Loading...
06-11-2013 Regular Council Meeting 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2013 The Clermont City Council met in a regular meeting on Tuesday, June 11, 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 Van Wagner. Other City officials present were: City Manager Gray, City Attorney'Mantzans and Deputy City Clerk Noak. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance PROCLAMATIONS Mayor Turville read the Community Service proclamation aloud PRESENTATIONS KaBOOM! Planning & Zoning Director Hollerand provided an overview of the project and the process involved in building the playground in one day. Michelle Michnoff was recognized for her extensive involvement in the project. City Manager Gray expressed appreciation for all Ms Michnoff's efforts and thanked all who participated in the community project. Auditor Presentation Finance Director VanZile commented the City of Clermont has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada for,the last 24,consecutive years. The certificate is the gold standard in government financial reporting and the City of Clermont was one of the first cities in Lake County to receive the award. Tammy Campbell; representative from McDirmitt-Davis, presented Council with the independent auditor report. City Manager Gray thanked Ms. Campbell and Finance Director VanZile. There will be a workshop on Thursday, June 20, 2013 at which Council will receive an update on property values and the budget for next year. Council Member Bates inquired if the reserves were too high, too low, or where they should be. Ms. Campbell stated the level generally should be between 20 to 30 percent. Mayor Turville expressed appreciation for Finance Director VanZile's achievements PUBLIC COMMENTS Karen Newman, 1270 4th Street,requested the five minute time limit for public comments be adhered to. Wally Herda, 1109 Hampton Street, requested information on the water line work which will be taking place on his street City Manager Gray stated staff will inform the affected parties of the details. Mike Latham, representing the Clermont Downtown Partnership, requested Council establish a policy for the non-profit's use of the Police Department's electronic message board. City Manager Gray 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 commented there were concerns expressed by busmess owners outside of the downtown area regarding the signs assisting downtown events and downtown businesses. Mayor Turville stated he understood the concerns as it gives the appearance people are being redirected to the downtown area. Council Member Mullins suggested discussing a policy at a future workshop. City Manager Gray will add the item for discussion at a future workshop. Judi Pro li; 1020 Everest Street, requested the City support the Moonlight Players. City Manager Gray invited Ms. Proli to attend the Community Forums. Chase Forth, 939 West DeSoto Street, mentioned issues regarding the Garden Club. Mayor Turville requested City Attorney Mantzaris' opinion on the discussion as the Garden Club was on the agenda, but was not to be heard. City Attorney Mantzaris stated if the Council was not to hear the matter, then Mr. Forth can return when the matter will be heard. Charlene Forth, 939 West DeSoto Street; on behalf of the Center Lake neighborhood, provided City Manager Gray with a letter and commented of their intent to sue regarding the Garden Club. Ms. Forth commented on dnveways having been blocked during a recent funeral and provided Council with a drawing. REPORTS City Manager Gray reported the June 19 Community Forum will be at the Family Christian Center on Highway 27. He announced the Council Workshop scheduled for June 20 at 6pm. City Attorney Mantzans—No report Council Member Bates stated the Police Department, m conjunction with Lake County, will be collecting hazardous household waste items at Lowe's on June 20 from 9am until noon. Council Member Goodgame commented on a beautiful splash park he saw while traveling Council Member Mullins reported he attended the Lake County Arts meeting and commented the arts are still struggling in all of Lake County He attended the Lake County Emergency Medical Services meeting and Jerry Smith was named Director. Council Member VanWagner thanked staff for their work on the budget and the reserve funds He reported on the upcoming Caribbean festival on June 15 at Waterfront Park beginning at 12-noon Council Member VanWagner encouraged the public to attend the Community Forum on June 19. Mayor Turville—No report Mayor Turville announced changes to the agenda. Item No 3, Downtown Gateway, has been withdrawn by staff and will be discussed at the June 20 workshop Item No. 4, Ordinance No. 2012-14-M and Item No 5, Ordinance No. 2013-01 have been requested by staff to be tabled until the December 10, 2013 meeting. Item No. 10; Garden Club Agreement, was withdrawn. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 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 -Meeting Minutes Request approval of the Regular Council Meeting Minutes of May 28, 2013 Item No. 2 -Fiber Optic Network Request approval of Task Authonzation agreement with Magellan Advisors for project scope,construction management,planning,and configuration services for City-owned fiber optic network Council Member Goodgame pulled Item No. 2 and requested IT Director Dennis to provide an overview IT Director Dennis descnbed the services Magellan will be providing to tie in the network system at City Hall with all of the city's major facilities. Council Member Mullins moved to approve the consent agenda; seconded by Council Member Goodgame: The motion passed with all members present voting ave. UNFINISHED BUSINESS Item No. 3-Downtown Gateway Withdrawn by staff. Item No. 4-Ordinance No. 2012-14-M;Final Mayor Turville read Ordinance No. 2012-14-M aloud by title only An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda,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, effective date,and publication. Council Member Mullins moved to table Ordinance No. 2012-14-M to December 10, 2013; seconded'by Council Member Goodgame. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 Item No. S-Ordinance No. 2013-01;Final Mayor Turville read Ordinance No. 2013-01 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting a Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes; setting forth the purpose and,intent of the Comprehensive Plan Amendment, establishing the legal status of the Comprehensive Plan Amendment; providing for severability, conflict and an effective date. Council Member Mullins moved to table Ordinance No. 2013-01 to December 10,2013; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 6-Historical Society Agreement City Attorney Mantzans stated the agreement is a restatement of the onginal agreement and addresses the changes and additions which have occurred since the onginal agreement. Included in the agreement is the recent Hooks School House building. Additionally, the Histoncal society is requesting the City to take over payment of all of the utilities; electnc, water, sewer, telephone, Internet, garbage and the security system of all the Histonc Village buildings Exclusive use by the Histoncal Society of the Quonset Hut as a World War II Museum has also been requested by the Histoncal Society and is included in the agreement. The most significant change which is being requested is the maintenance of the buildmgs. The change would obligate the City to make structural related repairs to the buildings as opposed to routine maintenance This change has not been incorporated into the agreement presented. Council Member Goodgame stated the Historic Village is a city park operated by the Historical Society. He commented the agreements have not been kept up to date as to who was responsible for malntalmng the exterior of the buildings and-the structural integrity of the buildings, which has been understood to be the responsibility of the City The Histoncal Society has been responsible for malntalmng the interior and the contents of the buildings Mayor Turville opened the public heanng. Jim Purvis,4206 Hammersmith Drive,was in favor of the City maintalmng the Historic Village. Mayor Turville closed the public heanng Council Member Mullins commented the Histonc Village was a tremendous asset and great educational tool. He stated the Historic Village should be placed in the City Code as a museum and be part of the City's budget. Council Member Mullins inquired if the revenue made by the Historical Society is in a separate agreement. City Attorney Mantzans responded the operations management agreement; which is not being changed, covers any revenues regarding the Historic Village Mayor Turville agreed the Histonc Village should be mAthe budget. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 City Manager Gray stated the City is currently going through the budget process and the City staff can include this m the budget. Council Member VanWagner agreed the Historic Village should be in the budget City Attorney Mantzaris commented there were blurred lines over who was responsible for what and the agreement attempts to clear those blurred lines. Council Member VanWagner moved to accept as wntten; seconded by Council Member Mullins. Council Member Mullins understood the agreement does not include the enhanced maintenance and repairs the Histoncal Society is requesting. City Attorney Mantzaris concurred. Specifically, on page 4; section 4e of the agreement, in the first sentence the Histoncal Society has requested the word routine be removed. In the last sentence of the section "Provided, however that nothing herein shall obligate the City to substantially repair, renovate or replace the intenor or extenor of any of the Site buildings, structures or the landscaping and grounds..", the Histoncal Society has requested the last line be removed and that,the City will be responsible to replace those and basically say the City would be obligated to substantially repair; etc. Mayor Turville inquired if the City could sign something obligating the City to repair something which the City might not be able to.repair or replace. City Attorney Mantzaris responded it was inconsistent with the original agreement to obligate yourself today to address it in the future. Mayor Turville inquired if the agreement covers the routine maintenance City Attorney Mantzans agreed it was covered. Council Member Mullins commented the agreement was fine; however there needs to be a long term plan which should be a workshop item Council Member Mullins called for the question. The motion passed with all members present voting aye. Item No. 7-Naming Inland Groves Planning and Zoning Director Hollerand presented an overview of the process and presented the five top names which continually came up. Mayor Turville preferred Hiawatha Preserve and suggested using Lake Hiawatha Preserve. Mayor Turville opened the public heanng Jim Purvis, 4206 Hammersmith Dnve,preferred Clermont Nature Park. Mike Latham, Gatorsktch,preferred Inland Groves Park and Lake Hiawatha Preserve. Karen Newman, 1270 4'h Street,preferred Highlander Park. Council Member Mullins preferred Lake Hiawatha Preserve 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 Council Member Goodgame preferred Clermont Nature Park. Council Member Bates preferred Hiawatha Recreation Park. Council Member Mullins moved to call it Lake Hiawatha Preserve; seconded by Council Member Bates. The motion passed'3 to 2 with Council Members Goodgame and VanWagner opposing. NEW BUSINESS Item No. 8-Lakeshore Drive Speed Limit City Manager Gray stated he was contacted by the neighbors on West Lakeshore Drive regarding the speed limit. Paul Fallman, 1932 Brantley Circle,presented his request to council to reduce the speed limit to 25 Police Chief Broadway presented the traffic studies performed in the area regarding speed,traffic crashes, and traffic counts. City Manager Gray commented the current area of concern was at the 90 degree curve and the S-curve where there are no sidewalks for pedestrians. The whole length of Lakeshore should be reviewed at a future workshop. Mayor Turville expressed concern in lowenng the speed limit as the standard in the community for residential areas is 30 miles per hour and commented stop signs would be more appropriate. Mayor Turville opened the public heanng. Tom DeWitt, 228 East Lakeshore Drive, commented stop signs should be placed at East Avenue and Anderson Street Council Member Mullins mentioned possibly placing a stop sign at Penzance Street Mark Lacke; 969 West Lakeshore Drive, suggested speed tables and lowering the speed limit. Gem Clyatt, 168 East Lakeshore, commented the speeding has increased since the Highway 27 road construction began. Jim Purvis, 4206 Hammersmith Dnve, suggested temporary stop signs until the road construction has completed,then re-evaluate the conditions. Council Member Mullins commented stop signs on East Lakeshore Dnve would be a good idea. On West Lakeshore, he inquired if there was room for a sidewalk City Manager Gray will follow up on the possibility of a sidewalk. Council Member Bates was in agreement with placing stop signs. Council Member Goodgame was in favor of speed tables, a stop sign at East Avenue, and rumble stnps 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 on the west side City Manager Gray offered to put together some options to bring back to Council. Council Member Bates was in-favor of stop signs and consider lowenng the speed limit m the future. Mayor Turville expressed his concerns regarding making a decision as the agenda item is listed as a discussion item. Council Member Mullins was in favor of staff reviewing and bringing options back to Council. Council Member VanWagner inquired if the City was able to make the decision at this meeting. City Attorney Mantzans stated the Council could. His opinion regarding putting up stop signs is once a stop sign is up, it cannot be taken-down. As soon as a stop sign is taken down, and an accident happens at that intersection, then the City has added liability. Temporary stop signs cannot be put up; in his professional opimon:as it is-an added risk to the City Council Member Goodgame inquired if the Council could address the speed limit at this meeting. City Attorney Mantzans affirmed Council could make the decision at this meeting. Council Member Mullins suggested lowering the speed limit to 25 miles per hour beginning at the intersection of Lake and Lakeshore. Mayor Turville encouraged Council to wait for staff to review the options and return to Council. The Council was in agreement. Item No. 9- Woman's Club Agreement Recreation Director Teske presented a history, overview, and the proposed lease agreement. The onginal agreement was established in 1990 with a lease term until December 2045 The new lease agreement ' addresses the new provisions of renting to third party users, hour limitations on renting, time restrictions regarding music, on-site supervision, and insurance requirements. Staff is requesting approval of the lease agreement. City Manager Gray stated staff met with the Woman's Club and the Woman's Club indicated the on-site supervision requirement would be burdensome. Mayor Turville was in favor of removing the supervision requirement as there have not been any reported issues. Mayor Turville opened the public hearing. Lynn Lupoli, Woman's Club President, stated the only issue with the agreement is the on-site supervision requirement. There have not been any issues with noise or parking,and they do not allow alcohol. Council Member Goodgame inquired as to their rental process. Ms Lupoli explained there is a rental agreement and a Chairman reviews the agreement with the rental party. City Attorney Mantzans stated the agreement was updated to be more in line with the format which was 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 used for the South Lake Chamber agreement. Council Member Goodgame inquired who handles the major repairs. City Manager Gray stated the City repairs everything on the outside, and the Woman's Club repairs everything on the inside. City Attorney Mantzaris stated if the building gets destroyed,there is no obligation for the City to rebuild the building. Jim Purvis, 4206 Hammersmith Drive, expressed concern regarding use of tax payer money for the Woman's Club to use the facility. City Attorney Mantzaris stated there was a structure that was acquired by another entity that was given to the City that had an associated value to it. There is some long standing consideration for this agreement Council Member Mullins would like Section 6D regarding alcohol to be changed to be approved by the City Manager. City Manager Manzans stated Council consensus appears for the on-site manager to be removed Council Member Goodgame inquired how late would the Woman's Club like to operate. Ms. Lupoli replied prior to midnight has been their rule. Council Member Mullins was in agreement to midnight for the event and 11pm for noise City Attorney Mantzaris stated there was another portion in the agreement regarding the insurance amount required for the building and liability. If the amount is set too high, it is an undue expense for the Woman's Club. The liability which is attempting to be protected is the City being sued for something which may happen on the property. The City has sovereign immunity, so the City is protected for up to $200,000.00. As long as it is within that range, the City is protected. The current policy will be provided. City Attorney Mantzans is fine with adopting the agreement as to the hours and whatever insurance they have in place If it is not satisfactory, staff will bring back to Council Council Member Mullins indicated this would include removing the on-site supervision and City Manager approval for alcohol. Council Member Mullins moved to execute the agreement as amended; seconded by Council Member VanWagner. The motion passed with all members present voting aye. Item No. 10-Garden Club Agreement Withdrawn. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11,2013 Item No. 11-Ordinance No. 2013-08;Introduction An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of a certain parcel of land contiguous to the present City boundanes;providing for an effective date, severability,recording, and publication. Council Member Mullins moved to introduce Ordinance No. 2013-08, seconded by Council Member Goodgame. The motion passed with all members present voting ave. Item No. 12-Ordinance No. 2013-09;Introduction An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting a Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes; setting forth the purpose and intent of the Comprehensive Plan Amendment, establishing the legal status of the Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance No. 2013-09, seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 10:15pm. APPROVED: 1111103% `arold S Turville,Mayor ATTEST: I%/ Tracy Ackroyd,City Clergy' N I 9