Loading...
Minutes - 03.10.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 The City Council met in a regular meeting on Tuesday, March 10, 2020 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30 pm with the following Council Members present: Council Members Brishke, Travis, Bates, and Purvis. Other City officials present were Interim Assistant City Manager Dauderis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Dawn Carter of First United Methodist Church gave the invocation which was followed by the Pledge of Allegiance. PRESENTATIONS Winter Citizens Academy Graduation Jennifer Clutts, Communications Coordinator, recognized the 2020 Winter Citizens Academy graduates. Mayor Ash commented she attended the graduation at the Arts & Recreation Center. There were thirty (30) graduates. Excellence in Financial Reporting Award FY 2018 Mayor Ash presented the GFOA Excellence in Reporting Award for FY 2018. This is the 3 1 ' consecutive year the city has received this award. Finance Director Brosonski introduced staff present. Quarterly Budget Presentation Finance Director Brosonski presented the highlights of the quarterly budget report for October 1, 2019 — December 31, 2019. The report presents an overview of the city's revenues, expenditures and key department statistics for the FY 2020. She reviewed the top 10 revenues, major fund revenues and expenditures, departmental expenditures, and major fiord surplus/deficit. She was available for questions. PUBLIC COMMENTS Mayor Ash opened the floor for comments from the public; seeing none the floor was again closed. REPORTS CITY MANAGER Interim Assistant City Manager Dauderis provided the report as City Manager Gray was in Tallahassee. She gave an update on the Coronavirus and on how the city is addressing it. She reminded the City Council that there is a workshop scheduled on March 17 at 6:30pm. CITY ATTORNEY No report was provided. CITY COUNCIL Council Member Bates o Provided an update that the Florida House and Senate agreed to a $370,000,000 budget towards affordable housing initiatives. He is hoping the Governor will sign off on it. City of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 Council Member Purvis • No report provided. Council Member Brishke • On March 4 she was at Outback for "Tip a Cop" for Special Olympics. • On March 5, the Greater Clermont Cancer Foundation did a fundraiser to raise money for GCCF "Bras for a Cause". The Clermont Police and Fire danced in the event and it was a great event. Council Member Travis • Watched her niece in the Spring Games. She learned that only Division 1 plays in Clermont, Division 2 plays in Winter Haven, and Division 3 plays in St. Petersburg. Her niece hit a home run. Mayor Ash • No report. 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 come forward at this time. Seeing no public come forward, Mayor Ash closed the floor and asked if City Staff or Council Members had objections to any items. Item No. 1— Meeting Minutes Item No. 2 — Single Source Term Contract Award Item No. 3 — Olympus CDD Budget Notification Item No. 4 — Fire Pension Board Appointment Consider approval of February 11, 2020 City Council meeting minutes. Consider approval of a single source determination and term contract award from Sunstate Meter Supply, Inc. to purchase water meters on an as -needed basis. Acknowledge receipt of the submitted budget. This is for information only. Consider appointing Ryan Moore as the Fifth Member to the Firefighters Pension Board. MOTION TO APPROVE the consent agenda for March 10 2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 UNFINISHED BUSINESS Item No. 5 — Final - Ordinance No. 2020-18 — Municipal Service Taxing Unit AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.010)(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. City Clerk Howe read the ordinance into the record by title only. City Attorney Mantzaris provided an analysis of the ordinance to the Council. Attorney Mantzaris informed the Council that the City has participated in the ambulance service with Lake County for approximately twenty (20) years. This ordinance is required annually in order for the city to continue to participate in the program. Mayor Ash opened the floor for comments from the public; seeing none the floor was again closed. MOTION TO APPROVE and adopt Ordinance No. 2020-18 establishing a Municipal Service Taxing Unit for ambulance and emergency medical services made by Council Member Bates Seconded by Council Member Brishke. Passed unanimously on roll call vote 5-0 NEW BUSINESS Item No. 6 — Variance Request — Rusty Truck Diner Development Services Director Henschel presented the variance request for signage at a commercial property located at 1800 S. Hwy 27. The property is zoned C2. The variance is for an oversized Adirondack chair and an old rusty truck. Director Henschel explained that based on the current code does not allow for vehicle signs. The proposed truck does not meet the criteria. Signage is also not allowed for commercial business in the right-of-way of a property or landscape buffer zones. He further explained that the purpose of the city's sign code is to enhance the appearance of a physical environment by mandating that a sign be designed with architectural consideration of the site and be sited that is concurrent with the existing natural environment. Director Henschel stated that while staff understands the intent of the request, staff finds it to be out of character and undesirable with the current code. He concluded by informing the Council that staff is recommending denial of the variance request. Mayor Ash asked the applicant to approach the podium. Jose Gonzales, 1800 S. Hwy 27, Clermont. — Applicant — Informed the Council that he is happy the truck has found its way to its current location as it lends to the theme of his restaurant. He believes that having 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 this truck as signage helps his business by making its location a destination spot. He asked the Council to approve the variance request. Mayor Ash opened the floor for comments from the public. Steve Hannah. 1251 Fran Mar Court, Clermont — Expressed support and urged the Council to help the local business. Niemoy Defania. Formerly of County Tipperary, Ireland. — Expressed support saying that the rusty truck builds character and attracts attention. Seeing no other speakers come forth, Mayor Ash closed the floor from further comments. She proceeded to invite comments from Council Members. Council Member Bates stated that he is not opposed to the request, he feels it is a small request and is in agreement with the residents that spoke in favor of the business. He did express concern as to why the truck was in place already since approval had not been given. Mr. Gonzales stated that he put the truck there not realizing he needed a variance. He has been focused on getting the restaurant open for business as its primarily himself working on renovations. He apologized for not following the correct procedure. Council Member Travis asked the applicant if he has operated any other restaurants. Mr. Gonzales replied that he has. Council Member Travis asked if any of those locations were still in operation. Mr. Gonzales stated that they were not and blamed the lack of good location for their closure. He stated that he has 35 years' experience in the restaurant industry and is proud to be in Clermont. He strongly feels based on feedback they are receiving that this concept will go a long ways. He also stated that the truck is from the 1940's from a plantation in North Florida. Council Member Travis stated that she has been in Clermont since the late 1980s and has seen other restaurants come and go; not because of location, but because they did not have good food. She has concerns that if the applicants restaurant does not make it, who will be responsible for the removal of the truck. Mr. Gonzales stated that he receives offers to purchase the truck daily and does not feel like its removal will be an issue. He informed the Council that so far the reviews have been very good since the soft opening two (2) weeks ago. Mayor Ash stated she feels this is an interesting and clever idea. Council Member Purvis asked if the oversized chair is also a part of the variance request. Director Henschel responded that it was. He also asked the Council that if they do approve the variance that it be conditioned for use by just this business so that if the business went away so would the items. Council Member Purvis asked the applicant if he had any supporting documentation from his neighbors who he asserted were ok with the rusty truck and oversized chair. Mr. Gonzales responded that he did not, but could provide it to the Council at another time. Council Member Purvis stated that he has concerns about safety and is not in favor of this request. He clarified that he is ok with the chair but not the truck. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 Council Member Brishke stated that she was in the opposite opinion of Council Member Purvis and that she was ok with truck but not the oversized chair. Mr. Gonzales stated the chair was for selfies. Attorney Mantzaris stated to the Council that this is an unusual variance request. He explained that most variances allow for someone to build and maintain a structure in good condition. The request is for signage that is already deteriorated and will continue to deteriorate. It could also create significant difficulties for code enforcement. If the Council is leaning towards an approval he recommends tailoring the variance so that the Council would have opportunity to revisit the issue in the future. Mayor Ash asked if it would be possible for staff to inspect the vehicle. Attorney Mantzaris recommended that the Council bring the variance back for reapproval in a period of time. He recommended against making this an indefinite variance. The applicant would need to then to reapply for the variance after inspections of the site and signs. Council Member Brishke asked if the truck was locked. Mr. Gonzales stated the truck is locked and has been coated with polyurethane. Council Member Purvis stated there is no window on the driver's door, so what good does locking the truck do. Mr. Gonzales stated that he was already planning to put a plexi-glass window in to seal the truck cabin. Mayor Ash recommended that the approving motion be conditioned to sunset in two (2) years and asked Mr. Gonzales if he was ok with that amount of time. Mr. Gonzales stated he was ok with it. Council Member Purvis asked if the motion is passed with a review in two (2) years and the site falls into disrepair before that time, what can code enforcement do? Attorney Mantzaris stated that it would be a difficult case to prosecute. Mayor Ash changed her recommendation so that the variance would need to be reapplied for after one (1) year. Council Member Bates asked about the overgrowth around the truck. Mr. Gonzales informed the Council that those were decorative weeds. MOTION TO APPROVE the variance request for si Wage of a rusty truck and an oversized Adirondack chair to be located at The Rusty Truck Diner at 1800 US 27 Clermont with the additional condition(s) that: 1. Should the business close it will be the reMonsibility of the owner to remove the truck and chair. and 2. The granted variance shall expire on March 10 2021 and 3 The applicant can reanvly for a variance from the City Council and 4. Code Enforcement shall monitor the condition of the truck and chair and the surrounding landscape and report back to the City Council ... made by Council Member Bates. Seconded by Mayor Ash Passed 3-2 with Council Member Purvis and Travis opposing_ Item No. 7 — Introduction - Ordinance No. 2020-15 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 City of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, RECORDING, AND PUBLICATION. City Clerk Howe read the ordinance into the record by title only. Council Member Travis declared that she has a conflict of interest on the item due to real estate interests and will be abstaining from the vote. MOTION TO INTRODUCE for further consideration Ordinance No. 2020-15 amending the official zoning man of the City of Clermont made by Council Member Brishke Seconded by Council Member Purvis. Passed unanimously by voice vote with one abstention by Council Member Travis. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 10, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:16 pm. ATTES' Tracy Ackroy owe, City Clerk 7 APPROVED: -__ 'Gail L. Ash, �o