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03-25-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 25, 2014 The Clermont City Council met in a regular meeting on Tuesday, March 25, 2014 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 Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Ackroyd read the proclamation aloud declaring Beta Sigma Phi Founder's Day as May 3, 2014. Mayor Turville presented the proclamation to Sally Wolfe. Mayor Turville read the proclamation aloud declaring April 2014 as Safe Digging Month. Kathy Thrash was present to accept the proclamation and thanked Environmental Services Director Kinzler and his staff. Mr.Kinzler thanked Ms.Thrash for training staff on safety. Mayor Turville read the proclamation aloud declaring Apnl as Water Conservation Month. Environmental Services Director Kinzler accepted the proclamation and highlighted the significance of water conservation. PUBLIC COMMENTS Wally Herda complained about a company that cuts trees for Duke Energy and recommend they notify city staff when they will be trimming trees. Gail Ash expressed concern regarding a recent article stating the City would not be charging a fee to use the future Splash Park. City Manager Gray stated the City had not made a decision regarding a use fee. Council will discuss the issue in the future. Ms. Ash requested the City consider the need for a senior center. REPORTS City Manager Gray stated he expressed Council's concern to Lake County regarding public input at the Apnl 22, 2014 joint workshop session to discuss the proposed sector plan. The County's consultant is making modifications to the plan and requested to give a presentation to the County and the City at a meeting and follow up with a separate public input meeting. Council Member Goodgame stated the public should have input and the meeting should be held at 7pm at the Community Center. Mayor Turville suggested the joint session begin at 7pm and have the sector plan as the only agenda item. Council Member Mullins commented the public should have input and suggested heanng the presentation at 5pm,break,and begin the public session at 7pm with another public input meeting at a later date. Council Member Bates suggested beginning at 5pm,break,and then begin the public session. 1 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25,2014 Mayor Turville stated the meeting should begin at 6pm. Council Member VanWagner requested an additional meeting be held at the new facility the City purchased and invite the community. Council consensus was to begin the joint session at 6pm on April 22, 2014. City Attorney Mantzans—No report. Council Member Bates responded to Ms. Ash regarding establishing a senior center and stated he would like to explore having one similar to Orlando's Senior Resource Center. He reported the National Training Center estimated the softball teams economic impact to the City was currently around $10 million. Senate Bill 144 is moving forward to remove the red light camera program from the state. Council Member Goodgame reported Allison Strange and Dot Richardson stated the National Training Center's events have booked every hotel in the City for seven weeks. He commented there was an activity group who appear to have dominated the trail and old pavilion at Waterfront Park,blocking many who are walking the trail. Regarding water conservation, he suggested golf courses should be designed with an imgated tee, a landing irrigated area,and the green imgated; Black West Ranch should work with the City and develop zero landscaping on the smaller lots; and City Code should require new homes to run a small hot water lme around the outside of the house to prevent wasting water when needing hot water. Council Member Mullins stated he chairs the Lake County Citizens Oversight Committee which reviews the one-cent sales tax expenditures of the municipalities, Lake County School'Board, and Lake County. -The results will be presented to the Lake County Board of County Commissioners'on Apnl 8, 2014. The recent Wine Walk had the second largest attendance to date and the Farmer's Market has been successful. On April 6, 2014 there will be a chili cook-off and tug of war between the Clermont Fire Department and the Clermont Police Department. Council Member VanWagner attended the softball tournaments and commented the City should ensure future parks meet the specifications required for tournament use. 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-Council Meeting Minutes' Consider approval of the Regular Council Meeting Minutes for February 11, 2014 Item No. 2-Contractor Name Change and Agreement Consider approval of contractor name change from Equiptec Corporation to Dana Safety Supply, Inc and consent assignment to agreement. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25,2014 Item No. 3-Interlocal Agreement and Budget Amendment Consider approval of an Interlocal Agreement with the South Lake Regional Water Initiative Group pertaining to the development and evaluation of water supply options and strategies in the amount of$50,000 and a budget amendment in the amount of $50,000. Item No. 4-Scope of Services and Budget Amendment Consider approval of the Scope of Services for stormwater improvements on Lake Winona from BESH for $38,580 and a budget amendment in the amount of$38,580. Item No. S-Surplus Vehicles Consider approval to surplus two Police Department vehicles. Item No. 6-Purchase Approval Consider approval to purchase a used bucket truck from Ring Power Corporation in the amount of$84,500. Item No. 7-Resolution No. 2014-11 Consider Resolution approving the Third Amendment to Agreement to accept $1,800,000 Grant from Lake County. Item No. 8-Purchase Approval and Budget Amendment Consider approval to purchase a Police Department vehicle from Auto Nation Central Florida in the amount of$35,000 And a budget amendment of$35,000. Item No. 9-Distribution Easement Consider approval of easement to Duke Energy. Wally Herda pulled Item 9. Council Member Goodgame moved to approve Consent Agenda Items 1 — 8 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. Wally'Herda inquired what the easement is intended for Mayor Turville responded the easement is to provide service to Lake Hiawatha Preserve. Council,Member Goodgame moved to approve Item 9; seconded by Council Member Mullins.The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25,2014 Item No. 10-CLOSED SESSION Mayor Turville read the following statement: At this time, the City Council meeting will be in recess for the Council to conduct a private pending litigation session as requested by the City Attorney and as authorized by Section 286.011, Florida Statutes. The session is for the purpose of discussing settlement and expense strategy for pending litigation involving the City and Bee's Auto and Wayne Weatherbee. The City Council, the City Manager, the City Attorney, and the City's litigation legal counsel handling the matter will attend the session. A court reporter will be present at the session and a transcript will be available after the conclusion of the litigation. The meeting will last approximately 20 minutes and the Council meeting will resume thereafter. Mayor Turville recessed the meeting at 8:02pm. Mayor Turville reconvened the meeting at 8:42pm. UNFINISHED BUSINESS The following items were heard concurrently Item No. 11—Ordinance No. 2014-02;Final Hearing City Clerk Ackroyd read Ordinance 2014-02 aloud by title only. An Ordinance of the City Council 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,severability,recording, and publication. Item No. 12—Ordinance No. 2014-03;Final Hearing City Clerk Ackroyd read Ordinance 2014-03 aloud by title only. An Ordinance of the City Council,of the City of Clermont, Lake County, 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. 13—Ordinance No. 2014-04;Final Hearing City Clerk Ackroyd read Ordinance 2014-04 aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda, amending the official zoning map of the City of Clermont referred to m Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties descnbed herein as shown below; providing for severability, effective date,and publication. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25,2014 Item No. 14—Ordinance No. 2014-05;Final Hearing City Clerk Ackroyd read Ordinance 2014-05 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning the 15 foot nght-of-way easement for 574.46 feet of the platted unnamed road lymg south of tract 48; repealing all ordinances in conflict herewith,providing for severability,publication,recording, and for an effective date. Item No. 15—Resolution No. 2014-03 City Clerk Ackroyd read Resolution 2014-03 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 for a multi-family complex with more than 12 units and with additional future office space. NEW BUSINESS Item No. 16— Variance Senior Planner Kruse presented the Citrus Tower Apartments and Professional Office annexation request. The property is located within the City's Joint Planning Area and is contiguous to the City on the north and south side of the proposed project. Water and sewer are available to service the site. Staff recommended approval of the annexation request. Senior Planner Kruse presented the Citrus Tower Apartments and Professional Office Small Scale Comprehensive rehensive Plan Amendment request to change the future land use from Lake County Regional Office to the City's Residential/Office land use category. The Planning and Zoning Commission voted 3 to 1 to recommend approval. Staff recommended approval of the Small Scale Comprehensive Plan Future Land Use Map Amendment. Senior Planner Kruse presented the Citrus Tower Apartments and Professional Office request for a zoning change from Lake County "RA" Ranchette Distnct to the City's "UE" Urban Estate; and then to "R-3" Residential/Professional upon annexation approval. The Planning and Zoning Commission voted 3 to 1 to recommend approval with a ten-unit per acre limitation. Staff recommended approval of the rezoning request. Senior Planner Kruse presented the Citrus Tower Apartments and Professional Office request to close an unimproved right-of-way west of Citrus Tower Boulevard and north of Steves Road. Staff recommended approval of the request. Senior Planner Kruse presented the Conditional Use Permit for Citrus Tower Apartments and Professional Office. The proposed project consists of 92 apartments and an outparcel for professional offices. The apartments will consist of four 2 and 3 story buildings with parking located between the apartment buildings. The total land area is approximately 8 5 acres with 7.7 acres designated for the apartment units. The density for the apartments will be 12 units per acre The proposed project will provide a transition between the commercial use to the north of the property and the single-family residential subdivision to the south of the property. The applicant's representative and neighboring 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25, 2014 homeowners to the south have met and discussed the proposed project The Planning and Zoning Commission voted 3 to 1 to recommend approval of the Conditional Use Permit. Staff recommended approval of the Conditional Use Permit. Senior Planner Kruse presented the variance request to allow an elevation change greater than 10 feet and presented the information provided by the applicants detailing the areas exceeding the 10-foot requirement. The grading will not exceed 15 feet and these areas are less than 10 percent of the overall site Section 86-174 of the Land Development Code requires a positive finding on 8 items in order to grant a variance. Staff believes three of the eight items do not meet these findings. Staff recommended denial of the variance request. Dave Carter, Ridge Professional Group, represented applicants Daljit and Satinder Gill. He provided an overview of the site plan and stated the grading variance is contained to small areas requiring 10 to 15 foot grading. The Lake County School district has reviewed the project and the project would meet school concurrency requirements. Gill Ramirez, Lassiter Transportation Group, presented the traffic impact study and commented the impacts were modest The primary impact involved Citrus Tower Boulevard, which can be mitigated by a northbound left-hand turn lane. Mr. Carter stated the neighboring subdivision expressed concerns and a meeting was held with the homeowners to discuss the project. The primary concern was the buffering between the project site and the neighboring single-family homes. He stated conditions 1 through 8 cover the look and buffering of the project Additional decorative walls, buffer trees, architectural details, and upgraded parking lot lighting are proposed for the project. Condition 9 addresses the process and Mr Carter expressed discomfort in deviating from the standard process. He stated Section 4 should include the wording"three feet tall after two years". Mayor Turville opened the public hearing Paul Mascia commented the pnmary concern is the aesthetic look and feel of the community. Condition nine is a way to ensure what the applicant has agreed to provide is memorialized and requested the condition remain. Mr.Mascia stated paragraph four should state"six trees per 100 lineal feet". Dianne Castro expressed concerns with the project Mark Patterson commented the residents affected by the Beazer Home project did not have an opportunity to discuss the project and requested the city revisit the aesthetic look of the project . City Attorney Mantzaris referred Mr. Patterson to staff for the status of the Beazer Home project. Mayor Turville closed the public hearing. City Attorney Mantzaris commented condition 9, the way it is currently written, would be difficult for staff to impose and it would not be appropriate to include condition 9 in the Conditional Use Permit Council Member Mullins stated he would like detailed drawings of the terrain, landscape,the commercial portion,and the aesthetics for the project before moving forward. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25, 2014 Council Member Goodgame inquired how far the schools were from the project. He expressed concerns with children walking to school and school bus access to the project. Mr. Carter stated the schools were within two miles. Mayor Turville, Council Members Mullins, VanWagner, and Goodgame expressed concerns regarding the number of students the project would impact on the local schools. Mr Carter commented on an email he received from Lake County indicating the schools would be under capacity by the time the project is complete. Council Member Mullins questioned if the applicant had responded to the Planning and Zoning Commission's recommendation to reduce the density to ten-units per acre Mr. Carter stated the community was concerned with the visual aspect of the amenities and buffenng of the project The buffenng will be on all four sides of the project. , Council Member Goodgame asked about available facilities for children. Mr. Carter stated there would be a clubhouse or amenity center on the southwest side near the retention pond. Council Member Bates inquired about the front elevations. Mr. Carter stated the agreement with the neighbors calls for enhancing the front elevations. Council Member Mullins requested the applicant return with drawings addressing the neighboring community's concerns,work with the hills, and stair-step the buildings. Council discussed tabling the requests. City Attorney Mantzans stated the requests were advertised and Council should table to date certain. He commented the applicant is entitled to a decision at the current meeting and suggested asking the applicant how much time they need to address Council concerns. Mr. Carter requested 90 days. Council Member Mullins moved to table Ordinance 2014-02 to June 24. The motion died for lack of a second. Council Member Goodgame moved for denial of the annexation, Ordinance 2014-02; seconded by Mayor Turville. Council Member VanWagner commented he would not vote against the annexation. Council Member Bates stated he would like to provide the applicant with an opportunity to present an alternative use for the property and would not vote against the annexation. The motion failed 2 to 3 on a roll call vote with Council Members Mullins, VanWagner and Bates opposing. Council Member Mullins moved to table Ordinance 2014-02 to June 24; seconded by Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council Member Goodgame in opposition. City of Clermont MINUTES REGULAR COUNCIL MEETING March 25, 2014 Council Member Mullins moved to table Ordinance 2014-03 to June 24; seconded by - Council Member Bates The motion passed 3 to 2 with Mayor Turville and Council Member Goodgame in opposition. Council Member Mullins moved to table Ordinance 2014-04 to June 24, seconded by. Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council Member Goodgame in opposition Council Member Mullins moved to table Ordinance 2014-05 to June 24; seconded by Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council Member Goodgame in opposition Council Member Mullins moved to table Resolution 2014-03 to June 24, seconded by Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council Member Goodgame in opposition. Council Member Mullins moved for the request for a variance be heard on June 24; seconded by Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council Member Goodgame in opposition. Item No. 17—Resolution No. 2014-08 City Clerk Ackroyd read Resolution 2014-08 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 for a Restaurant in the Central Business District. Senior Planner Kruse presented the request to allow a restaurant and gift shop located at 787 West Montrose Street in the Central Business Distnct The proposed location is an existing single-story building with an mtenor square footage of approximately 2,000 square feet. The front portion of the building will be used for a gift shop and the remaining areas will be used for the restaurant. The estimated seating capacity is 60 patrons and the hours of operation will coincide with the normal business hours of surrounding businesses. Cooked food preparation will be limited to the use of a stove and oven. The Planning and Zoning Commission voted unanimously to recommend approval of the Conditional Use Permit. Staff recommended approval of the Conditional Use Permit. Applicant Enka Shanoff was present and commented the business will be a family owned business. Mayor Turville opened the public heanng. Yellymary Quintero spoke in support of the request. Mayor Turville closed the public hearing. Council Member Mullins moved to grant Resolution 2014-08; seconded by Council Member Bates. The motion passed with all members present voting aye. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING March 25, 2014 Item No. 18—Resolution No. 2014-09 City Clerk Ackroyd read Resolution 2014-09 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 for a House of Worship in the C-2 General Commercial Zoning District. Planning Manager Henschel presented the Conditional Use Permit to establish a house of worship in a 28,000 square foot building located at 290 Citrus Tower Boulevard The upper floor will be utilized for administrative offices, a nursery during services, and small assemblies on Wednesday and Sunday evemngs Approximately 7,000 square feet of the first floor will be used for assemblies and gatherings and the 7,400 square feet of general retail and commercial sales will be retained The Planning and Zoning Commission unanimously recommended approval of the Conditional Use Permit. Staff recommended approval of the Conditional Use Permit. Applicant Chris Dutruch stated the building would house the administrative offices, small assemblies, ministnes, and prayer meetings. It is a transitional building until they can reestablish a house of worship to accommodate the congregation. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council discussed traffic,parking, and proximity to a liquor store. City Attorney Mantzaris commented the current location of the liquor store did not present an issue. Council Member Mullins requested a condition regarding non-objection to any expansion of liquor sales in the nearby shopping center. Mr. Dutruch was agreeable to the condition. Council Member Bates moved for approval of Resolution 2014-09 as amended; seconded by Council Member VanWagner. The motion passed with all members present voting aye ADJOURN: With no further comments,this meetmg was adjourned at 9.50pm. APPROVED: i •a old S. urville, mfr ATTEST: ___ _ Tracy Ackroyd,City Clerk 9 CITY OF CLERMONT, FLORIDA FIXED ASSET DISPOSAL/TRANSFER FORM Department Name: Date: 2/18/2014 FIRE Serial/Vin Number Brand/Make Grumman Model Number 1G9ACDDT3KR08803618279-AC102 Description of Asset: Reason for Disposal/Transfer: Not working & beyond repair Sold (a copy of sales receipt and/or other evidence of sale must accompany this form) Obsolete Trade-In No longer needed j Other: please explain in detail NFPA recommends retiring apparatus after 15 years Transfer — Employee accepting responsibility for the above item: Property Transferred to: Signature of employees receiving property: Date property transferred: Comments: Disposal-By rivy si,fn,atu.re I represent u.vi eroath,thattheiabove'ft ctyare/true an& correctto-the-lre..t of my knowledge.. e.. Method of Disposal: Date of Disposal: Disposed by: Witnessed by: Finance office use only: Date notice of disposal/transfer received&recorded: Recorded deletion/transfer fixed asset inventory records by: &In: tmooftsftwow The City of Clermont Clermont Police Department Vehicles to be surplus 2010 black Dodge Charger, (Vehicle # 2171). 49,966 miles. Involved in a traffic crash and deemed damaged beyond repair. Purchased in 2010. 2003 Red Chevy Impala, (Vehicle # 2126). 103,498 miles. Several major mechanical and electrical issues not worth maintaining or repairing. Purchased in 2003.