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02-12-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 12,2013 The Clermont City Council met in a regular meeting on Tuesday, February 12, 2013 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Bates and VanWagner. Other City officials present were: City Manager Gray, City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. Mayor Turville recognized Lake County Manager David Heath and County Commissioner Sean Parks. RECOGNITION Mayor Turville recognized members of the Code Enforcement Board,Planning and Zoning Board and the Community Redevelopment Agency with Certificates of Appreciation. PROCLAMATIONS Mayor Turville read the proclamation aloud in recognition of the 30th anniversary of Sommer Sports and presented it to Fred Sommer. Mayor Turville read the proclamation aloud in recognition of the 25th anniversary of the South Lake Animal League and presented it to Doreen Barker. MINUTES January 8, 2013 Regular Council Meeting • Council Member Goodgame moved to approve the minutes of January 8, 2013 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. January 22, 2013 Regular Council Meeting Council Member Goodgame moved to approve the minutes of January 22, 2013 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Tim Murry, 574 E. Desoto Street, presented a Certificate of Appreciation to Mayor Turville for support and active participation of Dr. Martin Luther King Jr. Day event by the Christian Men in Action. He thanked Mayor Turville for his support of all of the Christian Men in Action activities. Mr. Murry also expressed appreciation to Lake County Commissioner Parks for his support in the Dr. Martin Luther King Jr Day event. Furthermore, he invited City Manager Gray and Mayor Turville to the South Lake Black Achievers annual banquet to held on Sunday m Mount Dora at 6:00pm. Lake County Commissioner Parks introduced newly appointed County Manager David Heath. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 12,2013 Lake County Manager Heath noted he has a good working relationship with City Manager Gray and looks forward to working with the City of Clermont. Diane Stellhorn, owner of Ritter's Frozen Custard, expressed concern with the food trucks in downtown taking business away from local businesses within Clermont. She also commented on the Farmers Market advertisement on the water bills. Charles Sorkin, Little Caesars, expressed concern with the use of public equipment to advertise the food trucks. Gloria Cooper noted she has been using McKinney Park on Monday nights for her outreach program. The lights have been turned off and questioned having the electricity on when she is there. Mayor Turville and City Manager Gray stated staff will follow up with her. Mary Prescott,Clermont Downtown Partnership,thanked council for the visioning workshop. City Manager Gray remarked staff took care of the sign. Tim Murry, 574 E. Desoto Street commented on Ms. Cooper's request and requested the city help her. Ann Dupee congratulated Fred Sommer on the 30th anniversary celebration. He is the sponsor and program for the March Chamber breakfast and invited everyone to attend Ms. Dupee thanked Council for the reappointment to the Lake Apopka Gas Board and was reelected to serve as President. REPORTS City Manager Gray reported Montrose Street will be closed from 10:00pm to 6:00am Wednesday night to put in street lights. There will be a Council workshop held on February 21 at 6:00pm. He requested the Council schedule a workshop on March 21.Furthermore,the Lake County Commission postponed the red light decision to March 12. City Attorney Mantzaris—No Report Council Member Bates thanked all who attended the Council Retreat and appreciated the input received from the public.Mr.Bates will be attending the Lake County Days in Tallahassee. Council Member Goodgame commented February is Black History month and the South Lake Historical Society will have a reenactment of the Sally and James Townsend play on February 16 and 17 at 2:00pm. He noted the cost of the 4 new stop signs for Lake Avenue and Mmneola Avenue is$15 per City Manager Gray and will discuss at the Council workshop next week. Furthermore, he thanked City Manager Gray for having the sign removed in front of the shopping center. Council Member Mullins reported on attending the Chamber banquet and commented on the video the chamber introduced. There will be an Art Walk in downtown on February 16 from 5:00pm to 8:00pm with 20 stores open.The cost is $15 per person Council Member Van Wagner commented the retreat was successful and expressed appreciation to staff and the Council.Furthermore,he noted the Council is pro business and suggested a review of the codes. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 12, 2013 Mayor Turville expressed concern with the Highway 27 and State Road 50 interchange detour route. He suggested the city get involved to have a police officer stand in front and ensure one of two lines is delivered quickly without confrontation City Manager Gray noted he spoke with Chief Broadway and agreed on having a police officer help with traffic control. Staff has made attempts to work with the Florida Department of Transportation on a new detour route and have not been helpful Mayor Turville noted Item No. 2 has been tabled to the next meeting as requested by City Manager Gray and Item No. 7 has been requested to be tabled to March 12. UNFINISHED BUSINESS Item No. 7—Ordinance 2013-03 City Clerk Ackroyd read Ordinance 2013-03 aloud by title only. An Ordinance of the City of Clermont, Lake County, Flonda, adopting an Interlocal Service Boundary Agreement between Lake County, the City of Groveland, the City of Mmneola, the City of Clermont, the City of Leesburg, the Town of Howey-in-the-Hills, and the City of Mascotte; providing for severability, conflict,and effective date. Council Member Goodgame moved to table Item No. 7 to March 12; seconded by Council Member Mullins. The motion passed with all members present voting aye Council Member Goodgame moved item 2 on the consent agenda be tabled until February 26; seconded by Council Member Mullins. The motion passed with all members present voting aye. CONSENT AGENDA Mayor Turville 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- Tri America Foundation and Approve 2013 event list, fee waivers Sommer Sports for facility and park rentals, inspection fee waivers, free Police Department assistance, allowance of beverages Item No. 2-Legal Counsel Approve New engagement letter to DeBeaubien, Knight, Simmons, Mantzaris&Neal serve as Legal Counsel Item No. 3-Resolution 2013-03 Approve Resolution in support of Legislative Action of the Florida League of Cities Item No. 4—Downtown Entry Feature Approve BESH Scope of Services for Downtown Entry feature 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 12, 2013 Item No. 5-Monitoring Wells Approve AECOM Scope of Services for monitonng wells Item No. 6-Resolution 2013-04 Approve budget amendments and reorganization changes Council Member Goodgame moved that items 1, 3, 4, 5, and 6 of the consent agenda be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. NEW BUSINESS Item No. 8—Red Light Cameras City Manager Gray reported the Council approved an ordinance and contract in December to place red light cameras in the city The last piece is for the Council to vote on intersection locations of the cameras. The vendor has provided statistics of the intersections. Police Chief Broadway has reviewed the data submitted.This request is also for a Code Enforcement position to monitor the red light cameras. Chief Broadway stated he did research, analysis and data collection of traffic crashes at several intersections from the time frame of May 2011 to December 2012 He presented the recommended locations for a total of 20 red light cameras at 11 intersections. There are 4 cameras on delay for a total of 24 cameras at 13 intersections Council Member Mullins questioned the money allocation per violation. Angie Langley, ATS, stated the fee is $158 per violation with $75 to the city; $3 to the Miami Project; $10 to trauma centers throughout the state and the remainder to the State of Flonda.The allocation is based on legislation passed in 2010. Council Member Goodgame requested the Florida Department of Transportation set the amber lights with an 8 second delay throughout the city. Mayor Turville spoke in opposition to the red light cameras and agreed with the uniformity of the amber light as noted by Council Member Goodgame. Council Member Van Wagner supported having the red light cameras and considers it an asset. Council Member Goodgame moved for the approval of item 8 with the provision that the amber signal be uniformly timed throughout the city before issuing any citations; seconded by Council Member Van Wagner. Under discussion, Council Member Van Wagner questioned connecting the amber light to this agenda item. City Attorney Mantzans suggested moving forward and report back at the next meeting about the amber light timing. Council Member Goodgame stated he will drop the amber light requirement on the motion. Council Member Goodgame moved for approval of item 8 with the proviso to follow the states recommendation with the efforts of making all of the lights have the same amber light time; seconded by Council Member Van Wagner. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 12,2013 Under discussion,,Council Member Goodgame clanfied we would endeavor to make them all the same, if possible The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. Item No. 9— Variance Request 7-11 Pnncipal Planner Henschel presented the variance request for 7-11 to allow for two additional gas pump canopy signs. It is located on the corner of North Highway 27 and Citrus Tower Blvd. The signage is prohibited because the Land Development Code does ,not have the type of sign or size limitations specified. Each sign would be 4 square foot displaying their business name. This signage would be in addition to the wall signage on the convenience store building. Staff recommended denial of the vanance request due to 3 of the 8 findings have not been met. Roger Snyder,Dixie Signs,requested approval of the vanance request. Mayor Turville opened the public hearing There were no comments. Mayor Turville closed the public hearing. Council Member Mullins supported the request. Council Member Mullins moved to grant the variance; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Item No. 10-Rental Fee Waiver and Beverage Policy City Manager Gray noted this item was discussed at a workshop in November in regards to the Council receiving a number of fee waiver requests. There is also an alcohol policy as it relates to serving beer and wine at city facilities. Parks and Recreation Director Teske presented the alcohol and fee waiver policy. Any waiver request under the amount of$2,500 could be approved by the City Manager and above$2,500 would come before the City Council for consideration.The majonty of the waivers are between$100 and$1,000. City Manager Gray stated he will work with Parks and Recreation Director Teske on a continual basis and will develop internal policies to remain consistent. An applicant will have the ability to come to Council if they do not like the decision made by staff. Council Member Mullins supports the concept.He further questioned the types of fees to be waived. Parks and Recreation Director Teske stated anything on a fee schedule could be approved by the City Manager. Mayor Turville requested a waiver report from staff. City Manager Gray stated he could provide a report to Council either monthly or quarterly Council Member Van Wagner expressed support for the idea. Mayor Turville opened the public heanng. There were no comments 5 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING February 12, 2013 Parks and Recreation Director Teske reviewed the alcohol policy for city buildings, streets and parks.The City Manager would have authonty for any indoor facility owned by the city. Alcohol will only be allowed to be served by service personnel holding an appropriate State of Florida beer and wine license. The City Manager will have the authority to approve or deny all indoor events. A licensed caterer has to be approved by the city. Outdoor events would have to be approved by the Council. Mayor Turville opened the public hearing.There were no comments. Mayor Turville suggested if there is an event request with alcohol and no food then it would have to be considered by the City Council. Ann Dupee questioned the Pig on the Pond event. Parks and Recreation Director Teske reviewed the confined area. Ann Dupee questioned a request for a full bar. City Manager Gray stated it would not be allowed per the policy. Mayor Turville stated this policy will be overseen by the City Manager. If an applicant has a request beyond this policy,he advised to come before the City Council for consideration. Mayor Turville closed the public heanng. City Attorney Mantzans reminded Council this is a policy and can be changed at the next meeting Council Member Goodgame moved for the approval of item 10; seconded by Council Member Bates.The motion passed with all members present voting aye. Item No. 11—Time Limits City Manager Gray reported this item was discussed at the Council retreat. He read aloud the current language approved by Council that is on the agenda to limit speakers to 3 minutes for non-agenda items and 5 minutes for items on the agenda. Council Member Goodgame suggested leaving the 3 minute and 5 minute limit and to have the Mayor abide by the rule. Mayor Turville agreed. Council Member Bates requested limiting people from speaking multiple times on the same item. Council Member Van Wagner spoke in favor of leaving the time limits and requested the speakers stay on point. Council Member Goodgame moved this procedure has been m place and the Council has not acted upon it and leave it at the discretion of the Mayor and the rest of the language at the discretion of the Council be removed and tell people of the time limits we are asking them to observe; seconded by Council Member Mullins Under discussion, Council Member Goodgame clanfied the motion removes the last part of the sentence that states at the discretion of the City Council. Council Member Bates asked speakers to refrain from speaking multiple times on the same issue. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 12, 2013 The motion passed with all members present voting aye. Item No. 12—Ordinance 2013-02 Mayor Turville read Ordinance 2013-02 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of the City of Clermont,Florida,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the goals, objectives and policies of the Capital Improvements Element of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments;providing for severability,conflict and an effective date. Council Member Mullins moved for the introduction of Ordinance 2013-02; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 13—Ordinance 2013-04 Mayor Turville read Ordinance 2013-04 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 98 Parking and Vehicular Use Areas, creating a new Section 98-16 Bicycle Parking Space requirement; Chapter 102 Signs, Section 102-2 Definitions, Section 102-7 Exempt Signs, Section 102- 15 Permitted Signs, Chapter 118 Vegetation, Article II Landscaping, Section 118-36 Plant Material, Section 118-37 Landscape Buffers; Chapter 122 Zoning,Division 10, C-1 Light Commercial District, Section 122-203 Permitted Uses, Section 122-204 Conditional Uses, Section 122-206 Yards; Chapter 122, Division 11, C-2 General Commercial District, Section 122-223 Permitted Uses, Section 122-224 Conditional Uses, Section 122-226 Yards; providing for codification, severability, effective date, and publication. Council Member Mullins moved for the introduction of Ordinance 2013-04; seconded by Council Member Council Member Goodgame recommended discussing at the February 21 workshop The motion passed with all members present voting aye. AAJOURN:.f With no further comments,this meeting was adjourned at 9.21pm. a APPROVED: '' ' 2 / / Harold S.Turville,Mayor t ATTEST:' _ Ji r' t Tracy kc oyd, City Clerk4 r'frlf��r►ttttttt � '`0** 7