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12-09-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 9, 2008 The Clermont City Council met in a regular meeting on Tuesday, December 9, 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 Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Rev. Duane Zoeller gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of November I2, 2008. Council Member Goodgame made a correction to page 1 of the minutes. Council Member Mullins amended Damu Cherry's name and Council Member Goodgame added the date of the South Lake Historical event on November 16. Council Member Goodgame moved appraval of the minutes as amended• seconded by Council Member Mullins. The motion passed with all members present voting "aye" PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, thanked the City for cooperating in the Lions Club spaghetti dinner. He also complimented the City on the holiday decorations. Cuqui Whitehead, 837 5`h Street, thanked the City for the Light up Clermont festivities and noted staff did a great job of clean up. Bob Bowman Downtown Partnership also complimented the City. He thanked the City of Clermont for partnering with the Downtown Partnership with placement of signs on the poles. Louise Stockton thanked the City from the South Lake Historical Society in regards to the Kern House. Mayor Turville presented a plaque to Delores Walker and Louise Stockton for their community service to the South Lake Historical Society. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan stated he is proud to be a member of this community. Council Member Goodgame stated the Methodist church expansion has been completed. He suggested the City consider a no smoking policy for city property including parks and parking lots. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 9, 2008 Council Member Goodgame made a motion to move forward with a no smokingpolicy in the City parks, parking lots and buildings• seconded by Council Member Mullins Mayor Turville suggested this request be placed on an upcoming agenda. City Attorney Mantzaris stated a document would have to be drafted to bring before council for consideration to take final action on it. The motion passed with all members present voting "aye" Council Member Mullins noted staff did a great job of organizing and keeping the crowd under control for the Light up Clermont events. Council Member Thompson thanked the South Lake Historical Society members for putting in so many hours. Mr. Thompson noted he met with Shelly Weidenhamer, the new representative for Metro Orlando Economic Development Council for Lake County. Clermont is one of her target areas that she would like to be active in. Mayor Turville thanked staff on behalf of the City Council for the angel tree. He also thanked Clermont Dodge for providing automobiles for the Council Members to ride in during the parade. 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. Plat Approval Approval of the University Village Plat, a commercial subdivision Utility Agreement Elevator Maintenance Contract Jenkins Roof Bid Award Greater Hills Water Treatment Plant Collective Bargaining Agreement Request approval of the Utility Upsize Agreement between the City and BFG Lakeshore, LTD for Terrace Pointe Development located at the intersection of Hartle Road and Hwy 50 Requestrenewal of the contact with KONE, Inc. for the maintenance of the City Hall elevator Request authorization to award bid for the roofing in the amount of $8,965.00 Request approval of Change Order No.2 for the Greater Hills Water Treatment Plant to Prime Construction in the amount of $30,150.12 Request approval of the Collective Bargaining Agreement with the International Union of Police Association, AFL-CIO, Clermont Police Officers Loca16013 2 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 9, 2008 Equal Employment Opportunity Plan Request approval of the updated City of Clermont's Equal Employment Opportunity Plan Council Appointment Cancellation of Council Meeting Appointment to the Metropolitan Planning Organization (MPO) -Appoint Susy Gibson to the Citizens Advisory Committee Request authorization to cancel the December 23rd Council Meeting Council Member Hogan pulled item 6 from the agenda and Council Member Goodgame pulled item 8. Council Member Mullins moved approval of the consent agenda items 1 2 3 4 5 7 and 9; seconded by Council Member Goodgame The motion passed with all members present voting "aye". Council Member Hogan asked City Manager Saunders to elaborate on item 6. City Manager Saunders noted they were able to put together a good union contract that addressed the issues and compensation well. He thanked Administrative Services Director Joe Van Zile and Jeremy Kevitt. Council Member Hogan moved for approval of item 6• seconded by Council Member Goodgame. The motion passed with all members present voting_"aye" Council Member Goodgame recognized Susy Gibson as the appointment to the MPO Committee. Council Member Goodgame moved for adoption of item 8• seconded by Council Member Mullins. The motion passed with all members present voting, "aye" JPA Review -Magnolia Center This item has been requested to be postponed to January. Council Member Goodgame moved item 12 be postponed to January 13• seconded bv_ Council Member Mullins. The motion passed with all members present voting "aye" NEW BUSINESS Variance Request -Golden Corral Curt Henschel, Planner, presented the variance request to allow for the right of way buffer to be planted without understory trees and canopy trees. The applicant provided an easement to Progress Energy to relocate large transmission lines out of the current right of way and onto the applicant's property. The easement is located in the same area as the required landscape buffer. Within the easement, Progress Energy has regulations as to what type of plants and trees may be planted. As a general rule, any tree that has a mature height of 12 feet or greater is prohibited within the easement. This rule eliminates all canopy trees and understory trees that are required. The applicant is proposing to plant a form of magnolia tree within this area that will be a low growing tree that is approved by Progress Energy. It is called an Ash Magnolia. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 9, 2008 Applicant, Arthur Nix, was present as well as Doug Dannen representing Golden Corral requesting approval of the variance request. Mayor Turville opened the public hearing. Cuqui Whitehead noted the Council would not be setting a precedent if approved as this is because of Progress Energy. Susy Gibson, 12310 Sunshine Drive, questioned placement of trees. Mayor Turville stated Progress Energy knows the types of trees to recommend. Mayor Turville closed the public hearing. Curt Henschel, Planner, stated there will be a row of shrubs as required by code and will work with the applicant to disburse the trees to carry an effective buffer. Those trees are proven not to grow to a height greater than 12 feet to disturb the power lines. Council Member Mullins moved to grant the variance• seconded by Council Member Goodgame. The motion passed with all members present voting "aye" Banner Sign Request Ray Vilegas of the South Lake Chamber of Commerce requested permission to display "It pays to Shop South Lake" banners for a banner program. The initiative began this summer by the Chamber encouraging both residents and business owners of the South Lake County area to patronize local merchants so that tax dollars help the local economy. A committee was formed to promote this initiative and to coordinate the establishment of a presence at local events by passing out literature explaining the concept to local residents. Other cities and areas around South Lake are also being approached to implement this banner program. The committee requested aid in putting up and taking down the banners from the telephone/light poles within the city limits. He requested a partnership with the city to replace the holiday banners with the "It Pays to Shop South Lake" banners. There will be 54 banners. Sponsorship for the banners would be offered to all South Lake businesses at a cost of $200 per banner. The committee will offer the City free banners in exchange for the aid requested. The banners will be displayed for 90 days and requested aid in removal of the banners. Mayor Turville opened the public hearing. Bob Peraza, 2322 Fenton Avenue, noted the businesses have to provide what the consumers want. Jim Purvis was in support of the concept however noted this is an off-site sign and defies an existing ordinance. Cuqui Whitehead stated this is not a permanent sign. She supported the request Susy Gibson encouraged the community to shop locally. Mayor Turville closed the public hearing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 9, 2008 City Manager Saunders commented staff was first concerned it could be considered an off-site sign. He asked the City Attorney if the chamber had to obtain approval through the variance procedure in order for the council to approve this request. The City Attorney's opinion is the City Council could approve this type of a project the city would be involved in and apart of without going through the variance process and could be done with Council approval. That is the reason staff did not ask the chamber to follow through with the variance procedure. Council Member Mullins stated the City Council can grant a permit for a good cause for a sponsorship. The idea is to implement this in all the cities including the Four Corners area as a sponsored program. Council Member Goodeame moved to approve the banner sign request and the Chamber will work with the city in removin the signs to help minimize the cost the city will incur taken the signs down. Mayor Turville understood the intent of the motion is this is a temporary arrangement to move forward and see how it performs and will review at a later time. The motion was seconded by Council Member Thompson as clarified by Mayor Turville The motion passed with all members present voting "aye" Ordinance No. 606-M Introduction Mayor Turville read Ordinance 606-M aloud by title only. An Ordinance of the City of Clermont, 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 Mullins moved introduction of Ordinance 606-M• seconded b Council Member Goodname. The motion passed with all members present voting "a. Ordinance No. 607-M Introduction Mayor Turville read Ordinance 607-M 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, providing for an effective date and providing for publication. Council Member Mullins moved introduction of Ordinance 607-M• seconded b Council Member Goodeame The motion passed with all members present voting "aye" 5 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 9, 2008 ADJOURN: With no further comments, this meeting was adjourned at 8:10pm. APPROVED: arold S. Turville, Mayor ATTEST: r !/ '~' ~ `' Tracy Ackroyd, City Clerk ., 6