07-13-2010 Regular Meeting •
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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
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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.
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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.
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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 ".
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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
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