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08-09-2016 Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2016 The Clermont City Council met in a regular meeting on Tuesday, August 9, 2016 in the Clermont City Council Chambers. Mayor Ash called the meeting 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 Mantzaris, and City Clerk Ackroyd Howe. INVOCATION Pastor Broadway gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Florida Recreation Development Assistance Program (FRDAP) Grant Check Public Works Director Brunson announced the City was awarded grant funds for the Palatlakaha Park renovations,phases 1 and 2. Scott Spalding; Lake Louisa State Park Manager, commented the grant was a competitive awards program which is awarded for land acquisitions and outdoor recreational use projects. Mr. Spalding presented the$100,000 check to Mayor Ash. Police Department Annual Report Chief Broadway presented the Police Department annual report for 2015. The report was distributed to the City Council. Deputy Chief Walters Swearing In City Manager Gray welcomed Deputy Chief Walters to the City of Clermont. Police Chief Broadway introduced Deputy Chief Walters. City Clerk Ackroyd Howe administered the Oath of Office to Deputy Chief Walters. PUBLIC COMMENTS Wayne Weatherbee stated he requested and received documents and minutes related to Ordinance 230-M and Ordinance 231-M. Mr. Weatherbee presentedand distributed documents to the City Council. He commented Ordinance 230-M was not heard by the Planning and Zoning Commission, was tabled indefinitely by the City.Council, and was resurrected for a different issue called the.Comprehensive Plan six months later. Mr. Weatherbee asked City Attorney Mantzaris of the legality of having two final hearings on two completely different issues. City Attorney Mantzaris stated he could not answer the question until he reviewed all the documents. Mr. Weatherbee commented Council took an oath to uphold all city code and ordinances, and altering a code is fraud. He opined the City tampered with evidence and destroyed records in the middle of a court proceeding because the Comprehensive Plan is based on fraud. Mr. Weatherbee believes the Comprehensive Plan was used to take away his land use and deprive him of any commerce. He stated the City had no proof the adjacent property owners; including himself,were notified of any zoning change. 1 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2016 Mr. Weatherbee requested the issue be placed on an agenda, and requested a copy of the documents be placed in the address folders for his properties at 898 and 899 West Montrose Street. Jim Purvis provided the 35-year history of the Code Enforcement Board. The board began with six members and was intended to be a board consisting of peers. The Council changed to a Special Magistrate format at the July 26,2016 Council meeting. Mr. Purvis thanked Council Member Mullins for inserting a sunset clause of two years. David Falzon opined federal, state, and local law has been violated against him. He stated Council voted to seize his lake frontage and claim it according to a bill from 1943, and had the property removed from his name in 2013. Mr. Falzon commented the City began building a retention pond on the property and he filed a law suit against the City. Council Member Goodgame requested an update from City Attorney Mantzaris. City Attorney Mantzaris stated this was an ongoing dispute. The City does not agree with Mr. Falzon regarding the status of the property. The property has gone through a title search and the City's insurance is defending it. Council Member Goodgame inquired of the property location. City Manager Gray stated the property was on Lake Winona. Mr. Ellis Abide commented he owns property between Montrose Street and Minneola Avenue. He inquired how Ordinance 230-M has affected his property. City Manager Gray will research the property. Mayor Ash asked Mr.Abide to contact City Manager Gray. David Holt expressed disappointment with the Council vote to remove the Code Enforcement Board. He requested the Council to reverse the vote. Mayor Ash commented Council will carefully watch and evaluate the impact of the Special Magistrate format. Mr. Holt asked what factors will be used to grade the performance and encouraged Council to attend the proceedings. City Manager Gray noted City Attorney Mantzaris did not propose the Special Magistrate format; the Council brought up having a Special Magistrate. REPORTS City Manager Gray announced the City Council workshop will be held on Monday, August 29, 2016 at 9:00am in the Council Chambers. City Attorney Mantzaris provided a follow up on the Code Enforcement Special Magistrate. The Purchasing Department issued a Request for Qualifications and the City Council will select the Special Magistrate on a future agenda. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9,2016 Council Member Bates—No report. Council Member Goodgame reported Kings Ridge had a town hall meeting featuring the Lake County Sheriffs office. He assisted in the preparation of and attended the Teacher Appreciation Breakfast. Council Member Mullins commented the August 5, 2016 Food Truck Rally was rained out. The Classic Car Cruise=in will be on Saturday, August 13, 2016 from 4:00pm to 8:00pm. He thanked city staff for a successful National Night Out. Council Member Travis announced the South Lake Chamber Breakfast will be held on August 19, 2016 at the Arts and Recreation Center. The Hob Nob will be held at the Arts and Recreation Center on Wednesday, August 10,2016 from 5:00pm to 7:30pm. Mayor Ash reported on attending the 'Push Back' of the Fire Department's new ladder truck, which was dedicated to April Hoover, former Assistant Fire Chief. She attended the Rabbit Hole grand opening, National Night_:Out,the Teacher Appreciation Breakfast, and the Presidents Hall of Fame. The Hob Nob will be held on August 10,2016. 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 approval of the June 28, 2016 Regular Council Meeting minutes. Item No.2—Plat Approval Consider approval of Vineyards at Hammock Ridge Crossings plat. Item No.3—Proposal Award Consider approval of Request for Proposals award to Hylant Orlando, LLC to provide employee healthcare and benefits consulting services. Item No.4_Bid Award Consider approval of bid award to Ernie Morris Enterprises, Inc. to provide office furniture, assembly and installation for the new Police Department Headquarters in the total amount of $291,195.14. Item No.5—Bid Award Consider approval of bid award to Allstate Paving, Inc. to provide all labor, material, and equipment necessary for pavement resurfacing in the total amount of$336,896. Item No.6—Contract Award Consider request to piggyback Manatee County contract with Transcor Recycling, LLC for the collection and purchase of white goods and scrap metal. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2016 Item No.7—Fire Hydrant Easement Consider easement request over the area in which the fire hydrant is located on East Highland Avenue. Item No.8—Stormwater Easement Consider the purchase of an easement located at 1670 East Avenue to implement a stormwater improvement project for East Avenue and Drew Avenue in the amount of$4,750. Item No.9—Stormwater Easement Consider easement request located at 168 East Lakeshore Drive to implement a stormwater project for East Avenue and Drew Avenue. Item No. 10—Sidewalk Right-of-Way License and Consider entering into an agreement with Hold Harmless Agreement Wallace Grill located at 794 West Minneola Avenue. Item No. 11—Extension of Employee Unpaid Consider an extension of unpaid leave without Leave Without Pay pay for medical reasons for City employee Kristopher Kruse through October 31, 2016. Mayor Ash pulled Consent Agenda Item 11. Council Member Goodgame moved for approval of Consent Agenda Items 1 through 10; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Ash stated the extension of unpaid leave for medical reasons will be for another 85 days, for a total of 265 days. She expressed concern of Mr.Kruse not returning to work by October 31,2016. City Manager Gray commented Mr. Kruse would have to be medically released from employment. The policy only allows the City Manager to approve up to 180 days for a leave of absence. Staff received a letter from Mr. Kruse's physician which indicated he would be able to return to light duty work in October. Mr.Kruse would then be re-evaluated as a police officer. Mayor Ash asked what would occur if Mr. Kruse returns and is unable to perform light duty work, and applies for another leave of absence. City Attorney Mantzaris stated it would depend on timing and his Family Medical Leave Act (FMLA) status. There are standards on when you can return to FMLA status, which would depend on how long Mr.Kruse was out and how long he returned to work. Human Resources Director Dauderis stated Mr. Kruse is not eligible for FMLA. City Manager Gray commented Mr. Kruse is not being paid at this time as he has exhausted all of his leave time. Mr.Kruse's police officer position remains open. Mayor Ash stated the Police Department is short a police officer, which is impacting the Police Department and the other police officers. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9,2016 Mayor Ash asked if Mr.Kruse would be medically evaluated after October 31. City Manager Gray stated when Mr. Kruse wants to return as a police officer,he will be given a medical evaluation to ensure he can perform the duties of a police officer. Mayor Ash commented the extension would run until October 31, 2016; however, his medical exam will be in January. City Manager Gray stated the City anticipates the medical exam will be in January. Mr. Kruse will be provided a couple months of light duty work and re-evaluated to return as a police officer. Mr. Kruse would be eligible to apply for any open position in the City, should he be unable to return as a police officer. Council Member Goodgame moved to approve Item 11 of the Consent Agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 12—Ordinance No.2016-35;Final—Fire Prevention Code City Clerk Ackroyd Howe read Ordinance 2016-35 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, creating City Code Chapter 15 "Fire Safety Code", providing for conflicts; severability; codification; and an effective date. Administrative Fire Chief Johnston stated the City does not have its own Fire Safety Code and by default, falls under the State Fire Code. The ordinance formalizes the State Fire Code for the City and will assist with the Fire Department's accreditation process. Mayor Ash opened the public hearing. There were no comments. Mayor Ash closed the public hearing. Council Member.Goodgame moved for the adoption of Ordinance 2016-35; seconded by Council Member Mullins.The motion passed 5 to 0 on a roll call vote. Item No. 13-Ordinance No. 2016-36;Final—Mazda Annexation City Clerk Ackroyd Howe read Ordinance 2016-36 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land in accordance with the Interlocal Service Boundary Agreement dated December 2, 2014; providing for an effective date, severability,recording, and publication. Planning Manager Henschel presented the staff request to annex the Headquarter Mazda property located on Highway 50. The property is being developed as an automobile dealership and receives water and sewer services from the City. A comprehensive plan amendment will be processed to change the future land use from Lake County's Regional Commercial to the City's Commercial designation. A rezoning will be processed to change the zoning from Urban Estate to the City's C-2 General Commercial zoning classification. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2016 Staff recommended approval of the annexation. Mayor Ash opened the public hearing.There were no comments. Mayor Ash closed the public hearing. Council Member Mullins moved for.adoption of Ordinance 2016-36; seconded by Council Member Travis.The motion passed 5 to 0 on a roll call vote. Item No. 14—Variance Request;Headquarter Honda Planning Manager Henschel presented the variance request for a monument sign. The request was originally heard at the July 12, 2016 Council meeting and was tabled to July 26, 2016 to allow the applicant an opportunity to evaluate additional options. The applicant is proposing to relocate the existing sign which meets current City code size and height requirements. The applicant is requesting a setback variance from the front property line adjacent to the Highway 50 property line. City code requires a five-foot setback from the front property line and the applicant is proposing a one-foot setback from the front property line. The wide right-of-way for Highway 50 will leave forty-two feet from the property line to the sidewalk along Highway 50. The applicant states the request will prevent fewer motorists from performing a U-turn on Highway 50, and allow the automotive dealership to remain competitive with the other surrounding automotive dealerships. Staff recommended denial of the variance request. Attorney Scott Glass addressed Council suggestions from the July 12,2016 Council meeting. The facility is a Leadership in Energy and Environmental Design(LEED)certified facility and will not allow removal of the landscaping, surrounding the current sign location. Council also suggested moving the sign to provide more visibility. Planning Manager Henschel met with Honda and provided the presented possible solution,which includes the variance requested. Mayor Ash opened the public hearing. There were no comments. Mayor Ash closed the public hearing. Council Member Bates clarified the request was to move the sign; not increase the size. Council Member Goodgame moved for approval of the variance request; seconded rby Council Member Mullins. The motion passed with all members present voting aye. NEW BUSINESS Item No. 15—Pool Repair Change Order and Budget Amendment Parks and Recreation Director Davidoff reported during the budgeted resurfacing of the pool at the Arts and Recreation Center, the contractor found the structure was not solid concrete. The pool had a lot of gaps and sand in the concrete, which prevented the resurfacing from occurring. Staff was concerned Of the structural integrity and an outside engineer was brought in to evaluate the structure. The requested change order will repair the pool and ensure the pools structural integrity. The contractor will begin the work on August 22 and the pool repairs will take approximately four weeks to complete. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2016 Mayor Ash opened the public hearing.There were no comments. Mayor Ash closed the public hearing. Council Member Goodgame asked if the other two pools were inspected. Parks and Recreation Director Davidoff stated the other two pools were not inspected. Council Member Mullins asked if repairing was less expensive than demolishing and installing a new pool. Parks and Recreation Director Davidoff commented staff recommends repairing the pool due to the cost of anew pool. Council Member Travis asked if AU Miller Pools was the proposed contractor. Parks and Recreation Director Davidoff stated AU Miller Pools was awarded the bid for resurfacing. Council Member Travis asked which engineer was used to inspect the pool. Parks and Recreation Director Davidoff replied the engineer was with CPWG Engineering. Council.Member Travis inquired if the repairs were published for bid. City Manager Gray stated AU Miller Pools had won the bid 'for resurfacing and discovered the problem. The company is able to perform the necessary repair work. Council Member Travis expressed concern and asked of the reference checks performed. Parks and Recreation Director Davidoff commented Purchasing Director Suarez performs reference checks as part of the bid process. Mayor Ash asked if the work would have a warranty and how long was the warranty. Parks and Recreation Director Davidoff indicated the work would be under warranty for one year. Council Member Bates inquiredof placing the work for bid as the original bid was for resurfacing. City Manager Gray stated the Councilhad the option to re-bid the work; however,the bid process would delay the work. o . Council Member Mullins asked of AU Miller Pools' qualifications to repair pools. Parks and Recreation Director Davidoff commented the company was qualified to perform the work. Mayor Ash inquired of the funding for the repairs. City Manager Gray stated the budget amendment will come from the reserve account. Council Member Goodgame moved to approve; seconded by Council Member Mullins..The motion passed with all members present voting aye. Item No. 16—Ordinance No.2016-31;Introduction—Parking and Vehicular Use Areas An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 98 Parking and Vehicular Use Areas; Section 98-5 Design of Parking Lots; providing for codification; severability; effective date; and publication. Council Member.Mullins moved for introduction of Ordinance 2016-31; seconded by Council Member Goodgame. The motion passed with all members present voting aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2016 Item No. 17—Ordinance No. 2016-32; Introduction—Planned Unit Development Comprehensive Plan Amendment City Clerk Ackroyd Howe read Ordinance 2016-32 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of the City of Clermont,Florida,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Future Land Use Element of the Comprehensive Plan; setting forth the authority 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. Council Member Mullins moved for introduction of Ordinance 2016-32; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 18—Ordinance No.2016-33;Introduction—Downtown and Waterfront Entertainment District City Clerk Ackroyd Howe read Ordinance No. 2016-33 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 54, Streets, Sidewalks and Other Public Places; creating Article IV, Downtown and Waterfront Entertainment District; amending Chapter 6, Alcoholic Beverages; providing for severability,conflict,codification,and effective date. Council Member Mullins moved for introduction of Ordinance 2016-33; seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 7:45pm. " APPROVED: Ce t,i 471e • `• Gail L. Ash,Mayor ATT ST:. ,>, /i t 111111- racy Ackro d Howe,City Clerk 8