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12-11-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 The City Council met in a regular meeting on Tuesday. December 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 Drew Marshall gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Lake Apopka Natural Gas Monica Marlowe,Director of Marketing and Business Development for Lake Apopka Natural Gas District, presented a report on Clermont's district. Lake Apopka Natural Gas District is owned by City of Clermont, City of Apopka and City of Winter Garden and is governed by a local Board of Directors. The district has been awarded the System Operational Achievement Recognition award by the American Public Gas Association. In July 2019,Samuel Davis will become the chairperson of Lake Apopka Natural Gas District. The district currently has 3,041 customers in the City of Clermont. FY 2018 Quarterly Budget Presentation Finance Director Van Zile reported on the quarterly budget for the final quarter of the year. He presented highlights from October 1,2017 to September 30, 2018.The quarterly budget report presents an overview of the City's revenues,expenditures and key department statistics for the year.The quarterly budget report is available on the City's website. Mr. Van Zile reviewed the top 10 revenues, major fund revenues,major fund expenditures,major fund surplus/deficit, departmental expenditures,and master plan expenditures. City Manager Gray commended Finance Director Van Zile. Council Member Travis asked if the City received awarded grant funds. City Manager Gray stated the grants have been awarded and will be coming in the first half of this fiscal year. Finance Director Van Zile clarified there is approximately$3,000,000 in grants the City is expected to receive. PUBLIC COMMENTS Cuqui Whitehead,700 Hook Street,congratulated the City of Clermont and commended staff on the Light Up Clermont event. Bob Yarnall, 1375 Misty Glen Lane, thanked code enforcement for doing an excellent job at the Special Magistrate Hearing for Legends. Rebecca Casey, 1916 Nature Cove Lane, expressed support regarding backyard chickens. City Manager Gray stated the Council discussed the matter at a previous workshop. Council Member Bates stated the prior consensus of the Council was not to move forward with the matter and as a result is not in favor of revisiting the topic. Council Member Travis stated the Conditional Use Permit process is a process which can be used for the matter. Mayor Ash suggested creating a hardship application for the Conditional Use Permit process.City Manager Gray stated he would look into the idea and bring it back to Council. Linda Bibi,431 W. Minnehaha Avenue,expressed support for backyard chickens. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 Richard Bauer, 1789 Bella Lago Drive, requested a no jay breaking sign for semi-trucks on US-27. City Manager Gray clarified US 27 is a federal road which the City has no jurisdiction over. However, the Council could send a letter to the State requesting permission to place signs. Mr.Bauer also requested help with obtaining additional street lights at the entrance of Bella Lago. Charlene Forth, 939 W. Desoto Street, expressed concern with the lack of barricades for 104" Street and West Desoto Street during City events.City Manager Gray stated he will meet with Mrs.Forth,but Council will have to approve the street closures. Amanda Nethero, Director of Marketing and Programs for the South Lake Chamber of Commerce, congratulated and thanked the Council for the Light Up Clermont event. REPORTS City Manager Gray stated agenda Item 8,9 and 10 will be postponed to January 22,2019. Item No.8—Ordinance No.2018-35,Final, Olympus Annexation City Clerk Howe read Ordinance No.2018-35 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. Council Member Goodgame moved to table Ordinance No. 2018-35 to January 22, 2019; seconded by Council Member Bates.The motion passed with all members present voting aye. Item No.9—Ordinance No.2018-34,Final, Olympus CPA—Large Scale City Clerk Howe read Ordinance No.2018-34 aloud by title only. An Ordinance of the City Council of the City of Clermont,Lake County,Florida,adopting the Large 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 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. Council Member Goodgame moved to table Ordinance No. 2018-34 to January 22, 2019; seconded by Council Member Brishke.The motion passed with all members present voting aye. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 Item No. 10—Ordinance No.2018-36,Final, Olympus PUD Rezoning City Clerk Howe read Ordinance No.2018-36 aloud by title only. An Ordinance under the Code of Ordinance 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. Council Member Goodgame moved to table Ordinance No. 2018-36 to January 22,2019; seconded by Council Member Brishke.The motion passed with all members present voting aye. City Manager Gray reported on the Light Up Clermont event. There will not be a Council workshop on December 18,2018 and no second Council meeting in December. All of the City's offices will be closed on December 24,December 25 and January 1.The Youth Council meeting will take place tomorrow at City Hall. City Attorney Mantzaris— No report. Council Member Bates thanked staff for their preparations for Light Up Clermont and suggested to have a Youth Council float in the Christmas parade next year. Council Member Goodgame—No report. Council Member Brishke reported attending Light Up Clermont on Friday, November 30, 2018 and Saturday, December 1, 2018. On December 6, 2018, she attended the Breakfast of Champions with City staff. Council Member Travis reported attending Light Up Clermont and thanked the Police staff. Last week she missed the Breakfast of Champions as she was out of town. Tomorrow she will be riding with the Fire Department. Mayor Ash reported on November 29, she attended the opening of Jimmy Crawford's law firm in downtown. On November 30,2018,she attended the Light Up Clermont event and turned on the lights to the Christmas tree.On December 1,2018,she attended the parade for Light Up Clermont.That night, she was at the Performing Arts Center for Lessons in Carols with Chief Broadway. On December 6, she attended the bi-annual Employee Recognition Breakfast. 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 declaring end of life inventory as surplus from various departments and dispose of in accordance with the Purchasing Policy. Item No.2—Bid Award Consider approval of bid award to Robertson Industries, Inc. to provide resurfacing of the Champion Splash pad in the budgeted amount of $72,177.65 3 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 Item No. 3—Bid Award Consider bid award to William Medley Construction, Inc. d/b/a Medley Sports Construction to provide renovation of Lake Felter Park in the budgeted amount of$99,400. Item No.4—Scope of Services Consider professional engineering services for Phase 2 of the Downtown Waterfront District Project with BESH Engineering, Inc., in the budgeted amount of$142,410.00 Item No. 5—Police and Fire Pension Board Consider appointing Jason Sayre as the Fifth Appointments Member to the Police Officers Pension Board and Ryan Moore as the Fifth Member to the Firefighters Pension Board. Item No.6—Resolution No.2018-54R Consider authorizing the City Council to create a Parks and Recreation Advisory Committee. Item No. 7—Resolution No.2018-55R Consider resolution to amend the FY 2019 Budget. Council Member Goodgame moved to approve the Consent Agenda;seconded by Council Member Bates.The motion passed with all members present voting aye. NEW BUSINESS Item No. 11—Variance Request Development Services Director Henschel presented the applicant's variance request for a rear yard setback of 20 feet instead of 25 feet for the subject property located at 1747 Presidio Drive. The applicant is requesting a five-foot variance to allow encroachment into the required 25 foot rear yard setback for construction of a 12 by 35 foot screened porch addition with a solid roof to the existing single family home. The applicant has received approval from the Sierra Vista Homeowners Association Architectural Board, with the conditions that all permit and building codes are met before construction. Staff recommends approval of the variance request. Bisnauth Harnandan, 1747 Presidio Drive,Applicant,was present and available for any questions. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. City Manager Gray stated the part of the porch which goes into the five-foot encroachment is the roof. Development Services Director Henschel stated there were no letters of opposition received. Council Member Bates moved to approve the variance request: seconded by Council Member Goodgame.The motion passed with all members voting aye. Item No. 12—Board and Outside Agency Appointments City Manager Gray stated both of the existing members of the Community Redevelopment Agency have asked to be reappointed with no new applicants.The City did advertise the opening to the public. Council Member Travis moved to reappoint Roman Brana and Patrick Bianchi: seconded by Council Member Goodgame.The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 City Manager Gray stated the Planning and Zoning Committee has 4 out of their 7 seats up for reappointment.All current Board Members requested reappointment and one new request was received for appointment to the Board. Council Member Travis moved to appoint Ebo Entsuah in place of Carol Thayer;seconded by Council Member Bates.The motion passed with all members present voting aye. Council Member Bates moved to reappoint Max Kryzminski, Herb Smith, and Cuqui Whitehead; seconded by Council Member Travis. The motion passed with all members present voting aye. City Manager Gray stated Mark Vitek of the Police Pension Board asked for reappointment. Mark Vitek previously took over Les Booker's unexpired term and now would like to serve for a full term. Council Member Goodgame moved to appoint Mark Vitek;seconded by Council Member Travis.The motion passed with all members present voting aye. City Manager Gray stated some of the outside agencies also needed appointments. Council Member Goodgame requested to be removed as the primary position for the Metropolitan Planning Organization Governing Board and instead be placed as the alternate. Council Member Goodgame recommended Council Member Travis for the primary position of the Metropolitan Planning Organization Governing Board.Council Member Travis expressed agreement with Council Member Goodgame. City Manager Gray recommended to appoint Arts and Events Manager,Chris Dudeck,to take over Council Member Brishke's spot on the Lake County Arts and Cultural Alliance due to the date and times of the meetings. Council Member Brishke moved to appoint Chris Dudeck to the Lake County Arts and Cultural Alliance; seconded by Council Member Travis. The motion passed with all members present voting aye. City Manager Gray suggested naming Council Member Goodgame as the alternate for the Tourism Development Council.Council Member Goodgame expressed agreement with City Manager Gray. City Manager Gray stated Mayor Ash's term for the Lake Apopka Natural Gas Board is expiring this January,2019 and would need to be reappointed to continue to serve on the Board. Council Member Goodgame moved to reappoint Mayor Ash to the Lake Apopka Natural Gas Board; seconded by Council Member Brishke. The motion passed with all members present voting aye. Item No. 13—Resolution No.2018-56R,Clermont Charter Review Committee City Clerk Howe read Resolution No.2018-56R aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida,creating a Special Committee to review the City Charter and to be known as the Clermont Charter Review Committee; providing for the membership of the committee; appointment by the City Council and duties;providing for sunset of the committee and providing an effective date. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 City Manager Gray requested each Council Member to select one person to appoint in order to have a total of five members serve on the Charter Review Committee which will be led by the City Attorney and the City Manager.The Committee would review the charter and recommend any changes to the City Council. Any changes recommended and approved by the Council will have to be on a ballot for a vote. The recommendation is to meet with the committee in January,February and March then to present to Council in April with revisions and approvals received by Council by the end of May.The Supervisor of Elections requires all of the information by August for the General Election. City Attorney Mantzaris stated an Ordinance will have to be drafted containing the language for the ballot. In the past,the City has done one Ordinance containing different changes to the Charter with each change being a separate item on the ballot. However, it is not recommended to have too many changes to the Charter on one ballot as it may cause confusion. The suggestion is to allow the committee to look at the entire charter with the Council also reviewing the charter in their own time in order to provide any suggested areas for revision to the committee. City Manager Gray stated he will review the charter with Council for them to identify the areas to share with the committee. Council Member Bates recommended Ray SanFratello, former President of South Lake Chamber of Commerce. Council Member Goodgame recommended Jim Purvis. Mayor Ash recommended Cuqui Whitehead. Council Member Brishke recommended Larry Lennon. Council Member Travis recommended Stan Melnick. Council Member Bates moved to approve the stated names for the Charter Review Committee: seconded by Council Member Brishke. The motion passed with all members present voting aye. Council Member Bates moved to approve Resolution 2018-56R: seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 14—Fire Station No.2 Assistant City Manager Kinzler provided a report on Fire Station 102 on Hartwood Marsh Road which was constructed in 2002. The station was designed to house two pieces of apparatus and two firefighters. A history of the fire station and a list of the challenges of the station was reviewed along with the next steps going forward. City Manager Gray stated Fire Station No.2 needs to be moved up on the five-year plan and the matter will be discussed at a future workshop. Council Member Travis inquired about the Olympus project.City Manager Gray stated there will be another fire station for Olympus which could be a joint station with the County. Lee Shirah, 800 N. Highland Avenue, owner of the Hammock Ridge Apartments, expressed concern for possible traffic impacts and suggested working with Department of Transportation for a traffic light in order to move the Fire Department to the Arts and Recreation Center. Council Member Goodgame expressed support for a traffic signal by the Performing Arts Center. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 Damien Santana,9202 Bay Point Drive,President of Vista Clinical Diagnostics,stated he owns the 20-acre property directly in front of Kings Ridge and expressed support for the location to be used for a fire department. CLOSED SESSION Private pending litigation session with the City Manager and the City Attorney to discuss settlement and legal expense issues related to a pending litigation matter involving the City of Clermont's approval of a Conditional Use Permit for Summit Construction Group(Citrus Tower Charter School).This meeting is authorized and not open to the public in accordance with 286.011,F.S. Mayor Ash read aloud the following closed session statement: At this time the City Council meeting will be in recess for the Council to conduct a private pending litigation session as requested by the City Attorney and as authorized by section 286.011, Florida Statutes. The session is for the purpose of discussing settlement and expense strategy for pending litigation involving the appeal of the City's approval of a Conditional Use Permit for Summit Construction Management Group. The City Council,the City Manager,the City Attorney,and the City's litigation legal counsel handling the matter will attend the session.A court reporter will be present at the session and a transcript will be available after the conclusion of the litigation. The meeting will last approximately 30 minutes and the council meeting will resume thereafter at 8:30p.m. Mayor Ash recessed the meeting at 7:59pm. Mayor Ash reconvened the meeting at 8:31 pm Attorney Mantzaris stated the Council discussed the petition involving Danielle Marie Page in relation to the charter school's Conditional Use Permit approved at the meeting in October and requested Council's approval to prepare a response to the petition. Council Member Brishke moved to authorize Attorney Mantzaris to file a response; seconded by Council Member Travis.The motion passed with all members present voting aye. Item No. 15—Ordinance No.2019-01,Introduction,Lakeview Preserve City Clerk Howe read Ordinance No.2019-01 aloud by title only. An Ordinance under the Code of Ordinance 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. Council Member Bates moved to introduce Ordinance No. 2019-01;seconded by Council Member Goodgame.The motion passed with all members voting aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2018 ADJOURN: With no further comments,this meeting adjourned at 8:33pm. APPROVED: 44 �► /� _/7 . Gail L. Ash,Mayor ATTEST: Tracy Ackroyd Howe,City Clerk