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03-13-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 13, 2007 The Clermont City Council met in a regular meeting on Tuesday, March 13, 2007 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Brown, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of February 13, 2007. Council Member Goodgame moved approval of February 13 meeting minutes as written; seconded by Council Member Hogan. The motion passed with all members present voting "aye". REPORTS City Manager Saunders reminded Council of the joint meeting between Lake County and with the cities of Clermont, Minneola, and Montverde to discuss the impact of the roads in south Lake County to be held at Lake Sumter Community College. Attorney Yvette Brown was present on behalf of City Attorney Mantzaris. Council Member Hogan reported the Water Alliance meeting has been postponed to March 21 at 5:30pm for all elected officials in the area. Council Member Goodgame attended the MPO Transportation seminar at Lake Sumter Community College along with City Manager Saunders and Planning Director Hitt. The meeting provided information to the public about funds that can be raised through sharing to pay for new roads. It was noted that county impact fees for roads had not increased in approximately 6 years. Also, the Highway 27 and State Road 50 interchange estimated cost was $23 million and the current figure is $50 million. The South Lake Kiwanis and Clermont Kiwanis Club will have a joint prayer breakfast at 7:30am on May 3`d at the Jenkins Auditorium and invited all to attend. Council Member Mullins reported on the Sales Tax Oversight Committee. They met to review the sales tax revenues spent and will be reporting to the County Commission in April. All cities seem to be spending the funds properly. Council Member Berlinsky - No Report Mayor Turville complimented the Pig on the Pond event. Council Member Goodgame complimented David Vandever, Transportation Supervisor, for doing an outstanding job at the Pig on the Pond event. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 13, 2007 PUBLIC COMMENTS Tim Robinson, Elite Car Wash, commented he approached Council approximately 2 months ago requesting consideration for a rebate on impact fees and noted he has not heard a response from staff. City Manager Saunders noted he will check with staff and asked him leave his contact information with Assistant City Manager Gray. 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-Event Request Request by the South Lake Chamber of Commerce to utilize parking spaces on Montrose Street for the scheduled March 23 and June 17 2007 expos Item No. 2 -Task Order Request approval of a Task Order from Boyle Engineering for Professional Engineering Services for the Public Services Building Generator and Transfer Switch Council Member Mullins moved approval of the consent agenda; seconded by Council Member Goodgame. The motion passed with all members present voting "a_ UNFINISHED BUSINESS Variance Request -Kings Ridge Professional Center Mayor Turville remarked the applicant has requested this item be tabled. Council Member Goodgame explained that one of the main concerns is the landscape barrier and possible fencing between Kings Ridge Professional Center and the Kings Ridge Community. He further noted that Wayne King and Mr. Langley have met with the Kings Ridge Homeowners Association President and are trying to compose a legal agreement as to how this will be paid. This process will take time. Council Member Goodgame moved to postpone the variance to April 10; seconded by Council Member Mullins. Mayor commented that at the last Council meeting, someone asked to speak on this topic. We could not hold a hearing because the applicant was not present and we are in the same position tonight. Mayor Turville apologized for any communication problems by not allowing them to find out about the postponement before showing up for this meeting. He suggested tabling for a possible benefit to be gained between the Kings Ridge community and the organization The motion passed with all members present voting "aye". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 13, 2007 Council Member Berlinsky asked City Manager Saunders if there is any way for staff to post information on the City's website to be reflective of changes to future Council agendas. City Manager Saunders noted we can provide agenda changes on the website however we do not always know until the actual meeting. NEW BUSINESS Declare Property Surplus -Banyon Homes City Manager Saunders stated he was approached by Frank Gammon, Senior Vice President of Banyan Homes, requesting possible purchase of approximately 2.3 acres of property along the City's spray field on Max Hooks Road. Banyon is proposing to develop a residential subdivision to the south of the spray field property and would like to improve Max Hooks Road to provide access. If the Council is interested in selling this property, the property must first be declared surplus by the City Council. The sell of this property should also be subject to the following: (1) an appraisal to be paid for by Banyon Homes to verify the offer meets or exceeds the appraised value; (2) Banyon Homes to pay all costs associated with required modifications to the spray field and all related infrastructure including DEP permit modifications; (3) DEP approval and permit modifications to spray field with no negative impact to spray field operation; and (4) road to be constructed to City of Clermont design standards including sidewalks. They have offered $100,000 for the 2.3 acres. Mr. Saunders noted Mr. Gammon is in agreement with the first 3 conditions but has an issue with number 4 and proposed to construct to Lake County standards. Mr. Saunders spoke to the City of Groveland due to the residential project being in their city limits but the road is not. The City of Groveland requested the road be constructed to Groveland standards. Groveland and Clermont standards are similar. Groveland would be happy if it were built to our standards which would meet their standards. The City of Clermont standards include curbs and gutters and sidewalks. Frank Gammon, Banyon Homes, was present along with Engineer Aaron Mercer. Mr. Gammon advised the process began by meeting with Lake County who owns the road and will maintain it. Groveland is providing water and sewer and has road requirements and then Clermont's requirements for selling the property. He further noted that Fred Schneider, Lake County Transportation, explicitly stated how he wants the road to be constructed and does not want sidewalks. There are no sidewalks on the first portion of the roadway and noted this is a very rural area and there is no reason to have a sidewalk. Based on the three (3) sets of requirements, he is going by Lake County regulations and has agreed to everything else on the list. Banyon Homes is offering the City $100,000 for the eastern edge of the spray field which will serve a community in Groveland and serviced by a road in the County. Mayor Turville opened the public hearing. Coqui Whitehead, 837 5"' Street, requested the road be constructed to the City of Clermont standards. Mayor Turville closed the public hearing. Mayor Turville expressed concern for having sidewalks. Council Member Mullins stated this property is not within the city limits or the JPA, it is a County rural road. If someone develops houses on the spray fried, it would warrant sidewalk, curbs and gutters. Mr. Gammon advised the project will have 528 homes built over the next 10 years. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 13, 2007 City Manager Saunders remarked that it is turning into an urban area. Council Member Goodgame moved that items 1 through 4 list of requirements with the addition on item 1 that the appraiser be one selected by the city and item 4 the road be constructed by the City of Clermont and/or City of Groveland design standards including sidewalks. If we go ahead with the sale, those would be the conditions of the sale. Council Member Goodgame amended the motion to declare the propert.~plus and if approved then items 1 through 4 as previously stated would apply; seconded by Council Member Berlinsky. Council Member Hogan asked how much it would cost to put in sidewalks. Mr. Gammon estimated a cost of $100,000. Mr. Gammon offered a compromise to allow a sidewalk on one side of the street if able to shift the road within limited confines and still allow a sidewalk on one side of street to satisfy the Council. City Manager Saunders expressed concern for the sidewalk and curb and gutter. Groveland is also concerned with curb and gutter. Without curb and gutter, there will be a maintenance problem on the road edges. Mayor Turville stated that curb and gutter will help maintain the road by properly directing water and noted the overall concern is safety. Council Member Mullins commented we may need to sell more land if we impose these requirements. Council Member Berlinsky stated if we accept the compromise, it would meet the safety concern. Council Member Goodgame questioned whether the road lanes will be built at 12 or 9 foot. Engineer Mercer stated 9 foot lanes are the County standards. Council Member Goodgame called for the question. Council Member Mullins asked for clarification on voting. Attorney Brown stated the Council can split up the vote to declare surplus and make a separate motion on the conditions. Council Member Goodgame stated he would like to restate his motion. Council Member Goodgame moved to declare the 2.3 acre property west of the spray field surplus; seconded by Council Member Berlinsk~ Under discussion, Council Member Mullins inquired whether the City is bound to sell the property if Banyon decides not to purchase the property once the City has declared it surplus. Attorney Brown advised the City can decide not to sell it. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 13, 2007 The motion passed with all members present voting "a,}~e" Council Member Goodgame moved acceptance of items 1, 2 and 3 with the addition on item 1 that the appraisal be done by one selected by the city; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved to propose that the road be built 12 foot wide with a sub base and ever~thin~else to the city's design and with a sidewalk to be built to the one side of the road; seconded by Council Member Hogan. Under discussion, Mayor Turville noted he would support if the motion included curb and gutter. City Manager Saunders stated he believes the subdivision and the piece coming off of Highway 50 will include curb and gutter. Furthermore, if Council approves the motion proposed, he suggested the sidewalk be required to be on the side of the road that is the city's property. Council Member Goodgame remarked that would be the west side of the road. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing, Utility Agreement -Rodney Yawn Assistant City Manager Gray presented information on the request for water service only outside of the city limits fora 14.97 acre project. This agreement is to service a proposed RV and boat storage facility to be located north of Highway 50 and west of County Road 455. Lake County is requiring this project to have water for fire protection purposes and has given this project preliminary development approval. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The project will then be developed pursuant to the utilities service agreement. Applicant, Rodney Yawn, 14135 CR 455, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville questioned whether the remediation of the property is complete. Mr. Yawn replied that the final remediation is not completed and does not know when due to funding. Council Member Mullins inquired if the contamination in the ground could get into the water system. Mr. Yawn explained that EPA monitors that site twice per year. It has been 27 years since the circumstance occurred. He further advised it is not harmful to humans. The water line will be located on the far south side of the property where the areas of remediation would be further north. Mayor Turville asked if staff was comfortable with providing water onsite. City Manager Saunders confirmed staff is okay with it. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 13, 2007 Mayor Turville explained that the previous owners of the property made chemicals and had leakage issues that caused contamination. Council Member Goodg_ame moved acceptance of the water service agreement; seconded Council Member Mullins. The motion passed with all members present voting "aye". Depot and Historical Library Restoration City Manager Saunders reported the City Council accepted Statements of Qualifications for restoration of the historical Cooper Library and the old Depot in 2005. The team of Pyke/Hoffman was the topped rank firm for the projects. Proposals for Phase 1 of the projects were submitted. Council can either accept or reject the proposals and direct staff to solicit proposals from the second ranked firm, Marbek/Gatorsketch. The submitted proposal did not include restoration. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville noted this project was discussed at the Council retreat and there appeared to be a consensus to reject the proposals from Pyke/Hoffman. Council Member Goodgarne moved that we reject the proposal from Pyke/Hoffman and request a proposal from Marbek/Gatorsketch; seconded by Council Member Hogan. The motion passed with all members present voting "aye". Ordinance 574-M -Introduction Mayor Turville read Ordinance 574-M aloud by title only. AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.01(1)(q), FLORIDA 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; PROVIDING FOR THE CITY TO BE INCLUDED WITHIN SAID M.S.T.U. FOR A SPECIFIED TERM OF YEARS; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. Council Member Mullins moved introduction of Ordinance 574-M; seconded by Council Member Goodg_ame. The motion passed with all members present voting. "aye". ADJOURN: With no further comments, this meeting was adjourned at 8:20pm. \ + A~S1c. ~ ~" - r Trac Ackroyd, y Clerk F. i ~~ + J, r !T. i ~ w 6S-1FA.~F ~.-.~ APPROVED: arold S. Turville, Mayor