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10-27-2015 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 The Clermont City Council met in a regular meeting on Tuesday, October 27, 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, Travis, and Goodgame. Other City officials present were City Manager Gray,'City Attorney Mantzans,and City Clerk Ackroyd. INVOCATION Pastor Jim Hewitt gave the invocation followed by the Pledge of Allegiance. PROCLAMATION City Clerk Ackroyd read the Small Business Saturday proclamation aloud. Mayor Ash presented the proclamation to Ron Smart,Clermont Downtown Partnership. PRESENTATION 2040 Long Range Transportation Plan TJ Fish presented an overview of the Lake-Sumter Metropolitan Organization 2040 Long Range Transportation Plan. The long range plan included road projects, a transit development plan, and bicycle and pedestnan projects. The plan will be available on the City's website and at MPO.com Council Member Goodgame commented the Citrus Grove Road project will bnng more traffic onto Hancock Road north of Highway 50. Council Member Mullins inquired who should be contacted regarding the proposed bicycle lanes. City Manager Gray stated staff will continue to actively pursue bicycle lanes with Lake County. Council Member Mullins asked if Council could take action to officially support bicycle lanes. Mayor Ash suggested staff develop a resolution. City Manager Gray commented staff would work on a resolution. PUBLIC COMMENTS Jim Purvis asked Mr. Fish and the City Council to actively pursue restricting 18-wheelers to two lanes on US Highway 27 in Clermont. Mr Purvis requested the restriction be included in the resolution regarding bicycle lanes. Harry Mason stated a pro-rata share of money was set aside by Lennar Homes for a traffic signal at Heritage Hills'Bo- and Hancock Road. Mr. Mason requested the City move forward with the traffic signal. City Manager Gray stated Hancock Road was within the jurisdiction of Lake County. The City can request Lake County review the need for a traffic light at that intersection. Charlene Forth commended the City for approving a Resolution in opposition of the bear hunt. 1 • City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 Ana LeBlanc stated her son, Jacob Cortez, crosses Highway 50 from East Avenue to attend middle school. Ms. LeBlanc commented the Police Department informed her that the intersection did not warrant a crossing guard City Manager Gray noted a few years ago the Lake County School Board cut their transportation budget and discontinued providing free bus service for residents within a two mile radius of a school The City provides crossing guards for the.elementary schools, however does not have the resources to provide crossing guards to the middle schools Council Member Goodgame inquired if Ms LeBlanc voiced her concerns at a Lake County School Board meeting. Ms. LeBlanc stated she contacted the Lake County School Board and they were investigating placing signs at the location. Council Member Goodgame suggested the Lake County School Board install a flashing light at Highway 50 and East Avenue. City Manager Gray will contact the Lake County School Board Supenntendant. Ms LeBlanc commented the issue is vehicles turning nght onto either East Avenue or Highway 50. Council Member Travis suggested installing 'no nght turn on red' signs at the location City Manager Gray will look into the signs. Council Member Bates suggested using volunteers to assist at the crosswalk. Council Member Mullins suggested using the elementary school crossing guard at the middle school after the crossing guard's shift ended. City Manager Gray commented there was an hour difference in the start time between the elementary and middle schools. Mayor Ash requested staff address Lake County to install signs at the intersection. REPORTS City Manager Gray announced Council Member Travis placed 4th in the World Duathlon Championships held in Australia. City Attorney Mantzans—No report. Council Member Bates announced he was appointed to the Lake County Water Safety Advisory Committee for a 1-year term. Council Member Goodgame reported the Histonc Village will be open Halloween night to hand out candy. The Methodist Church will have Trunk or Treat in their parking lot on Halloween. Council Member Goodgame distnbuted an article regarding police body cameras and expressed support in moving forward with providing body cameras for the City's Police Officers. City Manager Gray commented the issue will be discussed at a future Council workshop. Council Member Mullins commented on the vanous events held in downtown Clermont and encouraged the citizens to support the local businesses. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27,2015 Council Member Travis thanked the Police Department for their assistance at the Great Floridian Tnathlon. Council Member Travis requested Council consider having a Youth Council. Mayor Ash spoke in support of having a Youth Council. City Manager Gray stated staff is researching the suggestion. Mayor Ash represented the Lake County municipalities at the Central Florida Leadership Congress on October 16. All Aboard Florida's Orlando Station will be completed in 2017. A special presentation was made regarding funding to maintain Orlando's simulation center, which is the largest simulation center in the world. The Leadership Congress adopted a resolution in support of the funding, which will be sent to the Governor. Mayor Ash held `Coffee with the Mayor' on October 17 and several of the issues discussed included improvements to City parks, fees for the Champions Splash Pad, a tenant for Sweet Bay, and the needs of the homeless She attended the Federation of Gardens Club meeting, the Kings Ridge Women's Club, and a presentation on the 2007 Charleston Tragedy. Mayor Ash encouraged the citizens to visit the City's website. 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 September 10,2015 First Budget Public Hearing,the September 22,2015 Regular Council meeting, and the September 24,2015 Final Budget Public Hearing. Item No. 2—Bid Award Consider approval of bid award contract to Allstate Paving, Inc. to provide drainage and road improvements on Pitt Street, East Mmneola Avenue,Roane Road,and East Montrose Street in the amount of$781,538. The contract is to be funded from the Community Development Block Grant in the amount of$644,000,Fiscal Year 2015 carry forwards totaling$125,000 from the Water and Storm water Funds,and Fiscal Year 2016 funds in the amount of $12,538 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27,2015 Item No.3—Surplus Request and Single Source Consider approval of single source purchase Purchase from Physio-Control, Inc. to purchase Life Pak 15 Cardiac Monitor/Defibrillators,AED, and Cardiac Rhythm generator and declare end of life inventory as surplus from the Fire Department and dispose of in accordance with the Purchasing Policy The total pnce of $120,582 35 includes $15,000 credit for the trade-in of surplus equipment. Item No.4—Single Source Purchase Approval Consider approval of single source determination from CUES, Inc. to purchase one camera truck for Environmental Services Department in the total amount of$230,200. Item No.5—Contractor Name Change Consider request for contractor name change from Amec Environmental & Infrastructure, Inc. to Amec Foster Wheeler Environment& Infrastructure, Inc. Item No. 6—Utility Service Agreement Consider request for water service to a single family home owned by Bebe R Yasin at 15520 Laguna Road. Item No.7—Resolution No. 2015-39 Consider approval of Resolution for an additional Deferred Compensation(457b) Option to be administered by the League of Cities Item No.8—Resolution No. 2015-40 Consider approval of an annual employee (holiday)bonus program. Item No.9—Employee Group Medical Plan Consider approval of the proposed employee group medical plan changes effective January 1, 2016. Item 2 was withdrawn from the Consent Agenda Council Member Mullins pulled Item 8 for discussion Council Member Goodgame moved to approve Item 1, Items 3 through 7, and Item 9; seconded'by Council Member Mullins. The motion passed with all members present voting aye. Council Member Mullins was opposed to possibly binding future City Council's to an employee bonus program and using the word `bonus' City Manager Gray stated the Resolution was a result of legislation the state previously passed The Council will have the ability to exclude the annual bonus dunng the budget process. 4 f City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 City Attorney Mantzans stated the legislation requires a Resolution establishing the parameters to have a bonus program. The bonus will be dependent on the City Council budgeting the money for the program during the annual budget process. Council Member Mullins moved‘to adopt item number 8; seconded by Council Member Goodgame The motion passed with all members present voting aye UNFINISHED BUSINESS Item No. 10—Charlene Forth Charlene Forth distnbuted DVDs from 2001 to the City Council City Attorney Mantzans inquired if all of the DVDs were identical. Ms. Forth responded all the DVDs were identical. Ms. Forth addressed the Council regarding her objection to a time limit for public comments. She requested Council listen to the public and allow them to speak for the amount of time needed to address an issue. Mayor Ash opened the public hearing. There were no public comments Mayor Ash closed the public hearing. Mayor Ash asked Ms. Forth if she was objecting to the time limit for public comments. Ms. Forth stated she objected to the time limit for the public to speak and commented the public should be allowed the same amount of speaking time as a presenter. City Attorney Mantzans clarified the Council approved a Resolution that included the established time limits. The language in the City's Resolution is authorized by law The law allows governmental agencies to adopt time limits for, public comment on issues. The main purpose is to ensure each individual has the opportunity to address the governing body. The Resolution does provide that the time can be extended by the Mayor or the presiding officer It is established by the City Council. It does provide that the time can be extended by the Mayor,and Council can request the Mayor provide additional time. The Resolution would have to be changed if the Council would like to make changes to the time limits. Council Member Mullins stated Mayor Turville was very generous with the time allowed for the public to speak Mr. Mullins commented the time limit helps the public gather their thoughts. The City is very generous compared to the Lake County Board of County Commissioners and the Lake County School Board. Jim Purvis commented it was the manner and delivery of the cut-off which displeases the public, not,the amount of time to speak. Mayor Ash stated the time limits are instituted when there are an excessive number of people who wish to address an agenda item 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 Council Member Goodgame asked City Clerk Ackroyd to pull the time limit Resolution. Allison Auld requested Council use common sense regarding the time limit for the public to speak Item No. 11 —Variance Request,Arby's Senior Planner Kruse stated the variance request was scheduled to be heard at the October 13, 2015 meeting; however the applicant asked to postpone the request at a meeting with a full Council. The applicant is requesting six variances to build an Arby's restaurant on an out parcel in the Clermont Landings Shopping Center. The requested variances include (1) allow a western landscape buffer less than 20 feet, (2) eliminate the northern landscape buffer, (3)reduce the parking space depth to 18 feet, (4) eliminate the wheel stops and use raised curbs, (5) allow a ground sign in excess of 10 feet in height; and (6) allow the interior landscape terminal island to be less than 300 square feet and no canopy tree Staff recommended denial of the variance requests. Jeff Earhart; CPWG, Inc, was present on behalf of Arby's. The western portion of the property has a retaining wall and the buffer reduction request was to allow access for fire trucks. The northern buffer line slopes down to a heavily vegetated area and the proposal was to retain the current vegetation The parking spaces will be 18 feet deep with curb stops and 2 feet of green space after the curb stops, providing for fire truck turning radius and landscaping next to the building The landscape island reduction will allow for three extra parking spaces The parcel has a retaining wall with a five foot setback, which does not allow for a sign between the retaimng wall and the right-of-way line. The sign would be located on the steeply sloped northwest corner and the additional height requested is to bnng the bottom of the sign to the same elevation of the closest retaining wall Mayor Ash opened the public heanng. Jim Purvis and Judy Proli commented the project was too large for the land parcel. Mayor Ash closed the public hearing. Council Members Mullins and Bates spoke in agreement with Mr. Purvis and Ms. Proli Council Member Goodgame inquired if the building could be placed further northeast on the parcel The project engineer commented the building could be moved northeast approximately three to four feet. Council Member Travis asked if the building size could be reduced The building contractor stated the square footage of the building had already been reduced. Council Member Mullins expressed concern with the location. Mayor Ash commented she was not opposed to eliminating the wheel stops or the exterior buffer reductions. The variances do accommodate fire truck access to the building Council Member Travis suggested gearing the business towards drive-thru customers Council Member Goodgame asked how many parking spaces were required by Code. City Manager Gray stated 22 parking spaces were required. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 Council Member Bates commented the layout contained more than the required parking spaces and inquired if different layouts had been considered. Jeff Earhart stated some parking spaces could be removed. Mayor Ash inquired'if the applicant was willing table the request and make changes to the site plan to address Council's concerns. Mr. Earhart was in agreement. Council Member Mullins supported elimination of the wheel stops and the length of the parking spaces. He was opposed to the sign on a 12 foot base and suggested running the fence behind a sign which meets Code. Mr Mullins supported 12 feet of landscaping above the wall if there was attractive landscaping between the wall and US Highway 27. Council Member Travis suggested eliminating the parking spaces not required by code and move the building further north. She suggested moving the entrance to the property. Mr. Earhart indicated moving the-entrance would cut through another' properties parking area. Ms. Travis noted most of Arby's customers use the dnve-thru. Mayor Ash was opposed to the sign Council Member Goodgame moved to table Item 11 to November 10, 2015; seconded by Council Member Mullins.The motion passed with all members present voting aye Mayor Ash recessed the meeting'at 8:47pm. Mayor`Ash reconvened the meeting at 8:57pm. - Item No. 12—Ordinance No.2015-75,Final Hearing City Clerk Ackroyd read Ordinance 2015-75 aloud by title only Anr in O d ince 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 1 22-314 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. Senior Planner Kruse presented the proposed ordinance to add Planned Unit Development as a new zoning distnct Histoncally a Planned Unit Development has been approved through a Conditional Use Permit with an underlying zoning distnct, causing confusion when processing and recording a Planned Unit Development Additionally, the existing process is complex when processing annexations under the Interlocal Service Boundary Agreement if the 'existing zoning in Lake County is a Planned Unit Development. Staff recommended approval. Mayor Ash opened the public heanng. There were no public comments Mayor Ash closed the public heanng. Council Member Mullins moved to adopt Ordinance 2015-75, seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 The next three items were heard collectively and voted on separately Item No. 13—Ordinance No.2015-70,Final Hearing City Clerk Ackroyd read Ordinance 2015-70 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 contiguous to the present City boundanes; providing for an effective date, severability,recording,and publication. NEW BUSINESS Item No. 14—Resolution No.2015-24, WaterBrooke City Clerk Ackroyd read Resolution 2015-24 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 single-family and multi-family residential Planned Unit Development in the UE Urban Estate zoning district Item No. 15—Ordinance No.2015-71, WaterBrooke Transmittal City Clerk Ackroyd read Ordinance 2015-71 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, 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; providing a severability clause and providing an effective date. Senior Planner Kruse stated the applicant; Mattamy Homes, was requesting annexation of the vacant Jahna Sand Mine property located at 13431 Emil Jahna Road. Staff recommended approval of the annexation request The applicant is requesting a Conditional Use Permit for a Planned Unit Development consisting of 950 residential lots. The applicant received approval from Lake County for 894 dwelling units and recently received school concurrency approval for the additional 56 units. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 The applicant requested waivers to the City's Code and staff supported(1) allowing private streets within the subdivision with gated entry and exits, (2) allowing construction of Emil Jahna Road without bikeways and incorporate 10 foot trail on the west side, (3) allowing construction of 20-foot wide, one way alleys with 12 feet of pavement if emergency access is maintained (4) allowing cut and fill up to 20 feet in the construction of Hartle Road(5) allowing street trees in front of residential lots to count toward required trees on the lot and allow trees to be less than 6 feet from curbs and sidewalks, and (6) allowing community amenity buildings with a maximum building height of 55 feet. The applicant has challenged several of the utility provisions included in the Conditional Use Permit Staff's position was the conditions are per code and apply to'proposed project. Staff recommended approval of the Conditional Use Permit for a Planned Unit Development,as written. The applicant is requesting a future land use change from Lake County's Urban Low Density to the City's Low Density Residential. Upon approval by Council, the proposed change would be transmitted to the Flonda Department of Economic Development and reviewing agencies for review. A final public heanng will be held in December. Staff recommended approval of transmitting the Large Scale Comprehensive Plan Amendment to change,the future land use from Lake County Urban to the City's Low Density Residential Attorney Cecelia Bomfay was present on behalf of the applicant, Mattamy Homes, and introduced staff and representatives present The major access points to the proposed development will be Emil Jahna Road off of Highway 50 and the Hartle Road extension. The entrances off the new Hartle Road extension will be gated to reduce cut- through traffic for the homeowners in the surrounding area. Lake County requested 120 feet of nght-of- way for the new Hartle Road extension and 100 foot of slope easement. Tom McCarthy; Mattamy Homes Vice President, provided background information on Mattamy Homes and provided brochures of existing communities they developed Mayor Ash opened the public hearing Michael Megler represented two homeowners associations located along Island Boulevard. He read a letter from Mattamy Homes agreeing to provide gated entrances on the Island Boulevard section of the project. Mr. Megler asked to have the provision added to the Conditional Use Permit. Judy Proli spoke in opposition of the project. Jim Purvis expressed concern regarding the Lake County School Board approval regarding concurrency. Mayor Ash closed the public heanng. Council Members Mullins and Goodgame disclosed they met with Ms Bomfay pnor to the meeting Council Member Travis asked where the main entrance was located Attorney Bomfay stated the main entrance was from Emil Jahna Road off of Highway 50 9 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 Council Member Travis inquired about a sign at the main entrance Ms Bomfay stated a waiver request had been filed for an off-site sign, which was not approved by staff. Hartle Road is an impact fee eligible road and there is a condition stating if the developer enhances the road,the developer would have to work out an impact fee agreement with Lake County for impact fee credits: The developer is also providing right-of-way for Hooks Street. Council Member Goodgame commented on the necessity to construct Hooks Street from Hancock Road due to the number of school buses currently having to utilize Highway 50. Attorney Bonifay stated a traffic analysis was conducted and the analysis showed Hooks Street was not needed for the development. Council Member Mullins commented 40% of the homes are located near the two southern gates, which will use Hartle Road. Mr. Lacey stated the access points will reduce the volume of traffic using Emil Jahana Road and Emil Jahana Road will have a traffic signal. Council Member Travis stated annexing the development into the City would provide the City with control. Ms. Travis requested bikeways be included in the development and the lighthouse height reduced to 45 feet. Mr. Lacey commented there would be a ten foot wide pathway designed for bicycles and pedestrians and would be out of the traffic lane. The lighthouse height elevation was due to the 40 foot elevation change from the pond surface,and another 15 to 20,foot elevation change from the traffic circle Council Member Mullins expressed concern regarding fire protection for the lighthouse Council Member Travis commented the project would impact the City's Police and Fire Departments. Council Member Bates requested clanfication on the Lake County approval. Attorney Bonifay stated it was approved by Lake County as a Planned Unit Development allowing for four units per acre Annexing into Clermont allows up to three units per acre and the overall project is 1 76 units per acre. Council Member Bates inquired why the project had not moved forward with Lake County Attorney Bonifay commented the owners would like to be inside the City of Clermont city limits. Council Member Bates asked what the breakdown was of the type of residences. Attorney Bonifay stated the development would consist of approximately 185 townhome units and the remainder would be single- fannly homes. Council Member Mullins commented the project was the type of community he would like to see in the City. Council Member Mullins moved to adopt Ordinance 2015-70, seconded by Council Member Travis The motion passed 5 to 0 on a roll"call vote. Council Member Mullins requested clarification on the waivers. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING October 27, 2015 City Attorney Mantzans stated the waiver associated with the pnvate streets and gated community stated it was `allowed'. He suggested changing the wording from`allowed' to `required'. Council Member Mullins moved to adopt Resolution 2015-24 as amended with the Homeowners letter, and a 45 foot height limit on the lighthouse, seconded by Council Member Travis. The motion passed 4 to 1 on a roll call vote with Council Member Goodgame opposed Council Member Mullins moved for introduction to transmit Ordinance 2015-71; seconded by Council Member Travis. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 10:17pm. 1,j� `', ' ( �,.i i tq ,A`''+, APPROVED: ifg.'4,, I, ,,, , i , e f 'i''7 4 ,'i 4 2i '�" ;i. �� x'''t ?. j Gail L. Ash,Mayor e ' '''''es /ATTE§T:` L 414A,,,.,,•.^. y' 4oceS,, ,7d' 4(:), Tracy Ackr 2 d, City Cler 11