06-09-1998 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JUNE 9, 1998
A regular meeting of the City Council of the ,City of Clermont was held Tuesday, June 9,
1998 at the Highlander Hut. The meeting was called to order at 7:30 p.m. by Mayor Pool
with the following Council Members present: Council Member Wolfe, Council Member
Brown, Council Member Cole and Council Member Norquist. Other City officials
present were City Attorney Baird, Planning Director Harker, Finance Director Van Zile
and Clerk Beasley.
INVOCATION
The Invocation was offered by Dr. Joseph Wright followed by the repeating of the
Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the regular Council Meeting held May 26, 1998 were approved as
presented.
CITY MANAGER SAUNDERS' REPORT
Institute of Government by University of Central Florida
City Manager Saunders stated that a seminar will be conducted on June 11 from 9:00
a.m. until 12:00 noon at the Mascotte Community Center by the University of Central
Florida for the Institute of Government. He urged attendance by Council Members.
Sprayfield Road
City Manager Saunders explained that the road that accesses the sprayfield and runs
along the southern edge of the sprayfield also gives access to about six homes. The
homeowners have had some grading done to the road and they are now requesting the
City to share the cost of grading, which split seven ways would be $131.
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A motion was made bv Council Member Wolfe. seconded by Council
Member Cole. and carried unanimously to pay a one-seventh share of the
road_trading costs for the road leading to the Ci~. sprayfieM.
East Avenue Street Lights
City Manager Saunders stated there are no street lights on East Avenue at the Lake
Minneola Drive intersection where the Rails to Trails crosses. Florida Power gave an
quote for two additional street lights of $815.
A motion was made by Council Member Brown, seconded by Council
Member Wolfe. and carried unanimously to approve two additional street
lights.from Florida Power on East Avenue at Lake Minneola Drive
intersection in the amount o_f$815.
Lake County Recycling Grant
City Manager Saunders stated that Lake County has received a recycling grant from the
State of Florida and each city may share in that grant. We received $8,800 last year and
about $9,500 a year for several years prior. He recommended approval on an interlocal
agreement to allow the City to share in that grant.
A motion was made bv Council Member Cole, seconded by Council
Member Norquist. and carried unanimously to approve the interlocal
agreement with Lake Coun .ty for the Recycling Grant.
Autocad Computer Program and Computer System
City Manager Saunders stated that engineering software is needed for the new City
engineer and he recommended approval of approximately $2,500 for an AutoCad system.
Also, the computer for the City Manager's office has failed and needs to be replaced. He
requested approval of up to $2,000 for a new system.
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A motion was made by Council Member Cole, seconded by Council
Member Wolfe to approve the purchase of Autocad computer software in
the amount of $2.500 and a computer System for up to $2,000.
Prepaid Recreation Impact Fees
City Manager Saunders stated that Centex Builders has prepaid recreation impact fees for
100 homes to support the City's efforts in providing recreation. A check was received
for approximately $39,000 which will be used to build a ballfield at the Hancock Road
recreation site.
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CITY ATTORNEY BAIRD'S REPORT
City Attorney Baird stated that the last parcel needed to provide access to the former
Dole-Citrus property is owned by Mr. Sutton who has agreed to sell the parcel for
$15,000 and an agreement from the City to rezone the remainder of the lot to Central
Business District. He stated that the costs of eminent domain proceedings and attorney
fees to take the property would probably exceed that figure and he recommended the
purchase and agreement.
~4 motion was made by Council Member Cole, seconded by Council
Member Norquist. and carried unanimously to purchase Mr. Sutton's
proper~. .for $15.000. and agree that the remainder of the lot may be
rezoned to Central Business District.
COUNCIL MEMBER WOLF'S REPORT
Lincoln Park Ground Breaking
Council Member Wolfe stated that the Lincoln Park ground breaking on June 6 was well
attended. The residents of the area appreciate the efforts.
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Save Our Lakes Committee
Council Member Wolfe reported he had a copy of a letter from Nancy Fullerton of the
Save Our Lakes Committee which asks the Council support their letter to the Lake
County Water Authority and the Lake County Commissioners asking them not to enter
into an agreement with Polk County for the continuing drainage from Lake Lowery.
Joseph Wright Road
Council Member Wolfe asked about the road leading to the Joseph Wright home. City
Attorney Baird stated he has not received information from Mr. Wright's attorney.
Planning Director Harker stated he received a fax that evening from Mr. Wright's
attorney that he will be dropping the required papers by the Planning Department
tomorrow morning.
MAYOR POOL'S REPORT
Mayor Pool thanked Public Service Director Davis for having the mowing done at the
S.R. 50/U.S. 27 intersection which the Department of Transportation has not mowed.
UNFINISHED BUSINESS
Road Name Change - Grand Highway
City Manager Saunders stated that with the north section of East Jacks Lake Road
running north from North Ridge Boulevard to the 90 degree turn in Mohawk Road now
under construction, we will soon have a situation ora through road from S.R. 50 to U.S.
27 with three different names, as follows: from S.R. 50 to Mohawk Road will be East
Jacks Lake Road, followed by a section of Mohawk Road until it intersects with Grand
Highway and then Grand Highway to U.S. 27. We have received two recommendations
for name changes for this road: Citrus Tower Boulevard and Oakley Seaver Boulevard.
It is staff's recommendations that the name change should also include that portion of
Grand Highway west of U.S. 27 to East Avenue to avoid a duplication of street names
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· 98-174
that do not connect. However, a petition has been received from homeowners west of
U.S. 27 to keep the name of Grand Highway from U.S. 27 west to East Avenue. Grand
Highway currently runs from U.S. 27 past Grandview Apartments north. A suggestion
has been made that this road described above be named Citrus Tower Boulevard and the
new road being constructed from east to west from East Jacks Lake Road to the future
northerly extension of Hancock Road be named Oakley Seaver Drive. This will run
along the northerly boundary of the Hospital and College sites.
Don Harris stated a petition representing 10 homeowners requests that no name change
be made to the section of Grand Highway lying west of U.S. 27. He stated that the
Grand Highway that runs north and south could be named North Grand Highway and the
section from U.S. 27 west to East Avenue can remain East Grand Highway. Greg
Homan stated that Grand Highway south of S.R. 50 in the future should named be South
Grand Highway.
A motion was made b_v Council Member Cole, seconded by Council
Member Norquist. and carried unanimously to keep the East Grand
Highway name on the section west of U.S. 27 to East Avenue and the
section.from U.S. 27 to S.R. 50 be named Citrus Tower Boulevard.
A motion was made by Council Member Norquist, seconded by Council
Member Brown. and carried unanimously to name the new road Oakley
Seaver Drive from Citrus Tower Boulevard to Hancock Road.
VISITORS WITH BUSINESS
American Eagle Fireworks
City Manager Saunders stated the American Eagle Fireworks has requested an open air
sales and tent permit to sell fireworks from June 25 through July 5 for the southwest
comer of the intersection of Highway 50 and 2 na Street. This company was located at the
same site last year without any problems. He recommended approval of the request.
CITY OF CLERMONT COUNCIL AGENDA
7:30 P.M., Tuesday, June 9, 1998
CALL TO ORDER
INVOCATION
MINUTES
Approval of Minutes of Regular Council Meeting held May 26.
REPORTS
x"X'City Manager, City Attomey,~nance Director,~yor, Counci Members.
"~oad Name Change
UNFINISHED BUSINESS
Request for name change of ~rand Highway, Mohawk Road and
East Jacks Lake Road.
'"'"x-American Eagle Fireworks
"'"'""Ed Jordan
VISITORS WITH t~USINESS
Request for tent permit and open air sales for fireworks sales on the
comer of 2"a Street and S.R. $0.
Discussion of Charter requirements.
NEW BUSINESS
Introduction of
Ordinance 288-C
'\
Jenkins Auditorium
Introduction of Ordinance 28,8.C amending Article 5, Section 31 of
of the Charter removing residency requirements of the City
Manager.
Mural refurbishment.
Clermont Post Office
Council position on future location.
Introduction of
Ordinance 349-M
Introduction of Ordinance 349-M to annex approximately 5 acres
at the southwest comer of U.S. 27 and Hartwood-Marsh Road
owned by Franklin Longenbach.
Introduction of
Ordinance 350-M
Introduction of Ordinance 350-M to rezone approximately 5 acres
to be annexed in Ordinance 350-M from UE to C-1 light
commercial.
Introduction of
Ordinance 354-M
Introduction of Ordinance 354-M adopting a small scale Compre-
hensive Plan amendment.
Change Order
Change Order #3 on DeSoto Street project to Gibbs & Register for
raising grade of 3 inlets for an increase of $1,726.
ADJOURN
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A motion was made by Council Member Norquist, seconded by Council
Member Cole. and carried unanimously to approve an open air sales and
tent permit to American Eagle Fireworks to sell fireworks at the corner of
H~hwa. v 50 and 2"d Street_from June.25 to July 5.
Ed Jordan
Mayor Pool stated Attorney Ed Jordan has requested a discussion of Charter
requirements. Mr. Jordan stated he is representing a group of Clermont citizens who
have concerns regarding the City Charter. The two issues relate to: 1) the contract of
City Manager Saunders which is a fixed term of five years with an option to renew, and
2) the City Manager residency requirements. He stated that the Charter in Article 31
states that the Council may only appoint a City Manager for an indefinite term. The prior
Council approved City Manager Saunders' contract on February 11, 1997 and Council
Member Brown and Council Member Wolfe were not part of that Board. The second
issue relates to the fact that the City Manager should reside within the City limits. He
stated he researched Chapter 166 and he finds an issue regarding whether the City has the
ability to modify the Charter without a referendum if it relates to certain topics, and one
of those topics is rights of an employee. Mr. Jordan stated that City Manager Saunders
should be required to move into the City and that any attempt to adopt Ordinance 288
would be in violation of the law since it must be adopted by referendum.
Council Member Wolfe asked if the Charter would override the contract. Mr. Jordan
stated there is an issue regarding a contract with an employee of the City with a fixed
term and Council Member Wolfe and Council Member Brown are bound by that and
would have exposure for the City for being in breach of contract even though they were
not on the Council at that time. His position is that the contract should be modified.
Mayor Pool stated he missed the Chanel 9 news the night before, but he understood that
Council Member Wolfe on camera said he had brought this issue before the Council
many times. Mayor Pool stated that only one time has the issue been before the Council
and that is when City Manager Saunders brought it up in regard to recodification during
a workshop meeting. He asked what meeting Council Member Wolfe was referring to.
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Council Member Wolfe stated he thought he brought it up to Mayor Pool after a Council
meeting outside the Council Chambers and he remembered the recodification workshop
meeting. Council Member Wolfe stated that the issue is not a high-agenda item because
there are enough other problems in this community. Mayor Pool stated that Mr.
Saunders is an outstanding City Manager. Council Member Norquist stated that he
remembered discussing the issue at a recodification workshop. He cautioned Council
Member Wolfe regarding the Sunshine Law about a vote coming up after a Council
meeting on the subject.
City Attorney Baird stated that in 1974-75 the Charter was revised according to the new
Constitutional amendment and the legislative authority which gave the cities home rule.
The legislative requirements basically state that a city's charter regarding certain items
remains a charter and any other charter provision become ordinances. The charter
provision regarding the residency of the City Manager, while it is codified in the Charter,
is a municipal ordinance. The committee in 1975 felt that the City Manger should not
have to reside within the City, however, they wanted to retain that decision for the City
Council so they would have that option. City Attorney Baird stated that regarding the
City's ability to change the residency requirement by ordinance, there is no question that
the City has the ability to change it by ordinance because it is an ordinance and not a
charter provision. He explained the Charter's requirement of an indefinite term for the
City Manager is met because the City Council has the authority to fire the person that it
hires.
Council Member Brown asked City Manager Saunders if at some point he was asked to
move into the City of Clermont if he would be willing to do that. City Manager
Saunders stated he would answer at that time.
Jim Johnson stated that it would be ridiculous if any City employees were required to live
within the City. He asked for a list of Mr. Jordan's clients. Steve Sette stated that it is a
travesty that they took away the citizen's right to vote. He stated it should be voted on as
a referendum issue.
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Charles Forth asked if permission was granted in a public meeting to allow the City
Manager to reside outside the City limits. Mayor Pool stated that 12 or 13 years ago it
was a unanimous decision of the Council to hire Mr. Saunders and a unanimous decision
to allow him to reside in his existing new home. Mr. Hal Turville, a previous Council
Member, confirmed Mayor Pool's recollections. Charles Forth stated the Charter
amendment should be voted on by the people. Charlene Forth stated City Attorney Baird
did not respond to their attorney or put it on the agenda. City administrators made it hard
for them to get a copy of the agreement allowing Mr. Saunders to reside outside the City
so they called Chanel 9 to come in to try and find the agreement. She stated it is time to
abide by what the Charter says. Robert Porter apologized to City Manager Saunders for
this situation and stated he has done an excellent job for the City. He stated political
positioning and grandstanding has overcome what is really important for the City and he
hoped that everyone will get back to the important issues of the City. Dr. James Crocker
thodght it would be nice if Mr. Saunders would move into the City limits.
NEW BUSINESS
Introduction of Ordinance 288-C
Mayor Pool stated that Ordinance 288-C is for introduction only and will be heard on
June 23 in a public hearing at Jenkins Auditorium. Mr. Ed Jordan stated that according
to an Attorney General's opinion in 1993, an alternative charter amendment method
other than what is prescribed in its charter may not be used. He stated the charter cannot
be changed by ordinance; it must be changed by referendum. Mayor Pool read
Ordinance 288-C by title only. Council Member Wolfe stated that there are enough
issues to be concerned about besides this one but since it has been brought up by a citizen
and they are being represented by an attorney, we need to do something about it. He
didn't see why we shouldn't let the people vote for it.. He wondered why we can't put it
on the ballot or get an opinion from the Attorney General before we pass an ordinance.
Council Member Norquist stated that he was given an example by a senior investigator
working for the Ethics Commission that if an official uses political position as a leverage
to circumvent the due course of a situation, it constitutes a violation. He asked City
CITY OF CLERMONT
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Attorney Baird if undue leverage may be being used against City staff and the City
Manager because of Mr. Wolfe's potential code violations and if Council Member Wolfe
should abstain from voting on the issue. City Attorney Baird stated he couldn't
recommend that anyone abstain and until there has been a determination there are Code
violations, then Council Member Wolfe is fine. Council Member Wolfe stated as far as
he knew he wasn't in violation of any code, nor has he been and he hasn't built any
docks over 500 square feet without a Conditional Use Permit.
Council Member Brown thought the issue should be voted on by referendum. Council
Member Cole stated he was on the Council when Mr. Saunders was hired and no secret
meetings were held and they didn't see any problem with him living 5 or 10 minutes
outside the City. He asked what the problem was--if the City was being run wrong it
would be in bad shape and he thinks we are in good shape. He stated we need to put all
the petty items behind us and let get to business.
Loretta Lynn, representing the Lake Sentinel asked Council Member Wolfe about a
clouded judgment and referenced a letter from the City to Council Member Wolfe about
alleged code violations. She stated she was with two St. Johns Water Management
District personnel who witnessed violations of the wetlands. Council Member Wolfe
stated she was wrong and that St. Johns did not issue any violations.
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motion was made by Council Member Cole. seconded by Council Member
Norquist, and carried unanimously to introduce Ordinance 288-C.
Jenkins Auditorium - Mural Refurbishment
City Manager Saunders stated that the mural on the front of Jenkins Auditorium is in
need of refurbishment or replacement since it has faded and weathered over the years.
Janice Gwyn, a local mural artist who attended the last Council Workshop, has presented
a proposal to repaint the mural. A small rendering of the mural which will be painted
was presented to the Council at the Workshop meeting and the cost for this will be
$1,950 which includes the protective coating discussed with the Council.
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A motion was made by Council Member Cole. seconded by Council Member
Wolfe. and carried unanimously to approve $/l,950 to Janice Gwyn to repaint the
Jenkins Auditorium mural, including a protective coating.
Clermont Post Office
Mayor Pool stated that Post Master Willie Montgomery has requested that the City
Council take an official position regarding the future location of the Post Office. He
asked that the Council consider a new post office or a continuation of the existing post
office with a relocation of the business section, with the retail section to be left in the
downtown area.
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The new facilitywould be a full-servicefacilitywhich could beloc~edin a central
locmion.
A motion was made by Council Member Cole, seconded by Council Member
Brown and carried unanimously to request a new full-service facili~, in a central
location and maintain the existing post o_~ce as a retail outlet.
Introduction of Ordinance 349-M
City Manager Saunders stated that Ordinance 349-M is for introduction only and will
annex approximately five acres into the City limits located at the southwest comer of
Hartwood-Marsh Road and U.S. 27. The parcel is directly south of the proposed
Legends development by Lennar Homes and is the north comer of the Vistas project.
Mayor Pool read Ordinance 349-M by title only and stated that the public hearing will be
held on June 23 at Jenkins Auditorium.
A motion was made by Council Member Cole. seconded by Council Member
Norquist. and carried unanimously to introduce Ordinance 349-M.
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Introduction of Ordinance 350-M
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City Manager Saunders stated that Ordinance 350-M will rezone the five acres to be
annexed under the previous ordinance from U-E to C-1 Commercial. The property is
currently zoned commercial in Lake County. Mayor Pool read Ordinance 350-M by title
only and stated that the public hearing will be held June 23 at Jenkins Auditorium.
A motion was made bv Council Member Norquist, seconded by Council Member
Wolfe. and carried unanimously to introduce Ordinance 350-M.
Introduction of Ordinance 354-M
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City Manager Saunders stated that Ordinance 354-M is for introduction only and will
adopt the Small Scale Comprehensive Plan amendments that were reviewed with the City
Council at last month's Workshop meeting. Mayor Pool read Ordinance 354-M by title
only and stated that the public hearing will be eld June 23 at Jenkins Auditorium.
,,t motion was made by Council Member Cole. seconded by Council Member
Wolfe. and carried unanimously to introduce Ordinance 354-M.
Change Order
City Manager Saunders stated a change order for the storm water project that was
recently completed on West DeSoto Street and Montrose Street is for Gibbs & Register.
Because of a conflict with the elevations between the existing sidewalk and the top of
curb, three storm water inlets had to be reconstructed. Change Order #3 includes the
elevation work in the amount of $1,726 and he recommended approval. Springstead
Engineering has provided the City with a credit of this same amount accepting
responsibility for not providing for this conflict in the original plans.
A motion was made by Council Member Norquist, seconded by Council Member
Cole. and carried unanimously to approve Change Order #3 to Gibbs & Register
for the storm water project on DeSoto Street in the amount orS1, 726.
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WORKSHOP
Council Members agreed to hold a Workshop at 6:00 p.m. on June 15 in the Council
Chambers at the Police Department and include Sterling Frey's Center Lake presentation.
AUDIENCE COMMENTS
Direction of Council
Greg Homan encouraged the Council not to participate in pettiness and bickering and
stay focused on important business.
Code Violations
Loretta Lynn of the Lake Sentinel asked Council Member Wolfe about possible code
violations referenced in a letter from the City. She referenced a County building permit
with impact fees for a change in use from storage to showroom which is not registered
with the City. Council Member Wolfe stated it has always been used as a showroom and
he had no change of use and must have money coming back.
There being no further business or discussion, the meeting adjourned at 9:36 p.m.
Attest:
.~./J~eph E. Van 7~i'-I/e, City 121erk