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02-25-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 25,2014 The Clermont City Council met in a regular meeting on Tuesday, February 25, 2014 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 Deputy City Clerk Noak. INVOCATION Council Member VanWagner gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Turville read the proclamation aloud declanng the month of March 2014 as Irish Amencan Heritage Month and presented the proclamation to Pat Kennedy, President of the Lake County Mother Teresa of Calcutta Division Ancient Order of Hibernians. PRESENTATIONS Finance Director VanZile presented the City of Clermont Quarterly Budget update for Fiscal Year 2014 PUBLIC COMMENTS Matthew Modica requested an update on the red light cameras City Manager Gray responded Council had directed him to contact American Traffic Solutions regarding eliminating the nght-turn-on-red stipulation. Should the City eliminate the nght-turn-on-red portion of the agreement, American Traffic Solutions would remove the payment flexibility clause of the contract and the City would be responsible for the monthly lease payments. The City is re-reviewing all the nght- hand turn violations for the first month of the program and has designated one person to review all citations to maintain consistency. The additional cameras called for in the contract have been placed on hold and American Traffic Solutions is willing to negotiate the total number of cameras. City Manager Gray commented on the legislative push to eliminate the right-hand-turn-on red camera program and stated the contract with Amencan Traffic Solutions would automatically be amended without repercussions. Mr. Modica inquired if the City had attempted to amend the original contract presented to the City. City Attorney Mantzans stated the onginal contract was negotiated from a five-year term to a three-year term and the provision for required lobbying against legislative action opposmg red light cameras was removed Gail Ash commented the City should use the name Clermont in the name for the church building the City purchased. Charlene Forth apologized for comments she made at the February 11, 2014 meeting She stated Officer Garrett and Police Chief Broadway represented the City in a positive manner when speaking with the public after the meeting. Ramesh Bahadur and Otis Jones commended Officer Rooney for apprehending an armed robber. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25,2014 Jim Purvis suggested formally recognizing Officer Rooney. He commented Walmart was lobbying to secure the nght to sell hard liquor directly from aisle shelves and requested the City pass an ordinance against these sales. Suzy Gibson spoke of the stance taken by the Lake-Sumter Metropolitan Planning Organization regarding red light cameras. Tim Murry requested an update on the west side water treatment plant. Environmental Director Kinzler stated the project is moving forward and will follow up on the status with Mr.Murry Mr. Murry commented the $750 deposit for reserving a room at the Community Center was high and the deposit is not refunded until after the 15th of the month following the date of use. In addition, the application mentions a deposit range of$50 to $500. He suggested allowing the use of a credit card to hold the room rental. City Manager Gray will have Recreation and Events Director Teske work with Mr. Murry, revisit the established deposit rates, and possibly revising the contract with the South Lake Chamber of Commerce. Ana Molina spoke in opposition of her citations. Police Chief Broadway will review the citations. REPORTS City Manager Gray reported the next workshop is scheduled for March 25, 2014 at 6pm. The Lake County Board of County Commissioners requested a joint meeting with the City regarding the Sector Plan at 5pm on April 22, 2014 in the Community Center. Mayor Turville suggested having the meeting on a separate day. Council Member VanWagner was in agreement. City Manager Gray will review dates in March and Apnl and contact Lake County. City Attorney Mantazans requested a closed meeting regarding litigation with the Council as a breakout session during the March 11,2014 meeting. Council Member Bates—No report. Council Member Goodgame expressed his gratitude for the excellent physicians m Clermont Council Member Mullins—No report. Council Member VanWagner thanked staff for involving the Council in Lake County Days 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-Council Meeting Minutes Consider approval of the Regular Council Meeting Minutes for January 14, 2014 and January 28, 2014. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2014 Item No. 2-Heritage Hills Plat Consider approval of the Hentage Hills Phase 5C plat. Item No. 3-Surplus Equipment Consider request to surplus listed Information Technology Department and Fire Department equipment. Item No. 4-Contract Approval Consider approval of the contract with Tetra Tech for the Westside Water Main Loop in the amount of$226,522. Item No. 5-Contract Approval Consider approval to piggyback the Lake County contract with BESH for Building Plans Review and Inspection Services. Item No. 6-Event Request Consider approval of the Downtown Art Festival for November 1 -2, 2014 with street closures, entertainment zone, night secunty and entertainment zone police coverage Item No. 7-Event Request Consider approval of the Clermont Craft Beer Festival on May 17, 2014 with street closures, an entertainment zone including the serving of alcohol and police for the event. Item No. 8-Amended Agreement and Consider approval of revised Police Budget Amendment Department construction management agreement with Ajax Building Corporation in the amount of$22,800 and a budget amendment of$22,800. Item No. 9-Amended Agreement and Consider approval of amended fiber Budget Amendment optic network construction agreement with Danella Construction to expand the fiber optic network to the Celebration Center in the amount of$87,795 and a budget amendment in the amount of $87,795. Item No. 10-New Positions and Budget Amendment Consider approval of new positions in the Public Works -Facility Maintenance and Recreation and Events Departments to staff the Celebration Center m the amount of $125,455 and a budget amendment in the amount of$125,455. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25,2014 Item No. 11-Software Upgrade and Budget Amendment Consider approval of the purchase of 124 Windows Upgrade licenses for a total amount of $15,748 and a budget amendment of$15,748. Item No. 12-Scope of Services Proposal and Consider approval of Police Department Budget Amendment Conceptual Design and Energy Analysis proposal from Architects Design Group in the amount of$28,600 and a budget amendment in the amount of$28,600. Mayor Turville pulled Items 3, 7, 10,and 11 for discussion. Council Goodgame; regarding Item 2, commented on the sugar sand in Heritage Hills and requested staff wnte a letter to Lennar Homes regarding the City's concerns on building homes in or near the sugar sand areas. Council Member Bates inquired if compression tests were completed in the area City Manager Gray stated they received all their permitting from the State and the City and would follow up on the compression testing. Mayor Turville requested the inclusion of the acquisition date for all future items under consideration for surplus. City Manager Gray stated Items 6 and 7 are event requests for downtown and both include an entertainment zone involving alcohol and the use of off-duty officers. He requested Council consider a provision for the applicants paying for the off-duty officers. He announced Item 7; the Craft Beer Festival,has changed the event date to May 24,2014. Mayor Turville expressed concern regarding Item 7 as there was no event associated with the request. Additionally; if approved, the applicant should pay for off-duty deputies Council Member Mullins was in agreement with the Craft Beer Festival paying for off-duty officers and also requested they pay for the portable toilets. He expressed concern regarding the effect on the local businesses if the entire street was blocked for nine hours. Yellymary Quintero stated the Craft Beer Festival will showcase local brewenes providing brewery seminars and demonstrations, in addition to beer sampling. There are plans to have food trucks, food vendors, and a kid's zone. The Clermont Downtown Partnership is in support of the event. Council requested Recreation and Events Director Teske work with Ms. Quintero on their concerns. Council Member Goodgame moved to table Item 7 to the next Council meeting, March 11, seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville asked for the titles of the new positions requested for Item 10. City Manager Gray stated Facility Manager, Foreman, Administrative Assistant, two Maintenance Worker II, and 8 part-time Lifeguards for the summer City Manager Gray stated the Facility Manager position will report to Assistant City Manager Blankenship and the building and grounds will be maintained by the new positions; including custodial services. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2014 Mayor Turville inquired if the same lifeguards would work at the beach. City Manager Gray commented the beach is swim-at-your-own-nsk. Mayor Turville asked at what point would the City become obligated to pay benefits to a part-time lifeguard. Susan Irby stated a part-time employee would be eligible for benefits when they reach thirty hours. Mayor Turville requested additional information regarding Item 11. Information Technology Director Dennis stated Microsoft will discontinue supporting and releasing secunty updates for their Windows XP operating system beginning Apnl 8, 2014. There are 124 workstations which require upgrading to the Windows 7 operating system in order to protect the City's data network from viruses. Council Member Goodgame moved for approval of Items 1 through 5 and 8 through 12 of the consent agenda to be approved as wntten; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved to approve Item 6 — Event Request, as amended to hire off-duty police officers. Council Member Mullins stated an additional police officer was for patrolling the artwork and asked if the motion included only the officers for the alcohol consumption area. Mayor Turville commented he is willing for the City to pay for a police officer patrolling the artwork area,but not for the off-duty deputies m the alcohol consumption area. Council Member Goodgame clanfied the motion was to have the event pay for the off- duty deputies in the consumption area; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville announced the agenda amendments to include tabling of Item No. 15 Resolution 2014-03 and Item No 16 Ordinance 2014-04; Final to March 25, 2014. Council Member Goodgame moved to table Item 15 to March 25, 2014; seconded by Council Member Mullins. The motion passed with all members present voting aye. Deputy Clerk Noak read Ordinance No. 2014-04 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 Item 16 until March 25, 2014; seconded by Council Member Goodgame. The motion passed with all members present voting aye. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2014 1 UNFINISHED BUSINESS Item No. 13--Fair Housing Workshop Environmental Services Director Kinzler provided an overview of the Fair" Housing Workshop and introduced Fred Fox,President of Fred Fox Enterprises, Inc. ) ) Fred Fox circulated sign-up sheets to the public for the Fair Housing Workshop and for the Second Public Heanng of the Community Development Block Grant. An overview of the Fair Housmg Act was presented and the types of housmg the Act covers were reviewed. The Department of Housing and Urban , Development enforces the Fair Housing Act and the prohibited actions in the sale and rental of housing were reviewed.The process for filing a complaint for alleged violations was presented. Mayor Turville opened the workshop for public comment and questions. There were no public comments or questions. Mayor Turville closed the workshop. Item No. 14- Community Development Block Grant(CDBG); Second Public Hearing Fred Fox provided a descnption of the stormwater drainage improvements project in Service Area 1 for Pitt Street between Bloxam Avenue and the U.S. Highway 27 overpass, Roane Road between Bloxam Avenue and the eastern end of the street, and East Montrose Street between Bloxam Avenue and U.S. Highway 27. The cost estimate for Service Area 1 will be$634,000 in CDBG funds. Service Area 2 improvements will replace the existing two-inch potable water lines with six-inch water lines. The installation of the new water line will encompass East Minneola Avenue between Bloxam Avenue on the west and the end of the street on the east and also Roane Road between Bloxam Avenue on the west and the end of the street on the east. The cost estimate for Service Area 2 will be $10,000 m CDBG funds. Service Area 3 encompasses installation of sidewalks along Pitt Street between Bloxam Avenue and the U.S.Highway 27 overpass for an estimated CDBG funds cost of$147,300. Mayor Turville opened the public heanng for public comment and questions. There were no public comments or questions. Mayor Turville closed the public hearing. Item No. 17-Resolution No. 2014-05 Mayor Turville read Resolution 2014-05 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda _ authonzing the use of one hundred and twenty-five thousand dollars ($125,000) of the _, City of Clermont funding as leverage for the Small Cities Neighborhood Revitalization Community Development Block Grant application the City is submitting to the Flonda Department of Economic Opportunity for Federal Fiscal Year 2013. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public heanng. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2014 Council Member Mullins moved to approve Resolution No. 2014-05; seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 18-Resolution No. 2014-06 Mayor Turville read Resolution 2014-06 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda authorizing the submission of an application for the Small Cities Community Development Block Grant to the Florida Department of Economic Opportunity for Federal Fiscal Year 2013. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve Resolution No 2014-06; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 19-Resolution No. 2014-07 Mayor Turville read Resolution 2014-07 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County; Florida authonzing the implementation of the long term and short term objectives of the City of Clermont Community Development Plan. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve Resolution 2014-07; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 20-Resolution No. 2014-10 Mayor Turville read Resolution 2014-10 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida authorizing and directing the City Manager to negotiate and execute an Interlocal _ Agreement related to the distnbution of Lake County's Local Option Gas Tax as authorized by section 336.025, Florida Statutes and m accordance with this Resolution, providing that any prior Resolution or act of the Council in conflict herewith is repealed and providing an effective date City Manager Gray commented he and Council Member Bates attended a Lake County League of Cities meeting and discussed the Local Option Gas Tax renewal. The current 6-cent tax was adopted by the Board of County Commissioners in 2-cent increments in 1984, 1985, and 1986. These will respectively expire August 31, 2014, August 31, 2015; and August 31, 2016. The Board of County Commissioners held a public hearing January 14,2014 and adopted an ordinance to impose the 1984 and 1985 mcrements for twenty-nine years and four months beginning September 1, 2014. The Board of County 7, City of Clermont MINUTES REGULAR COUNCIL MEETING February 25,2014 , Commissioners also adopted a resolution stated their intent to adopt a Local Option Gas Tax and should the required Interlocal Agreement with the County and Municipalities not be approved by June 1, 2014, a statutory distnbution of the tax would be used,reducing the municipality's share. The fourteen municipalities have agreed on formula 2 and agreed to a three-year phase-in to prevent any drastic change in a municipality's share. Lake County must have a decision from the municipalities by May 1, 2014. City Manager Gray recommended Council adopt Resolution 2014-10 and if there are any significant changes to the Interlocal Ageement, he would return before Council. Council Member Mullins asked how often the population would be enumerated. City Manager Gray stated this could be done every ten years. Council Member Mullins inquired if it were possible to enumerate every five years. City Manager Gray stated he would discuss the five year enumeration with the other municipalities. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public heanng. Council Member Mullins moved to adopt Resolution 2014-10; seconded by Council Member Goodgame The motion passed with all members present voting aye. Council Member Mullins asked if City Manager Gray could attempt to negotiate the five year enumeration, or would the,Resolution need to be rewritten. City Attorney Mantzans stated it could be added as part of the negotiations. Council Member VanWagner expressed concern over the five year enumeration. Mayor Turville expressed concern over the three year phase-in. Council Member Mullins moved to give City Manager Gray the authority, if in his discretion it would not spoil the deal, to ask for five years: seconded by Council Member Goodgame The motion passed with all members present voting aye. Mayor Turville called for a recess at 9:22pm. Mayor Turville resumed the meeting at 9.31 pm. Item No.21 -Ordinance No.2014-06;Final- Walgreens Right of Way Closing Mayor Turville read Ordinance 2014-06 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the platted roadway magnolia street,as shown on the plat of Forty Pines, according to the plat thereof recorded in plat book 12, page 99 of the public records of Lake County, Florida; repealing all ordinances in conflict herewith, providing for severability,publication,recording, and for an effective date. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2014 Item No. 22-Ordinance No.2014-07;Final- Walgreens Rezoning Mayor Turville read Ordinance 2014-07 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. Senior Planner Kruse presented the request to close the East Magnolia Street nght-of-way as the nght-of- way is located in the center of the proposed Walgreens retail store development. The right-of-way serviced three homes, which the developer has under contract. In 2012 and 2013 the City made$5,600 in improvements to the nght-of-way and the applicant is willing to reimburse the City for the improvement expenses. The applicant is requesting to rezone the parcels to C-2 General Commercial to allow the construction of a new stand-alone Walgreens at the corner of State Road 50 and Bloxam Avenue. The proposed new store will be approximately 15,000 square feet. Staff recommended approval of the request John LaPointe with Thomas Engineering Group and Jason Crews with The Ferber Company, were available to answer any questions. Mayor Turville opened the public heanng. There were no public comments Mayor Turville closed the public heanng. Council Member Goodgame inquired which buildings would be removed John LaPointe stated Papa Johns Pizza, the Music Station, the abandoned Citgo Service Station, and three existing homes would be removed. Mayor Turville asked if anyone was losing access. Mr. LaPointe responded no one would lose access. Council Member Mullins requested information on curbing of the site. Senior Planner Henschel stated the site would have curbing and there will be a defined entrance and exit. Council Member Goodgame moved for approval of Ordinance 2014-06; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Council Member Mullins moved for approval of Ordinance 2014-07; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. Item No.23-Ordinance No.2014-10;Introduction-Firefighters'Pension Plan Amendment Mayor Turville read Ordinance 2014-10 by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending and restating the City of Clermont Firefighters' Pension Trust Fund, as adopted by Ordinance No. 304-C, providing plan benefit revisions, providing for severability of provisions, repealing all Ordinances in conflict herewith, and providing an effective date. 9 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2014 Council Member Mullins moved for introduction of Ordinance 2014-10; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No.24-Recommendation Request;Lake County Growth Management Senior Planner Henschel stated the Joint Planning Area code limits flagpole heights to thirty-five feet. The proposal is to allow one hundred foot flagpoles within the Joint Planning Area. The City of Clermont flagpole height limitation is fifty-five feet Lake County Growth Management is requesting a recommendation from Clermont City Council to approve the proposed flagpole height Council discussed concerns regarding the effect on cell towers,advertising, and future annexations. Council Member Mullins moved to recommend the County change our standard within the JPA to a fifty-five foot maximum height on flagpoles; seconded by Council Member VanWagner The motion passed with all members present voting aye. Item No. 25-Lake Hiawatha Preserve Senior Planner Henschel stated staff was seeking Council direction regarding the area on the east side of Twelfth Street. The proposed development of the preserve places buildmgs within the 100-year flood plain. The City's current code allows development within the flood plain if mitigated; however, the City has previously not allowed development in flood plains. City Attorney Mantzaris commented the City's Code was changed in 2012 to incorporate a floodplain ordinance to address new flood zone maps the Federal Emergency Management Agency was setting m place. The code also dealt with issues of pnvate property owners who would have property which would no longer be buildable. The City's property was affected by the floodplain level and staff asking Council if they would like to pursue development in the area or move in a different direction. Council discussed the size and elevation of the restrooms and using stilts to raise the buildings. Council requested staff return with vanous options, including the use of stilts and removing the buildings out of the 100-year floodplain. AJOURN: With no further comments,this meeting was adjourned at 10:03pm APPROVED: 41111111.,10 „AP -aro •S.Turville,Mayor ATTEST: racy Ac oyd, City Cler . 4~ 10 CITY OF CLERMONT, FLORIDA FIXED ASSET DISPOSAL/TRANSFER FORM Department Name: Fire Date: February 4,2014 Serial/Vin Number Brand/Make Model Number 14127643 Physio-Control LifePak 12 Description of Asset: Reason for Disposal/Transfer: 12 lead EKG/Monitor/Defibrillator Q Not working & beyond repair Sold (a copy of sales receipt and/or other evidence of sale must accompany this form) Obsolete J Trade-In Q No longer needed Q Other: please explain in detail Transfer—Employee accepting responsibility for the above item: Property Transferred to: N/A Signature of employees receiving property: Date property transferred: N/A Comments: Disposal-By my atureiI rep re en tuvider oath,th tthe above.facts,are/Wu&a l& correct to-the/best of my knowledge.. Method of Disposal: Traded in and sent to Date pf gisposal: Vendor via UPS Ground (e Zo1 Disposed by: Witn sed by: -144 neitti5e4 4-71:41,71 Finance office use only: ��� Date notice of disposal/transfer received&recorded: Recorded deletion/transfer fixed asset inventory records by: 21U1-2011- CITY OF CLERMONT, FLORIDA FIXED ASSET DISPOSAL/TRANSFER FORM Department Name: Fire Date: February 4,2014 Serial/Vin Number Brand/Make Model Number 9039896 Physio-Control LP12 Description of Asset: Reason for Disposal/Transfer: 12 Lead EKG/Monitor/Defibrillator Q Not working & beyond repair Sold (a copy of sales receipt and/or other evidence of sale must accompany this form) Obsolete J Trade-In No longer needed Other: please explain in detail Transfer— Employee accepting responsibility for the above item: Property Transferred to: N/A Signature of employees receiving property: Date property transferred: N/A Comments: Disposal-By my si4nati re.I repre4evitu4Ader oa /thattheiabovei fact'are.true.and, correct to-they best of my knowled Method of Disposal:Traded in and sent to Date f isposal: Vendor via UPS Ground %9 7_011-Disposed by: Witnessed by: Finance office use only: Date notice of disposal/transfer received&recorded: Recorded deletion/transfer fixed asset inventory records by: 417014 PC's Brand S/N Dell JRGYQ21 Dell 5P3KZ21 Dell 9KZZ021 Dell 7BNW21 Dell 1S3KZ21 UPS Brand P/N APC 2200 APC 2200 APC 725 Monitors Brand P/N Viewsonic VG720 Viewsonic VG151 Viewsonic VX922 Viewsonic V9171 Viewsonic VX922 Dell E772P Dell 1908FPT Routers Brand S/N Watchguard 90876290075BE Printers Brand P/N Xerox 6130 HP 1300n 4