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11-12-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 12,2013 The Clermont City Council met in a regular meeting on Tuesday, November 12, 2013 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:07pm with the following Council Members present: Council Members Mullins, Goodgame, Bates and VanWagner. Other City officials present were: City Manager Gray, City Attorney Mantzans, City Clerk Ackroyd, and Deputy City Clerk Noak. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. ELECTION RESULTS City Clerk Ackroyd read the election results aloud. Keith E. Mullins received 684 votes and Frank J. Niemi received 642 votes for Clermont City Council Seat 4. Staff requested acceptance of the election results. Council Member Goodgame so moved; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. OATH OF OFFICE City Clerk Ackroyd administered the Oath of Office to Council Member Goodgame, Seat 2 and Council Member Mullins, Seat 4. PRESENTATIONS Fire Chief Bishop presented Brian Hawthorne with the Life Safety Achievement Award and the Fire PUP Program Award for fire prevention. PUBLIC COMMENTS Charlene Forth mentioned continuing situations with the Montessori School and also commented on recent legal matters. Wally Herda inquired on the status of the red light camera activation and yellow light sequence timing. City Manager Gray stated camera installation was m progress and beginning December 3, 2013 warning tickets will be issued. Ticketing for violations will begin on January 3, 2014. City Manager Gray commented the City is working with the Department of Transportation and Lake County regarding traffic signal timing. Jim Purvis thanked Council for their decision regarding the Kings Ridge tree vanance request. Tim Murry invited everyone to attend the Third Annual Battle of the Badges basketball game at 6:30pm on December 4, 2013 at the Clermont Elementary School. He requested those attending bnng an unwrapped toy. The Christian Men in Action will distribute the toys on Christmas Eve. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2013 REPORTS City Manager Gray announced the November 26, 2013 Regular Council Meeting had been cancelled. There will be a City Council workshop on December 3, 3013 at 6:00pm regarding impact fees and the Celebration of Praise property. A Community Redevelopment Agency meeting will be held on December 10, 2013 at 6:00pm, followed by a City Council workshop at 6:15pm regarding the Splash Park and the Interlocal Service Boundary Area Agreement. City Manager Gray stated the new interchange is open and a new traffic study will be conducted regarding the Lakeshore Drive Speed Limit request The request will be placed on the January 14, 2014 Council Meetmg agenda. He congratulated Council Member VanWagner on his twenty years in ministry. City Attorney Mantzans—No report. Council Member Bates—No report Council Member Goodgame reported the Food Providers group requested permission to place toy collection containers at the Police Station and Fire Stations. Council consensus agreed to allow the collection containers. He stated the Board of County Commissioners will hear the sand mine request on November 19,2013 and announced the Historic Village will hold a 5k Race on November 23,2013. Council Member Mullins commented the Downtown Art Festival was a success and provided the dates for the Light Up Clermont events. Council Member Van Wagner congratulated Council Member Mullins and Council Member Goodgame on their re-election Mayor Turville presented Council Member Bates with a Certificate of Completion for his participation in the Elected Municipal Officials Program sponsored by the Flonda League of Cities. 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-Council Meeting Minutes Consider approval of the Regular Council Meeting Minutes for September 10,2013 and October 8,2013 Item No. 2-Resolution No. 2013-32 Consider approval of Fiscal Year 2012/2013 Budget Amendments Item No. 3-Surplus Approval Consider approval for Fire Department to surplus 2001 Dodge 3500 truck Item No. 4-Purchase Approval Consider approval for Fire Department to purchase two defibrillators for $54,082.72 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2013 Item No. 5-Contract Approval and Budget Amendment Consider approval to piggyback contract with Orange County for purchase of a Class A Pumper through Hall-Mark Fire Apparatus, Inc. and a budget amendment m the amount of $10,000 Item No. 6-Agreement Approval Consider approval of amended agreement with American Traffic Solutions Item No. 7-Event and Sponsorship Request Consider approval of the Caribbean Club request for sponsorship, serving alcohol, and South Lake Trail closure for annual Taste of the Caribbean&Jerk Festival on June 14,2014 Item No. 8-Sponsorship Request and Budget Amendment Consider approval of the Florida Symphony Orchestra request for sponsorship for a concert at Waterfront Pavilion on December 5, 2013 and a budget amendment to transfer $25,000.00 from the Economic Development Department to the Recreation and Events Department Item No. 9-Contract Approval Consider approval to piggyback contract with Lake County for ADAAG Consulting Services, LLC for Americans with Disabilities Act accessibility auditing services Item No. 10-Approval Request Consider approval of Employee Holiday Bonus and budget amendment of $32,736.00 Item No. 11-Budget Amendment Consider approval of Web Designer/User Support position effective December 2,2013 and budget amendment in the amount of$3,997.89 Item No. 12-Appointment Consider approval to appoint Planning and Zoning Director Hollerand to the Lake County School District's Educational Concurrency Review Committee 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12,2013 Mayor Turville stated the Web Designer/User Support position, Item No. 11, was amended for a total amount of$6,857.00. Council Member Mullins moved to approve the Consent Agenda as written and amended on 11, seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS Mayor Turville announced Items 15, 16, and 17 were requested by the applicant to be tabled to the December 10, 2013 Council Meeting. Council considered the request as the first order of business for Unfimshed Business. Item No. 13-Resolution No. 2013-15, Poolside Grill City Clerk Ackroyd read Resolution No. 2013-15 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 for a restaurant in the C-1 Light Commercial Zoning District. City Manager Gray stated the Resolution had been tabled on several occasions. John Wentzel; the applicant,was not present. Council heard the matter at the end of the meeting. City Attorney Mantzaris commented since the issue came before Council on several occasions, Council could deny the request without prejudice and the applicant could re-file. Council Member Bates moved to table to January 14, 2014; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 14- Variance Request; Withdrawn Mayor Turville announced Item No. 14 was withdrawn. Item No. 15-Ordinance No. 2013-19;Final City Clerk Ackroyd read Ordinance No.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 certain parcel of land contiguous to the present City boundanes;providing for an effective date, severability,recording,and publication. Council Member Mullins moved to table the item until December 10th; seconded by Council Member Bates. The motion passed 5 to 0 on a roll call vote, with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2013 Item No. 16-Ordinance No. 2013-20;Final City Clerk Ackroyd read Ordinance No. 2013-20 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 Ordinance 2013-20 be tabled to December 10th; seconded by Council Member Bates. The motion passed 5 to 0 on a roll call vote, with all members present voting aye. Item No. 17-Resolution No. 2013-25 City Clerk Ackroyd read Resolution No. 2013-25 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 Planned Unit Development. Council Member Mullins moved to table Resolution 2013-25 to December 10th; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 18-Ordinance No. 2013-22;Final City Clerk Ackroyd read Ordinance No. 2013-22 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandomng 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. Senior Planner Henschel presented the request to vacate the utility easement on Third Street at the Highlands Mobile Home Park to prepare the site for future development. The owner will abandon the sanitary sewer main and laterals extending north into the property as a condition. The Environmental Services Department will not need the easement m the future. Staff recommended approval. A representative for the applicant was present to answer any questions. Mayor Turville opened the public heanng. There were no public comments Mayor Turville closed the public heanng. Council Member Mullins moved to adopt Ordinance 2013-22; seconded by Council Member Bates. The motion passed 5 to 0 on a roll call vote, with all members present voting aye 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2013 Item No. 19-Ordinance No. 2013-23, Final City Clerk Ackroyd read Ordinance No. 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 in conflict herewith, providing for severability,publication,recording, and for an effective date. Planning and Zoning Director Hollerand presented the request to close and permanently abandon right-of- ways within The Crossings Church vacant land located south of Verde Ridge and on the south side of Old Highway 50. The owner would like to prepare a site plan for development and the nght-of-ways need to be vacated. Staff recommended approval. Kendal Anderson; The Crossings Church Pastor, and Alex Busto; Gatorsktch Architects, were present to answer any questions. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member VanWagner moved to approve; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote,with all members present voting aye. NEW BUSINESS Item No. 20- Variance Request, Tower Medical Center Council Member VanWagner stated he received a letter from the applicant regardmg the vanance request. City Manager Gray commented the letter was sent to all Council Members. City Attorney Mantzans requested a copy of the letter be provided for the record. Senior Planner Henschel presented the request to replace the current canopy trees in the landscape buffer at 210 North Highway 27 with canopy trees not listed in the City Land Development Code. The applicant was issued a code enforcement violation for excessive pruning and fines are accruing until the trees are replaced with approved canopy trees Staff recommended denial. Dr.David Allyn; applicant,was present Paul Verlander, Verlander Landscape Architects, LLC., provided information, photographs, and a landscape plan for Tower Medical Center using Little Jem Magnolia trees. Mayor Turville opened the public heanng. Jim Purvis spoke in opposition of the request. Mayor Turville closed the public heanng 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2013 Council discussed applicant's prior variance requests, use of Little Gem Magnolia trees, water consumption and root system of the requested tree,under-tree plantings, and the location of the trees. Council Member Mullins moved to grant the variance; seconded by Council Member Goodgame. The motion passed 4 to 1,with Mayor Turville opposing. Item No. 21- Utility Services Agreement; Victoria Estates Economic Development Director Hitt presented the request for water and sewer service to property located north of State Road 50 on County Road 455. The site conforms with City Code, with the exception of the front landscape buffer. The applicant has requested a waiver for the required landscape buffer. The agreement will be conditioned on future annexation. Darcy Unroe; Civil Engineer,was available to answer any questions. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public hearing. Council inquired the proximity of the old Tower Chemical site in relationship to the project. Economic Development Director Hitt responded the site is approximately 1,200 feet from the project. Council Member Goodgame moved for approval; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 22-Letter of Request City Manager Gray stated Council; at the October 29, 2013 workshop, discussed wnting a letter to the Lake County Board of County Commissioners requesting postponement of a Conditional Use Permit request from a sand mine operation located within the Wellness Way Sector Plan until the plan is complete. The request is scheduled to be on the November 19, 2013 Lake County Board of County Commission meeting. After discussion, Council was in agreement to wnte a letter requesting postponement of the Conditional Use Permit request. Mayor Turville requested a motion to write a letter. Council Member Mullins so moved; seconded by Council Member Bates. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:34pm ATTEST: APPROVED: �i / .q `lOMviii : Tracy Ackroy ,City Clerk ' -arold .Turvi e,Mayor .7 & CITY OF CLERMONT FIRE DEPARTMENT Office of the Assistant Chief of Operations October 18,2013 To: Carle Bishop, Fire Chief From: Joe Silvestris,Assistant Chief of Operations Fire Chief, The Operations' Chief response vehicle,2001 3500 Dodge truck,Vehicle#3104,VIN #3B6KF26Z31M535268, is being traded in for a 2014 Ford Explorer Police Interceptor.The vehicle will be considered surplus and title transferred to Bartow Ford dealership in Bartow, Florida.The trade in value of the 2001 Dodge truck is$4300.00. Attached is the Quote from Bartow Ford. Best regards, Joe Silvestris Assistant Chief of Operations 439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 34711 PHONE: 352/394-7662 • FAX• 352/241-4904