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01-22-2019 Regular Councl City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2019 The City Council met in a regular meeting on Tuesday, January 22, 2019 in the Clermont City Council Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Brishke,Travis, Bates, and Goodgame. Other City officials present were City Manager Gray,City Attorney Mantzaris,and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Helmut Michelson gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Steve Hanna, 1251 Fran Mar Court, Chain of Lakes Foundation, reported on the lake clean up held last Saturday and will be held again for Earth Day on April 20, 2019 as well as later in the year. Mr. Hanna inquired about a dock or pier along Waterfront Park.City Manager Gray replied a dock is a part of the plan to have boats docking in downtown on the water front. A public meeting will be held on design updates around the end of February. Mayor Ash thanked Mr.Hanna for the cleanup. Charlene Forth, 939 W. Desoto Street, stated she attended the Martin Luther King, Jr. Day event at the waterfront and provided compliments towards the event held. Mrs. Forth commended Chief Broadway for his statement to the crowd and expressed appreciation. REPORTS City Manager Gray reported on the unveiling of Dr. Martin Luther King, Jr. Boulevard on Martin Luther King,Jr.Day.Chief Broadway was the city's representative at Waterfront Park on Martin Luther King,Jr. Day. Mr. Murry and Mr. Montgomery will be working with the event staff to organize next year's event. The State of the City will be held on Thursday at the City Center and will start at 7:30am with the presentation at 8:00am. The first Charter Review Committee will be meeting on January 29, 2019 at 10:00am in the Council Chambers. The committee meeting will be opened to the public. There are a few changes to the agenda with items 6, 7, 8,and 9 being tabled to May 14,2019. Item No.6—Utility Service Agreement Council Member Goodgame moved to table the Utility Service Agreement to May 14, 2019; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.7—Ordinance No.2018-36,Final, Olympus PUD Rezoning City Clerk Howe read Ordinance No.2018-36 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 Bates moved to table Ordinance No.2018-36 to May 14,2019; seconded by Council Member Travis.The motion passed with all members present voting aye. Item No.8—Ordinance No.2018-35,Final, Olympus Annexation City Clerk Howe read Ordinance No.2018-35 aloud by title only. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2019 An Ordinance of the City Council of the City of Clermont,Lake County,Florida,providing for the annexation of a certain parcel of land in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014; providing for an effective date, severability,recording,and publication. Council Member Bates moved to table Ordinance No.2018-35 to May 14.2019:seconded by Council Member Travis.The motion passed with all members present voting aye. Item No.9—Ordinance No.2018-34,Adoption, Olympus CPA City Clerk Howe read Ordinance No. 2018-34 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 Council Member Bates moved to table Ordinance No.2018-34 to May 14.2019:seconded by Council Member Travis.The motion passed with all members present voting aye. City Attorney Mantzaris— No report. Council Member Bates—No report. Council Member Goodgame—No report. Council Member Brishke reported on Friday, January 18, she attended the South Lake Chamber of Commerce breakfast where they discussed Pig on the Pond which will take place on March 8 through March 10 of 2019. On January 19,she attended Joe Affrunti's funeral service who was the owner of Corelli's. Council Member Travis reported yesterday she attended the Martin Luther King, Jr. unveiling of the honorary signage. Mayor Ash reported on January 9, she attended the ribbon cutting of the new Chick-fil-a at Hammock Ridge. On January 17, she attended a meeting of the South Lake Homeless Task Force which addressed 2018 accomplishments and goals for addressing homelessness in 2019.On January 18, she was at the Arts and Recreation Center attending the graduation of Police Officers from the Southern Police Institute Command Officers' ten week course. The City of Clermont had 4 graduates, Sergeant Malcolm Draper, Josue Martinez, Oscar Razo and Jason Sayre. On January 19, she attended the Coffee and Conversation with the Mayor at the new Clermont Café on Montrose where she distributed lists of new and upcoming businesses. At the end of the discussions,people from Orchard Heights presented her with a gift in honor of her re-election as Mayor.On Martin Luther King,Jr.Day,she attended the unveiling of the new Martin Luther King, Jr sign. This morning, she attended the Lake Apopka Gas Board to review finances of the company with reports on gas contracts provided. 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2019 Item No. 1 —Meeting Minutes Consider approval of the November 27, 2018 and December 11,2018 Council Meeting minutes. Item No. 2—Surplus Request Consider approval to declare end of life inventory as surplus from various departments and dispose of in accordance with the purchasing policy. Item No.3—Scope of Services Consider approval of professional electrical, landscape and irrigation design services for Phase 2 of the Downtown Waterfront District Project with BESH Engineering, INC., in the budgeted amount of$57,847. Item No. 4—Special Event Request Consider a request to grant 10 open-air events with a temporary structure for 2019 at the Stormy Hill Harley-Davidson located at 2480 S.Highway 27. Item No. 5— Resolution No. 2019-03R Consider approval of resolution allowing the City to conduct bingo games at Kehlor Park. Council Member Goodgame moved to approve the Consent Agenda:seconded by Council Member Travis.The motion passed with all members present voting aye. NEW BUSINESS Item No. 10—Bid Award and Budget Amendment Public Works Director Brunson presented the proposed construction of the boathouse and reviewed the purpose, location, challenges, and history. The existing floating docks were severely damaged during Hurricane Irma with the shoreline adjacent to the floating docks washed out due to wave action.The rowing team requires a small ramp for launching john boats used by the coaches and sailboats used by the sailing club.The next steps are to construct new floating docks with a more resilient design and material,construct a seawall to restore and protect the shoreline adjacent to the docks,and construct a small ramp west of the docks to be used for coach launches and for sailing club sailboats. Staff recommended approval of the bid award to Midcoast Construction Enterprises, LLC to provide construction of the sea wall, dock and boat launch at the Rowing Boathouse in the total amount of$396,500 and a budget amendment in the amount of$167,644. City Manager Gray stated the City has submitted for FEMA reimbursement of$305,000 and is currently working with the rowing club. Council Member Goodgame inquired about funding from Lake County. City Manager Gray stated the project is a partnership with Lake County's Tourism Development Council who put in$350,000. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Brishke inquired about the material to be used. Public Works Director Brunson stated pylons will be installed to assist with durability of the docks and ramps. Council Member Travis inquired about permitting. Public Works Director Brunson stated the City is waiting on the Department of Environmental Protection to issue the permits. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2019 Mayor Ash inquired about the budget.City Manager Gray replied all,but$167,644 is budgeted and is being allocated from the Recreation Impact Fees. Council Member Bates moved to approve Consent Agenda item 10: seconded by Council Member Brishke.The motion passed with all members present voting aye. Council Member Brishke inquired about the expected completion date. Public Works Director Brunson stated six to eight weeks. Item No. 11—Short Term Vacation Rentals Economic Development Director Schmidt presented Florida State Statutes which allows for cities to place regulations on short term rentals but does not allow for cities to prohibit them.She reviewed the community concerns, regulations from other governmental agencies, findings, the proposed process, and staff's recommendation. There are currently over 100 properties within the city limits on various interne sites. High prevalence of rentals of rooms within single family residential zoning areas with many properties having over 200 stays with comments. Staff recommended to create a process which requires to register with the City and a business tax receipt for the City and the County. Mayor Ash opened the Public Hearing. Jim Purvis,4206 Hammersmith Drive,inquired about Homeowner Association's possible requirements and urged further discussion. City Attorney Mantzaris stated the anticipated ordinance would address safety issues. Steve Hanna, 1251 Fran Mar Court,inquired about current regulations.City Manager Gray replied the City does not currently have any regulations to prohibit short term rentals. City Attorney Mantzaris stated the City has been relying on the conversion of the homes which are built for single or multi-family purpose becoming a code enforcement issue.The Ordinance would make it easier for the City to ensure properties are being used as permitted. Mayor Ash closed the Public Hearing. Mayor Ash asked about the City's position to compel people to register.City Attorney Mantzaris stated the matter would become a code violation where a penalty would be issued. Council Member Travis inquired about currently enforcing the matter through Code Enforcement as violation of zoning. City Attorney Mantzaris stated the matter would currently be enforced through Code Enforcement. Mayor Ash recommended staff draft the ordinance for the Council's further discussion. Council Member Bates inquired about Homeowner's Association's rights. City Attorney Mantzaris stated it depends on the Homeowner's Association's regulations but older subdivisions probably do not currently have language in their regulations which becomes difficult for the Homeowner's Associations to put in restrictions. At which point the matter becomes an enforcement issue for the City to enforce. City Manager Gray stated he will follow Council's direction and put together an ordinance to return to Council for further consideration. Item No. 12—Code Enforcement Liens City Manager Gray stated the matter was discussed previously at the last workshop and Council asked staff to return the matter to Council. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22,2019 Ryan Langley submitted and reviewed his proposal which indicated his request for 30 days to resolve the code violation. Upon agreement, the subject property will close in 5 days and payment of$20,000 would be provided to the City with work beginning immediately to repair the code violations. Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing. City Attorney Mantzaris stated the Council discussed at the workshop the process to close on houses with liens in the City.The code violations for this property goes back to 2009. Since 2009,the property has had 3 different owners.The current owner of the property is a private mortgage holder. In 2012,WT Holdings who financed the purchase of the property through the current owner bought the property. As a result,the foreclosure lien process would become more complicated due to the age of the liens and the transfer of ownership.The foreclosure process is possible but not as viable. Mayor Ash inquired about the current lien amount. Development Services Director Henschel stated the total lien was$612,000. Council Member Travis inquired about the value the property is being purchased at.Mr.Langley stated the current purchase price is$78,000. Council Member Travis inquired about the purchase money note in 2012. City Attorney Mantzaris stated the purchase money note was for$55,000. Council Member Brishke inquired about the stability of the house for renovations. Mr. Langley stated he has checked and the property is structurally sound. City Attorney Mantzaris clarified Mr.Langley would be willing to pay$20,000 at closing in exchange for the City's liens and claims. If the City takes the proposed amount and the lien is released,the only option should Mr.Langley not correct the violations would be to initiate a new code enforcement action.When he closes on the property, he will have to have the City's liens satisfied in exchange for the $20,000 so the City will not have any rights to foreclose on the property unless new liens are issued and the process restarted. Council Member Travis inquired about the possibility should the closing not go through. City Attorney Mantzaris stated the property would go back to the state as it is currently in with the City. Council Member Goodgame moved to move forward with Mr. Langley's proposal; seconded by Council Member Bates.The motion passed with all members present voting aye. Item No. 13—Ordinance No.2019-10,Introduction,MSTU City Clerk Howe read Ordinance No.2019-10 aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida adopted pursuant to Section 125.01(1)(q), Florida Statutes (1999), Consenting to the inclusion of the City of Clermont, Florida, within the county-wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners of Lake County,Florida;providing for the City to be included within said Municipal Service Taxing Unit for a specified term of years; providing for severability,effective date and publication. Council Member Bates moved to introduce Ordinance No. 2019-10; seconded by Council Member Goodgame.The motion passed with all members present voting aye. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 22, 2019 ADJOURN: With no further comments,this meeting adjourned at 7:37pm. APPROVED: Gail L. Ash,Ma r ATTEST: Tracy Ackroyd Howe, City Clerk