10-10-2006 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
• The Clermont City Council met in a regular meeting on Tuesday, October 10, 2006 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, Hogan and Renick. Other City
officials present were: City Manager Saunders, Assistant 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
Wally Herda made a complaint regarding the noise on Highway 27 from the Florida Department of
Transportation (FDOT) during the early morning hours. He noted that he spoke to a representative of the
FDOT and City Attorney Mantzaris about the issue.
City Attorney Mantzaris advised there is a Florida Statute that preempts city ordinances as it relates to the
state highway system. He further noted that he provided Mr. Herda with a copy of the statute. A
representative from FDOT offered to meet with Council to discuss the project.
Mr. Herda submitted a copy of an FDOT newsletter to the Council.
Ronald Ruff, 2928 Majestic Isle Drive, expressed disappointment with the Council not reducing the tax
millage rate. He reported a City vehicle speeding through Regency Hills. Mr. Ruff also questioned the
• number of employees it takes to install blue markers in front of the fire hydrants.
City Manager Saunders stated we are the third lowest on taxes out of 14 cities in Lake County and
requested he give his contact information to Assistant City Manager Gray.
Council Member Goodgame commented that the City's millage rate is a small part of the overall tax bill.
Jeremy Kevitt, President of the Clermont Police Officers Union, appeared before the City Council.
City Attorney Mantzaris remarked this is not the appropriate forum for them to present at this time.
Mayor Turville commented if this goes to arbitration, we would be at fault.
Mr. Kevitt requested to be placed on a City Council meeting agenda.
Mayor Turville suggested returning to the group with concerns that entertaining issues at this forum
would encroach on their rights of the union format.
Mr. Kevitt stated he does not want to hinder progress.
Mayor Turville asked him to direct concerns and thoughts through the channels provided in the contract.
City Attorney Mantzaris advised of the negotiation channels. Both sides have team representatives and
until negotiation teams have reached an impasse; the Council should not participate. It could taint the
• process if Council hears their remarks at this time and could draw on unfair labor practice.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
• Mayor Turville asked Mr. Kevitt to proceed through the proper channels.
Kelly Stacey Haynes, voiced concern as a citizen and mother regarding lack of staffing and requested
bringing staff levels up to protect citizens. She acknowledged to not being privy to negotiations.
Mayor Turville noted that additional personnel were approved as of October 1S` in the new fiscal year
budget and a request is on the consent agenda to consider approval of additional police vehicles.
MINUTES
Minutes of the Council Meeting held on September 26, 2006
Council Member Goodgame moved to approve the September 26 minutes as written
seconded by Council Member Mullins. The motion passed with all members t~resent
voting "aye ".
REPORTS
City Manager Saunders - No Report
City Attorney Mantzaris commented on an issue with a Greater Homes development located outside of
the city limits with advertising they are within the city limits. He sent a letter requesting they revise their
brochures and was told they would cooperate. They are continuing to use a reference as a community in
the friendly City of Clermont. Mr. Mantzaris has spoken to their attorney and asked for Councils
. suggestion to proceed.
Council Member Goodgame noted the language is not in their brochures. Their sales representatives are
telling people it will include city services. He also said the information on their website has not changed.
Mayor Turville requested City Manager Saunders contact their representatives to advise that City Council
will consider moving forward with any action.
Council Member Hogan - No Report
Council Member Goodgame reported on the City of Leesburg not approving the school concurrency
agreement. He remarked on the property FDOT purchased on Highway 27. They built a parking lot but
not to city standards. There are no flower plantings as city requires and the parking spaces appear to be
smaller.
City Manager Saunders replied he contacted FDOT about that project. They will modify the parking lot
to put in the landscaping. He requested Planning Director Hitt to confirm the parking spaces. This
location will also be served as a Park and Ride.
Council Member Mullins questioned whether they are subject to the landscaping ordinance.
City Manager Saunders advised that FDOT claimed an exemption from the Statutes.
Council Member Mullins - No Report
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
• Council Member Renick reported on an email correspondence from Mr. Thompson regarding
organization budget requests. She commented that Council has been uncomfortable choosing
organizations in the past.
Mayor - 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 -Agreement Approval
Approval of a Sublease Agreement with Lake-
Sumter EMS for co-location at temporary Fire
Station 3
Item No. 2 -Plat Approval -Bella Lago
Itern No. 3 -Bid Award/Budget Amendment
Item No. 4 -Purchase Approval
Request plat approval of a residential
subdivision located on the east side of Hwy 27,
North of Kings Ridge, south of Johns Lake Road
Request to amend the Fire Department Budget
and approve purchase of a radio repeater
Request approval for purchase of Police
Vehicles in the 2006-2007 Police Dept budget
• Council Member Mullins moved approval of the consent agenda; seconded b~ Council
Member Goodgame. The motion gassed with all members present voting "aYe ".
UNFINISHED BUSINESS
Variance Request -Clermont GC, LLC
Curt Henschel, Planner, reported on the variance request for a Golden Corral restaurant at the corner of
Highway 50 and Grand Highway. In order to move forward with the development, the City is requesting
a property exchange where the owner will gain a 15 foot strip of property adjacent to Highway 50, and the
City will gain a 25 foot strip of land adjacent to Grand Highway. With this exchange, the City will gain
.2 acres for right of way construction and the property owner will gain .11 acres for development. The
property owner will have a net loss of. 09 acres. With the property now 25 feet narrower than before, the
developer is now faced with a problem of not having enough buffer widths on the east and west sides of
the property. On the east side, the applicant is requesting a 5 foot landscape variance request. The
proposal will leave a 5 foot landscape buffer adjacent to the EZ Lube property. On the west side, the
applicant is proposing a 15 foot wide landscape buffer rather than a 20 foot buffer as required by code.
City code requires landscape buffer adjacent to collector roadways to be a minimum of 20 feet in width.
The applicant will have a net loss in property after the exchange, and staff feels the intersection of Grand
Highway and Highway 50 will be greatly improved over the existing conditions. With the redevelopment
of the intersection being the developer's responsibility, staff is not opposed to the landscape buffer
reductions and recommends approval of the variance request.
Chris Roper, Akerman Senterfitt, was present on behalf of Golden Corral. Doug Dannen, applicant, and
• Arthur Nix, Engineer, was also present.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
• Arthur Nix, Engineer, showed illustrations of the surrounding property.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Mayor Turville noted the variance request would improve the intersection between the Race Trac gas
station and this facility.
Council Member Mullins moved to grant the variance • seconded by Council Member
Goodgame.
Council Member Goodgame requested an additional 2 feet for the parking spaces to improve the
appearance.
City Manager Saunders remarked it would require another variance.
Council Member Goodgame called for the question.
The motion passed with all members present voting "ave ".
Mayor Turville noted the next two items would be heard collectively.
Resolution 1492 -Hancock Commons
• Mayor Turville read Resolution 1492 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 the construction of a commercial development to
include restaurants and retail stores.
Variance Request -Hancock Commons
Curt Henschel, Planner, reported on the conditional use permit (CUP) and the variance request. The
conditional use permit request is to allow for a commercial village of up to 39,000 square feet, and with 4
out-parcels along Highway 50. The proposed development will consist of restaurants, national retailers
and boutique retailers. The 13 acre property is located south of Highway 50 and east of Hancock Road.
This CUP was granted approval in August 2005 but condition 7 under section 1 stated that construction
must begin within one year. At this time, construction plans have been approved, but actual construction
has not begun rendering the CUP void. This condition has now been extended to the typical Z year time
limit. The two (2) variances were also granted along with the CUP in August 2005. The same variances
are requested without any changes. The variances are to allow for a grading cut and fill up to 24 feet
rather than the maximum 15 foot cut and fill and to allow half of the landscape buffer to be sloped rather
than the entire landscape buffer being level. Staff recommended approval of the CUP and supported the
variance requests.
Chris Roper, Attorney with Akeman Senterfitt, was present on behalf of Trycon.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
• hearing.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
Council Member Goodgame moved acceptance o,~Resolution 1492• seconded by Council
Member Mullins. The motion amassed 4 to 1 with Mayor Turville opposing.
Council Member Goo~ame moved acceptance of the variances; seconded by Council
Member Mullins. The motion passed 4 to 1 with Mayor Turville opposing.
Utility Agreement -Real Life Christian Church
Mayor Turville stated the Utility Agreement for Real Life Christian Church has been requested to be
postponed to October 24.
Council Member Goodgame moved to table the Utility Agreement to October 24;
seconded b~ Council Member Mullins. The motion passed with all members present
voting "aye ".
NEW BUSINESS
Citrus Tower Event
Greg Homan spoke to Council regarding the Citrus Tower SO~h anniversary celebration to be held on
December 2 which will coincide with the Light Up Clermont events. The celebration includes concerts,
fireworks and special guests. It will be anon-alcoholic event. He has met with the City of Clermont
• Police and Fire Departments and the Lake County Sheriffs Office regarding parking issues. The
consensus of the meeting is the City will handle traffic for Light Up Clermont and the Sheriff Office will
handle the Citrus Tower event. Mr. Homan requested 4 Firefighters and a couple of Police Officers from
the City to assist with the event. Also, the Sheriffs Office has two (2) traffic control signs and requested
to set out three (3) days in advance.
City Manager Saunders stated the main concern was traffic and parking. The shopping center has
allowed them to use their parking lot and with help from the Sheriffs Office, it will be covered.
Mr. Homan noted he plans to shut down access from Highway 27.
Council Member Goodgame commended him on being very cooperative with the City and suggested
using shuttles.
City Manager Saunders confirmed something could be worked out if he wants to use shuttles.
Mayor Turville inquired about a finalized schedule for Light Up Clermont.
City Manager Saunders noted there would not be a conflict and supported having firefighters from the
City Fire Department to be onsite for the fireworks show and to have a couple of officers to assist on site.
Mayor Turville questioned whether it could be handled without direction from Council.
City Manager Saunders confirmed Council action was not necessary.
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5
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
• CFT Sommer Sports
Barbara Groves, Sommer Sports, was present. She questioned being overlooked with regard to previous
requests to be included in the budget workshops.
City Manager Saunders remarked that the City is doing everything that was approved by Council which
includes providing an attendant to maintain the city facilities. As far as budget workshops, the event
would occur in the following budget year and those workshops would be held next July.
Ms. Groves requested to discuss the 2006 event in a budget workshop.
City Manager Saunders advised that staff begins the budget process in March of each year. He noted the
intent is to bring to Council next spring for the following budget year.
Ms. Groves requested the City provide a dumpster, haul trash away and police support.
Council Member Goodgame suggested the City support the event.
City Manager Saunders noted the City does not have dumpsters however the contractor works for the City
and they have roll off containers that could be leased by the City. Mr. Saunders confirmed a dumpster
could be obtained within the existing budget. He further commented on the issue with the request for
police officers. Some officers are paid directly by CFT Sports and others are paid overtime by the City so
there are different amounts paid to the officers. Mr. Saunders preferred to not provide police assistance.
S Fred Sommer was also present on behalf of CFT Sports. He agreed with City Manager Saunders
comments on police assistance.
Council Member Goodgame moved for the City to provide three (3) _t_rash containers or
the CFT Triathlon event; seconded by Council Member Mullins. The motio~assed with
all members present voting "aye ".
Mayor Turville noted the agenda item to be discussed is a request for a Beer Garden.
Ms. Groves requested to have a Beer Garden on the dates of October 18 and October 21. She advised
they would have security personnel.
Mayor Turville opened public hearing.
Franklin Chase Forth voiced concern with serving alcohol. He noted the downtown area is pushing more
towards serving alcohol instead of revitalization. Furthermore, serving alcohol does not seem appropriate
for a health event.
Ron Becker voiced concern with parking and advised they will not park at Becker Funeral Home
anymore.
Charlene Forth spoke against the request for both event dates.
•
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2005
Sam Segar, General Manager of Benchwarmers, stated he was approached by Sommer Sports for this
event. The Beer Garden planned will be in the Benchwarmers parking lot with two (2) tents provided and
a barbeque grill. He has met with Mr. Becker and supports his recommendation to have cars towed out of
his parking lot. Mr. Segar stated he is trying to cooperate and has no control of where people park.
Steve Berlinsky, 1217 N. Jacks Lake Road, recommended Council oppose the request for a beer garden.
He also noted the image of Clermont is positive and not necessary for people to celebrate by drinking in
the street.
Ms. Groves commented the beer garden itself will be an extension of the restaurant.
City Manager Saunders remarked there has not been an issue in the past with reception type events
therefore staff is not opposed to the beer garden at the reception however recommended denial of the
other event. There is already a parking problem on regular nights. A greater problem has been
experienced with beer gardens noting the impossibility to contain consumers in the beer garden. He
voiced concern with having people on the sidewalks explaining that is the reason for recommending
approval of the reception but denial on the day of the event.
Council Member Mullins concurred with Mr. Saunders recommending the reception only.
Mayor Turville questioned the possibility of approving outside cooking and the sale of non-alcoholic beer
on the day of the event.
Council Member Mullins moved to approve the reception on October 18th as requested
. and on October 21S` approve food outside but no alcoholic beverages; seconded bX
Council Member Goodgame.
Council Member Mullins suggested considering next year.
Mayor Turville requested staff review parking signs and help Mr. Becker with enforcement.
Council Member Goodgame called for the question.
The motion passed with all members present voting "aye ".
Mayor Turville called for a recess at 9:42pm; the meeting reconvened at 9:SSpm.
Variance Request -San Jose Restaurant
Curt Henschel, Planner, reported on the variance request for San Jose's Mexican Restaurant located at the
north east corner of Highway 27 and Hartwood Marsh Road. The applicant has proposed to open a
restaurant within a retail building located in the Publix Shopping Center at Kings Ridge. This shopping
center is a commercial development consisting of retail sales and professional office. The variance is for
a total reduction of 35 parking spaces. When the parking calculations are determined for a restaurant, the
ratio is higher than a standard retail store. The retail gross floor area required 15 parking spaces, and the
proposed restaurant requires 50 parking spaces. Staff noted that the developer maximized the building
square footage and did not account for larger restaurants to occupy the retail space. Based on the variance
review criteria, staff did not see a hardship in this case and recommended denial of the variance request.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
• The applicant was present requesting approval and advised Council that 5 out of 8 businesses are
operating during the week and this restaurant is mainly open on the weekends.
Mayor Turville remarked that the Kings Ridge Homeowners Association President submitted a letter
noting they do not object to the request.
Mayor opened the public hearing.
Paula Orr remarked it is an excellent use of the facility to benefit the community. There are no other sit
down restaurants.
Tim Buck, 3960 Liberty Hill Drive, stated he has never seen the parking lot full so there is ample parking
to handle the restaurant.
Council Member Goodgame photographed the parking lot during peak hours and commented there is
plenty of parking on a Saturday afternoon. Many Kings Ridge residents use golf carts instead of cars.
Council Member Goodgame moved acce,Qtance o,~the variance request for San Jose
Restaurant• seconded by Council Member Mullins. The motion passed with all members
present voting_"aye ".
Variance Request -Stonegate
Jim Hitt, Planning Director, described the variance request for the Kings Ridge Professional Centre. The
• applicant requested permission to allow a retaining wall within the required 20 foot landscape buffer. The
proposed retaining wall will encroach about 4 feet from the site into the required landscape buffer, which
would preserve about 100 feet of existing landscaping within the site. The retaining wall would not be
needed if the landscaping were removed. The Kings Ridge subdivision has requested that the landscaping
remain since it is already established and mirrors the southern entrance landscaping. The required 20 foot
landscaping buffer will still be adhered to, but with the proposed retaining wall. Staff feels that saving the
established landscaping and the minimal effect the wall will have at this location justifies this variance
request and recommended approval.
The applicant was not present.
Council Member Goodgame commented that Randy Langley has worked closely with the Kings Ridge
Homeowners Association.
Mayor Turville opened the public hearing.
Steve Maury, 3674 Rollingbrook Street, remarked he had the opportunity to work with Randy Langley
and Jim Purvis. They did an outstanding job of working with the community and recommended approval.
Mr. Purvis submitted a letter from the Kings Ridge Homeowners Association requesting approval of the
variance and commended City Manager Saunders for his assistance.
Council Member Goodgame moved approval of the variance request for Stonegate;
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
OCTOBER 10, 2006
• Ordinance 536-M -Introduction
Mayor Turville read Ordinance 536-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.
Council Member Mullins moved introduction of Ordinance 536-M: seconded by
Goodgame The motion passed with all members present voting "aye ".
Ordinance 537-M -Introduction
Mayor Turville read Ordinance 537-M aloud by title only.
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 537-M; seconded by
Goodgame. The motion passed with all members present voting "ave ".
i Ordinance 569-M -Introduction
Mayor Turville read Ordinance 569-M aloud 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; establishing
the legal status of the small scale comprehensive plan amendment; providing a
severability clause; and providing an effective date.
Council Member Mullins moved introduction o~ Ordinance 569-M: seconded by
GoodQame. The motion passed with all members present voting "aye ".
Tower Villages Inc. Developers Agreement -First Reading
City Manager Saunders explained this agreement goes along with the small scale comprehensive plan that
surrounds the retention area east of the Progress Energy power substation. There is an existing
Developers Agreement that limits the property used for office space and retail. The proposed change
would allow the entire parcel to be used as commercial.
Mayor Turville opened the public hearing.
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9
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 10, 2006
e There were no public comments.
Mayor Turville closed the public hearing.
City Attorney Mantzaris advised that no action is necessary from Council.
Mayor noted the final hearing will be heard at the next Council meeting.
Charlene Forth requested to be heard at the end of the agenda since she was not present for the public
comment portion at the beginning of the Council meeting.
Mayor Turville requested that she be brief.
Charlene Forth stated she has received several calls regarding low morale at the Police Department. She
voiced concern with necessary equipment, laptops not being installed and accreditation status. She
inquired about the police officer not being allowed to speak at the beginning of the Council meeting.
Mayor Turville explained the City is currently negotiating the union contract with them. There are rules
that cover them as a union which describes the appropriate channels of which they have to adhere to.
Council does not want to be outside the process therefore he was asked to take remarks and forward
through the proper channels. He advised that Council approved 7 new marked police cars under the
consent agenda tonight and new officers have been approved to hire in the new fiscal year budget.
Ms. Forth requested the legal ruling as to why the police officer could not speak.
City Attorney Mantzaris commented that statutes provide certain rules for municipal employees. He
explained Council is not permitted to participate in negotiations until both sides reach an impasse. It
would open the door for unfair labor practice then Council could be accused of making inappropriate
decisions. When the contract comes back to Council, it will be right and enforceable.
ADJOURN: With no further comments, this meeting was adjourned at 10:29pm.
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'A~'TE~"I'i
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APPROVED:
Gl~
arol S. Turville, Mayor
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