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11-13-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 The Clermont City Council met in a regular meeting on Tuesday, November 13, 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, Bates and VanWagner Other City officials present were City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance ELECTION RESULTS City Clerk Ackroyd read the election results aloud Timothy Bates received 6,794 votes and Tim Murry received 5,411 votes for the Clermont City Council Seat 1 Council Member Mullins moved to accept the results, seconded by Council Member Goodgame The motion passed with all members present voting ave OATH OF OFFICE City Clerk Ackroyd administered the Oath of Office to newly elected Council Member Bates for Seat 1, Mayor Turville for Seat 3 and Council Member Van Wagner for Seat 5 MINUTES Approval of Minutes of October 9, 2012 Council Meeting Council Member Goodgame moved to approve the minutes of October 9, 2012, seconded by Council Member Mullins The motion passed with all members present voting ave PUBLIC COMMENTS Walt Martin, 2440 Praine Dunes, thanked Recreation Manager Teske, James Kilgore, and Intenm Police Chief Broadway for their assistance with a meeting held at the Waterfront Pavilion Anthony Chase presented a program to benefit the city called Police Athletic League (PAL) and provided information about the program Ginger Martin, 2440 Prairie Dunes, requested the city remain fiscally responsible and commented on the traffic signal to be discussed at the workshop noting there are other intersections requiring attention Jim Purvis, 4206 Hammersmith Dnve, questioned an informational meeting invitation received from Cemex regarding a proposed new project in south Lake County City Manager Gray remarked Cemex is talking to Lake County about submitting an application for the sand mine It would require a Conditional Use Permit with Lake County If that occurs, the city will have the opportunity to comment on the project and send to Lake County They are doing due diligence in setting up community meetings Judy Proh, 1020 Everest Street,commented on the need for traffic signal at Diamond Players Club Dnve City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2012 REPORTS City Manager Gray reminded Council of the Workshop scheduled for Wednesday,November 14, 2012 The Council agreed to change the workshop time to 7 OOpm City Attorney Mantzans—No Report Council Member Goodgame read a letter aloud from a Kings Ridge resident commending Public Services employee David Vandever for his involvement in dealing with a subcontractor He reported on an increase to the number of visitors to the Histonc Village The replica of the school house is near completion and is in need of a roofing company to install a metal roof He invited the community to the 5K race this Saturday and the Holidays at the Village event December 7 - 23 The homes will be decorated for Christmas and a train will be available to bnng people to the village Council Member Mullins commented the 2"" Annual Downtown Art Festival was a success and invited the community to the annual Light Up Clermont event on November 30 with the parade on December 1 _ Council Member Van Wagner congratulated newly elected Council Member Bates Council Member Bates thanked the community for this opportunity to make good decisions for the City of Clermont He reported on attending the South Lake Sector Plan meeting last week Mayor Turville welcomed Council Member Bates to the City Council 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—Bid Award Request authonzation to award Clyde Armory, Inc the bid to purchase thirty (30) nfle sights for the Police Department Item No. 2—Approval Request Request approval to designate Xylem Water Purchasing Division Solutions USA, Inc as a sole source for Flygt pumps, parts and repair for the City lift stations and award Xylem Water Solutions USA, Inc a term contract for purchase of pumps,parts and repairs Item No. 3—Plat Approval Request approval of recording of plat for Sandhi!!Commons Lot I, Una 11 Sandhill Commons Lot I, Unit II — Hobby Lobby Item No 4—Scope of Services Request approval of Scope of Services from Engineering Department AECOM to design the roundabout and trail realignment identified in the Inland Groves Master Plan for$75,000 00 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 Item No. 5—Scope of Services Request approval of Scope of Services from Engmeenng Department Tetra Tech to perform professional engmeenng services to upgrade the existing utility-wtde SCADA system and computer architecture for$111,800 00 Item No. 6—Scope of Services Request approval of Scope of Services from Engineering Department Tetra Tech to provide professional engineenng services to design, permit and perform construction administration services for new water main for$54,977 00 Item No. 7—Approval Request Requesting authonzation to purchase a new Engmeenng Department trailer for the mobile Construction Crew's use from All Pro Of Yullee, Inc for$5,590 00 Item No. 8—Cancellation of Council Meeting Request iuthonzation to cancel the December 25th Council Meeting Jim Purvis requested to pull item 1 from the consent agenda City Manager Gray commented on Item 2, pulled item 4 to bnng back to Council, amended item 6 reducing the amount to $28,840, and commented on item 8 if needed, we could meet as a Special Meeting Item No 1 - Jim Purvis, 4206 Hammersmith Dnve, questioned the need for the purchase City Manager Gray stated this was a grant the city applied for and specifically applied for this item Mayor Turville questioned the Request for Proposal process with the AECOM scope of services City Engineer Richardson remarked AECOM is a continuing engmeenng services contract and was selected for this type of work Staff has pulled this item because the cost seems too high City Attorney noted these are contracts the city ongnally awarded after going through the consultants competitive negotiation act Council Member Goodgame moved to approve the amended consent agenda, seconded by Council Member Mullins The motion passed with all members present voting ave UNFINISHED BUSINESS Item No. 9 Resolution No. 2012-36 Mayor Turville read Resolution 2012-36 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 a car wash facility in the C-1 Light Commercial Zoning District Principal Planner Henschel presented the Conditional Use Permit request to allow for a car wash facility in the C-1 Light Commercial Zoning District The applicant proposed to construct a new car wash and oil change facility adjacent to the Race Trac Convenience Store on Highway 27 and Citrus Tower Blvd 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 Automotive services are designated as requiring a Conditional Use Permit within the C-1 Zoning District The car wash facility will offer an automated wash tunnel, vacuum stations, detail bays, and oil change bays Approximately 5 to 7 employees will staff the car wash throughout the day, and have a total of about 12 employees The car wash tunnel will incorporate a reuse system that will recycle approximately 75 percent of the water used for washing cars Staff recommended approval and provided information on water usage of existing car washes based on questions from the previous Council meeting Jimmy Crawford, Esq, was present on behalf of the owner, South Lake Connector, LLC He noted design standards are not typically discussed dunng Conditional Use Permit approvals The new conceptual design was presented He proposed a row of plants or trees as a buffer The building will be in earth tone colors to match Race Trac with a red and white stripe The open design concept has been changed to a modified tunnel design He suggested either a knee wall or railing combined with two rows of landscaping to serve as a buffer Dave Pearsy reviewed the overall design of the parcel Mayor Turville opened the public heanng Jim Purvis, 4206 Hammersmith Dnve,preferred a knee wall rather than a railing Mayor Turville closed the public heanng Council Member Goodgame disclosed he met with Jimmy Crawford and did not review the drawings Council Member Bates questioned the roof line view from Highway 27 Rick McCoy, McCoy and Associates, stated council has approved the grading plan for this project The roof line will be lower than the canopy on Race Trac Council Member Mullins questioned the aesthetics from Citrus Tower Blvd Mike Latham, Gatorsktch Architects, stated the back side will be a split block material that matches Race Trac Council Member Goodgame requested to view drawings of the proposed car wash Mayor Turville questioned the visibility of equipment Mr Pearsy stated there will be equipment visible based on how far the facade comes down from the roof lme and whether a knee wall is built There will be equipment housed in the mechanical room, not visible to anyone The only visible equipment will be that which is washing the car Furthermore, the car wash industry has changed with more of an open design Council Member Goodgame expressed concern with the design Mr Crawford stated the applicant would be willing to enclose the car wash tunnel if that is the desire of the Council Council Member Mullins supported the proposed design to include the red and white stripe Council Member Bates concurred 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 Council Member Mullins moved to approve with the changes made by staff and applicant and facade and landscape Mayor Turville questioned conditioning the request if unacceptable City Attorney Mantzans expressed concern with conditioning the request The motion died due to the lack of a second to the motion Council Member Goodgame would like it to resemble the filling station City Manager Gray suggested Council move on with the agenda and have staff pnnt photographs to present to Council Mayor Turville requested the applicant wait and move on to the next item NEW BUSINESS Item No. 10 Resolution 2012-38 City Clerk Ackroyd read Resolution 2012-38 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Florida, expressing its desire to promote business climate,great service,job creation,and business investment, providing for an effective date Planning and Zoning Director Hitt reported this is a program that creates a streamline permitting process to get businesses into the city and open m a shortened time frame It focuses on customer service and mm,m,zing cost with the application process to include an online permitting program City Manager Gray remarked Myregion org sponsored this to be more competitive as a business It is an effort to streamline the permitting process Council Member Goodgame questioned the cost City Manager Gray stated this is not a commitment to do online permitting, it is a commitment to focus on streamlining the permitting process Mayor Turville commented to agree with the intent Mayor Turville opened the public heanng Charlene Forth, 939 W Desoto Street,agreed with the concept Mayor Turville closed the public hearing Council Member Van Wagner moved to support, seconded by Council Member Bates The motion passed with all members present voting ave 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2012 Item No. I1 Police Department Assessment City Attorney Mantzans stated when initially tasked with the role of finding a third party entity to review and evaluate the Police Department, he contacted individuals to perform the task There were two who made a presentation to Council at a workshop in August Then, Council asked for a third presenter City Attorney Mantzans has secured other individuals to perform the task if Council would like to continue He requested Council provide direction on reviewing the Police Department The Council discussed whether to hire a consultant City Attorney Mantzans stated after the last Council Workshop, he received information from three other individuals to provide their services The Council tasked his office with this responsibility however typically the City Manager is involved in this process City Manager Gray suggested the Council allow him to work with Interim Police Chief Broadway and return to Council with a recommendation Mayor Turville opened the public hearing Jim Purvis,4206 Hammersmith Drive, expressed support for Council to consider a consultant Dave Holt, 1379 Legendary Blvd , supported an independent assessment review and suggested a professional process of hiring a Police Chief Charlene Forth,939 W Desoto Street, suggested the Council task the responsibility to the City Manager Les Booker,3945 Eversholt Court, supported a review by a professional organization Mayor Turville closed the public heanng City Attorney Mantzans noted he has spoken to the Department of Justice, Florida Department of Law Enforcement, Florida Association of Chiefs of Police and International Association of Chiefs of Police They will do cultural assessments, procedural reviews and employee interviews for morale purposes They will not do a full investigation into alleged criminal activity without specific allegations of misconduct that reach to a criminal level Council Member Mullins moved to hire a professional to do the cnminal allegations, seconded by Council Member Van Wagner Council Member Mullins stated if we have no specific allegations we will need someone to look into complaints He expressed interest in a criminal review of the Police Department Mayor Turville suggested a motion to direct staff to locate an organization to do the review City Attorney Mantzans advised if Council would like to hire an organization, he has a proposal from the International Association of Chiefs of Police to do a cultural assessment and includes an interview with all personnel in the Police Department It involves a process of interviews, survey and a review of every member of the department, protocols and procedures and then presents the information to the city Their fee is$30,000 plus reimbursement for direct expenses 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 Council Member Mullins moved to proceed with having the City Manager find someone to do the review of the Police Department, seconded by Council Member Van Wagner The motion passed with all members present voting aye The Council resumed the discussion of Item No 9 Resolution 2012-36 Mr Crawford presented a pnnted picture as it appears under construction in another city It will be at the same elevation The poles are structural steel and will be wrapped in neutral split block with 2 to 3 inches wide Council Member Goodgame expressed concern with the wavy lines Principal Planner Henschel noted the wavy lines are not against the city code City Manager Gray stated they will have to adhere to architectural standards City Attorney Mantzans clanfied the Council is involved in a Conditional Use Permit review The use is not permitted in the city code however with appropnate conditions that protect the public health, safety and welfare and are consistent with the neighborhood,the Council can approve a use that is not otherwise permitted as long it places conditions on it The conditions have to be reasonably related to public health, safety and welfare and consistent with the neighborhood Council Member Van Wagner expressed support Council Member Mullins moved to grant the request for the Conditional Use Permit along with the amendments to put in a knee wall, wrap metal poles with split block matching the back of the building, paint the office building a brown to match or compliment the Race Trac building, landscapmg and potted plants instead of 3 foot of grass, and red and white stripe, seconded by Council Member Van Wagner Under discussion, Mayor Turville questioned imgation for the potted plants Mr Crawford responded it will be irrigated The motion passed 4 to 1 with Council Member Goodgame opposing Item No. 12 Ordinance No 2012-02-C Introduction Mayor Turville read Ordinance 2012-02-C aloud by title only An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 102 Signs, Section 102-7 Exempt Signs, Section 102-8 Prohibited Signs, Exceptions, Section 102-23 Changeable Copy Signs, Chapter 118 Vegetation, Article II Landscaping, Section 118-38 Vehicular Use Area Intenor Landscaping, Providing for codification, severability, effective date, and publication Council Member Mullins moved to introduce Ordinance 2012-02C, seconded by Council Member Goodgame The motion passed with all members present voting ave 7 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13,2012 Item No. 13 Ordinance No 2012-03-C Introduction Mayor Turville read Ordinance 2012-03-C aloud by title only An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda related to Red Light Signal Violations, amending Chapter 62, Traffic and Vehicles, of the City Code by amendmg Article III, Red Light Signal Violations, Section 62-40, Et Sequel, amending Section 62-40, Authonzation, deleting Sections 62-41 through 62-49, creating new Section 62-41, Mark Wandall Traffic Safety Program Adopted, and providing for severability, conflict, codification and an effective date Council Member Goodgame moved to introduce Ordinance 2012-03C, seconded by Council Member Van Wagner The motion passed 4 to 1 with Council Member Mullins opposing Item No. 14 Ordinance No 2012-010-M Introduction Mayor Turville read Ordinance 2012-10-M aloud by title only An Ordmance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of a certain parcel of land contiguous to the present city boundaries, providing for an effective date, severability, recording, and publication Council Member Goodgame moved to introduce Ordinance 2012-IOM, seconded by Council Member Mullins The motion passed with all members present voting aye Item No 15 Ordinance No 2012-11-M Introduction Mayor Turville read Ordinance 2012-11-M aloud by title only An Ordinance of the City of Clermont, Lake County, Flonda, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part H, 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 Goodgame moved to introduce Ordinance 2012-1IM, seconded by Council Member Mullins The motion passed with all members present voting aye 8 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 Item No. 16 Ordinance No. 2012-12-M Introduction Mayor Turville read Ordinance 2012-12-M aloud by title only An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda 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 descnbed herein as shown below, providing for severability, effective date, and publication Council Member Goodgame moved to introduce Ordinance 2012-12M, seconded by Council Member Mullins The motion passed with all members present voting ave Item No. 17 Ordinance No. 2012-13 41 Introduction Mayor Turville read Ordinance 2012-13-M aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries, providing for an effective-date, severability, recording, and publication Council Member Mullins moved to introduce Ordinance 2012-13M, seconded by Council Member Goodgame The motion passed with all members present voting aye Item No. 18 Ordinance No. 2012-14-M Introduction Mayor Turville read Ordinance 2012-14-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 Ordmance No 289-C, Code of Ordinances, rezoning the real properties described herein as shown below,providing for severability, effective date, and publication Council Member Mullins moved to introduce Ordinance 2012-14M, seconded by Council Member Goodgame The motion passed with all members present voting aye Item No. 19 Ordinance No 2013-01 Introduction Mayor Turville read Ordinance 2013-01 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting a Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes, setting forth the purpose and intent of the Comprehensive Plan Amendment, establishing the legal status of the Comprehensive Plan Amendment, providing for severability, conflict and an effective date Council Member Mullins moved to introduce Ordinance 2013-01, seconded by Council Member Goodgame The motion passed with all members present voting aye 9 City of Clermont MINUTES REGULAR COUNCIL MEETING November 13, 2012 ADJOURN: With no further comments, this meeting was adjourned at 9 54pm APPROVED. '!" •' Turville,Mayor ATTEST: Tracy AcIcro t, City Cler., .^ i1�P0@PtySalFry 4 S ' ,a !� ry V �� "1 w.�, + e p tit a 10