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10-23-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 23, 2012 The Clermont City Council met in a regular meeting on Tuesday, October 23, 2012 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7 00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and VanWagner. Other City officials present were City Manager Gray, City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. Mayor Turville introduced new City Manager Gray City Manager Gray stated he is excited to be back with the City and has been meeting with Department Directors.He looks forward to working with the City Council, staff and residents. PRESENTATION Mayor Turville recognized Council Member Hogan for his years`of service as a Council Member from 2006 to 2012. Council Member Goodgame stated he will miss Council Member Hogan. Council Member Mullins commended Council Member Hogan for his service to the City of Clermont. Council Member Van Wagner thanked Council Member Hogan for all he has done for the community. MINUTES Minutes of September 20, 2012 Final Budget Public Hearing Minutes of September 25, 2012 Council Meeting Council Member Goodgame moved to approve the minutes of the September 20, 2012 budget public heanng: seconded by Council Member Mullins The motion passed with all members present voting aye. Council Member Goodgame moved that minutes of September 25, 2012 be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. PROCLAMATIONS Mayor Turville read the proclamation aloud declaring November as Pancreatic Cancer Awareness Month. Mayor Turville read the proclamation aloud declanng November as National Amencan Indian Hentage Month and presented it to Mary Page. PUBLIC COMMENTS Wally Herda expressed concern with heavy equipment using Highland Avenue and other newly paved streets 1 City of Clermont MINUTE REGULAR COUNC MEETING October 23, 2012 Fred Sommer with Sommer Sports thanked the city and staff members Recreation Manager Dave Teske and the Police Department for support of his events during the year Mich Blackburn thanked Council for approving the vanance request she applied for and noted the finished product is exactly as presented to the Council Also, she thanked Council for support of the Historical Village. Ann Dupee, 389 Division Street, welcomed City Manager Gray and invited everyone to attend the Harley's Owners Group (HOG) Rally on October 31 in downtown Clermont The event is sponsored by the Downtown Partnership Charlene Forth, 939 W. Desoto Street, welcomed City Manager Gray and thanked Council Member Hogan for his service as a Council Member REPORTS City Manager Gray scheduled a Community Redevelopment Agency (CRA) meeting on November 13 at 6.45pm pnor to the Council meeting. The next Council workshop has been scheduled for Wednesday, November 14 at 6:00pm Furthermore, City Manager Gray suggested the Council allow him three to four months to review the budget and return to Council with recommendations at a workshop City Attorney Mantzans—No Report Council Member Hogan thanked the citizens for the 6 years he has served as a Council Member. Council Member Goodgame reported on the progress of the Histonc Village. The Histoncal Society received another grant from the Lake County Tourism Economic Development Council to help construct the school museum They will be hosting a 5K run/walk on Saturday, November 17 and will serve breakfast at the Histonc Village. He requested City Manager Gray look into the employee compensation total package and report back at the second meeting in November with compansons from other cities such as Mount Dora, Leesburg and Winter Garden and present a recommendation. Also, Council Member Goodgame requested City Manager Gray prepare a red light camera ordinance for Council consideration. Council Member Mullins read a press release received from Lake EMS announcing the Communications Center has earned accreditation as an Emergency Fire Dispatch Center of Excellence They are the 23`' center to receive accreditation for fire dispatch and one of only 15 for accreditation for fire and police in the United States. Furthermore,he reported on the events m downtown Clermont taking place next week. Council Member Van Wagner welcomed City Manager Gray and noted he has enjoyed serving with Council Member Hogan. Council Member Van Wagner questioned the status of the roadway traffic improvement near Summit Greens that was scheduled to be on the County Commission agenda. City Manager Gray noted Lake County tabled this item and has asked if the city would assist in fundmg the traffic light at that intersection.City Manager Gray will follow up with Council on this request. Mayor Turville asked City Manager Gray and City Attorney Mantzaris to research pawn shops to determine if it would be necessary to require a Conditional Use Permit. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23, 2012 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—Reappointment Request to be reappointed to the Planning and Cuqui Whitehead Zoning Board. Item No. 2—Approval Request Request to piggyback the City of Orlando Purchasing Division contract with TAW Orlando Service Center, Inc to provide electric motor and pump repair services. Item No. 3—Approval Request Request approval to designate Xylem Water Purchasing Division Solutions USA, Inc. as a sole source for Flygt pumps, parts and repair and waive formal bid procedures and award Xylem Water Solutions USA, Inc. a term contract for purchase of Flygt pumps,parts and repairs. Item No. 4—Plat Approval Request approval of recording of plat for Oak Oak Hill Commons Unit I Hill Commons Umt I Mayor Turville noted staff pulled Item No. 1 from the consent agenda to bring back to Council Mayor Turville pulled Item No. 3 for discussion. Council Member Goodgame moved to approve items 2 and 4 of the consent agenda as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 3 — Mayor Turville expressed concern with sole source consideration. Purchasing Manager Suarez stated Xylem Water Solution USA is the sole provider to repair pumps. The pumps are only repaired by the manufacturer; if someone else repairs those pumps, it voids the warranty. Mayor Turville questioned if staff was aware of this requirement when the pumps were purchased. City Manager Gray suggested tabling this item to the next meeting. Council Member Goodgame moved to table item 3 to the next meeting; seconded by Council Member Mullins.The motion passed with all members present voting aye. PRESENTATION Item No. S—South Lake Water Initiative City Manager Gray explained this is a group established by County Commissioner Parks to involve all south Lake County municipalities in water issues along with the St. Johns River Water Management Distnct. He requested City Engineer Richardson share with Council the information that will be presented on November 13 to the St.Johns River Water Management Distnct. 3 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2012 City Engineer Richardson presented information on the South Lake Regional Water Initiative project. She reviewed the synopsis over the last 14 months, the proposals and future interconnects and the benefits of the project as well as the request for grant assistance to the South Lake Sub-Regional Reuse projects and to facilitate the provision of Conserve II reclaimed water UNFINISHED BUSINESS The next three items were presented together and voted on separately. Item No. 6-Ordinance No. 2012-09M Final Hearing Mayor Turville read Ordinance 2012-09M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties descnbed herein as shown below,providing for severability, effective date,and publication. NEW BUSINESS Item No. 7—Resolution No. 2012-34 Mayor Turville read Resolution 2012-34 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 an Assisted Living and Memory Care Facility Item No. 8— Variances Request Planning and Zoning Director Hitt presented the request The applicant is Living Well Lodge Clermont Properties, LLC and the owner is Dewitt Enterpnses, Inc. The applicant requested to rezone three parcels from UE Urban Estate Low Density Residential Distnct to C-2 General Commercial Distnct, in order to permit the processing for an assisted living facility on one portion and prepare the remaining two sites for potential sale and development. Staff noted it is appropnate to rezone all of the properties and reviewed the reasons. A Conditional Use Permit and variance request for Living Well Lodge portion is also being requested. The remainder of the site will also be developed in accordance with the C-2 requirements and the Land Development Code This site is located off Hooks Street and is consistent with the land uses in the area. Access to the site will be from Hooks Street and Citrus Tower Boulevard. A Transportation Impact Analysis will have to be completed and approved in accordance with the City's Land Development Code as part of any site plan approval process. Staff recommended approval of the rezoning request for the three parcels. The applicant proposed 80 units in the five story portion of the building for assisted living and 48 units for the memory care facility in the one story building for a total of 128 units. There is no retail proposed for the site however services and shops will be available on site for the specific use of the residents and related visitors. Planning and Zoning Director Hitt presented the overall site plan and an artist's rending of the project. Staff recommended approval of the Conditional Use Permit. He reviewed additional language to be included as part of the approval of the Resolution to read: 4 , City of Clermont MINUTES REGULAR COUNCIL MEETING October 23, 2012 The project shall provide a 10 foot utility easement dedicated to the City of Clermont along the full length of the northern property boundary, adjacent to Hooks Street right of way The vanances requested are to allow for a maximum building height of 69 feet rather than 55 feet and to allow for a retaining wall height of 8 feet rather than a maximum of 6 feet. Staff recommended denial of the first variance and approval of the second request. Jimmy Crawford, Esq. was present on behalf of the applicant. He addressed the variances requesting approval. Chris Young, Chief Operating Officer for Living Well Lodges, commented Crane's View Lodge is a senior living facility that will create more than 300 direct and indirect jobs in the community. It is being built to draw in local residents. Tom Hoffmeister, one of the owners of Living Well Lodges, presented the conceptual design of the exterior and intenor of the project Mayor Turville opened the public hearing Wally Herda liked the concept and questioned whether the Fire Department could handle the height of the building in the event of an emergency Casey Kesselrmg, Chairman of South Lake Chamber of Commerce, likes the concept and requested Council approval. Cuqui Whitehead, 837 5th Street,recommended approval. Mayor Turville closed the public hearing. Council Member Goodgame disclosed that he had a discussion with Mr. Hoffmeister and was invited to the Grand Opening of the facility they built in Tavares to show him the building. Council Member Goodgame stated he was impressed with the construction of the structure City Manager Gray stated the Fire Department does have the equipment to meet the height. Mayor Turville expressed concern with having an operating elevator in the event of an emergency. He suggested a condition to allow continuous operation of at least one of the three elevators due to a power shortage and for the facility to be built as presented in the renderings. Mr. Hoffmeister noted this is a hurricane enhanced structure. There is a generator system designed to keep people on site dunng a storm situation and has extra storage for food and water. Furthermore, he supported the conditions suggested by Mayor Turville. Council Member Van Wagner expressed support for the project. Council Member Mullins moved for the adoption of Ordinance 2012-09M: seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23, 2012 Council Member Mullins moved for the adoption of Resolution 2012-34 as amended by staff m section 11 and the amendments as proposed by the Mayor to look like the drawings and covenng the elevator; seconded by Council Member Goodgame The motion passed with all members present voting aye. Council Member Mullins moved to grant the vanances as requested: seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 9—Resolution No. 2012-35 Jairam Funeral Services Mayor Turville read Resolution 2012-35 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 a funeral facility in the M-1 Industnal Zoning Distnct. Principal Planner Henschel presented the request The funeral home will provide services such as bunal and cremation arrangements and shipping services. There will also be a small chapel area for visitations and viewings. The applicant is not requestmg to perform actual cremations on site or store any human remains on the premise. All refrigeration and storage will be preformed off site. This development is consistent with other uses m the area. Staff recommended approval for the Conditional Use Permit for a funeral home at 260 Mohawk Road. The Planning and Zoning Board moved to approve and added condition number 10 to section 1 in regards to parking. Applicant Dexter Jairam was present requesting approval from the City Council. Mayor Turville opened the public heanng. Aaron Blake, 1556 Pier Street, works for the owner and stated this business fits m well with the surrounding area. Mayor Turville closed the public heanng Council Member Goodgame questioned the government approvals of the facility. Mr Jairam stated there is a review of the premises and an inspection to make sure it meets requirements Mayor Turville expressed concern with the location and the impact of business space nearby Mr. Jairam explained protocol when transporting human remains and noted they would only use the back entrance to be discreet. Council Member Goodgame moved to approve Resolution 2012-35; seconded by Council Member Mullins.The motion passed 4 to 1 with Mayor Turville opposing. Mayor Turville recessed the meeting at 8:52pm, the meeting reconvened at 9:04pm. Item No. 10—Resolution No. 2012-36 Clermont Car Wash Mayor Turville read Resolution 2012-36 aloud by title only 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2012 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a Car Wash Facility in the C-1 Light Commercial Zoning District. Pnncipal Planner Henschel presented the request for a car wash facility. The applicant proposed to construct a new car wash and oil change facility adjacent to the Race Trac convenience store on Highway 27 and Citrus Tower Blvd. Automotive services are designated as requinng a Conditional Use Permit within the C-1 Zoning District. The facility will offer an automated wash tunnel, vacuum stations, detail bays, and oil change bays. Approximately 5 to 7 employees will staff the car wash throughout the day and have a total of 12 employees. He reviewed the rendenngs of the project. Staff recommended approval. Jimmy Crawford, Esq., was present on behalf of the applicant. Mayor Turville opened the public hearing There were no comments Mayor Turville closed the public hearing. Mayor Turville questioned an open wash tunnel. Rick McCoy,Project Engineer, stated it is not enclosed to view the cars as they go through the car wash. Council Member Goodgame expressed opposition to the open car wash design. Roger Tanna,Applicant, explained the concept and noted it will be a modern car wash. Mr. Crawford stated the Council is only approving the car wash use at this meeting, not the design City Attorney Mantzans noted the site review will be done by staff unless there a variance request to return to Council. The Council discussed water usage for this business. Council Member Mullins stated the design does not fit with the architectural style m Clermont. Council Member Van Wagner asked if there is a code related to water usage for this type of use. City Attorney Mantzans stated it is a business that will be drawing from the city's water system. We have water conservation issues for all end users but not specifically designed to address this business or any business. Mr. Crawford remarked the open design of the car wash is not a requirement for this project; the applicant would not be opposed to a second wall to make it a fully enclosed tunnel. Council Member Goodgame suggested tabling this item and return with water usage and an alternate design Council Member Goodgame moved to table Resolution 2012-36 to November 13; seconded by Council Member Mullins. The motion passed with all members present voting aye. 7 I City of Clermont MINUTES REGULAR COUNCIL MEETING October 23, 2012 Item No. 11—Resolution No. 2012-37 Casa Marie Bilingual Montessori School Mayor Turville read Resolution 2012-37 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow a School Facility in the C-1 Light Commercial Zomng Distnct. Planning and Zomng Director Hitt presented the Conditional Use Permit request to allow a school facility within the C-1 Light Commercial Zomng Distnct. School facilities are designated as requiring a Conditional Use Permit for schools within the C-1 Zoning District. The applicant proposed to operate a Montessori School at 161 West Highway 50 The 3,150 square foot building was the Sunday school and office for the church building adjacent to Highway 50. The church building has been converted to a restaurant and the subject building has been previously converted into offices and a florist shop The school will operate with two classes with up to 20 students each for a total of 40 students. Students will range from 18 months to 6 years of age. Five employees will operate the school Monday through Friday 7 00 a.m. to 6:00 p.m. Staff recommended approval. Ramon Torres,Applicant, requested approval for a school to offer care for working parents. Mayor Turville opened the public hearing There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned the prevention of cars using the Presbyterian Church parking lot Mr. Torres stated he will ensure the line keeps moving and suggested including language in the school policy that the cars are not allowed to use the church parking lot Mayor Turville suggested allowing the applicant additional time to speak with the church. Council Member Goodgame moved to table Resolution 2012-37 to November 27; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Van Wagner requested staff convey the concerns of the Council to the church. Item No. 12— Variances Request Robert Williams Principal Planner Henschel presented the request. The variances requested are to allow for two single family lots in the R-1 Residential District to be less than 7,500 square feet as required by code and to allow for two lots to be less than 75 feet in width at the building setback line as required by code. It will meet setbacks, front and back and sides for all three proposed lots. Staff recommended denial. Robert Williams, Applicant, was present to request approval. He would like to split the lot and build another Spanish style home to keep with the historical theme of the neighborhood. When these lots were plotted out,a house was not placed on this property. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2012 Mayor Turville opened the public heanng. John Paradiso, 1303 Sixth Street,disagrees with it being a rental property Mayor Turville closed the public heanng. Mayor Turville stated he did not have an issue with the request Council Member Goodgame expressed concern with the possibility of cars parking on Sixth Street He would like to have a driveway on the side of the house to prevent cars from parking close to the sidewalk. Council Member Mullins liked the concept and would like a condition to match the size and style of the other homes in the neighborhood. Mayor Turville suggested qualifying the vanance with a maximum of 1,200 square feet. Mr Williams noted that is intent. Council Member Van Wagner supported the request. Council Member Mullins moved to grant the variances with a maximum square footage of 1,200 on the house and match the architectural style of the block and a driveway to keep the cars off the front setback; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 13— Variance Request Clermont RRH Pnncipal Planner Henschel presented the vanance request to allow for a six foot high fence to be located in the street side front setback to enclose the area for security and pnvacy reasons Other fences have been perimtted within this area to be 6 feet in height within the 25 foot setback with none reported to cause a visual or public safety problem If approved, staff recommended a condition requiring the owner to relocate the fence if a visual barrier to vehicular or pedestnan traffic is created. Staff recommended denial of the vanance request. Donna Holland,Applicant, Site Manager for Sunny Hill Apartments was present and requested approval. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Council Member Mullins requested the applicant make it more attractive. Ms. Holland stated she has a plan for landscaping to improve the property. Council Member Van Wagner moved to approve; seconded by Council Member Goodgame The motion passed with all members present voting aye. 9 . ,_ _ _ City of Clermont MINUTES REGULAR COUNCIL MEETING October 23, 2012 Item No. 14—Lien Forgiveness Request 662 East Desoto Street Planning and Zoning Director Hitt presented the request for a lien forgiveness or reduction for a vacant lot The property is owned by the Church of Our Lord Jesus Chnst. The Code Enforcement Board heard the case on September 15, 2009 for weeds and refuse. The respondent failed to correct the violation on or before September 30, 2009 and a fine of$150.00 per day began to accrue. Re-inspections were performed on October 5, 2009 and April 28, 2010 with no compliance. On May 18, 2010, the Code Enforcement Board ordered the fines to be recorded as a lien and would contmue to accrue in the amount of$150.00 per day until full compliance is met. At the request of Pastor Forehand,another re-inspection was done on September 20, 2011 and compliance had still not been met. Another re-inspection was completed in July 2012 and the property was found to be m full compliance. The fine accrued from October 1, 2009 to July 6, 2012 at $150.00 per day for a total of 1,010 days for a lien amount of $151,500. Pastor Forehand requested forgiveness of the lien City staff mspected the property on September 21, 2012 and it remains in compliance. Staff recommended$1,500 be paid and forgiveness of$150,000 due to the amount of staff time expended on the case. Pastor Daryl Forehand was present requesting approval of the lien forgiveness. Mayor Turville opened the public heanng.There were no comments. Mayor Turville closed the public heanng Council Member Van Wagner questioned whether staff clearly communicated to the church. Council Member Goodgame suggested a procedure to take a photograph of what is out of compliance and to improve communication between staff and the owner. Mayor Turville supported the request to forgive the lien. Council Member Goodgame moved to forgive the hen; seconded by Council Member Van Wagner. Under discussion, Council Member Mullins agreed with better communication and to include a letter noting the property is not in compliance and schedule an appointment at the property with the Code Enforcement officer.He expressed concern that this lien began in September 2009 with multiple requests. City Attorney Mantzaris explained the process that occurred and noted staff has been diligent m communicating with Pastor Forehand. Staff will make sure the entire file is included in the future. The motion passed 4 to 1 with Council Member Mullins opposing. ADJOURN: With no further comments,this meeting was adjourned at 10:21 pm. APPROVE • 4111111111111111,--All. -- 4 Harold S Turville,Mayor ATTEST: � � _,% Tracy Ac oyd,City Cler 10