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10-09-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 The City Council met in a regular meeting on Tuesday, October 9, 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 Travis,Bates,and Goodgame.Other City officials present were City Manager Gray,City Attorney Mantzaris,and City Clerk Howe. Council Member Brishke was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Chris Walker gave the invocation followed by the Pledge of Allegiance. PROCLAMATION City Clerk Howe read the National American Indian Heritage Month proclamation aloud. Mayor Ash presented the proclamation to Elizabeth Cole with the National Society Daughters of the American Revolution.Mrs. Cole thanked the Council and the City for their support. PRESENTATIONS Presentation of Gold Key to Olympian Churandy Martina City Manager Gray stated Churandy Martina represents the Netherlands at the Olympics but currently trains and is a homeowner in the City of Clermont. Special guest Rudy Monrose as well as Ben Castillo and Sharifa Basheer from Telecuracao were welcomed to the Council Meeting. Doris Bloodsworth provided the history of accomplishments of Mr.Martina as well as a video of a previous race. City Clerk Howe read the Churandy Martina proclamation aloud. Mayor Ash presented the key to the City and the proclamation to Mr.Martina. Mr.Martina thanked the Council and the City. PUBLIC COMMENTS Steve Hannah, 1251 Fran Mar Court, thanked the Council and staff for addressing his concern regarding recycle bins at Waterfront Park. Lake County Commissioner Sean Parks invited Council and residents to the Future For Transportation Summit at the Clermont City Center this Friday. The summit is about taking a long term look at transportation and regional connectivity as well as how the County is going to address autonomous vehicles. Today the Board of County Commissioners voted to start the South Lake Regional Park. Bill Delaney, 10312 Lake Minneola Shores,publisher of Water Resources Journal, commented he will be doing a story on Victory Pointe. Gregory Burden, 592 W. Minneola Avenue, requested Council reconsider the garage sale policy and submitted a petition. Dennis Allard, 1792 Nature Cove Lane, commended the City's sanitation crew for their efficiency and friendliness. Anne Ryan, 1600 Orangethorpe Lane,requested Council consider an ordinance requiring designated places for drones and helicopters. REPORTS City Manager Gray welcomed the new Communications Director Kathryn Deen. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 Communications Director Deen stated it is an honor to work for the City and provided a brief background of her experience. City Manager Gray requested Council to table Items No. 12, 13 and 14 to be tabled to October 23,2018. Item No. 12—Utility Service Agreement Council Member Bates moved to table Item No. 12 to October 23, 2018; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 13—Ordinance No.2018-35,Introduction, Olympus City Clerk Howe read Ordinance No. 2018-35 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 in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014; providing for an effective date, severability,recording,and publication. Council Member Bates moved to table Ordinance No. 2018-35 to October 23, 2018; seconded by Council Member Travis.The motion passed with all members present voting aye. Item No. 14—Ordinance No.2018-34, Transmittal, Olympus City Clerk Howe read Ordinance No. 2018-34 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 Bates moved to table Ordinance No. 2018-34 to October 23, 2018; seconded by Council Member Travis.The motion passed with all members present voting aye. City Attorney Mantzaris stated at the August 28, 2018 Council meeting, Council denied the Conditional Use Permit for 7-11 on Highway 50.The denial has drawn a Request For Relief under the Florida Statutes which grants an alternative review process where the property owner can appeal the decision made by the City Council.The Special Magistrate will hear the matter and make a recommendation to the City Council. The City Council will take the Special Magistrate's recommendation and will hear the matter again. Council Member Bates warned Hurricane Michael will be impacting Florida tomorrow. Council Member Goodgame—No report. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 Council Member Travis reported participating in the Gran Fondo on September 30. On October 2, she attended the National Night Out event.Yesterday,she attended a Tourist Development Council meeting at Mission Inn.The Tourist Development Council will be placing three free sunscreen dispensers in Clermont. The Tourist Development Council has several bids out for cornhole tournaments and hand gliding. Pear Park asked for expansion of pickle ball.The City of Minneola has agreed to donate property for bike repair or restrooms near Sugarloaf Mountain. At the next Council Meeting there will be an introduction for new scoreboards for PFX softball in the amount of$62,000. Mayor Ash reported on September 27, she attended the ribbon cutting for Windwoods Apartments. Later that day, she attended the Economic Development Through Workforce Housing Forum at the City Center. That evening she attended the Citizens Academy at City Hall.On September 30,she was at Victory Pointe for the start of Clermont's first Gran Fondo. On October 2, she was at Waterfront Park for the City's National Night Out which highlighted the relationship between police and the community. On October 4, she attended the second Citizens Academy at the Fire Department. On October 6, she was at Waterfront Park to welcome the runners for the first Domestic& Sexual Violence 5k Run. 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 August 28, 2018 Regular Council Meeting minutes and the September 20, 2018 Special Meeting minutes. Item No.2—Surplus Request Consider approval to declare end of life inventory as surplus from Fire Department, Environmental Service Department and Parks and Recreation Department and dispose of in accordance with the Purchasing Policy. Item No.3—Bid Award Consider awarding bid to Helping Hand Lawn Care, Inc. to provide mowing services to various departments in the annual budgeted amount of $127,380. Item No.4—Road Closure&Boat Ramp Closure Consider allowing Sommer Sports to close roads Request and boat ramp for their approved City sponsored event"The Great Floridian"on October 20,2018. Item No.5—Road Closure Request Consider allowing Sommer Sports to close roads for their approved event "Nightmare on the Clermont Trails"on Saturday,October 27,2018. Item No.6—Road Closure Request Consider approving Sommer Sports request to close roads for their approved event "Santa's Twilight 5K"on Saturday,December 15,2018. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 Item No.7—Road Closure&Open Container Consider allowing the Clermont Parks and Request Recreation Department to host their annual "Light Up Clermont" event in downtown Clermont with street closures and open container allowance. Item No.8—Employee Benefit Changes Consider approval of employee group medical and dental plan changes effective January 1, 2019. City Manager Gray clarified the Light Up Clermont event occurs on Friday,November 30 with the parade taking place on December 1. Council Member Goodgame moved to approve the Consent Agenda; seconded by Council Member Bates.This motion passed with all members present voting aye. The next two items were heard together and voted on separately. UNFINISHED BUSINESS Item No.9—Ordinance No.2018-27,Final, Density Bonus Affordable Housing City Clerk Howe 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. Item No. 10—Ordinance No.2018-30,Final, Density Affordable Housing City Clerk Howe 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. Economic Development Director Schmidt stated the lack of affordable housing in Clermont is making employment and recruitment difficult for employers. Rent is rising faster than wages causing a deficit of roughly 115,000 affordable housing units. A resident would have to make $60,000 a year to be able to afford a two-bedroom rental unit in Clermont. The proposed Ordinances would not be compulsory so a developer could still develop at the allowed maximum dwelling units per acre. City Manager Gray stated the proposed Ordinances is only one avenue to help with affordable housing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 Development Services Director Henschel presented staff's initiated Future Land Use text amendment to encourage affordable and mixed income housing opportunities where there may not otherwise be provided by the private market place. The proposed text amendment is to allow a higher density through a density bonus program for a specific number of affordable housing units to be included in the overall project or inclusionary housing. Inclusionary housing means that each residential development will include a set- aside,or portion of housing units that are designated as affordable.The number of bonus units will be pro- rated to the number of units offered for a specific income level. The proposed text amendment would provide an increase from 12 units per acre up to 25 units per acre in the Commercial and Master Planned Development Future Land Use Category. Comments from several State agencies were received with no objections indicated but with concerns expressed for traffic and school capacity. Staff recommended approval of the text amendment to change the density of Commercial and Master Planned Development Future Land Use Category.The Planning and Zoning Commission recommended approval. Mayor Ash opened the public hearing. Steve Hannah, 1251 Fran Mar Court,expressed support for the proposed ordinances. Steve Smith, 1423 Briarhaven Lane, expressed support for the proposed ordinances. Stephanie Harris,Lake Minneola Shores Drive,expressed support for the proposed ordinances. Geri Montetesta 151 Hatteras Drive,expressed support for the proposed ordinances. Alyson Johnson,525 W. Minneola Avenue,expressed support for the proposed ordinances. Mayor Ash closed the public hearing. Council Member Travis expressed support for affordable housing and expressed concern with no school planned in south Lake County for another five years. City Attorney Mantzaris clarified the Ordinance will not circumvent school concurrency.Every development which comes before the City for the added density bonus will have to go through school concurrency. Council Member Bates expressed concern with potential traffic. City Manager Gray clarified staff chose the areas of Wellness Way and Hook Street due to the network of roads available in these areas. Council Member Goodgame expressed concern for mixed income housing. Mayor Ash expressed concern for the homeless population in Clermont and stated this ordinance is a start towards a resolution for the homeless issue. Economic Development Director Schmidt stated staff explored the option to include payment in lieu within the Ordinance and for the City to place the funds towards more affordable housing options.However,Jamie Ross, Executive Director of the Affordable Housing Coalition, indicated an issue with many of the affordable housing projects which are receiving state and federal subsidiaries can roll over to market rate housing once the mortgages have been paid. Council Member Bates moved to approve Ordinance 2018-27; seconded by Council Member Travis.The motion passed with a 4 to 0 roll call vote. Council Member Bates moved to approve Ordinance 2018-30; seconded by Council Member Travis.The motion passed with a 4 to 0 roll call vote. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 NEW BUSINESS Item No. 11 —Resolution No.2018-27R, Citrus Tower Charter School City Clerk Howe read Resolution No. 2018-27R aloud by title only. A Resolution of the City Council of the City of Clermont,Lake County,Florida,granting a Conditional Use Permit to allow for a K-8 Charter School in the Lost Lake DRI Planned Unit Development Zoning District. Senior Planner Kruse presented the applicant's request for a Conditional Use Permit to construct a K-8 charter school on 5 acres at Steve's Road and Citrus Tower Boulevard.The applicant is proposing a single- story building,up to 42,000 square feet,with a maximum school capacity of up to 700 students.Based upon the latest conceptual site plan,the site will have one access point from Steve's Road and an emergency only access point from Citrus Tower Boulevard. The school does not provide any transportation and will be a parent drop-off and pickup only. The hours of operation will be from 6:00 AM to 6:00 PM with drop-off generally spanning from 6:30 AM to 8:00 AM.Parents will be assigned a pick-up window of time for their children based upon grade level and release time. The school will follow the traditional public school schedule and not be opened year round. The school will offer an afterschool program until 6:00 PM for working parents and will not be leased out on the weekends for other organizations or uses. The initial enrollment will be approximately 400 students with the addition of an upper grade level progressing yearly until the 700 student capacity is reached.The site can accommodate up to 116 vehicles in the stacking area. The applicant has indicated a school resource officer will be provided by the operator. To assist with operational issues at the school driveway, a traffic officer may aid with exiting from the school in the morning, if the need arises. An off-duty sheriff would be hired to perform this function. Lake Sumter Metropolitan Planning Organization indicated several areas of concern with the traffic and suggested performing the traffic counts when school is in session in September to get an accurate idea of the impacts. Staff has identified 3 schools within a half mile of the site and two additional schools within a mile of the site. Staff recommended denial of the request for a Conditional Use Permit. The Planning and Zoning Commission recommended denial of the request. Wade Boyette,Attorney for the applicant,stated the property was part of the Lost Lake Reserve DRI which allows for a school use.When the request went before the School Board,the site was referenced as a suitable site for a school. Representative Mark Dodd recommended the motion to approve the charter school and voted unanimously on this site. This is a school which will only be open seven to eight months in a year and will result in no added traffic over the summer. Traffic will only be impacted twice a day,but not on the weekends. Angel de la Portilla, consultant from Central Florida Strategies, stated Lake County School District approved the charter on this site in December.This parcel was vetted by the school district with the School Board voting unanimously for approval. There are 1,576 residential units approved or under construction in the surrounding area which will generate approximately 500 new students in Clermont. Lake County does not have any new schools programmed in the 5-year budget for Clermont and the surrounding area.A new K-8 school for 765 students would cost the taxpayers of Lake County over$22 Million in new school construction cost.The proposed charter school is offering a solution and will help solve the overcrowding at schools. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 James Taylor,P.E.,Transportation Consultant with Kimley-Horn&Associates,Inc.,provided information on the characteristics of charter schools. Charter schools have a hard capacity limit and cannot exceed 765 students. The charter school will have staggered drop-off and pick-up times. The new site plan has the capacity for 123 vehicles in the stacking area. Traffic Impact Analysis and the resulting conclusions and recommendations were reviewed. No transportation deficiencies were identified in the buildout condition as a result of the school traffic. Adequate vehicle stacking distance is proposed onsite to accommodate expected vehicles during peak operations. Turn lanes at the driveway are recommended for operations to separate the traffic on Steve's Road.An annual monitoring condition is proposed to address any operational issues that arise as enrollment increases. Lake Sumter Metropolitan Planning Organization and staff's reported concerns were each addressed. The charter school allows for flexibility with operations and has a hard cap on enrollment.Traffic Impact Analysis addressed staff concerns by showing no new deficiencies identified due to school impact,adequate stacking distance available onsite.Additional measures to address concerns are staggered start times,adding turn lanes,monitoring conditions,and contingency planning. T.J.Fish,T.J.Fish Planning and Development Consulting Services,provided history of the area.Applicant is offering to mitigate traffic impacts. Todd Lucas, Summit Construction Group, showed photographs of the site plan to Council. The traffic generated from the new school will be from reallocation of existing traffic and not new vehicles.No outdoor speakers on the property meaning there is no outside announcements. The applicant is providing fencing between the property and the homeowners to match the existing fencing as well as installing a landscape buffer.A right turn lane and minor expansion of Steve's Road will be done for the charter school. Mayor Ash recessed the meeting at 8:50pm. Mayor Ash reconvened at 9:02pm. Attorney Boyette clarified the staff report stated the request was for 700 students but the applicant would like to increase the request to 765 students. The applicant had two community meetings with the Homeowner's Association to hear their concerns. Mayor Ash opened the Public Hearing. The following expressed support for the Conditional Use Permit: Catherine Robinson, 17282 Old Tobacco Road Jason Imeidopf, 1589 Silhouette Drive Adam Zimmer, 10328 Madison Park Court Robert Imeidopf,2563 Squaw Creek Jodi Evans, 1613 Oak Hollow Road Jim Purvis,4206 Hammersmith Drive The following expressed opposition to the Conditional Use Permit: Ann Ryan, 1600 Orange Park Lane Marion Ringwood, 1808 Nature Cove Lane Dennis Allard, 1792 Nature Cove Lane Kimberly Hausuer,2438 Linkwood Avenue Mark Patterson,2470 Linkwood Avenue Danielle Page,2422 Linkwood Avenue Nathan Rausch,2434 Linkwood Avenue Mayor Ash closed the Public Hearing. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 Mr. Lucas stated the subject property is zoned for a school. The dumpsters can be relocated due to its proximity to a homeowner's backyard. Traffic will be from people reallocating from existing nearby schools.There are no exterior lights on the school.There will be no new deficiencies from the school being at this location. Council Member Bates disclosed he met with the applicant approximately two months ago to discuss the traffic and expressed support for the charter school. He inquired of the material used for the fencing along the adjacent neighborhood. Mr. Lucas clarified the added fencing will match the existing fence which is vinyl with hedging and large trees to create a canopy on site and agreed to move the dumpster site on the property. Council Member Travis disclosed she met with Attorney Boyette and the consultant to discuss overcrowding and expressed concern for the overcrowding of schools. Council Member Goodgame expressed support for more schools, but expressed concerns with traffic for the proposed site. Mayor Ash expressed concerns regarding funding and inquired about the amount of teachers and staff which will be employed at the charter school. Mr. Lucas replied there will be 35 to 40 staff members with 18 to 25 students per class based on the grade level. Council Member Bates inquired about student pick-up and drop-off.Mr. Lucas replied there is a proposed exit only opening onto Citrus Tower Boulevard from the site. Senior Planner Kruse clarified the additional exit only onto Citrus Tower Boulevard was not included in the material submitted. Attorney Mantzaris stated the Conditional Use Permit is only for the outline submitted with the exit only not being a part of the Conditional Use Permit. The applicant would have to return to Council to amend the Conditional Use Permit to allow for the exit onto Citrus Tower Boulevard. Council Member Bates moved to approve Resolution 2018-27R as amended with a 765 student maximum; seconded by Council Member Travis. The motion passed 3 to 1 with Council Member Goodgame opposed. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 9,2018 ADJOURN: With no further comments,this meeting adjourned at 9:59pm. APPROVED: / `'i I f Gail L.Ash,Ma,or ATTEST: Tracy Ackroyd Howe,City Clerk