08-12-2008 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
AUGUST 12, 2008
The Clermont City Council met in a regular meeting on Tuesday, August 12, 2008 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, 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 of July 22, 2008.
Council Member Goodgame moved approval of the July 22 2008 minutes as written•
seconded by Council Member Mullins. The motion passed with all members rp esent
voting"aye".
PUBLIC COMMENTS
Boy Scout Troop 226 was present. They were in attendance working on the communications merit badge
as it is required to become an Eagle Scout.
REPORTS
City Manager Saunders - No Report
City Attorney Mantzaris - No Report
Council Member Hogan noted he will be attending the Water Alliance meeting in Leesburg.
Council Member Goodgame - No Report
Council Member Mullins commented the Primary election is August 26, 2008.
Mayor Turville noted early voting began this week and will run for two (2) weeks.
Council Member Berlinsky - 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. 1 -Event Request Request closing of Montrose Street from 5`h
Street to 498 W. Montrose for a Church Family
Connection Day from 8a.m. to 4p.m. on Sunday
September 7 -First Baptist Church of Clermont
City of Clermont
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REGULAR COUNCIL MEETING
AUGUST 12, 2008
Item No. 2 -Bid Award Request authorization to allow Petroleum
Refueling Construction to withdraw their bid for
the Eastside Refueling Station and award the bid
to B&M Construction Inc.
Item No. 3 -Change Order No. 5 Request approval of Change Order No. 5 for
installation of additional lighting fixtures for the
Fire Station No.l Expansion project - Johnson-
Laux Construction
Item No. 4- Purchase Approval Request authorization to piggy-back Manatee
County's bid to purchase recycling bins
Item No. S -Purchase Approval Request authorization to piggy-back the Orlando
Utilities Commission, Jacksonville Electric
Authority, Gainesville Regional Utilities, the
City of Winter Park's contract with HD Supply
Waterworks for the purchase of
water/wastewater materials
Item No. 6 -Purchase Approval Request authorization to piggy-back the Orlando
Utilities Commission, Jacksonville Electric
Authority's contract with Ferguson Enterprises
Inc. for the purchase of pipes, valves and fittings
ItemNo. 7-Purchase Approval Request authorization to piggy-back the City of
Orlando's contract with Tampa Armature Works
for the maintenance of the City's emergency
generators
Item No. 8 -Contract Extension Request approval of the contract extension with
A Secure America Inc.
Council Member Mullins moved acceptance of the consent agenda• seconded by Council
Member Goedgame. The motion passed with all members present voting "ate
UNFINISHED BUSINESS
Ordinance No. 596-M Introduction
This item has been requested to be posted to the September 9, 2008 Council meeting.
Council Member Mullins moved postponement of Ordinance 596-M to September 9•
seconded by Council Member Goodgame. The motion passed with all members resent
voting "aye".
Ordinance No. 594-Mlntroduction
This item has been requested to be postponed to the September 9, 2008 Council meeting.
City of Clermont
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REGULAR COUNCIL MEETING
AUGUST 12, 2008
Council Member Mullins made a motion to table Ordinance 594-M to September 9•
seconded by Council Member Goodgame The motion passed with all members present
voting "aye".
Ordinance No. 595-Mlntroduction
Mayor Turville read Ordinance 595-M aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida,
closing and permanently abandoning that portion of right-of-way lying south of Steve's
Road approximately 1,435.33 feet west of U.S. 27; and that portion lying approximately
634 feet south and perpendicular to Steve's Road; and that portion lying approximately
859 feet east of U.S. 27 and south of tracts 11 and 12; all land lying in sections 29 and 32,
township 22, range 26 east, lying in and adjacent to tracts 4, 5, 6, 11, and 12, Lake
Highlands subdivision plat thereof recorded in plat book 3, page 24, public records of
Lake County Florida, as shown in exhibit "A" and further described in the surveys and
legal descriptions as shown in exhibit "B"; repealing all ordinances in conflict herewith;
providing for severability; providing for publication; and providing for an effective date.
Council Member Mullins moved introduction of Ordinance 595-M; seconded by Council
member Goodgame. The motion passed with all members present voting "aye".
Ordinance No. 360-C Final Hearing
Mayor Turville read Ordinance 360-C aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida,
amending the Code of Ordinances, Chapter 90 Concurrency Management, Article 1, in
general, Section 90-6, Adopted Level of Service Standards; Section 90-7, Estimation of
Demand for Proposed Development; providing for severability; providing for an effective
date, and providing for publication.
Jim Hitt, Planning Director, presented information on the ordinance. The Metropolitan Planning
Organization (MPO) adopted the Traffic Impact Study Methodology Guidelines document for Lake
County. Ordinance 360-C is the needed amendment to the Clermont Land Development Code which will
enact these study requirements. A Traffic Impact Study had been required for previous developments
within Clermont; however, these updated requirements will be adopted by all Lake County municipalities
as a way to collectively coordinate all transportation trips within the Transportation Concurrency
Management System (TCMS). These guidelines simplify the review system and include the MPO as the
primary reviewer for all traffic studies in Lake County. The Florida Department of Transportation
(FDOT) will also review studies that impact state rights-of-way. Staff also recommended the Level of
Service (LOS) for the Arterial and Collector roads within Clermont be changed to reflect adopted LOS by
FDOT and Lake County. Staff believes this amendment is needed and is proactive in the review of plans
for the future of Clermont. A question was asked at the last meeting regarding Collector roads in the city;
staff provided a list in the packet. The majority are county roads.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, questioned improving emergency response level of service.
City of Clermont
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REGULAR COUNCIL MEETING
AUGUST 12, 2008
Council Member Goodgame noted this ordinance addresses the level of service of roads.
Mayor Turville provided an explanation of the level of service.
Council Member Mullins asked if this affects city roads. Planning Director Jim confirmed that it does not
Council Member Mullins questioned not passing the ordinance. Council Member Goodgame stated we
would lose the funding on the Hartwood Marsh Road project. Planning Director Jim confirmed that is his
understanding as well, if the ordinance is not approved.
Council Member Goodgame moved for acceptance of Ordinance 360-C; seconded by
Council Member Hogan. The motion passed 4 to 1 on a roll call vote with Mayor Turville
opposing:
NEW BUSINESS
Variance Request -Boyatt
Jim Hitt, Planning Director, presented the variance request to allow a dock without an established
principal use on the same lot and to allow a dock to be less than 25 feet for a side yard setback. Staff
recommended denial of the variance request for a dock and for a side yard setback of less than 25 feet.
Robert and Jodi Boyatt, 599 Magnolia Street, were present requesting approval of the variances. A letter
signed by neighbors in support of the dock was submitted.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5"' Street, opposed the request because of removal of the vegetation.
Bill Banzhaf, 979 W. Montrose, spoke in support of the request.
Mayor Turville closed the public hearing.
Council Member Goodgame moved for denial of the variances; seconded by Council
Member Mullins. The motion passed with all members present voting_`aye".
Variance Request-Jo-EI Townhomes
Curt Henschel, Planner, provided information on the variance request fora 5 foot wide landscape buffer
between the abutting properties to the east, rather than the required 10 foot buffer. The applicant was
originally approved for this variance in August 2007 along with an approved Conditional Use Permit
(CUP) for an apartment complex. Variances have a one year time limit before construction must begin,
and CUP's have a two year time limit. The applicant is requesting a new variance to match the time limit
of the original CUP. No other changes are being requested. The development is adjacent to a wetland area
known as West Lake. In the wetland area, there remains a substantial distance between the project and the
actual property line. This area forms a natural vegetative buffer that provides a screening effect to the
adjacent parcel. Since the buffer is not immediately adjacent to the property line, and there is natural
visual buffer of the wetland area, staff feels the intent of the buffer will be in place and recommended
approval of the 5 foot landscape buffer request.
City of Clermont
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REGULAR COUNCIL MEETING
AUGUST 12, 2008
The applicant was present requesting approval.
Mayor Turville opened the public hearing.
Bill Banzhaf, 979 W. Montrose Street, owns property to the east and is in favor of the request.
Mayor Turville closed the public hearing.
Council Member Goodgame requested changing the time limit for a variance and CUP to be one year.
City Attorney Mantzaris stated the language in the variance provision could be changed for the time
frame to be set for each individual variance and it could be part of the staff recommendation.
The council agreed to the suggestion made by City Attorney Mantzaris.
Council Member Hogan made a motion to continue the variance associated with the
original request; seconded by Council Member Mullins. The motion passed with all
members present voting_"a~".
Variance Request -Mirror Lake Subdivision
Curt Henschel, Planner, reported on the seven (7) variance requests. The variances are as follows: to
allow for a private street; to construct only one cul-de-sac at the end of the street with no intermediate cul-
de-sac; reduce the minimum roadway centerline radius from 100 feet to 50 feet; reduce the road right of
way width to 50 feet; construct a sidewalk on only one side of the street where homes will be located;
reduce the front building setback to 20 feet; and to allow a topographical elevation change up to 15 feet.
These variances were previously approved in August 2007 but because construction had not started within
one year, these variances were rendered void. Staff recommended approval of the seven (7) variances.
Applicant, Bob Thompson, was present requesting approval. They are working with city staff.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5"' Street, would like to see more than one entrance and exit in subdivisions.
Mayor Turville closed the public hearing.
Council Member Goodgame moved approval of the seven (7) variances for Mirror Lake
Subdivision; seconded by Council Member Hogan. The motion passed with all members
present voting "ave".
Variance Request -Golden Coral Restaurant
Jim Hitt, Planning Director, presented information regarding the request. The variance is to allow for the
right-of-way buffer to be 15 feet in width rather than the minimum 20 feet and to allow the perimeter
buffer to be 5 feet in width rather than 10 feet. This variance was granted by the City Council on October
10, 2006, and due to Grand Highway construction plans, construction was delayed. With the
redevelopment of the intersection being the developer's responsibility, staff was not opposed to the
landscape buffer reductions and recommended approval of the variance request.
City of Clermont
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REGULAR COUNCIL MEETING
AUGUST 12, 2008
Applicant, Doug Dannen, was present and available to answer any questions.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins moved to grant the variance; seconded by Council Member
Goodgame. The motion passed with all members present voting "aye".
Request for Proposals -Former Cooper Memorial Library Site
City Manager Saunders advised Council the document in the packet was drafted by Assistant City
Manager Gray. The language drafted was written to produce proposals broad enough to generate interest
for some type of public/private partnership for the site. It will require any firm or person to give details on
the proposal. It is a two (2) step process. Council will be involved in the process and Council can
determine which proposal would be in the best interest of the city to accept.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Mayor Turville recommended including language that they would have to deal with onsite parking. City
Manager Saunders concurred and suggested placing a statement that any proposed project would be
expected to meet onsite parking requirements.
Council Member Goodgame reviewed his suggested changes to the drafted document to include the
following: Page 1, first paragraph add "see attached property map"; under Process, in the first line change
the word "following" to "after a review"; add "(RFP)" after the term "Request for Proposal"; on page 2,
top paragraph, add "For interested parties"; on the bottom of page 2, add "(to develop a short list of
interested parties)"; request 3 years of finance reports and in developing the short list, request previous
relevant development experience specifically experience with public sector projects, public/private joint
venture projects, mixed use projects and the various uses proposed for this project; remove "nine" and
replace with "ten" at the bottom of page 4; in the last bullet of page 6, change to "any member of city
council or staff '; also add any party returning this document properly executed to signify their
understanding and acceptance of all conditions stated herein or language with that intent drafted by City
Attorney Mantzaris.
Mayor Turville expressed concern with the request for finance information. City Manager Saunders
suggested including experience but to wait on the short list before requesting financial statements. The
suggested parking language can be added in the scope and intent section on the first page.
Council Member Goodgame moved acceptance of the RFP with modifications• seconded
by Council Member Hogan. The motion passed with all members present voting "ate
City Manager Saunders remarked the policy for advertising requires 20 days and requested more time for
this request. Mayor Turville recommended 90 days.
Council Member Goodgame moved to extend the time limit to 60 days; the motion died for the lack of a
second to the motion.
Charlene Forth, 939 W. Desoto Street, asked for 90 days to give someone a fair chance.
City of Clermont
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REGULAR COUNCIL MEETING
AUGUST 12, 2008
Council Member Berlinsky preferred 90 days and City Manager Saunders suggested 90 days.
Council Member Mullins moved to change the deadline to 90 days; seconded by Council
Member Berlinsky. The motion passed with all members present voting "aye".
Council Member Berlinsky suggesting using this same concept for the Community Center to see if
someone in the private industry would like to lease the site to build and operate a facility. The $Smillion
funds planned for the Community Center could be used to build a 3 story building at Jenkins Auditorium
with placement of a library on the first floor.
Mayor Turville recommended that subject be discussed at a future workshop.
Niagara Bottling Inc.
City Manager Saunders informed Council of the resolution circulating the municipalities within Lake
County showing support for the opposition of Niagara Bottling Company use permit. This resolution
could be adopted tonight without being on the agenda. The resolution does not obligate the city to pay a
dollar amount. Currently, Lake County and Groveland filed the motion for a petition for administrative
hearing. Groveland indicated financial support for this battle. The City of Eustis discussed this at their last
meeting and Leesburg adopted the resolution but did not support financially. The City received an email
from Lake County administration requesting financial support.
City Attorney Mantzaris noted the City of Groveland has agreed to pay for half the cost of litigation.
Mayor Turville suggested financial support to not exceed $30,000.
Council Member Goodgame stated Mount Dora is drafting an ordinance prohibiting a bottling plant from
being an acceptable business within their city. He recommended City Attorney Mantzaris draft a similar
ordinance for us to consider.
Council Member Mullins stated the issue should be with the state instead of Niagara Bottling Company.
Council Member Berlinsky suggested building support for the state to take a position.
Mayor Turville opened the public hearing.
Charlene Forth, 939 W. Montrose, suggested disbanding St. Johns River Water Management District.
Mayor Turville closed the public hearing.
Council Member Berlinsky moved for adoption of Resolution with 2 additions to the whereas clauses to
add whereas, the demand for water enacts the ability to naturally replace it is our opinion that water
should now be deemed a non renewable natural resource. Whereas, non renewable resources can be
subject to state severance tax. And, after item 2, add number 3, the City of Clermont recommends that the
Florida Legislature define non salable water as a non renewable natural resource B) a state severance tax
should be adopted and imposed on all commercial extraction of non-salinable water for commercial
distribution C) all water severance taxes will be placed in a trust fund to develop alternative sources of
non-salable water; the motion died for the lack of a second to the motion.
7
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
AUGUST 12, 2008
Mayor Turville suggested discussion at a workshop.
Council Member Berlinsky moved to adopt the Resolution as submitted; seconded by
Council Member Goodgame.
Jim Purvis spoke in agreement to support financially noting the County deserves the support of the
municipalities.
Mayor Turville read Resolution 1589 aloud by title only.
A Resolution of the City Council of the City of Clermont, Florida supporting Lake
County's and City of Groveland's concerns related to water consumption by Niagara
Bottling, LLC and confirming its commitment to reduce growth in water consumption.
The motion passed 4 to 1 with Council Member Mullins opposing_
Council Member Berlinsky moved that we authorize the expenditure up to $30,000 as a
contribution towards the legal cost to be incurred by the County in the lawsuit involving
Niagara at this time; seconded by Council Member Goodgame.
City Manager Saunders suggested amending the motion to contribute a percentage of the fees up to
$30,000 to only pay a portion of the fees. He suggested funding 10 percent up to a maximum of $30,000.
Council Member Berlinsky and Council Member Goodgame agreed to amend the motion
for 10 percent not to exceed.
The motion passed 4 to 1 with Council Member Mullins opposing
Ordinance No. 36l -C Introduction
Mayor Turville read Ordinance 361-C aloud by title only.
An Ordinance of the City Council of the City of Clermont amending Chapter 46,
"Pensions and Retirement", Article V, Divisions 1 and 2 of the city code by amending
Section 46-203, "Board of Trustee" to provide a City Council Member shall be an
appointed member of the Police Officers Retirement Plan Board of Trustees and
amending Section 46-253, "Board of Trustees" to provide a City Council Member shall
be an appointed member of the Firefighters Retirement Plan Board of Trustees; providing
for codification, severability, conflict and effective date.
Mayor Turville commented on receiving information regarding an Attorney General opinion that this
proposed ordinance change is not legal.
City Attorney Mantzaris confirmed he has reviewed it and it is legal.
Council Member Goodgame moved for introduction of Ordinance 361-C; seconded bX
Council Member Mullins. The motion passed with all members present voting "aye".
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
AUGUST 12, 2008
Ordinance 60l-M introduction
Mayor Turville read Ordinance 601-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.
Council Member Mullins moved for introduction of Ordinance 601-M: seconded by
Council Member Hogan.
Council Member Goodgame commented on receiving a letter in opposition and was not in favor
of introducing the ordinance.
The motion passed 3 to 2 with Council Members Goodgame and Ho~a, n opposing_
ADJOURN: With no further comments, this meeting was adjourned at 9:08pm.
APPROVED:
-~ ,.
r ~,~,
_. ~~®
rold S. Turville, Mayor
ATTEST:
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Tracy Ackroyd, Qity Cler