09-23-2014 Regular Council Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
The Clermont City Council met in a regular meeting on Tuesday, September 23, 2014 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 Goodgame, Mullins, Bates and VanWagner Other City officials
present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd.
INVOCATION
Council Member Mullins gave the invocation followed by the Pledge of Allegiance.
PRESENTATIONS
Fire Chief Bishop presented the 2013 Life Safety Achievement Award to the Clermont Fire Department
Fire Prevention Team.
PROCLAMATIONS
Council Member Goodgame pulled Item 3 from the Consent Agenda.
Mayor Turville read Resolution 2014-33 aloud by title only
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
approving the State Road Co-designation of State Road 50 between U.S. Highway
27/State Road 25 and Hancock Road as "Specialist Alexander Miller Memorial
Highway";and providing an effective date.
City Clerk Ackroyd read Resolution 2014-33 aloud in its entirety
Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the
public hearing.
Council Member Goodgame moved to adopt Resolution 2014-33 and present Ms. Miller
with the plaque; seconded by Council Member Mullins. The motion passed with all
members present voting aye.
Mayor Turville presented Resolution 2014-33 to Susan Miller,mother of Specialist Alexander Miller.
City Clerk Ackroyd read the proclamation aloud declaring the week of October 5 through October 11 as
Fire Prevention Week 2014
PUBLIC COMMENTS
Ginger Martin commented on the difficulty in making a left hand turn onto Hancock Road at the Oakley
Seaver intersection Lake County made changes at Oakley Seaver and Hancock Road, resulting in u-turns
at the intersection. A vehicle cannot travel south from any northbound lanes off Hancock Road off State
Road 50 to the Oakley Seaver intersection. Ms. Martin stated she contacted Lake County Public Works
and a traffic study warranted a traffic signal at the intersection Lake County indicated Black West was
prepared to write a$100,000 check for an unwarranted traffic signal at Diamond Club Drive and Hancock
Road She requested the City petition Lake County to use the $100,000 to install the traffic signal at
Hancock Road and Oakley Seaver.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
Sherry Olson with the South Lake Hospital Foundation read a request on behalf of Carlos Solis, who was
unable to attend. Mr. Solis' group will hold a fund raising event at the Clermont Community Center with
the proceeds benefitting the South Lake Hospital Mammography Foundation. He requested waiver of the
rental fees at the Clermont Community Center for the event
City Manager Gray stated Mr Solis was given a 20 percent non-profit rate and the discounted rental fee is
$1,892 The City's practice has been to waive fees if the City is sponsoring an event The City is not a
sponsor of the event.
Council Member Mullins commented if the City sponsors the event and provides fee reductions and
waivers, other events will request similar sponsorships Mr Solis' event may provide opportunity for
economic development,tourism, and benefitting local women He was in favor of becoming a sponsor
Council Member VanWagner inquired about other costs and Mr. Solis' specific request. City Manager
Gray stated additional expenses involve paying two police officers, fire personnel, and audio visual
personnel. The request is to waive the$1,892 discounted rental fee.
Council Member VanWagner was in favor of sponsoring the event
Mayor Turville opened the public hearing There were no public comments Mayor Turville closed the
public hearing
Council Member Goodgame commented the event was the first major event at the Arts and Recreation
Center and was in favor of reducing the fees.
Mayor Turville was in favor of waiving the fees
Council Member Bates moved to waive the fees; seconded by Council Member
VanWagner. The motion passed 4 to 1 with Council Member Mullins opposed.
Cameron Smith commented he was a South Lake High School student who teaches beginning students for
the Lake Eustis Sailing Foundation. He introduced his mother; Stacy Uptain. Ms. Uptain distributed
photographs of sailboats and requested Council allow Clermont Sailing Center to use the building on
Lake Minneola between the Clermont Yacht Club and Clermont Bikes and Boards.
Mayor Turville requested staff meet with Ms. Uptain regarding the request.
REPORTS
City Manager Gray reported the Final Budget Public Hearing will be held September 25 at 6pm. Toys for
Tots has requested permission to place their toy donation bins at the City of Clermont Fire Stations and
Council Member Goodgame will meet with Fire Chief Bishop regarding the request. The community is
invited to honor Mayor Harold Turville, Jr. at the Clermont City Center on October 19 from 4:30pm to
6.30pm.
City Attorney Mantzaris—no report.
Council Member Bates—no report
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
Council Member Goodgame reported the Lake County Tourism Board's year-to-date Tourism Tax
revenues are up 14 percent compared to same period last year. The Third Annual Wings and Wildflower
Festival will be held October 3 through October 5 at Venetian Gardens in Leesburg. He requested City
Attorney Mantzaris make a recommendation regarding Council prayer at the next meeting.
Council Member Mullins reported he attended Sales Tax Oversight Committee meeting on September 15
and reviewed the municipalities proposed budgets. The Auditor General had reviewed how the
Committee handles the process and they will be changing their review format to include monitoring
• where the municipalities stated they would spend the funds. The Lake Emergency Medical Services
Board met and reported response times are down. The number of calls and number of transports have
seen double-digit increases in the last four months
Council Member Van Wagner stated on November 13, 2013 the Black West property received a
Conditional Use Permit with one of the conditions requiring installation of a traffic signal at Diamond
Players Drive and Hancock Road. City Attorney Mantzaris is working on an Interlocal Agreement with
County Attorney Minkoff regarding the traffic signal
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 -Acceptance of Election Results Consider approval of Primary Election
Results for Seat 5.
Item No 2 -Council Meeting Minutes Consider approval of the Regular
Council Meeting Minutes of July 22,
2014
Item No. 3 - Resolution No. 2014-33 Consider approval of Resolution
designating the roadway as "Specialist
Alexander Miller Memorial Highway"
Item No. 4 -Resolution No. 2014-34 Consider approval of Resolution to
appoint Council Member Goodgame to
the Tourism Development Council
Committee.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
Item No 5 -Alcohol Waiver Request Consider approval for the Taste of South
Lake to have an open container area for
their event
Item No. 6-Contract Approval Consider request to piggyback Sumter
County contract with PDCS, LLC. to
provide Building Inspection Services.
Item No. 7 - Request For Proposal Award Consider bid award to Jordan Brothers
Construction,LLC. to design-build a
splash park at the Waterfront Park to not
exceed$400,000.
Council Member Bates pulled Item 7 and asked if the design would come before Council
City Manager Gray stated the item is to approve the contract for designing and building a splash park.
The conceptual design is included in the Council's packets and is in the budget for a maximum of
$400,000. The apparatus' could change to some extent and staff will bring the final design before
Council.
Council Member Goodgame moved to approve Consent Items 1,2,4, 5, 6 and 7; and
City Manager to bring final design back to the Council before construction starts.
The motion died for a lack of a second to the motion.
Council Member Bates moved to approve Item 7; seconded by Council Member Mullins
The motion passed 4 to 1 with Mayor Turville opposed
City Manager Gray stated he would bring back the final design to Council.
Council Member Bates moved to approve Items 1, 2,4, 5 and 6 on the Consent Agenda;
seconded by Council Member Mullins. The motion passed with all members present
voting aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
UNFINISHED BUSINESS
Item No. 8-Ordinance No. 2014-24;Final Hearing
City Clerk Ackroyd read Ordinance 2014-24 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 122 Zoning, Section
122-349 Home Occupations, Section 122-243 Permitted Uses, and Section 122-244
Conditional Uses, providing for codification;severability; effective date;and publication.
Planning Manager Henschel stated staff recommended approval of the Ordinance. The Ordinance
includes updates to the Land Development Code dealing with Home Occupations and Restaurants within
the Central Business District. Changes included allowing Real Estate Sales and Brokerage to conduct
telephone business at home; with actual transactions conducted through the commercial office, and
allowing restaurants and lounges less the 3,000 square feet to operate in the Central Business District
without a Conditional Use Permit. Staff removed the term "lounge"as recommended by the Planning and
Zoning Commission
Mayor Turville inquired if the language change deleting "lounge" had been advertised. City Attorney
Mantzaris stated the Ordinance was advertised to address the issue. Anyone wanting to address specific
lounges or restaurants has the opportunity to do so, therefore advertising is not an issue and Council can
move forward and take action.
Mayor Turville opened the public hearing There were no public comments. Mayor Turville closed the
public hearing.
Mayor Turville noted lounges do need to be regulated as a conditional use.
Council Member Mullins indicated the Ordinance provided to Council included lounges City Attorney
Mantzaris stated Council was considering the revised ordinance as presented by staff; which follows the
Planning and Zoning Commission recommendation.
Council Member Goodgame moved for the adoption of Ordinance 2014-24; seconded by
Council Member Mullins. The motion passed 5 to 0 on a roll call vote.
Item No. 9-Ordinance No. 2014-25;Final Hearing
City Clerk Ackroyd read Ordinance 2014-25 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 122 Zoning, Section
122-344 General Development Conditions; providing for codification; severability;
effective date;and publication.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
Planning Manager Henschel stated staff recommended approval of the Ordinance The changes address
property maintenance to unimproved property which is left natural or planted with agricultural crops. The
Ordinance was advertised to include changes to Chapter 94 regarding building code exemptions, however
only changes to Chapter 122 regarding maintenance were brought forward. The Planning and Zoning
Commission unanimously recommended approval of the Land Development Code changes
Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the
public hearing.
Council Member Mullins moved to adopt Ordinance 2014-25 as adjusted by staff;
seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote
Item No. 10-Ordinance No. 2014-26, Final Hearing
City Clerk Ackroyd read Ordinance 2014-26 aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing
and permanently abandoning a portion of a 40 foot right-of-way northerly and contiguous
to lots 1 through 10 block 117 Johnsons Replat; repealing all Ordinances in conflict
herewith,providing for severability,publication,recording,and for an effective date.
Planning Manager Henschel reported the Lakeshore Drive right-of-way runs along City property being
developed for the boathouse. The west portion of the right-of-way is the section staff is requesting
closure. Staff recommended approval of the right-of-way closure.
Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the
public hearing.
Mayor Turville noted the City should be cautious in forcing properties west of the boathouse to be
required to go further west to access their properties
Planning Manager Henschel pointed out the location of the legal access to the properties and stated the
legal access is not part of the right-of-way closure
Mayor Turville inquired if the right-of-way went beyond the boat ramp. Planning Manager Henschel
replied it extends to the boat ramp.
Council Member Goodgame moved to approve Ordinance 2014-26; seconded by Council
Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville
opposed.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
NEW BUSINESS
Item No. 11-Resolution No. 2014-29, House of Deliverance Inc
City Clerk Ackroyd read Resolution 2014-29 aloud by title only
A resolution of the City Council of the City of Clermont, Lake County, Florida, granting
a Conditional Use Permit to establish a house of worship in the C-2 General Commercial
zoning district.
Planning Manager Henschel presented the Conditional Use Permit request to operate a house of worship
at 1203 Highway 50 within the Emerald Lakes Shopping Plaza The Planning and Zoning Commission
and staff recommended approval of the Conditional Use Permit.
Sam Arthur; Applicant, was present and requested approval of the Conditional Use Permit.
Mayor Turville opened the public hearing.
Lawrence Kingston stated he owned property behind the location and commented the area experiences
heavy flooding. He was not opposed to the house of worship City Manager Gray requested staff
investigate the flooding issue.
Council Member Goodgame requested information about the scheduled events for the location. Planning
Manager Henschel stated the house of worship had requested fundraising events at Sunnyside Plaza in
2013 and would like to continue with the events at the new location.
Council Member Goodgame inquired if the shopping plaza store owners agreed with allowing the
fundraising events. Planning Manager Henschel stated the City does not require the store owners'
approvals.
City Attorney Mantzaris stated the owner of the shopping plaza complex signed off on the application
Council Members Goodgame and Mullins expressed concerns regarding possible competition with the
restaurant and grocery store located in the plaza.
Council Member Goodgame suggested tabling the request pending receiving certifications of no objection
from the restaurant and grocery store. Planning Manager Henschel stated the restaurant was contacted
and was not opposed to the events.
Council Member Van Wagner and Mayor Turville were not opposed to allowing the fundraising events.
Mayor Turville suggested providing a time frame to allow the fundraisers and then evaluate the impact on
the store owners Mr. Arthur,the Applicant, was in agreement.
Council Member VanWagner moved to approve and have staff return in a year if there
are any issues with the fundraisers; seconded by Council Member Goodgame The
motion passed 4 to 1 with Council Member Mullins opposed
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City of Clermont '
MINUTES
REGULAR COUNCIL MEETING
September 23,2014
Item No. 12-Resolution No. 2014-30, River of Glory Church
City Clerk Ackroyd read Resolution 2014-30 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida,granting
a Conditional Use Permit to establish a house of worship in the C-2 General Commercial
zoning district
Planning Manager Henschel presented the Conditional Use Permit request to operate a house of worship
in a 1,000 square foot office space located at 341 North Highway 27. The Planning and Zoning
Commission and staff recommended approval.
Pastor David Young, Applicant, was present and requested approval of the Conditional Use Permit
Mayor Turville opened the public hearing There were no public comments. Mayor Turville closed the
public hearing
Council Member Goodgame moved for approval of Resolution 2014-30; seconded by
Council Member Mullins. The motion passed with all members present voting aye.
Item No. 13- Variance Request
Planning Manager Henschel presented the variance request to install a 4 foot by 10 foot covered rear
porch on the house located at 3719 Peace Pipe Way. The owner of the house is a disabled veteran and is
seeking an emergency egress for the master bedroom located on the back of the house. The porch would
extend from the existing master bedroom wall into the rear yard setback by 2.5 feet leaving a total rear
yard setback of 22 5 feet Staff recommended approval of the variance request.
Nathan Cross; Contractor for George and Charlotte James, stated the project was made possible by the
Veterans Administration. The Veterans Administration requires specific criteria, including obtaining an
additional egress for safety reasons. Charlotte James stated the project would allow Mr James use of the
backyard.
Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the
public hearing
Council Member Mullins moved to approve, seconded by Council Member Bates. The
motion passed with all members present voting aye.
ADJOURN: With no further comments,this meeting was adjourned at 8:51 pm.
APPR 1 VED:
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Tracy Ackroyd,City Clerk
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