05-12-2009 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
MAY 12, 2009
The Clermont City Council met in a regular meeting on Tuesday, May 12, 2009 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 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 of April 14, 2009.
Council Member Goodgame moved for approval of the minutes of April 14, 2009 as
written• seconded by Council Member Mullins. The motion passed with all members
present voting "aye"
PUBLIC COMMENTS
Cuqui Whitehead, 837 5"' Street, thanked those who attended the Kiwanis Prayer Breakfast on May 7,
2009. She expressed concern with Homeowner Associations giving fines to residents who are trying to
follow the water restrictions. Council Member Thompson commented on a recently passed Senate Bill
that places St. Johns River Water Management restrictions above covenant restrictions and allows for
Florida friendly landscaping.
REPORTS
City Manager Saunders scheduled a Council workshop on Thursday, May 21 at 6pm.
City Attorney Mantzaris - No report
Council Member Hogan - No report
Council Member Mullins attended the League of Cities meeting last Friday. All of the cities
agreed to sign the letter regarding St. Johns River Water Management District and it has been
sent to the Governor's office.
Council Member Thompson expressed concern with a proposed Senate Bill that will be
restructuring the way the St. Johns River Water Management District operates. The Executive
Director will have final rights for approval. Council Member Goodgame asked City Engineer
Richardson to check on it. Mr. Thompson also noted The Early Learning Coalition of Lake
County received a grant from Washington for $380,000 to subsidize child care for an additional
200 children.
Council Member Goodgame commented on the Department of Transportation (DOT) holding a
meeting today at the Lutheran Church regarding the widening of Highway 27 from Cluster Oaks
Drive to the Lake Louisa red light.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MAY 12, 2009
Mayor Turville received an offer to provide flowers to the City at no cost at the northeast entrance around
the Lake. The flowers will be donated and installation handled by professionals. Council Member Mullins
questioned whether irrigation is available. City Manager Saunders will find out if the irrigation is
functional in the area.
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 -Purchase Approval
Request authorization to partner with the South
Lake Chamber of Commerce for one half of the
cost of $800 ($400 each) for rehabbing their
portable stage
Item No. 2 -Purchase Approval
Police Dept. request authorization for the
purchase of a virtual private network to
accommodate laptop computers in patrol
vehicles
Item No. 3 -Edward Bryne Memorial Justice Grant Police Dept. request approval of the
allocations of funds from the Edward Byrne
Memorial Justice Grant
Item No. 4 -Change Order No. 2
Engineering Dept. request approval of Change
Order No. 2 for the Fire Station 3 project to
Marbek Construction for a credit in the amount
of $329,723.46
Item No. 5 -Bid Award
Item No. b -Scope of Services
Item No. 7 -Scope of Services
Authorization to award bid for the 5unnyside
Drive, Pine Lane, Chestnut Street and West
Avenue Stormwater Improvements project to
Boykin Construction Company in the amount of
$363,251.10 -Engineering Dept.
Request approval of Scope of Service, Task
Order No.9, Amendment No. 2 in the amount of
$84, 886.00 for Boyle Engineering to proceed
with professional engineering services
pertaining to the East Side Water Reclamation
Facility Expansion project -Engineering Dept.
Request approval of Scope of Service, Task
Order No.26 in the amount of $32,392.00 for
Boyle Engineering to perform professional
services related to the analysis and design
criteria of Lift Stations E-14 and E-15
Jim Purvis requested item 4 and Council Member Goodgame pulled item 1 from the consent agenda.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MAY 12, 2009
Council Member Mullins moved acceptance of consent agenda items 2 3, 5, 6 and 7;
seconded b~ Council Member Goodgame The motion passed with all members present
voting_"aye".
Council Member Goodgame commented on item 1. He received an email from Ray San Fratello
regarding the dollar amount. The cost will be $330 as they will have prison labor doing the work.
Council Member Goodgame moved that item 1 be no more than $400; seconded by
Council Member Hogan The motion passed with all members present voting "aye".
Jim Purvis questioned item number 4 of the consent agenda.
City Manager Saunders stated the contracts are written so the City can direct purchase materials for
contracts and with direct purchase, we save sales tax. The contractor's agreement is reduced by that
amount.
Council Member Goodgame moved for approval of item 4 of the consent a eg nda;
seconded by Council Member Hogan. The motion passed with all members present
voting "aye".
UNFINISHED BUSINESS
Variance Request -Claude Wells
Planning Director Hitt presented the variance request to allow for a front yard setback of 16 feet rather
than the 25 feet required. The applicant is proposing to build a covered patio/garden area to reduce
excessive noise from traffic on Brogden Dive and Lakeshore Drive. The proposed patio will extend into
the front setback by 9 feet, leaving a 16 foot setback where a 25 foot setback is required. The patio will be
27 feet by 18 feet; will have a covered roof and side walls to buffer the traffic noise. While the right-of-
way for Brogden Drive is above average, no other buildings encroach within the required setback in the
area. Staff recommended denial of the variance request fora 16 feet front yard setback.
Applicant, Claude Wells, was present. He explained the reason for the request is to buffer the noise.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5"' Street, agreed with staff's recommendation.
Mayor Turville closed the public hearing.
Council Member Thompson inquired about the lot size. Planning Director Hitt noted it is 104 by 200.
Mr. Wells stated the reason for an additional two feet is to not see the cars on Brogden Drive.
Council member Goodgame moved to deny the variance application; seconded by
Council Member Mullins.
Council Member Thompson asked if the neighbors had any comments.
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City of Clermont
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REGULAR COUNCIL MEETING
MAY 12, 2009
Mr. Hitt received a letter from a neighbor on Lakeview Drive stating he did not have a problem with the
request. The letter was provided to each of the Council Members. Council Member Thompson spoke in
favor of the request noting it was a unique situation.
The motion passed 4 to 1 with Council Member Thompson opposed.
Emergency Notification Sirens
Mayor Turville commented this item has been discussed at a previous workshop and placed on the agenda
at the request of Jim Purvis.
Jim Purvis, 4206 Hammersmith Drive, requested Council consider sirens for emergency notification. He
suggested a complete analysis and cost proposal by at least one vendor.
Mayor Turville opened the public hearing.
Judy Proli, 1020 Everest Street, spoke in support of sirens.
Bernard Farthing, 4351 Hammersmith Drive, mentioned the importance of preparing for a disaster.
Mayor Turville closed the public hearing.
Mayor Turville supported soliciting proposals from qualified professionals to find out the cost.
Council Member Goodgame agreed and suggested determining the decibel level to ensure it is heard
inside of homes.
Mayor Turville recommended seeking a Request for Proposal.
Council Member Thompson recommended researching text messaging as an emergency notification.
Council Member Mullins stated Homeowner Associations should have the option to place sirens in their
community without the City, if they desire to do so.
Council Member Hogan moved to have a Request for Proposal; seconded by Council
Member Goodgame.
Under discussion, Mayor Turville advised to invite Mr. Purvis when this is brought back to Council.
The motion passed with all members present voting "awe".
NEW BUSINESS
Variance Request - Feeser
Planning Director Hitt reported on the variance request to allow for a solid roof to be installed on a
screened patio within the required rear yard setback. The applicant's lot is pie shaped with 108 feet along
the rear property line, and 47 feet wide along the front right-of-way line. The applicant's lot is adjacent to
a common green area within the development.
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City of Clermont
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REGULAR COUNCIL MEETING
MAY 12, 2009
Staff did not see any encroachment issues with adjacent neighbors. Also, swimming pools with screen
cages would be allowed within 7.5 feet from the rear property line further encroaching into the rear yard
setback. Staff was not opposed to the variance request.
Applicant, Bernard Feeser, was present requesting approval. He noted the common area is not used.
Furthermore, there are other screen enclosures in the neighborhood.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame questioned the purpose of the request. Mr. Feeser explained the reason for
the request is to provide shade and protection from the sun. It will also bring additional value to the home.
Council Member Goodgame recommended adding a stipulation that it cannot be closed in later. Mayor
Turville remarked that is automatic.
Council Member Thomson moved to approve the variance request as written• seconded
by Council member Ho~~an•
Council Member Goodgame requested adding in the stipulation to not enclose it into the living space.
City Attorney Mantzaris stated the application is for a screened room. It is not for a closed addition to the
house. It is incorporated into the application.
The motion passed 4 to 1 with Council Member Goodgame opposed.
Economic Development -Granville Avenue Water
City Manager Saunders reported on Lake County's request for the City of Clermont to partner with them.
Lake County is proposing to install water and sewer to provide service to ten (10) lots in a subdivision.
They are proposing the county fund the sewer installation and asking the city to consider installation of
the water main. The cost is approximately $50,000. This would help attract businesses and jobs in the
area. They proposed to talk to the property owners about considering rezoning the property to a zoning
category that would only allow the types of uses in their target industries for economic development. The
county is not requesting a final decision but to consider moving forward with a partnership. The next step
is to develop the list of allowed uses then bring back to Council for final approval. The city would benefit
from receiving the impact fees for water and sewer and monthly service fees. All property owners would
have to sign an agreement to annex once the property is contiguous to Clermont city limits. They are
looking for Council to accept the concept and will work out the details later.
Mayor Turville noted he did not have any issues with the proposal.
Council Member Goodgame thought it was a good opportunity to work with the county.
Council Member Mullins noted his preference to continue to keep that area of the JPA as a job center and
referenced a proposed moratorium on impact fees.
Council Member Mullins moved to work with the county to help this project be
successful• seconded by Council Member Goodgame. The motion passed with all
members present votin~`a~e".
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MAY 12, 2009
Jim Purvis, 4206 Hammersmith Drive, agreed this is a great opportunity for the City of Clermont to
partner with Lake County.
Visioning Survey -Lake County Water Alliance
City Manager Saunders reported the Lake County Water Alliance has requested each Member City to
complete the survey to assist the Alliance in focusing on and defining the role of the Alliance. Staff has
completed the survey to the best of their ability. Mr. Saunders requested Council make any necessary
changes and asked for a consensus on the response. The survey will be forwarded to the Alliance and
combined with other member surveys to develop an overall consensus of the members on the issues.
The Council was in agreement with staffs responses to the survey.
Council and staff discussed responses that were left blank. Mayor Turville suggested marking a low
response rather than not at all. City Manager Saunders suggested staff contact the Lake County Water
Alliance for clarification of the intent.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goo~ame moved to adopt as to staff's recommendation; seconded by
Council Member Mullins. The motion passed with all members present voting"aye".
Ordinance 616-M Introduction
An Ordinance of the City of Clermont, 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 forth the
authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth
the purpose and 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 Goodgame moved for introduction of Ordinance 616-M; seconded by
Council Member Thompson. The motion passed with all members present voting "aye".
Ordinance 617-M Introduction
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.
Council Member Goodgame moved for introduction of Ordinance 617-M; seconded by
Council Member Thompson. The motion passed with all members present voting "awe".
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MAY 12, 2009
Ordinance 619-M Introduction
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 619-M; seconded by
Council Member Hogan.
Council Member Goodgame suggested denying this ordinance for introduction and noted the residents are
opposed to the proposal. Council Member Mullins preferred the request to continue through the public
hearing process.
The motion passed 4 to 1 with Council Member Good ag me opposed.
Ordinance 620-M Introduction
An Ordinance of the City of Clermont, 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 forth the
authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth
the purpose and 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 introduction of Ordinance 620-M; seconded by
Council Member Tho meson The motion amassed 4 to 1 with Council Member Goodgame
imposed.
Ordinance 365-C Introduction
An Ordinance of the City of Clermont amending Chapter 14, "Buildings and Building
Regulations", Article 1, "In General" by creating section 14-9 "International Property
Maintenance Code", providing for the incorporation of the maintenance code into the
City Code; providing for severability, conflict, codification and effective date.
Council Member Mullins moved for introduction of Ordinance 365-C; seconded by
Council Member Goo~ame. The motion passed with all members present voting "aye".
Ordinance 366-C Introduction
City Manager Saunders requested pulling Ordinance 366-C from the agenda. The Department of
Transportation (DOT) requested further discussion with staff on the language for Eminent Domain.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MAY 12, 2009
Ordinance 367-C Introduction
An Ordinance of the City of Clermont, Florida relating to red light signal violations;
amending Chapter 62, Traffic and Vehicles, of the City Code by creating new Article III,
"Red Light Signal Violations", sections 62-40, et sequel, providing for definitions;
adherence to Red Light Traffic Control Signals; Enforcement; Notice of Violation;
Owner Responsibilities; Appeal; Penalties and Administrative Charges and providing for
severability, conflict, codification and an effective date.
Council Member Goodgame moved for introduction of Ordinance 367-C• seconded bX
Council Member Mullins The motion passed with all members present voting "ate
City Manager Saunders requested additional discussion of the Emergency Notification System. He
suggested staff request proposals of Emergency Notification Systems rather than only looking at sirens to
determine what is available. The City Council agreed with the recommendation. Mayor Turville further
suggested staff have ample responses to the sirens request.
ADJOURN: With no further comments, this meeting was adjourned at 8:29pm.
APPROVED:
aro S. Turville, Mayor
ATTEST:
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Tracy A oyd, City Cd k
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