Loading...
10-13-2015 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 13,2015 The Clermont City Council met in a regular meeting on Tuesday, October 13, 2015 in the Clermont City Center. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present. Council Members Mullins, Bates, and Goodgame. Other City officials present were: City Manager Gray, City Attorney Mantzans, and Deputy City Clerk Noak. Council Member Travis was absent INVOCATION Pastor Timothy Moses gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Deputy City Clerk Noak read the Red Ribbon Week proclamation aloud Mayor Ash presented the proclamation to Young Manne Laree Osteen A Young Manne thanked Council for supporting Red Ribbon Week. Public Information Officer Bloodsworth gave a presentation hononng Fred Sommer and the 25th Anniversary of the Great Flondian Tnathlon Deputy City Clerk Noak read the Fred Sommer proclamation aloud Mayor Ash presented the proclamation to Fred Sommer. PUBLIC COMMENTS Charlene Forth commented the Clermont Garden Club was blocking off access to a City park and requested Council take action to resolve the situation. REPORTS City Manager Gray stated misinformation had been provided regarding the heanng for the annexation of the WaterBrooke project. The public heanng regarding the annexation will be held at the October 27, 2015 Council meeting City Attorney Mantzans—No report Council Member Bates congratulated City staff for a successful Grand Opening Gala of the Performing Arts Center. Council Member Goodgame provided information to the Council regarding the use of body cameras for police officers. He requested the City consider body cameras for Clermont Police Officers Council Member Mullins congratulated City staff for a successful Grand Opening Gala of the Performing Arts Center Mayor Ash reported she attended the Greater Cancer Foundation event, an awards banquet for a local Girl Scout Troop, and a Clermont Police Officer sweanng-in ceremony. The next coffee with the Mayor will be held at Enka's Tea Room on Saturday, October 17 at 10am. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 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 August 11, 2015,August 25, 2015, and September 8, 2015 Regular Council meeting. Item No.2—Resolution No.2015-34 Consider Resolution lease agreement amendment between the City of Clermont and SBA 2012 TC Assets,LLC to include five additional successive terms of five years Item No:3—Resolution No.2015-37 Consider Resolution approval repealing the Harassment Policy and replacing with Harassment(including Sexual Harassment) Policy. Item No.4—Bid Award Consider approval of contract to Schmid Construction, Inc. to provide construction of Clermont Police Department Headquarters in the total lump sum amount of$7,308,000. The funding plan for the project is to use approximately$2,700,000 from the Police Impact Fees Fund and the remaining$4,608,000 from a bank loan/bond issue Item No. 5—Piggyback Contract Award Consider request to piggyback Lake County Board of County Commissioners contract with Done Right Fire Repair, Inc to provide Personal 'Protective Equipment Inspection,Cleaning, and Repair in the annual estimated amount of$2,000 included in the approved budget Item No. 6—Surplus Request Consider approval to declare end of life inventory as surplus from the Fire Department, Development Services Department, and City Clerk's Office to dispose in accordance with the Purchasing Policy. Item No. 7—Event Request Consider approval for the Taste of South Lake to have an open contamer area for their event at Waterfront Park on November 5`h. Item No.8—Event Request Consider event and open container request for Harvest Festival in conjunction with Sommer Sports 5K Run"Nightmare on Clermont"on October 31,2015 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 Item No.9—Event Request Consider event request and approval for road closures by Bike Flonda for their"Share the Road Celebration of Cycling"on November 13, 2015 Item No. 10—Utility Service Agreement Consider request for water service to a single- family home owned by Gokul S Bnjmohan at 16300 Johns Lake Road Item No. 11 —Scope of Services Consider approval of Professional Engineenng Services Proposed for the Sunburst Water Treatment Plant-Lower Floridan Aquifer Wells by Tetra Tech, Inc., in the amount of $233,684.00 Recently received grant funds from St.Johns River Water Management Distnct will be utilized for these services Council Member Mullins pulled Consent Items 4, 8,and 9. Council Member Goodgame moved to approve Consent Items 1, 2, 3, 5, 6, 7, 10 and 11, seconded by Council Member Mullins The motion passed with all members present voting aye Council Member Mullins commented he was pleased a local company was the successful bidder for the construction of the new Police Department Headquarters. Council Member Mullins stated he pulled Consent Item 9 in error. Council Member Mullins stated the Clermont Downtown Partnership was requesting an open container zone and due to the hours, the City was requinng two police officers to be hired by the applicant. The cost exceeds the budget for the Harvest Festival and the options were to remove the open container request or change the open container hours so police officers would not have to be provided at the expense of the applicant City Manager Gray will work with Police Chief Broadway and contact the Downtown Partnership. Council Member Goodgame inquired about the open container hours. Council Member Mullins stated on the onginal application, the hours began at 12 noon and ended at 10pm. Events Manager Dudeck stated on the adjusted application,the open container hours were from 5pm to 9pm. Mayor Ash stated; for clanfication, the open container hours requested were 5pm to 9pm. Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public heanng. Council Member Goodgame moved to approve Consent Items 4, 8, and 9, seconded by Council Member Bates. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 Mayor Ash announced the applicant has requested the Arby's Vanance Request be tabled to the October 27, 2015 Council meeting Council Member Goodgame moved to table Item 14 to October 27, 2015; seconded by Council Member Bates The motion passed with all members present voting aye. City Attorney Mantzans stated due to the absence of a Council Member, applicants with land use requests had the option of continuing their request to a future meeting with a full Council. Mayor Ash asked the applicants for the Clermont Ridge Vanance Request if they wished to have their matter continued to the October 27, 2015 Council meeting. The applicant wished to remain on the current agenda. UNFINISHED BUSINESS Item No. 12—On-Street Parking; West DeSoto Street Economic Development Director Hitt presented the proposal for parallel parking on West Desoto Street and a grass parking lot located where the West Desoto Street fire station was demolished. The proposed parallel parking on the south side of West Desoto Street will provide 15 parking spaces and the grass parking lot will provide 14 grass parking spaces and 1 paved handicapped space. City Manager Gray recommended the parking lot remain a grass lot until Council determines the direction they will take with the current Police Station on West Desoto Street after the new Police Station was constructed. Council Member Goodgame inquired if a parallel parking space could be changed to a handicapped parking space City Manager Gray stated the change would reduce the available number of parking spaces on West Desoto Street Economic Development Director Hitt presented the cross-walk design and reconfiguration for the corner of West Desoto Street and West Avenue to allow for safer pedestnan crossing. Council Member Goodgame commented the center line on West Desoto Street should be realigned. Economic Development Director Hitt stated the Public Works Department will be recoating the street and re-centenng the line Council Member Mullins requested landscaping between the road and the wheel-stops in the grass parking lot. Staff recommended approval of the proposed West Desoto Street parallel parking spaces and the grass parking lot Mayor Ash opened the public heanng Karen Schaffer, Magic Moments, requested clanfication on the cross-walk design and expressed concern regarding child safety. Economic Development Director Hitt reviewed the details of the cross-walk design. 4 City of Clermont ' MINUTES REGULAR COUNCIL MEETING October 13,2015 Mayor Ash requested the City erect `Caution-Children Crossing' signs. Charles Forth expressed concern regarding traffic blockage while loading and unloading children at Magic Moments. He commented on the increase of use at Magic Moments since the onginal Conditional Use Permit was granted, and stated the City should address the increase of use at the facility. Charlene Forth expressed concern the grass parking lot would be used by Magic Moments staff and customers She commented on the on-site parking requirements attached to the Magic Moments Conditional Use Permit and requested the City enforce the permit conditions. Council Member Goodgame stated traffic back-up conditions occur at most public and pnvate schools He suggested limiting parking time to two hours. Mayor Ash commented the parking was public parking and the City could not prevent someone from using the parking spaces. Karen Schaffer, Magic Moments, commented the employees park behind the Magic Moments facility and the VFW area. Mayor Ash closed the public heanng. Council Member Mullins spoke in opposition of limiting parking time Council Member Mullins moved to authonze staff to proceed with the presented proposal with the addition of landscaping in the grass parking lot; seconded by Council Member Goodgame. The motion passed with all members present voting aye Item No. 13—Ordinance No.2015-75,Introduction-New Zoning District Deputy City Clerk Noak read Ordinance 2015-75 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda, amending the Code of Ordinances, Article IV Planned Unit Developments, Chapter 122 Zoning, Section 122-311 Purpose and Intent of Article, Section 122-313 General Requirements; Section 122-314 Location, Section 122-315 Review Cntena; Section 122-316 Procedure for Review and Approval; Section 122-317 Amendments to Development Plan; Section 122-318 Conflicting Provisions; providing for codification, severability, effective date, and publication. Council Member Goodgame moved to introduce Ordinance 2015-75, seconded by Council Member Mullins. The motion passed with all members present voting aye. NEW BUSINESS Item No. 15—Variance Request, Clermont Ridge Planning Manager Henschel presented the two vanance requests to construct a new commercial development with shared parking. The proposed development will consist of three commercial buildings with a total of 15,500 square feet. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 The first vanance request was for a landscape buffer of less than 20 feet adjacent to a right-of-way. The applicant's parcel is behind a Florida Department of Transportation water retention area adjacent to Highway 50. The applicant proposed a 10 foot landscape buffer for the portion behind the water retention area The remaining portion of the buffer would have the required 20 foot landscape buffer. Staff recommended approval of the first variance request. The second variance request was for a reconfiguration of the three parcels to share a common dnveway and eliminate the landscape buffer between the parcels Staff recommended denial of the second vanance request. Ryan Stahl, Equinox Development, was present on behalf of the owner. Mr. Stahl stated the interested parties for the three parcels were Cheddar's,Zoey's, and Pollo Tropical. Mayor Ash opened the public heanng. There were no public comments Mayor Ash closed the public heanng. Council Member Mullins supported the landscape variance adjacent to Highway 50 and the elimination of a landscape buffer between the Cheddar's and Zoey's parcels. He requested additional landscaping in the buffer at the entryway Mayor Ash was opposed to eliminating the landscape buffer between the parcels. Council Member Goodgame was in agreement with Council Member Mullins. Council Member Mullins inquired if the finished floor elevation would be above Highway 50. Planning Manager Henschel stated the elevation plans were not available. Council Member Mullins suggested moving two of the buildings to the west and enhancing the entryway with 15 feet of landscaping The Kimley-Horn Civil Engineering Consultant commented a portion of the sidewalk could be eliminated to provide 12 feet of landscaping at the entryway. He stated the Impervious Surface Ratio was substantially lower than the maximum the City Code allowed. Council Member Mullins inquired what the City's standard was regarding a landscape buffer next to a street. Planning Manager Henschel commented the standard was a 10 foot landscape buffer and the applicant confirmed the design could be changed to conform to the City's standard. Council Member Mullins was opposed to eliminating the sidewalk Mayor Ash commented the project contained only one entrance off of Highway 50. Planning Manager Henschel stated an additional entrance was located off Sandy Grove Avenue Council Member Mullins inquired if Tract A was a retention pond Mr. Stahl stated Tract A was a temporary retention pond and could be relocated when the remainder of the project was developed. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 Planning Manager Henschel reviewed the first vanance request: The Highway 50 landscape buffer vanance request was for a 10 foot landscape buffer off of the north property line. Staff supported the variance request Council Member Goodgame moved to approve the first vanance request, seconded by Council Member Mullins The motion passed with all members present voting aye. Planning Manager Henschel provided the second vanance request as amended: Eliminating the intenor landscape buffer between Lot 1 and Lot 2 Council Member Goodgame moved to approve the second vanance request as amended: seconded by Council Member Bates The motion passed with all members present voting aye. Item No. 16—Joint Planning Area,Skyway Towers Planning Manager Henschel stated Lake County staff requested a recommendation from the City Council for a Joint Planning Area vanance request to install a 199 foot communication tower located south of the Titan Sand Mine off Hartwood Marsh Road. The City's Land Development Code and the Joint Planning Area regulations do not allow a communications tower greater than 140 feet in height. The proposed communications tower design would be camouflaged using a 'pine tree' configuration Attorney Cecelia Bonifay, Ackerman, LLP, was present on behalf of Skyway Towers. The proposed tower location is southeast of the Titan Sand Mine and the surrounding properties are pnmarily five acre tracts of land. The tower would be located on the owner's property and there have been no objections from the surrounding property owners Skyway Towers will fence the tower and the building setbacks will exceed setback requirements. Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public heanng. Council Member Goodgame asked if a light would be required at the top of the tower. Attorney Bomfay commented the plans do not indicate a light on top of the tower. City Attorney Mantzans stated Federal Aviation Administration regulations regarding a light on top of a tower was site specific, and a tower determined to be a hazard would be required to have a light Council Member Goodgame inquired if an emergency generator was included. Attorney Bomfay commented an emergency generator was not included in the plans. Council Member Goodgame asked if the Metropolitan Planning Organization had been contacted regarding the Hartle Road re-alignment to the Sector Plan. Attorney Bomfay stated the Metropolitan Planning Organization was contacted and the tower would not be located within the new alignment area for Hartle Road 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 Mayor Ash expressed concern regarding the impact on surrounding property owners and any future developments along Hartwood Marsh Road Attorney Bonifay stated the area has been stable with five acre parcels and an agricultural-type lifestyle. The remaining undeveloped areas along Hartwood Marsh Road consist of a few open land parcels and the reclamation property of the Titan Sand Mine. Council Member Goodgame was opposed to the location Attorney Bonifay commented other locations were high density residential properties. Council Member Goodgame asked when Lake County would hear the vanance request. City Manager Gray stated he would advise Council Member Goodgame of the heanng date Council Member Goodgame recommended the communications tower include a generator with four days of fuel. Council Member Mullins recommended a monopole with the antennas inside Council Member Mullins moved to recommend to Lake County a monopole tower configuration with the antennas inside, and an emergency generator with four days of fuel, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 17—Resolution No. 2015-36,Expansion Area Finding of Necessity for Downtown (CRA) Deputy City Clerk Noak read Resolution 2015-36 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, relating to community redevelopment, finding the existence of blight conditions in an area of the City of Clermont; making certain findings and determinations; expanding the Community Redevelopment Agency area, providing an effective date. Economic Development Director Hitt reported on the proposed expansion area and the approval process required by the state. Mayor Ash opened the public hearing There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame moved to approve Resolution 2015-36; seconded by Council Member Bates Council Member Mullins inquired if the expansion included Carroll Street Economic Development Director Hitt stated the Community Redevelopment Agency area extended only to the south side of Carroll Street. The motion passed with all members present voting aye 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2015 Item No. 18—Ordinance No. 2015-70,Introduction-WaterBrooke Annexation Deputy City Clerk Noak read Ordinance 2015-70 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. Mayor Ash opened the public hearing There were no public comments. Mayor Ash closed the public hearing Council Member Mullins moved to introduce Ordinance 2015-70; seconded by Council Member Mullins The motion passed with all members present voting aye ADJOURN: With no further comments,this meeting was adjourned at 8 31pm. • APPROVED: Gail L. Ash, Mayor ATTEST: Tracy A oyd, City`lerk 9