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07-24-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 The Clermont City Council met in a regular meeting on Tuesday, July 24, 2007 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, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of July 10, 2007. Council Member Hogan asked for a correction to the last name Proli. Council Member Goodgame moved to approve as corrected• seconded by Mullins The motion passed with all members present voting "aye " PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, provided an update on the flag issue previously brought before Council two (2) weeks ago. Judy Proli submitted petitions from Summit Greens residents regarding Plaza Collina. REPORTS City Manager Saunders reported that Lake County has reorganized the Cultural Affairs Council. They dissolved the old and created a new Arts and Cultural Alliance Group. They have asked Clermont to appoint a representative to be on the alliance and Council Member Mullins has stated an interest. Council Member Goodgame moved to appoint Council Member Mullins to act as the City's representative; seconded by Council member Berlinsky The motion passed with all members present voting "aye ". City Manager Saunders noted that former Assistant City Manager Darren Gray was the alternate for the Metropolitan Planning Organization (MPO) staff representative and would like to appoint Planner Barbara Hollerand. Council Member Mullins moved to approve • seconded by Council Member Goodgame The motion passed with all members present votin~`aye " City Attorney Mantzaris - No Report Council Member Hogan congratulated Keith Mullins and Ray Goodgame for qualifying unopposed. Council Member Goodgame commended City Attorney Mantzaris for the letter he wrote regarding Plaza Collina. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 Council Member Mullins - No Report Council Member Berlinsky - No Report Mayor Turville acknowledged items requested to be postponed to include: Resolution 1530 to August 14, 2007; Resolution 1533 to September 25, 2007; and Johns Lake Landing Water and Wastewater Agreement to September 25, 2007. Council Member Goodgame moved to table Resolution 1533 to September 25 • seconded by Council Member Hogan. The motion passed with all members present voting "aye " Council Member Goodgame moved to table the Utilit~greement to September 25 seconded by Council Member Mullins. The motion passed with all members present votin~aYe ". Council Member Goodgame moved to table Resolution 1530 to August 14• seconded bX Council Member Mullins. The motion passed with all members present voting "aye „ 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. l -Plat Approval Plat approval of Hancock Commons, a commercial development located south of Hwy 50, east of Hancock Road Item No. 2 -Event Request Item No. 3 -Surplus Equipment Item No. 4 -Bid Award Item No. 5 -Bid Award Item No. 6 -Scope of Service Request use of Waterfront Park for the 28`h Annual Horrible Hundred Ride on Sunday, November 18, 2007 -Florida Free Wheelers Inc. Request to declare Information Technology equipment as surplus -Administrative Services Department Request authorization to award bid to Prime Construction Group for the Greater Hills Water Treatment Plant Expansion in the amount of $6,580,000.00 Request authorization to award bid to A.C. Shultes in the amount of $423,775.00 for the construction of the Potable Well No. 6 -Greater Hills Water Treatment Plant Expansion Request approval of the Scope of Services for A Secure American Inc. to provide the final design of an integrated security system for the wastewater treatment facilities 2 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 Item No. 7 -Scope of Service Request approval of the Scope of Services for Kimley Horn to perform civil services for the design, permitting, bidding and construction phase for Fire Station #3 Item No. 8 -Scope of Service -Addendum Request approval of the Scope of Service addendum for Kimley Horn and Associates, Inc. for additional design fees for the Bloxam Avenue Storm water Improvements Council Member Goodgame questioned the workstations being declared surplus on item 3. He requested staff determine if there would be any interest from the Library in the surplus workstation. City Manager Saunders noted he could check with IT and look into other ways to dispose of them. Council Member Goodgame moved to approve items 1 through 8 on the consent agenda seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Mayor Turville noted the next two (2) items would be heard together. Ordinance 575-M Mayor Turville read Ordinance 575-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. Ordinance 576-M Mayor Turville read Ordinance 576-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as show below, providing for severability, providing for an effective date and providing for publication. Jim Hitt, Planning Director, presented the annexation and rezoning request for Hartwood Marsh Self Storage Facility also known as the Baffles property. The owner is Florida Discount Self Storage No. 4 LLC. The request is to annex 23.6 acres, located east of U.S. 27, south side of Hartwood Marsh Road, west of Hancock Road. The property is adjacent to the City on its west and north sides. This project first came before the City Council as part of a JPA review in June 2004. At that time, the Council recommended opposing the rezoning from R-6 Residential to CP Planned Commercial and provided a comment to Lake County that it was the City's intent to have this property annexed into the City limits. The County, however, did rezone the property to commercial with C-2 uses. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 In February 2005, the Council was asked to consider the applicant's request for water and sewer service. The City approved a water and wastewater service agreement that included a condition calling for the dedication of right of way for the widening of Hartwood Marsh Road. This project has since moved forward in the County and is currently under construction, developing to City standards. The right of way along Hartwood Marsh Road has been dedicated as required in previous agreements. Because all properties enter the City with Urban Estate (UE) residential zoning, a rezoning to C-2 will accompany the annexation application. The Lake County future land use of Urban Expansion is sufficient to develop the parcel as a commercial property. However, as with all annexations, a comprehensive plan amendment will be needed at a future date to assign the property a City future land use. Staff recommended approval of the annexation and rezoning. Also, the Planning and Zoning Board recommended approval. Mayor Turville opened the public hearing. Jerry Turner, 4322 Hammersmith, reviewed the history of the property. He requested Council place constraints on construction occuring during the night. Mayor Turville closed the public hearing. Mayor Turville noted once annexed, they must comply with our rules which only allows construction during certain hours. City Manager Saunders stated staff will ensure they are aware. Council Member Goodgame moved approval of Ordinance 575-M• seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present voting "aye ". Council Member Goodgame moved approval of Ordinance 576M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present votingaye ". Mayor Turville noted the next two (2) items will be heard concurrently. Ordinance 577-M Mayor Turville read Ordinance 577-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. Ordinance 578-M Mayor Turville read Ordinance 578-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 Jim Hitt, Planning Director, presented the annexation and rezoning request to annex 76 acres, located west of U.S. 27, south side of the South Clermont Connector, adjacent to Legends subdivision. The property owner had approval in the County in 2004, to develop Foxchase as a 162 lot residential subdivision. The development allows a density of 2.1 homes per acre. In October 2005, the property owner, then named Colony Communities, Inc., entered into a wastewater service and developers agreement with the City of Clermont. The property owner also signed a notice of encumbrance, which granted the City the right to annex the property as our discretion. The developer was permitted to construct the model homes prior to annexation, per the City agreement. Lot sizes and configurations are to be constructed in accordance with the preliminary plat approved by the County in February 2005 and according to the terms of the wastewater service and developers agreement. The property owner has provided right of way and is accommodating stormwater for the South Clermont Connector. Because all properties enter the City with Urban Estate (UE) residential zoning, a rezoning to R-1 will accompany the annexation application. The property is contiguous to the city limits through Legends, which is to its east. The County approved developments of the Overlook at Lake Louisa, Timberlake and Drews Landing are to its south, north and west. Access to Foxchase will be from the South Clermont Connector, along its northern property line. The Lake County future land use of Urban Expansion is sufficient to develop the parcel as a residential property. However, as with all annexations, the owner will be required to apply for a comprehensive plan amendment during the City's next amendment cycle. Staff recommended approval of the annexation and rezoning. Also, the Planning and Zoning Board recommended approval. The applicant was present and available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame asked the applicant if any permits have been pulled The applicant advised that the only permit pulled was for the model home. Council Member Mullins moved for adoption of Ordinance 577M• seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Council Member Mullins moved for adoption of Ordinance 578M• seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "ave ". NEW BUSINESS Variance Request -Richard W. Weber Jim Hitt, Planning Director, reported on the variance request for 1677 12"' Street at the southeast corner of Twelfth Street and W. Minnehaha Avenue. The zoning is R-1-A, Single Family Low Density Residential District. The request is to allow for a front setback of 30 feet, rather than 35 feet as required by code. The applicant is requesting the reduction for a new home, in order to save several large oak trees on the southern side of the lot. The front of the home faces 12`h Street and the garage side faces W. Minnehaha Avenue. This is a corner lot which requires a double front setback of 35 feet for each side facing a street. The original permit survey reflected the required 35 feet for this "double" front home. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 To help verify home sites prior to pouring cement, the City requires a form board survey. When the form board survey came in to verify the permits survey, the side garage front facing W. Minnehaha Avenue showed 30 feet rather than the required 35 feet. The reduction was done by the applicant to save the trees on the south side. Staff however did not see this change, and the applicant was allowed to continue building. As a result, the site does need a variance for the reduction on the north garage front of the house that faces W. Minnehaha Avenue. Other homes in the area do have reduced frontages, but there are no other homes on the north side of this block. Staff recommended approval of the request. City Manager Saunders clarified it is a street variance. From the audience, the applicant was present and agreed with staff. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Berlinsky commended Mr. Weber for working to save trees Council Member Goodgame moved approval of the variance request for Richard Weber• seconded by Council Member Mullins. The motion passed with all members present voting "a_ye ". Ordinance 581-M Mayor Turville read Ordinance 581-M aloud 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 text changes to allowable uses in non-established District 3 and a corresponding map change; adopting text changes to Established Business District 1 and Undeveloped District 7; adopting map changes to Undeveloped District 6 (Bosserman), Undeveloped District 2 (Real Life Christian Church) and Undeveloped District 7 (Southern Fields Phase III); adopting text changes to the goals, objectives and policies of the Intergovernmental Coordination element of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and effective date. Council Member Mullins moved introduction of Ordinance 581-M• seconded by Council Member Goodgame. The motion passed with all members present voting "aye " Resolution 1534 Mayor Turville read Resolution 1534 aloud by title only. A Resolution of the City Council of the City of Clermont establishing fees and charges for use of Clermont Parks and Recreation facilities and providing an effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 City Manager Saunders noted there is only one change. The non resident fee has been recommended to be $50. Ten years ago, the City charged a non resident fee of $25 and then Lake County began providing grants to help with additions to parks and one of the stipulations was that cities could not charge a non resident fee. Many cities felt it was prohibitive for them. The County implemented a subsidy grant to give to cities to help county residents that sign up for City programs. Each year, the City would supply the County with a roster of the County participants and then Lake County would send the City a check each year. We were notified recently that Lake County has eliminated the subsidy to the cities. We have been facing budget constraints due to legislative action. They are also eliminating all of the Capital grants to help build or add to facilities. They have also eliminated regional grants which was $150,000 they would give to one applicant each year. In order to be equitable with Parks and Recreation services, it is necessary to charge a non resident fee. Therefore, staff is proposing a $50 non resident fee which is about half of the actual cost of maintaining facilities per participant. Staff recommended Council adopt the fee schedule. The County Commission did make this retroactive to July 1, 2007. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, spoke in favor of the fee increase for County residents. Wayne Varga, 2691 Cedaridge Circle, was present representing the South Lake Little League and Girls Softball. He proposed the non resident fee be $25.00 instead of $50.00 and suggested further discussion at a workshop. As an alternative, he suggested charging the league an hourly fee as it is a non profit league using the fields. Mayor Turville asked how much the league charges the participants. Mr. Varga responded that it is a $100 fee which includes uniform, rental fee, concession stand, and a charter organization fee. There are approximately 50 teams and 600 participants. Council Member Berlinsky inquired how many of the participants are non City residents. Mr. Varga noted 462 are County residents. Council Member Berlinsky spoke in favor of increasing the fee amount for County residents. Mr. Varga questioned if the fee will be raised for tournaments. Mayor Turville noted they will review that later. Mr. Varga stated he understood the major issue is with the County and will challenge the County on their own as a group to increase funding for the municipalities. Council Member Berlinsky noted a clerical error for staff to correct. Council Member Goodgame noted he has been corresponding with County Commission Renick and has encouraged the County to give the City of Clermont additional funds for parks or buy land for parks. Charlene Forth spoke in favor of the fee increase for non City residents. Jonathan Songer, 14334 Grand Highway, expressed opposition to the fee increase for County residents. Cuqui Whitehead spoke in favor of the fee increase. Council Member Goodgame commented that a lot of park projects are on hold due to budget limitations. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 24, 2007 Mayor Turville concurred with staff's recommendation of a $50 increase. Council Member Mullins noted this is common among the 14 municipalities within the County and favored the increase. Council Member Goodgame moved adoption of Resolution 1534 • seconded by Council Member Berlinsky. The motion passed with all members present voting "aye " Millage Rate Mayor Turville remarked the proposed rate is based on the States Legislative direction City Manager Saunders stated the City is required to notify the Tax Appraiser's Office of the proposed millage rate for the new year by the first of August. The proposed rate will be included in a notice mailed to all property owners and will state the date of the public hearings. The proposed budget public hearing dates will be on September 6 and the final adoption on September 13. We are proposing to reduce the millage rate to 3.142, which is consistent with the tax reform recently enacted by the State Legislature. Council Member Goodgame noted this tax cut will amount to approximately $132 per year per household however it impacts the city tremendously. Council Member Goodgame moved that the millage rate for 2007/2008 be established at 3.142 mills; seconded by Council Member Mullins. City Manager Saunders clarified that Council is sending the proposed rate to the Tax Appraiser and the final adoption will be at the September hearing. At that time, Council can lower the rate but not increase. Council Member Goodgame moved that we noti the Appraisers office of the proposed millage rate to be 3.142 mills • seconded by Council Member Mullins The motion passed with all members present voting "aye ". Council Appointment Timothy Murry requested appointment to the Code Enforcement Board. Council Member Goodgame moved that Timothy L Murry be appointed to the Code Enforcement Board; seconded by Council Member Berlinsky The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 8:34pm. APPROVED: old S. Turville, Mayor ATTEST: T acy Ackro d, City Clerk MEMORANDUM TO: Wayne Saunders, City Manager FROM: Joe Van Zile, Administrative Services Directo DATE: July 2, 2007 RE: Information Technology Equipment Surplus Attached is a Schedule of Information Technology Equipment Items that are requested to be declared surplus by the City Council. These items have been removed from use and are intended to be sold at a public auction. Please schedule for City Council approval. City of Clermont, Florida Schedule of Information Technology Equipment to be Surplused July 2, 2007 Monitors Make Model Serial Number Sony CPD-G220R 8031652 Sony CPD-E210 9084986 Sony CPD-E100 4044383 Sony CPD-G220R 8020046 Sony CPD-E100 4019495 Sony CPD-G200 9047620 Samsung Syncmaster AV17H9KX206351 B Uninteruptible Power Supply Units Make Model Serial Number APC 620 NS9831000968 APC 620 NS0146313108 APC 620 NS9831000923 APC 620 NS9831001369 APC 620 NS9831001008 APC 620 NS9831001127 APC 620 NS9831001007 APC 650 PB0304222598 APC 620 NS0146252548 APC 620 NS9831001094 APC 620 NS9831001061 Workstations Make Model Seria{ Number Asus A7N8X 372GOC2982 Asus P3B-F Asus CUV4X Asus P2B-F Asus P2B Asus P26 Asus P4B Asus P46 Asus P4S533 33MM212659 Asus A7N8X 47MM857011