06-28-2011 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 28, 2011
The Clermont City Council met in a regular meeting on Tuesday, June 28, 2011 m 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 VanWagner. Other City officials present
were: City Manager Saunders, City Attorney Mantzaris and City Clerk Ackroyd
INVOCATION
Council Member Mullins gave the invocation followed by the Pledge of Allegiance.
PRESENTATION
On behalf of the Clermont Downtown Partnership, Ed Apodaca presented the winning artwork of the
Sidewalk Chalk Art contest to the Fire Department. Ms. Gina Deno painted the artwork and she is
donating it to the Fire Department to be displayed along with their memorabilia from September 11. Ms.
Deno thanked the city for the opportunity to donate. Captain Daryl Hyatt accepted the painting on behalf
of the Fire Department.
MINUTES
Council meeting minutes of June 14, 2011
Council Member Goodgame moved to approve the minutes of June 14, 2011 as written;
seconded by Council Member Mullins. The motion passed with all members present
voting "aye ".
PUBLIC COMMENTS
Wally Herda thanked Council for opening the beach and suggested notifying the residents of the free
parking pass that is available to city residents.
Walter Martin, 2440 Prairie Dunes, proposed the city consider a program similar to one used in Atlanta
called Hire One. It is a program to solicit jobs in the area for people out of work.
Cuqui Whitehead, 837 5 Street, thanked the citizens for their support.
Bob Bowman inquired about the city requiring water backflow valves and requested a less expensive
alternative. Mayor Turville asked staff to look into possible alternatives. City Manager Saunders stated
there are State laws involved in what is required. He will discuss with the Utilities Director. The law
requires an inspection annually on backflow preventers and if there is a problem, it has to be corrected.
The inspectors have to be state certified and are registered with the city as a certified backflow inspector.
The typical cost is $25 for the inspection.
Jim Purvis thanked Council Member Goodgame for representing Summit Greens and Kings Ridge at a
meeting held at Sanctuary Ridge.
REPORTS
City Manager Saunders reported each year the Florida Department of Law Enforcement (FDLE) provides
a grant to the counties called the Edward Burn Memonal Justice Assistance Grant.
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REGULAR COUNCIL MEETING
June 28, 2011
The total amount is provided to Lake County and then the law enforcement agencies in Lake County
decide how it will be divided between the cities. This year we are scheduled to receive $13,568 as a
portion of the grant. These funds are restrictive. The Police Department has asked to use the funds for a
physical fitness /wellness program and equipment. For that amount, they can purchase three (3) pieces of
equipment and one (1) year of testing by certified conditioning instructors as well as provide
individualized health, fitness and weight loss programs. Staff requested approval.
Council Member Goodgame moved that the Council give Mr. Saunders and the Fire
Department permission to use the FDLE grant for a physical fitness program and
equipment, seconded by Council Member Mullins. Council Member Goodgame clarified
his motion to note it is for the Police Department. The motion passed with all members
present voting "aye ".
The budget workshops have been scheduled to be held on July 20 and 21 at 6:OOpm.
City Manager Saunders congratulated Council Member Mullins and Council Member Goodgame for
qualifying unopposed.
City Attorney Mantzaris reminded Council the Financial Disclosure forms are due July 1.
Council Member Hogan — No Report
Council Member Goodgame suggested the Council discuss a future July 4 event at the next workshop.
He reported on the highway expansion project and expressed concern with roadway changes to Summit
Greens, Magnolia Pointe and Kings Ridge.
Council Member Mullins recommended the city install plastic bag dispensers for dog owners to pick up
after their pets.
Council Member Van Wagner reported he abstained from voting due to a conflict of interest on item
number 4 at the last meeting and filed the appropnate forms and did not publicly announce it.
Mayor Turville requested placing benches in downtown and striping on Montrose Street.
City Manager Saunders noted there will be a city wide striping in the coming week and Montrose Street is
on the list. Also, the workshop to review the architects proposed options for the Police Station Expansion
has been rescheduled to July12 at 6pm.
UNFINISHED BUSINESS
Item No. 1— Ordinance No. 2011- 09M Final Hearing
Mayor Turville read the ordinance aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, under
the Code of Ordinances of the City of Clermont, granting a garbage collection franchise
to Home Builders Services of Florida, 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.
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REGULAR COUNCIL MEETING
June 28, 2011
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
heanng.
Council Member Mullins moved for the adoption of Ordinance 2011 -09M; seconded by
Council Member Goodgame. The motion passed 5 to 0 on a roll call vote.
There are two items on the agenda that have been requested to be tabled.
Item No. 3 — Ordinance No. 2011- 05M Final Hearing
This item has been requested to be tabled to September 27, 2011.
Council Member Goodgame moved that Ordinance 2011 -05M be tabled to September 27,
2011; seconded by Council Member Mullins. The motion passed with all members
present voting "aye ".
Item No. 4 — Comprehensive Plan Amendment Transmittal
This item has been requested to be tabled to September 27, 2011.
Council Member Goodgame moved for the Comprehensive Plan Amendment Transmittal
be tabled to September 27, 2011 for the Consery II property; seconded by Council
Member Mullins. The motion passed with all members present voting "aye ".
Item No. 2 — Ordinance No. 2011 -03C Final Hearing
Mayor Turville read Ordinance2011 -03C aloud by title only.
An Ordinance of the Code of Ordinances of the City Council of the City of Clermont,
Lake County, Florida, amending the Code of Ordinances, Chapter 2 Administration,
Article VI Financial Matters, Division 2 Impact Fees, Section 2 -262 Required; Chapter 6
Alcoholic Beverages, Section 6 -1 Licensing Vendors Near School or Church; Standard of
Measurement; Chapter 18 Business, Article II Solicitors, Peddlers and Itinerant Vendors,
Division 4 Peddlers and Itinerant Vendors, Section 18 -83 Prohibitions; Chapter 34
Environment, Article II Noise, Section 34 -21 Loud, Disturbing and Unnecessary;
Enumerations, Section 34 -32 Business Noises in Residential Sections of the City; Article
IV Junked, Wreaked, Abandoned Property, Section 34 -91 Definitions, Section 34 -95
Prohibition of Storage Within Residential Areas, Section 34 -96 Removal Within 72
Hours of Notice; Service; Certificate of Notice; Chapter 90 Concurrency Management,
Article I in General, Section 90 -6 Adopted Level of Service Standards; Chapter 118
Vegetation, Article III Trees, Division 1 Generally, Section 118 -71 Mimmum Tree
Requirements, Division 3 Tree Removal Permit, Section 118 -112 Application; Chapter
122 Zoning, Article V Supplementary District Regulations, Section 122 -341 Accessory
Uses and Structures; Providing for Codification; Severability; Effective Date; and
Publication.
Planning and Zoning Director Hitt presented a summary of the ordinance amendments.
Mayor Turville opened the public heanng
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Mr. Tirrell, 2215 Elverson Avenue, questioned language in the proposed ordinance related to permitting
and tree removal.
Jim Purvis, 4206 Hammersmith, voiced concern with allowing construction on Sunday.
Wally Herda agreed with no Sunday construction except for an emergency.
Cuqui Whitehead, 837 5 Street, asked for clarification on liquor. Planning and Zoning Director Hitt
responded to the question of licensing alcohol vendors.
Tim Murry, 574 E. Desoto Street, did not oppose work on Sundays.
Mayor Turville closed the public hearing.
The Council reviewed and discussed the proposed amendments of Ordinance 2011 -03C. They expressed
concerns with a number of provisions and suggested tabling the ordinance.
Council Member Goodgame moved that Ordinance 2011 -03C be tabled to the next
meeting; seconded by Council Member Mullins. The motion passed with all members
present voting "aye ".
NEW BUSINESS
Item No. S — Variance Request John Carroll
Principal Planner Henschel presented the variance request. The applicant is requesting a vanance to allow
a non - conforming pylon sign to remain on site when the business has been out of business for more than
60 days. The location is 821 W. Minneola Avenue which is the former downtown library. There are six of
the eight items that do not meet the findings. Staff recommended denial.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Dnve, expressed concern with no mention of this bemg a Code
Enforcement Board case.
City Attorney Mantzaris addressed the concern explaining it is not relevant to the Councils determination.
This sign violates the code and the applicant is seeking a vanance to allow him to violate the code. The
relief can only be granted by the City Council which is the reason the applicant is seeking a vanance. If
the vanance is demed, the code provision moves forward.
Council Member Van Wagner requested to be notified of the Code Enforcement Board information. City
Attorney Mantzaris stated he would provide it in the future.
A representative was present on behalf of the owner of 847 W. Minneola, Francois Lembree, requested
Council deny the vanance
City Attorney Mantzans advised Council that staff has provided information that shows the eight factors
have not been met and have no information to show it has been met. Therefore, without the applicant to
present, the Council has to deny the variance.
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City of Clermont
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REGULAR COUNCIL MEETING
June 28, 2011
Cuqui Whitehead stated the Council has no choice but to deny the variance request.
Mayor Turville closed the public hearing.
Council Member Goodgame moved for denial of the vanance. The motion to deny failed due to the lack
of a second to the motion.
Council Member Mullins moved to table this and allow the applicant to appear before us
at our next meeting: seconded by Council Member Van Wagner. The motion passed with
all members present voting "aye ".
Item No. 6 — Variance Request Crystal Clear Pools of Florida
Principal Planner Henschel presented the variance request located at 158 West Highway 50. The applicant
requested to store and display pool toys and equipment outside of the retail pool store. Staff found two
(2) items with a negative finding. In accordance with the Land Development Code requirements, staff
recommended denial of the variance request for outside storage and display.
Jimmy Crawford was present on behalf of Crystal Clear Pools. He requested Council approval and was
available for questions.
Mayor Turville opened the public heanng
Cuqui Whitehead, 837 5" Street, supported the request.
Stuart Granville, Owner, expressed concern with the customers of Jim Willis Hardware parking in his lot
as it has an effect on his business.
Yvonne Gerard, Scottish Pine Lane, spoke m support the business.
Jim Purvis, 4206 Hammersmith Dnve, supported the request.
Mayor Turville closed the public hearing.
Council Member Goodgame suggested moving tire stops forward away from the building in order to
restore the walkway.
Mayor Turville supported the variance.
City Manager Saunders asked council to consider making this variance exclusive for this business so it
would sunset when this business leaves and it would not be with the property in perpetuity.
Council Member Hogan so moved: seconded by Council Member Mullins. The motion
passed with all members present voting "aye ".
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REGULAR COUNCIL MEETING
June 28, 2011
Item No. 7— Variance Request William Colvin
Principal Planner Henschel presented the variance request located at 1243 Lake Avenue. The applicant
requested a variance to allow for a porch addition within the required front yard setback. There is one of
the eight items that does not meet the fmdmgs. Staff recommended denial of the variance request to
reduce the setback from 25 feet to 16.5 feet.
William Colvin, owner, was present to request approval from the City Council.
Mayor Turville opened the public heanng There were no comments.
Mayor Turville closed the public hearing.
Council Member Goodgame moved to approve; seconded by Council Member Hogan.
The motion passed with all members present voting "aye ".
Item No. 8 — Lien Forgiveness Request 707 East Mznnehaha Avenue
Planning and Zoning Director Hitt presented the lien forgiveness request to reduce to $500. Staff
recommended approval of this request to reduce the lien to $500 because this is a new owner and they
have complied with the code. The property owners were out of state.
Mayor Turville opened the public hearing. There were no comments.
Mayor Turville closed the public heanng.
Council Member Hogan moved to approve per the staff recommendation; seconded by
Council Member Goodgame. The motion passed with all members present voting "aye ".
ADJOURN: With no further comments, this meeting was adjourned at 10:05pm
APPROVED:
arS Turville, Mayor
ATTEST:
Tracy Ackroyd, City Cler
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