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11-29-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 The Clermont City Council met in a regular meeting on Tuesday, November 29, 2011 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members` Mullins, Goodgame, Hogan and VanWagner. Other City officials present were: City Manager Saunders, City Attorney Mantzans and City Clerk Ackroyd INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. OATH OF OFFICE City Clerk Ackroyd administered the Oath of Office to Council Member Goodgame for Seat 2 and Council Member Mullins for Seat 4. MINUTES Council Meeting minutes of October 25, 2011 Council Member Goodgame moved that the minutes of the regularly scheduled meeting of October 25, 2011 be approved as wntten; seconded by Council Member Mullins. The motion passed with all members present voting aye. " Council Meeting minutes of November 8, 2011 Council Member Goodgame moved that the minutes of the regularly scheduled meeting of November 8, 2011 be approved as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street,,invited everyone to attend the Light Up Clermont event this weekend Enk Strange, President of the Clermont Firefighters, requested the city remove the $75 limit on uniform boots with the overall uniform amount not exceeding the total of $375. He inquired if the city would be willing to open Article 39 of the contract to amend this for the firefighters. City Manager Saunders was not opposed to the _suggestion however does have a position that this has to be negotiated as part of the contract. This should be included in any bargaining meetings to amend the contract. If council is interested in doing this, it would need to be placed on an agenda. Negotiations will be starting in the next few months on the contract. The following spoke expressing concern with staff and requested an outside investigation in regards to the Police Department and requested the resignation of the City Manager and the Police Chief. Jenny Monath, Allison Auld; Kimberly Meintzschel, Charlene Forth, 939 W. Desoto Street; and Tippy Peek Jim Purvis, 4206 Hammersmith Dnve, thanked city staff for making the City of Clermont look so beautiful this time of year. Charlene Forth expressed concern with a local chanty collecting toys in place of Toys for Tots. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 Debbie Carlucci expressed concern with the comments made against the Police Department. Cuqui Whitehead, 837 5 Street, commented the Kiwanis Club has collected toys and distributes to the children in this area. Tim Murry, 574 E. Desoto Street, stated the Clermont Police Department and the Lake County Sheriffs Office will be playing a benefit basketball game on December 6 at 6:30pm at Clermont Elementary. The admission is a toy and will be going to the Christian Men in Action for distribution to local children. Council Member Goodgame addressed the concerns of Ms. Forth noting the intent of the South Lake Foundation is to collect and distribute toys to children in south Lake County. Lorinda Haas, 788 W. Lakeshore Drive, commended Council Member Goodgame and supported the efforts of the South Lake Community Foundation for collecting toys for the south Lake County area. Tim Murry noted the South Lake Community Foundation gave a $2,000 grant to the Christian Men in Action this year. At least $1,250 of the amount received will be spent toward the purchase of toys. REPORTS City Manager Saunders reported on a letter recently received from Dr. Mojock, President of Lake Sumter Community College. They are in the process of striving to convert to a 4 year degree college. He requested letters of support and asked if the Council would be interested in sending a letter. The Council agreed to send a letter and would like to send personal letters as well. City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame reported on attending a committee meeting of the Lake EMS. They will be recommending reinstatement of the ambulance at Fire Station No. 3 for a six month period to give time to find other cost saving measures to keep it full time. Also, Mr. Goodgame sent a letter to Publix in regards to the new Jenkins building inquiring about keeping the Jenkins name on the building. He received a response letter from Publix indicating they have no funds for anything of that nature. Council Member Goodgame requested discussing a name for the new building at the next Council Workshop. Council Member Mullins — No Report Council Member Van Wagner commented on taking care of the needs of the people in the community. Mayor Turville inquired about the Lynx site. City Manager Saunders noted they are in the process of expanding it 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 Item No. 1— Resolution 2011 -23 Amend City's adopted budget for fiscal year 2010 -2011. Item No. 2 — Bid Award Request authorization to award TB Landmark Purchasing Division Construction, Inc. the bid to provide directional bore drills of City's service areas. Bern No. 3 — Approval Request Approve contract between AECOM Technical Services, Inc. and the City to provide on call services for passive and recreational parks Bern No. 4 — Approval Request Approve contract between Safety Shoes Purchasing Division Distributors, LLP and the City to provide safety shoes and boots Bern No. S — Approval Request Approve contract between Ajax Building Purchasing Division Corp. and the City to provide construction manager services for the Jenkins Replacement. Item No. 6 — Purchase Approval Request authorization to purchase 1 MSA Fire Department 5600 Thermal Imaging Camera for $3,500 from the MSA Corporation using funds from the "Donated Money Account ". Bern No. 7 — Cancellation of Council Meeting Request authorization to cancel the December 27, 2011 Council Meeting. Erik Strange requested to pull Item No. 4 and City Manager Saunders pulled Item No. 2. Council Member Mullins moved for the acceptance of consent agenda items 1, 3, 5, 6 and 7; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 4 - Erik Strange questioned whether it is for a city wide boot policy. City Manager Saunders confirmed it is city wide. Item No. 2 — City Manager Saunders clarified the incorrect name of the company was listed as the low bid. The contract was from TB Landmark Construction Inc Council Member Mullins moved to accept consent agenda items 2 and 4; seconded by Council Member Goodgame The motion passed with all members present voting "aye" Mayor Turville announced two agenda items have been requested to be tabled to December 13. Council Member Goodgame moved that Item Number 12 be tabled to December 13; seconded by Council Member Mullins The motion passed with all members present voting "aye ". 3 City of Clermont ' MINUTES REGULAR COUNCIL MEETING November 29, 2011 Council Member Goodgame moved that Item Number 13 variance request be tabled to the December 13 meeting; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS The next three (3) items were heard concurrently and voted on s Item No. 8 — Ordinance 2011 -13 -M, Final Hearing Mayor Turville read Ordinance 2011 -13M 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. Item No. 9 — Ordinance 2011 -14 -M Final Hearing Mayor Turville read Ordinance 2011 -14M 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, effective date, and publication Barbara Hollerand, Assistant to the City Manager, presented the requests for the Clermont Retirement Residence project at Celebration of Praise church. The subject property is a vacant 5.54 -acre parcel west of U.S. 27 and south of Hammock Ridge Road on an undeveloped portion of the church's 50 -acre property. The applicant's intent is to develop a 125 -suite retirement residence. The owner is Church of God — Celebration of Praise. The applicant is adjacent to Legends residential subdivision to the west and south. To the north, the property abuts the undeveloped Tuscany Village commercial center. Two of the requests are for the small -scale comprehensive plan amendment to change the Future Land Use from Public Facilities /Institutional to High Density Residential and a rezoning request to change from R -1 Single- Family Medium Density Residential to R -3 -A Residential/Professional. In the comprehensive plan, independent living facilities are allowed in four categories. The least - intensive of these is High Density Residential, followed by Mixed Use, Office and Commercial. Staff recommended the High Density Residential land use and the compatible zoning of R -3 -A Residential/Professional because of the location. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 The church previously made requests for future land use changes in 2007 and 2010 to allow for senior living facilities. In the 2007 application, the property owner requested a large -scale comprehensive plan amendment to allow assisted living, independent living and skilled nursing facility uses on the 50 -acre property. The request was later denied by the City Council at the adoption hearing. In 2010, the property owner made a large -scale amendment request to change 16.5 acres from Public Facilities/Institutional to High- Density Residential to develop a 100 -bed assisted living facility and to construct 140 assisted senior apartments. That request, on a portion of the church property that abutted the Legends subdivision, was withdrawn by the applicant. The application for the subject property proposes a smaller development, located away from the adjoining residential properties and centrally located on the Celebration of Praise site. The church maintains property as a buffer to the west (along with a 350- foot -wide tree buffer), to the south (the church itself) and to the east (vacant land). To the north is the approved Tuscany Village commercial development. The remainder of the Celebration of Praise site will continue to be church property to be developed in accordance with the Land Development Code. Access to the site is from internal driveways connecting to U.S. 27 and Hammock Ridge Road A transportation impact analysis will have to be completed and approved as part of the site plan approval process. The property qualifies for the small -scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Economic Opportunity or the reviewing agencies. It will be final 31 days after adoption. The request is smaller in scale, adequately buffered from residential and is sited appropriately, adjacent to commercial future land uses. Staff recommended approval of the Future Land Use Map change and approval of the rezoning to R -3 -A. The Planning and Zoning Commission on November 1 unanimously recommended approval of the rezoning and small -scale amendment. NEW BUSINESS Item No. 10 — Resolution 2011 -22 Celebration of Praise Clermont Retirement Residence Mayor Turville read Resolution 2011 -22 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 retirement residence facility within an R -3 -A Residential/Professional Zoning District. Planning and Zoning Director Hitt presented the Conditional Use Permit request to allow a Retirement Residence facility within an R -3 -A Residential/Professional Zoning District. Staff recommended approval. Applicant, Michael Fuller from Lenity Group LLC, was present to answer questions. Mayor Turville opened the public hearing. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 The following residents expressed concern with the proposed request as it related to noise and delivery and emergency vehicles and suggested a buffer: Ed Lupoli, 3854 Beacon Ridge Lane; Steve Perry, 3655 Liberty Hill Drive; Mark Haney, 1124 Glen Raven Lane; Maxine Edghill, 1570 Misty Glen Lane; Ms. Lupoli, 3854 Beacon Ridge Way; Terry Eckart, 1490 Misty Glen Lane; and Jim Purvis, 4206 Hammersmith Drive. Chris Dutruch, Pastor of Celebration of Praise, addressed the concerns of the residents. Planning and Zoning Director Hitt addressed the landscape buffer questions. Mayor Turville closed the public hearing. Mayor Turville suggested conditioning the request that the building has to appear as presented in the application. Council Member Goodgame inquired about trees on the south end of the property. City Manager Saunders noted the original Conditional Use Permit required the buffer and will make sure it does meet the city code. Council Member Goodgame moved for the approval of Ordinance No. 2011 -13 -M; seconded b Council Member Mullins. The motion sassed 5 to 0 on a roll call vote Council Member Goodgame moved for the approval of Ordinance No. 2011 -14 -M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Council Member Goodgame suggested approving Resolution 2011 -22 with the requirement that deliveries or pick up will not occur before 8am or after 6pm; signs instructing traffic to exit onto Hammock Ridge Road and buildings to be constructed to appear as the plans presented. City Attorney Mantzaris noted item 8 in section 1 of the Resolution has language requiring the project to be designed in accordance with the plans presented at the preliminary site review meetings and public hearings. Council Member Goodgame moved to approve Resolution 2011 -22 with addition of the requirements that the deliveries and pickups not occur before 8am or after 6pm in the evenings and signs be installed directing traffic to exit onto Hammock Ridge Road, seconded by Council Member Hogan. City Attorney Mantzaris stated this will only apply to this Conditional Use Permit which only applies to this development. Council Member Goodgame clarified the motion. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 Council Member Goodgame moved for approval with the requirement that deliveries and ' .icku.s shall not occur before 8am or after 6.m for commercial deliveries and .icku.s and there will be signs directing traffic to exit onto Hammock Ridge Road from the facility; seconded by Council Member Hogan The motion passed with all members present voting "aye ". Mayor Turville recessed the meeting at 9:21pm. The meeting was reconvened at 9:36pm. Item No. 11— Variance Request Lynn Van DDS Principal Planner Henschel presented the variance request located at 3185 Citrus Tower Blvd The request is to allow less than 1 parking space for 200 square feet for office use. The applicant proposed to construct a 1,000 square foot addition within the Lost Lake Office Park. The existing office park is completely built out and has maximized the office square footage to match the required parking space. There is a total of 50,000 square feet requiring 250 parking spaces. The original developer only provided the minimum amount of parking stalls on site. The applicant requested to combine two of the buildings together for their rapidly growing business. The space between the two buildings is 1,000 square feet and would require an additional 5 parking stalls. The office park does not have any additional room to provide for the 5 parking stalls on site. The Land Development Code requires a positive finding on all eight items in order to grant a variance. There are two of the eight that do not meet the findings therefore staff recommended denial of the variance request. Michael Latham, Gatorsktch, was present on behalf of the applicant. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville inquired if there are currently any parking problems. Dr. Lynn Van, owner, responded that parking is not overflowing; she and her husband own the adjacent building. Council Member Mullins moved to grant the variance as requested; seconded by Council Member Goodgame The motion passed with all members present voting "aye ". Item No. 12 — Resolution 2011 -21Bob Thompson This item was tabled to December 13, 2011. Item No. 13 — Variance Request Bob Thompson ' This item was tabled to December 13, 2011. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING November 29, 2011 Item No. 14 — Agreement Approval City Manager Saunders reported there is $1.5 million in the Community Redevelopment Agency (CRA) budget this year. This is for the next phase of the streetscape project in conjunction with the Jenkins Replacement Building. Staff has been working with Progress Energy The first step is to place the power lines underground. The total cost is within our budget and requested council approval to move forward with Progress Energy for the first step of this project. Also, proposing additional street lighting and power facilities for events as requested by Council. Furthermore, this includes those new services to the existing homes. Mayor Turville opened the public hearing. Wally Herda stated Progress Energy is now called Duke Energy. Mayor Turville closed the public hearing. City Manager Saunders clarified Progress Energy is owned by Duke but still operates by Progress Energy in this area. Council Member Mullins moved to enter into the agreement approval with Progress Energy to relocate power lines to retro fit existing services; seconded by Council Member Hogan The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 9:50pm. APPROVED: arold S. Turville, Mayor ATTEST: Tracy Ac d, City Clerk 8