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06-11-2019 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 The City Council met in a regular meeting on Tuesday, June 11, 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,Bates and Goodgame.Other City officials present were Assistant City Manager Kinzler,City Attorney Mantzaris,and Deputy City Clerk Zinker. Council Member Travis was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Carlos Aviles,Jr.with Calvary Chapel Clermont gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Deputy City Clerk Zinker read the Election proclamation aloud. PRESENTATIONS Parks and Recreation Parks and Recreation Director Davidoff provided an update of the Parks and Recreation Department in regards to the Clermont Performing Arts Center,Champions For A Lifetime,recreation programs,Clermont City Center, special events, and increased usage of the Arts & Recreation Center. This season is titled Impressions in Time with Tony Danza as the headliner. Since noon today, there were already over 200 tickets sold for the upcoming season. Since October 1, there have been over 5,500 participants in the Champions For A Lifetime program. Mayor Ash thanked the staff for their work and effort. Council Member Bates inquired about the Boys & Girls Club. Parks and Recreation Director Davidoff stated the previous Boys & Girls Club of Lake and Sumter County have combined to create the Boys & Girls Club of Central Florida which gives them more resources. The department meets with them on a regular basis to discuss their long term plans. Council Member Goodgame thanked Parks and Recreation Director Davidoff for his work. PUBLIC COMMENTS Jim Purvis,4206 Hammersmith Drive,thanked the City Council for the Parks and Recreation Department's development and progress. Barbara Hollerand, 13430 Rainbow Lane,expressed safety concerns for City staff after the mass shooting in Virginia Beach and requested for Council to allow for a modification of a counter in Development Services at City Hall with a physical barrier.There was an available plan drafted previously with proposed funding which could go forward in a matter of weeks if approved. REPORTS Assistant City Manager Kinzler reported the City Council Workshop will be held next Tuesday, June 18, 2019 in the Council Chambers at 6:30pm. City Attorney Mantzaris—No Report. Council Member Bates invited the public to Representative Sabatini's workshop on June 17 from 6:00pm to 7:00pm. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 Council Member Goodgame—No report. Council Member Brishke—No report. Mayor Ash reported on June 1,she was at the Church at South Lake for the start of the Champions Circle Program.Over the next three months,the participants will visit City Departments and local businesses.On June 4, she attended the grand opening of Clermont Brewing Company on Desoto Street. On June 5, she was in Groveland for the Mayors and Managers Meeting where County Commissioner Parks and County Manager Cole were also present. On June 8, she was in Groveland to attend a conference of the Federal Association of Counselors and Therapists where she introduced Chief Broadway as the opening speaker. Later that same day, she met with Mrs. Smith,an advocate for housing for the homeless. The focus of the discussion was for permanent tiny homes for veterans.Yesterday,she was present at the swearing in of two Police Officers,Officer Brittany Lopez and Officer Uliana Kozar. 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 May 14, 2019 and May 28, 2019 Council Meeting minutes. Item No.2—Bid Award Consider award to Providence Construction & Development Services to provide E-34 lift station force main modifications in the budgeted amount of$167,377. Item No.3—Proposal Award Consider award to Voya Retirement Insurance and Annuity Co. for defined contribution recordkeeper provider for 401(a) and 457(b) retirement plans. Item No.4—Event and Road Closure Request Consider request for the Clermont Downtown Partnership to host annual "Harvest Festival" on October 26,2019. Council Member Brishke moved to approve the Consent Agenda; seconded by Council Member Goodgame.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.5—Ordinance No.2019-23,Final Deputy City Clerk Zinker read Ordinance No. 2019-23 aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending Chapter 54, Streets, Sidewalks and Other Public Places, Section 54-103, "Application for Permit"to provide that applications shall be submitted a minimum of 60 days before the event, repealing all Ordinances in conflict herewith, providing for severability,codification and effective date. Parks and Recreation Director Davidoff presented staff's request to change the Special Event section in the City's Code regarding application for permits and recommended approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved to approve Ordinance No. 2019-23; seconded by Council Member Brishke. The motion passed with all members present voting aye. NEW BUSINESS Item No.6—Variance Request,Culver's Development Services Director Henschel presented applicant's request for a variance to allow for a second monument sign to exceed eight feet in height instead of the requirements of the Land Development Code. To the north of the site there is a retaining wall that varies in height from approximately six feet to up to 10 feet in height which will effectively block a sign placed on the property.On April 14,2015,the City Council approved a variance to allow a monument to exceed eight feet in height for the subject property. The applicant never constructed the new sign,therefore allowing the variance approval to expire.The applicant is requesting the same sign variance to the Land Development Code. Overall sign height is 14 feet with 8 feet over the top of the retaining wall. Staff recommended approval. Ed Williams, Williams Development Services, stated the Council approved the prior request before it expired and requested for the Council to approve the request again as the franchise company is insisting for the sign to be built. Mayor Ash opened the Public Hearing. Jim Purvis,4206 Hammersmith Drive,expressed opposition to the request. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired about location of the sign.Development Services Director Henschel replied the sign would be located on the applicant's parcel in their parking lot. Council Member Brishke requested for street view of the road. Development Services Director Henschel displayed an image of the street view. 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. 7—Variance Request,Napleton Development Services Director Henschel presented the applicant's variance request to allow for the number of wall signs to exceed the maximum number allowed. The site was constructed in Lake County and annexed into the City as existing on April 26, 2016. The existing sign plan was approved and permitted in Lake County.The applicant is not requesting to increase the number of wall signs or add additional square feet but only to replace the existing signs that were previously approved and existing before the current building expansion. Staff recommended approval. Mark Brenchley, applicant, stated the signage was approved by Lake County prior to the property being annexed into the City. However, a permit is needed for the signs to be placed back on the building due to the signs having to be removed during renovations. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired about the City Code.Development Services Director Henschel stated the overall square footage of wall signs will meet the City Code but they are exceeding the number of wall signs. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 Council Member Bates moved to approve the variance request; seconded by Council Member Brishke. The motion passed 3 to 1 with Council Member Goodgame voting nay. Item No.8—Ordinance No.2019-20,Introduction, Senninger Deputy City Clerk Zinker read Ordinance No.2019-20 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. Council Member Bates moved to introduce Ordinance No.2019-20;seconded by Council Member Brishke.The motion passed with all members present voting aye. Item No.9—Ordinance No.2019-24,Introduction, Hungerford Deputy City Clerk Zinker read Ordinance No.2019-24 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning a portion of Eleventh Street as shown in the official map of the City of Clermont according to the plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida and described herein as shown below; providing for severability,publication and for an effective date. Council Member Bates moved to introduce Ordinance No.2019-24;seconded by Council Member Goodgame. The motion passed with all members present voting ave. Item No.10—Ordinance No.2019-25,Introduction/Transmittal,Bella Terra Summergate Comprehensive Plan Amendment Deputy City Clerk Zinker read Ordinance No. 2019-25 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 applicant's request for a Future Land Use change from Low Density Residential to Medium Density Residential on the subject property. The City can serve the property with central water and sewer,along with other public services.The proposed map amendment will change the future land use from City of Clermont Low Density Residential which allows up to three units per acre to City of Clermont Medium Density Residential which allows up to eight units per acre. The City's Low or Medium Density Residential does not permit commercial or industrial uses.The applicant is requesting up to 96 units on 24 acres which equates to four units per acre. Staff recommended approval of the transmittal. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 Attorney Jimmy Crawford,representative of the applicant,stated the subject parcel is the geographic center of the City.A traffic study was prepared and submitted to the Metropolitan Planning Organization where it was approved and then submitted to the City. The applicant will be required to install turn lanes for the project.The school capacity letter shows there is capacity at all of the neighborhood schools for the project. The subdivision will be in walking distance of the elementary school,a park,medical centers,and shopping. The City's Comprehensive Plan has Low Density of three units per acre and the City's Medium Density of eight units per acre.The City's Planned Unit Development process can be used as a limiting factor for the project. The applicant's Planned Unit Development has been submitted at the same time as the Comprehensive Plan Amendment to show the Council that the applicant is not requesting the maximum of eight units per acre but rather is asking for the same sized lots as Kings Ridge. Mayor Ash opened the Public Hearing. Marion Ringwood, 1808 Nature Cove Lane,expressed opposition to the request. Jeff Savasta, 12040 Windy Ridge Lane,expressed opposition to the request and expressed traffic and safety concerns. Leo Drescher, 14444 Johns Lake Road,reviewed the surrounding property types and expressed opposition to the request. Jeanne Swords, 2983 Southern Pines Loop, expressed opposition to the request and provided copy of a petition and e-mails. Richard Achor, 14324 Johns Lake Road, expressed opposition to the request and expressed concern for traffic impact. Jim Purvis,4206 Hammersmith Drive, suggested a compromise of three units per acre. Mayor Ash closed the Public Hearing. Mayor Ash requested for the City Attorney to clarify the Council's role for tonight's Council Meeting.City Attorney Mantzaris stated the Council is only voting on whether to transmit the matter to the State for their review and comments. The matter would then return to the Council for final action. The layout of the property and the proposed zoning is not before the Council tonight but will be brought to Council once the Comprehensive Plan Amendment has returned from the State. Attorney Crawford expressed appreciation of hearing from the residents tonight and requested for the Council to allow for the matter to move forward and return after the State has reviewed it so the entire project can come before the Council before a final vote is made. Council Member Bates expressed opposition to the proposed project but expressed support for allowing the applicant the due process of going to the State and returning for Council's final action. Council Member Bates moved to transmit Ordinance No. 2019-25: seconded by Mayor Ash. The motion failed 2 to 2 with Council Member Goodgame and Council Member Brishke voting nav resulting in the denial of Ordinance No.2019-25. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 Item No. 11—Ordinance No.2019-27,Introduction,Advent PUD Deputy City Clerk Zinker read Ordinance No. 2019-27 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. Council Member Goodgame moved to introduce Ordinance No. 2019-27; seconded by Council Member Brishke. The motion passed with all members present voting aye. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2019 ADJOURN: With no further comments,this meeting adjourned at 8:03pm. APPROVED: Gail L.Ash,Mayor ATTEST: �r-=: Tracy Ackroyd Howe,City Clerk