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10-14-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 14, 2008 The Clermont City Council met in a regular meeting on Tuesday, October 14, 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 September 11, 18 and 23, 2008. Council Member Goodgame moved for approval of the Council meeting minutes of September 23 as written; seconded by Council Member Mullins. The motion passed with all members present voting "a, Council Member Goodgame moved for_pproval of the special meeting held September 18; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved for approval of the special meeting, held September 11; seconded by Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Cuqui Whitehead, 837 5"' Street, questioned sign holders located in the medians. City Attorney Mantzaris noted individuals standing in the right of way can be handled by law enforcement. The issue on public property waving signs is more difficult. Cities can pass ordinanc to ban the activity however is still in the courts. Mayor Turville and the City Council also expressed concern. Jim Purvis, 4206 Hammersmith Drive, expressed condolences in the loss of Assistant Fire Chief, April Hoover. He commended the Fire Department for their support of losing a member of their staff. Ann Dupee was present as a representative of the Clermont Downtown Partnership. The CRA District was created in 1996. Approximately 1'/2 years ago, the merchants in the downtown formed the Partnership. Ms. Dupee represented the Elks Lodge. In this short period of time, the Partnership researched and started the Farmers Market and installed directional signs. The City and the Partnership agreed to pay half for the directional sign poles. She presented the City with a check for half of the amount of which is $6,488.41. REPORTS City Manager Saunders scheduled two (2) meetings. The first meeting to discuss the Fire Department contract as a closed session and a Council workshop. Council scheduled the special meeting at 6:OOpm on Thursday, October 23 in the 3rd floor conference room. The workshop was scheduled for 6:30p.m. in the Council Chambers on Thursday, October 23. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 14, 2008 City Attorney Mantzaris - No Report. Council Member Hogan - No Report. Council Member Goodgame reported the Kern House is nearly complete. The dedication will be held on November 16 with a chicken lunch served from 1130a.m. to 1:30p.m. The dedication ceremony will be held at 1:30pm. Council Member Mullins reported on the League of Cities meeting last week. The program was the Lake County Economic Development Group. The League of Cities will be splitting the County into 3 geographic areas and each area will appoint a city representative to the economic advisory plan. We are in the south Lake County group along with Minneola, Groveland, Mascotte and Montverde. The representative will be appointed for 3 years and will rotate out. This Friday is the State of the County program at the Chamber meeting. Sunday, October 26 is the first anniversary of the Farmers Market. Council Member Berlinsky - No Report. Mayor Turville - No Report. 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 -Event Request Item No. 2 -Event Request Item No. 3 -Bid Award Item No. 4 -Bid Award Item No. 5 Resolution No. 1597 Multi-Sport Management Request use of Waterfront Park on Saturday, January 17, 2009 for the Central Florida Fitness Challenge Sommer Sports Request: 1) parking restrictions on portions of Third and Desoto Street on Sat. Oct. 25; 2) to allow alcoholic beverage to be served at Awards Ceremony Brunch on Sunday October 26; and 3) bike traffic be prohibited from East Avenue to 4`h Street during the Great Floridian Triathlon scheduled for Oct. 25 and 26 at Waterfront Park Request authorization to award bid for the Cemetery Decorative Privacy Wall to Mack Concrete Industries in the amount of $11,302.00 Request authorization to award bid for the Center Lake Decorative Fence Project to ABBOT Fence, Inc. in the amount of $37,847.00 Resolution to authorize execution of the Highway Landscape Construction and Maintenance Memorandum of Agreement with the Florida Department of Transportation. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 14, 2008 Item No. 6 -Surplus Equipment Request to surplus and donate animal control equipment to Lake County Animal Services Item No. 7 -Agreement Approval Item No. 8 -Purchase Approval Item No. 9 -BidAward Item No. 10 -Change Order #6 Item No. 11-Contract Approval Item No. I2 -Inland Groves Management Plan Item No. 13 -Coffee Table Book Request approval of the Inter-local Agreement with Lake County to provide Contractor Licensing and Regulation Services. Request approval of a price increase on the previously approved request to piggyback the City of Apopka Bio-solids contract Request authorization to award bid for Fire Station 3 to Marbek Construction in the amount of $1,590,000.00 Request approval of Change Order #6 for Fire Station lexpansion to allow Johnson Laux additional time to complete the project Request approval of an amendment to the agreement between the City and Code Enforcement attorney Valerie Fuchs Request approval of the agreement between the City and HHI Design for the Inland Groves Management Plan, Phase II Approval to purchase a one page ad in Lake and Sumter Counties Coffee Table Book Council Member Hogan requested to pull item 13; Assistant City Manager Gray requested pulling item 2 and Council Member Goodgame pulled item 4 and 5. Council Member Mullins moved for approval of consent agenda items 1, 3, 6, 7, 8, 9, 10, 11 and__121 seconded by Council Member Hogan. The motion passed with all members present voting "awe". Assistant City Manager Gray noted Mr. Sommers would like to delete request 2 to allow alcoholic beverage to be served at the Awards Ceremony Brunch on Sunday October 26. Council Member Mullins moved to approve item 2; seconded by Council Member Hogan. The motion passed with all members present voting "a, Council Member Goodgame questioned the proposed fence per item 4 and 5. City Manager Saunders stated staff bid a black fence because it matches the lampposts and fence at Waterfront Park. It stays in keeping with the Central Business District. It is basically the same fence but with a black finish. Council Member Mullins commented it would blend into the landscape better. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 14, 2008 Council Member Goodgame moved to have the fence be aluminum in color: seconded by Council Member Hogan. The motion failed 2 to 3 with Mayor Turville and Council Members Berlinsky and Mullins opposing_ Council Member Mullins moved to approve item 4 and 5 with black color fence; seconded by Council Member Berlinsky. The motion passed 4 to 1 with Council Member Good ag me opposing, Council Member Hogan questioned the expenditure of item 13 noting it is not in the budget. He asked who will sell the books. Council Member Berlinsky noted the books will be in next year's budget. City Manager Saunders stated it will print in August 2009 and will not be available until December 2009. Council Member Mullins suggested selling the books at the Farmers Market and Light up Clermont. Council Member Mullins moved to approve item 13; seconded by Council Member Goodgame. The motion passed 4 to 1 with Council Member Hogan opposing: UNFINISHED BUSINESS Resolution No. 1590 Mayor Turville read Resolution 1590 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, adopting and supporting regionally significant roads within the City of Clermont and the Lake County Joint Planning Area. Jim Hitt, Planning Director, presented the Resolution. In April this year, the list was supplied to Lake County for consideration and inclusion into their plan. Staff requested approval to show support of the roadway segment improvements that are, or will be needed, and to be included into the Metropolitan Planning Organization (MPO) list. Mayor Turville opened the public hearing. There will no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Resolution 1590; seconded by Council Member Goodgame. The motion passed with all members present voting "ate Ordinance No. 602-MFinal Hearing Mayor Turville read Ordinance 602-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Al Roznowski Services, providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 14, 2008 City Manager Saunders noted this is a standard garbage collection franchise agreement. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame pointed out that one of the items to be discussed at the workshop is to amend the hours the garbage collection agencies can operate. It will tie into this ordinance. Basically, it will stop the 4:OOa.m. collections that disturb the residents. Council Member Goodgame moved for approval of Ordinance 602-M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Variance Request -Kelly Planning Director Hitt presented the variance request for 402 W. Minnehaha Avenue. This is to allow for a front yard setback to be 25 feet rather than 35 feet in order to build a 16 foot by 21 foot covered deck on the side of their home. The proposed deck is almost 8 feet behind the front of the house. Staff recommended approval of the request. Applicant, Cheryl Hildebrand, was present on behalf of Florida Dock and the Kelly's requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Berlinsky moved for adoption of the variance; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Variance Request - JC Penney Planning Director Hitt presented the variance request to allow for an increase in the allowable square footage for a wall sign from a maximum allowable 200 square feet to 254 square feet. The applicant expressed concerns about visibility from both roads since outparcel buildings may soon block the view of the sign. Staff recommended denial of the request. The applicant was present from the sign installation company for the site which was hired by the sign manufacturer. She requested approval of the variance request. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, requested denial. Jim Purvis, 4206 Hammersmith, opposed the sign request. Mayor Turville closed the public hearing. Council Member Mullins moved for denial of the variance; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 14, 2008 Historic Depot Conceptual Plan City Manager Saunders requested Council give authority to Gatorsktch to move ahead. Council Member Goodgame motioned to move forward with the conceptual plan of the Depot; seconded by Council Member Mullins. The motion passed with all members present voting "a,~". Resolution No. 1573 Mayor Turville read Resolution 1573 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, related to the Clermont Municipal Cemetery, also known as Oak Hill Cemetery, amending the fee schedule, amending the rules, regulations and restrictions, providing for the repeal of all resolutions in conflict herewith and providing an effective date. City Manager Saunders stated this Resolution will increase the cemetery fees and establish fees for the Columbarium. All money collected goes into a perpetual care fund to be only used for maintenance care. Council Member Mullins moved to adopt Resolution 1573 with the effective date of November 1, 2008; seconded by Council Member Goodgame. The motion passed with all members present voting;_"a. Ordinance No. 603-M -This item was withdrawn from the agenda. Ordinance No. 604-Mlntroduction Mayor Turville read Ordinance 604-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 for introduction of Ordinance 604-M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 8:15pm. ATTEST: Tracy ckroyd, City Jerk ..~_._ _. APPROVED` ~"`~~~~ ~~ Harold S. Turville, Mayor Memorandum TO: Wayne Saunders, City Manager Jane Warren, Administrative Assistant ~j FROM: Preston Davis, Public Services Director ~~'l DATE: October 1, 2008 SUBJECT: Animal Control Equipment Request to surplus the listed animal control equipment and donate to Lake County Animal Services. Animal Control Equipment Inventory Traps: Large - 3 (with attachable wheels) Medium - 7 Small - 6 Ex- small - 4 Rat -1 Mouse - 2 Bird -1 Transfer Carriers: Medium - 6 Small - 7 Catch Poles: 4'-2 S' - 2 Nets: Extendable Pole - 2 Short Handled Pole - 2 Cast - 1 Truck Bed Cages: Large 9 compartment - 1 Sma115 compartment -1 Sma112 compartment -1 Snake Handling Equipment: Tongs - 2 Traps - 2 Hooks -1 Large 1-Medium Graspers: Cat-2 Travel Kennels: Large Plastic -1 Small Plastic - S Canvass -1 Metal Folding Medium -1 Metal Folding Large -1 Aquariums: 10 gal with pump, light hood & rocks -1 Cat Holding Cages: 3 level, 6 stalls on wheels - 1 Bowls & Pans: Water large plastic - S Various size stainless -14 Plastic auto feeder -1 Aluminum litter - 5 Aluminum fowl food pan -1 PPE: Expandable Bite Stick - 2 Scabbard - 2 Duty Belt - 1 Chemical Capture: Blow Gun -1 Pole Syringe - 1