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01-22-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 22, 2013 The Clermont City Council met in a regular meeting on Tuesday, January 22, 2013 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, Bates and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES December 11, 2012 Council Meeting Minutes Council Member Goodgame moved to approve the minutes of December 11, 2012, seconded by Council'Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Jim Purvis,4206 Hammersmith Dnve,read an excerpt from an electronic mail received today from David Holt, the current chair of the Code Enforcement Board. It was in question to a new sound system in the Council Chambers. City Attorney Mantzans noted the city also received the electronic mail. City Manager Gray asked IT Director Don Dennis to look into it Council Member Goodgame requested a new digital system. Tim Murry, 574 E. Desoto Street, recognized individuals on behalf of the Christian Men in Action. He presented certificates of appreciation to Recreation Director Dave Teske, Ted Antone with the Toys for Tots and Police Chief Broadway for their support Mr. Murry read a letter aloud to Chief Broadway on behalf of the President of the Christian Men in Action. Furthermore, he thanked Mayor Turville for his participation in the Martin Luther King celebration as well as Lake County Commissioner Parks for the proclamation presented. PRESENTATION Kathy Till, consultant with the Flonda League of Cities, provided an update to Council on the 2013 Legislative Action Agenda. The session is scheduled to begin March 5 She reviewed several bills as it relates to local government. The first prionty is municipal police and fire pension reform to help cities provide benefits and sustainable plans to contmue to provide benefits to future generations. Under the current system and the state mandates, the opportunity to continue to provide and coupled with the decline in economy makes it difficult for the cities to fund as the cost continues to increase. The Flonda League of Cities is requesting the legislature consider removing mandates allowmg the use of tax dollars locally. They are asking the cities to consider adopting a pension reform resolution. Other pnorities include Economic Development, Communications Services Tax, Business Tax Receipt, water resources and synthetic drugs. REPORTS City Manager Gray reported the City Council Retreat will be held on February 4 at Highlander at 9.00am. A workshop has been scheduled on February 21 at 6 OOpm to discuss the medical plan. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2013 Mr Gray requested the Council select an alternate for the Metropolitan Planning Organization (MPO) Board. Council Member Van Wagner volunteered to be the alternate. Council Member Mullins moved to select Council Member Van Wagner; seconded by Council Member Bates.The motion passed with all members voting aye. City Attorney Mantzans reported the Code Enforcement Board voted to change their meeting start time from 7:00pm to 6:00pm beginning in March. Council Member Bates—No Report Council Member Goodgame reported February is Black History Month and the Histoncal Society will have a reenactment of the Sally and James Townsend play on February 16 and 17 at 2:00pm. He commented the Metropolitan Planning Organization (MPO) should be changed to Transportation Planning Organization(TPO). In Lake County, there are efforts to connect the trails from the east to west coast with an emphasis on the-state to fund. The plan is to extend the South Lake trail from Inland Groves to Groveland and then to tie into the Van Fleet trail. Furthermore, the City of Clermont and Lake County is planning a Sector Plan for 15,000 acres south of Hartwood Marsh Road to include a proposed toll road to run from US Highway 27 to the 429. The intersection of Hancock Road and Hartwood Marsh Road is the only current project Council Member Mullins announced the Clermont Downtown Partnership will have an Art Walk on February 16. There will be a performing artist and appetizers at each store from 5:00pm to 8:00pm. Council Member Van Wagner thanked Police Chief Broadway for being proactive with the citizens in meeting with the subdivisions. Mayor Turville—No Report 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-Stop signs Approve purchase of stop signs for intersection of Mmneola Avenue and Lake Avenue Item No. 2—KaBOOM Playground Grant Approve Letter of Intent and Community PartnerPlayground contract for a playground grant with KaBOOM to partner with the Boys and Girls Clubs of Lake and Sumter counties to build'a playground at West Beach Park Item No. 3—Sidewalk Art Contest Approve request for City to host 7th Annual Sidewalk Clermont Downtown Partnership Art Contest for Apnl 27, 2013 Item No. 4—Congressman Webster Approval of Lease Agreement 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2013 Mayor Turville pulled item 4 for discussion and Council Member Goodgame pulled item 1. Council Member Goodgame moved to approve consent agenda items 2 and 3; seconded by Council Member Mullins.The motion passed with all members present voting ave. Item No. 1 - Council Member Goodgame suggested stop signs with a reflective strip on the post. Mayor Turville requested staff return with a cost. Council Member Mullins moved to approve item 1; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 4 -Mayor Turville questioned if the applicant is aware there would be no access to the building after hours. City Manager Gray stated they will have a staff person available once a week and confirmed they are aware. Council Member Goodgame moved to accept item number 4; seconded by Council Member Mullins.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 5—Traffic Signal City Manager Gray commented this item is a request of the Lake County Board of County Commissioners to participate in funding of a traffic signal at North Hancock Road and Diamond Players Dnve. The estimated cost of the signal is $150,000. The City Council previously heard a presentation at a workshop in November from Lake County Public Works on the long term signalization plan for North Hancock Road. The city previously discussed this item and sent a letter of support to Lake County. Lake County voted for it and then rescinded to do a traffic study. The results did not warrant a traffic light at that location and staff proposed improvements to that area. The residents of Summit Greens and College Park requested the County Commission consider a traffic signal at that location. The discussion was then tabled by Lake County to send to the City of Clermont to request participation in funding. Lake County makes the final decision on approval of the traffic light at the February 12, 2013 County Commission meeting. The funding request is for$20,000. Lake County Public Works Director Jim Stivender provided a brief overview of the traffic study and requested direction from the City Council as it relates to participation in funding. Mayor Turville opened the public heanng. Ginger Martin,2440 Prairie Dunes, spoke in opposition to the traffic light. Jim Purvis, 4206 Hammersmith Drive, spoke on behalf of Jack Hogan in support of a contnbution to a traffic signal. Jim Purvis also supported a traffic signal as it relates to safety and proposed a percentage with a cap on the contnbution amount Anita Hansen, 3720 Eversholt Street, opposed a traffic light. Judy Proli, 1020 Everest Street, expressed support for a traffic light and presented a petition signed by 200 citizens in support of the traffic light. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22, 2013 Darlene Phillips,2504 Castle Pines, spoke in support of the traffic light. Kal Holetz, 2405 Prairie Dunes, in favor of the traffic light. Al Mannella, 1059 Mesa Verde Court, supported a traffic light. Charles Wright, President of the Homeowners Association for College Park, 917 Cornell Avenue, commented there are residents that support and oppose the traffic light. He supported a traffic light. Kenneth Forte, 2924 Highland View Circle, supported the light. Mr Martin, 2440 Prairie Dunes, opposed the traffic light. . Hugo Salvatore, 927 Princeton Circle, in College Park, supported the traffic light. Kathy Odom, 1032 Everest Street, opposed the light and disagreed with circumventing the process if unwarranted. Linda and Harold Chaize, 1110 Everest Street, questioned the cost. Mayor Turville closed the public heanng. Council Member Goodgame proposed reducing the speed limit from 45 mph to 35 mph Council Member Mullins commented Lake County has a list of projects they have deemed more warranted of a traffic signal than this intersection. Mayor Turville supported the request. Council'Member Bates moved proposing to the County we are willing to invest $20,000 on a light; seconded by Goodgame. The motion passed 4 to 1 with Council Member Mullins opposing. Mayor Turville recessed the meeting at 9 15pm; the meeting reconvened at 9.28pm. NEW BUSINESS The next two items were heard concurrently and voted on separately. Item No. 6-Resolution No. 2013-01 Woodwinds Condominium Mayor Turville read Resolution No. 2013-01 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County,Flonda, granting a Conditional Use Permit for a Planned Umt Development for a proposed 108 Umt Condominium Association. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2013 Item No. 7— Variance Request Planning and Zoning Director Hitt presented the request to allow a multifamily residential Planned Unit Development at a density of 10 8 units per acre The applicant proposed to build up to 108 upscale multi- story condominiums to include basement garages. This Conditional Use Permit request was approved in August 2006, September 2008 and October 2010. The market conditions prevented the owner from starting construction within the required two years and each Conditional Use Permit was rendered void. The developer is able to request a maximum density of 12 units per acre by establishing a Planned Unit Development within the High Density Residential future land use district. The applicant proposed to construct 9 residential buildings and will be terraced to cope with the topography of the parcel. The two vanances associated with the proposed project are a parking staff size and building height to exceed 45 feet. Staff recommended approval. Applicant Charles Sharkus was present requesting approval. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Council Member Goodgame moved acceptance of Resolution 2013-01; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved to approve the vanance; 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. 8-Resolution No. 2013-02 Christian Brothers Automotive Mayor Turville read Resolution No. 2013-02 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 an automobile repair center within a C-2 General Commercial Zoning Distnct. Item No. 9- Variance Request Pnncipal Planner Henschel presented the request for an automotive repair center. The proposal is to construct a new 5,200 square foot repair center with 9 bays for service, a sales office, and inventory area for parts. The bays will face west and not Highway 50. The C-2 zoning allows for a wide variety of uses but the proposed use requires a Conditional Use Permit. The applicant is not requesting to perform any major repairs such as engine and transmission replacement or body repairs. All proposed automotive work will be done within the walls of the building. The variance request is for a reduction of required parking from 42 required spaces to 31 spaces Staff recommended approval of the Conditional Use Permit and denial of the vanance request. The Planning and Zoning Board voted and expressed concern with the parking issue. Staff did recommend an additional comment to number 7 on section 2 that in the event parking at this site proves inadequate the City reserves the nght to open the Conditional Use Permit for further review and additional conditions which may include additional parking requirements revocation of the Conditional Use Permit 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2013 Curtis King requested approval and distributed handouts of the conceptual plan. The hours of operation will be 7:00am to 6:00pm Monday through Friday. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins expressed concern with the vanance request. Council Member Van Wagner moved to approve Resolution 2013-02; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Council Member Van Wagner moved to approve the variance; seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 10- Variance Request Clermont Yacht Club Principal Planner Henschel presented the variance request to remove canopy trees that are part of the perimeter right-of-way landscape buffer. The canopy trees that are part of the landscape buffer were permitted to be planted near the buildings within the development. The trees have overgrown the areas where planted and have caused issues within the development. The trees are pruned excessively to not branch out into the adjacent buildings and to allow the city garbage truck to pass by the alley ways in the rear. The total canopy trees to be removed will be 36 oak trees.The applicant proposed to replant 26 trees but not all within the perimeter right-of-way landscape buffer.Nine oak trees are proposed to be replanted within the nght-of-way landscape buffer and 17 Drake Elm trees are proposed to be planted within the development. Overall there will be a deficit of 27 trees that would be missing from the typical right-of- way buffer. The size and variety of the 26 canopy trees to be replanted will meet code requirements. Staff recommended approval of the vanance request. Applicant Ed Kmckman 204 Nautical Mile Drive was present to request approval of removing the trees this year and stage replacement over the next 12 to 18 months to work within the budget. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins agreed to remove the oak trees and suggested alternate locations for planting of trees on the city property between the buildings to provide shade along the trail. City Attorney Mantzans noted the city could do that. Rick McCoy, former Engineer on the project, expressed concern as it relates to the retention wall Council Member Mullins suggested tabling for research of alternate landscaping. City Attorney Mantzans noted when a permit is pulled to remove a tree; the applicant has to replace the tree. He suggested tabling for 30 days. Council Member Van Wagner disagreed to table for 30 days City Manager Gray remarked if the request is granted, staff will work with the applicant 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22, 2013 Council Member Van Wagner moved to approve the vanance and to work with staff, seconded by Council Member Bates. Mayor Turville noted the intent of the motion is to have staff work with them. The motion passed 4 to 1 with Mayor Turville opposing_ Item No. 11— Variance Request Tower Medical Center Principal Planner Henschel presented the request to install a temporary mobile PETCT scanner in the rear parking lot located at the northwest corner of Highway 27 and Citrus Tower Blvd. The mobile PETCT scanner is housed within a 53 foot trailer that can be moved to various locations where needed.This use is not allowed per code which requires all uses to be m an enclosed building. The mobile unit will also take up to 4 of the existing 67 parking stalls on site while in use. The 4 parking stalls will remain functional while the unit is moved off site. Staff recommended denial Applicant was present.Rick McCoy was present to-request approval. Mayor Turville opened the public hearing.,There were no comments. Mayor Turville closed the public hearing. Council Member Mullins questioned what it would be used for. Mr. Arnold representing Tnumph Radiology explains it helps to diagnose pre-stage and stage cancer and Alzheimer's disease. The trailer has no advertising on it. It is a shared service and will be traveling to different locations. Pnncipal Planner Henschel noted the city did not receive any comments from nearby residents Mayor Turville questioned the number of days and times it would take to set up. Mr. Arnold responded it will be in place three days per week. The exact time of day has not been determined. It will take approximately 30 to 45 minutes to-set up the unit. The Council questioned the visibility of the mobile unit. Mayor Turville expressed concern with the request and suggested tabling. Dr. David Allyn, Applicant, noted the community has not objected to the vanance request. The mobile scanner does provide valuable life saving services to the citizens of Clermont and helps to ensure their health,welfare and safety. It is a beneficial service needed in the community in addition to providing jobs. This advanced technology is necessary and requested approval. Planning and Zoning Director Hitt commented the proposed location was the least obtrusive on the site. Council Member Mullins suggested restricting the hours and days and placing a sunset on it Council Member Van Wagner concurred with the suggestion. Council Member Goodgame suggested moving it to the south to be away from the condominiums. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2013 Rick McCoy noted it would be more challenging grade wise but could be done. Council Member Van Wagner suggested language if this becomes an issue, it can be moved. City Attorney Mantzaris suggested a sunset provision mstead as it will be easier to enforce. Furthermore,Mr. Arnold noted it will not generate a lot of noise. Council Member Goodgame made a motion to move the PETCT scan to the south end of the building on the back side; they cannot bring it in or out from 7 OOpm to 7:00am and allowed to lose 6 parking places and it is good for one year; seconded by Council Member Mullins. Council Member Mullins clanfied the one year would begin when it is operational The motion passed 4 to 1 with Mayor`Turville opposing. Item No. 12—Historic Village Council Member Goodgame commented the South Lake Histoncal Society is interested in having a chapel on the site. This is a location request for the City Council. Furthermore, it would provide revenue for the Histoncal Society and would be a great asset to the village and the City of Clermont. Council Member Mullins suggested the Council decide how much land to dedicate to the Histonc Village and approve a master plan. Mayor Turville concurred and suggested placing on the retreat agenda. City Manager Gray noted the item will be placed on the retreat agenda. Item No. 13—Ordinance No. 2013-03 Introduction Mayor Turville read Ordinance No. 2013-03 aloud by title only. An Ordinance of the City of Clermont, Lake County, Florida, adopting an Interlocal Service Boundary Agreement between Lake County, the City of Groveland, the City of Minneola, the City of Clermont, the City of Leesburg, the Town of Howey-in-the-Hills, and the City of Mascotte; providing for severability,conflict, and effective date Council Member Mullins moved for the introduction of Ordinance 2013-03; seconded by Council Member Goodgame.The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 11.30pm. APPROVED: i,'.- / Harold S Turville,Mayor ATTEST: ALAI Tracy Ackroyd, Ci tf Clerk 1 8