10-24-2006 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• The Clermont City Council met in a regular meeting on Tuesday, October 24, 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 Deputy City Clerk Noak.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
Mayor Turville introduced the local candidates that were present.
Jim Purvis, 4206 Hammersmith Drive, on behalf of Kings Ridge, read a letter of thanks and well wishes
for Council Member Renick's service. Mr. Purvis mentioned the need for volunteers for the Nightmare
on Montrose Street event.
Cindy Barrow thanked Council Member Renick for her service on behalf of the children of Lake County.
Fred Sommer, Sommer Sports, Inc., thanked the City and its employees for their assistance at the recent
triathlon event.
Kelly Cartier, 1320 W Lakeshore Drive, voiced a complaint regarding being stopped by animal control
• for walking her dog at Park Pals. She requested that the City allow this at the park. City Manager
Saunders commented that animals are allowed in the perimeter areas but not on the fields.
A gentleman thanked Council Member Renick for her six years of service on City Council.
Bob Bowman thanked Council for holding the recent workshop and mentioned that Council should
consider a way to showcase businesses and their events at 8`h Street and Minneola Avenue. He would
also like to see the sidewalks available to businesses for potted plants, holiday items, and tables. Mayor
Turville said this would be looked into.
Wendy Talamonti, 1340 Lakeshore Drive, commented that they have a chicken and would like to keep it
for educational purposes. The chicken is part of a Lake County Fair project being held in April 2007.
There has been a complaint filed regarding the chicken and, she would like to file for a variance. City
Attorney Mantzaris stated that this is a code issue that is undergoing the code enforcement process;
should she desire to apply for a variance, she may go through the process. Mayor Turville suggested she
meet with City Manager Saunders to discuss possible solutions.
MINUTES
City Council Regular Meeting minutes of September 26, 2006 and October 10, 2006
Council Member Goodgame moved acc~tance of the September 26, 2006 minutes;
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 24, 2006
Council Member Goodgame moved acceptance of the October 10, 2006 minutes;
seconded by Council Member Mullins. The motion~assed with all members
present voting•"aye ".
Mayor Turville stated that the Utility Agreement for Real Life Christian Church had been withdrawn and
also advised Council that Hancock East, Resolution 1501, requested to be postponed to November 28`h;
and Resolution 1502, Wake Board Camp, requested to be postponed to November 28"'.
Council Member Mullins moved to table Resolution 1501 to November 28 • seconded
by Council Member Goodgame. The motion passed with all members present voting "aye ".
Council Member Mullins moved to table Resolution 1502 to November 28; seconded
by Council Member Goodgame. The motion passed with all members present voting "aye ".
r1
U
PROCLAMATION
Mayor Turville read the National American Indian Heritage Month Proclamation.
REPORTS
City Manager Saunders informed Council that t
Development Block Grant for the Bloxam Avenue
project and will be able to put this out for bid soon.
e City had received a $700,000.00 Community
drainage project. Engineering had worked on the
A CRA meeting was scheduled for 6:30 p.m., November 14.
City Attorney Mantzaris - No Report
Council Member Hogan stated that he was pleased the City of Leesburg was agreeable to the school
strategy plan. Also, he requested to be informed when the next Lake County Land Planning Agency
meeting would be. Council Member Hogan congratulated Fred Sommer for a very successful triathlon.
Council Member Hogan invited all to attend a Meet the Candidates event being held on November 2 at
Summit Greens. Council Member Hogan mentioned his continued concern regarding water conservation
in Florida and indicated he would be working with the City Engineer on these issues.
Council Member Goodgame reported that the Florida Department of Transportation would be
holding a meeting at the Lake-Sumter South Lake Campus on October 30 at 5 p.m. and again at 6
p.m. regarding the expansion of Highway 50 from Bloxam Avenue to west of Hancock Road.
He questioned if Ford & Harrison is reporting on more than just one department regarding
computer use. City Manager Saunders responded that Ford & Harrison is only conducting the
review for one department; however the League of Cities review is ongoing at this time.
Council Member Mullins - No Report
Council Member Renick - No Report
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• Mayor Turville asked if the triathlon finish line improved this year. City Manager Saunders stated that it
had.
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 -Purchase Approval
Engineering Department
Request approval to purchase City Utility
vehicles included in the 2006-07 Budget
Item No. 2 -Budget Amendment
Engineering Department
Request to amend the Engineering Department
Budget in the amount of $10,971 to replace a
City Utility vehicle involved in an accident
Item No. 3 -Scope of Service Change Order Request approval of Change Order for Tetra
Tetra Tech HAI - (fka-Hartman & Assoc) Tech to complete the telemetry system design
and construction project
Item No. 4 -Bid Award
GWP Construction, Inc.
Approval to award bid for the
Clermont/Minneola Potable Water Interconnect
system design and construction project
Item No. 5 -Purchase Approval
• Engineering Department
Item No. 6 -Bid Award
Flowers Chemical Laboratory
Item No. 7 -Equipment Surplus
Utility Department
Item No. 8 -Scope of Services
Boyle Engineering
Item No. 9 -Bid Award
Shelley Septic Tank, Inc.
Item No. 10 -Lease Agreement
Royal Street Communications
•
Request approval to piggy-back Hernando
County's bid for the purchase of bulk sodium
hypochlorite for the disinfection of the City's
potable and wastewater systems
Request approval to piggy-back Haines City's
bid for laboratory testing services from Flowers
Chemical Laboratory for the City's potable and
wastewater systems
Request approval to declare surplus specific
materials located on the Greater Hills Water
Treatment Plant
Request approval of Scope of Services to Boyle
Engineering in the amount of $65,416 to
perform professional engineering services
related to the effluent disposal modifications at
the East Water Reclamation Facility
Request approval to piggy-back the City of
Apopka's bid for residual hauling and disposal
Approve Lease Agreement between the City and
Royal Street Communications for
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• communication services site located at 1105
Disston Avenue (Water Tank)
Item No. 11 -Event Request
Christian Men in Action
Request from Christian Men in Action to close
portions of Desoto Street, Scott Street, School
Street and Juniata Street in order to host a
Community Block Christmas Party on
December 23 from 5 p.m.- 9 p.m.
Item No. 12 -Open Air Sales & Tent Permit
Ciro's Christmas Trees
Council Member Mullins pulled item number 12.
Council Member Renick pulled item number 4.
Request for an Open Air Sales & Tent Permit to
sell Christmas Trees from November 7 -
December 31, located at the NE corner of Hwy
50 and Grand Ave. (across from RaceTrac Gas ',
Station)
Council Member Goodgame moved acceptance of items 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11 of the
consent agenda; seconded by Council Member Mullins. The motion passed with all members
present voting aye ".
Council Member Renick requested clarification of item # 4. Tamara Richardson, Utility Director/City
Engineer, provided information on the project which would interconnect with Minneola's water system
for emergencies and conveying water for alternative water sources, commenting that the Minneola portion
of the project had been completed.
Council Member Mullins, regarding item #12, clarified the location is Highway 50 and Grand Avenue.
Council Member Goodgame moved acceptance of items 4 and 12; seconded by Council
Member Mullins. The motion passed with all members present voting "ave ".
Utility Agreement -Real Life Christian Church
This item was withdrawn at the request of the applicant.
Ordinance 569-M - Final Hearing, Tower Villages, Inc.
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; providing for
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• 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.
Barbara Hollerand, Planner, presented the Small-Scale Comprehensive Plan Amendment and the Tower
Villages Developers Agreement. The request was to change the Future Land Use Map designation from
UD-5 Residential/Professional to UD-5 Commercial. The area is north of S.R. 50, south of Legends Way
and west of Hancock Road, consisting of approximately 5.048 acres. The owner is seeking to combine
this with a 2.8 acre parcel to the west, which already has the UD-5 Commercial land use designation.
An amendment to an existing 2004 Development Agreement is concurrently being considered with this
request, with the applicant seeking to develop the entire site as commercial. Access to the properties
would be from S.R. 50 and Legends Way, and the City may require the developer to coordinate waste
water collection with adjacent projects. Staff recommendation was for approval.
Herb Smith, owner, and Wade Boyette, future partner, were present. Herb Smith emphasized that he
would like to make it work, but it had been difficult to balance the project with its current size.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
City Manager Saunders commented this would clean everything up and noted a prior concern with mixed
use.
Council Member Goodgame moved acceptance of Ordinance 569-M; seconded by Council
• Member Mullins. The motion passed on a roll call vote 5 to 0, with all members present voting
<~e»
Developers Agreement -Final Hearing, Tower Villages, Inc.
Council Member Goodgame moved acceptance of the Developers Agreement: seconded by
Council Member Mullins. The motionpassed with all members present voting "aye ".
Ordinance 536-M - Final Hearing, Southern Fields Phase III
Ordinance 537-M -Final Hearing, Southern Fields Phase III
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.
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 descriped
herein as shown below, providing for severability, providing for an effective date and
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• Providing for publication.
Planner Barbara Hollerand presented the annexation and rezoning for Southern Fields Phase III. The
annexation consists of 32.88 and is located south of Hartwood Marsh Road, east of Hancock Road, east of
Southern Fields Phase I and north of Southern Fields Phase II. The current zoning is County R-3 and
would become Urban Estate upon annexation. The property owner had approval in the County to develop
Southern Fields Phase III as a 102 home phase with a density of 3.1 homes per acre. The overall acreage
and density for all Southern Fields phases would be 366 homes on 121 acres at 3.02 homes per acre. The
previous owner, Ladd Development, entered into a water and wastewater service agreement with the City
and as part of that agreement, future phases of the subdivision are to be annexed into the City prior to
issuance of the first zoning clearance for each future phase. An administrative rezoning to R-1
accompanies this annexation application. Staff recommendation is for approval.
Alex Davis, representing KB homes, was present.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins mentioned the sign violations that KB Homes had continually promised would
not reoccur and desired to see that the sign regulations would be followed. Mr. Davis stated he would
bring this to KB Homes attention.
Council Member Renick moved to accept Ordinance 536-M; seconded by Council
Member Goodgame. The motion passed on a roll call vote 5 to 0, with all members present
• voting "aye ".
Council Member Renick moved to accept Ordinance 537-M; seconded by Council
Member Goodgame. The motion passed on a roll call votes to 0, with all members present
voting "aye ".
NEW BUSINESS
PZatApproval -Southern Fields Phase III
Jim Purvis, 4206 Hammersmith Dr., stated this should be tabled until KB Homes could insure they will
be a good neighbor regarding signs. City Attorney Mantzaris indicated that Council could not do so as
KB Homes have not been cited nor have a charge pending.
Council Member Goodgame moved to accept the Southern Fields Phase III Plat; seconded
By Council Member Hogan. The motion passed with all members present voting "aye ".
Council Member Hogan requested the City Manager send KB Homes a letter regarding the signs.
Resolution 1493 -South Lake Hospital
Mayor Turville read Resolution 1493 aloud by title only.
• A Resolution of the City Council of the City of Clermont, Lake County, Florida,
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• Granting a Conditional Use Permit to allow for the expansion of the helicopter pad
and associated maintenance building.
Jim Hitt, Planning Director, provided Council with an overview of the Conditional Use Permit to allow
for an expansion of the helicopter pad and maintenance building. This would include two phases, the first
phase extending the existing concrete pad to create a helicopter parking area; additional ground level
lighting; and athree-foot high fence with shrubbery. The second phase would be the construction of a 15'
x 15' maintenance building. Staff recommendation was for approval, with the conditions included in the
Resolution.
Applicant John Moore was present.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Dr., asked if the maintenance building was for helicopter maintenance.
Mr. Moore responded that the building was designed to store small parts if needed, but they could do
without the building in the beginning.
Council Member Goodgame questioned the black vinyl coated fence. City Manager Saunders responded
that this would be part of the site review process.
Council Member Renick moved to accept Resolution 1493; seconded by Council Member
Mullins. The motion passed with all members present voting "aye ".
• Resolution 1494 -Community Foundation
Mayor Turville read Resolution 1494 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 amedical/professional office in
the R-3-A zoning district.
Curt Henschel, Planner, presented the Conditional Use Permit requesting amedical/professional office in
the R-3-A zoning district. The parcel is approximately 2 acres located east of the intersection of Citrus
Tower Blvd and Oakley Seaver Dr. The proposed building would be approximately 3,200 square feet and
will house offices, meeting space and aresource/conference room. Staff recommendation is for approval.
Bruce Greer, applicant, was present.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Renick moved to accept Resolution 1494; seconded by Council Member
Mullins. The motion passed with all members present voting "aye ".
Resolution 1495 -Hancock Town Center
Mayor Turville read Resolution 1495 aloud by title only.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• A Resolution of the City Council of the City of Clermont, Lake County, Florida,
granting a Conditional Use Permit to allow for a retail shopping center with more
than four users.
Curt Henschel, Planner, presented both the Conditional Use Permit and the variance request for Hancock
Towne Centre. The applicant requested to allow for a retail shopping center with more than four users on
an 11.5 acre parcel currently zoned PUD with C-2 (General Commercial) uses. The parcel is located on
the northwest corner of Hancock Road and Hooks Street. The parcel had been approved in July 2001 to
develop the land as an 8 lot commercial subdivision with individual users on each lot. The developer has
decided to combine four parcels and create two 29,250 square foot buildings for a shopping plaza. Staff
recommendation was for approval.
The applicant requested a variance to allow a retaining wall without a landscape buffer on the exterior
side. Staff recommendation was for approval.
An additional variance the applicant requested was for a sloped landscape buffer to the northern property
line not to exceed a 4 to 1 slope. Staff did not support this request.
Rick McCoy, project engineer, was present.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
• Council Member Goodgame questioned if Mr. McCoy was fine with the staff recommendation regarding
the sloped landscape buffer. Mr. McCoy responded that they were looking for a transition behind where
Office Depot is, but could do without this slope if necessary. Mr. McCoy described what it would look
like and how it would allow leeway for them to do a slope if they could. Council Member Mullins agreed
that a slope would be better than a wall. City Manager Saunders stated that a 4 to 1 slope would be fine
and commented that storm water runoff prevention is why the City Code is written as such.
Council Member Goodgame moved to accept Resolution 1495 • seconded by Council Member
Mullins. The motion passed with all members present voting "aye "
The traffic light at the corner of Hooks Street and Hancock Road was discussed as was having Hancock
Town Center pay their proportionate share. City Manager Saunders responded that if Council desired to
ensure this occurs, it should be a condition of their Conditional Use Permit.
Mayor Turville reopened the public hearing for comments. There were no comments. Mayor Turville
closed the public hearing.
Council Member Goodgame moved to amend Resolution 1495 to include a provision that
theypay their share o~the traffic light• seconded by Council Member Hogan. The motion
passed with all members present voting "aye ".
Variance Request -Hancock Town Center
Council Member Mullins moved to accept the variance request under the condition that
• should water runoff or erosion presentproblems they would have to erect a wall; seconded
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• by Council Member Goo~ame The motion passed with all members present voting "aye ".
Variance Request -Edgington Offices
Planner, Curt Henschel, presented the variance request asking to allow less than 1 parking space per 200
square feet. City Code Section 98-14 requires a minimum of 1 parking space per square foot. The
applicant desired to convert existing warehouse space to office space at 1150 West Minneola Avenue.
They are requesting approval for a total reduction of 2 parking spaces so that the remaining 800 sgaure
feet of warehouse space can be converted to office space. The developer maximized the building square
footage and did not account for the additional office space. Staff recommended denial as staff did not see
a hardship.
Phil Edgington, owner, commented that more office staff is needed and considers this a hardship.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins inquired as to the number of employees. Mr. Edgington responded that there
were a total of eight people in the two buildings. Council Member Goodgame asked if someone else was
at that location in the future, could the City require the additional parking. City Attorney Mantzaris
responded that the City could do this if it were a land use change, but not if it were an ownership change.
Council Member Goodgame moved to accept the variance request: seconded by Council
Member Mullins. The motion passed with all members present voting "aye ".
. Open Air Sales & Tent Permit -Home Depot
City Manager Saunders clarified that the applicant is Apex Holiday and the owner is Home Depot. He
explained that the Christmas Tree sales would be in the parking lot. Since there are outstanding code
violations, staff recommends denial. Mayor Turville inquired if these were two issues that were exclusive
of each other. City Attorney Mantzaris stated that the City had the authority to limit additional requests
when there is an existing violation of City Code until compliance has been met.
Jeff Woodale, Assistant Manager, Home Depot, advised he had the understanding that Code Enforcement
had been contacted and had indicated that they were in compliance. Planning Director Jim Hitt responded
that Code Enforcement had not issued a release as to being in compliance and further commented that
Home Depot Attorney Jimmy Crawford met with the Planning Department regarding filing another
variance request that would be more reflective of their need.
Council Member Goodgame moved to deny the request• seconded by Council Member
Renick. The motion or denial passed with all members present votin~aye ".
Resolution 1496 -Subordination of City Utility Easement Interests, parcel I03.3R
City Manager Saunders described Resolutions 1496, 1497, 1498, 1499, and 1500 as providing right-of
way to Department of Transportation for the widening of S.R. 50.
Mayor Turville read Resolution 1496 aloud by title only.
•
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
• A Resolution of the City Council of the City of Clermont approving the
subordination of City utility interest for Parcel No. 103.3R and providing
an effective date.
Council Member Goodgame moved to accept Resolution 1496; seconded by
Council Member Mullins The motion passed with all members present voting "aye ".
Resolution 1497 -Subordination of City Utility Easement Interests, parcel 104.2R
Mayor Turville read Resolution 1497 aloud by title only.
A Resolution of the City Council of the City of Clermont approving the
subordination of City utility interest for Parcel No. 104.2R and providing
an effective date.
Council Member Goodgame moved to accept Resolution 1497: seconded by Council
Member Mullins. The motion passed with all members present voting "aye ".
Resolution 1498 -Subordination of City Utility Easement Interests, parce180I.4R
Mayor Turville read Resolution 1498 aloud by title only.
A Resolution of the City Council of the City of Clermont approving the
subordination of City utility interest for Parcel No. 801.4.R and providing
an effective date.
Council Member Goodgame moved to accept Resolution 1498; seconded by
Council Member Mullins. The motion passed with all members present votin~aye ".
Resolution 1499 -Subordination of City Utility Easement Interests, parcel 800.3R
Mayor Turville read Resolution 1499 aloud by title only.
A Resolution of the City Council of the City of Clermont approving the
subordination of City utility interest for Parcel No. 800.3R and providing
an effective date.
Council Member Goodgame moved to accept Resolution 1499; seconded by
Council Member Mullins. The motion passed with all members present voting "aye ".
Resolution 1500 -Subordination of City Utility Easement Interests, parcel 803.3R
Mayor Turville read Resolution 1500 aloud by title only.
A Resolution of the City Council of the City of Clermont approving the
subordination of City utility interest for Parcel No. 803.3R and providing
an effective date.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 24, 2006
Council Member Good~ame moved to acct Resolution 1 S00 • seconded bX
Council Member Mullins. The motion passed with all members present voting"aye „
ADJOURN: With no further comments, this meeting was adjourned at 9:04 p.m.
APPROVED:
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.ATTEST:` ` ~=
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Tracy Ackr yd, ity Cler
arold S. Turville, Mayor
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Memo
To: Wayne Saunders, City Manager
Frorrx Tamara Richardson, PE, City Engineer~~
CC:
Date: October 19, 2006
Re: Greater Hills Water Treatment Plant Surplus
As part of the Greater Hills Water Treatment Plant expansion project, the City Utility
Department is requesting to declare surplus the facilities located on the project site that were
related to the former facility when it was owned by a private utility.
The following equipment is surplus:
(1) Steel storage tank and pump room commonly referred to as a package plant or can station approx.
12.5' wide by 46.8' long.
(1) 50,000 gallon steel ground storage tank on concrete pad with aerator, approx. 11.9' wide by 59.4'
long.
(1) 50,000 gallon steel ground storage tank on concrete pad approx. 11.9' wide by 59.4' long.
I am requesting that the above listed materials be declared surplus and that staff be
authorized to advertise them for bid and to proceed with removal of the equipment.
•