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09-09-2014 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 The Clermont City Council met in a regular meeting on Tuesday, September 9, 2014 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7.00pm with the following Council Members present Council Members Goodgame, Mullins, Bates and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Turville presented a proclamation to Jan Sheldon in recognition for her years of service and contribution to the Moonlight Players Theatre PRESENTATIONS The Life Safety Achievement Award will be presented at the September 23, 2014 Council Meeting Economic Development Director Hitt presented an update in reference to building permits, new businesses,and projects. Mr Hitt commented the City's population has increased to 31,745. Finance Director Van Zile presented the Quarterly Budget and Performance Report for the period October 1, 2013 through June 30, 2014. Revenues are on target with projections and expenditures are in line with revised budget amounts. In addition, the revised budget year-end reserves are on target with the original budget year-end reserves, with the exception of the General Fund The General Fund year-end budgeted reserves have decreased primarily due to the budget amendments approved in the second quarter. PUBLIC COMMENTS Choice Edwards suggested offering a moment of silence at the beginning of each meeting in lieu of a Council Member giving the invocation. Jim Purvis and Helmut Michelson spoke in support of Council Members continuing to open the meetings with prayer. Mary Jo Pfeiffer would like to decorate downtown Clermont for the fall season. She requested approval to place mums along the downtown area, with the merchants maintaining them. City Manager Gray gave approval. REPORTS City Manager Gray reported the First Budget Public Hearing will be held on September 11 at 6pm, the Final Budget Public Hearing will be held on September 25 at 6pm. A Council Workshop is scheduled for September 23 at 6.15pm to review shed permitting There will be a Special Meeting on November 18 at 6pm to accept the election results and swearing in of Seats 1, 3, and 5. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 City Attorney Mantzaris commented he would prepare a memorandum to Council regarding the most recent law on invocations. Council Member Bates stated he will not waver on invocations at the Council meetings Council Member Goodgame spoke in agreement with Council Member Bates and Jim Purvis. Council Member Mullins thanked the City for the success of the Food Truck event. He suggested being more diverse regarding invocations. Council Member Van Wagner supported continuing the invocations. He addressed red light cameras and stated the intent was to save lives and prevent high speed t-bone collisions The majority of the citations have been issued to people rolling through right on red turns He requested the City Council remove all red light cameras and not re-instate them. Council Member VanWagner moved that the City not renew its contract with American Traffic Solutions, and send notice now, in writing, of our intent not to continue that upon termination we discontinue right on red camera program completely with a 26 month notice and be irrevocable so it can never happen again in the City of Clermont; seconded by Council Member Goodgame. City Attorney Mantzaris stated the contract provision has •an expiration point with a notice provision regarding the contract renewal There is no specific time frame for responding to the renewal provision. The motion cannot be irrevocable as Council cannot bind a future Council. He suggested the Mayor open for public input before final action. Mayor Turville opened the public hearing Franklin Forth, Jim Purvis, Ginger Martin, Charles Forth spoke in opposition of the red light camera program Mayor Turville closed the public hearing Council Member VanWagner removed the irrevocable portion of the motion. Council Member Mullins asked if there would be repercussions regarding the motion, as the item was not on the agenda. City Attorney Mantzaris responded there was public participation, therefore there is no procedural issue. The motion passed with all members present voting aye. City Attorney Mantzaris reported the United States Supreme Court recently issued a ruling regarding invocations before meetings. Invocations before meetings have been around for more than 200 years and the United States Supreme Court recognized the historical significance of what is commonly referred to as ceremonial opening prayers The courts have not commented on council members providing the prayer; however, the Supreme Court suggested this may not be the best way for invocations to be handled. The United States Supreme Court supported the process used in the Town of Greece, New York. The Town has a rotating list of individual members of the clergy representative of houses of worship within the community, and includes 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 those individuals who wish to give an invocation. 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 of July 8, 2014. Item No. 2—Bid Award Consider approval of bid award to Utility Technicians, Inc. to replace lift station E-4 in the amount of $498,378.00. Item No. 3—Bid Award Consider approval of bid award to Regatta Dock Systems for the construction of two floating docks at the future boathouse at Lake Minneola for the lump sum price of$86,919 40. Item No. 4—Contract Approval Consider request to piggyback the City of Chiefland contract with M.T Causley, Inc. to provide Building Code Officials services. Item No. S—Interlocal Agreement Amendment Consider approval of amendment to the Interlocal Agreement between the City of Clermont and Lake County for traffic sign maintenance and emergency repairs. Item No. 6—Resolution No. 2014-31 Consider approval of Resolution to amend the Personnel Policy with an effective date of October 1,2014 Item No. 7—Resolution No. 2014-32 Consider approval of Resolution to adopt the Boys and Girls Club Facility Use and License Agreement. Jim Purvis pulled Item 7. Walt Martin pulled Item 3 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 Council Member Goodgame moved Items 1,2,4,5 and 6 of the Consent Agenda be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. Walt Martin questioned if the amount for Item 3 was in addition to what was in the budget and inquired if the boathouse could be delayed for a year. City Manager Gray stated the amount was included in the budget. Construction has begun and the project is funded using the Local Option Sales Tax funds Jim Purvis requested additional information regarding Item 7. City Manager Gray stated the agreement is a ten year proposal The Boys and Girls Club ran the City's summer program and currently run an after school program at the facility. They pay the City to use the facility and have the ability to leverage funds to improve the facility The agreement does contain a six month out-clause for either party to step out of the agreement. Mayor Turville opened Item 7 for public comment. Michelle Michnoff, Chair of the Boys and Girls Club South Lake Unit, commented they have been working towards a partnership with the City for six years The KaBoom playground project was a successful partnership project. There are plans to build a playground at the Clermont Community Center once they have acquired a long term lease of the facility. Ms Michnoff introduced Annie, who has been attending the Boys and Girls Club for four years. Annie described how the Boys and Girls Club helped her. Freddy Williamson and Tracy Jones; Boys and Girls Club staff, thanked the City of Clermont for supporting the Boys and Girls Club. Tim Murry encouraged support of the ten year agreement. City Manager Gray stated they are committed to make improvements at the facility that would benefit the community Council Member Mullins suggested adding a sentence on page 6, Section 12, which would involve beginning negotiations after 4.5 years and take effect after five years. Council Member VanWagner moved to approve as written. The motion died for lack of a second to the motion. Council Member Mullins moved to adopt the contract with the addition of a rate review at 4 5 years to take effect at the end of 5 years, no more than a maximum of 3 percent a year after the first five years if needed; seconded by Council Member Goodgame. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 City Attorney Mantzaris provided amended language which stated "upon the expiration of 54th month of this lease term hereunder, the parties agree that the fee provided herein shall be reviewed and negotiated effective as of the conclusion of the sixth year, provided any increase of the fee shall not exceed 3 percent per year thereafter." Council Member Mullins moved to adopt the language provided; seconded by Council Member Goodgame. The motion passed with all members present voting aye Council Member Goodgame moved for acceptance of Item 3 as discussed, seconded by Council Member Mullins The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 8:38pm Mayor Turville reconvened the meeting at 8 48pm. Council Member Goodgame announced the Army Jazz Band will hold a free concert at the Wesley Center on September 10 at 7pm. There will be anoint remembrance service to honor and remember those who perished on September 11,2001 at Fire Station 1 on September 11 at 9am. UNFINISHED BUSINESS Item No. 8-Clermont Garden Club City Manager Gray commented six weeks ago the Garden Club addressed City Council during public comments regarding parking. The item was for workshop discussion of options. Attorney Jimmy Crawford; representing the Clermont Garden Club, stated in 1977 the City signed a 50 year lease agreement with the Clermont Garden Club and a new lease agreement is in progress Several months ago a neighbor complained and the City restriped West Avenue and parking was no longer allowed on the Garden Club side of the road. Sixty percent of the members are mobility impaired and the Clermont Garden Club proposed the City allow parking on both sides of West Avenue. City Manager Gray stated Council discussed the parking issue in May 2013. Staff worked with the neighborhood and moved the center stripe along West Avenue, created parking spaces, and removed any non-conforming parking spaces. A piece of property owned by Lake County off of DeSoto Street was considered for parking; however the property slopes to the lake and was not a viable option. The Garden Club site had been previously discussed as a parking option; however the property is owned by Lake County and would require their approval. Economic Development Director Hitt commented there had been 11 parking spaces on the west side of West Avenue which did not meet code or were outside of the curb in unsafe locations Three parking spaces were added near the Garden Club site and 14 spaces were added on the east side of West Avenue Should the center line be moved to the east, there would be parking 5 City of Clermont MINUTES REGULAR COUNCIL MEETING 'September 9,2014 available on the western side Ruth Webb commented when the center line was moved, less parking spaces were available near the Garden Club and members are walking from Brewer Funeral Home to the Garden Club She stated the parking situation affects not only the Garden Club, but other nearby businesses. Ms. Webb requested Council reconsider the parking situation and increase the number of parking spaces. Jan Sheldon; owner of the South Lake Montessori School, requested Council reconsider the parking situation. Tom Kline recently commented on the "no parking".signs on West Juniata Street. He expressed concern regarding parking for family gatherings and attending funerals. Mr. Kline presented a petition to allow parking on the streets in downtown Clermont Pastor Brenda Walker; Faith Fellowship Church, spoke in favor of additional parking and moving the center line on West Avenue Nancy Allison; Magic Moments Learning Center, stated there was a need for extra parking for several events they have each year She requested Council consider a solution for the parking issue - Mr. Dustin Griswold stated the "no parking" signs were inconvenient for the residents and were an eye sore. Charlene Forth commented there were issues regarding parking on DeSoto Street and Juniata Street which included blocking of driveways, location of stop signs, and the location of fire hydrants Franklin Forth stated the daycare businesses have outgrown their facilities and should relocate. Charles Forth commented there is a fire hydrant in the setback at the corner of DeSoto Street and West Avenue."State law dictates there is no parking within fifteen feet of a fire hydrant. Kelly Tomeo, Esquire; representing Mr. and Mrs. Forth, provided documents to the City Council. She stated the R-3 zoning district cannot be in direct conflict with residential usage. The issue is the Forth's quiet enjoyment of their residence. The lease agreement with the Garden Club does not allow rental of their facility, driveways and mail boxes have been blocked by parked cars, and field trips have resulted in middle`of the night disturbances. There are guidelines in the City Code and Florida Statutes the City should uphold. Ms Tomeo stated her clients are requesting enforcement of the codes,rules,and regulations. Attorney Jimmy Crawford responded the Clermont Garden Club lease agreement allows the rental of the facility. He stated they are not allowed to sublet, preventing them from leasing out the remainder of their lease term with the City. The majority of the homeowners and businesses are requesting assistance from the City to improve the parking situation. Tom Kline commented businesses will begin to fail if there are no places to park and the buildings will become'abandoned and the surrounding property values will decline. The area is a mix of businesses and residences who should co-exist 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 Mayor Turville inquired of City Attorney Mantzaris if the Council should vote on the issues. City Attorney Mantzaris stated there were two issues; the lease agreement which will be on an upcoming agenda, and parking. The Council had previously addressed parking and staff is requesting Council provide direction regarding the issue City Manager Gray stated the discussion to move the center line on West Avenue occurred May 14, 2013. On August 13, 2013, DeSoto Street parking options were presented and discussed. Staff will look into moving the center line to have parking on both sides of West Avenue, meet with Lake County regarding onsite parking,and return before Council with alternative options. NEW BUSINESS Item No. 9—Ordinance No. 2014-24 Introduction City Clerk Ackroyd read the Ordinance 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 122, Zoning, Section 122-349 Home Occupations, Section 122-243 Permitted Uses, and Section 122-244 Conditional Uses; Providing for codification; severability; effective date and publication. Council Member Mullins moved to introduce Ordinance 2014-24, seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 10-Ordinance No. 2014-25 Introduction City Clerk Ackroyd read the Ordinance 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 122 Zoning, Section 122-344 General Development Conditions; Providing for codification, severability;effective date;and publication. Council Member Mullins moved to introduce Ordinance 2014-25; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 11—Ordinance No. 2014-26 Introduction City Clerk Ackroyd read the Ordinance aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning a portion of a 40 foot right-of-way northerly and contiguous to Lots 1 through 10 Block 117 Johnsons Replat; repealing all ordinances in conflict herewith,providing for severability, publication, recording, 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 9,2014 and for an effective date Council Member Mullins moved to introduce Ordinance 2014-26, seconded by Council Member Goodgame. The motion passed with all members present voting aye. City Manager Gray announced the Lake County Board of County Commissioners voted to place funds back in their budget for a regional park in south lake county. ADJOURN: With no further comments,this meeting was adjourned at 10:25pm. APPRO ED: ./ S Gail L. Ash, Mayor ATTEST: ll � Tracy Ac y , tty Cler/ � 1.; e rn'k ;��ai�n ' cS � .rrt i1 11,11117.1 e , F Fyr , ��' i2' ,r �`' � i, r �1 iii�� ,tga, ., S a w r1 , �a.rlYi 8