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03-13-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, March 13, 2001 at Jenkins Auditorium. Mayor Pro Tem JeffBiddle called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attomey Kmppenbacher, Planning Director Brown, Finance Director Van Zile and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Mayor Pro Tem Biddle, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick stated that Gerald Smith had been referred to incorrectly as Superintendent instead of School Board Chairman on page two. ,4 motion was made bp Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the Council Meeting heM FebruarF 27, 2001, as amended. Council Member Renick questioned the use of the name Council Member George on page two of the Council Workshop Minutes dated August 7, 2000. Council Member MacLauchlin stated it should read MacLauchlin, not George. ,4 motion was made bp Council Member MacLauchlin, seconded bp Council Member Mullins, and carried unanimously to approve the minutes of the Council Workshop Meetings hem ,4ugust 7, ,4ugust 28, September 28, November 16 and December 7, 2000, as amended. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that he was very happy to announce that Fire Station #2 had received their final Certificate of Occupancy earlier today and move in will begin in the next few days. City Manager Saunders stated he would like to schedule a Council Workshop meeting on March 26, 2001 at 6:00 p.m. at the Police Department. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 2 NO OTHER REPORTS CONSENT AGENDA Mayor Pro Tem Biddle read the listed Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item No. 1-Bid Award Garbage Truck Purchase Item No. 2-Resolution 1179 Authorizing Budget Amendments to the General Fund for the Fiscal Year 1999-2000 Item No. 3-Resolution 1187 Authorizing Budget Amendments to the Building Construction Fund for the Fiscal Year 1999-2000 Item No. 4-Resolution 1188 Authorizing Budget Amendments to the General Fund for the Fiscal Year 2000-2001 Item No. 5-Resolution 1189 Authorizing Budget Amendments to the Building Construction Fund for the Fiscal Year 2000-2001 Item No. 6-Resolution 1190 Authorizing Budget Amendments to the Infrastructure Fund For the Fiscal Year 2000-2001 A motion was made bp Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to approve Items One Through Six o_f the Consent Agenda. UNFINISHED BUSINESS Site Impact Agreement Planning Director Brown stated that this Agreement is in conjunction with Ordinance 413-M to re-zone a 10 acre parcel located at the intersection of Citrus Tower Boulevard and SR 50 from R-R Rural Residential to C-2 General Commercial. Mr. Brown explained that this Agreement addresses the dedication of up to 80 feet of right of way and the construction of the planned frontage road to go along the northern boundary of the property. He further stated that the Agreement provides that the property will be subdivided pursuant to the City's commercial subdivision planning process as well as addresses access to and through the site. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 3 Mayor Pro Tem Biddle asked if the public would like to speak on this issue. Council Member Renick asked Planning Director Brown if the language had changed in the Agreement. Planning Director Brown stated that the Agreement has not been changed. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to approve the Site Impact Agreement. Ordinance No. 413-M - Final Reading Mayor Pro Tem Biddle read the ordinance by title only and asked if Planning Director Brown had any additional comments or explanation. Mr. Brown indicated none. Mayor Pro Tem Biddle asked that the representative of the applicant be sworn in at this time. Deputy City Clerk Studdard swore in Scott Gentry, 1600 E. Robinson Street, Orlando. Mr. Gentry stated he would answer any questions. A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 413-M. Ordinance No. 416-M - Final Reading Mayor Pro Tem Biddle read the ordinance by title only. Finance Director Van Zile stated that the City has had an Operating/Capital Funds Policy since 1996 and that Florida Legislature changed several statutes pertaining to investment of local government in the year 2000. This ordinance adopts policy changes to conform to these statutes. Staff recommends approval. Mayor Pro Tem Biddle asked for any other comments or questions. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to adopt Ordinance No. 416-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 4 Ordinance No. 417-M - Final Reading Mayor Pro Tem Biddle read the ordinance by title only. Finance Director Van Zile stated that in the year 2000 Florida Legislature adopted statutes requiring local government to adopt an Investment Policy pertaining to Pension Funds. This ordinance is to comply with those statutes. Staff recommends approval. Mayor Pro Tem Biddle asked for any other comments or questions. ,4 motion was made by Council Member Mullins, seconded by Council Member Mac£auchlin, and carried unanimous!¥ to adopt Ordinance No. 417-M. VISITORS WITH BUSINESS Resolution No. 1191 Mayor Pro Tem Biddle read the resolution by title only and asked Planning Director Brown to explain the request. Planning Director Brown stated that the applicant, Mami Jones of USA Heat, Inc., is requesting a Conditional Use Permit to allow for teen dances and the operation of a concession bar in conjunction with a cheer gym and youth center on the property located at 634 8th Street. Mr. Brown stated that the property has a CBD land use classification and the zoning is CBD. He further stated that USA Heat is a non-profit organization established to provide extra- curricular activities for the youth of the community. Director Brown stated that Staff recommends approval of the request if concerns regarding parking, pick up and drop off of patrons, hours of operation and patron supervision are addressed. Planning Director Brown stated that the Planning & Zoning Commission, at their meeting March 6, 2001, recommended denial of the request due to the concerns already mentioned as well as the location of a bar across the street. They also questioned why this request was coming in after USA Heat, Inc. was already in operation. Mr. Brown stated that the Planning & Zoning Department found out that this business was operating and needed a Conditional CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 5 Use Permit. He further stated that the applicant was contacted to file an application for a Conditional Use Permit and that the application was expedited by a month. Mayor Pro Tern Biddle opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Mami Jones, 1171 W. Montrose St., the applicant, spoke about the organization in general and addressed the concerns of the Planning & Zoning Commission. Bob Beasley, 1345 12th Street, Clermont, spoke in favor of the project and stated that the City should support any youth-oriented activities. Elma Selby, 10532 Lake Shore Drive, Clermont, spoke on behalf of the project as a downtown business owner about the growth that is needed and stated that parking is not an issue downtown. Allan Pool, 1069 Lake Shore Drive, Clermont, spoke as property owner regarding parking for the project. Frank Caputo, 3917 Scarborough Court, Clermont, spoke as a Planning & Zoning Commission member about the concerns expressed regarding this project at their meeting on March 6, 2001. Elaine Tharpe, 2322 Twickingham Court, Clermont, spoke as a Code Enforcement Board member about the concerns expressed regarding this project at their meeting on March 6, 2001. Cleo Selby, 1345 12th Street, Clermont, spoke in favor of the project. Emma B. Sullivan, 5203 Pitt Street, Clermont, voiced concern about inadequate activities available to the children of the area. Nancy Fullerton, 368 Montrose Street, Clermont, asked hours of operation, how often dances would be held and location of the building. Ms. Jones stated the address is 634 8th Street, the dances would basically be every Friday with occasional exceptions and the hours of the dances would be 8:00 p.m. to midnight for the older teens and adults and 7:00 p.m. to 10:00 p.m. for the younger teens. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 6 Cheryl Warren, 105th Avenue North, Largo, FL, spoke as representative of USA Heat, Inc. regarding accommodating the First Friday events. Council Member Mullins asked Mr. Pool to clarify the ownership of the Hughes Supply parking lot. Mr. Pool explained that there is a crossover parking agreement between himself, Dan Pool and John Carroll for the lot and described the allocation of the spaces. Planning Director Brown stated that, per the conditions of the Resolution, the agreement to allow access to parking in the Hughes Supply lot must be signed by the owners of the lot. Planning Director Brown further stated that the Planning & Zoning Commission had concern with the parking lot not being striped. City Manager Saunders stated that the City will stripe that lot the next time striping is done due to the parking area being used as municipal parking for the City. He further stated that the City has a long history of supporting youth activities, with Hancock Park opening soon and a new Recreation Director being hired approximately one and a half years ago. He stated that the current project is needed and asked for the support of the Council on it. Mayor Pro Tem Biddle stated that his concerns were regarding location and supervision and that he felt it would be adequate with the placement of a police officer inside and one outside as Ms. Jones had stated would be provided by the Lake County Sheriffs Office. He also stated that he felt the dances should be coordinated with the Downtown Partnership so as not to interfere with the First Friday events, and finally that he felt parking would not be an issue. Mayor Pro Tem Biddle stated that he felt this would be a positive addition to the downtown area as long as it was properly controlled. Council Member Mullins asked why the Lake County Sheriffs Office was being used rather than the City Police Department. Ms. Jones responded that the Clermont Police Department's policy is that the business provide workman's compensation coverage and the Lake County Sheriffs Office does not, thus the Sheriffs Office was chosen as a lesser cost. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 7 Mayor Pro Tem Biddle asked if anything could be done to change that. City Manager Saunders stated that he was aware that the Lake County Sheriff's Office had recently made that change to its policy and the City would review its policy as well. Mayor Pro Tem Biddle stated he felt it would be better because the local police would know and recognize more of the children of the area and it would allow the City to retain the funds being paid to the Lake County Sheriff's Office. Council Member Mullins stated that it would also have an influence on the bar across the street. Council Member Renick stated that she felt Ms. Jones had not been attempting to avoid this process and that she had discussed this issue with the applicant early in this process. Ms. Renick also stated that #8 of the conditions in the Conditional Use Permit allows the City to revoke any uses that may cause parking difficulties, thus there should be no risk to the City. A motion was made bp Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1191. NEW BUSINESS Ordinance No. 306-C - Introduction Mayor Pro Tem Biddle read the ordinance by title only. .d motion was made bp Council Member Mullins, seconded by Council Member Renick, and carried unanimously to introduce Ordinance No. 306-C. Ordinance No. 307-C - Introduction Mayor Pro Tern Biddle read the ordinance by title only. A motion was made bp Council Member MacLauchlin, seconded bP Council Member Mullins, and carried unanimously to introduce Ordinance No. 307-C. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 8 Ordinance No. 414-M - Introduction Mayor Pro Tem Biddle read the ordinance by title only. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to introduce Ordinance No. 414-M. Ordinance No. 418-M - Introduction Mayor Pro Tern Biddle read the ordinance by title only. ~4 motion was made bY Council Member Mullins, seconded bY Council Member Renick, and carried unanimously to introduce Ordinance No. 418-M. Ordinance No. 415-M - Introduction Mayor Pro Tem Biddle read the ordinance by title only. .d motion was made bY Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 415-M. Mayor Pro Tem Biddle asked if anyone wished to speak to the Council on any other issues. Emma B. Sullivan spoke to the City Council regarding a Schwartz Landscaping truck having a pump on East Lake (on Pitt Street) and constantly pumping trucks full of water out of the lake. Ms. Sullivan requested the Council do something to stop this fi:om occurring and asked how this truck could be allowed to do this with the current water restrictions. Planning Director Brown stated that the situation had come to the attention of the Planning & Zoning Department this morning and that the City Engineer had stated that, according to the St. Johns River Water Management District, this pumping of surface water was not prohibited. He further stated that the water was being used for landscape installation at the Osprey Ridge Apartments project situated just north and east of the middle school, thus placing it in the watershed for East Lake. Mr. Brown stated that it was easier for the truck to access East Lake rather than cross roads to reach Lake Minneola, which does not have proper access. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 9 Planning Director Brown stated that he could pursue the issue further, if necessary. Council Member Renick asked if these tracks could just come and fill their tanks from our lakes to spray new landscaping. Ms. Sullivan stated that there is a pump at the lake that is being used to fill the tanks. Council Member Mullins asked why the water at Osprey Ridge is not used for this landscape installation. Planning Director Brown stated there was a possibility that no access was available. Council Member Renick asked if trucks were coming in to obtain water from our lakes to water projects outside the City. City Manager Saunders stated that the City has more control of the land-locked lakes than the chain of lakes. Once you get below a certain elevation the City no longer has authority, it then reverts to the St. Johns River Water Management District. Therefore allowance o frilling of tanks is a St. Johns River Water Management District issue in many cases. Mr. Saunders also stated that he believed the Osprey Ridge apartments developer actually owns property adjacent to East Lake, which means they could run pipe to irrigate under the restrictions cun'ently effective. He further stated that he had not been made aware of the situation until late today and that the City would investigate for any violations that may have occurred since there is an ordinance in effect regarding use of internal lake water. Council Member Renick thanked Ms. Sullivan for taking the time to bring this issue to the City Council's attention. Cleo Selby thanked the City Council for approving the USA Heat, Inc. project. Nancy Fullerton stated that the allowance of irrigation of new landscaping was still restricted to between the hours of 4:00 p.m. and 10:00 a.m. and stated she felt a Consumptive Use Permit should be necessary for trucks to haul water out of lakes. Planning Director Brown stated that the apartment project could obtain a permit to sink a well for their irrigation system. Frances Hartel spoke regarding violations of the water restrictions at several locations, including at the new City Fire Station and at the new apartments on Citrus Tower Boulevard. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 13, 2001 Page 10 City Manager Saunders stated that the irrigation at the Fire Station that she observed was due to testing of the irrigation system. He also stated that the City Code Enforcement Officer had already contacted the apartment complex once and they would receive citation if necessary. Council Member Renick stated that one of the ordinances introduced at tonight's meeting would put fines in place for violation of water restrictions and that the ordinance would be finalized at the next Council meeting. Elaine Tharpe spoke in reference to the misprint in today's Lake Sentinel article about hours for watering in the City. Planning Director Brown stated that a call had already been placed to request a correction. There being no further business the meeting was adjourned at 8:20 p.m. Attest: