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01-28-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2014 The Clermont City Council met in a regular meeting on Tuesday, January 28, 2014 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 Mayor Turville announced changes to the agenda Item No. 11 Ordinance 2014-03 Final Heanng has been requested to be tabled to March 25, 2014. City Clerk Ackroyd read aloud Ordinance 2014-03 by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant,to the Local Government Comprehensive Planning Act, Chapter 163, Part-II, 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 Com p rehensive 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 table Ordinance 2014-03 Final to March 25; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville noted Item No. 15 Resolution 2014-02 has been withdrawn PRESENTATIONS City Clerk Ackroyd admimstered the oath of office to Assistant Fire Chief of Operations,Kathy Johnston. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, Kmgs Ridg e held an event last weekend to raise funds for Hospice.They raised$25,000. Charles Weatherbee, 1555 Lake Avenue, expressed concern with Mr. Falzon's continued efforts to claim ownership of lakefront property opposite his home at 1375 Lake Avenue This began m 1999 and provided a bnef history of the situation He requested the City Council to take action. City Attorney Mantzans clanfied the comments attnbuted to him and empathized with the situation Staff has reviewed the records and it is clear from the title work the property in question is owned by the City of Clermont. Mr. Falzon placed no trespassing signs on the property. The city removed the signs and will continue to maintain the property and claim ownership and entitlement to the property. T 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28,2014 The city can initiate litigation against this property however would be proving ownership that is currently existing in the title records and would be an appropnate use of public funds. The city is acting affirmatively to claim ownership of the property. If someone believes they are entitled to the property, they would have to pursue litigation to the city as the nghtful owner to the property. City Attorney Mantzans stated the city's entitlement of ownership that exists between the lake and the shore is due to special acts adopted by the Legislature in the early 1900's The property was given to the City of Clermont by the State of Flonda. Furthermore, he suggested the city continue to assert ownership nghts to the property by visually acting as the owner of the property to mclude maintenance, fencing, signage, or use it for improvement to better the area. Council Member Goodgame moved to instruct the City Manager to take action as necessary to indicate it is the city's property: seconded by Council Member Mullins. The motion passed with all members present voting aye. Jim Purvis, 4206 Hammersmith Dnve, suggested the city ascertain ownership and prefers additional improvements instead of a fence Fire Chief Bishop commented on the history of the lake and typically the property in question is under water however the lake levels have been low m recent years. Tim Murry, 874 Desoto Street, thanked the public for the use of the Waterfront Pavilion for the Martin Luther King Day event. REPORTS City Manager Gray reported there will be an Executive Closed Session on February 11, 2014 at 6:15pm to discuss Fire and Police union contracts. Also, there has been a schedule conflict of the annual Council retreat and suggested a senes of workshops to address the issues. The next workshop is scheduled for February 25 at 6:00pm to discuss the church property purchased on Highway 27. Furthermore, Lake County would like to schedule a joint meeting with the City Council in April to discuss the sector plan. City Clerk Ackroyd reported on the new automated agenda. This provides the public with access to the entire agenda packet from the city's website. City Attorney Mantzans—No report Council Member Bates—No report Council Member Goodgame expressed concern with issuing red light violations for a nght turn on red and would like for staff to meet with Amencan Traffic Solutions(ATS)to discuss the issue. Council Member Van Wagner stated he does not want any additional red light cameras installed Mayor Turville noted this was fully discussed for years and does not support the red light cameras Council Member Bates noted his concern for safety. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28,2014 The Council expressed concerns and directed the City Manager and City Attorney to move forward with meeting with the American Traffic Solutions (ATS) representatives. The Council also expressed interest in meeting with them, if necessary. Council Member Mullins—No report 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-Contract Approval Consider approval of the Water, Wastewater and Reclaimed Water Scope of Service proposal from Tetra Tech in the amount$242,174 Item No. 2 - Contract Approval and Budget Consider approval of assigning the Amendment , remaining _design and construction services related to phase 1B of the Lake Hiawatha Preserve project from AECOM to Tetra Tech in the amount of$160,000 and a budget amendment in the amount of$160,000. Item No. 3 - Lease Termination Agreement and Consider approval of the Lease General Release Termination Agreement and General Release with Nextel South Corp., a Georgia corporation located at 1102 Bloxam Avenue Item No. 4 - Pig on the Pond-Sponsorship and Consider approval of sponsorship of the Budget Amendment Pig on the Pond event scheduled for March 7 - 9, 2014 in the amount of $30,000 and a budget amendment Item No. 5- CFT Sommer Sports Sponsorship and Consider approval of sponsorship of CFT Budget Amendment Sommer Sports events for 2014 in the amount of $15,000 and a budget amendment Item No. 6 - Purchase Approval and Budget Consider approval to purchase an Amendment automated sideloader garbage truck from Crane Camer in the amount of$287,916 and a budget amendment in the amount of$287,916. r 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28,2014 Item No. 7-Purchase Approval Consider approval to purchase five Police Department vehicles from Don Reid Ford in the amount of$118,475. Item No. 8 - Budget Amendment and New Consider approval of new positions in the Positions Planning and Zoning and Fire Departments and a budget amendment in the amount of$736,269. Item.No. 9 - Establish a Citizens Advisory Task Consider approval of the recommended Force(CATF) appointees - Tim Murry and Edward Shelton -for the Citizens Advisory Task Force (CATF) as required by the Community Development Block Grant (CDBG) City Manager Gray clanfied the amount in item 2 should be $160,000; Items 4 and 5 are sponsorships for Pig on the Pond and Sommer Sports and would like to add the language"up to"the amount. Both are funded in the budget. Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 10—Lakeshore Drive Police Chief Broadway reported on the request for the installation of speed tables and to lower the speed limit on Lakeshore Drive. The request is from residents living on and in the vicinity of Lakeshore Drive. On the June 11, 2013 Council meeting, the Council requested staff to conduct a survey and report on the recommendations.The Police Department deployed the radar trailer on Lakeshore Drive during the US 27 and Highway 50 construction. The radar trailer recorded motorists traveling westbound on Lakeshore Dnve to the east of Winona Bridge at an average speed of 23.6 miles per hour. After the interchange construction was completed the end of October, the Police Department deployed the radar trailer on Lakeshore Drive to attain the post construction number for a comparison. The average speed was 26.8 miles per hour. Economic Development Director Hitt reviewed recommendations to not lower the speed limit or install speed tables. Staff recommended installing one stop sign at Lakeshore Dnve and East Avenue to create a g P � 3 way stop intersection. Also, recommended sidewalks, street lights and coordinate with Lake County to redesign the Hooks Street and Lakeshore Dnve intersection for access and safety. City Manager Gray su gg ested bnnging the recommendations to Council through the budget process. Mayor Turville opened the public hearing. Steve Haas, 788 W. Lakeshore Dnve, disagreed with the recommendations by staff and requested speed tables He further noted Lakeshore Dnve has become the bypass for State Road 50 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2014 Lorinda Haas, 788 W. Lakeshore Drive, expressed safety concerns Jim Purvis, 4206 Hammersmith Dnve, suggested an 18 inch wide cobblestone path for more of a residential neighborhood appearance. Mayor Turville closed the public hearing. Mayor Turville suggested speed tables on either side of the bridge. Council Member Bates requested a cost estimate of the stop signs and speed tables. Council Member Mullins noted sidewalks are needed m the lon g term. Staff will return to Council with the cost analysis. Item No. 11—Ordinance No. 2014-03;Final Hearing This item was tabled to March 25,2014. Item No. 12—Ordinance No. 2014-01;Final Hearing City Clerk Ackroyd read aloud Ordinance 2014-01 by title only. An Ordinance of the City of Clermont, Lake County, Florida amending Code of Ordinances Chapter 2, "Administration" Article VI, "Financial Matters" Division 2 "Impact Fees"; amending section 2-264 "Impact Fee Schedule" providing for a new impact fee schedule; providing for liberal construction; repealing all ordinances or parts of ordinances in conflict with this ordinance to the extent of such conflict; providing for severability, and providing for an effective date. Finance Director Van Zile reported on the proposed ordinance to update the city's impact fee schedule. The city currently charges impact fees for police, fire, recreation, water and wastewater. These fees are charged to new residents m the city The update is based on a study from the consulting firm Public Resources Management Group. The study is recommending water and fire impact fees be increased and decrease to wastewater, police and recreation impact fees as well as change the application method of calculating the water and sewer fees. Murry Hamilton, Public Resources Management Group, provided a summary of the impact fee study He recommended approval of the proposed ordinance which includes an increase in fire and water impact fees effective May 1, 2014 and implement the decrease in sewer, police and recreation impact fees effective February 17,2014. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng. City Manager Gray noted impact fees are governed by State Statutes 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2014 Council Member Mullins moved to adopt Ordinance 2014-01: seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote NEW BUSINESS Item No. 13— Variance Request Trapp Planner Kruse presented the request for a vanance to allow for the construction of a new single family residence with a reduction of the rear yard setback from 25 feet to 15 feet. The applicants' lots are zoned R-3, which has a rear yard structure setback of 25 feet. The lots were platted with access from Lakeshore Dnve, which does not exist at the present time. An access dnveway to serve the 7 lots in the area was installed and runs through a portion of the lots. This access is used as the pnmary means of ingress and egress for the lots, which runs through the applicants' property. This access drive has restricted the placement of the proposed structure on the property. This applicants desire to provide a safe means for pedestnan and vehicular traffic in the area by keeping the proposed structure as far as possible from the access driveway and the South Lake Trail. In order to accomplish this,the structure will be located within the 25 feet rear yard setback The property is located on Lake Minneola and there will be no rear neighbors. The proposed single family residence will still meet the setbacks for the front yard, side yard, and mean high water line. Staff recommended approval. Joseph Trapp, 1146 Lake Minneola Road,applicant,was present to request approval. Mayor Turville opened the public hearing. Daryl Bishop, 2255 S. Lakeshore Drive, owns property adjacent to this property expressed opposition to the variance. Mayor Turville closed the public heanng. Council Member Goodgame declared Bnan Hess is an adjacent property owner and his notification from the city was sent to his Ohio address. He is unable to attend this meeting and requested to table until he can return in two weeks. Mayor Turville responded that staff sent the notification to the address on file. He expressed support for the vanance request and noted a 25 foot minimum set back is required by law and the city put in an access road through it.The applicant is asking permission to build his house. Council Member Bates inquired if there is a safety issue City Attorney Mantzans stated it does not encroach into the high water line. Mr.Trapp commented this is an average size home. Council Member Van Wagner concurred with Mayor Turville Council Member Mullins moved to grant the vanance requested: seconded by Council Member Van Wagner. The motion passed 4 to 1 with Council Member Goodgame opposing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28,2014 Item No. 14—Resolution No. 2014-01 Palm Tire Automotive City Clerk Ackroyd read aloud Resolution 2014-01 by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow an automotive repair center in the C-2 General Commercial Zoning Distnct. Senior Planner Henschel presented the request for a Conditional Use Permit for an automotive repair center. The applicant has adjusted the plan to 8 bays for service, a sales office, and inventory area for parts.The bays will face north and south,not toward Highway 27. The hours of operation will be Monday to Fnday 8am to 5pm and Saturday 8am to 12pm The Planning and Zoning Commission recommended approval with condition to reduce to 8 bays. Staff recommended approval. Applicant,Matt Graham, 927 5th Street, was present and available for questions. Mayor Turville opened the public heanng. Gail Ash, 3365 Salemon Lane, expressed concern with the number of car repair shops in the city Jim Purvis,4206 Hammersmith Drive, inquired what is adjacent to the south property. City Manager Gray responded orange groves are located in that area. Mayor Turville closed the public heanng Council Member Mullins commented the City previously gave parking permission to the feed store located to the north. He spoke in favor of the Palm Tire request and suggested readdressing the parking situation. Council Member Goodgame questioned whether there would be any cars parked overnight. City Attorney Mantzaris stated the proposed Conditional Use Permit has language that no outside storage of any vehicles shall be allowed except for vehicles awaiting immediate repair. Council Member Goodgame moved for approval; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 15—Resolution No. 2014-02 Starchild Daycare Center A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a daycare facility in the C-2 General Commercial Zoning District. This item was withdrawn. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2014 Item No. 16—Ordinance No. 2014-08 Introduction City Clerk Ackroyd read aloud Ordinance 2014-08 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; providmg 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 _introduction of Ordinance 2014-08; seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 9.23pm APPROVED: 410111P1400 - rold S.Turville,Mayor ATTEST: /� i✓ Tracy Ackro dd,City � . ` , � 8