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02-14-2017 regular council City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 The Clermont City Council met in a regular meeting on Tuesday, February 14, 2017 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 Mantzaris,and Deputy City Clerk Noak. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Kendall Anderson gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Officer Kris Kruse Chief Broadway presented a Certificate of Achievement to Officer Kris Kruse. Officer Kruse recovered from an accident which occurred a year ago and passed all required certification tests to return to active duty as a Clermont Police Officer. Officer Kruse thanked friends, family, City Council, city employees, and citizens for their support during his recovery. Quarterly Budget Update Finance Director VanZile provided an overview of the top 10 revenues, major fund revenues, and department expenditures for the first quarter of Fiscal Year 2017. The sales tax revenue estimates were provided by the State and the expected revenues from the State have declined. City Manager Gray commented Governor Scott expects revenues to continue to decline over the next several years. REPORTS City Manager Gray reported the February 21, 2017 Council Workshop has been cancelled. Congressman Ross will hold a Town Hall meeting at the Clermont City Center on February 21, 2017 from 5:30pm until 6:30pm. Congressman Ross will have an office at City Hall and will be open every Wednesday. They will have an office on the second floor and will be open on Wednesdays. City Manager Gray announced Items 22 through 34 under New Business will be introduced only and not discussed tonight. The final hearing dates for Items 22 through 26 and Items 33 and 34 will be held February 28, 2017. The final hearing dates for Items 27 through 32 will be held March 14, 2017. City Attorney Mantzaris—No report. Council Member Bates announced he would be attending"Lake County Days" in Tallahassee next week. The spring softball games will begin next week and will run through the end of March. Council Member Goodgame commented on the Montverde Academy basketball games. The American Association of Retired People is seeking a location to provide senior tax return services and City Manager Gray will provide an update on the status. Mr. Goodgame requested Development Services Director Hollerand and the Code Enforcement Officers assist with the dying pine trees in the Kings Ridge subdivision. Council Member Mullins provided copies and an overview of the Lake County Tourism Tax memorandum he received. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Council Member Travis reported the South Lake Chamber of Commerce breakfast will be held at the Wesley Center at First United Methodist Church on Friday, February 17, 2017 at 7:15am. Ms. Travis complimented Parks and Recreation on the recent camp out event. She thanked City Manager Gray for having the white road stripes painted on a curve known as deadman's curve in Lake County. Mayor Ash commented she read to a Lost Lake Elementary third grade class for Literacy Week on January 26, 2017, gave a presentation on the role of the Mayor at the Employee Academy on January 27, 2017, attended the catamaran sailing regatta on January 28, 2017, spoke at the Daughters of the American Revolution Awards Ceremony on February 3, 2017, and welcomed people to the Lake County Caribbean American Association's High Tea on February 11,2017. PUBLIC COMMENTS Mayor Ash opened for public comments. There were no public comments. Mayor Ash closed public comments. 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 approval of the January 10, 2017 Regular Council Meeting minutes, the January 17, 2017 Special Council Meeting minutes, and the January 24, 2017 Regular Council Meeting minutes. Item No. 2—Auditor Selection Committee Consider approval of Auditor Selection Committee. Item No.3—Utility Service Agreement Consider request for a Utility Service Agreement for wastewater for Dr. Khadrah Medical Offices located at the northeast corner of Mohawk Road and Citrus Tower Boulevard in Minneola. Item No.4—South Lake Chamber of Commerce Consider approval of agreement terminating the Lease Agreements and Budget Amendment May 10, 2011 lease agreement with the South Lake Chamber of Commerce and approval of a new lease agreement with the South Lake Chamber of Commerce and a budget amendment to the General Fund in the amount of$55,000. Item No.5—Resolution No.2017-06 Consider approval of Fire Department Strategic Fire Strategic Plan Plan for years 2017—2022. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Item No.6—Resolution No.2017-07 Consider a resolution approving an interlocal Agreement and Budget Amendment agreement between the City and Lake County for the joint development of a canoe/kayak course at. Waterfront Park and a budget amendment to the General Fund in the amount of$60,000. Item No. 7—Resolution No.2017-08 Consider a resolution approving an agreement Four Party Agreement between the City,.Lake.County, South Florida Canoe Kayak Club, and the Central Florida Sports Commission for the development of a canoe/kayak course at Waterfront Park. Item No. 8.-Department of Homeland Security Consider approval of Fire Department request to Staffing for Adequate Fire and Emergency Response submit a SAFER grant application for the (SAFER) Grant Application funding of. nine (9) additional firefighter positions. Item No.9-Personnel Request and Budget Consider Fire Department request to add six (6) Amendment additional firefighter.positions effective April 1, 2017 and a budgetamendment to the General Fund in the amount of$307,216. Item No. 10—Road Closure and Event Request Consider. request to allow The Pink Bow Foundation to host their inaugural "Spring & Flower Festival"on May 6,2017. Item No. 11—Event and Open Container Request Consider allowing the Caribbean American Association of Lake County (CAALC) to have an open container area for their"Caribbean Jerk Festival" event on June 10, 2017 at Waterfront Park. City Manager Gray pulled Items 2, 8, and 9 to provide clarification. Council Member Mullins pulled Item 10. Council Member Goodgame pulled Items 5 and 6. Council Member Goodgame moved for approval of Items 1, 3, 4, 7, and 11; seconded by Council Member Bates. The motion passed with all members present voting aye. Finance.Director VariZile stated the current audit agreement has expired and the Finance Department would like to do a Request For Proposal for an auditor. The requirements are to create an auditor selection committee to advise Council on a recommendation. The prior makeup of the committee consisted of the City Manager, Finance Director, Finance Manager, and a Council appointment and a resident appointment. Staff is recommending the same format. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 City Manager Gray stated Council Member Travis and Jim Purvis have expressed an interest and agreed to serviceon the committee. City Manager Gray recommended approval of appointing Ms. Travis and Mr.Purvis to serveon the auditor selection committee. Council Member Mullins moved to.accept the City Manager's recommendation of Ms. Travis and Mr. Purvis; seconded by Council Member Bates. The motion passed with all members present voting aye. Council Member. Goodgame requested Fire Chief Bishop discuss the Fire Department Strategic Plan. Fire Chief Bishop provided an overview of the Fire Department Strategic Plan and the role of the plan in the accreditation process. City Manager Gray stated the canoe/kayak course would be owned by the City; however, the Tourism Development Council will pay for the course.` Council Member Bates asked if the course was removable when not in use. City Manager Gray indicated the course was removable. Council Member Goodgame moved for approval of Items 5 and 6; seconded by Council Member Bates. The motion passed with all members present voting aye. City Manager Gray stated the City did not receive the SAFER grant applied for during the last grant application cycle and will be reapplying in the upcoming cycle. The funding for the nine positions will be for three years. City Manager Gray commented the Fire Department is short on paramedics and the City has expended 17,000 hours in overtime pay. The hiring of six additional members would reduce overtime and provide for floater personnel on every shift. Council Member Mullins moved for approval of Items 8 and 9; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins asked if The Pink Bow Foundation would be charging the downtown merchants for using space in front of the merchant's stores. Pink Bow Foundation Board Member Abigail Santiago stated the merchants would not be charged for using space. Council Member Mullins moved for approval of Item 10; seconded by Council Member Bates:.The motion passed with all members present voting ave. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14,2017 UNFINISHED BUSINESS Item No. 12—Ordinance No.2016-38,Introduction—South Lake Medical Arts Center Deputy City Clerk Noak read Ordinance 2016-38 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, 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, Florida 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. Council Member Goodgame moved for introduction of Ordinance 2016-38; seconded by Council Member Bates. The motion passed 4 to 1 on a roll call vote with Council Member Travis in opposition. Items 13, 14, and 15 were heard consecutively and voted on separately. Item No. 13—Resolution No.2016-42 South Lake Medical Arts Center, Conditional Use Permit Deputy City Clerk Noak read Resolution 2016-42 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County,Florida,granting an amendment to a Conditional Use Permit (Resolution 1485) to allow for multi-family use. Item No. 14—Variance Request South Lake Medical Arts Center Item No. 15—Variance Request No.2 South Lake Medical Arts Center Senior Planner Kruse commented the conditional use permit request was originally considered at the December 13, 2016 Council meeting; however, the request was tabled to February 14, 2017 to allow the applicant and adjacent property owners additional time to discuss changes to the development proposal. The site is 12 acres and located at the southwest corner of Oakley Seaver Drive and Citrus Tower Boulevard. In 2006 the site was approved for a 116,000 square foot office complex with a parking garage. The site was developed with professional offices, with the exception of two 14,000 square foot building pads that were proposed as three-story buildings. The applicant does not foresee the development of these building pads as professional offices since there is available office space surrounding the hospital. The owner is requesting to convert the use to a multi-family development of 144 units to serve the medical community. The majority of the units will be one-bedroom units. Studio units and two-bedroom units are also proposed. Staff recommended approval of the conditional use permit request. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Senior Planner Kruse,stated the variance request to allow for a building height of 70 feet was originally considered at the December.13, 2016 Council meeting; however, the request was tabled to February 14, 2017 to allow the applicant and adjacent property owners additional time to discuss changes to the development proposal. Staff recommended denial of the variance request. Senior Planner Kruse commented Variance Request 2 was based on City Council discussion at the December 13, 2016 hearing. The applicant has modified the original site plan, which created the need to request a second variancefor the project. The applicant is seeking a variance to reduce the number of dumpster enclosures required by the Land Development Code. The applicant is proposing one trash compactor with two bins. Each bin,would:have a 3 to 1 ratio over one dumpster, equaling the same amount of cubic yards when compacted on site. The compactor is proposed to be completely enclosed within.the building pad of the residential building and would not be visible from the outside. Staff recommends denial of Variance Request 2. New conditions were received from the owner and reviewed by staff. Staff is agreeable to the new conditions for the Conditional Use Permit. The document was distributed to the City Council. Attorney Jimmy Crawford; representing Belgian Capital Fund, LLC., stated they have a signed agreement with the doctors. Attorney Crawford presented a layout of the plan which separates the two properties. Mayor Ash opened the public hearing. Attorney Allison Strange;representing the doctors, stated that an agreement was reached with the doctors; however, the resurfacing of the parking area was a matter which was not resolved. The owner and the doctors have agreed to allow the matter to be determined by.the City Council. The position of the doctors was for the owner to have the entire site repaved, and have the repaving condition included in the owner's Conditional Use Permit. The position of the owner was the $50,000 settlement was inclusive of the resurfacing. The doctors consider.:the $50,000 payment was for the separation of the site into two • communities. City Attorney Mantzaris asked of the relationship between the conditional use permit and the resurfacing. Attorney Strange stated the new access points to the apartments are not developed and the apartment builders would have to utilize the current access. Attorney Crawford commented there was very little common areas as the doctors own the individual buildings. The common areas consist of the stormwater,and lighting. The reserve for the doctors will be overfunded with the$50,000 payment. A construction easement is included in the separation agreement, which states the owner must pay for any damages. City Attorney Mantzaris stated the City has not seen the agreement between the owner and the doctors. There is going to be a necessary process for.the separation and any Council decision will be conditioned on the separation. There is a certain amount of common area:which currently exists and there would need to be confirmation as to the responsibility of the common areas. The property was a code enforcement issue,which included maintenance issues. Attorney Crawford stated the common areas, utilities, and any easements will be reviewed by city staff during the site review process. Council Member Goodgame would like the item tabled until all ofthe agreements are in place. 6 • City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Council Member Travis spoke in opposition of the proposed project. Attorney Crawford announced the road resealing issue was resolved. City Attorney Mantzaris statedstaff can work through any additional issues regarding the future maintenance during the site review process. The process includes a separation of the two areas and the owner and doctors have to work with staff, somany Of the ownership issues will be resolved. Council Member Bates expressed concern of the two egresses onto the property. Brian Denham; Denham Engineering, stated the access points have enough separation for refuse and fire truck access and turn around. The parking garage has standpipes for fire truck access to water. City Manager Gray commented emergency vehicle access would be reviewed during the site review process. Council Member.Mullins asked of the fence material. Mr. Denham stated the fence would be aluminum. Council Member Bates inquired if the complex could be a condominium as opposed to apartments. Attorney Crawford stated the apartments would be built to condominium standards; however, there was no intent at this time to sell the units as condominiums. Council Member. Goodgame asked of amenities for children. Attorney Crawford commented the apartments will be marketed for adults; however,there will be a pool and a picnic area. Council Member Bates moved for approval of Resolution 2016-42 and including the 10 additional conditions presented;- seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Travis in opposition. Council Member Mullins moved for approval of the building height variance request; seconded by Council Member Bates. The motion passed 4 to 1 with Council.Member Travis in opposition. Council.Member Mullins moved for approval of Variance 2; seconded by Council - Member Bates. The motion passed 4 to 1 with Council.Member Travis in opposition. Item No. 16--Ordinance No.2017-01 Final, Al Roznowski Services, LLC., Commercial Solid Waste Deputy City Clerk Noak read Ordinance 2017-01 aloud by title only. An Ordinance of the:City Council of the City of Clermont, Lake County, Florida, under the Code of.Ordinances of the City of Clermont, granting a garbage collection franchise to Al Roznowski Services, LLC., providing for the term of the franchise and for other purposes connected with a franchise for the collection Of garbage within the City of Clermont. City Manager Gray stated the ordinance was a standard agreement for a commercial franchise for the collection of garbage within the City of Clermont. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14,2017 Council Member Mullins moved for approval of Ordinance 2017-01; seconded by Council Member Bates. The motion passed 5 to 0 on a roll call vote. Item No. 17=Ordinance No. 2017-03 Final, Municipal Service Taxing Unit Deputy City Clerk Noak read Ordinance 2017-03 aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to Section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county-wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County"Commissioners of Lake County, Florida; providing for the City to be included within said Municipal.Service Taxing Unit for a specified term of years; providing for severability, effective date and publication. City Manager.Gray stated the agreement is an agreement with Lake County to include the City of Clermont in the Municipal Taxing Unit for the provision of ambulance and emergency medical services. There have been"discussions to provide these services ourselves in the future. Staff recommended approval for one year. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins-moved for approval of Ordinance 2017-03; seconded by Council Member Bates. The motion passed 4 to 1 on a roll call vote, with Council Member Goodgame in opposition. Item No. 18—Ordinance No. 2017-06 Final, Right of Way Closing, East Desoto Street Deputy City Clerk Noak read Ordinance 2017-06 aloud by title only. An Ordinanceof the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the 60-foot right-of-way easement for East Desoto Street lying west of U.S. Highway 27 and north of lot 50a as recorded in the Plat of Lake Highland Co: 19-22-26 Plat'Book 2 Page 38 Public Records of Lake County, Florida; repealing all ordinances in.-conflict herewith, providing for severability, publication, recording,and for an effective date. Senior Planner Kruse presented the request to close a portion of East Desoto Street located in the middle of the northern portion of a proposed development off U.S. Highway 27. The portion of East Desoto Street no.longer serves as an access to homes or U.S. Highway 27. Staffrecommended approval of the right-of-way closing. Mayor Ash opened the public hearing. Dale Mack; 13116 Summerlake Way, stated he owned the lot adjacent to the location of the property. Granting the closing would not allow an opportunity for small businesspersons to grow in the area. He stated currently he was not willing to sell the lots; however, he has been open to long and short-term lease agreements. Mr.Mack requested Council deny the request. 8 • City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Byron. Carter; 1928 Brantley Circle, represented the applicant, Fonstock Real Estate Investments. Conceptual plans are in the early stages of development for potential venues such as entertainment, restaurants,or motels. Council Member Mullins asked ofthe zoning of Mr. Mack's property. Staff verified the property was zoned R=3 Residential. Ronaldo Camargo; 1949 Brantley Circle, stated he was one of the property owners requesting the right- of-way.closing. ;.The plans are to attract entertainment,restaurants, or hotels to provide jobs for the area. Mayor Ash inquired of Mr.Mack's concern. Mr. Mack stated he felt closing the right-of-way would limit his development opportunity and restrict future business partners. Council.Member Mullins asked;if Mr. Mack was of the understanding East Desoto Street would open - onto U.S. Highway 27 in the future. Mr. Mack commented he wasof the understanding the street would open onto U.S. Highway 27. City.Manager Gray stated staff had researched the possibility of the street opening onto U.S. Highway 27 and the Department of Transportation will not allow the street to open onto U.S. Highway 27. Council Member Travis inquired of the right-of-way changing ownership should the street be closed. City Attorney Mantzaris stated the property would be owned by the property owners on each side of the right-of-way, which is the applicant. The concern of Council is whether the right-of-way will serve a future purpose as a road. Council Member Goodgame moved for approval of Ordinance 2017-06; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Council Member Bates in opposition. Item No. 19-Ordinance No.2017-07 Final, Council Compensation Deputy City Clerk Noak read Ordinance 2017=07 aloud by title only. An Ordinance of the City Council of.the City. of Clermont, Lake County, Florida, amending Chapter-.2 "Administration", Article II "City Council", Section 2-33, "Compensation of Mayor and Councilmembers", providing that effective January 1, 2019, 'compensation for the Mayor and Council shall be $650 per month and $550 per month, respectfully, and shall be automatically adjusted annually thereafter by the consumer price index; providing for publication, codification, severability, conflict, and effective date. City Manager Gray stated the Mayor had mentioned disparities in the Mayor and Council compensation. Staff conducted a survey and presented to Council at several workshops. Council Member Mullins suggested the City use the Consumer Price Index formula. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Finance Director VanZile presented an overview of the survey conducted. The ordinance; effective January 1,2019,proposes the salary for.the Mayor in the amount of$650 a month, and $550 a month for Council Members. Effective January 1, 2020 and each year after, the compensation for the Mayor and Council Members would be adjusted based on the Consumer Price Index. Thelast compensation increase was approved in 1990 in the amount of $400 per month for the Mayor and $300 per month for the Council Members. Mayor Ash opened the public hearing. Choice Edwards; 2062 Dobson Street, suggested structuring any increase in the Council and Mayor compensation in a manner in which the increase can be declined or donated. Jim Purvis; 4206.Hammersmith Drive, suggested the Council and Mayor bar themselves from ever benefitting from an increase while in office. Mr. Purvis suggested not using the Consumer Price Index. Judy Proli; 1020 Everest Street, expressed concern of the substantial pay raise and mentioned amenities the Mayor and Council receive. Mayor Ash presented a chart indicating the compensation comparison of other Lake County municipalities."It has been 26 years since.the City of Clermont Mayor and Council Members received an increase. The population has increased, responsibilities have increased, there are more meetings and events to attend, and the amount of time to review meeting materials has increased. The current City Council and Mayor will not receive the increase as the increase is not effective until January 1, 2019. Ms. Ash referred to Council Member Goodgame's letter to the citizens; which was cited in newspaper articles, of not believing in:paying citizens to serve on the City Council, as the time involved is a contribution.to the City and citizens`of the community. . Mayor Ash commented her and the Council Members time has value, and three of the Council Members have full time jobs which can require shuffling of their work responsibilities in order to serve the community. She stated Mr. Goodgame commented on not raising compensation when spending cuts are being made, and commented the Council has not addressed cutting spending. Increasing the Mayor and Council compensation Will not create a financial burden on the residents or on the budget. Council Member Mullins commented the Mayor and Council were not receiving free items or extra compensation. Mr. Mullin s suggested removing the wording 'an increase' in relationship to the Consumer Price Index. Council Member Travis stated citizens who she spoke to were embarrassed to discover the Mayor and Council had not had an increase in 26 years. Council Member Bates was opposed to an increase. The Mayor and Council Members were aware of the compensation when they ran for office. Council Member Mullins commented the Mayor and Council would not receive the compensation increase for the remainder of their terms. The Council should consider future mayors and council members. The Consumer Price Index is a fair method of compensation calculation and removes the compensation amountfrom City Council decision. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Council Member Goodgame spoke in opposition of the increase. Future mayors and council members should want tohold office as a civic duty,not for compensation. Council Member Mullins moved to adopt Ordinance 2017-07, striking the wording 'an increase' regarding the Consumer Price Index; seconded by Council Member Travis. The motion passed 3 to 2 on a roll call vote,`with'Council Members Goodgame and Bates in.opposition., Mayor Ash recessed the meeting at 8:55pm. Mayor Ash reconvened the meeting at 9:12pm. NEW_BUSINESS Item No.20—Variance Request 291 Carroll Street Senior Planner Kruse presented the request to allow a rear yard setback of 7 feet and an interior side yard setback of 2 feet to construct a detached garage in the rear portion of the property located at 291 Carroll Street. The 26 foot wide by 30 foot deep detached garage will be accessed from Third Street. The owner has room to place the garage in front of the home and meet setbacks; however, the view of Sparkling Water Lake would be obstructed and the visual aspect of the garage would decrease the appearance and aesthetics of the home. Staff recognizes the home is already a non-conforming home and the request would increase the non-conforming'.use. Staff recommended denial of the variance request. Todd Brandenburg; Applicant, stated the house sets back further on the property and placing a garage in front of the home would obstruct the neighbors view of the lake. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins asked of moving the proposed garage closer to the home. Mr. Brandenburg commented a bedroom would not receive sunlight should the proposed garage be located closer to the home. Council Member Mullins inquired if any trees would need to be removed. Mr. Brandenburg stated some shrubbery and perhaps a lemon tree would need to be removed. Council Member Mullins moved to approve the variance request; seconded by Council Member.Bates. The motion passed with all members present voting aye. Item No.21-Variance Request Magnolia Park Senior Planner Kruse presented the request to allow the elimination of trees in the landscape buffer along rights-of-way along Sunburst Lane: The Magnolia Park Homeowners Association would like to remove the trees and replant,them in the subdivisions common areas to prevent further damage to the brick wall and the City sidewalk. Staff is not opposed to the request; however, one of the eight criteria to grant a variance request has not met a positive finding and staff must recommend denial of the variance request. Barbara Rights; Sentry Management/Magnolia Park Homeowners Association, stated there were 22 trees along Sunburst Lane which were left in their baskets with the tie-downs intact. The Lake County Forestry Department advised the trees have stunted root growth and the roots are growing in a circular pattern. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14,2017 The trees will have a tendency to topple in a storm. The brick wall was damaged and the City has recently. repaired the sidewalk damaged by the tree roots. The removal of the trees will prevent unnecessary,liability to property and people. 'Ms. Rights indicated the initial removal and relocation of 9 trees may provide more room for the remaining 13 trees. Mayor Ash opened the public hearing. Richard Prasse; 3257 White Blossom Lane, commented the trees were growing well and should not be removed. The trees would be difficult to remove and relocate due to their size. The damage to the wall is not noticeable from the road and the damage to the sidewalk has been repaired. Mr. Prasse requested denial of the variance.request. Mayor Ash closed the public hearing. Council Member Mullins stated an option would be to move the wall and asked of the type of trees which would be removed. Ms. Rights stated the trees are a type of oak with a life expectancy of 40 years. Council Member Goodgame commented the sidewalk and wall would continue to suffer damages by tree roots and would like all of the trees to be removed. Ms. Rights indicated leaving some of the trees will allow a canopy to remain and the preference is to remove the trees in phases. Council Member Mullins was in favor,of phasing the tree removals. Council Member Goodgame moved to approve the removal of 9 to 10 trees; seconded by Council Member Bates. Council Member Bates commented the application did not specify the number of trees. Council Member Goodgame amended the motion to approve the variance request; seconded by Council Member Bates.. The motion passed with all members voting aye. Item No.22—Ordinance No.2017-10 Introduction, Right of Way Closing, Lake Shore Drive Deputy City Clerk Noak read Ordinance 2017-10 aloud by title only. An.Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the 40 foot right-of-way of Lake Shore Drive lying north of Lots 11 thru 18, Block 117, as recorded in the plat of Johnson's Replat Plat Book 8 Page 71 Public Records of.Lake County, Florida; repealing all ordinances in conflict herewith, providing for severability,`publication,recording,and for an effective date. Council Member Mullinsmoved for introduction of Ordinance 2017-10; seconded by Council.Member Bates.- The motion passed with all members present voting aye. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Item No.23—Ordinance No.2017-11 Introduction, West Lake Small Scale Comprehensive Plan Amendment Deputy City Clerk Noak read Ordinance 2017-11 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Council Member Mullins moved for introduction of Ordinance 2017-11; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.24—Ordinance No.,2017-12 Introduction, West Lake Rezoning Deputy City Clerk Noak read Ordinance 2017-12 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 for introduction of Ordinance 2017-12; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 25 — Ordinance No. 2017-13 Introduction, Victory Pointe, LLC. Small Scale Comprehensive Plan Amendment Deputy City Clerk Noak read Ordinance 2017-13 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Council Member Mullins moved for introduction of Ordinance 2017-13; seconded by Council Member Bates. The motion passed with all members present voting aye. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14,2017 Item No.26—Ordinance No.2017-14 Introduction, Victory Point, LLC'. Rezoning Deputy City.Clerk Noak read Ordinance 2017-14 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-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 for introduction.of Ordinance 2017-14; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.27-Ordinance No.2017-15 Introduction,Anderson Hill Annexation Deputy City Clerk Noak read Ordinance 2017-15 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present City boundaries;providing for an effective date, severability,recording, and publication. Council Member Mullins moved for introduction of Ordinance 2017-15; seconded by Council Member Bates. The motion passed 4 to 1 with Council Member Goodgame in opposition. Item-No. 28 — Ordinance No. 2017-16 Introduction, Anderson Hill Small Scale Comprehensive Plan Amendment Deputy City Clerk Noak read Ordinance 2017-16 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale:Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes, setting.forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan .Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Council..Member Mullins commented a site plan was not included in the Council packet. City Manager Gray stated a site plan would be included for the final hearing. Council Member Mullins moved for introduction of Ordinance 2017-16; seconded by Council Member Bates. The motion passed 3 to 2 with Council Members Travis and Goodgame in opposition. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Item No.29—Ordinance No.2017-17 Introduction,Anderson Hill Rezoning Deputy City Clerk Noak read Ordinance 2017-17 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 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 for introduction of Ordinance 2017-17; seconded by Council Member Bates. The motion passed 3 to 2 with Council Members Travis and Goodgame in opposition: Item No:30—Ordinance.No.2017-18 Introduction, Tommy's of Clermont Annexation Deputy City Clerk Noak read Ordinance 2017-18 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present City boundaries;providing for an effective date, severability,recording, and publication. Council Member Mullins moved for introduction of Ordinance 2017-18; seconded by Council Member Bates. The motion passed with all members present voting aye. Item.No. 31 -Ordinance No. 2017-19 Introduction,.Tommy's of Clermont Small Scale Comprehensive Plan Amendment Deputy City Clerk Noak read Ordinance 2017-19 aloud by title only. An. Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small .Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes, setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; "providing for the adoption of the Small Scale Comprehensive Plan Amendment;":establishing°the legal status of the Small Scale Comprehensive Plan .Amendment; providing a severability clause and providing an effective date. Council Member Mullins moved for introduction of Ordinance 2017-19; seconded by Council Member Bates. The motion passed with all members present voting aye. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING February 14, 2017 Item No.32—Ordinance No.2017-20 Introduction, Tommy's of Clermont Rezoning Deputy City Clerk Noak read Ordinance 2017.20 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 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 for introduction of.Ordinance 2017-20; seconded by Council Member Bates..The motion passed with all member present voting aye. Item No.33—Ordinance.No.2017-21 Introduction, The Shops at WaterBrooke Rezoning Deputy City Clerk Noak read Ordinance 2017-21 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 289-C, Code of Ordinances; rezoning the real properties described herein as shown below;providing for severability, effective date,and publication. Council Member Mullinsmoved for introduction of Ordinance 2017-21; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.34-Ordinance No.2017-22 Introduction,Density Bonus Criteria Deputy City Clerk read Ordinance 2017-22 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Land Development Code of the City of Clermont by addition Section 122- 249, Density Bonus Criteria; setting forth standards and regulations of the criteria for the density bonus; and providing,for conflict, severability, codification and an effective date. Council Member Mullins moved for introduction of Ordinance 2017-22; seconded by Council Member Bates.- The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 9:51pm. APPROVED: -/Ar , r Gail L. Ash,Mayor ATTEST: Tracy Ackro d Howe,City Clerk 16