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12-08-2015 Regular Meeting 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 The Clermont City Council met in a regular meeting on Tuesday, December 8, 2015 in the Clermont City Center 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 Howe Absent Council Member Goodgame INVOCATION Pastor Kendal Anderson gave the invocation followed by the Pledge of Allegiance PROCLAMATION City Clerk Ackroyd Howe read the On-Street Bicycling Lanes proclamation aloud Mayor Ash presented the proclamation to Council Member Travis PRESENTATIONS Recognition of Honor Guard Commanders Lieutenant Richard Keith, Honor Guard Commander, recognized Honor Guard Robert Lovvorn for his dedicated service to the Clermont Fire Department Honor Guard Fire Chief Bishop thanked the Honor Guard for serving the community Recognition of City Board Member Volunteers Development Services Director Hollerand presented a Certificate of Appreciation to the board member volunteers from the Planning and Zoning Commission and the Code Enforcement Board Certificate of Excellence in Financial Reporting Presentation—Fiscal Year 2014 Mayor Ash presented a plaque from the Government Finance Officers Association to Finance Director VanZile The City has received this award for 27 consecutive years Finance Director VanZile recognized Finance Manager Lacy Smith-Castillo for her role in prepanng the annual financial report School Crosswalk Presentation Economic Development Director Hitt presented an update to the City Council regarding student and pedestnan crosswalk safety at the State Road 50 and East Avenue intersection The intersection has a crossing guard for two hours each day during the elementary school hours The cost to provide a crossing guard for an additional two hours each day to cover the middle school hours for the remainder of the school year would be approximately$3,000 The crosswalks are stnped according to code, however the required crossing signage was not posted at the intersection The Lake County Distnct School Board has contacted the Flonda Department of Transportation and an on-site inspection will be conducted and the required signage will be installed City Manager Gray stated staff would need authonzation from the Council to provide additional hours for the crossing guard 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Council Member Bates asked if the Lake County School Board would provide any funding Economic Development Director Hitt stated the Lake County School Board did not have the budgeted funds to assist with a school crossing guard Council Member Bates moved to approve the expenditure for a crossing guard to be maintained for an additional two hours each day, seconded by Council Member Mullins Mayor Ash opened the public heanng Ms LeBlanc thanked the Council Mayor Ash closed the public heanng The motion passed with all members present voting aye Mayor Ash announced Council Member Goodgame was unable to attend the meeting PUBLIC COMMENTS Wayne Weatherbee commented he disagreed with Ordinance No 281 that was adopted from Ordinance 230-M, which was adopted improperly He distnbuted a document to the City Council Mane Howd, Greater Clermont Cancer Foundation, presented a Certificate of Appreciation to the City Council from the Greater Clermont Cancer Foundation Board of Directors for supporting the Clermont Music Festival Jim Purvis thanked staff for the events for the holiday season Dave Holt thanked the Council and staff for their support dunng his term on the Code Enforcement Board Mr Holt suggested the City add a third Code Enforcement Officer Tim Murry announced at 6 30pm on December 11, 2015, there will be a"Battle of the Badges"basketball game between the Clermont Police Department and the Lake County Shenff's Department at Clermont Elementary School The admission pnce is one unwrapped toy, which the Christian Men m Action organization will distnbute to children in need on Christmas Eve REPORTS City Manager Gray stated the Clermont Downtown Partnership has requested the First Fnday event in January be held on the 2nd Fnday in January Staff supported the requested change Council'Member Bates moved to approve changing the January First Fnday to January 8, 2016, seconded by Council Member Travis Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng The motion passed with all members present voting aye 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 City Manager Gray announced Consent Item No 15, "Taste of the World" Event Request, was removed from the agenda City Manager Gray stated the applicants requested Council table Item No 23, Advanced Watershapes Vanance Request, and Item No 24, Rorabaugh Vanance Request, to the January 12, 2016 meeting due to not having a full Council Council Member Bates moved to table Item No 23 and Item No 24 to the January 12, 2016 meeting, seconded by Council Member Mullins The motion passed with all members present voting aye City Manager Gray announced the applicant has requested Council table Item No 16, Ordinance 2015- 71, to the January 12,2016 meeting City Clerk Ackroyd Howe read Ordinance 2015-71 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, providmg 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 Council Member Bates moved to table Ordinance 2015-71 to January 12,2016, seconded by Council Member Mullins The motion passed with all members present voting aye City Manager Gray requested the Arby's vanance request be heard after the Consent Agenda Council was in agreement City Manager Gray extended thanks and appreciation to staff and Parks and Recreation Director Davidoff for a successful Light Up Clermont City Attorney Mantzans— No report Council Member Bates thanked staff and City Manager Gray for the events over the past several weeks Council Member Goodgame—Absent Council Member Mullins thanked staff and City Manager Gray for the events over the past several weeks Council Member Travis announced the South Lake Chamber Breakfast will be held on December 18, 2015 and on December 29,2015 at 5 OOpm there will be a 'Kids First' bike nde at Waterfront Park 3 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Mayor Ash commented she attended a special Veterans program on November 11, 2015, a `Share the Road Summit' was held on November 13, 14, and 15, 2015, the ground breaking for the new Police Station on November 16, 2015, a dinner on December 19 held by New Beginnings, and the Light Up Clermont events She extended her thanks to City staff for decorating the Downtown area 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 October 27, 2015 and the November 10,2015 Regular Council meeting Item No. 2—Council Meeting Schedule Consider request to approve the 2016 City Council meeting calendar Item No.3—Contract Award Consider request to piggyback the Flonda Shenffs Association contract to purchase fleet vehicles for the Environmental Services Department in the total amount of$561,744 Item No.4—Contract Award Consider request to piggyback the Flonda Shenffs Association contract to purchase fleet vehicles for the Police Department in the total amount of$451,520 50 Item No.5-Contract Award Consider request to piggyback the Flonda Shenffs Association contract to purchase fleet vehicles for the Public Works Department in the total amount of$125,604 Item No.6—Contract Award Consider request to piggyback the Flonda Shenffs Association contract to purchase fleet vehicles for the Fire Department in the total amount of$65,658 Item No. 7—Request for Proposal Award Consider approval of Request for Proposals award to Cardno, Inc to provide installation and training of an asset management software for the Environmental Services Department in the amount of$128,488 Item No. 8—Surplus Request Consider approval of-request to declare end of life inventory as surplus from the Parks and Recreation Department and dispose of m accordance with the Purchasing Policy 4 r City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Item No.9—Resolution No.2015-42 Consider approval of revised Purchasing Policy Item No. 10—Resolution No.2015-43 Consider approval of Resolution creating a City of Clermont Youth Council Item No. 11—Utility Service Agreement Consider request for water service to a single family home owned by Steven George Gray at 15630 Johns Lake Road Item No. 12—Facility Use Agreement Consider approval of Facility Use Agreement with Clermont Sailing Club for usage of space at the Clermont Boathouse Item No. 13—Interlocal Agreement Consider approval of an updated Interlocal Agreement with the Lake-Sumter Metropolitan Planning Organization Item No. 14—Cost Share Agreement and Budget Consider approval of Cost Share Agreement Amendment with St Johns River Water Management Distnct for Lower Flondan aquifer wells up to the amount of$1,980,000 and a budget amendment in the amount of$1,980,000 Item No. 15—Event Request and Open Container Consider request for XClusive Canbbean Inc to host"Taste of the World"event at Waterfront Park on March 26, 2016 with event times from 11 OO AM to l0 00 PM and allow open container for event Mayor Ash announced Consent Item No 15, "Taste of the World"Event Request, was removed from the agenda Jim Purvis pulled Item 4 Council Member Mullins moved to accept Consent Items 1 through 3 and Items 5 through 14, seconded by Council Member Bates The motion passed with all members present voting aye Jim Purvis stated Council Member Goodgame requested he convey to the Council that he was not opposed to the Police Department fleet vehicle purchase, however Mr Goodgame would like a workshop to discuss vehicle lease options in the future Mayor Ash commented vehicle lease options were explored Council Member Mullins moved to accept Consent Item 4, seconded by Council Member Bates The motion passed with all members present voting aye 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Item No. 22—Variance Request,Arby's Senior Planner John Kruse presented the request for a 12 foot high retaining wall on the northeast side of the property on an outparcel at the Clermont Landings Shopping Center Staff recommended denial of the retaining wall vanance request Steve Tarte, representing Arby's, stated the retaining wall would not likely exceed 10 feet in height The retaining wall will be located behind the existing trees on the northeast portion of the property Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng Council Member Bates moved to approve the vanance request, seconded by Council Member Mullins The motion passed with all members present voting aye UNFINISHED BUSINESS Item No. 17 — Ordinance No. 2015-76 Final, Capital Improvement Elements Comprehensive Plan Amendment City Clerk Ackroyd Howe read Ordinance 2015-76 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending the Comprehensive Plan of the City of Clermont, Flonda,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes by adopting text changes to the Goals, Objectives and Policies of the Capital Improvements Element of the Comprehensive Plan, setting forth the authonty for adoption of the Comprehensive Plan Amendments, setting forth the purpose and intent of the Comprehensive Plan Amendments, establishing the legal status of the Comprehensive Plan Amendments, providing for severability,conflict and an effective date Senior Planner Kruse reported the Flonda Statutes required annual updates to the Capital Improvements Elements of the Comprehensive Plan Staff recommended approval Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng Council Member Bates moved to approve Ordinance 2015-76, seconded by Council Member Mullins The motion passed 4 to 0 on a roll call vote Item No. 18—Ordinance No. 2015-77 Final, Community Redevelopment Agency Redevelopment Plan City Clerk Ackroyd Howe read Ordinance 2015-77 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, approving a Community Redevelopment Plan for the Community Redevelopment Area located in the City of Clermont, making findings,providing for an effective date 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Economic Development Director Hitt presented the ordinance to adopt the expansion of the Community Redevelopment Agency Distnct and Redevelopment Plan The Community Redevelopment Agency Distnct will include the Waterfront Park beach area,the pnor Bell Ceramics site off of East Avenue, CBS Builders Supply, Exceletech, the Clermont Public Works facility, and parcels south of Highway 50 between 5th Street and 12th Street Mayor Ash opened the public heanng There were no public comments Mayor Ash closed the public heanng Council Member Bates moved to approve Ordinance 2015-77, seconded by Council Member Mullins The motion passed 4 to 0 on a roll call vote Item No. 19—Ordinance No. 2015-78 Final, Driveway Land Development Code Amendment City Clerk Ackroyd Howe read Ordinance 2015-78 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 54 Streets, Sidewalks and other Public Places, Section 54-78 Dnveway Construction Standards, Chapter 98 Parking and Vehicular Use Areas, Section 98-9 Access, Section 98-10 Dnveway Construction Standards, Chapter 110 Subdivisions, Section 110-274 Illustrations, providing for codification, severability, effective date, and publication Hector Guerrero, Development Services Intern, presented the ordinance to adopt changes to the Land Development Code to allow an increase in the dnveway width leading into garages which face the street The change allows dnveway widths up to 30 feet for lots 60 foot wide or greater Lots which are less than 60 foot wide would require a vanance The City's Engineenng Department recommended adjusting the maximum slope for dnveways above street grade to 1 inch per foot from the top of the curb, and to allow fiber-reinforced concrete with 3,000 psi strength to be used,as well as 6 x 6 wire-welded mesh with the strength of 2,500 psi concrete Staff recommended approval of the Land Development Code amendments Mayor Ash opened the public hearing There were no public comments Mayor Ash closed the public heanng Council Member Mullins asked what the current pitch was for driveways Mr Guerrero stated the current Code is 3/4 inch Council Member Mullins inquired if 2-car garages would be allowed to increase the width of their dnveways Senior Planner Kruse stated the impervious surface ratio and lot width would be the determining factors for approving a widened dnveway or requiring a vanance Council Member Bates moved to approve Ordinance 2015-78, seconded by Council Member Mullins The motion passed 4 to 0 on a roll call vote 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Item No.20—Ordinance No.2015-79 Final, Noise Land Development Code Amendment City Clerk Ackroyd Howe read Ordinance 2015-79 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 34 Environment, Section 34-31 Loud, Disturbing and Unnecessary, Enumeration, Section 34-32 Business Noises Adjacent to Residential Sections of the City, Section 34-33 Maintaining Noisy Premises, and adding to Chapter 34 Environment, Section 34-34 Findings of Fact, Section 34-35 Prohibited Acts, Section 34-36 Maximum Permissible Sound Level Limits, Section 34-37 Sound Measurement, Section 34-38 Exceptions, Section 34-39 Conflicts in Restnctive Standard, Section 34-40 Enforcement, Section 34-41 Other Remedies, Section 34-42 Liability of Enforcement Officer, Section 34-43 Administration, Section 34-44 Measurement of Noise, providing for codification, severability, effective date, and publication Planning Manager Henschel presented the ordinance to adopt changes and add new provisions to the Land Development Code sections regarding noise The proposed changes include measurements for sound levels, added definitions, additional time allotments for individual users, and exemptions The proposed changes and additions provide for a more precise level of measurement in determining if the noise is a Code violation Staff recommended approval of the Land Development Code changes Council Member Mullins inquired if the Code Enforcement Officers would have to spend additional time in court due to potential challenges City Attorney Mantzans stated violations would be enforced through the Code Enforcement Board process The City will have to acquire sophisticated equipment to measure noise level Council Member Bates asked how the decibel levels were established City Attorney Mantzans commented the decibel levels were established from ordinances which have been sustained in challenges through the court system Council Member Bates inquired how events would be affected Planning Manager Henschel stated there was an exception in the Code for Council approved events Council Member Travis asked how much the equipment would cost Planning Manager Henschel responded the cost would be$1,500 to$2,500 per piece of equipment Council Member Mullins commented the equipment would remove the Code Enforcement Officer's opinion regarding the level of noise Mayor Ash stated the ordinance would stipulate how noise would be monitored and measured Council Member Mullins moved to approve Ordinance 2015-79, seconded by Council Member Bates Council Member Bates asked when the ordinance would be effective City Manager Gray stated the ordinance would be effective immediately City Attorney Mantzans stated Council could choose an effective date 8 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8,2015 Council Member Mullins amended the motion to add the effective date of February 1, 2016, seconded by Council Member Bates Mayor Ash opened the public heanng Charlene Forth spoke in support of the Ordinance Mayor Ash closed the public heanng The motion passed 4 to 0 on a roll call vote Item No.21 —Ordinance No.2015-80 Final, Central Business District Rezoning City Clerk Ackroyd Howe read Ordinance 2015-80 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, creating an overlay, rezoning the real properties described herein as shown below, providing for severability, effective date, and publication Semor Planner Kruse presented the ordinance changing the zoning for all properties within the boundanes of the Downtown Mixed Use future land use designation to the Central Business Distnct zoning designation The change will allow more permitted uses, zero lot lines, and increased building heights The City received notification from one property owner requesting his West Avenue property excluded Staff will amend the legal descnption to remove the property Staff recommended approval of the rezoning Mayor Ash opened the public heanng Charlene Forth spoke m opposition of the zoning change Jerry Butler spoke in favor of his property being included in the rezoning Mayor Ash closed the public hearing Council Member Mullins expressed concern regarding the lack of M-1 Industrial zoned areas in the City Council Member Travis commented she was opposed to having M-1Industnal zoned areas in the Central Business District Council Member Bates expressed concern regarding parking and code issues Council Member Mullins moved to adopt Ordinance 2015-80, seconded by Council Member Bates The motion passed 4 to 0 on a roll call vote 9 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8,2015 NEW BUSINESS Item No.25—Board Appointments Council-Member Mullins moved to reappoint John Baker and appoint Bob Peraza to the Police Officers Pension Board of Trustees, seconded by Council Member Travis The motion passed with all members present voting ayp Council Member Mullins moved to reappoint Sy Holzman and Jim Purvis to the Firefighters Pension Board of Trustees, seconded by Council Member Bates The motion passed with all members present voting aye Council Member Travis requested discussion at the Council Retreat on using a Magistrate system instead of having a Code Enforcement Board Council Member Mullins moved to reappoint William Rim and Chandra Myers for the three year terms and appoint William Petersen for a two year term to the Code Enforcement Board, seconded by Council Member Bates The motion passed with all members present voting aye Council Member Mullins moved to reappoint Tony Hubbard, Nick Jones, and Judi Proli to the Planning and Zoning Commission, seconded by Council Member Bates The motion passed with all members present voting aye Mayor Ash asked for resumes and background information on people requestmg appointments and reappointments to the vanous boards City Manager Gray addressed removing the St Johns River Water Management Distnct Representative, the St Johns River Water Management Distnct Water Liason, and the Lake County Community Action Representative from the Outside Agency Appointments The Council was in agreement and the City will send a representative when a need exists Council Member Travis requested serving on the Metropolitan Planning Organization Board as an alternate Mayor Ash suggested she and Council Member Travis serve as alternates on the Metropolitan Planning Organization Board City Manager Gray presented the following Outside Agency appointments ' South Lake Chamber of Commerce, Council Member Travis Lake County League of Cities Board of Directors,Council Member Bates Metropolitan Planning Organization Govermng Board,Council Member Goodgame Metropolitan Planning Organization Governing Board Alternate,Mayor Ash and Council Member Travis Tounsm Development Council, Council Member Mullins Tourism Development Council Alternate, Council Member Bates Metropolitan Planning Organization Citizen Advisory Council, Suzy Gibson Metropolitan Planning Organization Bicycle Pedestnan Advisory Council,Bnan Davis Lake Apopka Natural Gas,Ann Dupee 10 City of Clermont MINUTES REGULAR COUNCIL MEETING December 8, 2015 Council Member Bates moved for approval of the Outside Agency Appointments, seconded by Council Member Mullins Mayor Ash opened the public hearing There were no public comments Mayor Ash closed the public heanng The motion passed with all members present voting aye Item No.26—Ordinance No.2015-74 Introduction, Special Events City Clerk Ackroyd Howe read Ordinance 2015-74 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending City Code Chapter 54 "Streets, Sidewalks and other Public Places", creating Article IV "Special Events", providing for Purpose and Intent, Definitions, Permit Required/Exemption, Application for Permits, Police Protection, Fire Protection and Emergency Medical Services, Limitations, conflict, severability, codification, and an effective date Council Member Mullins moved to introduce Ordinance 2015-74, seconded by Council Member Bates The motion passed with all members present voting aye Patncia McFarland inquired when the Advanced Watershapes Vanance Request would be heard Mayor Ash stated the request was rescheduled for January 12,2016 Ms McFarland suggested a notice be placed on the door regarding items which will be tabled to another date ADJOURN: With no further comments,this meeting was adjourned at 8 37pm APPROVED: Gail L Ash,Mayor ATTEST: ..r.,,. Tracy • • .oyd Howe, City Clerk 3-� - ei \_ 11 PROPERTY DISPOSAL FORM Department PARKS AND RECREATION Asset Tag# Contact Person MARY GREEN Phone 352-708-5988 Year/ Make/Model MAGNAVOX Vehicle No Miles/ Hours Senal/VIN. Descnption of Property 55"TV-LED ❑ 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 matenal that is of no use to the City. ❑ SCRAP: Any metallic material that can be dissolved to produce new metals ❑ OTHER: Director Slgnatur . s Date. ro%t.X S *****This form must be sent to the Purch= ins 3 epartment to dispose of property***** i Date Approved by City Council. Agenda Item Method of Disposal Date Disposed Purchasing Director *****Finance Section Office Use Only***** Asset Number. Completed by Date 1 Rcv 6-19-15