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01-10-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 r1 L_J The Clermont City Council met in a regular meeting on Tuesday, January 10, 2006 in the Council Chambers at City H. Mayor Hal Turville called the meeting to order at 7:20 pm with the following Council Members present: Coun Members Mullins, Goodgame, and Renick. Other City officials present were: City Manager Saunders, Assistant C Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES City Council meeting minutes of December 13, 2005. i Council Member Goodgame moved to approve the minutes as written • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Rob Kelley with the Citizens Coalition of Lake County requested the Council consider approving a short term resoluti n to indicate the City's intent to maintain the core conservation of the Green Swamp and limit the density to 1 dwelling u it per 5 acres. The issue is to make consistent land use rules between the Cities and County. The City of Groveland as ncluded a policy in their comprehensive plan to limit density to a maximum of 1 dwelling unit per 5 acres. He is iquesting all cities on the edge of the Green Swamp to do the same. Mayor Turville suggested he coordinate with staff to become an agenda item for Council consideration. Council Member Renick requested that it be on the next agenda or as soon as possible. II Bill Banzhaf, President of Clermont Downtown Partnership, noted the first annual Clermont Arts & Crafts Festival will e held this weekend. Nick Jones encouraged all to attend the Symphony of the Lakes Orchestra performance on Thursday at 7:30pm at the First United Methodist Church. The ticket price will be $30. REPORTS City Manager Saunders scheduled a Council workshop with CT Hsu and Associates and the Community Center Adviso Committee for Thursday, January 19 at S:OOpm. Also, the Chamber banquet will be held on January 21. City Attorney Mantzaris - No report ~ Council Member Goodgame reported on the Lake Sumter MPO meeting on December 14. The 2011/2025 long ran e Transportation Plan did not include old CR 50. He advised this road should be improved and stated the County w s notified of it being on the priority list. Also, the plans for Plaza Collina should include right of ways for CR 50. r. Goodgame also attended the Tourism Board meeting. The agreement between Lake County and Lake Sumter Communi ~llege for the softball complex was funded $2 million by the Tourism Board. It was approved by the Countty City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 • Commission. Also, the County Commission approved a $5 million matching fund for the Lake Sumter College Library which is supposed to be a joint facility for the school and the public. Council Member Mullins mentioned an invitation for the Performing Arts kick off breakfast on Tuesday, January 24 Tom Gallagher as the guest speaker to talk about the Performing Arts of Lake and Sumter County. Council Member Renick passed out letters regarding the South Lake Growth Summit meeting on February 6 at Min City Hall to go to all elected officials within the county and another letter to go to the cities in South Lake County. read the letter aloud. Ms. Renick is also scheduled to talk to the Chamber board to obtain more participation. Council Member Goodgame moved to agree with the content of the letter; seconded by Council Member Mullins. The motion passed with all members present voting aye ". Mayor Turville spoke at the Woman's Club today and was proud of the condition of the building. PROCLAMATION Mayor Turville read a Proclamation aloud proclaiming January 20, 2006 as Arbor Day. Mayor Turville noted there are items that have been requested to be tabled which include items 1, 2 and 3 of the agenda and item 2 and 4 of New Business. • Council member Goodgame moved to table items 1, 2 and 3 of the consent a e~ for two (2) weeks; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Council Member Mullins moved to table the Hartle Utility Agreement Discussion to January 24; seconded by Council Member Goodgame. The motion passed with all members present voting "ave ". Council Member Renick asked how the Inland Groves Property purchase contract has changed which is item four (4). City Manager Saunders replied their lawyer had technical clarifications and date changes with the contract. Staff did mot have a problem with it however they prefer to have the corrections made before bringing it for Council consideration. Council Member Mullins moved to table to January 24; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested any ne wishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Purchase Approval Approval to purchase 2 recycling trucks from Container Syste s and Equipment Company, Inc. with funds from the 2005 06 Sanitation Budget • ~ City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 • Item No. 2 -Purchase Approval Approval to purchase 2 Lodal Garbage trucks from Conn Systems and Equipment Company Inc. with funds from 2005-06 Sanitation Budget Item No. 3 -Purchase Approval & Budget Amendment Request approval to purchase clam truck and amend Sanitation Budget in the amount of $4245.00 Item No. 4 -Onyx Contract Amendment Approval for assignment of contract with Onyx Waste Servi Southeast Inc. to Waste Services Inc. Item No. 5 -Mutual Aid Agreement Item No. 6 -State Homeland Security Grant Program Approval of a Mutual/Automatic Aid Agreement for Protection Services between Clermont and the City of Minn Renewal of Memorandum of Understanding between the Homeland Security Grant Program and the City of Clermont Council Member Mullins moved approval of consent agenda items 4. S and 6; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS ~rdinance 541-M Final Hearing Mayor Turville read Ordinance 541-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting 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 Turville opened the public hearing. Barbara Hollerand, Planner, reported on the small scale comprehensive plan amendment being processed as lan administrative item. The property address is ,854 West Avenue and the owner is Stephanie Butler. The request is Ito change the future land use map from Non-Established District 6 Residential to Established Business District 1 Cent#~al Business District Commercial. The existing land use is single family residential and the zoning is R-3. Blocks 96, 97 a d 97 share West Avenue on their east and 10`" Street to their west. The north/south streets are Montrose and Desoto (blo~Ck 96); Desoto and Juniata (block 97); and Juniata and Broome (block 98). In May, eight applicants with properties n blocks 97 and 98 applied for asmall-scale comprehensive plan amendment to change their properties from NE -6 Residential and NED-6 Public Facilities/Institutional to EBD-1 Central Business District Commercial. That request as not supported by staff primarily because it was not a unified block of landowners on blocks 97 and 98. Staff believed e change would fracture land uses on those blocks between residential and commercial uses. The Council concurred, voti g ainst the request and directed staff to meet with the neighborhood property owners to explore alternatives. Staff hel a _ I City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 n LJ neighborhood meeting in June and discussed options for land use changes, which were then to be presented to the Council as administrative items. Several applicants in the small-scale comp plan amendment request had expressed their desire to use their homes for offices, which was not allowed in the NED-6 Residential future land use. Because the City's ho e occupation regulations limit homeowners to a telephone-only office use, a change to the EBD-1/Central Business Dist ict future land use provided the only option available to convert their homes to home offices. However, the EBD-1 fut re land use designation does allow a much broader range of uses. The property owner whose property is the subject of he request proposes to use her home for personal services and office use. She applied for the same change in February 20 3 but was denied. Since that time, two (2) applications for land use changes have been made for properties on blocks 7 and 98. A 2004 application to allow an office use on the corner of 10`'' and Broome streets was granted. There contin es to be considerable interest in converting homes in this area to professional offices. However, because many long to residents have expressed their desire to maintain the residential character of their neighborhood and to protect its 11 established tree canopy, the City does not believe a future land use change converting all of blocks 96, 97 and 98 to C D or professional office is appropriate at this time. Staff considered adding West Avenue properties on these three blocks to the CBD, but upon further analysis, deemed that such a change would be premature. Among the six properties alo g West Avenue that are not currently in the CBD, two are churches. Additionally, two West Avenue residential prope owners were not part of the May request, and one of these owners voiced her opposition to changing to CBD. The subj ct property, though part of the May request, is unique in that it has CBD neighbors on two sides. This 1/3 acre prope is oriented toward the CBD and away from the residences on block 97. The proposed personal services use would need to meet parking, landscaping and other code requirements. The Planning & Zoning Commission voted in favor of the proposed amendment and staff recommended approval. Council Member Renick reported on a conversation with Mr. Butler. He contacted Ms. Renick asking her opinion ~as a good idea to be heard without a full Council. City Attorney Mantzaris stated it is appropriate for any person coming before the board to be aware that a 2 to 2 vote denial of their application. Until this seat is filled, each applicant should be made aware that they do have a right to 1 their item moved to a time when there is a full board available. Jerry Butler, applicant, mentioned he did remodeling of the home with the intent to turn it into a nice property for downtown. He presented pictures of the neighborhood which displayed cars parked on West Avenue in front of This property. Mayor opened the public hearing. Charlene Forth, 939 W. Desoto Street, passed out and reviewed a chronology of events of the property to the Coun~il. She made a point that this issue is not just about two (2) neighbors having a strong disagreement between the Forth's aid the Butler's. She mentioned there was a compromise at the community meeting. Ms. Forth requested the Council deny the request. She also displayed photographs of the backyard and the surrounding area. Bill Banzhaf, 931 W Montrose Street, stated the issue is with the language in the City code and suggested the property'~be considered Central Business District to allow the applicant to have a home office. Helen Groover, mother of Mr. Butler, spoke in favor of the Butlers request. ~ Stephanie Butler, 854 West Avenue, remarked that the City approved properties for Broome Street and 10"' Street for e ~me request. There is a Central Business District designation on both sides of this property. Ms. Butler not d City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 • contradictions in the zoning and future land use of her property. She requested approval of the Ordinance to hav~ a personal service business in her home. ~, Charlene Forth apologized if she offended Ms. Groover. She voiced not having a problem with the Butlers business in their home; however she prefers to not change the property to Central Business District (CBD). Mayor Turville closed the public hearing. Mayor Turville asked for the list of the permitted uses in Central Business District. City Manager Saunders read aloud Division 10 section 122 stating the permitted uses in a Central Business District well as conditional uses. City Manager Saunders remarked that staff presented language to try to accommodate everyone. Council Member Goodgame asked if it would be possible to limit commercial use to professional uses on this type zoning. City Attorney Mantzaris explained they would have to go through the process and negotiate limitations. City Manager Saunders stated the first step is to amend the comprehensive plan to allow CBD zoning to occur. •ouncil Member Renick remarked she did not see the traffic situation as an issue with West Avenue as it is a main a to downtown. She likes multi use of mixing residential with business. With this property having CBD neighbors on sides, Ms. Renick sees this as appropriate and supports the request. Council Member Mullins moved to adopt Ordinance 541-M,• seconded by Council Member Renick. a as of Under discussion, Council Member Goodgame questioned if someone wanted to buy and convert this property to anot(~er use, would they have to return to the Council. City Manager Saunders clarified the list he read earlier in the meeting was for the CBD zoning. There is confusi n between the zoning and the land use. This request is a change in the land use to EBD-1 not the zoning. This is a chan e in the comprehensive plan that allows personal service establishments in the area. The zoning is currently R-3 and d es not change with the request before the Council. This will allow the Butler's to proceed to the next step to reques a Conditional Use Permit for a personal service establishment, if approved by Council. ', The motion passed on a roll call vote 3 to 1 with Mayor Turville opposing, Ordinance 592-M Final Hearing Mayor Turville read Ordinance 542-M aloud by title only. An Ordinance of the City of Clermont pertaining to previously adopted Ordinance No. 221-M, passed and ordained by the City Council on October 9, 1990 approving a petition for annexation of certain real • property into the municipal limits of Clermont; providing that the real property listed in Ordinance 221-M City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 • contained an incorrect legal description and correcting the legal to refer to and include the real property that was the subject of the petition; providing for severability, conflict, and effective date. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City Manager Saunders advised this is an administrative change to correct the legal description. Council Member Mullins moved adoption of Ordinance 542-M.• seconded by Council Member Goodgame. The motion passed 4 to 0 on a roll call vote with all Members present voting "aye ". Ordinance 349-C Final Hearing Mayor Turville read Ordinance 349-C aloud by title only. An Ordinance of the City of Clermont relating to the regulation of the occupancy of buildings; amending Chapter 14 "Buildings and Building Regulations", division 2 "Certificate of Occupancy" of the City Code to create new section 14-62 "Suspension or Revocation of Certificate of Occupancy", providing for suspension or revocation of a Certificate of Occupancy by the City Manager based on specified findings; providing for appeal of such revocation to the City Council; and amending Chapter 122, "Zoning", Article V, "Supplementary District Regulations", by repealing section 122-349(E) "Termination of Occupational Licenses"; providing for severability, conflict and effective date. lity Attorney Mantzaris advised Council this is an update to the City code from an old provision that allowed for the C to revoke an Occupational License in the event that an operator of a business was doing something inappropri Occupational Licenses had been deemed by the courts as a tax and cannot be used as a regulatory measure. Staff u language listed in the Occupational License provision and transferred it to the Certificate of Occupancy provisions in City code. Therefore, the same provisions provided in the Occupational License will apply to the Certificate Occupancy, if adopted. If a owner or user of the facility violated any use in the ordinance then the City Managers of could issue a notice that the Certificate of Occupancy would be revoked and that individual would have a right to appea to the City Council for 30 days. A 30 day time period for the appeal should have been included in the ordinance. Mantzaris requested amending the ordinance to include additional language in section 1 (b) to read `The owner/applic shall request a hearing within 30 days of the day of notice or the right of appeal shall be waived'. ~~ Mayor Turville opened the public hearing. Bill Banzhaf remarked the language seems subjective. City Manager Saunders added those provisions are already in the code with having the ability to revoke a Certificate Occupancy. Jim Purvis questioned what would prompt this situation to occur. City Attorney Mantzaris commented the Code Enforcement Board would not have authority to make this type recommendation. of it of ~I of ~ouncil Member Mullins asked if it applies to private residences. City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 • City Attorney Mantzaris confirmed. II Charlene Forth questioned why it is processed through the City Managers office. City Attorney Mantzaris stated this language is common throughout all municipalities in Florida. The Code Enforcem nt Board has limited remedies to address this to include not having authority to revoke a Certificate of Occupancy. Council Member Mullins moved adoption of Ordinance 349-C with the suggested change associated with a 30 day limit on the ability to appeal; seconded by Council Member Goodgame. The motion passed 4 to 0 on roll call vote with all members present voting "aye ". NEW BUSINESS Resolution 1464 Mayor Turville read Resolution 1464 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 for the operation of a Daycare Facility in the Central Business Zoning District. Jim Hitt, Planning Director, briefed Council on the request for a Conditional Use Permit from Magic Moments Learninng enter. The applicant is Sam and Nancy Allison. The request is for a CUP to allow a daycare facility in the Cen~al usiness District (CBD) zoning district. The existing zoning is CBD. The location is 85 West Desoto Street. T e applicant has been operating the Magic Moments Learning Center for 6 years. Prior to the current owners obtaining t~e business, the prior owner operated a day care facility out of the same location. This type of business without a conditional use permit is considered an existing non-conforming use, and until a modification or alteration to the business is reques d the business may remain "as is". Now that the applicant has requested an addition to the current business, the enure business is required to obtain a conditional use permit for a day care facility in the Central Business District. The addition will consist of an 18' x 18' shade pavilion in the playground area for the kids. Previously there was a laurel oak tree that provided shade for the kid's playground, but the tree had to be removed due to tree rot and the age of the tree. Stiff recommends approval of the request. Applicant, Sam Allison, was available for questions. Mayor Turville opened the public hearing. Charlene Forth recommended approving the request. Mayor Turville closed the public hearing. Council Member Goodgame moved adoption of Resolution 1464; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". • City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2006 Early Voting Mayor Turville noted a letter received from the Supervisor of Elections indicating they will not be able to conduct early voting due to the short time frame for the Special Election. City Manager Saunders remarked that no action is necessary from the Council if we are to not have early voting. City Attorney Mantzaris advised Council that as of January 2006, a city has to opt in therefore no action is necessary. Mayor Turville read the letter aloud by Emogene Stegall, Supervisor of Elections. ADJOURN: With no further comments the meeting was adjourned at 9:45pm. L~ ATT~ST: ~' ~ _ ~ ~_ y /'I Tracy ckroyd, City erk .~~~` ^~ __ ~_ ~~ t. :rM t. ,.,> ~ , f' 9.' F. i. APPROVED: ~~ Mayor Harold Turville •