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06-27-2017 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 27,2017 Clermont City Council met in a regular meeting on Tuesday, June 27, 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, Travis and Goodgame. Other City officials present were: Capital Planning, Grants and Projects Director Kinzler, City Attorney Mantzaris, and Deputy City Clerk Noak. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Checoye gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Public Works Update Public Works Director Brunson provided an update on the two Florida Recreation Development Assistance Program grants received for upgrades to Palatlakaha Park and the United States Fish and Wildlife Service grant for upland restoration at Lake Hiawatha Preserve. Volunteers from the Church of Latter Day Saints and Texas Roadhouse cleaned debris at Lake Hiawatha Preserve and spread mulch in the playground area at Hancock Park. Mr. Brunson updated the City Council on the Victory Pointe dewatering process, the installation of the Cemetery Columbarium, new signage for the parks, and the proposed No Wake Zones on Clermont waterways. The Parks and Recreation Department will be installing a fence along the Waterfront Trail from East Avenue to 2nd Street and from 46 Street to the end of Carroll Street. Mr. Brunson reported currently has three projects out for bid; the boat ramp relocation, Minneola Avenue,and the annual street resurfacing projects. PUBLIC COMMENTS Steve Smith; New Beginnings, provided an update on a recent meeting with various members of the community, including Mayor Ash, Economic Development Director Schmidt, and Clermont Police Department Sargent Draper regarding the homeless and other local concerns. Mr. Smith reported there are over 500 school students living below the poverty level, the need for lower income and senior housing, and a lack of public transportation in the City of Clermont. The concerns identified were the lack of available resources, income, affordable housing, food, clothing, and health care. Mayor Ash stated she requested Mr. Smith to provide his presentation under public comments. Tim Engle; 164 Orange Avenue, expressed concern of glass on the beach front and commented the glass should be professionally removed. Ana LeBlanc; 294 Linden Street, spoke in support of Mr. Engle. Jim Purvis; 4206 Hammersmith Drive, spoke of Mr. Engle trashing the City on Facebook instead of addressing his concerns with City staff. REPORTS City Manager Gray was not present. City of Clermont MINUTES REGULAR COUNCIL MEETING June 27,2017 Capital Planning, Grants and Projects Director Kinzler stated City Manager Gray was representing the City at the Florida Government Finance Officers Association Annual Conference as a guest speaker. Mr. Kinzler reported the City's 4' of July celebration will be held at Waterfront Park on July 4, 2017 from 6:30pm until 10:OOpm and the fireworks will begin at 9:15pm. City Attorney Mantzaris—No report. Council Member Bates—No report. 1 Council Member Goodgame stated the Lake County Attorney requested the City of Clermont to prepare a resolution regarding the Lake Sumter Metropolitan Planning Organization. The resolution will be on the next City Council agenda. Council Member Mullins—No report. Council Member Travis commented on representing Clermont, at the Bend, Oregon 2017 Duathlon National Championships and placed 2'in her division. Mayor Ash reported on attending the Victory Pointe ground breaking, The Veve Apartments opening, held Coffee with the Mayor at Jalea, attended the Lake Apopka Natural Gas Board Meeting, the Clermont Police Department Re-Accreditation Ceremony at the Omni Resort,the ribbon cutting of Gray Collection, and the swearing in of a new Clermont Police Officer. 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 April 11, 2017 and the May 23, 2017 Regular Council Meeting minutes. Item No.2-Purchase Approval Consider the purchase of a trailer mounted fetter in the budgeted amount of$57,898.00 from the Florida Sheriff's Contract. Item No.3—Purchase Approval Consider the purchase of Trenchless Sewer Main Pipe lining services in the budgeted amount of$80,520.00. Item No.4—Purchase Approval Consider approval of one time purchase between !; the City of Clermont and Ty Parker& Son, Inc. d/b/a Wildland Warehouse to procure firefighter protective clothing in the total budgeted amount of$54,863.16. 2 jj City of Clermont MINUTES REGULAR COUNCIL MEETING June 27,2017 Item No.5—Contract Award Consider approval to piggyback the City of Plantation contract with Allied Universal Corporation for supply and delivery of Sodium Hypochlorite in the estimated annual budgeted amount of$160,000 per year. Item No. 6—Interlocal Agreement Consider approval of the Interlocal Agreement with the Town of Montverde providing wholesale wastewater treatment for up to 200,000 gallons per day. Item No. 7—Resolution No.2017-31 Consider Resolution authorizing the purchase of property from John Kingman Keating, Tony H. Roper, and Bert E. Roper & Barbara C. Roper Family Limited Partnership for property located on Hancock Road consisting of 18 acres in the amended budget amount of$1.8 million dollars. Item No. 8—Resolution No.2017-32 Consider Resolution approval to amend the Fiscal Year 2017 Budget. Council Member Mullins moved for approval of the Consent Agenda; seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.9—Ordinance No.2017-24 Final—The Vue Planned Unit Development Amendment Deputy City Clerk Noak read Ordinance 2017-24 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. Planning Manager Henschel presented the request to amend the Planned Unit Development granted in June 2016. The property is located south of Highway 50, west of Miss Florida Avenue, and north and south of Hooks Street. The applicant is requesting up to 28 feet of cut and fill in portions of the project and allow for monument signs to be 15 feet above the Florida Department of Transportation berm. Staff recommended, if the commercial portion of the project adjacent to Highway 50 is approved, any future development to the south of the project fronting Hooks Street be required to submit a Planned Unit Development amendment for approval by the City Council. Staff recommended denial of the proposed Planned Unit Development amendment. 3 City of Clermont j MINUTES REGULAR COUNCIL MEETING s June 27, 2017 Jonathan Moore; Applicant, stated the additional uses requested at the June 11, 2017 meeting for the south side of the property were removed, the senior housing units will have elevators in units with three stories or more, and the monument signs on Highway 50 will not exceed more than 15 feet above the Florida Department of Transportation berm on Highway 50. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Bates asked of the number of monument signs. Mr. Moore stated there would be three monument signs on Highway 50 and two monument signs on Hooks Street. Council Member Travis asked for the request to be restated. Planning Manager Henschel stated the proposed changes to the current Planned Unit Development included a cut and fill of up to 28 feet, monument sign height of no greater than 15 foot above the Florida Department of Transportation berm on Highway 50,where the wall height exceeds 40 feet there will be a 20-foot buffer, removal of the proposed accessory uses, and any uses on lots 7 through 13 are required to come back to the Council as an amendment to the Planned Unit Development. Council Member Bates moved for approval as presented; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No:10—Ordinance No.2017-25,Final—Comprehensive Plan Amendment Deputy City Clerk Noak read Ordinance 2017=25 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 f 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. Senior Planner Kruse presented the Small Scale Comprehensive Plan Amendment to change the future land use from Parks to Downtown Mixed Use to allow City-owned property the highest and best future use. The site is directly south of Lake Minneola and north of the West Avenue and Osceola Street intersection. The current zoning is Central Business District, which is consistent with the requested Downtown Mixed Use future land use. Staff recommended approval. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public ` ,t hearing. Council Member Goodgame spoke in opposition of approval until a parking plan is in place. 1 it 1 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27,2017 Capital Planning, Grants and Projects Director Kinzler stated a parking plan is in progress and will be brought before the Council in the near future. Council Member Travis and Mayor Ash spoke in favor of approval. Council Member Mullins spoke of creating a more restrictive future land use category. Mr. Mullins commented the buildings should be shorter on the waterfront. Mayor Ash stated the Council could deny any unacceptable proposed project. Economic Development and Community Redevelopment Agency Director Schmidt indicated the requested change was to provide a future framework. The property is a City-owned asset and any sale or lease of the property could contain restrictions. Council Member Mullins spoke in agreement with Council Member Goodgame regarding the need for a parking plan prior to approval. Council Member Travis asked of the increase of parking spaces on West Avenue. Economic Development and Community Redevelopment Agency Director Schmidt stated parking increased by 60 spaces on West Avenue. Council Member Bates moved for approval of Ordinance 2017-25; seconded by Council Member Travis. The motion passed 3 to 2 on a roll call vote with Council Members ' Goodgame and Mullins opposed. NEW BUSINESS Item No. 11—Event Request and Open Container—Pig on the Pond Program Manager Dudeck presented the request from Pig on the Pond, Inc. to approve their event to be held March 9, 10, and 11, 2018 at Waterfront Park. Pig on the Pond,Inc. has requested open containers at Waterfront Park in an approved beverage area. The appropriate number of off duty Clermont Police officers for the beverage area will be hired. The organization is requesting closure of a section of the trail and detour signs will be in place for those wishing to use the trail during the event. Pig on the Pond, Inc. is requesting fee and permit waivers for the use of Waterfront Park from March 6 through March 12, 2018, and to allow for signage on City property located at Highway 50 and Cut Road at the Clermont water tower. Staff recommended approval of the request. Tom English; Pig on the Pond Board Chair, thanked the City fortheir assistance at previous events and requested Council approval. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Travis spoke in opposition of closing the trail. Ms. Travis mentioned the fence installation from 4th Street to Carroll Street will be completed prior to the event. Program Manager Dudeck stated the rides cover the parking area near 4th Street and 5th Street, which is located near where the fencing will be constructed. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27,2017 Council Member Mullins commented people have been allowed to walk or ride the trail during previous Pig on the Pond events. Council Member Travis asked of extending the site to the west and not using both sides of the trail. Cheryl Fischel; Pig on the Pond, stated the retention pond prevents extending the event site to the west. Council Member Travis commented the trail cannot continue to be closed for three days. Mayor Ash stated staff can evaluate detouring any trail users to avoid interfering with the Pig on the Pond event. Council Member Bates inquired of any increase in the number of vendors. Mr. English stated the number of vendors has not increased. Council Member Goodgame moved for approval and have staff assess use of the trail; seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Travis in opposition. Item No. 12—Variance Request—Mobil Gas Station Senior Planner Kruse presented the request from Mount Dora Gas to allow native plant landscaping without irrigation at the Mobil Gas station located at 998 East Highway 50. The property was impacted by the construction of the Highway 50 and U.S. Highway 27 interchange, and the property owner was paid for portions of the property needed for construction of the interchange. The property owner went through meetings with staff to develop a cure plan regarding parking and landscaping. The cure plan with landscaping and irrigation was approved by the City Council on March 26, 2013. Staff recommended denial of the variance request. !'. , John Hartfield; representing the owner, stated the landscaping site has no access to water. The irrigation system was cut and the expense to replace the system could cause the store to close or cause a reduction in staff. • Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame commented native plants still require watering under very dry conditions. Council Member Bates asked of the inoperable irrigation system. Mr. Hartfield stated a vehicle accident broke down the sign and damaged the irrigation system. Council Member Bates inquired of insurance coverage for repairing the irrigation system. Mr. Hartfield indicated insurance did not cover the damage to the irrigation system. Council Member Mullins asked if the cure plan landscaping was"installed. City Attorney Mantzaris stated the cure plan landscaping was installed to come into compliance with a code enforcement case. Mayor Ash spoke in favor of allowing native plants and asked of the type of native plants which would be installed. Mr. Hartfield indicated the company was not asked to provide a list of the native plants. i • . 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2017 Mayor Ash requested postponement until the Council could be presented with a landscaping design. Mr. Hartfield stated a drawing had been presented to City.staff. Senior Planner Kruse commented copies of the cure plan had been submitted to staff. Mayor Ash asked if the applicant could return with a native plant landscape design. Mr. Hartfield was in agreement to returning and providing pictures of the native plants. City Attorney Mantzaris suggested tabling to the July 25, 2017 meeting. Council Member Mullins moved to table to July 25, 2017; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 13-Variance Request—Arnold Senior Planner Magruder presented the request to allow for an 80-foot lot width for construction of a ' single family home. The existing 165 foot by 160-foot wide lot would be split to create two separate 80 foot by 165 foot lots. The current lot has a single family home on half of the lot. The applicant will apply for the lot split and record the lot split with the Lake County Property Appraiser. Staff recommended denial of the variance request. Carmen Arnold; Owner,requested approval to create a buildable lot for a family member. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame inquired if the current house would require any variances. Senior Planner Magruder commented the existing house would not require any variances. Council Member Mullins moved for approval; seconded by Council Member Bates. The motion passed with all members present voting ave. Item No. 14—Variance Request—Clermont Commons Lot 10 Senior Planner Magruder presented the request for a variance to the parking requirements for a proposed 4,500 square foot medical office building. The proposed site plan will provide for 17 on-site parking spaces, leaving a deficit of 6 spaces. Staff is requesting; if approved, the variance request becomes null and void at the time the business vacates the premises. Staff recommended denial of the variance request. Patrick Bianchi; on behalf of the applicant, stated the proposed building is the last one on the site to be developed and has been platted. The proposed building and the existing building have a shared entry way,with more than 50 percent of the asphalt on the property of the proposed building. Council Member Goodgame inquired if the existing building was short of parking spaces. Mr. Bianchi ' stated the existing building was short of parking spaces. City of Clermont MINUTES REGULAR COUNCIL MEETING June 27,2017 Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins asked how the existing building received approval for a decreased number of parking spaces. Planning Manager Henschel stated the existing building was developed prior to the current parking space requirements. Council Member Mullins expressed concern of the City's M-1 zoning districts lacking industrial businesses. Council Member Goodgame expressed concern of the decreased number of parking spaces. Mayor Ash asked of prior parking space reduction approvals in the Clermont Commons center. Planning Manager Henschel stated a parking variance was approved within the development several years ago. Council Member Travis asked if the current building had parking issues. Mr. Bianchi stated the parking lot was rarely full. Council Member Mullins commented the request was for a 26 percent reduction of parking spaces. Council Member Travis inquired if the building size could be reduced. Mr. Bianchi stated a reduced building size would be too small for an internal medicine office. Council Member Goodgame asked of the proposed building setbacks. Planning Manager Henschel commented the proposed building meets all the City's setback requirements. Council Member Mullins suggested the project consider increasing the number of handicapped parking spaces. Council Member Bates moved for approval of the variance request; seconded by Council Member Travis. The motion passed with all members present voting aye. Item No. 15—Resolution No.2017-23—Heritage Hills, Table to July 25, 2017 Deputy City Clerk Noak read Resolution 2017-23 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 2016-09) for a Planned Unit Development to remove a condition requiring sidewalks along Hartwood Marsh Road., Council Member Mullins moved to table Resolution 2017-23 to July 25, 2017; seconded by Council Member Bates. The motion passed with all members present voting ave. 8 City of Clermont , MINUTES REGULAR COUNCIL MEETING June 27,2017 Item No. 16—Ordinance No. 2017-26—Introduction, Huber Deputy City Clerk Noak read Ordinance No. 2017-26 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the 15 foot unimproved right-of-way lying on the south and west sides of the follow described boundary. That part of Tract 61, lying westerly of Highway 27, Section 32, Township 22 South, Range 26 East, Lake Highlands Company, according to the plat thereof as recorded in PB 3, PG 24, of the Public Records of Lake County, Florida; less right of way for road; repealing all ordinances in conflict herewith, providing for severability,publication, recording, and for an effective date Council Member Mullins moved for introduction of Ordinance 2017-26; seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:23pm. APPROVED: Gail L. As a •r ATTEST: Tracy Ackroyd Howe,City Clerk • • • 9