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05-14-2013 Regular Council Meeting Minutes City of Clermont MINUTES REGULAR COUNCIL MEETING May 14,2013 The Clermont City Council met in a regular meeting on Tuesday, May 14, 2013 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:01 pm with the following Council Members present: Council Members Mullins, Goodgame, Bates and VanWagner. Other City officials present were: City Manager Gray, City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Turville read the election proclamation aloud. City Clerk Ackroyd announced the Supervisor of Elections will be combining Precinct 88 St. Matthias Episcopal Church and Precinct 15 Jenkins Auditorium beginning this year at the Clermont Community Center. MINUTES Council meeting minutes of April 23, 2013 Council Member Goodgame moved to approve the meeting minutes of April 23, 2013 as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Ann Dupee noted Lake County will hear a presentation on privatizing the Lake County library system. The Library Association and Friends of the Library are not in favor of privatizing. She requested a resolution from the City opposing privatization. Jim Purvis, 4206 Hammersmith Drive, opposed the privatization of the library system and supported a resolution from the City. He asked for an update for the status of the sound system. City Manager Gray replied IT Director Dennis has put a plan together to implement and will bring to Council. Becky Afonso, Ride Director of Bike Florida, thanked the City and the Downtown Partnership for welcoming the cyclist's event in March. She presented a plaque to the City of Clermont in appreciation of support and dedication. REPORTS City Manager Gray reminded Council of a workshop on May 16 regarding the impact fee study and the Community Forum May 21 at the Community Center. There is a letter from Lake Sumter Metropolitan Planning Organization regarding the closed gap legislation. All of the cities in south Lake County met to discuss last week. Mr. Gray requested to send a letter to continue the trail system in the State of Florida. Council Member Goodgame so moved; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14,2013 City Manager Gray reported the memorial bench has been installed at Waterfront Park. City Attorney Mantzaris—No report. Council Member Bates thanked the community and staff in constructing the Kaboom playground. Mayor Turville commented on the Kaboom playground project located at West Beach. Council Member Goodgame reported the South Lake Community Foundation will provide meals for 10 weeks in the summer to help local kids. He attended the Goodwill Industries grand opening last week. Lake County Public Works will hold a meeting to discuss Johns Lake Road improvements at Lost Lake Elementary School next Thursday. Council Member Goodgame presented a proposed letter to the Department of Transportation requesting trucks to stay in the right two lanes on Highway 27 from Hartwood Marsh Road to the City limits, leaving one traffic lane for cars. He requested approval of the letter for Mayor Turville to sign. Mayor Turville suggested limiting the trucks to the third lane. Council Member Mullins agreed. Council Member Goodgame moved to send the letter to the Florida Department of Transportation. The motion died for lack of a second. Council Member VanWagner moved to table to the May 16 workshop agenda: seconded by Council Member Bates. The motion passed with all members present voting aye. Council Member Mullins commented on the Clermont Downtown Partnership Mother's Day event. Council Member Van Wagner commented on the visioning meeting to be held next week. Mayor Turville—No report. 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 -Interlocal Agreement Approve agreement with Lake County regarding the County Road 565A Roundabout Project at the Inland Groves Property Item No. 2-Resolution No. 2013-11 Approve resolution supporting Lake County six cent Local Option Fuel Tax Item No 3-Resolution No 2013-12 Approve resolution adopting mid-year budget amendments 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14,2013 Item No 4-Surplus, Public Services Approve request to declare listed items from Public Services as surplus Item No. 5-Scope of Services Request for Proposal Approve Request for Proposal Scope of Services for Lakefront Park Food Concession Services and Lakefront Park Recreation Rental Services Item No 6- Office Supplies Approve piggyback with Lake County contract with Capital Office Products for office supplies Mayor Turville pulled Item 6. Council Member Mullins moved to approve Consent Agenda Items 1 through 5; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Mayor Turville commented the City should pursue proposals from the two large office supply companies in Clermont. Council Member Mullins stated there are several other office supply companies in Clermont to pursue. City Attorney Mantzaris stated the proposed agreement does not require the City to purchase from the company,the agreement only locks pricing. The City always has the ability to seek lower prices. Council Member Bates moved to table; seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 7-Ordinance No. 2013-07 Introduction City Clerk Ackroyd read Ordinance 2013-07 aloud by title only. An Ordinance of the City of Clermont, Lake County, Florida amending Code of Ordinances Chapter 2, "Administration" Article VI, "Financial Matters" Division 2 "Impact Fees"; amending section 2-264 "Impact Fee Schedule" providing for a new impact fee schedule; providing for liberal construction; repealing all ordinances or parts of ordinances in conflict with this ordinance to the extent of such conflict, providing for severability, and providing for an effective date. Council Member Mullins moved to table Ordinance 2013-07 to May 28, 2013; seconded by Council Member VanWagner. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2013 NEW BUSINESS Item No. 8—Downtown Gateway Senior Planner Henschel presented an overview of the scope of services for BESH to design, permit, bid, and provide construction administration services for a new entry feature to Historic Downtown Clermont at Eighth Street and State Road 50. The project is funded by the City of Clermont and the Clermont Downtown Partnership. Mike Latham, Gatorsktch Architects, reviewed the three concepts for a gateway sign, the site plan, and the landscape plans. Council Member Goodgame favored design one and the Clermont name format of design two. Council Member VanWagner favored design one. Mayor Turville expressed concern regarding the sidewalks He was in favor of the safety feature of the crosswalk. ' Council Member Mullins commented the Downtown Partnership favored design one and the lighting from design two. Mayor Turville expressed concern with the use of ligustrum plants in the median. Council Member Mullins suggested using tall palm trees in the median. Mayor Turville suggested discarding design three and creating a hybrid of design one and two, create renderings without trees in the median, incorporate the sign and the landscape plan as one rendenng. He requested color copies of the renderings and plans. Council Member Goodgame inquired if design one contained street lights. Mr. Latham responded coach lights were incorporated into design one. Council Member Mullins favored the support structure of design two and the arch of design one. Council Member Goodgame moved to table Item 8 to May 28; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. Item No. 9—DeSoto Street Parking City Manager Gray stated he was contacted by residents concerned with parking and traffic issues on DeSoto Street between West Avenue and 10th Street, and on West Avenue from Highway 50 to DeSoto Street. Senior Planner Henschel presented an overview of the DeSoto Street on-street parking issue from West Avenue to 10th Street. Staff observed when vehicles park on the street, there is not sufficient room for two-way traffic and emergency vehicles. Possible options presented to alleviate safety issues included no on-street parking even for events, allowing parking for events on one side of the street, or creating one- 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2013 way streets west of West Avenue. City Manager Gray commented Council previously approved no parking signs on DeSoto Street and then allowed businesses to cover the signs up to six times a year for special events. Mayor Turville opened the public hearing. Dawn Weber, Office Manager of Magic Moments, spoke on behalf of Nancy Allison, owner of Magic Moments. She read a letter aloud by Nancy Allison requesting Council to reject the no parking signs and suggested taking the signs down on one side of the street. Jan Sheldon, owner of South Lake Montessori School,commented the school uses parking on one side of the road and less than the six days a year allowed and asked Council to consider a compromise. A gentleman expressed concern with public safety on parking on both sides of the street. Charles Forth, 939 West DeSoto Street, commented the City based the parking on the square footage of the building and from a drop off and pick up only situation. Mr. Forth stated the neighborhood does not support commercial activity. Charlene Forth, 939 West DeSoto Street, distributed documents to the City Council and presented information regarding the Conditional Use Permit for both daycares regarding parking, number of students, and hours of operation. Ms. Forth expressed opposition to on-street parking and commented both daycares were approved for drop off and pick up only. Charles Forth, 939 West DeSoto Street, stated the City requires parallel parking spaces to be ten feet wide and twenty-three feet long. Pam Barber, property owner of 955 West DeSoto Street, expressed concern with public safety and requested enforcement of the no parking signs. Tracy Hollandbeck, parent of a child at the South Lake Montessori School, spoke in favor of parking on one side of the street. Mayor Turville closed the public hearing. City Manager Gray stated the City received a request to discontinue covering the no parking signs on DeSoto Street from West Avenue to 10t Street. Staff determined clarification would be required should Council decide to continue covering the signs on only one side of the street. Council Member Mullins stated covering the no parking signs was City-wide and anyone having an event could request to have signs covered. He asked if it was feasible; on a narrow road, to cover the no parking signs on one side and create a one-way street during an event. City Manager Gray responded the City would have to post signage and patrol the area. Council Member Goodgame inquired if parking were restricted to one side, could a fire truck safely pass through the street. Economic Development Director Hitt stated a fire truck would have room to navigate the street Council Member Mullins commented Council should extend staff the authority to use their judgment in 5 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2013 closing one or both sides of the road and determine if the street should be temporarily one-way. Mayor Turville asked City Attorney Mantzaris for concurrence of Council Member Mullins assessment of the covering of signs as City-wide. City Attorney Mantzaris concurred it is City-wide as a temporary action. The City Manager has the complete authority to regulate parking on all City streets without coming to City Council. The reason why the action was taken in the past was to make this a permanent situation on a limited basis. It is a permanent action by the City Council unless the City Council reverses the action. Council Member VanWagner requested City Attorney Mantzaris' opinion. City Attorney Mantzaris stated Council was entitled to make discretionary decisions based on information provided. Should the decision be agreeable and reasonable, there is no risk of liability. The intent of the action to allow for these businesses to cover the no parking signs up to six times per year is contrary to the authority given to the City Manager for special events. Special events are designed to involve ongoing staff reviews. City Attorney Mantzaris stated the City has an issue to address and suggested Council stop the ability to bag no parking signs and allow staff and the City Manager to address the issue as needed. Council Member Mullins inquired how Council could address the issue. City Attorney Mantzaris suggested Council direct staff to re-review the bagging of these specific signs in this specific area. The current situation is unique and Council may need to direct staff to address it more consistently with the authority in the Code; which is to allow these special events parking, but not on an unlimited basis. Currently the situation allows up to six times a year per business, forever. Council Member Mullins commented that staff; at the City Manager's discretion, should work with the neighbors in finding a solution. He stated the solution must be safe, on one side of the street, and have one-way traffic for the day. Council Member Goodgame asked City Attorney Mantzaris what action Council should take to rescind the existing motion. City Attorney Mantzaris suggested Council take action to formally place this in the City Manager's hands to address special event parking as the City Manager deems appropriate. The Code allows the City Manager flexibility to deal with situation. The City Council needs to direct the City Manager to address the situation according to his authority with the code. Mayor Turville inquired as to the width of the right-of-way. Senior Planner Henschel replied the right-of- way is sixty feet and the roadway is twenty-three feet. City Manager Gray stated the City could review widening the road to use for parking. City Manager Gray suggested continuing with the City Attorney's suggestion to allow the City Manager to handle special event parking. Mayor Turville stated the current scheme as it relates to bagging would be dismantled and that discretion be given to the City Manager on handling parking. Mayor Turville called for a motion. Council Member Mullins so moved. Council Member Bates requested clarification. Council Member Mullins responded the City had set a maximum number of days and hours several years ago and now Council is giving the City Manager his professional opinion to handle on a case by case 6 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14,2013 basis and allow to bag at his own discretion. Council Member Mullins moved that temporary parking permits shall be issued at the discretion and knowledge of the City Manager; seconded by Council Member Goodgame. Council Member VanWagner stated he would like to consider more options and was not in support of the motion. Council Member Mullins commented if Council does not take action,the existing language stays in place. The motion allows for the City Manager to grant some relief and staff can explore the possibility of widening the street. City Attorney Mantzaris suggested adding for staff to bring back solutions to the motion. Council Member Mullins moved to amend the motion to have staff look at a more permanent long-term solution; seconded by Council Member Goodgame. The motion passed 3 to 2 with Council Members Bates and Van Wagner opposing. West Avenue Parking. Economic Development Director Hitt presented an overview of the on-street parking concerns on West Avenue from State Road 50 to DeSoto Street. West Avenue's on-street parking does not present safety issues for two-way traffic and emergency vehicles and additional parking could be added to assist with current and future needs. Several options were presented and staff suggested angled parking. Mayor Turville inquired if on-street parking was allowed unless posted as no parking. City Attorney Mantzaris responded if it is not posted as no parking,parking is allowed. Mayor Turville opened the public hearing. Will Droege, 1370 West Lakeshore Drive, suggested building a parking garage behind the Garden Club. Jim Purvis, 4206 Hammersmith Drive, commented overflow parking should be considered when reviewing future plans. Ruth Webb, Garden Club President,requested Council support on-street parking. Debra Brita,Garden Club Rental Chairman,asked Council to take action to help the whole community. Charles Forth, 939 West DeSoto Street, addressed the parking issue between Broome Street and Juniata Street and stated there is a safety issue and parking should not be allowed. Mr. Forth further commented the current agreement with the Garden Club includes the stipulation they could not rent out the building. Charlene Forth, 939 West DeSoto Street and Millie Sartor, 830 West Avenue, presented Council with copies of documents regarding the Garden Club. Ms. Forth inquired if the Garden Club could sublet the building. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14,2013 City Manager commented the Garden Club cannot sublet without approval of the City. City Attorney Mantzaris stated the language typically in lease agreements states the landlord has the right to approve a sublet. It does not necessarily mean the agreement has to be amended or changed to allow the tenant to sublet the building. City Manager Gray commented the City Attorney will review the agreements with the Garden Club and the Woman's Club and return to Council for review. Ms. Forth commented further on the noise, parking issues, over-capacity of the building, and late night events at the Garden Club. Millie Sartor, 830 West Avenue,complained about noise from renters of the Garden Club. Debra Brita, Garden Club Rental Chairman, clarified number of occupants authorized in the Garden Club and stated renters must be out by 11 pm. Arlene Rand,2337 Hampstead Avenue,commented on the positive community activities the Garden Club provides. Mayor Turville closed the public hearing. Mayor Turville inquired if action was required. City Manager Gray stated Council provided direction for staff to look into additional parking and no further action was necessary. Council Member VanWagner asked about the parking ratio for downtown. Economic Development Director responded parking is determined by square footage of the building. Council Member VanWagner commented on the letter from Ms. Sartor an inquired about the City's liability. City Attorney Mantzaris stated he did not see the City having great liability. He commented the contract with the Garden Club and Woman's Club needs to be revised and Council needs to decide what types of activities will be allowed. Item No. 10—Naming Inland Groves Recreation and Events Director Teske provided a narrowed list of popular names for the property. City Manager Gray stated the park does need to be named by the summer. Council Member Goodgame preferred Clermont Nature Park or Clermont Wilderness Park. Mayor Turville preferred Hiawatha Recreation Area. Mayor Turville opened the public hearing. Mayor Turville closed the public hearing. Staff will return to Council. Council Member Mullins recommended renaming the Clermont Community Center building. Council Member Bates was in agreement. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2013 Item No. 11—Mission Statement City Manager Gray presented the proposed mission statement. No action was taken. ADJOURN: With no further comments,this meeting was adjourned at 11:16pm. APPROVED: 41110110,..410 . old S.Turville,Mayor , TTES :=� is �_ % „0 �� Tracy Ackr.yd,City Clerk • I _ 9 . s e - r ` i a r SURPLUS ITEM LIST FROM PUBLIC SERVICES 1. John Deere motor T04039F444264 off of sweeper truck. 2. Control panels-10 3. Lights-16 4. Reel mower 71105-240453 5. John Deere riding mower 4339-2 each 6. Toro walk-behind mower 30183-790315-1 each 7. Generator 3660229 8. Asphalt curb machine 4286777 9. Fuel tank 10. Generator CA71-0517 1 11. K-9 cage 12. Alum. Ladders-7 each 13. Power spreader 4356 14. Spreader C9895 15. John Deere walk-behind mower M0HD75X010078 16. Light poles 2-each 17. Stainless steel sink. • I