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08-12-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 The Clermont City Council met in a regular meeting on Tuesday, August 12, 2008 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, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of July 22, 2008. Council Member Goodgame moved approval of the July 22 2008 minutes as written• seconded by Council Member Mullins. The motion passed with all members rp esent voting"aye". PUBLIC COMMENTS Boy Scout Troop 226 was present. They were in attendance working on the communications merit badge as it is required to become an Eagle Scout. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan noted he will be attending the Water Alliance meeting in Leesburg. Council Member Goodgame - No Report Council Member Mullins commented the Primary election is August 26, 2008. Mayor Turville noted early voting began this week and will run for two (2) weeks. Council Member Berlinsky - 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 -Event Request Request closing of Montrose Street from 5`h Street to 498 W. Montrose for a Church Family Connection Day from 8a.m. to 4p.m. on Sunday September 7 -First Baptist Church of Clermont City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Item No. 2 -Bid Award Request authorization to allow Petroleum Refueling Construction to withdraw their bid for the Eastside Refueling Station and award the bid to B&M Construction Inc. Item No. 3 -Change Order No. 5 Request approval of Change Order No. 5 for installation of additional lighting fixtures for the Fire Station No.l Expansion project - Johnson- Laux Construction Item No. 4- Purchase Approval Request authorization to piggy-back Manatee County's bid to purchase recycling bins Item No. S -Purchase Approval Request authorization to piggy-back the Orlando Utilities Commission, Jacksonville Electric Authority, Gainesville Regional Utilities, the City of Winter Park's contract with HD Supply Waterworks for the purchase of water/wastewater materials Item No. 6 -Purchase Approval Request authorization to piggy-back the Orlando Utilities Commission, Jacksonville Electric Authority's contract with Ferguson Enterprises Inc. for the purchase of pipes, valves and fittings ItemNo. 7-Purchase Approval Request authorization to piggy-back the City of Orlando's contract with Tampa Armature Works for the maintenance of the City's emergency generators Item No. 8 -Contract Extension Request approval of the contract extension with A Secure America Inc. Council Member Mullins moved acceptance of the consent agenda• seconded by Council Member Goedgame. The motion passed with all members present voting "ate UNFINISHED BUSINESS Ordinance No. 596-M Introduction This item has been requested to be posted to the September 9, 2008 Council meeting. Council Member Mullins moved postponement of Ordinance 596-M to September 9• seconded by Council Member Goodgame. The motion passed with all members resent voting "aye". Ordinance No. 594-Mlntroduction This item has been requested to be postponed to the September 9, 2008 Council meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Council Member Mullins made a motion to table Ordinance 594-M to September 9• seconded by Council Member Goodgame The motion passed with all members present voting "aye". Ordinance No. 595-Mlntroduction Mayor Turville read Ordinance 595-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of right-of-way lying south of Steve's Road approximately 1,435.33 feet west of U.S. 27; and that portion lying approximately 634 feet south and perpendicular to Steve's Road; and that portion lying approximately 859 feet east of U.S. 27 and south of tracts 11 and 12; all land lying in sections 29 and 32, township 22, range 26 east, lying in and adjacent to tracts 4, 5, 6, 11, and 12, Lake Highlands subdivision plat thereof recorded in plat book 3, page 24, public records of Lake County Florida, as shown in exhibit "A" and further described in the surveys and legal descriptions as shown in exhibit "B"; repealing all ordinances in conflict herewith; providing for severability; providing for publication; and providing for an effective date. Council Member Mullins moved introduction of Ordinance 595-M; seconded by Council member Goodgame. The motion passed with all members present voting "aye". Ordinance No. 360-C Final Hearing Mayor Turville read Ordinance 360-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 90 Concurrency Management, Article 1, in general, Section 90-6, Adopted Level of Service Standards; Section 90-7, Estimation of Demand for Proposed Development; providing for severability; providing for an effective date, and providing for publication. Jim Hitt, Planning Director, presented information on the ordinance. The Metropolitan Planning Organization (MPO) adopted the Traffic Impact Study Methodology Guidelines document for Lake County. Ordinance 360-C is the needed amendment to the Clermont Land Development Code which will enact these study requirements. A Traffic Impact Study had been required for previous developments within Clermont; however, these updated requirements will be adopted by all Lake County municipalities as a way to collectively coordinate all transportation trips within the Transportation Concurrency Management System (TCMS). These guidelines simplify the review system and include the MPO as the primary reviewer for all traffic studies in Lake County. The Florida Department of Transportation (FDOT) will also review studies that impact state rights-of-way. Staff also recommended the Level of Service (LOS) for the Arterial and Collector roads within Clermont be changed to reflect adopted LOS by FDOT and Lake County. Staff believes this amendment is needed and is proactive in the review of plans for the future of Clermont. A question was asked at the last meeting regarding Collector roads in the city; staff provided a list in the packet. The majority are county roads. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, questioned improving emergency response level of service. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Council Member Goodgame noted this ordinance addresses the level of service of roads. Mayor Turville provided an explanation of the level of service. Council Member Mullins asked if this affects city roads. Planning Director Jim confirmed that it does not Council Member Mullins questioned not passing the ordinance. Council Member Goodgame stated we would lose the funding on the Hartwood Marsh Road project. Planning Director Jim confirmed that is his understanding as well, if the ordinance is not approved. Council Member Goodgame moved for acceptance of Ordinance 360-C; seconded by Council Member Hogan. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposing: NEW BUSINESS Variance Request -Boyatt Jim Hitt, Planning Director, presented the variance request to allow a dock without an established principal use on the same lot and to allow a dock to be less than 25 feet for a side yard setback. Staff recommended denial of the variance request for a dock and for a side yard setback of less than 25 feet. Robert and Jodi Boyatt, 599 Magnolia Street, were present requesting approval of the variances. A letter signed by neighbors in support of the dock was submitted. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, opposed the request because of removal of the vegetation. Bill Banzhaf, 979 W. Montrose, spoke in support of the request. Mayor Turville closed the public hearing. Council Member Goodgame moved for denial of the variances; seconded by Council Member Mullins. The motion passed with all members present voting_`aye". Variance Request-Jo-EI Townhomes Curt Henschel, Planner, provided information on the variance request fora 5 foot wide landscape buffer between the abutting properties to the east, rather than the required 10 foot buffer. The applicant was originally approved for this variance in August 2007 along with an approved Conditional Use Permit (CUP) for an apartment complex. Variances have a one year time limit before construction must begin, and CUP's have a two year time limit. The applicant is requesting a new variance to match the time limit of the original CUP. No other changes are being requested. The development is adjacent to a wetland area known as West Lake. In the wetland area, there remains a substantial distance between the project and the actual property line. This area forms a natural vegetative buffer that provides a screening effect to the adjacent parcel. Since the buffer is not immediately adjacent to the property line, and there is natural visual buffer of the wetland area, staff feels the intent of the buffer will be in place and recommended approval of the 5 foot landscape buffer request. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 The applicant was present requesting approval. Mayor Turville opened the public hearing. Bill Banzhaf, 979 W. Montrose Street, owns property to the east and is in favor of the request. Mayor Turville closed the public hearing. Council Member Goodgame requested changing the time limit for a variance and CUP to be one year. City Attorney Mantzaris stated the language in the variance provision could be changed for the time frame to be set for each individual variance and it could be part of the staff recommendation. The council agreed to the suggestion made by City Attorney Mantzaris. Council Member Hogan made a motion to continue the variance associated with the original request; seconded by Council Member Mullins. The motion passed with all members present voting_"a~". Variance Request -Mirror Lake Subdivision Curt Henschel, Planner, reported on the seven (7) variance requests. The variances are as follows: to allow for a private street; to construct only one cul-de-sac at the end of the street with no intermediate cul- de-sac; reduce the minimum roadway centerline radius from 100 feet to 50 feet; reduce the road right of way width to 50 feet; construct a sidewalk on only one side of the street where homes will be located; reduce the front building setback to 20 feet; and to allow a topographical elevation change up to 15 feet. These variances were previously approved in August 2007 but because construction had not started within one year, these variances were rendered void. Staff recommended approval of the seven (7) variances. Applicant, Bob Thompson, was present requesting approval. They are working with city staff. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, would like to see more than one entrance and exit in subdivisions. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of the seven (7) variances for Mirror Lake Subdivision; seconded by Council Member Hogan. The motion passed with all members present voting "ave". Variance Request -Golden Coral Restaurant Jim Hitt, Planning Director, presented information regarding the request. The variance is to allow for the right-of-way buffer to be 15 feet in width rather than the minimum 20 feet and to allow the perimeter buffer to be 5 feet in width rather than 10 feet. This variance was granted by the City Council on October 10, 2006, and due to Grand Highway construction plans, construction was delayed. With the redevelopment of the intersection being the developer's responsibility, staff was not opposed to the landscape buffer reductions and recommended approval of the variance request. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Applicant, Doug Dannen, was present and available to answer any questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to grant the variance; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Request for Proposals -Former Cooper Memorial Library Site City Manager Saunders advised Council the document in the packet was drafted by Assistant City Manager Gray. The language drafted was written to produce proposals broad enough to generate interest for some type of public/private partnership for the site. It will require any firm or person to give details on the proposal. It is a two (2) step process. Council will be involved in the process and Council can determine which proposal would be in the best interest of the city to accept. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville recommended including language that they would have to deal with onsite parking. City Manager Saunders concurred and suggested placing a statement that any proposed project would be expected to meet onsite parking requirements. Council Member Goodgame reviewed his suggested changes to the drafted document to include the following: Page 1, first paragraph add "see attached property map"; under Process, in the first line change the word "following" to "after a review"; add "(RFP)" after the term "Request for Proposal"; on page 2, top paragraph, add "For interested parties"; on the bottom of page 2, add "(to develop a short list of interested parties)"; request 3 years of finance reports and in developing the short list, request previous relevant development experience specifically experience with public sector projects, public/private joint venture projects, mixed use projects and the various uses proposed for this project; remove "nine" and replace with "ten" at the bottom of page 4; in the last bullet of page 6, change to "any member of city council or staff '; also add any party returning this document properly executed to signify their understanding and acceptance of all conditions stated herein or language with that intent drafted by City Attorney Mantzaris. Mayor Turville expressed concern with the request for finance information. City Manager Saunders suggested including experience but to wait on the short list before requesting financial statements. The suggested parking language can be added in the scope and intent section on the first page. Council Member Goodgame moved acceptance of the RFP with modifications• seconded by Council Member Hogan. The motion passed with all members present voting "ate City Manager Saunders remarked the policy for advertising requires 20 days and requested more time for this request. Mayor Turville recommended 90 days. Council Member Goodgame moved to extend the time limit to 60 days; the motion died for the lack of a second to the motion. Charlene Forth, 939 W. Desoto Street, asked for 90 days to give someone a fair chance. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Council Member Berlinsky preferred 90 days and City Manager Saunders suggested 90 days. Council Member Mullins moved to change the deadline to 90 days; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". Council Member Berlinsky suggesting using this same concept for the Community Center to see if someone in the private industry would like to lease the site to build and operate a facility. The $Smillion funds planned for the Community Center could be used to build a 3 story building at Jenkins Auditorium with placement of a library on the first floor. Mayor Turville recommended that subject be discussed at a future workshop. Niagara Bottling Inc. City Manager Saunders informed Council of the resolution circulating the municipalities within Lake County showing support for the opposition of Niagara Bottling Company use permit. This resolution could be adopted tonight without being on the agenda. The resolution does not obligate the city to pay a dollar amount. Currently, Lake County and Groveland filed the motion for a petition for administrative hearing. Groveland indicated financial support for this battle. The City of Eustis discussed this at their last meeting and Leesburg adopted the resolution but did not support financially. The City received an email from Lake County administration requesting financial support. City Attorney Mantzaris noted the City of Groveland has agreed to pay for half the cost of litigation. Mayor Turville suggested financial support to not exceed $30,000. Council Member Goodgame stated Mount Dora is drafting an ordinance prohibiting a bottling plant from being an acceptable business within their city. He recommended City Attorney Mantzaris draft a similar ordinance for us to consider. Council Member Mullins stated the issue should be with the state instead of Niagara Bottling Company. Council Member Berlinsky suggested building support for the state to take a position. Mayor Turville opened the public hearing. Charlene Forth, 939 W. Montrose, suggested disbanding St. Johns River Water Management District. Mayor Turville closed the public hearing. Council Member Berlinsky moved for adoption of Resolution with 2 additions to the whereas clauses to add whereas, the demand for water enacts the ability to naturally replace it is our opinion that water should now be deemed a non renewable natural resource. Whereas, non renewable resources can be subject to state severance tax. And, after item 2, add number 3, the City of Clermont recommends that the Florida Legislature define non salable water as a non renewable natural resource B) a state severance tax should be adopted and imposed on all commercial extraction of non-salinable water for commercial distribution C) all water severance taxes will be placed in a trust fund to develop alternative sources of non-salable water; the motion died for the lack of a second to the motion. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Mayor Turville suggested discussion at a workshop. Council Member Berlinsky moved to adopt the Resolution as submitted; seconded by Council Member Goodgame. Jim Purvis spoke in agreement to support financially noting the County deserves the support of the municipalities. Mayor Turville read Resolution 1589 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida supporting Lake County's and City of Groveland's concerns related to water consumption by Niagara Bottling, LLC and confirming its commitment to reduce growth in water consumption. The motion passed 4 to 1 with Council Member Mullins opposing_ Council Member Berlinsky moved that we authorize the expenditure up to $30,000 as a contribution towards the legal cost to be incurred by the County in the lawsuit involving Niagara at this time; seconded by Council Member Goodgame. City Manager Saunders suggested amending the motion to contribute a percentage of the fees up to $30,000 to only pay a portion of the fees. He suggested funding 10 percent up to a maximum of $30,000. Council Member Berlinsky and Council Member Goodgame agreed to amend the motion for 10 percent not to exceed. The motion passed 4 to 1 with Council Member Mullins opposing Ordinance No. 36l -C Introduction Mayor Turville read Ordinance 361-C aloud by title only. An Ordinance of the City Council of the City of Clermont amending Chapter 46, "Pensions and Retirement", Article V, Divisions 1 and 2 of the city code by amending Section 46-203, "Board of Trustee" to provide a City Council Member shall be an appointed member of the Police Officers Retirement Plan Board of Trustees and amending Section 46-253, "Board of Trustees" to provide a City Council Member shall be an appointed member of the Firefighters Retirement Plan Board of Trustees; providing for codification, severability, conflict and effective date. Mayor Turville commented on receiving information regarding an Attorney General opinion that this proposed ordinance change is not legal. City Attorney Mantzaris confirmed he has reviewed it and it is legal. Council Member Goodgame moved for introduction of Ordinance 361-C; seconded bX Council Member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 12, 2008 Ordinance 60l-M introduction Mayor Turville read Ordinance 601-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved for introduction of Ordinance 601-M: seconded by Council Member Hogan. Council Member Goodgame commented on receiving a letter in opposition and was not in favor of introducing the ordinance. The motion passed 3 to 2 with Council Members Goodgame and Ho~a, n opposing_ ADJOURN: With no further comments, this meeting was adjourned at 9:08pm. APPROVED: -~ ,. r ~,~, _. ~~® rold S. Turville, Mayor ATTEST: r t Tracy Ackroyd, Qity Cler