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10-14-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 14,2014 The Clermont City Council met in a regular meeting on Tuesday, October 14, 2014 in the Council Chambers at City Hall Mayor Turville called the meeting to order at 7:00pm with the following Council Members present: Council Members Goodgame, Mullins, Bates and VanWagner. Other City officials present were: City Manager Gray, City Attorney Mantzaris and Deputy City Clerk Noak INVOCATION Pastor Rivera; Better Life Worship Center,gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Turville read a proclamation aloud observing the week of October 25 through October 31 as Red Ribbon Week and presented the proclamation to Young Marine Corporal Laree Osteen. Corporal Osteen read an appreciation letter and presented the letter to the City of Clermont PUBLIC COMMENTS Ed Apodaca; Clermont Downtown Partnership President, announced the winner of the Clermont Fire Department versus Clermont Police Department physical fitness competition and presented Police Chief Broadway with the trophy Frankie Cower; Clermont Crossfit Head Trainer, announced a breast cancer awareness workout on October 25 from 3pm to 5pm at Clermont Crossfit. Marie Howd, Clermont Greater Cancer Foundation Director, thanked City Council, Events Coordinator Dudeck, Parks and Recreation Director Teske, the Fire Department, and the Police Department for their assistance and support with the Second Annual Music Festival. Ms Howd requested financial assistance to pay for off-duty police officers at the upcoming Downtown Music Festival City Manager Gray commented the Clermont Greater Cancer Foundation is celebrating their ten year anniversary and the City is a sponsor. The fee for use of two off-duty officers at the event is$924.00. Council Member Goodgame moved to waive the fee for police; seconded by Council Member Mullins. The motion passed with all members present voting aye. City Manager Gray stated on-duty officers will be used for the event Eric Sorkin commented the City's utility bill for September contained ten additional days in the billing cycle and expressed concern over the effect on the overall bill City Manager Gray will contact Environment Services Director Kinzler regarding the issue. Charlene Franz; member of the Senior Center of Clermont, stated the Senior Center functioning from the Family Physician Group will close October 31 and requested assistance and support from the City for a designated location for the club. Gail Ash, James Rekkacus, Janet McKenzie, Constance Tracey, Ronnie Harris, Terry Engle, Redella Barren,and Nancy Ringle,spoke in support of the request 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2014 Mayor Turville commented the Clermont Community Center may be an option The allocation of space for various uses of the facility is in progress and City Manager Gray stated he has scheduled a meeting regarding their needs. Council Member VanWagner commented he met with the club members and they currently use 1,600 square feet, open Monday through Friday from 9am to 5pm, and have a full-time employee; Marie. The club would like to retain the same square footage and have Marie hired to operate the Senior Center Mayor Turville requested staff work out an arrangement and bring back to Council Council Member VanWagner suggested City Manager Gray finalize an arrangement due to the approaching closing date of the Senior Center. Council Member Mullins stated Council could not hire employees. Council Member VanWagner moved to have the City Manager designate 1,600 square feet to use Monday through Friday from 9am to 5pm at the Clermont Community Center, put$30,000 towards funding the operation of a seniors center with the caveat of soliciting donations. Mayor Turville noted a motion was not necessary. Council Member Mullins suggested renting the facility using a similar arrangement the City has with the Boys and Girls Club. City Manager Gray will conduct a walk-through of the Clermont Community Center. Mayor Turville recessed the meeting at 8:01 pm Mayor Turville reconvened the meeting at 8:15pm. REPORTS City Manager Gray reported the League of Cities stated the 1 cent sales tax expires in 2017 and will be on the 2015 ballot. A Community Redevelopment Agency meeting will be held October 28 at 6:15pm. He announced City Hall will be closed for Christmas on Thursday, December 25 and Friday, December 26. The City will be the program for the South Lake Chamber Breakfast on Friday, October 17. The reception for Mayor Turville will be Sunday,October 19 beginning 4.30pm at the Clermont City Center. City Attorney Mantzaris reported on a recommended invocation process for the City. The recommended process was to have the City Clerk's office maintain a rotating list of houses of worship within the City limits to give the invocation Should a scheduled invocation provider not appear, a member of Council could give the invocation City Attorney Mantzaris stated staff prepared an Ordinance regarding medical marijuana to be introduced at the October 28 meeting, with the final hearing scheduled for November 12. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14,2014 Council Member Goodgame reported he had received a complaint regarding the use of e-cigarettes inside and outside a business and inquired if the City had regulations preventing their use in these areas City Attorney Mantzaris stated the current clean air act does not address e-cigarettes. Senator Hayes and Senator Metz have been contacted regarding incorporating changes to the statutory language to include e- cigarettes in the clean air act. Mayor Turville addressed the following changes to the meeting agenda The applicants have requested postponing Item 11; Clermont Garden Club Lease Agreement, to the October 28, 2014 meeting Council Member Mullins moved to table Item 11 until October 28; seconded by Council Member Goodgame They motion passed with all members present voting aye. Staff has requested tabling Item 17; Intergovernmental Coordination Element Comprehensive Plan Amendment Transmittal Hearing,to January 13,2015. Council Member Goodgame moved to table Item 17 to January 13, 2015; seconded by Council Member Mullins The motion passed with all members present voting aye. Council Member Bates commented the Great Floridian Triathlon will be held this weekend and Sommer Sports is seeking additional volunteers. Council Member Goodgame stated the Solis Bravo Benefit Concert is October 25 at the Clermont Community Center. The proceeds will benefit the South Lake Hospital's Mammography and Imaging Center. Tickets can be purchased through Carlos Solis, Bernadette Dubuss, and at Bacchus Vino on Montrose Street. Council Member Goodgame commented the Hiawatha Preserve grand opening is November 15 and suggested Council consider placing log cabins and an RV Park in the preserve. Funding can be requested from the Lake County Economic and Tourism Board with the rental proceeds given to the Tourism Board. Council Member Mullins and Mayor Turville commented the suggestion was rejected in the past and stated the park should remain a passive park. Council Member Mullins reported the Downtown Music Festival will be held the weekend of October 18, the Downtown Art Festival will take place on November 1 and 2, and Music on Montrose Street will be held November 7. Council Member Van Wagner-No report. Mayor Turville encouraged everyone to attend the Great Floridian Triathlon. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14,2014 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 of August 12,2014,the First Budget Public Hearing Minutes of September 11,2014 and the Final Budget Public Hearing Minutes of September 25,2014 Item No. 2-Bid Award and Budget Amendment Consider approval of bid award to Traverse Group, Inc.to provide 12th Street and Lakeshore stormwater and utility improvements in the amount of$496,532.65 and budget amendment Item No. 3-Bid Award Consider approval of bid award to Traverse Group, Inc. for street resurfacing services in the amount of$122,845.49 Item No. 4- Contract Award Consider approval to piggyback the Florida Sheriffs Association contract with Environmental Products of Florida Corp.to purchase one street sweeper in the amount of $234,542 Item No. 5- Contract Award Consider approval to piggyback Hillsborough County contract with Ferguson Enterprises, Inc to purchase sewer pipes,valves and fittings Item No. 6-Highland Ranch Phase 1 Plat Consider approval of the final plat for Phase 1 of Highland Ranch Item No. 7-Heritage Hills Phase 6A Plat Consider approval of the final plat for Phase 6A of Heritage Hills Item No. 8-Easement Consider approval of Distribution Easement to Duke Energy for the Rowing Facility at 930 West Minneola Avenue 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14,2014 Item No. 9-Interlocal Agreement Consider approval of Interlocal Agreement with Lake County to provide funding up to$150,000 for design and installation of a traffic signal at Hancock Road and Diamond Club Drive Item No. 10-Development Agreement Consider approval of the Development Agreement with SLV 13, LLC and South Lake ' _ Hospital for the construction of Champions Way, limiting the City's contribution to $200,000 00 Ginger Martin pulled Consent Agenda Item 9. Ed Barnhill pulled Consent Agenda Item 7. Council Member Goodgame moved to approve all Consent Agenda Items except Item 7 and Item 9, seconded by Council Member Mullins. The motion passed with all members , present voting aye. ' Ed Barnhill commented he attended the Planning and Zoning Commission meeting regarding Heritage Hills. There were concerns from the homeowners of Heritage Hills regarding Phase 6 and Phase 7 and the builder agreed to place a wall along Phase 6 and lights at the entrance of the new main gate. He inquired if the items were listed on the plat. City Attorney Mantzaris stated the agreement with the builder was a discussion regarding the Phase 7 Conditional Use permit and are not part of the Phase 6A Plat approval. Mr. Barnhill commented Heritage Hills Boulevard was to go through Phase 6 and exit onto Hartle Road. Mayor Turville stated the issue was not part of the approval of the plat. Council Member Goodgame inquired if the plat illustrated the road as connected to Hartle Road. Planning Manager Henschel commented the plat shows a roadway which can be connected to Hartle Road in the future. Council Member Goodgame moved to approve Item 7; seconded by Council Member Mullins The motion passed with all members present voting aye. Ginger Martin spoke in opposition of the Interlocal Agreement with Lake County for a traffic signal at Diamond Club Drive and Hancock Road. Jim Purvis,Judy Proli, Ed Forte, and Alfred Manella spoke in favor of the traffic signal at Diamond Club Drive and Hancock Road. Council Member Goodgame moved to approve Item 9; seconded by Council Member Van Wagner. 5 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING October-14, 2014 Mayor Turville requested City Manager Gray provide`a summary of the agreement _ City Manager Gray stated the agreement indicates how funds paid by the developer to the City would be dispersed to Lake County The City does not have jurisdiction over the traffic signal and Lake County has approved the traffic signal. Council Member Mullins commented the traffic signal is not warranted at this time. The motion passed 4 to 1 with Council Member Mullins opposed. UNFINISHED BUSINESS Mayor Turville stated Items 12 through 16 would be presented by staff separately and collectively and voted on individually. • Item No. 12-Ordinance No. 2014-19, Final Deputy City Clerk Noak read Ordinance 2014-19 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. Senior Planner Kruse presented the request to annex a 7.95 acre parcel of land on the east side of Grand Highway between State Road 50 and Pitt Street. Water and sewer are available to serve the site and the land is contiguous to the City on the west and south sides, with Jacks Lake on the east side of the property. Staff recommended approval of the annexation request. Item No. 13-Ordinance No. 2014-20, Final Deputy City Clerk Noak read Ordinance 2014-20 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. Senior Planner Kruse presented the request for a future land use amendment to change from Lake County Urban Medium Density to the City's Medium Density land use category for a 7 95 acre parcel of land on the east side of Grand Highway between State Road 50 and Pott Street The proposed future land use amendment request is compatible with the area. Staff recommended approval of the requested Future Land Use Map amendment. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2014 Item No. 14- Ordinance No. 2014-21, Final Deputy City Clerk Noak read Ordinance 2014-21 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 Senior Planner Kruse presented the request to rezone a 7.95 parcel of land from Lake County Agriculture to the City's R-3 Residential/Professional district. The proposed R-3 Residential/Professional District is compatible with the area Staff recommended approval of the rezoning request from Lake County Agriculture to the City of Clermont's R-3 Residential/Professional district. Mayor Turville excused himself from the meeting temporarily and passed the gavel to Mayor Pro-Tem Goodgame Item No. 15-Resolution No. 2014-24 Deputy City Clerk Noak read Resolution 2014-24 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. Senior Planner Kruse presented the Conditional Use Permit for a proposed multi-family development consisting of 7 multi-story buildings with garages incorporated into the structure. Each building will have 4 units with a two-car garage and parking available in front of the garage. The use is consistent with the uses in the area and staff recommended approval of the Conditional Use Permit request. Item No. 16- Variance Request Senior Planner Kruse presented the request for four variances The applicant no longer required a variance for the rear yard setback. The variances requested were to allow a front yard setback of 15 feet, allow a right-of-way width of 50 feet,allow a per-dwelling unit lot size of less than 3,500 square feet, and allow for a lot width of 30 feet. Staff recommended denial of the four variance requests. Mayor Turville returned and officiated the meeting. Applicant John Huels; Attorney for the developer, commented the project consists of a 7 unit, 28 townhome complex with a pool, tot lot, pedestrian trail, and recreational dock. Each unit will have three levels,which includes a two-car garage. The developer is no longer seeking a rear yard setback and the variances requested do not include the perimeter of the project. The 15-foot front yard setback will allow for 18 feet of driveway before the leading edge of the sidewalk. Each townhome will have the ability to park four vehicles. The developer is seeking a 50-foot right-of-way width, with no reduction of street asphalt or sidewalks, with sufficient 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2014 space for utilities. The project proposes zero lot line units, with no side yard setback for the interior units and one side yard setback for exterior units The developer is seeking a lot width reduction with an average lot width of 34 feet. The average lot size proposed is 3,134 feet due to the decrease in lot width. Each residence will have 1,791 square feet of air conditioned space with a 2-car garage The distance from building to building ranges from 15 feet 8 inches to 62 feet 9 inches, averaging approximately 35 feet. The building to wetland line minimum will be 85 feet with an average of approximately 100 feet. The minimum footage from the building to property line is 25 feet, with an average of 33 feet The distance from the back door to the 100-year flood line is approximately 19 feet with an average distance of 20 feet. Mr. Huels requested approval of the project Mayor Turville opened the public hearing. There were no public comments Mayor Turville closed the public hearing Mayor Turville was opposed to the 20-foot average distance between the back door and flood plain Council Member Goodgame requested a larger front yard setback and recommended the buildings move back 2 feet. He expressed concern regarding substandard driveways and reducing the grass area to 3 feet. Mayor Turville and Council Member Mullins were opposed to moving the buildings as the units would be closer to the flood plain. Dave Dresher; RM Plus, LLC, stated the grass area between the sidewalk and the street could be narrowed by 1 foot, providing 19 feet for the driveway. The sidewalk could be reduced to 3 feet wide, providing an additional foot for a 20 foot driveway Council Member Mullins inquired if a 4 foot wide grass strip was a City standard. Senior Planner Henschel stated it was not specified in the City Code,the issue is the right-of-way width the utilities have to work with. Some of the utilities can be placed under the sidewalk; however the grass strip should be as wide as possible. Council Member Mullins inquired if a 4 foot wide sidewalk was City Code. City Manager Gray and Senior Planner Henschel stated 4 foot sidewalks were City Code. Mr. Dresher suggested moving the sidewalk beside the curb. Mayor Turville and Council Member Mullins were opposed. Council Member Goodgame commented a compromise was to reduce the grass area to 3 feet wide, which would provide a 19 foot driveway. Dave Dresher suggested reducing the rear yard setback of the houses in the rear by 2 feet, work with the City on reducing the grass strips by 1 foot,and sliding the road forward. Council Member Goodgame was supportive of the suggestion. Council Member Mullins commented the front yard setback would be 16 feet,the rear yard setback would be 20 feet,the grass area reduced to 3 feet,the western units moved 2 feet to the southwest,and the street moved by 1 foot. 8 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING October 14,2014 Council Member Goodgame moved to adopt Ordinance 2014-19; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposed. Council Member Goodgame moved to adopt Ordinance 2014-20; seconded by Council Member Mullins The motion passed 4 to 1 on a roll call vote with Mayor Turville opposed. Council Member Mullins moved to adopt Ordinance 2014-21; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposed. Council Member Goodgame moved to approve Resolution 2014-24; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville opposed. Council Member Goodgame moved to approve variance 1 to be a 16 foot setback with a 20 foot driveway, variance 2 is omitted, variance 3 stays the same, variance 4 stays the same, and variance 5 stays the same; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville opposed. NEW BUSINESS Item No. 18-Ordinance No. 2014-23;Introduction Mayor Turville read Ordinance 2014-23 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, increasing the monthly pension benefit amounts for retirees/beneficiaries currently receiving benefits from the City of Clermont General Employees Defined Benefit Retirement Plan; providing for severability of provisions, repealing all Ordinances in conflict herewith, and providing an effective date Council Member Mullins moved to introduce Ordinance 2014-23; seconded by Council Member VanWagner The motion passed with all members present voting aye. Item No. 19-Ordinance No. 2014-36,Introduction Deputy City Clerk Noak read Ordinance 2014-36 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, increasing the monthly pension benefit amounts for retirees/beneficiaries currently receiving benefits from the City of Clermont Police Officers Defined Benefit Retirement Plan; providing for severability of provisions; repealing all Ordinances in conflict herewith;and providing for an effective date. Council Member Mullins moved to introduce Ordinance 2014-36, seconded by Council Member Goodgame. The motion passed with all members present voting aye. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2014 Item No. 20-Ordinance No. 2014-28, Introduction Mayor Turville read Ordinance 2014-28 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 ll, 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. Council Member Mullins moved to introduce Ordinance 2014-28; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 21-Ordinance No. 2014-29, Introduction Deputy City Clerk Noak read Ordinance 2014-29 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. Council Member Mullins moved to introduce Ordinance 2014-29; seconded by Council Member Goodgame. The motion passed with all members present voting aye Item No. 22-Ordinance No. 2014-33;Introduction Mayor Turville read Ordinance 2014-33 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. Council Member Mullins moved to introduce Ordinance 2014-33; seconded by Council Member Bates. The motion passed with all members present voting ave 10 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14,2014 Item No. 23- Ordinance No. 2014-30;Introduction Deputy City Clerk Noak read Ordinance 2014-30 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. Council Member Mullins moved to introduce Ordinance 2014-30; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 24-Ordinance No. 2014-31,Introduction and Transmittal Mayor Turville read Ordinance 2014-31 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Large 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 Large Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment; establishing the legal status of the Large Scale Comprehensive Plan Amendment, providing a severability clause and providing an effective date. Council Member Mullins moved to introduce Ordinance 2014-31; seconded by Council Member Bates. The motion passed with all members present voting aye Item No. 25-Ordinance No. 2014-32;Introduction Deputy City Clerk Noak read Ordinance 2014-32 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. Council Member Mullins moved to introduce Ordinance 2014-32; seconded by Council Member Bates. The motion passed with all members present voting aye 11 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2014 Item No. 26-Ordinance No. 2014-34;Introduction Mayor Turville read Ordinance 2014-34 aloud by title only. An Ordinance of the Code of Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Section 118-35 Maintenance and Pruning; providing for codification; severability, effective date;and publication Council Member Mullins moved to introduce Ordinance 2014-34; seconded by Council _ .,. Member Bates. The motion passed with all members present voting aye. »4 ,Iscri a DJ�I(rrO RN: With no further comments,this meeting was adjourned at 10 36pm 7 APPROVED: y + �` YA�.ly , ./ .7,51; r .,i ir1 i ftA• , tv V1,01 �, r r f,,Yr �I° 1, 7 ' �d�2i i i /a of o yZ +� r ' ATTEST: , ALAS 4.1 Tracy Ackro d,City Clerk 4 12