04-24-2007 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 24, 2007
The Clermont City Council met in a regular meeting on Tuesday, April 24, 2007 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 Berlinsky. Other City officials
present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City
Clerk Ackroyd.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
PROCLAMATION
Mayor Turville read the National Nursing Week proclamation aloud declaring the week of May 7 - 13,
2007 as Nursing Week in the City of Clermont.
MINUTES
Council meeting minutes of March 27, 2007 and April 10, 2007
Council Member Goodgame moved approval of the minutes of March 27 as written;
seconded by Council Member Mullins The motion passed with all members present
voting "aye".
Council Member Goodgame moved approval of the minutes of April 10 as written;
seconded by Council Member Mullins The motion passed with all members present
voting, "aye".
PUBLIC COMMENTS
Matthew Modica distributed a copy of the original dedication letter of Bishop Field to Council. He
suggested revamping the field and recommended a rededication ceremony.
Cypress Ridge Elementary students presented quilts they created to raise money to purchase a classroom
library for a teacher at St. Martin Upper Elementary School in Ocean Springs, Mississippi. This is a
continuation of last year's Quilts to Books project where they raised $2,303.
REPORTS
City Manager Saunders reported on the County Commission vote to close the South Lake Building
Services Department at City Hall. They are looking at cost cutting measures due to a decline in permits
issued. Mr. Saunders addressed the County Commission and asked them to not make a decision today.
The County Commission unanimously decided to close the office. Commissioner Renick called Mr.
Saunders and Council Member Goodgame regarding having second thoughts on the vote and is
considering placing back on the agenda. She requested Council support.
Council Member Goodgame noted that Commissioner Renick asked her staff to obtain figures on how
much income this office was producing and that was not forthcoming. She wants to revisit this situation
provided there is support from the Clermont Council to do so.
Ciry of Clermont
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REGULAR COUNCIL MEETING
APRIL 24, 2007
Mayor Turville suggested staff revive their efforts to have one stop permitting and to proceed with
reviewing and updating proposals to have alternative choices at the appropriate time.
Council Member Berlinsky recommended a cooperative effort with Groveland and Minneola to share the
expense of setting up a Building Department to service the 3 cities.
City Manager Saunders advised that Groveland and Minneola contract with a private company to handle
permitting and inspections. The other option would be to open our own office with our own employees or
consider a company that will contract to provide that service. Staff will look at those options.
City Attorney Mantzaris - No Report
Council Member Hogan reported on the date change and location of the elected officials meeting from
April 27 to May 16 in Tavares.
Council Member Goodgame reported on attending the MPO meeting in Orlando. It was discussed that
we only receive 82 percent of the Florida Department of Transportation money raised in the Central
Florida Counties that is sent to Tallahassee. In 2007, they are anticipating an increase of 92 to 93 percent.
On April 21, the section of the rails to trails connecting Orange County to Minneola and Clermont trail
was opened. The majority of trail part was property donated by the Caruso family as part of the
Blackwest land.
Council Member Mullins commented on attending the League of Cities luncheon. The topic of
discussion was regarding possible State Legislature decisions on taxes. Mr. Mullins delivered the
Women's Club proclamation today. They expressed gratitude for the city work crews taking care of their
building and noted the employees are polite and appreciate their efforts.
Council Member Berlinsky expressed concern with the Lake County Commission taking a position on not
wanting County government to participate in any regional approach to meeting the water needs of Lake
County citizens and left it up to the cities. He requested the City of Clermont monitor and try to
convince the County Commissioners to revisit the issue and look beyond their own boundaries.
Mayor Turville directed City Manager Saunders to draft a letter.
Mayor Turville stated Resolution 1519 and the Clermont Crossing Variance Request has been requested
to be postponed for 30 days to May 22. Also, Resolution 1523 has been requested to be withdrawn.
Council Member Berlinslc~ moved to table Resolution 1519• seconded by Council
Member Mullins The motion passed with all members present voting "aye".
Council Member Berlinsky moved to table the variance request associated with
Resolution 1519• seconded by Council Member Mullins. The motion passed with all
members present voting "aye".
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.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 24, 2007
Item No. I -Budget Amendment
Request approval to amend the Sanitation
Department Budget in the amount of $13,846.00
for the purchase of a new clam truck
Item No. 2 -Purchase Approval
Item No. 3 -Budget Amendment
Item No. 4 -CDBG Administrator Selection
Request approval to piggyback Osceola
County's bid to purchase Mosquito Control
Chemicals
Request approval to amend the Recreation
Department Budget in the amount of $18,000.00
for additional Summer Programs
Appoint Selection Review Committee for the
CDBG Administrator
Council Member Goodgame pulled item 4 from the consent agenda for discussion.
Council Member Goodgame moved to approve consent agenda items 1 2 and 3•
seconded by Council Member Mullins. The motion passed with all members present
voting "aye".
Council Member Goodgame noted that City Manager Saunders indicated he wanted Mr. Gray to be on
that committee and he will not be here. Mr. Saunders stated he planned to bring it back to the next
meeting.
Council Member Goodgame moved acceptance of item 4• seconded by Council Member
Mullins. The motion passed with all members present voting "aye"
Council Member Goodgame announced that Assistant City Manager Gray will be leaving the City of
Clermont and will be missed.
NEW BUSINESS
Event Request - LASER/Benchwarmers
City Manager Saunders reported on the event request from Lake and Sumter Emergency Recovery
(LASER) to allow Benchwarmers, located at 528 8`~ Street, to close their parking lot and have outdoor
entertainment for a benefit for the Lake County Tornado Victims on Saturday, May 19.
Wesley Cuyler was present on behalf of Benchwarmers.
Cara Fitzgerald was present on behalf of LASER requesting approval.
Judi Bottari, volunteer for LASER, commented on this event being a fundraiser for the victims of the
tornado. There will be activities planned for kids. One hundred percent of the funds will directly benefit
the victims. LASER has received grant funds to cover administrative costs. She welcomed everyone to
attend the event.
Wesley Cuyler noted the request is for the closure of the parking lot on May 19. He spoke with Becker
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 24, 2007
Funeral Home about use of their parking area and acknowledged they will have people directing traffic to
the public areas of parking.
Council Member Goodgame requested the library parking lot be kept open until the library closes.
Mayor Turville opened the public hearing.
Andy Boswell requested Council approve the parking lot closure. He is involved in the Poker Run
activities of which 50 percent of the funds raised will go to LASER.
Mayor Turville closed the public hearing.
Council Member Goodgame moved to approve• seconded by Council Member Mullins
The motion passed with all members present voting_`aYe"
Resolution No. 1521 -Brickhouse Restaurant and Pub
Mayor Turville read Resolution 1521 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 a restaurant and pub within the Central Business
District.
Planning and Zoning Director Hitt presented the request for a Conditional Use Permit to allow a
Restaurant and Pub within the Central Business Zoning District at 794 W. Minneola Avenue. The
proposed restaurant and pub will be open for lunch and dinner. In May 2000, the previous occupant (the
Chef's Table) was approved for a Conditional Use Permit (Resolution 1126) to operate a sandwich shop
with retail food sales. The previous Conditional Use Permit did not permit any other uses and was
specific to the sandwich shop and retail food sales. The applicant intends to operate the restaurant and
pub in a manner which will improve and compliment the existing atmosphere of downtown Clermont.
The Planning and Zoning Commission recommended approval. There were two (2) memorandums
distributed. The first covers a concern Council had when this was brought before regarding lounge bar
language. City staff recommended the following language to be included in section 2 Land Use: The
Restaurant and Pub authorized herein shall be operated to ensure that the use does not create a nuisance or
pose a threat to the public, health, safety, and welfare of the City of Clermont and its residents. The
second memorandum adds language to ensure the restaurant is viable. City staff recommended the
following language to be included in section 2 Land Use: The Restaurant and Pub authorized herein shall
demonstrate, ensure, and provide records to the City at the renewal of their Local Business Tax Receipt
each year, that at least 51 percent of its gross revenue is derived from the sale of food and nonalcoholic
beverages. Staff recommended approval with the additional wording from the two memorandums with
conditions listed in the Conditional Use Permit.
Bret Jones, Attorney for the applicant, was present. He is in agreement with staffs report except for the 51
percent requirement. He requested adding qualitative language as opposed to quantitative language and
suggested language to state "will provide records to show that it is a viable restaurant".
Debbie Lacek, Applicant, was present requesting approval. She described Brickhouse Restaurant and Pub
as an upscale establishment. She introduced the designer of the Brickhouse Pub, John McCann.
City ojClermont
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REGULAR COUNCIL MEETING
APRIL 24, 2007
John McCann described the layout of the restaurant and will be set up to be a full service restaurant.
Mayor Turville opened the public hearing.
Ed Apadaca, 777 Osceola, spoke as President of the Lakeside Villas Homeowners Association. He met
with the Lacek's and reviewed the business plan and proposals. The homeowners feel the restaurant and
pub will be a good viable business for the downtown community and recommended approval.
Bob Bowman spoke in favor of the request.
Mayor Turville closed the public hearing.
Council Member Mullins agreed with Mr. Jones on amending the 51 percent wording as it may be
difficult to monitor.
Council Member Goodgame moved to change the wording that this restaurant/pub shall
demonstrate and ensure that this establishment shall be operated as a viable restaurant at
all times and the other additional language Mr Hitt read for approval of Resolution 1521
seconded by Council Member Berlinsky
Council Member Berlinsky commended the applicant on redrafting the proposal.
The motion passed with all members present voting "aye"
Resolution No. 1522 -Pillar Development
Mayor Turville read Resolution 1522 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 a professional office within an R-3
residentiaUprofessional zoning district.
Curt Henschel, Planner, reported on the request. The applicant requested a Conditional Use Permit to
construct a 2,600 square foot professional office building. Professional offices are classified as a
conditional use within the R-3 zoning district. The uses of the adjacent properties to the north, south, and
east of the property are also office establishments, permitted as conditional uses in the R-3 zoning district.
Staff recommended approval of the request.
The applicant, Mr. Unroe with Unroe Engineering, stated he was in agreement with staffs report and was
available for questions.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame moved to approve Resolution 1522• seconded by Council
Member Berlinsky.
Council Member Mullins asked for a brief summary of how this differs from the other one.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 24, 2007
Mr. Unroe replied that the building size was reduced by 400 square foot.
The motion passed with all members present voting, "ate
Mayor Turville announced the next two items would be heard concurrently
Resolution No. 1524 -Gonzales Professional Office
Mayor Turville read Resolution 1524 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 a building to exceed 20,000 square feet within the
C-2 zoning district.
Variance Request -Gonzales Professional Office
Mr. Henschel, Planner, presented information on the variance request and Resolution. The request is for a
conditional use permit to construct a 24,166 square foot professional office building. The site has an
abandoned building formerly operated as the Motel 8. The existing motel building would be leveled in
order to make way for the new 3 story building and parking lot. The applicant also requested variances to
develop the site. Staff recommended approval of the conditional use permit request.
One of the variances requested are to allow for a finished structure height of 56 feet rather than 45 feet
and to allow up to 42 feet habitable height rather than 35 feet. Staff recommended approval of this
variance.
The second variance request is fora 5 foot side yard sign setback to fit a monument sign within the
landscape island. Since the original pylon sign will be coming down and the new sign will be in
compliance with size standards, staff recommended approval of the 5 foot side yard setback sign variance.
The applicant is also requesting a variance to allow for a sloped landscape buffer not to exceed a 3 to 1
slope. Per city code, the perimeter landscape buffer is required to be flat and level. The parcel is adjacent
to a very steep grade. Staff does not support this request. Staff believes the applicant is over maximizing
the potential square footage of the parcel and recommended denial of the sloped landscape buffer
variance request.
Applicant, John Nematellah was present requesting approval and was available for, questions.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, noted it is a difficult site to work on as a developer and the State
has made it difficult with the road widening project. He suggested consulting with the University of
Florida for plant material.
Mayor Turville closed the public hearing.
Mayor Turville commented that Dr. Gonzales built the medical building across from Advance Auto Parts
which was a difficult site. The City did work with him on that site and is a good looking project. Mayor
Turville spoke in favor of the request.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 24, 2007
Mr. Nematellah noted he will continue to have the same look and was part of the other medical office.
Council Member Mullins questioned needing less of a slope if they reduced the building size and parking.
Mr. Nematellah asked to continue using the current slope but still maintain plants and plant material to
maintain the look and provide adequate landscaping.
Council Member Goodgame questioned the height interior.
Council Member Berlinsky spoke in favor of the request.
Council Member Goodgame spoke in opposition to the interior height variance.
Council Member Berlinsky moved for approval of the Conditional Use Permit• seconded
by Council Member Mullins for discussion
Council Member Mullins voiced concern with the roof style.
Mr. Nematellah noted the adjacent property is the Citrus Tower and is behind the House of Presidents.
The motion passed 4 to 1 with Council Member Mullins opposing-
It was clarified the variance request for the interior height is 42 foot.
Mayor Turville commented on the determinant for selecting a 35 foot interior height in the code was due
to not having a ladder truck and now we do.
City Manager Saunders stated we do not have an issue with the interior height since we have the
equipment now that we did not have when this code was written.
Council Member Berlinsky stated the code is no longer reasonable and requested the code be revisited.
Mayor Turville encouraged approval of the request.
Council Member Berlinsky moved approval of the variances as submitted• seconded by
Council Member Mullins with the clarification of the interior height is 42 foot The
motion nassed 4 to 1 with Council Member Good a'g_me opposing-
Council Member Mullins suggested an ad hoc committee to review the interior height in the City code.
ADJOURN: With no further comments, this meeting was adjourned at 8:35pm.
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APPROVED:
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Harold S. Turville, Mayor