08-22-2000 Regular MeetingT
CITY OF CLERMONT
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A regular meeting of the City Council of the City of Clermont was held Tuesday, August 22,
2000 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville
with the following Council Members present: Council Member Biddle, Council Member
Mullins, Council Member Lamb and Council Member MacLauchlin. Other City officials present
were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, Planning
Director Brown and Deputy City Clerk Maddox.
INVOCATION
The Invocation was offered by Council Member Mullins followed by the repeating of the Pledge
of Allegiance to the Flag by all present.
MINUTES
A motion was made by Council Member MacLauchlin, seconded bp Council
Member Mullins, and carried unanimously to approve the minutes o_f the Special
Council Meeting hem August 2, 2000 and the regular Council Meeting hem
August 8, 2000.
CITY MANAGER SAUNDERS' REPORT
Workshop
City Manager Saunders reminded the Council Members of the Council Workshop scheduled for
Monday, August 28, 2000, at 6:00 p.m. at the Police Department Community Room.
City'Manager Saunders stated that Public Services Director Davis received only one quote to test
the well for Hancock Park before the well was converted for use for the park. Mr. Saunders
stated that the quote was received from Meredith Environmental in the amount of $6,000 and Mr.
Davis requests permission to utilize Meredith Environmental for that test pumping.
A motion was made bp Council Member Mullins, seconded by Council Member
Biddle, and carried unanimously to approve the quote_from Meredith
Environmental in the amount o_f$6, 000 to do the test well.
CITY ATTORNEY GUTHRIE
No report.
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FINANCE DIRECTOR VAN ZILE
No report.
COUNCIL MEMBER MacLAUCHLIN
No report.
COUNCIL MEMBER LAMB
No report.
COUNCIL MEMBER MULLINS
No report.
COUNCIL MEMBER BIDDLE
No report.
MAYOR TURVILLE'S REPORT
Mayor Turville stated that the Hob Nob held at Kings Ridge earlier in the evening was
very well attended.
Mayor Turville recognized Oakley Seaver for his donation of crepe myrtle trees planted in the
cemetery and his encouragement of other Clermont citizens to donate trees to our City. Mayor
Turville expressed the City's appreciation for Mr. Seaver's contributions and efforts on the
Beautification Committee.
Mayor Turville read portions of a letter received from the Seminole County Sheriff commending
the Clermont Fire Department and more specifically their dive team for their assistance to
Seminole County in a recent search. Mayor Turville stated that the Seminole County Sheriff
indicated that they would be requesting assistance from Clermont's Fire Department in the future
to assist in the development and training their dive team. Mayor Turville also read a letter from
Fox 35 commending Clermont Fire Fighters on their assistance and support for the Muscular
Dystrophy Telethon. Mayor Turville then read a Proclamation proclaiming the week of August
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CITY OF CLERMONT
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27, 2000 through September 2, 2000 as Clermont Fire Fighters Appreciation Week and
recognized several of the City's Fire Fighters who were in attendance.
CONSENT AGENDA
Mayor Turville read the items listed on the Consent Agenda and asked that if anyone wished any
item to be pulled for discussion.
Item No. 1
Plat Approval Clermont Yacht Club
A motion was made by Council Member Lamb, seconded by Council Member
Biddle, and carried unanimously to approve Items one on the Consent Agenda.
UNFINISHED BUSINESS
Hunter's Trace Investment, Inc.-Bob Wade
Mayor Turville stated that Staff is requesting this matter be tabled until the next City Council
Meeting.
City Manager Saunders stated he and Mr. Wade met and discussed conceptual ideas regarding
the old drive-in theater sign. Mr. Saunders stated that he feels that conceptual drawings need to
be provided for the Council's review before a decision is made so he is recommending this be
tabled.
Bob Wade stated that he will work with the City regarding the sign but would request that the
Council approve and advise him of the percentage of the sign that may be used for business
advertising and the percentage that may be used for community service and event advertising.
Mayor Turville stated he agreed with the City Manager that the matter should be tabled until the
Council has drawings to review.
Council Member Lamb questioned what exactly needed to be decided about the sign and
acknowledged that she was absent at the last Council Meeting but had reviewed the Minutes.
City Manager Saunders explained that our Code does not allow off-site signs. Mr. Saunders
stated that he and Mr. Wade discussed requesting the Council consider the possibility of Mr.
Wade donating the sign to the City in return for being able to allow a portion of the sign to be
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used to advertise those businesses that are a block south of the sign and the changeable copy
portion of the sign would continue to be used to advertise community events.
Council Member Lamb asked if the City makes it a habit to tear down signs that are historical
signs and City Manager Saunders stated that this sign is an off-site sign and has been non-
conforming for many years.
Ms. Lamb stated she felt the sign was an historical monument and City Manager Saunders stated
that the issue is that Mr. Wade is requesting to now use the sign for off-site advertising for
businesses, similar to a billboard, which is against the City's sign ordinance and Mr. Wade is
requesting a variance and at the last Council Meeting staff recommended denial of the variance.
Mr. Saunders stated that after discussion there was consensus of the Council at the last meeting
that he and Mr. Wade get together and see if there was a way to compromise and perhaps save
the sign. City Manager Saunders stated that he is not prepared tonight to make a
recommendation to the Council for their consideration until Mr. Wade can provide conceptual
drawings of how the sign will be used for the Council's review and if the City Council would
like to consider this further, he would suggest coming back with more information.
Council Member Biddle stated that the reason this matter was tabled at the last Council Meeting
was to give Mr. Wade time to come to an agreement with the City and hopefully save the sign.
Mr. Wade stated he would propose that the City have use of a portion of the sign and Mr. Wade
would pay the taxes on the sign, do the maintenance and consult with the different organizations
to keep community events announced on the sign and the businesses located offHighway 50
would have the use of the other portion of the sign. Mr. Wade asked if the Council would at least
make a decision on the percentages for the use of the sign.
After further discussion there was consensus that the Council wanted to see drawings before they
made a decision.
,4 motion was made by Council Member MacLauchlin, seconded bp
Council Member Biddle, and carried unanimously to table the variance
request to a time certain at the September 26, 2000 Council meeting and
that this matter will be on the August 28, 2000 Workshop Agenda.
Mayor Turville requested that Council Member Biddle give a status of the City of
Clermont Main Street designation. Council Member Biddle stated that the Clermont
Main Street organization will present their application on Thursday at 8:45 a.m. to a 10-
member committee that will decide whether Clermont will get designated at a Main
Street city. Mr. Biddle invited everyone to attend and ride to Orlando on the bus for the
CITY OF CLERMONT
ONE WESTGATE PLAZA
POST OFFICE BOX 120219
CLERMONT, FLORIDA 34712-0219
Telephone: (352- 394-4081
Fax: (352) 394-1452
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO:
To~
JIMMY CRAWFORD, ESQ.
394-2105
Number of Pages
Including Cover -6
FOR IMMEDIATE DELIVERY
From:
Re~
Date:
Patricia L. Maddox, Deputy City Clerk
OFFICE OF THE CITY MANAGER
AUGUST 22, 2000-MINUTES
September 13, 2000
DOCUMENTS NUMBER
MINUTES 5
COMMENTS:
Jimmy: Here are the parts of the August 22, 2000 Minutes pertaining to Lake Estates. These Minutes have
been approved by Council.
Thank you.
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presentation and stated that having a lot of public support makes a big difference to the
committee.
Resolution No. l136-Lake Sumter Community College
City Manager Saunders stated that in order to allow time for the College to provide additional
information, there is a request that this matter be tabled to the next meeting.
A motion was made bp Council Member Biddle, seconded by Council Member
Mullins and carried unanimously to table Resolution No. 1136 to a time certain at
the September 12, 2000 Council meeting
Ordinance No. 401-M-Final Reading
Planning Director Brown stated that the next three agenda items which are a Small Scale
Comprehensive Plan Amendment, a re-zoning and a request for a Conditional Use Permit, relate
to the same property. Mr. Brown stated that the location of the property is the southwest comer
of Bloxam Avenue and Hunt Street and he presented to the Council an overhead projection of the
property. Mr. Brown stated that the applicant wants to develop a townhome project on 6.7 acres
of a larger 16 acre parcel, which requires a small scale amendment, a re-zoning and a CUP.
Planning Director Brown stated that the current Land Use District UD-4 does not allow for
density greater than 4 units per acre and to revise the district language to allow for the greater
density requires a full scale amendment and approximately 9 to 12 month for processing, and
State approval. Mr. Brown stated that the applicant is therefore requesting to change the Land
Use District to UD-3, the district adjacent to and east of the subject property. Mr. Brown stated
that UD-3 does allow for the increase residential density and can be accomplished with a small
scale amendment that would be approved in approximately 60 days. Mr. Brown stated that UD-3
does allow tourist accommodations, however, the land use classification and the zoning would
preclude the tourist accommodation use. Mr. Brown stated that north and directly adjacent to the
subject property is Tower Grove, a 51-unit townhome community and north of Tower Grove is
Southern Villas, a 52-unit townhome community and that since the proposed use is similar to
other projects in the area, staff recommends approval of the request for the small scale
amendment and the re-zoning. Mr. Brown stated that the Planning and Zoning Commission and
they denied the request.
Attorney Jimmy Crawford, representing the applicant, passed out drawings of the proposed
project and addressed the Planning and Zoning Commission's concerns. Mr. Crawford stated
that the P & Z seemed concerned that perhaps the developer was making promises that the
townhomes would look a certain way, but stated that the Council can make enforceable
conditions through the CUP process. Mr. Crawford addressed the Planning and Zoning
Commission's concerns and stated that most of the multifamily projects already approved in
Clermont were apartments and their project was a low density, multifamily, townhome
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development and not short-term rentals or unified ownership. Mr. Crawford stated that UD-3
allows tourism however the land use classification for their project is remaining residential. Mr.
Crawford stated that they are building landscape buffers on both sides of the project and the
single family homes will all be on notice that there are townhomes being developed on the
property. Mr. Crawford stated that they would consider doing the buffer with a wall or berm if
Council desires that. Mr. Crawford stated that the developers of the project took out the access
to Bloxam that was originally in their plan and made that area an additional park. Mr. Crawford
stated that they agree, as conditions of the CUP, not to exceed the 6.4 units per acre, to build the
20-foot landscape buffer between the townhomes and the single-family residential, to build a
wall or berm if the Council desires that, to a notice recorded in the Declaration that the
townhomes are going to be built, and if the Council desires they will attach a copy of the
elevation to the CUP and agree that the buildings shall be substantially in accordance with the
elevation.
Mayor Turville invited any questions or comments.
Frank Caputo, a member of the Planning and Zoning Commission stated that a major concem of
the Commission was the fact that the City has already established a natural buffer which is Hunt
Street and they did not want the multifamily extended beyond Hunt Street. Mr. Caputo stated
that the Commission was also concerned about the increase in traffic on Bloxam and stated that
there are townhomes being developed in Lost Lake.
City Manager Saunders stated that the Lost Lake project is still in the planning stages and stated
that the original plans did show one area that would possibly have townhomes, however the
development has not been finalized.
Council Member Lamb asked how many multifamily units were already approved and Planning
Director Brown stated that there were approximately 2,100 approved and one half of those are
apartments.
Attomey Crawford stated that there are other developments south of Hunt Street such as Osprey
Ridge and immediately to the south of Hunt Street is UD-3 and R-3 which also allows
multifamily, so Hunt Street is an artificial buffer at best and with their development there are
single family residents on all sides.
Council Member Lamb stated that she was not going to approve anything that increases density
and she did not feel we had the schools and other services to accommodate higher density.
Council Member Biddle stated that this had been discussed at a workshop and he felt that going
from 4.0 to 6.3 was not much of a change when you're working with the topography and working
with the neighbors and there will be a permanent buffer created, especially when this is in the
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middle of town which looks like a good spot for this.
Attomey Crawford stated that the increase will allow 14 additional units and in the CLIP they
have also offered to build a turn lane fi:om Bloxam to Hunt Street.
Council Member Mullins stated that he felt this was a good development and works with the hills
and is within walking distance of the school and the development is in an area that is good for
this type of project since the infi:astmcture is there.
Council Member MacLauchlin stated that she agreed it was a good project·
Frank Cuputo stated that if for some reason this company sells this land to another developer, and
this small scale amendment is in place, then the developer could actually put 8 units per acre on
the property and Mayor Turville stated that if this CUP is approved the Council should require
that the CLIP allow no more than 6.4 units per acre and should also address those other issues.
City Attorney Guthrie confirmed that if another developer bought the property, they would not be
allowed to do any more than the 6.4 units without coming back before the Council to amend the
CUP.
Mayor Turville read Ordinance No. 401-M by title only.
A motion was made by Council Member Biddle, seconded b? Council Member
Mullins and carried 4-1 by roll call vote to approve Ordinance No. 401-3/1.
Council Member Lamb opposed.
Ordinance No. 402-M-Final Reading
Planning Director Brown stated that this ordinance will rezone the approximately 6.7 acres just
discussed in Ordinance 401-M, fi:om R-1 Residential to R-3 Residential to allow for the
construction of a multifamily townhouse development. Mr. Brown stated that multifamily
development is not permitted in R-1 zoning, therefore, since the request for the small scale
amendment has been approved, the property will need to be rezoned to R-3 to allow the
townhome project and staff recommends approval.
Attorney Jimmy Crawford requested that the comments fi'om the previous small scale
amendment discussion be incorporated into this issue by the Council.
Mayor Turville read Ordinance No. 402-M by title only.
o
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Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held
and that anyone wishing to speak in favor of or in opposition to the request should be
sworn in and there was no public comment.
A motion was made by Council Member MacLauchlin, seconded by Council
Member Mullins and carried 4-1 by roll call vote to approve Ordinance No. 402-
M. Council Member Lamb opposed.
VISITORS WITH BUSINESS
Resolution No. l153-Lake Estates Housing & Development
Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that
anyone wishing to speak in favor of or in opposition to the request should be sworn in
Mayor Turville read Resolution No. 1153 by title only.
Planning Director Brown highlighted the conditions of the requested Conditional Use Permit
previously discussed in Ordinances No. 401-M and 402-M. Mr. Brown pointed out condition 7
of the CUP and stated that it should be changed l~om 8 units per acre to 6.4 units per acre and
stated that staff recommends approval of the Conditional Use Permit with those conditions.
Mayor Turville requested that "non-tourist" development language be included as a condition
and the Council agreed.
Planning Director Brown suggested that language also be included in number 12 to specifically
address the buffer between the multifamily and single family areas and the Council Members
agreed. After discussion there was consensus that the developer will have a 10 foot landscaped
berm.
Mayor Turville stated that he would like the drawings attached to the CLIP and there was
consensus that language would be added stating that the project would be built substantially in
accordance with the drawings attached to the CUP.
Council Member Biddle suggested that language be added to make sure the project is in
accordance with our proposed grading ordinance and there was consensus that a condition be
added stating that the project will conform substantially to our grading ordinance and the
approved site plan, which will also be attached to the CUP.
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A motion was made by Council Member Biddle, seconded by Council Member
Mullins and carried 4-1 by roll call vote 4-1 to adopt Resolution No. 1153 as
amended, allowing the construction ora multifamily pro/ect. Council Member
Lamb opposed.
Robin and Pam BonJorn
Mayor Turville stated that the following issue requires 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
Planning Director Brown stated that the applicants are requesting a variance for their property
located at the northeast comer of Lakeshore Drive and Forth Street and presented an overhead
projection of the property. Mr. Brown stated that Lot 166 is where the BonJom's residence is
currently and they also own Lot 167 where a carport was constructed in 1998 requiring the
applicants to combine Lots 166 and 167 to meet the setback requirements. Mr. Brown stated the
properties are in the R- 1-A zoning district and require a minimum lot width of 100 feet and the
applicants wish to construct a single family resident on Lot 167, which will separate the two
properties and the previously constructed carport will not meet the required setbacks from either
property. Mr. Brown stated the applicants proposed two options: (1) A variance to allow a lot
width of 75 feet at the building setback line rather than 100 feet, and a side setback of 2.90 feet
(2' 11") for the carport; or (2) A side setback of 3 feet 7 inches for the carport, rather than the 9
feet allowed. Mr. Brown stated that Staff recommends option No. 2 because it maintains the 100
foot lot width per the zoning district.
City Clerk Van Zile swore in the following:
William Ban', 1694 Fourth Street, Clermont, F1
Darryl Reeves, 1636 Fourth Street, Clermont, F1
Pam BonJom 390 W. Lakeshore Drive, Clermont, F1
Mayor Turville confirmed that in Option No. 1 the carport stays with the lot on the lake and if
Option No. 2 is approved they do not have a carport.
Ms. BonJom stated that the asphalt driveway has been there since the 1920s and they built the
carport for the existing house located on Lot 166 which is a 90 foot lot with a 6 foot back yard.
Ms. BonJom stated that the new house will be on Lot 167. Ms. BonJom stated that the carport
will stay where it is. Ms. BonJom stated that the three lots directly across the street from Lot 167
are one 50-foot lot and two 80-foot lots, so it is not a consistent subdivision of 100 foot lots. Ms.
BonJom stated she had a letter from the residents of Lot 168 supporting her plan for either
option.
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Council Member Mullins stated he felt it would be cleaner to go with Option No. 1 and keep the
carport with the lot, so that 40 years fi.om now some other Council won't have to decide who gets
to keep the carport.
Council Member Biddle stated he agreed that the carport should go with the house on Lot 166
and stated a variance is going to be required either way.
Mayor Turville pointed out that the lot is very deep.
A motion was made bp Council Member Lamb, seconded by Council Member
Biddle and carried unanimousl~ by roll call vote to approve Option 1 of the
variance request allowing a lot width qf 75_feet at the building setback line and a
side setback of 2.9O feet for the carport.
Downtown Clermont Partnership
City Manager Saunders stated that the Downtown Clermont Partnership is proposing to promote
a Farmers Market each Saturday morning during the winter months, to be located on Minneola
Avenue between 7th and 8th Street. Mr. Saunders stated that they are requesting that this section
of Minneola Avenue be closed fi.om 6:30 a.m. to 1:30 p.m. each Saturday morning and Staff
recommends approval of the request for the months of October, November and December as a
trial basis. City Manager Saunders stated that the only event that may have a conflict with the
street being closed during those times is the Christmas Parade and in the event of any conflict the
City would work with the Partnership.
Debbie Carlucchi, representing the Clermont Downtown Partnership stated that it was not a
problem to work something out for the day of the Christmas Parade.
.4 motion was made b¥ Council Member Lamb, seconded bY Council Member
Mullins and carried unanimously to approve the request of the Clermont
Downtown Partnership to close Minneola .4venue between 7t~' and 8th Streets from
6:30 a.m. to l :30 p. m. on each Saturday in October, November and December,
2000 on a trial basis_for the Farmers Market.
NEW BUSINESS
Bell South
City Manager Saunders stated that he and City Attorney Guthrie have been working on the Lease
Agreement with Bell South Mobility to utilize the City's water tower located north of Highway
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50 east of Disston for the installation of cellular antennas. Mr. Saunders stated that Bell South
will have to meet our ordinances as far as landscaping and have provided to the City a site plan
which meets all of our required conditions. Mr. Saunders stated that he and City Attorney
Guthrie would like to have the latitude to change some minor language in the proposed lease
before it is executed, and stated the changes will not change the content in any way and Staff
recommends approval of the Lease Agreement.
Council Member Mullins asked what the antennas looked like and Dorey O'Hara, a
representative from Bell South described them and stated they would be located around the
walkway that is around the water tower·
Council Member Biddle stated that the audience may wish to know the value of this to the City
and Mayor Turvillle stated that the lease will be for a 5-year period with an annual lease amount
of $30,000.00.
,4 motion was made by Council Member Lamb, seconded by Council Member
Biddle and carried unanimously to approve the Lease Agreement with Bell South
Mobility.
Resolution No. 1152-Fred Fox Enterprises
City Manager Saunders explained that one of the requirements under the Community
Development Block Grant is a Purchasing Policy which is adopted by Resolution specifically for
the C.D.B.G. Mr. Saunders stated that this Purchasing Policy is substantially the same as the
City's existing Purchasing Policy and Staff recommends Council's approval.
Mayor Turville read Resolution No. 1152 by title only.
A motion was made by Council Member Biddle, seconded by Council
Member MacLauchlin, and carried unanimously to adopt Resolution No.
1152 approving a Purchasing Polio_for the Community Development
Block Grant.
Underwriter Selection
City Manager Saunders stated that the City is putting together a Bond Issue for the
expansion of our Sewer Treatment facility and other utility projects and will also be
refunding the Bond Anticipation Notes that we took out about four years ago to do the
original East Sewage Treatment Plant. Mr. Saunders stated that we must select an
underwriter for the bond issue and the City advertised for proposals. Mr. Saunders stated
that we received nine proposals, including the two largest Bond Underwriters in the
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Country. Mr. Saunders stated the committee short-listed the proposals and referred the
Council Members to a letter fi:om Public Financial Management. Mr. Saunders stated
that the committee interviewed Paine Webber Incorporated and Salomon Smith Barney
and after the interviews it was unanimous that Paine Webber would provide better
experienced people to handle the issue for our City. Mr. Saunders stated that Paine
Webber also stated in their proposal that they would not charge a management fee.
Finance Director Van Zile stated that Paine Webber has had recent experience with a city
in Central Florida that was dealing with the same issues our City is dealing with and that
is very important.
A motion was made bP Council Member Biddle, seconded by Council
Member Mullins, and carried unanimously to authorize Paine Webber
Incorporated as the City's Underwriters_for the City's Utility SFstem
Revenue Bonds.
City Manager Saunders added that they will be structuring the Bond Issue over the next
few weeks and it will be a retail issue so the citizens of Clermont can invest in their City
if they wish to do that.
Introduction of Ordinance No. 403-M
Mayor Turville read Ordinance No. 403-M by title only.
City Manager Saunders stated that on August 2, 2000 the City Council adopted an Emergency
Ordinance (400-M) to include the City of Clermont in the Countywide M.S.T.U. for ambulance
and emergency medical services. Mr. Saunders stated that under our Code an emergency
ordinance is only good for a 60-day period, which requires the City to re-adopt the ordinance.
Mr. Saunders stated this was for introduction only and the public hearing and final reading will
be at the September 12, 2000 meeting.
~I motion was made by Council Member Biddle, seconded by Council
Member Mullins and carried unanimously to approve the introduction of
Ordinance 403-M.
Bid Award-Downtown Parking and Orange Avenue Cul-de-Sac
City Manager Saunders stated that the City advertised for bid two public works projects, the
Orange Avenue Cul-de-sac and the downtown parking. Mr. Saunders stated that when the City
opened the new entrance to the Waterfront Park several of the residents on Orange Avenue
requested the Council consider closing that street's access to East Avenue because of the
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additional traffic being generating to and from the Park. Mr. Saunders stated that our engineers
have designed a modified turn-a-round for Orange Avenue. Mr. Saunders stated that the second
project is a Downtown Parking project which is also in this year's budget and constructs
additional on-street parking on the west side of West Avenue from Osceola Street to Montrose
Street and also includes the construction of the intersection at West Avenue and Minneola
Avenue that conforms with the intersections that we built with the Rail-Trail. Mr. Saunders
stated that two bids were received and Georgetown Enterprises in the amount $162,587.35 was
the low bidder. Mr. Saunders stated that we have $190,000 in our budget earmarked for this
project and Staff recommends awarding the bid to Georgetown Enterprises in the amount of
$162,587.35. Mr. Saunders stated that Boyle Engineering has reviewed the bid and it meets all
of the specs. Mr. Saunders stated that several residents of Orange Avenue have periodically
called and asked that this project be completed and a diagram of the tm-a-round was sent to all
of the property owners, along with an election form asking them to indicate if they were still in
agreement with this project. Mr. Saunders stated that out of the 10 property owners in that block,
seven responses were received and five were in favor of moving ahead, three did not respond and
one response indicated that he did not care and stated if the neighbors were in favor of the
closing that was fine with him. Mr. Saunders stated that Staff recommends moving ahead with
this project with the low bidder.
Council Member MacLauchlin stated she received a call from Mr. Harmon and he was concerned
whether there would be some differences in his ability to develop his property and Mr. Saunders
stated that the City is not taking any additional right-of-way and all of the construction is taking
place within the existing right-of-way and will not affect any of the Land Development
Regulations associated with Mr. Harmon's property.
David Harmon stated that he is the owner of the property located at the comer of East and
Orange Avenue. Mr. Harmon thanked Mr. Saunders and Council Members Lamb and
MacLauchlin for talking with him. Mr. Harmon stated he was concerned that a large amount of
the taxpayers' money was being spent for one road and he did not feel the problem was enough
to justify the expense to cul-de-sac Orange Avenue. Mr. Harmon stated that if this project does
not affect his property, then he will probably benefit from the project, but felt that the project was
"underhanded and political" in that it accommodates just a few people. Mr. Harmon stated he
felt this was a poorly thought out project and he felt the property owners should have been
notified prior to this project being approved. Mr. Harmon stated that he felt that closing Orange
Avenue will just make the traffic problem move to the other streets around that area. Mr.
Harmon did not feel the property owners were properly notified.
Mayor Turville asked when Mr. Harmon had purchased the property and Mr. Harmon indicated
he had bought the property in April of 1999. Mayor Turville asked City Manager Saunders when
the City Council originally put this project in the budget and Mr. Saunders stated that it was two
or three years ago and stated that letters had gone out at that time to all of the property owners
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and the property owner who Mr. Harmon purchased the property fi:om was aware of this project.
City Manager Saunders further stated that of the $190,000 budget for the entire project, only
$40,000 of that budget was for the Orange Avenue Cul-de-sac part of the project. Mr. Saunders
stated that other than Mr. Harmon indicating now he is opposed, there was only one other "no"
vote and that was fi:om a property owner who does not live on the street. Mr. Saunders
confirmed again that there is no additional right-of-way being required for this project. Mayor
Turville stated that this project was originally approved by a previous City Council. Mayor
Turville stated that the project was carded over on the budget and then came before this Council
for the Bid Award.
Mr. Harmon stated that if the project does not affect his existing right-of-way and he can develop
the property as he intended, then he has no problem. Mr. Harmon stated that he did however feel
it was a waste of taxpayers money for this one street. Mayor Turville stated that every time there
is a major event at the Waterfront Park, citizens try to avoid the parking fee and park up and
down Orange Avenue blocking the residents in and walk through the residents' yards to get to the
park. Mr. Harmon stated he felt the City should just put signs up stating "No Parking".
Council Member Lamb stated she remembered this coming before a workshop and recalled that
the residents of Orange Avenue wanted this done and Mr. Saunders stated that there had been no
opposition to this in the past.
Mr. Harmon stated that when he bought the property he was not advised that this project was
approved and City Manager Saunders explained that the Planning & Zoning Department does not
know who is buying and selling property.
City Attorney Guthrie stated that when Mr. Harmon purchased the property he received an
estoppel letter stating what the status of the property was and the City Council cannot guaranty
what a future Council will do. Attorney Guthrie reiterated that this project will not change the
land use of Mr. Harmon's property.
Mayor Turville stated that the only issue before this Council regarding this project is the award of
a bid.
Council Member Lamb stated that it was her understanding that the residents of Orange Avenue
had been notified of this project and she is confused because she is not sure now whether she
understands whether the citizens actually were properly noticed and Mayor Turville confirmed
that this item was included in a budget that went through the hearing process and stated that the
City Manager even notified the residents again before this bid award to make certain the majority
of the residence still wanted the project to go forward.
City Manager Saunders stated that the City is reconfiguring the street and that does not require a
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separate public hearing, however a letter was sent to all of the property owners two weeks ago
informing them that the bid award would be on this agenda for this project that has been
discussed for the past two years. Mr. Saunders confirmed to Council Member Lamb that the
survey consisted of 5-yes, 2 no and 3 that did not respond, and 1 who did not care either way.
City Manager Saunders stated that this has been a very public project for over two years, has
been through two budgets and the residents on Orange Avenue are the ones who have been
calling and pushing to have this done. Mr. Saunders stated he understands that since Mr.
Harmon has only recently become the owner of property on Orange Avenue, he may not have
had knowledge of the project, but there is no question that the public has had an opportunity to
give input into this matter. City Manager Saunders stated that when this was previously
approved, the previous City Council felt they had put an undue hardship on the residents of
Orange Avenue when they created the new entrance fi:om East Avenue over to the Waterfront
Partk, that actually goes behind Mr. Harman's lot and the other lots there, on the north side of
Orange avenue. Mr. Saunders stated that there was a tremendous amount of traffic created then,
and not just during 2 or 3 events a year but all of the time with all of the cars cutting through to
go to the beach. City Manager Saunders stated the previous Council felt they had a responsibility
to the residents of Orange Avenue and approved this project
Council Member Lamb suggested that the bid award be postponed for a couple of weeks and Mr.
Saunders stated that he met with Attorney Hovis who was investigating this matter for Mr.
Harmon and after they discussed this Mr. Hovis' comment was he did not feel he needed to even
attend the Council Meeting tonight. Mr. Saunders stated that it was three weeks before the next
Council meeting, which is not a problem for the Orange Avenue Cul-de-sac portion of the bid
award, however the downtown parking is on a very tight time schedule so that the majority of the
project can be completed before the winter residents come and before the Festival in November.
After further discussion Mayor Turville called for a motion.
A motion was made by Council Member MacLauchlin, seconded bp
Council Member Biddle, and carried 4-1 to award the bid for the for the
Downtown Parking and the Orange Avenue Cul-de-Sac to Georetown
Enterprises in the amount of $162,587.35. Council Member Lamb
opposed.
Introduction of Ordinance No. 404-M
Mayor Turville stated that this ordinance was for introduction only and read Ordinance No. 404-
M by title only.
City Manager Saunders stated that the City recently discovered that the portion of Minneola
Avenue right-of-way lying west of 12th Street is still an open right-of-way. Mr. Saunders stated
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that this area has been partially developed and utilized as a part of West Park for many years and
a portion of the outfield of the softball field is located in this fight-of-way as well as our
proposed water retention area for the diversion of Center Lake overflow. Mr. Saunders stated
that the area west of the ball fields is a wetland area and the City owns all of the property north
and south of the right-of-way which is developed as our sewage treatment facility and public
works facility on the north and West Park on the south. Mr. Saunders stated that the area is
already being used for public purposes.
71 motion was made by Council Member Biddle, seconded by Council
Member Mullins, and carried unanimously to introduce Ordinance No.
404-M.
CITIZENS COMMENTS
Mayor Turville invited any citizens to address the Council and none came forward.
Nancy Fullerton addressed the City Council with her concerns regarding the swans at
Crystal Lake. Ms. Fullerton stated that the water was turning brown and the nitrates from
the Swans were mining the beach. Ms. Fullerton asked that the City consider moving the
swans before the health of the lake is mined.
There being no further business or discussion, the meeting adjourned at 10:10 p.m.
~Clerk