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08-14-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 14, 2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Biddle, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk Studdard. Mayor Turville stated that Council Member MacLauchlin would not be present due to illness. INVOCATION The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held Jul)~ 24, 2001. , REPORTS City Manager Saunders' Report City Manager Saunders read a report regarding the Police Department. City Attorney Guthrie's Report City Attorney Guthrie explained that City Staff and Council Members cannot respond to media questions regarding ongoing investigations in the Police Department due to Florida Statute, Chapteis 112 & 119, which limits disclosure of investigations of police officers. City Attorney Guthrie then stated that there is a current code enforcement issue regarding Gerald Jones. He stated that Mr. Jones has served the City with a petition using a relatively new provision of the law called the Land Use and Environmental Dispute resolution process because he is unhappy with a code enforcement action taken against him. Mr. Guthrie recommended that he and Staff meet with Mr. Jones' attorney to attempt to resolve the issue and if that is not possible then they can work with Mr. Jones' attorney to appoint a mediator. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 2 Mayor Turville's Report Mayor Turville stated that he has recently met with Minneola Mayor Balanoff regarding Joint Comprehensive Planning and that they have agreed to have both cities meet to discuss common issues. Mayor Turville then suggested to the Council that he and the City Manager should meet prior to advertising agenda items for City Council meetings to determine how much can be accommodated at each meeting due to the recent problem of meetings running late into the night, and that he would also like to meet with City Manager Saunders to create a policy allowing lengthy agenda items to be heard at an additional meeting each month. It was the consensus of the City Council to do so. NO OTHER REPORTS CONSENT AGENDA Mayor Turville stated that Item #8 of the Consent Agenda needs to be tabled for further changes. Mayor Turville read the remainder of the Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item I - Bid Award 2001 Street Tree Maintenance Bid Item 2 - Amendment-Boyle Engineering Amendment No. 1 to Agreement for Engineering Services for East Wastewater Treatment Facility Expansion Item 3 - Change Order-Gibbs & Register Desoto Street Drainage Improvements 'Item 4 - Mutual Aid Agreement Approval of Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement Item 5- YMCA Dance Schedule Approval Approval of Fall/Winter Dance Schedule to be held at Jenkins Auditorium Item 6 - Fire Station #2 Closeout Approval Item 7 - Final Plat Approval College Park Phase I CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 3 Item 9 - Final Plat Approval Sussex at Kings Ridge Council Member Renick stated she did not wish to pull any particular item for discussion, but that she would like to discuss final plat approvals. She stated that she feels that the City Council is being put into a position to approve plats on a routine basis, but that she understood there is no other option. City Attorney Guthrie stated that is correct, that if a plat meets the standard requirements for plats and zoning regulations the City really has no other option. Discussion followed regarding the responsibility to ensure that these plats are correct. City Attorney Guthrie stated that the City's responsibility lies in making sure that the surveyor and review surveyor have signed off on plats and that the City should continue with its current procedure. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to approve Items One Through Seven and Item No. Nine qf the Consent Agenda. A motion was made bp Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to table Item No. Eight of the Consent Agenda. UNFINISHED BUSINESS Mayor Turville stated that a letter had been received from Mr. Crawford of Gray, Harris, Robinson, Hovis, Boyette & Crawford requesting that the next two agenda items be postponed. Mayor Turville asked if there was anyone present to speak regarding this issue. None spoke. Developer's Agreement A motion was made by Council Member Biddle, seconded by Council Member Mullins and carried unanimously to table the Developer's Agreement until the City Council meeting of August 28, 2001 (time certain). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 4 Ordinance No. 427-M - Final Reading ,4 motion was made by Council Member Biddle, seconded bv Council Member Mullins and carried unanimously to table Ordinance No. 427-M until the City Council meeting o_f August 28, 2001 (time certain). Clermont Historical Society - Lease Agreement Mayor Turville stated that the City has received a request to table this item as well. City Manager Saunders stated that the City has met with the Historical Society regarding this issue and that Mr. Rick McCoy has donated his time to prepare a conceptual site plan of the second site discussed. He stated that the Society's request for postponement is to allow them an opportunity to review this plan and that the City Council will receive this information prior to the next City Council meeting. A motion was made bP Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to table the Clermont Historical Society Agreement to the City Council meeting o_f August 28, 2001. Ordinance No. 432-M - Final Hearing Mayor Turville read the ordinance by title only. City Manager Saunders proposed adding a condition stating that this ordinance be effective after the dedication of right-of-way for Citrus Tower Boulevard south of Johns Lake Road as described in the Planned Unit Development (PUD). City Attorney Guthrie stated the condition could be added making the ordinance effective upon execution of the dedication as City Manager Saunders stated. Cecilia Bonifay, attorney for applicant, stated the applicant would agree to the dedication for Citrus Tower Boulevard upon approval of the multi-family adjacent to Tract 'G'. City Manager Saunders stated the approval for this multi-family was given in the PUD. Cecilia Bonifay then stated reasons for the current request. Mayor Turville asked if anyone else wished to speak on this issue. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 5 A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously by roll call vote to adopt Ordinance No. 432-M, as amended. VISITORS WITH BUSINESS Lost Lake Reserve - Discussion City Manager S aunders gave a summary of the project and stated that the purpose of this discussion is to determine if there is consensus among the City Council to move forward with the developer's request for a Community Development District (CDD) for the property known as Lost Lake Reserve located south on Highway 27, just north of the King's Ridge development. Cecilia Bonifay, attorney for the applicant/developer, spoke regarding the request. She stated that a CDD of less than 1,000 acres is decided solely by the local government in that jurisdiction. She stated that the City Council has seemed hesitant at earlier meetings to go forward with advertisement for this request and that the developer would like to discuss issues in order to determine if they can move forward at this time. Ms. Bonifay then spoke regarding the CDD being a financial tool to provide funds for the roads to be built faster than without it, and spoke regarding the County's desire to have Steve's Road be 4-lane but not being forthcoming with funding for that to occur. She then asked the City Council if there were any questions and asked for the request for CDD to be placed on a future agenda. She also briefly addressed the Inter-Local Agreement that had been provided to the City Council. Mayor Turville asked if anyone wished to speak regarding this issue. Steve Davenport, 8540 Cathedral Lane, spoke on behalf of First Christian Church in support of this request due to their need for Citrus Tower Boulevard. Frank Caputo, 3917 Scarborough Court, spoke in support of the request. Bob Stroble, 3813 Scarborough Court, spoke regarding differences between roads being built with and without the CDD. Mayor Turville asked what portion of the assessments would be passed to the homeowners. Ms. Bonifay stated the developer would use short-term bonds and pay the debt. Mayor Turville stated that a Community Development District is basically a City within a City and that they are typically very difficult to work with for its residents and the City. He further stated that the City would be unable to force the Board of the CDD to honor the Inter-Local Agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 6 Ms. Bonifay stated that the initial CDD Board would be appointed by the developer. Harry Lerner of WestShore Development Group, the developer of Lost Lake Reserve, stated that the CDD would provide funds to get the roads built but would not place assessments on the homeowners. Mayor Turville stated that the law gives the CDD Board the power of control of the community. He asked Mr. Lerner whose money would retire the bond debt. Mr. Lerner stated the developer would repay the debt from sales and would also pay the interest between sales. Mayor Turville asked what the advantage is of a CDD if the debt is not passed to the residents. Mr. Lerner stated the advantages are the interest rates and the length of the loan. Council Member Mullins asked who would own and maintain the streets after the community is complete and who would pay for landscaping maintenance. Mr. Lerner stated the park would be dedicated to and maintained by the City, Citrus Tower Boulevard would be owned by the County and maintained by the City, Steve's Road would be the same and the landscaping maintained by the CDD or Homeowners' Association. Council Member Mullins asked if the residents would pay a monthly fee. Mr. Lerner stated there would be a fee comparable to the homeowners' fee paid in any other community. Council Member Renick pointed out that the report provided to the City Council states that the Petitioner only contemplates issuing only short-term bonds. Ms. Bonifay stated that the language would be changed from 'contemplates to 'will issue'. Council Member Renick stated she had understood that Citrus Tower Boulevard, Steve's Road and then the park would be the items paid for, but that others had been added. Mr. Lerner stated they did add the significant cost for the linear park and that their financial advisors had suggested the additions to get some size and magnitude for the bonds. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 7 Council Member Renick asked if the CDD Board could pass the short-term bond debt to the homeowners if the developer cannot repay it. Mr. Lerner stated that the bond debt cannot be reassessed based on Florida Statutes regarding 'A' Bonds and stated that the amount initially set for homeowners cannot be changed. Mayor Turville asked who would be responsible for repayment of that debt if the developer cannot repay it. Mr. Lerner stated it is no different than bank debt, there would be foreclosure of the unsold lots by the bondholders. Discussion followed regarding financing for the project. Council Member Mullins then stated that the purpose of tonight's discussion was to determine if there was a consensus to place this request on a future agenda. Mayor Turville stated he did not wish to have a City with a governing body of its own within this City. Council Member Mullins asked if it is legal to convert a CDD to a HOA at some point. Mr. Lerner stated he would find out and provide comparisons between CDDs and HOAs at the hearing for this request. Mayor Turville stated there are County funds available to build the roads necessary. Ms. Bonifay stated it would require County approval and that the information given to her is that the building of these roads is not a priority for the County. City Manager Saunders stated that Mr. Fred Schneider of the County had stated that he felt the funding would be available and that the South Lake connection is their first priority in south Lake County and that this would be an extension. Council Member Mullins stated he would like to get a firm answer as to what the County will do and asked if the City Council should go forward with the request in order to find out. City Manager Saunders stated the developer could attempt to provide an agreement with the County for funding. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 8 Gerald Smith, Chairman of the Lake County School Board, 706 Sunset Cove, encouraged going forward with this project and spoke regarding CDDs versus HOAs. A motion was made bp Council Member Mullins, seconded bP bi Council Member Biddle, and died by a vote qf two to two to move forward with advertising for a public hearing_for this request_for CDD, with Mayor Turville and Council Member Renick being the opposing votes. Council Member Renick stated this request could be tabled until after a workshop could be held with the County in order to obtain answers to questions. Council Member Biddle stated it is important to have this workshop with the County in order to prevent the CDD if it is not necessary for the road construction. A motion was made by Council Member Biddle, seconded by by Council Member Mullins, and carried unanimously to table this request to allow the City Council time to have a workshop meeting with the County prior to hearing this request. Variance Request - Cambridge Homes City Manager Saunders recommended postponement of this request until the next City Council meeting in order to obtain more information. A motion was made by Council Member Biddle, seconded bP Council Member Mullins, and carried unanimously to table the variance request until the City Council meeting o_f August 28, 2001. Hollis Engineering - Request for Water Services City Manager Saunders stated that this request is for the new Clermont Baptist Church site on Old 50 just west of the Arrowhead subdivision. He stated that the City currently is serving the site just west of this site, which was a part of the Greater system that the City inherited. He further stated that this would be a relatively small user. City Manager Saunders stated that Staff recommends providing potable water to this site but not irrigation water. Council Member Renick stated that while she understands the City's recommendation for potable water only she felt it would be better to serve both potable and irrigation as originally requested in order to better keep track of water usage. Mayor Turville asked if anyone would like to speak regarding this issue. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 9 Bob Warner, 8170 Cherry Lake Road, representative of Clermont Baptist Church, the applicant, spoke regarding the project in relation to water services. City Manager Saunders stated the recommendation to provide potable water only has been customary with larger projects in the recent past in order to avoid using the City's allocation of potable water for irrigation purposes. Council Member Renick stated she understood that commercial projects had been required to provide their own irrigation wells in the past but that she had been uncomfortable with that for some time and felt the City could keep a better watch on water consumption by supplying all sources. A motion was made bY Council Member Renick, seconded by Council Member Biddle, and carried unanimously to approve the request to provide water to the Clermont Baptist Church site as requested. NEW BUSINESS Construction Manager Selection City Manager Saunders stated that last month's request for proposals for a Construction Manager for the new City Hall had resulted in ten responses and that the appointed Review Committee had interviewed three of the ten firms. He stated that the Committee is now recommending PPI Construction Management as the first choice for this project. He stated that they are very qualified to perform this service and are currently working in this area providing services to the University of Central Florida project. He then listed some of the tasks the firm would handle for the City and requested that the City Council authorize Staff and the City Attorney to negotiate a contract that would not exceed the proposed amount of $166,000.00. John Carlson, President of PPI Construction Management, introduced Mr. Mark Gordon, who would be the actual construction manager for the project. Mr. Carlson spoke regarding the history of the company and stated they were happy for this opportunity. Discussion followed regarding Mr. Gordon's qualifications. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to authorize Staff and City Attorney to enter into contract with PPI Construction Management_for services as Construction Manager for new City Hall, not to exceed the proposed amount of $166,000.00. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 10 Florida League of Cities - Appointment of Delegate City Manager Saunders stated that this is appointment of a delegate is for the Florida League of Cities Annual Business Meeting. Council Member Renick stated she is planning to attend some meetings at the conference but is not planning to be there to vote. It was the consensus of the City Council to extend the authority of the City's vote to Council Member Renick if she chooses to attend. A motion was made by Council Member Mullins, seconded bY Council Member Biddle, and carried unanimousl_¥ to extend the authori~_ of the CitF to Council Member Renick as its voting delegate at the Florida League of Cities Annual Business Meeting. Mayor Turville asked if anyone wished to speak to the City Council on any other issues. Abraham Torres, 2007 Crestridge Drive, spoke regarding the new tiered water rate structure and asked if the City will be lowering the rates of the east side. Mayor Turville stated that the City is compiling data in order to determine if the east and west rate structures can be equalized. He stated that it is difficult to determine right now due to the recent rainfall and conservation efforts. He stated that the west system may be in need of repairs soon, which would increase the rates as well. He further stated that it would require a minimum of three months to reach this determination and that the tiered rate system itself would remain in place. Discussion followed regarding the new rate system. Mayor Turville requested that Staff advise Mr. Torres when this item is placed on a future agenda. Sterling Frye, 1647 First Street, requested an update of the Center Lake project. City Manager Saunders stated that the recent rains have slowed the project and that last week the St. Johns River Water Management District had effectively shut down the project by stating that dewatering cannot take place within 24 hours of a rain event. He stated that at this point the project would probably be on hold for at least a month due to this situation. Mr. Frye asked if Sunset Lake is the only lake the water is being pumped to. City Manager Saunders stated that Sunset Lake is the primary site with two alternates being discussed. He stated that the City Engineer is looking at other alternatives as well. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 , Page 11 Charlene Forth, 939 W. Desoto Street, spoke regarding recent and past issues within the Police Department. Peggy Weatherbee, 2120 The Crescent, spoke regarding past issues within the Police Department. Tim Hollenbeck, 1120 Minneola Avenue, spoke regarding Officer Kim Green's taking of his sign, the resulting apology letter and Officer Green's record. Delinda Green spoke regarding Lieutenant Cheatam and her husband's employment and regarding press items. Maurice Eubanks, 611 5th Street, spoke regarding Officers Kaplan, Wells, and Mullan and police harassment. Wayne Weatherbee, 899 Montrose Street, spoke regarding his history of problems with the Police Department as well as the parking issue in front of his place of business. Andrew Auld spoke regarding internal problems within the Police Department. Crystal Mooney, 1120 Minneola Avenue, spoke regarding the Police Department's harassment of the Hollenbeck family. Rodney Lyons, 173 Broome Street, spoke regarding the Code Enfomement notice he received due to his inability to mow an area of his property because there are clippings from the daycare next door as well as construction debris on his property. He stated that Public Services cannot give him a date when this can be picked up and he does not wish to pay fines, therefore he requested that the City Council let him know when he can expect it to be picked up. Carl Caples, Montverde, FL, spoke regarding his termination and his belief that the appeals process was not adequate. Esther Dory, 670 Disston Avenue, spoke regarding her son's arrest and the circumstances surrounding it. Roy Osteen, spoke regarding son being fired at Police Department. Jerry Suntag, 9903 Jacaranda Street, stated he was arrested by Lieutenant Cheatam and that he and the Police Chief had intimidated him. Linda Charlton spoke regarding letters sent to the City Council and provided copies of one for the record. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2001 Page 12 Council Member Renick stated she had received a suggestion that an independent investigation be conducted by an outside agency in order to clear all allegations. Mrs. Wilkerson spoke regarding a No Trespass Order being given to her husband for improper softball field use. There being no further business, the meeting was adjourned at 10:45 p.m. Attest: Jos~E. V~erk