04-22-2008 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 22, 2008
The Clermont City Council met in a regular meeting on Tuesday, April 22, 2008 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, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City
Manager Gray.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
MINUTES
Council meeting minutes of April 8, 2008.
Council Member Goodgame moved to approve the minutes of April 8 2008 as written;
seconded bX Council Member Mullins The motion passed with all members present
voting "aye".
PUBLIC COMMENTS
Suzie Gibson, 12310 Sunshine Drive, informed Council of a man in a motorized wheelchair having
difficulty at the crosswalk of the southeast corner of Highway 50 and Fifth Street intersection due to the
buildup of debris. She contacted David Marsh, Florida Department of Transportation (FDOT), and he
said he would dispatch someone to clean up the debris. She questioned whether it is in compliance with
the American Disabilities Act (ADA) standards. The debris has not been cleared yet.
Mayor Turville noted City staff would clean up the debris.
Council Member Goodgame advised that FDOT has moved the study of the traffic signals of Highway 50
and Fifth Street forward on their agenda.
Nancy Fullerton, 368 Montrose Street, spoke on behalf of the Alliance to Protect Water Resources. She
distributed brochures produced by The Alliance explaining what residents can do to protect water
resources. The second of a three meeting series will be held on Thursday, May 1 at 7:OOpm at Jenkins
Auditorium and invited Council to attend to discuss individual responsibility.
Cuqui Whitehead, 837 Fifth Street, invited everyone to attend the Kiwanis Prayer Breakfast on May 1 at
Jenkins Auditorium at 7:30am. She further complimented Suzie Gibson for always having Clermont's
best interest at heart.
LaRinda Braun, 788 W. Lakeshore Drive, expressed concern with the Highway 50 and Fifth Street
intersection. She requested the FDOT email from Council Member Goodgame.
Tim Murry, 574 E. Desoto Street, expressed appreciation to the Council and staff for taking action in
cleaning up the Lincoln Park area. Also, Mr. Murry requested the Council consider passing an ordinance
prohibiting citizens from wearing baggy pants below the belt..
Mayor Turville noted staff would explore this suggestion and consult with our City Attorney.
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 22, 2008
Mr. Murry further noted the Health Fair will be held on April 26 at McKinney Park from loam to 2pm
and is free to the public. There will be a picnic held on June 14 at McKinney Park from loam to 4pm. It
is sponsored by the City of Clermont through donations of the business community.
Mayor Turville acknowledged Boy Scout Troop 784 was present. This troop is chartered through the
First United Methodist Church. The Boy Scouts attend a Council meeting as part of a requirement for a
merit badge of citizenship to the community.
REPORTS
City Manager Saunders reported on receiving a call and memo from Lance Lombard, Lake County Water
Authority. Their staff has identified stormwater projects and chose Hooks Street /Lakeshore Drive as a
top priority project. City staff agreed it is a priority. The Water Authority has $500,000 available for the
project. Lake County has requested the City take the lead as far as administering the project to include
choosing an engineer, administer design, bidding, and contract with the Water Authority staff being
involved. This is being brought to Council to determine if the City is interested in being a part of this
project and if so, staff will put together an inter-local agreement and bring back for the Council to
consider. City Manager Saunders requested Council give staff authorization to move forward and
negotiate an inter-local agreement.
Council Member Goodgame so moved• seconded by Council Member Mullins The
motion passed with all members present voting"aye"
City Manager Saunders reported on the Inland Grove project. The Council previously approved to move
forward with closing on the north half of the property. The City is applying for the second grant from the
state which will be approximately $3.3 million. We can acquire additional points if we close on the
property before submitting the grant application; the closing is scheduled for tomorrow. Last week, the
House and Senate have included funding in next year's budget for this grant program to continue. When
staff contacted the owners with closing early, they had no problem with it but noted a couple of
shareholders expressed concern with not receiving payment for the south half and now closing is
scheduled on the north half with little down and a long term unsecured note. Originally, it was scheduled
to happen simultaneously in July. The City has $1.9 million in available funds to go towards the closing
pay off in July and then the remainder of the $5.25 million note will be paid by the grant received by the
State. Staff is proposing to simultaneously with closing tomorrow, to also pay the $1.9 million on the
south piece and then when the City receives the grant funds, staff will disperse that money to pay off the
note that is due in July. The owners are fine with that arrangement. It moves up the payment by three
months. The amount does not change; only the timing. He requested action from the Council to move
forward.
Council Member Hogan so moved to move this up• seconded by Council Member
Goodgame. The motion passed with all members present voting "aye"
City Attorney Mantzaris - No report
Council Member Hogan requested Lake County Commissioner Renick report on the Water Alliance inter
local agreement. County Commissioner Renick reported on the efforts of coordinating the agreement
with all 14 cities and Lake County. She noted the purpose of the first inter local agreement was for the
water supply study and the second is to reform with a broader goal of dealing with water issues.
2
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 22, 2008
Council Member Goodgame questioned having the lights on the trees on the weekends. City Manager
Saunders noted he would check with Public Services. Council Member Goodgame asked if staff is
working on the no smoking policy. City Manager Saunders confirmed he is working on that.
Furthermore, Council Member Goodgame recognized Ann Dupee and Amanda Walsh for receiving an
award at the Lake County Community Service Awards dinner. Ann Dupee received the Business Hall of
Fame Award. Amanda Walsh received the Business Achievement Award as Entrepreneur of the Year.
Council Member Mullins - No Report
Council Member Berlinsky - No Report
Assistant City Manager Gray reported on traveling to Tallahassee last week with Barbara Hollerand and
Fred Fox to review the application for a second grant on the Inland Groves property.
City Manager Saunders noted the Council discussion at the last workshop regarding matching funds and
points gained depending on the match. It was the desire of the Council to acquire the maximum number
of points.
Mayor Turville reviewed changes to the agenda. Items 4 and 5 under new business have been requested
to be tabled to May 27 from the applicant.
Council Member Mullins moved to postpone item 4 to May 27• seconded by Council
Member Goodgame. The motion passed with all members present voting"aye"
Council Member Mullins moved to table item 5 to May 27• seconded by Council
Member Goodgame. The motion passed with all members present voting aye"
City Attorney Mantzaris stated item 6 did not receive a hearing from the Planning and Zoning Board and
recommended tabling to May 27.
Council Member Goodgame moved to table to May 27• seconded by Council Member
Mullins. The motion passed with all members present voting. "a,~"
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-Event Request
Item No. 2 -Purchase Approval
Item No. 3 -Purchase Approval
Request from Downtown Partnership to close
Montrose St. from West Avenue to 7` Street for
the second Annual Summer Art Walk
Request authorization to purchase a phone
system for the new Fire Department
administrative office addition to Station #1
Request authorization to purchase and install a
generator for Fire Station 2
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 22, 2008
Item No. 4 Purchase Approval
Request authorization to purchase a phone
system for the Operations Building at the East
Water Reclamations Facility
Item No. 5 -Purchase Approval
Item No. 6 -Water Impact Fee Credits
Item No. 7 -Agreement Approval
Item No. 8 -Agreement Approval
Item No. 9 -Agreement Approval
Request authorization to purchase an odor
control system for Lift Station E-15
Request authorization to transfer Water Impact
Fee Credits from Jason Stringfellow to Schmid
Construction
Request for approval of an agreement with
BESH Engineering for storm water
improvement projects
Gatorsktch Architects Inc. Agreement for
preliminary design services for Historic Cooper
Library renovations
Gatorsktch Architects Inc. Agreement for
preliminary design services for Historic Depot
Renovations
City Attorney Mantzaris requested pulling items 7, 8, and 9. City Manager Saunders requested item 4 be
pulled from the consent agenda.
Council Member Mullins moved to accept consent agenda items I 2, 3 5 and 6•
seconded by Council Member Goodgame. The motion passed with all members present
voting "aye".
City Manager Saunders reported on item 4. The third quote for the new phone system was received
today. It was higher than the other low quotes so staff recommended the low quote as shown to be
awarded to Atlantic.
Council Member Goodgame moved to accept item 4 on the consent agenda• seconded by
Council Member Mullins. The motion passed with all members present voting "ave"
City Attorney Mantzaris requested Council consider an additional condition on item 7 where staff has the
opportunity to verify insurance specifically commercial, general liability and professional liability.
City Attorney Mantzaris suggested amending items 8 and 9. He recommended Council approve without
the language in paragraph 3 of page 6 as it is not in the best interest of the City.
Council Member Goodgame moved for approval of item 7• seconded by Council Member
Mullins. The motion passed with all members present voting "aye"
Council Member Goodgame moved approval of item 8 and 9 with staff's
recommendations for approval• seconded by Council Member Mullins The motion
passed with all members present voting "aye"
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 22, 2008
NEW BUSINESS
Variance Request - Motilall
Jim Hitt, Planning Director, presented the variance request for a total reduction of three parking spaces,
for the proposed retail and office building, to be located on the south side of Highway 50. The building
will consist of 2,649 sq. ft. of retail on the first floor, and 837 sq. ft. on the second floor. The Code
requires one parking space per 200 sq. ft. for both retail and office, which equates to 18 parking spaces.
The site plan calls for only 15 parking spaces provided because the site is tight with regard to the overall
building square footage and the additional 837 sq. ft. on the second floor. The proposed office space
added to the retail space will require additional parking spaces, and there is not sufficient room on site to
provide these additional spaces. Staff recommended denial.
Clermont Medical Center submitted a letter of opposition.
City Manager Saunders noted the building shown is backwards.
Applicant, Jeff Powell, was present on behalf of the owner. He described the background of the request.
There will be a maximum of four employees. Most of the space being added to the retail area will be
taken up with freezer cases. He requested Council approval.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, stated it would be an asset to the area. If a change in ownership or
use occurs, require the owner to return to Council for a review.
Cuqui Whitehead, 837 FifthStreet, spoke in opposition to this request.
Mayor Turville closed the public hearing.
Council Member Mullins questioned only having the parking lot available off of Highway 50. Jeff
Powell stated it would limit accessibility of emergency vehicles.
Mayor Turville commented on the size of the building and not having adequate parking places. Mr.
Powell requested consideration of three (3) spaces to achieve business.
Council Member Berlinsky questioned the suggestion made by Jim Purvis. City Attorney Mantzaris
stated it will become an enforcement issue for staff.
Council Member Mullins requested a smaller building with no access to Chestnut Street. Mayor Turville
agreed with Council Member Mullins recommendation. Council Member Mullins rephrased his comment
to say no thorough traffic from Chestnut Street to Highway 50.
The applicant withdrew the variance request to work on a different solution
Variance Request -Hassan
Curt Henschel, Planner, presented the variance request by Mohamed Hassan located at 247 Hunt Street
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 22, 2008
The applicant has requested a variance to allow for a solid roof screen enclosure over an existing patio
within the required rear yard setback of Lot 140 within the Highland Estates subdivision. Staff had no
objection to the variance for the construction of a screen room with a covered roof over an existing patio
with a 17.5 foot rear yard setback.
Rick Green was present on behalf of Mr. Hassan.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame questioned placing a solid metal roof over a screen enclosure. Mr. Green
described it is a more rigid and strong roof.
Council Member Goodgame moved for approval of the variance• seconded by Council
Member Berlinsky. The motion passed with all members present voting_"a,~"
Variance Request -Embarq
Curt Henschel, Planner, reported on the variance request. The applicant proposed to construct a parking
lot at the corner of Desoto Street and Eighth Street. The proposed parking lot will be for the excess
parking of the Embarq service trucks and staff parking. The existing Embarq location on Desoto is
almost at capacity, therefore requiring the need to stack Embarq vehicles on the front lawn. The
variances requested are to allow a 4 foot wide landscape buffer between the abutting properties to the east
and to allow for a vehicle access point with 10 feet per lane of traffic rather than 12 feet per lane. Staff
was not opposed to the variance requests. There are two possible site plans. Both would require the first
variance request for a reduction of the landscape buffer width, and the second variance for a reduction of
the driveway width would only apply to using the northern building.
City Manager Saunders commented if Council approves both variances, it will give them options.
Margo, Regional Director for Embarq, was present. She explained the need for the variances as Embarq
has outgrown their facility and have had to park vehicles on the grass. This is necessary in order to have a
parking lot that looks better and it will meet business needs.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, questioned the need for a variance and suggested relocating the
parking stalls further west.
Suzie Gibson, spoke on behalf of Clermont Tire Inc., expressed support of the request.
Mayor Turville closed the public hearing.
Mayor Turville questioned the use of the building to the east of the lot. Mr. Henschel confirmed it is a
school/academy. City Manager Saunders noted they did receive notification.
Council Member Mullins advised Council he did have contact with her beforehand regarding the process
however he did not see any details.
City of Clermont
MINUTES
REGULAR COUNCII, MEETING
APRIL 22, 2008
Mark George, Architectural Technician, requested the opportunity to keep both options open.
Council Member Hogan moved for adoption• seconded by Council Member Berlinsky
Under discussion, Mayor Turville noted they are at the entrance into the City.
The motion passed with all members present voting "a•
Advertisement Approval
City Manager Saunders explained the Chamber of Commerce produces the Village Profile every 2 years.
The City of Clermont customarily buys a full page ad in the publication that provides information about
the City. The Chamber of Commerce provides an additional page which allows a two page spread for the
City. If Council agrees to purchase the space in the new publication, a budget amendment will be needed
to cover the cost of $3,325.50.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame moved for approval of the advertising amount for the village
profile: seconded by Council Member Mullins
Council Member Hogan believes it is an unnecessary expense. Council Member Berlinsky expressed
support of the Chamber however has reservations about the expense. Council Member Mullins stated the
Chamber functions as the economic development center for the City. He supports the ad and suggested
changes to make it more of a selling advertisement. Council Member Berlinsky recommended amending
it to have it be more of a sales advertisement.
Council Member Goodgame amended his motion to have it more of a sales ad and
Council Member Mullins having oversight of the advertisement
Discussion ensued between Council Members.
Council Member Goodgame called for the question.
Mayor Turville clarified the motion entertained would give Council Member Mullins the opportunity to
say grace over the copy associated with our contribution.
The motion passed 4 to 1 with Council Member Hogan opposing_
Ordinance 356-C Introduction
Mayor Turville read Ordinance 356-C aloud by title only.
An Ordinance of the City of Clermont, Lake County, Florida, amending Chapter 26,
"Elections", section 26-2, "Nominating Petitions; Filing", of the Code of Ordinances of
the City of Clermont, Lake County, Florida, relating to the qualification period for
municipal elections; repealing all ordinances in conflict herewith; providing for
severability; and providing for an effective date.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 22, 2008
Council Member Mullins moved introduction of Ordinance 356-C• seconded by Council
Member Goodgame. The motion passed with all members present voting "aye".
Ordinance 588-M Introduction
Mayor Turville read Ordinance 588-M aloud by title only.
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County,
Florida, granting a garbage collection franchise to Waste Services, Inc., providing for the
term of the franchise and for other purposes connected with a franchise for the collection
of garbage within the City of Clermont.
Council Member Mullins moved introduction of Ordinance 588-M• seconded by Council
Member Goodgame. The motion~assed with all members present voting "a,~e"
Ordinance 589-M Introduction
Mayor Turville read Ordinance 589-M aloud by title only.
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County,
Florida, granting a garbage collection franchise to Veolia ES Solid Waste Southeast, Inc.,
providing for the term of the franchise and for other purposes connected with a franchise
for the collection of garbage within the City of Clermont.
Council Member Mullins moved introduction of Ordinance 589-M• seconded by Council
Member Goodgame. The motion passed with all members present voting "aye"
Council Appointment
City Manager Saunders reported on having one (1) opening on the Planning and Zoning Commission.
The City received only one (1) response however that person does not live inside the city limits. He
recommended tabling to the next meeting and staff will attempt to contact the lady who was previously
interested when Council made the last appointments.
Council Member Goodgame moved to table to the next meeting; seconded by Council
Member Mullins. The motion passed with all members present votin~`aye"
ADJOURN: With no further comments, this meeting was adjourned at 9:OOpm.
APPROVED:
rol S. Turville, Mayor
ATTES
Tracy Acl~r d, City Cl c