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08-10-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2010 The Clermont City Council met in a regular meeting on Tuesday, August 10, 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. Mike Latham announced Boy Scout Troop 784 is attending the meeting to work on their communication and citizenship in the community merit badge. PUBLIC COMMENTS Ruby McCoy, 1020 Disston Avenue; Armetta Brown, 1018 Disston Avneue; and Ken Bejadhar, 1006 Disston Avenue expressed concern with possible illegal activity in the neighborhood. Tim Murry suggested additional street lights. REPORTS City Manager Saunders reminded Council of the workshop scheduled for August 11 at 6:OOpm. City Attorney Mantzaris,-No Report Assistant City Manager Gray — No Report Council Member Hogan noted Tyson Gay, Track and Field Athlete, is training at the National Training Center and suggested we recognize him at the Clermont Downtown Celebration. Council Member Goodgame provided an update on the Florida Department of Transportation roadway funding projects. Council Member Mullins — No Report Council Member Thompson - 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 - Grant Opportunity Request authorization to proceed with the Fire Department submission process to obtain funds from the State Homeland Security Grant Program 1 • City of Clermont • MINUTES REGULAR COUNCIL MEETING August 10, 2010 Item No. 2 - Grant Acceptance Request approval of acceptance of $212,452.00 Fire Department from Staffing for Adequate Fire & Emergency Response (SAFER) Grant Item No. 3 - Bid Award — Reclaimed Water Main Request to award bid to Young' s Communication Co., Inc. for the Hooks Street and Excalibur Road reclaimed water main extension project in the amount of $48,500.00 Item No. 4 — Task Authorization No. II Request approval of amendment No. 4 to Task Engineering Department Authorization No. 11 in the amount of $56,677.00 for AECOM to continue with the Consumptive Use Permit renewal process Item No. 5 - Agreement Approval Request approval of an hiterlocal Agreement between Lake County and the City of Clermont for storm debris removal Council Member Goodgame asked Fire Chief Bishop to discuss Item 2. Chief Bishop reported the grant provides 100 percent funding for two frozen or laid off Fire Fighter positions for two years to include salaries and benefits. Council Member Goodgame moved for acceptance of the consent agenda as submitted; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS Item No. 6 — Bid Award Waterfront Pavilion City Manager Saunders reported on the Waterfront Pavilion project. The low bid was Marbek Construction in the amount of $889,800. There were 6 alternates also listed as possible add -ons. Also, in addition to the low bid from Marbek, the city is purchasing a pre engineered building that will be erected as part of the project. Staff recommended piggybacking the Clay County contract in the amount of $338,570.05. Mr. Saunders reviewed the alternates. He recommended Council add the brick pavers for $7,450 and the add -on panel partitions for $12,810. This is included in next year's budget. If approved, staff will adjust the numbers and will need an additional $148,600 above the proposed budget and recommended it come from General Fund Reserves. The original cost was $750,000 but the project transformed since then and the decision was made to demolish the old Highlander Hut building and build a new facility. The project has evolved into a different project since the first budget. Without the alternates, the cost would be $1,228,470. Mayor Turville expressed disappointment in the total cost. Council Members Mullins and Goodgame expressed support for the project. Mayor Turville opened the public hearing. Ann Dupee, Jim Purvis and Austin Dunbar requested Council approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2010 Mayor Turville closed the public hearing. Council Member Goodgame asked for the total amount as presented. City Manager Saunders stated there is $1.1 million in the proposed budget for next year. If Council awards the basic bid, we will need to appropriate an additional $128,370. With the alternates proposed by staff, we will need to appropriate $148,630 in addition to the $1.1 million in the budget and proposed to take it from the General Fund Reserves. Council Member Goodgame moved that we take the $1.1 million in the budget and add $148,630 as described by Mr. Saunders for item 6 bid award ho the waterfront pavilion and award bid to Marbek Construction; seconded by Council Member Mullins. The motion and second includes the direct purchase for the pre engineered building for the piggybacking of the Clay County contract. The motion passed 4 to 1 with Mayor Turville opposing. Item No. 7 — Bid Award Third Street • City Manager Saunders reported on the project. Staff proposed to award the bid to 'Boykin Construction Company in the amount of $437,988.60. There will have to be a budget amendment. Mayor Turville opened the public hearing. Rick Van Wagner spoke in favor of Boykin Construction. Mayor Turville closed the public hearing. Council Member Mullins moved to award the bid for Third Street to Boykin Construction as described on the agenda; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 8 — Agreement Approval Joe and Shirley Holt City Manager Saunders reported the driveway will have to be closed in conjunction with the Third Street ' project. We have an agreement with the property owner for the cost to reconstruct another driveway. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the approval of the agreement with Joe and Shirley Holt; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders noted one of the power poles must be relocated due to the Third Street project. Mr. Saunders requested Council grant Progress Energy an easement to relocate it to city property. Council Member Hogan so moved; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". 3 City of Clermont • MINUTES REGULAR COUNCIL MEETING August 10, 2010 • Item No. 9 — Beach Opening Assistant City Manager Gray noted the City Council requested staff return to present several options and costs associated with opening the beach. If the swim area at Waterfront Park is opened, we are required to have 2 lifeguards on duty at all times. Mr. Gray presented four (4) options. The costs are not in the current or next year's budget and would have to be taken from the General Fund Reserves. Mayor Turville opened the public hearing. The following spoke in favor of opening the beach: Jim Purvis, Ann Dupee, Mike Latham, Tim Murry, and Austin Dunbar. Mayor Turville closed the public hearing. The entire Council supported the opening of the beach and discussed the various options presented by staff. Council Member Mullins moved to open the beach as soon as possible through October and re -open again in April three (3) days a week and Memorial Day through Labor Day ten (10) hour days seven (7) days a week; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Item No. 10 — Lien Forgiveness Stewart Granville Planning Director Hitt presented the staff report and recommended forgiveness of the lien at 158 W. Highway 50. The lien accrued for 1,085 days at $20.00 per day totaling $21,700. Property Owner Stewart Granville was present requesting Council approval to forgive the lien. Mayor Turville opened the public hearing. Jim Purvis and Tim Murry supported the request to forgive the lien. Mayor Turville closed the public hearing. Council Member Goodgame moved for the acceptance of the lien forgiveness to Mr. Granville; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Item No. 11— Contract Approval Richard Genaitis City Manager Saunders reported on the proposed purchase agreement for the property located at 630 -634 W. Montrose Street. This is the office building and site located east of and adjacent to the former Cooper Library site being proposed for the Jenkins Replacement building. The contract for sale and purchase of that site is for $350,000. The proposed 2010 -2011 budget includes $250,000 for property purchase. Next year's budget could be adjusted to include the additional funds. The owner has signed the agreement. If approved, the closing is expected in 30 to 45 days. Mayor Turville opened the public hearing. There were no comments. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2010 Mayor Turville closed the public hearing. Council Member Goodgame moved for the contract approval of item 11 for the property located at 630 -634 W. Montrose Street; seconded by Council Member Mullins. Council Member Thompson inquired about the appraised value. City Manager Saunders responded the v property appraised at $375,000 and the purchase price is $350,000. The motion passed with all members present voting "aye ". Item No. 12 — Resolution No. 2010 -15 • Mayor Turville read Resolution No. 2010 -15 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, authorizing budget amendments for the City of Clermont for Fiscal Year 2009 -2010. Administrative Services Director Van Zile stated throughout the year the City Council approves expenditures that require budget amendments. He reviewed additional amendments to the Resolution based on the additional budget amendments Council made at this meeting. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for the adoption of Resolution 2010 -15 as amended; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 13 — Ordinance No. 2010 -09C Introduction Mayor Turville read Ordinance No. 2010 -09C aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 122 Zoning, Article III Districts, Division 1 Generally, Section 122 -63 Districts Enumerated; Section 122 -64 Classification of Annexed Land; Division 2 UT, Urban Transition District, Section 122- 70 Intent, Section 122 -71 Permitted Uses, Section 122 -72 Conditional Uses, Section 122- 73 Lot and Height Requirements, Section 122 -74 Yards; Division 3. UE, Urban Estate Low Density Residential District; Division 4, R -1 -A, Single - Family Low Density Residential District; Division 5 R -1, Single Family Medium Density Residential District; Division 6 R -2, Medium Density Residential District; Division 7 R -3 -A, Residential/Professional District; Division 8 R -3, Residential/Professional District; Division 9 0 -1, Office District; Division 10 C -1, Light Commercial District; Division 11 C -2 General Commercial District; Division 12 CBD Central Business District; Division 13 M -1, Industrial District; Division 14 CD, Commerce District, Section 122 -270 Intent, Section 122 -271 Permitted Uses, Section 122 -272 Conditional Uses, Section 122 -273 Lot and Height Requirements, Section 122 -274 Yards; Division 1 PR, Parks & Recreation District; providing for codification; severability; effective date; and publication. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2010 Council Member Mullins moved for the introduction of Ordinance 2010 -09C; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item No. 14 — Ordinance No. 2010 -15 M Introduction Mayor Turville read Ordinance No. 2010 -15M aloud by title only. An Ordinance under the Code of Ordinances of the City Council 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; severability; recording and publication. Council Member Mullins moved for the introduction of Ordinance 2010 -15M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item No. 15 — Ordinance No. 2010 -16M Introduction Mayor Turville read Ordinance No. 2010 -16M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting for the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose add intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved for the introduction of Ordinance 2010 -16M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjoumed at 8:23pm APPROVED: 4 Harold S. Turville, Mayor ATTEST wor • Tracy Ackroyd, City lerk 6