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10-25-2016 Regular Council • City of Clermont MINUTES REGULAR COUNCIL MEETING October 25,2016 The Clermont City Council met in a regular meeting on Tuesday, October 25, 2016 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Mullins, Bates, Goodgame, and Travis. Other City officials present were: City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Moses gave the invocation followed by the pledge of allegiance. PROCLAMATION City Clerk Ackroyd Howe read the National American Indian Heritage Month proclamation aloud. Mayor Ash presented the proclamation to Susan DeHart,Daughters of the American Revolution. PRESENTATIONS Economic Development Update: Hispanic Business Initiative Fund Economic Development Director Schmidt introduced Ms. Gabby Ortigoni, Vice President of Hispanic Business Initiative Fund. The Hispanic Business Initiative Fund hosts an annual fund raising event at Waterfront Park called Tour Latino. The February 2017 event will be featured on Univision Television. Ms. Ortigoni congratulated the City of Clermont for being named the best Central Florida city to live in. The Hispanic Business Initiative Fund specializes in assisting Hispanic entrepreneurs who would like to establish or expand their business. Bilingual and culturally sensitive services are provided free of charge; including consulting, seminars, entrepreneurial grants, and loan facilitation. The Hispanic Business Initiative Fund relies on partnerships, and refers clients to community organizations, lenders, and economic development agencies. Funding is leveraged through government grants, corporate contributions, fundraising events,and individual philanthropic donors. Council Member Mullins inquired if the Hispanic Business Initiative Fund recruited for international funding. Ms. Ortigoni commented the Hispanic Business Initiative Fund works close with the Economic Development Commission and the University of Central Florida Incubator Program. City Manager Gray noted two agenda items would not be heard. Staff requested the postponement of Item 17; Ordinance 2016-40 Density Amendment Transmittal, to December 13, 2016. Item 18; Ordinance 2016-43 Council Salary Introduction,has been withdrawn. Item No. 17—Ordinance No.2016-40 Transmittal;Density Amendment City Clerk Ackroyd Howe read Ordinance 2016-40 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of the City of Clermont,Florida,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Future Land Use Element of the Comprehensive Plan to amend the maximum density for the downtown mixed use future land use category; 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Council Member Mullins moved to table to December 13, 2016; seconded by Council Member Goodgame. The motion passed with all members present voting aye. PUBLIC COMMENTS Hope Lamb; 561 Osceola Street, spoke of preserving past procedures. Zoning changes which affect a large number of individuals should require notifying more than the properties located within a 150-foot radius of the proposed change. The City should have transparency in moving forward with the Density Amendment, and allow for more public involvement. Ms. Lamb expressed concern of limiting public comments to three minutes. Fred Sommer commented on the end of the 2016 triathlon season and thanked the City for supporting the events. The Great Floridian Triathlon attracted participants from 36 states and 11 countries. Mr: Sommer announced the Clermont Champions relay team won first place in the relay team competition. Charlene Forth; 939 W. Desoto Street, expressed concern of transparency and spoke of notifying the public regarding the Density Amendment and Master Plan. Mayor Ash stated all agendas are available on the City of Clermont website and all meetings are open for public comment. Charlene Forth expressed concern of the notification process. REPORTS City Manager Gray expressed appreciation to all who attended the new Police Station grand opening. The City was notified Clermont was voted the best place to live in Central Florida by the Orlando Business Journal. City Attorney Mantzaris-No report. Council Member Bates-No report. Council Member Goodgame spoke of the completion of the new Police Station and thanked all who attended the grand opening. Council Member Mullins reported First Friday was held on October 21, 2016. Mr. Mullins encouraged the public to inform staff of preferred methods of providing public notification of meetings and.events. The cost of advertising on all television stations, in all newspapers, and posting on all the various social media sites would be an overwhelming task. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 Council Member Travis commented the City of Clermont relay team participated in an 11.5-hour race. The relay team consisted of herself, Economic Development Director Schmidt, Richard Levey, City Manager Gray, Chase Kough, and Police Chief Broadway. Ms. Travis stated the Great Floridian participants and attendees love the City of Clermont and had wonderful comments and compliments of the City. Council Member Travis reported the Taste of South Lake will be held at Waterfront Park on November 3, 2016 at 5pm. Mayor Ash commented on attending a meeting with City Manager Gray and the Mayors of south Lake County to discuss common issues and problems in the south Lake Community. Ms. Ash attended the Citizens Academy at City Hall, Coffee with the Mayor at the South Lake Chamber of Commerce, the Citizens Academy at the Fire Department, represented Lake County at the Central Florida Leadership meeting, attended the Police Station grand opening, and attended Lake County Supervisor of Elections Emogene Stegall's retirement event. 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 October 11,2016 Regular Council Meeting minutes. Item No. 2 Legislative Priorities Consider approval of the City of Clermont Legislative priorities list. Item No.3—Event Request,Fee Variance, Consider request from Sommer Sports to Sponsorship,Open Container Allowance, and approve the 2017 season, waive all grounds fees Budget Amendment - associated, season sponsorship,and budget amendment in the amount of$15,000.00. Item No.4—Resolution No. 2016-46 and Budget Consider Resolution authorizing the purchase of Amendment property located on Highway 50 adjacent to Fire Station No. 1 from Daniel Soto and a budget amendment in the amount of$35,000.00. Item No.5—Resolution No.2016-47 and Budget Consider Resolution authorizing the purchase of Amendment property located at 8th Street and Osceola Street adjacent to Lake Minneola from CSX Transportation, Inc. and a budget amendment in the amount of$200,000.00. Item No.6—Proposal Award and Budget Consider award to American Janitorial Inc. to Amendment provide janitorial services at the Clermont Arts and Recreation Center and a budget amendment in the amount of$55,863.32. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 Item No. 7—Contract Award Consider request to piggyback the Lake County Board of County Commissioners term contract with Leesburg Concrete Company, Inc. to provide precast concrete restrooms and related site work in the budgeted amount of $223,767.00. Item No.8—Vehicle Purchase Consider request to piggyback the Florida Sheriffs Association contract number FSA16- VEL24.0 to purchase budgeted vehicles for the Environmental Services and Parks and Recreation Departments in the budgeted amount of$183,437.70. Item No. 9—Vehicle Purchase Consider request to piggyback the Florida Sheriffs Association contract number FSA16- VEL14.0 to purchase budgeted sanitation vehicles in the amount of$479,198.00. Item No. 10-Purchase Approval Consider approval of engineering services for the East Side Water Reclamation Facility Dewatering Improvements to upgrade the belt press in the budgeted amount of$97,023.00. Council Member Goodgame pulled Consent Agenda Item 4. Council Member Mullins moved to accept Consent Items 1 through 3, and 5 through 10; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Goodgame inquired of the history of the property the City will be purchasing near Waterfront Park. City Manager Gray stated the property is located at Cherry Knoll and runs to 12`h Street. The property was purchased by the City in the 1990's. Staff reviewed title search documents and discovered a portion of the trail at Waterfront Park did not belong to the City. City Attorney Mantzaris performed additional title searches and negotiated with property owner CSX on a purchase price. The City is applying for a grant to reimburse the City for the property purchase. Council Member Mullins moved to approve Consent Item 4; seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 11 —Ordinance No. 2016-32 Final; Comprehensive Plan Amendment City Clerk Ackroyd Howe read Ordinance 2016-32 aloud by title only. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Future Land Use Element of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Senior Planner Kruse reported the Comprehensive Plan Amendment was tabled at the October 11, 2016 Council Meeting to allow time to receive correspondence from the Florida Department of Economic Opportunity. The City voted to adopt the Planned Unit Development zoning designation in September 2015. Staff reviewed the Comprehensive Plan, and the Planned Unit Development zoning was added to four areas of the Future Land Use Element of the Comprehensive Plan. The Council approved transmittal of the proposed amendment to the Florida Department of Economic Opportunity in August 2016. The Florida Department of Economic Opportunity issued correspondence stating there were no objections to the proposed amendment. Staff recommended approval of the adoption of Ordinance 2016-32. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Bates moved to approve Ordinance 2016-32; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item 12 and Item 13 were heard concurrently and voted on separately. Item No. 12-Ordinance No.2016-39 Final;Future Land Use Change, Headquarter Mazda City Clerk Ackroyd Howe read Ordinance 2016-39 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, 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. Item No. 13—Ordinance No.2016-41 Final; Zoning Change, Headquarter Mazda City Clerk Ackroyd Howe read Ordinance 2016-41 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. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 Planning Manager Henschel noted the City was the applicant for the Small Scale Comprehensive Plan Amendment and the rezoning request. The City annexed the property on August 9, 2016, as authorized by the Utility Service Agreement with the property owner. The property is approximately five acres and was developed as Headquarter Mazda. The proposed amendment will change the future land use from Lake County Regional Commercial to the City of Clermont Commercial future land use designation. The related rezoning request will change the zoning from Urban Estate to the C-2 General Commercial zoning district. Staff recommended approval of Ordinance 2016-39 and Ordinance 2016-41. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council member Goodgame moved to approve Ordinance 2016-39; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Council Member Goodgame moved to approve Ordinance 2016-41; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item No. 14—Ordinance No.2016-42 Final; Code Enforcement Citations City Clerk Ackroyd Howe read Ordinance 2016-42 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 2 Code Enforcement Citations, Section 2-225 Applicable Codes and Ordinances; providing for codification; severability; effective date; and publication. Development Services Director Hollerand noted the code amendment would allow for violations of City Code Book, Chapter 54, to be enforced through the established Code Enforcement citation process. The citation amount for violations will be$200 per offense. The changes to Chapter 54; Streets, Sidewalks, and Other Public Places, were approved by Council on June 14, 2016. The changes were presented to the Council as a new Chapter 55; however, were subsequently re-classified by Municipal Code Corporation to become part of Chapter 54. Staff recommended approval of Ordinance 2016-42. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Bates inquired of the inclusion of late fees for non-payment. City Attorney Mantzaris stated it was not likely to be used for non-payment. The citation will be for performance and activity issues. Parks and Recreation Director Davidoff commented late fees would be addressed in a separate fee schedule. Council Member Travis asked if prior code enforcement issues contained a citation amount. City Attorney Mantzaris stated the citation process was an alternative to the regular code enforcement process. Council Member Mullins moved for adoption of Ordinance 2016-42; seconded by Council Member Bates. The motion passed 5 to 0 on a roll call vote. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 NEW BUSINESS Item No.15—Variance Request Rentas Senior Planner Kruse presented the variance request for a 19-foot rear yard setback to construct a 10-foot by 28-foot screen room with a solid roof. The Harvest Landing Homeowners Association has issued a notice of approval for the screen enclosure. Staff recommended denial of the variance request. Elphia VanDenBogaert; Silver Star Construction, 9014 Florida Boys Ranch Road, requested approval of the rear yard setback variance request. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame asked if the enclosure with a solid roof was a new structure. Ms. VanDenBogaert stated the structure was new and would have guttering. Council Member Travis inquired of the property behind the applicant. Senior Planner Kruse commented the property behind the applicant was a conveyance swale. Council Member Mullins asked if there was an elevation change in the rear yard. Ms. VanDenBogaert stated there was no elevation change. Council Member Mullins moved to grant the variance request; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 16—Resolution No.2016-41 Hayes Brothers Funeral Home City Clerk Ackroyd Howe read Resolution 2016-41 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 funeral home in the C-1 Light Commercial zoning district. Senior Planner Kruse presented the request to establish a funeral home at 191 Broom a Street in the C-1 Light Commercial zoning district. The property has an existing 3,100 square foot building previously used for a daycare facility. The applicant proposes to use the existing building for viewings, consultations, notary, and other funeral related business; with no embalming, cremations, or human remains storage on the site. The facility has eleven improved parking spaces, with the ability to provide an additional twelve parking spaces on the grassed area south of the parking lot. The applicant understands and agrees the City may require additional parking or rescind the Conditional Use Permit should parking become an issue. Staff recommended approval of the Conditional Use Permit. City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2016 Tommy Hayes, III; 23147 Oak Prairie Circle, Sorrento, Florida, concurred with the recommendations of staff for consideration by the City Council. Mr. Hayes introduced Donald Hayes and Maurice Hayes; Hayes Brothers Funeral Home. Mayor Ash opened the public hearing. Hope Lamb, 561 Osceola Street; Andrea Simmons, 940 2nd Street; and Barry Rubenstein, expressed concern with parking. Ms. Simmons provided photographs of the parking issues in the area. Tommy Hayes stated the parking issues appear to be centered around events outside of the operation of a funeral home. The seating occupancy of the funeral home will be 80; however, the ratio of the current and proposed number of parking spaces would allow a seating occupancy of over 100. The zoning, parking, and seating is proper, and all of the criteria from the review committee and the Planning and Zoning Commission have been met. Council Member Goodgame commented the funeral home will have a parking impact on the surrounding businesses and homeowners. Council Member Mullins agreed with Council Member Goodgame. The existing funeral homes in the City do not have adequate parking and have more parking spaces than the proposed funeral home. Council Member Travis asked of possibly purchasing the nearby vacant property for parking. Ms. Travis suggested Council table the request to allow the applicant an opportunity to explore additional parking solutions. Mayor Ash inquired why the City has not addressed the parking violations at Bishop Field. City Manager Gray stated the City will begin enforcing violations. Council Member Mullins suggested Council table the request to provide the applicant time to address the parking concerns. Donald Hayes; 19444 Spring Oak Drive, Eustis, Florida, stated the property and parking were observed at different times of the day and week. The proposed funeral home parking is intermittent, with people visiting in fifteen minute increments for a viewing. The parking problem is not related to the proposed funeral home, the parking problem is related to the ball field. Mayor Ash asked if there would be storage of human remains at the location. Donald Hayes indicated certain human remains will be in the facility for viewings. Council Member Travis suggested utilizing AutoZone for parking. Council Member Bates suggested Council table the request. City Attorney Mantzaris suggested staff clarify the storage of human remains in the Conditional Use Permit. Council Member Travis moved to table to November 8, 2016; seconded by Council Member Bates. The motion passed with all members present voting aye. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25,2016 Item No. 18—Ordinance No. 2016-43 Introduction; Council Salary The Ordinance was withdrawn by staff. Item No. 19—Ordinance No.2016-48 Introduction;Medical Marijuana City Clerk Ackroyd Howe read Ordinance 2016-48 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, related to medical marijuana dispensaries amending the Land Development Code of the City of Clermont by amending Section 82-12, "Land Use Definitions" providing for definitions of marijuana and marijuana dispensaries and amending Section 122-264 "M-1- Conditional Uses" providing medical marijuana dispensaries shall require a Conditional Use; setting forth standards and regulations for medical marijuana dispensaries; and providing for conflict, severability, codification and an effective date. Council Member Mullins moved for introduction of Ordinance 2016-48; seconded by Council Member Travis. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:25pm. APPROVED: Gail L. Ash, ayor ATTEST: Jt011/740 TracyAckroyd Howe,City Clerk 9