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08-28-2012 Regular Meeting 1 f City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 The Clermont City Council met in a regular meetmg on Tuesday, August 28, 2012 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 I present were City Manager Saunders,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES 1 Approval of minutes of the Special City Council meeting of July 30, 2012 Council Member Goodgame moved to approve the minutes of July 30, 2012 as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Sean Parks, spoke as a resident of Lake County, requested the City Council include rowing as part of the master plan for Clermont's Waterfront by sending a letter to Lake County Tourist Development Council Chairman Welton Cadwell and the County Commission to inform of Clermont's interest in growing as a strategic initiative for planning purposes. The following spoke in support of the request: Adam Ashton, Sports Development Coordinator for Lake County; Allison Strange, Founding Director of the Lake County Rowing Association; Tom Feaster, Director of United States Rowing Association; Aaron Hosman, 239 Hunt Street, Mark Graff, 1944 Brantley Circle, Kat Hiatt, 341 W. Montrose Street; Debbie Kelly,President of the Lake County Rowing Association; and Ann Dupee, 389 Division Street. Council Member Goodgame disclosed that he and City Manager Saunders met with Sean Parks and Scott Blankenship to discuss and will support the request. Council Member Goodgame moved to have City Manager Wayne Saunders write the letter Sean has requested to Welton Cadwell from the TDC with copies to each of the County Commissioners showing our support for going forward and learning more about this whole venue and how the city and the county can work together to make it happen; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 7.28pm;the meeting reconvened at 7:33pm. 4 Drew Abel, Standard Pacific Homes, requested temporary traffic bamers to keep traffic out of an active ( construction zone m the vicinity of Hartwood Marsh Road and Hancock Road. Mayor Turville questioned taking temporary action to help with the problems with the school and traffic associated with the school. s ,), { 1 . City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 City Attorney Mantzans noted staff can take action on a temporary basis and place on an agenda for Council to confirm. Council Member Goodgame moved to allow Pacific Builders to close the entrances at Kings Ridge Boulevard and Hartwood Marsh Road to the public for public safety reasons until it comes back to the Council for further consideration. With the County to begin construction work on Hancock and Hartwood Marsh Road, it is imperative for public safety, seconded by Council Member Mullins for discussion. Council Member Mullins questioned whether closmg the road would make it worse. Interim Chief Broadway stated once the road is closed, it may cause more traffic congestion. It would alleviate congestion if the school would stagger the times the kids are released from school. Council Member Goodgame called for the question. The motion passed 3 to 2 with Council Members Mullins and Van Wagner opposed. City Attorney Mantzans clanfied staff will return with this issue Greg White, 2620 Ledgemont Court, President of South Lake Little League, received a letter to remove sponsorship signs and to only have one sign with named sponsors He requested use of the signs City Manager Saunders stated it is a policy that has been in place years ago regarding advertising of city fields.The request can be brought to Council to amend it Mayor Turville asked staff to bring back to Council to place on the agenda. Maine Weber expressed concern with the euthanizing of animals at the Lake County Animal Services Haley Weber commented she spoke before the Lake County Board of County Commissioners in regards to elirninatmg unnecessary euthanasia. She encouraged offering low cost adoption fees and spay/neuter services as offered by surrounded counties. She requested the City Council adopt a resolution or send a letter to Lake County in support of this request and has received support from surrounding cities. Council Member Mullins moved to prepare a resolution to encourage the county to adopt spay/neuter programs to decrease the animal population in Lake County: seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Joe Wynkoop, Town of Montverde President of Council, introduced an idea regarding a food drive effort to aid the community. They have implemented a program for Montverde residents to voluntarily round up their water bill to the nearest dollar with the funds donated to the South Lake Community Foundation Then,the South Lake Community Foundation gives 100 percent of the proceeds to other organizations in Montverde to feed families in the community. Council Member Goodgame agreed that it is a great program and would like the city to participate in a similar program. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 28,2012 City Attorney Mantzans stated he will contact the Montverde Attorney and determine whether an ordinance or resolution is needed to return to Council. Mayor Turville suggested contacting the South Lake Community Foundation. They will be meeting on Thursday. Council Member Goodgame will be attending the meeting City Manager Saunders stated staff will venfy the course of action for Council's consideration. Charlene Forth, 939 W. Desoto Street, expressed concern with documents found regarding Officer Loughnan. City Attorney Mantzans stated there is an existing active investigation into this officer being conducted by the Lake County Shenff's Office. The documents presented would have to be given to the City Clerk as the documents have been altered with handwntten notes. REPORTS City Manager Saunders—No report City Attorney Mantzans—No report Council Member Hogan—No report Council Member Goodgame—No report Council Member Mullins reported that Cecelia Smith with the Lake County Tounsm Development has moved on and her replacement is Emily Thompson to represent south Lake County Council Member Van Wagner—No report Mayor Turville received correspondence from the Lake Community Action Agency asking for a proclamation or resolution of support. Council Member Goodgame so moved; seconded by Council Member Mullins. The motion passed with all members present voting aye 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—Event Request Request to extend the Food Truck event for Clermont Downtown Partnership thirteen more dates, Nov. 2"d, Dec. 7th, Jan. 4d', Feb. 1st, Mar. 1st, Apr. 5d', May 3`d, Jun. 7d', Jul 5th, Aug. 2nd, Sept. 6th, Oct. 4th, &Nov. 1st, from 5:30 p.m. to 9:30 p.m. at the same location with same city support as previous events. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 28,2012 Item No. 2—Event& Fee Waiver Request Request for waiver of staff&rental fees for South Lake Tea Party Waterfront Park & Pavilion to host a Restonng America's Hentage event on October 7th from 12.00 p.m.to 7:00 p.m. Item No. 3 Approval Request Request approval to reject all RFP responses Purchasing Division to furnish and install a 50-ft tall barrier net at Bishop Park and re-issue the solicitation Item No. 4—Approval Request Request to approve ranking results of firms for purchase of utility billing software. Item No. 5—Bid Award Request authorization to award Allstate Paving, Inc the bid to provide pavement resurfacing services for various city maintained streets, and approve contingency cost of $24,793 50 for additional street repairs Item No. 6—Fee Waiver Request Request waiver of permitting fees to host their Real Life Christian Church Fall Festival from October 25th through October 27th from 3:30 p m. to 10:00 p.m Item No. 7—Agreement Approval Request approval of agreement for Bonjorn Bonjorn Property Purchase property purchase. Item No. 8—Approval Request Request for City to pay for street light College Park Community installation charges and monthly fees. Item No. 9—Proposal Agreement Proposed Agreement for Construction Ajax Building Corporation Management Services for new Police Department building Item No. 10— Interlocal Agreement Agreement with Lake County providing for mutual cooperation in negotiating with Orange County and/or City of Orlando regarding Consery properties. Item No. 11— 2012 Primary Election Results Acceptance of Official results of the Primary Election held on August 14,2012 provided by the Lake County Supervisor of Elections. City Manager Saunders pulled item 7, Sid Van Landingham pulled item 2 and Council Member Mullins pulled item number 6. Council Member Goodgame moved to approve the consent agenda with the exception of items 2, 6 and 7; seconded by Council Member Mullins. The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 Item No 2 -Sid Van Landmgham requested approval for a waiver of all fees for an event on October 7. The Council discussed charging cleaning and set up fees as it relates to the direct costs of city staff. Council Member Goodgame moved that Restoring America's Heritage event item 2 be charged $325 for the use of the Pavilion and Highlander Hut; seconded by Council Member Hogan.The motion passed with all members present voting aye. Item No. 6 -Council Member Mullins disagreed with waiving the fee for tent inspection A representative from Real Life Christian Church was present requesting approval to waive the fee for inspection of the tent.There is no cost for anyone to attend and the church does not profit from the event ` City Manager Saunders stated the fee is $109 Council Member Van Wagner moved to waive all fees as requested; seconded by Council Member Goodgame The motion passed 4 to 1 with Council Member Mullins opposing. Item No. 7 —City Manager Saunders clanfied if the Council decides to purchase as recommended, there will need to be a budget amendment later in the year to fund this out of reserves. Staff recommended approval noting it would be beneficial to the city. Mayor opened the public heanng. Ann Dupee, 389 Division Street, questioned the location. Mayor Turville noted it is between West Beach and the boat ramp. Mayor Turville closed the public heanng. Council Member Goodgame moved for the approval of item 7; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 8:46pm; the meeting was reconvened at 9:02pm. NEW BUSINESS Item No. 12—Inland Groves Property Park City Manager Saunders introduced the Inland Groves property project. There was a workshop and public meeting for the public and Council to give comments. The consultants are present with a revised plan as a result of the meeting. Staff requested approval of the overall master plan and specifically asking for approval of Phase 1. The overall master plan can change. The city received grants for this project and has time constraints therefore will need to move forward with phase 1. Then, the city can proceed with the scope of services to begin construction early next year Jay Hood, Aecom, provided a brief overview of the overall master plan for the Inland Groves park. He reviewed the Phase 1 program grant items and support facilities as well as the revised architectural elevations in the Lakeside restroom building and Inland restroom building 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 Council Member Goodgame moved to approve the overall master plan and specific approval of Phase 1 to move forward with detailed plans; seconded by Council Member Mullins Ann Dupee questioned the size of a dog park. Jay Hood stated there is one acre for small dogs and two acres for larger dogs. The motion passed with all members present voting ave. Item No. 13— Variance Request South Lake Connector, LLC Planning and Zoning Director Hitt presented the request to allow grading without site development and construction through off-site storage of soil matenals rather than none. There were four negative findings and staff recommended denial of the vanance request. Jimmy Crawford was present on behalf of South Lake Connector, LLC The grading plan requested is the same plan previously approved by the Council. The proposal is to move the dirt across the road rather than off site. The movement would be at night for 4 to 5 nights from 9pm to 5pm and would meet the Department of Transportation requirements of traffic. He responded to the negative findings. Bnan Potts, PE, Civil Engineer of the project, stated he received a permit from St. Johns River Water Management Distnct to move the dirt; met with Lake County and worked through options to move the dirt with approval contingent on approval from the City Council. He further explained the planned traffic movement. Mayor Turville opened the public heanng. Jim Purvis,4206 Hammersmith Dnve, supported the request. Mayor Turville closed the public heanng. Council Member Goodgame suggested building a swell toward the lake with sod on it. Mayor Turville questioned an acceptable slope to manage the site. Planning and Zoning Director Hitt recommended a 4 to 1 slope. Council Member Goodgame moved for approval of the vanance request of item 13 with the fill material to be kept to a maximum of a 4 to 1 slope and there will be a sprayer or whatever it takes to stabilize the soil so it does not blow and build a swell with sod on top of property line toward the lake, the swell will be on the uphill side of the wetlands line so there will be nothing done near the wetland]me other than the swell as it should be out of the floodplain; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 14— Variance Request Singh & Ganesh Planning and Zoning Director Hitt presented the request for two vanances at 762 S. Waterview Drive. The variances are to allow for greater than 55 percent impervious surface coverage for residential development and to allow no side yard landscape buffer,rather than a five foot setback. 6 { City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 This home has completed a major renovation adding a second story with a stair walkup. Dunng the renovation, staff met with the applicant and conveyed that the driveway could not be extended to the side lot line which would be m violation of the Land Development Code The applicant did extend the dnveway the entire length of the lot from S. Waterview Dnve to the unimproved Hill Dnve to the south The required landscape buffer was eliminated and the overall impervious surface was increased from 54.9 percent to 67 percent. The Land Development Code requires a maximum 55 percent for residential lots. Impervious surface coverage decreases the amount of water penetration into the aquifer and water table, and increases the amount of actual runoff into the storm water system rather than simply retaining it on the property. The knee wall could remain and a sidewalk could be placed to provide access to the walkup stairs. As a result of this, it affects the environment and the City's storm water system Staff's review found all 8 findings to be negative and recommended denial. The applicant, Deowattie Singh, was present. He presented a letter in support of the request and encouraged Council to grant the vanances. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Mayor Turville and Council Member Goodgame expressed concern with the applicant doing the work before receiving approval. The applicant stated he was not informed by staff that it was not permitted and he received a valid permit. Planning and Zomng Director Hitt explained he appeared at the residence on Apnl 29, 2012 stating it was not a permitted use. Council Member Van Wagner suggested giving the applicant time to produce the document in question. Mayor Turville suggested tabling the item. Council Member Goodgame moved to table to September 11 to allow the applicant to bring forth the document referring to; seconded by Council Member Mullins. The motion passed with all members present voting aye. The next two items were heard concurrently and voted on separately. Item No. 15—Resolution No. 2012-27 Mayor Turville read Resolution 2012-27 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 automobile tire and repair center within a C-2 General Commercial Zoning District. Item No. 16— Variance Request Tires Plus Principal Planner Henschel presented the Conditional Use Permit for an automotive tire and repair center. The proposal is to construct a new 8,866 square foot tire and repair center with 10 bays for service,a sales office, and inventory area for tires and parts. The bays will face west and not Highway 50. The building 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 will be located where the former Pollo Tropical restaurant was operating. The existing building will be leveled to make room for the new tire and repair center building The C-2 zoning allows for a wide vanety of uses but the proposed use request a Conditional Use Permit All proposed automotive work will be done within the walls of the building Staff recommended approval of the Conditional Use Permit as it is consistent with the uses in the area Principal Planner Henschel reviewed the vanance request to allow for 35 parking spaces rather than the required 47 parking spaces for an automotive repair service center Staff recommended denial of the variance request to allow the 10 service bays to count toward the overall parking requirement. Steve Meier,was present on behalf of Tires Plus Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng Council Member Goodgame moved for the approval of Resolution 2012-27; seconded by Council Member Mullins. Under discussion, Council Member Hogan commented he would like to hold the applicant to the one sign per code. The motion passed with all members present voting aye. Council Member Goodgame moved for the approval of the vanance request for item 16; seconded by Council Member Mullins. The motion passed with all members present voting aye. The next two items were heard concurrently and voted on separately. Item No. 17—Resolution No. 2012-28 Mayor Turville read Resolution No. 2012-28 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit amendment(Resolution No. 1508 for a church facility)to allow for additional buildings over 20,000 square feet and to all for a recreation facility/area Item No. 18— Variance Request Real Life Request Principal Planner Henschel presented the Conditional Use Permit amendment request to allow for additional buildings over 20,000 square feet and to allow for a recreation facility/area. The revised site plan is for additional buildings, a parking garage, and a large recreational area with ball fields. Field use will be limited to Real Life ministry related purposes. Operation of the ball fields will be between the hours of 8am — 9pm Monday through Thursday, 8am — 10pm Friday and Saturday and 10am — 9pm Sunday. Conditions in Resolution 2010-24 pertaining to parcel C 1 shall remain effective. Mr. Henschel reviewed the vanances requested to mclude a parking vanance to allow additional grass parking; to allow a retaining wall to exceed 6 feet in height; to allow for a grading cut to exceed 15 feet and to allow an additional monument sign for a third nght-of-way. Staff recommended approval of the requests. They did submit architectural rendenng and it matches what is currently on the site 8 4 t City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 Mark Montemayor, 1375 Bnar Haven Lane, was present on behalf of Real Life Christian Church requesting approval and was available for questions. Mayor Turville opened the public heanng. There were no comments Mayor Turville closed the public heanng Mayor Turville expressed concern with the vanance for a grading cut. Principal Planner Henschel distnbuted letters of support for approval of the request. Council Member Hogan moved to approve Resolution 2012-28; seconded by Council Member Goodgame. Under discussion, Council Member Van Wagner inquired about extending the permit beyond two years. The applicant stated he would like additional time to complete the project. Council Member Hogan amended the motion to reflect three years, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Goodgame moved for approval of the vanances; seconded by Council Member Hogan. Under discussion,Mayor Turville expressed opposition. The motion passed 4 to 1 with Mayor Turville opposing. The next two items were heard concurrently and voted on separately. Item No. 19—Resolution No. 2012-29 Mayor Turville read Resolution 2012-29 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County,Flonda, granting a Conditional Use Permit to allow a mixed use site for a single family residence and a commercial outdoor ice machine and vending machines in a C-1 Light Commercial Zoning District. Item No. 20— Variances Request Carla Childs Planning and Zoning Director Hitt presented the request for a Conditional Use Permit to allow a mixed use for a single family residence and a commercial outdoor ice machine and vending machines m a C-1 Light Commercial Zoning Distnct. There are two vanances requested associated with the request. One is to allow for outdoor storage and display from public streets and a reduction of landscape buffer trees and shrubs. Staff recommended approval of the Conditional Use Permit and recommended denial of the variances requested with three negative findings. Applicant, Carla Childs,492 Chestnut Street, was present to request approval. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING August 28, 2012 Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith Dnve, supported the request and recommended the city have the first nght of refusal as the property abuts the Fire Department. Mayor Turville closed the public heanng. The Council supported the request. Council Member Mullins moved to approve Resolution 2012-29, seconded by Council Member Hogan The motion passed with all members present voting aye. Council Member Mullins moved to grant the vanances requested; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. Item No. 21—Employment Agreements Administrative Services Director Van Zile stated Wayne Saunders'current voluntary retirement agreement provides reassignment to an employee with consulting responsibilities January 1, 2013 until January 1, 2014 when he would retire. In an effort to facilitate the hiring of a new City Manager pnor to January 2013, Mr. Saunders has agreed to revise his retirement agreement. Mr. Saunders will be reassigned as an employee with consulting responsibilities on October 15, 2012 and serve in that role until May 27, 2013 when he will retire from the city and receive his severance payment. The revised retirement agreement will save the city approximately $41,000 due to the reduced timeframe in serving as a reassigned employee. He will receive a 20 weeks' severance payment. Mayor Turville noted there is not a public heanng as this is between the City Council and its perspective employees. City Manager Saunders is m agreement with the agreement Administrative Services Director Van Zile reviewed the employment agreement with Darren Gray. It provides for him to begin employment on October 15,2012. The agreement is similar to the previous City Manager employment agreement with the exception of additional vacation and personal day leave benefits. Mr. Gray has indicated acceptance of the agreement. Council Member Goodgame moved for the approval of Mr. Saunders amended agreement and Darren Gray's agreement as City Manager; seconded by Council Member Mullins.The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 11:10pm APPROVED: 4i9_ _ - • 4:aarro d S. Turville,Mayor - ATTTESTg ,. 4 � 1` w r - Tracy • kroyd, City Cif , '`+ ' ' . , , 10 �t4ttttet��`t too,