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01-13-2015 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 The Clermont City Council met in a regular meeting on Tuesday, January 13, 2015 in the Council Chambers at City Hall. Mayor Pro-Tem Goodgame called the meeting to order at 7:00 pm with the following Council Members present: Council Members, Mullins, Bates and Travis. Other City officials present were: City Manager Gray,City Attorney Mantzans and Deputy City Clerk Noak INVOCATION Choice Edwards lead in the Pledge of Allegiance and gave an invocation Mayor Pro-Tern Goodgame announced Mayor Ash was absent due to illness. PROCLAMATIONS Deputy City Clerk Noak read the proclamation declaring January 16, 2015 as Arbor Day in the City of Clermont. PRESENTATIONS Fiscal Year 2014 Year End Budget Presentation Finance Director VanZile presented the top ten revenues for the City. Five of the six revenue funds exceeded projections and the Stormwater Fund met 77.88% of their projected income. He announced all departments operated within their budget and the City's reserve funds are sufficient. City Manager Gray commented staff was working on a reserve policy recommended by the auditors Fiscal Year 2014 Economic Development Presentation Economic Development Director Hitt presented comparison populations for the Lake County municipalities and unincorporated Lake County. He provided historical permit data for the City and presented a listing of the recent businesses and residential projects m the City. The Community Redevelopment Agency processed twelve incentive grants in 2014,for façades, code assistance, building improvements, and building permit refunds. The,next Community Redevelopment Agency meeting is scheduled for January 27th PUBLIC COMMENTS Yellymary Montalvo requested additional lighting in the downtown area. Linda Charlton presented photos of parked'vehicles on Desoto Street near the Veterans of Foreign Wars building and on Montrose Street near the-First Baptist Church She commented the spaces were compact and vehicles extended beyond the spaces and into the streets. Ms. Charlton requested the City correct the parking issue Charlene Forth spoke in agreement with Ms. Charlton and commented employees of the day care centers and the church are using the street parking spaces. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 Christine Charpia commented she received a red light camera ticket and requested additional signage at camera locations. Tim Murry thanked the Police Department and Lake County Shenff's Department for participating in the basketball game challenge on December 12 and announced the Clermont Police Department won. He stated the amount of unwrapped toys received to distnbute to local children at Chnstinas was significant. Mr.Murry extended an invitation to the Martin Luther King celebration at Waterfront Park on January 19 Dane Pontzius; Stormy Hill Harley Davidson General Manager, requested assistance with seven upcoming events. City Manager Gray asked Economic Development Director Hitt to work with Mr. Pontzius. Matthew Modica expressed concern regarding the red light cameras and commented the Clermont Police Department should handle traffic issues City Manager Gray stated Ms. Charlene Forth requested fifteen minutes to address the City Council. Ms. Forth commented she believed the citizens of the Northridge Subdivision's nghts were violated when they were allowed only five minutes to speak regarding the Woodwinds Apartments request. The Council Members had individually met with the developers prior to the meeting and the developer did not have a time limit to speak. She requested citizens be provided the same amount of speaking time as developers are allowed and asked Council to address the time limit issue on an upcoming agenda. Mayor Pro-Tem Goodgame requested she meet,with City Manager Gray. Attorney Jimmy Crawford commented the citizens spoke for approximately two hours at the initial hearing in October. REPORTS City Manager Gray announced the half-day Council retreat on January 26 beginning at 8:30am and commented the Master Plan consultants will give a presentation. The Community Redevelopment Agency will meet January 27 at 6:30pm He commented the City will apply for a KaBOOM' playground to be constructed at the Arts and Recreation Center. City Manager Gray stated Mayor Ash requested the City provide a fireworks display on the 4`h of July Council Member Bates expressed concern about competing with Groveland's events. Council Member Mullins suggested combining the fireworks with Music on Montrose and the Food Truck event on July 3. City Attorney Mantzans—No report. Council Member Bates reported he attended the Florida League of Cities meeting and they are seeking nominations for their annual Community Service Awards. The deadline for nominations is February 20 and requested the information be placed on the City's website. He announced the One-Cent Sales Tax will be on the November ballot and the League is seeking input on projects municipalities have used the funds for, and projects the funds will be used for in the future. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 Council Member Bates announced the Florida League of Cities was offenng the required Elected Officials Ethics training on March 13. City Attorney Mantzans commented the Florida League of Cities training was a good opportunity. His office can provide training which would address issues specific to Clermont Council Member Mullins stated he would prefer the customized training and suggested holding one-hour sessions pnor to Council meetings. Council Member Mullins commented the First Friday event in January was successful. The Downtown Clermont Partnership expanded the event by bringing in vendors and extending the hours Council Member Travis reported the South Lake Chamber was continuing to build on the runner and biker-fnendly City designation and will begin working on the walker-friendly City designation The South Lake Chamber's annual Installation Ball Banquet will be held February 6 at Bella Collina She announced a Team Wellness Challenge between North Lake and South Lake County will take place from March through May. The challenge is on weight loss and the team entry fee is $500. Mayor Pro-Tem Goodgame requested additional red light camera signs. City Manager Gray will look into obtaining Florida Department of Transportation permitting. He requested staff look into changing City Code to address zero-scapmg and household hot-water reuse. City Manager Gray will place on a workshop agenda. Mayor Pro-Tern Goodgame announced the Lake-Sumter Metropolitan Planning Organization will hold their monthly board meeting on January 28 in the Council Chambers at 2pm; followed by an Awards Banquet at the Clermont City Center. CONSENT AGENDA Mayor Pro-Tern Goodgame 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 September 12, 2014 and October 14, 2014 Item No. 2-Resolution No.2015-01 Consider request to approve Fiscal Year 2015 budget amendments Item No.3-Resolution No. 2015-02 Consider request to approve revised Purchasing Policy Item No.4-Resolution No.2015-03 Consider appointment of Council Member Mullins to serve on the Tourism Development Council committee. Item No.5-Plat Approval Consider request to approve Heritage Hills Phase 4A East plat. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13,2015 Item No.6- Surplus Request Consider Fire Department request to surplus Rocket routers, associated wireless amplifiers, and vehicles. Item No. 7-Event Sponsorship Request Consider request from Pig on the Pond to sponsor the event, allow an open container in approved beverage area, and waive fees for use of Waterfront Park and Tent Permits. Item No.8-Fee Reduction Request Consider NTC Softba1UPFZA and National Training Center request for ballfield use and reduced fees. Item No.9-Facility Use and License Agreement Consider request to enter into an agreement with Red Apples Media. Council Member Mullins mentioned a correction was made to the October 14, 2014 Council Meeting Minutes. Council Member Mullins moved to approve the Consent Agenda as corrected; seconded by Council Member Bates. The motion passed with all members present voting aye. Mayor Pro-Tem Goodgame announced Item 14 was withdrawn by the applicant and staff requested tabling Item 13 to March 10,2015. Council Member Mullins moved to table Item 13 to March 10; seconded by Council Member Bates. The motion passed with all members present voting aye UNFINISHED BUSINESS Item No. 10-Variance Request;Kerpsack Senior Planner Kruse presented the vanance request to allow a rear yard setback of nine feet from the high-water line to install an in-ground swimming pool with a deck and screen enclosure. Staff recommended denial of the variance request. Joseph Kerpsack commented a seawall existed on the rear of the property and requested approval of the variance. Mayor Pro-Tem Goodgame opened the public heanng There were no public comments. Mayor Pro- Tem Goodgame closed the public heanng. Council Member Mullins inquired if the seawall was higher than the flood plam. Mr. Kerpsack responded the wall was higher than the flood plain. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 Council Member Mullins moved to grant the vanance request, seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 11 -Ordinance No.2014-17; Transmittal Hearing Deputy City Clerk Noak read Ordinance 2014-17 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending the Comprehensive Plan of the City of Clermont, Florida,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes by adopting text changes to the policies of the Intergovernmental Coordination Element of the Comprehensive Plan; setting forth the authonty for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability,conflict and an effective date. Senior Planner Kruse presented staff's request to transmit the proposed changes to the Comprehensive Plan to the Flonda Department of Economic Development The Intergovernmental Coordination Element of the City's Comprehensive Plan will be amended to include the adoption of the Interlocal Service Boundary Agreement between the City and Lake County. Staff will return with the adoption Ordinance at a future date. Mayor Pro-Tem Goodgame opened the public heanng There were no public comments Mayor Pro- Tern Goodgame closed the public heanng Council Member Mullins moved to transmit Ordinance 2014-17, seconded by Council Member Bates. The motion passed With all members present voting aye. Item No. 12-Ordinance No.2015-01,Final Deputy City Clerk Noak read Ordinance 2015-01 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda, adding to the Code of Ordinances, Chapter 122 Zoning; Section 122-357 Sidewalk°Café and amending Chapter 6 Alcoholic Beverages, Section 6-3 Consumption or Possession Upon Public Property; Penalty; providing for codification; severability; effective date; and publication. Economic Development Director Hitt presented the Ordinance to allow for sidewalk cafés and outside alcohol consumption in the Central Business Distnct Tables and chairs on the sidewalk must maintain Amencans'with Disabilities Act accessibility requirements and must be confined to the area adjacent to the established business. He commented a permit would be required. Mayor Pro-Tem Goodgame opened the public heanng. Yellymary Montalvo, Hope Lamb,Ron Smart, and Kurt Clummish spoke in favor of the Ordinance 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13,2015 Alan Fuglar spoke in favor of the Ordinance. He requested Council revisit the insurance requirements under Alcohol Service 8 d(2) and Consumption or Possession Upon Public Property, Penalty 2 g; as it appeared there were conflicting amounts He suggested a simple General Liability Insurance amount of $1,000,000. Sascha Weyer spoke in favor of the Ordinance and mentioned the need for restroom facilities. City Manager Gray stated restroom facilities have been funded in the budget. 1 Mayor Pro-Tern Goodgame closed the public heanng Council Member Mullins inquired if current businesses providing outdoor seating and service would be required to apply for a permit. Economic Development Director Hitt replied the permit was primanly for alcoholic beverages, a previous Code change allowed for outdoor tables and chairs. Council Member Mullins requested changing the Ordinance to state furniture must be stored in a good manner off of City property and to include wording regarding removal of trash. Council was in agreement. Council Member Mullins expressed concerns with 7 a; Special Restnctions, regarding allowing a sponsoring event coordinator to approve a sidewalk café during special events. City Attorney Mantzans recommended removing 7 a. Council was in agreement Council Member Bates inquired if the Ordinance covered only the downtown area and asked when businesses can begin to apply. Economic Development Director Hitt replied the Ordinance is restncted to downtown City Attorney Mantzans stated the'Ordinance is effective when adopted by Council. City Attorney Mantzans suggested changing the insurance dollar amounts in Alcohol Service 8 d(2) to state$200,000 with a total aggregate of$1,000,000. The second half of 8 d(4) should be deleted, leaving only"An applicant for a permit shall be required to submit evidence of liability insurance.". Council was in agreement. Council Member Mullins asked if the cost of a permit should be included in the Ordinance. City Attorney Mantzans replied any associated fees would be adopted by resolution. Council Member Mullins moved to adopt Ordinance 2015-01 as amended; seconded by Council Member Bates.-The motion passed 4 to 0 on a roll call vote. NEW BUSINESS Item No. 15-Variance Request; State Farm Senior Planner Kruse presented the vanance request to allow for a rear-yard setback of 44 feet from State Road 50 and a landscape buffer of less than 20 feet on State Road 50. The proposed building contains 3,000 square feet with 15 parking stalls, a stormwater pond, and landscaping. Access to the site will be located off of Chestnut Street Staff received an email objecting to the elevation view from State Road 50. Staff recommended denial of the two variance requests. Joaquin Modica; Parkland Engineenng, and Maunce St. Seir; General Contractor, were present on behalf of the applicant. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 Mayor Pro-Tern Goodgame opened the public heanng There were no public comments. Mayor Pro- Tern Goodgame closed the public heanng. Council Member Travis inquired why the back of the building faced State Road 50. Mr.Mojica stated the only viable access to meet the parking requirements was to use Chestnut Street as the entrance. Council Member Mullins asked about the height of the retention wall and if the wall extended to State Road 50. Mr. Mojica replied there was an eight-foot elevation change from the edge of Chestnut Street to State Road 50 and the wall would be four foot high Council Member Bates moved for approval, seconded by Council Member Mullins. The motion passed with all members present voting aye Item No. 16-Variance Request, Clermont Hillside Terrace Planning Manager Henschel presented the vanance request to allow an additional monument sign south of the current pnmary sign near the corner of Brogden Dnve and Highway 27 at 2400 Highway 27. The proposal would allow for two signs on one street frontage. The second vanance request was to allow for the second sign to be larger than 50% of the pnmary sign Staff recommended denial of the vanance requests. Jimmy Crawford; Attorney for the applicant, commented accessibility and visibility were issues with the property The applicant's overall plan included placing wall signs, making landscape changes, and gaining approval of the requested sign vanances. Mayor Pro-Tern Goodgame inquired what sign was at the Brogden Dnve entrance. Attorney Crawford replied there was a directional sign in the intenor as you pull up Attorney Crawford showed the proposed landscape plan and stated there were 20 oak trees on Highway 27 in front of the sign. The applicant is replacing some of the oak trees with palm trees to provide visibility The vanance request was to move the monument sign and make the sign larger. Mayor Pro-Tern Goodgame opened the public hearmg. There were no public comments. Mayor Pro- Tern Goodgame closed the public hearing. Council Member Mullins agreed the onginal sign was too small and suggested creating a 75 square-foot sign,removing some of the trees, and removing the existing sign. Attorney Crawford stated the suggested option had not been explored. Planning Manager Henschel stated there may be setback issues involved with the suggested option. Attorney Crawford requested 30 days to reassess options. Council Member Mullins moved to table to February 10; seconded by Council Member Bates The motion passed with all members present voting aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 Item No. 17-Joint Planning Area (JPA)Review,Four Corners—Cemex Sand Mine Senior Planner Kruse presented the proposed sand mine operation located approximately 1.5 miles south of the City limits. The"proposed project is within the Joint Planning Area and the recently adopted Interlocal Service Boundary Agreement area. The project area consists of 1,200 acres with 575 acres for actual mining. The estimated life of the mine is approximately 30 years and the hours of operation will be 24 hours a day, 7 days a week The mining operation consists of excavation, sorting, and sales City Manager Gray stated the property is located in Lake County's junsdiction and the City has the opportunity to comment. The Lake County Planning and Zoning Board will hear the proposed operation on February 4 and the Lake County Board of County Commissioners will consider the request on February 24. Roger Sims,Mark Stevens,and Tracey Nelsey were present to answer questions. Mayor Pro-Tern Goodgame opened the public heanng. Hope Lamb inquired what percentage of land would the sand mine operation encompass of the Wellness Way Sector Plan area. City Manager Gray replied the percentage was approximately 8% Ms. Lamb asked how many development units were allowed in the area City Manager Gray commented out of the 16,000 acres, approximately 1,600 residential units plus commercial units could be developed. The residential units can only be built when jobs are available. Ms. Lamb inquired if the Plan had been submitted to the State and did the Plan include the mining operation. City Manager Gray stated the Plan transmitted to the State by the Lake County Board of County Commissioners did not include the mining operation. Mayor Pro-Tem Goodgame closed the public heanng Mayor Pro-Tem Goodgame expressed concern regarding increased traffic Roger Sims; Holland and Knight, announced an open house for the project would be held at the Clermont City Center on January 29 from 4pm to 6pm. Mr Sims commented the amount of traffic from the project would be offset by reduction of traffic from other sand mines. Mark Stevens; Collinas Group Engineer, described the dry mechanical mining process Cemex would use He stated the excavation process uses front-end loaders and conveyers to transport the sand material for processing. Council Member Mullins asked what the depth of the excavation would be and how much of the hill would be removed. Mr. Stevens replied the excavation would be five feet above the prevailing water table and half the hill height would be removed Mayor Pro-Tern Goodgame commented the land would be below current grades. Mr. Stevens stated if someone desired to build a large commercial development some of the hills would still have to be leveled. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING January 13, 2015 Mayor Pro-Tern Goodgame inquired how many trucks per day would use Highway 27. Mr. Sims replied approximately 160 to 300 trucks Mayor Pro-Tern Goodgame expressed concern regarding the additional traffic on Highway 27, the blueberry farmer's concerns regarding dust, and the potential negative impact on attracting businesses to the area. Tracy Nelsey; Cemex Government Relations Consultant, stated studies show there would be less than a 1%increase in traffic on Highway 27. Council consensus was in opposition to the project City Manager Gray stated the City recommended denial dunng the Wellness Sector Plan process. Council Member Bates moved to send the County a letter of opposition; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 18-Ordinance No. 2015-03;Introduction Deputy City Clerk Noak read Ordinance 2015-03 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, under the Code of Ordinances of the City of Clermont, granting a garbage collection franchise to MDG Partners, LP; providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved to introduce Ordinance 2015-03; seconded by Council Member Bates. The motion passed with all members present voting aye. ADJOURN:,With no further comments,this meeting was adjourned at 10:13pm APPROVED: '"*/ / Gail L. Ash,M. or ',ATTE T: '1 I i Tracy Ackroyd,City Cler 9