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06-12-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 12, 2012 The Clermont City Council met in a regular meeting on Tuesday, June 12, 2012 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Hogan and VanWagner. Other City officials present were: City Manager Saunders, City Attorney Mantzans and Deputy City Clerk Noak. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Approval of Minutes for May 22, 2012 Council Meeting Council Member Mullins moved for approval of the May 22, 2012 Council meeting minutes; seconded by Council Member Hogan. The motion passed with all members present voting aye. PROCLAMATIONS Mayor Turville read the Canbbean Amencan Heritage Month proclamation aloud, declanng June as Canbbean American Hentage Month. PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street, invited all to attend the Caribbean Festival Fred Rose, 1014 Willow Oak Loop, stated the festival will be held at the Family Christian Center on June 23, 2012 from 12 noon until 9pm. Kimberly Meintzschel distributed documents to Council regarding an employee's application. The following spoke expressing concern with staff and requested the removal of the City Manager and the suspension of the Police Chief and a Police Lieutenant: Kimberly Meintzschel, Charlene Fourth, 939 West Desoto Street, and Allison Auld. REPORTS City Manager Saunders reported on the Clermont City Council election qualifying results. Seat 1: Timothy Bates, Tim Murry, Thomas Spencer and Cuqui Whitehead qualified. Seat 3: Harold S. Turville, Jr. qualified unopposed. Seat 5: Rick VanWagner qualified unopposed. There will be a Primary Election on Tuesday, August 14, 2012 for Seat 1. Should no candidate receive a majonty vote; there will be a General Election held on Tuesday, November 6, 2012. Additionally, City Manager Saunders commented there was a new polling location; Precinct No. 89, at Hentage Hills. City Manager Saunders requested Council schedule a workshop for 6pm on June 27 or June 28, 2012. Council agreed on June 28, 2012 at 6pm. City Attorney Mantzans — No report 1 City'of Clermont MINUTES REGULAR COUNCIL MEETING June 12, 2012 Council Member Hogan reported he was not running for re- election. Council Member Mullins — No report Council Member VanWagner requested City Manager Saunders look into the documents provided by Ms. Meintzschel. Additionally, Council Member VanWagner descnbed his visit to the water park feature in Winter Garden and commented on the need for the City to provide a similar facility. 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 Request to host a Poker Run stop as part of Clermont Downtown Partnership HOG Rally event on Wednesday, October 31, 2012 from 5:OOpm to 9 Item No. 2 — Bid Award Request authorization to award Traffic Public Services Control Devices, Inc. the bid for Fire Station #1 Mast Arm Traffic Signal Repair for $10,757.25. Item No: 3 — Approval Request Request approval of invoice from Bnght Engineering Department House to relocate overhead utilities to underground as part of the Streetscape improvements for a total of $57,987.59. Item No. 4 — Change Order No. 2 Approval Request approval of a change order to Engineering Department BESH's contract for designing and permitting utility relocations within the FDOT right -of- way for a total of $11,320.00. Item No. S — Approval Request Request approval to contract with Tetra Tech Engineering Department to supply matenals testing for the Clermont Community Center and associated Streetscape improvements for a total of $7,630.00. Item No. 6 — Scope of Services Request authorization for Tetra Tech to Engineering Department perform! professional surveying services for the Westside WTP/Fourth Street Well Raw Water Main for an amount not to exceed $18, 281.00. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 12, 2012 Item No. 7 — Scope of Services Request approval of Task Order #3 with Engineering Department AECOM to perform professional engineering services and construction phase services to satisfy the conditions of our Consumption ' Use Permit. Item No.8 — Resolution No. 2012 -16 Requesting authorization to amend the City's Administrative Services adopted budget for Fiscal Year 2011 -12. Jim Purvis, 4206 Hammersmith Drive, requested Item No. 2 be pulled from the consent agenda. City Manager Saunders stated staff was withdrawing Item No. 2 from the agenda. Council Member Mullins moved for approval of the amended Consent Agenda; seconded by Council Member VanWagner. The motion passed with all members present voting aye. NEW BUSINESS Item No. 9 — Variance Request Tom and Kathy Odom City Attorney Mantzans commented that, due to only four members of Council being present, the applicant has the opportunity to not have their matter heard until there is a full Council. The unique situation could create a two -to -two vote; which is a denial, and the applicant could not come back for a year Mayor Turville inquired if the applicant wished to continue with the request. Tom Odom agreed to continue with the request Principal Planner Henschel presented the request for a variance to allow for the permanent removal of two canopy trees; replacing them with pine trees instead of canopy trees. One tree is causing foundation issues with the driveway and another is crowding out the front yard area. Staff recommended denial. Tom Odom, owner, stated the three trees were placed in the front of the property due to utility easements, drainage easements, and a retaining wall in the rear of the property. He wishes to have a Flonda - friendly landscape and sought for scrub hickory trees meeting the City's size criteria; however is unable to locate scrub hickory trees meeting the City's requirements. He would like to replace the trees with pine trees. Mayor Turville opened the public hearing. . Cuqui Whitehead, 837 5 Street, spoke in favor of the vanance request. Kathy Odom, owner, stated they received verbal approval from the Summit Greens Architectural Review Board Tim Murry, 574 East DeSoto Street, spoke in favor of the vanance request. Mayor Turville closed the public heanng. 3 City of Clermont MINUTES • REGULAR COUNCIL MEETING June 12, 2012 Council Member Hogan moved for approval; seconded by Council Member Mullins The motion passed with all members present voting aye. Item No. 10 — Impact Fee Refund Headquarter Honda City Manager Saunders stated when Headquarter Honda pulled the permits for the new dealership they were not in agreement with the calculation of the impact fees. City Code provides for a special study in the event someone does not agree with an impact fee calculation; however the Code requires the study be done prior to pulling permits and paying the impact fees. Headquarter Honda wanted to move forward with the project and paid the fees; however they issued a letter of protest at the same time. Several months ago Headquarter Honda submitted a special study regarding the impact fees. Staff reviewed the study and agreed the fees were higher than they should have been. Staff recommended approval of a refund m the amount of $102,497.35. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public hearing. Jimmy Crawford, representing Headquarter Honda, was available to answer any questions. City Attorney Mantzans stated the issue is; in order for the impact fees to remain enforceable in the future, the fees must always be just and equitable. In order to preserve the City's impact fees, a refund is justified. Council Member Mullins moved for approval of the refund; seconded by Council Member Hogan The motion passed with all members present voting aye. The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 7:55pm. APPROVED: VO Harold S. Turville, Mayor ATTEST: Tracy Ac foyd, City Clerk • • •'s - 4 •flit ,etetisIttt`c. •