09-27-2011 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
The Clermont City Council met in a regular meeting on Tuesday, September 27, 2011 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, Hogan and VanWagner. Other City officials present were:
City Manager Saunders, City Attorney Mantzaris and City Clerk Ackroyd. Absent: Council Member
Goodgame.
INVOCATION
Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance.
Mayor Turville reviewed amendments to the agenda. In the absence of Council Member Goodgame, staff
contacted all of the applicants on the agenda advising there would not be a full Council. All of those
concerned with speaking to less than a full Council requested those items be tabled to October 11.
Those items are as follows:
Item No. 12 Ordinance No. 2011-10-M
Council Member Mullins moved to table item 12 to October 11; seconded by Council
Member Van Wagner. The motion passed with all members present voting aye.
Item No. 13 Resolution No. 2011 -13
Council Member Mullins moved to table item 13 to October 11; seconded by Council
Member Van Wagner. The motion passed with all members present voting aye.
Item No. 17 Utility Agreement
Council Member Mullins moved to table item 17 to October 11; seconded by Council
Member Van Wagner -. The motion passed with all members present voting aye.
Item No. 20 Resolution No. 2011 -18
Council Member Mullins moved to table item 20 to October 11; seconded by Council
Member Van Wagner. The motion passed with all members present voting aye.
Item No. 21 Variances Request
Council Member Mullins moved to table item 21 to October 11; seconded by Council
Member Van Wagner. The motion passed with all members present voting aye.
MINUTES
Council meeting minutes of August 23, 2011 and September 13, 2011
Special meeting minutes of September 8, 2011.
Council Member Mullins moved acceptance of the minutes of August 23; seconded by
Council Member Hogan. The motion passed with all members present voting aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
Council Member Hogan moved for approval of the September 8 minutes; seconded by
Council Member Mullins The motion passed with all members present voting aye.
Council Member Mullins moved acceptance of the minutes of September 13: seconded
by Council Member Hogan The motion passed with all members present voting aye.
PUBLIC COMMENTS
Wally Herda thanked Planning and Zoning Director Hitt and staff for cutting the grass at the southwest
corner Highway 27 and Highland Avenue.
Barbara Tanney, 951 East Avenue, suggested the city erect fly nets around Bishop Field to prevent
residential property damage from fly balls and for the safety of children to prevent them from running
into the road for a ball. Mayor Turville asked City Manager Saunders to look into the cost and return to
Council at a workshop or meeting and to notify Ms. Tanney when this would be on an agenda before the
Council
REPORTS
City Manager Saunders — No Report
City Attorney Mantzaris — No Report
Council Member Hogan — No Report
Council Member Mullins reported the Lake Emergency Medical Services Board made the final votes
Council Member Van Wagner — No Report
Mayor Turville — No Report
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— Approval Request Request approval of amended purchase
Purchasing Division agreement between City and Designlab,Inc.
for uniform purchases.
Item No. 2 — Approval Request Request to piggyback Flonda Department of
Purchasing Division Corrections contract with Flowers Chemical
Laboratones, Inc. to provide certified
laboratory services.
Item No. 3 — Approval Request Request to piggyback Lake County B.0 C.
Purchasing Division contract with Waterway Fire Services, LLC to
provide service testing of ground ladders for
the Fire Department
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
Item No. 4 — Interlocal Agreement Approval Request approval of an Interlocal Agreement
Lake County between the City and Lake County for traffic
sign maintenance.
Item No. S — Purchase Approval Request authorization to purchase pipe
matenal needed for constructing the water
main to the Inland Groves property.
Item No. 6 — Agreement Approval Request approval of an amended Agreement
Lake Emergency Medical Services, Inc between the City and Lake Emergency
Medical Services, Inc for dispatch services.
Item No. 7 — Agreement Approval Request approval of an amended Agreement
Lake Emergency Medical Services, Inc between the City and Lake Emergency
Medical Services, Inc for shared living and
vehicle space located in Fire Station 102 at
2200 Hartwood Marsh Road.
Item No. 8 — Agreement Approval Request approval of an amended Agreement
Lake Emergency Medical Services, Inc between the City and Lake Emergency Medical
Services, Inc. for shared living and vehicle space
located in Fire Station 103 at 2180 Legends Way.
Council Member Mullins moved acceptance of the consent agenda items 1 through 8;
seconded by Council Member Hogan. The motion passed with all members present
voting aye.
UNFINISHED BUSINESS
Item No. 9 — Event Request New Beginnings
City Manager Saunders stated this was tabled from the last meeting because the applicant could not
attend. They are proposing to have the event on March 31, 2012. This is a request for a reduction in fees
at the Waterfront Pavilion. The cost would be for full rental fees of $1,265. Also, the applicant is asking
the city to provide employees at no cost for opening, closing, and set up as well as 50 percent reduction in
all expenses.
Sandy Farnsworth was present on behalf of New Begmmngs.
Mayor Turville opened the public heanng.
Wally Herda spoke in opposition of reducing the fees.
Mayor Turville closed the public hearing
Mayor Turville questioned the liability of having a member of staff present. City Attorney Mantzaris
clanfied it is only for the protection of city property. City Manager Saunders explained the staff person
provides assistance during the event. There is no liability.
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City of Clermont
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REGULAR COUNCIL MEETING
September 27, 2011
Council Member Mullins inquired about having a police officer present. City Manager Saunders noted the
request did not ask for the fee to be waived for the police officer, the final request is half off all of the
fees If it is determined an officer is needed and the Council approves a 50 percent reduction on all fees,
then it would also be a reduction for the cost of a police officer. The rate is $25.00 per hour for an officer.
Mayor Turville suggested the applicant pay for the cost of the pavilion rather than 50 percent off the
entire cost to cover the cost of the building.
Council Member Mullins agreed with the suggestion and commented to charge 5 hours for the building
and not charge for the hour to set up and the hour to clean up. He preferred to not discount the cost of
employees and give a reduction on the other fees.
City Manager Saunders clarified the proposed fee for city staff would be $175 and the cost of an officer
would be $175 for a total of $350 for employees. The chair rental and 7 hours for the pavilion would cost
$940 plus $50 for the parking.
Council Member Mullins proposed to charge the requestor for 5 hours rental, waive the 1 hour to set up
and 1 hour to clean up, chair rental and parking fees and pay for city staff as needed. The pavilion cost
would be $600 plus $350 for employees for a total of $950.
City Manager Saunders clarified the charge would be for 5 hours instead of 7 hours for the pavilion
equates to $600 plus direct cost for employees would total $950.
Council Member Mullins moved that for this event we allow them to only pay rental for
the 5 hours of the concert itself and waive fees for chairs and parking fees and to charge
for staff and police as needed for actual hours which would be a maximum of $350 for
employees for a total of $950; seconded by Council.Member Hogan.
Under discussion, Mayor Turville commented the Council has discussed reviewing the rate structure of
this facility.
Council Member Mullins amended the motion to include if between now and March 31'
we lower the "rate, they will benefit at the lower the rate; seconded by Council Member
Hogan. The Motion passed with all-members present voting aye.
Item No. 10 — Ordinance No. 2011-05-M
This item has been withdrawn.
Item No. 11— Comprehensive Plan Amendment Transmittal
This item has been withdrawn.
Item No. 12 — Ordinance No. 2011-10-M Final Hearing
This item has been tabled to October 11, 2011.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
Item No. 13 — Resolution No. 2011 -13 Race Trac
This item has been tabled to October 11, 2011.
The next two items were heard concurrently and voted on separately
Item No. 14 — Ordinance No. 2011-11-M Final Hearing
Mayor Turville read the Ordinance 2011 -11 -M aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Flonda,
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. 15 — Ordinance No. 2011-12-M Final Hearing
Mayor Turville read Ordinance 2011 -12 -M aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Flonda,
adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont,
Flonda, pursuant, to the Local Government Comprehensive Planning Act, Chapter 163,
Part II, Flonda Statutes; setting forth the purpose and intent 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.
Assistant to the City Manager Hollerand presented the request. In 2009 and 2010, the owners requested
annexation and small scale comprehensive plan amendments for City commercial future land use for their
adjacent 9.9 acre and 9.63 acre properties. Those requests were approved by the City Council and were
made known that at a future time, the owners would be requesting annexation and a City future land use
for the remaining parcel. This parcel is not developable and no rezoning application is needed. Upon
annexation, the property will receive the default zoning of Urban Estate. The adjommg parcels will be
developed as a unified parcel at a'later date. The subject property is contemplated as a future conservation
area or open space.
This property qualifies for the small scale comprehensive plan amendment process and will not be
reviewed by the reviewing agencies or the Department of Econonuc Opportunity formerly known as the
Florida Department of Community Affairs. It will be final 31 days after adoption.
The property is within the City's Joint Planning Area and is contiguous to the City on two sides.
Annexations of infill properties are consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Upon annexation, it is appropnate to assign a City future land use of Conservation. Staff recommended
approval of the annexation and Future Land Use Map change. At the September Planning and Zoning
meeting, the board voted for approval to the City Council.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
Victona Jayne, applicant/owner, was present and requested approval.
Mayor Turville opened the public heanng.
There were no comments.
Mayor Turville closed the public hearing.
Council Member Mullins moved acceptance of Ordinance 2011 -11 -M; seconded by
Council Member Hogan. The motion passed 4 to 0 on a roll call vote with all members
present voting aye.
Council Member Mullms moved for the adoption of Ordinance 2011 -12 -M, seconded by
Council Member Hogan. The motion passed 4 to 0 on a roll call vote.
NEW BUSINESS
Item No. 16 — Event Request Downtown Partnership
City Manager Saunders reported the Downtown Partnership is planning to have an Art Festival on
November 4 and- 5. They are requesting for the city to provide a police officer for secunty from 8pm
Friday night to 8am Saturday monung and Spin Saturday to 8am Sunday morning; one City EMT and one
Paramedic for Saturday and Sunday dunng the event; and access to the Banner Structure located on the
corner of Highway 50 and 8 Street for event signage during the two weeks pnor to the event. There is an
additional request to use the City Hall lobby during the Art Show for a featured artist. Mr. Saunders
suggested the Downtown Partnership provide for someone to be stationed in the lobby at all times during
the event. The doors and elevator will be secure so there would not be any access to the rest of the
building. The total cost will be $1,600 for City employees. Furthermore, City Manager Saunders noted, m
talking with staff, it is not necessary to have an EMT and Paramedic on site during the entire event.
Mary Prescott was present on behalf of the Downtown Partnership She remarked since the request has
been made, they have secured a pnvate healthcare provider to take care of mmor incidents and withdrew
the request for an EMT onsite. She will communicate how the streets will be blocked with the Fire
Department in advance should there be an emergency.
Council Member Van Wagner moved to allow the event request for the Downtown
Partnership to take place with no expense, seconded by Council Member Hogan.
Under discussion, Mayor Turville clarified this is only for police security and the motion includes the use
of the City Hall lobby.
The motion passed with all members present voting aye.
Item No. 17— Utility Agreement Colonial Acquisitions (Reed Nzssan)
This item has been tabled to October 11, 2011.
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Ciry of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
Item No. 18 — Variance Request Anthony Aseere
Principal Planner Henschel presented the request located at 574 Hernando Place. The applicant requested
a vanance to allow for a screen enclosure with a covered roof within the required rear yard setback of Lot
56 in the Verde Ridge subdivision. This subdivision is zoned UE which has a rear yard structure setback
of 25 feet and a 10 foot rear yard setback for swimming pools and accessory structures The applicant
proposed to construct a screened enclosure with a solid roof that will extend into the 25 foot rear yard
setback by 7 feet. Typically, this would be allowed within the UE zoning district as a swimming pool
with a screen enclosure. However, a portion of the screen enclosure has a solid roof and city code views
this as part of the main building that the 25 foot rear yard setback. The Land Development Code
requires a positive finding on eight items in order to grant a variance and there are two of the eight that do
not meet these findings. Staff recommended denial of the variance request.
Applicant, Anthony Aseere, was present requesting approval.
Mayor Turville opened the public heanng.
There were no comments.
Mayor Turville closed the public heanng.
Council Member Mullins commented there are no neighbors located behind the property and spoke m
favor of the request.
Council Member Mullins moved to grant the request, seconded by Council Member
Hogan. The motion passed with all members present voting aye.
Item No. 19 — Variance Request Yogeshwar Juggerdeo
Principal Planner Henschel presented the request located at 1526 Sundown Lane. The applicant requested
a variance to allow for a screen enclosure with a covered roof within the required rear yard setback of Lot
95 in the Sunset Village` subdivision: This is zoned R -1 which has a rear yard structure setback of 25 feet
and a 7.5 foot rear yard setback for swimming pools and accessory structures. They have proposed to
construct a screened enclosure with a solid roof that will extend into the 25 foot rear yard setback by 14.7
feet. Typically, this would be allowed within the R -1 zoning district as a swimming pool with a screen
enclosure. However, a portion of the screen enclosure has a solid roof and city code views this as part of
the main building that requires the 25 foot rear yard setback. The Land Development Code requires a
positive finding on eight items in order to grant a vanance and three of the eight do not meet these
findings. Therefore, staff recommended denial of the variance request.
Applicant, Darshani Juggerdeo, was present requesting approval.
Mayor Turville opened the public heanng. There were no comments
Mayor Turville closed the public heanng.
Mayor Turville supported this request and suggested City staff review the code pertaining to these types
of requests
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2011
Council Member Mullins agreed with Mayor Turville to rewnte the code and inquired about the location
of the 4 foot sidewalk.
The applicant stated the sidewalk would be located on the side of the house.
Council Member Mullins moved to grant the variance as requested, seconded by Council
Member Hogan. The motion passed with all members present voting aye
Item No. 20 — Resolution No. 2011 -18 Clermont Land Development (Pep Boys)
This item has been tabled to October 11, 2011.
Item No. 21— Variances Request Clermont Land Development (Pep Boys)
This item has been tabled to October 11, 2011.
ADJOURN: With no further comments, this meeting was adjourned at 8:08pm
APPROVED:
arold S. Turville, Mayor
ATTEST:
w Trac Ac . oyd, City Clerk
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