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04-26-2016 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 26, 2016 The Clermont City Council met in a regular meeting on Tuesday, Apnl 26, 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 Mantzans, and City Clerk Ackroyd Howe INVOCATION Pastor Van Green gave the invocation followed by the Pledge of Allegiance PRESENTATIONS Heather Wooding, Environmental Services Administrative Assistant, presented the winners of the Drop Saver Poster Contest PROCLAMTION City Clerk Ackroyd Howe read the Water Reuse Week proclamation aloud Mayor Ash presented the proclamation to Environmental Services Director Roy City Clerk Ackroyd Howe read the Dnnking Water Week proclamation aloud Mayor Ash presented the proclamation to Environmental Services Director Roy City Clerk Ackroyd Howe read the Water Conservation Month proclamation aloud Mayor Ash presented the proclamation to Environmental Services Director Roy Mayor Ash commented the City has a phenomenal Environmental Services Department and thanked Environmental Services Director Roy and staff PUBLIC COMMENTS Matthew Modica expressed concern regarding the trees removed at The Moonngs development and requested the City approach the developer on landscaping the property REPORTS City Manager Gray announced the Dragon Boat Race begins at 9am on Saturday, Apnl 30, 2016 A Council workshop will be held at 9am on Monday,June 6, 2016 City Attorney Mantzans provided an update of the Cemex appeal of the Lake County Board of County Commissioners decision to deny the Cemex Conditional Use Permit The Lake County Circuit Court is requinng the parties involved to respond The City will maintain the position of the sand mine operation being inconsistent with the adopted Sector Plan Council Member Bates reported Water Safety Day will be held at Waterfront Park on May 14, 2016 at loam State Representative Larry Metz will hold a Town Hall meeting at the Clermont City Center on May 12, 2016 at 6pm Council Member Goodgame acknowledged Ann Dupee for her accomplishments over the years 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2016 Council Member Mullins reported the Sales Tax Oversight Committee met on April 18, 2016 The Relay for Life will be held at East Ridge High School on April 29, 2016 Music on Montrose will be held at City Hall Park on Friday,May 6, 2016 beginning at 5 30pm Council Member Travis reminded everyone of the Annual Ride of Silence at Waterfront Park on May 18, 2016 at 6pm Mayor Ash reported she attended the Citizens Academy at the Police Department, the Grand Opening of Kiddie Academy,the Mike Conley Hospice House Gala, the Sail Boat Regatta, welcomed the delegates at the 90th Annual Convention of the Florida Confederation of Garden Clubs, the honoring of Ann Dupee as a Living Legend of Lake County, the Citizens Academy at Fire Station #1, the Law Enforcement Torch Run, a meeting at the Arts and Recreation Center by the VFW Post, reached out to veterans, and attended National Help Horse Day 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 —Plat Approval Consider approval of Harvest Landing Phase 2 plat Item No. 2-Appointment Appoint Ryan Moore as the fifth member to the Fire Fighters Pension Board Item No.3-Resolution No. 2016-11 Consider Resolution supporting the Wayfindmg Guide Sign System Item No.4—Bid Award Consider request to piggyback the U S Communities contract with Kompan, Inc to provide installation of playground equipment and related site work in the total budgeted amount of $229,999 28 from the Infrastructure Fund Item No. 5—Purchase Approval and Budget Consider the purchase of two gearboxes Amendment from Ovivo USA, LLC for the East Wastewater Treatment Plant and a budget amendment of $114,000 in the Sewer Fund Item No. 6—Event,Road Closure and Open Consider allowing the Clermont Container Request Downtown Partnership's car show to be held in Downtown Clermont along with a road closure and an open container area for the Second Saturday of every month for the next 12 months 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2016 Item No. 7—Event and Open Container Request Consider allowing the Xclusive Caribbean Inc to have an open container area for their "Taste of the World" event on December 17, 2016 at Waterfront Park Item No.8—Event Fee Variance Request Consider request for a 100 percent fee variance of staff and grounds fees to Celebration of Heroes Inc for their Memorial Day Event Staff recommends grounds fee waiver, however, staff recommends the applicant pay all staff fees Council Member Goodgame pulled Items 1, 2 and 8 Council Member Goodgame moved to approve Consent Items 3 through 7, seconded by Council Member Mullins The motion passed with all members present voting aye Council Member Goodgame requested maps and plats be printed on larger size paper and with bolder pnnt Council Member Goodgame inquired of a biography for the Firefighter Pension Board 5`h Member Finance Director VanZile stated Mr Moore was a current firefighter with the Clermont Fire Department City Attorney Mantzans noted the appointment was for Council ratification The appointment is made by the four Firefighter Pension Board members and, under Florida Statute, the Council has no choice but to ratify the appointment Council Member Goodgame commented the Daughters of the American Revolution has held a Memorial Day event for years and expressed concern of possible conflict City Manager Gray stated the event was new and would not interfere with the Daughters of the Amencan Revolution event Susan Saunders, the applicant, commented the event honors Police Officers, Firefighters, Emergency Medical Services, and Military veterans The purpose is to provide veterans with available resources The event is open to everyone, and other organizations are welcome to participate The Daughters of the American Revolution are invited to attend Council Member Travis confirmed the trail would not be closed Council Member Mullins moved to only charge Celebration of Heroes for Public Works and Police Officers as determined by the City Manager, seconded by Council Member Bates The motion passed with all members present voting aye 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26,2016 Council Member Goodgame moved to approve Items 1 and 2 of the Consent Agenda, seconded by Council Member Mullins The motion passed with all members present voting aye UNFINISHED BUSINESS Item No.9—Variance Request, Ayyoob Senior Planner Kruse presented the variance requests for a side yard setback of 5 feet,a front yard setback of 10 feet, a minimum lot width of 60 feet, and allow for a driveway to be placed up to the side lot line The property is located at 990 West Montrose Street The request was tabled at staff's request at the January 26, 2016 City Council meeting to allow for additional documentation The applicant is in the process of converting an existing single-family home to a two-dwelling unit Staff recommended denial of the variance requests Robert Brown, General Contractor, stated the property does not have adequate space in the front yard for parking The owner was led to believe the property was approved for a duplex when he purchased the property Bruce Hancock, Real Estate Broker, represented the current property owner The seller had used the rental property as a duplex and had made alterations to the property for access to the second floor The current owner is unable to meet the appropriate parking requirements unless the parking is located m the rear Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public hearing Council Member Mullins moved to grant the variances as request, seconded by Council Member Goodgame The motion passed with all members present voting aye Item No. 10—Ordinance No. 2016-07,Final,Police Pension City Clerk Ackroyd Howe read Ordinance 2016-07 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the City of Clermont Police Officers' Pension Trust Fund, as adopted by Ordinance No 304-C, providing plan benefit revisions, providing for severability of provisions, repealing all Ordinances in conflict herewith, and providing an effective date Finance Director VanZile presented the ordinance request The first change removes the requirement to purchase prior service within three months of the date of hire with the City of Clermont The amendment adds another payment option to purchase the prior service The second change creates a Share Plan, pursuant to the recently approved Collective Bargaining Agreement with the Police Officers Union The amendments have been approved by the Police Officers Pension Board of Trustees and there is no cost to the City Mayor Ash opened the public hearing There were no public comments Mayor Ash closed the public hearing 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2016 Council Member Mullins clanfied a retiree's monthly retirement benefit would increase with no additional cost to the City Council Member Bates inquired of the reason for the pnor service purchase change Finance Director VanZile commented concerns were raised regarding new hires not receiving information of the purchase option before the three-month time frame expired Council Member Goodgame asked of the method in determining the distribution of the Share Plan money Finance Director VanZile stated the money is distnbuted based on years of service with the City Council Member Mullins asked of the location of the Share Plan money Finance Director VanZile commented the money is part of the Pension Trust Fund and will move to a separate fund for each officer Council Member Goodgame moved for adoption of Ordinance 2016-07, seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote Item No. 11 -Ordinance No. 2016-08,Final, Fire Pension City Clerk Ackroyd Howe read Ordinance 2016-08 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending the City of Clermont Firefighters' Pension Trust Fund, as adopted by Ordinance No 304-C, providing plan benefit revisions, providing for severability of provisions, repealing all ordinances in conflict herewith, and providing an effective date Finance Director VanZile presented the ordinance request The change removes the requirement to purchase pnor service within three months of the date of hire with the City of Clermont The amendment adds another payment option to purchase the pnor service The Share Plan is under discussion with the Firefighters Union and is anticipated to return before Council The Firefighter Pension Board of Trustees has approved the amendments Mayor Ash opened the public hearing There were no public comments Mayor Ash closed the public heanng Council Member Mullins moved to adopt Ordinance 2016-08, seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote The next three items were heard concurrently and voted on separately Item No. 12-Ordinance No.2016-14,Final, Napleton Annexation City Clerk Ackroyd Howe read Ordinance 2016-14 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 5 City of Clermont MINUTES REGULAR COUNCIL MEETING Apn126, 2016 Item No. 13—Ordinance No. 2016-15, Transmittal, Napleton Comprehensive Plan Amendment City Clerk Ackroyd Howe read Ordinance 2016-15 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes, setting forth the authonty for adoption of the Large Scale Comprehensive Plan Amendment, setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment, providing for the adoption of the Large Scale Comprehensive Plan Amendment, establishing the legal status of the Large Scale Comprehensive Plan Amendment, providing a severability clause and providing an effective date Item No. 14—Ordinance No. 2016-16,Final, Napleton Rezoning City Clerk Ackroyd Howe read Ordinance 2016-16 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 Senior Planner Kruse presented the request to annex the automotive dealership located at 15859 State Road 50 The owner recently acquired ten acres north of the dealership with the intent to expand The property is receiving water and sewer services from the City Staff recommended approval of the annexation request Senior Planner Kruse presented the request for a Large Scale Comprehensive Plan Amendment to change the future land use from Lake County's Regional Commercial and Regional Office to the City's Commercial future land use designation for property located at 15859 State Road 50 The Commercial designation would allow the continuance of the automotive dealership and allow for expansion Staff recommends approval of the transmittal of the Large Scale Comprehensive Plan Amendment Senior Planner Kruse presented the request to rezone the existing automotive dealership and vacant property located at 15859 State Road 50 The property consists of five acres used for an existing dealership and ten acres for expansion The proposed rezoning is from Urban Estate to the City's C-2 General Commercial zoning classification Staff recommended approval of the rezoning request Scott Glass, Esquire, representing The Napleton Group, was available to answer any questions Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng Council Member Goodgame asked of the old railroad nght-of-way location and status Senior Planner Kruse will research the status of the railroad nght-of-way Council Member Mullins moved to approve Ordinance 2016 —14, seconded by Council Member Godgame The motion passed 5 to 0 on a roll call vote 6 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 26, 2016 Council Member Mullins moved to approve Ordinance 2016-15, seconded by Council Member Goodgame The motion passed with all members present voting aye Council Member Mullins moved to approve Ordinance 2016-16, seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote NEW BUSINESS Item No. 15—Resolution No. 2016-08, Rustic Rose Barn &Event Venue City Clerk Ackroyd Howe read Resolution 2016-08 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 an event venue with off-site parking in the Central Business Distnct Planning Manager Henschel reported on the request to allow a banquet facility in the Central Business Distnct The applicant proposed to renovate the existing 3,000 square foot commercial building located at 750 West Desoto Street for a themed wedding and banquet facility The applicant has a parking agreement with First United Methodist Church Staff recommended approval of the request Mike Latham, GatorSktch Architects,was present on behalf of the applicant Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng Council Member Bates requested clanfication regarding parking Planning Manager Henschel stated the owner has an agreement with First United Methodist Church to allow use of the church's parking lot dunng events Mr Latham commented the events would occur on Thursday, Fnday, and Saturday night The agreement requires three-months advanced scheduling with the church and must be valet parking Council Member Travis inquired of the maximum occupancy Mr Latham stated the maximum occupancy is 160 people Council Member Goodgame moved for approval of Item 15, seconded by Council Member Mullins The motion passed with all members present voting aye 7 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 26, 2016 Item No. 16—Resolution No. 2016-09,Heritage Hills City Clerk Ackroyd Howe read Resolution 2016-09 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to a Conditional Use Permit (Resolution 2014-35) for a Planned Unit Development to allow the removal of a condition for a sidewalk along Hartwood Marsh Road, the reduction of nght-of-way width from 60 feet to 50 feet in Phase 7, pnvate and gated streets in Phase 7,and street construction of bnck pavers instead of asphalt in Phase 7 Planning Manager Henschel reported on the four amendments to Resolution 2014-35 The first amendment requested was to allow the elimination of the public sidewalk on the north side of the Hartwood Marsh Road nght-of-way The Lake County engmeenng office informed City staff the County was working with the Center Lake Sand Mine to relocate Hartwood Marsh Road to the eastern side of the Center Lake property Lake County staff indicated a sidewalk on Hartwood Marsh Road would not be useful, due to the internal connectivity of the development The second amendment requested was to allow for bnck paver streets within Phase 7 The third amendment requested was to allow for 50-foot nghts-of-way for Phase 7 The fourth amendment requested was to allow a sidewalk on only one side of the street Staff recommended approval of bnck paver streets Staff recommended denial of the request to eliminate the Hartwood Marsh Road sidewalk, the 50 foot nghts-of-way, and internal sidewalks on only one side of street Duane Booth, Project Engineer, commented Phase 7 was a small phase and will not share the amenities in Hentage Hills Mr Booth withdrew the request for allowing sidewalks on only one side of the street, and withdrew the request for bnck paver streets Mark McDonald, Lennar Homes, stated Phase 7 fronts Johns Lake and will be named Hidden Lake The homes will have front porches, balconies, and accentuate the natural setting of the property The current plan has approximately 20 home sites fronting Johns Lake, with the 100-year flood plain coming through the site The community design requires an additional 10 feet of nght-of-way in the flood plain area The request to reduce the nghts-of-way to 50 feet would decrease the amount of green space between the curb and sidewalk,and decrease the impact on the flood plam area Rob Monet, Lennar Homes, commented on meeting with members of the Hentage Hills neighborhood, and Lennar has agreed to install a permanent six-foot chain link fence on the southern boundary of Hentage Hills in lieu of a sidewalk Mayor Ash opened the public heanng Ed Barnhill and Stuart Kinniburgh spoke in favor of removing the requirement for a sidewalk on Hentage Hills Boulevard 8 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2016 Deborah Running requested clarification of the location of the proposed sidewalks Ms Running spoke in opposition of the request to remove the requirement for a sidewalk Planning Manager Henschel showed the existing sidewalk and where the future sidewalk would be located Mayor Ash closed the public hearing Council Member Mullins inquired of placing money into an account for installing a sidewalk when Lake County completes Hartwood Marsh Road, and returning the funds should Lake County no longer need the sidewalk City Attorney Mantzans stated the applicant could set money aside in either a cash or bond format City Manager Gray noted Hartwood Marsh Road will remain a Lake County road Staff is requesting the sidewalk construction on Hartwood Marsh Road remain as a condition, due to future development of properties east of Phase 7 Mayor Ash asked of the expected completion time for Phase 7 Mr McDonald stated Phase 7 should be completed in one year Council Member Travis spoke in favor of installing the sidewalk during the development of Phase 7 Council Member Mullins opined the installation of the sidewalk was a waste of time and money until Lake County completes Hartwood Marsh Road Council Member Goodgame was in agreement with Council Member Mullins City Manager Gray asked staff to provide the variances requested Senior Planner Henschel stated the variances requested were to remove the Hartwood Marsh public sidewalk connection, and reduce the rights-of-way to 50 feet Council Member Mullins expressed concern of the flood plain area and possible cut-and-fill Council Member Travis was in agreement with Council Member Mullins concerns Planning Manager Henschel commented the State required municipalities to adopt new codes addressing flood plain areas The developer would be required to comply with the codes Mayor Ash inquired of advising potential homeowners of the flood plain Duane Booth stated a FEMA map amendment would be submitted to the St Johns River Water Management Distnct and the Federal Emergency Management Agency for approval The approval would remove the area from the 100-year flood plain Council Member Goodgame asked of the floor elevations Mr Booth commented the finished floor elevation would be 18 inches above the 100-year flood plain Council Member Mullins clarified the vanance request was for a reduction of nghts-of-way 9 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 26, 2016 Mr Booth stated the nghts-of-way were not an issue until Lake County required additional nght-of-way from the westerly side of the proposed development Council Member Mullins commented less environmental damage would occur if the nghts-of-way reduction request was approved Council Member Mullins moved to not require the sidewalk at this time, but a sufficient amount of money be placed in an escrow account for the sidewalk to be built once Lake County redesigns and rebuilds Hartwood Marsh The motion died for lack of a second Council Member Travis moved to deny the request and require them to put in a sidewalk, seconded by Council Member Goodgame The motion passed 3 to 2 with Council Members Mullins and Bates voting in opposition Council Member Mullins moved to grant the 50-foot nghts-of-way, seconded by Council Member Bates The motion passed with all members present voting aye Mayor Ash recessed the meeting at 8 49pm Mayor Ash reconvened the meeting at 9 OOpm Item No. 17—Resolution No.2016-10,Highland Ranch City Clerk Ackroyd Howe read Resolution 2016-10 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda,granting an amendment to a Conditional Use Permit to amend Resolution 2013-17 for a Planned Umt Development to allow an updated Site Plan, remove conditions that have been completed, decrease minimum lot size and allow a two-family dwelling product, shared sidewalk entry on the property lines between two-family dwellings, new minimum side yard setbacks for two-family dwellings, reduced rear yard setbacks for select lots, and extend waiver to allow existing billboards to remain until January 31, 2025 Senior Planner Kruse presented the request to amend the existing Planned Umt Development for Highland Ranch The project is currently permitted under Resolution 2013-17 The proposed amendments are as follows (1) Update the Planned Unit Development Site Plan to show the typical lot layout for a Twin Villa, (2) Remove the conditions which have been completed under Section 3, Site Development, (3) Remove the conditions which have been completed under Section 4, Transportation Improvements, (4) Under Section 9, allow smaller than one-acre lot sizes The modification would allow for a lot type "A-1", a two-family dwelling unit with a 35-foot minimum lot width, and a lot type "A-2" with a single family detached dwelling with a 45-foot minimum lot width The lot type is only applicable to Phases AR-1 through AR-4,as shown on the Planned Unit Development Site Plan, (5) Under Section 9, allow shared sidewalks located on property lines between the two-family dwellings, (6) Under Section 9, add a new minimum side yard setback of 0 feet/7 5 feet for the two-family dwellings, 10 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2016 (7) Under Section 9, allow a rear yard setback of 8 feet for the pnncipal structure, and 5 feet for accessory structures for lots 43-48 and 60-63 within Highland Ranch Esplanade Phase 1 only This is requested to develop a model center (8) Under Section 9, extend waiver to allow the existing billboards to remain until January 31, 2025 Staff recommended approval of the amendment requests, however, recommended denial of the billboard waiver extension Alexis Crespo, Waldrop Engineering, presented the requests which would be limited to the undeveloped age restricted section The developer would like to add a Garden Home and Twin Villa to the AR2 and AR4 locations, and to a strip located along the turnpike The request will not increase the number of lots in the subdivision, and will create more open space areas Community meetings were held to seek input and address concerns Ms Crespo addressed the request to extend the billboard waiver until 2025 The billboard lease was inherited by the developer when the property was purchased Mayor Ash opened the public hearing Mario Impellizeri, John Nelson, Sue Thompson, Denise Punnton, Michael Ziccardi, Thomas Cook, Larry Sample, Pat DeRuisseau, Jim Perkins, Ed Ogden, Jim Thompson, Hector Segui, Renee Beauregard, and Carol Impellizen spoke in opposition of the Twin Villas, citing the subdivision was presented to the owners as a single-family subdivision, concerns of lack of promised amenities, concerns the demographics would change, lack of honoring commitments, density concerns, decreased property values, and breaking the continuity of the community Mayor Ash closed the public hearing Chris Tyree, Taylor Mornson Homes, was available to answer questions Council Member Mullins and Council Member Bates disclosed meeting individually with Mr Tyree and Mr Steverson regarding the floor plans Council Member Travis asked of the pnces Mr Tyree stated the pnces would range from the low- to mid- $200,000 range Council Member Mullins expressed concern of the residents losing confidence in Taylor Mornson Homes Council Member Travis commented the proposed homes would not lower property values and would sell Ms Travis stated she understood the residents' concerns Council Member Bates was in agreement with Council Member Travis and asked of other available options Mr Tyree commented the residents were opposed to the Twin Villas, however, the Garden Homes have a greater setback and are single-family homes 11 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2016 Council Member Bates suggested tabling to provide Taylor Momson Homes time to address the residents' concerns Council Member Goodgame expressed concern of placing the proposed homes within the current community Mayor Ash expressed concern of smaller homes abutting the existing larger homes and suggested tabling the request The applicant agreed to table Council Member Bates moved to table to the May 10, 2016 meeting, seconded by Council Member Mullins The motion passed with all members present voting aye Item No. 18—Ordinance No.2016-17, The Vue City Clerk Ackroyd Howe read Ordinance 2016-17 aloud by title only An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the Official Zoning Map of the City of Clermont referred to in Chapter 122 of Ordinance No 289-C, Code of Ordinances, rezoning the real properties described herein as shown below, providing for severability, effective date, and publication Council Member Mullins moved to table to the May 24, 2016 Council meeting, seconded by Council Member Bates The motion passed with all members present voting aye ADJOURN: With no further comments,this meeting was adjourned at 9 56pm APPROVED: Gail L Ash, Ma or ATTEST: Tracy ckroyd Howe, City Clerk t 12