10-22-2002 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, October 22, 2002 at
Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following
Council Members present: Council Members Caputo, Dupee, Mullins and Renick. Other City officials
present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City
Clerk Studdard.
INVOCATION
Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by
all present.
PROCLAMATIONS
Mayor Turville proclaimed the month of October as Head Start Awareness Month and as National
Epilepsy Awareness Month and publicly read each proclamation into the record.
Council Member Dupee spoke regarding the Head Start program coming to Clermont.
MINUTES
,4 motion was made by Council Member Mu!lins, seconded by Council Member Caputo,
and carried unan#nously to approve the minutes of the October 8, 2002 Cit~ Council
meeting.
Council Member Dupee questioned the accuracy of the time of her departure from the Jhne 6, 2002
Special Meeting. ,
City Manager Saunders stated he believed the time of departure should be 4:45 p.m. instead of 5:45 p.m.
and further stated that the time of adjournment should be changed to 5:25 p.m.
A motion was made bY Council Member Caputo, seconded by Council Member Mullins,
and carried unanimously to approve the minutes of the Workshop tneetings held April 4,
2002, April 30, 2002, May 30, 2002, July 8, 2002 & July 10, 2002, and to approve the
minutes of the Special Meeting held June 6, 2002, as amended.
REPORTS
City Manager Saunders
City Manager Saunders reminded the City Council of the scheduled joint workshop with Minneola to be
held on October 24, 2002 from 6:00 to 8:00 p.m. at the 2nd Floor Community Room at the Lake Sumter
Community College South Lake Campus located on Hancock Road.
City Manager Saunders stated that Rose Biddle of Clermont Main Street had requested that Montrose
Street from West Avenue to Seventh Street be closed for the Non-Flea Market event to be held downtown
on November 9, 2002.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 2
Council Member Mullins stated this event is. to coincide with the Animal League event of the same time
and place.
A motion was made bY Council Member Mullins, seconded by Council Member Caputo~
and carried unanimously to approve the street closing as requested.
Council Member Mullins
Council Member Mullins stated he had attended the Economic Development & Tourism 'Money For Fun'
Workshop session last Thursday. He spoke regarding the workshop being very informative and
worthwhile.
Council Member Caputo
Council Member Caputo stated he had been asked by John Moore and A1 Schlazer to serve on a Tourist
Development Committee as a part of the League of Cities.
Council Member Dupee
Council Member Dupee stated that the South Lake Chamber of Commerce Business After Hours will be
held at the new Marie's Cards & Gifts store on U.S. 27 on November 7, 2002. She stated that she will be
attending her first Board meeting of Lake Apopka Natural Gas on Monday. Council Member Dupee then
stated that the funding for the West Orange Transportation Task Force had been overlooked in the current
budget and requested that an amendment be added to the budget to provide the $3500 needed for this
project.
Discussion followed regarding this request.
Mayor Turville requested that this item be advertised for a future City Council agenda.
Mayor Turville
Mayor Turville stated that he had attended the East Central Florida Water Supply Initiative meeting last
Thursday, which concluded Phase I of this effort. He stated that he sat on a panel of four who discussed
issues of regional water resources and that these meeting had been interesting and well attended.
CONSENT AGENDA
Item 1 - Tournament Approval
Approval of Clermont Girls Softball League
Tournament to be held November 2 & 3, 2002
and request for reduction of fees
Item 2 - Bid Award
Reclaimed Water Main Extension
Item 3 -East Side Well g4
Change Order #1 - Jaffer Associates, Ltd.
Item 4 -New City Hall Change Order #2 - McCree, Inc.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 3
Item 5 - Final Plat Approval Lost Lake Tract F
Item 6 - Open Air Sales & Tent Permit Request for Open Air Sales & Tent Permit for
the sale of Christmas trees from November 10,
2002 through December 31, 2002 on property
located on the vacant parcel next to Dunkin
Donuts
Mayor Turville asked if anyone wished to pull any of the six items for discussion.
A motion was made b~¥ Council Member Caputo, seconded by Council Member Mullins,
and carried unanimously to approve Items 1- 6 o£ the Consent ~4genda.
UNFINISHED BUSINESS
Resolution No. 1262 - Lennar Land Partners
City Manager Saunders stated that the applicant had submitted a letter requesting withdrawal of this item.
VISITORS WITH BUSINESS
SK Consortium, Inc. - Request for Water & Sewer - East Towne Center
Mayor Turville stated this is a request for water and sewer service for property located at State Roads 50
and 455.
Planning Director Brown stated that the next five items on the agenda are requests for water and sewer
service for properties located east of the City limits along State Road 50.
Planning Director Brown pointed out the location of this proposed project, the East Towne Center, on
overhead display. He stated the project is planned as a Publix store with two commercial out parcels and
that Lake County will require the project to have water and sewer service. He then stated that the
projected water consumption level would be 10,000 gallons per day.
Mayor Turville asked if anyone wished to speak on this issue.
Jimmy Crawford, legal representative for the applicant, spoke regarding the request and stated he would
answer questions as needed.
Jim Douglas, 2031 Crestridge Drive, asked how providing service outside the City limits would impact
water usage in Clermont.
Robert Beasley, 1345 Twelfth Street, spoke regarding water restrictions and higher water rates being
imposed on City residents and voiced opposition to providing service outside the City limits.
Nancy Fullerton, Clermont resident, spoke regarding these requests for service in this particular area and
how the City's choices are affected by the Lake Utilities issue. She spoke regarding water issues as well.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page ~1
Bill Goode, Clermont resident, asked where the City limits are located and where the current service
boundaries are located. He also asked the geographical requirements to serve projects.
Anthony Travelli, 860 Island View Circle, asked if these developments would be built by City Land
Development Regulations.
Mr. Crawford stated that water restrictions are imposed and governed by the St. Johns River Water
Management District and stated that this area was included in the projected usage amount for the City's
Consumptive Use Permit as residential usage, which would be higher.
Casidys Suvongse, 'Principal o:f SK Consortium, the applicant, spoke regarding the project and gave
details of the development. He then spoke regarding dedications of fights of way that were provided for
roadway realignments and regarding their plan for drought tolerant landscaping.
Mayor Turville addressed Mr. Douglas' concern by stating that the water will still be used no matter
where the project lies, but that the City's Consumptive Use Permit would not be affected if Lake Utilities
provided the service. He then gave a brief history of the City's Consumptive Use Permit process with the
St. Johns River Water Management District and stated that in the year 2012 the allowance would revert
back to the 2001 level. He stated that the City is located in a precarious resource problem area and that the
District has been attempting to create new water resources. He then stated that the public concern
regarding higher water rates is valid.
Planning Director Brown gave the location of the City's current water'lines and outlined the Chapter 180
service area. He explained that this area was adopted by ordinance approximately 12 years ago as the
planned service area for water and sewer.
Mayor Turville stated that a plan adopted 12 years ago was not necessarily reflective of the City's current
ability to serve.
Mr. Good asked if the City was consulted regarding the preliminary approval for plans outside the City.
Mayor Turville spoke regarding annexation of the property in the required agreement for service.
City Manager Saunders stated that the agreement requires that City Land Development Regulations be
met for the project. He then spoke regarding his finding that some County requirements had changed and
seemed more restrictive that City requirements.
Council Member Renick stated the City should update its Code to be more restrictive.
Planning Director Brown stated he is modeling new ordinances and researching Lake County guidelines
in that process.
Council Member Dupee spoke regarding Magnolia Point being required to pioneer and oversize the lines
at time of hookup.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 5
City Manager Saunders stated the City and developer did oversize the lines and lift stations at that time.
He stated that the City is waiting for customers from an economical perspective. He stated that more
customers help to lower rates and that these areas were calculated in the new permit requirements.
Mr. Beasley spoke regarding the oversizing of lines as they relate to his water service.
Howard Barry, Clermont resident, spoke regarding the St. Johns River Water Management District and
questioned if they are the governing authority. He also spoke regarding a report issued by the District
titled '2020'.
Mr. Crawford stated that the lines are already extended and the agreement to be executed if approved
requires the applicant to cover cost of any further extensions. He stated that the lift stations were sized to
handle this request as well. He then stated that the 2012 requirements can be met if the use of potable
water for irrigation purposes is reduced.
Frances Hartle, Lake County resident, challenged statement that developers dedicated easements for lines
and stated they were already in place.
Mr. Douglas asked if the City could stop others from providing service to the project.
Mayor Turville stated.that service would be provided from some source.
Mr. Good asked if the City knew the private utility provider boundaries and the location of the Tower
Chemical site.
City Manager Saunders stated the service area for private utilities is currently south of this area and not
s.erving S. R. 50, but that they could request a franchise for the area at any time.
Planning Director Brown pointed out the Tower Chemical (or Super Fund account) site on overhead
display.
Mayor Turville gave a brief explanation of this issue.
Mr. Barry state the Federal Government is not addressing this problem.
Mayor Turville closed the public hearing at this time.
Council Member Caputo spoke regarding annexation of the property and stated that the water rates in the
City had recently been lowered. He stated that more users will result in lower rates. He then spoke
regarding the Consumptive Use Permit requirements and the need for other resources and reuse water.
Council Member Mullins agreed with Council Member Caputo and stated that the property owners along
this area were promised utility service in the future in return for the dedication of easements.
City Manager Saunders concurred that those agreements were made.
Council Member Mullins stated that the City should be trustworthy and honor those agreements.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 6
Council Member Renick stated that at the time those promises were made they did not take the current
situation into account.
Council Member Mullins stated this area was factored in for Consumptive Use Permit purposes and that
the more we take in the more we recycle.
Council Member Renick stated that these projects are not high water users and were approved by Lake
County. She then asked if the approval was based on Clermont serving utilities. She spoke regarding not
knowing if Lake Utilities will serve this area.
Mr. Crawford stated that all five of the projects have zoning and land use approval with the requirement
of central water and sewer when available. He provided a copy of this requirement. He stated that if
Clermont chooses not to serve then the project would begin with well and septic.
Council Member Renick stated that the City needs joint planning with Lake County. She stated that these
projects are already approved by Lake County and were calculated in the City's current Consumptive Use
Permit service area. She stated that these are lower consumption users than residential and that the
developers will bear all costs. She then stated that she would typically be against providing services but
that she is willing to serve these lower consumption users.
Council Member Dupee spoke regarding Lake Utilities willingness to serve development in the area and
regarding the oversizing in the area by the City in preparation for this type of service. She then stated that
the City needs to serve to help toward paying off its bond issue and that Lake Utilities will take over if
given the opportunity.
Council Member Renick stated that it is important to stay within the Consumptive Use Permit parameters
and not worry about other providers.
Council Member Caputo stated that the City is required to submit usage information each year to the St.
Johns River Water Management Dislrict, which helps to govern our decisions, and that the City Council
must take care in its decision making for that reason. He spoke regarding the jobs to be made available by
this project and regarding joint planning.
Council Member Renick requested that Planning Director Brown verify that this project can proceed with
Lake County if service is provided.
City Manager Saunders stated that the direction given to this applicant was typical Lake County language
and spoke regarding the City's recent experience in turning down the proposed car lot in the same area
and it moving forward with well and septic.
Council Member Dupee spoke regarding the attempt over the years by Lake County and the League of
Cities to accomplish joint planning.
Mayor Turville stated that governance by Lake County was the main issue of contention.
Mayor Turville then stated that while the City has the capability to serve and these projects are not large
consumers, can they serve all projects that Lake County approves?
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 7
He stated his assumption that all five of these requests come before the City Council now due to the
backlog caused by the Consumptive Use Permit process but that this cannot continue because it would
hand over the City's water to Lake County. He spoke regarding planning, transportation and his concern
that approval of these requests might sponsor more applications. Mayor Turville then stated that the
City's future debt management was not dependent upon these hookups and stated that Lake County is
obligating Clermont to perform and is capable of approving projects over and above the City's ability to
serve them. Mayor Turville stated that he could not support approval of these projects and encourage
conservation at the same time. He stated that more information regarding the condition of approval by
Lake County and resource recovery is needed and stated that he wished to have requests come in a more
timely fashion.
Council Member Renick stated that her question regarding Lake County approval had not been answered
adequately by the paperwork provided by Mr. Crawford. She stated that she had spoken to Lake County
and they were unclear and that she wants a clear answer before making a decision.
A motion was made by Council Member Renick, seconded by Council Member Caputo,
and carried bp a vote of 3 to 2 to table the request for service, with Council Members
Dupee and Mullins being the opposing votes.
Senninger Irrigation - Request for Water & Sewer
Planning Director Brown explained the request and gave the location of the property.
Bennett Walling of Walling Engineering spoke regarding the project and stated they expect to receive
Certificate of Occupancy by next November. He spoke further about the project expectations.
Fred Elliot of Senninger Irrigation, the applicant, spoke regarding the project and water conservation. He
stated they will be a low water consumer and just need an answer. He then requested that the City at least
consider providing sewer and fire hydrant for the project.
Bob Beasley spoke regarding Lake County forcing Clermont to make these type decisions.
Gail Ash stated that the St. Johns River Water Management District should be blamed for this situation as
well as Lake County.
Bill Good stated approval of these projects would change urban expansion to strip commercial and spoke
regarding transpor/ation impacts.
Council Member Renick requested a break at this time.
Mayor Turville adjourned the meeting for a short break at 9:15 p.m. The meeting reconvened at 9:30 p.m.
Council Member Renick stated that this project being different, as it will use less water and produce less
traffic than a commercial project.
Council Member Dupee spoke regarding two of the projects being business parks.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 8
City Attorney Guthrie stated that these are policy decisions and each can be considered individually.
Mayor Turville clarified with Mr. Walling that they are requesting full service.
A motion was made by Council Member Caputo, seconded by Council Member Renick,
and carried by a vote of 4 to 1 to approve the request for water and sewer, with Mayor
Turville being the opposing vote.
SK Consortium, Inc. - Request for Water and Sewer
Planning Director Brown explained the planned use of this project as a commercial subdivision and
pointed out the general location on overhead display. He stated that the projected water consumption level
is 5,880 gallons per day.
Bob Mandell spoke regarding requesting this service earlier in the year but holding off until after the City
had completed its Consumptive Use Permit process. He stated that the project is cl6se to current City
limits and that just sewer service and fire hydrant is sufficient is that is all the City chooses to provide. He
then stated he would install a sidewalk that had been requested by Planning Director Brown and would
prefer that all utilities be provided as one system.
Nancy Fullerton spoke regarding creating a commercial strip and asked if there is a plan for this area.
Planning Director Brown stated that all projects have the proper County land use and zoning. He stated
his understanding that the City wished to be consulted for utility service first prior to Lake County
approving projects with well and septic.
Council Member Caputo asked how accurate the water demand estimates were.
City Manager Saunders stated they are based on industry type averages and that, typically, the rate
assigned is more than the actual consumption level unless the user is a manufacturer.
Bob Mandell spoke regarding his experience of the rate being arbitrary and based on square footage.
City Manager Saunders stated that applicants regularly come back with requests to adjust their impact
fees to the actual lower rates. He stated these requests are not met.
Council Member Renick clarified that Lots 3 and 4 must come back for approval. Mr. Mandell stated they
would.
Council Member Mullins stated there is not much industry in the City and that the opportunity for an
employment center close to the City is desirable.
A motion was made bY Council Member Dupee, seconded by Council Member Mullins,
and carried by a vote qf 4 to 1 to approve th~ request for water and sewer, with Mayor
Turville being the opposing vote.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 9
YOLO Magnolia Center - Request for Water & Sewer
Planning Director Brown explained the plan for a grocery store and retail center with three out parcels
and an office buildings.
He stated that the project is located just east of Magnolia Point Boulevard on State Road 50. He stated
that site plans have not been submitted to Lake County at this point and stated that the projected water
usage is 32,000 per day.
Jimmy Crawford spoke as legal representative for applicant regarding the project and stated they have the
same status at Lake County as Senninger Irrigation. He stated the project can install package and
treatment on site but would prefer City service.
Mayor Turville asked if Staff approves this size project at Lake County level.
Mr. Crawford stated that the Board of County Commissioners approved the zoning for up to 300,000
square feet.
Egor Emory stated that Lake County is designing Clermont's borders and that the City should reject all
unfinished plans.
Cassidys Suvongse spoke regarding the City being included in Lake County's Comprehensive Plan.
Bob Beasley stated that the citizens of Clermont do not wish to service projects outside the City but want
to help residents first.
Council Member Renick stated she does not want to see a package plant and asked if the City could slow
development by saying no. She stated she understood that people will stop there but it is important to
keep State Road 50 moving.
A motion was made b_¥ Council Member Renick to table this request. Motion died due to lack of second.
Mr. Crawford spoke regarding Lake County's decision that the project can build and connect when
available. He stated they are fine if the decision is tabled to the meeting of November 12, 2002 but
anything beyond they would need to move forward.
Council Member Caputo requested to see the traffic studies done for the project.
Mr. Crawford stated he could provide them and that they were presented to Lake County during that
process.
Council Member Dupee stated that if a package plant is installed here it may serve the other two projects
nearby as well.
Council Member Mullins stated that the developer moved forward with the understanding that service
would be provided.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 10
,4 motion was made b_¥ Council Member Mullins, seconded b~¥ Council Member Dupee,
and carried by a vote of 3 to 2 to approve the request for water and sewer, with Ma_¥or
Turville and Council Member Renick being the opposing votes.
Nell Britt - Request for Water and Sewer Service
· Planning Director Brown stated this project is planned as a commercial/industrial project and that a site
plan has been submitted to Lake County. He then pointed out the general location of the property and
stated that thc projected water usage would be 8,000 gallons per day.
Tim Green, Green Consulting Group, stated that the zoning for this property had been brought down from
heavy industrial to commercial to coincide with the Magnolia Point property. He spoke regarding joint
planning and stated that the City can exercise its Land Development Regulations through thc agreement
for service. He spoke regarding the project.
Bill Good spoke again regarding Lake County approving City borders and regarding transportation
impacts..
,4 motion was made b~¥ 'Council Member Renick to table the request. Motion died due to lack of secondr
,4 motion was made by Council Member Mullins and seconded by Council Member Dupee
to approve the request for water and sewer. Motion failed b_¥ a vote of three to twot with MaYor
Turvillet Council Member Caputo and Council Member Renick being the opposing vote.
Abraham & Carmen Romero - Variance Request
Planning Director Brown explained the request and stated that thc variance was improperly advertised as
a 20 foot side yard setback.
Mayor Turville advised the applicants that thc request would be delayed due to this circumstance.
Mr. Brown stated he would advise the applicants of the new hearing date.
City Attorney Guthrie advised the City Council to take no action on the request at this meeting but bring
back after advertising.
Jimmy D. Crawford - Variance Requests
Council Member Mullins abstained from this hearing process duc to being a property owner.
Planning Director Brown explained thc request and stated that Variance Request #2 should reflect a $ foot
landscape buffer where it shows a 10 foot one.
Mayor Turville suggested that both requests be tabled to the meeting of November 12, 2002.
,4 motion was made by Council Member Caputo, seconded b_¥ Council Member Dupee,
and carried unanimously to table the request to the meeting of November 12, 2002, (time certain).
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 22, 2002
Page 11
NEW BUSINESS
Resolution No. 1290
Finance Director Van Zile stated this resolution would amend the sanitation fee schedule so that
customers who vacate their property for more than 30 days would no longer be allowed a waiver of
service but would be charged a reduced fee of $10.00 per month, as a cost is still incurred by the City to
provide service. He stated that this resolution also provides a reduction in the cost of a second garbage
container from $17.50 to $10.75 per month. He stated that both changes would take affect on November
1, 2002.
Council Member Caputo requested that the cost of replacement container be specific as to whether it is a
small or large container.
City Manager Saunders stated this could be adopted tonight and the change made later.
A motion was made by Council Member Mullins, seconded by Council Member Caputo,
and carried unanimously to adopt Resolution No. 1290.
Mayor Turville stated that the City Council had reached the end of the meeting agenda and asked if
anyone wished to speak on any other issue.
Bob Beasley spoke regarding the water issue.
There being no further business, the meeting adjourned at 10:45 p.m.
Hal Turville, Mayor