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Minutes - 02.11.2020 -City Council Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 The City Council of the City of Clermont, FL met in a regular meeting on Tuesday, February 11, 2020 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 Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, Deputy City Clerk Lueth and HR Coordinator Zinker. INVOCATION AND PLEDGE OF ALLEGIANCE Choice Edwards gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Mayor Ash opened the floor for comments from the public for items not included on the agenda; seeing none, the floor was closed. REPORTS CITY MANAGER City Manager Gray thanked those who could attend the State of the City. He stated that the event had close to 300 people and that it was great to celebrate and talk about the accomplishments over the past year. City Manager Gray informed the Council that City Clerk Tracy Ackroyd Howe and Human Resources Director Susan Dauderis are in Tallahassee with the Youth Council studying state government, and reported that while the students are excited, the chaperones are exhausted. He also introduced Brian Lueth as the new Deputy City Clerk/Records Administrator and informed the Council that Carlie Zinker has moved to the Human Resources department. City Manager Gray reported that the Thursday prior to the meeting, Leadership of Orlando was hosted in Clermont. Leadership Orlando is an organization that brings government, business and non-profit leaders together for classes on leadership. The group went to the National Training Center, walked downtown, and then had a full afternoon at City Hall. He thanked Communications Director Deen for putting the event together. City Manager Gray notified the Council that the upcoming Saturday is the Black Achiever's Gala at the Arts and Recreation Center. Clermont Police Chief Broadway is to be recognized at the event. City Manager Gray concluded by telling the Council that there will be no Council Workshop for February. CITY ATTORNEY City Attorney Mantzaris informed the Council that they would need to meet in closed session prior to the next Council meeting in regards to pending litigation; specifically regarding the Sprinkles litigation. Attorney Mantzaris explained that he was announcing it now at an open meeting in compliance with state statute requirements. He also informed the Council that at the next meeting they would open up the meeting in public session at 6:00 PM and then go into the closed session. After the closed session concludes, the Council would then return for the rest of the agenda. CITY COUNCIL Council Member Bates: 0 No Report City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 Council Member Purvis: • Stated he agreed with the city manager's assessment of the State of the City event. He stated that it was professional and informative.. Council Member Brishke: • No Report Council Member Travis: • Stated that she gave the welcome to the Leadership Orlando group that was here last Thursday. The group had lunch at CBC. She was excited that Mayor Buddy Dyer and Commissioner Hill gave her pins from the City of Orlando, which she proceeded to pass out to the Council. The pin is the fountain representing the City of Orlando. Mayor Ash: • No Report. CONSENT AGENDA Mayor Ash opened the floor for the public to pull an item from the consent agenda for further consideration. City Manager Gray clarified for the record that the consent agenda consisted of items 1 through 9. Seeing no public come forth, Mayor Ash closed the floor and asked if city staff or council members had any objections to items. City Manager Gray stated that he would like Item No. 6 to be pulled until the next meeting so that he had the opportunity to check into some items. Item No. 1— Meeting Minutes Item No. 2 — Plat Approval Item No. 3 — Plat Approval Item No. 4 — Bid Award Item No. 5 — Bid Award W Consider approval of December 10, 2019 and January 14, 2020 Council Meeting minutes. Consider re -plat of a portion of lots in Phase 1 of Lakeview Preserve to correct an issue with a drainage swale and landscape wall. Consider Crestview Phase 2 plat of 143 single- family lots. Consider awarding bid to Big Air Mechanical, LLC, in the budgeted amount of $54,300 for the purchase of variable frequency drives. Consider awarding contract to Kimley-Horn and Associates, Inc., Kittelson & Associates, Inc., and S&ME, Inc. to provide traffic and transportation engineering consultant services. City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 Item No. 6 — Board Appointment Item No. 7 — Utility Service Agreement Item No. 8 — Modified Utility Service Agreement Item No. 9 — Resolution No. 2020-07R Consider reappointment of Judy Proli to the Firefighter's Pension Board of Trustees. Consider agreement approval for City water services to allow construction of a new single family home located at 14227 County Road 455. Consider request to modify an existing utility agreement for a multi -family project located northeast of County Road 455 and SR 50 intersection. Consider approval of an updated Comprehensive Fee Schedule. MOTION TO APPROVE the consent agenda items 1-5 and 7-9 made by Council Member Brishke. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 10 — Mason Ridge CUP Revocation City Manager Gray introduced the item and stated that the applicant's representation was present. He also informed the Council that staff are present if they wish to hear the presentation again. Mayor Ash gathered consent from the council that the applicant's representative could provide an update instead of hearing the whole presentation again. Jimmy Crawford. 702 W Montrose, Clermont. — Applicant's Representative — Mr. Crawford stated that he is representing Al Investments. Mr. Crawford displayed an email to the council received at 4:46 PM that afternoon. He continued that assuming permits and other items are completed in a timely manner; Boykin is prepared to remobilize the Mason's Ridge Project within six (6) weeks or no later than March 24. They believe that all horizontal and site improvements can be completed in eight (8) months from remobilization of project. They wanted to state for the record that if all goes as planned, they should finish no later than November 24, 2020 after which they will apply for a building permit for vertical construction within forty- five (45) days of finishing. They also committed to providing an update to city staff every 30 days in writing with their progress. Mr. Crawford added that if they want the report to be verbal, he would be happy to update the Council along the way. Mr. Crawford stated that the wall subcontractor for the project could not start until the third week in March. The hope is to beat the given construction schedule by weeks or even a month, but would not be later than the given date as they built in a month's cushion just in case. Mayor Ash opened the floor for the council to provide feedback, as they were the ones who requested this agenda item. City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 Council Member Purvis first thanked the applicant and Attorney Crawford for coming before Council as requested. He stated that he was adamantin his position from the last meeting; and with that understood, it appears that on the surface they have reached the minimum standards for the project to proceed. Council Member Travis stated that she would be on site on March 24 to see if people are there. Mr. Crawford jokingly responded that she would have to have a hardhat because the workers will be there. Mayor Ash requested that the Council get reports on the progress in writing every ninety (90) days. Mr. Crawford responded that they were actually proposing every thirty (30) days to avoid a breakdown in communication. Council Member Bates asked the Mayor if the applicant should come in person to present the reports. Mayor Ash responded that City Manager Gray could present the written report. Mr. Crawford reiterated to the Council that they are hoping to be ahead of schedule. Mayor Ash told Mr. Crawford that the Council with follow through if the ball is dropped. Mayor Ash asked if there were any additional comments from the Council members. Council Member Travis stated that the mounds of dirt are so high, she would prefer to see them gone sooner rather than later. Mr. Crawford responded that he would get with the contractor to see if they can snake that the first priority. Mayor Ash opened the floor for comments from the public; seeing no public come forth, the floor was closed. Council Member Brishke informed the Council that March 24 is a Council Meeting night. Council Member Bates asked if they should now move to deny the item. Attorney Mantzaris informed the Council that they can table it, or not revoke it as is, or do a conditional revocation that would put conditions for the applicant to meet. He reminded the Council that if the applicant failed to meet the conditions, the Council could pass an amending resolution as early as their second meeting in March to revoke the CUP given to the developer. Council Member Purvis and Mayor Ash stated their preference for a conditional revocation. Attorney Mantzaris also informed the Council that the City's Planning & Zoning Board made recommendation to address the code enforcement issue on the property. Mayor Ash stated that she would entertain a motion that failure to comply with given outline, would result in an automatic revocation of the Conditional Use Permit. Council Member Travis asked about them making good on the lien. Attorney Mantzaris stated that the lien is in place and will not be going away. He continued that the Planning & Zoning Board suggested that the applicant make a good faith payment. Mr. Crawford stated that they would pay $5,000 within thirty (30) days towards the code enforcement fines. Council Member Purvis indicated that he would like his support to be contingent on the applicant making a good faith payment of $5,000 towards code enforcement fines to stay in place. Attorney Mantzaris approving revocation conditioned upon March 24, 2020 there will be some work on site improvements, they will be March 24, apply for building permits, applicant to provide update every 30 days, applicant to make a $5,000 good faith payment towards the code enforcement lien. M City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 MOTION TO APPROVE the revocation of the conditional use permit conditioned upon the followin factors: 1 by March 24 2020 some work be made on site improvements, 2 that site improvements be finished by November 24 2020 3 that a building permit be applied for with 45 days of completion of site improvements, 4 that the applicant provide written progress updates eve 30 days, and 5 that the applicant make a $5,000 good faith payment towards Code Enforcement Liens ... made by Council Member Purvis. Seconded by Council Member Travis. Passed unanimously with all members present voicing aye. NEW BUSINESS Item No. 11— Variance Request, Thompson Palm Lane Development Services Director Henschel presented the case of a property owner who is requesting two (2) variances to land development code. The first variance request is to allow a lot with less than 100 feet R1A zoning requirement. The second variance request allow for lot size area of less than the required 10,000 sq. ft. Director Henschel showed the Council a proposed layout of the lot. The applicant would like to construct a new family home on the vacant lot. The surrounding lots have single-family homes constructed on them already. If granted the width of the lot would be 84 feet instead of the 100- foot requirement, and the total lot size of 7,980 sq. ft. Director Henschel continued that Section 86-164 requires positive finding by Council in the variance review criteria. Staff finds the request meets review criteria and recommends approval of variance request. Director Henschel showed the Council that other lots have been divided into similar sizes in the area. Robert Thompson. 11905 Egret Bluff, Clermont_ — Applicant — Mr. Thompson stated that they would like to build nice single family home on the lot. He knows one of the neighbors is concerned about utility easements, and that he had an attorney check the plats and they did not find any easements. Mr. Thompson stated that he would give his word to the owners to grant the easement or dedicate the land for power to homes on other sites. They will do this before construction begins. They intend to build decent a home which will enhance the neighborhood. They are looking at options, including possibly a two story home around 2,000 square feet. What they are proposing will meet all requirements of R1 zoning district and setbacks. Mayor Ash opened the floor for comments from the public. Elizabeth Clarke. 480 Palm Way, Clermont. — Ms. Clarke stated they are located across the street from the lot in question. She feels that the property does not fit the code, and is not sure why it was allowed to be created if it does not fit the code. She expressed concern that as neighbors they were not alerted the lot was being created. She feels that the lot is too small for a home and that parking will have to be in the street which is concerning as it is already a narrow road. Zack English. 487 Palm Lane, Clermont. — Mr. English owns one of the homes on a lot adjoining the proposed site. He expressed concern that this lot is only 8,000 square feet, which is smaller than the required zoning requirements. He stated his house is 2,000 square feet, and does not feel it could comfortably fit on the lot. He felt that there is no room for parking or a driveway. He feels that the proposal is misleading. City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 Mike Cammonie. 487 Palm Lane, Clermont. — Mr. Commonie lives in a home on a lot adjacent to the plot. Before purchasing lot in 2018, he knew that the vacant lot next to property was too small to build a house, which factored into the reason they bought their property. Rob Smith, Jr. 415 Palm Lane, Clermont. — Mr. Smith's home is to the west of the proposed site. He expressed concern for the utility easement, but stated he is not opposed to the home as he is in the development industry himself. He would like to see an easement around the property of 5ft. He does not have misconceptions about building the house, and stated that if it is built right, a home there could help the neighborhood. Mr. Smith restated that he is not against the house being built. Seeing no other speakers come forth, Mayor Ash closed the floor from further comments. Mayor Ash opened the issue for comments or questions from the council. Council Member Purvis asked Mr. Smith if he could point out where exactly or approximately, the telephone pole is located. Council Member Purvis expressed surprise that there exists no easement. Mr. Smith stated that he has seen it happen before and often back around the time of this neighborhoods plat. The applicant (Mr. Thompson) responded to the comments from the public saying that they can build a home within the setback requirements of the RI zoning district. He also stated that two- thirds of the current homes in the area do not meet the setback requirements. He strongly feels that they will be able to include a two (2)-car garage and a driveway and still meet minimum standards. Mr. Thompson believes the house will be something the neighborhood can be proud of. Council Member Bates asked if the applicant has the elevations of the lot. Mr. Thompson provided the elevations. Council Member Bates asked if the applicant feels that they can have a yard with this home. Mr. Thompson replied absolutely and added that the lot is similar to one in many of the subdivisions being built. Council Member Travis stated that Mr. Thompson has been a builder in the community for a long time. She asked Director Henschel that if many of the homes in the neighborhood do not meet RI A requirements was there a change in zoning and if not how did the other houses get there. Director Henschel responded that the non -complying homes were there prior to the R I A zoning. Council Member Travis asked if he knew when the neighborhood went to R I A zoning. Director Henschel stated he did not have that information. Council Member Travis stated she did not see a problem with a house on this lot. Mayor Ash asked if the city would be getting an easement on this lot or not. Mr. Thompson stated that he would give an easement to whoever needs one. Attorney Mantzaris stated that the best way to ensure the easement is include it in the motion. He asked Mr. Thompson where the power poles are. Mr. Thompson stated that they are on the back of the property. Attorney Mantzaris stated that regardless of any action the Council does tonight, the power lines are on private property currently, and the applicant is providing an opportunity to correct a problem, which happened a long time ago. Council Member Purvis stated that this is perfect example of a good in -fill. It provides adequate parking and although he prefers a floor plan that gives 17ft on each side for setback, he will not oppose this one, which shows 9ft. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 Council Member Bates asked if there would be an issue with the easement or power lines if the house is two-story. Mr. Thompson stated that the house does not have to go multi -story if the neighbors do not want it to. Mayor Ash stated that it is not for the Council to decide how many stories the home will be. MOTION TO APPROVE thenantin of both variance requests for the vacant lot on Palm Lane with an added condition of establishing an easement as indicated made bb Council Member Travis. Seconded by Council Member Purvis. Passed unanimously with all members voicing ave. Item No. 12 — Ordinance No. 2020-09, Introduction, Bloxam Street Office CPA Human Resources Coordinator Zinker read Ordinance No. 2020-09 aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small -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 Small -Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small -Scale Comprehensive Plan Amendment; providing for the adoption of the Small -Scale Comprehensive Plan Amendment; establishing the legal status of the Small -Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-09 by Council Member Travis. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. Item No. 13 — Ordinance No. 2020-10, Introduction, Bloxam Street Office Human Resources Coordinator Zinker read Ordinance No. 2020-10 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. MOTION TO INTRODUCTION for future consideration Ordinance No. 2020-10 by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members resent voicing ave. Item No. 14 — Ordinance No. 2020-12, Introduction, Hartle Road Industrial Park Human Resources Coordinator Zinker read Ordinance No. 2020-12 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. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-12 by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 Item No. 15 — Ordinance No. 2020-13, Transmittal, Hartle Road Industrial Park CPA Human Resources Coordinator Zinker read Ordinance No. 2020-13 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. Senior Planner John Kruse made a brief presentation to the Council. The proposed map amendment will change land use from Lake County Regional Office to the City's Industrial Use. Upon approval by the City Council, the ordinance will be transferred to the state who then would submit comment letters to the City and the ordinance will be brought back to Council for final approval in April. The City is capable of serving the property. Staff recommends the transmittal of the Ordinance. The Planning & Zoning Board recommended approval of the ordinance by a vote of 4-1. City Manager Gray added that the Council has seen projects like this come before, and that this is just a transmittal hearing. This approval is only for approving the plan to be sent to State. He reminded the Council that this would come back to Council in sixty (60) days for final approval with the other two requests. The site plan will be submitted at final hearing. Allison Turnbal. 200 S. Orange Ave, Orlando. — Applicant's Representative — Ms. Turnbal stated that they agree with staff and requests the Council to move forward with the transmittal. She informed the Council that she is aware that members of the public want to speak, and asked that they be allowed to do so and then she can speak after them to address comments. Mayor Ash opened the floor for comments from the public. David Bussar. 16002 Woodland Court, Clermont. — Indicated that he attended the most recent Planning & Zoning Board meeting. Showed the Council four (4) exhibits that he presented at the other meeting. Stated that he has a petition signed by neighbors, but it is not on him. Attorney Mantzaris informed the Council that the petition is on record as it was submitted during the Planning & Zoning Board meeting. Mike Sullivan. 16001 Woodland Court, Clermont. — Expressed opposition to request. Seeing no other speakers come forth, Mayor Ash closed the floor from further comments. Ms. Turnbal returned to the podium and stated that she was first alerted to the concerns of the neighbors at the Planning and Zoning meeting. They are planning to sit down with them before Council's adoption hearing. This will be a conditional use permit so conditions can be added to address any concerns from the public. _MOTION TO APPROVE the transmittal of Ordinance No. 2020-13 by Council Member Bates. Seconded by Council Member Purvis. Council Member Purvis expressed concern with the terminology of "Industrial Park". Initially he had concerns of an industrial park abutting residential, but he learned that the planned industrial use is a storage City of Clermont MINUTES REGULAR COUNCIL MEETING February 11, 2020 facility; not a 24 hours a day/7 days a week truck stop or a metal forging factory. He further explained that the proposed use requires the proposed zoning. The terminology is a misnomer. Mayor Ash informed the public that when the ordinance come back before the Council for approval, the Council can put conditions on it to address the issues of residents who live nearby. Mayor Ash called for a vote on the motion. Motion passed unanimously with all members present voicing aye. I City of Clermont NENUTES REGULAR COUNCEL MEETING February 11, 2020 ADJOURN: With no further comments, Mayor Ash adjourned the meeting at 7:30pm. APPROVED: W4- �, roos ■ 1 1� ATTEST: Tracy Ackroyd Howe, City Clerk