Loading...
10-28-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 The Clermont City Council met in a regular meeting on Tuesday, October 28, 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 Goodgame, Mullins, Bates and VanWagner. Other City officials present were: City Manager Gray, City Attorney Mantzans and City Clerk Ackroyd INVOCATION Reverend Drew Marshall; South Lake Presbytenan Church, gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Florida League of Clttes John Ligon; Flonda League of Cities, read a Resolution from the Flonda League of Cities Board of Directors and presented the John Land Years of Service Award to Mayor Turville for his 30 years of dedicated service Mayor Turville thanked the public for the opportunity to serve the citizens of Clermont Finance Director VanZile presented the Government Finance Officers Association Certificate of Excellence Award the City received for the 26`h consecutive year. The City was one of the first in Lake County to receive the award in 1987. The Government Finance Officers Association reports only 46 percent of the cities of similar size and population nationwide have received the award. In addition, only 27 percent of the cities nationwide that received the award have received it for 25 or more consecutive years He presented the plaque to Regina Frazier; Assistant Finance Director, and Lacy Smith-Castillo, Accountant, who are pnmanly responsible for the preparation of the Comprehensive Annual Financial Report. PROCLAMATIONS City Clerk Ackroyd read the Cooper Memonal Library 100th Anniversary Proclamation aloud Boyd Bruce received the proclamation on behalf of the Cooper Memonal Library. Ann Dupee invited all to attend the anniversary celebration at 11 am on November 8 at the library Mayor Turville announced the following requested changes to the agenda. Staff requested tabling Item 4; Management Agreement,to the November 12 meeting. Council Member Mullins moved to table Item 4 to November 12; seconded by Council Member Bates The motion passed with all members present voting aye. The applicant requested tabling Item 19; Resolution 2014-35,to the December 9 meeting. Council Member Goodgame moved to table Item 19 to December 9, seconded by Council Member Mullins. The motion passed with all members present voting aye 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 PUBLIC COMMENTS Fred Sommer commented Sommer Sports wrapped up their 31'season and thanked the City of Clermont, Events Coordinator Dudeck, Parks and Recreation Director Teske, the Police Department, and the Fire Department. He extended appreciation to Mayor Turville for his support over the years. Ardella Barron requested an update on a location for a senior center in Clermont City Manager Gray stated rooms have been dedicated at the Arts and Recreation Center and the development of a seniors program is in progress. Council Member Bates commented he spoke to the Senior Resource Alliance center and funding may be available to assist with developing senior programs. Allen Byrd commented Family Physicians Group will donate all the equipment, computers, televisions and other items to the City for the senior center Aaron Nickerson, Clermont Fire Department, announced the Fire Department is selling pink shirts for breast cancer awareness month, with the proceeds going to a Lake County firefighter whose son has leukemia. Alison Strange stated PFX Athletics has over 275 teams registered for the upcoming spnng softball games. She announced a rowing regatta will be held on November 8 and 9. Orlando Ruiz; representing Well Care Health Plan, extended to the City the opportunity for Well Care Health Plan to sponsor senior events. Milton Thompson; Caribbean-Amencan Association of Lake County Club, thanked Mayor Turville for his support over the years. REPORTS City Manager Gray reported Election Day will be held on November 4 for Seats 3 and 5. The next Council meeting has been scheduled for Wednesday,November 12 due to the Veterans Day holiday. The Lake Hiawatha Park grand opening will be held on November 15 at loam. A Special Meeting will be held on November 18 at 6pm to swear in the new Council Members for Seats 1, 3 and 5. The Code Enforcement Board meeting has been rescheduled for November 19 at 6pm Staff will advertise the openings for volunteers to serve on the Planning and Zoning Commission and Code Enforcement Board. The appointments will take place at the December 9 meeting. City Manager Gray stated he attended the Lake County Board of County Commissioners meeting and they unanimously voted to move forward with the Interlocal Service Boundary Agreement the City Council onginally approved in June. The final vote will be on December 2 City Attorney Mantzaris—No report. Council Member Bates congratulated Carlos Solis on his successful event at the Arts and Recreation Center. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Council Member Goodgame stated the Economic Development Tounsm Board reported tourism revenues were up 13.6 percent from last year and the August 2014 revenues were up 8 5 percent. He reported several traffic signals have countdowns for pedestnans to cross the street which are not functioning properly and requested staff contact the Flonda Department of Transportation Council Member Mullins reported the Greater Clermont Cancer Foundation Music Festival was successful. The Taste of South Lake event will be held at Waterfront Park on November 6 and Music on Montrose and the Food trucks would be at City Hall Park on November 7. Council Member Van Wagner requested clanfication regarding the space allotment, availability date, and usage,fee for the senior center. City Manager Gray stated at least 1,600 square feet is available for their use at no expense. Mayor Turville encouraged the public to visit the website to review events happening in the community. Public Information Officer Bloodsworth commented events are listed on the back of the monthly utility bill and the ClermontARC com website lists weekly events. 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- Contract Award Consider request to piggyback the City of Titusville contract with Layne Inhner, LLC to provide samtary sewer system improvements. Item No. 2- Contract Award Consider request to piggyback the Lake County Board of County Commissioners contract with Al Assets,Inc. to provide recycling services of end of life electronics. Item No. 3- Contract Award Consider request to purchase twenty-five vehicles for four City Departments from the Florida Shenffs Association contract in the total amount of$596,633 Item No. 4-Management Agreement Consider request of Lake County Rowing Associations Management Agreement for the Clermont Boathouse. Item No. 5- Utility Service Agreement Consider request for sewer service for the Louisa Vista development. Item No. 6-Board Appointment Consider request to appoint Jason Sayre as fifth member to the Police Officers Pension Board. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Item No. 7- Committee Appointment Consider request to appoint John E.Kruse as an alternate to serve,on the Metropolitan Planning Organization's Technical Advisory Committee Item No. 8-Purchase Approval Consider Fire Department request to purchase boat and trailer in the amount of$121,550. Item No. 9-Purchase Approval and Consider Fire Department request to purchase Budget Amendment reporting/records management software in the amount of$30,683 and a budget amendment in the amount of$19,316. Item No. 10-Plat Approval Consider request to approve the final plat for Harvest Landing. Item No. 11-Employee Group Medical Plan Consider request to approve changes to the Employee Group Medical Plan. Terry Pitt pulled Item No. 8 and inquired about the necessity for the boat Assistant Fire Chief Johnston presented the City's water rescue needs, current and potential capabilities, and the importance of the boat to the,community. Currently the Fire Department can only perform rescues from the shore and relies on contacting Groveland and the Lake County Sheriff's Office for assistance, which increases response time The navigable waterways boat allows for a safe, quick, and efficient method of water rescue operations; includmg rescuing multiple victims at the same time. The boat for un-navigable waterways is an inflatable, light weight boat which canbe quickly deployed for rescue The expenditures are included in the current budget. City Manager Gray commented water events have increased and more boaters are on the lakes The City of Clermont does not have junsdiction, however the City is dispatched to respond to water emergencies. The expense is funded through Fire Impact Fees,which can only be used for capital expenditures. Mayor Turville inquired why the purchase was sole sourced. City Manger Gray stated the design is patented and cannot be produced by another manufacturer. Mayor Turville commented he was opposed due to the cost, life expectancy of the boat, and lack of Junsdiction. Mayor Turville expressed concern regarding the City assuming responsibility becoming a liability to the City. City Attorney Mantzans commented municipalities which provide public services based on available resources do not have additional risk from a liability perspective. Mayor Turville opened the public heanng. Jim Purvis, Alison Strange,Fred Sommer, Paul McPherson, Mike Corradino, and Aaron Nickerson spoke in support of the request. Terry Pitt suggested Council table the request for more public input Mayor Turville closed the public heanng. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28,2014 Council Member VanWagner inquired about an incident regarding Groveland's rescue boat. Assistant Fire Chief Johnston commented there was a boat m distress and Groveland's boat was not suitable due to inclement weather. Council Member Bates questioned if similar boats without the same technology were considered. Assistant Fire Chief Silvestns replied other rescue'boats were considered, however the boat requested has different platforms which provide the safest means to reach,secure,and property load a patient. Council Member Mullins commented the boat was an investment in the future Council Member Bates was in agreement and suggested staff research possible grants or partnenng with other agencies Council Member Mullins moved to accept Consent Agenda Item 8 and purchase the boat, trailer, and motor; seconded by Council Member Bates. The motion passed 4 to 1 with Mayor Turville opposed. Council Member Mullins moved to accept the balance of the Consent Agenda; seconded by Council Member Goodgame. The motion passed with all members voting aye UNFINISHED BUSINESS Item No. 12-Lease Agreement Economic Development Director Hitt presented the agreement with the Clermont Garden Club. The Clermont Garden Club has requested four changes to the agreement. The changes included a Garden Club Member being available for contact dunrig third party rentals, music after 11pm not audible outside the structure,deleting 6(d),and allowing the City access to the premises after 24 hour written notice. Attorney Jimmy Crawford was present on behalf of the Garden Club. He stated the Garden Club was agreeable to change the City access requirement to the premises to reasonable notice instead of 24 hour written notice and requested the remaining changes be approved as written. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Mayor Turville expressed concern regarding the notice to access the premises portion of the agreement. City Attorney_Mantzans commented the landlord-tenant relationship is a unique situation. Technically the City leases the property from Lake County and subleases the land to the Clermont Garden Club. The Clermont Garden Club has a stricture on the land; therefore the City is the landlord. There could be potential situations which would require the City to be in the building for the protection of the entire premises. Mayor Turville inquired if staff was willing to assume responsibility for approval of alcohol consumption on the premises. City Manager Gray stated approvals could be handled as with other City facilities, outdoor events and events involving liquor approved by the City Council and indoor events with beer and wme approved by the City Manager. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Attorney Jimmy Crawford commented since the 1970s, the Clermont Garden Club has rented the facility and allowed alcohol. The Clermont Garden Club has an ongoing lease with the City and if alcohol was not included in the agreement, then the Clermont Garden Club will continue with the old lease. Ruth Weber, member of the Clermont Garden Club, stated only beer and wine have been served inside the clubhouse and requested this be part of the lease. Becky; member of the Clermont Garden Club, commented there is a gazebo outside and requested beer and wine consumption be allowed at the gazebo. Council Member Mullins suggested allowing alcohol outside until 7pm. Attorney Crawford stated the Clermont Garden Club was in agreement. Mayor Turville suggested leaving the alcohol consumption as is currently handled. Council Member Goodgame suggested striking 'if needed' from 6(a) and stnkmg music must be contained inside the building. City Attorney Mantzans commented the agreement does not address music played outside the building The language states after 11pm the neighbors should not hear music from the facility Council Member Goodgame inquired about parking. City Manager Gray commented staff was still pursuing parking options. City Attorney Mantzaris stated parking cannot be addressed at the current meeting. Mayor Turville requested an overview of the amendments regarding the agreement. City Attorney Mantzans stated the four items were(1) a Clermont Garden Club member will be available for immediate contact during events (2) music should not be heard from the facility after l 1pm(3) delete 6(d) relating to alcohol use, and (4) the City providing reasonable pnor notice before entering the property. City Attorney Mantzans advised when the Clermont Garden Club building was constructed, the City believed it owned the property. After or during construction it was determined Lake County owned the property and leased the property to the City. City Attorney Mantzaris recommended the City end the lease with Lake County Council Member Mullins moved to execute the lease agreement with the Garden Club as amended, seconded by Council Member Bates The motion passed with all members present voting aye 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28,2014 Item No. 13- Ordinance No 2014-23, Final City Clerk Ackroyd read Ordinance 2014-23 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, increasing the monthly pension benefit amounts for retirees/beneficianes currently receiving benefits from the City of Clermont General Employees Defined Benefit Retirement Plan; providing for severability of provisions, repealing all Ordinances in conflict herewith; and providing an effective date. Finance Director Van Zile stated there were nine retirees receiving monthly pension benefits The retirement plan does not provide for annual cost of living adjustments. In lieu of cost of living adjustments, the City had penodically increased the monthly benefit amount by $2.00 a year. The City provided this increase in 1993, 2001 and 2004. Due to the length of time since the last increase, staff is requesting the same monthly increase for current retirees retroactive to January 1, 2014. The monthly increase will not increase the City's contnbution expenses Mayor Turville opened the public heanng There were no public comments. Mayor Turville closed the public heanng. Council Member Mullins moved to approve Ordinance 2014-23; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. Item No. 14- Ordinance No 2014-36, Final City Clerk Ackroyd read Ordinance 2014-36 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, increasing the monthly pension benefit amounts for retirees/beneficianes currently receiving benefits from the City of Clermont Police Officers Defined Benefit Retirement Plan; providing for severability of provisions; repealing all Ordinances in conflict herewith; and providing for an effective date. Finance Director VanZile stated the Ordinance was based on the same concept as Ordinance 2014-23 and applied to 15 retired police officers. The monthly increase would raise the City's contnbution expenses by approximately$7,100.00 per year. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public hearing Council Member Goodgame moved for adoption of Ordinance 2014-36; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Item No. 15- Ordinance No 2014-28, Final City Clerk Ackroyd read Ordinance 2014-28 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, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes, setting forth the authonty for adoption of the Small Scale Comprehensive Plan Amendment; setting forth 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 a severability clause and providing an effective date. Senior Planner Kruse presented the request for a Future Land Use Map amendment to change from Medium-Density Residential to Downtown Mixed-Use for the property located on the south side of West Mmneola Avenue and west of 11th Street.` Staff recommended approval of the Future Land Use Map amendment. Richard Lemley; representing owners L&Jim Properties, LLC,was present and requested approval Mayor Turville opened the public heanng. were no public comments. Mayor Turville closed the public heanng. Council Member Goodgame asked what type of development was planned Senior Planner Kruse replied the proposed project would be a four-unit,multi-family development such as a townhome or rental unit. Council Member Mullins inquired what the City's density requirement was for townhomes. Senior Planner Kruse stated the density requirement was 12 units per acre. Council Member Goodgame moved for the adoption of Ordinance 2014-28; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Items 16 and 17 were heard concurrently and voted on separately. Item No. 16- Ordinance No 2014-29, Final City Clerk Ackroyd read Ordinance 2014-29 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Small Scale 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 authonty for adoption of the Small Scale Comprehensive Plan Amendment, setting forth 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 a severability clause and providing an effective date. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Item No. 17- Ordinance No 2014-33, Final City Clerk Ackroyd read Ordinance 2014-33 aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, 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 descnbed herein as shown below; providing for severability, effective date,and publication. Senior Planner Kruse presented Ordinance 2014-29 and Ordinance 2014-33. The owner requested a Future Land Use Map amendment to change the future land use from Office to Commercial for the property located on the north side of State Road 50 between 46 Street and 2"d Street Staff recommended approval of the Future Land Use Map amendment The owner requested a zoning change from C-1 Light Commercial to C-2 General Commercial. The owner indicated the proposed zoning change would allow for developing a used car sales lot The C-2 distnct is intended for full-scale retail,sales and services and allows uses such as lounges, laundries,hotels and motels, convenience stores,and gas stations Staff commented the C-2 zoning distnct does not fit the character of the surrounding community and is not compatible with the area Staff recommended denial of the rezoning request. Brian Dermott was present on behalf of the applicant. Mayor Turville opened the public hearing. Jim Purvis and Hope Lamb spoke in opposition of the request. Mayor Turville closed the public hearing. Mayor Turville expressed concern with the request. Council Member Bates, Mullins, and VanWagner each stated they met with the applicant pnor to the meeting. Council Member Bates requested to view a rendenng of the proposed structure. Mr. Dermott presented and described the proposed structure. Council Member Goodgame inquired if a proposed building; under a C-2 rezoning, would come before Council for approval. Senior Planner Kruse stated the use was allowed in a C-2 distnct and would not come before Council. Mr. Dermott requested Council table the request and allow the applicant to return with a revised plan. City Attorney Mantzans suggested Council approve the Future Land Use amendment and provide a 90- day continuance for the rezoning. Council Member Mullins moved to adopt Ordinance 2014-29, seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Council Member Goodgame moved to table Ordinance 2014-33 to Jan 27, 2015; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 18- Ordinance No 2014-34, Final City Clerk Ackroyd read Ordinance 2014-34 aloud by title only. An Ordinance of the Code of Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Section 118-35 Maintenance and Prumng; providmg for codification; severability; effective date, and publication. Planning Manager Henschel presented the Ordinance to clanfy language in the landscape code regarding canopy trees. The existing code does not,address removal of canopy trees damaged by severe pruning if there are additional canopy trees on the property which meet or exceed City Code. The proposed changes would allow the"sub-standard"canopy tree to remain. Mayor Turville suggested examining the intent of the tree ordinance and consider including a threshold for the number of"sub-standard"canopy trees allowed. Mayor Turville opened the public heanng. Jim Purvis spoke in opposition of the Ordinance. City Manager Gray suggested staff withdraw the Ordinance. Mayor Turville suggested Council consider hearing individual appeals as they occur and not adopt the Ordinance Council Member Goodgame moved to table Ordinance 2014-34 to December 9, seconded by Council Member Mullins. The motion passed with all members present voting aye. NEW BUSINESS Item No. 20- Ordinance No 2014-35, Introduction City Clerk Ackroyd read Ordinance 2014-35 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning the 60 foot-right-of-way easement for Disston Avenue lying south of State Road-50 and north of Almond Street as recorded in the plat of Clermont Heights Plat Book 4 Page 1 Public Records of Lake County, Florida, repealing all Ordinances in conflict herewith, providing for severability, publication, recording, and for an effective date. Council Member Mullins moved to introduce Ordinance 2014-35; seconded by Council Member Goodgame.The motion passed with all members present voting aye. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2014 Item No. 21 - Ordinance No 2014-37, Introduction City Clerk Ackroyd read Ordinance 2014-37 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, related to medical marijuana dispensaries amendmg the Land Development Code of the City of Clermont by amending Section 82-12, "Land Use Definitions" providing for definitions of marijuana and marijuana dispensaries and amendmg Section 122-264"M-1-Conditional Uses"providing medical manjuana dispensaries shall require a conditional use; setting forth standards and regulations for medical marijuana dispensaries; and providing for conflict, severability, codification and an effective date. Council Member Goodgame moved to introduce Ordinance 2014-37; seconded by Council Member Bates. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meetmg was adjourned at 10:06pm. APPROVED: Gail L. Ash,Mayor ATTEST: Tracy Ackroyd,City Cler, SwT�oMi`inZ,, �rwl\ , t 11 1� k 1` 1J 4 11