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07-13-2010 Regular Meeting • J City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2010 The Clermont City Council met in a regular meeting on Tuesday, July 13, 2010 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 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 Mullins gave the invocation followed by the Pledge of Allegiance. • MINUTES Council meeting minutes ofJune 22, 2010. • Council Member Goodgame moved to approve the minutes as written; seconded by Council Member Ho an. The motion passed with all members present voting aye". PUBLIC COMMENTS Ann Dupee, President of Lake Apopka Natural Gas District Board, announced the contracts have been signed and will be installing equipment to hook up Lake Correctional Institute with gas by October 1. REPORTS City Manager Saunders — No Report ' City Attorney Mantzaris — No Report Assistant City Manager Gray provided an update on the beach. The permit application was hand delivered to the Lake County Health Department. They will be doing an inspection next Tuesday. The beach could be open by next week. Council Member Hogan — No Report Council Member Goodgame reported on the Department of Transportation (DOT) funding for the • remainder of Hooks Street. • Council Member Mullins — No Report Mayor Turville — 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. I — Purchase Approval Request authorization to piggyback Lake Public Services Department County's contract with Rehrig Pacific Company for the purchase of recycling containers in the amount of $75,000 Item No. 2 — Purchase Approval Request authorization to piggyback Lake Public Services Department County's contract with Sherwin- Williams Company for paint and painting supplies 1 City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2010 Item No. 3 — Stipulated Settlement Agreement Acceptance of Stipulated Settlement Agreement between Bee's Auto and the City of Clermont Item No. 4 — Scope of Services Request approval of the Scope of Services in the amount $89,985.00 for CPH Engineers to perform engineering services related to the development of a storm water master plan for the City Item No. 5 — Scope of Services Request approval of the Scope of Services in the amount of $29,045.00 for BESH, Inc. to • design, permit and perform construction administration services for the Disston Avenue Stormwater Improvements Project Item No. 6— Change Orders 3 & 4 Request approval of Change Orders No. 3 & 4 in the amount of $24,973.00 for Marbek Construction for changes to the Historic Depot Staff removed Item 1 from the agenda. Council Member Goodgame pulled Item 3 for discussion. Council Member Mullins moved for approval of Items 2, 4, 5 and 6 of the consent agenda: seconded b Council Member Goodgame. The motion sassed with all members • present voting "aye ". Council Member Goodgame requested City Attorney Mantzaris provide details regarding Item 3. City Attorney Mantzaris explained the proposed settlement with Bee's Auto and the City of Clermont. This Federal Litigation arose from a Code Enforcement matter related to signs placed on property owned by Bee's Auto. As discussed in the closed litigation session in May, we have negotiated a resolution of that Federal Litigation which only involve the placement of those particular signs and free speech issues associated with that. The settlement provides the city will be permanently enjoined from enforcing the current sign code as it relates to these signs and does not prohibit the City from amending its code to address any similar sign issues that may come up in the future after the code is amended. It also provides the Petitioner will pay the attorney's fees in accordance with an amount to be determined by involvement of the court. The attorney's fees portion will be covered by the City's insurance carrier. Council Member Goodgame inquired about a revised code ordinance. Mr. Mantzaris responded that it is currently being drafted and should be completed in 90 days. Council Member Goodgame moved for the acceptance of Item 3; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Item No. 7 — Ordinance 2010 -12M Final Hearing Mayor Turville read Ordinance 2010 -12M by title only. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2010 An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a map change to the Future Land Use Map of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendment; setting forth the purpose and intent of the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan Amendment; providing for severability, conflict and an effective date. Barbara Hollerand, Planner, presented the staff report. She informed the public of the Florida Department of Community Affairs citizen courtesy information list form. It is available for anyone interested in • signing up to be notified when the Notice of Intent will be published in the Orlando Sentinel. • This request is for the Bosserman 17 property, which was annexed February 23. The vacant 17 -acre property is south of S.R. 50, on the southwest corner of Hooks Street and Excalibur Road. East Ridge High School is to its east, and East Ridge Middle School is to its south. Vacant property is to the north and west. The joint owners are Richard E. Bosserman and Gladys T. Bosserman, co- trustees. Chris Roper with Akerman Senterfitt, P.A. is the applicant. The request is for a large scale comprehensive plan amendment to change the future land use from Lake County Urban to Residential /Office in the City. The future land use of Residential /Office would allow an office development or multifamily with a maximum • density of 12 units per acre. A conditional use permit is required for densities of more than 8 units per acre. The zoning is Urban Estate. The site is accessible by both Hooks Street and Excalibur Road. A signalized intersection at Citrus Tower Boulevard and Hooks Street is in place and a second signal at Citrus Tower Boulevard and Steves Road /Excalibur Road is planned. Development plans are not finalized at this time. No text changes to the comprehensive plan are required. It is appropriate to assign a City future land use of Residential /Office at this location. The City Council at its meeting February 23 voted 5 to 0 to transmit the proposed amendment. The Florida Department of Community Affairs issued a letter to the City May 10 stating it was raising no objections, recommendations or comments in regard to the proposed amendment. The amendment remains the same as what was approved for transmittal in February. Staff recommended approval of the Future Land Use Map change to Residential /Office. Chris Roper, P.A., was present. He concurred with staff's report and was available for questions. Council Member Good gam moved for adoption of Ordinance 2010 -12M; seconded by Council Member Mullins. The motion passed 4 to 0 on a roll call vote. • Item No. 8 — Ordinance 2010 - 13M Final Hearing Mayor Turville read Ordinance 2010 -13M by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive - Planning Act, Chapter 163, Part II, Florida Statutes by adopting a map change to the Future Land Use Map of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendment; setting forth the purpose and intent of the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan Amendment; providing for severability, conflict and an effective date. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2010 Barbara Hollerand, Planner, presented the staff report. She informed the public of the Florida Department of Community Affairs citizen courtesy information list form. It is available for anyone interested in signing up to be notified when the Notice of Intent will be published in the Orlando Sentinel. This property was annexed February 23. DeWitt Enterprises, Inc. is the owner and applicant, represented by Ted DeWitt. The vacant 27 -acre property is south of S.R. 50, on the southwest corner of Citrus Tower Boulevard and Hooks Street. The request is for a large -scale comprehensive plan amendment to change the future land use from Lake County Urban to Commercial in the City. Development plans are not finalized at this time, and a request for rezoning has not been made. At annexation, the property received the default zoning of Urban Estate. The site is well served by the transportation network with signalized intersections at Citrus Tower Boulevard and Hooks Street and at Sandhill View Boulevard and S.R. 50. No text changes to the comprehensive plan are required to assign the annexed property a City future land use. It is appropriate to assign a City future land use of Commercial. The City Council at its meeting February 23 voted 5 to 0 to transmit the proposed amendment. The Florida Department of Community Affairs issued a letter to the City May 10 stating it was raising no objections, recommendations or comments in regard to the proposed amendment. The amendment remains the same as what was approved for transmittal in February. Staff recommended approval of the Future Land Use Map change to Commercial. Chris Roper, P.A., was present on behalf of the applicant. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for adoption of Ordinance 2010 -13M; seconded by Council Member Hogan. The motion passed 4 to 0 on a roll call vote. NEW BUSINESS Item No. 9 — Cost Sharing Proposal City Manager Saunders reported on the joint stormwater project with Lake County and the Water Authority for Hooks Street and Lakeshore Drive. Staff is requesting the Council to approve a cost sharing of a cost benefit analysis to be performed by BESH Engineering. This will provide the benefits and cost of the project. The total cost is $9,600 and is requesting approval for the City to share in one third of the cost which will be $3,200 for the City of Clermont. Once this study is complete, we will return to Council to discuss the total project and cost. Mr. Saunders recommended approval of $3,200 in the cost sharing. Mayor Turville opened the public hearing. Nancy Fullerton, 368 Montrose St, Alliance to Protect Water Resources and Lake County Water Authority, thanked staff for the recommendation and encouraged Council approval. Ann Dupee spoke in favor of Council approving the request. Mayor Turville closed the public hearing. Council Member Mullins moved to proceed to agree to share one third of the cost as pro•osed• seconded b Council Member Good The motion sassed with all members present voting "aye ". 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2010 Item No. 10 — Ordinance 2010 -08C Introduction Mayor Turville read Ordinance 2010 -08C by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for Local Vendor Preference for Lake County individuals, firms or companies • with regard to the procurement of products, materials and services by the City of Clermont; providing that qualified local vendors shall in certain instances be provided an opportunity to match the lowest price bid and be awarded the contract at the lowest amount if the local vendor is otherwise fully qualified to meet city requirements; providing that all other provisions of the City's Purchasing Policy and Applicable Law shall remain in effect and apply to and govern purchases by the City; providing for severability, conflict, effective date and automatic repeal. Council Member Goodgame moved for introduction of Ordinance 2010 -08C as written; • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville noted there was an item on page 5 of the June 22, 2010 minutes that was inadvertently omitted. Council Member Goodgame moved to approve the minutes as amended; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 7:43pm. APPROVED: �l Harold S. Turville, Mayor ATTEST Tracy Ackroyd, City C rk 5