05-09-2006 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 9, 2006
The Clermont City Council met in a regular meeting on Tuesday, May 9, 2006 in the Council Chambers at City
Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: C~
Members Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, As:
City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd.
INVOCATION
Council Member Mullins gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
Matthew Modica, 1320 6th Street, commented on the maintenance of Bishop Field.
City Manager Saunders stated he appreciated the donation of the Sycamore trees however there was not any coordina ion
with staff on the placement of the trees which were located in an inappropriate location. The trees were relocate to
another area in the park. He further noted another type of tree would fit better in that location.
Jim Purvis, 4206 Hammersmith Drive, complimented the Council and staff for their attendance at the Summit Gre
hearing on the Karlton project. He further invited Council to attend the Karlton meeting at Kings Ridge on May 11.
further noted that a representative from the School Board was not present at the Summit Greens hearing.
Alfred Manella, 1050 Masa Verde, thanked Council for allowing police officers to assist with security.
.MINUTES
Approval of the minutes of the City Council meeting held March 28, 2006 and April 11, 2006.
Council Member Goodgame moved to approve the minutes as written • seconded by Council Member
Mullins. The motion passed with all members present votin~aye"
REPORTS
City Manager Saunders reported on the Council appointments for the MPO Bicycle Committee. Of the two appoir
one is asking to be designated as a primary and the other as an alternate. The two appointed were Kathy Kyle and
Irwin.
Council Member Goodgame moved to nominate Kathy Kyle to be the rimary and Bill Irwin to be the
alternate; seconded by Council Member Mullins. The motion passed with all members present voting
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City Manager Saunders advised Council that the Board of County Commission is trying to schedule a joint meetin in
July. He also reported that a meeting will be scheduled to review the library proposal. City of Clermont staff will eet
with Lake County staff next week to answer questions.
City Attorney Mantzaris - No Report
Council Member Hogan noted that he visited the Waste Water Treatment Facility on Hancock Road.
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City of Clermont
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REGULAR COUNCIL MEETING
May 9, 2006
Council Member Goodgame reported on the Department of Economic Growth and Tourism stating the resort tax has
increased 10.3%. He further commented the signalization plan was received from the County Highway Departmen for
the intersection of Hwy. 50 and Hancock. The plan will be submitted to the state this week to have right turn lanes pl ced
on north and south bound lanes of Hancock Road.
Council Member Mullins reminded everyone that Saturday, May 13 is the Clermont Saturday Celebration from 10:
to 4:OOpm in downtown which was changed from First Friday.
Council Member Renick remarked that the Lake County Zoning Board unanimously voted to deny the church reques~ on
C. W. Harrell Road.
CONSENT AGENDA
Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested
wishing to have any item pulled for discussion to please come forward at this time.
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Item No. 1 -Budget Amendment
Item No. 2 -Purchase Approval
Item No. 3-Bid Award
Item No. 4 -Plat Approval
Staff pulled consent agenda items 1 and 4.
Request approval of an amendment to the Fire Depa
Budget for additional Personnel for $128,550 plus an add
$19,800 for bunker gear and miscellaneous equipment.
Request permission to piggyback Volusia County School B and
contract with Evans Environmental & Geosciences, LLC for the
purpose of air quality testing and mold inspection of ire
Stations 1 and 2 in the amount of $2,445.60.
Request to award bid to Approved Paving Inc for the 2006
Resurfacing Project for $96,007.
Hillside Villas Phase II
City Manager Saunders asked to remove item 4 from the consent agenda. On item 1, Chief Bishop failed to add the
of Bunker Gear for the additional personnel and asked to amend the request by adding $19,800 for bunker gear
miscellaneous equipment.
Council Member Mullins moved to adopt items 1. 2 and 3 as amended.• seconded by Council Member
Goodgame. The motion passed with all members present voting "aye ".
Mayor Turville reviewed the items requested to be tabled from the agenda.
Resolution No. 1475- Woodwinds Development
Variance Request -Woodwinds Development
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Council Member Mullins moved to table item 2 (Resolution 1475 and 3 (Variance Reguest) to June 13:
seconded by Council Member Goodgame. The motion passed with all members present voting "aye ".
City of Clermont
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REGULAR COUNCIL MEETING
.May 9, 2006
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UNFINISHED BUSINESS
Resolution No. 1472 - Malik/Clermont Hillside Terrace
Mayor Turville read Resolution 1472 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional
Use Permit to amend Resolution No. 1308 to allow for residential, professional office, personal service,
lounge, medical office, financial institution and restaurant uses.
Jim Hitt, Planning Director, advised this was presented at a previous Council meeting. The request is to am
Resolution 1308. The definition for the lounge, on page 2 of the Resolution, shall be defined as an "ultra lounge".
reviewed the conditions and proposed language amendment. Staff recommended approval of the Conditional Use Perr
Steve Richey was present on behalf of the applicant. He agreed to the proposed terms and conditions.
Mayor Turville opened the public hearing.
Bill Banzhaf, 931 W. Montrose Street, spoke in favor of the request.
Mayor Turville closed the public hearing.
.Council Member Mullins requested adding the word "city" under section 3 before the word "staff' where it states
event staff..." on page 3.
Council Member Goodgame moved acceptance of Resolution 1472 as amended. seconded by Council
Member Mullins. The motion passed with all Members,present voting "aye "
City Manager Saunders remarked the next two (2) items are related.
Inland Groves/Pool Property Purchase Agreement Amendment
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the
Mr. Saunders advised there is language in the comprehensive plan to assist the city in the grant process. The city ill
acquire additional points if this property is annexed into the City of Clermont before the May IO deadline. There as
concern, from the stockholders in the Inland Grove Corporation, regarding the possibility of the city not closing on the
property. Their intent would be to sell to someone else. The concern is with people who might be intereste in
purchasing the property regarding the density that the city would allow if inside the city limits as opposed to the
residential density they could obtain from Lake County or the City of Groveland. It is contiguous with the Ci of
Groveland on the southwest. The amendment to the agreement will allow a future City Council to decide whether to eep
the property in the city, in the event we do not buy it, and a future Council would decide to keep it in the city w ich
allows 2.5 units to the acre for development or to de-annex the property and allow the future owners to go to Lake Co my
or Groveland for future development.
Mayor Turville requested the status of the appraisal information.
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City of Clermont
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May 9, 2006
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City Manager Saunders stated he did not accept the first draft of the appraisal. The appraisal came in at $13,200,000 and
the purchase price is $16,500,000. Staff met with the appraiser who is on the approved list from DCA for grants. taff
questioned comparable sales and asked the appraiser to research additional recent sales in the Lake County area sit
pertains to the Clermont chain of lakes. The appraiser did go back to do additional research and submitted a rev sed
appraisal. The figure was approximately $16,378,000 which is close to the contract. DCA may require another appr isal
before receiving the grant funds.
Council Member Goodgame questioned the density allowed at 2.5 units per acre and the de-annexation clause.
City Manager Saunders responded that a future Council would have to make the decision to de-annex. If the city does not
buy it, they will sell to someone one. The future buyer may not be happy with that density. Furthermore, the Pool fa ily
has been very cooperative and has worked closely with the City of Clermont.
Council Member Goodgame complimented Mr. Saunders for his hard work on this project
Council Member Mullins moved to approve the amendment. seconded by Council Member Good ame
The motion passed with all members present voting "aye "
Ordinance No. 552-M-Final Hearing
Mayor Turville read Ordinance 552-M aloud by title only.
• An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for
the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an
effective date; providing for severability; and providing for publication.
City Manager Saunders stated this is an ordinance that annexes 200 acres of which the city has under contract to
for a future park. He recommended approval of annexing the property.
Mayor Turville opened the floor for public comment.
Bill Delaney, 10312 Lake Minneola Shores, said it is a great idea.
Council Member Mullins moved acceptance of Ordinance S52-M• seconded by Council Member
Goodgame. The motion passed S to 0 on a roll call vote with all members present voting ` ^aye „
NEW BUSINESS
Wally Herda
Mr. Herda addressed the Council by requesting a resolution or an amendment to section 23-9 as it relates to
vehicles away from a tow away zone. He also requested an increase in the ticket fee from $10 to $25.
City Attorney Mantzaris advised there are differences between parking vehicles on public and private property. The ity
has the ability to limit and restrict how parking is done on public right of way for public health, safety and welfare. he
.requirements for private property are stricter. There are state statutes that limit a city from having a vehicle towe on
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City of Clermont
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REGULAR COUNCIL MEETING
May 9, 2006
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public property.
Mr. Herda advised there have not been any problems with illegally parked cars in the last 2 to 3 weeks.
Mr. Herda also commented on cell towers and requested a moratorium on cell towers in the City of Clermont.
Ciry Manager Saunders stated the city has cell antennas on all water tanks and allowed the flag pole next to the se
treatment plant. There is a strict tower ordinance requiring a significant distance between towers. The tower behind
Herda's house was installed by Florida Power.
Mr. Herda requested the amount of funds the city collects on cell towers.
Mayor Turville noted the cell tower behind his house is a power substation.
Mr. Herda also requested a noise ordinance.
Mr. Herda thanked Council for hearing him.
Variance Request -Hancock Town Center
Curt Henschel, Planner, reported on a variance request for grading in excess of 15 feet. The applicant is Wood:
Wallace Land Development LLC. It is located at the northwest corner of Hancock Road and Hooks Street. The prop
• is known as Hancock Towne Center, which totals 12.90 acres. The proposed use of the property is a commercial vill
consisting of retail sales, professional offices and a restaurant. The applicant is requesting a grading cut of up to 22
for a small portion of the project which is approximately 10% of the overall sight. The total area exceeding the 15
cut covers approximately 566,400 square feet, and the area for the 22 foot cut covers about 870 square feet of that.
applicant feels this cut is necessary because of the established road way grades of Hooks Street and Hancock Road and
existing commercial development to the north. The site has already been graded to the extent of its limits witl
exceeding any code regulations. Because of the existing grade of Hancock Road and the existing development to
north, staff feels this is a minimal area to cut to create a workable and blended development. Staff recommended appr~
of the variance request.
Rick McCoy, McCoy and Associates, was present and concurred with staffs recommendation.
Bill Banzhaf spoke in favor of the request.
Mayor Turville questioned the language as it states where the site has already been graded to the extent of the code.
City Manager Saunders explained it is an additional 7 feet from the 15 feet code allows for a total grading of 22 feet.
also commented they have an approved commercial subdivision.
Mr. Henschel advised they had a different site plan when previously before Council.
Council Member Mullins remarked the previous request was denied.
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• Mr. Saunders stated they did all of the grading that could be done under the city code for the commercial subdivision and
City of Clermont
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REGULAR COUNCIL MEETING
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the request is for an additional ?feet.
Council Member Goodgame commented the one part is not level and does look strange and leveling it off will fit
what is there now.
Council Member Mullins stated they created the 7 foot hill after grading the 15 foot.
Council Member Goodgame moved to accept the variance for Hancock Town Center seconded by
Council Member Ho an.
Under discussion, Council Member Mullins expressed concern with the way this request is being presented.
David Wallace commented the hardship was not created. He explained they added fill to the west.
Mayor Turville questioned the elevation of the site before the land was disturbed.
Rick McCoy stated it was 232 and has currently taken it to 217 and wants to take it to 210. He further noted the 15
grading was not on the entire site.
The motion_passed 3 to 2 with Council Member Renick and Mayor Turville opnosinQ.
Mayor Turville called for a break at 9:Olpm; the meeting reconvened at 9:10 pm.
~ariance Request -Salvatore 's Restaurant
Jim Hitt, Planning Director, briefed Council on the request to allow for off site parking spaces and to allow more the
continuous parking spaces without a landscape break with a minimum 300 square foot landscape area. Staff did not
any objections with the provisions for parking being provided for the southern building upon property sale. Staff fe
landscape island should be added and recommended denial of the request for more than 10 continuous spaces with
landscape break.
into
of
10
the
Anthony Tirri, owner, addressed the variance requests. He explained that he is limited by a dumpster pad an an
irrigation well located east of the proposed parking spaces. To address concerns of the landscape buffer, he would dd
landscaping to the eastern corner.
Jim Purvis requested the Council consider approval of both of the variances.
Council Member Goodgame moved acc~tance as amended by the owner to put a landscape buffer on the
east side o the parking• seconded bX Council Member Mullins The motion passed with all members
present voting "ave ".
Utility Agreement -Jack Dulgar
Darren Gray, Assistant City Manager, reported on a request for water and sewer outside of the city limits for an
auction business. If the utility request is approved, the agreement would be conditioned upon annexation. The pr
will therefore be subject pursuant to the utilities service agreement.
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City of Clermont
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REGULAR COUNCIL MEETING
May 9, 2006
The applicant was unable to attend.
Council Member Goodgame moved acceptance of the utilitv_greement for Jack Dul~ar• seconded bX
Council Member Mullins.
Council Member Mullins commented the property is for sale and questioned the impact if it is not an auto auction.
City Manager Saunders replied they would have to pay more impact fees, if requesting additional utilities.
City Attorney Mantzaris responded the agreement would have to be amended.
City Manager Saunders noted any change in use would have to meet all JPA standards.
The motion passed with all members present voting "ave "
City Manager Saunders noted the next two (2) items are related.
Bid Rejection
City Manager Saunders advised this is the sewer project for the South Lake Connector. It was placed out to bid. Staff ad
discussions with Lennar Homes, who will need sewer from this line and with Lennar constructing the one required lift
• station to serve their development and undertaking the construction of the sewer main along that road. The engin ers
believed it would be a better project. They could enter into an agreement with whomever chosen. Staff recommen ed
rejecting all bids received first and then enter into an agreement with Lennar Homes for them to construct the require lift
station and the force main. The city would reimburse them on a draw schedule during construction. The cost in the
agreement would be the same amount as the lowest bid received. There are usually change orders as the project
progresses. There will be one change order up front due to a change in plans made by the city. Staff is recommen ing
rejecting all bids and entering into the agreement with Lennar Homes for the construction of this lift station and f rce
main.
Mario, Lennar Representative, was present and available for questions.
Council Member Mullins moved to reject all bids: seconded by Council Member Goodgame The motion
passed with all members present votin~aye ".
Agreement for Construction of Lift Station and Force Mains
Council Member Mullins moved to enter into an agreement with Lennar • seconded by Council Member
Goodgame. The motion passed with all members present voting "aye "
Ordinance No. 549 M-Introduction
Mayor Turville read Ordinance 549-M by title only.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 9, 2006
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An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and
permanently abandoning that portion of Juniata Street lying east of 8`'' Street and west of 7`h Street,
located in section 24, township 22 south, range 25 east, according to the plat of Clermont, recorded in plat
book 8, page 17, public records of Lake County, Florida; repealing all ordinances in conflict herewith,
providing for severability, providing for publication and providing for an effective date.
Council Member Renick moved to introduce Ordinance 549-M• seconded by Council Member Mullins
The motion passed with all members present voting "aye ".
Ordinance No. SSO-M-Introduction
Mayor Turvil(e read Ordinance 550-M by title only.
An Ordinance of the City of Clermont, Florida, adopting the Small Scale -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 Small
Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale
Comprehensive Plan Amendment; providing for the adoption 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.
Council Member Mullins moved to introduce Ordinance 549-M.• seconded by Council Member
. Goodgame. The motion passed with all members present voting "aye ".
Ordinance No. SSI M-Introduction
Mayor Turville read Ordinance 551-M by title only.
An Ordinance of the City of Clermont, Florida, adopting the Small Scale 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 Small
Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale
Comprehensive Plan Amendment; providing for the adoption 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.
Council Member Mullins moved to introduce Ordinance 549-M,• seconded by Council Member
Goodgame. The motion passed with all members present voting "aye ".
Council Appointment
The resignation of Roger Pierce left a vacancy on the Planning and Zoning Commission. James Simon and Salva
DeSalvo previously requested appointment. Mr. Saunders stated it was advertised 6 weeks ago for the last vaca
These are the two who were not appointed and thought since this vacancy was so close to the last advertisement that it
the advertising requirements.
City of Clermont
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REGULAR COUNCIL MEETING
May 9, 2006
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Council Member GoodQame moved to advertise for the vacant position on the Planning & Zoning
Commission and brin back after properly advertisin~• seconded by Council Member Renick
Mayor Turville asked Mr. Saunders to contact the two (2) individuals requesting appointments.
Council Member Mullins noted the Council already has two (2) good applicants for the board and preferred to
someone at this Council meeting instead of waiting.
Council Member Hogan stated that Mr. DeSalvo has been previously disappointed.
The motion passed 3 to 2 with Council Member Hogan and Mullins opposing:
ADJOURN; With no further comments the meeting was adjourned at 9:35pm.
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- ~y~y tia ~aYt~~,.f
. ~, f :, ~, APPROVED: r--
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f` Mayor Harold Turville
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. oATTEST: ~,
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Tracy Ackroyd, City Clerk