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03-26-2019 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 The City Council met in a regular meeting on Tuesday, March 26, 2019 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 Carlos Aviles,Jr.gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Clermont Police Annual Awards Presentation Police Chief Broadway recognized and presented the Community Service Award to Officer Michelle Rogers and Officer David Colon. Robin Brown,provided an overview of Officer Colon's efforts and effects on the Lincoln Park community. Officer Colon knocked on doors during emergency weather conditions, helped with the cleaning of the neighborhoods as well as painting the neighborhood,helped elderly with taking out the trash,coordinated the collection and distribution of Christmas toys to the less fortunate and helped youth prepare and acquire jobs within the community.The Clermont and Lincoln Park community is a better place because of Officer Colon. Police Chief Broadway recognized and presented the Lifesaving Award to Officer Philip Pollen and Sergeant Jason Sayre,the Civilian of the Year Award to Laura Turk,the Supervisor of the year to Sergeant David Johnson,and the Officer of the Year Award to Officer Jeremiah Aviles. Mayor Ash congratulated the Clermont Police Department. Lake County Rowing Association Alison Strange stated the Spring Games are coming to a close with only a few more days of games with this Saturday being the last day. Ms. Strange stated she is the new President of Lake County Rowing Association. This month,the University of Oklahoma and the Danish national team are here in Clermont. Last year,five of the student athletes obtained a scholarship.Lake County Rowing Association has entered into a partnership with Nathan Benderson Park who hosts the Under 23 Championships in Sarasota. Lake County Rowing Association is excited to announce some of those teams for the Under 23 Championship will be coming to Clermont.They will know who qualified in May.The Clermont's Cardboard Boat Race will be taking place again this year. Council Member Goodgame stated teenagers around town are all happy to be here and are having a great time and commended Ms. Strange for doing a great job. Mayor Ash thanked Ms. Strange for all of her hard work. Ms. Strange thanked staff for their ideas to help grow the events and the collaboration. PUBLIC COMMENTS Marion Rignwood stated Judge Semento has denied the motion to rehear the case regarding the charter school Conditional Use Permit approval. The City does have the right to appeal the Judge's decision but respectfully requests the City not pursue the appeal process and rather take the time to reconsider the Conditional Use Permit process. Ms. Ringwood requested for the City to host a workshop with local Homeowner's Association to hear the Homeowner's Association's concerns for the City and commended City staff 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 Danielle Page expressed concern for pursuit of an appeal in regards to the charter school Conditional Use Permit.Ms. Page suggested reviewing and revising the City's Conditional Use Permit process in response to the Court's decision rather than pursuing the appeal process. Charlene Forth,955 W.Desoto Street,commended the Clermont's Police Department. REPORTS City Manager Gray reported the Youth Council traveled to Tallahassee yesterday afternoon and spent all day today in Tallahassee.The Youth Council will leave late tomorrow afternoon to return to the City.The Charter Review Committee held a meeting this morning and they will be sending out notice of a public meeting for public input in the near future. The Charter Review Committee is planning to have their recommendation to the Council in May. The code enforcement matter regarding Prince Edward Drive property has been satisfied. The lien has been paid and the property was completely cleaned up. Lastly, Chairman Leslie Campione of the Board of County Commissioners is present at tonight's Council Meeting. City Attorney Mantzaris stated a Closed Session Meeting will need to be on the April 9, 2019 agenda to discuss how the Council would like to proceed with the appeal process. There will be a court reporter present at the Closed Session Meeting. City Attorney Mantzaris requested Council give approval now to file a notice of appeal to avoid missing the time limit,and,if the Council decides not to move forward with the appeal during the Closed Session Meeting,the notice of appeal can be dismissed. Council Member Bates reported Lake County passed a new logo. Council Member Goodgame reported Clermont is in need for improvements on current roads and the building of new roads.He requested a workshop with representatives from Lake County to discuss progress on roads in Clermont. Council Member Brishke reported on Friday,February 22,she attended the Pop,Rock,and Doo Wop event at the City's Performing Arts Center. Council Member Travis reported on March 20,she was at Minneola City Hall for Cycling in South Lake sponsored by South Lake Chamber of Commerce. She requested to place the road safety concerns of East Avenue and Lake Minneola Drive on an upcoming agenda. Council Member Goodgame inquired about funding for Sugarloaf Mountain.Council Member Travis stated Lake County is repaving Sugarloaf and other rural roads. City Manager Gray thanked Lake County Commissioner Campione for her work on Sugarloaf. Mayor Ash reported on April 8, the Florida Department of Transportation will be holding a workshop at the City Center at 5:30pm.On March 13,she attended the Mayors and Managers meeting in Monte Verde. On the evening of March 14,she attended the next class of the Citizens Academy at the Clermont Historic Village. On March 16, she was at Victory Pointe for the 366 Summer Triathlon. Over 700 participants including Council Member Travis were at the triathlon. Following the triathlon,she went to Growlers for her monthly Coffee with the Mayor.The next Coffee with the Mayor will be held at the Root and Branch. After Coffee with the Mayor, she visited Legends Field for the Spring Games. The final games will be played on March 31.On March 21,she attended the meeting of the Homeless Task Force where discussion was held regarding the need of affordable housing in the area. Later that evening,she attended the Citizens Academy class held at the Environmental Services Department. Yesterday, she attended the monthly meeting of Lake Apopka Natural Gas District. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 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 March 12,2019 Council Meeting minutes. Item No.2—Surplus Request Consider declaring end of life inventory as surplus from Information Technology and Parks & Recreation Departments and dispose of in accordance with the Purchasing Policy. Item No.3—Bid Award Consider bid award to Killebrew, Inc. to replace existing failing sanitary sewer forecmain along Barbados Loop in the total budgeted amount of $132,788. Item No. 4—Bid Award Consider bid award to Ring Power, Inc. to provide a generator enclosure and fuel tank replacement to generator E6 in the total budgeted amount of$58,616.40. Item No. 5—Piggyback Purchase and Budget Consider request to piggyback the Sourcewell, Amendment Formerly National Joint Powers Alliance(NJPA) contract with Musco Sports Lighting, LLC to provide sports field LED lighting at Hancock Park in the amount of $309,847 and a budget amendment in the same amount. Item No.6—Resolution No.2019-1OR Consider resolution to amend the Fiscal Year 2019 Budget. Item No.7—Revised Mitigation Credit Purchase Consider Revised Mitigation Credit Purchase Agreement Agreement with Hammock Lake Mitigation Bank, LLC in the budgeted amount of $70,000 for Clermont boat ramp at Bell Ceramics. Council Member Bates moved to approve the Consent Agenda; seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.8—Resolution No.2019-OIR,South Lake Medical Arts, Pad 0 Deputy City Clerk Zinker read Resolution No. 2019-01R 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 No. 2016-42) to allow for an increase of total square feet for the professional office space. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 City Manager Gray stated the applicants for agenda items 8 and 9 has requested for them to be tabled to April 23,2019. Council Member Bates moved to table Resolution No. 2019-01R to April 23, 2019; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No.9—Variance Request,South Lake Medical Arts, Pad 0 Council Member Bates moved to table the variance request to April 23,2019;seconded by Council Member Goodgame.The motion passed with all members present voting aye. The following items were presented together and voted on separately. Item No. 10—Ordinance No.2019-07,Final, Fuqua Annexation Deputy City Clerk Zinker read Ordinance No.2019-07 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 contiguous to the present city boundaries; providing for an effective date,severability,recording,and publication. Item No. 11—Ordinance No.2019-08,Final, Fuqua CPA Deputy City Clerk Zinker read Ordinance No.2019-08 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. Item No. 12—Ordinance No.2019-09,Final, Fuqua PUD Deputy City Clerk Zinker read Ordinance No.2019-09 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 Kruse presented applicant's request for annexation, comprehensive plan amendment, and rezoning. The subject property has historically been used for agricultural purposes. The applicant is requesting City services for the subject property.The request to annex is an orderly and efficient transition of uses,with densities and intensities,which currently exist within the City of Clermont.Staff recommends approval of the annexation.The applicant is also requesting a Future Land Use change from Lake County's Urban Low Density which permits up to 4 dwelling units per acre to the City's Low Density Residential which permits up to 3 dwelling units per acre.Staff recommends approval of the large-scale comprehensive plan amendment. The applicant is also requesting a rezoning to a Planned Unit Development. The development will consist of up to 321 residential lots. The dwelling will be at a density of 2.8 dwelling units per acre.The developer will be dedicating approximately 7 acres of land for right-of-way use. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 The developer is also dedicating the majority of the right-of-way for the extension of Hancock Road south of Hartwood Marsh Road adjacent to the project. Staff recommends approval of Ordinance 2019-09 for a Planned Unit Development.The Planning and Zoning Commission recommended approval 5 to 0. John Florio,P.E.,Donald W. McIntosh Associates, Inc.,was present and available for questions. Council Member Goodgame disclosed he spoke with the applicant prior to the meeting. Mayor Ash opened the Public Hearing. Chris Jenkins,3424 Tumbling River Drive,expressed opposition to applicant's request. Mayor Ash closed the Public Hearing. Council Member Bates expressed traffic concerns.City Manager Gray replied Hancock Road will be a four lane road. The property to the east of the subject property has also dedicated some of the right-of-way heading into the Wellness Way area.The roadway network area for Wellness Way will return to Council. Currently staff is working with Lake County to widen Hartwood Marsh Road. The City partners with developers to build roads as the City and County does not have the funding to build the needed roads.The applicant is dedicating over 7 acres for the roads and will be building two of the lanes of the Hancock Road extension. Council Member Bates inquired about a workshop with the County representatives attending.City Manager Gray stated the matter will be brought to Council at a workshop. The City needs another North and South reliever.The Hartle Road extension off of Hartwood Marsh Road is starting with the Waterbrooke project. The City is looking at two more East-West connector roads. Council Member Travis expressed support for the developer to build the roadways. Council Member Bates inquired about Council Member Goodgame's meeting with the applicant.Council Member Goodgame stated the applicant is not planning on gating the community. Mayor Ash stated if Council refuses the project then the applicant will transmit to Lake County where a higher density would be allowed. The roads and acreage dedication came from the City's dealing with the applicant which the applicant would not have to provide if they go through the County. Council Member Brishke expressed concerns regarding timing of roadwork in relation to the construction of new developments. Mr. Florio stated the conditions of approval require improvements be made on Hancock Road and Hartwood Marsh Road. The road improvements must be started when the developer starts construction on Phase 1 of the development. However, the applicant wants to have the road work finished prior to the completion of Phase 1. City Manager Gray stated the applicant was one of the first developers to sit down with the City and offer to build the streets. It is important to plan and fund the City's road network. Mayor Ash expressed concern with traffic conditions on Hartwood Marsh Road and the amount of dump trucks traveling on the road. Council Member Bates inquired about timeframe for construction to begin. Mr. Florio stated once the project is approved the earliest construction will start is nine months to a year.The applicant will be building the perimeter roads at the same time the interior roads are being built. Council Member Goodgame moved to approve Ordinance 2019-07: seconded by Council Member Travis.The motion passed 5 to 0 on a roll call vote. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26, 2019 Council Member Goodgame moved to approve Ordinance 2019-08; seconded by Council Member Travis. The motion passed 5 to 0 on a roll call vote. Council Member Goodgame moved to approve Ordinance 2019-09; seconded by Council Member Travis.The motion passed 4 to 1 on a roll call vote with Council Member Brishke voting nay. Item No. 13—Ordinance No.2019-17,Final, City Parks Rezoning Deputy City Clerk Zinker read Ordinance No. 2019-17 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,an effective date,and publication. Planning Manager Kruse presented City's request to change the City's zoning map for Palatlakaha Park, Seminole Park, and Park of Indian Hills. The current zoning for the properties are R-1-A Single Family Low Density or R-1 Single Family Medium Density and the City is requesting to change the zoning to PR Parks and Recreation zoning district.Staff recommends approval of the rezoning request.The Planning and Zoning Commission recommended approval 7 to 0. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved for approval of Ordinance 2019-17; seconded by Council Member Travis.The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 14—Variance Request,647 Lake Avenue Development Services Director Henschel presented the applicant's request for a reduction of one parking space at 647 Lake Avenue. The applicant is requesting to use the existing structure as a mixed use development with a residential unit on the second floor and an art gallery for a local artist on the first floor of the building. The parking code requires 3 parking spaces in the Central Business District. Staff recommended approval of the variance request. Hope Barton,applicant,requested approval for her variance request. Council Member Bates inquired about business hours. Ms. Barton replied the business would be open during the day but does not plan on having children's classes. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired about what would happen should the request not be approved. Development Services Director Henschel stated a possible solution for the applicant could be to remove the trees on the property. Council Member Bates moved to approve the variance request; seconded by Council Member Travis.The motion passed 4 to 1 with Council Member Goodgame voting nay. Item No. 15—Variance Request,Lakeview Hills Development Services Director Henschel presented the variance request to allow for construction of a driveway less than five feet from the east side yard property line instead of the required five feet by the 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 Land Development Code.The requested driveway will not be out of character with the neighborhood and surrounding area. Staff recommended approval of the variance request. Nelson Fonseca,applicant,requested approval of his variance request. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates inquired about the layout of the property. Mr. Fonseca stated the driveway would back up to the side of the neighbor's house. Mayor Ash inquired about any difficulty placed on future fencing.Development Services Director Henschel stated a fence would still be able to be installed on the property line. Council Member Bates moved to approve the variance request; seconded by Council Member Travis.The motion passed with all members present voting aye. Item No. 16—Ordinance No.2019-21,Introduction,JJ's Waste&Recycling, LLC Deputy City Clerk Zinker read Ordinance No.2019-21 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the Code of Ordinances of the City of Clermont,granting a garbage collection franchise to JJ's Waste&Recycling,LLC providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Bates moved to introduce Ordinance No.2019-21;seconded by Council Member Goodgame.The motion passed with all members present voting ave. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2019 ADJOURN: With no further comments,this meeting adjourned at 8:16pm. APPROVED: tqp '�� '- t / �: Ga�I L. Ash, Mayor � • a` ATTEST: / Tracy Ackroyd Howe,City Clerk