05-26-1998 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 26, 1998
A regular meeting of the City Council of the City of Clermont was held Tuesday, May
26, 1998 in the Council Chambers at the Police Department. 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 12, 1998 were approved as
presented.
CITY MANAGER SAUNDERS' REPORT.
Community Redevelopment Public Hearing
City Manager Saunders encouraged everyone to attend the public hearing for the
Community Redevelopment Agency for the Downtown Redevelopment District to be
held at Jenkins Auditorium on Thursday, May 28 at 7:00 p.m.
Legal Aid Society Request to Use Neighborhood Center Facility
City Manager Saunders stated that the Legal Aid Society of the Orange County Bar
Association, a non-profit organization that provides general civil legal service to low
income persons, and immigration services is requesting to use the Clermont Neighborhood
Center for half a day, once a month. The Board for the Neighborhood Center endorse the
request for use.
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A motion was made bY Council Member Cole, seconded bY Council
Member Wolfe, and carried unanimous!¥ to approve the use ora meeting
room in the Clermont Neighborhood Center to the Legal Aid Socie_ty for the
Orange Coun_t¥ Bar Association.
Workshop Scheduled
Council Members agreed to schedule a Workshop for Thursday, June 4, 1998 at 6:00
p.m. to be held in the Council Chambers at the Police Department to discuss plans for
property at East Avenue and Grand Highway and discuss ideas for murals around town.
COUNCIL MEMBER BROWN'S REPORT
Council Chambers
Council Member Brown requested that future Council Meetings be held in an area that
will accommodate the increased numbers that have been attending. City Manager
Saunders reported that the group that had Jenkins Auditorium reserved on Tuesday nights
have found other arrangements as of June 1. Council Members agreed that Jenkins
Auditorium should be used for future meetings.
COUNCIL MEMBER WOLF'S REPORT
Lincoln Park Recreation Area Ground Breaking
Council Member Wolfe invited everyone to attend the Lincoln Park Recreation Area
ground breaking ceremony on June 6 at 9:00 a.m. A park cleanup will be held at that
time also.
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Minnehaha Avenue
Council Member Wolfe stated he received a call from Mr. Hester who is concerned about
the speed on Minnehaha Avenue. He asked if 4-way stops signs should be added or
increase enforcement. City Manager Saunders stated the Police Department is increasing
the enforcement in that area and if that doesn't help, stop signs will be added.
COUNCIL MEMBER NORQUIST'S REPORT
Council Member Norquist reported that he visited the Waterfront Park parking area with
Joe Holt and found that parking and the crowds were out of control. He suggested that
personnel be assigned on holidays and weekends. He also suggested closing the beach
when the parking area is full.
MAYOR POOL'S REPORT
Lake County Water Authority
Mayor Pool complemented the Lake County Water Authority for giving the City a
$120,000 grant for the relocation of the boat ramp. He also recognized them for having a
very nice Memorial Day celebration at Hickory Point Park.
Highland Avenue and Hampton Street
Mayor Pool stated the parking near the soccer area on weekends on Highland Avenue and
Hampton Street restricts vision near the intersection. He also stated that a porta-potty
was offending some residents in the area and asked that it be moved near the existing
building rather than near the residential area.
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Brogden Avenue
Mayor Pool reported that residents have requested a 3-way stop sign on Brogden Drive.
VISITORS WITH BUSINESS
Greater Construction Co. = Variance Request
Mayor Pool stated that Greater Construction is proposing to develop a new subdivision
on the east side of Hancock Road south of Highway 50. He stated that a Quasi-Judicial
hearing is required for this request, and that anyone wishing to speak in favor of or in
opposition to the request should be sworn in. City Clerk Van Zile swore in Hamp
Connelly, Greater Construction and Karen Dowling, Florida Rock, and Howard Barry,
439 Carroll, Clermont.
Mr. Connelly stated that the new development to be built on Hancock Road called the
Hills of Clermont will be a gated community and they are requesting private streets.
City Manager Saunders stated that our Code requires all streets to be public streets. A
developer can request private streets for a gated community. The City Council has
approved this type of request in the past, however, the streets are required to be
constructed to City specifications so if at some time in the future the residents choose to
make the roads public, there is no problem with the right-of-way width or the type of
construction. He stated that staff recommends approval of the request for private streets
within this gated community.
Karen Dowling stated she represented Florida Rock and wanted the new home owners to
be aware that Florida Rock Industries has long hours of operation and intends to stay in
that area. A letter was entered for the record.
Howard Barry asked who pays for City services. City Manager Saunders stated that
home owners will be paying the same taxes as other City tax payers and the City will not
be required to maintain the streets because the homeowners will have that responsibility.
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98-.157
A motion was made by Council Member Wolfe, seconded by Council
Member Cole, and carried unanimously to approve the variance for private
streets in the Greater Construction Co. Hills of Clermont development on
Hancock Road.
Magic Moments Learning Center - Resolution No. 1002
City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to
allow a summer daycare program to operate on a temporary basis at the American Legion
building located at the comer of 11~ and DeSoto Streets. Mayor Pool read Resolution
No. 1002 by title only and stated that a Quasi-Judicial hearing is required for this request,
and that anyone wishing to speak in favor of or in opposition to the request should be
sworn in. City Clerk Van Zile swore in Sam Allison, 885 W. DeSoto Street, Clermont.
Mr. Allison stated they wanted to use the American Legion building on a temporary basis
for the day care summer program from June 1 through August 1.
City Manager Saunders stated that the Planning and Zoning Commission and staff
recommend approval of the request with the conditions as stated in Resolution 1002.
A motion was made bY Council Member Brown, seconded bP Council
Member Norquist, and carried unanimousl_¥ bY roll call vote to adopt
Resolution No. l O02_for a Conditional Use Permit for the Magic Moments
Learning Center.
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Ralph and Rita King - Resolution No. 1003
City Manager Saunders stated that the applicants are requesting a one-year extension of
time for the operation of a Montessori school located in the Clermont Commons Business
Park at 234 Mohawk Road. Mayor Pool read Resolution No. 1003 by title only and
stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing
to sPeak in favor of or in opposition to thc request should bc sworn in. No one asked to
be sworn in.
City Manager Saunders stated the applicants have been operating a Montessori School for
the last year and they are asking for a one-year additional period. The applicants are also
requesting approval of an expansion of the project from 20 students to 42 students and
expansion of facility space from 1,025 to 3,000 square feet. Additional teachers would
also be placed on staff to meet the additional requirements. The Planning and Zoning
Commission and staff are recommending approval of this request with the conditions
outlined in Resolution 1003.
98-158
A motion was made by Council Member Norquist, seconded bY Council
Member Cole, and carried unanimousl_¥ bY roll call vote to adopt Reso-
lution 1003 granting a Conditional Use Permit for Ralph and Rita Kingfor
a Montessori School at 234 Mohawk Road in the Clermont Commons.
Renee Lowe - Resolution No. 1004
City Manager Saunders stated that the applicant is requesting a Conditional Use Permit
for the operation ora daycare in a R-3-A residential professional district at 1001 East
Avenue. Mayor Pool read Resolution No. 1004 and stated that a Quasi-Judicial hearing
is required for this request, and that anyone wishing to speak in favor of or in opposition
to the request should be sworn in. City Clerk Van Zile swore in Renee Lowe, 15537
Kensington Trail, Clermont.
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Renee Lowe stated she is requesting to locate a day care center at 1001 East Avenue
which was the former location of Becker Limousine.
City Manager Saunders stated that surrounding land uses include residential to the north,
residential and professional to the south, professional and commercial and Bishop Field
located to the west. The Planning and Zoning Commission and staff are recommending
approval with the conditions stated in 1004.
A motion was made bY Council Member Norquist, seconded by Council
Member Wolfe' and carried unanimously by roll call vote to adopt
Resolution No. 1004 to grant a Conditional Use Permit to allow a dca/care
center at 1001 East Avenue for Renee Lowe.
UNFINISHED BUSINESS
Final Reading of Ordinance 287-C
City Manager Saunders stated that Ordinance 287-C will amend the parking requirements
for the Central Business District and will also amend the maximum height limitations for
any structures throughout the City. Mayor Pool read Ordinance 287-C by title only and
stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing
to speak in favor of or in opposition to the request should be sworn in. City Clerk Van
Zile swore in the following:
Howard Barry
Joe Washuta
JeffBiddle
439 Carroll, Clermont
847 W. Minneola, Clermont
915 W. Montrose Street, Clermont
City Manager Saunders stated that the ordinance relaxes the parking requirements and
increases the height allowed from 35' to 45' for non-occupied areas.
Jeff Biddle recommended that the auditorium/cinema category (#7) be changed to 1
parking space per 8 seats and bed and breakfast (#8) to 1 parking space per room.
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Howard Barry objected to a height limit of 45' so that high-rises would not be allowed.
He proposed 38'. City Manager Saunders stated that inhabited areas cannot be higher
than 35' which will only allow three floors.
Joe Washuta asked what happens to the central business district parking spaces purchased
by a business if the business moves. City Manager Saunders stated that the parking will
stay with the building.
City Manager Saunders agreed that #7 (auditorium/cinema) could be changed to 1 space
per 8 seats and #8 (bed and breakfast) to 1 parking space per room. Staff recommends
approval of the changes.
A motion was made bY Council Member Wolfe, seconded bY Council
Member Brown, and carried unanimous!¥ bY roll call vote (with Council
Member Norquist abstaining) to adopt Ordinance No. 287-C as amended
revising catego~_ #7 auditorium/cinema to 1 per 8 seats, and #8 bed and
br. ea~_ ast to 1 per room.
Final Reading of Ordinance 346-M
City Manager Saunders stated that the applicant is requesting annexation of
approximately 15 acres that lies east of Highway 27 south of Steve's Road. Mayor Pool
read Ordinance 346-M by title only and stated that a Quasi-Judicial hearing is required
for this request, and that anyone wishing to speak in favor of or in opposition to the
request should be sworn in. City Clerk Van Zile swore in the following:
Howard Barry
Kathy Hillary
439 Carroll, Clermont
2390 Lakeview Avenue, Clermont
Kathy Hillary stated the 15 acres is surrounded by the City and she requested annexation
and consistent rezoning. Planning Director Harker stated that the property is essentially
an enclave and is designated C-1 in the County.
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Howard Barry stated he is opposed to all annexations because he didn't know of any
advantage to the majority of residents of the city or county for any annexations. He asked
what advantage the annexations were to the residents of Clermont. Mayor Pool explained
the differences in regulations of the County and the City.
City Manager Saunders stated that staff recommended approval of the annexation. Mayor
Pool closed the public hearing.
A motion was made bY Council Member Cole, seconded bY Council
Member Wolfe, and carried unanimously b? roll call vote to adopt
Ordinance 346-M.
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Final Reading of Ordinance 347-M
City Manager Saunders stated that the applicants are requesting to rezone the
approximate 15 acres annexed in the previous ordinance from U.E. Urban Estate to C-1
Commercial. Mayor Pool read Ordinance 347-M by title only and stated that a Quasi-
Judicial hearing is required for this request, and that anyone wishing to speak in favor of
or in opposition to the request should be sworn in. City Clerk Van Zile swore in Kathy
Hillary, 2390 Lakeview Avenue, Clermont.
Kathy Hillary requested to rezone the 15 acres from U.E. to consistent zoning. City
Manager Saunders stated that the original request was for C-2 commercial and the
property is currently zoned commercial in the county. The applicant agrees with staff's
recommendations to zone the property C-1 commercial.
A motion was made by Council Member Cole, seconded by Council
Member Norquist, and carried unanimously bY roll call vote to adopt
Ordinance 347-Mas amended to C-1 commercial.
Final Reading of Ordinance348-M
City Manager Saundners stated that the applicant is requesting to annex approximately
180 acres east of Highway 27 south of Hartwood-Marsh Road. 160 acres of the property
CITY OF CLERMONT
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lies south of Hartwood-Marsh Road with the remaining 20 acres north of Hartwood-
Marsh Road, all east of U.S. 27. The property is generally located southeast of the Kings
Ridge Development. Mayor Pool read Ordinance 348-M by title only and stated that a
Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in
favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in
the following:
Cecelia Bonifay
Matthew Modica
Cary Rose
Gary Logan
Virginia Jones
Ernie Brubaker
Patricia Benjamin
Charles Forth
Charlene Forth
131 W. Main Street, Tavares
1606 Penzance Street, Clermont
10821 Foxhole Road, Clermont
16356 Hartwood-Marsh Road, Clermont
16650 Skillet Road, Clermont
11634 Sadder Court, Winter Garden
16710 Skillet Road, Clermont
939 W. DeSoto Street, Clermont
939 W. DeSoto Street, Clermont
Cecelia Bonifay, attorney for the owners of the Lincoln Groves property, stated the
owners have had the property for many years. The property is adjacent to Kings Ridge
and zoned agricultural which allows five-acre tracts or ranchettes. She stated they are
requesting the UE zoning that the City recommended which is one unit per acre.
Matt Modica stated he is opposed to the annexation because people are concerned about
their quality of life and he doesn't think the City should expand the City limits.
Emie Brnbaker stated he was opposed to the rezoning because that encroachment of the
City limits cuts into the style of life and they moved there to get away from people.
Gary Logan stated he was opposed to the annexation. They moved there to have a
country setting and a five-acre tract provides a nice place to live. He wanted the area left
as it is. Charles Forth was opposed to the annexation. He stated the annexation increases
the County's density of one unit per five acres to the City's density of one unit per one
acre and the Council has the authority to increase the density. Patficia Benjamin was
opposed to the annexation because she moved there to get away from the center of
everything and she wants the area to stay as it is now. Virginia Jones was opposed to the
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annexation because she moved to the area for seclusion and wants it to stay as it is. Mr.
Rose stated he didn't oppose the annexation but asked for decreased density. Charlene
Forth asked when is enough, enough. She stated there were a lot of people who knew
that water and sewer doesn't pay for itself.
City Manager Saunders stated the property would be brought into the City as U-E Urban
Estate, but will be one unit per five acres until the Comprehensive Plan is amended. The
annexation application states that the property would be proposed to be used for
residential and professional offices, however, a rezoning request would have to come
back to the City Council. Mayor Pool closed the public hearing.
.drier considerable discussion, a motion was made bY Council Member
Norquist, seconded bY Council Member Cole and carried by roll call vote
three to two with Council Member Wol_f and Council Member Brown voting
n~_ to adopt Ordinance 348-M.
Final Reading of Ordinance 353-M
City Manager Saunders stated that Ordinance 353-M will rezone approximately five acres
located north of Highway 50 on the west side of Hancock Road from R-R Rural
Residential to C-2 Commercial. Mayor Pool Read Ordinance 353-M by title only and
stated that the request requires that a Quasi-Judicial heating be held and that anyone
wishing to speak in favor of or in opposition to the request should be sworn in. City
Clerk Van Zile swore in Doug Kelly, 214 E. Lucern Circle, Orlando 32801.
Doug Kelly, a land use planner with Miller & Sellen stated they are applying for a C-2
Commercial rezoning of five acres which is designated commercial on the Future Land
Use Map. The property has approximately 600 linear feet of frontage along North
Hancock Road.
City Manager Saunders stated the City's Future Land Use Map and a portion of the
Comprehensive Plan does indicate a commercial node around the intersection of Highway
50 and Hancock Road and commercial use of this property would be in conformance.
The surrounding property is currently undeveloped, however, several Conditional Use
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98-165
Permits and Planned Unit Developments have been approved in the general location
which includes Lake Sumter Community College and Hospital campuses to the north and
west, and the Levitt Homes retirement co ,mmunity to the east. The Planning and Zoning
Commission and staff recommend approval.
A motion was made b? Council Member Norquist, seconded bY Council
Membqr Cole, and carried unanimousl? b? roll call vote to adopt
Ordinance 353-M.
NEW BUSINESS
Bid Award - Contract Mowing
City Manager Saunders stated two bids were received for mowing services for our storm
water retention areas: T.J.'s Mowing for $70,200 and Horticultural Industries, Inc. for
$171,000. These amounts are considerably higher than the current contract. A total of
$30,000 is in this year's budget for contract mowing and Public Service Director Davis is
recommending that we reject both of these bids and allow him to re-bid the project. We
have had some interest, from other companies and we anticipate receiving other bids.
M motion was made bY Council Member Cole, seconded b? Council
Member Wolfe, and carried unanimousl_¥ to reject all bids and approve the
rebidding for mowing services for the storm water retention areas.
Bid Award - Risk Management Consultant
City Manager Saunders stated that three proposals were received for consultants to
review our risk management program. The scope of the work would include review of
our current risk management procedures and programs, including our insurance coverages
and contracts in all areas followed with recommendations for modifications and
improvements. Three proposals were received as follows:
Interisk Corporation $3,300
Waters Risk Management $8,000
Siver Insurance Consultants 12,000
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98-167
Finance Director Van Zile stated that Interisk Corporation is independent of the insurance
industry. He stated he contacted several references for Interisk Corporation and has
received POSitive responses. We have a total of $5,000 in this year's budget for these
services.
A motion was made by Council Member Cole, seconded bY Council
Member Wolfe, and carried unanimously to award the bid to Interisk
Corporation in the amount 0['$3, 300 to review the current risk
management procedures and policies.
Bid Approval - City's Portion of County-Wide Paving
City Manager Saunders stated that each year Lake County allows the cities in the County
to add street paving in the County-wide resurfaeing program. By including the City's
street resurfacing with the County's project, the City is able to receive a better price for
the work. The City Council previously approved the list of streets to be resurfaced this
year. The low bidder for this year's project is Paquette Paving with the City's cost being
$35,500. He recommended Council approval to enter into an agreement with Lake
County for this portion of the pavement and stated $40,000 was included in this year's
budget for street resurfacing.
M motion was made bP Council Member Cole, seconded bY Council
Member Brown, and carried unanimous!¥ to approve the agreement with
Lake County for the City's portion of the pavement bid with Paquette
Paving in the amount of $35, 500for the City's repaving project.
AUDIENCE COMMENTS
Boat Ramp
Nancy Forbes, 368 Montrose Street stated she didn't think the boat ramp belonged in the
City limits. She suggested 12~ Street at the trestle. She asked if there had been an
environmental study of the Dole-Citrus property. City Attorney Baird stated an
environmental study done before the purchase.
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Gayle Syres, stated they moved to South Lake County because of the lakes. He and his
wife reviewed the shoreline by boat around the Clermont Chain of Lakes. Subdivisions
near the lake often provide boat ramps and he stated he counted 12 boat ramps providing
exclusive access to their residents. They counted 734 boat slips providing unlimited
access for the residents who live on the Chain of Lakes. They counted 5 marinas that
contain 191 boats for the exclusive access of the people who use those marinas. For all
those people who don't live on the Chain of Lakes or in those subdivisions, 33 parking
spaces are available (110 if the Clermont ramp is built). Council Member Wolfe stated
he believed there are 20 boat ramps for the subdivisions.
Mohawk Road Extension Complaints
Carol Miller, 1130 Chelsea Park Drive asked why the Jaymark Construction is able to
work without a permit and when a cease and desist order has been issued. She
complained that a film of sand and red clay covers herproperty and her neighbors. They
have been complaining consistently about construction starting at 6:30 a.m. Planning
Director Harker explained that Zagame has a clearing and grading permit which allows
moving dirt on a certain portion of the property and he was told to use a water track to
keep the dust down. He stated there is a cease and desist order still in effect which keeps
him from putting any pipe into the ground and the Code Enforcement Officer and
Engineering people were at the property several times. Joanne Crawford, 1134 Chelsea
Park Drive stated that Jaymark put in sewer pipes and manholes today. She talked with
Mr. Zagame about starting before 7:00 a.m. and he told her he would start work when he
pleased. City Manager Saunders stated that if they don't cease and desist, Code
Enforcement will issue a Code Violation Notice, and if that is ignored, the violation will
be brought before the Code Enforcement Board which can charge a daily fme.
Dwayne Milburn, 207 Willow Bend Drive, Clermont asked if Mr. Zagame was allowed
to pump water from Willow Lake, and how much. Planning Director Harker stated that
he was allowed to pump 2' of water from an established elevation.
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Highway 50 Water-Sewer Line
Mrs. Frances Hattie said she represented herself and Hartle Groves regarding the City
utilities east of town on Highway 50. She read an Orlando Sentinel article dated August
28, 1996 regarding new development with 526 residential units east of Clermont. She
stated Chief Planner Brown called her last June regarding about 30' easements that were
needed north and south of Highway 50. She said she was advised that she should sign
them or it would cost her a lot of money. She presented pictures of the easement area
showing construction trash and stated that after a month, a portion of Hattie Road still
needs paving. She stated that boring was required under 455. Contractors admitted they
should have obtained permission from her because they went 80' beyond the given
footage. South side easements were signed March 17, 1998 and she stated a water-T was
installed at thc entrance of the comer of the property and no mention had been made of it
in her meetings with City officials. She requested that fresh sod be placed in her front
yard area.
City Manager Saunders explained that easements were obtained in this area for water and
sewer lines because the City is unclear what DOT's plans are for S.R. 50. The contractor
doing the work is working for Magnolia Pointe Development not the City, but the
contract with the contractor was reviewed to make sure that the property would be
restored with sod, etc. and a videotape was made of the area before work began. The
City will not provide service if the property owners are not satisfied.
DeSoto Street Storm Drain
Doris Freeman, 1124 W. DeSoto Street, Clermont reported the drain had been fixed in
front of her home and sod was replaced. She stated that she watered the so'~l'b'eeause the
City didn't but her neighbors didn't water and the sod died.. She asked if_an,.adj.ustment
will be made to her water bill. City Manager Saunders stated the contractor was
responsible for watering the sod. He has been notified that he needs to replac.e the sod
that died. Mayor Pool stated that when she receives her water bill she should contact the
billing department.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
MAY 2ti, 1998
Page
There being no further business or discussion, the meeting adjourned at 10:06 p.m.
Robert A. Pool, Mayor
Attest: