01-11-2000 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 11, 2000
A regular meeting of the City Council of the City of Clermont was held Tuesday,
January 11, 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, Planning Director Brown, Finance Director Van Zile 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 Mutlins, seconded by Council Member
Biddle, and carried unanimously to approve the minutes of the regular Council
Meeting held December 14, 1999 and the Workshop Meetings held November 29,
1999 and December 8, 1999.
CITY MANAGER SAUNDERS' REPORT
City Manager Saunders stated that there was $22,000 included in this year's budget for
the purchase of a new mower. He stated that Orange County School Board placed
mower equipment out for bid and wrote their ads and bid specifications so that other
governmental entities could take advantage of the bids. Mr. Saunders stated that the
particular mower the City needs is on bid for $19,875 and Public Services Director
Davis has requested approval to purchase that mower, piggy backing on the Orange
County bid.
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OO
A motion was made by Council Member Mullins, seconded by Council Member
-oo~Biddle and carried unanimously to approve the purchase of the mower for $19,875 -~from Orange County.
City Manager Saunders stated that the City has advertised for engineering firms for the
expansion of the Sewage Treatment Plant and on-going engineering services for the
projects the City has budgeted in the upcoming year and any miscellaneous projects
that may come along. Mr. Saunders stated that the next step is for the City to review
the applicants who have submitted their qualifications, short-list that down to three,
rank them one, two and three, and negotiate a contract. Mr. Saunders stated that
either the Staff can review and bring a recommendation back to the City Council of
the ranked one, two and three or if the City Council would like to hear presentations
from the firms it can be done that way. Mr. Saunders recommended that he, City
Engineer Tamara Richardson and Public Service Director Davis review the
qualifications that have been submitted, rank them, and bring them back to the City
Council for final approval.
A motion was made by Council Member MacLauchtin, seconded by Council
Member Biddle, and carried unanimously to have City Manager Saunders, City
Engineer Richardson and Public Services Director Davis rank the applicants and
bring their recommendations back to the City Council.
City Manager Saunders reminded the Council of the Council Retreat to be held
January 21, 2000 at the Highlander Hut, starting at 8:30 a.m. He stated that the
Workshop is open to the public and requested that he be advised of any items any
Council Member would like placed on the agenda.
CITY ATTORNEY GUTHRIE
No report.
FINANCE DIRECTOR VAN ZILE
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No report.
COUNCIL MEMBER BIDDLE
Council Member Biddle stated that the new owners of Lakeshore Realty have
requested that the barriers in front of their building at the corner of West Avenue and
Montrose Street be replaced since they are so old and look so bad.
City Manager Saunders stated that the City would replace the barriers.
COUNCIL MEMBER MULLINS
Council Member Mullins reported that the Fire and Police Pension Boards have been
meeting and they are still waiting for the League of Cities to provide the mandated
changes. Mr. Mullins stated that while they are waiting for those changes, the Police
Officers and Fire Fighters are giving their suggestions to their Boards.
COUNCIL MEMBER LAMB
Council Member Lamb reminded everyone that the League of Cities will be meeting
Friday, January 14, 2000 and there will be a discussion regarding the final phases of the
Joint Planning Agreement.
Council Member Lamb stated she had received a telephone call from a resident in
Kings Ridge concerned about some burning in that area. Ms. Lamb requested that the
City Manager look into that.
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COUNCIL MEMBER MACLAUCHLIN
Council Member MacLauchlin stated she was contacted by a resident who would like
the intersection of Bloxam and Highway 50 re-striped to indicate the turn lanes.
City Manager Saunders stated he would contact DOT and request the re-striping be
done.
Council Member Lamb stated that East Avenue also needed to be re-striped.
MAYOR TURVILLE'S REPORT
Mayor Turville stated the City's appreciation for Joe Janunsiak's service to the City
and the citizens of Clermont and acknowledged his 76th birthday.
Mayor Turville read the Arbor Day Proclamation into the record, declaring January 15,
2000 as Arbor Day in the City of Clermont.
Mayor Turville read from a letter received by the City awarding the City of Clermont
a Certificate of Achievement for Excellence in Financial Reporting for the
Comprehensive Financial Report for the fiscal year ended September 30, 1998. Mr.
Turville stated that the letter informs the City that the Certificate of Achievement is
the highest form of recognition in governmental accounting and financial reporting
and represents a significant accomplishment by a government and its management.
Mayor Turville further stated that along with the award, an award of Financial
Reporting Achievement is presented to the individual designated by the government as
primarily responsible for having earned its certificate. Mayor Turville stated that
enclosed was an Award For Financial Reporting Achievement for Joseph E. Van Zile,
Finance Director for the City of Clermont. Mr. Turville stated that this was the 11th
year in a row Mr. Van Zile has received this award and expressed the City's
appreciation for the excellent job.
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Mayor Turville stated the Transportation Task Force is working to organize the
interests of South Lake and West Orange to try and deal with the traffic problems. Mr.
Turville stated they are trying to contact political interest associated with our welfare
and had met with Representative Webster and will meet with the representatives of the
Expressway Authority. Mr. Turville stated that there should be a resolution before the
next council meeting.
Mayor Turville stated that he received a complaint from the State Director of the
National Atheist Society regarding a cross that was one of the many displays on Center
Lake during Light Up Clermont. Mr. Turville explained to him that the Kiwanis Club
sponsors the display around the lake and the City Council would discuss whether the
City should change or provide guidelines to the Kiwanis and whether we were in-line
with current law.
CONSENT AGENDA
CTF Sommer Sports
Request for approval of 2000 Clermont
Event Schedule
motion was made by Council Member Mullins, seconded by Council Member
Biddle, and carried unanimously to approve the Consent Agenda.
VISITORS WITH BUSINESS
Mayor Turville stated that the following issues require a Quasi-Judicial Hearing be
held and that anyone wishing to speak in favor of or in opposition to the requests
should be sworn in.
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Denise and Robert Porter
Planning Director Barry Brown stated the applicants are requesting a side yard setback
of 30 feet as opposed to the 35 feet required by code in order to enclose a breeze way
that connects an existing residence with an existing garage. Mr. Brown stated the code
calls for a 35 foot setback from all streets for residences in the R-1-A zoning district
and the subject property is a corner lot at the intersection of Lakeshore Drive and
Second Street. Planning Director Brown stated that the residence faces Lakeshore
Drive and is accessed from the east side by way of Second Street. Mr. Brown stated
the residence is 28.2 feet from the side property line and the garage is 11.54 feet from
the property line. Mr. Brown stated that the requested variance of 30 feet is less of an
encroachment into the setback than the existing residence and garage and since the
request does not increase the encroachment into the setback, staff recommends
approval.
Mayor Turville opened the public hearing and City Clerk Van Zile swore in the
following:
Robert Porter, 8501 Pine Island Road, Clermont, Florida
Mr. Porter offered to answer any questions anyone might have and reiterated Planning
Director Brown's explanation stating that there would be no further encroachment
into the setback and that the breeze way already is roofed and they would just be
adding walls to enclose it in order to supply heat and air and for safety in moving from
the garage to the house.
Mayor Turville closed the public hearing.
A motion was made by Council Member Biddle, seconded by Council Member
Lamb, and carried unanimously, to approve the variance allowing a sideyard
setback of 3O feet as the request is less of an encroachment into the setback than the
existing residence and garde.
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Mark Chodos
Planning Director Brown stated that the applicant is proposing to construct a driveway
from Minneola Avenue into the parking lot of his restaurant. Mr. Brown stated our
code requires all vehicular access points shall be at least 100 feet or two-thirds the
distance of the parcel frontage on a street, whichever is greater, from the intersection of
any right-of-way lines of the street. Mr. Brown stated that by complying with this
code, the applicant would have to move a power pole and guy wire in order to
construct the driveway, therefore the applicant is requesting he be allowed to construct
the driveway 53 feet from the intersecting right-of-way lines of Minneola and West,
placing the driveway just to the east of the existing power pole. Mr. Brown stated that
the variance request will be a safe distance from the intersection of West and Minneola
and staff recommends approval.
Mayor Turville opened the public hearing and City Clerk Van Zile swore in the
following:
Mark Chodos, 10411 C.R. 474, Clermont, Florida
Mr. Chodos offered to answer any questions anyone might have.
Mayor Turville closed the public hearing.
Council Member MacLauchlin stated that West Avenue has a 100 foot right-of-way
and there is a big distance beyond the right-of-way before you actually enter the road,
which is in Mr. Chodos' favor.
Mayor Turville stated that the driveway would better accommodate the parking area
that is on the site plan.
motion was made by Council Member Lamb, seconded by Council Member
Mullins, and carried unanimously to approve the variance request allowing the
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construction of a driveway 53feet from intersecting right-of-way lines of Minneola
and West to avoid the existing power pole and guy wire.
Richard Weber
Planning Director Brown stated the appli.cant is requesting two variances, the first of
which is to construct a driveway from Broome Street into the parking lot of a future
professional office complex on the corner of State Road 50, Tenth Street and Broome
Street. Mr. Brown stated that complying with our code requiring vehicular access
points being located at least 100 feet or two-thirds the distance of the parcel frontage
on a street, from the intersection of any right-of-way lines of streets would create a
driveway with a steep slope and would place the driveway at the low point of the
property where the stormwater retention pond is more logically placed. Mr. Brown
stated the applicant is requesting that the driveway be located 38 feet from the
intersecting right-of-way lines of Tenth and Broome and staff recommends approval
as it believes the proposed location is safe and will result in a better project.
Mayor Turville opened the public hearing and City Clerk Van Zile swore in the
following:
Richard Weber, 11126 561-A, Clermont, Florida.
Mr. Weber stated that the property is unique in that it is bordered by three streets with
makes it difficult to comply with the code. Mr. Weber stated that because of the
severity of the slope of the property, they need to accommodate the retention pond.
Mayor Turville closed the public hearing.
OO
A motion was made by Council Member MacLauchlin, seconded by Council
Member Biddle, and carried unanimously to approve the variance allowing the
driveway to be 38feet from the intersecting right-qf-way lines of Tenth and Broome.
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Planning Director Brown stated that the second variance requested by Mr. Weber is a
variance from our code requirement to construct a sidewalk along Broome Street. Mr.
Brown stated that due to the steep slope of Broome Street and the inability to continue
the sidewalk eastward to West Avenue due to existing obstructions, including a
retaining wall, staff recommends approval.
Mayor Turville stated he appreciated the difficulty in constructing the sidewalk on that
side of the road and asked Mr. Weber if he would consider putting in a sidewalk on the
other side of the road.
Mr. Weber stated he would have no problem with that.
-oo '
A motion was made by Council Member Biddle, seconded by Council Member
Mullins, and carried unanimously to approve the variance relieving the applicant
from constructing a sidewalk along the south side of Broome Street.
City Manager Saunders agreed to meet with Mr. Weber regarding the construction of a
sidewalk on the other side of Broome Street, across from the project.
Janet Christoff
Planning Director Brown stated the applicant is requesting a variance from our code
requirement that a parcel of land be a minimum of 10 acres in size in order to be
eligible for Planned Unit Development (PUD) zoning. Mr. Brown stated the
applicant's parcel is only 5 acres, however, the Comprehensive Plan, through the
language in Land Use District-5, requires that professional office uses go through the
PUD process. Mr. Brown stated a conflict exists between the Code and the
Comprehensive Plan and staff believes the intent of the Comprehensive Plan should
be followed and that the PUD process will result in a better project.
Mayor Turville open the public hearing.
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Attorney Jimmy Crawford appeared on behalf of the applicant and offered to answer
any questions.
City Clerk Van Zile swore in the following:
Howard Barry, 439 Carroll Street, Clermont, Florida
Nancy Fullerton, 368 Montrose Street, Clermont, Florida
Elaine Rennick, 1974 Brantley Circle, Clermont, Florida
Mr. Barry asked if allowing the variance would increase density and Planning Director
Brown said it would not.
Ms. Fullerton requested that when a variance is requested, she would like to have it
stated what the property is going to be used for and would also like to know if
Planning and Zoning reviewed this.
City Manager Saunders explained that the Planning and Zoning Commission does not
review variance requests. Mr. Saunders stated that the project was for an office
building and it will be going through the PUD process in front of the Council if the
variance is granted to allow PUD on less than the 10 acre site.
Planning Director Brown stated that the Planning and Zoning Commission has
already heard the request for the PUD and have recommended approval of the project.
Ms. Rennick stated that the Planning and Zoning Commission were told that if the
office complex was not approved, the project could be multi-family and asked if left
the way it is Would the density be lesser or greater.
City Manager Saunders stated it could be multi-family in that area and Planning
Director Brown stated that the PUD gives the City more control of the density.
Mayor Turville closed the public hearing.
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A motion was made by Council Member BiddIe, seconded by Council Member
Lamb, and carried unanimously to approve the variance.
Gordon Hallgren-Request t'or 2-hour parking
Mayor Turville stated Mr. Hallgren had asked this be withdrawn from the agenda.
UNFINISHED BUSINESS
Ordinance No. 389-M
Mayor Turville stated this was the final reading of Ordinance 389-M and read the
ordinance by title only.
City Manager Saunders stated that this ordinance will release an easement on a
roadway that has been previously closed by the City Council west of Citrus Tower
Boulevard, north of Highway 50. Mr. Saunders stated the Council routinely retains
easements for utilities over closed roadways, however this site has been previously
approved for a development that will provide adequate rights-of-ways and easements
for our utilities in the future and the existing easement is in conflict with the approved
development plan. Mr. Saunders stated that staff recommends approval.
Nancy Fullerton asked what the project was and City Manager Saunders stated that
this is the multi-family project located north of the new Kash N' Karry.
Howard Barry stated that when ordinances are read, most people do not understand
them and Mayor Turville advised Mr. Barry and the citizens that the agendas and all
information is available at City Hall the Wednesday before each Council meeting and
Council Member Biddle stated that there is a Public Packet for the citizens on the
podium at all the Council meetings for the citizens to review.
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Council Member Lamb suggested we have a table with copies of the council packet
information set out for review before the meetings.
A motion was made by Council Member Biddle, seconded by Council Member
~" 0 ]~) Mullins, and carried unanimously by roll call vote, to adopt Ordinance 389-M.
NEW BUSINESS
Mayor Pro Tem
Appointments
Mayor Turville stated that typically the balance of the meeting would be the
organizational meeting of the City Council held at the first meeting in January. Mr.
Turville stated that City Manager Saunders had received requests from a couple of
Council Members that this organizational meeting be tabled until the January 24, 2000
meeting in order that the appointments of Mayor Pro Tem and the Boards and
Commissions can be discussed and reviewed at the Council Retreat Workshop on
January 21, 2000.
Council Member Lamb stated she felt that waiting until the next meeting would also
give those citizens who are interested in serving on a Board or Commission an
opportunity to come to the workshop and address the Council. Ms. Lamb requested
an attendance record of those who are presently serving on Boards and Commissions.
City Manager Saunders said that the organizational meeting can be tabled until the
next Council meeting.
oo -o II
A motion was made by Council Member Lamb, seconded by Council Member
Mullins and carried unanimously to table the organizational meeting of the City
Council for appointments qf Mayor Pro Tern and Boards and Commissions to the
January 25, 2000 City Council meeting.
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CITIZENS' COMMENTS
Don Ballard stated that there was a smell coming from the Sewage Treatment Plant
that he could smell in Kings Ridge and the sewage smell can be noticed on Hancock
Road and requested that the City look into it.
David Falzon requested a copy of the Minutes from the December 14, 1999 City
Council Meeting and was told they were now approved and he could pick up a copy at
City Hall. Mr. Falzon asked the Council to again state its position regarding the
lakefront property in front of his home and City Attorney Guthrie read the Council's
position directly from the December 14, 1999 Minutes. Mayor Turville again
reiterated to Mr. Falzon that based on the title search of the property and investigation
by the City Attorney, the Council's position is that Mr. Falzon does not own the
property.
Nancy Fullerton, President of the Save Our Lakes Committee stated that they are
concerned about stormwater runoff in Clermont's lakes and would like the City to do
whatever it can to help the situation. Ms. Fullerton stated that Clermont's Chain of
Lakes is not on the County's priority list for any kind of assistance as our lakes are
considered to be in good shape. Ms. Fullerton stated that she felt the City's charge of
$3.00 a month for stormwater is too low and we should raise that price in order to
have money for prevention measures, rather than waiting until our lakes are in bad
shape. Ms. Fullerton asked if the City had a total overall plan for plugging any pipes
that dumped into our lakes and asked if those pipes were mapped on paper so we knew
where they were.
City Manager Saunders stated that the staffand previous City Councils have long
recognized the need to protect the good lakes and do not want to wait until our lakes
are in bad shape and spend millions of dollars to try and bring them back. The City
began its efforts on Lakeshore Drive and Lake Winona and a retention area was built
along the entire length of Lakeshore Drive between the lake and Lake Winona that
captures stormwater before it goes into the lake. Mr. Saunders stated that over the last
CITY OF CLERMONT
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five years with the Waterfront Project that is almost completed, the City identified all
of the direct pipes going into Lake Minneola along the entire City limits and have
eliminated all of the direct runoff pipes into Lake Minneola. Mr. Saunders stated that
the City is ahead of where a lot of cities in Lake County are. Mr. Saunders stated we
still have direct runoff into Lake Minnehaha and the City has met with various people
to discuss ways that we can accomplish solving that and that is the next challenge.
Mayor Turville stated that Sunnyside Lake and Crystal Lake both have retention areas
that the City has put in. Mayor Turville stated that the biggest reason the Clermont
Chain of Lakes remains essentially pristine is the Clermont Sewer Treatment facility
which was good planning and is one of the greatest guardian we have against the
introduction of nutrients into our lake system. Mayor Turville stated he felt the City
of Clermont has early on done a good job and we were the first or second community
to adopt the stormwater utility.
Ms. Fullerton requested that the City Manager write a letter to the Summit and be on
record that we would like them to consider resources to care for the healthy lakes as
prevention of the future greater expense of trying to fnx them after they're ruined.
Howard Barry stated he does not want stormwater fees to increase and that nothing
will help the lakes or environment until we stop growth.
Elaine Rennick stated she was a designated "Lake Watch" volunteer for Lake
Minnehaha and was happy to hear the City would be looking into that as in the last 10
years the clarity has gone from 9 to 10 feet to 3 feet and the water level has dropped 1
foot in the last three years.
Charlene Forth stated that growth was impacting our lakes and we need to do
something about it now and asked the Council to do something. Ms. Forth stated she
had heard people asking for a moratorium on growth.
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There being no further business or discussion, the meeting adjourned at 9:30 p.m.
~d' STTurville, J}. Mayor
Attest: