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07-23-2019 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2019 The City Council met in a regular meeting on Tuesday, July 23, 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, Bates and Travis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. Absent: Council Member Goodgame INVOCATION AND PLEDGE OF ALLEGIANCE Drew Marshall gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Joe Briggs, President of the Historic Society,thanked Council for the roof repair of the Townsend House. REPORTS City Manager Gray requested items 10, 15, and 16 be tabled to August 13, 2019 and item 18 be tabled to September 10,2019. Item No. 10—Resolution No. 2019-17R,Blessed Sacrament Catholic Church City Clerk Howe read Resolution No. 2019-17R 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 an overflow vehicle parking lot in the M-1 Industrial Zoning district. Council Member Bates moved to table Resolution No. 2019-17R to August 13; seconded by Council Member Brishke. The motion passed with all members present voting aye. Item No. 15—Variance Request, 1230 Ryan Street Council Member Brishke moved to table the variance request to August 13; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 16—Variance Request,Goodman Commerce Center Council Member Bates moved to table the variance request to August 13; seconded by Council Member Brishke. The motion passed with all members present voting aye. Item No. 18—Ordinance No. 2019-28,Final City Clerk Howe read Ordinance No. 2019-38 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 122 Zoning, Article V Supplementary Districts, Section 360 Vacation Rental License Regulations; providing for codification; severability; effective date; and publication. Council Member Bates moved to table Ordinance No. 2019-28 to September 10; seconded by Council Member Brishke. The motion passed with all members present voting ave. City Manager Gray requested the second meeting in November be rescheduled to November 19, 2019 to swear in seats 2 and 4. City ref Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2019 Council Member Bates motioned to move the November 26, 2019 Council Meeting to November 19, 2019; seconded by Council Member Brishke. The motion passed with all members present voting aye. City Attorney Mantzaris— No report. Council Member Bates inquired about coyotes in the City. City Manager Gray replied the City has not received a complaint this year but staff will contact Florida Wildlife. Council Member Brishke reported on Friday,July 19,she attended the Chamber of Commerce breakfast at Bella Collina. The presentation was a panel discussion with the City of Mascotte's City Manager and the Mayor of Montverde. Council Member Travis—No report. Mayor Ash reported she attended the monthly Coffee with the Mayor at Clermont Brewing Company with 35 attendees and talked about upcoming businesses,events,and special occasions. 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 July 09, 2019 Council Meeting minutes. Item No. 2—Bid Award Consider award to Leisure Craft, Inc.to purchase park benches, bike racks, and trash cans in the estimated budgeted annual amount of $65,407.50. Item No.3—Plat Approval Consider plat approval for Waterbrooke Phase 2 for 145 residential lots. Item No. 4—Plat Approval Consider plat approval for Waterbrooke Amenities Center. Item No. 5—Plat Approval Consider plat approval for Crestview Subdivision for 119 single family lots. Item No. 6—Interlocal Agreement Consider transfer of jurisdiction from Lake County to the City for a portion of Hunt Street right-of-way located south of SR 50 and west of Citrus Tower Boulevard. Item No. 7—School Resource Officer Agreements Consider agreements with the School Board of Lake County and the Education Charter Foundation of Florida to provide one Police Officer per school at Lost Lake Elementary School, Cypress Ridge Elementary School, Clermont Elementary School and South Lake Imagine Charter School. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2019 Council Member Bates moved to approve the Consent Agenda; seconded by Council Member Brishke. The motion passed with all members present voting aye. UNFINISHED BUSINESS The next two items were heard concurrently and voted on separately. Item No. 8—Variance Request,Clermont Brewing Company Item No. 9—Ordinance No.2019-34,Final, Clermont Brewing Company City Clerk Howe read Ordinance No. 2019-34 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning a portion of Desoto Street as shown in the Official Map of the City of Clermont according to the plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida and described herein as shown below; providing for severability, publication and for an effective date. Development Services Director Henschel presented the variance and vacation request. The applicant is requesting for a retaining wall to exceed the six-foot height requirement by the City's Land Development Code by one foot for a total proposed height of seven feet.The subject property is located at 750 W. Desoto Street and is located in the Central Business District. A one-foot variance would allow the wall to remain as built. Staff recommended approval of the variance request. A right-of-way vacation is being requested with the variance request as a final survey revealed the steps to the new building were erroneously placed within the Desoto Street right-of-way. In an effort to properly address the situation,the most effective way is to vacate this portion of the right-of-way. Staff recommended approval of Ordinance No. 2019-34. Mr. David Wallace was present on behalf of the applicant and thanked the Council for their efforts. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Travis moved to approve the variance request; seconded by Council Member Brishke. The motion passed with all members present voting aye. Council Member Bates moved to approve Ordinance No. 2019-34; seconded by Council Member Brishke. The motion passed 4 to 0 on a roll call vote. NEW BUSINESS Item No. 11 —Board Appointment City Manager Gray stated Board Member Cuqui Whitehead resigned from the Planning and Zoning Commission with her term being unexpired. An individual will need to be appointed to the vacant seat to serve the remaining time. There are currently five residents who submitted requests to serve the unexpired term. Mayor Ash inquired if the interested parties would like to address the Council. John Higgins, 2349 Hempstead Avenue, provided a brief background of his experience and expressed interest for consideration for the vacant seat. Bob Wade, provided a brief overview of his background and expressed interest to have the opportunity to do something for the City. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2019 City Manager Gray clarified the interested parties were not required to attend tonight's meeting. Council Member Travis expressed support for Mr. Murry. Council Member Travis moved to appoint Tim Murry to the vacant seat; seconded by Council Member Bates. The motion passed with all members present voting ave. Item No. 12—Clermont Historical Society Agreement City Manager Gray stated the City has an agreement with the Clermont Historical Society for the Historic Village. The village is owned by the City but the contents are owned by the Historical Society. The agreement allows the Society to run and operate the village as well as sublease the depot out with getting the City involved. Ideas have come up to use the train depot as a possible rental facility or as a gift shop with concessions. The City staff has discussed the matter with the Historical Society. They expressed the desire to keep running the depot and have it under their control. The Council previously asked to put the matter back on an agenda to discuss to give staff direction on how to move forward.The existing agreement can be cancelled or changed any time with or without cause. Donna DiGennaro read a statement aloud and provided a copy of the statement to the Council. Roxanne Brown,works at the Historic Village,requested and expressed support for keeping the partnership between the City and the Clermont Historical Society. Joe Briggs. President of the Clermont Historical Society, expressed support for keeping the partnership between the City and the Clermont Historical Society. Larry Rescoe, 1139 W.Lakeshore Drive,on the board of the Historic Village,expressed support for keeping the partnership between the City and the Clermont Historical Society. Micki Blackburn Nagel, 10924 Lake Minneola Shores, expressed support for keeping the partnership between the City and the Clermont Historical Society. Charlene Forth, 939 W. Desoto Street, inquired about how the topic was initiated. City Manager Gray replied the community requested the Council look into the matter. Charlene Forth,expressed support for keeping the partnership between the City and the Clermont Historical Society. Judy Kunzler Combs, expressed support for keeping the partnership between the City and the Clermont Historical Society. Marilyn Paone,2520 Squaw Creek,expressed support for keeping the partnership between the City and the Clermont Historical Society. Jim Purvis,4206 Hammersmith Drive,expressed support for keeping the partnership between the City and the Clermont Historical Society. Libby Hanna, 1251 Fran Mar Court, expressed support for keeping the partnership between the City and the Clermont Historical Society. Larry Oskin, 3500 Windansea Court. thanked City Manager Gray, Council Member Goodgame and Communications Director Deen for their support of the village and expressed support for keeping the partnership between the City and the Clermont Historical Society. Mayor Ash clarified the Council is not discussing closing the Historic Village. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2019 Council Member Bates requested for clarification of the request before the Council. City Manager Gray clarified the request which came before the Council is if the City wanted to operate the train depot and expressed the belief the request came from residents who were here when the train depot was a barbeque restaurant where people could have lunch. Council Member Bates inquired if the Society has put effort into making the train depot a revenue source. Council Member Travis suggested donations be taken for the Historical Society if the City does place someone permanently in the train depot. The theory was to sell historic items like the Citrus Tower with the proceeds going towards Historic Village. Council Member Bates inquired about the cost of building an office add-on to the train depot.City Manager Gray stated the cost has not been looked into but can be. Mayor Ash expressed opposition to having structures in the Historic Village which are not historic. Council Member Brishke expressed opposition to making changes to historic structures.City Manager Gray stated the matter was initiated by the citizens. The Historic Society has attempted to sell water, snacks and items previously but did not work. As a result, citizens suggested the City to take over the efforts and enhance the train depot. No one wants to cancel the agreement. Council Member Brishke expressed support for leaving the agreement as is due to the Historical Society taking good care of the property. Mayor Ash stated over the years there have been many meetings where citizens and members of the Historic Society have complained about the conditions of the buildings or items stolen from the Historic Society. Every structure in the Historic Village belongs to the City of Clermont. The contents in the buildings were donated from individuals to use in the structures. If there is a problem with complaints to the City,then that alludes to a problem that the City needs to address. Council Member Bates suggested using rooms at Victory Pointe to run concessions. City Manager Gray stated there is not a lot of room for a concession. Council Member Brishke suggested having the items for the train depot be offered downtown to drive the people into downtown. City Manager Gray stated the people at the Historic Village do send people downtown all of the time. Council Member Bates suggested to talk with the Historical Society about their previous efforts to sell items at the Historic Village and to allow the Historical Society to try it again but with help from the City this time. City Manager Gray stated if the Council wants to change the agreement, then staff can bring the revised agreement to the Council for approval. Council Member Bates suggested leaving the agreement alone and talk more with the Historical Society. Mayor Ash expressed support for a trial run of having a third party run the train depot along with the Historical Society to see if everyone benefits. City Manager Gray stated staff can work with the Historical Society and then return to the Council at a later date. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2019 Item No. 13—Resolution No. 2019-16R, Walmart/Avis Rental City Clerk Howe read Resolution No. 2019-16R aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida,granting an amendment to a Conditional Use Permit(Resolution 1316 and 2016-12)to allow for an automotive rental services business in a(PUD)Planned Unit Development Zoning district. Planning Manager Kruse presented the Conditional Use Permit at 1450 John's Lake Road. The zoning is Planned Unit Development with permitted uses that include general retail and grocery sales. The proposed vehicle rental business will have a maximum of five designated parking spaces to park rental vehicles.The rental vehicles will include two pickup trucks,two cargo vans,and one box truck parked on site. All rental services will be conducted via a self-service kiosk and a smart phone. The proposed self-service business will not increase the square footage of the store. The applicant indicated the objective of the self-service rental business is to provide customer and residents the convenience to rent a vehicle to transport big and bulky items. The Planning and Zoning Commission voted to recommend approval. Staff recommended approval. John Wadden, 11500 Preston Way, Orlando, FL, representative of applicant, stated the objective of the request is for green and smart technology offering convenience for the citizens. Mayor Ash opened the Public Hearing. Jim Purvis,4206 Hammersmith Drive,expressed concerns with the application and applicant. Mandy Jones, 12033 Willow Grove Lane, requested clarification on the functionality of the kiosk. John Wadden responded to public comments. There will be an attendant to make sure the rental vehicles are in great condition.This is a self-service product where the customers can use smart phones to link-in to the reservation system.A pilot program has been in place for months with no major glitches and zero stolen vehicles. John Higgins, 2349 Hempstead Avenue,expressed concern with the request. Mayor Ash closed the Public Hearing. Council Member Bates inquired about advertisement and location. Mr. Wadden replied no signage is being asked for and the partnership with Walmart allows them to choose which spaces will be used in their parking lot. Mayor Ash inquired about having some access at the gas station since the parking lot is closer to the gas station. Mr. Wadden clarified the process will be completed entirely by the use of a smart phone. If individuals do not have a smart phone.then they can go to the Budget Rental facility a few miles away. Council Member Bates inquired about the cleaning of the rental cars. Mr. Wadden replied the users will have to take photos when the rental is returned and must be reviewed before the rental is closed out. Council Member Travis expressed support for the request. Council Member Bates inquired about the timeframe. City Manager Gray stated the applicant will be adding the proposed use to the existing Conditional Use Permit and any issues can be addressed through Code Enforcement. 6 C'ity of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2019 Council Member Brishke moved to approve Resolution No. 2019-16R; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 14—Resolution No. 2019-18R,Art District LLC City Clerk Howe read Resolution No. 2019-18R 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 restaurant, retail and art walk uses to occupy more than 3,000 square feet of floor space in the central business district. Assistant City Manager Kinzler presented the Art Walk District project. He reviewed the downtown waterfront district, background of the art walk project, complete concept and design of the Art Walk, finalize sidewalk and parking easements,final cost and requested Council approval.Construction will begin in late 2019 with Phase 1 consisting of shops and restaurants. City Manager Gray stated this is a Conditional Use Permit proposal by Jayson Stringfellow for the Art District. Development Services Director Henschel presented the Conditional Use Permit request to allow a building to occupy more than 3,000 square feet of total floor area in the Central Business District. The applicant desires to construct a new retail building approximately 4,800 square feet, with uses as restaurants, retail sales and an art walk. The proposed uses are permitted within the Central Business District zoning district. Staff recommended approval of the requested Conditional Use Permit. Planning & Zoning Commission recommended approval of the requested Conditional Use Permit. Alex Stringfellow, applicant, expressed excitement about the public/private partnership. Jeff Powell was present for any questions. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates inquired about walkway coverage. Assistant City Manager Kinzler confirmed the walkway will be covered. Council Member Travis moved to approve Resolution No.2019-18R;seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 17—Fiscal Year 2020 Proposed Ad Valorem Millage Rate Assistant Finance Director Brosonski presented information regarding the Fiscal Year 2020 proposed ad valorem millage rate.The ad valorem millage rate is used in calculating property tax revenues,which is the largest single revenue source for the City. The proposed rate will be included in the property tax notices that will be sent to all City residents in August. If the current rate of 4.2061 is approved for Fiscal Year 2020,the proposed General Fund budget will be balanced with no use of reserves for the fourth consecutive year. The projected General Fund reserves at the end of Fiscal Year 2020 will be 25.74 percent of operating expenditures. As an alternate to the current millage rate, the rolled back millage rate of 3.9939 may be approved.The rolled back millage rate is the rate that will generate the same amount of revenue to the City as last year, with the exception of new construction. If the rolled back millage rate is approved for Fiscal Year 2020, reserves in the amount of$590,419 will have to be used to balance the proposed General Fund budget. The General Fund reserves at the end of the Fiscal Year will be 23.73 percent of operating expenditures, less than the minimum required percentage of 25 percent. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2019 The current millage rate of 4.2061 continues to be the lowest millage rate when compared to similar sized cities and the lowest millage rate in the Central Florida region. The tentative millage rate is scheduled for adoption on September 5,2019 and the final millage rate is scheduled for adoption on September 19,2019. Staff recommended for the Council to approve the millage rate at 4.2061. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved to approve the millage rate of 4.2061;seconded by Council Member Travis. The motion passed with all member present voting aye. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2019 ADJOURN: With no further comments,this meeting adjourned at 8:25pm. APPROVED: %` Gail L.Ash,Mayor ATTEST: 401/ Tracy Ackroy. owe,City Clerk F�sf E