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11-10-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 The Clermont City Council met in a regular meeting on Tuesday, November 10, 2009 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:OOpm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. Mayor Turville reported an amendment to the order of the agenda. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. ELECTION RESULTS City Clerk Ackroyd read the election results aloud. Council Member Hogan moved to accept; seconded by Council Member Mullins. The motion passed with all members present voting "aye". OATHS OF OFFICE City Clerk Ackroyd administered the oaths of office to Council Member Goodgame for Group 2 and Council Member Mullins for Group 4. PUBLIC COMMENTS Richard Bisaillon, 960 Johnson Drive, was present as a South Lake Soccer Club Board Member. The board received notice from Dave Teske, Recreation Manager, in regards to the soccer fields at Hancock Park being closed until August 2010. He commented on the field conditions and requested use of Palatlakaha Park starting in January 2010 until the fields at Hancock Park are repaired. Assistant City Manager Gray explained staff determined there was a problem at Hancock Park and will be repairing the soccer fields. He apologized but this is necessary to bring the fields back into shape. Staff has been in communication with the board and has talked to the National Training Center and the City of Minneola for an alternate location. Mr. Gray noted he could not confirm the schedule for Palatlakaha Park however is willing to sit down and discuss alternatives with the board. Mayor Turville asked that he contact Assistant City Manager Gray this week. Fred Sommer thanked City staff for their assistance with the Great Floridian Triathlon as part of the 125`h celebration. Mayor Turville commended Mr. Sommer on the triathlon event. Jim Purvis applauded city staff on the 125' celebration and Fred Sommer for the triathlon event. He congratulated Council Member Mullins on his re-election. Mr. Purvis referenced comments made by Mayor Turville from a previous Council meeting in regards to the Police Department. Judy Proli, 1020 Everest, complimented the 125' celebration events and thanked Council for the fountain on Center Lake. Ciry of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Goodgame - No Report Council Member Hogan expressed gratitude to Fire Station No. 3 for their quick response time in providing aid to him personally. Council Member Goodgame reported on the City's Veterans Day event to be held at the pier on 8"' Street. In the event of rain, Jenkins Auditorium will be available as an alternate location. Also, he commented on the Mulberry Inn Grand Opening held last Saturday. Council Member Mullins - No Report Council Member Thompson - No Report Mayor Turville - No Report The agenda order was amended to consider introduction of Ordinance 370-C and Ordinance 374-C before the Consent Agenda. Mayor Turville read Ordinance 370-C and Ordinance 374-C aloud by title only. Ordinance 370-C -Introduction An Ordinance of the City Council of the City of Clermont, Florida, amending Subpart B, Land Development Code Chapter 82, "General Provisions", Section 82-12 "Land Use Definitions" and amending Chapter 122 "Zoning", Article III, "Districts", Division 11 "M-1 Industrial District", Section 122-264, "Conditional Uses" creating definitions related to adult entertainment establishments and providing that adult entertainment establishments as defined shall be allowed with a Conditional Use Permit in the M-1 Industrial District providing for severability; providing for conflicts; providing for codification; and providing for an effective date. Ordinance 374-C-Introduction An Ordinance of the City Council of the City of Clermont, Lake County, Florida, to be known as the Clermont Adult Entertainment Code; creating Chapter 95, Adult Entertainment Code; providing legislative findings; creating general requirements for adult entertainment establishments; creating operating requirements for adult entertainment establishments; establishing location and distance requirements for adult entertainment establishments; providing for record-keeping requirements for adult entertainment establishments; providing for criminal penalties and prohibited acts; providing for enforcement; providing for injunctive relief; providing for severability; providing codification; and providing an effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Assistant City Manager Gray reviewed the misunderstandings associated with both ordinances. The City of Clermont has not received any applications. The proposal places rigid restrictions on adult entertainment establishments. Planning Director Hitt provided an overview of both ordinances. Ordinance 370-C is a Lane Development Code (LDC) amendment for Adult Entertainment. In accordance with Federal and State requirements, these uses must be designated as a use in at least one zoning district in county and municipal governments. The ordinance provides for definitions and allows adult entertainment under Chapter 122, M-1 Industrial District. The Planning and Zoning Board recommended approval. Ordinance 374-C is an LDC amendment for the Clermont Adult Entertainment Code. This amends the LDC by adding requirements and regulations to the placement of this type of business. This ordinance contains the regulations needed for these types of uses and creates a new Chapter 95 Adult Entertainment Code and creates general requirements; location sand distance requirements; record keeping requirements; criminal penalties and prohibited acts; enforcement; and injunctive relief. City Attorney Mantzaris and staff have reviewed these requirements and believe they will enable the City to control and regulate these uses in accordance with the law while protecting the citizens. The Planning and Zoning Board recommended approval along with the distance requirements listed in section 95.51(b) be increased from 1,500 feet to 2,500 feet. Staff recommended approval of both Ordinance 370-C and 374-C. City Attorney Mantzaris explained this is a two part approach by the City of Clermont to establish regulations for adult entertainment businesses. Currently, the city code does not have any regulations with regard to adult entertainment businesses. The proposed ordinances give the city the best opportunity to regulate within the confines of the law in the event of receiving an application to open in Clermont. These types of businesses have been provided constitutional protection under the First Amendment therefore; the city is limited in how to address it. City Clerk Ackroyd read a letter aloud submitted by Kathryn Sutherin in regards to an Adult Business District in Clermont Commons. Mayor Turville opened the public hearing. Judy Proli expressed support for approval of the ordinance to protect the community and to increase the distance from 1,500 feet to 2,500 feet. The Senior Pastor of First Baptist Church supported the ordinance. Ms. Terre Reitz, 734 S. Grand Highway, requested an apology from the Planning and Zoning Board Chair regarding an inappropriate comment. She asked if gambling is included. City Attorney Mantzaris stated gambling is not included; it is regulated by the state. Norman Cummins, 1635 E. Hwy. 50, understood legally however expressed opposition. Shannon Dupont, 957 Cumberland Circle, Minneola, opposed the location. Warren Bingham, 1432 Muir Circle, supported the restrictions. Chris Walker, 202 Hatteras Avenue, opposed the location. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Eve Artimovich, 1305 Windy Bluff Drive, Minneola, favored the restrictions but objected to the location. Jim Purvis expressed concern with proposed language as to whether the ordinance would prevail in court if Council approved as written. Mr. Manzo, Clermont resident, inquired about activities within these businesses. David Yeager, 218 Magellan Circle, Minneola, opposed the location. Ms. Krys Dickson, 1875 Settle Street, Clermont, spoke in opposition to the location. Mayor Turville closed the public hearing. Mayor Turville expressed concern with compliance of this law. The city does not have a place that will fit due to the number of churches and day cares and was not in favor of supporting the proposed ordinance. City Attorney Mantzaris addressed questions made during the public comments. He clarified to operate under the Supreme Courts direction, the City has to have an available location for this type of business. Municipalities do not have large areas of undeveloped property. Everything within the City is zoned. M-1 Industrial District is the most intense zoning category which is the reason the proposed ordinance is assigned to this zoning category. In response to additional inquiries, the city cannot ban adult entertainment establishments. Regarding whether the ordinance is defensible, he believes the majority of the ordinance is defensible. Lake County and Minneola have adopted a similar ordinance. Mayor Turville commented the current code requires a conditional use and the City would have the privilege of listing prohibitions and standards. City Attorney Mantzaris explained it would depend on the application. There are three categories associated with adult entertainment businesses: adult book/DVD store, adult theater, and adult performance establishments. In the current code, those three separate types of uses are retail use, a movie theater and a nightclub. It would depend on the application and location to determine if the applicant needed a Conditional Use Permit (CUP). For example, if an establishment operates as a retail use but sales adult material that is considered a retail location and is permitted in certain current zoning categories in the City without a CUP. It may be a permitted use because the code does not address the adult entertainment content of the use. Mayor Turville suggested amending the code to specifically describe those uses since the current code is deficient in that manner. City Attorney Mantzaris replied the City would still have to address the issue of available locations. City Manager Saunders addressed the questions pertaining to Clermont Commons deed restrictions proposed by Mr. Zagame. It took at least 70 percent of the owners to change the documents so if he were to sale out; a new owner could not change it alone. Council Member Mullins inquired about measurement of distance to apre-existing adult entertainment establishment in section 95.5 of Ordinance 374-C to stipulate 1,500 feet apart should the City receive a second request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 City Attorney Mantzaris agreed to add this provision to section 95.51 under sub paragraph b adding number 6 to state 1,500 feet of an existing Adult Entertainment Establishment. Council Member Mullins supported approval of the ordinances. Mayor Turville voiced preference for the CUP process and inquired how staff would handle should a request be made for an adult store. City Manager Saunders noted staff would require a CUP however the code does not address it. We would place in the unclassified use category which could be a problem if the court says it is a retail use regardless of what is sold. The current code does not specifically describe the type of retail. Under the proposed ordinance, an applicant could only request a CUP in M-1. An applicant could not request a CUP under in any other zoning category. Council Member Thompson supported the City having this ordinance in place however expressed concern with the burden this may have on individual property owners. Council Member Goodgame inquired about the consequences of maintaining the same restrictions if challenged in court. City Attorney Mantzaris stated adopting the ordinance would be a positive step toward regulating businesses over what the city has in place now. The law is weak in supporting governments using the CUP process for this type of business. The reason for the change to allow the CUP in M-1 is because Lake County and the City of Minneola have it written in their ordinance. This type of ordinance provides the City with the ability to restrict these businesses. Under the current ordinance, the City is wide open for an interpretation from the court to grant this application due to a wrongful denial. The proposed ordinance would reduce the end locations so the worst case scenario is in the M-1 area only. Council Member Goodgame inquired about changing Clermont Commons Zoning District. City Manager Saunders responded they would have to file an application to change it. Council Member Goodgame spoke in favor of moving forward with the proposed ordinance to protect the City and confine it to one area. Council Member Hogan concurred. Council Member Thompson commented on having case laws as back up to move forward and agreed to approve for protection of the residents. Council Member Goodgame moved to introduce Ordinance 370-C; seconded by Council Member Hogan. The motion passed 4 to 1 with Mavor Turville opposing. Council Member Goodgame moved for introduction of Ordinance 374-C with the correction of addine item 6 to section 95.51 (b) to state 1,500 feet of a preexisting adult entertainment facility: seconded by Council Member Hogan. The motion passed 4 to 1 with Mayor Turville opposing Mayor Turville called for a recess at 8:47pm; the meeting reconvened at8:55pm. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 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 -Plat Approval Request approval of the plat for Clermont Crossing, a commercial development located east of Hwy 27 and south of Steve's Road Item No. 2 -Open Air Sales & Tent Permit First United Methodist Church Item No. 3 -Contract Approval Utilities Department Item No. 4 -Contract Approval Utilities Department Item No. 5 -Contract Approval Utilities Department Item No. 6 -Contract Approval Utilities Department Item No. 7 -Contract Renewal Utilities Department Item No. 8 -Scope of Services Utilities Department Request for an Open Air Sales & Tent Permit to sell Christmas Trees on church property located on the NW corner of Hwy 50 and 7"' Street beginning November 25"' through December 13~' Request authorization to piggyback the City of Delray Beach's Sanitary Structure Rehabilitation contract with Chaz Equipment to rehabilitate sanitary sewer life stations and manholes Request authorization to piggyback Collier County's Sanitary Sewer Rehabilitation contract with Reynolds Inliner for the repair and rehabilitation of selected linear feet of Sanitary Sewer main Request authorization to piggyback Volusia County's Ring Power Corporation Equipment Rental Contract for rental equipment for the Public Services, Engineering and Utilities projects Request authorization to piggyback the Orlando Utilities Commission, Jacksonville Electric Authority, Gainesville Regional Utilities and City of Winter Park's contract with HD Supply Waterworks for the purchase of supplies for construction and utility maintenance projects Request authorization to extend the Sewer Main Cleaning & Camera Contract with Reynolds Inliner Request approval of Scope of Services for Tetra Tech Engineering in the amount of $38,250.00 for the East Elevated Storage Tank Maintenance 6 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Council Member Goodgame moved the consent agenda be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting_"aXe". UNFINISHED BUSINESS Ordinance 372-C -Final Hearing Mayor Turville read Ordinance 372-C aloud by title only. An ordinance of the City of Clermont, Florida Chapter 50 "Solid Waste", Article I "In General" Section 50-2 "Garbage Containers" providing for the time for placement at the curb and removal of garbage containers; providing for severability, conflict, codification and an effective date. City Manager Saunders reviewed the proposed changes. Mayor Turville opened the public hearing. Jim Purvis expressed support for the ordinance. Mayor Turville closed the public hearing. Council Member Goodgame recommended this ordinance be drafted due to people leaving their garbage containers by the curbside all day and night. Council Member Goodgame moved for approval of Ordinance 372-C; seconded by Council Member Hogan. Under discussion, Mayor Turville expressed concern with the proposed times. Council Member Thompson agreed and suggested extending the time frame to 24 hours prior to and 24 hours after collection. Mayor Turville concurred with the suggestion. City Attorney Mantzaris proposed amending the language to Gam on the day prior to scheduled collection and Gam the day after actual collection. City Manager Saunders reviewed the proposed changes to section 1 (e) -Placement and removal of Residential Solid Waste Containers and Recycling Containers. Solid waste and recycling containers in residential areas shall be placed at the curbside collection point no earlier than 6:OOam of the day prior to scheduled collection and shall be removed no later than 6:OOam of the day after the actual collection. Council Member Goodgame moved for adoption of Ordinance 372-C as amended by Mr. Saunders; seconded by Council Member Thompson. The motion passed 4 to 1 on a roll call vote with Council Member Mullins opposing_ City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Ordinance 628-M -Final Hearing Mayor Turville read Ordinance 628-M aloud by title only. An ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to TVM, 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. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for adoption of Ordinance 628-M; seconded by Council Member Hoban. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS John Moore/Mike Bucher, Chamber of Commerce -Support for a general aviation airport Council Member Thompson presented as the City Council liaison to the Chamber. The Chamber has written a letter of support to have a regional airport in the south east Lake County area. Federal Funds have been designated for this area. There is a group in the northwest corner of Orange County trying to pull funds away from our region. The West Orange Airport Authority has requested support from local cities in support of keeping the dollars here and to look at our area as a potential location. Mayor Turville supported the request. Council Member Thompson noted they have not chosen a location. City Manager Saunders commented the next step is to do a study to determine an appropriate location. Council Member Good~ame moved that the city forward a letter to the Chamber of Commerce Economic Development Committee stating the City of Clermont supports their efforts in locating an area for the General Aviation Airport in the West Orange or South Lake County area and it will be written to the West Orange Airport Authority; seconded by Council Member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Resolution 1638 -Refinance City Water and Sewer Bonds A Resolution of the City Council of the City of Clermont, Florida amending and restating in its entirety Resolution No. 1542 adopted on August 28, 2007; amending and supplementing Resolution No. 1162 adopted by the City Council of the City of Clermont, Florida, on October 24, 2000, for the purpose of authorizing the issuance by the City of not exceeding $17, 500,000 principal amount of Water and Sewer Revenue Refunding Bonds, Series 2009, for the purposes of (I) refunding the City's outstanding Water and Sewer and Refunding Bonds, Series 2000 (the "refunded obligations"), (II) funding a Debt Service Reserve Account with respect to the Series 2009 bonds and (III) paying the costs of issuing the Series 2009 bonds; pledging to secure payment of the principal of and interest on the Series 2009 bonds the pledged funds described in Resolution No. 1162; establishing or providing for the establishment of the dated date, interest rates, interest payment dates, provisions for redemption and maturity schedules of said Series 2009 bonds; delegating certain authority to the Administrative Services Director to award said Series 2009 bonds pursuant to a public bid, provided the bids submitted satisfy certain parameters set forth herein; approving the form of a preliminary official statement and authorizing the execution of a final official statement with respect to the Series 2009 bonds; approving the form of an Official Notice of Sale, Summary Notice of Sale and Bid Form with respect to said Series 2009 bonds; appointing the Registrar and Paying Agent for the Series 2009 bonds and approving the form and authorizing the execution of a Registrar and Paying Agency Agreement; approving the form and authorizing the execution of a continuing disclosure certificate; authorizing execution of one or more agreements with a bond insurer to issue a bond insurance policy to secure the payment of the Series 2009 bonds and to issue a reserve account insurance policy with respect to the Series 2009 bonds; appointing an escrow holder and approving the form an authorizing the execution of an escrow deposit agreement providing for the payment of the refunded obligations; amending Section 4.5(D) of Resolution No. 1162 to provide for separate accounts in the Debt Service Reserve Fund to secure separate series of bonds; making certain covenants and agreements for the benefit of the holders of the Series 2009 bonds; and providing an effective date. Administrative Services Director Van Zile reported this Resolution is to refinance the City's 2000 Water and Sewer Bond Issue. The interest rate will not be determined until the bonds are sold. The S & P rated this as a Double A. It is based on high debt service coverage and the strong cash reserves for the Utility Fund. Therefore, the rating will help with a low interest rate. Staff recommended Council adopt Resolution 1638. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval of Resolution 1638; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Ordinance 629-M-Introduction Mayor Turville read Ordinance 629-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present City boundaries; providing for an effective date, providing for severability; providing for recording; and providing for publication. Council Member Mullins moved for introduction of Ordinance 629-M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". City Manager Saunders noted there would be a location map at the final hearing. Ordinance 630-M-Introduction Mayor Turville read Ordinance 630-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 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 a severability clause; and providing an effective date. Council Member Mullins moved for introduction of Ordinance 630-M; seconded by Council Member Goodgame. The motion passed with all members present voting aye". Ordinance 626-M-Introduction Mayor Turville read Ordinance 626-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 text changes to the goals, objectives and policies of the Capital Improvements Element 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. Council Member Mullins moved for introduction of Ordinance 626-M; seconded by Council Member Goodgame. The motion passed with all members present voting"aye". 10 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVMEBER 10, 2009 Ordinance 373-C -Introduction Mayor Turville read Ordinance 373-C 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 98 Parking and Vehicular Use areas, Section 98-14 Table of Minimum Parking Space Requirements; Chapter 122 Zoning, Article III Districts, Division I Generally, Section 122-63 Districts Enumerated; Division 8 O-1 Office District, Section 122-190 Intent, Section 122-191 Site Plan Review, Section 122- 192 Permitted Uses, Section 122-193 Conditional Uses, Section 122-194 Lot and Height Requirements, Section 122-195 Yards; Division 9 C-1 Light Commercial District; Division 10 C-2 General Commercial District; Division 11 CBD Central Business District, Section 122-247 Off-Street Parking; Division 12 M-1 Industrial District; Division 13 PR Parks & Recreation District; providing for severability; providing for an effective date, and providing for publication. Council Member Mullins moved for introduction of Ordinance 373-C; seconded by Council Member Goodgame. The motion passed with all members present voting "ate Council Appointment -Code Enforcement Board Council Member Mullins moved to reappoint Tim Murry; seconded by Council Member Thompson The motion passed with all members present votin~ye". In regards to the Chamber request, Jim Purvis inquired about the areas being considered for the airport. Council Member Thompson noted the study is to determine a potential area. Mr. Purvis commented the community has voiced concern. Mayor Turville stated at this point, their goal is to hold on to study funds. ADJOURN: With no further comments, this meeting was adjourned at 9:34pm. APPROVED: r urvi le, Mayor ATTEST: ~J i~~.~~Q,..~ ~ Tracy Ackroyd, City Clerk 11