10-27-2009 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
The Clermont City Council met in a regular meeting on Tuesday, October 27, 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 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 October Z3, 2009.
Council Member Mullins moved acceptance of the minutes of the regular meeting_of
October 13; seconded by Council Member Thompson The motion passed with all
members present voting "ate".
PROCLAMATION
City Clerk Ackroyd read the National American Indian Heritage Month Proclamation aloud.
RECOGNITION
Fire Chief Bishop presented a Community Service Award to Jesse Manley for his heroic actions in saving
the life of a citizen involved in an automobile accident.
PUBLIC COMMENTS
Cuqui Whitehead, 837 5"' Street, thanked the City and the volunteers for the 125`h celebration.
Todd Whitlock, 3773 Glenford Drive, commented on a letter sent to Police Chief Graham regarding the
jurisdiction between the city and county as it relates to debris in the roadways.
REPORTS
City Manager Saunders commended staff for the 125"' celebration events.
City Attorney Mantzaris - No Report
Assistant City Manager Gray provided details of the celebration events. He thanked staff, the steering
committee chaired by Mike Latham, Darren Johnson, Cheryl Fishel and Recreation Manager Dave Teske.
Mr. Gray suggested having a luncheon to thank everyone who helped and will return to Council.
Council Member Thompson commented Lake County will be reviewing the comprehensive plan at the
Cooper Library on Thursday at 6pm and encouraged attendance.
Council Member Mullins noted the citizen sales tax committee presented their annual report to the Lake
County Commission advising that funds are being spent appropriately.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
Mayor Turville remarked on attending the Conserve II meeting as well as the meeting with Montverde in
regards to annexing land not contiguous to their city limits. Mayor Turville also presented a proclamation
to Tom Thomas at the Kiwanis meeting today.
Mayor Turville stated staff has suggested withdrawing the proposed Ordinance 370-C then return to
Council at a later date with another strategy.
City Attorney Mantzaris explained this process was initiated because of a deficiency in the existing city
code with regard to adult entertainment establishments essentially making the city vulnerable. Therefore,
an ordinance was drafted to protect the city. After further review, it is now recommended the current
proposed ordinance is not the best option for the City of Clermont at this time. Staff would like to
withdraw Ordinance 370-C from the agenda and return for introduction on November 10 and final
adoption on November 24. The Council will consider the zoning and restrictions ordinances at the same
time.
Ordinance 370-C was pulled from the agenda and will be placed on the meeting agenda for Introduction
on November 10 and Final Hearing on November 24.
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
Request approval of the Tuscany Village plat,
a commercial subdivision located West of U.S.
27 on the north and south sides of Hammock
Ridge Road.
Item No. 2 -Plat Approval
Item No. 3 -Open Air Sales & Tent Permit
Item No. 4 -Open Air Sales & Tent Permit
Item No. 5 -Contract Approval
Item No. 6 -Contract Approval
Request approval of the plat for Watson Center
at Clermont, a commercial development
located north of Legends Way on Hancock Road
Request to sell Christmas Trees in the Lowes
parking lot beginning November 15, through
December 15, 2009
Request to sell Christmas Trees in the Home
Depot parking lot beginning November 3rd,
through December 23, 2009
Request authorization to piggyback the Orange
County contract with Safety Shoe Distributors
for the purchase of safety shoes for the Utilities
Department
Request authorization to piggyback the City of
Orlando contract with TAW Orlando to cover
motor and pump repair expenditures for the
Utilities Department
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
Item No. 7 -Resolution No. 1634
Approval of a Quit Claim Deed by the City to
the Florida Department of Transportation for
parcel No. 103.1
Item No. 8 -Resolution No. 1635
Item No. 9 -Resolution No. 1636
Item No. 10 -Resolution No. 1637
Item No. 11 -Agreement Approval
Item No. 12 -Inter-local Agreement Approval
Approval of a Quit Claim Deed by the City to
the Florida Department of Transportation for
parcel No. 806.8
Approval of a Quit Claim Deed by the City to
the Florida Department of Transportation for
parcel No. 131.8
Approval of a Quit Claim Deed by the City to
the Florida Department of Transportation for
parcel No. 104.1
Agreement with Progress Energy for the
utilization of poles for banners
Request approval of an Inter local Agreement
Between the City and Lake County relating to
Steve's Road Right of Way Annexation and
Transfer of Jurisdiction
Council Member Mullins inquired about the Department of Transportation (DOT) parcel for downtown
signage. City Manager Saunders stated City Engineer Richardson has been working on it. The last
information staff received is DOT is not willing to deed it however would give an easement.
Council Member Mullins moved to approve the consent agenda• seconded by Council
Member Thompson. The motionpassed with all members present voting "a,
UNFINISHED BUSINESS
Resolution No. 1629 Business Services Enterprises
Mayor Turville read Resolution 1629 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting
a Conditional Use Permit to operate a sweepstakes and Internet gaming operation in
conjunction with a retail pre-paid phone card sales operation.
Jim Hitt, Planning Director, presented the Conditional Use Permit. The retail portion of the business is
covered under permitted uses, the 35 sweepstakes or Internet terminals are not listed as a permitted or
conditional use. In accordance with the Land Development Code, in the case of uncertainty of the
classification of any use, the use is required to attain a Conditional Use Permit (CUP) from the Council.
The 35 terminals would require additional parking spaces. Staff did not believe parking can accommodate
the proposed use which requires at least 7 additional parking spaces as proposed. Therefore, staff
recommended denial of the request. The Planning and Zoning Commission voted to recommend approval
to the City Council for the request.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
Staff recommended 2 conditions be added to the CUP regarding the parking shortage, if approved, under
Section 1 -General Conditions. Planning Director Hitt reviewed the following proposed conditions:
• In the event that it is determined by City that problems related to insufficient
parking occur, the City may bring the CUP back before the City Council for
additional review and conditions.
• The use permitted hereunder shall at all times comply with the applicable laws
and regulations. No approval granted hereunder shall be deemed or construed as
a waiver by the City or any other jurisdiction to enforce any applicable laws.
Applicant, Alan Siegel, was present, requesting Council approval to have the opportunity to open this
business in Clermont.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5"' Street, spoke in opposition to the request.
Bob Wade, 1363 Lakeshore Drive, is the property owner. He supported the request noting the applicant
runs a good operation and will be a good fit within the shopping center. Furthermore, the busiest hours of
operation of this business will be in the afterhours of when the other businesses are closed.
Mr. Siegel commented on the parking issue and noted the heavier times are in the evening when the other
businesses are closed.
Mayor Turville closed the public hearing.
Council Member Mullins and Mayor Turville asked for clarification of the business operations
Bill Pfeiffer was present. He represents approximately 75 Internet cafes throughout the state. He described
the phone cards and provided an explanation of the game promotions. It is a game of chance held in
connection with the sale of a consumer good.
Council Member Thompson questioned why the company is not registered as a business with the State of
Florida. Mr. Hitt explained that Business Services Enterprises, LLC is registered however Pawn
Marketing and Promotions Inc and Gametronics are associated with this company and could not find
where they are registered with the state. Council Member Thompson requested an explanation of the
relationship with the companies. The applicant clarified Gametronics is a software provider utilized by
the company. Neither of those businesses is associated with this application request.
Mayor Turville questioned whether this type of business is legal in the state. Mr. Siegel stated the
Department of Agriculture has jurisdiction over all game promotion sweepstakes in the State of Florida.
Business Services Enterprises LLC has an approved application with the state and is in compliance with
the Department of Agriculture requirements. There are 72 opening statewide.
Council Member Mullins noted staffs concerns with parking have been addressed
Mayor Turville was not supportive of the request.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
Council Member Thompson remarked he researched the business and found it to be a viable company.
Council Member Thompson moved to approve Resolution No 1629 including the two
additional conditions; seconded by Council Member Mullins The motion passed 2 to 1
with Mayor Turville opposing_
Mayor Turville further commented the intent of the second condition is to ensure if the business is found
to be illegal by state standards, they will cease operations.
Ordinance No. 371-C Final Hearing
Mayor Turville read Ordinance 371-C aloud by title only.
An Ordinance of the City of Clermont, Florida pertaining to Solicitors, Peddlers, and
Itinerant Vendors Creating Division 4, "Prohibitions" and Section 18.83, "Unlawful
Activities", related to the activities of individuals, groups and organizations involved in
Solicitation or Peddling; providing for severability, conflict, codification and an effective
date.
City Attorney Mantzaris reported this ordinance is a change to the code recommended to provide more
enforcement to the Police Department to address unwanted solicitors in residential areas.
Mayor Turville opened the public hearing.
Cuqui Whitehead asked for clarification.
Mayor Turville noted citizens have expressed concern with solicitors knocking on doors late at night. This
ordinance strengthens the existing ordinance as it relates to solicitation at residential homes.
Council Member Mullins inquired how this ordinance would apply to private business with a no solicitor
sign on their door. City Attorney Mantzaris stated businesses are set up to invite everyone.
Todd Whitlock, 3773 Glenford Drive, inquired about signage posted at the entrance of a community
instead of individual doors of each home site. City Attorney Mantzaris clarified under this ordinance, the
sign would have to be posted on each individual property.
Wally Herda was supportive of the request.
Susy Gibson questioned if solicitors are required to register with the Police Department. City Attorney
Mantzaris confirmed the city does have a permitting process.
Mayor Turville clarified this ordinance will enhance the homeowners ability to deal with inappropriate
solicitation.
Chris McAllister, 2823 Brook Hollow, suggested adding language addressing the location of a posted no
solicitor sign. Mayor Turville noted the goal is to give law enforcement another tool in cases of nuisance
or harassment in some cases.
Mayor Turville closed the public hearing
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
Council Member Mullins recommended changing the time to 7:OOpm.
Council Member Mullins moved adoption of Ordinance 371-C including the change to
item 3 before 9:OOam and after 7.OOpm• seconded by Council Member Thompson The
motion passed 3 to 0 by roll call vote with all members present voting "aye"
City Manager Saunders clarified the motion excluded Sunday.
Ordinance No. 372-C Final Hearing
Mayor Turville read Ordinance 372-C aloud by title only.
An Ordinance of the City of Clermont, Florida Chapter 50 "Solid Waste", Article I, "In
General" Section 50-2 "Garbage Containers" providing for the Time for Placement at the
Curb and Removal of Garbage Containers; providing for severability, conflict,
codification and an effective date.
City Manager Saunders stated Council Member Goodgame requested this ordinance be drafted to have
garbage containers removed by 10pm on the day of collection.
Council Member Mullins suggested tabling this ordinance until Council Member Goodgame returns.
Council Member Mullins moved to table Ordinance 372-C to November 10• seconded by
Council Member Thompson. The motion passed with all members present voting "aye„
The next 3 items were heard concurrently.
Ordinance No. 622-M Final Hearing
Mayor Turville read Ordinance 622-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 recording; providing for publication.
Ordinance No. 623-M Final Hearing
Mayor Turville read Ordinance 623-M aloud by title only.
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.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
Ordinance No. 624-M Final Hearing
Mayor Turville read Ordinance 624-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.
Barbara Hollerand, Planner, presented the ordinances for the Fifth Third Bank. The county address is
12333 Roper Blvd. The applicant is requesting annexation into the City, a future land use change to
assign a City Commercial land use and a rezoning to C-2 General Commercial. The bank was built on the
1.27-acre property in 2004. Fifth Third Bank is the owner/ applicant and James Campbell with CB
Richard Ellis is the agent. The request for asmall-scale comprehensive plan amendment would change
the Future Land Use from Lake County Urban Expansion to Commercial in the City. The rezoning
request is to change from Urban Estate to C-2 General Commercial. The property currently has Planned
Unit Development zoning in the county, but upon annexation, will default to Urban Estate zoning in the
City. The site is well served by the transportation network with a signalized intersection. The property has
City sewer and Lake Utility Services water. This property qualifies for the small-scale comprehensive
plan amendment process and will not be reviewed by the Florida Department of Community Affairs or
the reviewing agencies. It will be final 31 days after adoption. No text changes to the comprehensive plan
are required. The property is within the City's Joint Planning Area and is contiguous on its east side.
Annexations of infill properties are consistent with the Goals, Objectives and Policies of the
Comprehensive Plan. Upon annexation, it is appropriate to assign a City future land use of commercial
and C-2 zoning. Staff recommended approval of annexation, the Future Land Use Map change to
Commercial and the rezoning to C-2. The Planning and Zoning Commission unanimously recommended
the requests for the future land use change and the rezoning change to the City Council.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins moved to adopt Ordinance 622-M• seconded by Council
Member Thompson. The motion passed 3 to 0 on a roll call vote with all members
present voting "aye".
Council Member Mullins moved to adopt Ordinance 623-M• seconded by Council
Member Thompson. The motion passed 3 to 0 on a roll call vote with all members
present voting "aye".
Council Member Mullins moved to adopt Ordinance 624-M• seconded by Council
Member Thompson. The motion passed 3 to 0 on a roll call vote with all members
present voting "ate
Ordinance No. 627-M Final Hearing
Mayor Turville read Ordinance 627-M aloud by title only.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 2009
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.
Barbara Hollerand, Planner, presented the ordinance. The property is the Inland Groves property park, a
vacant 219-acre property located at 450 Twelfth Street. The property borders Lake Minneola on its east
and Lake Hiawatha to its southwest. The owner/applicant is the City of Clermont. The rezoning request is
from Urban Estate to PR Parks and Recreation. This request complies with a condition in the City's
approved management plan with the Florida Communities Trust. As part of the contract agreement for the
Florida Forever grants in 2007 and 2008, the City agreed to adopt a more specific zoning district for parks
and conservation lands and to rezone the property to this zoning district. In September, the City Council
approved the new PR Parks and Recreation zoning district. The property was annexed May 9, 2006. It
was purchased by the City in two phases in July 2006 and April 2008 for use as a passive recreation park.
The property was assigned a future land use of Recreational and changed to Parks when the City adopted
its rewritten comprehensive plan in June 2009. Access from the property will be from Twelfth Street.
Planned amenities include nature trails, fishing piers, picnic and playground areas and sand volleyball
courts. The PR Parks and Recreation District has been created for City park properties. It is appropriate to
rezone the Inland Groves property park to this zoning district. Staff and the Planning and Zoning
Commission recommended approval of the rezoning.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins moved for adoption of Ordinance 627-M• seconded by Council
Member Thompson. The motion passed 3 to 0 on a roll call vote with all members
present voting "aye".
NEW BUSINESS
Ordinance No. 628-M Introduction
Mayor Turville read Ordinance No. 628-M aloud by title only.
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County,
Florida, granting a Garbage Collection Franchise to TVM, Inc., providing for the term of
the franchise and for other purposes connected with a franchise for the collection of
garbage within the City of Clermont.
Council Member Mullins moved to introduce Ordinance 628-M• seconded by Council
Member Thompson. The motion passed with all members present voting "aye".
A
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With no further comments, this meeting was adjourned at 8:59pm.
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VED:
arold S. Turville, Mayor
ADJOURN: