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Minutes - 01.14.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 The City Council met in a regular meeting on Tuesday, January 14, 2020 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 Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. LN- VOCATION AND PLEDGE OF ALLEGIANCE Helmut Michelson gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Howe read the Clermont Reads History Month proclamation aloud. Mayor Ash presented the proclamation to Boyd Bruce, Caryl Harris, and Doris Bloodsworth of the Cooper Memorial Library. Caryl Harris thanked Council for support and appreciated the funds approved to extend the hours of the library. PRESENTATIONS Florida League of Cities Youth Council Video Competition Award Sharon Berrian, Florida League of Cities, expressed appreciation to City Manager Gray and City Clerk Howe for this opportunity as well as staff for the tour of downtown Clermont. She thanked the Clermont Youth Council for submitting a video for the eighth annual video competition. Youth Councils from around the state were given the opportunity to create a video to address how they are a part of the City and why they are proud of their City. The Clermont Youth Council did an amazing -job of answering the question along with highlighting the City of Clermont. She presented a trophy and check for $250. Lake Apopka Natural Gas District Monica Marlow, Lake Apopka Natural Gas District, thanked the Mayor for her time on the Board of Directors. The district has 58 employees who provide services to 24,526 customers. There has been a boost of 40 percent growth in this district over the past five years. This district has been consistently recognized as one of the fastest growing, municipally owned, natural gas utilities in the State of Florida. The State of Florida has 31 municipally owned natural gas utilities. In 2019, the organization brought on 1,671 new customers. A 12 percent growth in a year. With the rapid growth, it is important to continue a close relationship with the City and work together with builders and developers to plan and discuss the availability and the benefit of natural gas service to those communities. Customers in a home with a mix of natural gas and electric can sell for up to six percent more than a home with solely electric power. District was awarded the System Operational Achievement Recognition Award for 2019. Each year we take the opportunity to celebrate staff who put the lines in the ground to bring the services to the community. In March, we celebrate the workers during a national day for Gas Utility Workers. In 2019, the CEO, Sam Davis, assumed the role of Chairman of the American Public Gas Association. Over the past year, there has been a growing trend of City's declaring moratoriums on the provision for natural gas to serve local homes and businesses. These policies are designed to move policies to an all -electric fuel source, which eliminates the use of natural gas. Natural gas is a cost effective, reliable, and economic energy source. City of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 Master Plan Update Deputy City Manager Kinzler presented the Master Plan and capital projects update to include Victory Pointe, Kehlor building replacement, city limit signs, boat ramp, Artwalk project, Public Works relocation, Downtown Waterfront District Phase 1 — Osceola Street and West Avenue in progress; Phase 2 -811 Street and Minneola Avenue to be completed in late 2020; Phase 3 — City Hall Park and Montrose Street to be completed in 2021. Fire Station No. 2 will return in April after Fire Chief Ezell reviews. City Manager Gray commented the City Council adopted a 10-year master plan and all projects will be complete in 7 years. PUBLIC COMMENTS Sarah Larson 1333 Lakeview Drive, requested a continuous sidewalk along Grand Highway for safety reasons. She conducted a walk audit of where the issues are and what needs improvement. She expressed concern for pedestrian safety, and noted eligibility for federal funding by FDOT. City Manager Gray stated it is not a city road; it is in the jurisdiction of Lake County. Staff will provide assistance. City code requires a sidewalk. Tom English, Pig on the Pond, stated due to a family emergency, Pig on the Pond is forced to cancel the 2020 event. It was a difficult decision as it affects other non -profits as well. He thanked the city for support over the years. Mr. Gray offered assistance of city staff however; Mr. English respectfully declined the offer. He will be requesting new event dates in 2021. Council Member Purvis directed staff to send a personal letter to Cheryl Fishel wishing her the best in her recovery. Lou Manzella, expressed concern for 959 W. Minneola Avenue. He tried to address the process for four years by setting up meetings with City Manager Gray. There is now a legal dispute with the property and he is being sued along with the City. He stated he was told if he could provide clear title for the property, the City would look to make a resolution to this issue. There have been two depositions by members of the State both declaring the State never owned the property and they could not convey it to the City of Clermont. Mr. Manzella showed a map indicating a property he purchased on W. Minneola Avenue. He paid utilities and permits for the property until 2014 when the property disappeared stating the property had been conveyed to the City by the State. City Attorney Mantzaris stated the matter has been a heavily litigated matter, which is being handled by the City's insurance carrier and general counsel. Mr. Manzella's statement about his ownership is incorrect based on the facts that have been presented to the City. An attorney who is not believed to be present represents the man that filed the lawsuit against the City. City Attorney Mantzaris cautioned the Council to not delve any further in to the matter this evening. Steve Sprinkles,13513 Tetherline Trail, Orlando, stated he is the owner of the property at 959 W. Minneola. City Attorney Mantzaris stated Mr. Sprinkles has an attorney, which is capable of contacting the City's attorney to discuss the matter. Tim Murry, 574 W. Desoto Street, invited the Council to the 27' annual Black Achievers Award banquet on February 15 at the Arts and Recreation Center. They will be honoring Police Chief Broadway at the event. He thanked staff for their assistance regarding the Martin Luther King celebration event. Mayor Ash and City Manager Gray will be making opening comments. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 REPORTS City Manager Gray noted staff has met with Mr. Manzella and has a difference of opinion. The Martin Luther King, Jr. holiday is Monday, January 20 with city offices closed. The second annual Martin Luther King, Jr. event will begin with a parade at 10:00am at McKinney Park and the ceremony at 11:00am at the Highlander Pavilion. A Council workshop has been scheduled for next Tuesday, January 21 at 9:00am. Agenda Item No. 11 Lien reduction has been withdrawn. Council Member Purvis expressed support to give staff direction to begin exploring foreclosure options. City Attorney Mantzaris informed Council of the process. Action cannot be taken now; it has to go to the Special Magistrate. City Attorney Mantzaris — No report. Council Member Bates reported the Florida legislative session started today. Sixteen bills have been filed that could affect home rule. City Manager Gray stated we have a contract with Gray Robinson and they will keep us updated. Council Member Bates reported Lake County will discuss 455 connecting Hartwood Marsh to Schofield Road on January 28. Council Member Purvis reported on the boat ramp grand opening event last Friday. Council Member Travis welcomed back John Kruse to the city. She reported on the Tourism Development Council meeting. They approved $350,000 NCAA Volleyball. The next meeting is April 6 and will be discussing Lake County funding of the boat ramps. She requested support. City Manager Gray thanked Council Member Travis for having a voice at the Tourism Development Council meetings. Council Member Brishke reported on the South Lake Chamber breakfast and attended the ribbon cutting of the boat ramp. Mayor Ash reported on attending the December 12 staff holiday breakfast and celebrated the retirement of Finance Director Joe Van Zile. She attended the Battle of the Badges basketball game at Clermont Elementary School between Lake County Sheriffs Office and Clermont Police Department. The Clermont Police Department won this year. Toys were donated to children in need. She attended the first day of the winter citizen's academy on January 9 and January 10 boat ramp ribbon cutting. She thanked Lake County for the funding. 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 Request Consider declaring end of life inventory as surplus from City Clerk, Public Works, Environmental Services, Police, Finance, Parks & Recreation, and IT and dispose of in accordance with the Purchasing Policy. City of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 Item No. 2 - Piggyback Purchase and Budget Item No. 3 - Contract Award and Budget Item No. 4 - Utility Service Agreement Item No. 5 - Event and Road Closure Request Item No. 6 - Event and Road Closure Request Item No. 7 - Event, Open Container and Road Closure Request Item No. 8 - Resolution No. 2020-05R Recommend request to piggyback the Flroida Sheriffs Association contract with Garber Fleet Sales to purchase eight (8) police vehicles for $287,827.40 and a budget amendment to the Police Impact Fund for $43,500. Consider request to piggyback the Hillsborough County B.C.C. contract with Blackburn Controls, Inc., d/b/a BCI Technologies to purchase Orbits Radio System in the estimated amount of $250,000 and a budget amendment to the Sewer Fund in the amount of $177,530. Consider agreement approval for City water services to allow construction of a new single family home located at 15600 Johns Lake Road. Consider request for the Clermont Downtown Partnership to host their annual "Downtown Clermont Home and Vintage Show" on February 22, 2020. Consider Downtown Partnership request to host weekly Farmer's Market with road closures for 12 months. Consider allowing the tenants of 790 west (Suncreek Brewery, Michael's Ali Coal Fired Pizza and Savoree) host "Celtic Fest" event in downtown. Consider approval of a new City of Clermont CM 401(a) Defined Contribution Employee Retirement Plan Document, Adoption Agreement, and Plan Services Agreement. Council Member Bates moved to approve Consent Agenda,• seconded by Council Member Purvis. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 9 - Ordinance No. 2020-01, Final, Karma Housing City Clerk Howe read Ordinance No. 2020-01 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, an effective date, and publication. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 The applicant, GatorSKtch Inc., has requested to rezone the subject parcel from C-1 Light Commercial district to Planned Unit Development (PUD). The property is located at the southwest corner of SR 50 and East Avenue and is approximately 3.04 acres, with a Commercial Future Land Use Designation. The property contains three parcels that will be combine to allow for development of 36 multifamily apartment units, and use the existing commercial building in conjunction with the apartments for the leasing office, laundry room, gym, retail store, for the tenants of the development. This application was submitted and deemed complete prior to the multi -family moratorium. The requested 36 apartment units is the maximum density allowed under the Commercial Future Land Use Designation. The site, as designed, will provide two access points; one on Second Street as the primary access point and the other on Chestnut Street. The applicant has not requested any code waivers and will develop the site to meet the City's Architectural Design Standards and Land Development Regulation. The applicant has requested an Exemption from a Tier 1 Traffic Impact Analysis Report, which shall be reviewed by the City's Traffic Engineering Consultant. The development will be required to provide school concurrency for the project prior to site plan approval. Staff has reviewed the application as submitted and finds the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The request to change the zoning from C-1 Light Commercial to Planned Unit Development is consistent with the development pattern for the surrounding areas. Therefore, staff recommends approval to rezone the subject property to a Planned Unit Development (PUD) with the conditions contained in Ordinance No. 2020-01. Planning and Zoning recommended approval. Applicant Michael Latham Gatorsktch Architects was present and available for questions. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the public hearing. Council Member Purvis inquired about an elevator and the number of levels. Mr. Latham replied there would not be an elevator. It is not subsidized; it will be affordable homes. There will be one and two bedroom units. Council Member Travis asked if the property is being sold. Mr. Latham responded the current owner is developing the property. Council Member Bates noted the issue with traffic with the last project proposed at this location. City Manager Gray noted the issue before was access from State Road 50. Mr. Latham stated there was a preliminary traffic study done. With additional units, there were 16 trips total. There will not be an access from State Road 50 or East Avenue. Council Member Travis moved to approve; seconded by Council Member Purvis. The motion passed 4 to 1 on a roll call vote with Council Member Bates opposing_ Item No. 10 — Ordinance No. 2020-02, Final, Victory Pointe City Clerk Howe read Ordinance No. 2020-02 aloud by title only. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 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, an effective date, and publication. Development Services Director Henschel presented Victory Pointe Townhomes. This request is an amendment to allow 11 twnhomes instead of 17 units. This will provide less density than previously approved. It will connect to the city Victory Pointe drain system. The developer requested one waiver to irrigate a section of landscape with potable water. Staff reviewed the request and it is compatible with the surrounding areas. It is consistent with the comprehensive plan and staff recommended approval. Applicant Mark Graff was present 1200 Oakley Seavey Drive, Suite 203, Clermont. The project was scaled back to 11 twnhomes and available for questions. Mayor Ash opened the public hearing. There were no comments. Mayor Ash closed the public hearing. Council Member Bates moved to approve Ordinance No. 2020-02, seconded by Council Member Purvis. Council Member Brishke inquired about the view and the name of the twnhomes. Mr. Graff responded it will be an angled view of the lake and is considering naming it Victory Pointe Townhomes. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 11— Lien Reduction Request Withdrawn Item No. 12 — Ordinance No. 2020-11, Introduction, Advent Health City Clerk Howe read Ordinance No. 2020-11 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 introduce Ordinance 2020-11, seconded by Council Member Travis. The motion passed with all members present voting aye. T City of Clermont MINUTES REGULAR COUNCIL MEETING January 14, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:59pm. APPROVED: / E ATTEST: Tracy Ackroyd Howe, City Clerk