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09-25-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2012 The Clermont City Council met in a regular meeting on Tuesday, September 25, 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, Goodgame, Hogan and Van Wagner. Other City officials present were: City Manager Saunders,City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Dr. Jeff Barnes, Council Pastor for Real Life Christian Church and serves as Chaplain for the Police and Fire Department,gave the invocation followed by the Pledge of Allegiance. MINUTES Approval of Minutes for August 28, 2012 Council Meeting Approval of Minutes for September 6, 2012 First Budget Public Hearing Approval of Minutes for September 11, 2012 Council Meeting Council Member Goodgame moved for approval of the August 28 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved for the approval of September 6 First Budget Public Hearing minutes as wntten; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved for the minutes of September 11, 2012 be approved as wntten; seconded by Council Member Mullins.The motion passed 4 to 1 with Council Member Hogan opposing PROCLAMATIONS Mayor Turville read the proclamation aloud in recognition of the Kiwams Club of Clermont. Audrey Jackson-Morgan, President, accepted the proclamation on behalf of the Kiwams Club of Clermont to recognize the members. PUBLIC COMMENTS The following employees expressed concern with the Council's decision to reduce the city's contnbution of employee health insurance: Don Dennis, Suzanne O'Shea,Aaron Nickerson and Lacy Smith-Castillo. Hope Lamb, 519 Mar Nan Mar, commented on the Council's decision to not raise taxes and chose not to take funds from reserves. Mary Ellen Tucker, 241 Orange Avenue, conveyed support and gratitude for City Manager Saunders and staff for their service. Tom Gorgone, 3034 Chavez Avenue, expressed support of an increase in taxes and appreciates staff. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2012 Jim Purvis, 4206 Hammersmith Drive,thanked Mr. Gorgone for serving on the Code Enforcement Board He expressed disappomtment with Council Members for their vote at the Final Budget Public Hearing meeting and suggested the Council consider a reduction in their pay Furthermore, he suggested the cities in south Lake County consider an ambulance service. Ann Dupee, 389 Division Street,asked if further consideration can be made by the Council and expressed support for staff. Mayor Turville stated the millage rate is final. City Manager Saunders commented the onginal deficit was $1.7 million to be partially funded from a tax increase and funds from reserves. The Council chose not to raise the millage which would have provided close to $1 million but decided to deduct $500,000 from the city's contnbution to the employee health insurance fund and $300,000 from employee raises. There would remain a $900,000 deficit to be funded from reserves. Mayor Turville stated he is unwilling to raise taxes this year when the city has$10 million in reserves. Ginger Martin, 2440 Praine Dunes, encouraged citizens to attend meetings and provide input on the decisions made by Council She recalled a conversation with Council Member Van Wagner after the last meeting. Judy Proli, 1020 Everest Street, expressed support for an increase in taxes and an ambulance service. Mayor Turville expressed appreciation to the employees and unions. Council Member Mullins thanked those who spoke and commended the employees. REPORTS City Manager Saunders followed up on the discussion and suggested a budget amendment to place $500,000 back into the insurance fund and allow the insurance committee to make this a healthy insurance plan and allow staff to look at other ways to save money to send a message that we are willing to work with them. The Council can amend the budget to place$500,000 in the insurance fund and take from reserves to move forward to make it work rather than placing the burden on employees. Council Member Van Wagner make a motion to do as suggested: seconded by Council Member Mullins.The motion passed with all members present voting aye. City Manager Saunders thanked the City of Clermont employees and commended their hard work. City Manager Saunders recognized Assistant to the City Manager Barbara Hollerand and Environmental Services Director James Kinzler for completion of the Certified Public Manager program It is a nationally recognized program for training and developing Public Managers administered by the Flonda Center for Public Management at Florida State University. He commended both employees for completing the program. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2012 City Manager Saunders noted the Request for Proposals for a consultant to perform a visioning process has been received.The next step is to evaluate and bring the top 3 or 4 to the City Council. Staff proposed a committee to review consist of Barbara Hollerand, Jim Hitt and incoming City Manager Darren Gray and bring the top 3 or 4 for Council consideration. Council Member Goodgame so moved; seconded by Council Member Mullins. The motion passed with all members present voting aye City Attorney Mantzans reminded Council to schedule a workshop regarding the Police Department review and evaluation. Council Member Hogan commended the employees and commented he supported an employee raise. Council Member Goodgame commented on an email he sent out after the Final Budget Public Heanng meeting and will wnte a retraction if there was an error to make it right. He would like to do more for the children in this community as well as the Moonlight Players. He expressed disappointment with Lake County as it relates to ambulance service Furthermore,he expressed appreciation to the employees. Council Member Mullins reported on the meeting of the Lake EMS and did not support the finng of the Director however supported his decision to leave. Furthermore, he has been appointed by the County to serve on that board;not the City of Clermont. Mayor Turville remarked on the ambulance service. Council Member Van Wagner apologized to Ms.Martin for his remarks to her and to the employees 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. I—Event& Fee Waiver Request Request use of Waterfront Park Pavilion with Christian Men in Action waiver of fees and staff costs to host a celebration in recognition of Dr. Martin Luther King's Birthday, Monday, January 21, 2013 from 9:00 a.m. to 3:00 p.m. Item No. 2—Plat Approval Request approval of recording of plat for Oak Hill Commons-Unit II. Item No. 3—Scope of Services Request approval of Scope of Services from Engineering Department AECOM for $4,000.00 to perform a Phase I Environmental Study on the Bon Jorn property along Lake Minneola, adjacent to the boat ramp property. 3 City of Clermont i MINUTES REGULAR COUNCIL MEETING September 25,2012 Item No. 4—Scope of Services Request approval of Scope of Services from Engineering Department BESH, Inc for $26,245.00 to include survey, design, and permitting and production of construction documents for the 12th Street storm water improvements project. Item No. 5—Easement Request Granting an easement for Progress Energy Engineering Department to provide power to the Clermont Community Center site. Item No. 6—Approval Request Requesting approval of purchase of a trailer for the mobile Construction Crew's use from All Pro of Yullee,Inc for$4,978.00. Jim Purvis requested to pull items numbered 1 and 6. City Manager Saunders noted item 3 should be corrected to read Lake Minneola Council Member Goodgame moved to approve consent agenda items 2, 3, 4 and 5 with the correction on item 3 changing from Lake Mmnehaha to Lake Mmneola; seconded by Council Member Mullins. The motion passed with all members present voting aye. Jim Purvis, 4206 Hammersnuth Dnve, commented on the request to waive fees for Item 1 and questioned the purchase of equipment mstead of leasing for Item 6. City Manager Saunders responded to the question regarding Item 6. He stated this is a purchase of a trailer for the city's m house utility crew that does infrastructure work. It saves the city thousands of dollars each year and needs a larger trailer to transport equipment. Item No. 1 -Tim Murry, 574 E. Desoto Street,requested to utilize the facility and will take responsibility for the keys and set up. The event will be open to the public and will not be charging any fees. The Council discussed the request to waive the fees. Council Member Mullins moved that for the Christian Men in Action collect a $350 refundable deposit and charge no more than $250 for the event and if at workshop the rate changes, they would benefit from the lower rate; seconded by Council Member Goodgame. Council Member Van Wagner asked about police protection.Mr.Murry stated it is not needed. Council Member Goodgame called for the question. The motion passed with all members present voting aye. Council Member Goodgame moved for approval of item number 6; seconded by Council Member Mullins.The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 9:12pm; the meeting reconvened at 9:21 pm. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2012 NEW BUSINESS Item No. 7—Resolution No. 2012-31 Lake County Adult Activity Center Mayor Turville read Resolution 2012-31 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow an adult day care facility in the M-1 Industnal Zomng Distnct. Pnncipal Planner Henschel presented the request for a Conditional Use Permit to allow an Adult Day Care Facility to be established in the M-1 Industrial Zomng Distnct. Staff recommended approval. Applicant, Carolina Garcia,Director of Lake County Adult Activity Center, requested approval Mayor Turville opened the public heanng There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to adopt Resolution 2012-31; seconded by Council Member Goodgame. The motion passed with all members present voting ave. Item No. 8— Variance Request Chick-fil-A, Inc Planning and Zomng Director Hitt presented the request to allow for a reduction of two required parking spaces from 47 to 45. There are 49 parking spaces on site and 47 are required per the Land Development Code. They requested to remove four parking spaces on the south end of the drive thru area in order to add a second drive thru order point. There will be no loss of total landscape area Staff recommended approval of the request. Rocky DeStefano,owner/applicant,was present requesting approval. Mayor Turville opened the public hearing.There were no comments. Mayor Turville closed the public hearing. Mayor Turville supported the request. Council Member Goodgame moved for the approval of the variance request for Chick-fil- a; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 9— Variances Request A-Pawn USA Planning and Zomng Director Hitt presented the variances request located at 811 East Highway 50. The variances requested are: to allow for the expansion and addition to a nonconforming structure; to allow the loading area to be about 339 square foot, to allow the landscape buffer to shift offsite to Florida Department of Transportation (FDOT) property with permit; to allow the landscape buffer to be 14 feet and to allow the rear yard setback to be 14 feet. Staff recommended approval of the variances requested 5 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2012 Chris Germana, Germana Engineenng, was present on behalf of the applicant. He agreed with staff's recommendation for approval. Mayor Turville opened the public heanng. Jim Purvis,4206 Hammersmith Dnve, supported the request. Mayor Turville closed the public hearing. Council Member Hogan moved for the approval for A Pawn USA; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 10—Financial Support Request Clermont Land Partners LLC City Engineer Richardson reported the city owns a 10 inch PVC water main along the northern boundary of Magnolia Center, a commercial development adjacent to Magnolia Pointe subdivision in Lake County. The 10 inch water main was constructed with Clermont Self Storage in 2000. During that time, the city required that a 30 foot easement be dedicated along the adjacent property to the west but the easement was not granted. In 2005, the Magnolia Center project was designed by SK Consortium, Inc. The water main followed the existing topography of the undeveloped site and vaned in depth along the northern property boundary. Rather than address the water main construction, the project engineer with SK Consortium, Inc. designed the grading for the site to maintain a 3 foot cover on the water main. This left a partial berm-like feature between lots 1 and 2 of Magnolia Pointe Center. In July 2012, SK Consortium Inc. submitted development plans for Lot 2. It was discovered that the easement had not been dedicated for the water main. The development of the site includes a parking lot being constructed over the existing water main. The construction of the parking lot would expose the water main. The City required that the water main be lowered to further develop their property. They received quotes and requested funding for $50,000 from the City to help lower the water main. Staff did not approve the request and is requesting Council to overturn the decision. Applicant, Cas Suvongse,was present requesting financial assistance from the city in the responsibility to relocate the line in either cash or fee credit. Furthermore, the Pnncipal Engineer explained the technicalities of the project. Mayor Turville opened the public heanng Charlene Forth,939 W. Desoto Street, opposed the request. Mayor Turville closed the public heanng. The City Council asked staff a senes of questions as it relates to the project. Council Member Mullins suggested encouraging Lake County to allow them to do the less expensive tapping system when relocating the water main. Mr. Suvongse asked for an impact fee credit from the city Lake County has a moratonum on impact fees. City Attorney Mantzans stated the easement was granted to the city recently after the line was constructed. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 25,2012 City Engineer Richardson further added the utility agreement states they had to dedicate the easement by plat and requested it from Lake County and they recorded it without the easement. The city did not have cooperation from Lake County to obtain the easement. Furthermore, City Attorney Mantzans stated the pnor owners of the property agreed on the easement as part of the utility agreement. The city had difficulty controlling the dedication of the easement because the project was in Lake County. City Manager Saunders noted when the city extended the sewer lines; every property owner gave those easements to the city at no cost. He further stated the city could encourage cooperation from Lake County Fire Department to provide that service while they do the tapping. Council Member recommended writing a letter to Lake County Fire Department to provide the service of tankers or other equipment necessary. Mayor Turville requested City Engineer Richardson assist in guiding the request through. Council Member Goodgame moved to have Tamara assist the applicant and work with Lake County Fire Department in order to do the reconfiguration of the piping; seconded by Council Member Mullins. The motion passed with all members present voting aye Item No. 11—JPA Utility Agreement Verde Park Planning and Zoning Director Hitt presented the request for a Utility Service Agreement for Water and Wastewater to include 111 new single family homes. This project was origmally comprised of two developments that had previously received agreements but have since combined. The agreement will be conditioned upon deferral of annexation to occur when legally appropnate. The project will be developed pursuant to the Utilities Services Agreement for Water and Wastewater services. Staff recommended approval with additional language to section 6 as presented by Planning and Zoning Director Hitt. Rohland June,applicant,was present and available for questions. Mayor Turville opened the public heanng. There were no comments Mayor Turville closed the public hearing. Council Member Goodgame moved to approve item 11 JPA Utility Agreement with Verde Park with amended language in section 6; seconded by Council Member Mullins. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 10:34pm. APPROVED: 'Tld S.Turville,Mayor ATTEST:V,e_ .d VA ;_,, ∎ r • Trac Ackroyd,Cit Jerk .