11-24-2009 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
The Clermont City Council met in a regular meeting on Tuesday, November 24, 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 October 27, 2009.
Council Member Goodgame moved for the approval of the October 27 2009 minutes as
written; seconded by Council Member Mullins. The motion passed with all members
present voting "ate
PUBLIC COMMENTS
Jim Purvis, 4206 Hammersmith Drive, commended staff on the Downtown Clermont Christmas
decorations. Mr. Purvis questioned the status of Bee's Auto. Mayor Turville noted he and City Manager
Saunders will be meeting to discuss resolving the property issue.
REPORTS
City Manager Saunders scheduled a joint workshop with the Community Redevelopment Agency (CRA)
for Tuesday, December 15 at 6:OOpm regarding downtown incentives. Mayor Turville requested
including the Montverde initiative on the agenda.
City Manager Saunders noted the second Council meeting in December is typically cancelled each year
and requested approval.
Council Member Goodgame moved that the second Council meeting scheduled for
December 22, 2009 be cancelled; seconded by Council Member Hogan The motion
passed with all members present voting "aye". __
City Manager Saunders noted staff received three (3) quotes for the September 11"' monument. Southern
Monuments submitted the lowest quote of $5,642.
Council Member Hogan moved to accept the bid of $5 642 to move forward and finish
the project with funding taken from the Fire Department temporarily and if a problem
take it from reserves; seconded by Council Member Mullins The motion passed with all
members present votin~"aYe".
City Attorney Mantzaris - No Report
Assistant City Manager Gray reported on the Light up Clermont events.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Council Member Hogan complimented the decorations displayed throughout the city.
Council Member Goodgame reported the Lions Club will hold their annual spaghetti lunch/dinner on
Saturday, December 5 at Jenkins Auditorium from 11:OOam to 6:OOpm. Tickets are $6 each. The
Clermont Kiwanis Club will be handling all of the decorations around Center Lake.
Council Member Goodgame requested Council approval for the City to pay the invoice for the Historic
Village. flag in the amount of $330.
Council Member Hogan moved to accept in the name of the city seconded by Council
Member Mullins. The motion passed with all members present voting "a,
Council IVlember Mullins remarked the South Lake Kiwanis will have pictures with Santa on Friday,
December 4 and the following Saturday, December 12 will be Breakfast with Santa at Jenkins.
Furthermore, Mr. Mullins commented on the local merchants benefitting from sporting events.
Council Member Thompson wished everyone a Happy Thanksgiving and safe travels.
Mayor Turville reported on the meeting he attended with city staff regarding the Montverde initiative.
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
Christian Men in Action
Request use of McKinney Park
for their Annual Christmas Eve Block
Party on Thursday, December 24, 2009
Item No. 2 -Event Request
Christian Men in Action
Item No. 3 -Surplus Equipment
Fire Department
Request use of McKinney Park
for the 6"' Annual Health Fair and
Community Awareness Day on
Saturday, Apri124, 2010.
Request to surplus equipment
Item No. 4 -Resolution No. 1641 Amend the 2008-2009 Fiscal Year
Administrative Services Budget
City Manager Saunders pulled item 1 and Jim Purvis pulled item 3 for discussion.
Council Member Goodgame moved that items 2 and 4 of the consent agenda be approved
as written; seconded by Council Member Mullins. The motion passed with all members
present voting"aYe".
City Manager Saunders clarified item number 1 is the wrong location; the event will take place at Scott
and Juniata Street.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Jim Purvis questioned whether the Fire Department surplus items could be used by local charities.
Steve Smith, 1323 Briarhaven, requested items from the surplus list as they could be used for women and
children of charitable groups.
City Attorney Mantzaris advised the items would have to either be donated to another governmental
agency or go to public auction.
City Manager Saunders suggested Council surplus all items and noted staff would be able to accomplish
the request.
Council Member Goodgame moved the acceptance of item 3 of the consent agenda to
declare surplus and acceptance of item 1 the event request for Christian Men to move to
Scott and Juniata Street• seconded by Council Member Mullins The motion passed with
all members present voting_"aye".
UNFINISHED BUSINESS
These two ordinances were discussed together and voted on separately.
Ordinance No. 370-C Final Hearing
Mayor Turville read Ordinance 370-C aloud by title only.
An Ordinance of the City Council of the City of Clermont, Florida, amending subpart B,
Land Development Code Chapter 82, "General Provisions"; Section 82-12 "Land Use
Definitions" and amending Chapter 122 "Zoning", Article III, "Districts", Division 11
"M-1 Industrial District", Section 122-264, "Conditional Uses" Creating definitions
related to Adult Entertainment Establishments and providing that Adult Entertainment
Establishments as defined shall be allowed with a Conditional Use Permit in the M-1
Industrial District providing for severability; providing for conflicts; providing for
codification; and providing for an effective date.
Ordinance No. 374-C Final Hearing
An Ordinance of the City Council of the City of Clermont, Lake County, Florida, to be
known as the Clermont Adult Entertainment Code; Creating Chapter 95, Adult
Entertainment Code; Providing Legislative Findings; Creating General Requirements for
Adult Entertainment Establishments; Creating Operating Requirements for Adult
Entertainment Establishments; Establishing Location and Distance Requirements for
Adult Entertainment Establishments; Providing for Record-Keeping Requirements for
Adult Entertainment Establishments; Providing for Criminal Penalties and Prohibited
Acts; Providing for Enforcement; Providing Codification; and Providing an Effective
Date.
City Attorney Mantzaris stated these ordinances are presented for final adoption related to placing legally
defensible restrictions associated and consistent with the applicable law on adult entertainment
establishments. Ordinance 370-C is establishing the zoning district the adult entertainment establishments
would be allowed as a Conditional Use Permit (CUP).
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Ordinance 374-C provides for a series of restrictions. The law does not allow a municipality to prohibit
adult entertainment establishments; the city can only place reasonable time, place and manner restrictions.
The ordinances have been prepared based on the ordinance adopted by Lake County in 2000. A certified
copy of Lake County's ordinance is attached to Ordinance 374-C as part of the packet. Lake County, in
the establishment of their ordinance, made certain Findings of Fact with regard to secondary impacts of
these types of establishments on the community. Their impacts are restated in Ordinance 374-C under
section 95.4 titled Findings of Fact.
Barbara Hollerand, Planner, provided an overview of both ordinances. Ordinance 370-C is amends the
Land Development Code to allow adult entertainment establishments to be located as a Conditional Use
in the M-1 Industrial zoning district. Ordinance 374-C contains the regulations governing these types of
uses. In accordance with federal and state requirements, adult entertainment uses must be designated as a
use in at least one zoning district in county and municipal governments. Ordinance 370-C creates
definitions related to adult entertainment establishments within Chapter 82, Section 82-12, under land use
definitions. The amendment also allows adult entertainment under Chapter 122, M-1 Industrial District,
Section 122-264, under conditional uses. Ordinance 374-C contains extensive regulations governing these
types of uses and creates a new chapter in the city code Chapter 95 Adult Entertainment. The Planning
and Zoning Board recommended approval to include the distance requirements listed in Section 95.51(b)
be increased from 1,500 feet to 2,500 feet. City Attorney Mantzaris and staff believe the ordinances will
enable the City to control and regulate these uses in accordance with the law while protecting the citizens.
Staff recommended approval.
Mayor Turville opened the public hearing.
Eric Palmer 1774 Vale Drive, suggested the City consider increasing Police impact fees as a condition to
cover additional officers to help with increased crime in the proposed zoning district.
The following spoke in opposition to the proposed zoning district:
Barbara Cybulski, 415 Citrus Tower Blvd; Pat Kelley, Minneola City Council Member; Chris Walker,
202 Hatteras Avenue; Sandra Jones, 1401 W. Hwy 50 No. 228, Emerald Lakes; Mr. Richard Roderick,
335 Pebble Court, Minneola; and Mr. David Yeager, 218 Magellan, Minneola.
Mayor Turville closed the public hearing.
City Attorney Mantzaris addressed the questions made by the public. He clarified a different process is
involved related to impact fees. As it relates to defensibility, staff has researched the ordinance and it is
patterned after Lake County and Minneola which were similar to other governmental agencies around the
state. Most jurisdictions are using a similar ordinance as they have been amended based on court
decisions. Ordinance 374-C has a number of restrictions but the idea is to have restrictions in place for the
city to address these establishments. In the event a restriction is challenged to be unconstitutional, that
portion of the ordinance may be stricken but the balance of the restrictions would remain in place. Also,
as it relates to Clermont Commons not being an appropriate location, staff believed it would be
inappropriate to eliminate one area that is otherwise zoned industrial and could be challenged.
Planner Hollerand illustrated all M-1 areas in the city. The ordinance would allow, as a CUP, in any of the
M-1 industrial areas. Mayor Turville reviewed all four areas of the M-1 Districts.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Carlos Solis questioned whether the distance requirement is 1,500 feet from the property line or building
to building. City Manager Saunders confirmed it is from property line to property line.
Mayor Turville expressed opposition to the proposed ordinance as it relates to the negative effects to
home values.
Council Member Thompson voiced support for the proposed ordinances. He recommended approval as it
is proactive and the restrictions will protect the community.
Council Members Goodgame and Mullins agreed with Council Member Thompson and would like to
move forward with approving the ordinance.
Council Member Hogan spoke in favor of the ordinances.
Council Member Goodgame moved for adoRtion of Ordinance 370-C; seconded by
Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor
Turville opposing
Council Member Goodgame moved that Ordinance 374-C be adopted; seconded by
Council Member Mullins.
Under discussion, Moor Turville asked if the motion should include the intent to
conserve property values. City Attorney Mantzaris suggested the motion incorporate the
Findings of Fact specially made by Lake County in the adoption of their ordinance as part
of the record.
Council Member Goodgame agreed to amend the motion; seconded by Council Member
Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposing_
Council Member Mullins requested including adult entertainment the next time Council discusses Police
and Fire impact fees.
Mayor Turville called for a recess at 8:06pm; the meeting reconvened at 8:18pm.
These next two ordinances were heard collectively and voted on separately.
Ordinance No. 629-M Final Hearing
Mayor Turville read Ordinance 629-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; providing for
recording; and providing for publication.
Ordinance No. 630 M Final Hearing
Mayor Turville read Ordinance 630-M aloud by title only.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
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.
Barbara H:ollerand, Planner, presented Ordinance 629-M and Ordinance 630-M. These two items are
requests for annexation and asmall-scale comprehensive plan amendment for the Jayne property. The
property is north of S.R. 50, east of U.S. 27, west of Omar Street, south of South Lake Forest subdivision.
The vacant 9.9 acre property is owned by the Victoria Jayne James Trust and the William Henry Jayne
Trust. LPG Urban and Regional Planners is the applicant. The land use request is for asmall-scale
comprehensive plan amendment to change the Future Land Use from Lake County Urban to Commercial
in the City. The property currently has Agriculture zoning in Lake County, but would default to Urban
Estate zoning in the City upon annexation. The site is well served by the transportation network with a
signalized intersection at Sandhill View Boulevard. City water and sewer are available to serve the site.
The subject property is contiguous to the City on its northern, southern and eastern sides. It is directly
south of South Lake Forest subdivision, a part of the Jack's Lake Planned Unit Development. To the
south are the commercial uses of Sandhill Commons commercial center. To the property's east is an
office in the City limits as well as unincorporated vacant property and to the west is property also owned
by the subject property's owners. It is the intention of the owners to annex their adjacent property at a
future date and to develop the property as one unified project. Development plans are not finalized at this
time. The applicant is working with the owners to develop a site plan to submit with an application for a
CUP and an application for C-2 zoning.
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. Upon annexation of this
property, it is appropriate to assign a City future land use of commercial. City staff and the Planning and
Zoning Board recommended approval.
Greg Believeau, LPG Urban and Regional Planners, was available for questions.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame moved for the adoption of Ordinance 629-M; seconded by
Council Member Hogan.
Under discussion, Council Member Mullins inquired when Council would address connectivity to
Brentwood Drive on the north. City Manager Saunders explained it would be addressed when they bring
in a plan for the project.
The motion passed 5 to 0 on a roll call vote.
Council Member Goodgame moved for the adoption of Ordinance 630-M; seconded by
Council Member Thompson. The motion passed 5 to 0 on a roll call vote.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Ordinance No. 626-M Final Hearing
Mayor Turville read Ordinance 626-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 the
Goals, Objectives and Policies of the Capital Improvements Element of the
Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan
Amendments; setting for 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.
Planner Hollerand reported this is an administrative request to update the 5 year Capital Improvement
Plan schedule.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame moved for adoption of Ordinance 626-M; seconded by
Council Member Mullins. The motion passed 5 to 0 on a roll call vote.
Resolution No. 2010-O1 Lost Lake Reserve
Council Member Goodgame moved to table Resolution 2010-01 Lost Lake Reserve DRI
to January 12, 2010; seconded by Council Member Mullins The motion passed with all
members present voting "aye".
Ordinance No. 625-M Introduction
Council Member Goodgame moved that Ordinance 625-M Introduction of Lar eg, Scale
Comprehensive Plan amendment be tabled to December 8, 2009; seconded b~Council
Member Mullins. The motion passed with all members present voting "aye".
Ordinance No. 373-C Final Hearing
Mayor Turville read Ordinance 373-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 98 Parking and Vehicular Use Areas, Section
98-14 Table of Minimum Parking Space Requirements; Chapter 122 Zoning, Article III
Districts, Division 1 Generally, Section 122-63 Districts Enumerated; Division 8 O-1
Office District, Section 122-190 Intent, Section 122-191 Site Plan Review, Section 122-
192 Permitted Uses, Section 122-193 Conditional Uses, Section 122-194 Lot and Height
Requirements, Section 122-195 Yards; Division 9 C-1 Light Commercial District;
Division 10 C-2 General Commercial District; Division 11 CBD Central Business
District, Section 122-247 Off-Street Parking; Division 12 M-1 Industrial District;
Division 13 PR Parks & Recreation District; Providing for Severability; Providing for an
effective date and providing for publication.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Barbara Hollerand, Planner, presented Ordinance 373-C to address Minimum Parking Space
Requirements for new land uses not currently described in the code and creates a new office zoning, to be
known as the O-1 Office District. The City has seen an increase in the number of proposed new uses not
addressed in the current parking code. Each zoning district lists multiple permitted and conditional uses,
but the parking code does not address all of those uses. The code also does not give staff the flexibility to
assign proper parking space counts for all those uses, or for the new uses not covered by the current
minimum parking space requirements. This amendment allows flexibility with new uses not currently in
the code. Staff will take into account the proposed use, other existing parking requirements from other
jurisdictions, special conditions for a site, or a combination of sources. An Office future land use
designation was added to the City's comprehensive plan in June, and this amendment creates the zoning
counterpart to that new land use. Staff and the Planning and Zoning Board recommended approval.
Mayor Turville opened the public hearing. There were no comments. Mayor closed the public hearing.
Council Member Goodgame inquired if this ordinance will increase the number of handicapped spaces.
Planner Henschel clarified this does not address handicapped spaces. City Manager Saunders stated a
separate ordinance would need to be approved to address the handicapped spaces.
Council Member Mullins commented real estate offices need additional spaces.
City Manager Saunders noted both of those could be addressed as a CUP or create a separate ordinance.
Council Member Goodgame requested placing this item on the workshop agenda.
Council Member Mullins moved the adoption of Ordinance 373-C; seconded by Council
Member Thompson. The motion passed 5 to 0 on a roll call vote.
NEW BUSINESS
Resolution No. 1639 Happy Hearts Academy
Mayor Turville read Resolution 1639 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting
a Conditional Use Permit to allow a daycare facility in the R-3-A
Residential/Professional Zoning District.
Planner Henschel presented the request for a daycare facility in the R-3-A residential/professional zoning
district. The hours of operation are expected to be from 6:30am to 6:OOpm, Monday through Friday. Staff
believed this area is right for this type of development and recommended approval.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins moved to approve Resolution 1639: seconded by Council
Member Goodgame. The motion passed with all members present voting"aye".
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 2009
Resolution No. I640Lake-Sumter Metropolitan Planning Organization
Mayor Turville read Resolution 1640 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
supporting the reapportionment plan for the Lake-Sumter Metropolitan Planning
Organization.
City Manager Saunders explained this will include Sumter County.
Council Member Goodgame moved for adoption of Resolution 1640: seconded by
Council Member Mullins. The motion passed with all members present voting "aye".
Early Warning /Notification System
City Manager Saunders stated the City Council requested proposals for early warning notification
systems. Staff placed ads and received 9 submittals. The Review Committee consisted of the Police Chief
Graham, Fire Chief Bishop, City Manager Saunders, Assistant City Manager Gray, and Jim Purvis. The
committee agreed that out of the proposals, Code Red submitted the best system of those received. Lake
County has now received a grant to enhance the current reverse 911 system. Jerry Smith, Director of Lake
County EEOC, met with the committee. The new system will be county wide and will cover all the cities.
The committee agreed to not spend city funds on a notification system as long as Lake County performs
as indicated with their new system. Staff recommended Council reject the proposals.
Jim Purvis commented it was a consensus of the committee to return to the proposals if the County does
not move forward as planned. Mayor Turville questioned whether the new system would include cell
phones. City Manager Saunders advised it will be multi-mobile to include texting.
Council Member Hogan so moved to approve; seconded by Council Member Goodgame.
The motion passed with all members present voting_"aye".
ADJOURN: With no further comments, this meeting was adjourned at 8:47pm.
APPROVED:
aro d S. Turville, Mayor
ATTEST: ~'
r~ r r
Tracy Ack yd, City Clergy
9
~~~ ~ ~~~
`~ ~ ~1~ ftre C#~ie#
To: Wayne Saunders, City Man~age~
From: Carle Bishop, Fire Chief ~~„r'~/
Date: October 22, 2009
Re: Fire Department Surplus
I would like to request the items below to be placed on November 22, 2009 council agenda for
surplus. The lists of FD items are separated by pallets or~dentified for consideration.
Page 1 of 2
PALLET #1
• Box of old office telephones
• Two: Old computer keyboards
• Two: old fax machine (non-working)
• Old 35mm Camera
• Four: small wooden boxes (business card size)
• One: obsolete high pressure nozzle (Chrome)
• Vehicle VHS dash-mounted video recorder
• Old quartz light with damaged aluminum pole
PALLET #2
• Two used wooden bunk beds frames w/used mattresses
PALLET #3
• Multiple sections of failed, fire hose (non-usable)
o Sizes of 4", 3", 2'h", 1 3/", and 1"rubber booster.
PALLET #4
• Old non-working fax machine
• Old scanner
• Old obsolete radio
• Box ofold obsolete pagers
• One: 14 X 14 Pressboard box on wheels (unknown
~~= ~~ _ lr
Page 2 of 2
STAND ALONE ITEMS
• Seven independent wooden uniform lockers (not on pallets)
• Three old and used armoire's (not on pallets)
PALLET-5
• Two: damaged and obsolete firefighting nozzles (adjustable fog)
• One: old and non-running Stihl saw model# TSSIOAV#2
• Two obsolete selectable gallon fog nozzles
• Two old & rusted C-clamp air cylinder brackets
• Cardboard box of 4-inch Stortzvon-compliant hose couplings
• One: old and obsolete large high-expansion foam nozzle
• One pick-headed railroad tie hammer
PALLET-6
• Obsolete medical Stokes basket
• Various sizes of old & worn fire boots
• Two: old plastic tool boxes (empty, no tools).
• Cardboard box of various sizes of used uniform pants
• Cardboard box of various sizes of used uniform shirts (no patches)
• Cardboard box of old non-compliant DOT safety vests (lime & orange)
• One: Damaged aluminum wheel chock
• Two: old non-compliant air packs from the water treatment plant (air cylinder not
included)
11/17/2009 Page 2