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11-12-2014 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 The Clermont City Council met in a regular meeting on Wednesday, November 12, 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 Goodgame, Mullins, Bates and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member VanWagner gave the invocation followed by the Pledge of Allegiance PROCLAMATIONS Mayor Turville read and presented Dolores Gano Walker with a proclamation recognizing her contnbutions and her induction into the Lake County Women's Hall of Fame. Council Member Goodgame extended appreciation for all her years of service to the Histoncal Society. City Manger Gray announced Lake County will induct Dolores into the Women's Hall of Fame on December 2 at 9am. City Manager Gray presented a plaque to Council Member VanWagner on behalf of the City Council and citizens of Clermont for his service as a City Council Member from 2010 to 2014. City Manager Gray presented a plaque to Mayor Turville for 30 years of public service as a Council Member from 1981 to 1994 and as Mayor from 1998 to 2014. PRESENTATIONS Ann Dupee; South Lake Kiwanis Club, presented the City with a $6,194 check to rejuvenate the Palatlakaha Park. Assistant Fire Chief Sylvestns introduced nine new firefighters. Police Chief Broadway recognized Clermont Police Officers for exemplary service. Officer Oscar Razo was awarded Officer of the Second Quarter for 2014. Officer Thomas Stone was awarded the Officer of Third Quarter for 2014. State Attorney Judy Hayworth, Supervisor State Attorney Walter Forgee, and Lake County Sheriff Borders commended Detective Martinez for his role in 72 arrests relating to illegal narcotic sales. Police Chief Broadway presented Detective Martinez with the Chief's Commendation Award Mayor Turville announced the applicant requested tabling Resolution No. 2014-21 and the Woodwinds Vanance Request to December 9. Council Member Goodgame moved to table Item 6 of the Consent Agenda to December 9; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved to table the Vanance Request of Woodwinds Apartments to December 9; seconded by Council Member Mullins. The motion passed with all members present voting ave 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 Mayor Turville announced the applicant requested tabling Item 11 to January 13,2015. Council Member Goodgame moved to table the Vanance Request for 1958 Brantley Circle to January 13, 2015, seconded by Council Member Mullins. The motion passed with all members present voting aye PUBLIC COMMENTS Ms. Mamsa Sulsenti commented she was working on a Girl Scout project to collect items for local families in need and requested assistance in promoting awareness of the project. She provided a list of collection points and suggested donation items. Mayor Turville requested staff place the information on the City's website. Mathew Modica thanked the Mayor for his service. Ron Smart; Clermont Downtown Partnership, commented the Arts Festival on November 1 and 2 was the most successful one to date with 53 artists from all over the United States participating. Mary Jo Pfeiffer thanked the City Council, Police Department, Fire Department, Economic Development, Parks and Recreation, City Manager Gray, and Public Information Officer Bloodsworth for supporting the Arts Festival. Yellymary Montalvo; Vineyards of the World,requested additional lighting on Montrose Street. Ron Smart, Clermont Downtown Partnership, commented additional lighting for the downtown area had been purchased and requested the City work with the Downtown Partnership for additional solutions. Otis Taylor spoke in support of additional lighting for the downtown area REPORTS City Manager Gray reported the Lake Hiawatha Grand Opening will be at loam on November 15. A Special Council meeting will be held on November 18 at 6:00pm to swear m seats 1, 3 and 5. He announced the second Regular Council Meeting for November had been cancelled and City Hall will be closed on November 27 and 28 for Thanksgiving. He reported Cemex re-filed their application with Lake County to operate a sand mine. City Attorney Mantzans—No report. Council Member Bates commented it was an honor to work with Council Member VanWagner and a privilege to work with Mayor Turville Council Member Goodgame reported the Toyota Turkey Trot will be held on November 22 at 8am He commented it was a pleasure working with Council Member VanWagner and Mayor Turville. Council Member Mullins stated it had been a pleasure working with Mayor Turville and wished Council Member VanWagner the best. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 Council Member Van Wagner commented it had been a pleasure to work for the citizens. He stated City staff sets a standard of excellence and he enjoyed working with staff and Council He congratulated Gail Ash and Diane Travis on their election to office and wished them the best. Mayor Turville congratulated Gail Ash and Diane Travis on their election to office He commented he enjoyed his years of service and appreciated the opportunity to have served 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 Consider request to approve Request for for the Grant Qualifications award recommendation to Water Resource Associates,Inc. for Alternative Water Supplies Strategic Services and a corresponding grant in the amount of$300,000 and a budget amendment. Item No.2-Bid Award Consider request to award bid to Utility Service Co.,Inc to provide elevated water storage tanks coating and repairs m the total amount of$546,300. Item No.3-Resolution No. 2014-37 Consider request to approve Fiscal Year 2014 Budget Amendments. Item No.4-Resolution No.2014-39 Consider request to approve Public Participation Resolution Item No.5-Banking Services Agreement Consider request to approve extension of banking services agreement with Fifth Third Bank. Council Member Goodgame pulled Consent Agenda Item 4 and requested City Attorney Mantzans provide information on the necessity of the Resolution. City Attorney Mantzans stated the legislature adopted the public's right to be heard at any government entity's public meetings when final action will be taken on an issue. Clermont is second to none in allowing the public to have input in any and all matters The reason for recommending the Resolution was to formally establish a process and procedure the City has already had for years. The policy applies to all Boards in the City. The statute contains a provision which; upon adoption of a Public Participation Policy,the Council and City are insulated from potential claims 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 Council Member Goodgame moved to accept the Consent Agenda, Items 1 through 5; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.8-Ordinance No. 2014-35; Final City Clerk Ackroyd read Ordinance 2014-35 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandomng the 60 foot nght-of-way easement for Disston Avenue lying south of State Road 50 and north of Almond Street as recorded in the plat of Clermont Heights Plat Book 4 page 1 Public Records of Lake County, Flonda; repealing all ordinances in conflict herewith, providing for severability,publication,recording, and for an effective date. Senior Planner Kruse presented the request to vacate a 60 foot nght-of-way on Disston Avenue between State Road 50 and Almond Street. The existing dnveway is a private dnve which serves Leroy Pittman's property and he would like to redevelop the property in the future. The adjoining property owner to the east is the Florida Department of Transportation, which is used as a water retention area. The Florida Department of Transportation had no objections to vacating the platted right-of-way and will surplus land needed to accommodate Mr. Pittman's existing dnveway. Staff recommended approval of the request Leroy Pittman; Applicant,was present. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve Ordinance 2014-35; seconded by Council Member Goodgame. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposed Item No. 9-Ordinance No.2014-37,Final City Clerk Ackroyd read Ordinance 2014-37 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, related to medical marijuana dispensaries amending the Land Development Code of the City of Clermont by amending Section 82-12, "Land Use Definitions" providing for definitions of manjuana and marijuana dispensaries and amending Section 122-264 "M-1-Conditional Uses" providing medical marijuana dispensanes shall require a conditional use; setting forth standards and regulations for medical manjuana dispensanes; and providing for conflict, severability, codification and an effective date 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12,2014 City Attorney Mantzans stated Amendment 2 did not garner the 60%vote necessary to change the Florida Constitution. The reason to move forward with the Ordinance was due to the amendment receiving 57% of the vote and the reasonable chance the Legislature may adopt a more prolific use of medical manjuana, creatmg the need to regulate distribution sites from a zoning perspective. Staff's recommendation was to move forward with the Ordinance so there would be regulations in place for potential uses. Mayor Turville inquired if adopted and the State says it will be handled by a pharmacy as a prescnption, would the Ordinance stand in the way. City Attorney Mantzaris responded the Ordinance defines medical marijuana dispensaries specifically Traditional pharmacies filling medical prescnptions written by medical doctors would not be considered a medical marijuana dis ens The keywould be to have a dispensary full-time pharmacist on duty at the location. Council Member Goodgame expressed concern regarding no limitation on the number of establishments dispensing medical marijuana and the City's inability to designate a sole provider for medical marijuana City Attorney Mantzans stated the Ordinance does not specifically limit the number of establishments; however from a zoning perspective there are limited locations where a dispensary may be established. Planning Manager Henschel presented the specifics of the Ordinance to regulate medical manjuana dispensanes, limiting their location to properties within the Ml Industrial zoning distnct and requiring a Conditional Use Permit. A location-withm 250 feet of a church or a school would be prohibited. Mayor Turville opened the public heanng. Hope Lamb expressed concern regarding the public safety aspect of medical marijuana. Bob Bowman thanked Mayor Turville for his years of service. He requested Council change the distance from a church or school to 1,000 feet. Mayor Turville closed the public heanng. Mayor Turville suggested tabling the Ordinance. CouncilMember Goodgame suggested denying the Ordinance. Council Member Mullins expressed concerns regarding the Ordinance City Attorney Mantzans reminded Council the dispensaries would only be approved as Conditional Use Permits. Council Member Goodgame suggested including parks, schools and churches in the distance prohibition and changing the distance to 2,000 feet. Mayor Turville suggested disallowing medical marijuana dispensaries City Attorney Mantzans commented staff proposed the Ordinance with the understanding there was a reasonable chance the dispensanes would be authorized as part of the Florida Constitution. Once something is part of the Flonda Constitution, municipalities lose much of their ability to regulate Staff can withdraw the Ordinance and investigate if the City can ban the dispensaries or wait and see what action the Legislature takes 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 Council Member Mullins suggested adding the requirement of sales only by a licensed pharmacist. City Attorney Mantzans stated pharmacists were licensed by the State, and the City; from a licensing perspective,may not have the ability to say who can sell Council Member Mullins suggested tabling and modifying the Ordinance. City Manager Gray suggested withdrawing the Ordinance Staff withdrew the Ordinance. NEW BUSINESS Item No. 10-Variance Request Senior Planner Kruse presented the vanance request to allow a rear yard setback of five feet to install an in-ground swimming pool and deck at 1216 Shorecrest Circle. Staff recommended denial of the vanance request. Applicant Jennifer Rickards was present to request approval. Mayor Turville opened the public heanng. David Allen; Enckson Pools, commented typicallyutility easements are not excluded from setbacks for swimming pools. Jim Purvis spoke in opposition of the request Mayor Turville closed the public heanng. Council Member Mullins questioned if the deck met City Code regarding impervious surface. Senior Planner Kruse stated if the vanance was approved,the impervious surface would be maximized. Mayor Turville stated the ordinance was wntten to diminish the impact on the neighbor Council Member Goodgame inquired how close to the property line was a screen enclosure allowed. Senior Planner Kruse stated a screen enclosure must meet the same setback requirements established for building structures. Council Member Bates expressed concern regarding the trees and root systems. Council Member VanWanger questioned what was behind the rear lot line. Ms Rickards stated a chain link fence separated the property and the neighbor has a pool and was supportive of the request. The neighbor to the nght also has a screened in pool. Mayor Turville noted he would like a more adequate photograph of the property. Council Member Mullins was in favor of tabling the request and have staff research for any pnor vanances on the property next door 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 City Attorney Mantzans stated with any vanance, Council should look at similarly situated properties and how they have been treated by the City Council Member VanWagner supported the request. Council Member Mullins moved to table the vanance request to December 9; seconded by Council Member Goodgame. The motion passed 4 to 1, with Council Member VanWagner opposed. Item No. 12-Joint Agreement City Manager Gray presented the background and need for a point fire station to be operated by the City and Lake County. The County must relocate from their temporary Fire Station on Highway 50 and County Road 455 and the City has a need for a Fire Station on the east side of Clermont. The jomt fire station is part of the Interlocal Service Boundary Agreement discussion with Lake County. Lake County will acquire two acres of land,nght-of-way, and construct the Hartle Road extension at their expense. The City will construct water and sewer at the City's expense. The County and the City will split construction costs. Lake County will pay for the utilities and the City will maintain the lawn, building, telephone system, and HVAC. Repair or replacement expenditures over $5,000 will be split equally The jomt fire station will reduce initial costs, expedite service to the area, allow quicker response to emergencies,and have a positive impact on the City's ISO rating Council Member Goodgame stated a motion should include the agreement being subject to the Interlocal Service Boundary Agreement, and Lake County and Semmnger's agreement not restncting the City from developing Hooks Street through Senninger's property City Attorney Mantzaris stated the agreement only states Lake County is obligated to obtain the property at their expense. Fire Chief Bishop was available to answer questions. Mayor Turville opened the public heanng. Jim Purvis asked if there was an escape clause should Lake County or the City withdraw City Attorney Mantzaris stated the agreement does not have an escape clause; once the property is acquired and the building constructed, the County will deed one half of the interest in the building and property to the City. The agreement contains a dispute resolution provision which provides for a process to handle disputes. Council Member Goodgame moved for adoption of the Joint Agreement for a Fire Station, subject to Lake County approval of the Interlocal Service Boundary Agreement on December 2; seconded by Council Member Mullins. The motion passed with all members present voting aye 7 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2014 Item No. 13-Ordinance No. 2014-38,Introduction Mayor Turville read Ordinance 2014-38 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda,under the Code of Ordinances of the City of Clermont, granting a garbage collection franchise to WCA Waste Corporation; 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 Goodgame moved to introduce Ordinance 2014-38, seconded by Council Member Mullins.The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 9:10pm. APPROVED: ,00 digegife Gail L. Ash,Mayor ATTEST: Tracy Ackroy , City Clerk 8