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Minutes - 10.13.2020 - City Council Regular MeetingCih. of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 The City Council met in a regular meeting on Tuesday, October 13, 2020 in the Clermont City Center. Council Member Travis, sitting as Mayor Pro Tem, called the meeting to order at 6:30pm with the following Council Members present: Council Members Bates and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. Absent: Mayor Ash INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Pastor Carlos Aviles Jr of Calvary Chapel Clermont followed by the Pledge of Allegiance. PUBLIC COMMENTS Allison Strange, 2350 Legends Way, Clermont — Notified the Council that they are in the middle of negotiations with the Big 10 in 2021 for two weekends of college softball. It will be a multi -year deal. This will be scheduled around the Spring Games which will also be here, so they are working with partners in Leesburg to make sure they are able to accommodate the events. James Aviner, 14310 Hunter Trace Lane, Clermont — Brought Council's attention to incidents at Waterfront Park and Lake Hiawatha Preserve. On August 30, took daughter and sat at picnic table. Stated that a Parks and Recreation staff member approached them in a confrontational manner. She introduced herself and informed them that she had received communication from a park ranger that an organized run was happening on the trails. She proceeded to question the group. Mr. Aviner told her that they were not an organized group, but a group of friends letting their kids run. Mr. Aviner stated that the staff member harassed them and took pictures of everybody and vehicles. Mr. Aviner stated that his daughters running coach was informed by a private business owner who received a text from the Parks and Recreation Director that the kids were not welcome to participate in an organized run on Saturday. City Manager Gray responded that a meeting was upcoming to discuss. Council Member Purvis stated that he wanted the City Manager to report to the entire Council at the next meeting. Kyah Mohammad, 177 Linden Street, Clermont — Ms. Mohammed presented an artistic document. She told the Council that she does not consent to 5G towers being built in Clermont. Expressed concern with wireless technology. Brian Lee,1540 Reflections Street, Clermont —Mr. Lee stated that he takes his daughter to run at Waterfront Park. He has also been approached by park rangers and told he is not allowed to coach kids. He stated that he has been threatened with law enforcement. The policy needs clarification. City Manager Gray told the Council that the City wants people to enjoy the park. However, they have had some people training on the trails in the past, and people cannot operate a business in a public space without the correct permitting. He told the Council he will meet with Parks and Recreation Director Davidoff. Council Member Purvis asked if park rangers have to complete an incident report, if so he would like to see a copy of the reports. City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 REPORTS CITY MANAGER REPORT City Manager Gray informed the Council that Mayor Ash is not present, but she is doing better. He announced the cancellation of the October 20 Council workshop. He stated that city staff had held an Open House on the Phase 2 streetscape plan on October 1. City Manager Gray informed the Council of the passing of Mr. Asbury Floyd of Floyds Funeral Home on October 8 and service on October 18. He also informed the Council of the passing of Les Booker who was an active champion of the community. City Manager Gray continued that the City is currently in Phase 3 Light according to Governor DeSantis and that the City will continue to follow the lead of the state. In accordance with the reopening plan, staff is recommending to open our facilities on November 9 and limit to 75 percent capacity. He concluded his report by informing the Council that Agenda Item 6 has been pulled from the agenda, but will be placed on a future agenda. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — No report. Council Member Purvis — Expressed condolences for Les Booker. Mayor Pro Tem Travis — • Attended the Tourism Development Council (TDC) meeting the previous Monday, and informed the Council that the TDC will have a special meeting on Friday to approve special funds to renovate the Sleepy Hollow Complex in Leesburg. • Congratulated the owners of Montrose Street Market on their Grand Opening. 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 Item No. 2 — Bid Award & Budget Amendment 2 Consider the minutes for the September 3, 2020 First Budget Hearing, the September 8, 2020 Regular City Council Meeting, and the September 17, 2020 Final Budget Hearing. Consider awarding contract to Wannemacher Jensen Architects, Inc. for Fire Station #2 Architectural Services in the amount of $309,762 with a budget amendment in the amount of $163,502. City of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 Item No. 3 — Surplus Request Item No. 4 — Piggyback Agreement Item No. 5 — Single/Sole Source Purchase Item No. 6 — Miley Triplex Utility Easement Item No. 7 — Consider 8a' Street Entryway Event Signage Consider declaring end of life inventory as surplus from the departments of. Public Services, Fire, Police, Development Services and City Clerk and dispose of in accordance with the Purchasing Policy. Consider request to piggyback the Seminole County contract with National Metering Services, Inc to provide contractual services for the replacement of small water meters in the estimated annual budgeted amount of $51,000. Consider approval of Single/Sole Source purchase from Parkson Corporation to repair automatic bar screen filter system in the total budgeted amount of $57,072. Consider granting easement to the City of Clermont for access and maintenance of a water service and associated meters. Consider Clermont Masonic Lodge request for event signage on November 13, 2020. Item No. 8 — Phase 2 Downtown Streetscape Project, Consider approval of Phase 2 construction cost in Contract Amendment and Budget Amendment the amount of $4,901,467 with a budget amendment for $2,544,867 and the Second Amendment to the contract with Traverse Group. Item No. 9 — Phase 3 Streetscape Project Design Consider Civil Engineering and Surveying Services Agreement Agreement with BESH-HALFF in the budgeted amount of S306,385. Item No. 10 — Resolution No. 2020-65R Allowance for Use of E-Signatures Consider resolution in compliance with Florida Statutes that a governmental entity adopt a plan accepting electronic signatures, seals, and notarization for official business. MOTION TO APPROVE the consent a enda items 1-5 7-9 for October 13 2020 made b Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye.. 3 Ch) of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 UNFINISHED BUSINESS Items 11, 121 and 13 ii ere heard together and voted on separately Item No. 11— Ordinance No. 2020-03 FINAL — CarMax Annexation 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. Item No. 12 — Ordinance No. 2020-04 FINAL — CarMax Comprehensive Plan Amendment 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. Item No. 13 — Ordinance No. 2020-05 FINAL — CarMax Rezoning 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, CODIFICATION, AN EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read each of the ordinances into the record by title only. The staff presentation was done by City Planning Manager John Kruse. Planner Kruse informed the Council that the City is the applicant for all of these items. The notice of encumbrance was executed on August 13, 2019 and is located in the Joint Planning Area Agreement and the Interlocal Service Boundary Agreement. The subject property is approximately 19 acres in size. The City will annex the property with county zoning in place. City staff recommends approval of Ordinance 2020-03 for annexation. The Council approved the large scale comprehensive plan amendment prior and transmitted to the state for review. It will change the property from Lake County Urban High Density to Clermont Commercial. State agencies did not voice any comments regarding this change. Staff recommends approval of Ordinance 2020-04 for the comprehensive plan amendment. The City is requesting approval to rezone the subject property from Lake County Planned Unit Development to Clermont Planned Unit Development. The applicant is requesting assurance that the site will be constructed through the approved site plan of Lake County with no changes forthcoming once the property is annexed into the City. The 2 Cite of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 proposed condition has been drafted and will be added to the ordinance. Staff is recommending approval to rezone. City Manager Gray restated that the City is the applicant because of an existing utility agreement. Jimmy Crawford, Clermont - Applicants Representative. Mr. Crawford restated that his client is asking for additional protections and wants assurances that the site plan approved by Lake County will be grandfathered. Mayor Pro Tern opened the floor for comments from the public; seeing no comments the floor was closed. Council Member Purvis had a concern about outdoor speakers. Mr. Crawford stated that CarMax does not use outdoor speakers. City Attorney Mantzaris reminded the Council that the business would still have to abide by the City's noise ordinance once in operation. Mayor Pro Tem. Travis stated for the record that the City is not approving a car dealership, and that it was Lake County who approved the car dealership. The business is just requesting to now come into the City. MOTION TO APPROVE and adopt Ordinance No. 2020-03 made by Council Member Bates. Seconded by Councilmember Purvis. Passed 3-0 on roll call vote with all members present voicing MOTION TO APPROVE and adopt Ordinance No. 2020-04 made by Council Member Bates. Seconded by Council Member Purvis. Passed 3-0 on roll call vote with all members present voicing Ue- MOTION TO APPROVE and adopt Ordinance No. 2020-05 as amended with the condition presented by staff assuring that the site will be constructed according to the already approved site plan made by Council Member Bates. Seconded by Councilmember Purvis. Passed 3-0 on roll call vote with all members present voicing ave. NEW BUSINESS Item No. 14 — Lien Reduction Request — 1600 Hancock Road Planning and Development Services Director Henschel presented the lien request. The property is a commercial development known as College Station and is owned by the John Adams family. The case is related to wind banners being used on the property. The violation was corrected after being in violation for 61 days and a fine of S6,100 had accrued. The city received an application for lien reduction to an amount of S500. Director Henschel reminded the Council that there was another recent request for flag signs that was granted. The previous case reduced the amount to approximately 13 percent of the original value. In this case, that same percentage would amount to approximately S800. This concluded the staff presentation. Patrick Wordell, 12055 East Third Street, Equity Property Management — Applicants Representative. Mr. Wordell apologized for the violation and stated that it was a strict violation of the tenants lease to use wind banners. Mayor Pro Tern opened the floor for comments from the public; seeing no comments the floor was closed. Council Member Bates asked that an upcoming workshop include the topic of exterior signs and banners. 5 Cit1, of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 City Manager Gray informed the Council that the City allows new businesses the ability to put up the banners for the first 30 days of operation. He further explained that by the time in gets to be a code enforcement issue, the business has placed the banners up habitually. A violator is then given 30 days to come into compliance. In this case, that was also ignored. Mayor Pro Tem Travis asked if this is the same owner as the last location. City Manager Gray said yes. Director Henschel stated that it is a different location though. Council Member Purvis asked where the notice was sent once this became a code enforcement issue. Director Henschel replied that the City is required by law to send it to the property owner listed on the ad valorem tax list. Council Member Purvis stated that he is not supporting the request of $500 due to the past history with the owner. Mr. Wordell stated that he understands and this is why they have supplied the Code Enforcement division with their contact information. Council Member Purvis asked if Mr. Wordell understood that the City is required to notify the property owner and not the manager. Mr. Wordell replied yes. MOTION TO APPROVE a lien reduction to $800 payable within 30 days or to revert back made by Council Member Bates. Seconded by Councilmember Purvis. Passed unanimoush, with all members present voicing a e. Item No. 15 — Event, Road Closure and Open Container Request — Light Up Clermont Parks and Recreation Director Davidoff presented information on phase 3 issued by Governor DeSantis. He reviewed the special events calendar, types of events, attendance and safety requirements, Clermont Downtown Partnership (CPD) requests, recommendation and "Light Up Clermont' options. Staff recommended prohibiting festival style events until January at which time Council can review. Director Davidoff then discussed "Light Up Clermont'. The event is the largest festival hosted by the City that is the kickoff to the holiday season. The event normally averages about 15,000 spectators and participants for the tree lighting, parade, and festival. If the City Council votes to not host this event, Director Davidoff highlighted alternative options which could include a virtual tree lighting ceremony with the Mayor and City Council to be broadcast on December 4 similar to what was done for the 9/11 ceremony. An enchanted village of Christmas trees could also be constructed as a walkthrough attraction. The downtown could host a cookie and cocoa walk was also proposed. City Manager Gray clarified that the City does not want to cancel Christmas, but the City would assume liability for potential Covid spread. Staff feels that the City needs to hold off on large events, but they are looking for other suggestions, such as a drive by nativity scene. A decision needs to be made though. Mayor Pro Tem Travis opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street Clermont — Does not support having events. Joa Macnalie, 1396 White Blossom Lane, Clermont — Recommends moving forward with events, but supports putting larger festivals on hold. She recommends against cancelling everything. Kimberly Grogan, 1030 W. Lakeshore Drive, Clermont Downtown Partnership (CDP) — She informed the Council that CDP vendors must sign a Covid form. The farmers market has been operating at a limited capacity, since May 31 and have only had two (2) complaints. The markets have seen varying degrees of City' of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 attendance. For the Harvest Festival, only 50 percent of vendors will be in attendance. Food trucks, harvest festival and candy cane would also have limited vendors. People can spread out in downtown. The CPD is also asking to increase farmers market by 25 percent in November and then 25 percent more in December bringing them back to 100 percent. Keith Mullins, Downtown Merchant — Adults are self -distancing. Stated that other cities have reopened for events without issues, and that the people of Clermont should have the same opportunity. He can appreciate holding off on large festivals, but supports the city approving smaller events. Lavonte Rogers, 667 W. Osceola Street, Clermont — Supports the parade. Give people a choice. Supports the City doing something. Alison Strange, 2350 Legends Way, Clermont — Representing PFX. Asked if Hancock Park is fully open for big events because they book their facilities and Hancock Park together. City Manager Gray responded that whatever is decided by Council will be applied to all events. Ms. Strange wants all five (5) ball fields open. Personally, she supports reopening. Joa Macnalie — Against the Virtual Light Up event. Pamela Amerson, 151 W. Desoto Street, Clermont — Parents are being responsible. Encourages approval of events for the kids and the community. Joe. Gustafson, 3699 Corsica Lane, Clermont — Supports requiring masks at events. Mayor Pro Tern Travis supported that idea. City Attorney Mantzaris reminded the Council that mask mandates are no longer enforceable under the Governors order. Most cities are posting signs asking people to wear masks. Seeing no further comments, the floor was closed. The Council discussed their options for the events. Council Member Purvis said that the City cannot slowly open with an event of 8,000 people. He supports the smaller events; does not support large events. Kimberly Grogan — Informed the Council that they are willing to spread things out more onto additional streets as well. A DJ will also be present to remind people to wear masks and to provide music. City Manager Gray stated they will be working with Ms. Grogran and her group. Council Member Purvis called the question. MOTION TO APPROVE the Harvest Festival. Food Truck and Candy Cane Lane with additional spacing and to grant the City Manager authority close roads as needed in regards to these festivals made by Council Member Bates. Seconded b • Mayor Pro Tem Travis. Passed 2-1 with Council Member Purvis opposing: Council Member Purvis suggested that Director Davidoff return at the October 27 meeting with an update on options with regards to "Light Up Clermont". City Attorney Mantzaris reminded the Council about the remaining items on the event list which included a disc golf tournament. 7 Cih° of Clermont IVIINUTES REGULAR COUNCIL MEETING October 13, 2020 City Manager Gray stated that if the Council granted their consent they could move forward with the events as they were previously approved by the Council. The members present unanimously provided their consent for the remaining events on the list to move forward. Item No. 16 — Ordinance No. 2020-33 INTRODUCTION— LDC Amendment — Trafc Impact Study City Clerk Howe read the ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF CLERMONT, CHAPTER 90 "CONCURRENCY MANAGEMENT", ARTICLE I, "IN GENERAL", SECTION 90-7 "ESTIMATION OF DEMAND FOR PROPOSED DEVELOPMENT"; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-33 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 17 — Ordinance No. 2020-34 INTRODUCTION — Clermont Ridge Senior Villas Annexation City Clerk Howe read the ordinance 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. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-34 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing a e. Item No. 18 — Ordinance No. 2020-35 INTRODUCTION— Clermont Ridge Senior Villas CPA City Clerk Howe read the ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SMALL 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 SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE City, of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-35 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 19 — Ordinance No. 2020-36 INTRODUCTION— Clermont Ridge Senior Villas Rezoning City Clerk Howe read the ordinance 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 C.LERMONT, 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. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-36 made by Council Member Bates. Seconded bv Council Member Purvis. Passed unanimously with all members resent voicing aye. Mayor Pro Tem Travis called for an adjournment. Prior to consent of the Council, Ms. Alison Strange approached the Council to ask for clarification on the status of the ball fields as they were not included in the Agenda Item 15 motion. Director Davidoff stated that the fields are not open at 100 percent. There are five (5) fields and three (3) are open. Most organizations are using the three (3) fields at Hancock and one (1) field at Felter Park. The tournaments are similar to festival style events. The intent is to reduce capacity. They have removed the windscreens and removed seating. Council Member Purvis stated that he believes an exception can be made for a one-time event especially since it does a lot of benefit to the community. Director Davidoff corrected Council Member Purvis and stated that Ms. Strange was not referring to the Spring Games, but rather to the tournaments that occur nearly every weekend. Council Member Bates suggested utilizing different areas to warm up rather than congregate at the ball fields. Ms. Strange stated that PGF sports staggers their teams so that they do not have overlap. MOTION TO APPROVE the use of all fields at Hancock Park for all tournaments made b Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Z Cih- of Clermont MINUTES REGULAR COUNCIL MEETING October 13, 2020 ADJOURN: With no further comments, this meeting adjourned at 8:07 pm. ATTEST: l Tracy Ackroyd Howe, City Clerk 10 APPROVED: