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09-25-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 The City Council met in a regular meeting on Tuesday, September 25,2018 in the Clermont City Council Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Brishke,Travis, Bates, and Goodgame. Other City officials present were City Manager Gray,City Attorney Mantzaris,and Deputy City Clerk Zinker. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Miche Chicoye gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Deputy City Clerk Zinker read the Fire Prevention Week proclamation aloud. Mayor Ash presented the proclamation to Fire Marshal Pierce. Deputy City Clerk Zinker read the Childhood Cancer Awareness Month proclamation aloud. Mayor Ash presented the proclamation to Brandy DeOliveira. Ms. DeOliveira requested Council to approve downtown Clermont to light up gold for the month of September going forward. PRESENTATIONS Fire Department Fire Chief Bishop provided a brief background of the presentation to be given by the Fire Department. Fire Captain Sacco presented information regarding cardiac arrests and the efforts the Fire Department is taking to improve their statistics. Majority of the cardiac arrests happen at home, but survivability is the highest in public settings. Clermont's Fire Department is now nationally accredited. Fire Captain Sacco personally thanked the City for the devices and support they provide. City Manager Gray stated he asked staff to verify the Fire Department's statistics to ensure accuracy and thanked the Council for their ongoing support. Mayor Ash thanked staff and asked for all Fire Department staff to stand for the public to acknowledge them. PUBLIC COMMENTS Charlene Forth,939 W.Desoto Street,presented information in regards to South Lake Montessori School's previous code enforcement case and clarified accusations made against her regarding bullying of a local church. She provided a receipt to Council for a previous payment made in the amount of$5,000 to repaint the church. Mrs.Forth requested for her to be added on a future Council Agenda under presentations. Edward Bowman presented information regarding Clara's Law and his walk from Mount Dora to Tallahassee. REPORTS City Manager Gray reported on the first Youth Council meeting on September 19,2018 and was impressed by the Youth Council members.The Council is invited to attend any of the future Youth Council meetings. The next Citizens Academy starts this Thursday on September 27, 2018 in the Council Chambers at City Hall at 6:00pm. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 City Manager Gray stated there were a few changes to the agenda with Item No. 8 and Item No. 9 to be tabled to October 9,2018. Item No.8—Ordinance No.2018-27,Final Deputy City Clerk Zinker read Ordinance No. 2018-27 aloud by title only. An Ordinance of the City Council of the City of Clermont,Lake County,Florida,amending the Comprehensive Plan of the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Future Land Use Element of the Comprehensive Plan to amend the maximum density for the commercial and master planned development Future Land Use categories; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability,conflict and an effective date. Council Member Goodgame moved to table Ordinance No. 2018-27 to October 9, 2018; seconded by Council Member Bates.The motion passed with all members present voting aye. Item No.9—Ordinance No.2018-30,Final Deputy City Clerk Zinker read Ordinance No.2018-30 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 adding Section 122-358 Affordable Housing Density Bonus,under Chapter 122 Zoning;setting forth standards and regulations for the criteria for the density bonus; and providing for conflict, severability, codification and an effective date. Council Member Goodgame moved to table Ordinance No. 2018-30 to October 9, 2018; seconded by Council Member Bates.The motion passed with all members present voting aye. City Manager Gray reported Item No. 10 has been withdrawn.Also,Doris Bloodsworth is leaving the City at the end of the month with her replacement, Kathryn Deen, taking over as the new Communications Director. City Manager Gray thanked Ms.Bloodsworth for her work. City Attorney Mantzaris— No report. Council Member Bates stated National Night Out will be held on October 2 and reminded Council that Lake County League of Cities is holding their Sponsors Night on October 3 in Mount Dora.Florida League of Cities Executive Director,Mike Sittig,is retiring. Council Member Goodgame reported Steve Smith with New Beginnings will have their grand opening of their affordable housing development at Citrus Tower Boulevard on Thursday at 8:30am. Council Member Brishke reported she attended the Chamber of Commerce Breakfast last Friday. Council Member Travis reported the Gran Fondo on Sunday will be at Victory Pointe at 8:00am which will be the first big event at Victory Pointe. She attended the soft opening of the new brewery and expressed excitement for downtown's growth. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 Mayor Ash reported on September 13,she attended the meeting with the South Lake Homeless Task Force where the focus was the agenda for the upcoming Economic Development Through Workforce Housing Forum. On Septermber 14, she was at Summit Greens for the presentation by City Manager Gray and Economic Director Schmidt where they discussed details of the City's ongoing and future Master Plan. On September 15, she hosted Coffee with the Mayor at Yummi's on Montrose and handed out sheets of upcoming events and businesses. On September 17, she attended the promotional services for the police explorers. Later that day, she attended the grand opening of Suncreek Brewery where the owners complimented City Manager Gray and Economic Development Director Schmidt for their time and work. On September 19,she was at the first Youth Council meeting where local students get firsthand knowledge of their local government. The Youth Council will come together to develop a project for the community. On September 21,she attended the Chamber of Commerce Breakfast at the City Center.On September 22, she attended South Lake Little League season opening at Palatlakaha Park along with City Manager Gray and Police Chief Broadway.Yesterday,she attended the Lake Apopka Natural Gas District meeting where the focus was on the proposed 2019 budget. 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 September 6,2018 Special Meeting minutes. Item No.2—DEO Job Growth Fund Grant Consider request DEO Job Growth Grant Fund Application. Item No.3—Hurricane Irma Debris Removal and Consider approval of payment to Lake County for Monitoring Services Payment and Budget Hurricane Irma Debris Removal and Monitoring Amendment Services in the amount of$76,223.56 and a budget amendment in the same amount. Item No.4—Resolution No.2018-40R Consider authorizing the issuance of revenue City of Leesburg TEFRA bonds by the City of Leesburg in an amount not to exceed $10,000,000 to fund a loan to LifeStream Behavioral Center, Inc. for the financing and/or refinancing, acquisition, construction, and equipping of healthcare facilities and site improvements. Item No.5—Resolution No.2018-42R Consider Resolution requesting the School Board of Lake County honor Aurelia Cole by changing the name of Clermont Middle School to Aurelia McKinney Cole Academy. Council Member Brishke requested Item No.2 be pulled for discussion. Council Member Goodgame moved to approve Consent Agenda except for Item No. 2; seconded by Council Member Bates. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 Council Member Brishke inquired where the money is coming from for the local funding match. City Manager Gray clarified the money would not be coming from the City with the Developer paying the matching$4,000,000.The grant is to run utilities to Project Olympus. Council Member Brishke moved to approve Item No. 2; seconded by Council Member Bates.The motion passed with all members present voting aye. UNFINISHED BUSINESS The next two items were heard together and voted on separately. Item No.6—Ordinance No.2018-12,Final, 607&619 Lake Avenue Comprehensive Plan Amendment Deputy City Clerk Zinker read Ordinance No.2018-12 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. Senior Planner Kruse presented the applicant's request for a small-scale comprehensive plan amendment for property that is approximately.52+1-acres.This is a joint application that consists of two parcels.The owner has applied for Planned Unit Development zoning to allow three 50 by 100 feet single-family residential lots on the property.The applicant desires a change of the future land use to Downtown Mixed Use. The Downtown Mixed Use is adjacent to the property on two sides. Staff recommended approval. Planning and Zoning Commission recommended approval. Jayson Stringfellow, 1455 West Lakeshore Drive, stated there was not much to add to this ordinance,but would have more details under the next ordinance to be discussed. Mayor Ash opened the Public Hearing. Kevin McKenna,562 West Minneola Avenue,expressed opposition to the ordinance. Mayor Ash closed the Public Hearing. Mr.Stringfellow replied any future request to change the future land use of a property to Downtown Mixed Use would have to come back to the Council so this decision would not be setting a precedence. Council Member Bates inquired of commercial use. Council Member Travis inquired of the purpose of rezoning the property. City Manager Gray replied the City's Master Plan allows for more people to move downtown. The Planned Unit Development zoning is a zoning mechanism which allows for less than an acre residential homes and for no commercial use. The two related Ordinances which affect this request could not be heard together due to separate property owners. Senior Planner Kruse clarified in the Downtown Mixed Use there is no minimum area for a Planned Unit Development. 4 Council Member Bates expressed concern of changing both properties at the same time. Senior Planner Kruse replied the other property owner would have to return to Council for rezoning. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 City Attorney Mantzaris stated the Council could request the applicant to present both items before motioning. Item No.7—Ordinance No.2018-31,Final, 607 Lake Avenue PUD Rezoning Deputy City Clerk Zinker read Ordinance No. 2018-31 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,recording,and publication. Senior Planner Kruse presented the applicant's request for rezoning from R-3 Residential/Professional District to Planned Unit Development on a property that is approximately .345 +/- acres in size. The property had a residential structure that was removed in the past few years and the site will be redeveloped. The applicant originally sought a rezoning to the Central Business District however, with some concerns over the allowable permitted uses, the applicant requested a Planned Unit Development to provide assurance of only single-family residential uses would occur on the property.The applicant has updated the site plan and elevations based on concerns from the Planning and Zoning Commission. The front setback would be 12 feet and the side setback would be 5 feet.Staff experienced difficulty due to the small amount of lots compared to the usual request for a Planned Unit Development with no road construction or amenities. There were no documented issues with stormwater on Minneola Avenue in this area. However, the Planned Unit Development would require the applicant to acquire a permit for stormwater before moving forward. Staff recommended approval. The Planning and Zoning Commission recommended unanimous approval. Jayson Stringfellow, the applicant, clarified staff's difficulties were with regard to the small size of the request since it is not a larger development which Planned Unit Development is typically used for. The setbacks and square footage are to be consistent with the other surrounding properties. Mayor Ash opened the Public Hearing. Kevin McKenna, 562 West Minneola Avenue, expressed concern for stormwater for the surrounding properties and expressed opposition to the ordinances. Jack Kruse, 538 Lake Avenue,expressed opposition to the ordinances. Alyson Johnson,525 West Minneola Avenue,expressed opposition to the ordinances. Mayor Ash closed the Public Hearing. Jayson Stringfellow presented images of properties on the same street of the subject property.The proposed designs and size fits with what is in the neighborhood. The last application was pulled in order to address concerns of the residents. Mayor Ash expressed concern for the size of the proposed lots. Mr. Stringfellow replied each house would have roughly 7 feet from the driveway and the next house over to provide separation. Mayor Ash inquired about the property behind the subject property.Mr. Stringfellow stated there is a shed and a quadraplex. Council Member Travis requested clarification for the reason to rezone the subject property.City Manager Gray clarified the rezoning would affect the number of lots allowed on the property. Senior Planner Kruse 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 stated the current zoning would only allow for two units. The Planned Unit Development would forbid commercial use on the subject property and is used to install conditions. Mayor Ash questioned if the surrounding properties were all residential. Senior Planner Kruse stated the surrounding property is all residential with a part of a property close by owned by a church. City Attorney Mantzaris commented the Council's decision could affect what happens elsewhere in the neighborhood. Council Member Travis inquired if another quadraplex could go on the property. Senior Planner Kruse replied only two single family homes or a duplex would be allowed. Council Member Goodgame moved to deny Item No. 6; seconded by Council Member Brishke. The motion passed 3 to 2 on a roll call vote with Council Member Bates and Mayor Ash voting nay. Item No. 10—Ordinance No.2018-29,Final, Overlay District Withdrawn. Item No. 11 —Ordinance No.2018-32,Final, Police Pension Deputy City Clerk Zinker read Ordinance No. 2018-32 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 Van Zile presented Ordinance No. 2018-32 which is proposed to amend the shared plan portion of the Police Officers Retirement Plan. As the share plan was implemented, issues arose which needed clarification. This Ordinance clarifies that future Chapter 185 excess amounts will be credited to participants in the share plan based on equal shares.The Ordinance also clarifies expenses,gains,and losses will be credited to the shared account based on the returns and forfeitures will be credited based on equal shares.Police Officers Pension Board's recommendation is for approval. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved for approval of Ordinance No. 2018-32; seconded by Council Member Travis.The motion passed with a 5-0 roll call vote. Item No. 12—Ordinance No. 2018-33,Final, Fire Pension Deputy City Clerk Zinker read Ordinance No. 2018-33 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. Finance Director Van Zile stated Ordinance No.2018-33 proposes the same amendments to the shared plan as Ordinance 2018-32,but for the Firefighters Officers Retirement Plan. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 Council Member Bates moved for approval of Ordinance No. 2018-33; seconded by Council Member Goodgame.The motion passed with a 5-0 roll call vote. NEW BUSINESS The next three items were heard together and voted on separately. Item No. 13—Variance Request,South Lake Hospital Item No. 14—Variance Request,South Lake Hospital Item No. 15—Variance Request,South Lake Hospital Senior Planner Kruse presented the applicant's variance request to allow a zero lot line setback. The buildings are located at 1925 Hospital View Way, 1950 Hospital View Way,and 1970 Hospital View Way and are already constricted as a portion of the South Lake Hospital Campus. The site was developed according to City Code with the required number of parking spaces, external landscaping and other code requirements.The applicants are not requesting any building alterations or additions.These requests are to allow the buildings to be sold and then owned by another party other than the hospital, but have the surrounding area be controlled and operated by the hospital. The existing visual impact would stay the same, but the building would be owned differently. Staff recommended approval of all of the variance requests. Christopher Germana, Germana Engineering, clarified the doctors would like to purchase the properties from the hospital with the hospital maintaining the property.The doctors currently have a land lease for the houses. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Goodgame expressed concern regarding the owner of the hospital and the future care of the site. Council Member Bates inquired about the landscaping. Mr. Germana replied the hospital would take care of the landscaping for the properties. Council Member Bates moved to approve Item No. 13; seconded by Council Member Brishke.The motion passed with Council Member Goodgame voting nay. Council Member Bates moved to approve Item No. 14; seconded by Council Member Brishke.The motion passed with Council Member Goodgame voting nay. Council Member Bates moved to approve Item No. 15; seconded by Council Member Brishke.The motion passed with Council Member Goodgame voting nay. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2018 ADJOURN: With no further comments,this meeting adjourned at 8:24pm. APPROVED: y > Gail L.Ash,Mayo ATTEST: Tracy Ackroyd Howe,City Clerk y''^ .