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10-22-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 22,2013 The Clermont City Council met in a regular meeting on Tuesday, October 22, 2013 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:03 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. PUBLIC COMMENTS Wally Herda commented the power company tnmmed the trees and questioned whether the tree trimmers are certified.He distributed a pamphlet regarding Utility Pruning of Trees. Fred Sommer, Sommer Sports,remarked on the success of the 2013 Triathlon series. Mary Prescott commented on coordinating an event along with the Florida Triathlon to raise funds for the Greater Clermont Cancer Foundation. She expressed appreciation to the city. Garrett Paquette, Downtown Bar and Gn11, commented on the success of the Music Festival Event held on Saturday in downtown Clermont Ron Smart,was present on behalf of the Downtown Partnership,commending Mr.Paquette on the event. REPORTS City Manager Gray reported the Lake County Commission reviewed the Sector Plan and have postponed the decision until January 28, 2014. There was a joint session scheduled between the City and Lake County regarding the Sector Plan however Lake County discussed postpomng the joint meeting. The City Council would like to have a joint meeting with Lake County. City Manager Gray commented the city has submitted a contract to Centennial Bank regardmg the Celebration of Praise property. City Attorney Mantzans provided an update on the Celebration of Praise property contract.The Council approved extending an offer to purchase the property for$6.3 million.The bank is now the owner. There were changes to the offer extended. They have accepted the purchase price of$6.3 million. The city proposed an escrow deposit of$100,000 as a refundable deposit pending the City's inspection penod; they would like the city's escrow deposit increased to $300,000 refundable based on mspection of the property. Onginally, the City proposed a 60 day inspection and due diligence period and they requested to shorten that time frame to a final date of December 12,2013 with the closing to occur no later than December 27, 2013. This matter will be brought before the City Council on December 10, 2013 for staff to present the inspection findings, final review and approval and continue with acquisition of property and if approved, proceed with closing on December 27, 2013 If the Council decides not to proceed, staff would advise the seller and the $300,000 would be returned to the city. The changes are consistent with the offer extended. Staff is prepared to have Mayor Turville sign off on the offer contract to be sent to the bank tomorrow. There is another provision for the contract offer penod to be accepted by Friday, October 25, 2013 or the offer would be revoked This was done in order to move forward as quickly as possible. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22,2013 The final action on the property purchase will be at the City Council meeting on December 10, 2013. City Manager Gray stated a workshop will be scheduled in early December to discuss the property The City Council scheduled a workshop next Tuesday to discuss the Wellness Way Sector Plan in the Council Chambers at 6:30pm. Council Member Bates—No report Council Member Goodgame announced the upcoming events at Historic Village; City Council election is November 5; November 7 is the Taste of South Lake event and the Flonda Lake Symphony Orchestra will have a free concert on December 5. Council Member Goodgame submitted a letter of request for a $10,000 financial subsidy m lieu of a grant for the Histonc Village on behalf of the Histoncal Society Board. City Manager Gray remarked it is in this year's budget. Council Member Mullins suggested placing on a workshop or an agenda for the Council to review the financials. Council Member Goodgame expressed opposition to providing a financial report stating it is not required for a subsidy. City Attorney Mantzans Dan stated based on the budget approval; the Council appropnated a certain amount of money for this organization conditioned upon financial information being provided. Council Member Bates moved to discuss at a workshop; seconded by Council Member Mullins. The motion passed 3 to 2 with Council Members Goodgame and Van Wagner opposing. Council Member Mullins announced upcoming events in downtown Clermont. Council Member Van Wagner questioned whether it is appropriate to meet with Land Development groups prior to a Council meeting. City Attorney Mantzaris addressed the question noting there is a Resolution adopted by the City of Clermont in 1995. The issue in question is regarding an ex parte communication regarding a land use or quasi judicial zoning matter. It is where a board member discusses a potential matter that may come before the board with an interested party. The process is to disclose those communications to the public. The reason for that process is because that is how the Resolution prescribes the process for dealing ex parte communications on zoning issues as authorized by State Statute and the Council. Council Members are permitted to have those discussions with an interested citizen,applicant,and agent provided they disclose it m a public meeting. Mayor Turville expressed concern with the length of future Council Meeting agendas. Council Member Van Wagner inquired if the Council would like to change the Resolution. City Attorney Mantzans remarked the Council has done a very good job of disclosing. The City Council agreed to leave it as is. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October-22, 2013 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—Contract Approval Consider approval to piggyback contract with Lake County for Labor Ready Southeast,Inc; Sphenon Staffing, LLC; and TS Staffing to acquire temporary staffing needs Item No. 2—Contract Approval Consider approval to piggyback contract with Broward County for purchasing polymer concentrate Item No. 3—Contract Approval Consider approval to piggyback contract with Lake County with Oglesby Construction,Inc.; Tru-Mark, Inc., AKCA,Inc.; and McShea Contracting for traffic striping and marking Item No. 4—Contract Approval Consider approval to piggyback contract with the City of Orlando with Just Program, LLC. d/b/a Solodev for website design and improvements and a budget amendment in the amount of $50,000.00 Item No. 5—Bid Award Consider approval to award Atlantic Environmental Systems, Inc. the bid for a submersible well pump Item No. 6—Bid Award Consider approval to award AGH Management, LLC. the bid for athletic fields turf maintenance Item No. 7—Purchase Approval Consider approval to purchase six vehicles for Environmental Services from the Florida Sheriffs Association contract Item No. 8—Easement Request Consider grantmg a public utility easement and temporary construction easements from Lake County School Board for installation of public utilities Item No. 9—Event Request Consider approval of Downtown Partnership "Got Kidz" event for Apnl 12, 2014 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22,2013 Item No. 10—Agreement Approval Consider approval of amendment to the agreement with The Corbin Group and a budget amendment in the amount of $26,500.00 Item No. 11—Agreement Approval Consider approval of North Hancock Road Right-of-Way and Proportionate Share Agreement with Center Lake Properties, LLC and Lake County Item No. 12—Group Medical Plan Consider approval of changes to Group Medical Plan changes effective January 1,2014 Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 19—Ordinance No. 2013-19;Final The applicant requested to table this item to November 12, 2013. City Clerk Ackroyd read Ordinance 2013-19 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certam parcel of land contiguous to the present city boundaries;providing for an effective date,severability,recording,and publication. Council Member Mullins moved to table Ordinance 2013-19 to November 12; seconded by Council Member Goodgame. The motion passed with all members present votmg aye. Item No. 20—Resolution No. 2013-25 The applicant requested this item to be tabled to November 12,2013. Council Member Mullins moved to table Ordinance 2013-25 to November 12, seconded by Council Member Goodgame.The motion passed with all members present votmg aye. NEW BUSINESS Item No. 13—Oakland Agreement Environmental Services Director Kmzler introduced Oakland Mayor Stark. Oakland Mayor Stark requested Council consideration for approval to allow the Town of Oakland to move off of septic to sewer and to help the environment. Environmental Services Director Kinzler presented the request to obtain approval of an inter-local agreement providing wholesale wastewater treatment services to the Town of Oakland. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22,2013 An overview of the project was provided as well as revenue and cost shanng projects and considerations. Staff requested approval to provide Oakland with wholesale wastewater services. Mayor Turville questioned the capability to change the rates, the flexibility of the contract as it relates to the City's ability to serve and the provisions to get out of the contract, if necessary. City Attorney Mantzaris responded the proposed allocation is for 1 million gallons per day. It is not a vested number; it is based on an as needed application basis based on the development in Oakland. As capacity is given to Oakland, then it becomes vested. The limit is up to 1 million gallons and would have to return to the City Council to expand. As it relates to the rates, the same automatic adjustment for utility customers in Clermont is m place and applicable to this on a percentage basis and allows for Council to adjust it by ordinance as it does for all utility customers in the system. Mayor Turville opened the public heanng. Walt Martin,2440 Prairie Dunes, expressed concern with water capacity to handle our growth. Environmental Services Kmzler responded staff has evaluated future demands and future supply to include Oakland. The build out of the wastewater facility is 8 million gallons and it is currently at 4 million gallons. Staff is currently evaluating to determine if it can be expanded to 10 million gallons. Frank Niemi, 1023 Princeton Drive, supported the request. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval as written, seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 14—Appeal of Administrative Decision Planning and Zoning Director Hollerand presented the item noting the purpose is to discuss the technical appeal of City staff's interpretation of the code that common areas must be irrigated by a private well. Summit Greens Residents Association's request is to expand existing irrigation systems on private property to irrigate common areas. City staff's technical interpretation of the code is that common areas must be irrigated by a private well. As a clarification, the applicant's request constitutes an appeal of an administrative decision and not a variance to the city's code. A variance is not available for this situation because this is an appeal of a technical interpretation of the code by city staff. An appeal of this decision can be made through an appeal to the City Council under Section 86-252 and Section 86-251. Environmental Services Director Kinzler reviewed the considerations of the request as it relates to water service. City staff's interpretation is that Section 114-4 prohibits a residential imgation system from being or used to water a non-residential area such as a common area. The city recommends that a private well be used to irrigate this area. This code has been the basis for requiring private wells for all common areas in proposed subdivisions and commercial properties for numerous years. It reduces the impact on our St. Johns River Water Management District Consumptive Use Permit by utilizing a lower water quality source for irrigation. There are multiple other potential common areas in Summit Greens that may be considered for future modification of irrigation systems. Furthermore, annual water budgets as required by the city code and St.Johns River Water Management Distnct Consumptive Use Permit will need to be reconfigured Staff recommended upholding staff's technical interpretation of the code. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22,2013 Alfred Mannella, 1059 Mesa Verde Court, was present requesting consideration on behalf of Summit Greens. Edgar Schneider, Summit Greens Homeowners Association President, reviewed and distributed maps of the property and provided background information. Mr. Mannella referenced correspondence with the city. The cost will be $54,500 and asked for consideration from the council for relief of the 19 homes. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. After much discussion between the City Council and staff, City Manager Gray suggested Environmental Services Director meet with the Summit Greens representatives regarding the well. The Council recommended postponing until staff meets with the homeowners association and for City Attorney Mantzaris to review the homeowner's agreement. Council Member Van Wagner moved to table to be brought back by staff; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 15— Variance Request;Kings Ridge Planning and Zoning Director Hollerand presented the variance request to eliminate a landscape buffer along Hartwood Marsh Road. Staff recommended approval. Kim Myers,Applicant,was present and available for questions. Mayor Turville opened the public hearing. Frank Niemi, 1023 Princeton Drive, supported the request. Mayor Turville closed the public hearing. Council Member Mullins moved to grant the variance as requested: seconded by Council Member Van Wagner.The motion passed with all members present voting aye. The next two items were heard concurrently and voted on separately. Item No. 16—Resolution No. 2013-26; Wootson Temple City Clerk Ackroyd read Resolution 2013-26 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda,granting a Conditional Use Permit to expand a House of Worship in the R-2 Medium-Density Residential Zoning District. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22,2013 Item No. 17— Variance Request Senior Planner Henschel presented the request. Staff recommended approval of the Conditional Use Permit. The variance request is to allow for 49 parkmg spaces rather than the required 72 spaces. Staff recommended denial of the variance request. The Planning and Zoning Board recommended approval of the Conditional Use Permit. Applicant,Marvin Wootson,was present to request approval. Mayor Turville opened the public heanng Willie Montgomery spoke in support of the request. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Resolution 2013-26; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Council Member Mullins moved to grant the variance as requested; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Item No. 18—Resolution No. 2013-27;Alianza Con Dios City Clerk Ackroyd read Resolution 2013-27 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County,Florida,granting a Conditional Use Permit to operate a House of Worship in the C-2 General Commercial Zoning District. Senior Planner Henschel presented the request for a Conditional Use Permit. Staff recommended approval and the Planning and Zoning Board recommended approval. The applicant was present to request approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Item No. 21—Ordinance No. 2013-22;Introduction Mayor Turville read Ordinance 2013-22 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the 60 foot Utility Easement north of State Road 50, East of Lot 1, West of Lots 19 and 20; repealing all ordinances in conflict herewith,providing for severability,publication,recording, and for an effective date. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2013 Council Member Mullins moved to introduce Ordinance 2013-22; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 22—Ordinance No. 2013-23;Introduction Mayor Turville read Ordinance 2013-23 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the platted roadway lying south of Tracts 56 and West 470 Feet of Tract 55A and north of Clarence Lake; and the platted roadway lying between Tracts 41 and 56; and the platted roadway lying south of Old Highway 50, west of Tracts 41 and 56 and north of Clarence Lake; repealing all ordinances m conflict herewith, providing for severability,publication,recording,and for an effective date. Council Member Mullins moved to introduce Ordinance 2013-23; seconded by Council Member Goodgame.The motion passed with all members present voting aye. City Manager Gray noted he received an electronic mail from Lake County regarding the Sector Plan. They suggested the City meet with the consultant to review the plan then set a joint meeting with the Lake County Board of County Commission within 30 days after meeting with the consultant. ADJOURN: With no further comments,this meeting was adjourned at 9:18pm. APPROVED: arold S.Turville,Mayor ATTEST: Tracy Ackro'd, City Clerk, 8