10-27-1998 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 27, 1998-
A regular meeting of the City Council of the City of Clermont was held Tuesday,
October 27, 1998 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m.
by Mayor Pro Tem Norquist with the following Council Members present: Council
Member Turville, Council Member Brown, Council Member Wolfe and Council
Member Cole. Other City officials present were City Manager Saunders, City
Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock.
INVOCATION
The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of
the Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the regular Council Meeting held October 13, 1998 were approved as
presented.
CITY MANAGER SAUNDERS' REPORT
Well Water Analysis
City Manager Saunders reported that a good report was received for the initial water
analysis for the well at the middle school property on Hancock Road.
Workshop Meeting Scheduled
Council Members scheduled a workshop meeting on November 17 at the Police
Department at 7:00 p.m.
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MAYOR PRO TEM NORQUIST'S REPORT
Mayor Pro Tem Norquist suggested that former Chief Prentice Tyndal, who served
Clermont for 37 years as Chief of Police (39 years total), be nominated to the Police
Chief Hall of Fame.
98-327
A motion was made by Mayor Pro Tem Norquist and seconded by Council
Member Brown, Council Member Cole, Council Member Wolfe and Council
Member Turville to nominate former Police Chief Prentice Tyndal to the Police
Chief Hall of Fame.
VISITORS WITH BUSINESS
WalMart - Conditional Use Permit
Final Reading of Ordinance 370-M
Mayor Pro Tem Norquist moved the WalMart Request for Conditional Use Permit
and the Final Reading of Ordinance 370-M to annex approximately 5 acres located
northeast of Lake Wilma, south of Hook Street to the first items to be addressed so
they could be tabled. City Manager Saunders stated that the Planning and Zoning
Commission tabled the WalMart request for a Conditional Use Permit and he
recommended that the Council table the Conditional Use Permit request and the final
reading of Ordinance 370-M until the second meeting in November.
98-328
A motion was made by Council Member Cole, seconded by Council Member
Brown, and carried unanimously to table the WaIMart request for a Conditional
Use Permit until November 24, 1998.
98- 329
A motion was made by Council Member Turville, seconded by Council Member
Cote, and carried unanimously to table the_final reading of Ordinance 370-M until
November 24, 1998.
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Alexander Gimon - Resolution No. 1031
City Manager Saunders stated the applicant is requesting a Conditional Use Permit for
a professional office and a two-family residential unit located at 628 W. Minneola
Avenue. Mayor Pro Tem Norquist stated that the request requires that a Quasi-
Judicial hearing be held and that anyone wishing to speak in favor of or in opposition
to the request needs to be sworn in. City Clerk Van Zile swore in the following:
Alexander Gimon
Howard Barry
628 W. Minneola, Clermont, Florida
439 Carroll Street, Clermont, Florida
Alexander Barry stated that he proposes to use a detached 2-story building at his
residence at 628 W. Minneola for psychological services. Howard Barry stated he had
no objections.
City Manager Saunders stated the building was previously used as a beauty shop and
the R-3 zone allows the professional office use. He stated the Planning and Zoning
Commission and staff recommended approval with conditions as stated in Resolution
No. 1031. Mayor Pro Tem Norquist closed the public hearing.
98-330
A motion was made by Council Member Wolfe, seconded by Council Member
Cole, and carried unanimously by roll call vote to adopt Resolution 1031 after
reading by title only by Mayor Pro Tem Norquist.
Hills of Clermont - Resolution No. 1033
City Manager Saunders stated that Resolution No. 103 is a request for a Planned Unit
Development on approximately 142 acres south of S.R. 50, east and west of Hancock
Road to be developed as residential and commercial. Along with the request for the
Conditional Use Permit is a request for front and rear yard setbacks of 20' as opposed
to 25' and a 50' right-of-way for the development on the west side of Hancock Road.
Mayor Pro Tem Norquist stated that the request requires that a Quasi-Judicial hearing
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be held and that anyone wishing to speak in favor of or in opposition to the request
needs to be sworn in. City Clerk Van Zile swore in the following:
Bob Mandell
Howard Barry
Nancy Fullerton
1105 Kensington Park Drive, Altamonte Springs, FL
439 Carroll Street, Clermont, FL
368 Montrose Street, Clermont, FL
Bob Mandell of Greater Construction Co. explained the severe topography of the area
and that the front and rear yard setback will allow flexibility in the placement of the
homes on the lots. City Manager Saunders stated that the request for front and rear
yard setbacks of 20' as opposed to 25' was discussed at a previous workshop with Mr.
Mandell. He stated that the staff is also recommending that the internal streets for the
residential area located west of Hancock Road be allowed 50' right-of-way as opposed
to the normal 60' which will allow the developer to dedicate 40' of right-of-way along
the northern boundary which is needed for the future extension of Hook Street from
Hancock Road to U.S. 27.
City Manager Saunders stated that the development will be a private gated community.
He reviewed proposed changes to Resolution No. 1033 on Page 4, #14 referring to a
previous agreement with MAK Development which assigns Greater Construction a
$70,000 credit and provides for payments which were previously required by MAK
Development. He explained another recommended modification on Page 7, #11
specifying that finished grades and elevations for Hook Street and other appurtenant
transportation improvements will be established and constructed and allow access
from Hook Street to the adjoining commercial uses. City Manager Saunders stated
that the Planning and Zoning Commission and the staff have recommended approval
with the conditions as outlined in Resolution No. 1033.
Howard Barry stated that the Council should abide by the density restrictions and
deny the requested variances. Nancy Fullerton asked about the proposed densities.
Mr. Mandell stated the density was approximately 3 homes per acre for the east and
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west properties. Nancy Fullerton stated that traveling on S.R. 50 is very dangerous and
that increased traffic will make it more dangerous. Mayor Pro Tem Norquist closed
the public hearing.
98-331
A motion was made by Coundl Member Cole and seconded by Coundl Member
Wo!fe, and carried unanimously by roll call vote to adopt Resolution 1033 with the
recommended amendments to Page 4, #14 and Page 7, #11 after reading by title
only by Mayor Pro Tem Norquist.
OHM Variance Request
City Manager Saunders stated that OHM Remedial Services Corporation is requesting
permission to locate an office trailer on site for nine months to house additional staff
while a permanent expansion is being planned and constructed. The office trailer
would be located adjacent to their office on the south side of Mohawk Road across the
street from Clermont Commons business park. Mayor Pro Tem Norquist stated that
the request requires that a Quasi-Judicial hearing be held and that anyone wishing to
speak in favor of or in opposition to the request needs to be sworn in. City Clerk Van
Zile swore in Sid Van Landingham, 11051 Wind Chime Circle, Crescent Bay.
Sid Van Landingham stated he is the manager of OHM Remedial Services. The
company has merged and four additional people need office space at their facility. He
stated they plan to expand the permanent facility within nine months and their request
is based on that time estimate.
City Manager Saunders stated that the Code does not allow this type of trailer on site
and they have not demonstrated a hardship. He stated that the Council has not
allowed this type of request in the past with the exception of Lake County Health
Department which provided a service to the community. He stated that staff's concern
with the request is the precedent of allowing trailers to be located for office use and the
possibility of the nine months expiring before permanent facilities can be constructed.
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Joe Zagame, 2360 Lake Louise Road, Clermont, Florida was sworn in by City Clerk
Van Zile and stated that their property adjoins OHM and they have no opposition to
the request.
Council Member Wolfe stated that OHM is bringing jobs into the area and the
variance should be granted. Mayor Pro Tem Norquist closed the public hearing.
98-332
A motion was made by Coundl Member Turville, seconded by Coundl Member
Wolfe, and carried unanimously to grant a variance to allow an office trailer for nine
months on the south side of Mohawk Road across the street from Clermont
Commons business park.
Jason and Nancy Stringfellow - Variance Request
City Manager Saunders stated that the applicant is requesting a side yard setback of 20'
rather than the required 25' for the south end of"Building 1" and a reduction of the
side yard setback along the west end of "Building 2" from 15' to 10' in order to preserve
existing trees on the site. He stated that saving trees is a basis for granting this type of
variance. Mayor Pro Tern Norquist stated that the request requires that a Quasi-
Judicial hearing be held and that anyone wishing to speak in favor of or in opposition
to the request needs to be sworn in. City Clerk Van Zile swore in the following:
Jason Stringfellow
Rick McCoy
Mrs. Ulmer
8512 Doral Drive, Clermont, Florida
713 W. Montrose Street, Clermont, Florida
642 W. Broome Street, Clermont, Florida
Jason Stringfellow stated that the proposed building will be two levels, but before
going further with the design, they wanted to obtain the required variance. Mrs.
Ulmer asked that a 150' fence be built if the trees could not be saved. City Manager
Saunders explained that a buffer, usually a landscape buffer, will be required. Mayor
Pro Tem Norquist closed the public hearing.
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City Manager Saunders stated that if the trees are not able to be saved that they will
have to meet the standard setbacks. Mayor Pro Tem Norquist closed the public
hearing.
98-333
A motion was made by Coundl Member Cole, seconded by Council Member
Turville and carried unanimously to approve a setback variance of 20' rather than
25'for the south end of Building 1 and a side yard setback variance of lO' rather
than 15' along the west end of Building 2 _for the corner of Broome and Lake
Avenue for Jason and Nancy Stringfellow.
UNFINISHED BUSINESS
Final Reading of Ordinance 290-C
Planning Director Harker stated that Ordinance 290-C will amend the Land
Development Regulations in three areas: 1) Concurrency Management for
transportation, and measurement of traffic; 2) Establishment of personal service
establishments with approval of a Conditional Use Permit in the R-3 and R-3-A
zones; and 3) Chapter 122 for private docks and boathouses. He explained each of the
proposed amendments.
Planning Director Harker stated that staff preferred listing specific uses to be allowable
as a conditional use such as beauty shops and barber shops in the R-3-A and R-3 zones
rather than listing all establishments regulated by the Department of Professional
Regulation because it is so extensive. City Manager Saunders read the proposed
amended language.
98-334
After discussion, a motion was made by Council Member Cole, seconded by
Council Member Wolfe, and carried unanimously by roll call vote with Mayor Pro
Tern Norquist abstaining to adopt Code Ordinance 290-C as amended.
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Catherine Wolfe reminded Council Members of the Workshop held in June and stated
the owner was experiencing a financial hardship and asked what should be done next.
City Manager Saunders stated that ifa request for a conditional use is submitted by the
15th, the Planning and Zoning Commission will review the request on the first
Tuesday of the month and their recommendations will be forwarded to the Council at
a public hearing.
Final Reading of Ordinance 366-M
City Manager Saunders stated that this ordinance will rezone approximately 33 acres
located at the northeast corner of the intersection of S.R. 50 and North Hancock Road
from R-R Rural Residential to C-2 General Commercial. He stated that the parcel is
bounded on the north and east by the Levitt Homes project and to the northwest is the
Lake Sumter Community College campus. Mayor Pro Tem Norquist stated that the
request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak
in favor of or in opposition to the request needs to be sworn in. No one asked to be
sworn in.
City Manager Saunders stated that the request is consistent with the Comprehensive
Plan and the Planning and Zoning Commission and staff have recommended
approval. Mayor Pro Tem Norquist read Ordinance 366-M by title only.
98-335
A motion was made by Council Member Cote, seconded by Council Member
Brown and carried unanimously by roll call vote to adopt Ordinance 366-M
rezoning $3 acres from R-R to C-2 General Commercial at the northeast corner of
the S.R. 50 and North Hancock Road intersection.
Development Agreement
City Manager Saunders stated that the development agreement is between the City of
Clermont and Park Square Homes and stipulates that the property being rezoned
under Ordinance 367-M will have a minimum lot size of 9,750 square feet (R-1
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minimum lot size is 7,500 square feet). He stated that the agreement resulted in
discussions as to whether this property should be R-1-A which requires a 10,000
square feet lot, with a 100' front, or R-1 that would allow a 7,500 square foot lot with a
75' frontage. The property lies north of the Lake Sumter Community College project,
west of the Levitt Homes project, and south of the Centex property which is a R-1
development. He stated that staff recommends approval of this development
agreement in conjunction with the rezoning of the property which will be addressed in
the next agenda, item.
98-336
A motion was made by Council Member Turville, seconded by Council Member
Brown and carried unanimously to approve the Development Agreement with Park
Square Homes for property north of the Lake Sumter Community College.
Final Reading of Ordinance 367-M
City Manager Saunders stated Ordinance 367-M will rezone the property addressed in
the previously approved Development Agreement from R-R Rural Residential to R-1
Residential. Mayor Pro Tem Norquist read Ordinance 367-M by title only and stated
that the request requires that a Quasi-Judicial hearing be held and that anyone wishing
to speak in favor of or in opposition to the request needs to be sworn in. No one asked
to be sworn in. City Manager Saunders stated that the Planning and Zoning
Commission and staff have recommended approval of this request.
Council Member Wolfe asked if the conditions of the previously approved Develop-
ment Agreement would transfer to new ownership if the property were sold. Attorney
George Hovis stated the agreement will run with the land.
98-337
A motion was made by Council Member Cole, seconded by Council Member Wolfe
and carried unanimously by roll call vote to adopt Ordinance 357-M to rezone
104.45 acres from R-R Rural Residential to R-1 Urban Residential located north
o_f S.R. 50, west of North Hancock Road for Park Square Homes.
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Final Reading o£Ordinance 369-M
City Manager Saunders stated that Ordinance 369-M will annex approximately 5.9
acres located on the north side of S.R. 50 approximately 1,400' east of Citrus Tower
Boulevard which is currently bounded by City limits on the east, north and west.
Mayor Pro Tem Norquist read Ordinance 369-M by title only and stated that the
request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak
in favor of or in opposition to the request needs to be sworn in. City Clerk Van Zile
swore in the following:
Howard Barry
Nancy Fullerton
Rick McCoy
439 Carroll Street, Clermont, Florida
368 Montrose Street, Clermont, Florida
713 W. Montrose Street, Clermont, Florida
Howard Barry stated he opposed the annexation because City residents do not receive
any benefits from annexations. Nancy Fullerton asked where the parcel is located and
had no objections to the annexation. Mayor Pro Tem Norquist closed the public
hearing. City Manager Saunders stated that staff recommends approval of the request
for annexation.
98-338
A motion was made by Council Member Turville, seconded by Council Member
Cole, and carried unanimously by roll call vote to adopt Ordinance 369-M to
annex 5.9 acres located on the north side of S.R. 50 approximately 1,400' east of
Citrus Tower Boulevard.
Tony Hubbard/South Lake Hospital - Resolution No. 1032
City Manager Saunders stated that the applicants are requesting a Conditional Use
Permit for two 18,000 square feet office buildings on an approximate 11-acre site
located north of S.R. 50 situated between the City's elevated water tank and the Florida
Power microwave tower. Mayor Pro Tem Norquist read Resolution No. 1032 by title
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only and stated that the request requires that a Quasi-Judicial hearing be held and that
anyone wishing to speak in favor of or in opposition to the request needs to be sworn
in. City Clerk Van Zile swore in Rick McCoy, 713 W. Montrose Street, Clermont,
Florida.
Rick McCoy asked that the Council consider delaying the requirement for sidewalks
until other development occurs in the area. City Manager Saunders stated that in the
past the Council has allowed sidewalks to be constructed when development occurs on
either side of the property or before two years, whichever occurs first.
98-339
A motion was made by Coundl Member Brown, seconded by Coundl Member
Cole, and carried unanimously by roll call vote to adopt Resolution 1032 amending
it to allow construction of sidewalks when development occurs on either side of the
property or within two years, whichever occurs first.
Final Reading of Ordinance 371-M
City Manager Saunders stated that the small scale amendments included in this
ordinance were previously adopted by the Council, however, a change in the DCA
regulations requires a re-adoption after October 1. Mayor Pro Tem Norquist read
Ordinance 371-M by title only and stated the request requires that a Quasi-Judicial
hearing be held and that anyone wishing to speak in favor of or in opposition to the
request needs to be sworn in. City Clerk Van Zile swore in Howard Barry, 439
Carroll Street, Clermont, Florida. Principal Planner Brown explained the three
amendments.
98-3~0
A motion was made by Council Member Cole, seconded by Council Member
Wolfe, and carried unanimously by roll call vote to adopt Ordinance 371-M for a
Small Scale Comprehensive Plan Amendment.
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NEW BUSINESS
Plat Approval - Whitehall, Phase II
City Manager Saunders stated that Whitehall, Phase II is a phase of the Lennar Kings
Ridge development. He stated the plat has been reviewed and recommended for final
plat approval.
98-341
A motion was made by Council Member Wolfe, seconded by Council Member
Turville, and carried unanimously to approve the final plat of Whitehall, Phase II,
a phase of the Lennar Kings Ridge development.
Change Order #3 - 100,000 Gallon Elevated Tank
City Manager Saunders stated that Change Order #3 is a decrease of $4,000 in the
contract price to Frank Shelton Utility Service for the refurbishment of the 100,000
gallon elevated tank representing liquidated damages for the 40-day delay in the
completion.
98-342
A motion was made by Coundl Member Cole, seconded by Council Member
Brown and carried unanimously to approve Change Order #3for a decrease of
$4,000 to Frank Shelton Utility Service for the refurbishment of the 100,000
gallon elevated tank.
Refunding Equipment Purchases - Resolution No. 1034
City Manager Saunders stated that Resolution 1034 will allow refunding for
equipment purchases that are made prior to any financing that we may obtain in the
future. He stated that he and Finance Director Van Zile have met with PFM, the
City's financial advisor, and they have recommended this Resolution will allow the
pre-purchase of equipment that may be included in the financing arrangements.
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98-343
A motion was made by Council Member Turville, seconded by Council Member
Cole and carried unanimously by roll call vote to adopt Resolution No. 1034 to
allow the pre-purchase of equipment that may be included in financing
arrangements.
Equipment Purchases
Telephone System: Finance Director Van Zile reviewed the bids received for an
automated telephone system for City Hall. He stated that the low bid was received
from Atlantic Communications Team, Inc. in the amount of $5,895 and the current
budget includes $6,200 for this system. He rccommcndcd approval of the low bid.
Council Members expressed concern regarding the automated system and asked for a
60-day trial period.
98-344
A motion was made by Coundl Member Turville, seconded by Coundl Member
Cote and carried unanimously to award the bid for the City Hall automated
telephone system to Atlantic Communications Team, Inc. in the amount 0_['$5,895
subject to a trial period of at least 30 days and a fee of $5OO for installation and
Computer Equipment: Finance Director Van Zile stated that bids were received for
the purchase of computer hardware to upgrade all City departments and resolve the
year 2000 computer problem. He recommended that the following vendors be
approved:
ASCI Computers, Inc.
Southern Computer Services
Vidcomm Computers, Inc.
Entex Information Services
$ 3,654.00
$14,282.57
$47,252.00
$13,661.25
TOTAL $78,849.82
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98-345
A motion was made by Coundl Member Cole, seconded by Coundl Member
Wo!fe, and carried unanimously to award the bids for the purchase of wmputer
hardware to upgrade alt City departments as_follows: ASCI Computers, Inc. for
$3,654, Southern Computer Services_for $14,282.57, Vidcomm Computers, Inc.
for $47,252 and Entex Information Services for $13,661.25.
Copier: City Manager Saunders stated that bids were received for a 30 page per minute
copier with a 20-page sorter for the Planning Department, with the low bid from Ikon
Office Solutions for a Cannon copier in the amount of $5,209.12.
98-346
A motion was made by Council Member Cole, seconded by Council Member
Wolfe, and carried unanimously to award the bid for a Cannon copier_for the
Planning Department in the amount qf$5,209.12 to Ikon Office Solutions.
Resolution 1035 - Right-of-Way Dedication
City Manager Saunders stated that Resolution 1035 will dedicate 45' of road right-of-
way along the northern boundary of the City-owned property on Hancock Road. He
stated that a portion of this property was purchased by the City for the sewage
treatment project and Hancock well project and an additional five acres was donated as
park property as a part of the Lennar Homes planned unit development. He explained
that currently a 15' right-of-way exists for Sunburst Lane and they propose to dedicate
the additional 45' in order to provide the standard 60' of road right-of-way for
Sunburst Lane.
98-347
A motion was made by Council Member Wo!fe, seconded by Council Member
Cole, and carried unanimously by roll call vote to adopt Resolution 1035 after
reading by title only by Mayor Pro Tem Norquist.
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There being no further business or discussion, the meeting adjourned at 10:10 p.m.
Ken Nor~luls~, Mi[yor Pro Tern
_Attest:
Clerk