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09-11-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 The City Council met in a regular meeting on Tuesday, September 11,2018 in the Clermont City Council Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Brishke,Travis,Bates, and Goodgame. Other City officials present were City Manager Gray,City Attorney Mantzaris,and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Kendal Anderson gave the invocation followed by the Pledge of Allegiance. PROCLAMATION City Clerk Howe read the Constitution Week proclamation aloud. Mayor Ash presented the proclamation to Beverly Oyler with the Tomoka Chapter of the Daughters. PRESENTATIONS Clermont Thrive Sheri Lewin, Founder of Thrive Clermont, thanked the City for their support to have their Summer Pop- ups and presented a permanent art piece which was crafted by one of the volunteers,Kyle Wright, for the city in gratitude for the arts and culture grant provided by the City. Achievement of Excellence in Procurement 2018 Award Mayor Ash presented the Achievement of Excellence in Procurement 2018 Award to Purchasing Director Suarez and staff. Parks and Recreation Update Parks and Recreation Director Davidoff provided an update of the past year of the Clermont Performing Arts Center,Champions For A Lifetime,Recreation Programs,Clermont City Center, Special Events, and increased usage of the Arts and Recreation Center. Mayor Ash commented Parks and Recreation Director Davidoff and staff are doing a phenomenal job. Council Member Goodgame thanked Parks and Recreation Director Davidoff for working with the EMS. PUBLIC COMMENTS Jim Purvis,4206 Hammersmith Drive,expressed concern for the use of police officers to enforce the time limit at Council Meetings and requested the matter be placed on a future agenda. Toni Bell, 1139 West Lakeshore Drive, requested Council sign a proclamation to change the name of Clermont Middle School to Aurelia McKinney Cole Academy. City Manager Gray stated staff could bring this matter back to Council as a formal resolution on the next meeting agenda. Tim Murry, 574 East Desoto Street,expressed support for the renaming of Clermont Middle School. Greg Amann, 550 East Avenue, expressed support for renaming of Clermont Middle School and inquired about live streaming Council meetings. City Manager Gray stated the IT Department is researching livestreaming and the ADA compliance requirements which would be needed. The matter will be brought back in the fall with the estimated cost. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 The plan is to do a Charter Review Committee starting in January through March or April with the recommended changes ready by the election cycle next year. REPORTS City Manager Gray reported on the Sips and Salsa event and thanked all who attended the 9/11 ceremony. City Manager Gray commented on receiving negative feedback from the community regarding the Commercial Occupancy Inspections and Fire Alarm Monitoring.As a result, the fees will be suspended to allow time for review by staff before returning the matter to Council at the upcoming budget hearing. The Final Budget Hearing is on September 20,2018 at 6:30pm.The Youth Council has 10 applicants interested in participating this year. Item No. 13 of the agenda requested to be tabled to September 25,2018. Item No. 13—Ordinance No.2018-12,Final, 607& 619 Lake Avenue Comprehensive Plan Amendment City Clerk Howe read Ordinance No. 2018-12 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, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes;setting forth the authority 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. Council Member Bates moved to table Item No. 13 to September 25, 2018; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 14 has been withdrawn. City Attorney Mantzaris— No report. Council Member Bates—No report. Council Member Goodgame congratulated Chief Bishop for the 9/11 event. Council Member Brishke—No report. Council Member Travis congratulated the Parks and Recreation Department as well as the Public Works Department for their participation in the Sips and Salsa event. City Manager Gray thanked the Chamber of Commerce for co-hosting the event. Mayor Ash reported on September 4th, she attended the swearing in of new police officers and a promotional ceremony. On September 7th, she was at Montverde Academy for its 2018 Convocation to celebrate the start of a new year. Later that morning, she was at Waterfront Park where Mr. Kissler of the Lake Health Officer of the Florida Department of Health presented Clermont with the Healthy Community Champion Award. On September 8t°, she attended the ribbon cutting at the new Trek Clermont bicycle store with members of the Chamber of Commerce. Later that day, she welcomed citizens to the Sips and Salsa event where outstanding work was done by staff members Chris Dudeck,Maritza Rivera and Jennifer MacNeil. Earlier this morning she attended the 9/11 ceremony at the Arts and Recreation Center. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 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 —Surplus Request Consider approval to declare end of life inventory as surplus from the Police & Fire Department and dispose of in accordance with the Purchasing Policy. Item No.2—Contractor Name Change Consider request for contractor name change from Layne Inliner,LLC.to Granite Inliner,LLC. Item No.3—Bid Award Consider award to All-Rite Fence Services, Inc. to provide fence installation services at various parks in the total budgeted amount of$68,535. Item No.4—Bid Award Consider award to Quick Response Fire Protection, LLC. to provide fire alarm panel replacement and equipment installation in the total budgeted amount of$74,800. Item No.5—Bid Award Consider award to Folsom Services,Inc.to provide electrical improvements to lift station El 5 in the total lump sum budgeted price of$56,166. Item No.6—Bid Award Consider award to Folsom Services,Inc.to provide electrical improvements to lift station E6 in the total lump sum budgeted price of$67,397. Item No.7—Collective Bargaining Negotiations Consider negotiations team for the Clermont Team Request Professional Firefighters. Item No.8—First Amendment to Settlement Consider agreement approval dated August 26, Agreement 2003;to resolve a dispute between Utilities, Inc. of Florida and the City of Clermont regarding wastewater utility services in the Barrington Estates neighborhood. Item No.9—Resolution No.2018-36R Consider approval of Resolution opposing the relocation of the Edmund Kirby Smith statue to Lake County. Item No. 10—Grant Agreement Consider approval of Florida Small Community Energy Efficient Lighting Grant Program Agreement in the amount of $250,000 for the Hancock Park Lighting Retrofit with a match of $63,846. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 Kathryn Knight requested item 9 be pulled from the Consent Agenda. Council Member Goodgame moved to approve items 1 through 8 and item 10 of the Consent Agenda; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No.9—Resolution No.2018-36R City Clerk Howe read Resolution No. 2018-36R aloud by title only. A Resolution of the City Council of the City of Clermont,Lake County,Florida,opposing the Edmund Kirby Smith statue coming to the Lake County Historical Museum; and transmitting Resolution to the Ad-Hoc Committee of the Florida Historical Commission and Florida Council on Arts and Culture—Statue Location Selection Committee,Board of Lake County Commissioners and the Lake County Historical Museum. Kathryn Knight, 1505 Sunset Village Boulevard, expressed support of the Resolution opposing the statue and presented a document to Council. Mayor Ash opened the Public Hearing. Chris Walker, 100 East Minnehaha,asked Council to support the Resolution to deny the statue. Mayor Ash closed the Public Hearing. Mayor Ash clarified the Resolution states the City does not support having the statue in the county. The Council is in opposition to having the statue in Lake County. Council Member Goodgame moved to approve item 9 of the Consent Agenda; seconded by Council Member Bates.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 11 —Resolution No.2018-30R, Child's Ice Machine City Clerk Howe read Resolution No.2018-30R aloud by title only. A Resolution of the City Council of the City of Clermont,Lake County,Florida,granting a Conditional Use Permit to allow a commercial outdoor ice machine in the C-1 Light Commercial zoning district. Development Services Director Henschel presented applicant's request for the Conditional Use Permit to allow a commercial ice machine in the C-1 Light Commercial zoning district. Staff considers this use as uncertain and the Land Development Code requires a Conditional Use Permit for cases where classification is uncertain. The City Council approved a Conditional Use Permit on August 28, 2012 to allow a commercial ice machine at this site but it became null and void because substantial construction work did not begin within two(2)years of the Conditional Use Permit approval.Staff has reviewed the proposed use as well as the application and found the commercial ice machine will not be detrimental to the health,safety, or general welfare of persons residing or working in the vicinity and the proposed use does meet the general criteria for granting a Conditional Use Permit. The Planning and Zoning Commission recommended approval. Rick McCoy, representative of the applicant, Carla Childs, stated the request was previously granted in 2012 and requested Council's support again for their request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing. Council Member Goodgame asked about the hours of operation.Mr.McCoy stated the ice machine would be available anytime. The ice machine is secluded and not visible from 50. Council Member Bates inquired about the reason for the delay.Mr.McCoy stated the applicant is no longer living in the house and the economy is doing better. Mayor Ash expressed concern with the location being close to the Fire Department and the additional traffic which may occur. Mr. McCoy clarified the entrance would be off of Chestnut with the exit on 5th Street. Mayor Ash asked about remedies available should traffic generated from the ice machine become a problem. Development Services Henschel clarified the Conditional Use Permit has a clause, Number 7, which states the applicant would have to come back before Council should there be a problem. Council Member Bates moved to approve Resolution No.2018-30R;seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 12—Ordinance No.2018-26,Final, Bell Ceramics City Clerk Howe read Ordinance No. 2018-26 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 described herein as shown below;providing for severability,effective date,and publication. Development Services Director Henschel presented the administrative request for the Bell Ceramics site. In order to have the use of the property match the zoning, it was determined that the PR Parks and Zoning designation would be the most appropriate. City Manager Gray stated when park sites are identified, the sites must have future land use and zoning. All of the parks within the City have the park designation for future land use however the zoning matches the surrounding area. As a result, staff will be bringing several similar items to Council in the near future in an attempt to match all zoning to the future land use of the parks in the City. Mayor Ash opened the public hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates asked if a building could be added for concessions. City Manager Gray stated the building would have to come before Council for funding,but the property would be correctly zoned. Council Member Goodgame moved to approve Ordinance 2018-26; seconded by Council Member Bates.The motion passed 5 to 0 on a roll call vote. Item No. 14—Ordinance No.2018-13,Final, 607& 619 Lake Avenue Rezoning Withdrawn. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 NEW BUSINESS Item No. 15—Ordinance No.2018-31,Introduction, 607 Lake Avenue PUD Rezoning City Clerk Howe read Ordinance No. 2018-31 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 described herein as shown below;providing for severability,effective date,recording,and publication. Council Member Goodgame moved to introduce Ordinance 2018-31; seconded by Council Member Bates.The motion passed with all members present voting aye. Item No. 16—Variance Request Development Services Director Henschel presented the Applicant's variance request for a minimum lot size less than 10,000 square feet.The applicant would like to split the existing platted lot to allow two(2)8,000 square foot lots for construction of two(2)new single family homes.Staff has reviewed the application and recommended approval. Perry Brigmond, 11710 Montevista Road,requested approval from Council. Mayor Ash opened the Public Hearing. Terry Pitt, W. Hwy 50, stated lot size requirement of 10,000 was set after the year 2000 however the subdivision was built prior to the year 2000 when the lot size requirement was 7,500 square feet. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired if any language is required in the motion to address possible additional variances. City Attorney Mantzaris clarified the only variance to be voted on by Council currently is in regards to the minimum square footage so any other variance has to return to Council. Mayor Ash asked the average square foot of the proposed homes. Mr. Pitt clarified the homes would be between 1,300 to 1,500 square feet and is compatible with the community. Council Member Goodgame moved for approval of the variance request; seconded by Council Member Travis. The motion passed with all members present voting aye. Mayor Ash recessed the meeting at 7:56pm. Mayor Ash reconvened at 8:05pm. Item No. 17—Sunburst Lane City Manager Gray stated this matter was previously brought before Council at a prior workshop. Environmental Services Director Westrick provided a recap of the Sunburst Lane and Water Treatment Plant.He reviewed the concerns of the Magnolia Park residents and their request,facility history,communication with the Magnolia Park residents,site layout,high service pump building, facility improvements, well pump building, HOA board requested construction of a 12 to 14 foot wall along western boundary between Water Treatment Plant and Magnolia Park,proposed natural barrier enhancements, proposed barrier wall, and barrier alternatives. The natural barrier 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 enhancement costs are approximately $110,000 to $260,000. Barrier Wall options are approximately$160,000 to$450,000. City Manager Gray stated Council previously asked staff to look at landscaping cost.This would be funded out of the water and sewer fund. Mayor Ash opened the Public Hearing. Tom Van Dyke, 2870 Magnolia Loop, thanked Council for giving time to consider and expressed support for approval of the wall option. Joseph Harmer,2880 Magnolia Loop,expressed support for restoration of what the area originally had and expressed concern with traffic from Hancock Park recreation facility. Chris Corneae,3324 White Blossom Lane,expressed concern with the noise from the nearby well and with the traffic from the fields. Mayor Ash closed the Public Hearing. Council Member Goodgame expressed support for a twelve-foot wall. Mayor Ash questioned the cost for the wall and the origin of the noise. City Manager Gray stated the priority is the well-house pump.The park adds to the noise of the pump.The City recently approved a grant to look at softer lighting and technology for the park to help the area and the residents. Council Member Bates inquired about materials considered for the wall. Environmental Services Westrick stated they looked at concrete and prefabricated panels. City Manager Gray stated Capital Planning and Projects Director Kinzler assessed a metal wall located at Dr. Phillips. Capital Planning and Projects Director Kinzler clarified staff looked at the wall separating Universal Studios from the adjacent neighborhoods and Dr.Phillips High School.The wall appears to be made of metal material and was heavily screened with vegetation. City Manager Gray clarified the $450,000 estimate provided was an estimate for concrete block which is only one of the options the City could go with. Environmental Services Director Westrick clarified the estimate for a twelve-foot prefabricated wall would be$225,000.The wall would be installed ten to twelve feet from the access drive which would result in the removal of some of the existing pine trees. Council Member Brishke inquired about the length of the wall. Environmental Services Director Westrick clarified the wall would be approximately 1,000 feet. Council Member Brishke expressed concern with the houses extending past the end of the wall not receiving the benefits of the wall. City Manager Gray clarified to the south of the expansion are just the rib sites.The noise comes from the north from the park and the well-house. Over various discussions with the neighborhood,they did not express a concern for the southern area with regard to the noise. Council Member Travis moved to recommend a 12 foot pre-cast wall;seconded by Council Member Bates. The motion passed 4 to 1 with Council Member Brishke opposed. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 Item No. 18—Lien Reduction Request Development Services Director presented the lien reduction request for 624 Prince Edward Avenue which has a total lien amount of$481,300. The history of the property was reviewed. The applicant is interested in purchasing the property and has requested to offer 10% of the original two lien amounts which would come to the total payment of$10,620 which would allow the new applicant to fix the home and make a profit on the resale. If the lien is reduced, staff recommends the reduced amount only be good for 60 days which would allow the applicant time to bring the site up to compliance. John Bladek,applicant,stated he could not obtain building permits to bring the house up to code.The house is open and it is a close to a school. Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing. Council Member Travis suggested for the pool to be secured and for the property to be donated to Habitat for Humanity. Mayor Ash suggested Council discuss the matter of high lien amounts at a workshop. Council Member Bates suggested having a threshold of an amount for future liens and expressed support to reducing the lien for the applicant. City Manager Gray clarified Development Services Director Henschel has been working on gathering the information on outstanding liens the City currently has on properties and expressed support for having a workshop to discuss setting a limit for liens and the possibility of donating the property foreclosed on to Habitat for Humanity. City Attorney Mantzaris provided a brief history of the property. Council Member Travis asked about the current purchase price. Mr. Bladek replied the current purchase price was$135,000 as is. City Attorney Mantzaris stated the property was purchased in 2017 and nothing has been done since. Mr. Bladek stated he had a title search done which showed no other liens attached to the property and the cost of the City's lien would come out of the purchase price. Mayor Ash inquired about the expected resale value of the property.Mr.Bladek replied the expected resale is around$200,000 to$210,000. Council Member Brishke inquired of City's cost for administrative fees. City Attorney Mantzaris clarified this matter has been in front of a Special Magistrate and the Code Board and estimated the cost would be less than$10,000 out of pocket. A workshop would be needed to discuss this matter. Other municipalities have struggled to regain expenses paid when taking action to bring the property into compliance or to then maintain the properties. Council Member Brishke moved to reduce the lien amount to $48,100 with 60 days for compliance and payment; seconded by Council Member Bates. City Attorney Mantzaris clarified the applicant cannot start work until he has acquired the property. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 Mayor Ash suggested reducing the lien amount to$20,000. The motion passed 4 to 1 with Council Member Goodgame opposed. City Attorney Mantzaris will provide information in regards to compliance deadline. Item No. 19—Ordinance No.2018-32,Introduction City Clerk Howe read Ordinance No. 2018-32 aloud by title only. An Ordinance of the City Council of the City of Clermont,Lake County,Florida,amending the City of Clermont Police Officers' Pension Trust Fund, as adopted by Ordinance No. 304-C;providing plan benefit revisions;providing for severability of provisions;repealing all ordinances in conflict herewith; and providing an effective date. Council Member Bates moved to introduce Ordinance No. 2018-32; seconded by Council Member Brishke.This motion passed with all members present voting aye. Item No. 20—Ordinance No.2018-33,Introduction City Clerk Howe read Ordinance No. 2018-33 aloud by title only. An Ordinance of the City Council of the City of Clermont,Lake County,Florida,amending the City of Clermont Firefighters' Pension Trust Fund,as adopted by Ordinance No. 304- C; providing plan benefit revisions; providing for severability of provisions; repealing all Ordinances in conflict herewith; and providing an effective date. Council Member Bates moved to introduce Ordinance No. 2018-33; seconded by Council Member Brishke.This motion passed with all members present voting aye. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING September 11,2018 ADJOURN: With no further comments,this meeting adjourned at 9:18 pm. APPROVED: ‘ �L4 -. Gail L. Ash,Mayor ATTEST: j1(6Z-00-.4 Tracy Ackroyd Howe,City Clerk