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03-10-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 10, 2009 The Clermont City Council met in a regular meeting on Tuesday, March 10, 2009 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 Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Cuqui Whitehead, 837 5"' Street, thanked Council for attending the Grand Opening of JC Penney. She also reminded everyone about the Pig on the Pond events taking place this coming weekend. Jim Purvis, 4206 Hammersmith Drive, thanked staff for preparations in the City of Clermont's 125th Birthday celebration. He noted the Lions Club will have a small part in the celebration. Also, Mr. Purvis questioned the status of the tornado sirens request. City Manager Saunders stated the estimated costs were reported and discussed at a Council workshop. Mayor Turville asked Mr. Saunders to report on it at a Council meeting. John Clark, 1975 Country Brook Avenue, requested permission to serve alcohol under a tent in the entrance to Jenkins for the South Lake Business after-hours event. Mayor Turville stated he preferred to have it served inside the building. Council Member Goodgame moved that Jenkins Auditorium be made available to the Chamber of Commerce for the Business After Hours this Thursday to serve beer and wine; seconded by Council Member Hogan. The motion passed with all members present voting "aye". City Manager Saunders asked for clarification on alcohol to stay inside of Jenkins or be allowed outside. Council Member Goodgame amended the motion to let them serve beer and wine for the event and they can carry it back on the streets; seconded by Council Member Mullins. The motion passed with all members present voting "aye". REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan commented on the moving of the old Cooper Library building on Saturday. The JC Penney Grand Opening had a good turnout. The Boy Scouts luncheon will be held on March 26 at Jenkins and Dennis Horton will be honored. Council Member Goodgame noted tables are for sale to attend the Boy Scout luncheon. All the restaurants and hotels are full thanks to the softball tournaments Dr. Dot Richardson has going on. Mr. Goodgame also commented on watching the relocation of the old Cooper Library Building. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 10, 2009 Council Member Mullins - No Report Council Member Thompson introduced Chase Abrams. He is a South Lake High School student who had been shadowing Mr. Thompson. He will graduate from high school as a junior and go on to college. Assistant City Manager Gray announced the 125 year celebration meeting has been cancelled for Thursday. The meetings will resume the following Thursday at 6:OOpm in the Council Chambers. Mayor Turville - No Report City Manager Saunders requested the Blue Earth Economic Development item be withdrawn from the agenda. Council Member Goodgame suggested having a joint meeting with Lake County to discuss this issue. Lake County Commissioner Renick recommended a preliminary meeting with staff and Mayor Turville and Commissioner Renick to prepare a presentation before having a workshop. 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-Open Air Sales & Tent Permit Request to host the first Annual Elite Wing Challenge on April 18"' at the Oakley Seaver Shopping Center Item No. 2 -Bid Award Item No. 3 -Purchase Approval Item No. 4 -Revised Personnel Policy Administrative Services Item No. 5 -Revised Job Applicant Background Investigation Policy -Administrative Services Jim Purvis pulled item 5 from the consent agenda. Request authorization to award bid to Frizs Landscaping of Clermont in the amount of $38,137 for the Greater Hills and Sunburst Lane Water Treatment Plant Landscaping Request authorization to purchase materials for upgrades for lift stations from ITT Flygt, LLC for $66,820 Adopt changes to the Employee Personnel Policy Adopt changes to the Job Applicant Background Investigation Policy Council Member Goodgame requested Mr. Burton comment on item 1. Richard Burton, 605 West View Drive, Minneola, reported on the Elite Wing Challenge event. Council Member Goodgame moved to accept items 1 - 4 of the consent a eg nda• seconded by Council member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 10, 2009 Jim Purvis expressed concern with item 5 as it relates to doing credit checks on potential employees. Discussion ensued between Council and staff addressing the concerns regarding background checks of applicants. Council Member Good~ame moved for acceptance of item 5; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville opposing. NEW BUSINESS Resolution 1606 Mayor Turville read Resolution 1606 aloud by title only. A Resolution by the City Council of the City of Clermont, Lake County, Florida, in support of funding Public Education. Assistant City Manager Gray invited Cindy Barrow, Lake County School Board Member, and Susan Moxley, Lake County School Board Superintendent, to come forward. Cindy Barrow stated she brought this Resolution to Council Member Thompson's attention to place on the agenda. She is looking for support from cities to support education. The City of Leesburg, Lake County and the City of Lady Lake have also placed this Resolution on their agenda. Ms. Barrow thanked Ms. Moxley for putting together this call to action. Dr. Moxley stated the School Board values the City's partnership and requested Council consideration. Mayor Turville opened the public hearing. The following spoke in support of the Resolution: Cuqui Whitehead, Bob Foley, and Kerrie Ireland. Council Member Thompson thanked Ms. Barrow and Ms. Moxley for being present. Gaylon Chase Abrams spoke in support of the Resolution. Mayor Turville closed the public hearing. Council Member Thompson moved to approve Resolution 1606• seconded by Council Member Mullins. The motion passed with all members present voting "a,~e" Variance Request -Orange Bank at University Village Planning Director Hitt presented the variance to allow for a reduced landscape buffer adjacent to the right-of-way from 20 feet to 17.5 feet. The 1.08 acre out parcel site is part of the University Village commercial development, which consists of three lots. This project has an approved site plan in which the original survey was used for the building permit. The original survey turned out to be inaccurate which was discovered during the entire University Village platting process for the three lots. With the Bank site and building footers already under construction, the front landscaping buffer is not shown as 17.5 feet, instead of 20 feet. This error was not the applicant/owners fault, but the fault of the original surveyor. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 10, 2009 The applicant is not requesting any building alternations, or building additions to the current site plan. Staff recommended approval of the variance request. Brian Denham was present from Denham Engineering representing the applicant. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goo~ame moved for approval of the variance request for the Orange Bank at University Village• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Inter-local Agreement -Water/Wastewater Improvements for Granville Road This item has been withdrawn from the agenda. Group Medical Plan Changes Administrative Services Director Van Zile reviewed the proposed changes. City Manager Saunders proposed a 5 percent surcharge instead of 10 percent. Mr. Van Zile noted employees will be required to sign a form October 1 stating they have been tobacco free for 90 days. Council and staff discussed the ramifications if it is determined an employee has not been tobacco free. Council Member Good~ame moved for acc~tance of the routemedical plan Chan eg s as presented• seconded by Council Member Thompson. Mayor Turville expressed concern with the increase in premiums for employees using tobacco products. Council Member Goodgame called for the question. The motion passed 4 to 1 with Mayor Turville opposing_ JPA Review -Amon Village Jim Hitt, Planning Director, reported on the rezoning request from Agriculture to a Planned Unit Development (PUD). It has been scheduled for Lake County's Zoning Board on March 4, 2009 and the Board of County Commissioners on March 24, 2009. This residential development is being planned for 32.99 acres, of which 25.82 acres is usable. The approximate number of lots includes 53 single family lots and 13 townhome lots, for a total of 66 lots. The net density is 2.56 dwelling units per acre. The property is bordered on the north by the Florida Turnpike; to the west is vacant land; to the east is Orange County; and to the south across Old Highway 50 is the Plaza Collina commercial DRI. The County staff will require the completion of the required Traffic Study and any determination of Proportionate Fair Share for determination of concurrency. School concurrency will also have to be adhered to for any site plan approvals. The applicant does not have an approved utility agreement and there is no complete site plan to review. City staff recommended this be tabled until the applicant has a utility agreement with Clermont. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 10, 2009 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame stated the PUD is not covered by the Joint Planning Area Agreement and recommended we give approval based on City of Clermont codes and requirements. City Manager Saunders explained the Council cannot approve the development because it is in Lake County. The City is only allowed provide a recommendation. Council Member Goodgame made a motion to write a letter to the County stating we would approve the rezoning from Agriculture to Planned Unit Development on the basis that the development meets or exceeds the City of Clermont's codes and development standards and development should not begin until the PUD plans have been approved by the City of Clermont staff and City Council. Unless these requirements are followed, the City will refuse water and sewer services. The motion died due to the lack of a second to the motion. Council Member Mullins moved to take staff's recommendation and ask Lake County not to approve until they have a Utility Agreement with the City of Clermont and a site plan; seconded by Council Member Thompson. The motion passed 4 to 1 with Council Member Good ag me opposing. Code Enforcement Board Appointment City Manager Saunders informed Council of one vacancy on the Code Enforcement Board. Staff received 4 requests for appointment to include: Joe Janusiak, Kenneth Forte, Dave Holt, and Diane Stellhorn. Council Member Hogan recommended Mr. Forte and Council Member Goodgame recommended Mr. Holt. Council Member Mullins prefers to have a diverse group on the board representing the City. Cuqui Whitehead questioned whether it is necessary to make an appointment at this meeting. Council Member Thompson agreed with Council Member Mullins to have a diverse group. Judy Proli, 1020 Everest Street, recommended the Council ensure the appointee has the time required to serve on the board. Council Member Goodgame moved to appoint David Holt to the Code Board• seconded by Council Member Thompson. The motion passed 3 to 2 with Mayor Turville and Council Member Hogan opposing_ Council Member Goodgame recommended staff send letters to the applicants. .ADJOURN: With no further comments, this meeting was adjourned at 8: _ APPROVED: _ Harold S. Turville, Mayor ATTEST: - Trac Ackroyd, Clerk