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07-23-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 The Clermont City Council met in a regular meeting on Tuesday, July 23, 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 Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda thanked City Manager Gray in regards to having the field mowed as requested. Mr. Dambreville invited all to attend the National Night Out event at Waterfront Park on August 6, 2013. REPORTS City Manager Gray reported the third Community Forum will be held tomorrow at the Community Center at 6:30pm to report on the data collection of the first two forums. The citizens will have the opportunity to speak. Also,the budget public hearings will be held on September 12 and September 26, 2013 at 6:00pm. The Clermont Police Department received third place in the Law Enforcement Challenge as it relates to the lowest number of fatalities in traffic crashes for the year 2012. City Attorney Mantzaris—No report Council Member Bates reported on attending the South Lake Economic Development meeting and League of Cities lunch meeting. The Lake County Board of County Commissioners will be hosting a public workshop regarding the Sector Plan on Wednesday,July 31 at 6:00pm at the Community Center. Council Member Goodgame reported on the summer feeding program for children that raised $17,500. Family Christian Center collected more than 6,000 pounds of food and delivered 8,000 hot meals in a 10 week period.Also,commented Montverde has implemented an Add a Buck program. Council Member Mullins—No report Council Member Van Wagner—No report 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 -Meeting Minutes Request approval of the Regular Council Meeting Minutes of June 25, 2013 1 - 1 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Item No. 2 -Beverage Use Policy Request approval of amendment to beverage policy allowing City Manager approval of use in City facilities as opposed to Council approval Item No. 3 -Public Safety Grant Request approval to pursue Firehouse Subs Public Safety Grant in the amount of $25,517.00 to purchase a rescue boat Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins.The motion passed with all members present voting aye CLOSED SESSION Mayor Turville recessed the workshop at 7:18pm and read the following statement aloud: At this time, the City-Council will be in recess for the Council to conduct a private pending litigation session as requested by the City Attorney and as authorized by section 286.011, Florida Statutes. The session is for the purpose of discussing settlement and expense strategy for pending litigation involving the city and Bee's Auto, Inc.and Wayne Weatherbee. The City Council,the City Manager,and the City Attorney will attend the session A court reporter will be present at the session and a transcript will be available after the conclusion of the litigation. The meeting resumed at 7:44pm. UNFINISHED BUSINESS Item No. 4 Downtown Gateway Planning and Zoning Director Hollerand reported on the downtown gateway structure and landscape improvements. At the last workshop, BESH and Gatorsktch were asked to provide cost estimates. The gateway is estimated at $170,000 installed, landscape improvement estimated at $39,000 and the street work at $88,804. The entire project total is estimated at $297,804. There are Community Redevelopment Agency (CRA) funds available and staff recommended approval of the preferred design and project budget. Mayor Turville opened the public hearing. Gail Ash questioned if the full amount is coming from the General Fund. City Manager Gray clarified it will be funded from the CRA; nothing from the General Fund. Mayor Turville closed the Public Hearing 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Council Member Bates questioned a digital sign. Mike Latham, Gatorsktch, replied the cost would be an additional$40,000 for a digital sign. Council Member Goodgame so moved; the motion died for the lack of a second to the motion. Council Member Bates would like to do something similar for less money. Council Member Mullins noted he cannot justify approving this amount. Mayor Turville explained that CRA funds can only be spent in the CRA District and suggested tabling this item. Council Member Mullins moved to send back and ask for 3 concepts for a total budget of $50,000; $100,000 and $150,000; seconded by Council MemberGoodgame. The motion passed 4 to 1 with Mayor Turville opposing. Item No. 5-Ordinance No. 2013-09 Mayor Turville read Ordinance 2013-09 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, Florida, pursuant to'the Local Government Comprehensive, Planning Act, Chapter 163, Part II, Florida 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. Planning and Zoning Director Hollerand presented the ordinance. Staff recommended approval. Mike Latham,Gatorsktch,was present on behalf of The Crossing Church requesting approval. Mayor Turville opened the public hearing. Walt Martin,2440 Prairie Dunes, spoke in opposition to the request. Mayor Turville closed-the public hearing. Mayor Turville expressed concern with site approvals. Planning and Zoning Director Hollerand noted the Conditional Use Permit(CUP)will return to Council. Council Member Goodgame moved for approval; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item No. 6 Ordinance 2013-10 Final Hearing Mayor Turville read Ordinance 2013-10 aloud by title only. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2013 An Ordinance of the City of Clermont relating to Taxation amending Chapter 58 "Taxation", Article II "Public Service Tax", Section 58-32, "Duty of seller to collect tax; monthly remittance to city" of the city code; by adding water service to the list of purchases for which a seller is required to collect or pay the applicable tax; providing for • codification, severability, conflict,and effective date. Finance Director Van Zile reported there are approximately 1,000 residents that receive water from a private utility and sewer from the city. Currently, the water service public utility tax is being charged on sewer bills based on the private utility water rates. Ordinance No. 2013-10 would require the private utility to charge the public service utility tax and remit to the city and the city would discontinue charging that utility tax on the sewer bills.The reason is to ensure the correct amount of utility tax is being charged to the customer and to be consistent with other types of utility providers where this public service utility tax is involved. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item No. 7—Ordinance 2013-11 Final Hearing Mayor Turville read Ordinance 2013-11 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 Land Development Code of the City of Clermont, Chapter 102 Signs, Section 102-8 Prohibited Signs, Exceptions; Chapter 118 Vegetation, Section 118-4, Appeals; Chapter 122 Zoning, Section 122-343 Fences and Walls; providing for codification, severability,effective date,and publication Planning and Zoning Director Hollerand presented the ordinance. City Manager Gray noted the Council requested staff to review and recommend changes. Council Member Goodgame recommended extending the allowable number of days for banners for non profits to 30 days or return to Council for a variance. Council Member Mullins and Van Wagner agreed with the suggestion. Council Member Mullins questioned the number of banner signs per year per parcel Mayor Turville opened the public hearing. Mr. Terrell, 2215 Elverson Avenue, requested a change in the ordinance of trees to replace with understory trees at Kings Ridge. City Attorney Mantzaris noted the city adopted a special code specifically directed to the issue at Kings Ridge that allows for the removal of canopy trees with appropriate approval from the city with understory trees that the size impacts the development of the trees and addresses the issues referred to. It only requires approval by the Homeowners Association and a permit by the city. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23,2013 Council Member Goodgame noted Mr. Tirrell is working closely with the city's Planning and Zoning staff. Gail Ash, 3365 Saloman Lane, noted lots at Heritage Hills are 50 foot wide and requested changes to include other developments; not just Kings Ridge Ginger Martin, 2440 Prairie Dunes, commented Summit Greens also has the same issues. Senior Planner Henschel noted the code change addresses the entire city The trees are becoming a problem city-wide Furthermore,he suggested changing the word variance to waiver. Planning and Zoning Director Hollerand noted this is the first of a series of code changes staff is recommending. This ordinance provides for flexibility and it applies to the entire city. Council discussed removing the 2 banner limitation language and extends the length of days for the banner signs to 30 days. Council Member Goodgame moved for approval as amended; seconded by Council Member Mullins. Council Member Goodgame withdrew the motion, Council Member Mullins withdrew the second to the motion The Council discussed fences. Council Member Mullins moved to adopt the ordinance with the amendments on the banners but as written for the trees and fences; seconded by Council- Member Van Wagner.The motion passed 4 to 1 on a roll call vote with Mayor Turville opposing Item No. 8—Ordinance 2013-12 Final Hearing City Clerk Ackroyd read Ordinance 2013-12 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes;,setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting for the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing for a severability clause and providing an effective date. Planning and Zoning Director Hollerand reported this is to correct an error on the land use map. This is on the property located on the corner of Tenth and Broome Street. This amendment assigns a future land use of residential office to medium density to residential professional. Staff recommended approval of the change. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for the adoption of Ordinance 2013 -12; seconded by Council Member Van Wagner. The motion passed 5 to 0 on a roll call vote. Item No. 9—Ordinance 2013-13 Final Hearing City Clerk Ackroyd read Ordinance 2013-13 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth-the'authority for adoption of the Small Scale Comprehensive Plan Amendment; setting for the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment;'establishing the legal status of the Small Scale Comprehensive Plan Amendment;,providing for a severability,clause and providing an effective date. Planning and Zoning Director Hollerand reported on the request. The city is the applicant. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the adoption of Ordinance 2013-13, seconded by Council Member Mullins.The motion passed 5 to 0 on a roll call vote. Item No. 10—Ordinance 2013-14 Final Hearing City Clerk Ackroyd read Ordinance 2013-14 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting for the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing for a severability clause and providing an effective date. Planning and Zoning Director Hollerand reported on the amendment. This was an inconsistency to make the zoning and land use consistent. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Council Member Goodgame moved for the adoption of Ordinance 2013-14; seconded by Council Member Mullins. Mayor Turville expressed concern with the change. The motion passed 5 to 0 on a roll call vote. Item No. 11—Ordinance 2013-15 Final Hearing City Clerk Ackroyd read Ordinance 2013-15 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes, setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting for the purpose,and intent of the Small Scale Comprehensive' Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing for a severability clause and providing an effective date. Planning and Zoning Director Hollerand presented the ordinance. The location is between Legends Way and State Road 50. Staff requested to match the zoning with the land use. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing Council Member Goodgame moved for the adoption Ordinance 2013-15; seconded by Council Member Mullins.The motion passed 5 to 0 on a roll call vote. Item No. 12—Ordinance 2013-16 Final Hearing City Clerk Ackroyd read Ordinance 2013-16 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of right-of-way lying north of lots 34, 35 and 36; 30 foot right-of-way north and east of lot 5; 30 foot right-of-way lying between lots 28 and 29, lots 36 and 37, lots 44 and 45 and lot 53A; 15 foot right-of-way east of lots 1, 16 and 17B; 30 foot right-of-way north of lot 40; 30 foot right-of-way crossing abandoned railroad right=of--way south of lot 14, 30 foot right-of-way on the southeast corner of lot 13; and located in sections 9, 10, 15 and 16, Township 22 south, range 26 East, according to the plat of Lake Highlands Company, recorded in plat book 3, pages 24, 32 and 52, public records of Lake County, Florida; repealing all Ordinances in conflict herewith,providing for severability, publication, and for an effective date. Senior Planner Henschel presented the ordinance The described right-of-ways are part of unimproved tracks running through portions of the future Black West development. The Black West Development is preparing site plans for development, and these right-of-ways need to be vacated not to interfere with the development plan. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Staff recommended approval of the right-of-way closing because a master development plan is in process that incorporates this area. Mr. Henschel noted there is a small portion of section 21 that is part of the 30 foot right-of-way that did not make the advertisement. City Attorney Mantzaris stated if the language was not included in the advertisement, it will be re- advertised and this item will return to Council Mr Becket read a letter from Mrs Bethune to be included in the record. Council Member Goodgame moved to approve Ordinance 2013-16; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. The next two items were heard concurrently and voted on separately. Item No. 13—Resolution No. 2013-15 Mayor Turville read Resolution 2013-15 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida,granting a Conditional Use Permit to allow for a restaurant in the C-1 Light Commercial Zoning District. NEW BUSINESS Item No. 14— Variance Poolside Grill Senior Planner Henschel presented the request. The applicant proposed to open a new restaurant at 101 East Highway 50 within the Advanced Water Shapes office building Restaurants are required to obtain a Conditional Use Permit within the C-1 zoning district. The proposed restaurant will occupy one half of the overall building plus the area outside around the display pool. The grill will be located outside in an existing area already set up for demonstration purposes, and a small kitchen will be set up inside the office building. Based on the proposed layout,the restaurant alone will require 12 parking spaces, and the remaining office space requires 4 parking spaces. There are a total of 10 parking spaces approved on the entire site A variance will be required for 6 parking spaces that cannot be provided for. Staff recommended denial for both. The applicant was present requesting approval. Mayor Turville opened the public hearing Wally Herda noted it is close to a major intersection and does not think it is an appropriate location. The applicant responded the access to it is off of East Avenue to not obstruct traffic flow. Mayor Turville closed the public hearing. Council Member Mullins believes it is too much on one lot and suggested tabling and return. Mayor Turville concurred and expressed concern with parking. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Council Member Goodgame suggested the applicant return with full plans, outline parking places and return to Council. Council Member Goodgame moved to table Resolution 2013-15 to September 24; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Mullins moved to table the variance to September 24; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 9:43pm;the meeting was reconvened at 9:49pm. Item No. 15—Proposed Millage Rate Finance Director Van Zile reviewed the proposed ad valorem millage rate for next year. The Council is approving a millage rate to advertise only. He-provided millage rate options and explained the roll back rate Furthermore, he reviewed the millage rate history and options. Staff recommended a 3.729 rate to create a balanced operating budget. The public hearing dates will be September 12 and September 26, 2013. Mayor Turville opened the public hearing. Walt Martin, 2440 Prairie Dunes,asked about the reserves. Mayor Turville noted the reserves have not changed much this year. Finance Director Van Zile stated the projected reserves are at$8.7 million with a millage increase. City Manager Gray stated the strategy is to take care of the operating deficit. Council Member Mullins believes a 20 percent increase is excessive and recommended a 10 percent increase. Council Member Van Wagner stated the answer is to either raise taxes, reduce the line items or a combination of both. Council Member Goodgame moved to advertise staff's recommendation of 3.729; seconded by Council Member Van Wagner. Under discussion, Mayor Turville expressed opposition to raising taxes Finance Director Van Zile stated staffs responsibility is to present a balanced operating budget. Council Member Goodgame called for the question Council Member Bates commented on the visioning sessions and what the citizens are asking for. Council Member Mullins preferred no more than a 10 percent increase and believes there can be cuts made to the budget. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2013 Finance Director Van Zile stated staff is trying to protect the reserves for capital and not use for operating. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. Item No. 16—Elections Canvassing Board City Clerk Ackroyd reported the City Council must appoint a Canvassing Board for the 2013 elections. The board consists of three members. Staff recommended City Clerk Ackroyd, Finance Director Van Zile and a member of the City Council. Council Member Bates expressed interest in serving on the Canvassing Board. Council Member Mullins so moved., seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 10:26pm. APPROVED: 417S. Turville, Mayor ATTEST: Tracy Ac oyd,City Cleo • • r• 1 N. ` �R, �� (�} ��` %,! C ;tip F e ,,, ►LS44rk�r� 10