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06-09-2015 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 9,2015 The Clermont City Council met in a regular meeting on Tuesday, June 9, 2015 in the Council Chambers at City Hall Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Goodgame, Mullins, Bates and Travis. Other City officials present were City Manager Gray, City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Pastor Bnan Broadway; Living Message Church, gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Central Florida Expressway Authority Nathan Silva presented the Central Flonda Expressway master plan and visioning process. The plan contained three major changes: expanding the Board of Directors to nine seats, creating a four-county junsdiction, and providing for multimodal opportunities. The plan will set the stage for future projects and is compnsed of four major elements to include existing system improvements, revenue and tolling options,potential expansion projects,and a multimodal transportation role Quarterly Budget Update Finance Director Van Zile presented the Quarterly Budget and Performance Report update for the penod of January 1, 2015 to March 31, 2015 He reviewed the top ten revenues, major fund revenues, major fund expenditures,and departmental expenditures Grant-Funded Planning Study Development Services Director Hollerand introduced Hector Guerrero; Planning Intern Mr. Guerrero presented the findings of a study on infill development The purpose was to identify and target any underutilized vacant property within the city limits of Clermont. The City applied for a technical assistance grant in 2014 and was awarded the grant by the Department of Economic Opportunity. Eighty'underutilized parcels were identified. The barners to developing the parcels included extreme topography, zoning, setbacks, visibility, accessibility, and costs related to developing a parcel. The report recommended utilizing mixed-use developments, implementing a green community design in the transportation corridor, and creating a trail corndor City Manager Gray thanked Mr. Guerrero for the presentation. The study findings will be helpful in evaluating the City's strategies in the future PUBLIC COMMENTS Charlene Forth stated she had filed complaints with Code Enforcement on vanous code violations on properties and the complaints had not been addressed. The complaints involved violations of City Code at the New Beginnmgs Women's Shelter, Magic Moments Daycare, Veterans of Foreign Wars, First Baptist Church of Clermont, and the Clermont Garden Club. Ms Forth provided copies of the complaints and requested a response by the end of the week 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2015 Wayne Weatherbee distributed documents in reference to an ongoing lawsuit Mary Hummel commented the Seniors Club is in need of an assigned leader. The Director of Community Services at the City of Mineola has volunteered to lead the group at no cost, if provided free space. Also, Ms. Hummel requested the City have a program for neutenng male cats. Jim Purvis recognized Code Enforcement Officer Wallace for her level of professionalism and input regarding a situation Mr.Purvis inquired the status of upgrading the Council Chamber sound system City Manager Gray stated the Information Technology Department has included upgrades to the sound system in the upcoming budget Council Member Goodgame requested staff move forward with the upgrades REPORTS City Manager Gray—No report City Attorney Mantzans reported on the litigation Mr Weatherbee referenced and the documents which were provided. Council will receive a summary once all of the documents have been filed through the court system. Council Member Bates commented Lake County Legislation days will take place November 17 and 18, 2015 instead of February 2016. He announced his appointment to the Growth Management and Economic Development Committee. Council Member Goodgame reported the South Lake Historic Village repairs would begin soon. The Townsend House has roof leaks and the porch needs repairs. The South Lake Historic Village will work with Public Works for some of the repairs The Metropolitan Planning Organization has proposed delaying the 4-laning of U S Highway 27 along Lake Louisa Road in order to include a pedestnan crossway. Council Member Mullins stated the Lake County Tounst Development Council received a grant application from Clermont to expand the fields at Hancock Park. The Tourist Development Council did not recommend funding the project to the Lake County Board of County Commissioners. Council Member Goodgame commented PDX Athletics is attempting to bring softball tournaments to Clermont and the City should stress the importance of expanding the fields to the Lake County Board of County Commissioners Council Member Mullins stated the Tounst Development Council Board members who opposed the request were not in favor of the location Council Member Bates commented the request has generated a lot of misinformation. City Manager Gray stated the funding application could be discussed at the June 23'd Council meeting The Tourist Development Council expressed concerns on the location and displacing a local softball group. Meetings have been scheduled with the softball group, South Lake Hospital, and Lake Sumter College to discuss alternative locations and address the misinformation. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2015 Council Member Travis reported the Sports and Tounsm Committee will meet at the National Training Center on June 10 at 8am. A Patnot's Day event will be held at Wooten Park in Tavares at 8am on June 14 City Manager Gray announced Council Member Travis won a gold medal at a duathlon competition Mayor Ash announced Culvers will have a nbbon cutting ceremony on June 10 at 9am. The Caribbean Festival will take place at 11am on June 13 at Waterfront Park. Olympic Day at the National Training Center will take place on June 20 at loam. Vineyards of the World will host Coffee with the Mayor at 10am on June 20. City Clerk Ackroyd reported on the election qualifying dates. City Manager Gray announced City Clerk Ackroyd will be sworn in as President of the Florida Association of City Clerks on June 22. 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 request to approve minutes of the December 9,2014 and January 13, 2015 Regular Council meeting. Item No. 2—Plat Approval Consider approval of the Canyons Phase 2 plat located in the Highland Ranch subdivision. Item No.3—Event Request Consider request to allow alcohol consumption dunng the Greater Clermont Cancer Foundation "Music Festival"at Waterfront Park Item No.4—Event and Road Closure Request Consider request to allow additional road closures and alcohol consumption for a car show for the First Friday Food Truck event on July 3, 2015. Item No. 5—Event Request,Contract and Budget Consider approval of event request to allow Amendment alcohol consumption,the contract for 4th of July fireworks, and a budget amendment in the amount of$12,000. Item No. 6—Contract Amendment Consider request of contract amendment to incorporate recently updated language regarding access to records and retention of records. Item No. 7—Bid Award Consider approval of bid award to CPH,Inc , GatorSktch Corporation, and Powell Studio Architecture, LLC to provide on-call professional architectural services 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9,2015 Jim Purvis pulled Items 3 and 6. Council Member Goodgame moved to approve Items 1, 2,4, 5, and 7, seconded by Council Member Mullins. The motion passed with all members present voting aye. Jim Purvis expressed concern with the length of time allowed for alcoholic beverage consumption for the upcoming Music Festival. The open container area is a large area, crosses onto the trail, and is close to Champions Splash Park Events Manager Dudeck stated the consumption time will be from 12 noon until 10pm,the contained area will have temporary fencing, and the trail will remain open to the public. City Manager Gray commented staff will work with the Greater Clermont Cancer Foundation and alcohol will not be allowed to cross over the trail. Council Member Goodgame would like alcohol sales to end one hour pnor to the event closing. Council Member Mullins commented excessive consumption has not been an issue at any of the events held Downtown or at Waterfront Park Police Chief Broadway confirmed there have not been issues with excessive consumption. Mayor Ash requested the fence for the alcohol area be moved further away from the splash park. Mane Howd; Greater Clermont Cancer Foundation Events Coordinator, stated the event will be held on October 17 from 8am until 10pm. The open container area will be in the center of the event, with alcohol sales beginning at 12 noon and ending at 9pm. Council Member Goodgame requested City Manager Gray hold a workshop to review the alcohol policy. Council Member Bates moved to approve Item 3 as amended to include alcohol sales from noon to 9pm; seconded by Council Member Travis. The motion passed 4 to 1 with Council Member Goodgame opposing Council Member Goodgame moved for Item 3 to not allow alcohol consumption between the trail and the waterfront within the boundary of the event. Council Member Travis seconded the,motion. The motion passed 3 to 2 with Mayor Ash and Council Member Mullins opposing Jim Purvis addressed Item 6 and urged Council to retain audio recordings of meetings for seven years and consider video recording the meetings. City Attorney Mantzaris stated Item 6 was in reference to the Community Development Block Grant program the City participates in and the consultant utilized to administer the grants. The language is required by statute in regard to the consultant dealing with public records and public records requirements The amendment obligates the consultant to disclose certain records to the State, Flonda Department of Economic Opportunity, Auditor General, State of Flonda Office of Program Analysis and Government Accountability, and the U. S Department of Housing and Urban Development. Item 6 does not involve retention of meeting audio recordings Charlene Forth spoke in agreement with Mr. Purvis. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9,2015 Council Member Goodgame moved to approve Item 6 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye UNFINISHED BUSINESS Item No. 8—On-Street Parking Economic Development Director Hitt stated Council directed staff to explore one-way streets and offer alternatives for on-street parking on Desoto Street, Montrose Street, and 5`h Street handicapped parking The on=street angle parking does not meet the current City parking regulations and needs to be changed to parallel parking spaces Handicapped parking on Montrose Street and the east side of 5th Street was reviewed and neither location meets the Federal or State Amencans with Disabilities Act parking regulations Staff does agree with the GAI Consultants' review and summary regarding one-way versus two-way streets. Both locations have angle parking that does not meet the Land Development Code regulations. Proposed changes'included re-striping the angle parking to parallel parking spaces and re- stnping the handicapped spaces on 5th Street and Montrose Street as standard parking spaces. The changes would decrease the parking on Desoto Street from 21 spaces to 15 spaces, and Montrose Street from 20 spaces to 9 spaces Mayor Ash opened the public heanng. Nancy Allison,Jeff Powell, Shannon Shaffer, spoke in opposition of parallel parking. Linda Charlton inquired when the parking changes would take place and suggested a free trolley throughout downtown. Franklin Chase Forth spoke in opposition of one-way streets and commented a downtown parking garage should be considered. Charlene Forth commented the angle parking spaces were a violation of the Uniform Traffic Code. Businesses have not followed their Conditional Use Permits regarding parking, which affects the residents. Ms. Forth spoke in opposition of one-way streets Wayne Weatherbee spoke in opposition of one-way streets. Bill Eyerly; Masonic Lodge Member, spoke m opposition of parallel parking and suggested moving the center line and retaining the angled parking Jim Purvis suggested building a parking garage. Charlene Forth asked City Attorney Mantzans if a Conditional Use Permit would be required to rent out her house as a Bed and Breakfast City Attorney Mantzans stated any existing use that would change to a different type of use would require a review by the City Mayor Ash closed the public heanng Council Member Mullins inquired if it were feasible, as a short term solution, to change the north side of Desoto Street to diagonal parking, push the sidewalk toward the Police Station, and add parallel parking on the south side of Desoto Street. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2015 Public Works Director Brunson stated,the issue on the north side of Desoto Street is stonnwater. The traffic lane would require a shift to the north, creating additional problems. Council Member Travis suggested the City purchase Loretta Lacek's property on Desoto Street for parking. Council Member Goodgame suggested demolishing the fire station on Desoto Street for parking. The Police Department will be relocating and the current police station could be demolished for a parking garage. Mayor Ash agreed the fire station should be demolished and used for parking. The Desoto Street, Montrose Street and 5th Street parking should be tabled and staff return to Council with a parking lot plan. City Manager Gray commented staff could move forward with the bid process to demolish the fire station. Council Member Bates expressed concern regarding liability should an incident occur prior to addressing the current parking. City Attorney Mantzans commented Council was working on a solution and taking reasonable steps to remedy the situation. The parking situation existed for decades and Council is moving forward to address the parking situation City Manager Gray stated the Montrose Street parking at the Baptist Church should be addressed and brought into compliance. Council Member Mullins moved to table and the City Manager move forward with the demolition of the old Fire Station and return with a parking lot plan for the Desoto Street and West Avenue corner by a 'July meeting; seconded by Council Member Goodgame The motion'passed with all members present voting ave. Council Member Travis moved"for staff to bring parking into compliance on Montrose Street and 5th Street; seconded by Council Member Mullins. The motion passed with all members'prresent voting aye. Item No. 9—Ordinance-No.2015-65; Final, Ptora City Clerk Ackroyd read Ordinance 2015-65 aloud by title only. An Ordinance under the Code' of Ordinances of the City of Clermont, Lake County, Flonda 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 Senior Planner Kruse presented the request to rezone the property at the corner of Chestnut Street and West Avenue from R-1 Single Family Medium Density Residential District to R-2 Medium Density Residential Distnct to allow construction of a duplex. The request was originally heard at the May 26, 2015 Council meeting and was tabled at the applicant's request to allow consideration by the full Council. Staff recommended approval. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2015 Daryl Piora; Applicant, was present and requested approval. Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public heanng. Council Member Goodgame supported the request Council Member Mullins supported the request. Council Member Travis asked if the entire block could be rezoned to R-2, as opposed to the block containing various zoning distncts. City Attorney Mantzaris commented areas become transitional over penods of time due to intense uses and it was not unusual to see this pattern when an area is in transition. The rezoning of a block can be staff initiated. Council Member Goodgame moved to approve Ordinance 2015-65; seconded by Council Member Mullins The motion passed 3 to 2 with Council Members Bates and Travis opposing. Item No. 10—Variance Request,Marks Senior Planner Kruse presented the request to allow a dnveway access width greater than 20 feet at 4204 Foxhound Drive. The request was originally heard at the May 26, 2015 Council meeting and was tabled at the applicant's request to allow consideration by the full Council Staff recommended denial. Wyatt Marks; Applicant, was present and requested approval. Mayor Ash opened the public heanng Jim Purvis noted the county does allow a 30-foot wide dnveway apron and suggested staff review the City's ordinance. Mayor Ash closed the public heanng. Council Member Mullins asked when the home was purchased. Mr. Marks responded June 2014. Council Member Mullins noted there were a lot of three car garages in the subdivision with the same type of dnveway Approving the request would have a domino effect. Council Member Goodgame supported the request. Council Member Bates expressed concern of setting a precedence. Council Member Goodgame moved to approve the vanance request. The motion died for lack of a second. Council Member Mullins moved to deny the vanance, seconded by Council Member Travis The motion passed 4 to 1 with Council Member Goodgame opposing. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9,2015 NEW BUSINESS Item No. 11 —Lien Release,Montgomery Development Services Director Hollerand presented the request to reduce the fine and release the hen on a vacant lot located between Bloxam Avenue and Scott Street. The fine and lien were placed on the property by the Code Enforcement Board in 2009 for excessive overgrowth of grass and weeds The Respondent; James Montgomery, has complied Staff recommended a fine reduction to $350 to cover administrative costs. James Montgomery, Applicant, was present and requested approval Mayor Ash opened the public heanng. There were no public comments. Mayor Ash closed the public heanng. Council Member Mullins asked the length of time the property had been in compliance. Development Services Director Hollerand stated the property had been in compliance for five years and has remained in compliance. Council Member Mullins recommended waiving the entire lien due to the length of time the property was in compliance. Council Member Travis inquired why the applicant took a year to comply. Mr. Montgomery stated there had been a misunderstanding between himself and the Code Enforcement Officer. Council Member Bates asked why the lien release took so long. City Attorney Mantzans stated the Code Enforcement Board does not generate a lot of liens. The Code Enforcement Board becomes involved when violations are not in compliance. Code Enforcement Officer Wallace found this case with an existing lien and reached out to the respondent. Jim Purvis supported waiving the entire hen. Council Member Mullins moved to forgive the entire lien; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 12—Variance Request,State Farm Planning Manager Henschel presented the vanance request to allow a retammg wall landscape buffer of one foot rather than the,required five foot landscape buffer at 525 West Highway 50. The applicant obtained`final site plan `approval to construct a new office building. The development was granted a P setback variance along Highway 50 and a variance allowing a right-of-way landscape buffer less than 20 feet. During construction it was noted the retaining wall was closer to the nght-of-way line than the plans allowed The five-foot setback required was designed to allow room for landscaping to be placed between the wall and the property line. Staff recommended denial of the request. Maunce St. Cyre; Project Contractor, was present on behalf of the applicant and requested approval. Mr. St. Cyre provided photographs of dying landscape plantings along sidewalks and retaining walls of other properties. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2015 Mayor Ash opened the public heanng. Jim Purvis spoke in opposition of the request citing the applicant should abide by the approved plans Mayor Ash closed the public heanng. Council Member Goodgame inquired what the staff approved plans showed as the setback for the retaining wall Mr St. Cyre commented the plans submitted to the Building Department for a permit showed the retaining wall one foot off the property line. Council Member Goodgame opposed the request Council Member Mullins opposed the request. Mayor Ash expressed concern for pedestrians walking on the sidewalk. Council Member Goodgame moved to deny the variance, seconded by Council Member Mullins The motion passed with all members present voting aye ADJOURN: With no further comments,this meeting was adjourned at 9:28pm APPROVED: k Gai L. Ash,Mayo ATTEST: ►_jam,_��i�.!� Tracy Ac� yd, City Cl-f 9