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06-23-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 The Clermont City Council met in a regular meeting on Tuesday, June 23, 2009 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 Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of May 26, 2009. Council Member Goodgame moved for approval of the May 26 minutes as written• seconded by Council Member Mullins The motion passed with all members present voting_"aye". PUBLIC COMMENTS Wally Herda commented on the overhead canopies falling apart on some of the office buildings between 7`n and 8`n Street along Montrose Street in downtown Clermont. This could be a danger to the public. Rodney Lyons, 214 Carroll Street, commented on the improvement in the neighborhood. He noted having additional information to share. Assistant City Manager Gray suggested a separate meeting between himself, Mr. Lyons and Police Chief Graham. Mr. Lyons was in agreement with that arrangement. Council Member Hogan added to include Mr. Purvis as a part of the meeting. REPORTS Assistant City Manager Gray asked City Clerk Ackroyd to update the Council on the election qualifying and early voting. City Clerk Ackroyd reported the election qualifying closed last Friday for Seats 2 and 4. Seat 2 which is held by Council Member Goodgame qualified unopposed and will be serving another 2 year term. Three candidates qualified for seat 4 requiring a Primary Election to be held on August 25. If one candidate does not receive a majority of the votes cast, the two candidates receiving the highest number of votes will be placed on the ballot in the November 3 election. She contacted Emogene Steagall, Supervisor of Elections, to request assistance from her office for our municipal only election which she has agreed to do. Ms. Ackroyd requested Council decide on whether or not to provide for early voting. The estimated cost is $9,000 to $10,000 for early voting per election. This includes Z consecutive weeks prior to the election for 8 hours per day Monday through Saturday. Council Member Hogan moved to not use early voting- seconded bX Council Member Thompson. The motion passed with all members present voting"aye„ Assistant City Manager Gray noted staff would contact Council to schedule budget workshop dates. City Attorney Mantzaris - No report City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 City Attorney Mantzaris - No report Council Member Hogan - No report Council Member Goodgame reported the Tourism Tax has increased 34 percent compared to May 2008 and an increase of 30 percent from May 2007. Furthermore, he requested a workshop to discuss the need for additional police officers. Council Member Mullins thanked the sponsors and organizers of the Sidewalk Chalk Art Contest held in downtown Clermont. There were 40 artists who participated this year. Council Member Thompson - No report Mayor Turville - No report The agenda was adjusted to move the Council Appointment item to the top of the agenda. Council Appointment Staff only received one request from Ken Forte to serve on the Code Enforcement Board. Mr. Forte addressed the Council requesting to serve the City on the Code Enforcement Board. Council Member Hogan moved for the appointment of Ken Forte to the Code Enforcement Board; seconded by Council Member Mullins. 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 anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1-Event Request East Ridge and South Lake High Schools request use of Waterfront Park on Tuesday September 15 and Wednesday October 14 Item No. 2 -Purchase Approval Item No. 3 -Purchase Approval Item No. 4 - InterlocalAgreementApproval for 2 Cross County meets Fire Department request approval of a proposal from Moore Electric Company for an electrical connection for the City Emergency Operation Center's (EOC) generator in the amount of $5,625.00 Fire Department request authorization to purchase window protection panels for the City's EOC from Hurricane Shutters Florida for $2,624.79 Request approval of an Interlocal Agreement between the City and Lake County regarding the Neighborhood Stabilization Program 2 City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 Item No. 5 -Ranking of Firms Ranking of firms for Engineering Continuing Service Contracts Item No. 6 -Bid Award Public Services request authorization to award a bid to Orlando Paving for the 2009 Street Resurfacing Project in the amount of $120,300.00 Council Member Goodgame requested item 5 be pulled to have City Engineer Richardson explain the selection procedures. Council Member Mullins noted on item 6 he lives on one of the streets being resurfaced. Council Member Goodgame moved that items 1 through 4 and 6 be approved; seconded by Council Member Mullins. The motion passed with all members present voting"aye". Assistant City Manager Gray noted for professional services the city follows Florida Statutes. The City received an overwhelming response for this continuing services contract. City Engineer Richardson informed Council 44 submittals were received. Members of staff comprise the selection committee who review all of the proposals. There are several categories considered and location of office is a category. The firms located in Clermont did receive a full 10 points. The city received a number of good submittals because of the overwhelming response. Preference was given to firms whose main office is located in Clermont. This process was only based on qualifications. Assistant City Manager Gray commented one of the top 4 firms is located in Lake County. Council Member Goodgame moved for acceptance of item 5 of the consent a eg nda; seconded by Council Member Hogan. The motion passed with all members present voting "aye". UNFINISHED BUSINESS Ordinance No. 621-M Final Hearing Mayor Turville read Ordinance 621-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting changes to the Future Lane Use Map and adopting text changes to the goals, objectives and policies of the Future Land Use, Transportation, Housing, Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water, Natural Groundwater Aquifer Recharge, Conservation, Recreation and Open Space, Public School Facilities, Intergovernmental Coordination and Capital Improvements Elements of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and an effective date. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 Barbara Hollerand, Planner, reported on the adoption of the 09-1 large-scale comprehensive plan amendment. It is an administrative amendment. The amendment is a full rewrite the goals, objectives and policies of all elements of the comprehensive plan. It also amends the Future Land Use Map to reflect updated policies in the Future Land Use Element. This amendment is being transmitted in preparation for the City's required Evaluation and Appraisal Report (EAR) to its comprehensive plan. The City's proposed plan update includes 13 elements as well as a revised Future Land Use Map that preserves the intent of the current map while increasing readability. The elements cover all areas of planning -Future Land Use, Transportation, Housing, Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water, Aquifer Recharge, Conservation, Recreation and Open Space, Public School Facilities, Intergovernmental Coordination and Capital Improvements. Each element includes goals, objectives and policies and newly updated data and analysis. Only the goals, objectives and policies and the Future Land Use Map are adopted; however, the 2009 data and analysis provides an important baseline for future updates to the plan. The Florida Department of Community Affairs (DCA) issued an Objections, Recommendations and Comments (ORC) Report that included seven (7) objections. Based on the report's recommendations, approximately 41 policies have been modified or added to meet the requirements of state statutes and Rule 9J-5 of the Florida Administrative Code. All changes have already been presented to DCA and follow the agency's recommendations for compliance. Barbara reviewed the modifications to each objection as follows: Objection 1 added further clarification in the Data and Analysis for the Sanitary Sewer and Potable Water elements to better the needed improvements to the Capital Improvements Element's Five-Year Schedule of Capital Improvements. Provided analysis in the OCR report to substantiate the proposed Future Land Use Map does not increase density, but decreases it. Objection 2 added "meaningful and predictable guidelines" to address reduction of greenhouse gases in policies in the Future Land Use, Transportation and Conservation elements. Also, added "meaningful and predictable guidelines" to Housing Element policies to address increasing affordable housing units and reducing substandard housing. Objection 3 added language to the Master Planned Development policy in the Future Land Use Element to specify a percentage distribution of uses allowed within the category. Objection 4 created a policy in the Future Land Use Element that listed the maps to be included in the Future Land Use Map series and added the maps as "Appendix A" to the element. Objection 5 stated the City's intention to provide a draft water supply plan to the St. Johns River Water Management District this month and to adopt the water supply plan in July as an appendix to the Potable Water Element. Also, related policies were modified in the Future Land Use, Potable Water, Sanitary Sewer, Conservation and Intergovernmental Coordination elements. Objection 6 corrected an inconsistency in the Potable Water Element that dealt with well field protection zones. Objection 7 added more specific language in the Capital Improvements Element to address the City's concurrency management system. Included the minimum requirements for concurrency as outlined in Rule 9J-5 of the Florida Administrative Code as Appendix A of the element, and renumbered the Five- Year Schedule of Capital Improvements as Appendix B of the element. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 Ms. Hollerand noted two (2) corrections to be made prior to sending the package to the state. They are the addition of the word "safely" to a policy in the Potable Water Element and correcting a typo in a policy in the Intergovernmental Coordination Element. The Five-Year Schedule of Capital Improvements also has a short description of each utilities project. Staff recommended approval of the text changes to the goals, objectives and policies of all elements of the comprehensive plan and approval of the proposed Future Land Use Map. Mayor Turville opened the public hearing. Council Member Goodgame questioned where the document references reclaimed water. Ms. Hollerand noted when the water supply plan comes before the Council next month, that element will be in the plan. Council Member Goodgame asked about the percentage of the City's reclaimed water. Planning Director Hitt clarified that Florida Statutes does not require the listing of percentages within the comprehensive plan. Mayor Turville closed the public hearing. Council Member Goodgame moved for acceptance of Ordinance 621-M as amended; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". NEW BUSINESS The next two items were heard concurrently and voted on separately. Jones SettlementAgreement Resolution No.1617 Jones Auto Repair Mayor Turville read Resolution 1617 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 the use of an Automotive and Truck Repair Service Business in a C-1 Light Commercial District. City Attorney Mantzaris reported on the Settlement Agreement. This has been an ongoing litigation between the City of Clermont and Gerald Jones. In an effort to obtain a resolution, the city attended a mitigation and litigation matter. Mr. Jones was represented by Fred Morrison and the City was represented by its attorney through the city's insurance carrier. The mediation agreement was agreed to by staff. Council has to give final approval. These two (2) items are interrelated because the settlement agreement includes certain items related to an amendment in the Conditional Use Permit (CUP). The original CUP had conditions from a time perspective as to when the improvements would be made to the property and completed. Mr. Jones and staff recommended an amendment to the CUP to allow for an additional three (3) months to make the improvements. There are a couple of items negotiated by staff and is recommending approval of. One is the ongoing Code Enforcement action on this property and there exists a Code Enforcement fine of approximately $17,000. As part of the settlement, staff has recommended the City Council release the lien in its entirety. City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 The waiver of liens would provide Mr. Jones with favorable financing. Also, staff has agreed to recommend to the Council that a portion of fees paid by Mr. Jones for this amendment to his CUP be refunded except for the direct cost of advertising. The amount of $225 would be refunded to Mr. Jones. Those items require action from the Council to approve the settlement agreement to release the lien and refund $225. Jim Hitt, Planning Director, reported on the CUP request. The applicant requested to operate an automotive and truck repair service within a C-1 Light Commercial Zoning District. The automotive and truck repair service has been operating on this site in non-compliance of apre-existing CUP. This CUP was previously approved July 22, 2008. The application is pursuant to a mediated settlement of litigation between the applicant and the City, and incorporates mediated changes for permit and completion dates. The owner wishes to redevelop the site and incorporate site improvements which include: anew 2,400 square foot building, buffer wall on the south portion of the property, landscaping, consolidate entrances to three (3) primary entrances, underground retention, parking spaces sized per code, dumpster enclosure, and sidewalks on Lake Avenue and Chestnut. Furthermore, Mr. Hitt reviewed two (2) changes to the CUP. The CUP must be executed and submitted to the City Clerk's office within 30 days and all renovations must be completed within nine months of the date this CUP is approved by the City Council. Fred Morrison was present on behalf of the applicant, Jerry Jones. He requested approval of the settlement agreement and the CUP. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame expressed concern with the length of time vehicles will be waiting to be repaired. Planning Director Hitt advised there are no timelines for car repairs. Mr. Morrison stated per the CUP all repairs must be done in an enclosed building; display sales are not allowed and no outside storage of any vehicles shall be allowed on site except for vehicles awaiting immediate repair. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on any adjacent right of way. Council Member Goodgame suggested only allowing a two (2) week waiting period. City Attorney Mantzaris did not believe this could be legislated as part of the CUP. There is enough language in the CUP to address that issue. Council Member Mullins noted this is an opportunity to move ahead. Mayor Turville encouraged the Council to move forward as written. Council Member Mullins moved to accept the mediation agreement; seconded by Council Member Thompson. City Attorney Mantzaris clarified the motion includes the release of the fine waiver of the lien and refund of $225. Council Member Mullins confirmed that is the intent of the motion. The motion passed with all members present voting "aye". Council Member Mullins moved for adoQtion of Resolution 1617; seconded by Council Member Thompson. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 23, 2009 Resolution No. 1618 Eastside Animal Hospital Mayor Turville read Resolution 1618 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 a Veterinary Hospital in the C-2 General Commercial District. Curt Henschel, Planner, presented the request. The applicant requested a CUP for a veterinarian hospital in a C-2 General Commercial zoning district. The parcel currently has a 44,000 square foot shopping plaza that is used by a mixture of commercial uses. The applicant proposed to lease suite B of the plaza consisting of 8,000 square feet. The applicant proposed to provide vaccinations, surgery, dental care, senior care, and take care of ill domestic dogs, cats, birds, and reptiles. Overnight care is proposed for surgical patients and ill patients. Mr. Henschel noted the applicant is not requesting a kennel. Staff recommended approval of the request for a CUP to allow a veterinary hospital. Applicant, Dr. William Geiler, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Good~ame moved for approval of Resolution 1618• seconded by Council Member Hogan The motion~assed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 8:15pm. APPROVED: Harold S. Turville, Mayor