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01-12-2016 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING January 12,2016 The Clermont City Council met m a regular meeting on Tuesday, January 12, 2016 in the Clermont Council Chambers. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Mullins, Bates, Goodgame, and Travis. Other City officials present were: City Manager Gray,City Attorney Mantzaris, and City Clerk Ackroyd Howe INVOCATION Pastor Bnan Broadway gave the invocation followed by the Pledge of Allegiance. PROCLAMATION City Clerk Ackroyd Howe read the Arbor Day proclamation aloud. PRESENTATIONS Year End Quarterly Budget Presentation—Fiscal Year 2015 Finance Director Van Zile presented the quarterly budget highlighting the performance report for the penod October 1, 2014 to September 30,2015. City Manager Gray stated the quarterly budget presentations are provided to inform the Council on the financial status of the City and are posted on the City's website. PUBLIC COMMENTS Michelle Michnoff and Lance Sewell; South Lake Chamber of Commerce, thanked Council for their support over the years. The Chairman's 2016 Gala will be held at the Clermont Arts and Recreation Center on February 12, 2016 at 6pm. The Gala will celebrate the South Lake Chamber's 20 year anniversary and host a farewell to South Lake Chamber of Commerce President Ray Sanfratello. Kurt Schuh; Veterans of Foreign Wars Post Commander, thanked Council for the opportunity to address an upcoming event request. The Veterans of Foreign Wars; m conjunction with the Clermont Downtown Partnership, requested approval to allow an open container area from loam until 3pm at their 70th Anniversary event The event will be held at City Hall Park and there will be a Chili Cook-off, Patnot Art Show, and a Tug-of-War Challenge between the Clermont Police and Clermont Firefighters. The proceeds of the Chili Cook-off will benefit local veterans and their families. City Manager Gray stated the event was occurring pnor to the next City Council meeting. The open container request will be held in a secured area on Montrose Street and requires approval from the City Council. Council Member Bates moved for approval of the open container area on January 24, 2016 from loam to 3pm. Council Member Mullins stated he supported the event; however would not vote due to a conflict with his business. The motion was seconded by Council Member Goodgame. The motion passed with all members present voting aye. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Ron Smart; Clermont Downtown Partnership, thanked Council and staff for their efforts and support provided to the Downtown Clermont Partnership events. Tim Murry distnbuted documents to Council regarding upcoming events. He invited Council to the Dr. Martin Luther King Day event on January 18,2016 at Waterfront Park begmmng at 9am, and to the South Lake Black Achievers Awards Banquet and Gala at the Clermont Arts and Recreation Center on February 14, 2016 beginning at 5pm Mr. Murry announced the Clermont Police Department won the basketball game against the Lake County Sheriff's Office in the 5th Annual Battle of the Badges. Captain McMasters accepted the Certificate of Appreciation Award from Christian Men In Action on behalf of Chief Broadway. REPORTS City Manager Gray announced a State of the City Address will be held at 8am on Tuesday, January 19, 2016 at the Clermont City Center He commented the contract regarding the Red Light Camera program will end on January 3,2017. City Attorney Mantzans—No report. Council Member Bates—No report. Council Member Goodgame wished everyone a Happy New Year. Council Member Mullins reported the First Fnday event in January was well attended Council Member Travis commented the City has a lot of newcomers who love the City's recreational offenngs and the friendliness of the community. She announced the Kick-off meeting for Sports and Tourism will be held at the National Training Center on January 13, 2016 at 8am. Mayor Ash provided an overview of the City's accomplishments in 2015: the opening of the Clermont Boat House, Splash Pad, Arts and Recreation Center, and Lake Hiawatha Preserve; the Master Plan for Growth, a 4th of July Celebration; and the ground-breaking for a new Police Station. She commended staff for all their efforts in providing events which are well attended and enjoyed. 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 December 8, 2015 Regular Council Meeting. Item No.2—Proposal Award Consider approval of Request for Proposals award to GAI Consultants,Inc., Wantman Group,Inc., and Cnbb Philbeck Weaver Group for downtown-waterfront projects. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Item No.3—Proposal Award Consider approval of Request for Proposals award to Presentation Products, Inc. d/b/a Spinitar to upgrade the Council Chambers audio/visual system and a budget amendment in the amount of$60,169 65 and a budget amendment in the amount of$25,169.65 Item No.4—Contract Award Consider request to piggyback the Florida Shenffs Association contract to purchase fleet vehicles for the Fire Department in the total amount of$42,509.50. Item No. 5—Replat Approval Consider Hentage Hills Phase 2-B Replat Lot 6 Item No.6—Replat Approval Consider Heritage Hills Phase 2-C Replat Lot 23. Item No.7—Plat Approval Consider Hunters Run Phase 3 Plat. Item No.8—Interlocal Agreement Consider Interlocal Agreement with Lake County for Traffic Signal Maintenance in the amount of$86,468.05. The City is reimbursed in the amount of$40,584. Item No.9—Utility Service Agreement Consider request for a Utility Service Agreement for Wastewater for Pinecrest Lakes Academy Charter School located at the northwest corner of Hancock Road and Old Highway 50. Item No. 10—Resolution No.2016-01 Consider request to approve Fiscal Year 2016 quarterly budget amendments. Item No. 11—Grant Request Consider Share the Road Challenge grant application and funding match in the amount of $25,000. Council Member Goodgame moved to approve the Consent Agenda as submitted, seconded by Council Member Mullins. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 UNFINISHED BUSINESS Item No. 12—Variance Request;Rorabaugh Semor Planner Kruse presented the two variance requests to allow construction of a garage 7 '/z feet from the street side property line and allow 7 '/z foot setbacks from the street-side and rear property line to relocate the existing shed The property is located at 297 West Osceola Street and fronts West Osceola Street, with the side property line along Third Street. The impervious surface ratio would remain below 55 percent on the property. The request was tabled at the December 8, 2015 Council meeting so the request could be considered by a full Council. Staff recommended denial of the two variance requests Mary Rorabaugh; Applicant, stated the property is 50 foot wide and a 25 foot setback would be impossible to achieve The garage will blend in with the cypress siding on the 101 year-old home and the surrounding neighborhood Mark Brackert; Brackert Construction, commented the garage would fit the character of the house with the wood siding and metal roof matching the original architecture of the home. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public heanng Council Member Mullins asked staff what the setback requirements were from neighbonng properties. Semor Planner Kruse stated the required side setback was 7 'h feet. Council Member Mullins inquired if the garage could be shifted to the east in alignment with the house. Mr. Brackert stated the garage could be shifted and aligned with the house. Council Member Goodgame stated the shed should also align with the house. Mr. Brackert commented the shed could be aligned with the house and the garage. Council Member Mullins asked if there was vegetation between the proposed garage and shed relocation. Mr. Brackert stated there were trees and vegetation located between the proposed garage and shed relocation. Mayor Ash commented a 12.8 feet setback in alignment with the house for the proposed garage and shed relocation was agreeable with the applicant. Council Member Mullins moved to grant the variances as amended, to line up the garage and shed with the western edge of the house; seconded by Council Member Goodgame. Council Member Bates asked if the shed would require a separate permit from the garage permit. City Attorney Mantzaris stated the Building Official would review the plans and determine the permit requirements The motion passed with all members present voting ave. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Item No. 13 — Ordinance No. 2015-71 Final, WaterBrooke Large-Scale Comprehensive Plan Amendment City Clerk Ackroyd Howe 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, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes, setting forth the authority for adoption of the Large Scale Comprehensive Plan Amendment, setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment, establishing the legal status of the Large Scale Comprehensive -Plan Amendment; providing a severability clause and providing an effective date. Senior Planner Kruse presented the Ordmance for a Large Scale Comprehensive Plan Amendment to change the future land use from Lake County's Urban Low Density to the City's Low Density Residential land use designation.-Mattamy Homes requested the change for the WaterBrooke residential subdivision, which will be located south of State Road 50 at Emil.Jahna Road. The property was annexed into the City and the Council approved a Conditional Use Permit for a Planned Unit Devleopment in October 2015. The request was originally scheduled to be heard at the December 8, 2015 Council meeting, but was postponed to allow receipt of review comments from the Department of Economic Opportunity The proposed amendment was reviewed by the Department of Economic Opportunity and the reviewing agencies and no objections have been raised. Staff recommended approval of the Large Scale Comprehensive Plan Amendment to change the future land use from Lake County Urban Low Density to Low Density Residential in the city. Jennifer Cotch; Akerman Senterfit Land Use Planner,was available to answer any questions. Mayor Ash opened the public hearing. Judy Prol1 read and distributed a letter from Frank Costanzo expressing concerns regarding future traffic on State Road 50. Judy Proli spoke in agreement with Mr. Costanzo's concerns. Jim Purvis encouraged Council to establish a plan for Hooks Street which involves all abutting property owners,and establishing a Pioneer Agreement with the WaterBrooke development. Mayor Ash stated the WaterBrooke development was previously approved by Council and the issue before Council was a request to change the future land use designation Council Member Goodgame stated Council had not required a traffic signal at the future Hooks Street entrance in the WaterBrooke Conditional Use Permit. He commented the road impact fees collected by Lake County are currently directed to the construction of the Wachiva Parkway. Council Member Goodgame recommended not approving the future land use change until the developer agrees to fund a traffic signal on Emil Jahna Road and Hooks Street. He requested Council consider requiring the WaterBrooke developers to enter into a Pioneenng Agreement with the City, and construct Hooks Street from Hancock Road to Emil Jahna Road. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Council Member Mullins commented the majonty of the vehicles from the subdivision will have access onto Hartle Road. He suggested Council approve the future land use designation and request City Manager Gray meet with Lake County on the construction of Hooks Street. Council Member Mullins moved to adopt Ordinance 2015-71; seconded by Council Member Travis. The motion passed 3 to 2 on a roll call vote with Council Members Goodgame and Bates opposing. Item No. 14—Ordinance No. 2015-74 Final, Table to March 8, 2016 Mayor Ash announced staff requested Council table Ordinance 2015-74 to March 8,2016. City Clerk Ackroyd Howe read Ordinance 2015-74 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending City Code Chapter 54 "Streets, Sidewalks and other Public Places", creating Article IV "Special Events", providing for Purpose and Intent; Definitions; Permit Required/Exemption, Application for Permits; Police Protection; Fire Protection and Emergency Medical Services; Limitations; conflict; severability; codification; and an effective date Council Member Bates moved to table to March 8, 2016; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 15—Variance Request;Advanced Watershapes Planmng Manager Henschel presented the five vanance requests to construct an office building on a vacant land parcel located on the south side of State Road 50 and west of Second Street. The first variance request was to reduce the required parking spaces from seven spaces to six spaces. The second variance request was to allow a side-yard setback of seven feet. The third variance request was to allow a rear-yard setback of twelve feet. The fourth variance request was to allow a right-of-way landscape buffer width of five feet. The fifth request was to allow a side landscape buffer of seven feet. The request was originally scheduled to be heard at the December 8, 2015 Council meeting, but was postponed at the applicant's request so the request could be considered by a full Council Staff recommended denial of the variance requests. City Attorney Mantzans noted the next agenda item; Freeman Lien Release, was associated with the current agenda item John Wetzel; Applicant, commented the parking space reduction was to accommodate fire vehicle access. The pool area would be a small area used for displaying fountains and water features, and the twelve foot setback requirement can be met. Mr. Wetzel reviewed a site plan showing similar setbacks for the current location at East Avenue and State Road 50. Mayor Ash opened the public hearing. Jim Purvis spoke in opposition of the variance request, citing prior Code Enforcement issues with the applicant's current location at East Avenue and State Road 50. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Pat McFarland spoke on behalf of her aunt; Evelyn McFarland, who owns property adjacent to the applicant's. Ms. McFarland stated her aunt has water run-off problems due to the lower elevation of her property and requested protection from future development in the area. Leonardo Vidal commented Ms. McFarland's water run-off was from a parking area located on Chestnut Street. Mayor Ash closed the public heanng. Council Member Travis inquired who owned the property Mr Wetzel stated he had a purchase agreement with the property owner,pending approval from Council to develop. City Attorney Mantzans stated a representative for the property owner was present for the Freeman Lien Release agenda item. Mr. Wetzel addressed the water run-off concern and stated the property would be designed with a water retention pond. City Attorney Mantzans asked Mr. Wetzel to clanfy the variance requests which were no longer required. Mr. Wetzel stated the second variance request to allow a side setback of seven feet could be eliminated Council Member Mullins expressed concerns regarding the proposed setbacks, the retaining wall, the finished floor height, and the property slope Mr. Wetzel indicated the retaining wall was no longer part of the proposed plan, the finished floor height would be even with the existing land, and the property would be graded flat. Council Member Bates asked about future use plans for the project. Mr. Wetzel stated the building would only be for office use. Council Member Travis inquired about the future status of the business at East Avenue and State Road 50. Mr. Wetzel stated the location at East Avenue and State Road 50 was sold. Council Member Goodgame commented the property was not suitable for the proposed structure. Council Member Mullins moved to deny the vanances; seconded by Council Member Goodgame. The motion passed 3 to 2 with Council Members Bates and Travis opposing. NEW BUSINESS Item No. 16—Lien Release; Freeman Development Services Director Hollerand presented the request for a lien release on vacant property located south of State Road 50 and west of Second Street; Alternate Key 1611547. The property had two code enforcement cases for property maintenance violations The Code Enforcement Board authorized foreclosure of the lien in November 2013. The Code Enforcement Division issued an Affidavit of Compliance on November 3, 2015 Fines of$289,750 accrued while the property was out of compliance. The property owners, Donald Freeman and James Freeman, Jr., have a purchase contract on the property and were requesting elimination of the fine and a release of the lien. Staff recommended a full waiver was not appropnate given the length of time the property was not in compliance. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 James Freeman, Jr., from Georgia; was representing him and his brother, Donald Freeman, from Connecticut. James and Donald Freeman assumed the responsibility of paying taxes on the property five years pnor to the passing of their parents. The property size was reduced on several occasions due to the widening of State Road 50, rendering the property unsalable until the recent purchase agreement with Mr Wetzel Mr Freeman stated the property has been maintained over the past several years and requested Council consider waiving the lien Mayor Ash opened the public heanng. Harry Mason spoke in favor of foreclosing on the property. Mayor Ash closed the public hearing. Council Member Mullins asked staff the monetary value which had been invested in cases. Development Services Director Hollerand stated the amount was not as extensive as other cases. City Attorney Mantzans commented limited staff time was involved and the lien recording fees were approximately$20. The typical costs to pursue similar cases were less than$500 Council Member Mullins suggested accepting$500, if paid within 180 days Council Member Travis, Council Member Goodgame, Council Member Bates, and Mayor Ash spoke in opposition of the request Mayor Ash inquired of other options the City may have as opposed to placing a lien. City Attorney Mantzans stated when reviewing liens,the City determines what the City would gam when pursuing a foreclosure and the expenses associated with a foreclosure. The issue with the Freeman property was the property is still m the name of the deceased parents. The City would need to open an estate because the named individuals are deceased.The property taxes have not been paid since 2011, and should the City foreclose the City would have to pay the property taxes. The owner of the tax certificate issued in 2012 could apply for a tax deed certificate and ultimately there would be a new owner through a tax deed sale. City Attorney Mantzans commented local governments occasionally relinquish a property hen to obtain a responsive owner to the property. The ultimate goal is compliance, and the current property owners have kept the property in compliance since November 2015. Mayor Ash asked if the City could tie the sale of the property with releasing or lowering the lien. City Attorney Mantzans stated when the property closed, the City could state they would accept a certain amount of money to release the lien. Council Member Travis inquired if the property was sold as a tax deed, would the lien stay on the property. City Attorney Mantzans commented the lien would survive the property transfer. Council Member Mullins suggested the City provide an affordable hen reduction in the $500 to $1,000 range,contingent upon a time frame for the property to remain in compliance Mayor Ash suggested applying a percentage of the existing lien. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12,2016 Council Member Mullins moved to reduce the lien to $1,000, conditioned on payment within 180 days, and the property remains in compliance. Council Member Travis stated a hen reduction would not be successful due to the denial of the associated variance request Council Member Mullins asked when Mr. Wetzel could come before Council with another development proposal. City Attorney Mantzans commented Mr.Wetzel could come before Council at any time Council Member Bates inquired when the property could be sold. Mr. Freeman commented there was a contract on the property, contingent upon the variances which were denied. Mr. Freeman offered to pay the$1,000 immediately. Council Member Goodgame spoke in opposition of reducing the lien to $1,000. Council Member Mullins asked if the property had remained out of compliance for the duration of the liens. City Attorney Mantzans commented the full compliance date was November, 2015. The onginal property owners mowed the property and removed a dangerous tree, however the tree stumps were not removed. The City remained in contact with the out-of-state property owners and the property owners have not ignored the City City Attorney Mantzans commented the intent of Council Member Mullins motion states the existing lien would be reduced to $1,000, provided the lien is paid within six months; if the amount is not paid within six months, the lien would revert back to the original amount. Council Member Mullins was in agreement. The motion died for lack of a second. Mayor Ash suggested tabling the lien release and have staff work with the owners and Mr Wetzel on developing the property. Council Member Mullins was opposed to Council involvement in negotiations between property owners and developers. Council Member Goodgame moved to table to March 8, 2016; seconded by Council Member Travis The motion passed 3 to 2 with Council Members Bates and Mullins opposing. Item No. 17—Variance Request;Home Depot Planning Manager Henschel presented the two variance requests to accommodate increasing sales for the Home Depot store. The proposal was to expand seasonal business sales by offering an easily accessible outdoor sales and pick-up area for customers. The first vanance request was to allow seasonal outdoor sales from February 1, 2016 through July 7, 2016. The sales will pnmanly consist of large items such as mulch, soil, palm trees, and bagged rock. The second variance request is for a reduction of parking spaces on the west side of the building while operating the outdoor sales events. Staff recommended denial of the two vanance requests 9 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Shane Schettle was present on behalf of Home Depot and clanfied the request was for a temporary outdoor storage area and a reduction of 28 parking spaces. Mayor Ash opened the public heanng. Jim Purvis spoke in opposition to the request Mayor Ash closed the public heanng. Council Member Mullins asked if items would be stacked on pallets, how high the pallets would be stacked,and if the aisles would remain open for traffic. Mr. Schettle stated the items arrive on pallets and would not be stacked more than two pallets high. The aisles would not block traffic flow. Council Member Mullins moved to grant the variance requests under the conditions an open driveway was maintained with a maximum of nine-foot high pallets in a stack; seconded by Council Member Travis The motion passed with all members present voting aye. Item No. 18—Ordinance No.2016-02;Introduction, Hartle Grove Multifamily Annexation City Clerk Ackroyd Howe read Ordinance 2016-02 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 2016-02; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 19—Ordinance No.2016-03;Introduction, Hartle Grove Multifamily Rezoning City Clerk Ackroyd Howe read Ordinance 2016-03 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 descnbed herein as shown below; providing for severability, effective date,and publication. Council Member Mullins moved to introduce Ordinance 2016-03; seconded by Council Member Bates. The motion passed with all members present voting aye. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12, 2016 Item No. 20—Ordinance No.2016-04;Introduction, South Lake Connector Rezoning City Clerk Ackroyd Howe read Ordinance 2016-04 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 descnbed herein as shown below; providing for severability, effective date,and publication. Council Member Mullins moved to introduce Ordinance 2016-04, seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.21 —Ordinance No.2016-05;Introduction, State Road 50 Right-of-Way Annexation City Clerk Ackroyd Howe read Ordinance 2016-05 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of State rights-of-way being State Road 50 from east of South Greater Hills Boulevard to the Lake County line, to include State owned retention ponds adjacent to the right-of-way, said right-of-way being contiguous to the City of Clermont and being annexed in accordance with the voluntary annexation provisions of Section 171 044, Flonda Statutes; redefinmg the boundanes of the City of Clermont to include said right-of-way; providing for findings, legal description and a map; directing the City Clerk to record this ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Lake County, and with the Department of State; providing for recording,conflicts, severability, and an effective date. Council Member Mullins moved to introduce Ordinance 2016-05; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.22—Ordinance No.2016-06 ;Land Development Code Amendment, Parking City Clerk Ackroyd Howe read Ordinance 2016-06 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 62 Traffic and Vehicles, creating a new Section 62-39 Parking for Certain Purposes Prohibited; Sale of Motor Vehicles; Prohibited Acts; providing for codification; severability; effective date; and publication. Council Member Mullins moved to introduce Ordinance 2016-06; seconded by Council Member Bates. The motion passed with all members present voting aye. Richard Turner spoke regardmg traffic speeding on East Minnehaha Avenue and stated Economic Development Director Hitt had advised the item would be on the January 12, 2016 agenda City Manager Gray stated staff was reviewing traffic in the area and the item is scheduled for the February 9, 2016 agenda. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING January 12,2016 Council Member Mullins asked if temporary stop signs could be installed City Manager Gray will meet with Police Chief Broadway and Lake County on installing temporary stop signs ADJOURN: With no further comments, this meeting was adjourned at 9 10pm. APPROVED: r, „ Ar .7)101;14r.2a121.------ '� Gail L. Ash,Mayor { rR^rb, /e ortt "` ATTEST: J � # Tracy Ackroyd Howe,City Clerk 12