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08-11-2015 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 11, 2015 The Clermont City Council met in a regular meetmg on Tuesday, August 11, 2015 in the Council Chambers at City Hall Mayor Ash called the meetmg to order at 6.30pm with the following Council Members present Council Members Mullins, Bates, Goodgame, and Travis Other City officials present were City Manager Gray, City Attorney Mantzans, and City Clerk Ackroyd. INVOCATION Reverend Lundy gave the invocation followed by the Pledge of Allegiance PRESENTATIONS City Manager Gray commented the Council requested an update from the Lake County Rowing Association six months following the initiation of the Clermont Boathouse Management Agreement between the City and the Lake County Rowing Association. Lake County Rowing Association Presentation Paul McPherson reviewed the Lake County Rowing Associations mission, accomplishments, scholarship opportunities, future events and projected attendance figures. He thanked the City of Clermont for their support Council Member Mullins recommended the report be presented to Lake County. Council Member Bates asked the status of the bid to host the 2016 Masters National Championships. Mr. McPherson noted they were not awarded the bid,however they will apply again m the future. Council Member Travis mquired if the 2015 attendance and room night stay figures were actual or projected. Paul McPherson stated the attendance figures were actual and the room night stay figures were estimated. The Association is developing a more accurate method for tracking room night stays. Council Member Travis suggested contacting area hotels regarding tracking the number of room night stays. Council Member Goodgame commented people rent houses when attending events and suggested contacting Alison Strange with PFX Athletics. Mayor Ash suggested havmg the participants complete a form which included room night stays. Mayor Ash thanked Mr. McPherson for the presentation Quarterly Budget Update Finance Director Van Zile presented highlights of the Quarterly Performance Report for the period of October 1, 2014 through June 30, 2015. He reviewed the top ten revenues, major fund revenues, major fund expenditures, and departmental expenditures Council Member Goodgame asked Finance Director VanZile for a prediction of the end of year reserve funds. Finance Director VanZile stated the projection was $8 million, which is approximately 30%of the City's operating expenses. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11,2015 City Manager Gray noted the City's policy was for reserve funds to remain no less than 25%of the City's operating expenses Finance Director VanZile stated $6 million was the target amount for the reserve funds for next year PUBLIC COMMENTS Helmut Michelson inquired when he could speak regarding the fire assessment fee. Mayor Ash stated the fire assessment fee would be addressed at the August 25, 2015 Council meeting Mark Gonzalez commented over one hundred cars participated in the first car show in Histonc Downtown Clermont on August 8, 2015 He expressed appreciation for the City's support and thanked Lieutenant Castro, Officer Arroyo, Officer Razo, Fire Inspector Pierce, Events Manager Dudeck, Police Chief Broadway, the seven Police Explorers, Ron Smart, and the Clermont Downtown Partnership staff for their assistance. Ron Smart; Clermont Downtown Partnership Executive Director, stated the First Fnday event on August 7, 2015 was the largest food truck event to date, with an estimated 2,500 to 3,000 people in attendance He requested additional trash receptacles for future First Fnday events. The Clermont Downtown Partnership participated in National Night Out and the Police Department did a great job. The upcoming Downtown'Clermont Art Festival will be held on November 7 and 8, 2015 and the theme will be Champions of the Arts, with a maximum of 50 talented artists. The Downtown Clermont Partnership now holds almost 82 event days; including the Farmers Market, and drawing an estimated 75,000 people to the Downtown Business District throughout the year. Council Member Goodgame inquired if food trucks were available at the car show. Ron Smart stated several were at the event and they anticipate food and beverage vendors will increase; however the Downtown Clermont Partnership encourages local restaurants to be open dunng these events. Ron Smart reported the Clermont Downtown Partnership was notified by Slide the City that they had withdrawn from conducting slide events, so the Slide Clermont event scheduled for September 26, 2015 has been cancelled. Council Member Travis recommended a slide company from South Flonda City Manager Gray will provide the contact information to Ron Smart Mayor Ash thanked Ron Smart and the Clermont Downtown Partnership for bnnging people and events to Downtown Clermont. REPORTS City Manager Gray introduced Scott Davidoff,the new Parks and Recreation Director City Manager Gray asked Environmental Services Director Roy to provide an update on the Single Stream Recycling program Environmental Services Director Roy reported each household would receive a new 65 gallon rolling container The roll-out will take place in three phases with the first phase taking place in October, phase two occurring in November, and the final phase taking place in December 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11, 2015 Council Member Travis asked if the City's parks would have recycle bins. Environment Services Director Roy stated he was working with Public Works Director Brunson on a process to provide recycle bins in the parks City Attorney Mantzans—No report. Council Member Bates—No report Council Member Goodgame commented he was glad to be back Council Member Mullins thanked all for attending National Night Out and the Downtown Food Truck Rally He attended a workshop with the Tounst Development Council Advisory Board and the Lake County Parks,Recreation and Trail Board to discuss working together to assist each other Council Member Travis thanked Public Information Officer Bloodsworth for helping the Bike Safety Committee, which educates the public, drivers, and motonsts of what to do when encountenng bicycles. There is a free Parkrun at Waterfront Park each Saturday at 7:30am when the Park does not have a scheduled event. The Executive Director from the United Kingdom will attend on August 15, 2015 and plans to use Clermont as a model for their Parkrun. Mayor Ash attended National Night Out at Waterfront Park. The Flonda Department of Law Enforcement, Drug Enforcement Administration, Lake County Corrections, and nine cities were represented at the event. 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 Apnl 28, 2015 Regular Council meeting. Item No. 2—Resolution No.2015-27 Consider approval of FRDAP grant Application for Palatlakaha Park—Phase I Item No.3—Resolution No.2015-28 Consider approval of FRDAP Grant Application for Palatlakaha Park—Phase II. Item No.4—Contract Renewal Consider renewal of Dispatch Services Contract provided by the Lake County Shenff's Office. Council Member Goodgame pulled Items 2, 3,and 4 Council Member Goodgame moved to approve Item 1, seconded by Council Member Mullins. The motion passed with all members present voting aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11, 2015 Council Member Goodgame commented Items 2, 3, and 4 did not note the dollar amount in the summary section of the agenda. The dollar amounts should be included in the summary section Council Member Goodgame moved to approve Items 2, 3,and 4, seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 5—Variance Request, Sundar Investments Senior Planner Kruse presented the request to allow a rear-yard setback of 20 feet at 4444 Harts Cove Way The applicant would like to install a 32-foot wide by 16-foot deep screened porch The request was tabled to August 11 to allow for additional information to be presented Staff recommended denial of the vanance request - Suseema Basdeo; Applicant, addressed Council's previous concerns and stated the variance was for the extra five foot of solid roof, not the screen room. The Home Owners Association has approved the structure Mayor Ash opened the public hearing There were no public comments Mayor Ash closed the public heanng Council Member Bates moved to approve the request: seconded by Council Member Goodgame The motion passed with all members present voting aye Item No. 6 —Resolution No.2015-23;Harvest Landing City Clerk Ackroyd read Resolution 2015-23 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit(Resolution 2015-07)to allow a Planned Unit Development. Senior Planner Kruse presented the Resolution to amend a Conditional Use Permit for a Planned Unit Development for the Harvest Landing Subdivision. The previous Conditional Use Permit granted the applicant the ability to increase the Impervious Surface Ratio from 45% to 50% on the twenty-six lots which had been provided as an exhibit. Staff and the applicant reviewed the approved lots and noted the majority of the lots were designated along one street The potential result could have the Aspen model home dominating the street, preventing a break in the visual surroundmgs The applicant requests the exhibit specifying the designated lots be removed, as it was not their intention to specifically lock in the lot locations for the Aspen model. Staff recommends approval of the amendment to the Conditional Use Permit to eliminate the exhibit, to allow the twenty-six lots to be designated throughout the development, and to clanfy the Impervious Surface Ratio percentage 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11, 2015 Attorney Jimmy Crawford was present on behalf of the applicant, Beazer Homes. The exhibit presented for the pnor Conditional Use Permit was not intended to lock in the lot locations for the Aspen model The intent was to change the Impervious Surface Ratio maximum to 50% for the Aspen model house Attorney Crawford stated the applicant requests elimination of the exhibit and allow the Aspen model a 50%Impervious Surface Ratio on any lot within the subdivision Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public heanng Council Member Goodgame inquired if the request was to build 26 Aspen model homes with a maximum Impervious Surface Ration of 50%, but not on the lots specified in the pnor Conditional Use Permit exhibit Attorney Crawford acknowledged Council Member Goodgame was correct. Council Member Mullins clarified the Aspen model could be placed on any lot with a 50% maximum Impervious Surface Ratio, which may not allow for a screen room or other structure. Attorney Crawford was in agreement Council Member Bates expressed concern regarding possible future vanance requests. Attorney Crawford provided an email for the record regarding a disclosure statue to buyers covenng limitations on accessory structures when building the Aspen model. Mayor Ash was in agreement with the request. City Attorney Mantzans requested Semor Planner Kruse provide the amended language. Senior Planner Kruse provided the amendment on page 4 of Resolution 2015-23, Section 9 - Special Planned Unit Development Conditions, number 8. The Resolution will be amended to state for 26 lots only,placed throughout the development. Council Member Mullins moved to adopt Resolution 2015-23 as amended; seconded by Council Member Goodgame. The motion passed with all members present voting aye Item No. 7—Ordinance No.2015-68;Final 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 Variances, providing for codification; severability; effective date, and publication Planning Manager Henschel presented the staff request to add language to the City Code to allow the City Manager or designee to approve a deviation of standards for a vanance request, when the request is no more than a 5%change from the Land Development Code The intent is to allow small adjustments when an error has been discovered and proven. The City Manager would have the ability to deny the deviation of standard request and direct the applicant to apply for a vanance. Staff recommended approval of Ordinance 2015-68. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11,2015 City Manager Gray noted he would not have a designee make the determination, and in the event he was uncomfortable with approving,he would bring the matter before Council Council Member Goodgame asked how the City Manager would receive requests City Attorney Mantzans stated typically a property owner or purchaser would be attempting to finance a piece of property and have a survey prepared The financer may discover a discrepancy with the survey and will not finance the project or purchase The owner or purchaser would contact staff and submit an application to the Development Services Department. Staff would review the application and forward to the City Manager for review. Mayor Ash inquired if the applicant would file for a variance request. City Attorney Mantzans stated the applicant would work with a shortened administrative vanance application Council Member Bates asked how often deviations of standards occur. City Attorney Mantzans commented the situations rarely occur Swimming pools are an example, where a hole is dug a few inches in the wrong direction and not typically noted until refinancing or selling the property. Mayor Ash opened the public heanng Jim Purvis supported the proposed concept. He requested Council consider a sunset clause of one year and Council review the number of applications that have come m Mayor Ash closed the public hearing. Council Member Mullins suggested removing the word "designee", with the City Manager as the only approver. Mayor Ash agreed with Council Member Mullins. Council Member Mullins suggested a two year sunset. Council Member Travis and Mayor Ash were not opposed to a one year sunset clause. City Attorney Mantzaris suggested adding language to include a mandatory requirement for the City Manager to provide an annual report to the City Council. Mayor Ash commented the Ordinance was amended by eliminating"designee" from line 1 under Administrative Variances, and from the last line under Administrative Variances, and adding a clause stating the City Manager will provide an annual report to the City Council on the number of vanances granted. Council Member Goodgame moved for approval of Ordinance 2015-68 as amended; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11, 2015 NEW BUSINESS Item No. 8—Ordinance No.2015-73;Introduction City Clerk Ackroyd read Ordinance 2015-73 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda providing for the establishment of a fire service non-ad valorem assessment, providing for severability; providing for repeal of ordinances in conflict; and providing for codification and an effective date Council Member Mullins moved for introduction of Ordinance 2015-73; seconded by Council Member Travis. Council Member Bates inquired if introducing the Ordinance allowed for moving forward for discussion at the next meeting City Attorney Mantzans commented the Ordinance was the legislative vehicle enabling the Council to adopt the Fire Assessment Fee Resolution should Council wish to adopt a Fire Assessment Fee. A second reading of the Ordinance would occur at the August 25, 2015 meeting, which will become the legislative part of the City Code allowing for the adoption of a Fire Assessment Fee by Resolution The Ordinance could be adopted, Council could choose not to adopt a Fire Assessment Fee Resolution, and a Fire Assessment Fee would not be in place. Council Member Mullins inquired when would the fee amount be selected. City Attorney Mantzaris stated the Ordinance and a Resolution will be presented together at the August 25, 2015 meeting. Procedurally the Ordinance would be adopted first, and the Resolution adopting a Fire Assessment Fee addressed afterwards. Council Member Goodgame inquired if three Council Members vote against introducing the Ordinance, would the Ordinance no longer move forward City Manager Gray stated the Ordinance would not move forward. Council Member Goodgame requested discussion of the Ordinance City Attorney Mantzans stated the Ordinance was under introduction and it has been the City's policy not to hold discussion on the matter. An introduction is designed to determine if Council is interested in moving forward for a final heanng. Council Member Travis commented if the Ordinance moved to a final hearing, at the final heanng the Council could reject the Ordinance. Council Member Mullins stated the Ordinance did not mention future increases were capped by the Consumer Pnce Index; which was in the letter sent to the residents He inquired if the cap was a state law City Attorney Mantzans commented the assessment would not have an automatic increase and suggested obtaining clanfication from the consultant. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 11, 2015 Council Member Mullins requested staff research the cap issue to determine if the cap should be included in the Ordinance Council Member Goodgame asked City Attorney Mantzans if, by law, the Council was unable to discuss moving forward or not moving forward with the Ordinance City Attorney Mantzans stated Council can have discussion on any motion which has a second Council Member Goodgame commented Finance Director VanZile mentioned the City would have $8 million in reserve funds at the end of the year and $6 7 million in reserve funds for Fiscal Year 2016 He stated he did not support the Ordinance as the funds were not needed. Council Member Mullins commented the Fire Assessment was something to consider when addressing the budget. He supported moving forward and would like to see a Fire Assessment Fee and a reduced millage rate. Council Member Goodgame commented he was opposed to imposing a Fire Assessment Fee on houses of worship. Mayor Ash stated the City has to provide fire services to the churches and the churches are exempt from property taxes The taxpayers must pick up the costs of services for the churches. Council Member Bates asked about the cost to lease police vehicles opposed to purchasing the vehicles. City Manger Gray commented the police vehicles will not be purchased from the General Fund. The motion passed 3 to 2 with Council Members Bates and Goodgame opposing. ADJOURN: 'With no further comments, this meetmg was adjourned at 8:01pm. ' APPROVED: it /1. Gail L Ash,Mayor ATTEST: Tracy Ac.oyd, City C rrk 8