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City of Clermont
MINUTES
•
REGULAR COUNCIL MEETING
July 24, 2012
Council Member Goodgame pleaded with City Manager Saunders to follow the recommendation and
thinks it is in the best interest of the city.
Mayor Turville commented the issues in question have been reviewed and arbitrated or is in distnct court.
City Attorney Mantzaris stated the Council can offer opinions as to how they would like the Chief
Administrative Official to act and can direct staff to complete an investigation. Most items referenced are
continuing arbitration proceedings related to officers disciplined and other items discussed have either
been vetted in the court system,an arbitration process or is still pending in the court system.
Council Member Mullins believes Chief Graham is doing a good job and would support the City Manager
if he wanted to bring in an outside agency to clear Chief's name. He disagrees to suspend the Police
Chief and officers.
Council Member Van Wagner strongly urged the City Manager to bang in an outside agency
Mayor Turville noted item number 10 Resolution 2012-20 has been withdrawn and item number 14
regarding a Conditional Use Permit for Tires Plus has asked to be tabled to August 28.
Council Member Goodgame moved that item 14 be tabled to August 28, 2012; seconded
by Council Member-Mullins.The motion passed with all members present voting aye.
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 Request authorization to award Odyssey
Purchasing Division Manufacturing Company the bid to furnish
and install two 2,000 gallon bleach tanks at
Environmental Services and approve budget
amendment for$19,000.
Item No. 2'Approval Request Request approval to vacate utility easement
Engineering Department located at Plaza Colima.
Item No. 3—Grant Opportunity Request authonzation to apply for the Fiscal
Fire Department Year 2012 Staffing for Adequate Fire and
Emergency Response (SAFER) Grant
Program to retain funding for the two SAFER
positions that are currently under Federal
Grant funding scheduled to expire September
2012.
Council Member Goodgame pulled items 2 and 3.
Council Member Goodgame moved to approve item number 1; seconded by Council
Member Mullins.The motion passed with all members present voting aye.
Item No. 2—Council Member Goodgame questioned the vacated easements
3
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24,2012
City Manager Saunders stated this is a utility easement on the west end of the Plaza Collina project. It has
been determined the easement is no longer needed and the owners are requested that it be vacated and
City Engineer Richardson has recommended that it be vacated.
Council Member Goodgame moved to approve item 2; seconded by Council Member
Mullins.The motion passed with all members present voting aye.
Item No. 3 — Council Member Goodgame opposed the request for two additional firefighters in the Fire
Department and would like to see it withdrawn. He stated he is not in favor of additional employees in the
Fire Department.
City Manager Saunders commented the memo from Fire Chief Bishop was requesting to apply for the
new grant to continue funding for the officers we have. We will not be eligible for the funds to continue
paying those officers. If we move forward with this grant application,the grant would fund two additional
officers for two years then it would be the city's responsibility.
Council Member Mullins questioned if the additional staff would decrease overtime. City Manager
Saunders stated it could help save money in overtime.
Council Member Goodgame moved the grant opportunity for the Safer grant for two more fireman under
item 3 be withdrawn; seconded by Council Member Hogan. The motion failed 2 to 3 with Mayor Turville
and Council Members Van Wagner and Mullins opposing.
Council Member Mullins moved to apply for a Safer grant for two firefighters for two
years; seconded by Council Member Van Wagner The motion passed 3 to 2 with
Council Members Hogan and Goodgame opposing.
NEW BUSINESS
Item No. 4—Proposed Millage Rate
Admuustrative Services Director Joe Van Zile reported staff proposed a millage increase from 3.142 to
3.729 which is a 5.87 percent increase. In addition, staff has proposed $750,000 from General Fund
Reserves to balance the budget. The request is for Council to adopt a preliminary millage rate for the
Property Appraiser to advertise in the TRIM notice to residents. There will be two public heanngs in
September to adopt a millage rate For a balanced budget, the millage rate would have to be 4.19 for
2012-2013 fiscal year.
Mayor Turville stated there is$10.5 million in the General Fund reserves and opposed a tax increase.
Council Member Hogan moved to recommend 4.19 millage rate.
Mayor Turville noted that is a 35 percent increase.
Council Member Mullins suggested the rolled back rate of 3.2925.
Council Member Van Wagner seconded the motion. The motion passed 3 to 2 with
Mayor Turville and Council Member Mullins opposmg.
4
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24,2012
Council Member Hogan left the meeting.
Item No. 5—Event Request Funtime Entertainment Inc
City Manager Saunders reported on the request from Funtime Entertainment to use Waterfront Park and
Pavilion and waive rental and staffing fees to host a family fun day on August 17 from 3pm to 7pm. It is a
free event for the children of Clermont.
Tim Murry, 574 E.Desoto Street,requested approval
Mayor Turville asked if they have insurance to cover the event
Mr.Murry stated the Christian Men in Action would cover it under their umbrella.
Mayor Turville opened the public heanng.
Cuqui Whitehead, 837 5th Street, suggested the applicant pay the staff fees.
Charles Forth,939 W.Desoto Street, supported the request
Mayor Turville closed the public hearing.
Council Member Mullms stated the application is from a non city resident and did not fund this park. He
suggested a reduced parking pass for event participants and to charge for the staff person.
Council Member Mullins moved to drop the rental fee for family fun day at Waterfront
Park on August 17 to$125; seconded by Council Member Goodgame
Under discussion,Mayor Turville opposed to charge a fee for this event.
Mr Murry stated the Christian Men in Action would take responsibility.
Council Member Mullms amended the motion from nonresident to underneath the
umbrella of the Christian Men in Action who are residents to waive the whole thing and
put them responsible for the activity; seconded by Council Member Goodgame.
Under discussion, Council Member Van Wagner suggested a different rate for non profits.
The motion passed 4 to 0 with all members present voting aye.
Item No. 6—Event Request Willie Montgomery
Willie Montgomery requested approval to waive or reduce fees to use the Waterfront Pavilion.
Mayor Turville opened the public heanng.
Charles Forth, 939 W. Desoto Street, supported waiving fees and suggested a proclamation.
Mayor Turville closed the public heanng.
5
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24,2012
Council Member Van Wagner moved to approve; seconded by Council Member
Goodgame with them doing the clean up The motion passed with all members present
voting aye.
Mr. Montgomery expressed support for City Manager Saunders, requested reconsideration of his
resignation and commended him on his years of service to the city.
Item No. 7— Variance Request Redmon & Gerard
Principal Planner Henschel presented the request to install a 6 foot tall fence located on the street side
front setback between the city right-of-way and the secondary front of the applicants house. Per code,
fences are allowed within this area as long as they do not exceed four feet in height.The applicant intends
to keep a 14 foot setback off of the sidewalk but this area still limits the fence to four feet m height. The
Land Development Code requires a positive finding on eight items to grant vanances and staff believes
there is one of the eight that do not meet these findings.Therefore, staff recommended denial.
Applicant, Garry Spooner, was present representing the College Park Homeowners Association. It was
approved based upon the request and requested council approval.
Mayor Turville opened the public hearing. There were no comments Mayor Turville closed the public
heanng.
Council Member Mullins moved to grant the vanance as requested; seconded by Council
Member Goodgame. The motion passed with all members present voting aye.
Item No. 8—Resolution No. 2012-18 House of Deliverance Church
Mayor Turville read Resolution 2012-18 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting
a Conditional Use Permit to allow a church facility in the C-2 General Commercial
Zoning District.
Principal Planner Henschel presented the request for a church to occupy approximately 1,200 square feet
of retail/office space. With the existing businesses operating at normal business hours, and the church
operatmg at non-business hours, staff believes there will not be any parking issues on or off site. Staff
recommended approval of the request for a Conditional Use Permit to allow a church facility on C-2
General Commercial zoned parcel.
The applicant was present, Samuel Arthur, Pastor of Church requesting approval.
Mayor Turville opened the public heanng.There were no comments
Mayor Turville closed the public hearing.
Council Member Mullins moved to adopt Resolution 2012-18; seconded by Council
Member Goodgame. The motion passed with all members present voting aye.
6
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24, 2012
Item No. 9—Resolution No. 2012-19 Goodwill Industries
Mayor Turville read Resolution 2012-19 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 building over 20,000 square feet.
Planning and Zomng Director Hitt presented the request for-a Conditional Use Permit for Goodwill
Industnes located on the northeast corner of Hooks Street and Grand Highway Staff recommended
approval.The Planning and Zomng Board recommended approval.
Applicant, Shannon Hoagland,representing Goodwill Industries was present and available for questions
Mayor Turville opened the public heanng.
Cuqui Whitehead, 837 5th Street, supported the request.
Mayor Turville closed the public hearing
Council Member Mullins expressed concern with the location in the M1 distnct.
Council Member Goodgame moved to approve.
Planning and Zoning Director Hitt commented it does have an industrial zoning although the land use is
commercial.There would have to be a land use amendment to obtain industrial use.
The motion was seconded by Council Member Mullins.
Ms. Hoagland stated this store will bring approximately 30 to 35 full time jobs to the area.
The motion passed with all members present voting aye.
Item No. 10—Resolution No. 2012-20 Lake County Adult Activity Center
This item was withdrawn from the agenda.
The next two items were presented concurrently and voted on separately
Item No. 11—Resolution No. 2012-21 Lilly's on the Lake
Mayor Turville read Resolution 2012-21 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 restaurant in the CBD Central Business Distnct.
Item No. 12— Variance Request
Planning and Zoning Director Hitt presented the request for a Conditional Use Permit for a restaurant
within the Central Business Distnct zoning distnct located at 848 West Osceola Street
7
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24,2012
The proposed restaurant will include a new 4,725 square foot building consisting of indoor and outdoor
patron areas The 4,040 square foot warehouse currently used as the Wakeboard Camp is proposed to
remain as part of the project but will only be used for storage and a 150 square foot office area. The
outdoor area along the east side of the property is proposed to be used for recreation and vanous
activities. He reviewed other events and activities the owners would like to include as part of the
restaurant.
This site is directly adjacent to the South Lake Trail. As part of the Conditional Use Permit, staff
recommended, if the existmg structure is ever removed the owner grant a 7 foot easement for the purpose
of widemng the trail to 15 feet. The applicant is concerned with the liability issue for an easement as it
relates to the use for the expansion of the trail The owners would rather sell the required land to the City
than provide an easement.
Planning and Zoning Director Hitt reviewed the six variances requested to include: 1. Reduction of the
west landscape buffer from 10 foot to 5 foot; 2. No landscape buffer along the north shore area; 3. No
landscape buffer along the east side, adjacent to the City's Waterfront Park; 4. Southern landscape buffer
to be on the City's property; 5. Outside storage and display for rentals; 6. Reduction in parking from the
Central Business Distnct standards.
The proposed restaurant use is in accordance with the Land Development Code. The site is limited in size
for the proposed use due to the location and existing structure. The proposed site plan will require
approval of a few of the variance requests. The elimination of the east and south landscape buffers open
the site up for lake and park vistas. Staff recommended approval of the Conditional Use Permit.
Council Member Goodgame noted he met with these individuals and discussed painting the wakeboard
shop and noise on the lakefront.
Erik Strom, 11021 Bronson Road, expressed concern with the language as it relates to the trail.
Verneka Strom was present to review the plan for the restaurant and requested approval.
Mayor Turville opened the public hearing.
Cuqui Whitehead, 837 5th Street, supported the request.
Edward Apodaca, 777 Osceola Street,supported the request and expressed concern with parking.
Judy Proli, 1020 Everest Street, expressed concerned with parking and recommended tearing down the
Wakeboard building.
Charles Forth, 939 W. Desoto Street, expressed concern with noise on the lakefront and suggested
ensunng there is no water runoff from the parking area.
Mayor Turville closed the public hearing
Chris Germana, Germana Engineenng and Associates, commented there is the 100 year flood elevation
and the waterline close to the property line. On the flood elevation, it will be amended in the upcoming
year to be pushed closer to the water line for a greater separation from the building to the 100 year flood
elevation. It could be up to 25 feet with the adjusted elevation.
8
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24, 2012
Mayor Turville expressed concern with the old building and the 100 year flood plain.
Council Member Mullins expressed concern about parking.
Mr Strom noted the restaurant meets the code for parking.
Council Member Van Wagner supported the request.
Council Member Goodgame commented he would remove the west landscape barrier requirements.
Council Member Goodgame suggested on the noise, there would be no outdoor music after 11pm on
Friday and Saturday nights, no outdoor noise dunng the week from Sunday through Thursday nights,
remove the walkway from the old wake board shop and the landscaping on the west side of the parking
lot would not be a requirement.
Council Member Goodgame moved to approve the resolution with hours related to
outdoor music in which the music stops at l 1pm on Fnday and Saturday nights and 10pm
Sunday through Thursday nights: seconded by Council Member Mullins. The motion
passed with all members present voting aye.
There is no language m the document regarding the property, if it is demolished.
Council Member Goodgame moved for the approval of variance 1 left at 5 feet and 2
through 5 as submitted: seconded by Council Member Van Wagner.
Council Member Goodgame amended the motion to remove the walkway from the old
wakeboard shop.
Council Member Mullins expressed concern with the lack of parking.
The motion passed with all members present voting aye.
Item No. 13—JPA Utility Agreement
Planning and Zoning Director Hitt presented the request to amend a Utility Services Agreement for Water
and Wastewater to include an Assisted Living Facility on 4.8 acres of land within the overall
development. Staff recommended approval.
Council Member Goodgame moved for the approval of item 13 JPA utility agreement for
Johns Lake LLC: seconded by Council Member Mullins. The motion passed with all
members present voting aye.
Item No. 14—Conditional Use Permit Tires Plus
This request has been tabled to August 28, 2012
9
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 24, 2012
ADJOURN: With no further comments, this meeting was adjourned at 10:36pm.
APPROVED:
0j°7411
S.Turville,Mayor
ATTE T:
Tracy Ackro d,City Cler
10