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09-10-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 The Clermont City Council met in a regular meeting on Tuesday, September 10, 2013 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:06 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 Mullms gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Fire Chief Bishop introduced Executive Director Jerry Smith, Lake County Emergency Medical Services. He provided an overview of the services provided by Lake Emergency Medical Services. This is the third year as an independent organization. Council Member Goodgame expressed concern with coverage in south Lake County compared to north Lake County. Mayor Turville stated the timeliness of arrival has improved significantly and performance is exemplary. Fire Chief Bishop presented the Badge Pinning for Fire Lieutenant Robert Wozniak. PUBLIC COMMENTS Tod Howard, Lake County School Board Member, thanked the City of Clermont for helping with the bussing issue specifically Police Chief Broadway and City Manager Gray. He reviewed bussing provisions to elementary school students who live within 2 miles and would have to cross a 6 lane highway to include State Road 50 and Highway 27. Don Tracy requested a speed table on Lakeshore Dnve. He read a letter aloud and was signed by other residents.The request will be placed on the November 12 meeting agenda. Pam Lee expressed concern with property ownership as it relates to David Falzon and the City of Clermont. City Attorney Mantzans suggested meeting with Ms. Lee and City Manager Gray then report back to the City Council. Hugo Salvatore is having an issue with frogs in the neighbor's pool in College Park. City Attorney Mantzaris noted this is a Code Enforcement case. The property is in the foreclosure process. The issue was heard by the Code Enforcement Board. They asked for a notice to implement provisions in the city code to allow city staff to correct the situation. It will be authorized by the City Manager and City Clerk. The issue is the way the pool was closed up. City Manager Gray stated he will follow up. Assistant Fire Chief of Administration Kilbury commented it has been a pleasure to work with the City of Clermont and thanked staff for the opportunity. REPORTS City Manager Gray reported the First Budget Public Hearing on September 12 and Final Budget Public Hearing will be held September 26 at 6:00pm and CRA meeting will be held at 6:30pm on September 24. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 City Attorney Mantzaris—No report. Council Member Bates reported he has been appointed to the Legislative Policy Committee by the Florida League of Cities and will be traveling to Gainesville next week for those meetings. Council Member Goodgame reported the Lake County Board of County Commissioners voted to reinstate 70 percent of the original transportation impact fees in effect in January. Developments that have not pulled Certificate of Occupancy's will be subject to the impact fee. Also, he reported the annual 9/11 ceremony will be held at 9:00 a.m. at Fire Station No. 1 to honor those who died at the World Trade Center in 2001. Council Member Mullins reported on the Citizens Oversight Committee for the sales tax. They reviewed all of the budgets from the 14 municipalities, Lake County School Board and Lake County. Every agency has budgeted to spend the one cent sales tax funds appropriately. Also, attended the Arts and Cultural Alliance committee and provided an update on all that is happening in Clermont. Council Member Van Wagner-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-Bid Award and Budget Amendment;Fiber Optics Request approval to award the bid and amend the FY 2012-2013 budget for construction of a municipal fiber optic network for the Information Technology Department to Danella Construction in the amount of $508,351.00 Item No. 2-Meeting Minutes Request approval of the Regular Council Meeting Minutes of August 13, 2013 Item No. 3-Lake County Maintenance Agreement Request approval of the Traffic Light Maintenance Agreement with Lake County Item No. 4-Lake County Funding Agreement Request approval of the agreement with Lake County for funding of the Rowmg Boathouse and infrastructure 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 Item No. S-Planning&Zoning Commission Request approval to re- appoint Gail Ash to the Planning and Zoning Commission effective November 5, 2013 Jim Purvis asked to pull item 5 and Mayor Turville pulled item 1 from the Consent Agenda. Council Member Goodgame moved to approve items 2, 3 and 4; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 1 -Mayor Turville questioned awarding the contract with potential changes to the Police Station property. Information Technology Director Dennis stated the proposed route is along Hooks Street, in front of the planned Police Station. The bid specifications include a vault to be installed at that location to allow for fiber to be pulled into a building such as would be built on the site. In the event there were no building at the corner of Hooks Street and Citrus Tower Boulevard, the rest of the network would continue to function. Item No. 5—Jim Purvis,4206 Hammersmith Drive,questioned whether the vacancy was advertised. City Manager Gray stated this is a Planning and Zoning position. Gail Ash ran for City Council and by law is required to resign in order to run for office. She was defeated in the August Primary election. City Attorney Mantzaris stated it is an irrevocable resignation. Staff placed on the agenda without advertising under the theory the Council would consider to reappoint Ms. Ash to complete unexpired term on the Planning and Zoning Commission Board. Council Member Goodgame noted Thomas Spencer sent a letter of request for the position. Council Member Mullins noted as a matter of practice,the Council has reappointed. City Attorney Mantzaris suggested three(3)options: advertise for the position,wait until January or make an appointment now. Council Member Goodgame moved to advertise; seconded by Council Member Van Wagner for November 4 appointments and bnng back to the second meeting in October; The motion failed 2 to 3 with Mayor Turville and Council Members Bates and Mullins opposing. Council Member Mullins moved to reassign Ms. Ash to the seat; Mayor Turville passed the gavel to Mayor Pro Tem Goodgame to second the motion. The motion failed 2 to 3 with Council Members Van Wagner,Bates and Goodgame opposmg. Council Member Bates moved to postpone to January and place with the other seatst seconded by Council Member Van Wagner. The motion passed'3 to 2 with Mayor Turville and Council Member Mullins opposing. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 Council Member Goodgame moved to approve item 1; seconded by Council Member Mullins.The motion passed with all members present voting ave. UNFINISHED BUSINESS Item No. 6—Plat Approval Planning and Zoning Director Hollerand presented the Hunters Run Phase 2 plat and recommended approval. Travis Reitz, Esq., Clark, Albaugh and Rentz, LLP was present on behalf of the applicant, Standard Pacific Homes. He supported staffs recommendation for approval of the plat. He addressed the concerns raised from the Hartwood Pines Homeowners Association related to the structural soundness of the water retention pond. Since that heanng, staff has reviewed the proposed plans and determined the pond was developed in accordance of the approved plans. The other concern was the aesthetics of the pond. Mr. Reitz advised that Flonda law has stnct requirements for plat approval; the law provides that if the plat conforms to the code, the plat approval is strictly an administrative action. Furthermore, he requested approval of the plat. City Attorney Mantzaris clarified the city code provides for the City Engineer to make the final determination related to code compliance; she has reviewed it and found consistent with the code. Mayor Turville opened the public hearing. Kimberly Day, President of Hartwood Pines Homeowners Association, requested additional time to allow the Homeowners Association the opportunity to acquire an independent engineer to analyze a mutually acceptable plan between the two communities. Mayor Turville closed the public heanng. Council Member Van Wagner supported the request and would like to table this item. Clark Sprinkle, Standard Pacific Homes, stated he previously met with the Homeowners Association, offered to attend their meetings and conversed via email and telephone conversations. Council Member Van Wagner moved to table to October 8 and give the Homeowners Association the opportunity to hire an engineer; seconded by Council Member Bates.The motion passed with all members present voting aye. NEW BUSINESS Item No. 7—Knapp Street Request Public Works Director Brunson presented the request. The residents of Knapp Street requested to designate Knapp Street as a one way street. The issue is when two vehicles are meeting in opposite direction; one if not both vehicles are having to leave the asphalt pavement in order to pass due to the width of the roadway being only twelve feet. Residents are stating it causes damage to the right of way and the irrigation systems that the residents maintain. The residents on Knapp Street signed a petition requesting Knapp Street be designated a one way street. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 City Manager Gray noted staff supports the request. Sterling Frey, 1647 Knapp Street, stated there are 9 residences on the street and all 9 have agreed this will solve the problem and fully endorses the request. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to grant the request to make Knapp Street one way north bound between Lakeshore and Minnehaha; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 8—Margaree Gardens Street Lighting Economic Development Director Hitt presented the request for five (5) additional lights for Margaree Gardens There have been two recent incidents within the neighborhood including vandalism and trespassing on private property. The Homeowners Association has installed a security camera at the entrance to monitor and document traffic. Currently, nine (9) streetlights exist in the neighborhood. The city pays $126.35 monthly to Duke Energy for rental and maintenance of the existing lights. The request for additional lights would increase the monthly fee to $199.35. Other fees for installing five additional lights would be $399.00 for a deposit and $10,782 contribution in aid of construction. The cost for additional lights would be $11,181 and the additional monthly increase of rental and maintenance would be$73.00. Mark Graff, 1944 Brantley Circle,requested Council approval of the additional lights. Herb Smith, 1954 Brantley Circle—requested approval of the lights. Mayor Turville opened the public hearing. Rob Berens requested approval from the Council. City Manager Gray commented the city does not have a policy in place for additional street lighting and staff is in the process of developing a policy. Mayor Turville expressed concern with the rest of the community paying for the additional street lights. Council Member Mullins moved to deny without prejudice; seconded by Council Member Bates. Under discussion, Mayor Turville clarified the application is not restricted by time if they would like to return for a request. Council Member Mullins would like staff to continue to work with the neighborhood. The motion passed with all members present voting ave. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 Item No. 9—Celebration of Praise Property City Manager Gray reported the Celebration of Praise church property is available for purchase. The property is on approximately 50 acres of land of which 10 acres are developed with a 67,000 square foot facility to include a pool and gym. The city recently held three(3) community forums and approximately 80 percent.of the items requested from the citizens could possibly be housed at this site. The bank is accepting offers on the property and a contract would have to be given to the bank to be considered. Mr. Gray asked the Council if there is any interest in the site to move forward with a contract. It would provide a 60 day penod to view the property for consideration to purchase. City Attorney Mantzans stated staff is proposing a conditional contract offer. The offer would be presented to the church as the record property owner then submitted to the bank for final approval. Once it is approved by the bank, then the 60 day period would begin. The process would not begin until receiving confirmation from the bank they are okay with the seller completing the transaction. Then, set a heanng before the Council for a decision. Mayor Turville expressed concern with moving forward in a short penod of time City Attorney Mantzans.remarked the extended opportunity to review the property would include a confirmation as to the actual purchase price. If the council agrees to buy the property and during the process does not appraise for that amount then the Council could get out of the contract. There will also be a structural inspection to determine if there are major structural issues. Mayor Turville opened the public hearing. Gail Ash, 3365 Saloman Lane,does not support and noted the Council is being fiscally irresponsible. The following spoke in support: Jim Purvis, 4206 Hammersmith Dnve; Tod Howard, Lake County School Board; Frank Niemi, 1023 Princeton Drive; Jim Hamson; Matthew Gosselin; Paul Chapman; Jeannie Harrison; Freddy Williams; Mindy Hodge, 1540 Misty Glen; Alicia Pizano; Melinda Gill, 1052 Lmden Street; Michelle Michnoff; Tim Murry; Dave Holt; and Nick Jones. Mayor Turville closed the public heanng. Council Member Van Wagner expressed support and commented on multiple entities interested in utilizing the facility. He would like the church to still have the opportunity to use the facility on Wednesdays and Sundays. City Attorney Mantzaris stated staff is asking for a conditional offer to present to the seller for the seller to accept and the bank to approve it: The church usage is not currently in the contract but the Council can give direction. Council Member Van Wagner so moved, seconded by Council Member Mullins. City Manager Gray recommended an offer of$6.3 million. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10,2013 Council Member Van Wagner amended the motion to include the offer of$6 3 million, seconded by Council Member Mullins The motion passed with all members present voting aye Item No. 10—Ordinance No. 2013-18 Introduction Mayor Turville read Ordinance 2013-18 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning that portion (0 5646 acres) of Right-of-Way of Steve's Road lying north of lots 1 and 9, Clermont Crossings at Lost Lake, Plat Book 63, Page 69, and Lot 8A, Clermont Crossings at Steve's Road, Plat Book 64, Page 9, Public Records of Lake County, Flonda, in the southwest 1/4 of Section 29, Township 22 South, Range 26 East, repealing all Ordinances in conflict herewith, providing for severability, publication, and for an effective date Council Member Mullins moved to introduce Ordinance 2013-18, seconded by Council Member Goodgame The motion passed with all members present voting aye ADJOURN: With no further comments,this meeting was adjourned at 10 44pm APPROVED: Harol I S Turville,Mayor ATTEST: ( / .9, „,„, Tracy,Ackroyd, City Clerk k � \ 1 7 �1'4PiIFb•cs�