07-12-2005 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 12, 2005
•The Clermont City Council met in a regular meeting on Tuesday, July 12, 2005 in the Council Chambers at City Hall.
Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council
Members Mullins, Goodgame, Ash and Renick. Other City officials present were: City Manager Saunders, Assistant
City Manager Gray, City Attorney Mantzaris, and Deputy City Clerk Knight.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
MINUTES
Approval of the Minutes of the City Council Meeting held May 24, and June 14, 2005
Council Member Renick noted a spelling error on May 24, 2005 minutes. She stated the correct spelling of the last name
is Boam instead of Sherry and John Bone.
Council Member Goodgame moved approval of minutes as corrected; seconded by Council Member
Mullins. The motion passed with all members present voting "ave ".
PUBLIC COMMENTS
Jim Purvis stated he would like Council to be more pro active with the Lake County School Board meetings.
avid Lofgren advised Council of his concern regarding the increase in fees for the Senior Softball League.
Greg Thomas, Manager of the 55 and over Senior Softball. Team, concurred with the concern over the proposed fee
increase for the Senior Softball.
Fred Roderick, Senior Softball player, also expressed his concern regarding the proposed fee increase for the Senior
Softball.
City Manager Saunders informed Council he is not aware of any discussion regarding an increase in fees.
Ted Kirkland, resident of the Chestnut St area, informed Council of the junk and debris that has begun piling up since the
clean up of the area a few weeks ago. He stated the police have not increased the patrol in the area and the matter is
getting worse.
Council Member Goodgame informed Council he spoke with City Manager Saunders in regards to other efforts to help
keep the streets clean.
Council Member Renick asked about a monthly pick up of the debris until other procedures are implemented.
City Manager Saunders commented there is a crew that picks up large trash items however it may take approximately a
week to complete the route throughout the City of Clermont.
Robert Ferguson, East Seminole Neighborhood Watch, thanked Council Members Renick, Goodgame and Mullins fnr
their commitment to the area and helping the residents keep their property values up.
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REPORTS
City Manager Saunders - No Report
City Attorney Mantzaris reminded Council of the discussion at the June 20 workshop in regards to creating a nuisance
abatement act. He commented on the memo he provided Council which outlines the understanding and process of filling
action against owners in the Chestnut St area who are in violation of criminal activity, dumping debris, abandonling
vehicles or any other activity that creates a nuisance to the community. Attorney Mantzaris also stated they are in the
process of researching information from the Police Department, and Code Enforcement as well as the local residents in
order to narrow down the offenders. He requested approval from Council for his office to file action in the cases they felt
legally appropriate.
Council Member Renick moved approval For Attorney Mantzaris to proceed with litiP,~ation; seconded by
Council Member Mullins. The motion amassed with all members present voting "aye ".
Council Member Ash - No Report
Council Member Goodgame - No Report
Council Member Mullins - No Report
Council Member Renick - No Report
~ayor Turville - No Report
Council Member Goodgame asked City Engineer, Tamara Richardson, for a report on the reclaimed water in the north
pond at Kings Ridge.
Ms. Richardson informed Council she has been in contact with the Department of Environmental Protection and stated the
problem is with the permit. The well in the north pond which is owned by the golf course has a back flow preventor that
is incorrect for reclaimed water use. The City is working with the golf course maintenance company to correct this.
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 -Irrigation Bid
Item No. 2 -Surplus Equipment
Item No. 3 -Event Request
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Request to reject sole bid for McKinney Park Irrigation from
JRS GeoServices in the amount of $24,644.68
Request approval to surplus furniture/equipment from the old
City Hall
Gateway Church of Clermont, Inc. requests use of McKinney
Park for a Community Block Party at McKinney Park on July 31,1
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REGULAR COUNCIL MEETING
July 12, 2005
• from 6-8 p.m.
Item No. 4 -Contract Approval Request approval of a contract with WPC Industrial Contractors
to construct the Sunburst Lane WTP in the amount of
$3,548,000.000
Item No. 5 -Lien Forgiveness To forgive lien accrued in the amount of $438 on property
located at 796 E. Montrose Street
Item No. 6 -Selection Committee Appointment of Selection Committee for Architectural Services
which consists of City Engineer Tamara Richardson, Assistant
City Manager Darren Gray, Administrative Services Director Joe
Van Zile and City Manager Wayne Saunders.
Council Member Goodgame commented on item 6, stating once the committee has chosen the top three (3) candidates
they would bring their selection before the City Council at a workshop.
Council Member Ash pulled item 2, Council Member Renick pulled item 4 from the Consent Agenda.
Council Member Good~ame moved adoption o~the consent agenda items 1,3.5,6; seconded by Council
Member Mullins. The motion passed with all members present votin,~a~e ".
Council Member Ash inquired about the surplus equipment mentioned in Item 2 as to whom it would be available
~o and the policies involved for anyone interested in making a purchase.
City Manager Saunders explained all the equipment is taken to a joint auction in which all cities participate in.
The auction is open to the public.
Council Member Ash questioned if the auction was advertised.
Mr. Saunders informed her it was and suggested we can also advertise the auction on our City website as well.
Council Member Renick asked City Engineer, Tamara Richardson, for a brief description on the Sunburst Lane
Water Treatment plant.
Ms. Richardson briefed Council on the water treatment plant and informed them the system is a better, safer and
calmer way to deliver water.
Council Member Ash commented on the difference in the amount budgeted vs. the amount quoted on the contract
for this project.
Ms. Richardson stated when the project was budgeted the treatment plant had not been designed yet, they based
their numbers on similar previous projects. The increase in the project cost is due to larger pumps as well as a
regulatory change in tank coatings. Also, the general construction cost has increased more than they were able to
predict.
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.Mayor Turville asked the location of the treatment plant.
Ms. Richardson stated it is located adjacent to and east of Hancock Park behind the existing well. The tank will
be buried as much as Department of Environmental Protection will allow with a landscape buffer around
perimeter. All pumps will be in a building which will reduce the sound from the neighbors.
Council Member Ash moved approval of consent agenda items 2 and 4; seconded by Council Member
Goodgame. The motion passed with all members present voting`aye ".
UNFINISHED BUSINESS
Ordinance 520-M Final Hearing
Mayor Turville read Ordinance 520-M aloud by title only.
An Ordinance of the City of Clermont, Florida, adopting the 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 Comprehensive Plan Amendment;
setting forth the purpose and intent of the Comprehensive Plan Amendment; providing for the adoption of
the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan
Amendment; providing a severability clause; and providing an effective date.
City Planner Hollerand advised Council the property is 26 acres located east of Hwy 27, South of Johns Lake Road and
orth of Kings Ridge. This amendment is a map only amendment. It currently still has the County Urban Expansion
and Use and needs to be assigned the UD-7 Residential City Land Use. The property was annexed into the City on
March 8 and rezoned R-1. The applicant has agreed to a developer's agreement that limits the number of single family
homes to 60. On May 23, the Florida Department of Community Affairs (DCA) issued a "No ORC" letter to the City,
stating it had not objections, recommendations or comments on the proposed amendment. Upon Council adoption, this
amendment will be batched with the Tuscany Village large scale amendment if adopted and sent to DCA, Lake County,
the East Central Florida Regional Planning Council, St. 3ohns Water Management District and the Florida Departments of
Transportation, Environmental Protection and State (historic preservation division). The staff recommends approval.
Steve Richey, representative of the applicant, concurred with the City Staffls report and requested approval of the
Comprehensive Plan Amendment.
Council Member Ash moved approval of Ordinance 520-M• seconded by Council Member Goodgame.
The motion passed 4 to 1 on a roll call vote with Council Member Renick voting "nav ".
Mayor Turville advised Council the next several items are associated with a single development and will be considered
collectively.
Ordinance Sll-M Final Hearing
Mayor Turville read Ordinance 511-M aloud by title only.
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REGULAR COUNCIL MEETING
July 12, 2005
• An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of
Clermont, Florida, pursuant to the local Government Comprehensive Planning Act, Chapter 163, Part II,
Florida Statutes by adopting a text change to allowable uses in undeveloped District 7 and a
corresponding future land use map change; setting forth the authority for adoption of the Comprehensive
Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments;
establishing the legal status of the Comprehensive Plan Amendments; and providing for severability,
conflict and an effective date.
Resolution No. 1442
Mayor Turville read Resolution No. 1442 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional i,Jse
Permit to allow for the construction of a Commercial Planned Unit Development (PUD) that will consist of
restaurants, retail sales, theater and professional offices.
Variance Request (S)Tuscany Village
City Planner Hollerand advised Council the property is 100 acres located on the east and west side of US 27 and the
proposed intersection of US 27 and the South Lake Connector Citrus Tower Blvd extension. Approximately 60 to 77
acres of the property are developable. The request is for a map change to the Future Land Use Map and a text change to
the Future Land Use Language to allow for commercial and professional project. Florida Department of Community
~ffairs (DCA) and Florida Department of Transportation issued an Objections, Recommendations and Comments report
which. noted two objections. The first objection was to add intensity language required by Statute to the Future Land Use
and the second resulted in a revised traffic study that is being handled by the applicant. Ms. Hollerand also brought to
Council's attention that DCA recommended making a correction to indicate the property is a 100 acre parcel with 60 acres
of developable property. The remaining acreage is wetlands due to Lake Felter.
Planning Director Hitt briefed Council on the Conditional Use Permit to allow a Commercial Planned Unit Development
with up to 459,000 square feet over four areas totaling 100.71 acres. Staff recommends approval for the Planned Unit
Development.
Mr. Hitt also informed Council of the five (5) variance requests to allow for:
(1) Grading in excess of 1 S feet, staff recommends approval for a maximum cut of up to 40 feet.
(2) Retaining walls in excess of six (6) feet in height; staff supports the variance.
(3) Landscape buffers with slopes; staff does not oppose this request as long as the walls help to minimize the
overall grading cut through out the project.
(4) The absence of landscape buffers for internal parcels; staff is not opposed to the request.
(5) A parking ratio of 4.5 parking spaces per 1000 square feet versus five (5) parking spaces per 1000 square felt;
staff recommends approval.
Cecelia Bonifay, from Akerman, Senterfitt, on behalf of Tuscany Village, Mr. Langley and Mr. Bosserman advised
Council they have spent a lot of time with staff trying to come up with a development plan that is economically feasible
and meets the city's maximum requirements. Ms Bonifay reiterated points in Ms. Hollerand's report pertaining to tlhe
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City of Clermont
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.Florida Department of Transportation and Florida Department of Community Affairs objections also pointing out only 60
to 77 acres of the 100 acre parcel was developable due to wetlands.
In accordance with the requested Conditional Use Permit approval, Ms. Bonifay distributed illustrations of the overall site
plan and proposed elevation and streetscapes of the project. An overview was given showing the various views and
layout of the retail, professional, restaurant and theatre locations surrounding the intersection of the South Lake
Connector. There will be no individual use over 100,000 square feet. She noted the project is more spread out than
originally anticipated due to an effort to minimize the impact of the topography of the area. Ms. Bonifay commented the
alignment and location of the road affected the cuts and configuration of the project.
Bob Pierro, Avid Engineering, discussed the variance request pertaining to the grading of the property. Exhibits were
distributed which illustrated the grading cuts stated in the variance request as well as architectural drawings showing
various views of the proposed retaining wall surrounding the property. The drawings of the retaining wall demonstrated
the tiered effect and varied heights at different locations around the project. Mr. Pierro also distributed cross-sections of
the proposed grading, retaining wall and landscaping and pointed out to Council the location of each cross section as it
relates to the property.
Mr. Pierro went on to advise Council of the second variance request pertaining to the landscape buffer along US 27. He
commented the standard buffer is for 20 feet of flat however their request is to slope 10 feet of the right of way buffer ~t a
4 to 1 slope while maintaining the other 10 feet flat. Mr. Pierro also briefed Council on the remaining three (3) variance
requests stating it would allow them to increase the retaining wall height from six (6) feet to 10 feet, eliminate some ofthe
required internal landscaping and allow less than the required parking per square feet.
~ecilia Bonifay commented on the large berm and enhanced landscaping along the property line that borders Spring
Valley. She stated they will either meet or exceed what is required by City code in regards to the landscape buffer.
Council Member Goodgame stated the possibility of them needing three (3) rows of shrubbery in order to fill in the open
wall space between rows of landscaping.
Ms. Bonifay stated they have discussed this with staff and will work with them on creating a sufficient visual buffer. She
informed Council a black lined report was presented to Planning and Zoning in regards to modifications of the
Conditional Use Permit.
City Manager Saunders read aloud the language modifications made to the Conditional Use Permit.
Council Member Goodgame questioned Section 4 item number 7 regarding whose responsibility it is to pay for the
installation of the street light.
City Manager Saunders stated it becomes the responsibility of the City after one (1) year. The code requires the developer
to pay the fee for the first year.
Council Member Goodgame suggested incorporating the language into the CUP regarding the developer also being
responsible for paying for the light as well as the installation.
Council Member Mullins questioned the language in Section 5 item 7. He suggested it stating "will transfer ownership"
versus "may transfer ownership".
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City Manager Saunders concurred with Mr. Mullins suggestion.
Cecilia Bonifay, stated their concern on the modification of the Section 1 item 8 and advised Council they would like a
final determination to allow them to proceed with the permitting process. She also stated their concern of installing
sidewalks as required in Section 4 item 2 along US 27 then having them torn out during the construction of the road
widening. They would be happy to make a payment to the City in a sidewalk fund to allow for construction of sidewalks
when the road project was completed. Ms. Bonifay made clarification of other modifications made to the Conditional Use
Permit. She stated a concern was in regards to Section 4 item 8 regarding the cost of the traffic light being the
responsibility of the developer noting the light is on a major State Highway and has already been declared warranted by
the Florida Department of Transportation.
City Manager Saunders suggested adding language "unless it is to be funded and installed by another entity".
Mayor Turville opened the floor to public comments and questions.
Jim Purvis, resident of Kings Ridge, complimented the project and stated he is in favor of it. He expressed two concerns,
Mr. Purvis suggested installing a fence for safety reasons between Spring Valley and Tuscany Village stating it wotMld
keep children from entering the property from the residential community. His other concern was the retaining walls being
built throughout Clermont and the temptation they provide to allow for graffiti. He suggested heavily landscaping tie
retaining wall.
Nancy Fullerton, resident of Clermont, opposed to the project and expressed her disapproval in the growth of the area.
~he would like to see more control over the look of the developments and asked if there was an open space requirement in
the City's Code of Ordinances.
City Manager Saunders informed Council there is two (2) ways it is addressed in commercial development. First of all,
there is a maximum coverage area on commercial and residential site stating there is a percentage of the site that must
remain green. The other requirement is the minimum width of the buffered areas along the rights of ways and the size of
the landscape islands.
Nancy Fullerton asked if the development met impervious surface standard. She commented she does not see a good
example of attractive green landscape areas within this development and requested the Council not allow for the decrease
of internal buffers. She also commented on the lights stating she is not aware of a street light pollution having been
addressed.
Mayor Turville replied a street light pollution has been addressed for the City of Clermont.
The meeting recessed at 9:00 p.m. and reconvened at 9:18 p.m.
Mayor Turville closed the public hearing.
Council Member Ash advised Council she previewed a design plan that did not look like what was presented at thie
meeting.
Mayor Turville questioned Cecilia Bonifay on the site plan and stated what appears on the site plan does not look like
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.what appears on the architectural drawings.
Ms. Bonifay informed Council the plans are architectural renderings and does not represent the exact Tuscany Village
plan.
Mayor Turville stated a condition required in the past is for the project to look like the drawings presented.
Cecilia Bonifay stated they were not willing to obligate themselves to the exact drawings presented. The plan will be
refined as they proceed through the site review process.
Mayor Turville commented on the structures appearing spread out on the site plan and the need for internal landscaping.
He stated it would be more appropriate to put more landscaping on the inside as possible.
Bob Pierro advised Council the intent of the project was to create a more unified flow and system. They would like to
work with staff to put landscaping where it should be for its purpose.
Council Member Renick asked if they would be willing to take the additional amount of landscaping that is normally
required and put it elsewhere within the project.
Mr. Pierro stated they would meet all landscaping codes required for parking lots.
Ms. Bonifay advised Council they could take the excess landscaping and put them possibly along the back line where t;he
~roperty abuts the residential neighborhood or around the buildings.
Council Member Renick questioned if the number and size of buildings that appear on the plan are only conceptual or will
there be more.
Cecilia Bonifay remarked the mix and sizes of the buildings may vary.
Council Member Mullins asked how the parking spaces are calculated.
Cecilia Bonifay stated parking space requirements vary according to the type of use for the building.
Council Member Goodgame questioned how many parking spaces they are under from the required City code.
Mr. Pierro informed Council they are not short of any spaces.
Council Member Mullins requested clarification of how the excess landscaping would be calculated, whether by square
foot or number of trees.
Cecilia Bonifay commented it has not been determined how it would be calculated at this time.
Council Member Ash concurred with Nancy Fullerton and expressed she would prefer to see the landscaping used moxe
creatively.
Mayor Turville concurred with Ms. Ash's statement in regards to the landscaping. He added his concern in regards to the
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.number of parking spaces and plan.
Council Member Mullins remarked if the site meets City code he approves of trading a few parking spaces for green
space.
Mayor Turville asked why the walkway was not better landscaped.
Council Member Ash emphasized the Councils concerns regarding the landscaping and the parking.
City Manager Saunders advised Council the illustration of the landscaping does not depict the actual plan intended. The
landscape intended extends all the way through the corridor off of US 27. He also added, staff recommended having the
minimum required number of parking spaces within each quadrant of the property and in regards to the landscaping it
would be easy to calculate the square footage of landscaping required and place a condition to have the excess square
footage put elsewhere on the property.
Mayor Turville asked if the parking site plan depicts the required number of parking spaces for a theatre and how wot~id
that affect a different type of use.
Bob Pierro commented it would be a different layout if the use was retail.
City Manager Saunders stated the required number of parking spaces for retail is less than required for a theatre.
Council Member Goodgame expressed his desire to see more landscaping along boundaries that abut Kings Ridge and
~overnors Ridge.
City Manager Saunders stated it is a requirement to have buffering along those property lines.
Mayor Turville expressed his concern regarding the sidewalk along US 27 not being in place until after the road was
widened remarking on the safety of kids walking along the highway from the theatre.
Council Member Goodgame suggested using colored blocks that do not change colors when wet instead of plain blocks.
Cecilia Bonifay stated they would not use plain blocks.
Mr. Goodgame concurred with Jim Purvis' suggestion on putting a fence along the boundary of Spring Valley.
Ms. Bonifay mentioned they have discussed different ideas with staff regarding this issue.
Mayor Turville also concurred with comments on the wall along Spring Valley as well as with Mr. Purvis' concern of the
potential risk of graffiti on the exposed wall surrounding the property.
Cecilia Bonifay pointed out the terracing of the proposed wall and the various landscaping they would use including
greenery that grows over the sides of the wall.
Council Member Ash asked how much of the wall would exceed six (6) feet in height.
City of Clermont
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~ob Pierro stated it would be in the areas approved by staff.
Ms. Ash asked if they could add "only when approved by staffl'.
Mr. Pierro stated they would be willing to accept that.
Mayor Turville questioned the number of walls internal to the project.
Bob Pierro pointed out on the site plan the intended location of the walls.
Mayor Turville inquired about the wall surrounding the retention pond.
Mr. Pierro stated they would address the safety concerns in detail as they go.
Council Member Renick asked how many more retaining walls they would need and what size if they did not get the
grading variance.
Bob Pierro addressed the question by stating, it would be difficult to answer at this time.
City Manager Saunders suggested displaying the cross section illustrations that depict the grading issues, stating the
reason for the requested grading cuts is caused by the elevation of the South Lake Connector project as proposed by Lake
County.
~r. Pierro pointed out the elevation of the proposed road in comparison to the requested grading cuts.
Council Member Mullins questioned how big the cut was and asked if the building will be nestled into the side of the hill
such as Wal-Mart and Target.
Bob Pierro explained the grading cut and replied the building would be nestled into the side of the hill.
Council Member Mullins questioned if the 10 foot retaining walls would be in the back of the store rather than by the
highway.
Mr. Pierro advised Council the presentation material only reflects six (6) foot walls; they have not drawn any 10 foot
walls at this time.
Council Member Ash requested to see the overall site plan again and inquired as to where the biggest grading cut would
be in relation to the building.
Mayor Turville questioned what the elevation change was from the back of the building that requires the large cut to the
walls by US 27.
Bob Pierro pointed out the illustration and explained the elevation to the Council.
Council Member Renick asked ifmulti-family can be built in C-1 zone.
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~ity Manager Saunders replied yes in a straight C-1 zoning, but the Planned Unit Development would eliminate that
possibility.
Council Member GoodQame moved acceptance of Ordinance Sll-M,' seconded by Council Member
Mullins. The motion passed on a roll call vote S to 0 with all members present voting "aye ".
Council Member GoodQame moved acceptance of Resolution 1442; seconded by Council Member
Mullins
Council Member Renick asked for clarification of the amendments.
City Manager Saunders reiterated the amendments made on the distributed hand out of the Conditional Use
Permit. He reminded them of their suggestions to add to Section 4 Item 8 "unless funded and installed by another
entity " to change in Section 5 Item 7 "The developer will transfer ownership rather than may transfer ", to add to
Section 4 Item 2 "staff may delay the requirements of the sidewalks along US 27 subject to the improvements of
US 27 ", to add to Section 6 Item 7 "the square footage of the separation buffers if eliminated by variance will be
provided in other internal areas of the site ", to add an Item 8 to Section 6 stating "masonry walls will be
provided adjacent to residential areas where retaining walls are not already required ".
Council Member Goodgame agreed to the changes.
Council Member Mullins concurred.
• Mavor Turville advised there was a motion and a second to approve the Conditional Llse Permit as
amended The motion passed with all members present voting "ave ".
Council Member Goodgame moved acceptance of Item Number 4 on the agenda
Council suggested voting on the variance one at a time.
Council Member GoodQame moved allowance oj'a variance or ,grading and cut up to 40 feet rather the
maximum 1 S oot cut and ill re aired b code ~ seconded b Council Member Mullins. The motion
passed 3-2 with Council Member Renick and Mavor Turville voting "nay ".
Council Member GoodQame moved item 2 of'the variances to allow hal~of the landscape buffer to be
sloped rather than the entire landscape buffer to be level as required by code; seconded by Council
Member Mullins The motion passed with all members present voting "ave ".
Council Member Mullins moved to g~-rant variance 3 as written
Mayor Turville asked if that provided the 10 foot is approved by staff.
Council Member Mullins concurred.
Council Member Goodgame seconded the motion
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~nder Discussion Mayor Turville requested Attorney Mantzaris recommendation.
Attorney Mantzaris suggested it would be best to grant it on the language they currently have since it is a matter
of record.
The motion passed 4-1 with Mavor Turville voting "nay ".
Council Member Mullins moved to approve variance 4 to allow for the absence of landscape bu er along
internal property lines • Seconded by Council Member Goodgame.
Council Member Ash questioned how they were covering the issue regarding the square footage of the
landscaping will be used internally.
Council Member Goodgame stated it was adopted as part of Resolution 1442.
The motion passed 4-1 with Mayor Turville voting "nab
Council Member Mullins motioned to approve reduced parking spaces based upon the scientific formula;
seconded by Council Member Goodgame The motion passed 3-2 with Council Member Renick and
Mayor Turville voting "nab
Council Member Ash questioned if it was added anywhere when determining the amount parking spaces the
actual would be determined.
City Manager Saunders stated it will be looked at upon site review for each quadrant.
Council Member Renick asked if they are granting a variance to do less parking than required by code and how
staff determines the number of parking spaces required.
City Manager Saunders remarked it is done upon site plan approval.
The motion passed 3-2 with Council Member Renick and Mavor Turville voting "nay ".
Ordinance 344-C
Mayor Turville read Ordinance 344-C aloud by title only.
An Ordinance of the City Council of the City of Clermont amending Chapter 26, "Elections", of the City
Code by amending Section 26-4, "Adoption of State Elections Code provisions and creating new Section
26-11, "Early Voting" providing for codification, severability, conflict, and effective date.
City Manager Saunders informed Council the cities have the option to opt out of early voting during City only electiorbs.
He advised Council of the breakdown of registered voters who voted on Election Day verses those that voted early in tl~e
2004 election. He emphasized if the same percentage of voters voted early this year as did in 2004 they could expert
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approximately 1500 people. He emphasized the cost of early voting costing around $11,000 per election and with so few
people voting the expenditure is not justifiable.
Mayor Turville reminded Council the explanation given at the last City Council meeting for the $11,000 was stated it was
based on 6 poll workers.
Mr. Saunders explained it was based on information given by the Supervisor of Elections, Emogene Stegall, as to khe
number of workers required to operate early voting for the prescribed time. He added she is required to have workeers
positioned at various locations throughout the voting area.
Council Member Mullins asked if it is possible to opt out of the State schedule and adopt our own early voting Ordinance.
City Manager Saunders replied it is his understanding you have to comply with the early voting as prescribed by the
Statute.
Council Member Renick questioned the number of voters who voted at the last City only election.
Mr. Saunders replied 4700 people turned out at the last City only election.
Mayor Turville expressed his concern about measuring early voting by dollars. He commented on the number of people
who have taken advantage of early voting.
Council Member Goodgame suggested setting up a table in City Hall approximately 10 days prior to the election to hand
~ut absentee ballots.
Council Member Mullins concurred with Mayor Turville but questioned if there was a less expensive way.
Council Member Renick agreed with Mr. Goodgame's suggestion, stating her concern on the expense of early voting.
Mayor Turville expressed his approval of the State's idea to make voting more convenient by providing early voting.
Council Member Ash concurred with Mayor Turville suggesting the City have a trial period before making a decision to
opt out of early voting.
Council Member Goodgame moved acceptance of Ordinance 344-C;
Council Member Mullins clarified if that meant the City would opt out.
Council Member Goodgame replied it would mean we would opt out.
Council Member Renick asked if other cities were opting out.
Attorney Mantzaris replied there are other cities opting out.
Council Member Mullins questioned how often this would occur.
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~ity Manager Saunders replied it is only during City only elections.
Council Member Mullins seconded the motion. The motion passed 3 to 2 with Council Member Ash and Ma;~or
Turville voting "nav ".
Council Member Mullins asked to recall the question stating he misunderstood and thought they were voting to have early
voting.
Mayor Turville requested guidance from Attorney Mantzaris' regarding a revote.
Attorney Mantzaris advised a revote can be taken under a misunderstanding.
Mayor Turville reiterated the motion was to adopt as written Ordinance 344-C to eliminate earlx votin in the
City of Clermont.
Council Member Good~ame confirmed that was the motion he made.
Council Member Mullins opposed to seconding the motion amain.
Attorney Mantzaris suggested going back to the original motion and second and taking a revote on the vote.
The motion was denied 3-2 with Council Member Ash, Council Member Mullins and Mavor Turville voting
,~
"nav
~outh Lake Growth Summit
Mayor Turville commented on the letter he was presented to sign, inviting members from surrounding cities to participate
in the first South Lake Growth Summit meeting. He stated he was very encouraged by the efforts of the meeting a~-d
briefed Council on the amendments he made to the letter.
The letter and meeting efforts were discussed collaboratively amongst the Council Members.
Council Member Renick asked Council if there are any objections to Mayor Turville's amended letter.
Council Member Mullins suggested adding "business" to letter.
Council Member Goodgame motioned to approve the letter with the suggestion of adding "employer ", and or the
Mayor to sign it.
Council Member Good ame added to the motion to appoint Council Member Renick as City of Clermont's
representative
Council Member Mullins expressed his appreciation towards Council Member Renick's efforts but stated he felt Mayor '.
Turville should represent the City of Clermont.
Mayor Turville suggested all 5 Council Members participate and appointe a representative at a later date.
14
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 12, 2005
•
Council Member Renick questioned the motion regarding the signatures on the letter.
Council Member Mullins seconded the motion.
Mayor Turville suggested Council make a less complicated motion.
Council Member Mullins moved for the Mayor to sign the letter with the amendments suggested; Council Member
Ash seconded the motion.
Council Member Renick asked if Randy Moye's signature will be on letter.
Mayor Turville stated no and explained the idea was to create a letter to sign off on and send back to Minneola.
City Manager Saunders inquired about which word they would like added to letter: employers or businesses.
Council Member Mullins remarked "employers".
The motion passed with all members present voting "aye ".
Mayor Turville asked if there was any further discussion.
Council Member Mullins inquired if Council wanted to appoint Council Member Renick.
~Iayor Turville suggested reserving the right to appoint a representative.
NEW BUSINESS
Utility Agreement - Foxchase
Assistant City Manager Darren Gray advised Council of the request from Colony Communities Inc for sewer services
outside the corporate city limits. The property is located within the City of Clermont's wastewater service area, but not
within the water service area. The project is located south of Lake Louisa Rd west of Hwy 27 and lies along the corridor
of the future South Lake Connector. The PUD allows for 162 single-family units and minimum lot size of 6,600 square
feet. Staff recommends approval since property is adjacent to the City and suggested it should be annexed in and
developed under City standards.
Steve Richey, representative of the applicant for Colony Communities, Inc, briefed Council on the history of the property.
He informed Council they were not opposed to annexing into the City once property was developed. Mr. Richey stated
the property owner was approached by the County regarding the South Lake Connector. In December 16, 2002 they
entered into a developer's agreement with the County in which they would give the County right of way and stormwat~r
retention on their site. By not annexing into the City at this time it would allow them to keep the configuration of 162 lotrs
they have been approved for in the PUD. If they were to build to city standards, they would lose over 20 lots which is the
size of the stormwater retention. Mr. Richey requested approval from Council to allow for city sewer.
Council Member Goodgame asked if school impact fees have already been paid on this project.
•
15
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 12, 2005
•
Mr. Richey replied they will be paying those fees as they go.
Tammy Phelps inquired on which schools would be impacted by the development.
Mr. Richey replied all of them would be.
Mayor Turville questioned if Mr. Richey would be willing to contribute all fees associated with project.
Mr. Richey stated they would be willing to pay fees until property is annexed into the City.
Council Member Renick questioned if the approval from Lake County was contingent upon getting sewer from the City.
Steve Richey replied that it was not.
Council Member Renick asked what they would do if the City did not approve the sewer agreement.
Mr. Richey stated they would look for other alternatives.
Council Member Mullins inquired about the setbacks and impervious surface.
City Manager Saunders informed Council the front and rear setbacks are consistent with the cities, however their side
setbacks are 5 feet versus the cities required setback of 7.5 feet.
~Iayor Turville asked Mr. Richey if they would be willing to return to Council in two (2) weeks after a Developer's
Agreement was drawn up.
Steve Richey and his applicant both concurred they were acceptable with this.
Council Member Ash moved to table Util~ Agreement to July 26: seconded by Council Member
Goodgame. The motion passed with all members present votin~"aye ".
SJRWMD -Consent Order
City Manager Saunders reminded Council of the Corrective Action issues with St. Johns Water Management brought
before Council in Apri12005. He provided Council with a letter to SJRWMD offering to contribute $5000 rather than the
requested $10,000. Mr. Saunders informed Council the staff of SJRWMD reviewed the letter and stated they could not
accept this and were not willing to make any amendments.
Council Member Mullins inquired if it would be beneficial to go before the Board.
City Manager Saunders remarked it would probably not be favorable to do so. He recommended they spread the $10,00!0
payment over a 2 year period making the payment $5000 a year.
Mayor Turville expressed that Mr. Saunders should have a meeting with SJRWMD and relay the information given by thle
City Council.
• 16
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 12, 2005
•Ci Mana er Saunders concurred with Ma or Turville's su estion to meet with the Board to discuss this issue.
h' g Y gg
Mayor Turville informed Mr. Saunders he would accompany him to the Board meeting with SJRWMD.
Mayor Turville opened the floor to public comments and questions.
Jim Purvis, Clermont resident, concurred with Mayor Turville and suggested presenting them with a $5000 check at the
Board meeting.
City Council agreed to have Mr. Saunders meet with the SIRWMD Board as previously discussed.
Council Member Ash so moved; seconded by Council Member Goodgame. The motion passed with all
members present voting "aye ".
Ordinance 345-C Introduction
Mayor Turville read Ordinance 345-C aloud by title only.
An Ordinance of the City Council of the City of Clermont, Florida, relating to the residences of sexual
offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section
847.0145, Florida Statutes, regardless of whether adjudication has been withheld, when the victim of the
offense for which the conviction resulted was less than sixteen (16) years of age at the time the offense
was committed) within the city limits of the City of Clermont; providing for legislative findings and
• intent; providing for a prohibition against certain sexual offenders from living within the City of Clermont
when their residence lies within 2,500 feet of specified locations (schools, day care centers, public parks,
playgrounds, libraries and churches or other places used for religious assembly); providing for
applicability and effect upon current residents; providing for severability; providing for conflicts;
providing for penalties; providing for codifications; and providing for an effective date.
Council Member Mullins inquired about adding the word "libraries" to the Ordinance.
Council Member Goodgame commented on places children congregate.
Attorney Mantzaris stated now was a good time to make changes and proposed there will be several other changes made
to the Ordinance by various Cities in the future.
Council Member Goodgame informed Council he sent the proposed Ordinance to the County Attorney and had a meeting
with the Sheriffs Department in an effort to have consistency between the City and County's Sexual Offenders Ordinance.
Council Member Ash moved introduction of Ordinance 345-C: seconded by Council Member Goodgame.
The motion passed with all members present voting "aye ".
Ordinance 521-Mintroduction
Mayor Turville read Ordinance 521-M aloud by title only.
• 17
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
July 12, 2005
•
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,
providing for an effective date and providing for publication.
Council Member Mullins moved introduction of Ordinance 521-M• seconded by Council Member
GoodQame The motion passed with all members present voting "ape ".
ADJOURN: With no further comments the meeting was adjourned at 11:53 p.m.
ATTj~ST:
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racy Ackroyd, City Jerk
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APPROVED:
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Mayor Harold Turville
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