06-08-2010 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
The Clermont City Council met in a regular meeting on Tuesday, June 8, 2010 in the Council Chambers
at City Hall. Mayor 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, Deputy City Clerk Noak and Assistant City
Manager Gray.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENT
Wally Herda, 1109 Hampton Street, asked Council to consider writing a thank you letter to Lambs
Nursery for the plantings at the front entry on Eighth Street.
Jim Purvis, 4206 Hammersmith Drive, commended Public Services Director Preston Davis and his
department for their extra efforts when picking up the trash.
Tiin Murry, 574 East DeSoto Street, thanked the City for repairing the potholes in the East DeSoto Street
and Bloxam Avenue area; however there is still water collecting in the area. He thanked the City for
working on the sidewalk on School Street. Mr. Murry requested the City look into the rain washout near
the corner of East DeSoto Street and Anderson Street near the cemetery. He invited all to attend the
"Kick It Off' event on Saturday, June 12 from 10am to 5pm.
PROCLAMATION
Mayor Turville read the proclamation aloud declaring the week of June 6 through June 12 as National
Garden Week.
Arlene Hanks thanked Council for the Proclamation and invited all to attend a dedication ceremony
honoring Polly Duncan at 2pm Saturday, June 12 at the Garden Center.
REPORTS
Assistant City Manager Gray — No Report
City Manager Saunders — No Report
City Attorney Mantzaris — No Report
Council Member Hogan thanked the Garden Center for their assistance with saving the garden on Third
Street.
Council Member Goodgame congratulated the Garden Center. He thanked Public Services Director
Preston Davis and his department for the road repair work completed in Kings Ridge.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
Council Member Goodgame stated the City and the service clubs have been considering placing a
memorial at the corner of 8 Street and Osceola, to honor all the Veterans who have died in service.
Council Member Goodgame moved to have staff draw up a preliminary design for the
memorial: seconded by Council Member Thompson. The motion passed with all
members present voting "aye ".
Council Member Mullins — No Report
Council Member Thompson — No Report
Mayor Turville thanked the City for their part in the Memorial Day ceremony.
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— Bid Award & Budget Amendment Request to award bid to Hubbard Construction
Public Services Department for the street resurfacing project in the amount
of $282,830.00 and approval of a budget
amendment in the amount of $34,664.64
Item No. 2 — Purchase Approval Request authorization to piggyback Lake
Public Services County's contract with Bee -Saf -Tee Fire
Equipment Company to provide service and
maintenance for the City's fire extinguishers
Item No. 3 — Purchase Approval Request authorization to purchase stormwater
Public Services Department equipment in the amount of $40,977.96
Item No. 4 — Grant Opportunity Request authorization to proceed with the
Fire Department submission process to obtain funds from the
SAFER Grant
Item No. 5 — Grant Opportunity Request authorization to accept $16,815.00 from
Police Department the United States Department of Justice, Edward
Byrne Memorial Justice Assistance Grant, State
Solicitation Program
Item No. 6 — Grant Opportunity Request authorization to accept $12,169.00 from
Police Department the United States Department of Justice, Edward
Byrne Memorial Justice Assistance Grant, Local
Solicitation Program
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
City Manager Saunders pulled Item No. 3.
Council Member Goodgame moved to approve Items 1 through 6, except Item 3;
seconded by Council Member Mullins. The motion passed with all members present
voting "aye ".
City Manager Saunders stated the Caterpillar Skid Loader was no longer available and requested approval
to allow up to $25,000.00 for purchasing a similar item.
Council Member Hogan moved for approval; seconded by Council Member Goodgame.
The motion passed with all members present voting "aye ".
UNFINISHED BUSINESS
Mayor Turville stated the next two items would be heard together and voted on separately.
Item No. 7 — Ordinance No. 2010-05-M Final Hearing
Mayor Turville read Ordinance 2010 -05 -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; severability; recording; and publication.
Item No. 8 — Ordinance 2010 -06 -M Final Hearing
Mayor Turville read Ordinance 2010 -06 -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.
Planner Barbara Hollerand presented the annexation and Small Scale Comprehensive Plan Amendment
for the Deper property. The property is located east of the intersection of Citrus Tower Boulevard and
Excalibur Road, on the north side of Excalibur Road, adjacent to East Ridge Middle School. The
owner /applicant is Deper LLC.
The Small Scale Comprehensive Plan Amendment request is to change the Future Land Use from Lake
County Urban to Commercial in the City. The property is contiguous to the City on its southern side. To
the property's north is the Deper II property. The Deper II property had an annexation and Small Scale
Comprehensive Plan Amendment pending, which were withdrawn on May 25, 2010.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
Staff did not recommend approval of the request for Commercial future land use. The proposed future
land use does not provide a transition from residential uses bordering the subject property on the west and
south. Additionally, two large schools have access off Excalibur Road.
The City received a letter in opposition to the request by Jeri Schuur of 13221 Paloma Road, Clermont,
Florida.
Staff recommended approval of the annexation request.
Chris Roper, Attorney for the applicant, responded to the letter of opposition and stated he did not think
the land use change would decrease property values or hinder road access. Mr. Roper stated the Lake
County Future Land Use Map zones the property as Urban, which allows for industrial use. The
upcoming Lake County Land Use Map will zone the property Regional Office and currently there are no
Lake County Land Development Regulations for the Regional Office zoning designation. The applicant
would like to annex as it is known what the City will allow. Mr. Roper provided several examples of
possible appropriate types of commercial businesses which could be compatible near schools.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, spoke in opposition of the request.
Tina Geer, 3356 Tumbling River Drive, spoke in favor of the request.
Mayor Turville closed the public hearing.
Council Member Goodgame inquired as to the types of uses the property would have should the land
remain in the County.
Mr. Roper stated if the land remains in the County they would be able to build anything.
Council Member Goodgame inquired as to the types of uses the property would be unable to do should
the land be annexed into the City.
Mr. Roper stated the property would no longer have industrial use.
Council Member Mullins commented he was for annexing the property into the City, but not for
commercial use.
Council Member Thompson stated he was not opposed to either request.
Council Member Goodgame commented he would like the City to have control over the land use of the
property.
Mayor Turville stated the City has commercial land uses which would not be acceptable for the location.
Council Member Hogan commented he was not opposed to either request.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
Council Member Goodgame moved to approve Ordinance 2010 -05 -M; seconded by
Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor
Turville opposing.
Council Member Goodgame moved to approve Ordinance 2010 -06 -M; seconded by
Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor
Turville opposing.
Item No. 9 — Resolution No. 2010 -09 Wootson Temple Church
Mayor Turville stated the next two items would be heard together and voted on separately.
Mayor Turville read Resolution 2010 -09 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 for a church facility in the R -2 Medium Density
Zoning District.
Planner Curt Henschel presented the proposed Conditional Use Permit request and the variance request.
The applicant proposed to construct a new 6,660 square -foot sanctuary on the southwest corner of East
Juniata Street and Scott Street, south of the existing church. The existing church will be redeveloped as
the office operations for the new church facility and allow for additional parking on the property. Staff
recommended approval of the Conditional Use Permit.
The applicant requested a variance for an overall parking count reduction of 22 parking spaces for a house
of worship. Total parking is calculated using the seating capacity and the office space. Staff
recommended denial of the variance request.
Arthur Nix, Montverde Engineering, described the uses for the facility. Mr. Nix commented the various
facilities would not be used during worship service and condition number nine could be invoked should
parking become an issue.
Marvin Wootson, 13113 Baneberry Court, Wootson Temple Church Pastor, stated the church was in need
of additional space.
Mayor Turville opened the public hearing.
Tim Murry, 574 East DeSoto Street, spoke in favor of the requests.
Willie Montgomery, 419 East DeSoto Street, spoke in favor of the requests.
James Montgomery, Jr., 640 Bloxam Avenue, spoke in favor of the requests.
Mayor Turville closed the public hearing.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
Mayor Turville commented he was not opposed to the request.
Council Member Thompson stated he was not opposed to the request.
Council Member Hogan commented he was not opposed to the request.
Council Member Thompson moved for approval of Resolution 2010 -09; seconded by
Council Member Mullins. The motion passed with all members present voting "aye ".
NEW BUSINESS
Item No. 10 — Variance Request Wootson Temple Church
Council Member Thompson moved for approval of the variance request; seconded by
Council Member Mullins. The motion passed with all members present voting "aye ".
Item No. 11— Variance Request Fill and Grill
Jim Hitt, Planning Director, presented the variance request for a reduction of the driveway distance to a
corner street right -of -way from the required 85 feet to approximately 42 feet. The existing driveway is at
the corner and runs east along State Road 50 to the eastern property line. The proposed driveway is
located on Seventh Street, and the minimum required distance would be from a required 85 feet to 42 feet,
for a 43 foot variance.
The site is being redeveloped for a new retail store for barbeque grill sales and the repair and filling of
propane tanks. The curb cut on State Road 50 is being reduced in accordance with Code and the required
landscape buffers will be installed.
Rick McCoy, McCoy & Associates, was present and available to answer any questions.
Mayor Turville opened the public hearing. There were no public comments.
Mayor Turville closed the public hearing.
Council Member Goodgame moved to approve the variance request; seconded by
Council Member Mullins. The motion passed with all members present voting "aye ".
Item No. 12 — Ordinance No. 2010-10-M Introduction
Mayor Turville read Ordinance 2010 -10 -M aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under
the code of ordinances of the City of Clermont, providing for the annexation of a certain
parcel of land contiguous to the present City boundaries; providing for an effective date;
severability; recording; and publication.
Council Member Mullins moved to introduce Ordinance 2010 -10 -M; seconded by
Council Member Thompson. The motion passed with all members present voting "aye ".
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 8, 2010
Item No. 12 — Ordinance No. 2010-11-M Introduction
Mayor Turville read Ordinance 2010 -11 -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;
effective date; and publication.
Council Member Mullins moved to introduce Ordinance 2010 -11 -M; seconded by
Council Member Goodgame. The motion passed with all members present voting "aye ",
ADJOURN: With no further comments, this meeting was adjourned at 8:20pm
APPROVED:
aro d S. Turville, Mayor
ATTEST:
Tracy Ackroyd, City k
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