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02-23-2016 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 The Clermont City Council met in a regular meeting on Tuesday, February 23, 2016 in the Clermont City 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 Oyewale,and City Clerk Ackroyd Howe INVOCATION Pastor Chns Walker gave the invocation followed by the Pledge of Allegiance PRESENTATIONS 2016 Healthy Weight Community Award Enc Kissler, Flonda Department of Health, presented the City with the State Surgeon General Community Champion Award The award recognizes the commitment of the City of Clermont for citizens to be healthy Quarterly Budget Presentation—October 1, 2015—December 31, 2015 Finance Director VanZile provided an update for the first quarter of Fiscal Year 2016 The top ten revenues, major fund revenues and expenditures, and departmental expenditures were reviewed The report is available on the City of Clermont's website PUBLIC COMMENTS Helmut Michelson expressed concern regarding a news article about an injured Clermont Police Officer and the City not providing insurance benefits until one year after employment City Manager Gray stated the City provides insurance benefits after 90 days of employment and the Police Officer is covered REPORTS City Manager Gray reported the Council will hold a Retreat on February29,2016 beginning at 8am at the Highlander Building Lake Emergency Medical Services was available the afternoon of the Retreat or on a later date to address Council concerns regarding ambulance service Mayor Ash preferred the meeting be held a different day Council was in agreement with Mayor Ash City Manager Gray commented Apopka Mayor Kilsheimer expressed concern regarding the Lake Apopka Gas Distnct The Lake Apopka Gas Distnct is owned by the municipalities of Winter Garden, Apopka, and Clermont Clermont representative Ann Dupee is the Chairperson and will present a report to the City Council City Manager Gray reported the PFX Athletics 2016 Spnng Games have begun and will continue for the next five weeks The Lake County Rowing Association will hold a regatta next weekend City Attorney Oyewale—No report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Council Member Bates announced Clermont Elementary will celebrate their 100"'anniversary this spnng Lake County is seeking volunteers for Saturday, February 27, 2016 from 9am to 12 noon to assist with painting the school Mr Bates reported Lake County is holding a Keep Lake Beautiful clean-up event at Lake Hiawatha Preserve on March 5, 2016 beginning at 8 30am Council Member Goodgame reported the Kings Ridge community will celebrate their 20th anniversary February 27, 2016 at loam Council Member Mullins announced the following Downtown Clermont events The Vintage Market and Garden Show will be held Downtown on February 27, 2016 from 9am to 4pm, Music on Montrose will be held on March 4, 2016 from 5 30pm to 9pm, and the Annual Spnng Community Yard Sale will be held on March 6, 2016 beginning at 9am Council Member Travis mentioned the large number of visitors to the Waterfront and Lake Hiawatha trail area over the weekend Ms Travis reported Lake County will be creating a user-fnendly sports event calendar to avoid scheduling overlapping events Council Member Goodgame commented the South Lake Chamber of Commerce website hosts an event calendar Council Member Mullins reported Lake County Tounsm maintains an event calendar on their website Mr Mullins announced the South Lake Chamber will hold a body fat mass competition dunng the month of March The deadline to sign up is February 24, 2016 Mayor Ash attended the Daughters of the Amencan Revolution student awards ceremony, the South Lake Chamber of Commerce Gala, the South Lake Black Achievers Award Gala, Coffee with the Mayor at Lilly's on the Lake,and the 5th Annual New Beginnings Celebnty Softball Game 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 February 9, 2016 Regular Council meeting Item No.2—Contract Award Consider request to piggyback the Clay County contract with Musco Sports Lighting, LLC to provide light structures and electncal equipment in the estimated annual amount of$300,000 Item No.3—Contract Award Consider request to piggyback Lake County B C C contract with Bee-Saf-Tee Fire Equipment, Inc to provide inspection, testing,maintenance and repair services to all fire protection systems owned and operated by the City in the amount or estimated amount of$50,000 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Item No.4—Bid Award Consider approval of bid award to JPR Universal Construction, LLC to provide drainage improvements to East Montrose Street,East Minneola Avenue, and Roane Road in the total base bid amount of$700,220 27 Item No. 5—Bid Award Consider approval of bid award to Mobile Concepts by Scotty to acquire a fire safety emergency training trailer m the total amount of $98,989 to be funded pnmanly from a United States Department of Homeland Secunty grant in the amount of$94,286 Item No. 6—Resolution No.2016-04 Consider approval of City of Clermont,Flonda Infrastructure Sales Surtax Revenue Note, Senes 2016 in the amount of$5,300,000 Item No. 7—Resolution No. 2016-05 Consider approval of City of Clermont,Flonda Public Improvement Refunding Revenue Note, Senes 2016 in the amount of$5,600,000 Item No.8—Rental Fee Reduction Request Consider request from PFX Athletics and National Training Center Softball for fee reduction Item No.9—Event and Road Closure Request Consider approval of Super Kids Soap Box Derby Race event request with road closure on Apnl 2,2016 Item No. 10—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 City Manager Gray announced the Super Kids Soap Box Derby Race request and the Pinecrest Lakes Utility Service Agreement request have been removed from the agenda Council Member Goodgame pulled the fire safety emergency training trailer bid award and requested Fire Chief Bishop provide additional information Council Member Travis pulled the Musco Sports Lighting request for clanfication Council Member Bates moved to approve Consent Agenda Items 1, 3, 4, 6, 7, and 8, seconded by Council Member Mullins The motion passed with all members present voting aye 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Council Member Travis asked of the location for the new light structures City Manager Gray stated the light structures would be placed at Hancock Park to illuminate the second soccer field The Clermont Soccer Club provided a donation of$25,000 for the purchase, and the City funded the remaining portion in the current budget Public Works Director Brunson commented the lighting would cover the east side of the soccer fields The lighting will have remote access control and programmable timers through the City's computer system Fire Chief Bishop reported the fire safety emergency training trailer was an interactive fire safety house The Fire Department applied for and was awarded a United States Department of Homeland Secunty grant The grant requires the City to pay five percent of the overall cost Purchasing Director Suarez assisted in negotiating a lower bid pnce for the training trailer Council Member Goodgame moved to approve Consent Items 2 and 5, seconded by Council Member Mullins The motion passed with all members present voting aye UNFINISHED BUSINESS Item No. 11—Variance Request;Ayyoob Table to April 26, 2016 Council Member Mullins moved to table to Apnl 26, 2016, seconded by Council Member Goodgame The motion passed with all members present voting aye NEW BUSINESS The following items were presented together and voted on separately Item No. 12—Resolution No. 2016-02 , The Crossing Church City Clerk Ackroyd Howe read Resolution 2016-02 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow for a church facility in the UE Urban Estate zoning distnct Item No. 13—Variance Request, The Crossing Church Senior Planner Kruse presented the Conditional Use Permit and Vanance Request The property is located at 2715 Old Highway 50 and was annexed into the City in 2013 The church proposes to develop the facility in six phases, a 5,000 square foot initial assembly building, a 12,000 square foot multi-purpose building/recreational facility, a 2,000 square foot wedding pavilion, a 5,000 square foot administration office building, a 20,000 square foot sanctuary assembly building, and a 2,000 square foot cottage retreat The total square footage of all the on-site buildings will not exceed 50,000 square feet Staff recommended approval of the Conditional Use Permit 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Senior Planner Kruse reported the applicant was requesting three vanances to the Land Development Code in order to keep the site in a natural state The first request was to allow for the existing citrus grove to be used as a landscape buffer The church desires to keep the grove functional, offering a wider depth of screening from the road than a traditional landscape buffer The second request was to allow grassed parking to reduce the impervious surface area The third request was to allow for grassed dnve aisles, no curbing, and no landscape islands The dnve aisles will reduce the impervious surface area and the elimination of curbing and intenor landscape islands provides a natural setting in the parking area Staff recommended denial of the variance requests Mike Latham, GatorSktch Architect, and Pastor Kendall Anderson, The Crossing Church,were present to request approval Mayor Ash opened the public hearing Jim Purvis supported the request with the stipulation should the citrus grove sell or perish, the City's landscape buffer requirements should be met Glenn Butt stated his property abuts the proposed site on the western end and spoke in support of a contingency plan in the event the citrus grove penshes He was in favor of Phase 1 and expressed concerns regarding Phase 2 thrrough Phase 6 Mayor Ash closed the public,heanng Council Member Bates was not opposed to the project Council Member Mullins commented the vanances were for the northern boundary and the applicant would have to install landscaping along the western boundary A vegetation plan should be required in the event the citrus grove sells or penshes City Manager Gray stated the applicant would have to comply with the City's Code in the event the grove was no longer in place Council Member Travis expressed concern regarding additional traffic on Old Highway 50 Mr Latham stated a turmng-lane into the property was planned for during the development of Phase 1 Council Member Travis asked of approving the phases separately City Manager Gray stated Council could approve the phases separately Council Member Travis preferred to review the developed Phase 1 pnor to approving the remaining phases Council Member Mullins inquired of including paved aisles Mr Latham stated the parking and drive aisles would be grass and drive aisles could be paved dunng a future phase Mayor Ash expressed concern regarding delineation of parking spaces Mr Latham commented the parking spaces would have wheel stops and the handicapped parking spaces will be paved and have sidewalk access to the church The paved roads will have curbing 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Council Member Goodgame concurred with Council Member Travis regarding the applicant returning before Council upon completion of Phase 1 Council Member Goodgame moved to approve Resolution 2016-02 for Phase 1, seconded by Council Member Travis Under Council discussion Council Member Bates inquired of any requirement to pay an additional application fee should the applicant have to return before Council for the remaining phases City Manager Gray stated the applicant would have to pay an additional application fee Council Member Mullins commented Phase 1 included 70 parking spaces, Phase 2 increases the parking spaces to 175 spaces, Phase 3 does not mention increasing the number of parking spaces, Phase 4 increases the parking spaces to 200 spaces, and Phase 5 increases the parking spaces to 250 spaces Mr Mullins suggested Council consider approving through Phase 4 Council Member Goodgame was in agreement to amend the motion to include up to Phase 4 Mayor Ash requested City Clerk Ackroyd Howe read the intent of Council Member Goodgame's motion Council Member Goodgame amended the motion to approve Resolution 2016-02 up to Phase 4, Council Member Travis seconded the amended motion The motion passed with all members present voting aye Senior Planner Kruse reviewed Vanance 1 The applicant is requesting approval to use the citrus grove as a natural landscape buffer Council Member Travis stated should the citrus trees sell or pensh, the applicant would be required to comply with City Code Pastor Anderson commented the intention was to keep the area as natural as possible and retain the citrus grove Council Member Goodgame moved to approve Vanance 1, seconded by Council Member Mullins The motion passed with all members present voting aye Senior Planner Kruse reviewed Vanances 2 and 3 The applicant is requesting approval to allow grass parking as an alternative to paved surfacing, and allow for grassed dnve aisles with no curbing and no landscape islands Council Member Mullins suggested approving Vanances 2 and 3 through Phase 4, and returning before Council pnor to beginning Phase 5 Council Member Goodgame inquired of irrigating the grass parking lot Mr Latham stated the grass parking lot would be irrigated 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Mayor Ash expressed concern regarding the lack of dnve aisles Council Member Goodgame moved to approve Vanances 2 and 3, and will prevail through Phase 4, seconded by Council Member Mullins The motion passed 4 to 1 with Mayor Ash opposed Item No. 14—Resolution No. 2016-03,South Lake Montessori School City Clerk Ackroyd Howe read Resolution 2016-03 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County,Flonda, granting a Conditional Use Permit to allow for a school facility expansion in the R-3 Residential/Professional zoning distnct Planning Manager Henschel presented the request to amend Resolution 2010-17 to allow for the expansion of a school facility in the R-3 Residential/Professional Zoning Distnct The expansion request was for the South Lake Montesson School located at 983 West Desoto Street The City Council approved a 1,200 square foot addition and allow for a total of 50 students in 2010 The applicant did not construct the addition within the two-year time limit The applicant was requesting re- approval of the 1,200 square foot addition and allow for a total of 65 students The request would allow for additional siblings to attend the school, office space, storage space, and added classroom space The hours of operation would remain from 8 15am to 2 45pm, Monday through Fnday, and staffing would remain at four staff members The site plan included the 1,200-foot addition,a concrete patio,and additional parking spaces The Planning and Zoning Commission voted 4 to 2 to recommend denial of the request Staff recommended approval of the request Mayor Ash stated letters of support for the applicant were received Mayor Ash disclosed she visited the school at 2 20pm to observe the traffic flow at the school City Attorney Oyewale asked the remaining Council Members if there were additional disclosures There were no additional disclosures Jimmy Crawford, Esquire, Langley, Nagel and Crawford, represented South Lake Montesson School Attorney Crawford spoke in agreement with the staff report and requested time to address any concerns of the public The owner was present and available to answer any questions Mayor Ash opened the public heanng Kelly Tomeo, Attorney, commented she represented Donald Madden, Chuck Forth, Charlene Forth, and Chase Forth Attorney Tomeo stated Mr Madden was approached by the owner of the school pnor to the Planning and Zoning Commission and the City Council heanngs and felt intimidated and threatened The onginal request for a Montesson School occurred in 2001 and was allowed to be placed in an R3 Residential zone The conditions included no further expansions, alterations, or improvements would be granted, classes would be for 30 to 35 children, and provide a minimum five-foot landscape buffer The 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 five-foot minimum buffer violated Code and no vanance had been granted or formal plans approved The Planning and Zoning Commission minutes from May 2001 reflected comments from Mr Madden regarding noise from children playing The owner commented a playground was not included The neighbors had submitted letters expressing concerns regarding noise and activities surrounding the location The Montessori School requested an expansion in 2010 Attorney Tomeo noted the application indicated the number of students and instructors would not increase, however the minutes from June 2010 reflect the number of students would increase to 50 children The neighbors had submitted letters of concern, including a letter from Mr Madden objecting to the expansion The residents initially were informed there would not be a playground,however a playground was in existence Attorney Tomeo stated the South Lake Montesson School was not licensed under the Flonda Department of Children and Families and does not report to the Flonda Department of Education The Flonda Department of Children and Families inspected the facility and noted violations, including lack of background checks and Federal Bureau of Investigations fingerpnnt checks Attorney Tomeo commented the South Lake Montesson School completed surveys to the Flonda Department of Education and reported the school had 58 children in 2009 The neighbors are complaining about the continued noise, traffic, decreased property values, lack of curbing, and the decline of enjoyment of life Attorney Tomeo requested Council deny the request to expand Jan Sheldon, Applicant, clarified the onginal requested number of students was 35 due to staff limitations The Flonda Department of Children and Families had licensed the school for 52 students The school is regulated by the Flonda Department of Health, the Fire Department, and the Association of Montesson International Charles Forth, Charlene Forth, and Jim Purvis spoke m opposition of the request, citing lack of blending with the residential area, increased intensity in the distnct, reduced property values, parking issues, over- burdening the zoning distnct, traffic issues, noise issues, and the Planning and Zoning Commission recommending denial Sid Matthews, Anne Mane Davala, Tanya Denmark, Joyce Hart, and Takako Komatsu spoke in support of the request, citing the school's positive influence on the community, stable environment for the students, positive impact for downtown businesses, quality of education, positive impact on student's lives, and Ms Sheldon's leadership Attorney Tomeo read a statement dated July 22,2010 from Mr Madden opposing the request Mayor Ash closed the public heanng Council Member Travis expressed concern regarding the playground and the number of students not included in the 2010 Conditional Use Permit Jan Sheldon, Applicant, commented the school has a multi-cultural environment, offers the students a strong sense of community, and conducts many field trips in the downtown area 8 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Attorney Crawford inquired of Ms Sheldon about educational opportunities should the business location exist on Highway 50' Ms Sheldon stated the school would not have similar educational opportunities from a Highway 50 location Attorney Crawford asked Ms Sheldon to elaborate on the student statistics of the school Ms Sheldon commented the school currently has 27 elementary school students and 23 pnmary school students The school is attended by 36 to 3,9 families, with 27 families living in Clermont and currently has 11 siblings waiting to attend Attorney Crawford inquired of the handling of traffic flow at the school Ms Sheldon stated elementary school begins at 8 15am and the pnmary school begins at 8 30am The students are allowed to be dropped off as early as 8 00am Many of the younger students leave at 11 30am and the pnmary student classes end at 2 30pm, with some students remaining for an extended day and leaving at 4pm Attorney Crawford asked of playground times and the number of students on the playground at one time Ms Sheldon commented originally the school was limiting the facility to pnmary school students The elementary school students were added and the school decided to have play time The elementary students have play time before lunch, and the pnmary school students play time occurs at the end of the day Attorney Crawford displayed photographs of the site and Ms Sheldon provided a descnption of the photographs Attorney Crawford inquired iof the number of days a year the school operates Ms Sheldon stated the school operates 170 days per year Attorney Crawford summanzed the Conditional Use Permit amendment request He commented there were factors of the City C de pertinent to the request, one was the use cannot be detnmental to the surrounding neighborhood The issues have been traffic and noise from the students playing outside The applicant will agree to a Conditional Use Permit requirement to post signs indicating NO RIGHT TURN, LEFT TURN ONLY at the exit from the drop-off area The playground noise will be addressed by staggenng play time for no more than 20 students at a time and providing an opaque solid landscape buffer The other factor was determining if the expansion is desirable at the location The expansion will be to the west and away from the residential uses Attorney Crawford descnbed the surrounding uses of the area and noted the area-west of the school was zoned Industnal He stated he requested records regarding complaints filed in the area,and more than 20 Code Enforcement complaints were filed since 2015 and 22 police incident reports were made since October 2011, all which were from the Forth's Attorney Crawford submitted letters of support and requested approval of the Conditional Use Permit amendment, with the conditions offered Council Member Mullins commented the expansion had not taken place within the required two years and the school was returning to request approval for the expansion and fifteen additional students Council Member Bates inquired of the method of determining the 50 student limitation set in 2010 Planning Manager Henschel stated the applicant was involved in the process and the number was determined based on parking and the square footage of the classrooms 9 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Attorney Crawford commented the school would have the capacity to have more than 65 students if the school hired more teachers He stated the City has the ability to cap the student count under a Conditional Use Permit Attorney Crawford stated under state regulations the student count could increase, however the school would be more crowded than Montesson International prefers Council Member Bates expressed concern regarding the increase in students and the burden on the neighbors Council Member Mullins supported the request,the suggested traffic pattern, and the additional landscape buffer City Attorney Oyewale commented when deliberating and ultimately presenting a motion, Section 86 144 should be factored in as considered Council Member Goodgame expressed concern regarding expanding the property and the increase in students Mayor Ash asked of any Code limitations regarding the request Planning Manager Henschel stated the request meets all City Code clntena Mayor Ash commented the request did not include any Code vanances Council Member Bates inquired of the location of the proposed play area Attorney Crawford commented the proposed play area would be further away from the fence Council Member Goodgamel asked of the status of the new Montesson school near Lowe's Planning Manager Henschel stated the,new Montessori school should be approved dunng the current week Council Member Mullins moved to approve the Conditional Use Permit with the modifications of increased landscaping on the southeastern border, no nght turn from the drop-off dnveway eit, and considered Section 86 144 and find the conditions have been met, seconded by Mayor Ash Under Council discussion ' Council Member Bates asked about a student number cap Council Member Mullins stated the motion did not include a student number cap Council Member Travis commented on the precedence set when the expansion of Magic Moments was approved She expressed concern regarding-the effect the South Lake Montesson School expansion may have on three residences Council Member Goodgame spoke in opposition and commented on the availability of another Montessori school to meet the increased need in Clermont Council Member Mullins called for the question 10 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2016 Council Member Goodgame inquired of the 2010 audio recordings City Clerk Ackroyd Howe commented the audio recordings from 2010 forward were available on the City's website through Weblink Mayor Ash stated the motion included the 1,200 square foot expansion of the existing structure, fifteen additional students for a total of sixty-five, a landscape buffer on the south side, installing NO RIGHT TURN signage at the exit of the drop-off lane, and the conditions of Section 86 144 have been met The motion passed 3 to 2 with Council Members Goodgame and Bates opposed ADJOURN: With no further comments,this meeting was adjourned at 9 40pm APPROVED: Gail L Ash,Mayor ATTEST: �j,, ,• Tracy/ckroy. Howe,City Clerk P7±+`' • F t f' s , "4, f < <"trere+la Orae len^^"e^°fir 11