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05-23-2017 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Clermont City Council met in a regular meeting on Tuesday, May 23, 2017 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, Travis and Goodgame. Other City officials present were: City Manager Gray, City Attorney Mantzaris, and Acting City Clerk Noak. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Bond gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Ash read the Mayor's Election Proclamation aloud. PRESENTATIONS Swimming for Life Jim Harrison was unable to be present. Navy Sea Cadet Program Update Mayor Ash introduced Clermont Battalion Commanding Officer Schindele. Mr. Schindele stated there are 27 Cadets in the Unit, 14 adult instructors, and the support of surrounding community veterans. The first meeting was held in January 2017 and a video was shared of the Cadets' training sessions. Mr. Schindele brought the Clermont Battalion forward and thanked the City Council, Police Chief Broadway, and the Parks and Recreation Department for their support. Fiscal Year 2016 Annual Financial Report Finance Manager Smith-Castillo commented the State of Florida required an annual audit of municipal financial records and introduced Tammy Campbell with the auditing firm McDirmit—Davis, who presented the audit results. The Independent Auditor's Report was unmodified, which is the best opinion a municipality can receive and their assessment indicated a favorable overall financial condition. PUBLIC COMMENTS Sterling Frey; 1647 First Street, commented snipe signs are still a problem and requested the Council hold a workshop to discuss the matter. City Manager Gray indicated a workshop on snipe signs could be held later in the fall as the Council has prior commitments for the upcoming months. Mr. Gray stated the City continues to pick up signs and extra personnel have been asked to assist in removing signs. Mr. Frey inquired if City Attorney Mantzaris attended City Council workshops. City Attorney Mantzaris commented he attends workshops at the request of the City Council and the City Manager. Mr. Frey commented there were legal aspects to the snipe signs and City's ordinance was not being enforced. City Manager Gray stated the ordinance could be discussed at a workshop. The City is enforcing the ordinance. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Mr. Frey asked of the number of fines which have been filed and collected. City Attorney Mantzaris stated snipe signs are a difficult enforcement issue. The majority of snipe signs are placed on public property and, from the Code Enforcement prospective, you would be initiating a case against the governmental agency who owns the property. The City has issued citations and collected fines. Council Member Mullins asked of using an anti-littering ordinance. City Attorney Mantzaris commented snipe signs are complicated and the most effective way to handle the signs is to have staff members pull them as soon as possible. Allison Strange; PFX Athletics, invited everyone to attend an event hosted by PFX Athletics for the National Association of Intercollegiate Athletics College World Series at Waterfront Park beginning at 5:30pm on Thursday,May 25,2017 at 5:30pm. REPORTS City Manager Gray—No report. City Attorney Mantzaris—No report. Council Member Bates—No report. Council Member Goodgame—No report. Council Member Mullins reported the Lake Emergency Management Services Board met to discuss the consultants' report on ways to deliver ambulance service to the citizens of Lake County. Council Member Travis thanked the Clermont Police Department, Lake County Sheriff's Department, and the Parks and Recreation Department for their services during the Ride of Silence. Mayor Ash reported she attended the City Staff Recognition Breakfast, the Lost Lake Elementary School event honoring volunteers, the Caribbean American Association Mother's Day Dinner, the Belk's National Police Week event, met with two juniors who were applying for scholarships, held Coffee with the Mayor at Lou's Place, attended the Lake Apopka Natural Gas Board Meeting, and attended the Police Officer Swearing-in Ceremony for Officers Rappoport and Lane. Ms. Ash met with a business owner to discuss issues currently facing downtown businesses and the impact of future development. 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 —Surplus Property Consider request to declare end of life inventory as surplus from the Information Technology Department and dispose of in accordance with the Purchasing Policy. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Item No. 2—Force Main Easement Agreement Consider approval of the purchase of an easement located at 1040 12' Street at Lift Station 5 to make improvements to the lift station force main. Item No.3—Grant Agreement Consider approval of grant agreement with the State of Florida Department of Environmental Protection Land and Water Conservation Fund in the amount of $200,000.00 for the Victory Pointe Project. Item No.4—Resolution No.2017-24 Consider approval of resolution allowing the Florida Division of Cultural Affairs Cultural Facilities City to apply for the Florida Division of Cultural Affairs Cultural Facilities Grant Program for the City Hall Park Plaza Project in the amount of $500,000.00. Council Member Goodgame moved for approval of the Consent Agenda as presented; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Items 5 and 6 were heard consecutively and voted on separately. Item No.5—Resolution No.2017-21, The Barn Brewery Conditional Use Permit Acting City Clerk Noak read Resolution 2017-21 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 an onsite brewery, food service establishments,and other retail uses to occupy more than 3,000 square feet of floor space in the Central Business District. Item No. 6—Variance Request, The Barn Brewery Planning Manager Henschel presented the request to enlarge an existing building by approximately 1,000 square feet for a proposed restaurant and brewery located at 750 West Desoto Street. The applicant is requesting a parking variance to allow on-site parking for only four vehicles. Desoto Street has approximately 19 on-street parking spaces and is adjacent to the proposed site. The public parking lot is located approximately 140 feet from the site. Staff believed the project meets the intent of the Land Development Code and recommended approval of the Conditional Use Permit. The Planning and Zoning Commission voted 3 to 1 to recommend approval. Staff recommended approval of the variance request. Darren Johnson; Applicant, 1075 West Lakeshore Drive,was present. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins commented a neighbor north of the site was opposed to the proposed use due to potential trash spilling onto their property. Mr. Johnson indicated the property had been vacant for two years and felt the trash came from individuals who had been parking at the site. Council Member Mullins expressed concern of music affecting the residential area. Mr. Johnson indicated the business would close at 11:00pm. Council Member Bates moved for approval of Resolution 2017-21; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Planning Manager Henschel clarified the staff recommendation for the variance. Staff recommended approval of the variance request with the condition the variance ceases to exist when the business vacates the premises. Council Member Goodgame moved for approval of the parking variance limited to the establishment; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 7—Variance Request,Lot 11 Indian Shores Senior Planner Kruse presented the request to allow for a front yard setback of 25 feet to construct a single-family residence. The owner indicated multiple variances have been granted throughout the subdivision to allow larger homes to be built. Staff has confirmed roughly half the lots in Indian Shores have received variances for a 25-foot front yard setback. Staff recommended denial of the variance request. Jim Grayford; Grays Services, LLC., was present. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins inquired if he would be occupying the residence. Mr.Grayford stated the house is a spec home. Council Member Mullins asked if the homes to the east and west had the reduced setbacks. Mr. Grayford indicated the homes did not have the reduced setbacks; however, visually the proposed setback would be unnoticed. Council Member Mullins commented it was a large house for the lot size. Council Member Bates moved for approval; seconded by Council Member Goodgame. The motion passed with all members present voting aye. 4 City,of Clermont MINUTES REGULAR COUNCIL MEETING May 23,2017 Item.No.8—Waterfront Park Concession and Rental Services City Manager Gray,stated Mr.Tim Engle was not present. Mr. Engle was aware of the hearing and City Manager Gray asked if the Council wishedto proceed with.hearing the proposal. Mayor Ash inquired if Mr. Engle had a representative present. There was no representative. Council Member Bates was not opposed to tabling the proposal. City Manager Gray stated it would be better for Mr. Engle to be present. Council Member Travis was opposed to delaying due to packed future agendas. Ms. Travis commented every Tuesday the Council has a workshopor meeting and the Council's calendars are full. The City gave notice and did everything possible. Council Member Bates agreed with Ms.Travis;however,preferred to table the proposal. Council Member Mullins inquired if the business was open. Council Member Travis stated the business was not operating,which was part of the problem. City Manager Gray commented there is no current agreement and the prior agreement had expired. Mayor Ash stated"she was surprised Mr.Engle was not present after all he had posted on Facebook. Council Member Travis commented the Facebook postings may be why Mr. Engle was not present. Mayor Ash stated notice was provided and asked of the normal procedure. City Attorney Mantzaris commented there-was not a:.consensu-s to continue, and unless someone wants to make a motion to continue;then theproposal would be heard. Council Member Mullins commented he was willing to give Mr. Engle another opportunity. Council Member Mullins moved to table to the next meeting; seconded by Council Member Goodgame. Mayor Ash.was opposed to postponement. Mr. Engle knew the meeting was being held and he has dragged on for a year about not signing the contract. Mr. Engle has created furor in the community. Council Member Travis stated defacing the City through Facebook was unconscionable. Ms. Travis commented Mr. Engle should not be provided another chance and he had been notified he should be present. Mayor Ash stated the motion was to table to the next meeting. Council Member Mullins suggested if the June 13, 2017 meeting was busy, table the proposal to June 27, 2017. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 City Manager Gray commented there were no advertising requirements for the proposal and he could speak with Mr.Engle and place the item on an agenda which works best for the Council. Mayor Ash objected to postponement as Mr. Engle was aware of the meeting, he had put the City off for over four months without recognizing the contract provided to him and negotiated by the City, and he has attacked the City. Council Member Travis commented on the total disrespect to the City and stated Mr. Engle should have been present. Council Member Mullins was in agreement with Council Member Travis. Council Member Travis stated if Mr. Engle cared about his business,he would be present. Mayor Ash commented regardless of what the Council action is,Mr. Engle will slam the City again. Mayor Ash stated the motion was to delay the proposal. City Attorney Mantzaris commented the motion was to table to the next meeting. Council Member Mullins withdrew the motion to table. Council Member Goodgame was in agreement with withdrawing. Mayor Ash stated the motion was withdrawn. Mayor Ash inquired if the Council needed to make a motion to deny. City Attorney Mantzaris commented the proposal had not been heard and inquired if Council would like to hear the proposal. Mayor Ash stated the proposal would be heard and Council would vote on the proposal. Parks and Recreation Director Davidoff presented the proposal. Request for Proposal 13-016 was issued on May 16, 2013 and was awarded to Clermont Waterfront Bikes and Boards for two years with 3 one year renewals at the option of the City. The original contract expired on August 12, 2015 and at the option of the City, was renewed for one additional year,which ended on August 12, 2016. The Purchasing Department issued another Request for Proposal for recreational services, which closed on September 8, 2016. The Request for Proposal was issued following requests from residents and businesses wanting to have additional businesses and rentals on the waterfront. Clermont Waterfront Bikes and Boards submitted a response. The Purchasing Department issued an award recommendation on November 23,2016; however,the agreement was not executed by the respondent. After several weeks of little to no communication, Clermont Waterfront Bikes and Boards asked the City to revise the terms of the agreement, including a request for a 10-year term. Staff reviewed other current agreements with entities at Waterfront Park and proposed a revised contract which included a monthly rental payment to the City of$300.00 plus applicable taxes, and a 3-year lease with no renewal option. The agreement terms are in line with Kona-Ice, who has been under contract with the City since September 2015 and does not reside in a City facility. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 The original agreement between the City and Clermont Bikes and Boards had been in place since August 2013 and expired August 2016. The City received a total of$1,843.72 during the term of the agreement and has incurred expenses totaling$12,343.27. Mayor Ash asked if the contract included a renewal clause. The contract does not include a renewal clause. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. City Attorney Mantzaris stated the contract has a 90-day termination provision without cause, so although it has a 3-year term,the City Council could terminate upon 90-day notice at any time for any reason. Council Member Mullins was in agreement with the previous comments of Council. Mr. Engle has trashed the City and made libelous accusations against the City Manager and City Council. Mr. Mullins commented on not wanting to enter into a contract with a person of such character. Council Member Travis agreed with Council Member Mullins. Council Member Bates agreed with the Council comments. Mr. Bates stated he was displeased with how Mr. Engle handled the situation and had met with Mr. Engle a few times regarding the contract. Mr. Bates stated he had expressed his opinion to Mr. Engle similar to Council comments. He expressed disappointment of Mr. Engle not being present to provide his side. Mr. Bates commented there was a need for the service, whether by Mr. Engle or another entity. He stated it appeared the decision was already made. Council Member Bates asked if there were others interested in providing this type of rental service. Parks and Recreation Director Davidoff stated when the bid was sent out there were a number of people who contacted the City and expressed interest; however, no other individuals submitted a proposal. Mr. Davidoff commented a number of businesses have contacted the City, although it is unknown if any desire to provide a similar service. Council Member Travis stated the City is hoping someone will rent a building downtown and bring the service to the water front. Council Member Travis commented Bikes and Boards was never open. Council Member Bates stated he heard complaints of the business being closed. Council Member Mullins suggested if Lilly's on the Lake cannot handle the volume, then the City should send out another Request for Proposal. Council Member Bates was uncertain if the current location was appropriate. Mayor Ash commented the service does not have to be in the current structure. Council Member Travis indicated the structure was not the best location. Lilly's on the Lake was not opposed to allowing the service to operate from their location; however, the owner of Lilly's did not want to work with Mr. Engle. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Council Member Mullins commented Mr. Engle wanted the City to remove the Historical Society from the Depot and allow the business to be run from the Depot. Council Member Bates asked if Lilly's on the Lake desired to run a similar business. City Manager Gray stated the Lilly's on the Lake Conditional Use Permit allows for the operation of a rental business. He commented three years ago when Council Member Bates brought Mr. Engle's proposed operation to his attention, the City was not using the structure. The structure will eventually be demolished. The location was not ideal, which was known upfront by the City and Mr. Engle. The majority of businesses and events will be located in the Victory Pointe area near the new boathouse, new park, and Lilly's on the Lake. The City was not seeking to have a rental operation; however, decided to provide the opportunity of the service for the residents. City Manager Gray stated should the City desire to have another Request for Proposal, he suggested waiting until Victory Pointe is complete. The City had communicated with Mr. Engle and suggested he work with Economic Development Director Schmidt to find a vacant building downtown and the City could have a designated area on the waterfront to launch the boards. Mr. Engle desires to remain in the current location and eventually move into a City facility at Victory Pointe; however, the City currently does not have a facility to house the rental operation. Mayor Ash pointed out over a 3-year period Mr. Engle paid the City $1,843.72, which was 5 percent of his sales. Ms. Ash commented even if the business was in a poor location, Mr. Engle was making $11,000.00 to $12,000.00 annually and paying the City$50.00 a month. Council Member Bates commented there was no one using the building at the time and there was a need for the service. Mayor Ash stated the impression was he had been paying the City a lot of money. Council Member Travis pointed out there was no permit for swimming at the location. City Manager Gray commented launching could occur from the location; however, there was no swimming permit. Council Member Mullins stated the paperwork indicated he was selling snacks and beverages and asked if the snacks and beverages were sold in the past. Parks and Recreation Director Davidoff commented Mr. Engle was selling bottled water. Council Member Mullins asked of any vendors selling snacks and beverages for the summer. Parks and Recreation Director Davidoff stated Kona Ice was located at Waterfront Park in front of the splash pad and sells water, ice,Gatorade, and other beverages. Council Member Bates expressed concern of glass at the location. Mayor Ash commented Mr. Engle never complained about glass until recently. Council Member Bates was in agreement with Mayor Ash. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Mayor Ash stated it was posted on Facebook the glass had been ongoing for years. Council Member Bates indicated he heard of the glass only recently. Mayor Ash stated the City immediately roped off the area and staff clear out the beach once the City was made aware of the glass. Council Member Travis indicated with the water level down, glass is surfacing on the water front. Council Member Travis moved to deny Item 8; seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Bates in opposition. Council Member Bates stated he preferred Mr. Engle be provided the opportunity to be in attendance. Item No.9—Fee Reduction Request,PFX Athletics—2017 Spring Games Parks and Recreation Director Davidoff stated in November 2016 the City Council considered the 2017 Spring Games as a community partner event. PFX Athletics was granted 50 percent off the total cost of field rentals. The City of Clermont spent $364,700.00 on facility improvements at Hancock Park and PFX Athletics provided additional enhancements at Hancock Park valued at $28,630.95. PFX Athletics facility fees for the 2017 Spring Games were$22,060.00. The City incurred additional costs of$6,357.00 for facility porters at the 2017 Spring Games. PFX Athletics submitted a request to credit the$28,630.95 toward future facility rentals, the City to provide use of Hancock Park for Spring Games at no charge, and the City pay the PFX Athletics $7,256.25 invoice for the field maintenance expenses incurred. Allison Strange was available to address any questions. City Manager Gray stated if the City honors the prior agreements with PFX Athletics and offers the 50 percent reduction of field rental fees, the reduction would amount to $11,030.00. Staff recommendation is to include the field porters fee of$6,357.00 and the $7,256.25 field maintenance. The total amount is $24,643.25, and give a credit to PFX Athletics for their expenses. PFX Athletics would have a credit of $3,987.70 which would be applied to next year's games. Allison Strange; PFX Athletics,proposed two other options: Option 1: A partnership with PFX Athletics for the Spring Games as a signature event with a long term agreement, no money provided to PFX Athletics and the cost of the use of Hancock Park would be at no charge to PFX Athletics for the operation of the Spring Games. Option 2: Continue with annual agreements for the 50 percent reduction for the field rentals and credit the expenses incurred in 2017 for the facility enhancements. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins moved to accept staff recommendation to accept services in lieu of cash and giving a credit coming forward, and will work out future negotiations during the budget workshop; seconded by Council Member Bates. The motion passed with all members present voting aye. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2017 Item No. 10—Ordinance No.2017-24,Introduction—The Vue Planned Unit Development Amendment Acting City Clerk Noak read Ordinance 2017-24 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. Council Member Mullins moved for introduction of Ordinance 2017-24; seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 7:50pm. APPROVED: Gail L. Ash,Mayor ATTEST: ' ♦ Tracy Ackroyd Howe,City Clerk jf L. /44 r ,fir tr 10