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Minutes - 09.08.2020 - City Council Regular MeetingCitt• of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 The City Council met in a regular meeting on Tuesday, September 8, 2020 in the Clermont City Center. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Travis. Bates, and Punis. Other City officials present were City Manager Gray, City Attorney Mantzaris, Assistant City Manager Dauderis and Deputy City Clerk Lueth. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed in place of the invocation followed by the Pledge of Allegiance. PROCLA'4 IATION Deputy City Clerk Lueth read the proclamation into the record. The proclamation was presented to Ms. Lindsey Collins of SRI Management Inc. in recognition of Assisted Living Week. PRESENTATIONS Hooks Street Alignment City Manager Gray introduced Dwayne Darbone of Metro Consulting Group. City Manager Gray explained that this presentation will highlight the final development of the Hooks Street connection that will connect Hancock Road to Hartle Road. Mr. Darbone from Metro Consulting presented a PowerPoint presentation. This is a two (2) phase project to complete the final extension of Hooks Street. The first phase involves engineering conducting a noise study, reviewing alignment options, and public involvement. Public involvement starts tonight. There is a website that contains newsletters, environmental reports, etc. This concluded his presentation. City Manager Gray informed the Council he asked for this presentation as Metro Consulting begins working with the County and the public for input so the Council is aware of the plan. Mayor Ash asked if there were any dates set for the public input meetings. Mr. Darbone responded that he is looking for a late October/early November for the next meeting. It will be an alternative paths meeting. Mayor Ash asked where the meetings would be held. Mr. Darbone stated they had not finalized a location as of yet. City Manager Gray stated that they can use any of the City facilities if they wish. Fiscal Year 2019 Annual Financial Report Finance Director Pam Brosonski introduced Tamnu Campbell of the audit firm McDermott Davis to present the audit report for Fiscal Year 2019. Ms. Campbell informed the Council that the City had received a Certificate of Achievement. The City received a clean audit report which is the best report the City can receive. Ms. Campbell highlighted figures in the PowerPoint presentation. She stated the City has strong reserve funds -which includes significant amounts of unrestricted reserve dollars. She explained that Enterprise funds which are made up of primarily water and sewer, are strong and --yell-funded. The City has consistently paid off its debt, and the City is in compliance with all laws and regulations. Cite of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 Ms. Campbell added that this year, the City was subject to a federal audit review and the firm found no issues. She concluded by stating that there are no problems with the City's internal controls. Fiscal Year 2020 Quarterly Budget Presentation Finance Director Pam Brosonski provided the quarterly finance report. She stated that ad valorem taxes are collected at the beginning of the year and spent throughout the year; they have collected 98.8% of the ad valorem projected revenues. The One (1) Cent Sales Tax is not going to meet the 100% funded threshold and will end the year at 70% funded. The state shared revenues have also declined, and will also end the year just under 70%. Franchise fees are also low because Duke Energy did a rebate to customers due to Covid-19 which has caused delays in their payments. All other funds, except sanitation, has exceeded projections. City Manager Gray said that staff has spent significant time cutting costs, and informed the Council they are now thinking the City is not going to take as big of a hit as initially thought. PUBLIC COMMENTS Charlene Harrison Forth. 939 W. DeSoto, Clermont - Talked about a fitness trail around Center Lake that is non-existent but keeps being printed in the paper. City Manager Gray informed the Council that the trail was taken out years ago before he was even City Manager and though putting a trail back around the lake is not part of the plan right now, he will look into it. Vincent Nimicek. 4569 Barrister Drive, Clermont — Upset about the support for the Hooks Street expansion when Hartwood Marsh is a failing road. Accused City Manager Gray of not being responsive to him as a resident and lying to him. City Manager Gray informed the Council that he informed Mr. Nimicek to contact his assistant to schedule an appointment. Greg Amann. 550 East Avenue, Clermont — Rose to support and defend City Manager Gray. Mayor Ash asked if there was any more continents from the public; seeing no one come forth, the floor was closed from further continent. A member of the public rose to speak after the floor was closed. Mayor Ash opened the floor upon consultation with City Attorney Mantzaris. Joa Macnalie. 3296 White Blossom Lane, Clermont — Asked if video recordings were made available or if they were made available via Zoom for people who cannot attend the meetings. City Manager Gray informed Ms. Macnalie they are not available anymore and that it was only done so when the Council met remotely. Ms. Macnalie asked how people get information from the meeting. City Manager Gray responded they can contact the City Clerk's Office for minutes. Mayor Ash added that audio tapes are also available from the City Clerk's office. Seeing no further comments, Mayor Ash closed the floor from further comments. REPORTS CITY MANAGER REPORT City Manager Gray asked the Council for guidance on how they would like to proceed with the RFQ process for the waterfront activation zone. The next step would be to have a public meeting for input. Oh! of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 His recommendation is to push the public workshop until January next year. Council Member Travis agreed stating she would like to see a full City Council seated before moving forward on the project. Council Member Purvis asked if there was a time limit or penalty for not having the meeting sooner. City Attorney Mantzaris replied that a consequence could be that a potential bidder withdraws a proposal. City Manager Gray continued his report by informing the Council the Final Budget Public Hearing is Thursday, September 17 at 6:30 pm. City Manager Gray continued his report by asking the Council to discuss the Great Floridian Triathlon. The Council has already approved the event, but currently under the Covid Phase 2 plan, the City should not allow any large scale events until Phase 3. Mayor Ash asked what the Council can do if the City wants the event, but it goes against the Governor's order. Attorney Mantzaris explained that it is tricky to say as the orders are always evolving and the City would have to review whatever order is in place at the time of the event. Council Member Travis asked how other cities are holding events. Attorney Mantzaris replied that it depends on how those events comply with the Center for Disease Control (CDC) guidelines. He stated that the authorities in those areas must be confident that the events will keep to the guidelines for Covid prevention and can maintain compliance with the Governor's orders. Fred Sommers. Sommers Sports - This is the 30'J` year of the Great Floridian Triathlon. It has also been designated as the National Championship race for ultra -distance. The events that he held in June and July went extremely well. The events then were completely compliant with CDC regulations, US Track & Field guidelines, and other guidelines including some of their own. Mr. Sommers informed the Council about all the ways he can be compliant with social distancing guidelines. The Great Floridian Triathlon has about 600 participants which is about half of the normal occupancy. As a triathlon, the event has social distancing built in naturally, and the differing sport events are separated. Mr. Sommers explained these events are good for the local community. As the event promoter, they encourage participants to go downtown and visit business for food and drink. Mr. Sommers stated he is concerned about the current position on opening events only in Phase 3. He believes that certain athletic events like his should not be grouped with events that concentrate people together. At the end of the day, he wants to stay in Clermont, but from a business perspective they have to look for homes for their events where their events can be allowed. Mayor Ash stated she wants to approve the events. If the Council has already given permission earlier in the year she does not see why they cannot move forward now. Mayor Ash asked if the Council can consider and vote on an item not on the agenda. City Attorney Mantzaris said yes. Council Member Purvis stated he has experience putting events together and knows the amount of planning and time that goes into them. He also stated that he has not lost sight of what these events promote. However, he cannot support any more public events until phase 3. He believes that Covid numbers will be up next month due to schools opening. and he cannot support this while the virus is uncontained. Cite of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 Council Member Bates asked if the City has denied other events. City Manager Gray informed him the City has denied other events. Council Member Bates said that he has a tough time approving some events and denying others. Council Member Travis asked if the event could be held at a later date. Mr. Sommers replied that it could not be held later in 2020. Mayor Ash stated they cannot make a rush decision. She requested a special meeting be held by the City Council on this topic. City Manager Gray offered that they can place it on the budget hearing agenda for Thursday the 17'b since it is an already advertised meeting. CITY ATTORNEY REPORT City Attorney Mantzaris — No report CITY COUNCIL REPORT Council Member Bates — No report Council Member Purvis Live stream is available through non -city affiliated organizations. They are the South Lake TV and Inside Clermont. Council Member Travis — No report 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 please come forward at this time. Item No. 1— Minutes Approval Item No. 2 — Surplus Request Item No. 3 — Resolution No. 2020-49R Item No. 4 — Request for Boat Ramp Closure Consider approval of the meeting minutes of the Regular City Council meeting held August 25, 2020 Consider declaring end of life inventory as surplus from Information Technology Department and dispose of accordance with the Procurement Services policy. Consider approval of an updated Comprehensive Fee Schedule. Consider boat ramp closure request from Sommer Sports on October 24, 2020 for the "Great Floridian Triathlon" at Watefront Park. Item No. 5 — Police Officers Collective Bargaining Consider approval of proposed individuals to serve on the City's negotiations team for the International Union of Police Associations, AFL-CIO Collective Bargaining. 4 0h, of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 Item No. 6 — Imagine South Lake Charter Request Consider request for a waiver of charges form the 4t` quarter billing for the School Resource Officer in the amount of $23,224.50. Item No. 7 — Parking Agreement Consider Parking Lease agreement for the Central Business District. Mayor Ash asked the Council if there were any items they wished to pull from the agenda. City Manager Gray informed the Council that item no. 4 would be pulled from the consent agenda as it is related to Mr. Sommers request; he also informed them that item no. 9 has been withdrawn. Council Member Purvis asked that Item No. 7 be pulled for discussion. MOTION TO APPROVE items 1-3, 5 and b of the Consent Agenda for September 8. 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimousl • with all members present voicing aye. Council Member Purvis stated he is pushing for parking downtown, but he is concerned about entering into agreements without the City having a plan. He referenced a conversation with the City Manager where the City Manager had told him that a discussion would be placed on an upcoming agenda. He wanted to know when that would happen. City Manager Gray responded that the item was supposed to be on the August Workshop agenda, but was cancelled. He stated that the discussion was rescheduled and is on the agenda for this evening as Item No. 12. Item No. 7 was moved for consideration until after Item No. 12. NEW BUSINESS Item No. 8 — Variance Request — 141116a` Street Planning and Development Services Director Curt Henschel presented a PowerPoint presentation to the Council. The applicant is asking for a variance of a twenty (20) foot rear -yard setback instead of a twenty- five (25) foot setback as in the code. The proposal is to encroach five (5) feet into the rear yard setback. After review, staff recommends approval of the variance request. Patrick Bianchi. 752 W. Montrose Street. Clermont — applicant representative. Mr. Bianchi informed the Council that they are not changing any of the impervious surface. He also submitted into the record letters from all the surrounding neighbors not objecting to the proposed project. Council Member Travis asked why the application says David Houston. Mr. Bianchi explained that the Houston's are the property owners and he is their representative. Mayor Ash opened the floor for continents from the public; seeing no public come forth the floor was closed. Cih- of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEM 3ER 8. 2020 MOTION TO APPROVE the variance request for 1411 16th Street made by Council Member Bates. Seconded by Councilmember Purvis. Passed unanimously with all members voicing aye. Item No. 9 — Variance Request — Perimeter Park West This item was withdrawn from the agenda. Item No. 10 — Variance Request - 224 Carroll Street City Planner John Kruse provided the staff presentation via a PowerPoint. The applicant is requesting a variance for an unpermitted utility shed. The property owner has been cited by Code Enforcement. The shed requires a variance in order to leave it in its current positon. The owner will get a permit if the variance is granted. After review, staff recommends denial of the request. Henry Tacke. 224 Carroll Street, Clermont — applicant. Informed the Council that the home does not allow space on the side or the rear yard for the storage shed. Mayor Ash opened the floor for comments from the public; seeing no public come forth the floor was closed. Council Member Bates asked if there are storage units in the front yard in other properties in Clermont. Planner Kruse responded there are examples, but they are not common, and may have been in existence prior to the adoption of the regulation. MOTION TO DENY the variance request for 224 Carroll Street made by Council Member Travis. Seconded by Council Member Purvis. Passed 3-1 with Mayor Ash dissenting. Item No. 11—Event and Road Closure Request Parks and Recreation Director Scott Davidoff informed the Council that applicant requests the agenda item be moved to Thursday the 17t` to be heard in conjunction with the Sommers event request. The Council consented to the item being heard on Thursday the 17th Item No. 12 — Downtown Parldng City Manager Gray introduced the agenda item saying the City had wanted to do a parking study of the downtown in support of the Downtown Master Plan. Since the City has invested in the downtown, the community is now starting to see the private investors investing into the downtown. City Manager Gray stated the City has the fu-tn Kittelson & Associates on continuing contract to assist the city with traffic engineering. Adam Berguff. Kittelson and Associates — Conn -act Consultant. Mr. Berguff presented a PowerPoint presentation and read from the slides. According to the presentation. there is a mix of public and private parking throughout the downtown. There are 406 private parking space downtown. There are 417 street spaces and 232 public parking spaces. These figures do not include the 182 spaces in the waterfront area. For leased surface spaces there are an additional 388 spaces. There are 1,443 space in total. Mr. Berguff concluded that based on their analysis there is a surplus of parking. City Manager Gray informed the Council that since the conclusion of the analysis, a lease agreement has expired. This means there are 44 less spaces which means there are 1,399 spaces in total available. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 Mr. Berguff added that Covid-19 has hampered occupancy use study. City Manager Gray reminded the Council about options of leased parking and the master plan includes a parking structure in the future. He highlighted a couple locations. He also reminded Council the downtown area currently exceeds the required shared parking spaces as required in the code. City Manager Gray thanked the Downtown Partnership for their contributions and recommendations for the analysis. He appreciates their push for a downtown parking structure. Mayor Ash opened the floor for comments from the public. Keith Mullins — Wants the Council to adjust their formula for accounting for barber and beauty shops. Mr. Mullins believes it should be based on chairs. Also, told the Council that downtown needs more handicap and pregnant parking. When his customers have a parking problem, his register has a cash problem. Supports the overall concept. Mark Graff, 1944 Bradley Circle — Wanted to know how long it will take to actually identify, purchase, design and construct a parking structure. City Manager Gray responded that it would take a few years. Mr. Graff stated that he feels that the Council needs to say yes now, so it can be built later, and if they wait, they will have a problem. Chris Ballard, 773 W. Montrose. Clermont — His customers are mostly seniors. He says that the survey does not take into account elevation and the parking at the Methodist church is too far uphill for many of his customers. Agrees with need for more handicap parking. Supports more centralized parking overall. Charlene Forth, 939 W. DeSoto Street, Clermont — Feels that Clermont is years behind. Supports a parking structure now. Bill Ellison — Parking has always been a problem. Families with strollers do not want to walk three blocks in the rain. They will go somewhere else. Allison Strange, 1120 W. Lakeshore Drive, Clermont — Encouraged the Council to consider families and their needs. Kimberly Grogan, 1030 W. Lakeshore Drive, Clermont — Complained about downtown employees utilizing street parking. Would like to see time restrictions on street parking. Seeing no one else come forth, Mayor Ash closed the floor from further comments. City Manager Gray stated the City has made an offer on the Dehoyas property. He informed the Council that if they wish, he can bring options to them at the October Council workshop so that the initial planning would be done this calendar year. Council Member Purvis and Travis stated that they want to see estimated figures at the workshop as well. NO ACTION TAKEN -4genda Item No. 7 was considered at this time. City Manager Gray clarified for the Council that this is property located across from the brewery and they can get about 100 spaces out of the lease agreement. Citi• of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 812020 Director Henschel added this site is both paved and grass. Mayor Ash opened the floor for continents from the public. Joa Macnalie — Asked the Council for clarification on the location. Charlene Forth.. 939 W. Desoto Street. Clermont — Opposes lease agreement. City Manager Gray informed the Council there are no general fund tax dollars paying for the lease agreements. They are paid for by the downtown property owners CRA fund. Bill Ellison — Parking lease needs to happen. Without this lease, his business is dead because this is the primary location for his customers. Keith Mullins, Drew Ave, Clermont — Supports the lease agreement. Allison Strange, 1120 W. Lakeshore Drive, Clermont — Supports the lease agreement. Against the Dehoyas property being used for a parking garage. Seeing no one else come forth, the floor was closed. Council Member Bates stated he is confused because the presentation just stated the City has a surplus of parking, but now the Council is being asked to add more. City Manager Gray stated that the 100 spots in the lease agreement was included in the surveys count. If the City does not renew the lease agreement. Mr. Stringfellow could develop the lot as it will return to being private property. Council Member Travis reminded the Council that Mr. Stringfellow has a development plan for condos on that lot. Councilmember Purvis stated that he would like to see the agreement have a one (1) year notice of termination requirement. Attorney Mantzaris stated that it currently only has a sixty (60) day termination notice. MOTION TO APPROVE the lease agreement for downtown parking made by Councilmember Travis. Seconded bs- Councilmember Purvis. Passed 3-1 with Councilmember Purvis dissenting. Item No. 13 — Ordinance No. 2020-31—INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LADE COUNTY, FLORIDA; AMENDING CHAPTER 70 " NVATERMVAYS" OF THE CODE OF ORDINANCES, CREATING ARTICLE I "SPEED LIMITS", SECTION 70-1 "AUTHORITY", SECTION 70-2 "DEFINITIONS", SECTION 70-3 "IDLE SPEED NO V*1AhE ZONES, SECTION 70-4 "ADOPTION OF SPEED LIMITS" AND SECTION 70-5 "ENFORCEMENT AND PENALTY"; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Lueth read the legal title into the record. Council Member Travis asked if the enforcement zone includes the boathouse. City Attorney Mantzaris stated that the enforcement zones do include an area by the boathouse. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 MOTION TO INTRODUCE for future consideration Ordinance No. 2020-31 made by Council Member Bates. Seconded by Councilmember Travis. Passed unanimously with all members voicing av-e. Item No. 14 — Ordinance No. 2020-32 —INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LADE COUNTY, FLORIDA, AMENDING CHAPTER 54 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", ARTICLE V, "PARKS AND RECREATION AREAS", AMENDING SECTION 54-122 "DEFINITIONS"; CREATING NEW SECTION 54-129 "BICYCLES, MICROMOBILITY DEVICES AND MOTORIZED SCOOTERS" OF THE CITY CODE, PROVIDING FOR DEFINITIONS, PROHIBITION OF OBSTRUCTION OF STREETS, SIDEWALKS AND TRAILS, PROHIBITION OF MOTORIZED SCOOTERS AND MICROMOBILITY DEVICES IN CITY PARKS AND ON CITY TRAILS, AND STAGING OF BICYCLES, MICROMOBILITY DEVICES AND MOTORIZED SCOOTERS; RENUMBERING "ENTORCEMENT; PENALTIES" TO SECTION 54-130 OF THE CLERMONT CITY CODE; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADINUNISTRATIVE CORRECTION OF SCRIVENERS ERROR, CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-32 made by Council Member Bates. Seconded by Council Member Travis. Passed unanimously with all members voicing aye. p7 City- of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2020 ADJOLIZN: With no further comments, this meeting adjourned at 8:35 pm. APPROVED: ATTEST: Tracy Ackroyd Howe, City Clerk 10 ORDER OF DENIAL Variance Application — 224 Carroll St. Request for Variance Location: 224 Carroll Street AK 1628229 Applicant: Henryk Tkacz Public Hearing Date: September 8, 2020 The application was heard by the City Council for a variance request to allow for: (1) to allow for a utility building less than 150 square feet to be placed in the front yard and less than 30 inches from the side property line other than as required by the Land Development Code, Section 122-342 Special Setbacks, based on the information and evidence presented at the September 8, 2020 public hearing. NOW, THEREFORE, the City Council of the City of Clermont, Lake County, Florida by a 3 — 1 vote does hereby deny the above -stated application for the variance request. City Staff recommended denial of the application request. DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 8th day of September, 2020. CITY OF CLERMONT ATTEST: l Tracy Ackroyd Ifowe, City Clerk