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07-28-2015 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 The Clermont City Council met in a regular meeting on Tuesday, July 28, 2015 in the Council Chambers at City Hall. Mayor Ash called the meeting to order at 6.30pm with the following Council Members present: Council Members Mullins, Bates and Travis Other City officials present were: City Manager Gray, City Attorney Mantzans, and City Clerk Ackroyd. Absent Council Member Goodgame. INVOCATION Pastor Chris Walker gave the invocation followed by the Pledge of Allegiance PUBLIC COMMENTS Jim Purvis reported Council Member Goodgame was hospitalized and asked him to present a statement regarding an agenda item. Mayor Ash requested Mr. Purvis present the statement dunng the public hearing for the agenda item. David Falzon commented he received a letter from the City regarding placing a retention pond in front of his home on his property In 2014 a sign was placed in front of his property stating the City maintained the property. Mr. Falzon stated the City has never maintained the property in front of his home and paid taxes on the property for six consecutive years prior to the City removing the property from his name on the tax rolls Mr. Falzon asked who placed the signs in front of his house. City Manager Gray stated the City placed the signs Council Member Mullins inquired if the issue was part of an ongoing litigation. City Attorney Mantzaris responded the issue was not under litigation. He stated the City had title reports and a certificate of title done Information from a title company showed the City owned the property. It was determined the City is the vested owner in the property and this is why the City erected the signs and began stormwater improvement projects in the area. The City can provide the information collected to Mr Falzon. Council Member Travis inquired where the property was located. Mr. Falzon responded the property was directly across the street from his home. City Attorney Mantzans commented several years ago the City was contacted by the attorney for the Lake County Tax Collector's office who indicated Mr Falzon was making a claim to the City's property. The Lake County Tax Collector made the change when the City responded the City owned the property based on a Special Act adopted in the late 1920s and another act adopted in the 1940s. Mayor Ash asked Mr.Falzon if he has contacted a title company. Mr. Falzon stated the property was awarded to him in 2008 and he paid taxes on the property until 2013. He stated the City contacted him and stated the City was going to sue him 1 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 City Attorney Mantzans responded once the City received confirmation regarding the ownership of the property, there was discussion with City Manager Gray regarding filing a law suit. City Attorney Mantzans determined there was no need for the City to file a lawsuit regarding property the City owns Filing a law suit to establish what the law already shows is an inappropriate use of taxpayer dollars. Mr. Falzon can file a claim if he disagrees REPORTS City Manager Gray reported Purchasing Director Suarez was awarded the prestigious Achievement of Excellence in Procurement award from the National Procurement Institute. City Attorney Mantzans—No report. Council Member Bates—No report. Council Member Mullins reported the Tourist Development Council meeting discussed splitting the available funds between marketing grant funds and capital expenditure grant funds. The discussions are ongoing. Council Member Travis thanked the City for the blinking lights at the East Avenue crosswalk where it turns into Lakeshore Drive. Mayor Ash reported she spoke before the Lake County Board of County Commissioners on behalf of the Council regarding responses to the State for the Sector Plan. The vote by the Lake County Board of County Commissioners was unanimous and the Sector Plan will go back to the State for final review. She attended the Cooper Memorial Library for the dedication of the Go Zone. Mayor Ash announced National Night Out will be held at Waterfront Park on Tuesday, August 4 at 5pm. Mayor Ash announced Items 11 and 12 were withdrawn by staff. The applicant has requested Council table Item 19 to August 11. Item No. 19—Resolution No.2015-23; Harvest Landing Council Member Mullins moved to table Item 19 to August 11; seconded by Council Member Bates The motion passed with all members present voting aye. CONSENT AGENDA Mayor Ash 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 Consider request to approve minutes of the March 24,2015 and April 14, 2015 Regular Council meeting. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28,2015 Item No. 2—Surplus Request Consider approval to declare end of life inventory as surplus from Environmental Services Department and dispose of in accordance with the Purchasing Policy Item No.3—Contract Award Consider request to piggyback City of Orlando contract with Stewart's Electnc Motor Works,Inc. to provide electric motor and pump services. Item No.4—Contract Award and Budget Consider request to piggyback the Amendment Florida Sheriff's Association contract with Isuzu of Ocala to purchase one pup truck for Environmental Services Department, Sanitation Division and budget amendment in the amount of $91,515. Item No.5—Bid Award Consider approval of Request for Proposals award to Aon Consulting, Inc. d/b/a Aon Hewitt to acquire the services of an employee benefits consultant for the City's Employee Benefits Program. Item No. 6—Personnel Request and Budget Consider Police Department request to Amendment add five additional Police Officer positions effective September 1,2015 m the amount of$34,143 Item No. 7—IAFF 4350 Collective Bargaining Consider negotiations team for the Negotiations Team Request Clermont Professional Firefighters. Item No.8—Event Request Consider event,road closures and open container request to allow the Clermont Downtown Partnership to host their annual Downtown Clermont Art Festival November 7—8, 2015 Item No.9—Event Request Consider Event,Road Closures and Open Container Request to allow Henry Entertainment and the Clermont Downtown Partnership to host a"Slide Clermont"event in Downtown Clermont on September 26,2015. Council Member Bates pulled Item 6 3 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 City Manager Gray stated the funding for the five additional Police Officers was in the budget for Fiscal Year 2016. Police Chief Broadway is requesting to recruit the officers in the current budget year Council Member Mullins moved to approve the Consent Agenda; seconded by Council Member Bates. The motion passed with all members present voting aye UNFINISHED BUSINESS Item No. 10—Ordinance No.2015-36, Final, Semmmger Irrigation City Clerk Ackroyd read Ordinance 2015-36 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large 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 Large Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment, providing for the adoption of the Large Scale Comprehensive Plan Amendment; establishing the legal status of the Large Scale Comprehensive Plan Amendment, providing a severability clause and providing an effective date. Senior Planner Kruse presented the administrative request for a Large Scale Comprehensive Plan amendment for property located at 16220 State Road 50. The City Council approved the transmittal of the Comprehensive Plan Amendment to the Flonda Department of Economic Opportunity and the reviewing agencies in May. The Flonda Department of Economic Opportunity and reviewing agencies did not raise any objections Staff recommended approval of Ordinance 2015-36. Mayor Ash opened the public heanng. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins moved for adoption of Ordinance 2015-36; seconded by Council Member Bates The motion passed 4 to 0 on a roll call vote Item No. 11—Ordinance No.2015-60,Magnolia Center The item was withdrawn by staff. Item No. 12—Ordinance No.2015-64,Johns Lake Landing The item was withdrawn by staff 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 Item No. 13—Ordinance No. 2015-66, Final,Thompson Lake City Clerk Ackroyd read Ordinance 2015-66 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning the nght-of-way easements on the south and east sides of the east 451 3 feet of tract 60-a as shown on the Plat of Clermont, Lake Highlands, 15-22-26, PB 3, PG 52, Public Records of Lake County, Flonda, repealing all ordinances in conflict herewith, providing for severability, publication, recording, and for an effective date Senior Planner Kruse presented the request to vacate existing nght-of-way established in 1919. The 60 foot nght-of-way was no longer needed and had never been improved. The request was reviewed by the Public Works and Environmental Services departments and there was no opposition to vacating the nght-of-way. Staff recommended approval. Robert Thompson, Applicant,was present to request approval and answer any questions Mayor Ash opened the public heanng. There were no public comments. Mayor Ash closed the public hearing Council Member Mullins moved for adoption of Ordinance 2015-66, seconded by Council Member Bates. The motion passed 4 to 0 on a roll call vote. Item No. 14—Ordinance No.2015-67; Final, Citrus Tower Centre City Clerk Ackroyd read Ordinance 2015-67 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning the east 7.5 foot drainage and utility easement of lot 3 and the west 7.5 foot drainage and utility easement of lot 4, as recorded in Plat of Citrus Tower Centre, Plat Book 41, Page 64; Public Records of Lake County, Flonda; repealing all ordinances in conflict herewith, providing for severability,publication, recording,and for an effective date. Senior Planner Kruse presented the request to vacate a 15-foot wide drainage and utility easement.The property has been developed and the easement has not been used.The property has other existing easements which have utilities in place. The request was reviewed by the Public Works and Environmental Services departments and there was no opposition to vacating the easement. Staff recommended approval. Robert Thompson; Applicant,was present to request approval and answer any questions. Mayor Ash opened the public heanng. There were no public comments. Mayor Ash closed the public heanng Council Member Mullins moved for adoption of Ordinance 2015-67, seconded by Council Member Bates. The motion passed 4 to 0 on a roll call vote. 5 City of Clermont MINUTES REGULAR,COUNCIL MEETING July 28,2015 Item No. 15—Ordinance No. 2015-69; Final,Citrus Tower Blvd. &Hooks Street City Clerk Ackroyd read Ordinance 2015-69 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 descnbed herein as shown below, providing for severability, effective date, and publication Senior Planner Kruse presented the request to rezone property located at Citrus Tower Boulevard and Hooks Street from Urban Estate to C-2 General Commercial.- The property was purchased by the City in 2012 for a Police Station The City selected another location for the Police Station and the rezoning would allow for the highest and best use of the property. The C-2 General Commercial zoning designation is consistent with the existing development pattern surrounding the property. Mayor Ash opened the public heanng. Jim Purvis,recalled the south side of Hooks Street-was to be transitional down to the residences behind the Epic Theater. He expressed concern the change would allow commercial property to abut existing residential property. City Manager Gray replied the future land use and zoning in the area has changed over the years to Commercial. Mark Bennett; Deal Development, stated he owns property to the south and supported the rezoning request Mayor Ash closed the public heanng Council Member Mullins moved to adopt Ordinance 2015-69; seconded by Council Member Bates. The motion passed 4 to 0 on a roll call vote. NEW BUSINESS Item No. 16—Variance Request; Mehdima Senior Planner Kruse presented the vanance request to construct a 9.5 foot tall retaining wall on the rearportion of the property p p y located at 1495 Sunset Village Boulevard The property has a deep slope which is difficult to maintain and the owner desires to level out the area. Staff recommended approval of the vanance request The applicant, Hoijatollah Mehdima, had an emergency and was unable to attend the meeting. Senior Planner Kruse stated staff offered to reschedule so Mr. Mehdima could be present Mr. Mehdima requested the item to be heard Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 Council Member Mullins inquired what the distance from the retaining wall to the rear property line was. Senior Planner Kruse stated approximately 7 5 feet. Council Member Mullins asked if landscaping could be required. City Attorney Mantzans stated Council could place conditions on a vanance Council Member Travis moved to accept the vanance as wntten; seconded by Council Member Bates. Council Member Mullins requested the retaining wall be aesthetically pleasing The motion passed with all members present voting aye. Item No. 17—Variance Request; Linwood Subdivision Senior Planner Kruse presented the variance request for a landscape buffer consisting of decorative fencing and wall column arrangements for an approved subdivision on Hartwood Marsh Road. Staff recommended denial of the vanance request Ben Schumaker, D R Horton, and Andres Aviles were present to answer any questions Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng. Council Member Mullins asked if any homes would back up to Hartwood Marsh Road. Senior Planner Kruse responded the homes would be set back from Hartwood Marsh Road. Council Member Mullins supported the request Council Member Bates inquired about the differences between Option 1 and Option 2. Senior Planner Kruse explained Option 1 had monument columns and Option 2 had monument signs. Council Member Bates asked which Option was more conforming to the surrounding neighborhoods Senior Planner Kruse replied Option 1 more closely matched the nearby areas. Council Member Mullms moved to grant the vanance request with Option 1, seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 18—Variance Request, South Lake Village Senior Planner Kruse presented the vanance request for a third monument sign on a third nght- of-way frontage and allow for 18-foot parking stalls along the north buffer located at the northwest corner of State Road 50 and Champion's Way Staff recommended approval. Rick McCoy; Project Engineer, was present to request approval and available to answer any questions. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng. Mayor Ash asked what size the sign would be Senior Planner Kruse responded the sign would be limited to 37.5 square feet The full-size sign would be on State Road 50 and the smaller signs would be on Legends Way and Champions Way. Council Member Bates inquired if the parking vanance included all the parking spaces. Senior Planner Kruse stated the parking vanance was for the northern border and Champions Way. Council Member Mullins moved to grant the vanance request, seconded by Council Member Bates The motion passed with all members present voting aye Item No. 20 — Resolution No. 2015-25; Preliminary Resolution Fire Rescue Services Assessment City Clerk Ackroyd read Resolution 2015-25 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda providing for the approval of the levy of non-ad valorem assessments on certain benefitted properties within the City of Clermont for the purpose of providing high quality Fire Rescue and Basic Life Support services to the benefitted properties, providing for consideration of certain technical reports and data recommending a method of levying said assessments and determining benefits are in proportion to each property's assessment; providing for legislative findings, providing for adoption of an assessment roll; providing for a public heanng to be held on August 25, 2015; providing for severability; and providing for an effective date Finance Director Van Zile presented information related to the Fire Assessment. The Council in February 2015 authonzed the consulting firm Tindale Oliver to perform a study to determine the methodology and rate schedule for an annual Fire Services Rescue Assessment. The consultants completed their study in June 2015 and presented their findings at the June 23, 2015 Council meeting and the July 23, 2015 Council workshop. Mr. VanZile reviewed the Fire Assessment policy decisions which included single family tiers, vacant land status, exemptions and the vanous Fire Assessment rate options. The Fire Assessment rate must be formally adopted on August 25, 2015. Staff recommended approval of Resolution 2015-25, including a preliminary Fire Assessment rate structure based on the maximum amount of$113 for a single-family home Council Member Travis inquired if other agency's Fire Assessment rates were flat rates Finance Director VanZile confirmed other agency rates were flat rates. Council Member Mullins commented the business community would pay more than the residential community and asked what other agencies charged for non-residential property. Finance Director VanZile stated the Lake County non-residential rate for commercial was 22 cents per square foot, industnal was .0289 cents per square foot, and institutional was .2846 cents per square foot. Mayor Ash opened the public heanng 8 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 Jim Purvis read a letter aloud from Council Member Goodgame stating he was opposed to a Fire Assessment fee. Jim Purvis spoke in opposition of a Fire Assessment fee. Mayor Ash closed the public heanng. Council Member Mullins supported the concept of a Fire Assessment fee and rolling back the millage rate. He commented the fee was a fair way to distribute the cost to those receiving the benefit. Council Member Bates agreed to approve the Resolution to allow further discussion at a later date. He encouraged Council and staff to review the budget for any possible expense reductions. Mayor Ash stated much of the budget consists of expenses for personnel and equipment. The City has a lot of equipment which is 20 years old and needs to be replaced. The City has grown and requires additional staff and equipment. She commented the Public Works building was built as a temporary facility 25 years ago. Council Member Mullins moved to adopt Resolution 2015-25 at the recommended rate, seconded by Council Member Bates The motion passed with all members present voting aye. Item No.21 —Proposed Ad Valorem Millage Rate Finance Director Van Zile presented information regarding the Fiscal Year 2016 proposed ad valorem nullage rate. Ad valorem tax revenues are based on the current millage rate of 3.729 per $1,000 of taxable value. The current millage rate represents an increase of 5.11 percent over the rolled back rate of 3.5478. According to the Lake County Property Appraisers office, taxable property values are estimated to increase 11.65 percent. Based on the current nullage rate and property value increases, the increase in the ad valorem tax revenues for Fiscal Year 2016 is $789,366 The proposed millage rate may be reduced dunng the September public hearings but may not be increased. The tentative ad valorem nullage rate will be approved by the City Council at the September 10 First Budget Public Heanng The Final Budget Public Hearing for adoption of the ad valorem millage rate will be September 24 Staff is requesting approval of the proposed millage rate of 4.6500 for advertising purposes. Council Member Travis inquired if 4.6500 would appear on the TRIM Notice if approved City Manager Gray confirmed the amount would appear on the TRIM Notice. Finance Director VanZile commented adopting the current millage rate of 3.729 and not approving a Fire Assessment fee would result in using $1.8 million in reserves to balance the budget. City Manager Gray stated there were three main reasons for the budget increase, the purchase of the Arts and Recreation Center, the additional Police Department personnel for the new zone due to recent annexations, and the new Fire Station. He stated most departments have decreased their operating expenses. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING July 28, 2015 Finance Director VanZile commented staff has never recommended this high of an increase The City has always used reserves; however the City cannot continue using reserve funds. Council Member Mullins moved to advertise a nullage rate of 4 6500; seconded by Council Member Bates. The motion passed 3 to 1 with Council Member Travis opposing. Item No.22—Ordinance No.2015-68;Introduction City Clerk Ackroyd read Ordinance 2015-68 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda, amending the Code of Ordinances, Chapter 86 Administration, Section 86-52 Granting of Vanances, providing for codification, severability, effective date; and publication. Council Member Mullins moved for introduction of Ordinance 2015-68; seconded by Council Member Bates The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:23pm APPROVED: ,42€1/ 1:7 sao Gail L. Ash,Mayo ATTEST: ./1/rI � , Tracy Ackrey. C y Clerk 10 PROPERTY DISPOSAL FORM Department: Environmental Services Asset Tag#: Contact Person: Heather Wooding Phone: 352-241-0178 Year/ Make /Model: Vehicle No Miles/ Hours- Serial/VIN- Description of Property Seminole Well with associated parts and equipment O See attached form with multiple items listed. All items must include above information *****MUST CHECK ACTION BELOW(One Action Per Form)***** ❑ CANNIBALIZED: The equipment is in non-repairable condition but components parts of the equipment may be used to repair or replace parts on other pieces of equipment. ❑ LOST/ STOLEN: Accidental loss or damage - disposition is unknown (Police report must be attached to this form). ❑ TRADE-IN: Returned to vendor. Submit any other information as to the asset(s) description, trade-in value, etc. ❑ NON-REPAIRABLE: A piece of equipment that is not repairable or not cost effective to repair. © OBSOLETE: Refers to any item or material that is of no use to the City. © SCRAP: Any metallic material that can be dissolved to produce new metals. O OTHER: We are abandoning Seminole Well and all it's parts and equipment except for items that can be used at any of the other City wells. Director Signature: Date: Jul 9, 2015 *****This form must be sent e Purchasing Department to dispose of propertl/***** Date Approved by City Council: Agenda Item: Method of Disposal: Date Disposed: Purchasing Director: *****Finance Section Office Use Only***** Asset Number Completed by: Date. Rev 6-19-15 PROPERTY DISPOSAL FORM Department: Environmental Services Asset Tag#: N/A Contact Person: Heather Wooding Phone:241-0178 Year/ Make / Model: 2008-poly processing-6,150 upright Vehicle No. N/A Miles/Hours: N/A Serial/VIN. L-08-00156 Description of Property 6,150 gal.plastic bleach tank ❑ See attached form with multiple items listed. All items must include above information. *****MUST CHECK ACTION BELOW(One Action Per Form)***** ❑ CANNIBALIZED: The equipment is in non-repairable condition but components parts of the equipment may be used to repair or replace parts on other pieces of equipment. ❑ LOST /STOLEN: Accidental loss or damage - disposition is unknown (Police report must be attached to this form). ❑ TRADE-IN: Returned to vendor. Submit any other information as to the asset(s) description, trade-in value, etc. ❑ NON-REPAIRABLE: A piece of equipment that is not repairable or not cost effective to repair. © OBSOLETE: Refers to any item or material that is of no use to the City. ❑ SCRAP: Any metallic material that can be dissolved to produce new metals. ❑ OTHER: Director Signature: / Date: YAP/0101S— *****This form must be sent to the Purchasing Division to dispose of property"**** Date Approved by City Council: Agenda Item. Method of Disposal: Date Disposed. Purchasing Manager: *****Finance Section Office Use Only***** Asset Number: Completed by: Date: Rev 1-28-15