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01-13-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 The Clermont City Council met in a regular meeting on Tuesday, January 13, 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, and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of November 25, 2008 and December 9, 2008. Council Member Goodgame moved to approve the minutes of November 25. 2008 as written; seconded by Council Member Mullins The motion passed with all members present voting "aye". Council Member Goodgame moved to approve the minu+es of December 9 2008 as written: seconded by Council Member Mullins The motion passed with all members present voting_"aye". PRESENTATION City Manager Saunders recognized Herb Isom as he retires from the City of Clermont. He has worked for the City for over 19 years with the Sanitation Department. Mr. Saunders expressed appreciation for all the years Herb was with the City. Mayor Turville presented him with a plaque in appreciation for his dedicated service. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, complimented Preston Davis and staff regarding trash collection and thanked them for their outstanding service since taking over that responsibility. Bill Banzhaf, 931 W. Montrose Street, commented on the Arts and Crafts Festival held over the weekend and the success of the Farmers Market every Sunday. He complimented the new regime of the Downtown Partnership and looks forward to more opportunities for the downtown area to grow. Ann Dupee stated she read an article on Mount Dora doing a good job on recycling and asked if we could incorporate that program. Charlene Forth requested the City repair the sidewalk in front of Bee's Auto. A portion of the sidewalk is elevated and has separated which could cause injury to someone. Ms. Forth also commented on businesses renting out their facility for parties and wedding receptions. She requested the City draft an ordinance to obtain approval to not disturb the residential area. Mayor Turville suggested talking to the Garden Center. Bill Banzhaf commented the daycare center has more noise during the day. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 REPORTS City Manager Saunders scheduled the annual retreat for Monday, January 26 at 9:OOam. Also a workshop was scheduled to review the comprehensive plan on Tuesday, January 20 at 6:OOpm. City Attorney Mantzaris - No Report Council Member Goodgame stated there will be a Metropolitan Planning Organization meeting held on January 28 at Citrus Tower. On January 30, there will be a regional transportation forum hosted by the Department of Transportation held at the Florida Turnpike Enterprise from 9:30am to 3:OOpm. Council Member Mullins commented on the Arts and Cultural Alliance meeting. Council Member Thompson questioned why department heads do not attend Council meetings when they have an item on the agenda. Council Member Goodgame noted they should be present if they have an item on the agenda. Mayor Turville stated City Manager Saunders will handle that. Mayor Turville commented on the first 125 year committee meeting held last week. He will assign someone to serve as Chairperson of the committee. 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 -Purchase Approval Item No. 2 -Grant Application Request authorization to purchase materials for Water Main Construction projects from FEI- Orlando Waterworks in the amount of $432,368.80 Request authorization to apply for a grant with Lake County Water Authority for stormwater retrofits projects Item No. 3 -Accepting ownership of Reclaimed Mains Request by Summit Greens Resident Association for the City to accept ownership of the reclaimed Water Mains in Summit Greens Item No. 4 -Easement Request Item No. 5 -Contract Approval Item No. 6 -Contract Approval Grant an easement to Progress Energy to allow the installation of necessary upgrades to Well No. 6 (Heritage Hill Development) Request authorization to piggyback the City of Cocoa's contract for laboratory services with Flowers Laboratory of Altamonte Springs Request authorization to piggyback the Florida Sheriff's Association Vehicle Contract for Ring Power/Caterpillar Equipment Rental City of Clermont MII~TUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 Item No. 7 -Purchase Approval Request a sole source purchase from LeahChem Industries, Inc. for LC-244C polymer Item No. 8 -Change Order # 3 Item No. 9 -Trade Surplus Equipment Request approval of Change Order #3 for the Greater Hills Water Treatment Plant to Prime Construction in the amount of $42,916.94 Request to trade surplus Fire Department SCBA equipment Jim Purvis requested to pull item 3 from the consent agenda. Council Member Goodgame moved to approve consent agenda items 1 2 4 through 9• seconded by Council Member Mullins The motion passed with all members present votm~ "aye". Jim Purvis asked for clarification as to why the city would take on responsibility for infrastructure on private property. In the interest of disclosure, Mr. Purvis spoke to Council Member Goodgame about it. He questioned why public funds are being used to serve a private gated community. Council Member Goodgame stated the potable water lines are city responsibility and likewise the irrigation piping should be the city responsibility as well. City Manager Saunders clarified the Council has considered accepting private improvements in the past. It has always been city policy to consider if infrastructure meets city codes. If not, the community will have to bring it up to city codes. This community does meet city codes. Council Member Goodgame moved to approve item 3 of the consent agenda• seconded by Council Member Mullins The motion passed with all members present voting "aye" UNFINISHED BUSINESS The next three (3) items were heard concurrently. Ordinance 606-M Final Hearing Mayor Turville read Ordinance 606-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. Ordinance 607-M Final Hearing Mayor Turville read Ordinance 607-M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 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. NEW BUSINESS Resolution 1601 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, presented the report on Ordinance 606-M and Ordinance 607-M. The property at 756 West Desoto Street is on the northwest corner of West Avenue and Desoto Street just south of the Mulberry Inn. This request originally listed "Hulk Heavy Transport, Inc." as the owner/applicant. P.A.L. Holdings, LLC is now the owner/applicant. Ms. Loretta Lacek is the president and sole shareholder of Hulk Heavy Transport and is the manager and sole member of P.A.L. Holdings. All three requests are now under the new name. The former home on the property was built in 1920. The initial request is for asmall-scale comprehensive plan amendment to change the Future Land Use from Non-Established District 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 of the property 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 the Magic Moments daycare, also in NED-6 Residential. This West Avenue corridor has been in transition for several years. Asmall-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 asmall-scale comprehensive plan amendment approval in 2006. These two properties were granted the change from NED-6 Residential to EBD-1 Central Business District. Most recently, in August 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. 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. These were from the owners of Magic Moments daycare on Desoto Street and from the property owner at 830 West Avenue. Staff recommends approval of the Future Land Use Map change and approval of the request for rezoning. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 Curt Henschel, Planner, reported on the Conditional Use Permit (CUP). The applicant requested a CUP to allow a youth counseling center. At risk counseling centers would be considered a conditional use within the R-3 zoning district or the CBD zoning district. The applicant is proposing to renovate an existing single family residence of approximately 2,000 square feet. The counseling services that will be offered are geared toward "at risk youth". The counseling staff will provide group counseling workshops on high risk activities such as drug use, pregnancy, STD's, gang activity, and domestic violence. The applicant will also provide tutoring for GED certificates. The hours of operation are expected to be from gam to 9pm seven days a week. Staff believes this area could support this type of use. Staff does not have any objections for this type of use for a CUP to allow an "at risk" counseling center in either the R-3 or CBD zoned commercial. Staff recommended putting in hours to not exceed gam to 9pm. The daycare center has requested installation of a privacy fence to be located on the western property line. It could be installed per the CUP under section 1, number 11. He recommended section 4, number 1 to be amended to state a decorative privacy fence or whatever is agreed upon by council. Applicant, Loretta Lacek, 160 Nautica Mile Drive, was present. She stated it has been a family commitment to open a counseling center. The goal is to take children at risk and provide them with counseling and programs to change behavior to not end up in prison. She distributed a list of programs and workshops to be offered. There is not a lot for kids to do in this community. She displayed pictures of the building. Attorney Nicky Van Hook was present on behalf of the applicant. The youth will be coming to the center based on appointments only; there are no overnight stays. She clarified the applicant is willing to put in a privacy fence and willing to make sidewalk improvements. Ms. Lacek submitted the comprehensive plan amendment and rezoning solely to use as a counseling center. She requested Council vote on the CUP application first that way if it does not pass, she would like to withdraw the rezoning and comprehensive plan amendment. Mayor Turville opened the public hearing. Bill Banzhaf thinks the concept is a great idea but does not agree with the location. Stephanie Butler, 854 West Avenue noted "preventative" is a better term than "at risk". She was in support of the request. Charlene Forth, 939 W. Desoto Street, spoke in support of the project. Pastor Reggie Cabrero from Seventh Day Adventist Church, spoke in support of the request. Paul Lacek, 160 Nautica Mile Drive, thinks this is a perfect place. He further noted a conflict of interest regarding Bill Banzhaf. Mayor Turville closed the public hearing. Mayor Turville requested explanation of the term at-risk. Ms. Lacek stated at risk is a term coined in the counseling field dealing with behavior that has negative consequences. Mayor Turville questioned whether credentials or licenses are required of those working with at risk youth. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 The pastor stated no credentials are required. The center will take them on trips or excursions to be exposed to different ways of life. They are looking for people who have experience working with youth. Council Member Goodgame inquired the age of the kids. Ms. Lacek noted the target age is 14 to 18. Council Member Thompson noted he served on the board for Life Stream and this is needed. The definition of at risk youth is any child more likely to participate in substance abuse, criminal activity, and sexual promiscuity. He expressed concern with accreditation. He commended her for doing this. Ms. Lacek clarified there are 2 pastors on the board as well as a licensed counselor and a social worker. These are people who have experience and will be in control of the center and making sure the center is equipped with the knowledge to address each child's needs in an adequate way. Council Member Thompson questioned if she has addressed safety issue protocols. Ms. Lacek stated they had not. She wanted to get approval first. This is a program to educate kids such as contracting AIDS. Council Member Goodgame questioned how she will advertise to have students to attend. Ms. Lacek stated she will contact the schools and let guidance counselors know. The center will also offer GED tutoring courses. College graduates have volunteered to tutor. The center will have a maximum of 5 kids attend at one time. This is not a place to hang out. Council Member Goodgame asked about funding for this operation. Ms. Lacek noted there are a number of private funding contributions being made and a professional grant writer on the board. Council Member Mullins noted Resolution 1601 states the Planning and Zoning Board recommended approval and they did not therefore that is a typo in the resolution. Mr. Mullins believes this is a great idea but does not have a good business plan. He is not comfortable approving the CUP at this point. Ms. Lacek stated it is difficult to make a plan until the needs of the kids in the community are known. Council Member Thompson stated there is a difference between a licensed clinical social worker versus a volunteer. Attorney Nicky Van Hook stated Ms. Lacek is willing to work with staff. She suggested tabling to give her time to work on this. City Manager Saunders recommended the Council table to time certain. Council Member Mullins moved to table a113 items to Februar 24• seconded b Council Member Goodgame. The motion passed with all members present voting "aye" Variance Request Clermont Landing Jim Hitt, Planning Director, presented the request to allow for a second additional ground center identification sign, rather than just one. The development's primary sign is located at the corner of U.S. 27 and Steve's Road. Staff was not opposed to the variance request for a third ground sign as proposed for Clermont Landing. Applicant, Dale Menninger, was present requesting approval City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, spoke in opposition to the request. Mayor Turville closed the public hearing. Council Member Goodgame believes it is necessary. Mayor Turville agreed there should be a sign. Council Member Good~ame moved for approval of the variance• seconded by Council Member Mullins. The motion passed with all members present voting "aye" Resolution 1602 Big Bounce Fun Zone Mayor Turville read Resolution 1602 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 daycare facility in the C-2 General Commercial Zoning District. Curt Henschel, Planner, presented the request for a CUP to allow a daycare facility in the C-2 General Commercial Zoning District. The applicant is currently operating kids entertainment operation located within the old IGA grocery store at 1203 West Highway 50. The portion of the building the applicant occupies is approximately 10,000 square feet. The applicant is not expanding the building, but is only expanding the proposed use. The children will range in age, and the State will determine the maximum capacity of the school (approximately 40 students.) The applicant believes the business will provide a needed service to working parents within the area. Hours of operation will vary from 6:30am to 9:OOpm seven days a week. Staff believes this area is right for this type of development, and recommended approval of the request for a CUP to allow a children's day care center on this C-2 zoned parcel. Applicant, Matthew Griffin, was present to answer questions. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, spoke in favor of the request. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Resolution 1602• seconded by Council Member Goodeame. The motion passed with all members present voting "aye" JPA Review Magnolia Center Jim Hitt, Planning Director, reviewed the request. Lake County staff has been in discussions with the property owners and the Magnolia Pointe Subdivision in relation to the Planned Unit Development (PUD). While this is a County sponsored amendment, not all owners are in agreement with all the changes. The development is limited to the uses permitted within the C-1 and C-2 Zoning Districts as defined in the Lake County Lake Development Regulations. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 The Lake County Zoning Board recommended approval. The Board of County Commissioners will hear the request on January 27. Mr. Hitt reviewed the proposed changes including automotive service station/convenience store, auto parts and limited uses on lot 6. City Manager Saunders summarized they are requesting to restrict uses to amend this PUD. Applicant, Chris Roper, was present representing the owner of lot 6. Lisa Reed was present on behalf of the family owning lot 5. She specifically requested this not be turned into a strip center. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, spoke in opposition to a strip center. Mayor Turville closed the public hearing. Council Member Mullins stated this is making it more restrictive which is closer to what we want. Council Member Goodgame moved to see a restriction on hours of operation for stores to not open earlier than 7a.m. or later than 9p.m. except for restaurants. Council Member Thompson stated that information is already covered in the documents provided. Council Member Goodgame withdrew his motion. Council Member Mullins moved that we concur with the recommendation• seconded b Council Member Goodgame. The motion passed with all members present voting "aye" JPA Review Hancock Road Substation Jim Hitt, Planning Director, presented the request to rezone to Community Facility District (CFD) to construct an Electricity Substation. Progress Energy Florida's Transmission Planners have identified the need for a transmission substation in this vicinity. Their Clermont-East substation is land locked, with no room to expand. A more updated facility will be needed in the next 3 to 4 years. A more efficient and reliable electric grid will be the result. The future land use designation is "Employment Centers." According to the Comprehensive Plan, this district shall permit the development of light industrial, heavy industrial, wholesale, manufacturing and assembly uses, warehousing, offices and combinations of these uses. Since the properties north and south of the proposed substation site are zoned for industrial purposes, and the fact that two existing transmission lines already impact the property, the substation usage of the property would appear to be very compatible with the existing land uses in the immediate vicinity. From an environmental perspective, the substation will be constructed and maintained in accordance with all county, state and federal regulations, including compliance with all aspects of the National Electric Safety Code. The re-zoning request is consistent with the JPA Agreement. At the development review Committee meeting at Lake County, staff met with applicant. It was recommended to have a 15 foot landscape buffer on the north, east and south and a 20 foot buffer on the front or facing Hancock Road. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 13, 2009 Applicant, Ulay Thompson, Senior Land Specialists for Progress Energy, was present. This property was purchased subject to rezoning approval for a transmission substation. State Legislators passed a law in 2007 allowing distribution substations to be placed anywhere in the state but transmission substations are subject to review by cities or counties. They have agreed to put in a buffer along the east, south and north. There is a significant larger buffer along Hancock Road. Also, agreed to set aside a minimum of 30 foot along Hancock Road to be used for water or sewer lines. There is a sewer lift station and that will be in the deed when the property is purchased. It will include a 30 foot easement along Hancock Road. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to accept the County's recommendation• seconded by Council Member Mullins. The motion passed with all members present voting_"aye" Ordinance 612 M Introduction Mayor Turville read Ordinance 612-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; and providing for publication. Council Member Mullins moved for introduction of Ordinance 612-M• seconded b Council Member Good~ame The motion passed with all members present voting "aye" Ordinance 613-M Introduction Mayor Turville read Ordinance 613-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. Council Member Mullins moved for introduction of Ordinance 613-M• seconded b Council Member Good~ame The motion passed with all members present voting "aye" ADJOURN: With no further comments, this meeting was adjourned at 10:OOpm ATTEST: Tra Ackroyd, City Clerk APPROVED: arold S. Turville, Mayor 9 Memo To: Carle L. Bishop, Fire ChiefC~~ From: Paul Anderson, Jr., Assistant Fire Chief -Operations CC: File Date: 12-23-08 Re: Surplus SCBA I would like to request approval to trade the old Scott SCBA that have already been declared as surplus by the City Council to Dalmatian Fire Equipment in exchange for a credit of $2,175 to be used towards SCBA cylinders that are needed as spare cylinders. The original request to surplus this equipment indicated that we were requesting to use the funds generated from this equipment to obtain additional SCBA equipment.