fees generated by this project if approved. City of Clertnont O MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 5 She stated that if the City waits until after a Joint Planning Agreement with Lake County is in place then the Land Development Regulations will be uniform for both and that she would only approve the project at this time if it meets all current City Land Development Regulations. Mr. Ladd spoke regarding which Land Development Regulations may apply in the future and stated that he came to the City first to try to comply before turning to an alternative provider. Mayor Turville stated that since no application is currently in process at Lake County then the property may not develop within the timeframe of the 90 day postponement period. He stated the agreement as written is better than the project being built to current Lake County standards and that this is the best opportunity the City will have to affect this project. He stated that another provider is available and annexation will occur when contiguous. Council Member Caputo spoke regarding postponing the request rather than denying and stated that the City has the capacity and ability to serve. City Attomey Guthrie cautioned the City Council that there is a case where decision was made for Lake Utilities against the City of Clermont even in the City's Chapter 180 area. He stated that the City Council can postpone for finite criteria. Council Member Renick stated that the Joint Planning Agreement is currently being brought together and should be a reality in a short time. Mr. Ladd stated that the project can be preliminary platted in four weeks or less. He stated he has a letter fi.om an alternative provider for water and sewer and can move forward but would prefer to have a preliminary plat with City of Clermont utilities. Mayor Turville stated that in the current Joint Planning negotiations with Lake County when a property develops without being contiguous the City would not receive the related impact fees. He stated that the timetable of this project does not lend itself to the Joint Planning requirements and it will move forward. Council Member Ash spoke regarding City versus County standards and stated that the City cannot get the best projects if it continues to accept them at County standards. Mr. Ladd stated that there are only a few technical standards that differ in this project fi.om City Land Development Regulations that would not make a visual difference. He spoke regarding tree requirements and some of the standards of Kings Ridge. Discussion followed regarding lot sizes. Don Ballard, 3526 Westerham Drive, spoke regarding the smaller trees being better growers. Bernie Gross, 1030 Mesa Verde Court, spoke regarding water restrictions and how they are affected. Council Member Caputo stated his concern regarding adding students to the school population and stated that the City of Clermont should send a letter to Lake County requesting that all projects that would impact schools be tabled. City of Clermont 0 MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 6 Council Member Mullins stated that this is not a request for rezoning but for water and sewer service. He stated that the project is in the City's Chapter 180 district and that the City can gain some standards on the project now or it will be built to County standards. He stated that the City should provide service without delay. Discussion followed regarding the timing of the project and the status of the application at Lake County. City Manager Saunders stated that this project can move ahead under County standards and come back in 60 days for utilities without meeting our standards. He stated that with the Joint Planning Agreement in place the standards will not be substantially different. Council Member Mullins asked if pipes are in place for service near the property. City Manager Saunders stated that water is available in front of the property and sewer is located approximately 300 to 400 feet away. He further stated that the City is-serving utilities to the properties surrounding this one. A motion was made bp Council Member Ash, seconded bp Council Member Caputo, and carried 4 to 1 to table this request for Water & Sewer Service to the meeting qf /Ipri122, 2003, with Council Member Mullins being opposed. Council Member Caputo requested that the motion be amended to include that the City send a letter to Lake County requesting that they take the same position on all development requests until the school issue has reached resolution. The motion was amended by Council Me~nber Ash, seconded by Council Me~nber Caputo, and carried bP a vote qf 4 to 1 to table this request_for Water & Sewer Service to the meeting o_f ~lpri122, 2003 and to send a letter to the Lake CounO~ Board of Coun~ Commissioners requesting they take the same position on all development requests until resolution is reached on the school issue, with Council Member Mullins being opposed. Council Members Renick and Caputo discussed their views concerning not considering any development requests at this time that would impact the school issue and how approving this development is taking responsibility for doing that. Request for Water & Sewer - Highland Real Estate & Investments, Inc. (Doudney) City Manager Saunders stated this request for utilities is for a proposed 360 lot subdivision east of and adjacent to the Regency Hills subdivision, approximately 120 acres. He stated that the same standards apply in Section 2 of the agreement and Section 3.1 regarding annexation that were discussed with the previous request. He stated that the first phase of development would not be contiguous to the City, although the third phase would be. Dale Ladd, 1135 East Avenue, Highland Real Estate & Investments, Inc., the applicant, stated that, as with the prior request, tabling the request would not affect the timing or ability to develop this project. City of Cler~nont O MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 7 Mayor Turville stated that while approval of this project would require this project to be built to higher standards it may not be perceived as in the best interest of the City. Mr. Ladd spoke regarding denial of this request being perceived at Lake County as an effort to control growth rather than a joint effort to get the best Land Development Regulations. Discussion followed regarding Lake County's recent 90 day postponement of all rezoning requests that would affect the schools and how this project relates to that postponement. Further discussion took place regarding the upcoming joint meeting of the School Board, County, League of Cities and municipalities and possible results and clarification being provided as a result. Cecelia Bonifay spoke as legal representative of the property owner, Doug Doudney, regarding impact fees and Lake Utilities. She recommended that the City move forward as Lake Utilities was ready to provide service to this project. Bob Beasley, 1345 12th Street, spoke in opposition to the project. Discussion followed regarding the number of units to be served. Mr. Ladd stated he has two providers available but prefers City of Clermont utilities for the project. ,~ motion was made bp Council Member Ash, seconded by Council Member Caputo, and carried by a vote of 4 to 1 to table this request for Water & Sewer Service to the meeting of April 22, 2003, with Council Member Mullins being opposed. Request for Water & Sewer - Bill Seidle's Chevrolet-Oldsmobile, Inc. City Manager Saunders stated that the applicant has asked that this request be tabled to the next City Council meeting. A motion was made by Council Member Caputo, seconded bp Council Member Ash, and carried unanimously to table this request for Water & Sewer Service to the meeting of February 25, 2003 (time certain). VISITORS WITH BUSINESS Variance Request - Holiday Inn Express/Peoples State Bank Planning Director Brown stated that the applicants are requesting a variance to allow off site signage for the use of the old Cler-Vue Drive Inn sign that fronts S.R. 50. He stated that the City Council granted a variance to allow the two then future businesses to utilize the sign but that the variance expired after one year. Deputy City Clerk Studdard swore in the following: O City of Clermont O MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 8 Terry Knorr-March, General Manager of the Holiday Inn Express, the applicant, stated the need to wait for the Peoples State Bank in order to know who the user would be at that location, as determination regarding the type of advertisement was dependent upon that user. She stated she was unaware of the time constraints of the variance. Dick Tegen, 2292 Twickingham Court, spoke in opposition to the variance request. He provided photographs of the existing sign. Elaine Tharpe, 2322 Twickingham Court, spoke in opposition to the variance request and asked if the sign would provide display space for community events. Mayor Turville closed the public hearing at this time. Mayor Turville spoke regarding the original variance request being approved on the basis of taking of property and reasonable use. City Attorney Guthrie stated that taking is not an issue in this case since the requirements were not met in the proper timeframe. Discussion followed regarding the proposed use of the sign. City Manager Saunders stated that the community advertisement aspect was discussed but never approved in the original request. Discussion followed regarding the history of the sign and the proposed changes. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried by a vote qf 3 to 2 to deny the variance request, with Mayor Turville and Council Member Mullins being the opposing votes. NEW BUSINESS Lake County Board of County Commissioners - Request for Postponement City Manager Saunders stated that the City has received a letter fi'om County Commission Chairman Cadwell explaining the action taken by that Board in the 90 day postponement of rezonings and encouraging cities to follow suit. Discussion followed regarding what development decisions on a local level impact the school system. City Manager Saunders stated that the letter specifically requests postponement of all rezoning decisions that would impact schools. City Attorney Guthrie cautioned the City Council that local governments should avoid making decisions that would affect properties that are already rezoned. He spoke regarding vested rights and Lake County allowing those to move forward as a precaution. O City of Clermont G MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 9 Mayor Turville requested that Planning Director Brown provide the status of subdivision plans in the City of Clermont. Planning Director Brown provided copies of the information and explained the status. City Manager Saunders asked Planning Director Brown if any of the proposed subdivisions would require rezoning. Planning Director Brown stated they would not. City Manager Saunders stated that since none of these projects would require rezoning, according to the request by Lake County all could move forward. City Attorney Guthrie advised that he would be very reluctant to interfere with approved rezonings. Discussion followed regarding how the City should honor the request for postponement. City Attorney Guthrie stated that Lake County is probably seeking an across the board motion of support fi.om all cities. Discussion followed regarding the possible results of the 90 day postponement at the County level, and property rights. Council Member Renick stated that the City should be supportive of Lake County's request. Council Member Ash stated that the motion should be in support of Lake County's action and should state the City's intent. Doug Doudney, a local property owner, spoke regarding property owners' assumptions that children will be educated with tax dollars paid on vacant land. Council Member Caputo stated he hoped the upcoming February 13 joint meeting regarding schools would bring pressure on the School Board to act. Cecelia Bonifay spoke regarding Lake County's postponement not affecting rezonings. She spoke regarding the 450 acre she currently represents being an age restricted community. A motion was made by Council Me~nber Renick, seconded by Council Member Caputo, and carried unanimousl_¥ to support Lake Coun_ty's effort. Ordinance No. 467-M - Introduction City of Clerntont Ordinance No. 467-M AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND O City of Clermont O MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 10 DEVELOPMENT REGULATIONS ACT OF 1985, CHAPTER 163, PART II, FLORIDA STATUTUES; SETTING FORTH THE A UTHORITY 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 ,4 SEVER. ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DA TE. Mayor Turville read the ordinance by title only. A motion was tnade by Council Member Caputo, seconded by Council Member Mullins, and carried unanbnouslv to introduce Ordinance No. 467-M. Regency Center/East Towne Center - Utilities Service Agreement Amendment Planning Director Brown stated this is a request to amend an existing agreement for the property located at the northeast comer of State Road 50 and County Road 455 to allow five interior landscape islands rather than nine and to allow landscape islands to be 10 feet wide including curb rather than 10 feet not including curb. Mayor Turville asked if the parking requirements would be met with the correct number of landscape islands. Jimmy Crawford, the applicant, stated that they would be and stated that the differences in landscape materials would be made up as well. Planning Director Brown clarified that the request is to allow six, not five, interior landscape islands rather than eleven, not nine. City Manager Saunders stated that the total landscape requirement is met but not in areas as required, and stated that Section 2.1 of the agreement should be amended to reflect the correction Planning Director Brown had just made. Don Ballard, 3526 Westerham Drive, asked if the parking space sizes meet Code requirements. Planning Director Brown stated they do. A tnotion was made bY Council Member Mullins, seconded bY Council Me~nber Ash, and carried bp a vote of 4 to 1 to approve the amended Utilities Service Agreement, as amended, with Council Member Renick being the opposing vote. Lake County Building Department/Lease Agreement City Manager Saunders stated that the Lake County Building Department has proposed sharing Planning Department space in the new City Hall. He spoke regarding this being a positive move for residents and Staff. He stated that the agreement includes provisions for rental fees as well as a percentage of fees collected being returned to the City and recommended approval. City of Clermont ~ MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 11 Council Member Caputo asked if Lake County would be responsible for costs associated with any needed improvements. City Manager Saunders stated they would be and thanked Dale Griner of Lake County Building Department for initiating the agreement and for his attendance at tonight's meeting. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unan#nously to approve the Inte~qocal Agreement. Council Appointments City Manager Saunders stated that there are five expiring terms on the Planning & Zoning Commission, with four members seeking reappointment. He stated that Jim Douglas has requested appointment to this Board as the replacement for the one open seat. A motion was ~nade by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to reappoint Richard Tegen, John E. Carlson, David Pape and David Lange and to appoint Jim Douglas to the Planning & Zoning Co~nmission. City Manager Saunders stated there are two expiring terms on the Code Enforcement Board with both members seeking reappointment. He stated there is one new request from Stephen Berlinsky. Stephen Beflinsky, 1217 North Jacks Lake Road, stated he wished to serve the City in any available capacity. Mayor Turville thanked Mr. Berlinsky for his efforts. A motion was ~nade by Council Member Caputo, seconded bp Council Metnber Mullins, and carried unanimously to reappoint Paul Lienard and Joseph Janusiak to the Code Enforcement Board. Outside Agency Appointments A motion was tnade by Council Member Caputo, seconded by Council Metnber Renick, and carried unanimously to reappoint existing members to all Outside Agencies except to appoint MaYor Turville as South Lake Chamber of Commerce Liaison and Council Member Ash as Lake County Communi~_ Action Agenq¥ Liaison. Mayoral Appointments Mayor Turville reappointed all remaining members requesting reappointment to the Beautification Committee as below: Percy Coleman Carol Harrison Robert Lewis Oakley Seaver Nancy Davis Perri Sehad Bruce Brown Michael Lausier Ben Brogden Cathy Brown City of Clertnont '-' MINUTES REGULAR COUNCIL MEETING February 11, 2003 Page 12 Patricia Kettenhofen Marty Heinrich Victoria Kurek Margaret Gaines Mayor Turville made one new appointment to the Beautification Committee, Judy Powers. Mayor Turville reappointed all remaining members requesting reappointment to the Parks & Recreation Committee as below: Jeff Duke Curt Hall Dr. A1 Schlazer Basha Schlazer Bob Pinto Amy Lesner Choice Edwards Loretta Lynn Anthony Trivelli Mayor Turville made one new appointment to the Parks & Recreation Committee, Stephen Berlinsky. Mayor Turville stated that the City Council had reached the end of the meeting agenda and asked if anyone wished to speak on any other issue. Elaine Tharpe, 2322 Twickingham Court, spoke regarding an article in the press regarding Wal-Mart. There being no further business, the meeting adjoumed at 10:15 p.m. ~s~h E. V~ln Zile~lerk