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04-14-2015 Regular Meeting
City of Clermont MINUTES REGULAR COUNCIL MEETING April 14, 2015 The Clermont City Council met in a regular meeting on Tuesday, April 14,2015 m the Council Chambers at City Hall. Mayor Ash called the meeting to order at 7:00 pm with the following Council Members present. Council Members Goodgame, Mullins, Bates and Travis. Other City officials present were City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Ackroyd read the Safe Digging Month proclamation aloud. Mayor Ash presented the proclamation to Bob Reed on behalf of Environmental Services. City Clerk Ackroyd read the Water Conservation Month proclamation aloud. Mayor Ash presented the proclamation to Bob Reed on behalf of Environmental Services. City Clerk Ackroyd read the Child Abuse Prevention Month proclamation aloud. City Clerk Ackroyd read the John Schmid proclamation aloud Mayor Ash presented Mr. Schnud with the proclamation. PRESENTATIONS Police Officer Award Presentations Captain McMaster thanked the members of the City Council, City Manager Gray, and Mayor Ash for the opportunity to recognize the exemplary work of the members of the Clermont Police Department. Officer Harper and Sergeant Sayre were awarded the Life Saving Award; Andrew Niederdorfer was awarded the Civilian of the Year award; Detective Martinez was awarded the Officer of the Year award, and Sergeant Grassi was awarded the Supervisor of the Year award. PUBLIC COMMENTS Nick Jones requested Council consider designating a community theater within the Master Plan. Jamie Hanya; Young Family Health Initiatives Chairperson, descnbed a negative expenence at the Arts and Recreation Center for the Baby Fair event. Jan Sheldon requested a community theater in the City. Allison Strange mentioned a new Facebook page created by a pnvate individual called Clermont Champions. The Facebook page is a resource for finding events m the community. Ms. Strange thanked City Manager Gray, Mayor Ash, Police Chief Broadway, Council Members Bates and Goodgame, and Public Information Officer Bloodsworth for their support dunng the PFX Sports summer games. Wayne Weatherbee distnbuted a United States Distnct Court of Appeals document to the City Council. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 14, 2015 REPORTS City Manager Gray reported the second part of the Council Ethics Training will be held Monday, Apnl 27 from 3pm to 5pm. The Apnl 28 Council will be held at 6pm due to the number of final hearings on the agenda.The City will be the program at the Apnl 17 South Lake Chamber breakfast. City Attorney Mantzans—No report Council Member Bates commented he was unable to attend the Flonda League of Cities meeting City Manager Gray provided an update on the Lake County one-cent sales tax which will expire in 2017 The Lake County Board of County Commissioners will place the sales tax on the November ballot. The Flonda League of Cities will gather a list of projects the municipalities have funded utilizing the sales tax proceeds. Council Member Goodgame reported the senior centers at the Arts and Recreation Center and Kehlor Park are successful and mvited seniors to attend. He expressed gratitude to the Police Department for their work and thanked Police Chief Broadway and Captain McMasters for their leadership Council Member Mullins—No report Council Member Travis reported the South Lake Chamber of Commerce held a Business After Hours event on Apnl 9 at the Clermont Boathouse with more than 100 in attendance. The South Lake Chamber of Commerce will hold two more in April; one at Headquarter Honda on Apnl 23 and another one on Apnl 30 at Southern Hills Blueberry Farms. The South Lake Chamber of Commerce and the Clermont Downtown Partnership are finalizing an arrangement to share office space at the Clermont City Center. She requested the City consider adoptmg a no smoking Ordinance at the Water Park around the children, the trail, and the pavilions City Attorney Mantzaris stated he would look into the matter and report back to Council. Mayor Ash attended a bicycle forum at the Clermont City Center. The Coast to Coast connecting bike trail from Gulf Coast to the Atlantic Ocean was discussed. Mayor Ash mentioned the need for more bike lanes in the City. Mayor Ash advised there were 3 items withdrawn from the agenda Items 21,22 and 23 CONSENT AGENDA Mayor Ash 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—Meeting Minutes Consider request to approve minutes of the November 12, 2014 Regular Council meeting. Item No. 2—Contract Award Consider request to piggyback the City of Orlando contract with Layne Inliner, LLC.to provide storm line rehabilitation cleaning and video recording. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 14, 2015 Item No. 3—Contract Award Consider request to piggyback County of Roanoke contract with Otto Environmental Systems(NC), LLC. to purchase refuse carts on an as-needed basis. Item No. 4—Contract Addendum and Name Consider request for contractor name change Change from TS Staffing Services, Inc. to Infinity Solutions, LLC d/b/a Lyneer Staffing Solutions Item No. 5—Surplus Request Consider request to declare end of life inventory as surplus from vanous departments and dispose of in accordance with the Purchasing Policy Item No. 6—Temporary Use of Commercial Space Consider request to allow American Legion Post 55 temporary occupancy of a commercial unit located at 123 West Highway 50. Council Member Goodgame moved to approve the Consent Agenda as presented; seconded by Council Member Mullins The motion passed with all members present voting ave. UNFINISHED BUSINESS Item No. 7—Resolution No. 2015-07;Harvest Landing City Clerk Ackroydd read Resolution 2015-07 aloud by title only. A Resolution of the City Council of the City of Clermont,Lake County, Flonda,granting an amendment to a Conditional Use Permit(Resolution 2013-25)to allow a Planned Umt Development. Planning Manager Henschel commented the Resolution was scheduled to be heard at the March 24, 2015 meeting. The request was tabled to April 14, 2015 to allow the applicant additional time to prepare a presentation. Beazer Homes requested an amendment to a Conditional Use Permit for a Planned Umt Development with 104 single-family homes located on the north side of Steve's Road between Highway 27 and Citrus Tower Boulevard; known as Harvest Landing. The Conditional Use Permit application requested changing the Impervious Surface Ratio from 45%to 50%. The applicant was present to request changing the Impervious Surface Ratio from 45%to 55%. Staff recommended denial of the Impervious Surface Ratio change request. Attorney Jimmy Crawford was present on behalf of Beazer Homes. Beazer Homes discovered purchasers in the Clermont area seek one-story homes and the ongmal amendment request was to change the Impervious Surface Ratio from 45% to 50%. Attorney Crawford requested a maximum overall lot Impervious Surface Ration of 55%. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 14, 2015 Mayor Ash opened the public heanng. There were no public comments. Mayor Ash closed the public heanng. Council Member Travis inquired about the distance between the homes. Planning Manager Henschel stated the distance was previously approved. Council Member Goodgame asked if swimming pools were included. Planning Manager Henschel commented swimming pools would be allowed as long as the Impervious Surface Ratio does not exceed 55% Council Member Bates asked which subdivision lots the request applied to. Attorney Crawford noted the request applied to all of the lots. Council Member Mullins noted the request would require 10% less irrigation; however there would not be room for trees or a shed. He noted the Conditional Use Permit contained six variances and suggested retaining a 45%Impervious Surface Ratio. Attorney Crawford commented the variances addressed issues related to the City's UE Zoning. The property is an infill located between a movie theater, a mega church, a subdivision, and a lake. The property is perfect for a transition development. Council Member Goodgame stated Beazer Homes should provide information in their documents if a swimming pool can be built on the property. Dallas Austin; Beazer Homes, commented a spreadsheet was available for buyers indicating the options available for each home model. Mayor Ash stated Council has a responsibility to uphold the City's ordinances and regulations. The request is a change which limits home buyers options and places a burden on the City to verify the impervious surface ratios Council Member Mullins inquired how many lots were in the subdivision and the number of lots the Aspen home model would fit on without the amendment. Ms. Austin responded the subdivision contained a total of 104 lots and the Aspen home model would not fit on any of the lots. Attorney Crawford requested approval of the onginal 50%Impervious Surface Ratio change, allowing for the Aspen home models on 26 lots. A map highlighting the 26 lots was provided Council Member Mullins moved to adopt Resolution 2015-07 as presented, with the map enumerating the 26 lots be included as part of the Resolution; seconded by Council Member Goodgame -The motion passed 4 to 1 with Mayor Ash opposed. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 14,2015 Item No. 8—Ordinance No. 2015-14; Transmittal Hearing-Plaza Collina City Clerk Ackroyd read Ordinance 2015-14 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, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authonty 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; providmg a severability clause and providing an effective date Council Member Mullins moved to table to Apnl 28; seconded by Council Member Bates.The motion passed with all members present voting aye. NEW BUSINESS Item No. 9—On Street Parking;Desoto St &Montrose St./5`i'Street Economic Development Director Hitt noted staff was directed to review DeSoto Street from West Avenue to Eighth Street, and Montrose Street from East Avenue to Fifth Street. The current on-street angled parking does not meet parking regulations. Additionally, the handicapped parking on the east side of Fifth Street, south of Montrose,was reviewed. Angled parking on portions of DeSoto Street and Montrose Street do not meet parking regulations regarding space size and the spaces protrude into the east-bound lane, impeding the flow of traffic. To comply with City Code, the spaces should be replaced with parallel parking spaces, with each space requinng a 10 by 23 foot area. The DeSoto Street section was assessed and approximately 15 parallel parking spaces could be provided on the south side. The parallel parking reconfiguration on the Montrose Street section would allow for 9 parking spaces. Handicapped parking on Fifth Street does not conform to City Code; however under Section 98-14, the Development Services Director is allowed to determine appropnate parking for a proposed use, taking into consideration special conditions or situations. The Flonda Accessibility Code for Building and Construction allows for a reduced width of 8 feet and access aisles are not required for on-street parking. Staff recommended installation of proper signage, striping,and distance from the southeast corner. Council Member Goodgame inquired if the City would be liable should the angled parking remained. City Attorney Mantzans stated staff has provided information that some angled parking is impeding the flow of traffic and once the City is aware of a potential risk, the City's liability increases. Council Member Goodgame requested staff explore one-way traffic as an option. Mayor Ash was in agreement. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 14, 2015 Council Member Goodgame moved to table for City staff to study a one-way traffic proposal and bang back to Council; seconded by Council Member Mullins. Under discussion; City Manager Gray stated staff would contact Lake County for assistance with the study and notify the community when it is brought back to Council. Council Member Mullins suggested amending the motion to reconfiguring DeSoto and Montrose Streets to one-way streets and review how this would fit with the overall Master Plan. Council Member Goodgame accepted the amendment. The motion passed with all members present voting aye. Item No. 10— Variance Request, Landry Planning Manager Henschel presented the vanance request to allow a front yard setback of 27 feet to expand an entry way at 1875 Johnson Street. The residence was constructed prior to the current zoning regulations and is an existing non-conforming structure. Staff recommended denial of the variance request. Donald Barnett was present and requested approval Mayor Ash opened the public heanng. There were no public comments Mayor Ash closed the public heanng. Council Member Mullins supported the request. Council Member Mullms moved to grant the variance, seconded by Council Member Goodgame.The motion passed swith all members present voting aye. Item No. 11— Variance Request, Culver's Planning Manager Henschel presented the variance request for a second monument sign to exceed 8 feet in height for the Culver's Restaurant at 1431 Johns Lake Road. The site contains a retaining wall varying from 6 to 10 foot in height. The applicant proposed to build the sign at parking lot level and extend 8 feet above the retaining wall for an overall height of 14 feet Staff recommended approval of the vanance request. Mark Wessell; Springfield Sign&Neon,was present to request approval. Mayor Ash opened the public heanng. Jim Purvis spoke in opposition to the request Mayor Ash closed the public hearing. Council Member Mullms inquired if there was a sign on Highway 27. Planning Manager Henschel stated Culver's has a sign on Highway 27 as the main display sign. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING April 14,2015 Council Member Mullins asked if the size requirements were met for a secondary monument sign. Planning Manager Henschel commented the sign coverage area met the allowable size requirements. Council Member Goodgame supported the request. Council Member Goodgame moved for approval; seconded by Council Member Travis The motion passed 3 to 2 with Council Members Bates and Mullins opposed. Item No. 12—Ordinance No. 2015-20;Introduction-Don Mealey Chevrolet City Clerk Ackroyd read Ordinance 2015-20 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of a certain parcel of land in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014; providing for an effective date, severability,recording,and publication. Council Member Mullins moved to introduce Ordinance 2015-20; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 13—Ordinance No. 2015-21;Introduction-Don Mealey Chevrolet City Clerk Ackroyd read Ordinance 2015-21 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planmng 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; providmg 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 2015-21; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 14—Ordinance No. 2015-22, Introduction-Don Mealey Chevrolet City Clerk Ackroyd read Ordinance 2015-22 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 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 2015-22; seconded by Council Member Goodgame. The motion passed with all members present voting aye 7 City of Clermont MINUTES REGULAR COUNCIL MEETING April 14, 2015 Item No. 15—Ordinance No. 2015-23, Introduction-Clermont Nissan City Clerk Ackroyd read Ordinance 2015-23 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 in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014, providing for an effective date, severability,recording,and publication. Council Member Mullins moved to introduce Ordinance 2015-23; seconded by Council Member Goodgame The motion passed with all members present voting aye Item No. 16—Ordinance No. 2015-24, Introduction-Clermont Nissan City Clerk Ackroyd read Ordinance 2015-24 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 authonty for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and mtent 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 2015-24; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 17—Ordinance No. 2015-25, Introduction-Clermont Nissan City Clerk Ackroyd read Ordinance 2015-25 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 descnbed herein as shown below;providing for severability, effective date,and publication. Council Member Mullins moved to introduce Ordinance 2015-25; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 18—Ordinance No. 2015-26, Introduction-Headquarter Honda City Clerk Ackroyd read Ordinance 2015-26 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of a certain parcel of land in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014; providing for an effective date, severability,recording,and publication. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING April 14,2015 Council Member Mullins moved to introduce Ordinance 2015-26, seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 19—Ordinance No. 2015-27, Introduction-Headquarter Honda City Clerk Ackroyd read Ordinance 2015-27 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 2015-27; seconded by Council Member Goodgame The motion passed with all members present voting ave. Item No. 20—Ordinance No. 2015-28;Introduction-Headquarter Honda City Clerk Ackroyd read Ordinance 2015-28 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 2015-28; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 21—Ordinance No. 2015-29;Introduction Napleton Clermont and Lake County Sheriff's Office This item was withdrawn by staff. Item No. 22—Ordinance No. 2015-30, Introduction Napleton Clermont and Lake County Sheriff's Office This item was withdrawn by staff. Item No. 23—Ordinance No. 2015-31, Introduction Napleton Clermont and Lake County Sheriff's Office This item was withdrawn by staff. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 14, 2015 Item No. 24—Ordinance No. 2015-38;Introduction-East Towne Center City Clerk Ackroyd read Ordinance 2015-38 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of a certain parcel of land in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014; providing for an effective date, severability,recording, and publication. Council Member Mullins moved to introduce Ordinance 2015-38, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 25—Ordinance No. 2015-39, Introduction-East Towne Center City Clerk Ackroyd read Ordinance 2015-39 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large Scale Comprehensive Plan amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes; setting forth the authonty 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 2015-39; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 26—Ordinance No. 2015-40;Introduction-East Towne Center City Clerk Ackroyd read Ordinance 2015-40 aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the official zomng 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. Council Member Mullins moved to introduce Ordinance 2015-40, seconded by Council Member Goodgame."The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 8:31pm. 10 City of Clermont MATES RE OStAR COUNCIL MEETING Apnl 14,2015 ! / APPROVE / G m\ g \, :\§ { ,az ; a± y : « z. . «%\ 4;,N A' /7 %G� 6 04'), /, ®! m ! «�:® aw4i / ..7 « » z\ \§ i % °»: r\5 /�, :' cii" ` �\ 4 / § } ' a)L Ash,Mayor \'\,���/2\�/�f )/'. \©«w:} ƒ \ /. )} } \ :� , �` ` ® (A'TEST} a n:y \ v a ƒ > ; r . u& ,»q ,i « ,%/ am/!tJ i / / ^© `i per` © / \ 2® TayAcUo¢CltCek I 11