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04-14-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 The Clermont City Council met in a regular meeting on Tuesday, April 14, 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 Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda suggested Council pass a decibel level limit to address the noise at McKinney Park. He distributed an article titled Noisy Price of City Life. He requested Council discuss at a workshop. Mayor Turville asked City Manager Saunders to schedule discussing decibel levels at the next workshop. Jim Purvis, 4206 Hammersmith Drive, thanked Public Services Director Preston Davis and his staff for exceptional service of garbage collection. Also, he requested Council consider a tornado warning system to protect citizens. City Manager Saunders noted that information was brought to the Council for consideration at a workshop in September. Council did not provide staff with further direction. It will be on the April 28 meeting agenda. Crystal Hill-Duhart was present on behalf of her parents who live on Highland Avenue. She requested increased police presence to help eliminate criminal activity in the area. She was informed to present a petition in order to obtain assistance for this matter. City Manager Saunders noted a petition is not necessary. Mr. Herda also commented on criminal activity in that area. Mr. Lyon, 214 Carroll Street, commented on criminal activity in the neighborhood for over two years. Mayor Turville stated that staff is aware and is diligently working on these issues. Council Member Thompson requested City Manager Saunders to direct Chief Graham to assign someone to work with the community to resolve the issues. City Manager Saunders stated he will be speaking with Chief Graham. A series of community meetings were held last year to address some of these problems. Jim Purvis suggested leaving a police car in the area. Council Member Goodgame recommended having the fire engines drive around the area at night, also. He further noted Cindy Barrow, Lake County School Board Member, called him about the situation. Clermont Fire Department Lt. Tom Bennett noted this type of activity is typically reported to the Police Department. PROCLAMATION Mayor Turville read the Helping Hands and Linking Arms Day Proclamation aloud in its entirety. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 REPORTS City Manager Saunders reported on the renovations to the Historic Depot at the Historic Village. There is an existing stormwater pond underneath the deck adjacent to the Depot. Staff received a determination from St. Johns Water Authority that we will have to re-permit that pond because of modifications. City Engineer Richardson reviewed and had a joint meeting with the contractor and architect. It was a consensus to eliminate that pond and put all the water into the new pond recently constructed behind the Historic Cooper building. Staff received quotes for the scope of service for re-permitting and requested Council approve the low quote received from BESH Engineering in the amount of $6,800 to handle the process of re-permitting of the pond. There were two (2) quotes received. The construction cost for the Depot will be less by filling in the pond. Council Member Goodgame moved for the acceptance of the BESH engineering bid for re-permitting the new retention pond behind the Cooper library; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame reported on the Metropolitan Planning Organization (MPO) meeting held last week. The widening of Highway 50 east to Hancock Road has begun. The funds for west of Hancock Road will be in the 2011-2012 budget. The easements are not procured yet. All of Highway 50 shall finish at the same time. Hartwood Marsh Road has been reinstated through 2012. Lake County has re- estimated that job at $8 million therefore Lake County will have to come up with an additional $5 million. Council Member Mullins reported the Lake County League of Cites is sending a letter to St. Johns River Water Management District regarding the alternate water supply system. A draft of the letter will be on the next meeting agenda for Council to vote on. One letter from 14 cities may carry more weight. Council Member Thompson commented on the meeting held of the south Lake cities to discuss economic development as a 5 city region. There was a representative from each city and a staff member. Out of that meeting, they decided to develop a questionnaire in partnership with Economic Development Commissions in the Central Florida region. Assistant City Manager Gray prepared and disseminated it to the 5 cities. They will hold workshops in their communities to discuss their strengths and weaknesses and determine what types of businesses they would like to see. The communities will be completing this over the next month. The group will meet again to discuss then move forward to aggressively look at bringing jobs to the region. Mayor Turville noted he attended the Orlando Mayhem girls tackle football game on Saturday. The next home game will be held at East Ridge High School on Apri125. 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 -Plat Approval Request approval of the plat for the Moorings of Clermont, a residential Subdivision City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 Item No. 2 -Bid Award Authorization to award bid for two Columbarium's in the Oak Hill Cemetery to Prince Land Services Inc. in the amount of $28,043.64 Council Member Goodgame pulled item 2 from the consent agenda and City Manager Saunders pulled item 1. City Manager Saunders requested item 1 be removed from the agenda because the required bonding had not been submitted. Council Member Goodgame suggested rejecting this bid and rebid the project since only one bid was received. Council Member Goodgame moved to reject the bid; seconded by Council Member Hogan. The motion passed with all members present voting"ate". Mayor Turville made a change to the agenda to have the Clermont 125`h Celebration follow the variance request for Elite Car Wash. UNFINISHED BUSINESS Purchase Approval Stanley Security Solutions City Manager Saunders reported this was brought to Council several meetings ago. Mr. Bowman asked if there is a possibility to add cameras along Montrose Street to help the businesses. The vendor is willing to work with the merchants and provide the same pricing given to the city. If the city wants to expand with additional cameras, it could easily be done in the future. He requested approval for City Hall. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for acceptance; seconded by Council Member Goodgame. The motion passed with all members present votin "aye". NEW BUSINESS Variance Request Epic Theatres Jim Hitt, Planning Director, presented the variance request. EPIC Theatres of Clermont has requested two (2) variances. The first request is to allow more than one wall sign on the front elevation wall. This frontage is allowed one wall sign at a maximum 200 square feet. The applicant is requesting four separate signs in the same vicinity on the front wall that together total l38 square feet. The "Epic" sign has been permitted as their one sign, and this request is to add "Theatres", "16" and "Tickets" for a total of four wall signs. The Land Development Code does not allow for more than one wall sign, or the ability to calculate the total square footage for all of them separately, even though it is less than the maximum 200 square feet allowed, if calculated separately. Staff recommended approval. The second sign variance request is to allow two projecting, or hanging canopy signs, rather than just one. These signs are for "Tickets" and meet the maximum four square feet allowed per Code. Staff recommended approval due to the type of business and the location of the remote kiosk ticket dispensers on each side of the entrance. Frank DeMarsh, Applicant for Epic Theatres, was present and available for questions. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodg~ame moved for the approval of the variance request; seconded bX Council Member Mullins. The motion passed with all members present voting "ave". Variance Request Elite Car Wash Jim Hitt, Planning Director, presented the variance requests. The car wash is currently configured as a full service car wash where the client pulls up, and service attendants run the car through the wash and clean the interior of the car. The applicant is modifying the site plan to allow customers to do their own interior cleaning and vacuuming. The applicant proposed to utilize 20 existing parking spaces for vacuum cleaning stations, a bypass lane, and creating a covered parking area for employees and clients to clean cars. The first variance request is to allow a reduction of 20 parking spaces. The vacuum area parking spaces are not considered permanent parking stalls per code and therefore staff recommended denial. The second request is to allow a canopy to have a zero lot line setback. Per city code, canopies shall have a minimum 30 foot setback from all property lines. In the applicant's case, the property line is an interior line within a parking lot that does not distinguish between the different uses. The line is shared with the Sonny's BBQ restaurant to the south. The canopy is requested to cover the staff and patrons at the vacuum and cleaning stations. The canopy will look like a covered parking area within a large parking lot and it is not encroaching into any right of way. Staff was not opposed to the canopy setback of zero feet. Jimmy Crawford, Schmid Construction and Development, represented the applicant. The business has been in operation for three (3) years and has experienced a downturn. He believes having a self serve and full serve will increase business. The request includes converting 20 parking spaces to 12. The primary days and times are Fridays, Saturdays and Sundays from 12-noon to 4:OOpm. The biggest parking users are Sonny's BBQ and Gators; their strong times do not coincide with Elite Car Wash. Philip Toppino, Owner, and Lee Woods, Contractor, was also present. Mayor Turville opened the public hearing. Mark Graff commented there are plenty of parking spaces available and supported the request. Jimmy Crawford further stated this is a specific variance for the existing car wash. If the business relocates, this variance is no longer in effect. Jim Purvis and Kasey Kesselring spoke in support of the variance requests. Mayor Turville closed the public hearing. Council Member Mullins inquired if anyone will lose their job because of converting this to self service. Philip Toppino, owner, confirmed no one will lose their job. He will be able to double the volume without having to increase labor. Council Member Mullins asked about the proposed shelter. Mr. Toppino noted it is a durable shade cloth and blocks the sun. City Manager Saunders stated staff will ensure it meets codes. City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 Council Member Goodgame moved to approve the variance as requested• seconded by Council Member Mullins. The motion passed with all members Qresent voting "aye". Council Member Goodgame announced there will be a barbeque held on Saturday at Elite Car Wash to raise money for the Boys and Girls Club. Mayor Turville called for a recess at 8:39pm. The meeting reconvened 8:48pm. Clermont 125`h Celebration Assistant City Manager Gray and Chairman Mike Latham presented the event plans. The kick-off event will begin on October 17 with a Wine Gala at the Cooper Library. Then, Thursday, October 22, is the Education Day and the schools will be invited. There will also be a student and adult art contest. The Historic Village will continue to be open. The Taste of Clermont event will be held at Waterfront Park. Friday, October 23 and will start out with a carnival for kids, art contest continuation, ice cream social, and the East Ridge Homecoming parade that night. Saturday, October 24, will have the Great Floridian Triathlon, carnival for kids, Pioneer Day and Street Party on Montrose and 8`h Street. There will be no open containers on the street and will be contained to a hospitality area or tent. Sunday, October 25 is Family Day which will include a Heritage Picnic, Farmers Market and fireworks in the evening. The committee is also looking for entertainment along Waterfront. The logo was presented for Council approval. Mayor Turville thanked the committee. Council Member Goodgame expressed concern with parking for the Taste of Clermont event, events for teenagers, alcohol and a parade. Mike Latham noted the Taste of Clermont will be a ticketed event. As far as events for teens, the carnival has been scheduled for Saturday and Sunday. The committee discussed having a parade and voted against it twice. It is being planned to have alcohol sales in a confined setting but nothing has been determined at this point. Council Member Hogan inquired about having a bicycle parade. City Manager Saunders suggested having it during the Heritage Picnic. Delores Walker requested volunteers to help with tours of the Historic Village. Bernadette Dubose is a member of the budget and entertainment committee and thanked Council for their support. Assistant City Manager Gray stated Montverde Academy will donate busses to help with transportation. Mike Latham requested approval to proceed and thanked the committee members and chairs. Council Member Thompson moved to approve the tentative plan and logo• seconded by Council Member Mullins. The motion passed with all members_present voting"aye". 5 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 Resolution 1610 Mayor Turville read Resolution 1610 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, expressing its support for a referendum regarding a horseracing pari-mutuel wagering facility and card room within the City of Minneola; requesting the Lake County Board of County Commissioners to conduct a referendum with regard to such pari-mutuel facility; providing to the Lake County Board of County Commissioners; providing for an effective date. City of Minneola Mayor Yeager requested Council consideration of the Resolution to offer the people of Lake County the opportunity to vote. The City of Minneola approved this Resolution on March 17. Mayor Turville opened the public hearing. The following spoke in support of the request to allow the voters to decide: Scott Blankenship, Jim Purvis and Kasey Kesselring. Mayor Turville closed the public hearing. Council Member Mullins moved to accept Resolution 1610• seconded b~ Council Member Goodgame. The motion passed with all members present votin~aYe" Community Project Council Member Goodgame explained the project is about feeding the hungry people in Clermont. He proposed the City of Clermont participate by furnishing collection bins and delivering to food pantries around the city. Real Life Christian Church has offered to set up a computer database program. Publix and Winn Dixie have agreed to help. There are several food banks in the area. He requested Council move ahead with this project. Mayor Turville stated the reason we are having a public hearing is due to cost. City Attorney Mantzaris voiced concern with the distribution of the collected items to faith based organizations. There is a concern to ensure every faith based organization in Clermont would have the opportunity to receive what is collected on an equal basis. Council Member Mullins suggested the food banks form a cooperative to make it an effort to feed south Lake County. Kathy McGirr requested a community effort. She volunteers at the South Lake Presbyterian Church in the food pantry. She serves up to 500 per month. Faith Neighborhood Center in Groveland gives out food once per month. Council Member Mullins suggested the Community Foundation of South Lake would be a good organization to support this program. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 Council Member Thompson noted placement of the City of Clermont logo makes the program reputable. He agreed with Council Member Mullins on a cooperative to feed south Lake County. Mr. Thompson supported the program and suggested Clermont initiate this program and suggested the other cities to partner with us. Council Member Hogan and Mullins expressed concern with employees collecting. Mayor Turville was not opposed to the program however questioned placement of the city logo on a container. Council Member Thompson suggested publicizing an application process. Jim Purvis suggested Clermont find a way to address this need. City Attorney Mantzaris mentioned it could also be done as a non faith based food bank that has the ability to distribute however they like. Council Member Thompson moved to table• seconded b~Council Member Hogan The motion passed 4 to 1 with Council Member Good a~ me op~osi City Manager Saunders stated he will return at the next meeting with potential workshop dates to discuss it. Ordinance 6l8-Mlntroduction Mayor Turville read Ordinance 618-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Goals, Objectives and Policies of the Capital Improvements Element of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 618-M• seconded by Council Member Hogan. The motion passed with all members present votin~`aye" JPA Review Orange County & City of Clermont Jim Hitt, Planning Director, presented the request. Orange County and the City of Orlando are requesting a rezoning from Agriculture to a Community Facility District (CFD) for the purpose of constructing multiple rapid infiltration basins. There are two sites that comprise just over 1,691 acres are planned to be developed for Rapid Infiltration Basins (RIBs) to take effluent water from Orange County and the City of Orlando. The Lake County Zoning Board recommended both items for denial. The Board felt the existing Interlocal Agreement between Lake County, Orange County and the City of Orlando for Conserv II property, needed updating. The Board stated that Lake County does benefit from the aquifer recharge; however, there were no other benefits to the County for taking someone else's reclaimed water. As part of City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 14, 2009 previous agreements, the citrus growers were given free water, but after expiration of the agreements, they were charged for the water. The Board also felt that the citrus growers deserved consideration for free water, which was part of the original reasoning for Conserv II approvals and the existing RIB system. The City of Clermont currently has a reclaimed water system which is used to supply irrigation water to residents and commercial projects for landscape watering purposes. Staff does feel that coordination of possible use of this reclaimed water should be provided, rather than creating an RIB system of this magnitude. Alan Oyler, Public Works Director for the City of Orlando, was present on behalf of the applicant. He presented the request and answered questions of the Council. Mayor Turville and the Council Members voiced concern with the proposal and spoke in opposition to the request. Mayor Turville opened the public hearing. Kasey Kesselring, representing the South Lake Chamber Board of Director, was present. The Economic Development Committee met to review the request. A letter outlining their concerns was distributed. They requested the City Council recommend denial of both rezoning applications. Council Member Mullins noted he did not vote on that letter although he serves on the Board of Directors. Council Member Goodgame moved that the Clermont City Council resolve to recommend denial of both of these rezoninganplications to the Lake County Commission unless conditions favorable to Lake County citizens are negotiated• seconded bX Council Member Mu33ins. The motion passed with all members present voting_"aye". ADJOURN: With no further comments, this meeting was adjourned at 10:53pm. APPROVED: arold S. Turville, Mayor ATTEST: ~~ ~ a f ~^' ~\ ~G~~` ^~ r i~: ,/ Tracy Ac oyd, City C rk 8