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02-24-2009 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24,2009 The Clermont City Council met in a regular meeting on Tuesday, February 24, 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 Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of February 10, 2009 Council Member Goodgame moved for approval of the minutes of February 10, 2009 as written; seconded by Council Member Mullins. The motion passed with all members present voting"aye". PUBLIC COMMENTS Cuqui Whitehead, 837 5'h Street, commented on meeting Gerald Gowins, Manager of J.C. Penney. This Saturday will be the soft opening of the new store and the official Grand Opening will be on March 6. Jim Purvis,4206 Hammersmith Drive,thanked staff for the fence at Center Lake. Mr. Clark, representing the South Lake Chamber, requested Montrose Street, from 7`h Street to City Hall, to be closed on March 12 for a business after hour's event from 5:00pm to 7 OOpm. Council Member Hogan moved to approve; seconded by Council Member Mullins. The motion passed with all members present voting"aye". REPORTS City Manager Saunders scheduled a workshop to be held on Monday, March 2nd at 6:00pm. City Attorney Mantzaris—No Report Council Member Hogan—No Report Council Member Goodgame requested discussion of red light cameras at the next workshop. Also, the Historical Cooper Memorial Library will be moved this Saturday to the Historic Village. Council Member Mullins—No Report Council Member Thompson -No Report Mayor Turville reported that Clermont will have a professional Women's Tackle Football team named Orlando Mayhem. Home games will be played at East Ridge High School. The first game will be April 11 and the next home game will be April 25 He encouraged the public to attend the games. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 2009 Assistant City Manager Gray noted the 125 year celebration committee will be meeting at 6:00pm on Thursday, February 26 in the Council Chambers. They will begin to breakout into subcommittees and plan the events. 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 National Training Center request a Partnership Usage Rate and use of City's facilities based on availability beginning February through December 2009 Item No.2 -Event Request National Society Daughters of the American Revolution Request use of Veterans Park for the Memorial Day Observance on May 25, 2009 Item No.3-Change Order No.2 Utilities Department request approval of Change Order No. 2 for the Lift Station Telemetry Project to Santis Engineering in the amount of $7,961.63 Item No.4-Inland Groves,Phase II Request approval of an addendum to the Inland Groves Phase II Grant contract Item No.5-Inland Groves,Phase II Request approval of a contract between the City and Forest Environmental Solutions,LLC for the Prescribed Burn Plan for the Inland Groves Project Council Member Goodgame commented on item 1 of the consent agenda. The new Lake Sumter Softball complex is the most beautiful complex in the area. This facility coupled with Hancock Park provides a venue to attract tournaments to Clermont. Dr. Dot Richardson has a list of teams coming to Clermont and thanked her for bringing these tournaments to our City. - City Manager Saunders pulled item 5 from the consent agenda. Council Member Goodgame moved for approval of item 1 —4 from the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting"aye". UNFINISHED BUSINESS The next three items will be heard concurrently and voted on separately as they are related. Ordinance 606-M Final Hearing Mayor Turville read Ordinance 606-M aloud by title only. 2 • City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24,2009 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. Ordinance 607-M Final Hearing Mayor Turville read Ordinance 607-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, 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 described herein as shown below, providing for severability, providing for an effective date and providing for publication. Resolution 1601 —Max's House Mayor Turville read Resolution 1601 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 an At Risk Youth Counseling Center in the R-3 Residential/Professional Zoning District(Proposed Central Business District). Barbara Hollerand, Planner, reported on the comprehensive plan amendment and the rezoning. The subject property at 756 West DeSoto Street is on the northwest corner of West Avenue and DeSoto Street just south of the Mulberry Inn. The owner/applicant is P.A.L. Holdings, LLC, with Ms. Loretta Lacek as its manager. The former residence on the property was built in 1920. The initial request is for a small-scale comprehensive plan amendment to change the Future Land Use from Non-Established Distnct 6(NED-6) Residential to Established Business District 1 (EBD-1) Central Business District. The rezoning request from R-3 Residential/Professional to Central Business District is contingent upon the approval of the future land use change. Additionally, a counseling center use requires a conditional use permit regardless of whether it has R-3 or Central Business District zoning. Currently, there is EBD-1 Central Business District future land use to the north at the Mulberry Inn,and to its east at the Lake County Sheriff's Office substation. To the property's south is a church in the NED-6 Residential future land use district, and to its west is Magic Moments daycare,also in NED-6 Residential. This West Avenue corridor has been in transition for several years. A small-scale comprehensive plan amendment for property on the southwest corner of West Avenue and Juniata Street was approved in 2001. An adjacent property, 854 West Avenue,was granted a small-scale comprehensive plan amendment approval in 2006. These two properties were granted the change from NED-6 Residential to EBD-1 Central Business District. In 2007,the Bees Auto property on the northeast corner of Montrose Street and West Avenue was granted a text change in EBD-1 to allow automotive and truck repair service at that location. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24,2009 Expansion of the EBD-1 district and Central Business District zoning to properties along West Avenue is appropriate, provided that site design adequately addresses the protection of residential neighborhoods. Staff did receive two citizen letters from the owners of Magic Moments daycare on Desoto Street and from the property owner at 830 West Avenue. The Planning & Zoning Commission on Dec. 2 voted 4-2 to recommend for approval on the small-scale amendment request. The vote to recommend for approval for the rezoning failed with a tie 3-3 vote. Staff recommended approval of the Future Land Use Map change and approval of the request for rezoning. Curt Henschel, Planner, presented the Conditional Use Permit. Staff believes this area could support this type of use and does not have any objections to allow an "at risk" counseling center in either the R-3 or CBD zoned parcel. Ms. Van Hook, Attorney, was present representing the applicant. At the last meeting, the City Council tabled this request to give the applicant time to address their concerns. As a result, the applicant has slightly changed the focus of the center. She distributed revised documents which include resumes of the board members and staff. Max's house has applied for 501C3 status. The first requested change is to the CUP application for a Youth Resource Center to section 1 paragraph 10 and section 2 of the proposed Resolution. The focus is more mentoring than counseling. The hours of operation have changed to Monday through Friday 6:00am — 8:00pm and Saturday 9.00am — 9:00pm. There are plans to offer a variety of activities and will have a computer lab. Ms. Van Hook clarified this will not be a hang-out for teenagers. Security monitors and panic buttons are planned to be installed to be used to trigger assistance from police or the hospital in the event of an emergency. Additionally, before volunteers are staffed, they are required to attend a seminar provided by the Sheriff's office that teaches them to resolve arguments or disruptive behavior. The school board may provide a school bus stop at the location. All participants must fill out a registration form; attend an orientation and a one on one interview. Staff will institute an identity program that must be visibly worn while in Max's House. This will aid in identifying who is registered. In respect to funding, the applicant intends to obtain funding and accept donations as well as fundraising activities. They are willing to work with the City of Clermont. She requested the Council vote on the CUP application first. Ms. Mary Minich, Program Specialist, was present. She outlined the benefits of having this type of resource available to teens in this community. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, questioned the proposal and requested the City Council not approve this request tonight without a complete review. Charlene Forth,939 W. Desoto Street,spoke in support of this request. Ms. Mary Minich clarified this is not an at risk center.This is a center to help children. Ms. Van Hook, Attorney, addressed comments and clarified her presentation was prepared to answer concerns from the January Council meeting. The applicant will not be providing mental health counseling but will refer participants to centers that provide that.They will have licensed mental health counselors as staff members. She noted the site plan does not have basketball courts.Also, every school in Lake County has a panic button and identification is enforced as soon as they walk in. The house is only 2,000 square feet as it will be easy to enforce. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 2009 Mayor Turville closed the public hearing. Council Member Mullins questioned whether faith based centers differ from other centers. Ms. Minich noted this center is not faith based. Council Member Thompson commended their efforts. Council Member Goodgame inquired about spacing. Loretta Lacek clarified there are 5 rooms and 1 room is an office.There will be no cooking; the lunch room has a microwave and sink. City Manager Saunders stated the Fire Department officials will ensure the applicant meets all code requirements. Council Member Goodgame asked about the number of personnel on site at one time. Ms. Lacek confirmed there would be at least 2 on site with one being a volunteer. Ms. Minich explained the resumes included in the handouts are volunteers. Once approved, there will be at least 1 paid staff member at all times with volunteers.The goal is to have one paid staff member and one volunteer at all times. Council Member Hogan voiced no objection to this request. City Attorney Mantzaris noted the applicant has referenced changes in the resolution. Council Member Mullins moved for adoption of Resolution 1601 making changes in the text to make it a Youth Resource Center wherever that may appear appropriately and making it condition upon the passage of Ordinance 606-M and 607-M; seconded by Council Member Hogan. City Manager Saunders noted the hours discussed should be included as number 11. Council Member Mullins agreed to the motion change to include the hours of operation Monday through Friday 6:00am— 8:00pm and Saturday 9:00am— 9:00pm; seconded by Council Member Hogan.The motion passed with all members present voting"aye". Council Member Mullins moved to adopt Ordinance 606-M; seconded by Council Member Hogan. The motion passed 5 to 0 on a roll call vote with all members present voting"aye". Council Member Mullins moved to adopt Ordinance 607-M; seconded by Council Member Hogan. The motion passed 5 to 0 on a roll call vote with all members present voting"aye". Ordinance 364-C Final Hearing Mayor Turville read Ordinance 364-C aloud by title only. An Ordinance of the City of Clermont, Florida,pertaining to Public School Concurrency, amending the Land Development Code, adding language to section 90-30 Concurrency Test Requirements, adding section 90-31 School Concurrency, providing for conflicts; providing for severability;codification; and providing for an effective date. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 2009 Jim Hitt, Planning Director, reported the City Council had previously approved a Comprehensive Plan amendment establishing our first Public Schools Facility Element.The Department of Community Affairs (DCA) issued its Notice of Compliance on January 6, 2009. This Ordinance for implementation is in compliance with the goals, objectives and policies within this new element. It also, effectively completes the school concurrency process needed by Clermont in accordance with State Statutes, other than annual updates to the Capital Improvements Element. The newly created Land Development Code sections are section 90-30—Concurrency test requirements and section 90-31—School concurrency. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve Ordinance 364-C; seconded by Council Member Mullins.The motion passed 5 to 0 on a roll call vote. Ordinance 615-M Final Hearing Mayor Turville read Ordinance 615-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Flonda, adopted pursuant to section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the County-wide Municipal Service Taxing Unit for the provision of Ambulance and Emergency Medical Services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said M.S.T.U. for a specified term of years; providing for severability,providing for an effective date and providing for publication. City Manager Saunders stated this is the funding mechanism for emergency services. This is a county- wide fee with all cities involved as well as the county. It is adopted annually. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins suggested coinciding with the taxing year. City Manager Saunders replied the deadline for adopting is different than the tax year. Council Member Goodgame moved for adoption of Ordinance 615-M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting"aye". These next two items were heard together and voted on separately. Resolution 1603—Blessed Sacrament Catholic Church Mayor Turville read Resolution 1603 aloud by title only. A Resolution of the City Council of the City of Clermont,Lake County, Florida,granting an amendment to a Conditional Use Permit to add new property and building to the Conditional Use Permit. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 2009 NEW BUSINESS Variance Request Jim Hitt,Planning Director,presented the request. The applicant requested amending the Conditional Use Permit (CUP) to add a 0.54 acre parcel to the CUP. The building is currently used for multi-family residential and is planned to be converted for church use as offices, meeting space, adult Sunday school space and other church uses. A variance is requested for a reduction in parking for the existing buildings. Any proposed uses will be required to meet the Clermont Land Development Code. This site is directly east of the existing church facility and similar to other downtown churches with facilities across a street. The Planning and Zoning Board recommended approval. Attorney Chris Hamilton,200 S. Orange Avenue, Orlando,was present on behalf of the applicant and was available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Resolution 1603; seconded by Council Member Goodgame.The motion passed with all members present voting"aye". Council Member Mullins moved to grant the variance requested; seconded by Council Member Goodgame.The motion passed with all members present voting"aye". Resolution 1604—Elks Club Mayor Turville read Resolution 1604 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 business to occupy over 3,000 square feet in the Central Business District. Curt Henschel, Planner, reported on the request. The applicant intends to expand the Elks Lodge in the downtown Central Business District. The Elks Lodge does not have a CUP; therefore, any expansion of the building would create the need for a new CUP. The proposed expansion will consist of a 1,200 square foot screened porch located on the front of the building and will not extend past the current building setbacks.The applicant was previously approved for this CUP in April 2008. Since then,the applicant has disagreed with one condition within the CUP regarding the parking lot. The existing CUP states under section 1 of number 9 — "The Elks Lodge parking shall not be restricted to only the Elks Lodge, and general public cross-over shall be allowed". The applicant does not agree to allow unrestricted parking access on their private parking lot. The Planning and Zoning Board voted to approve the CUP and recommended changing the language to allow for some restricted parking for the Elks Lodge. City Attorney Mantzaris offered input as to a possible solution for the language that would allow the Elks Lodge to retain more of their own property rights. The alternative language to section 1, number 9 is: "The Elks Lodge parking lot shall be available for use for vehicle parking by the general public, except for those times when an Elks approved event prohibits the use of the lot or a portion thereof for parking." Staff agreed to replace the current text with the alternative language. e" City Manager Saunders noted the Elks Club may have a special event to restrict parking at certain times. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24,2009 David Jenkins was present representing the applicant.The Elks Lodge owns the entire parking lot and has always allowed crossover parking and want to continue that. They would like to use the lot for their events and plans to increase events. Mayor Turville opened the public hearing. Jim Purvis,4206 Hammersmith Drive,stated number 9 should not be included in the CUP Cuqui Whitehead, 837 5th Street,requested Council accept with the revised language as stated. Mayor Turville closed the public hearing. Council Member Mullins recommended the Elks Lodge notify the City or the Chamber if they close the parking lot,as a courtesy. Council Member Mullins moved to adopt the Conditional Use Permit with the modified number 9; seconded by Council Member Goodgame. The motion passed with all members present voting"aye". Resolution 1605—Carolina Garcia Mayor Turville read Resolution 1605 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 an adult day care facility to be established in the R-3-A Zoning District. Curt Henschel, Planner, reported on the request to locate an adult day care facility in an existing residential structure. The adult activity center will provide a safe place to go during the week to socialize, participate in supervised activities, and receive physical care. They will monitor as needed, all while retaining as much independence as possible. The parcel contains two vacant single family structures. The applicant intends to renovate the northern building to operate the center. A prior CUP has been approved for this parcel to allow two professional office buildings. Parking has been constructed for the two buildings. Hours of operation will be Monday through Friday from 8:00am to 4.00pm. Three employees will staff the facility throughout the day, and approximately 12 clients will be dropped off in the morning and picked up in the afternoon. Staff recommended approval of the request. Mr. Henschel noted the City received one letter of opposition from the neighbor west of the property and read the letter into the record. Applicant, Carolina Garcia,was present requesting approval from Council. They will be providing meals, activities,and transportation to and from the facility. Mayor voiced concern with patients walking out the door and questioned exterior security. Ms. Garcia stated the State of Florida will not allow fencing. Council Member Goodgame asked staff to check on state regulations as stated by the applicant. City Manager Saunders suggested making it a condition subject to state approval. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5th Street,spoke in opposition to this request. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 24,2009 l Mayor Turville closed the public hearing. Council Member Goodgame suggested skilled nursing care in this facility. Mayor Turville noted uncertainty in requiring level of service as it relates to a land use request. He further voiced concern with security. City Attorney Mantzaris stated there is a difference between fencing and staffing requirements. Fencing is more related to a land use issue. Mayor Turville suggested if approved it be per condition to allow a fence to be erected if permitted by the regulatory jurisdiction. Richard Burke, 10500 Eagles Bluff Court, owns the two buildings. He stated this is not intended for seniors with constant medical care. City Attorney Mantzaris stated the applicant has to meet state codes. Council Member Mullins moved to adopt Resolution 1605; seconded by Council Member Thompson.The motion passed with all members present voting"aye". ADJOURN: With no further comments, this meeting was adjourned at 9:50pm. APPROVED: �Y l I ' •arold S.Turville,Mayor • ATTE T: 1 / Lam. ✓ /. ∎&-dl L racy Ackro,d, City Clergy 9