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11-14-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2006 Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Renick (Outgoing), Berlinsky (Incoming) and Hogan. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PRESENTATION Members of the public, City Manager Saunders and the City Council expressed their appreciation to Council Member Renick for six (6) years of dedicated service to the City of Clermont as a Council Member. Mayor Turville recognized Mrs. Renick with a plaque from the City of Clermont. Council Member Renick thanked the community, staff and the City Council for their support. City Clerk Ackroyd administered the Oath of Office to Council Member Hogan (Seat I), Mayor Turville (Seat III), and Council Member Berlinsky (Seat V). PUBLIC COMMENTS Carla Wood requested the Council uphold city codes related to chickens in her neighbors backyard. City Manager Saunders commented that a code case has been filed and is scheduled to be heard by the Code Enforcement Board in January. Allen Sherrod, Groveland Council Member, asked the Council if they were interested in an airport authority. Mayor Turville requested he communicate with City staff. REPORTS City Manager Saunders stated the next step in the process of the police union is to meet with Council. A meeting was scheduled for Monday, November 20 at 6:30pm to update the Council on the contract. It is closed to the public since it is a union negotiation. City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame commented the City will be receiving the Florida League of Cities report within the next 2 to 3 weeks regarding the computer evaluation. He noted that City Manager Saunders will discuss with each Council Member. Council Member Mullins - No Report Council Member Berlinsky - No Report Mayor Turville announced he accepted a check in St. Augustine from the Department of Community Affairs (DCA) in the amount of $700,000 for a storm water project. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2006 • CONSENT AGENDA Mayor Turville 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 -Open Air Sales & Tent Permit Request for an Open Air Sales & Tent Permit to sell Christmas Trees (First United Methodist Church) from November 25 -December 9"' located at the SE corner of Hwy 50 and 7"' Street Item No. 2 -Purchase Approval Item No. 3 -Budget Amendment Item No. 4 -Equipment Surplus Request approval to purchase Public Services vehicles included in the 2006-07 Budget Request an amendment to the 2006-07 Budget in the amount of $1943 to finish interior office space located on the 2"d floor of City Hall Request approval to surplus Police Department equipment Council Member Goodgame moved to atiyrove the consent agenda items; seconded by Council Member Mullins The motion passed with all members present voting "aye ". NEW BUSINESS • Lien Forgiveness City Manager Saunders provided information on the lien for 611 Scott Street in the amount of $1,770.00. The Code Enforcement Board recommended the Clermont City Council forgive the lien in its entirety. The new owners are Gillian and Lyndon Alleyne; they were not aware of the lien until after purchasing the property. Mayor Turville opened the public hearing. Jim Purvis, Chairman of the Code Enforcement Board, noted the owners showed compliance. Mayor Turville closed the public hearing. Council Member Goodgame moved to forgive the lien on 611 Scott Street; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Property Transfer Request Darren Gray, Assistant City Manager, reported on the request of Banyan Construction to provide right of way to widen Max Hooks Road which will provide a second entrance to their new development. The right of way requested would come from the City's spray field which serves as the disposal site for the West Wastewater Treatment Plant effluent. According to the Florida Department of Environmental Protection, the reduction of the width of the spray field would not adversely affect its use since the area • impacted would be the buffer between the spray field and the proposed road. Other issues regarding this 2 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2006 • request include the location of the pump house, the monitoring wells and the spray heads along the affected area. If the City Council wanted to move forward by transferring or selling city property to Lake County, then the applicant must provide survey data showing the location of these items in relation to the new right of way. In the event that any of these facilities are adversely affected, the applicant must provide a plan of action that is acceptable to the City and to the Florida Department of Environmental ', Protection to either relocate or protect the facilities from the proposed use. Per Lake County standards, a total of 66 feet is needed to construct a typical rural road section. To meet this requirement, the applicant is requesting the City of Clermont dedicate 54 feet of right of way on the majority of the property and 29 feet on the northern portion. This equates to 2.54 acres or 2,100 feet in length to be dedicated to Lake County. Applicant, Aaron Mercer with BESH Engineering, provided a history of the project. He noted Lake County Public Works has endorsed the project. At this time, he is looking for a consensus for a donation. Frank Gammon, Banyan Construction, was present and stated he has met with City staff and Lake County. Mayor Turville opened the public hearing. Allen 5herrod, Groveland Council Member, stated he would like to see the project move forward. Mayor Turville closed the public hearing. Mayor Turville expressed uncertainty with donating. • City Manager Saunders reported the item is on the agenda to ask if there is an interest from Council in donating the parcel of land requested. He noted, from staffs perspective, issues could be worked out if not detrimental to the spray field. Mr. Gammon remarked the first step is to identify what is in the right of way. Mayor Turville suggested Mr. Gammon spend money to figure the cost and land worth. City Attorney Mantzaris advised Council they can only reach a consensus as a Council at this time; a motion is not necessary. The majority of the Council expressed an interest in receiving more information. Mr. Gammon remarked he would return to a future Council meeting. Utility Agreement -Lake County School Board Darren Gray, Assistant City Manager, briefed Council on the request. for water and sewer service to a proposed middle school. The applicant is Kilma Weeks Civil Engineering. The property is located west of Hancock Road and south of Hook Street; across from East Ridge High School. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The project will therefore be developed pursuant to the utilities service agreement. . The applicant was present to request approval from the Council. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2006 • Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins mentioned the owners information was incorrect on page three (3) of the agreement. Staff noted the error and will make the necessary amendments. Council Member Mullins moved acceptance of the Utility Agreement with Lake County School Board• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance No. 568-M (Introduction) Mayor Turville read Ordinance 568-M aloud by title only. AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT CHANGE TO ALLOWABLE USES IN UNDEVELOPED DISTRICT 5 AND A CORRESPONDING MAP CHANGE (BLACK WEST); ADOPTING A MAP CHANGE TO UNDEVELOPED DISTRICT 2 (THEATER MANAGEMENT INC.) AND A RELATED TEXT CHANGE LIMITING INTENSITY; ADOPTING A MAP CHANGE TO ESTABLISHED RESIDENTIAL DISTRICT 4 (INLAND GROVES); ADOPTING TEXT CHANGES TO ALLOWABLE USES IN ESTABLISHED BUSINESS • DISTRICT 1 AND NON-ESTABLISHED DISTRICT 1; ADOPTING TEXT CHANGES TO THE GOALS, OBJECTIVES AND POLICIES OF 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. Barbara Hollerand, Planner, explained there were 6 items transmitted however only 4 are being considered for approval. Items 5 and 6 were removed due to the State having issues with those items and staff could not make the changes in a timely manner. Council Member Mullins moved introduction of Ordinance 568-M; seconded by Council_ Member Goodgame. The motion passed with all members present voting "aye ". Ordinance No. 570-M (Introduction) Mayor Turville read Ordinance 570-M aloud by title only. AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR • SEVERABILITY; AND PROVIDING FOR PUBLICATION. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2006 • Council Member Mullins moved introduction ~ Ordinance 570-M• seconded by Council Member Goodgame The motion passed with all members present votin,~"_aye ". Ordinance No. 352-C (Introduction) Mayor Turville read Ordinance 352-C aloud by title only. AN ORDINANCE OF THE CITY OF CLERMONT AMENDING CHAPTER 90 "CONCURRENCY MANAGEMENT" OF THE CITY CODE BY IDENTIFYING EXISTING SECTION 90-1 THROUGH 90-11 AS ARTICLE I "IN GENERAL" AND BY CREATING ARTICLE II "TRANSPORTATION PROPORTIONATE FAIR SHARE", SECTIONS90-16 THROUGH 90-25; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ', Council Member Mullins moved introduction of Ordinance 352-C• seconded by Council Member Goodgame The motion passed with all members present voting "ave ". Ordinance No. 353-C (Introduction) Mayor Turville read Ordinance 353-C aloud by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT • AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CITY CODE BY AMENDING SECTION 2-212, "COUNSEL NAMED" PROVIDING THAT THE CITY ATTORNEY SHALL REPRESENT THE CITY STAFF BEFORE THE CODE ENFORCEMENT BOARD, PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICT AND EFFECTIVE DATE. Council Member Mullins moved introduction o~ Ordinance 353-C; seconded by Council Member Goodgame. The motion passed with all members present voting <`Rye ". Ordinance No. 354-C (Introduction) Mayor Turville read Ordinance 354-C aloud by title only. AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA PERTAINING TO ENFORCEMENT OF CODES AMENDING CHAPTER 2, ARTICLE V OF THE CITY CODE, DELETING THE REFERENCE TO DIVISION 3, "ENFORCEMENT PROCEDURE" CREATING DIVISION 3, "CODE ENFORCEMENT CITATIONS" AND SECTIONS 2-241, ET. SEQUEL, PROVIDING FOR A SUPPLEMENTAL METHOD OF ENFORCING CITY CODES; PROVIDING AUTHORIZATION, APPLICABILITY, AND DESIGNATION, TRAINING AND QUALIFICATIONS OF CODE ENFORCEMENT OFFICERS; PROVIDING PROCEDURES FOR INVESTIGATIONS OF VIOLATIONS AND ISSUANCE OF CITATIONS; PROVIDING SCHEDULE OF VIOLATIONS AND CIVIL PENALTIES; PROVIDING PROCEDURES FOR PAYMENT OR COURT HEARING FOR • City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2006 • CONTEST OF CITATIONS; PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. Council Member Goodgame moved introduction of Ordinance 354-C; seconded by Council Member Berlinsk~ The motion passed with all members present voting "aye ". Council Appointment Council Member Goodgame requested reappointment to the Tourism Development Council. Council Member Homan moved to appoint Council Member Ray Goodgame to the Tourism Development Council • seconded b~ Council Member Mullins. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 8:27pm. APPROVED: arold S. Turville, Mayor C, 6 ATTFCT~ TO: • FROM: Wayne Saunders, City Manager Steve Graham, Police Chief CITY OF CLERMONT, FLORIDA INTER-OFFICE MEMORANDUM DATE: 10131/2006 SUBJECT: Surplus Items ~ REFERENCES: Bullet-Proof Vests ENCLOSURES: FILE: We have twenty-one (21) bullet-proof vests that are no longer in use. These vests have expired and can no longer be used. I am requesting to surplus these items for disposal. • •