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06-10-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 The Clermont City Council met in a regular meeting on Tuesday, June 10, 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, Bates, Goodgame, and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and Deputy City Clerk Noak. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Joe Manizia; Clermont Football Club President,presented the City with a$25,000 check to use towards a set of lights at Hancock Park. Finance Director VanZile presented the quarterly budget update. The Quarterly Performance Report for October 1, 2013 through March 31, 2014 is available on the City's website. The top ten revenues were discussed and impact fees were higher than projected. The General Fund budget amendments were reviewed. The largest portion of the budget amendments related to the Clermont Community Center property and the Building Services reorganization. Revenues are on target, with projections and expenditures in line with revised budgeted amounts. Reserves are on target with year-end projections, with the exception of the General Fund. Council Member Goodgame commented City Manager Gray and Finance Director VanZile have done an exceptional job,particularly with the newly acquired building. Council Member Mullins asked if the funds below fifty percent were due to a timing factor, with major projects coming later in the year. Finance Director VanZile stated there would be heavy capital outlays later in the year; however the projected expenditures are in line with projections. Mayor Turville asked if there were particular expenditures to watch for. Finance Director VanZile commented the Community Center is the most significant expenditure. City Manager Gray stated a plan will be presented at the budget workshop sessions on July 16 and 17 at 6:00pm. City Manager Gray commented Economic Development Director Hitt provided Council with an updated list of the new businesses in the City and will be providing quarterly updates. Economic Development Hitt stated fifty new businesses opened in the first five months of the year and three restaurants will be coming soon. Council Member VanWagner thanked Economic Development Director Hitt for assisting new businesses coming into the City. Mayor Turville announced changes to the agenda due to the applicant requesting postponement of Items 5 and 6 to the June 24, 2014 meeting. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 Item No. 5-Resolution No. 2014-12 Council Member Goodgame moved to table Item 5, Resolution 2014-12, to June 24; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 6- Variance Request Council Member Goodgame moved to table the Variance request until June 24; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville requested a change of order to hear Item 8 before the remaining Unfinished Business items. Council was in agreement. PUBLIC COMMENTS Jim Purvis thanked Council for the new Community Center and the grand opening event. He commented on the Historic Village's Memorial Day event. Mr. Purvis requested Police Chief Broadway report on a situation during a Fred Sommer Sports event at Waterfront Park. Police Chief Broadway stated there was a reckless driver who disobeyed officers' commands, caused a cyclist to crash, and later bailed out of the vehicle. Officer Rooney gave foot chase into the lake and apprehended the person. Gail Ash commended staff on the grand opening of the new Arts and Recreation building and stated there was a huge interest in the facility by local seniors. She requested staff consider activities at the facility for the seniors. Martha Santoni; Nemours Government Relations Coordinator, introduced Dr. Odett Stanley-Brown and invited the community to the open house on June 28,2014. Michelle Michnof reported the Boys & Girls Club moved into the new Arts and Recreation building to run a summer recreation program and have registered over 320 youth. The cost is $5.00 per day for a Clermont City resident and $10.00 per day for those outside the City. The program runs from lam to 6pm and includes breakfast and lunch. She thanked Public Information Officer Bloodsworth, Economic Development Director Hitt,Council,and staff for their assistance. City Manager Gray commented the goal was to open up the Arts and Recreation facility and offer a summer recreation program. The City partnered with the Boys&Girls Club to operate the program. REPORTS City Manager Gray stated the Council will hold a budget workshop June 24 at 6pm. The South Lake Chamber of Commerce will hold their Business After Hours function at the Arts and Recreation facility on July 10 at 5:30pm. City Attorney Mantzaris—No report. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 Council Member Bates reported Lake County is accepting nominations for the Lake County Woman's Hall of Fame. The deadline is August 15. The League of Cities is looking for legislative representatives to be involved with legislative policy committees. He intends to participate and any interested Council Members should contact City Manager Gray. Council Member Goodgame recommended nominating Doris Walker with the South Lake Historical Society for the Lake County Woman's Hall of Fame. He requested Public Information Officer Bloodsworth assistance in the nomination. Council Member Goodgame reported the Historic Village sign on Highway 50 was in place. He commented the Governor is providing $1 million toward building Citrus Grove Road. The road comes off of U.S. Highway 27 and runs east to the new turnpike interchange; which is the area where North Hancock Road will run. This will provide a shortcut to State Highway 50 and have an impact on College Park and Summit Greens. He encouraged people to contact Lake County Commissioner Parks to vote for a traffic signal at Diamond Club Drive and Hancock Road. Council Member Mullins thanked staff for all their efforts with the ribbon cutting and tours of the Arts and Recreation building, the Food Truck event, the triathlon event, and the Farmer's Market over the weekend. Council Member Van Wagner thanked staff and the community for attending the dedication of the Arts and Recreation building. Mayor Turville thanked the community for attending the Arts and Recreation building tours and ribbon cutting ceremony. 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 May 13,2014 and May 27,2014. Item No.2- Utility Easement Agreement Consider approval of the utility easement agreement for existing force main in Harvest Landing subdivision. Item No.3-Surplus Equipment Consider approval to surplus a Fire Department breathing air compressor. Council Member Goodgame moved to approve Consent Agenda Items 1 through 3; seconded by Council Member Mullins. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 UNFINISHED BUSINESS Item No. 4- Variance Request Planning Manager Henschel presented the request to remove the existing landscape island behind the building at 221 North Highway 27 to allow for additional parking. The island was built surrounding an existing mature oak tree, which is no longer on the site. City Code does not allow more than 10 parking spaces in a row without a 300 square foot landscape island. Staff recommended denial. Richard Lemley; L & Jim Properties LLC Representative, commented the increase in traffic has created traffic flow issues and removing the island would improve traffic flow. Mayor Turville opened the public hearing. Charlene Forth spoke in opposition of the request and requested the tree be replaced. Mayor Turville closed the public hearing. Mayor Turville stated he wanted the site to meet the City's tree requirements. Mr. Lemley was not opposed to adding trees to the property. Council Member Mullins commented how the photo and drawing did not match and stated the original plans must have been modified. He asked if the property was in compliance with the landscape code. Planning Manager Henschel stated islands are required to have a tree. If removing the island is approved, an additional tree would not be required. Council Member Goodgame stated he was not opposed to the request. Council Member Bates asked if curbing would be required. Planning Manager Henschel responded the code does not require curbing. Mayor Turville inquired if the site was given a parking variance in the past. Planning Manager Henschel stated the City was not aware of any prior variances. Council Member Mullins asked if the site met parking requirements. Planning Manager Henschel stated the code requires 21 parking spaces and the site exceeds the requirement. Council Member Goodgame moved to approve the variance request; seconded by Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposed. Item No. 8-Ordinance No. 2014-11;Final Mayor Turville read Ordinance 2014-11 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the 60 foot right-of-way for Short Street from east side of Twelfth Street to north side of Carroll Street; repealing all Ordinances in conflict herewith,providing for severability,publication,recording,and for an effective date. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 Senior Planner Kruse presented the request to close the Short Street right-of-way. The street has four parcels with street frontage. Two of the parcels are owned by Brian Hess, the petitioner The remaining two parcels are owned by Richard Klaas and Darryl Bishop. Mr. Klaas and Mr. Bishop have not consented in writing to the right-of-way closing. The closing would affect the egress and ingress of Mr. Klaas and Mr.Bishop. Staff recommended denial. Brian Hess stated the street is not necessary and there is access through Carroll Street. Trucks are coming through from the lumber yard, creating a safety issue. Darryl Bishop did not object to closing the right-of-way. Richard Klaas was opposed to closing the street. He stated he would not have access to his property. Mr. Klaas expressed concerns regarding traffic and lack of signage in the area for the boat ramp and other facilities in the downtown area. He suggested making Short Street a one-way load-limit street for local traffic only. Mayor Turville opened the public hearing. Terrie Reitz spoke in favor of adding signage for the boat ramp. Harry Mason spoke in opposition of closing Short Street. Mayor Turville closed the public hearing. Darryl Bishop suggested additional time for the affected parties to meet and come to an agreement. Mayor Turville was opposed to closing the street until all affected parties were in agreement. Council Member Goodgame suggested tabling the item until July 8 for the parties to work out a solution. Council Member Mullins was in favor of tabling until July 8. Council Member Goodgame moved to table until July 8; seconded by Council Member Bates. The motion passed with all members present voting aye. The Council heard New Business Item No. 11 prior to continuing with the remaining unfinished business items. NEW BUSINESS Item No. 11- Variance Request Planning Manager Henschel presented the proposed request to expand the banquet facility at 699 North Highway 27. The expansion consists of a 3,200 square foot deck extending over a water retention area in the back of the existing building. The expansion would create a deficit of 28 parking spaces. Staff recommended denial. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 Michael Wojtuniak; EPI Engineering, stated the intent was to allow patrons to congregate outside during events, not to increase the number of patrons. The property to the south is owned by the same individual and can be used for overflow parking. Mayor Turville opened the public hearing. Jack Kruse, Miroslav Barulich, Carol Rosario, Andrew Parness, Terrie Reitz, and Charlene Bryce, spoke in opposition of the request and expressed concerns on the noise level already generating from the business,personal safety,property values,and property damage. Mayor Turville closed the public hearing. Mayor Turville expressed concern regarding the current use of the facility compared to the original intended use. Council Member Goodgame stated the noise was not acceptable. Ramlahkhan Singh; Owner, commented he has attempted to curb the noise complaints and have not received recent complaints. Council Member Van Wagner moved to deny the variance; seconded by Council Member Mullins. The motion passed with all members present voting aye. The Council resumed considering the remaining unfinished business items Item No. 7-Ordinance No.2014-09;Final Mayor Turville read Ordinance 2014-09 aloud by title only. An Ordinance of the City of Clermont, Florida, adopting an Interlocal Service Boundary Agreement between the City of Clermont and Lake County; providing for severability, conflict,and effective date. City Manager Gray stated the agreement will be heard by the Lake County Board of County Commissioners on July 8. Economic Development Director Hitt stated the Interlocal Service Boundary Agreement included the majority of the land in the Joint Planning Agreement area and extended to the south; excluding the southwest area of Lake Louisa and Lake Minnehaha. The agreement is for a 20 year term with provisions for a periodic review every five years The agreement provides the legal means for Clermont to annex, provide services and utilities. Staff recommended approval. City Manager Gray commented the agreement will help the City control development outside the City boundaries and provides compensation for fire response outside the City boundaries. Council Member Goodgame asked what the County's intent was regarding their current fire station. City Manager Gray stated the City and the County met and are considering a joint fire station on the east side of Clermont. Senninger Irrigation is willing to donate a piece of property and the County is willing to extend Hartle Road to the Senninger property. The City would provide for the utilities. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 Mayor Turville expressed concern regarding developers gaining approvals from the County first, then applying for utilities. City Manager Gray stated the County is directing developers to the City so the development will be built using City standards. Mayor Turville asked what the notice requirement was to make changes to the agreement. City Attorney Mantzaris stated there was not a notice provision, the City would initiate a re-negotiation of the agreement. Mayor Turville opened the public hearing. There was no public comment. Mayor Turville closed the public hearing. City Manager Gray stated the Interlocal Service Boundary Agreement would take the place of the Joint Planning Agreement. Council Member Goodgame moved for approval of Ordinance 2014-09; seconded by Council Member VanWagner. The motion passed on a roll call vote with all members voting aye. Item No. 9-Ordinance No. 2014-14;Final Mayor Turville read Ordinance No. 2014-14 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 118 Vegetation, Section 118-36 Plant Material; Section 118-41 Preferred Tree List; Section 118-71 Minimum Tree Requirements;providing for codification; severability;effective date; and publication. Planning Manager Henschel presented the landscape code amendments. The changes include amending Section 118-36 regarding the minimum size of palm tree plantings, Section 118-41 regarding the preferred tree listing,and Section 118-71 regarding minimum tree requirements for various lot sizes. Mayor Turville expressed concern regarding palm trees and requested a listing of preferred palm trees. Council Member Goodgame requested clarification regarding setbacks. Planning Manager Henschel stated there is a setback requirement from the driveway,property line,and the building. Council Member Mullins asked if trees under power lines were allowed. Economic Development Director Hitt stated the current code allows for an understory tree to replace a canopy tree underneath power lines. Mayor Turville expressed concern regarding current homeowners violating the setback City Attorney Mantzaris stated the issue with Code Enforcement was due to tree removals. The intent is not to cite people for a code violation for placing a tree close to a driveway. The intent is to provide a means for not replacing a tree if the tree will not fit in the yard. City Attorney Mantzaris commented Section 118-71 relates to only new construction and provides a way for replacing a large tree with something smaller. Mayor Turville commented the motion should include the palm tree list. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 Council Member Goodgame requested staff add the palm list to the ordinance. Mayor Turville opened the public hearing. Jim Purvis encouraged Council to adopt the ordinance. Council Member Goodgame moved to adopt Ordinance 2014-14; seconded by Council Member Mullins. Under discussion,Mayor Turville requested the motion reflect staff providing a palm tree list. Council Member Goodgame and Mullins were in agreement for staff to provide a palm tree list. The motion passed on a roll call vote with all members present voting aye. Item No. 10-Ordinance No.2014-16;Final Mayor Turville read Ordinance 2014-16 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida relating to pension and retirement benefits for general, police and fire employees of the City of Clermont; amending Chapter 46, by deleting Article I, In General; deleting Article II, Clermont Pension Plan for Police Officers and Firefighters and Defined Benefits General Employee Plan, Division 1, Generally, Division 2, Administration, Division 3, Retirement and Retirement Benefits; renumbering Article III, Social Security; deleting Article IV, Defined Contributions for General Employees; deleting Article V, Clermont Pension Plans, Division 1, Retirement Plan and Trust for the Police Officers of the City of Clermont, Division 2, Retirement Plan and Trust for the Firefighters of the City of Clermont; deleting Article VI, Florida Municipal Pension Trust Fund 401(A) Defined Contribution Plan; adopting new Article I, Pension and Retirement Plans Adopted and providing for severability,conflict,codification and an effective date. Finance Director VanZile stated the ordinance was designed to efficiently handle pension and retirement benefit changes for employees. The ordinance does not make any plan changes for any employees and future changes will be handled by ordinance. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to adopt Ordinance 2014-16; seconded by Council Member Bates. The motion passed on a roll call vote with all members present voting aye. Council Member Mullins announced the Caribbean Festival would be held at Waterfront Park on June 19 at 11 am. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 10,2014 ADJOURN: With no further comments,this meeting was adjourned at 10:12pm. ▪ , ,cs, APPROVED: It arold Turville,Mayor a7-"grr• EST: Tracy Ackroyd,City Clerk 9 CITY OF CLERMONT & AGENDA ITEM Page 1 of 1 Council Meeting Date Tuesday, June 10, 2014 Agenda Item Name Surplus Equipment Requested Action Approve surplus equipment Staff Report The Fire Department is requesting the City Council to declare surplus a breathing air compressor(serial #540541200) purchased in 2000 The unit has been replaced with a higher capacity model The intent is to sell the compressor on the City's on line auction Legal Impact Additional Analysis Fiscal Impact Summary The estimated value of the surplused unit is approximately$5,000 Fiscal Impact Fund Number and Description Available Budget Amount Exhibits Attached (copies of original agreements)