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Minutes - 11.10.2020 - City Council Regular MeetingCity of'Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 The City Council met in a regular meeting on Tuesday, November 10, 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 Travis, Bates, and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Father Mark Wajda of Blessed Sacrament Catholic Church followed by the pledge of allegiance. PRESENTATIONS Reco f iition of Ma or Gail Ash and Mayor Pro Tem Diane Travis City Manager Gray recognized Gail Ash for serving nine (9) years on the City Council from 2002 to 2005 as a Council member and six (6) years as the first woman Mayor from 2014 to 2020. City Manager Gray also recognized her service on the Planning and Zoning Board as well as on various boards and organizations throughout the county. He thanked her for her many years of dedication to the City. Mayor Ash expressed appreciation to City Manager Gray, the city staff and the community and looks forward to helping in the future. City Manager Gray recognized Mayor Pro Tern Travis for her six (6) years of service to the City of Clermont. She has served as Mayor Pro Tern for years 2017, 2018 and 2020. She has served on various boards and organizations, including the Metropolitan Planning Organization, and has tirelessly served the city. She has been an advocate for trails and bicycle safety, and was an ardent proponent of the rebranding of Clermont as the "Choice of Champions". Council Member Travis stated that she enjoyed working with the Council and City Manager and it has been an honor to serve the citizens. PUBLIC COMMENTS Cuqui Whitehead, 700 Hooks Street, Clermont - Thanked Mayor Ash for her service. Charlene Forth, 939 W. Desoto Street, Clermont — Spoke against Mayor Ash and said it is time for the citizens to retake control of the City. Joa Macnalie, 3296 White Blossom Lane, Clermont - Thanked Mayor Ash and Council Member Travis for their service. Congratulated Council Member Bates on his reelection. Encouraged the Council to work as a team. Kyah Mohammad, 177 Lyndon Street, Clermont — Spoke against technologies brought in the name of convenience. REPORTS CITY MANAGER REPORT City Manager Gray informed the Council that City offices would be closed in honor of Veterans Day, and on November 26 and 27 for Thanksgiving. City of'Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 He announced there will be a Special Meeting on November 17 to accept the election results and conduct the oaths of office for seats 1, 3 and 5. Since no candidate for seat 4 received more than 50% of the total votes cast, they will have a runoff election on January 5, 2021. City Manager Gray informed the Council that a tropical storm is churning off the coast and that City staff is monitoring the situation. City Manager Gray highlighted changes to the agenda and concluded his report. CITY ATTORNEY REPORT City Attorney Mantzaris wished Mayor Ash and Council Member Travis well as they leave the Council. CITY COUNCIL REPORT Council Member Bates - Expressed appreciation to the Veterans for serving the country. - Thanked Mayor Ash and Council Member Travis for their service. Council Member Purvis - Wished the Mayor and Council Member Travis well. - Will have a new Council in January. - Wished everyone well going forward. Council Member Travis - Thanked City Clerk Howe and City Attorney Mantzaris and said it has been a pleasure to work with them. - Wished Mayor -Elect Tim Murry well. 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 — Legislative Priorities Item No. 3 — Canvassing Board Appointments Consider approval of the minutes from the City Council Meeting held October 27, 2020 Consider the list of Legislative Priorities to include our upcoming Master Plan projects and other overall priorities. Consider appointment of canvassing board members for the January 5, 2021 Special Election for Seat 4. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 Item No. 4 — Surplus Request Item No. 5 —Bid Award Item No. 6 — Terminate Contract Item No. 7 — Piggyback Purchase Item No. 8 — Piggyback Purchase Item No. 9 — Piggyback Purchase Item No. 10 — Piggyback Agreement Item No. 11 — Piggyback Agreement Item No. 12 — Piggyback Agreement Item No. 13 — Employee Benefit Changes Item No. 14 — Resolution No. 2020-69R Consider declaring end of life inventory as surplus form the departments of Information Technology, Fire Department and Public Services and dispose of in accordance with the Purchasing Policy. Consider awarding bid to Central Lock & Hardware Supply East, Inc. d/b/a Central East Warehouse to purchase restroom upgrades in the total CARES Act funding amount of $119,186. Consider contract termination between the City of Clermont and ESX Construction, LLC in the lump sum amount of $179,000. WITHDRAWN BY STAFF Consider piggyback of the Florida Sheriffs Association contract with Duval Ford to purchase three (3) vehicles in the budgeted amount of $72,903. Consider piggyback of the Florida Sheriff's Association contract with Container Systems & Equipment Company, Inc. and Ring Power Corp to purchase one (1) sweeper truck, one (1) compactor and one (1) vacuum excavation vehicle in the total budgeted amount of $715,182. Consider piggyback of Omnia Partners contract with CDW Government to provide IT solutions and services in estimated budgeted amount of $100,000. Consider piggyback of Omnia Partners contract with SHI International Corp to provide IT solutions and services in the estimated budgeted amount of $100,000. Consider piggyback of City of Largo contract with BLD Services LLC to provide Trenchless Sanitary and Storm Sewer Rehabilitation in the estimated annual amount of $100,000. Consider employee group medical and dental plan changes effective January 1, 2021. Consider approval of an updated Comprehensive Fee Schedule. Item No. 15 — Resolution No. 2020-70R Consider Fiscal Year 2020 Budget Amendment. 3 City of'Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 Item No. 16 — Event and Road Closure Request Item No. 17 — Event and Road Closure Request Item No. 18 — Event and Road Closure Request Consider Mega Food Truck event and road closure in downtown Clermont on January 16, 2021. Consider event and road closures request for the Clermont Downtown Partnership to host annual "Downtown Clermont Home and Garden Show" on February 27, 2021. Consider Downtown Partnership request to host weekly Farmer's Market with road closures for 12 months. MOTION TO APPROVE the consent agenda for November 10 2020 except for item no. 7 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. UNFINISHED BUSINESS Item No. 19 — Ordinance No. 2020-30 FINAL — Encompass Health PUD 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, EFFECTIVE DATE, AND PUBLICATION. This item was heard out of order during the City Manager's report. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO TABLE the public hearing of Ordinance No. 2020-30 until December 8. 2020 per the applicant's request made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 20 — Ordinance No. 2020-38 FINAL —Sign Code Amendment AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; CHAPTER 102 SIGNS, ADDING SECTIONS 102-26 "OTHER SIGNS"; PROVIDING FOR CONFLICT; SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR; RECORDING; PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Development Services Director Curt Henschel provided the staff presentation. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 Staff is proposing a land development code amendment to allow artistic murals within the Central Business District (CBD). Building owners will be required to acquire a permit from the City prior to having any art placed on their building. The regulations state that the art shall not include corporate logos, advertising of products or art work that may include nudity, violence, or hate messages. Text will be limited to 5% of the art. Under the proposed regulations murals are still not permitted on residential structures. Director Henschel discussed several slight changes from the original ordinance that was posted with the agenda packet. These changes were provided to the Council in their supplemental agenda items. Director Henschel informed the Council that both staff and the Planning and Zoning Board recommend approval. He added that Planning and Zoning also recommended making this city wide. City Manager Gray suggested that the City start with downtown and see how it goes. If the Council would like to open it up to the entire City, then it can be expanded later. Council Member Purvis asked who the applicant is. Director Henschel stated that the city is the applicant and that it is limited to the Central Business District. Mayor Ash opened the public hearing. Joe Gustafson, 3699 Corsica Lane, Clermont — expressed support. Asked who approves the murals. City Attorney Mantzaris informed the Council that it is decided at the staff level. If the applicant is denied they can appeal to the City Council. Joa Macnalie, 3296 White Blossom Lane, Clermont - expressed support. Suggested the Council open it up the public to be part of it. Charlene Forth, 939 W. Desoto Street, Clermont - expressed support. Asked about who determines offensiveness. Pat Kelly, City of Minneola — Minneola is looking at the same for along the public trails. FDOT would not allow letters or numbers on the murals on the trails. Seeing no further comments from the public, Mayor Ash closed the floor from further comments. Council Member Bates likes the idea but has concerns. He would like the Council to have the opportunity to view the art. Council Member Purvis supports Council Member Bates position. The Council should be part of the decision. City Attorney Mantzaris informed the Council that it is the normal process for staff to apply the code on a daily basis. At any given point, they have a right to return to Council. He further explained that the murals are on private property, not public so there has to be a certain amount of reliance on the building/business owner. The Council cannot deny an application based on content due to first amendment freedoms of expression. He strongly advised and cautioned the Council to not have these approvals be Council decisions. Council Member Travis stated that if they make the Council approve every mural, it will take forever and the business owner will have to wait. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 Mayor Ash agreed with Council Member Travis they are essentially creating an extra barrier. She believes that staff makes great decisions, and have the Council approve will create extra work and time. Council Member Bates wants to give the public input, and asked staff how many people are interested. City Manager Gray stated there are a couple. He advised that the Council do it on a trial bases for a couple of months. If someone applies for it, city staff can get it on the next agenda. He reminded them that art is up to interpretation and that a review cannot be based on content. He reminded the Council that they have a set of codes that are approved at the staff level. The vast majority of cities do not take it to the governing boards. MOTION TO APPROVE and adopt Ordinance No. 2020-38 as amended adding language to require all permits to be a roved by the City Council made bti Council Member Bates. Seconded by Council Member Purvis. Passed 3-1 on rollcall vote with Council Member Travis opposing, Item No. 21— Ordinance No. 2020-39 FINAL —Highland Ranch ROW Vacation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING AN UNNAMED PUBLIC RIGHT OF WAY LYING EAST OF TRACTS 21, 28,37,44 AND 53A, AND LYING WEST OF TRACTS 29, 36 AND 45, LAKE HIGHLAND COMPANY, ACCORDING TO THE PLAT THEREFORE AS RECORDED IN PLAT BOOK 3, PAGE 32, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING IN SECTION 16, TOWNSHIP 22 SOUTH, RANGE 26 EAST AND DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Planning Manager John Kruse provided the staff presentation. The proposed vacation is part of the Lake Highlands Plat from 1917. The underlying right of way has been reviewed by city staff and it has been determined that vacation of this section with not impede access to property owners. The City is the applicant in this case and staff is recommending approval. Mayor Ash opened the floor for comments from the public; seeing no one come forth, the floor was closed. MOTION TO APPROVE and adopt Ordinance No. 2020-39 vacating art of the citv's right-of- waV made by Council Member Bates. Seconded by Council Member Purvis. Passed 4-0 on roll call vote with all members present voicing; aye. NEW BUSINESS Item No. 22- Variance Request — East Desoto Street Planning Manager John Kruse presented the variance request. The applicants are looking for a lot width reduction of 3 ft. to 72 ft. instead of the current 75ft. This will allow for the development of two (2) single family homes. The Comprehensive Plan encourages infill development. The Land Development Code requires a positive finding for the granting of a variance. Staff has reviewed the application and determined that it does meet a positive finding. Staff recommends approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 Ken Costello, 1213 Union Club Drive, Winter Garden — Applicant. Requesting approval. Displayed renderings of the proposed homes. Mayor Ash opened the floor for comments from the public; seeing no one come forth, the floor was closed. Council Member Purvis asked how the proposed homes fit with the aesthetic appeal in the area. He is opposed to the homes. Council Member Travis reminded the Council that they are only reviewing a variance. MOTION TO APPROVE the request for variance made bV Councilmember Travis. Seconded by Council Member Bates. Passed 3-1 with Council Member Purvis opposing. Item No. 23 — Variance Request — Toyota of Clermont Development Services Director Henschel presented the variance request to allow a number of wall signs to exceed Land Development Code requirements. The property is located north of 50 West on the Orange/Lake property line. The signs are for a proposed collision center. The applicant has indicated it will allow the customers to identify services provided and enhance customer service experience. Staff has reviewed application and finds that the application does meet a positive finding for a variance. Staff recommends approval. Mayor Ash opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont - Expressed concern with setting a precedent. Seeing no further comments, the floor was closed. Mayor Ash asked where the signs would be located. Director Henschel stated that these signs would be located on the building in the back. These are wall signs, not monument signs, on the collision center. MOTION TO APPROVE the variance request made by Council Member Bates. Seconded b Council Member Travis. Passed unanimously with all members present voicing aye. Item No. 24 — Variance Request—16512nd Street WITHDRAWN Item No. 25 — Resolution No. 2020-68R — Citizen Advisory Committee A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA CREATING A SPECIAL POLICE DEPARTMENT CITIZENS ADVISORY COMMITTEE; PROVIDING FOR THE PURPOSE; MEMBERSHIP; QUALIFICATIONS; STAFF ASSIGNMENT/ RESPONSIBILITIES; CONDUCT OF MEETINGS; CONFLICT AND AN EFFECTIVE DATE. This item was heard out of order during the City Managers report. City Manager Gray stated the City will bring this back in January. No formal action was needed by the Council. 7 City of'Clermonl MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 Item No. 26 — Ordinance No. 2020-40 INTRODUCTION— Olympus Zoning PUD Amendment 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 CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-40 made by Council Member Travis. Seconded by Mayor Ash. Passed unanimously with all members present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 10, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:36pm. Tracy Ackroyd Howe, City Clerk �9 APPROVED: Tim Murry, Ma or