06-09-2009 Regular MeetingCiry of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
The Clermont City Council met in a regular meeting on Tuesday, June 9, 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.
PUBLIC COMMENTS
Wally Herda thanked Lamb's Nursery for donating and planting flowers at the Clermont entrance and
requested the City Council send a thank you. Mr. Herda asked City Manager Saunders to have staff repair
the outlet on 8"` Street and Montrose Street. It is important to the vendors for the Farmers Market.
City Manager Saunders stated the vendors have been notified to not use the outlets. He also noted the
flowers are a beautiful addition and thanked Mayor Turville for his involvement.
Mr. Herda questioned why the city would not allow the vendors to use electricity and further commented
it is beneficial to the city. Mayor Turville suggested putting it on the workshop agenda for discussion.
Jim Purvis, 4206 Hammersmith Drive, suggested making changes to allow vendors access to electricity.
Ann Dupee, 389 Division Street, reported on the opening of the $12.5 million dollar, 50,000 square foot
library located within Clermont's city limits on the campus of Lake Sumter Community College (LSCC).
This is a joint use venture of LSCC, the University of Central Florida and the Lake County Library
system. Cooper Memorial Library has 26,000 registered borrowers. LSCC's enrollment in 2007 was
1,149, in 2008 it was 1,521 and the fall of 2009 is expected to be much higher. The average student age is
25, and more adults are availing themselves of classes and computer technology to enhance their lives and
job opportunities. This library is not in the location that some in the city would have wished, but
requested the city move forward and support this facility which will have the capability of enriching and
advancing the lives of our residents and students of all ages. Many local residents and organizations have
shown their support through sponsorships, from $50 bricks to individual rooms. Clermont has shown its
dedication to preserving our history with the restoration of the original Cooper Memorial Library at the
Historic Village. Ms. Dupee expressed her desire for the City of Clermont to show support of this new
educational and cultural addition to our community by sponsoring the Florida/Genealogy Room, which
has a sponsorship of $15,000. She also distributed sheets to sign up to purchase individual bricks.
Morten Bjoem expressed an interest in starting a rowing club in Clermont. He has spoken to City
Manager Saunders and Assistant City Manager Gray and found a location beside the Wakeboarding
School. In the future, there will be a scholarship program for high school students. Mayor Turville
advised this will have to be placed on an agenda for Council consideration. City Manager Saunders
commented staff will meet with him to work out details then return to the City Council.
Rodney Lyons, 214 Carroll Street, expressed concern with criminal activity in his neighborhood and
questioned police response. City Manager Saunders reported the Police Department recently completed
an operation with the Lake County Sheriff's Office resulting in warrants of arrest for 14 people. There
was one minor out of the 14 arrested.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
Mayor Turville encouraged public involvement and asked Mr. Lyons to continue communicating with
Chief Graham. Council Member Goodgame requested Chief Graham at the next Council meeting to
answer questions. City Manager Saunders suggested the workshop on June 15.
Cuqui Whitehead, 837 5"' Street, commented on seeing portions of the city cleaned up.
REPORTS
City Manager Saunders reported the election qualifying dates is the week of June 15 through 19. The City
was notified last year by an attorney representing the estate of Lillian Bridges Davis, who was a previous
resident of Clermont. She left $100,000 in her will to the City of Clermont designated for parks. 80
percent of the distribution has been made and received a letter this week in attempting to close the estate
letting the beneficiaries know there were not enough funds to pay the full amount. They are requesting all
beneficiaries to agree to the final disposition to close out. The final amount the City of Clermont will
receive is $98,929.06. Staff is asking for Council permission to accept the final distribution.
Council Member Mullins moved in favor of accepting the final distribution; seconded by
Council Member Hogan. The motion passed with all members present votin~"aXe".
Mayor Turville requested the city recognize the estate for this contribution.
City Manager Saunders noted staff has been working on the comprehensive plan update. Consulting firm,
LDI, has been working on the rewrite of the plan. Staff received the Objections, Recommendations and
Comments (ORC) report and is pleased to report there were only seven (7) comments received. There is a
considerable amount of work to be done in order to complete the project. Planning Director Hitt requested
the LDI contract be amended for $6,000 to complete the additional work and City Manager Saunders
concurred with the recommendation.
Council Member Hogan so moved; seconded by Council Member Mullins. The motion
passed with all members present voting "aye".
City Attorney Mantzaris - No report
Council Member Hogan reported the Water Alliance meets tomorrow in Leesburg.
Council Member Goodgame stated the construction work on Highway 50 will be starting soon. Mr.
Goodgame reported on a conference call he had with TJ Fish, Executive Director of the Metropolitan
Planning Organization, and George Lovett, Director of Project Development, to discuss the funding of the
western portion of Highway 50 from Hancock to Grand Highway. The original estimate was $8.3 million.
The new bid received is $6.4 million.
Council Member Mullins thanked Ms. Lamb and Mayor Turville for planting the flowers at 8`h Street. He
attended the Grand Opening of BJ's Whole sale Club and they were complimentary of city staff Tamara
Richardson and Jim Hitt. Also, the Art Work will be held on Saturday from gam to 3pm in downtown
Clermont.
Council Member Thompson received a request from Marlene O'Toole, State Representative, asking to
use the Council Chambers for a south Lake County update on June 30. City Manager Saunders did not
believe there would be a conflict.
2
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
Council Member Thompson introduced Michael Fagan. He is a senior at South Lake High School and is
taking an American Government class to be dual enrolled as a senior at South Lake and a freshman at
Lake Sumter.
Mayor Turville reported on the Mavericks first home game. They are currently playing at East Ridge
High School and are interested in using Bishop Field next season. He further commented on city staff
assistance with planting flowers on 8`h Street. There were a total of 534 flowers planted and Lamb's
Nursery is planning to maintain the flowerbed.
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 -Plat Approval
Item No. 2 -Event Request
Item No. 3 -Change Order #2
Item No. 4 -Surplus Equipment
Request approval of the Watson Center at Clermont,
a commercial subdivision
Downtown Partnership Request use of the City Parking
Lot and driveway on Montrose St. between the South
Lake Animal League and the Olivenbaum Insurance
building for the location of a portable stage for the
Annual Sidewalk Chalk Contest on Saturday June 13th
Request approval of Change Order # 2 for the Cooper
Memorial Library Relocation project for Marbek
Construction in the amount of $3000
Request authorization to surplus Fire Department Staff
Car
City Manager Saunders pulled item 1 from the consent agenda and will return to Council at a later date.
Council Member Goodgame moved for items 2, 3 and 4 of the consent agenda be
approved; seconded by Council Member Mullins. The motion passed with all members
present voting "ate
UNFINISHED BUSINESS
Resolution 1613 -Verde Ridge
This item has been requested to be withdrawn.
NEW BUSINESS
Open Air Sales Permit - RB Drive Thru Paradise Fruits & Vegetables
Jim Hitt, Planning Director, reported on the request. Open Air Sales Permits are time constrained for a
maximum of 30 days, one time per year. Permits for longer must be approved by City Council.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
The applicant is requesting this permit to run with the business at this location, unless the business is
moved, or ceases operation for more than six months. The applicant is requesting to display two stands
because the sales operation of the fruit stand relies on visual aids to gain customers. This site had
previously been used for drive thru retail sales, and before that a gas station. The building has been
repainted and the site was recently repaved where the original fuel tanks were removed. Staff
recommended approval. The permit shall be cancelled if the business does not maintain the Business Tax
Receipt or ceases operation for more than six months.
The applicant was present and available for questions.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, reported the establishment having an illegal sign and noted the
location is not well kept.
Mayor Turville closed public hearing.
The applicant stated he has made landscaping improvements to clean up the property.
Mayor Turville commented he would rather have a fresh vegetable market than a convenience store at
that location.
Council Member Goodgame asked if this station will be bought out by the Florida Department of
Transportation. City Manager Saunders noted that it will not be.
Council Member Mullins moved to grant the open air sales permit; seconded by Council
Member Hogan. The motion passed with all members present voting_"aye".
Variance Request -Buffalo Wild Wings Restaurant
Mr. Hitt, Planning Director, presented the requests. The first variance requested is to allow for an outside
patio on the southeast side of the restaurant. The Code requires that all uses be enclosed within the C-2
General Commercial District. This type of use is similar to other restaurants in Clermont and will enhance
the visual appeal and activity of the shopping center. Staff recommended approval because this outside
use is not adjacent to any residential use and is not a detriment to the area. The second variance is to allow
for a reduction of the required number of parking spaces. The applicant is requesting a 14 space reduction
from 116 required parking spaces to 102 provided parking spaces. Cross parking on the adjacent parking
area of the shopping center is available for any overflow parking issues. Staff recommended approval of
the parking reduction variance request.
Scott Gentry, Engineer, was present on behalf of the applicant. Buffalo's is a sports themed family style
restaurant. He worked with staff and the building has been reduced.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5`h Street, voiced concerns with the outside seating area.
Andrew Gross explained this is a full service restaurant inside and outside. The restaurant will be open
until 2:OOam.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
Jim Purvis, 4206 Hammersmith Drive, questioned whether there would be a covering for the outdoor area
and expressed concern with an outdoor bar.
Scott Gentry confirmed the outdoor area is covered.
Mayor Turville closed the public hearing.
Council Member Mullins questioned the type of license the restaurant will have. The applicant confirmed
they will have an SRX license therefore having to sale 51% food.
Council Member Mullins did not believe noise would be an issue given the location is not around
residential properties.
Council Member Goodgame requested standard language related to noise.
City Attorney Mantzaris clarified that language is placed in Conditional Use Permits; this is a variance
request.
Council Member Goodgame expressed concern with the restaurant hours.
City Manager Saunders suggested limiting the hours for the outside seating to midnight.
Council Member Thompson commented the restaurant in Casselberry is very nice and clean. He noted
other restaurants are open until 2:OOam and he did not have an issue with the request.
Dale Menninger, Construction Manager for Weingarten, commented on having an existing OEA
throughout the center with all major tenants having specific language related to noise. If it became a
problem, they would step in and close the business.
Council Member Mullins moved to grant the two {~ variances requested; seconded by
Council Member Thompson. The motion passed with all members present voting "aye".
Variance Request -Family Christian Center
Curt Henschel, Planner, presented the request. The applicant requested a variance for grass parking area.
The church is currently working on a master development plan that proposes a new gymnasium and
school building at the grass parking location. The applicant wishes not to pave this area because it is
designed for future development. The church property has been granted prior variances for grass parking
adjacent to Highway 27 as well as a large area for the prior master development plan. The existing grass
parking has not created any drainage or runoff problems in the past and has been kept in good condition.
The overall site will be parked per code including the grass parking area. The church is proposing to pave
the drive isles to prevent erosion. Without the requested variance, the applicant would be required to
demolish the parking lot that may only be a few years old in order to construct a gymnasium and school
building for the master development plan. Staff recommended approval of the grass parking spaces with a
condition that all drive isles be paved and parking is stabilized as approved by the City Engineering
Department.
Applicant Bill Van Wagner was present on behalf of Family Christian Center and was available for
questions.
5
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
Mayor Turville opened the public hearing.
Herbert McKinney, 12711 Catherine Circle, requested a buffer to prevent noise.
Mr. Van Wagner responded there is a 35 foot buffer with natural vegetation according to city
recommendation. There are no outdoor speakers except for special occasions such as Easter and
Christmas. Furthermore, he does not believe there is a need for an additional buffer.
City Manager Saunders noted the applicant is working on a master plan for the entire site. At that time,
the Council could address the noise situation to ensure there is not a problem.
Mayor Turville closed the public hearing.
Council Member Hogan moved to grant the variance request; seconded by Council
Member Mullins. The motion passed with all members present voting "ate
Variance Request -Oakwood Restaurant
Jim Hitt, Planning Director, presented the request. There are a total of four outparcels that face U.S. 27,
three are directly on U.S. 27, and the fourth is the Oakwood Smokehouse, which is separated from U.S.
27 by a retention pond. This business is the only one that does not have a sign, and is requesting to use the
retention pond for placement of a sign. Although the building can be seen from U.S. 27, it is set back
farther than the other three outparcels, and the retention pond is elevated from U.S. 27, as is the Oakwood
Smokehouse. The applicant has requested this variance to place their offsite monument sign on the
western part of this retention pond parcel, facing U.S. 27. Staff recommended approval for the offsite sign
because the drainage pond cannot be built on and is directly adjacent to the only business to use this
location for an individual sign.
The applicant was present and available for questions.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5"' Street, spoke in support of the offsite sign request.
Jim Purvis, 4206 Hammersmith Drive, supported the request.
Mayor Turville closed the public hearing.
Council Member Goodgame moved for acceptance of the variance; seconded by Council
Member Mullins. The motion passed with all members present voting "aye".
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 9, 2009
Ordinance No. 621-M Introduction
Mayor Turville read Ordinance 621-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 changes to the Future
Lane Use Map and adopting text changes to the goals, objectives and policies of the
Future Land Use, Transportation, Housing, Sanitary Sewer, Solid Waste, Stormwater
Management, Potable Water, Natural Groundwater Aquifer Recharge, Conservation,
Recreation and Open Space, Public School Facilities, Intergovernmental Coordination
and Capital Improvements Elements 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 an effective
date.
Council Member Mullins moved for introduction of Ordinance 621-M; seconded by
Council Member Good~ame. The motion passed 5- 0 on a roll call vote with all members
present voting "aye".
ADJOURN: With no further comments, this meeting was adjourned at 8:35pm.
APPROVED:
arold S. Turville, Mayor
CITY OF CLERMONT
Office of the Fire Chief
To: Wayne Saunders, City Mana er
From: Carle L. Bishop, Fire Chief ~~~~----
Re: Surplus, FD Staff Vehicle
Date: May 28, 2009
I am requesting the following Fire Department Staff Car to be placed on the June 09, 2009
Council Agenda for surplus.
Vin #
Model/Year Tag
2FAFP71 W9WX117237 Ford Crown Victoria - 1998 84721
439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 34711
PHONE: 352/394-7662 • FAX: 352/241-4904