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