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.
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City of Clermont
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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.
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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.