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03-28-2017 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2017 The Clermont City Council met in a regular meeting on Tuesday, March 28, 2017 in the Clermont City Council Chambers. Mayor Pro-tern Travis called the meeting to order at 6:30pm with the following Council Members present: Council Members Mullins, Bates, and Goodgame. Other City officials present were: City Manager Gray,City Attorney Mantzaris, and Acting City Clerk Noak. Mayor Pro-tern Travis announced Mayor Ash was absent due to illness. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Rivera gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Police Department Annual Awards Police Chief Broadway presented the Police Department Annual Awards for 2016. Officers Rogers and Colon received the Community Police Service Award. Officers Davis, Teets, Jack Kruse, and Sargent Bloom were honoredfor saving lives. Debbie Arroyo received the Civilian Employee of the Year award for 2016. Officers.Teets and Reasoner received Officer of the Year for 2016. The Supervisor of the Year award for 2016 was presented to Sargent Joyner. Ironman 70.3 Triathlon Mayor Pro-tern Travis announced the Ironman 70.3 presentation was postponed. City Manager Gray announced Consent Agenda Item Number 7; Resolution 2017-16 Fire Department Standards of Cover, will be presented on April 11, 2017. Consent Agenda Item Number 8; Resolution 2017-17 Business Tax Receipt,was withdrawn due to changes in the proposed legislative bill. City Manager Gray stated the applicant requested Unfinished Business Item Number 10; Ordinance 2017- 10 Lake Shore Drive,be tabled to the April 11,2017 meeting. Item No. 10—Ordinance No.2017-10 Final, Lake Shore Drive Table to April 11, 2017 Acting City Clerk Noak read Ordinance nce 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 Mullins moved to table Ordinance 2017-10 to April 11, 2017; seconded by Council Member Goodgame. The motion passed with all members present voting aye. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2017 City Manager Gray announced the applicant for Unfinished Business Item Number 11; Ordinance 2017- 21 The Shops at WaterBrooke Rezoning, has requested postponement to the April 25, 2017 meeting due to the lack of a full Council. Item No. 11—Ordinance No. 2017-21 Final, The Shops at Water Brooke Rezoning Acting 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 No.289-C, Code of Ordinances;rezoning thereal properties described herein as shown below; providing for severability, effective date,and publication. Council Member Mullins moved to.postpone Ordinance 2017-21 to April 25, 2017; seconded by Council'Member Goodgame. The motion passed with all members present voting aye. City Manager Gray reported New Business Item Number 13; Resolution 2017-14 Weatherbee CUP, has requested to be heard at the April h 1,2017 meeting. Item No. 13—Resolution No.2017-14 Weatherbee Conditional Use Permit Council Member Mullins moved to table Resolution 2017-14 to.April 11, 2017; seconded by Council Member Goodgame. The motion,passed with all members present voting aye. City Manager Gray announced,the applicant for New Business Item Number 14; College Station Variance Request,has requested postponement to the April 11,2017 meeting due to the lack of a full Council. Item No. 14—Variance Request College Station Council Member Mullins moved to postpone the College Station Variance Request to April 11, 2017; seconded by Council Member Goodgame. The motion passed with all members presented voting aye. City Manager Gray reported the applicant for New Business Item Number 15; 1644 Penzance Road Variance Request, has requested postponement to the April 25, 2017 meeting due to the lack of a full Council. Item No. 15—Variance Request 1644 Penzance Road Council Member Mullins moved to table the Penzance Road Variance Request to April 25, 2017; seconded by Council Member Goodgame. The motion passed with all members present voting aye. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2017 PUBLIC COMMENTS Jim Purvis; 4206 Hammersmith Drive, thanked the City and the staff at the Arts and Recreation Center for their assistance with the Friends of Mike Conley Hospice House fund raiser. Mr. Purvis thanked the Police Department for their help and assistance in handling a.situation_in the Kings Ridge subdivision. David Tisdale; Clermont Waterfront Parkrun, spoke of Ani Velcheva beating the 12 year-old girls 5k World Record by 16 seconds at the March 18,2017 run. Kimberly Grogan thanked the Park Rangers, Parks and Recreation staff, and Officer Colon for their assistance with the Parkrun. The Parkrun is held at 7:30am each Saturday at Waterfront Park. Harry Mason; 3.667 Caladesi Road, spoke of issues with the developer phasing out the construction at the Heritage Hills subdivision. Mr. Mason expressed concern of the lack of parking for guests in the subdivision. REPORTS City Manager Gray commented on the well attended shows at the Arts and Recreation Center. He announced Environmental Services Director Roy will be leaving the City and thanked him for his services. City Attorney Mantzaris—No report. Council Member Batesasked of the effect the proposed legislative changes would have on the City of Clermont elections. City Attorney.Mantzaris stated the City's election process was consistent with the proposed legislative changes. Council Member Goodgame spoke of the audio and visual quality of the Performing Arts Center. Mr. Goodgame commented on the growth in south Lake County and requested a workshop to discuss school overcrowding. Council Member Mullins-No report. Council Member Travis stated she enjoyed the Friends of Mike Conley Hospice House dinner. CONSENT AGENDA Mayor Pro-tern Travis advised thenext item on the Agenda for consideration was the Consent Agenda and requested anyone wishingto have any item pulled for discussion to please come forward at this time. Item No. 1 -Bid Award Consider approval of bid award to American Janitorial, Inc. for janitorial services for the Clermont Police Department in the budgeted amount of$57,153.60. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2017 Item No.2—Contract Award Consider request to piggyback the Sheriffs Association contract number 16-VEF12.0 with Pierce Manufacturing, Inc. to purchase one (1) Pierce Saber Pumper in the budgeted amount of $425,000.00. Item No.3—Contract Award Consider request to piggyback the City of Orlando contract with Rush Truck Centers of Florida, Inc. to provide sublet vehicle repair services in the estimated annual amount of $145,000.00. The projected cost is included in the current fiscal year budget. Item No.4-Purchase Approval Consider approval of request to purchase upgrades to Lift Station 5 force mains in the budgeted amount. of $74,339.00 in the Sewer Fund for the on-going maintenance to the City's force main system. Item No.5—Event.and Road Closure Request Consider request to allow the Clermont Downtown Partnership to host their annual "Downtown Clermont Art Festival" on November 3, 4, and 5, 2017 in Historic Downtown Clermont. Item No..6—Interlocal Agreement Consider approval of an Interlocal Agreement Lake Sumter Metropolitan Planning Organization with the Lake Sumter Metropolitan Planning Organization for transportation management coordination. The current year funding cost is $6,259.79 and.is available in the current year budget. Item No. 7—Resolution No.2017-16 Consider resolution adopting Fire Department Fire Department Standards of Cover Standards of Cover. Item No.8—Resolution No.2017-17 Consider approval of resolution opposing Business Tax Receipt pending legislative bills limiting the amount that a city can charge for Business Tax Receipts. Item No.9—Resolution No.2017-18 Consider approval of resolution opposing Home Rule pending bills preventing cities from enacting ordinances to regulate businesses. Council Member Bates moved for approval of the Consent Agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28,2017 UNFINISHED"BUSINESS Item No. 12'—Ordinance No.2017-23 Final, The Addison Rezoning Acting City Clerk Noak read Ordinance 2017-23 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. Senior Planner Kruse stated the Council previously heard the request for the rezoning at the January 17, 2017 Council meeting. The applicant withdrew the request and recently resubmitted the request. The proposed rezoning was revised to include commercial uses. The applicant; B&S Engineering Consultants, is requesting a rezoning from C-2 General Commercial to Planned Unit Development for a proposedapartment community. The property is located at the northwest corner of Hooks Street and Citrus Tower Boulevard and extends west to Oakley Seaver Drive. The property was previously altered due to mining activities and is currently vacant. The applicant would like to:develop the site;for a multi_family:development with up 230 units and for limited commercial uses on two mixed-use pads at the entrance of the proposed project. The project will consist of 13 multi-story buildings with .a clubhouse and other .amenities: The commercial areas willbe limited to office, restaurant, or retail use. The applicant is requesting several_waivers to handle existing conditions. The applicant is requesting cut and fill up to 25 feet;4 to 1 grades where needed, a maximum retainingwall height of 13 feet, a 3 foot terrace when two wall segments are required, a gatedcommunity with private streets, driveway access and parking below the,centerline of"the adjoining roads, a;central compactor for solid waste, and a maximum building height up to 69 feet for the Type I buildings. The applicant has proposed elevators in the buildings with a walkup of more than one story. The traffic report indicates the proposed development will not require additional improvements to the surrounding roadway systems. The applicant:will be,required to participate in any mitigation warranted by the Lake County School District for school concurrency. Staff recommended approval of Ordinance 2017-23. Attorney Jimmy Crawford; representing DeWitt Enterprises, introduced Ian Lowry and Mark Osier. Attorney Crawford spoke of the quality and amenities of the project. The grading plan in relationship to the parking area and the buildings was reviewed' Attorney Crawford stated five of the buildings will have elevators and the placement;of the buildings and the amenities were,discussed. The apartments will be built to condominium standards and Attorney,;Crawford presented a video and photographs of the buildings, amenities, and:the basic floor plan. The commercial uses will be limited to professional office, restaurant, and retail uses. Attorney Crawford requested the proceeds of the January 17, 2017 meeting be incorporated into the record. Mayor Pro-tern Travis opened the public hearing. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28,.:2017 Jim Purvis; 4206 Hammersmith Drive, Beth Buckman; 12817 Magnolia Pointe Boulevard, Christina Haskins. 10329 Alameda Alma, Linda Martin; 2371 Caledonian Street, Kasey Kesselring, and Christy Clark; 12150 Lake Shore Drive, spoke in favor of the proposedproject. Mayor Pro-tem Travis closed the public hearing. Council MemberBatesinquired of access onto Citrus Tower Boulevard. Attorney Crawford indicated there was an emergency access gate which would be unavailable for the residents or guests. Council Member Bates inquired of the businesseswho will occupy the commercial area. Attorney Crawford stated the businesses were currently unknown. Council Member Bates asked of any landscape buffer variances. Senior Planner Kruse commented the proposed project will meet the City's landscaping buffer requirements. Council Member Batesinquired of the apartment building construction materials. Attorney Crawford stated theapartment buildings would be of wooden construction and built to condominium standards. Council Member Bates asked how many buildings would be four stories. Attorney Crawford indicated two of the buildings would be four stories. Council Member Bates inquiredof the future possibility of converting the apartments to condominiums. Attorney Crawford indicated condominiums were not part of the current business plan. Mayor Pro-tem,Travis commented on athletes preferring to purchase a condominium as opposed to renting an apartment, Ms. Travis asked of the reason for not.:building condominiums. Mr. Osier indicated.the. financing structure for building condominium units were different than for building apartment units. Council Members Mullins and Goodgame spoke in favor of the proposed project. Council Member Bates asked of the timeframe for development. Attorney Mantzaris stated a condition was for substantial development of the project within three years from approvalof the ordinance. City Attorney Mantzaris commented the'language in the ordinance should clarify any increase; in residential density would require an amendment approved by the City Council. City Attorney Mantzaris requested the wording of a maximum of two four-story units be included,in the ordinance. CounciL Member Goodgame moved for approve of Ordinance 2017-23 asamended by the City Attorney; seconded by Council Member.Bates. 'The motion passed 3 to 1 on a roll call vote with Mayor Pro-tem Travis in opposition. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28,2017 NEW BUSINESS Item No. 16—Ordinance No. 2017-08 Introduction, Firefighters Pension Plan Acting City Clerk Noak read Ordinance 2017-08 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, 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. Council Member Mullins moved for introduction of Ordinance 2017-08; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 17—Ordinance No.2017-09 Introduction, Police Officers Pension Plan Acting City Clerk Noak read Ordinance 2017-09 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. Council Member Mullins moved for introduction of Ordinance 217-09; seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:20pm. ct�o�Fo"1^rr APPROVED: • Gail L. Ash,Mayor ./ ATTEST: Denise Noak, Acting City Clerk 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28,2017 Excerpt of the January 17, 2017 Special Council Meeting The Clermont City Council met in a special meeting on Tuesday, January 17, 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 City Clerk Ackroyd Howe. Ordinance No.2017-04 Final—The Addison;Rezoning City Clerk Ackroyd Howe read Ordinance 2017-04 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. Senior Planner Kruse presented the rezoning request from C-2 General Commercial to Planned Unit Development for an apartment community called The Addison. The 19.17-acre property is located at the northwest corner of Hooks Street and Citrus Tower Boulevard and extends west towards Oakley Seaver Drive. The applicant; B&S Engineering Consultants, desires to develop the site for a multi-family development with up to 12 units per acre for a total of up to 230 units. The project will consist of 16 multi-story buildings with a clubhouse and other amenities,with no proposed commercial development. The applicant is requesting several waivers due to existing conditions. The waivers are to allow cut and fill up to 25 feet over the project area, 4 to 1 slope grades which include the landscape buffers, a maximum retaining wall height of 13 feet, a 3-foot terrace instead of a 5-foot terrace when 2 wall segments are required, a gated development with private streets, a driveway access and parking below the center line of adjoining roads, and a central compactor for solid waste collection. Staff acknowledges the site was previously disturbed and the original topography had been altered. Staff understands the site will be challenging to develop. The traffic report indicates the proposed development will not require additional improvements to the surrounding roadway systems. The impact of the Lake County School District is currently under evaluation and the applicant acknowledges they will be required to participate in any mitigation which may be warranted for school concurrency. The Planning and Zoning Commission voted 4 to 1 to recommend approval of the rezoning request. Staff recommended approval of the rezoning request. Major Stacey; Applicant, agreed with staff's recommendation for approval and was available to answer any questions. Mark Osier; 237 South Westmonte Drive, Altamonte Springs, Florida, commented on the need for apartments. The national average indicates between 30 and 35 percent of the population will rent apartments and in Clermont the rate is 22 percent. Third party market studies for Clermont show a demand of 459 units per year for rental units over$1,100 a month. Mr. Osier was available to answer any questions. Mayor Ash opened the public hearing. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2017 John Schmidt; 1655 East Highway 50, commented he was a contiguous business owner to the property and was in favor of the project. Ann Dewitt Severns; 14463 West Colonial Drive, Winter Garden, Florida, spoke in favor of the project on behalf of the Dewitt family, owner of property. Mayor Ash closed the public hearing. Council Member Goodgame questioned the construction materials and interior design of the buildings. Mr. Goodgame considered the application incomplete and was unable to support the project. Hooks Street and Citrus Tower Boulevard is nota good location for the proposed project and the project is more suited for the south side of Hooks Street. A project creating jobs would be more appropriate. Council Members Mullins and Bates were in agreement with Council Member Goodgame. Council Member Travis stated the Council recently voted for high density in the downtown area and the type of development proposed should be located in the downtown area. Mayor Ash noted the Council was holding a workshop for a project called The Vue; which contains apartments on the north side of Hooks Street. City Attorney Mantzaris cautioned discussing The Vue at the current meeting. City Manager Gray commented The Vue has an approved Conditional Use Permit for apartments and commercial uses, and the workshop was to discuss the requested amendments to their Conditional Use Permit. Mr. Osier addressed the comments and concerns stating the project would be a high-end luxury project using wood or metal materials, and some of the buildings would have elevators. The buildings would be designed,around the topography, the density is appropriate for the location, and the rental rates will be affordable for the population. Commercial use of the site would create a higher volume of traffic and would not.have the same curb appeal as the proposed project. Council Member Mullins stated the main issue was the location of the proposed project. Council Member Mullins asked of denying without prejudice. City Attorney Mantzaris stated a denial without prejudice was not an available option. The applicant withdrew the request. 9