08-28-2001 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
AUGUST 28, 2001
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, August 28, 2001 at
Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following
Council Members present: Council Members Biddle, MacLauchlin, Mullins and Renick. Other City
officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and
Deputy City Clerk Studdard.
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
Council Member MacLauchlin stated a correction should be made to page 5 of the minutes.
A motion was made bY Council Member Mullins, seconded by Council Member
Biddle, and carried unanimously to approve the minutes of the Regular Council
Meeting held August 14, 2001, as amended.
REPORTS
City Manager Saunders' Report
City Manager Saunders reminded the City Council of several upcoming meeting dates. He stated
that September 6th is the first public hearing for the ad valorem rate and budget with September
20th being the final public hearing date, both at 7:00 p.m. at Jenkins Auditorium.
Council Member Biddle stated he would not be present for the September 6 meeting.
City Manager Saunders stated that two workshops have been tentatively scheduled if they meet with
City Council approval. The first is with representatives of Lake County to discuss Citrus Tower
Boulevard in regard to Lost Lake Reserve on September 19, 2001 at 6:00 p.m. at the Police
Department. The second is with the St. Johns River Water Management District to discuss the
City's Consumptive Use Permit on September 27, 2001 at 6:00 p.m. at the Police Department.
City Manager Saunders then distributed copies of a memo he received fi.om City Engineer
Richardson to the City Council indicating a decrease in water consumption of the east and west
sides over the last four months. He stated that the most current figures reflect that less than half of
the total permitted gallons is being pumped per day on the east side. He thanked all residents for
conserving water.
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REGULAR COUNCIL MEETING
AUGUST 28, 2001
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City Manager Saunders then stated that tomorrow from 1:00 to 5:00 p.m. at Kings Ridge is the
Legislative Delegation Meeting, which is a public open forum meeting.
Council Member Renick's Report
Council Member Renick stated that the St. John's River Water Management District Governing
Board will hear the City of Clermont's resolution regarding water on September 12, 2001.
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Council Member Renick stated that the County will hear a request for a change of land use from
Rural to Urban Expansion to allow four homes per acre for the Tarmac sand mine property,
approximately 1200 acres, located south on Highway 27. She then stated that she would like the
City Council to submit a formal objection to the County regarding the possibility of this type of
development going in on the City's borders. She asked her fellow Council Members what they felt
would be an appropriate method of objection.
Mayor Turville suggested that the City Council discuss this later during the meeting when City
Attorney Guthrie would be present.
Mayor Turville's Report
Mayor Turville stated he had received a call from a local fisherman asking when the Boat Ramp would
be reopening. He suggested that the City Manager have the City Engineer or Public Services Director
set a safe water level that must be reached before reopening.
NO OTHER REPORTS
CONSENT AGENDA
Mayor Turville read the items of the Consent Agenda and asked if anyone wished any item to be pulled
for discussion:
Item 1 - Waterfront Park Event
Florida Freewheelers' request to waive parking
fees for event to be held November 18, 2001
item 2 - Final Plat Approval
Crystal Lake at Clermont
Item 3 - Final Plat Approval
Summit Greens Recreation Facility
Item 4 - Final Plat Approval
Summits Greens/Phase 2A
Item 5 - Bid Award Safety Training Consultant
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REGULAR COUNCIL MEETING
AUGUST 28, 2001
Page 3
A motion was made by Council Member MacLauchlin, seconded bY Council
Member Mullins, and carried unanimously to approve Items One
Through Five of the Consent Agenda.
UNFINISHED BUSINESS
Police Department Discussion
City Manager Saunders stated that Chief Story is present and will speak regarding the Police
Accreditation Program, which they have been looking at for nearly two years. He stated it is a
voluntary program that he believes will do a lot for the Police Department and that the City should
move forward with it at this time.
Chief Story stated that the Police Department has maintained a 3 minute, 8 second response time for
emergency calls in the last 6 months, with an overall response time of 4 minutes, 90 seconds for any
call. He cited further statistics and listed some of the new programs the Department has begun.
Chief Story then spoke regarding changes that have and will occur in the Department. He stated that
the Florida Accreditation Program has long been recognized as a means of maintaining the highest
standards of professionalism and is a certification by an independent reviewing authority that the
entity has met specific requirements and prescribed standards. He stated that accreditation has been
one of his long-term goals and will help the Clermont Police Department to prevent and control
crime through a more effective and efficient delivery of services to the community.
Mayor Turville spoke regarding the accreditation program and listed some of the areas of review
required for the process. He then asked City Manager Saunders to speak further on the program.
City Manager Saunders stated he believes this program would benefit the Police Department in
many ways and help to show the Department's strengths and weaknesses. He stated that Clermont
would be the first Police Department in the County to be accredited if it goes forward. He stated that
the cost for the initial accreditation process is $1,500.00.
A motion was made by Council Member Biddle, seconded by Council
Member MacLauchlin, and carried unanimously to approve_funding
the Accreditation Process in the amount o_f$1,500. 00.
Council Member Renick asked if this was suggested in lieu of an independent investigation or in
conjunction with one. She asked if there is any interest in pursuing the independent investigation.
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Council Member Biddle stated he felt the Accreditation Program is a great step and the City should
go forward with that process.
Council Member Renick asked Chief Story how long the Accreditation Program takes.
Chief Story stated approximately two years.
Council Member Renick stated an independent investigation would likely provide answers in a
more timely fashion.
City Manager Saunders stated the City has not looked into bringing a private entity in to investigate
and that the Accreditation process would provide the answers needed as to policies, procedures and
whether the Department is functioning appropriately.
Mayor Turville stated that while there have been several internal investigations associated with
issues that have been raised, there are no charges to investigate. He stated that he had received a call
from the Lake County Sheriff stating he had received an anonymous letter that he would be
forwarding to the Florida Department of Law Enforcement (F.D.L.E.) and would provide a copy of
to the City.
Council Member Renick stated that she was not suggesting that any criminal activities are in need
of investigating but that an independent investigation might be a way to allow officers to report
anonymously if there are any problems and put rumors to rest in a more timely fashion.
City Manager Saunders stated that the private consulting finns would not look at specific incidents
but at procedures and policies, and that F.D.L.E. typically investigates any reported incidents of
wrongdoing if they feel it is wan'anted. He stated he was unaware of who exactly would investigate
complaints going back over the last ten years or of what would be accomplished in doing so. He
stated the assessment provided by the Accreditation process would give insight into all aspects of
the Department.
Council Member Renick stated she felt the Accreditation process would be a positive step,
particularly to help enhance the morale of the Department since that is her chief concern. She then
stated she thought the independent investigation would provide answers sooner.
Council Member Mullins stated that if there is a specific allegation it is investigated by F.D.L.E.,
but to bring in people to continue to rehash old issues is extremely disruptive and accomplishes
nothing as opposed to the Accreditation Program being a positive step to ensure that the right
policies and procedures are in place and things are being done correctly. He further stated that
looking through ten years of records to find something that may be done incorrectly is not the right
way to handle things.
cxrr or CL£RMO~Vr
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Council Member Renick stated she viewed her suggestion more as an evaluation system to allow
officers to evaluate their supervisors without fear of exposure. She stated she understood there is
currently no such system in place and that it could be harmful to morale as a result.
Mayor Turville stated that a contract is being negotiated with the Police Union, which will help.
Council Member Biddle stated his only concern was the personnel issues and the handling of them.
He stated that the Accreditation process would help in that area as well.
City Manager Saunders agreed with the Mayor in that the current Union negotiations are very
specific regarding personnel issues.
Council Member Biddle stated his concern is that perhaps some impartial body should be involved
in the appeals process.
A1 Vecher, Staff Representative for the Florida Police Benevolent Association, spoke regarding the
Union's alleged contract problems with the City and stated he felt the signatures on the petition
being presented later this evening were coerced by the names being typed under the lines. He spoke
regarding equipment as well.
Becky Knapp of the South Lake Press spoke regarding not being allowed to attend the appeal
hearing of Dewey Mullan.
City Manager Saunders stated it would be inappropriate to allow the press to attend an appeal
hearing.
Emie Cole, police officer of the Clermont Police Department, read a statement on behalf of the
officers present and those who were unable to attend and presented a petition signed by officers in
support of Chief Story. He further stated that the petition presented does not have names typed
under the lines, nor was there any coercion to sign the petition or attend tonight's meeting.
Thad Brannon, Clermont resident, spoke in support of Chief Story and asked for a standing of those
in attendance who support him as well.
Developer's Agreement
Planning Director Brown stated that this agreement is in conjunction with Ordinance No. 427-M, a
request for a Small Scale Comprehensive Plan Amendment to change the Land Use Classification
from Residential/Professional to Commercial, and restricts certain uses.
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REGULAR COUNCIL MEETING
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Jimmy Crawford, representative for the applicant, stated this agreement addresses the concerns of
Planning & zoning Commission and the City Council by prohibiting certain uses, addresses access
from S.R. 50 and states no development can take place on the back lot.
City Manager Saunders stated that this and Ordinance No. 427-M should be heard together.
Council Member Mullins stated that under #5 of the agreement the lot # should be 20 instead of 17.
Mayor Turville stated he understood that the purpose of this property having this particular Land
Use Designation was to prevent the whole strip in that area fi.om being commercial.
City Manager Saunders stated that this property is located in a two to three block area that the City
had designated for Residential/Professional in an attempt to prevent that from happening and in
hopes that the area would become a more professional area.
Discussion followed regarding the history of the property and ownership and the current uses of the
neighboring properties.
Council Member Renick asked if all of the concerns of the Planning & Zoning Commission had
been addressed by this agreement regarding the prohibited uses.
Mr. Crawford stated he had attempted to include them all.
Mayor Turville stated this is a Land Use issue, not just a zoning one.
Council Member Mullins asked what prevents the owner fi.om selling the property as commercial
and a larger retailer coming in.
Mr. Crawford stated that the impervious area ratio and landscaping and parking requirements
prohibit a much larger building, and building is prohibited on Lot #20. He stated that the property
does not currently meet landscaping or stormwater codes and it would have to be brought up to code
to do much of anything on the property.
Frank Caputo, 3917 Scarborough Court, spoke against changing the Land Use Classification.
Mr. Crawford stated that the block is not going professional as the City had hoped in the last ten to
twelve years.He then spoke regarding the Land Use Classification and the neighborhood being in
transition.
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City Manager Saunders stated that this particular area has not experienced any professional growth
but the area east of it has. He further stated that the reason that Staff recommended against the
request is because the area is in transition and needs time to change.
Dick Tegen, 2292 Twickingham Court, stated that as a Planning & Zoning Commission member the
Developer's Agreement may have made a difference.
Council Member Mullins asked if the variance that was granted for the sign would still be in place.
City Manager Saunders stated it would.
Council Member Biddle stated that, due to the poor condition of the area in question, granting this
request could not hurt and may possible help. He stated that the Developer's Agreement prohibits
the improper uses.
Council Members Mullins and Renick agreed that this change would be appropriate at this site.
A motion was made by Council Member Biddle, seconded bP Council
Member Mullins and carried by a roll call vote o_f three to two to approve
the Developer's Agreement, as amended, with MaYor Turville and Council
Member MacLauchlin being the opposing votes.
Ordinance No. 427-M - Final Reading
Mayor Turville read the ordinance by title only.
Mayor Turville opened the public hearing at this time. No one spoke.
A motion was made by Council Member Biddle, seconded bp Council
Member MacLauchlin and carried by a roll call vote of four to one to
approve Ordinance No. 427-M, with Mayor Turville being the opposing vote.
Property Purchase
City Manager Saunders stated that the City Council had authorized Staff to move forward with the
purchase of parcels #2 and #3 of the Norquist property and options to purchase parcels #1 and #4.
He stated that in preparing for the closing it was discovered that parcel #3 is listed on the
Department of Environmental Protection's (DEP) list of contaminated sites. He stated that there
apparently was a petroleum spill at some point on the site. He stated that Mr. Shawn Abbot, a DEP
representative, stated that the ranking is so low that it would not be cleaned up in his lifetime. DEP
is not looking at anything below a 30 and this site is ranked a 7.
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REGULAR COUNCIL MEETING
AUGUST 28, 2001
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City Manager Saunders stated that he felt this should be brought to the City Council's attention prior
to closing. He stated that Mr. Norquist has indicated that he would be responsible for the cleanup of
the site in order to provide closure with DEP and that this could be made a part of the contract with
the funds for the cleanup being held in escrow until a release is obtained from DEP.
Ken Norquist gave a history of the property and introduced George Wilbur of Encon Services. He
stated that he would be responsible for the cleanup of the site, if any is needed, and attempt to
recover some of the funds later from State programs.
Mr. Wilbur stated he has visited the site and tested it twice. He stated that if it is necessary to clean
up the site it could be accomplished within 90 days. He stated that over time soil remediates itself
and that two bench samples from the existing wells reflected that if any cleanup is necessary it will
be the minimum.
City Manager Saunders verified with Mr. Wilbur that he and Encon Services are licensed to provide
this service and will be acknowledged by DEP.
City Attorney Guthrie asked if the initial assessment comes clean, will DEP issue a clearance or
closure at that point.
Mr. Wilbur stated that as long as the assessment follows the set guidelines recognized by DEP, then
they can hope for a 'No Further Action'. He stated that DEP will respond within 60 days.
City Manager Saunders stated that the funds for the cleanup will be held in escrow and the option to
purchase parcels #1 and #4 will also hold back funds contingent upon this clearance from DEP.
Council Member Renick stated she did not wish to purchase a contaminated site. She asked if the
other two parcels are contaminated as well.
Mr. Norquist stated that the Icehouse property (parcel #4) has had a Phase One Environmental study
done and is clean and that he has a letter fi'om DEP to that effect.
City Manager Saunders stated that parcel #1 has always been residential property.
Mr. Norquist concurred with that statement.
Mayor Turville stated that the City would be purchasing a clean piece of property because the
closing documentation stipulates that it will be done within a certain time frame.
Mayor Turville stated that the property would eventually remediate itself if lei~ alone but that Mr.
Norquist will accelerate the cleanup because the City wants to build over the contaminated site.
CITY OF CLERMONT
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Page 9
Resolution No. 1227
Mayor Turville read the resolution and stated the purpose of the resolution is to authorize the City
Manager to sign all closing documents for the purchase of parcels #2 and #3.
A motion was made by Council Member Biddle, seconded by Council
Member Mullins, and carried bY a vote of_four to one to move_forward
with the purchase of Norquist parcels #2 and #3 bY adopting Resolution
No. 1227, with Council Member Renick being the opposing vote.
Clermont Historical Society - Lease Agreement
Micki Blackbum Wolfe, President of the South Lake County Historical Society, Inc., requested a
one year extension of the current agreement to allow the Society to construct and operate a
Historical Village on the old City barn property because more time is needed to move the Townsend
house and because the City might wish to have the Historical Village located at another site.
City Attorney Guthrie stated language could be added to the existing agreement allowing for the 12
month extension of time and stipulating that if the alternate site is determined to be available to the
Historical Society then the subject property originally indicated in the agreement shall be released
from the agreement, and that all terms and conditions of the agreement shall apply to the new site.
City Manager Saunders recommended that the City Council advise the Historical Society of which
site by a certain date.
Discussion followed regarding the alternate site.
It was the consensus of the City Council to advise the Historical Society which site to locate the
Village on by September 25, 2001.
A motion was made by Council Member Biddle, seconded by Council
Member Mullins, and carried unanimously to amend the Agreement
between the City and the South Lake County Historical Society, Inc.
to allow an extension of 12 months and to allow the City to designate
which site the Historical Society is to be located on.
Variance Request - Cambridge Homes
Planning Director Brown stated that the applicant is requesting a variance to driveway standards
to allow a driveway slope of 11% as opposed to 6% as allowed by code for 345 Rob Roy Drive.
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He stated that the driveway was originally constructed per code but that during construction the
apron was cracked and the owner decided to reconstruct the driveway so that vehicles would not
scrape the drive. He stated that Staff supports the request.
Mayor Turville opened the public hearing at this time.
Deputy City Clerk Studdard swore in the following:
Michael Smith of Cambridge Homes, Ltd., 242 N. Westmonte Drive, Altamonte Springs, FL,
spoke regarding the request and stated that they did everything to code except the slope and that
now vehicles do not scrape the drive.
Mayor Turville asked if there is a bump in the sidewalk now.
Mr. Smith stated there is not.
Mayor Turville closed the public hearing at this time.
A motion was made bp Council Member Biddle, seconded by Council Member
MacLauchlin, and carried unanimously to approve the variance request.
Resolution No. 1205
Mayor Turville read the resolution by title only.
Planning Director Brown stated that the applicant, Presco Associates, LLC, is requesting a
Conditional Use Permit to create a Planned Unit Development consisting of a shopping center with
up to 160,086 square feet of retail space, six out parcels and professional office and restaurant uses
for the property located at the northeast comer of U.S. 27 and Citrus Tower Boulevard. He stated
that a shopping center is a conditional use in the C-2/General Commercial zoning district.
Planning Director Brown stated he would like to make the following changes to Resolution No.
1205:
Page 1, paragraph 4, change four (4) out parcels to six (6) out parcels
Page 2, Section 2, #1, change four (4) out parcels to six (6) out parcels
Page 2, Section 2, #3, add after 'each out parcel' the words ' along U.S. 27'.
Page 2, Section 2, #4, change the first sentence to read ' Retail and grocery store users shall
not "go dark" as specified in the following language'.
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Mr. Brown then provided written language to be added which was made a part of the record. ( He
stated this is the language from the Publix at King's Ridge CUP.)
Page 4, Section 6, #6, add the word 'canopy' to 'required trees'.
Planning Director Brown stated that Staff recommends approval of the request.
Mayor Turville opened the public hearing at this time.
Deputy City Clerk Studdard swore in the following:
Bob Shakar, 230 Mohawk Road, President ofPresco & Associates, LLC, spoke regarding the
request. He stated he would like the delete the use of the word 'minimum' as used in Section 6, #1.
He stated he would like to provide 40% of the required live oak trees versus 60% under Section 6,
#6 and that he would like to delete the words 'limited to 100 square feet' from Section 7 and add the
words 'providing square footage that will comply with the City of Clermont Land Development
Regulations as they apply at the time of permit'.
The City Council discussed the proposed changes with Staff and Mr. Shakar.
Mayor Turville stated he felt the sign limit of 100 square feet in Section 7 should remain.
Planning Director Brown stated he would like to add Condition #5 to Section 2 of the Resolution
that limits the number of convenience stores/gas stations allowed on the out parcels to one.
Jane Caldera of Avid Engineering, Inc., 2300 Curlew Road, Suite 100, Palm Harbor, FL, spoke
regarding the traffic study provided by her firm.
Discussion followed regarding the traffic study.
Mr. Carl Palmisciano, 3916 Pagan Court, asked the reason for the lengthy debate regarding the
trees.
Mayor Turville explained that there are various reasons including which varieties supply best
canopy and growth and cost.
Council Member Biddle stated that a minimum of 60% of the required canopy trees located in all
parking areas shall be live oak trees and eliminate the requirement regarding the eastern boundary.
Council Member Renick stated she wished the irrigation water to be provided by the City system
until reuse water is available.
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Page 12
Discussion followed regarding the best source of irrigation water for the site.
City Manager Saunders stated that at the end of Section 6, #7, the following language should be
added after the word 'well': 'or irrigation meter connected to the City system. Final determination
for source of irrigation water shall be made by the City Council prior to commencement of
construction.
Discussion followed regarding the construction of Citrus Tower Boulevard.
It was the consensus of the City Council to delete the word 'minimum' as it applies to landscape
buffers in Section 6, #1.
Mayor Turville closed the public hearing at this time.
A motion was made by Council Member Biddle, seconded by by Council
Member MacLauchlin, and carried unanimously to adopt Resolution 1205,
as amended.
Resolution No. 1207
Mayor Turville stated a letter has been received withdrawing this request.
NEW BUSINESS
Request for Forgiveness of Lien
City Manager Saunders stated the nature of the request and recommended referring this back to the
Code Enforcement Board prior to a decision being made.
Discussion followed regarding whether the property is currently up to code or not.
Council Member Biddle stated he would concur with Staff's recommendation.
Mayor Turville stated he did not wish to have the family wait until the code Enforcement Board could
make a recommendation.
A motion was'made by Council Member MacLauchlin, seconded by Council
Member Biddle, and carried unanimously to_forgive the lien as long as the
property is in compliance with City Code.
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Adult Entertainment Ordinance
City Attorney Guthrie explained that the City Council can opt in on the recent County ordinance as it is
written with minor land use changes, add to it prior to adoption, or choose not to adopt any ordinance
regarding adult entertainment. He further stated that the City Council's consideration of adoption of this
ordinance allows the City to fall under the Pending Ordinance Doctrine until such time as an ordinance
is adopted.
It was the consehsus of the City Council to direct Staffto set guidelines and regulations for adoption of
an ordinance pertaining to adult entertainment.
A motion was made bp Council Member Biddle, seconded by Council Member
Mullins, and carried unanimously to direct Sta_f_f to set guidelines and regulations
pertaining to the adoption of the Count_ 's Adult Entertainment Ordinance.
Ordinance No. 311-C - Introduction
Mayor Turville read the ordinance by title only.
A motion was made by Council Member Biddle, seconded by Council Member
Renick, and carried unanimously to introduce Ordinance No. 311-C.
Ordinance No. 313-C - Introduction
Mayor Turville read the ordinance by title only.
A motion was made by Council Member Biddle, seconded by Council Member
MacLauchlin, and carried unanimously to introduce Ordinance No. 313-C.
U.S. 27 Sand Mine
Council Member Renick asked City Attorney Guthrie how best to notify the County of the City's
opposition to a request for a land use .change.
Mayor Turville stated his concern is that if the City makes a strong public stance then the applicant may
come before the City at a later time believing that the City has already formed an opinion as to the
request.
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City Attorney Guthrie stated that while the fear the Mayor expressed may come to pass, since it is not
before the City at this time the City could go ahead and take a stance since this property is on the City's
borders.
Discussion followed regarding how to handle questions from County Staffregarding the City's stance
on issues.
It was the consensus of the City Council to direct Staff to send a letter to the County stating its
opposition to this request.
Mayor Turville asked if anyone wished to speak to the City Council on any other issues.
Jim Purvis, 4206 Hammersmith Drive, spoke regarding Resolution No. 1207 and the possibility of a
fountain being installed at Center Lake.
There being no further business, the meeting was adjourned at 10:55 p.m.
~'""~' Hal Turville, M~or
Attest:
J~ph Lff.. Van L~e, City Clerk