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10-23-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2018 The City Council met in a regular meeting on Tuesday, October 23, 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 Rick Van Wagner gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Deputy City Clerk Zinker read the Family Christian Center 25 Years of Service proclamation aloud. Mayor Ash presented the proclamation to Rick Van Wagner with the Family Christian Center. PRESENTATIONS Florida Festival and Events Association Award Suzanne Neve,CEO of Florida Festival and Events Association,thanked the Council and congratulated the City for creating a sense of community through live events. The Florida Festival and Events Association celebrates accomplishments annually of their members through the Sensational Awards Program.The City of Clermont received first place promotional item for the Earth Day Celebration,second place promotional mailer for Light Up Clermont,and third place promotional poster for Clermont's Cycle and Seek. Mayor Ash congratulated staff. PUBLIC COMMENTS Marc Dodd, Lake County School Board, 10512 Via Como Court, reviewed concerns mentioned in the School Board's letter to Council regarding the presentation for the Citrus Tower Boulevard charter school Conditional Use Permit stating the applicants of this request made several factual errors. Council Member Brishke inquired if Council could revisit the Conditional Use Permit. City Attorney Mantzaris stated there is not an option for the Council to rehear the matter at this time. The approval was for a Conditional Use permit and was not an approval of a school. The Conditional Use Permit process is a zoning related process with no process for a rehearing in effect. Council Member Goodgame expressed concern for wrong information presented to Council.City Attorney Mantzaris clarified any City resident has the right to appeal the decision,but the Council should not discuss the item at this point as the subject is not properly before the Council. Danielle Page,2422 Linkwood Avenue,expressed opposition to the Council's prior decision regarding the Citrus Tower Conditional Use Permit.Ms.Page stated she was informed the Council could rehear the matter if there was a procedural error and expressed concern of violation by the applicant of advertisement requirements. City Attorney Mantzaris replied the change requested by the applicant came up at the previous meeting which does not make it a procedural issue or violation of the advertisement requirements. Ms. Page expressed concern with public reviews of the applicant. City Attorney Mantzaris clarified that there are options available for those who disagree with the Council's prior decision,but the Council should not be rehearing matters now that were previously held. Marion Ringwood, 1808 Nature Cove Lane,expressed opposition to the decision made regarding the Citrus Tower Boulevard charter school Conditional Use Permit and the comments made by the Council Members. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2018 Bob Yarnall, 1375 Misty Glen Lane, provided pictures to the Council and expressed concerns with the conditions of Legends Golf Course.City Attorney Mantzaris stated the matter is scheduled to go before the Special Magistrate. Vance Jochim, 12619 Milwalkee Avenue, Tavares, recommended for the City to stream future Council meetings and expressed concern of the decision made by Council regarding the Citrus Tower Boulevard charter school. Charlene Forth, 939 W. Desoto Street, stated she sent a letter on September 21, 2018 requesting to be on the agenda and that she was denied. Mayor Ash convened the meeting at 7:05pm. Mayor Ash reconvened the meeting at 7:10pm. Mrs.Forth inquired as to whom instructed her not to be listed on the agenda.Council Member Travis asked the requested topic. Mrs. Forth expressed concern regarding the conduct of Council. REPORTS City Manager Gray—No report. City Attorney Mantzaris— No report. Council Member Bates personally thanked Rick Van Wagner and his family. Council Member Goodgame commented on the"Snack in a Sack"program and thanked Rick Van Wagner. Council Member Brishke—No report. Council Member Travis reported she competed in the Great Floridian on Saturday and thanked the Police Department for their efforts. Mayor Ash reported on October 11, she visited Lost Lake Elementary school to speak on the role of the Mayor. Today she received thank you cards from the kids in the classes. That night, she attended the Citizens Academy at City Hall.On October 12,she attended the Transportation Summit at the City Center. Later that evening, she attended the ribbon cutting of the Amish Pretzel Shop. Later that evening, she attended a meeting at the Colonies Club at Kings Ridge to discuss the latest businesses in Clermont. On October 15,she attended the Thrive sponsored Teen Summit at the Arts and Recreation Center.On October 16, she met with a previous City resident at City Hall who has now moved back to the City. On October 17, she attended the VIP opening of Home to Suites which will be great for athletes training in Clermont. The next morning, she met with the Homeless Task Force at the City Center to discuss the opening of the Woodwinds Apartments. On October 20, she was at Victory Pointe for the start of the Great Floridian Triathlon.Later that morning,she held Coffee with the Mayor at the Suncreek Brewery.Later that day,she attended the banquet for the Carribbean American Association of Lake County at Gabby's Hall.Yesterday, she attended the monthly Lake Apopka Natural Gas District meeting where the focus was on the final fiscal year 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2018 Item No. 1—Piggyback Contract Consider request to piggyback the Florida Sherriff's Association contract number FSA 18- VEL26.0 with Duval Ford Fleet Sales and AutoNation to purchase vehicles in the budgeted amount of$301,709 Item No. 2—Piggyback Contract Consider request to piggyback the Florida Sheriffs Association contract number FSA18VEL16.0 with Container Systems & Equipment Company, Inc. and TruckMax,Inc.to purchase two(2)side-loader trucks and one (1) flatbed truck with rail and lift gate in the budgeted amount of$694,006.94 Item No.3—Piggyback Contract Consider request to piggyback the Lee County B.C.C. contract with Asphalt Paving Systems, Inc. to provide alternative paving services in the annual estimated budgeted amount of$600,000. Item No.4—Collective Bargaining Agreement Consider agreement with the International Union of Police Associations, AFLCIO Clermont Police Officers Local 6013 and Sergeants Local 6014. Item No.5—Resolution No.2018-43R Consider approval of First Amendment to the 2014 Girls and Boys Club Facility Use and License Agreement with the Boys and Girls Club of Lake and Sumter Counties. Item No.6—Resolution No.2018-44R Consider the Inter-Local Agreement for Cooper Cooper Memorial Library Memorial Library Funding in the Budgeted amount of$76,920. Item No.7—Resolution No.2018-46R Consider Resolution to amend the Employment Employment Policies Manual Policies Manual. Item No.8—Resolution No.2018-47R Consider Resolution establishing procedural Conduct of Proceedings guidelines/rules and procedures to govern conduct of proceedings pursuant to Florida Statues, Section 70.51. Council Member Goodgame moved to approve the Consent Agenda;seconded by Council Member Bates.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.9—Ordinance No.2018-35,Introduction, Olympus Deputy City Clerk Zinker 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. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2018 Council Member Bates moved to introduce Ordinance No. 2018-35; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 10—Ordinance No.2018-34, Transmittal, Olympus Deputy City Clerk Zinker 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. Development Services Director Henschel presented the applicant's request for an amendment to the Future Land Use Map of the City of Clermont Comprehensive Plan. This amendment application is associated with an annexation and an initial zoning application that have been filed with the City. The applicant is requesting the City to designate the property with a future land use category as Master Planned Development. The subject site is 247.37 gross acres in size. The current Future Land Use designation in unincorporated Lake County is Wellness Way Area Plan Town Center and Wellness Way Area Plan 1. Staff recommended approval. City Manager Gray clarified the Council is currently only voting to transmit the Ordinance to the State with the Ordinance returning to Council for discussion and final voting in December of this year. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved to approve the transmittal of Ordinance No. 2018-34, seconded by Council Member Brishke.The motion passed with all members present voting aye. NEW BUSINESS Item No. 11 —Resolution No.2018-41R,Hunt Street Deputy City Clerk Zinker read Resolution No. 2018-41 R 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 structure occupying more than 5,000 square feet of floor space in the C-1 Light Commercial Zoning District. Development Services Director Henschel presented the applicant's request for a Conditional Use Permit to allow for a mixed use commercial office building over 5,000 square feet in the C-1 Light Commercial zoning district. The applicant's proposal is for an 11,333 square foot mixed use commercial development with office and retail uses. Currently there are two existing buildings on site that will be removed to allow room for the new development.The site is located on the south side of Highway 50 and on the west side of Citrus Tower Boulevard. The applicant has submitted and received from the Lake-Sumter Metropolitan Planning Organization an exemption from doing a full tier 1 Traffic Impact Analysis based on the land use change that is estimated to generate approximately 279 daily trips and 29 PM peak hour trips. The development concept plan as submitted will not require any variances to the Land Development Code.Staff recommended approval of the Conditional Use Permit. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2018 David Klutz,Project Engineer, stated he was available to answer any questions. Mayor Ash opened the Public Hearing. There were no comments.Mayor Ash closed the Public Hearing. Council Member Goodgame inquired of any interest in connecting the subject property to the surrounding properties.Mr. Klutz replied there is not currently any plans to do so but will consider the option. Council Member Bates moved to approve Resolution No.2018-41R;seconded by Council Member Brishke. The motion passed with all members present voting aye. Item No. 12—Variance Request, Chick-Fil-A Development Services Director Henschel presented applicant's request for a reduction of the required 30 foot special setback for an accessory structure canopy. The current request is a 15 foot setback rather than the required 30 foot setback for the proposed canopy. Staff recommended approval of the variance request. Bill Pfeffer,Engineer with Bowman Consulting, stated he was available to answer any questions. Mayor Ash opened the Public Hearing. Karen Heart,3102 Anguilla Drive,expressed concern with the appearance of the proposed canopy. Mayor Ash closed the Public Hearing. Mayor Ash inquired about the landscape buffer on the subject property. Development Services Director Henschel replied a 10 foot landscape buffer will be required with a five foot distance between the canopy and the landscape buffer. Council Member Goodgame moved to approve the variance request;seconded by Council Member Bates.The motion passed with all members present voting aye. Item No. 13—Ordinance No.2018-38,Police Officer Retirement Plan Deputy City Clerk Zinker read Ordinance No. 2018-38 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 Bates moved to introduce Ordinance No. 2018-38; seconded by Council Member Goodgame.The motion passed with all members voting aye. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 23,2018 ADJOURN: With no further comments,this meeting adjourned at 7:43pm. APPROVED: -14atii- "Gail L. Ash,Mayor ATTEST: jCl2W /14A--- Tracy Ackroyd Howe,City Clerk