Loading...
Minutes - 11.12.2019 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 The City Council met in a regular meeting on Tuesday, November 12, 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 Mullins. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Carlos Aviles gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Bonnie McGuire Courage Award Sandie Stacy, Beta Theta Philanthropic Director, presented the Bonnie McGuire Courage Award to two Clermont Police Officers, Officer Colon and Officer Rogers, for courageously helping those in need as well as for outstanding and courageous work. Police Chief Broadway stated Officer Rogers is leaving the City to work for the Orlando Police Department. In her nine years, she has made significant contributions. Chief Broadway thanked Officer Rogers and presented her with a plaque for years of dedicated service. City Manager Gray thanked Officer Rogers for her work in making the City a safe place. Jennifer Pierce, Fire Marshall of the Year Fire Chief Ezell recognized Jennifer Pierce for receiving the Fire Marshall of the Year for the State of Florida. Fire Marshall Pierce stated she appreciated the support from City Manager Gray and all of the City Departments. City Manager Gray stated Fire Marshall Pierce does a proactive job and he appreciates all the work she does. Mayor Ash congratulated and thanked Fire Marshal Pierce. PUBLIC COMMENTS Officer David Colon stated some of the City of Clermont Police Officers created a 501C to help widows, homeless people, and various similar situations the police encounter on the road. On December 20, there is an event called Heroes and Helpers which uses funds from the 501C, the gift from the Bonnie McGuire Courage Award, and the help of Target and McDonald's to shop for children for Christmas. Mayor Ash thanked Officer Colon for all of his effort and work. Mary Kimmell, 3288 White Blossom Lane, thanked the City for the Senior Center at the Arts and Recreation Center and employee Sandra Ramdass for her work and help. Ms. Kimmell expressed concern for a lack of handicapped parking and the need for a larger room to play bingo at the Arts and Recreation Center as well as concern for the need of a traffic signal at the corner of Sunburst Lane and Hancock Road. City Manager Gray stated he will address with City staff the concerns regarding the parking and larger room. Sunburst Lane is a county road and the City has put in a request to Lake County for a traffic signal but Lake County stated one is not warranted at that location. Lake County is conducting a traffic study and recommended a three way stop and dedicated turn lane for Sunburst Lane which should be coming up this calendar year. Alex Linzy, 570 E. Highland Avenue, requested to be placed on the invocation list for future meetings City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 REPORTS City Manager Gray reported tonight's meeting is Council Member Mullins' last official meeting and City Manager Gray thanked him for his service. The council meeting scheduled for November 26 was moved to November 19 where the oath of office for seats 2 and 4 will be given. Light Up Clermont is on December 6 and December 7. City Manager Gray stated Items No. 14, 15, and 16 will need to be moved to December 10, 2019 and Item No. 25 will be moved to January 28, 2020. Item No. 14 — Ordinance No. 2019-30, Final, Hartwood Properties City Clerk Howe read Ordinance No. 2019-30 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, recording, and publication. Council Member Bates moved to table Ordinance No. 2019-30 to December 10 2019• seconded by Council Member Mullins The motion passed with all members present votinMe- Item No. 15 — Ordinance No. 2019-31, Final, Bradshaw North City Clerk Howe read Ordinance No. 2019-31 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries, providing for an effective date, severability, recording and publication. Council Member Bates moved to table Ordinance No. 2019-31 to December 10 2019• seconded by Council Member Mullins. The motion passed with all members present voting ffe- Item No.16 — Ordinance No. 2019-33, Final, Bradshaw North City Clerk Howe read Ordinance No. 2019-33 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. 2019-33 to December 10, 2019• seconded by Council Member Mullins. The motion passed with all members present voting Item No. 24 — Ordinance No. 2020-03, Introduction, CarMax City Clerk Howe read Ordinance No. 2020-03 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries, providing for an effective date, severability, recording, and publication. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 Council Member Bates moved to table Ordinance No 2020-03 to January 28 2020• seconded by Council Member Mullins. The motion passed with all members present voting Item No. 25 — Ordinance No. 2020-04, Transmittal, Carmax CPA City Clerk Howe read Ordinance No. 2020-04 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 I1, 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. 2020-04 to January 28 2020• seconded by Council Member Mullins. The motion passed with all members present voting City Attorney Mantzaris — No report. Council Member Bates thanked Council Member Mullins for his service and stated he was proud of the Youth Council for their accomplishments. Council Member Mullins thanked the City for allowing him to serve the remaining term of Seat 2. He attended the ribbon cutting on Friday for the Kehlor Building. The Candy Cane Lane event is this weekend. Council Member Brishke thanked Council Member Mullins for stepping in and stated it was great working with him. Council Member Travis reported she attended the Taste of South Lake where the City won the best decorated booth. She attended the Metropolitan Planning Organization meeting at Lady Lake where they stated they will be changing the venue for future meetings to Leesburg. At the Metropolitan Planning Organization meeting a Resolution was passed allotting Groveland $7.6 million in right-of-way funding for State Road 50 which will help the City of Clermont with the trail. The Metropolitan Planning Organization is asking for the local cities to create a Christmas wish list which will tell the story and description of the City's desired project. The City of Clermont's project is Hartwood Marsh Road. City staff will need to present the project by end of year. Mayor Ash reported on October 30, she was at the Suncreek Brewery to celebrate a new beer called Champions Lager making use of the City's motto, Choice of Champions. On November 6, she attended the grand opening of Hope Barton's new Art Gallery on Lake Avenue. On November 8, she attended the Veterans Day celebration at Lost Lake Elementary. On November 11, she was at the Waterfront Pavilion for a special program acknowledging the 101 st anniversary of the signing of the armistice ending World War I. 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. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 Item No. 1— Meeting Minutes Item No. 2 — Surplus Request Item No. 3 — Revised Pay and Classification Schedule and Budget Amendment Item No. 4 — Collective Bargaining Agreement Item No. 5 — Bid Award and Budget Amendment Item No. 6 — Piggyback Contract Item No. 7 — Piggyback Contract Item No. 8 — Contract Approval Item No. 9 — Contract Award Item No.10 — Contract Award Consider approval of October 22, 2019 Council Meeting minutes. Consider declaring end of life inventory as surplus from the departments of. Public Works, Finance, Development Services, Information Technology, and Environmental Services, and dispose of in accordance with the Purchasing Policy. Consider approval of a revised Pay and Classification Schedule and budget amendment to all funds in the amount of $255,766. Consider agreement approval with the International Association of Firefighters, AFL-CIO, Clermont Professional Firefighters Local 4350. Consider awarding bid to Mack Concrete Industries, Inc. to provide construction of Sunburst WTP screening wall in the amount of $321,779 and a budget amendment to the water fund for the same amount. Recommend request to piggyback Florida Sheriff s Association contract with Bozard Ford and Garber Ford to purchase vehicles in the total budgeted amount of $242,775. Consider approval to piggyback the Florida Sheriffs Association contract with Futch's Tractor Depot, Inc. to purchase vehicles in the total budgeted amount of $53,066.56. Consider approval of the Stormwater Master Plan Update proposal from Tetra Tech in the budgeted amount of $88,837.00. Consider awarding contract to Charles Abbott Associates, Inc.; Joe Payne, Inc.; Absolute Civil Engineering Solutions, LLC.; and M.T. Causley, LLC for commercial and residential building inspection and plans review services. Consider awarding contract to Tetra Tech, Inc. to provide engineering design services for the water reclamation facility expansion in the negotiated budgeted amount of $1,174,467. Item No. 11— Resolution No. 2019-29R Consider approval of revised Purchasing Policy. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 Item No.12 — Resolution No. 2019-31R Item No.13 — Resolution No. 2019-35R Consider approval of revised Property Control Policy. Consider approval of resolution to amend the FY 2019 Budget. Council Member Mullins moved to approve the Consent Agenda: seconded by Council Member Bates. The motion passed with all members present voting ave. NEW BUSINESS Item No.17 — Conditional Use Permit Discussion Development Services Director Henschel stated Mason's Ridge was a development approved by the City Council in August of 2016 under Resolution No. 2016-30. The development is for 102 multi -family fee - simple town homes. Shortly after grading the site, installing utilities, and retaining walls the developer became absent from the . site. Code Enforcement began receiving complaints in regards to the lack of maintenance of the site. After starting a case, the developer cleared the over growth from the right-of-way. In November of 2018, Code Enforcement received complaints in regards to the lack of maintenance and was taken to the Special Magistrate hearing in January of 2019 where the property was found to be in violation and a fine of $250 per day after January 31, 2019 was ordered. In May of 2019, a lien was recorded against the property for $27,500. The property remained in violation until July of 2019 and accrued a total lien amount of $43,250. In September of 2019, another code enforcement case was started and as a result, the developer started clearing the overgrowth. City Manager Gray stated the item was placed on the agenda tonight to provide the Council a status and to answer any questions the Council may have. Development Services Director Henschel presented recent photos to the City Council. Joshua High, CPA and advisor for ALP, 17500 Deer Island Circle, Winter Garden stated ALP is currently updating the Market Feasibility Analysis and the Cost Feasibility Analysis. Both will be completed at the end of the first quarter of 2020. The decision regarding timing of the vertical construction will be made immediately after Market Feasibility Analysis and Cost Feasibility Analysis is completed. Mr. High stated ALP was not aware of any code enforcement fines. City Manager Gray stated the property owner was notified and there were many discussions between the property owner and City staff. City Attorney Mantzaris stated Special Magistrate notices are sent to the property owner directly. The property is scheduled to go on the Special Magistrate agenda for next week in regards to authorization to foreclose. The Conditional Use Permit is currently before the Council due to being in violation of the mandated time period for construction to begin and continue progress over two years from the date the Conditional Use Permit was granted. The next step would be to take the Conditional Use Permit before the Planning and Zoning Commission to revoke the Conditional Use Permit which would cause the applicant to go through the application process all over again. Mr. High stated the project is $3 million into its $20 million budget. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 Council Member Travis expressed concern with two years of complaints from citizens regarding the appearance of the lot. Mr. High stated five of the building pads of the project have begun construction. Council Member Travis expressed concern with the lack of continuous progress on the project. City Attorney Mantzaris stated the matter will not resolve tonight as this is a two-step process. The matter will go before the Planning and Zoning Commission and then return to Council for final action. This matter was placed on tonight's agenda to provide an update to the Council. Mayor Ash recommended to start with the revoking process immediately. Item No.18 — Joint Planning Area (JPA) Review City Manager Gray stated the Joint Planning Area allows for the City Council to provide comments to the County on upcoming projects located within the designated area. Development Services Director Henschel stated staff is requesting comments from the City Council to present to Lake County planning staff regarding a Joint Planning Area review. The Islamic Center of Clermont is a proposed 7.5-acre expansion project located in the Clermont Joint Planning Area and the Interlocal Service Boundary Area. The property is located at 15020 Johns Lake Road and is proposing an expansion to include a 30,000 square foot assisted living facility, a 3,000 square foot community service center, and a 12,000 square foot worship facility. Staff was notified by Lake County of a change to the initial 125 bed assisted living facility request to 75 bed assisted living facility. Staff expressed concerns about the added traffic load to Hancock Road. The final rezoning hearing will occur on November 19, 2019 before the Lake County Board of County Commissioners. Staff requested comments from the City Council to provide to Lake County Planning and Zoning and Lake County Board of County Commissioners. Sizaad Khan, applicant, stated the current attendance is approximately 30 to 40 on Fridays and even fewer throughout the week. The building is divided into segments with service areas being utilized at different times. Mayor Ash opened the Public Hearing. Marion Ringwood, 1808 Nature Cove Lane, suggested for the Council to recommend the installation of a turning lane in their comments to the County. Mayor Ash closed the Public Hearing. Council Member Mullins inquired about the outparcel and the vacant land. Mr. Khan replied the outparcel belongs to a different owner and the vacant land will be used for drainage and not for future growth. Council Member Bates inquired about the different proposed buildings for the site. Mr. Khan provided an overview of the purposes for each building. Mayor Ash expressed concern with traffic on Sunburst Lane. Mr. Khan expressed support for traffic concerns for Hancock Road but clarified the times the property will be in use will be before sunrise and after sunset except for Fridays when they meet at 1:30pm. Council Member Travis expressed support for the project to wait until the road project is complete. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 Mayor Ash suggested the applicant build the phases as the road is improved to handle the larger traffic load. Mr. Khan expressed support for building in phases based on the allowable traffic load. City Manager Gray stated the City Council can add their comments for road improvements into their recommendation to Lake County as well as phasing the project. The project is under Lake County's jurisdiction so Lake County will make the final decision. Mr. Khan stated they understand the concerns with the traffic and they are making efforts to help with the traffic flow by providing land for a future right-of-way lane and by blocking the entrance from Hartwood Marsh Road. City Manager Gray clarified the City Council's comments to Lake County are to phase the project and to express concerns with traffic. Item No.19 — Ordinance No. 2019-06, Introduction, South Lake Crossing PUD City Clerk Howe read Ordinance No. 2019-06 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 No. 2019-06, seconded by Council Member Mullins. The motion passed with all members present voting Eye. Item No. 20 — Ordinance No. 2019-28, Introduction, Vacation Rentals City Clerk Howe read Ordinance No. 2019-28 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 Permit Regulations; providing for codification; severability; effective date; and publication. City Manager Gray asked for the City Council to allow for discussion of this item to avoid having to schedule a separate workshop to discuss the matter. Development Services Henschel presented the proposed ordinance for short term vacation rentals. The City of Clermont does not currently have any regulations with regards to short term rentals. The proposed Ordinance will provide regulations and conditions for a Vacation Rental Permit Program to allow short term vacation rentals for non -occupied residential home, the whole house, rentals with proper management and compliance with permit requirements. City Manager Gray passed out the summary of the proposed ordinance which Development Services Director Henschel reviewed with the City Council. City Attorney Mantzaris clarified the Ordinance will only allow for the entire house to be rented and not portions of the .house. If portions of the houses are rented out to different families, the use of the property would change to a multi -family unit which is prohibited under the City's zoning code in most areas. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 Mayor Ash expressed concern about rental periods. City Attorney Mantzaris stated the proposed Ordinance is being drafted to address a specific issue of houses being purchased for the sole purpose to rent the house on a short term basis. This Ordinance is not meant to address long term rentals or intermittent occupancy of the homeowner. The intent is to provide restrictions in order to protect the neighbors. City Manager Gray stated the purpose of discussing the ordinance at tonight's meeting is to obtain direction to see how the Council would like to move forward. Council Member Travis inquired about inspections of the property. City Manager Gray stated City staff would conduct the inspections. Council Member Mullins inquired about restrictions on roommates. City Attorney Mantzaris stated the proposed Ordinance will not affect roommates or people renting out rooms for an extended period of time. Council Member Mullins moved to introduce Ordinance No. 2019-28• seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 21— Ordinance No. 2019-44, Introduction, Rocky Mount Commercial Ph2 City Clerk Howe read Ordinance No. 2019-44 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 No. 2019-44: seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 22 — Ordinance No. 2019-46, Introduction, Hancock Commons Apartments City Clerk Howe read Ordinance No. 2019-46 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, recording, and publication. Council Member Bates moved to introduce Ordinance No, 2019-46: seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 23 — Ordinance No. 2019-47, Introduction, Heritage Square Distillery City Clerk Howe read Ordinance No. 2019-47 aloud by title only. An Ordinance under the Code of Ordinances ofthe 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, recording and publication. Council Member Bates moved to introduce Ordinance No. 2019-47: seconded by Council Member Mullins. The motion passed with all members present voting aye. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2019 ADJOURN: With no further comments, this meeting adjourned at 8:06pm. APPROVED: A Tracy Ackroyd Howe, City Clerk