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04-23-2019 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2019 The City Council met in a regular meeting on Tuesday, April 23, 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, and Goodgame. Other City officials present were City Manager Gray, City Attorney Mantzaris,and City Clerk Howe. Council Member Bates was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Chris Walker,Cathedral of Power,gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Howe read the Drinking Water Week proclamation aloud. Mayor Ash presented the proclamation to Environmental Services Director Westrick. PRESENTATIONS Drop Savers Poster Contest Winners Environmental Services Office Manager Wooding presented the winners of the Drop Savers Poster Contest. Second and Third Grade winners: First place-Delany Davidson,Cypress Ridge Second place-Kyran McNealy,Clermont Elementary Third place-Crystal De La Cruz,Clermont Elementary Honorable Mention-Elijah Mathews,South Lake Imagine Charter Honorable Mention-Danny Fagandez,Cypress Ridge Elementary Fourth and Fifth Grade winners: First place-Meila Parke,Cypress Ridge Elementary Second place-Alicia Brown,Clermont Elementary Third place-Elizabeth Yang,Clermont Elementary Honorable Mention—Grace Yang,Clermont Elementary Honorable Mention—Maya Rangel,Clermont Elementary Cypress Ridge Elementary School Assistant Principal Nicole Brouhard was present to accept the awards on behalf of the students from Cypress Ridge Elementary. PUBLIC COMMENTS Pat Caracciolo,9112 Laws Road,thanked the Council for their support of Pig on the Pond.A total of four $10,000 scholarships were given out this year due to the event. REPORTS City Manager Gray reported Council Member Bates is absent from tonight's Council Meeting due to his daughter's awards ceremony. The Charter Review Committee wrapped up their work and formalized recommendations to present to Council next month. The City received the Excellence Award for Victory Pointe from Florida Stormwater Association.There will be a Council Workshop on May 9,2019 at 6:30pm. There are two changes to the agenda tonight.The applicant for Agenda Item No.9 is requesting the item to be postponed to May 28,2019 and Agenda Item No. 10 has been withdrawn. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2019 Item No.9—Resolution No.2019-01R,South Lake Medical Arts, Pad 0, City Clerk Howe read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. Council Member Goodgame moved to table Resolution No. 2019-01R to May 28, 2019 seconded by Council Member Travis.The motion passed with all members present voting aye. City Attorney Mantzaris reported the Council Members' annual Ethics and Government training requirement is due soon. The Florida League of Cities has scheduled events over the next couple of months which the Council can attend or the City Attorney's office can provide a private presentation for the Council if scheduling allows.The course must be completed by July 1,2019. The Council expressed a general consensus for one four-hour session to fulfill the State requirement. Council Member Goodgame—No report. Council Member Brishke reported on April 10, she attended the South Lake Business Awards with City Manager Gray,Mayor Ash and Council Member Travis. On April 11, she attended the Citizens Academy at the Public Works facility. On April 16, she attended the Tip a Cop fundraiser for the Special Olympics at Outback Steakhouse. Council Member Travis reminded everyone the annual Ride of Silence is scheduled for May 15 at 7:00pm at Waterfront Park. The City of Clermont is being honored by the CEO of Ride of Silence. On April 18, she attended the South Lake Metropolitan Planning Organization task force in Groveland. The City of Groveland is pushing realignment of State Road 50 which will help the City of Clermont with the Coast to Coast Trail alignment. Hartwood Marsh Road four lane expansion is number 13 on the list for the South Lake Metropolitan Planning Organization.Then she attended Earth Day where Environmental Services and Parks and Recreation did a fantastic job. On April 22, she went to the Tourism Development Committee meeting where money for the City's boat ramp was discussed.The City asked for$750,000 and the Tourism Development Committee awarded the City$248,000. City Manager Gray will ask the County Commission for additional funding for the City's boat ramp.City Manager Gray stated the County Commission meeting is scheduled for May 21,2019.Council Member Travis urged citizens to voice their opinion at the County Commission Meeting. Mayor Ash reported on April 10, she attended the South Lake Chamber of Commerce Awards Dinner at Bella Collina.On April 12,she visited Fashion Labels to select clothing for the Women for Hospice fashion show occurring the next day at Mission Inn. On April 15, she and City Manager Gray met with restaurant owners to discuss future business in Clermont.On April 18,she attended the Citizens Academy class at the Police Department. On April 20, she was at Root and Branch Restaurant for Coffee with the Mayor discussing overcrowding of schools. On April 22, she attended the Lake Apopka Natural Gas District Board meeting where the financial report was presented.The gas district received the Heritage Award for 25 years of service to the community. 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 April 23,2019 Item No. I —Meeting Minutes Consider approval of the April 9, 2019 Council Meeting minutes. Item No.2—Contract Award Consider request to piggyback the Seminole County B.C.C. contract with R & M Service Solutions, LLC to provide hydrant and valve installation, repair, and maintenance services in the estimated budgeted amount of$150,000. Item No. 3—Contract Award Consider agreements with Booth,Erin,Straughan & Hiott, Inc. (BESH engineering) for detailed engineering, specifications and construction administration services related to the CDBG grant funded project in the budgeted amount of $142,730. Item No.4—Event and Open Container Request Consider allowing open containers in the requested area for the City of Clermont's 4th of July event at Waterfront Park. Item No. 5—Event and Road Closure Request Consider Mega Food Truck event with road closures on June 22,2019. Item No. 6—Event and Open Container Request Consider allowing the Latin American Motorcycle Association(LAMA)to have an open container area for event on June 22, 2019 at Waterfront Park. Item No. 7—Event,Open Container,and Road Consider Clermont's Sips&Salsa cultural event Closure Request co-hosted by the South Lake Chamber in Downtown Clermont on September 14, 2019 allowing for open container and street closure. Item No. 8—Event,Open Container,and Road Consider allowing the Clermont Parks & Closure Request Recreation Department to host the annual "Light Up Clermont"event in downtown Clermont with street closures and open container allowance. Council Member Goodgame moved to approve the Consent Agenda;seconded by Council Member Travis. The motion passed with all members present voting aye. NEW BUSINESS Item No. 11—Resolution No.2019-11R,Abels Academy City Clerk Howe read Resolution No.2019-11R 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 private school in the Planned Unit Development zoning district. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2019 Development Services Director Henschel presented the applicant's request for a Conditional Use Permit to allow for a private school facility. The applicant would like to construct a 9,100 square foot building for a private school on the 1.12 acre parcel.The private school is a center that provides educational and life skills training for autistic children. Staff has reviewed the application and recommended approval of the Conditional Use Permit to allow the private school facility. Planning and Zoning Commission voted unanimously for approval. Joe Zagame,Jr.,230 Mohawk Road,owner of the property,expressed support for the proposed use of the subject property. Terri Howard,Owner of Abels Academy, stated she was available for questions and reviewed the history of Abels Academy as well as the services provided. Mayor Ash opened the Public Hearing. Paul Dawson, 16635 Caravaggio Loop,Montverde,expressed support for the Conditional Use Permit. Greg O'Connor,4439 Harts Cove Way,expressed support for the Conditional Use Permit. Letitia Pelling, 12925 Brown Bark Trail,expressed support for the Conditional Use Permit. Kathryn Seufert,808 Rosemist Court,Ocoee,expressed support for the Conditional Use Permit. Jim Purvis, 4206 Hammersmith Drive, expressed concern with traffic and a lack of a recreation area. Development Services Director Henschel replied a playground will be installed onsite in place of some of the illustrated parking as not all of the parking is needed. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired about funding.Ms.Howard stated funding for the school comes from private insurance,scholarships and parents who self-pay. Council Member Goodgame asked if the school is a 501(cx3)organization.Ms.Howard stated the school is not a 501(cx3)due to being unfamiliar with the process.A non-profit was started in order to raise money for additional funding so children could receive services which they may need. Council Member Goodgame expressed support for an eight-foot fence for additional safety.City Manager Gray stated a six-foot fence is required by code whereas an eight-foot fence would require a variance. Council Member Brishke inquired about the current facility.Ms.Howard stated the current facility is 9,000 square foot which is split into two 4,500 square foot buildings. However, the current facility was office space renovated to fit the school whereas the new school will be designed to be a more functional and efficient space. Council Member Travis inquired about financial stability. Ms. Howard stated the financing for the construction is already in place and waiting on the Conditional Use Permit to move forward. Council Member Travis inquired about ownership of the property. Ms. Howard stated Mr. Zagame owns the property not the school. Mr.Zagame stated he is building the site and is leasing it to Abels Academy. Council Member Goodgame moved to approve Resolution No. 2019-11R; seconded by Council Member Travis.The motion passed with all members present voting aye. 4 • City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2019 Item No. 12—Variance Request,Colvin Development Services Director Henschel presented applicant's variance request for a front yard setback less than 25 feet and for a side yard setback less than 7.5 feet. The property zoning is R-1, Single Family Medium Density Residential and the lot size is approximately 100' x 133' with an existing single family structure built in 1925 prior to the adoption of the zoning codes. The owner is requesting the variance to allow for construction of a 22' x 30' detached two car garage with the garage doors facing the interior of the lot. Bill Colvin, 1243 Lake Avenue,the applicant,stated the variances is to allow the project to be closer to the street which would keep it aligned with the house and would maintain the primary entrance of the house to remain the same. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired about the deficiencies. Development Services Director Henschel indicated the requested setbacks on the maps. Council Member Travis inquired as to what is behind the garage.Mr.Colvin stated there is a shrub tree line separating the property to the south. Council Member Travis moved to approve the variance request; seconded by Council Member Brishke.The motion passed with all members present voting aye. Item No. 13—Joint Planning Area Review Development Services Director Henschel presented Lake County Board of County Commissioners'request for the City Council's comments regarding the 45-acre residential home development located on the north side of Hartwood Marsh Road.The applicant has proposed a residential development which will consist of 102 single family homes not to exceed 2.3 dwelling units per acre.Approval of the subject property would include rezoning from Lake County Agriculture Zoning to Lake County Planned Unit Development. The subject property is within the Lake County Wellness Way Area Plan and is located within the Clermont Joint Planning Area and ISBA. Staff has identified items within the Planned Unit Development that do not meet the Joint Planning Area requirements such as lot sizes. Staff's concern is the current performance of Hartwood Marsh Road.The City must consider the quality of place,character and context of development in relation to area assets,transportation access,educational institutions and environment.Staff believes the proposed sites lacks these components and is concerned with the accessibility of the development itself. Staff is requesting comments and recommendations for this project and will forward the comments to the Lake County Board of County Commissioners. Tom Daly,Daly Design Group,913 N.Pennsylvania Avenue, Winter Park,representative of the applicant, distributed his presentation to the Council. The subject property is a part of the Wellness Way area and includes vacant land. Council Member Travis inquired about acreage. Mr. Daly replied the applicant would have to ask for a waiver in regards to acreage. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2019 Mr.Daly stated the property would have to have a non-residential component as part of Wellness Way.An application was made three years ago, to amend the Future Land Use and zoning on the property. The Planning and Zoning Committee voted to deny the request and the application was withdrawn due to the lack of extension of the utilities.The applicant moved forward with the application with the County in the fall however,he did not want traffic on Flynn Court.A community meeting was held in November of last year with the citizens who live near the subject property. In an effort to remain consistent with the residents on Flynn Court there will be two five-acre platted lots along Flynn Court and the remainder on the back side would only have access through the Lakeview Preserve Property. The inclusion of the two five-acre lots eliminates cross access to Flynn Court. The City of Clermont will provide water and sewer and the subject property would have no commercial or access to Flynn Court or Champagne Drive. Funding for Hartle Road is in the County's five-year plan. By 2023,the road will be completed to Lost Lake Road and the funding as well as the design will be in place to continue the road to Hartwood Marsh Road. Mr.Daly reviewed the development timeline and compared it with the timeline for Hartle Road improvements. The timing of the proposed project coincides with the timing of public infrastructure. The proposed project is consistent with the neighboring properties which were approved by the City Council last year. Mayor Ash opened the Public Hearing. Yanette Moyano, 11715 Flynn Court,expressed concern with traffic and opposition to the request. Dennis Flynn, 11631 Flynn Court,expressed opposition to the request. Susan Yawn, 17921 Hartwood Marsh Road,expressed opposition to the request. Brandt Myers, 11710 Sadler Court,expressed opposition to the request. Jackie Polk, 11545 Sadler Court,expressed opposition to the request. Frank Fernandez, 11715 Flynn Court,expressed opposition to the request. Michelle Pines,550 East Avenue,expressed opposition to the request and concern for county funding. Mike Kennedy, 17749 Champagne Drive,expressed opposition to the request. Bill Delaney, 10312 Lake Minneola Shores,expressed opposition to the request. Mayor Ash closed the public hearing. City Manager Gray stated the applicant has submitted to Lake County a land use change and was denied through Planning and Zoning in the County.Then the applicant went to the Board of County Commissioners and it was postponed to May 21 in order to have the City provide comments as part of the Joint Planning Area. Council Member Goodgame inquired about the completion of County Road 455.City Manager Gray stated the completion of County Road 455 is set in the five-year plan for Lake County. Council Member Travis stated the completion is projected for year 2023. Mayor Ash expressed concern with the projected completion date. Council Member Travis expressed concern for the capacity at Fire Station Number 2 and inquired about access. Mr. Daly stated the park is owned by Lake County Water Authority along with a 70-foot access track.There are easements provided to the surrounding properties which date back to the 1950's. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2019 Mayor Ash expressed concern for traffic impact from the proposed development. Council Member Goodgame expressed concern for adding traffic. Council Member Goodgame moved to recommend denial; seconded by Council Member Brishke. The motion passed with all members present voting aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2019 ADJOURN: With no further comments,this meeting adjourned at 8:38 pm. APPROVED: Ahe-61 ;14W1_ Gail L. Ash, Mayor ATTEST: • 1 Tracy Ackroyd Howe, City Clerk • Y • ,dEcv.,,r� �Ei1M14?'y,