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03-26-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2013 The Clermont City Council met in a regular meeting on Tuesday, March 26, 2013 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 Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Turville read the proclamation aloud declaring April 20,2013 as Beta Sigma Phi Founder's Day. MINUTES March 12, 2013 Meeting Minutes Council Member Goodgame moved for the approval of March 12, 2013 meeting minutes as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Wally Herda requested a moratorium at the power station located at Millholland Street and Highland Avenue and would like to place on an agenda for Council consideration. Mayor Turville asked City Manager Gray to contact Progress Energy to provide a report on the short and long term plans of the facility. Ron Brooks, 1107 Northridge Blvd., expressed concerns with traffic issues. He suggested a 4 way stop sign at the intersection of Grand Highway and Northridge/Pitt Street. He also suggested a 3 way stop sign at the intersection of Northridge and North Jacks Lake Road. He further questioned the need for a 4 way stop sign at Oakley Seaver behind South Lake Hospital. REPORTS City Manager Gray scheduled a workshop for April 18 at 6:00pm. The Lake County Board of County Commissioners approved the grant for $1.8 million for Inland Groves and thanked Planning and Zoning Director Hollerand. Lake County also discussed transportation impact fees that had been suspended to 2014. The South Lake Chamber submitted a letter to reinstate the south Lake portion sooner than 2014. City Manager Gray requested Council consideration. Council Member Goodgame moved to have City Manager Gray send a letter to the Board of County Commissioners to see impact fees reinstated immediately and if not then do them in South Lake: seconded by Council Member Mullins. Under discussion, Council Member Van Wagner asked for clarification. City Manager Gray noted Lake County is divided into three districts. They can increase or decrease by district. The funds collected in the South Lake District,can only be used in the district. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2013 Furthermore, the new fee would be approximately 13 percent less. Also, Council Member Goodgame explained concurrency. The motion passed with all members present voting aye City Attorney Mantzans—No Report Council Member Bates thanked the Police Department for doing a car wash to benefit a local Girl Scout Troop. Council Member Goodgame reported the South Lake Historical Society will have a dedication ceremony on Apnl 13 of the old schoolhouse He invited the public to attend. He also requested a report from Police Chief Broadway in regards to a judge allowing a sex offender to live in the City of Clermont. Council Member Mullins—No Report Council Member Van Wagner thanked a Police Officer for the positive assistance provided to a young person. He reported on the boil water notice by Lake Utilities Inc.as a result of a water main break City Manager Gray requested City Clerk Ackroyd place the notice on the city's website. Mayor Turville,remarked on the Jenkins Auditonum farewell that was held on Fnday, March 15. Also, he commented on presenting a proclamation to May Griffith at the City of Minneola meeting last week as well as other cities and Lake County. 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-Generator-Repairs and Maintenance Approve bid award to CJ's Sales and Service of Ocala,Inc. to provide City-wide generator repairs and maintenance. Item No. 2-Applicant Software Approve piggyback with City of Jacksonville contract with Governmentjobs.com for applicant tracking/on-boarding software Item No. 3— Verizon Land Lease Agreement Approve amended agreement with Venzon for lease of additional space for their emergency generator Item No. 4-Storage Area Network Approve purchase of Storage Area Network to support City Hall data network Item No. S- Cure Plan;Pizza Hut Approve proposed Cure Plan, vanances, and landscape plan 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2013 Item No. 6-Cure Plan; 7-11 Approve proposed Cure Plan, variances, and landscape plan Item No. 7—Resolution 2013-08 Approve Resolution adopting Inland Groves Spray Field agreement Item No. 8- Community Center Approve Change Order 3 for a credit to the • contract with Mark Construction in the amount of$295,133.71 Council Member Goodgame commended Economic Development Director Hitt regarding items 5 and 6 Council Member Member Bates pulled item 7 for discussion. Council Member Goodgame moved for approval of the consent agenda with the exception of item 7 open for discussion; seconded by Council Member Mullins The motion passed with all members present voting aye. City Manager Gray provided background information on the Inland Groves Park. Council Member Bates moved to approve item 7; seconded by Council Member Mullins The motion passed with all members present voting aye Mayor Turville noted there are items on the agenda that have been requested to be tabled Item No. 11— Variance Request Home Depot Council Member Goodgame moved to table item 11 variance request for Home Depot to April 23; seconded by Council Member Mullins The motion passed with all members present voting aye. Item No. 13— Wastewater Service Expansion Council Member Goodgame moved to table to the April 18 workshop; seconded by Council Member Mullins.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 9—Ordinance No. 2013-08 Final Hearing Mayor Turville read Ordinance 2013-08 aloud by title only. An Ordinance of the City of Clermont, Lake County, Florida, adopting an Interlocal Service Boundary Agreement between Lake County, the City of Groveland, the City of Minneola, the City of Clermont, the City of Leesburg, the Town of Howey-In-The-Hills, and the City of Mascotte;providing for severability,conflict and effective date City Attorney Mantzans reported on the Inter-local Service Boundary Agreement initiated by the City of Groveland to discuss issues regarding services with identified cities within the ordinance 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2013 The City of Clermont was not invited to participate This was previously brought before the City Council and recommended the city participate as an uninvited party to monitor and protect the city's rights. There was nothing to negatively impact the city contained in the agreement Staff did participate in the negotiations. The proposed ISBA area does not include any corporate limits,of the City of Clermont, service area or Joint Planning Area.It has little or no impact on the city. Staff recommended approval. Mayor Turville opened the public hearing There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for the adoption of Ordinance 2013-03; seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote NEW BUSINESS Item No. 10— Variance Request Goeb Senior Planner Henschel presented the variance request to allow for a rear yard setback of 19 feet rather than the 25 feet The applicant requested a screen enclosure with a covered roof within the required setback of Lot 57 in the East Lake Estates Phase II subdivision. Staff recommended denial. Michael Goeb,applicant,was present requesting approval of the variance request. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng. Council Member Mullins moved to approve, seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 12—Resolution 2013-05 Heart Vascular Institute Mayor Turville read Resolution 2013-05 aloud by title only. A Resolution of the City Council of the City of Clermont,Lake County,Florida,granting a Conditional Use Permit to allow a Professional/Medical Office in the R-3-A Residential/Professional Zoning District. Senior Planner Henschel presented the request for a Conditional Use Permit (CUP) to allow a professional office/medical office in an R-3-A Residential/Professional District Office uses and similar uses are designated as requiring a CUP within the R-3-A district. Staff recommended approval Rick McCoy was present on behalf of the applicant to request approval Mayor Turville opened the public hearing There were no comments. Mayor Turville closed the public heanng. Council Member Mullins moved to adopt Resolution 2013-05; seconded by Council Member Goodgame The motion passed with all members present voting aye 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2013 Item No. 14—Beach Opening/Waterfront Park Recreation Director Teske presented two options regarding the waterfront beach opening. The options are to extend the swim area or stay within the current waterfront permitted swim area and to open the beach to swim at your own risk City Manager Gray recommended staying within the swim area and open it to swim at your own risk year round. Mayor Turville questioned the lifeguard requirement. Recreation Manager Teske commented the State of Florida changed their laws and the city will have to meet water quality and visual tests to not require lifeguards. Staff has started the bacterial testing and is proposed to be online to open May 1 Mayor Turville questioned the liability. City Attorney Mantzaris replied it would be better for the city to post to swim at your own risk without a lifeguard on duty. Mayor opened the public hearing. Wally Herda questioned who is responsible for tnathlon participants. The Council noted they sign a release and have their own lifeguards Y � � Mayor Turville closed the public heanng Mayor Turville requested City Manager Gray examine the legs of the pier Council Member Goodgame moved for approval of item 14 to open the beach at Waterfront Park to swim at your own risk; seconded by Council Member Mullins. The motion passed with all members present voting aye City Manager Gray discussed other recreation opportunities at Waterfront Park. He suggested regulating services to have available and develop a scope of services to bring back to Council. Council Member Mullins commented to clarify the vendors could not interfere with events held at Waterfront Park Mayor Turville suggested allowing civic groups to have an opportunity as well City Manager Gray noted that no action is needed at this time. With the consensus of the Council,he will move forward with developing a scope of service to return to Council for review and approval. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 26,2013 Item No. 15—Ordinance No. 2013-05 Introduction Mayor Turville read Ordinance 2013-05 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the Code of Ordinances of the City of Clermont, granting a garbage collection franchise to Russo and Sons, Inc , 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 Council Member Mullins moved for the introduction of Ordinance 2013-05; seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 16—Ordinance No. 2013-06 Introduction Mayor Turville read Ordinance 2013-06 aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Flonda, adopted pursuant to section 125 01(1)(q), Flonda Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county-wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners of Lake County, Florida, providing for the City to be included within said Municipal Service Taxing Unit for a specified term of years, providing for severability,effective date and publication. Council Member Mullins moved for the introduction of Ordinance 2013-06; seconded by Council Member Goodgame. Under discussion,the Council preferred to change the term from three years to one year Council Member Mullins changed the motion to reflect for a term of one year as amended; seconded by Council Member Goodgame The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:18pm APPROVED: ' ' ' . =mod S. urville,Mayor ATTES ■. - Tracy Ac. •yd,City Cler I " . ... - 6