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07-22-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 The Clermont City Council met in a regular meeting on Tuesday, July 22, 2008 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of July 8, 2008. Council Member Goodgame moved to approve the minutes of July 8 2008 as written• seconded by Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, questioned the status of the Center Lake fence and whether it is funded in the current year's budget. City Manager Saunders noted it is included in the current year budget and is awaiting permit issuance from the Department of Transportation (DOT). Staff is in the process of seeking quotes. A fountain is not in the budget for this year and did not include it in next year's budget. Nancy Fullerton questioned enforcing St. Johns regulations in an effort to oppose the request of Niagara Bottling Company. Mayor Turville noted St. Johns may not have the manpower to enforce rules but has the authority. They tie the approval of a Consumptive Use Permit to the inclusion of the rules. They have embodied the City with the jurisdiction by requiring us to adopt ordinances and perform based on their rule. Ms. Fullerton questioned making the water rules more or less stringent. City Attorney Mantzaris stated we are subject to the Districts conditions. City Attorney Mantzaris commented on receiving an email request from the Lake County Attorney suggesting there was an initial move to possibly ban together with the south lake cities and the county to address an appropriate response to their staff's recommendation and then eventually if the board does grant the permanent application to Niagara. At this point, the Council would only need to express an interest in exploring the opportunity to join the cities and the county to challenge the action of the board. If it does lead to litigation, there are specific lawyers that specialize in this and then the Council would have to decide to participate in hiring an outside Council with the other cities and county. This request is for direction to allow staff to pursue joining in the initial stage in the effort to challenge the District. Council Member Goodgame moved to make preparations to join the County with the necessarX legal actions against St Johns River Water Management District concerning Niagara; seconded by Council Member Berlinsk~ Council Member Mullins questioned if this includes spending money. This is only to determine what legal actions can be taken. The motion passed with all members present voting "aye" City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Jim Purvis, 4206 Hammersmith Drive, commented on the email received from County Attorney Minkoff. He suggested Council Member Hogan be directed to return to the Water Alliance and encourage them to join the City of Clermont and Lake County in a unified effort. Sharri and Ricky Range, 634 Bloxam Avenue, requested permission to use electricity and water for a community cook-out at McKinney Park on August 2"d City Manager Saunders advised Council they would need to approve use of the park on that date. Council Member Goodgame moved to allow them to use McKinney Park if available• seconded by Council Member Hogan. The motion passed with all members present voting "aye". Tim Murray, 574 E. Desoto Street, requested the City establish guidelines for use of the park. REPORTS City Manager Saunders - No Report. City Attorney Mantzaris - No Report. Council Member Hogan - No Report. Council Member Goodgame encouraged citizens to send letters to the Governor, Senators, and Legislators regarding the Niagara Bottling Company. A list of their contact information was available for anyone interested. The meeting recessed at 7:36pm; the meeting reconvened at 7:41pm. Council Member Goodgame made a motion to have staff write letters to each one and have the Mayor or Mayor and Council sign such letters noting the reasons we do not think it should be approved; seconded by Council Member Hoban. The motion passed with all members present voting "aye". Council Member Mullins - No report Council Member Berlinsky suggested posting a letter on the City website as a pdf document. 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 -Surplus Equipment Request to surplus vehicles from Police Department fleet Item No. 2 -Purchase Approval Request to purchase/replace current police department telephone system from Atlantic Technology in the amount of $10, 295.00 2 City of Clermont MINCITES REGULAR COUNCIL MEETING JULY 22, 2008 Item No. 3 -Resolution No. 1574 Subordination of Easement to DOT for Parcel 123.3 Item No. 4 -Resolution No. 1575 Subordination of Easement to DOT for Parcel 114.2 Item No. 5 -Resolution No. 1576 Subordination of Easement to DOT for Parcel 115.2 Item No. 6 -Resolution No. 1577 Subordination of Easement to DOT for Parcel 803.2 Item No. 7 -Resolution No. 1578 Subordination of Easement to DOT for Parcel 804.2 Item No. 8 -Resolution No. 1579 Subordination of Easement to DOT for Parcel 120.3 Item No. 9 -Resolution No. 1580 Subordination of Easement to DOT for Parcel 106.2 Item No. 10 -Resolution No. 1581 Subordination of Easement to DOT for Parcel 113.4 Item No. II -Resolution No. 1582 Subordination of Easement to DOT for Parcel 802.4 Item No. 12 -Resolution No. 1583 Subordination of Easement to DOT for Parcel 122.2 Item No. 13 -Resolution No. 1584 Subordination of Easement to DOT for Parcel 121.3 Item No. 14 -Resolution No. 1585 Subordination of Easement to DOT for Parcel 805.8 Council Member Goodgame moved to approve the consent a~,enda items 1 - 14• seconded by Council Member Mullins. The motion passed with all members present voting "a. UNFINISHED BUSINESS Ordinance No. 358-C Final Hearing Mayor Turville read Ordinance 358-C aloud by title only. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 An Ordinance of the City of Clermont, Florida, amending Chapter 2, "Administration", Article IV "Officers and Employees", Division 2 "City Manager" Section 2-126, "Revenue Appropriations", of the Code of Ordinances of Clermont, Florida, relating to the appropriation of revenues in excess of the budget and providing that the Council by Resolution may make supplemental appropriations; repealing all Ordinances in conflict herewith; providing for severability; and providing for an effective date. Administrative Services Director Van Zile advised this ordinance will revise the City Code to allow budget amendments to be adopted by resolution. Currently, the code requires amendments to be approved by ordinance and it is a conflict with Florida Statutes. Staff recommended Ordinance 358-C be approved. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 358-C• seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. Ordinance No. 360-C Final Hearing Mayor Turville read Ordinance 360-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 90 Concurrency Management, Article 1, in general, Section 90-6, Adopted Level of Service Standards; Section 90-7, Estimation of Demand for Proposed Development; providing for severability; providing for an effective date, and providing for publication. Jim Hitt, Planning Director, advised Council this ordinance will revise the City's Land Development Code relating to Adopted Level of Service and Estimation of Demand for Proposed Development as well as decrease level of service. This ordinance has a minor change related to Highway 27 and State Road 50 for the level of service changes to clarify the differences between the principal arterials in the city. The revised language was distributed to Council. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville asked if the ordinance represents a less or more stringent application of the management rules. Mr. Hitt replied it is more stringent regarding the review criteria. The number of trips that triggers the review criteria for a traffic impact study is 500 which no other city in Lake County has. It has been reviewed by the Metropolitan Planning Organization (MPO). This levels the playing field with the other cities by having all cities adopt the same methodology. The study methodology does have three (3) levels of review criteria. Also, it coincides with the proportionate fair share formula ordinance. Mayor Turville noted he was not comfortable with paragraph C City Manager Saunders advised it could be tabled. Council Member Mullins moved to table to the next meeting• seconded by Council Member Berlinsky. The motion passed 4 to 1 with Council Member Good ag me opposing- 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Resolution No.1572 The applicant requested this item be withdrawn. No action is necessary. Resolution No. 1573 The applicant requested this item be withdrawn. No action is necessary. NEW BUSINESS Resolution No. 1571 -James Wheeler A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church facility in the Central Business District. Curt Henschel, Planner, reported on the Conditional Use Permit (CUP) request to allow a church facility in the Central Business District. Staff recommended conditions be placed on the CUP not to exceed three (3) years. A time limit of three (3) years will give the church time to develop its congregation and expand out to a more accommodating location and building. Staff recommended approval of the request to allow a church at 830 W. Montrose Street. Applicant, James Wheeler, 540 Lake Sumner Drive, Groveland, was present requesting approval. Mayor Turville opened the public hearing. Cuqui Whitehead, 537 5"' Street, spoke in favor of the request. Mayor Turville closed the public hearing. Council Member Mullins voiced concern with parking on Sundays. The library parking lot is full from the Farmers Market. Mr. Henschel noted that area is not part of the library. There is a cross access agreement between the owners. Mayor Turville did not believe there would be an issue with parking. Council Member Berlinsky questioned a three (3) year limitation. Mr. Henschel stated that has been the history but are welcome to return to renew. Council Member Mullins moved adoption of Resolution 1571: seconded by Council Member Berlinsky. The motion passed with all members present voting "a. Variance Request -American Legion Curt Henschel, Planner, presented the variance request for a storage building and screen room to have a 5 foot side yard setback and a 10 foot rear yard setback. The building has been constructed but has been left unfinished until this variance matter has been settled. Staff is concerned with the residential house to the east of the project and recommended denial of the request. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Applicant, Gary Barrett, was present. He submitted a letter of support from the neighbors on the east side of the property stating there were no objections to the request. Cyril Wyatt, property owner to the east, spoke in favor of the request. Mayor Turville opened the public hearing. Sari Fernando, 1006 W. Desoto, questioned if this change would affect the zoning of the property. Mayor Turville advised this does not affect the zoning. Ms. Fernando voiced concern with trees near the barbeque and noted the spacing is tight. Larry, Real Time Development, is the builder submitting the permit. He noted the building is 12 foot 6 inches; it is 10 foot from the property line and the variance is only for 2 feet. Mayor Turville closed the public hearing. Mayor Turville asked Ms. Fernando if the noise is a bother to her as a neighbor. She replied that she does not hear the noise from the American Legion. Council Member Mullins suggested a landscape buffer to help with the noise. Mr. Henschel noted the applicant will go through the building review process. Council Member Goodgame moved acceptance of the variance for the American Legion item 2 on the basis that the storage shed on the south end of the property be moved into a location where it is in compliance with the city code and on approval of this the~will obtain proper permitting and inspection of the building; seconded by Council Member Hogan. The motion passed with all members present voting aye". The next two (2) items will be heard concurrently and voted on separately. Resolution No. 1570 -Jerry Jones Mayor Turville read Resolution 1570 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 the use of an automotive and truck repair service business in the C-1 Light Commercial District. Variance Request -Jerry Jones Jim Hitt, Planner, reported on the CUP and the variance requests. Staff recommended approval of the CUP and the variances requested. There was a letter received from Mr. Webber questioning the variances. Leonard Baird, Esq., was present on behalf of the owner. He thanked staff for working diligently with Mr. Jones on the proposed site. Mr. Jones requested the elimination or reduction of the wall requirement as he believes a landscape buffer would be better. There could be justification for a buffer along Chestnut Street in the rear because it is abutting residential zoning. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 If the wall requirement stands, he asked fora 6 foot PVC fence rather than a concrete wall. If Mr. Jones can save money on the masonry wall, he will devote a portion to repainting the existing building to make it look nice along with the rest of the site. Mayor Turville opened the public hearing. Cuqui Whitehead, 537 5`h Street, spoke in support of the improvements. Judy Proli, 1020 Everest Street, questioned previous non-compliance issues with city codes. Mayor Turville stated there was a code enforcement action that was dropped due to the way staff pursued the process. Then, Mr. Jones came forward with a redevelopment plan for the site. There has been a history of code enforcement problems and hopefully this is an opportunity to resolve those issues. Jim Purvis, 4206 Hammersmith Drive, spoke as a citizen on this issue. He questioned the improvements and noted the existing building will remain the same. The business does not fit on this location. Mayor Turville closed the public hearing. Mayor Turville believes the CUP represents an improvement. He gave a brief history of the property. Arthur Nix, Engineer, was present answering questions on behalf of the owner. Jerry Jones, 611 Highway 50, commented he would like to improve the look of the building. Mayor Turville suggested increasing the landscaping rather than a wall. City Attorney Mantzaris pointed out there is a provision in the CUP regarding noise issues. Council Member Mullins voiced concern with the parking variance. Mr. Hitt noted it is due to the spacing. City Manager Saunders added that staff is comfortable with his operation and parking spaces. Council discussed having the wall end at the building set back line. Mr. Jones prefers to have a 4 foot wall instead of 6 foot. Council Member Mullins remarked that would amend section 9 on page 3. City Manager Saunders clarified this will reflect the area shown on the amended drawing. Council Member Goodgame moved to change the wall height of the concrete block wall or masonry wall to 4 feet high across the south portion of the property along Chestnut Street up on each side to be equal until it reaches the building on both sides and the rest of the wall be eliminated for Resolution 1570• seconded by Council Member Mullins The motion passed with all members present voting "aye". Council Member Goodgame moved the variance items 1 through 6 as requested for this operation be approved as submitted: seconded by Council Member Mullins The motion passed with all members present voting "aye". Ciry of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Council Member Goodgame questioned the length of time he has to pull the permit and begin work. City Manager Saunders stated it is 6 months. Large Scale Comprehensive Plan Amendment -Transmittal Hearing Barbara Hollerand, Planner, noted the State requires staff to mention the comprehensive plan citizen courtesy information list form is available if anyone is interested in hearing at the end of the process when this amendment is final. Ms. Hollerand reported on the administrative request to transmit the proposed Public Schools Facilities Element and related changes to the Intergovernmental Coordination and Capital Improvements elements. The City has developed a Public Schools Facilities Element for its comprehensive plan in response to requirements of state legislation enacted in 2005. Senate Bill 360 calls for counties, municipalities and school boards to coordinate planning efforts to ensure that school capacity, at the adopted level of service standard, is available at the time of the impacts of development. The Lake County cities, the County and the School Board adopted an inter-local agreement in 2006 that provided a framework for establishing a level of service for public schools facilities and implementing school concurrency. Lake County was selected as a pilot community for the state's school concurrency initiative. Representatives from the Lake County municipalities have met regularly to develop a draft element and related documents. Recently, the City of Mount Dora transmitted its Public Schools Facilities Element and related data and analysis to the Department of Community Affairs (DCA) for review, becoming the first city in Lake County to do so. DCA provided comments to Mount Dora that have formed the basis for other Lake cities' draft elements. The City of Clermont's Public Schools Facilities Element incorporates the language and data and analysis outlined by DCA in its review of Mount Dora's element. Additions and edits to the City's Intergovernmental Coordination and Capital Improvements elements are also included with the proposed transmittal package. These new policies and changes to existing policies refer back to the Public Schools Facilities Element and the inter-local agreement. The level of service for public schools facilities is included in the Capital Improvements Element as well as a reference to Lake County Schools' adopted 2008-2012 Capital Improvement Program -Five Year Facilities Master Plan, which includes its capital improvements program and summary of estimated revenue. Barbara notified Council of a change to the proposed amendment since the Planning & Zoning Commission meeting. Under the Capital Improvements Element, staff moved the references to both the 5- year Facilities Master Plan for the school district as well as the reference to the 5-year schedule of improvements for the Lake-Sumter MPO from the table area of the Capital Improvements Element to its policy section. Staff renumbered the existing policy that adopts the City's 5-year schedule of improvements. Upon Council approval, this proposed element would be transmitted for review by DCA, Lake County and the five reviewing agencies. It should return to City Council for adoption in the fall. The Planning & Zoning Commission at its meeting July 1 recommended approval of this item. Staff recommended approval of the Public Schools Facilities Element and the changes to the Goals, Objectives and Policies of the Intergovernmental Coordination and Capital Improvements elements. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Council Member Goodgame moved approval of the comprehensive plan amendment transmittal; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Large Scale Comprehensive Plan Amendment -Transmittal Hearing Barbara Hollerand, Planner, presented the administrative amendment, which is the City's last amendment for the 2008 calendar year, affects four different elements in the City's adopted comprehensive plan. The changes update the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements to reflect a change in the level of service for S.R. 50 from level of service "C" to level of service "D." Additionally, changes to these elements have been made that reference the City's participation in the Lake-Sumter MPO's Transportation Concurrency Management System and the City's adoption of the MPO's traffic study methodology. The municipalities in Lake County have been working with the MPO board and staff during the last several years to streamline the transportation planning process and to bring consistency in transportation planning practices and methodologies. The MPO's newly adopted Transportation Concurrency Management System (TOMS) has been the collaborative effort of planners in local government throughout the County. Using a consistent traffic study methodology, the County-wide TCMS will enable local governments to account for the cumulative impacts of adding new vehicle trips from all proposed developments to the road network. Additionally, the use of a uniform TCMS facilitates the determination of Transportation Proportionate Fair Share for new developments, which are required to mitigate for the impacts of the additional traffic their developments bring to the road network. At its current level of service of "C", the City's segment of S.R. 50 was inconsistent with the level of service for S.R. 50 established by the Florida DOT, which uses a LOS "D." FDOT's policy is that Level of Service "D" is an appropriate level of service in urbanized areas such as Clermont, while Level of Service "C" is appropriate for rural segments of state roads. An inconsistency between the level of service the City has set for S.R. 50 and the level of service FDOT has set for the road could be problematic for funding future improvements. To maintain S.R. 50 as a Level of Service "C" would be the City's responsibility, since FDOT has determined that a Level of Service "D" is acceptable. She noted staff originally proposed to change the level of service for U.S. 27 from level of service "C" to "D" to maintain consistency between the City's two "major arterial" roads. However, because U.S. 27 is part of the state's Strategic Intra-modal System (which is commonly referred to as "SIS"), U.S. 27's level of service is set by the Florida DOT and will remain at Level of Service "C." It is appropriate to add additional policies to these four elements that reference the TCMS and further regional transportation planning efforts. The Planning & Zoning Commission at its meeting July 1 recommended approval of this item. Staff recommended approval of the text changes to the Goals, Objectives and Policies of the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Council Member Goodgame moved for the DCA 08-2 comprehensive plan amendment transmittal• seconded by Council Member Mullins. The motion passed with all members present voting "a,~e". Millage Rate The City must inform the Tax Collector's Office of the proposed millage rate for next year and the dates for our public hearings for adoption of the millage and budgets. The proposed budget is based on maintaining our current millage rate of 3.142. The public hearing dates will be Thursday, September 11 and Thursday, September 18 at 7:OOpm in the Council Chambers at City Hall. Council Member Goodgame proposed raising the millage rate to 3.2576. That amount will give the City an additional $267,178 of revenue which is an average of $23.12 per home. The savings per household from Amendment 1 will still be $187.45 per house. He explained the reason for an increase would help fund a library and other unfunded projects. Council Member Goodgame moved to raise the millage rate to 3.2576; seconded by Council Member Hogan. Mayor Turville spoke in opposition to the proposed millage rate increase. The budget presented by staff deals with the needs of our employees as well as this community in a prudent manner. City Manager Saunders stated there is uncertainty on the projected revenues. Staff presented a budget that is acceptable to work with although it is minimal. Departments will have to continually monitor their budgets throughout the year. Mayor Turville noted the City has $9 million in reserves. Council Member Berlinsky noted citizens are suffering financially and agreed to keep the current millage. Council Member Hogan prefers to maintain the same millage rate. Council Member Mullins agreed to stay with the 3.142 millage rate. Cuqui Whitehead, 837 5`h Street, spoke in opposition to raising taxes. Jim Purvis, 4206 Hammersmith Drive, questioned the employee pay increase in the budget. Administrative Services Director Joe Van Zile explained the proposed pay increases for employees. The motion failed 1 to 4 with Council Member Goodgame favoring the motion. Council Member Mullins moved to advertise the millage rate of 3.142; seconded bX Council Member Berlinsky. The motion passed 4 to 1 with Council Member Goodgame opposing. 10 ~. Council Appointment City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 22, 2008 Welton Cadwell, Chairman of the Lake County Board of County Commissioners, requested the City appoint a representative to the Lake County Arts and Cultural Alliance. Council Member Mullins currently serves as the city representative to the Arts Alliance. Council Member Good_game moved to appoint Keith Mullins• seconded by Council Member Hoban The motion passed with all members present voting "aye". Scott Tufts was recommended for the Police Officers Pension Board and Paul Anderson for the Firefighters Pension Board. Council Member Mullins moved that Scott Tufts for the Police Officers and Paul Anderson for the Firefighters Pension Board be appointed to those respective boards; seconded by Council Member Berlinsk~. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 10:20pm. APPROVED: Harold S. Turville, Mayor ATTEST: ~,, ~ ~` ~f .~.~ Tracy ~ckroyd, City Clerk 11 CITI' OF CLERMONT, FLORIDA INTER-OFFICE MEMORANDUM TO: Wayne Saunders, DATE: 07/08/2008 FILE: City 1Vlanager i SUBJECT: Surplus Items FROM: Steve Graham, REFERENCES: surplus vehicles Police Chief ENCLOSURES: I would like to remove these vehicles from the police fleet and declare them as surplus: l.) 2003 Chevrolet Impala: #2128, VIN-2GIWFSSK83924SS97. This vehicle has 117,791 miles and is in poor condition 2.) 2004 Ford Crown Victoria: #2132, VIN-2FAFP71W74X129562. This vehicle has 116,958 miles and is in poor condition. 3.) 2004 Ford Crown Victoria: #2133, VIN-2FAFP71W34X129S60. This vehicle has 1SS,755 miles and is in poor condition. 4.) 2004 Ford Crown Victoria: #2136, VIN-2FAFP71W54X129561. This vehicle has 148,709 miles and is in poor condition.