08-27-2002 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27, 2002
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, August 27, 2002 at
Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:30 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
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 Renick requested that her comment on page 5 of the minutes of the August 13, 2002
meeting be corrected to reflect that South Lake Hospital is considering a butterfly garden in the courtyard
of their planned Women's Center.
A motion was made by Council Member Dupee, seconded by Council Member Mullins,
and carried unanimously to approve the minutes o_f the August 13, 2002 Ci_ty Council
meeting, as amended.
REPORTS
City Manager Saunders' Report
City Manager Saunders recommended that the City Council schedule a budget workshop meeting to be
held August 28, 2002 at 8:00 p.m. at the Police Department.
A motion was made by Council Member Renick, seconded by Council Member Caputo,
and carried unanimously to hold a Budget Workshop meeting on August 28, 2002 at 8.'00
p.~n. at the Police Department.
City Manager Saunders recommended that the City Council schedule a regular Council workshop
meeting to be held September 4, 2002 at 6:00 p.m. at the Police Department.
A motion was made by Council Member Caputo, seconded by Council Member Renick,
and carried unanimously to hold a Council Workshop meeting on September 4, 2002
6:00p. m. at the Police Department.
City Manager Saunders reminded everyone that the September 10, 2002 City Council meeting is
scheduled to begin at 7:30 p.m. due to the election.
Mayor Turville expressed concern regarding whether the meeting can begin at 7:30 or not.
City Manager Saunders stated that the meeting could begin at 7:30 or as soon thereafter as possible.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27, 2002
Page 2
A motion was made by Council Member Mullins, seconded by Council Member Renick,
and carried unanimously to begin the September 10, 2002 Ci_ty Council meeting at
7.'30 or as soon therea_fter as possible.
City Manager Saunders stated that the joint workshop meeting with the City of Minneola had been set for
September 9, 2002 but there was not an available meeting place on that evening, therefore efforts would
continue to set that meeting as soon as possible.
Discussion followed regarding this meeting.
City Manager Saunders stated that the Townsend House is scheduled to be moved on Thursday, August
29, 2002 at midnight. He stated that a meeting had taken place earlier this week of all parties involved in
the move.
City Manager Saunders stated that Utilities, Inc. is making application to the Public Service Commission
to extend their service area to include the areas south of the City limits and east of U.S. 27. He stated that
this would include the area along Hartwood Marsh Road. He stated that it would be in the best interest of
the City to send a letter of objection to the Public Service Commission objecting to this application, and
especially to extending their service into the area that the City of Clermont has already adopted as its
Chapter 180 Utility Service District.
,4 motion was made by Council Member Mullins, seconded by Council Member Dupee,
and carried unanimously to direct Ci_tv Manager Saunders to send letter of objection to
the Public Service Commission, as recommended.
Council Member Dupee requested that this item be placed on the September 10, 2002 City Council
agenda for further discussion.
City Attorney Guthrie's Report
City Attorney Guthrie reported that Lake County Supervisor of Elections Emogene Stegall has informed
City Staff that, because of new time requirements in the recent election reform, her office will be unable
to conduct the City of Clermont's elections this year and that the City must conduct its own. Mr. Guthrie
stated that the City must conduct the elections by paper ballot. City Attorney Guthrie stated that this was
triggered by the fact that the City has a primary race this year, which it traditionally does not have. He
stated that the City Charter dictates that the primary election is held on or about October 1, 2002, which
does not comply with the time requirements of the new election law. City Attomey Guthrie stated that a
meeting will take place Friday, August 30, 2002 between City Manager Saunders, Finance Director Van
Zile, City Attorney Guthrie and officials of the Lake County Supervisor of Elections office to determine
what level of assistance their office will provide to the City and requested that the Council pass an
ordinance authorizing the use of a paper ballot for this election year. He stated that a press release will be
issued when all issues have been addressed.
Discussion followed regarding absentee ballots, providing information to the public, and other aspects of
the election.
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 3
City Attorney Guthrie stated that the meeting on Friday will determine how absentee ballots, as well as
other aspects of the election will be handled.
Mayor Turville and City Attorney Guthrie discussed the County-wide September 10 primary election
being completely automated, the October 1 City of Clermont primary as a paper ballot election, and
everything in the general election of November 5 automated except Clermont, which would be a separate
paper ballot.
Discussion followed regarding how these new laws affect cities.
Jerry Turner, a Clermont resident, asked how to obtain an absentee ballot for the election.
City Attorney Guthrie stated that the City would have this information after Friday.
Jim Purvis, a Clermont resident, stated that decisions should be made tonight regarding elections.
City Attorney Guthrie stated that the City is working to resolve all issues as quickly as possible.
Council Member Dupee recommended that Staffrequest that the Lake County Supervisor of Elections
take names and addresses for absentee ballot purposes until the meeting takes place on Friday.
City Manager Saunders stated that City Attorney Guthrie has been working with the State Division of
Elections as well as Lake County Supervisor of Elections office and has received some conflicting
information, which is the reason for the meeting on Friday.
Council Member Dupee's Report
Council Member Dupee stated that Lost Lake Reserve was scheduled to be on the agenda last Wednesday
for the East Central Florida Regional Planning Council DRI, but it has been postponed until September.
Council Member Dupee stated that the South Lake Chamber of Commerce Breakfast is scheduled for
7:30 a.m. on September 20 and that Representative Carey Baker will speak, with the sponsor being
University of Central Florida.
Council Member Dupee stated she had attended the Florida League of Cities Conference held in Boca
Raton and had enjoyed it.
Council Member Caputo's Report
Council Member Caputo stated that the Board of Cooper Memorial Library has met with Lake County in
working toward Cooper Memorial becoming a Lake County Library, and that the Lake County Board of
County Commissioners will vote on the issue in September. He stated that the employee parking lot light
is now operational thanks to City Manger Saunders.
Council Member Caputo then requested that the City Council have a consensus or make a motion to
direct City Manager Saunders to schedule a joint workshop meeting of the City Council, the Planning &
Zoning Commission and the owner of Center Lake Properties to discuss annexation of the 450 sand mine
acres on Hancock Road.
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 4
Mayor Turville asked City Attorney Guthrie how the quasi-judicial laws would affect such a workshop
and discussion of future annexation.
City Attorney Guthrie stated that annexation is a policy decision and that the topic can be safely
discussed.
Council Member Renick stated that there is also a request for land use change.
City Attorney Guthrie stated that the land use change is not before the City of Clermont.
Council Member Mullins asked if it is appropriate for the City to request the meeting if the landowner has
not made a request of the City.
City Attorney Guthrie stated that it is permissible for a City to do so.
Mayor Turville asked if it would be appropriate to have discussion at the workshop of proposed land uses
on the proposed annexed property.
City Attorney Guthrie stated that any current land use changes are before Lake County and if it appears
that the owner is interested in annexation into the City then the City Council should enter the quasi-
judicial process.
Council Member Dupee stated that the property owner's land use change request has been postponed at
Lake County until at least December.
Council Member Caputo stated that this meeting would be a way to determine if the property owner is
interested in annexation into the City.
Council Member Dupee stated that the developer is interested in being a part of the City.
Mayor Turville stated his concem is that if the Planning & Zoning Commission and the City Council
discuss this project with the developer in advance they may be predisposed to certain ideas during the
hearing process. He asked if this discussion could be advertised and placed on an agenda to make the
public aware it.
City Manager Saunders stated that the City could take care to ensure that the item is an agenda item for an
advertised workshop.
City Attorney Guthrie stated the workshop environment is a better one for this discussion since no final
actions are taken.
Council Member Renick stated she would prefer that this be discussed at a regular City Council meeting
because more of the public is in attendance and to avoid sending a message to Lake County that the City
wants to annex the property. She stated that the discussion should be about the land use change because
discussion of annexation would get into the project itself.
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 5
Mayor Turville concurred with Council Member Renick that if the City Council comments on the land
use change request before Lake County then the City is lending itself to the project.
Discussion followed regarding the appropriate topic to be discussed at the proposed workshop.
Council Member Caputo stated the City Council should take the lead and talk to the property owner and
that the Planning & Zoning Commission should be a part of it because the City will be looking at bringing
450 acres into the City and it should plan how to do it whether it sends a message to Lake County or not,
since they will vote how they choose.
Council Member Mullins concurred with Council Member Caputo and stated that planning is the only
way to control future growth. He spoke regarding the Hessburg sand mine property just west of the City
recently being annexed by the City of Groveland.
A motion was made by Council Member Caputo, seconded bY Council Member Dupee,
and carried bp a vote of 3 to 2 to direct City Manager Saunders to coordinate a joint
workshop of the Ci_ty Council, the Planning & Zoning Commission and Center Lake Properties,
with Mayor Turville and Council Member Renick being the opposing votes.
Mayor Turville's Report
Mayor Turville stated that he had attended a regional water supply meeting and reported that these are
information sharing type meetings and that they are ongoing.
Mayor Turville stated that he had received a complaint regarding enforcement of smoking in the City
parks. He stated that they questioned why is was not being enforced at the Palatlakaha Park play area.
City Manager Saunders stated that there are currently no signs posted around that area and that they can
be posted if the City Council desires.
City Attorney Guthrie stated he would need to research City Code to determine if smoking in open spaces
is prohibited.
CONSENT AGENDA
Item 1 - Facility Request
Request to use Bishop Field on Sundays
for the East Ridge High School fall season, and
to waive fees associated with usage
Item 2 - Facilities Request
Special Olympics
Request to use Hancock Area Basketball Court
on October 12, 2002, Palatlakaha Area Tennis
Courts on November 16, 2002 and Kehlor Park
Shuffleboard Courts on April 5, 2002 to host
coaches' clinics
Item 3 - Bid Award Trailer Mounted Trash Pump
Item 4 - Final Plat Approval
Item 5 - Final Plat Approval
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 6
Approval of final plat for The Bridgestone
at Legends - Phase II subdivision
Approval of final plat for Beacon Ridge
at Legends - Phase IH subdivision
Mayor Turville asked if anyone wished to pull any of the five items for discussion.
City Manager Saunders pulled Item 1 for discussion.
A motion was made by Council Member Caputo, seconded by Council Member Mullins,
and carried unanimously to approve Items 2 - 5 of the Consent Agenda.
City Manager Saunders stated that the City had received what they had thought was a request from East
Ridge High School to utilize Bishop Field for a fall season. He stated that historically the JV and Varsity
teams of the high schools have used Bishop Field for practices and games but that it was discovered that
this request is from an independent team playing AAU games in the fall. He stated that there are
independent teams that have been in the area for a while and that they pay the field fees, therefore he
recommended that this team be considered the same and pay the appropriate fees.
City Manager Saunders then asked if there was a representative in attendance to speak on behalf of the
request. No one spoke.
A motion was made by Council Member Mullins, seconded bY Council Member Caputo,
and carried unanimously to deny the request and to charge the appropriate_fees.
UNFINISHED BUSINESS
Ordinance No. 457-M - Final Reading
City Manager Saunders stated that this request for a Small Scale Comprehensive Plan Amendment should
be tabled to the next City Council meeting since Staff is still waiting for a cross-access agreement
associated with the request.
Jimmy Crawford, legal representative of the applicant, requested that this be tabled to the City Council
meeting of September 24, 2002.
A motion was made by Council Member Mullins, seconded by Council Member Caputo,
and carried unanimously to table Ordinance No. 457-Mto the meeting of September
24, 2002 (time certain).
Resolution No. 1262 - Lennar Land Partners
City Manager Saunders stated that the Planning & Zoning Commission has tabled this request to their
October meeting and recommended that the City Council table the item to the meeting of October 22,
2002.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27, 2002
Page 7
Council Member Caputo stated he wants the applicant to understand that he wants this request brought to
the City Council in 60 days or not at all.
Discussion followed regarding what the applicant's choices would be in this situation.
Mayor Turville passed the gavel to Mayor Pro Tem Mullins in order to second the motion.
A motion was made by Council Member Caputo, seconded by Mayor Turville,
and carried unanimously to table Resolution No. 1262 to the meeting of October
22, 2002 (time certain), and to hear the request at that time or have the request withdrawn.
Resolution No. 1266 - Montrose Business Plaza
Mayor Turville read the resolution by title only.
Planning Director Brown stated that this is a request for a Conditional Use Permit to construct a building
over 3,000 square feet on property located in the Central Business District at 898 West Montrose Street.
Mr. Brown added Condition #3 under Section 2 to read, "The extra driveway on West Avenue shall be
removed and as many angled parking spaces as possible shall be provided in the West Avenue right of
way between Montrose Street and the driveway into the existing post office".
Planning Director Brown stated that there are five variances being requested in conjunction with
Resolution No. 1266 in order to provide the required parking and construct the proposed building:
1) To be relieved from providing the 10 foot wide landscape buffer along the north property line
as required by Code,
2) To provide a 5 foot wide buffer along the eastern property line rather than the 10 foot wide
buffer as required by Code,
3) To provide a 9 foot wide landscape buffer adjacent to rights of way rather than the 15 foot
wide buffer required by Code.
4) To be relieved from providing interior parking lot landscaping as required by Code, and
5) To be relieved from providing a terminal landscape island at the end of a row of parking
spaces.
Jimmy Crawford, legal representative of the applicant, spoke regarding the project and landscaping
requirements as they relate to the Central Business District, and stated he would like the opportunity to re-
address the Council if necessary.
Mayor Turville opened the public hearing at this time.
Deputy City Clerk Studdard swore in the following:
Gene Crossley, 517 West Avenue, asked if the required parking for the project was based on the bottom
floor retail space and asked how the extra parking to be provided on the street will be posted for public
use. He stated that the parking in the area currently is being utilized primarily by post office employees.
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 8
Mayor Turville stated that the U.S. Postal Service is building a local distribution center, which will
remove 90% of the post office business ~vm the current site, leaving only the retail aspect. He stated they
are securing land now.
City Manager Saunders stated that the Postal Service has short listed properties at this point and is trying
to purchase the land by mid-September, with a prospective move in 12 months.
City Manager Saunders then stated that the parking being provided on the street will be designated as
public parking and stated that retail and office parking requirements are the same.
Mr. Crawford stated that they hope to have the project completed in 9 to 12 months.
Charles Niemeyer, 898 West Montrose Street, joint owner of the property, spoke regarding the problems
they are currently experiencing accessing the drive on the site due to the streetscape project and stated he
would like advance notification in the future.
City Manager Saunders stated the City notified the corporation at the address provided and apologized for
the oversight.
Discussion followed regarding this issue.
Mr. Crossley asked if different types of offices have different parking requirements.
City Manager Saunders stated that City Code does not make a distinction between types of office uses.
Mayor Turville closed the public hearing at this time.
Council Member Mullins questioned if the added Condition #3 of Section 2 should require that the
parking space design blend with the current style.
City Manager Saunders stated that the Site Review Committee would review to ensure that they are
properly designed.
Council Member Caputo stated that near the northeast rear of the property there is a lot of junk in need of
cleanup. He also requested that the angled parking be checked for safe positioning.
Council Member Dupee stated that Condition #3 on page 3 is not necessary and spoke regarding the
pending architectural design standards ordinance.
Planning Director Brown stated the condition is not strictly necessary.
Council Member Caputo stated that he supports City Staff and/or Council imposing standards until such
time as an ordinance is adopted.
Mayor Turville concurred with Council Member Caputo.
A motion was made by Council Member Caputo, seconded by Council Member Mullins,
and carried unanimously to adopt Resolution No. 1266, as amended.
Cit~ of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 9
Montrose Business Plaza - Variance Request #1
Planning Director Brown stated that the applicant had requested to be relieved from providing the 10 foot
buffer along the north property line, but recommended that Staff add the requirement to add as much
landscaping as possible, to be determined by the Site Review Committee.
City Manager Saunders stated that the language of the variance should read that they are relieved from
providing the 10 foot buffer along the parking spaces along the north property line, but will be required to
provide as much landscape buffer as possible along the remainder as determined by the Site Review
Committee.
~1 motion was made by Council Member Mullins, seconded b_¥ Council Member Caputo,
and carried unanimously to approve the variance request, as amended.
Montrose Business Plaza - Variance Request #2
A motion was made by Council Member Caputo, seconded b_¥ Council Member Dupee,
and carried unanimously to approve the variance request.
Montrose Business Plaza - Variance Request #3
Council Member Renick stated that the current City Code requirements regarding landscaping address
raw property and do not address revitalization properly.
Mayor Turville stated that issue is being addressed.
A motion was made b_¥ Council Member Caputo, seconded b_¥ Council Member Mullins,
and carried unanimoasl_¥ to approve the variance request.
Montrose Business Plaza - Variance Request 04
Council Member Mullins asked if the existing landscape island on the north side would be saved.
Mr. Crawford stated that making the variance in substantial accordance with the conceptual site plan
dated 7/31/02 as prepared by Design Services LBDCI, Inc. would ensure that landscaping would remain.
A motion was made by Council Member Mullins, seconded by Council Member Renick,
and carried unanimously to approve the variance request, as amended.
Montrose Business Plaza - Variance Request #5
A motion was made by Council Member Caputo, seconded by Council Member Dupee,
and carried unanimously to approve the variance request.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27, 2002
Page 10
VISITORS WITH BUSINESS
Variance Request - Richard and Michelle Formato
Planning Director Brown stated that this request was to allow a side yard setback of 20.46 feet rather than
the required 25 feet for property located at 414 Carroll Street in order to enlarge the home.
Mayor Turville opened the public hearing at this time. No one spoke.
A motion was made by Council Member Dupee, seconded by Council Member Mullins,
and carried unanimous!¥ to approve the variance request.
Resolution No. 1267 - Don M. Casto Organization
City Manager Saunders stated that the Planning & Zoning Commission had tabled this request to their
September 3 meeting and recommended that the City Council table this to their September 24, 2002
meeting.
Discussion followed regarding continued postponement and the status of this request.
A motion was made by Council Member Dupee, seconded by Council Member Renick,
and carried unanimously to table the variance request to the Council meeting of
September 24, 2002 (time certain).
Resolution No. 1268 - Paul Fallman
Mayor Turville read the resolution by title only.
Planning Director Brown stated the applicant is requesting a Conditional Use Permit to allow the
conversion of an existing residence and beauty salon to a professional office at 242 E. Highland Avenue.
He stated that Condition #1 of Section 2 should be revised to read that the property is appropriate for
professional office use only. He stated a sentence should be added stating that medical or dental offices
would require another Conditional Use Permit and a sentence should be added stating that the attached
building to the north of the main structure shall be used for storage only.
Planning Director Brown stated that the applicant is requesting two variances in conjunction with the
request regarding landscaping for the existing site:
1) To allow a 5 foot landscaping buffer along Highland Avenue instead of the required 15 feet,
and
2) To be relieved from providing the 10 foot buffer along the parking areas in the east and west
sides of the property as required.
Mayor Turville opened the public hearing at this time.
Deputy City Clerk Studdard swore in the following:
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 11
Paul Fallman, 11137 Versailles Boulevard, the applicant, stated that any professional use of the property
should be allowed.
Mayor Turville closed the public hearing at this time.
Council Member Renick asked if all existing trees and landscaping will remain.
Planning Director Brown stated it would.
Council Member Mullins discussed the purpose of the acquisition of the additional property with
Planning Director Brown.
Discussion followed regarding the rental property on the site.
Mayor Turville discussed the property lines in relation to an adjacent driveway with Planning Director
Brown.
City Attorney Guthrie stated that Condition g4 of Section 2 should reference a survey of the property to
be acquired to be made a part of the Conditional Use Permit or reference the legal description in the
condition itself.
Council Member Dupee spoke regarding parking requirements.
.d motion was made bY Council Member Caputo, seconded by Council Member Dupee,
and carried unanimously to adopt Resolution No. 1268, as amended.
Paul Fallman - Variance Request #1
~4 motion was made by Council Member Renick, seconded b_¥ Council Member Mullins,
and carried unanimously to approve the variance request.
Paul Fallman - Variance Request #2
~4 motion was made b_¥ Council Member Mullins, seconded b~¥ Council Member Dupee,
and carried unanimously to approve the variance request.
Resolution No. 1269 - NTR Development, Inc.
Mayor Turville read the resolution by title only.
Planning Director Brown stated the applicant is requesting a Conditional Use Permit to allow construction
of a shopping center with five commercial parcels at the northwest corner of S.R. 50 and Hancock Road.
Planning Director Brown stated the applicant is requesting three variances to City landscaping Code
associated with the request for Conditional Use Permit:
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 12
1) To allow a 10 foot wide landscape buffer along arterial and collector roadways rather than the
20 feet required by Code,
2) To allow for landscape buffers between properties to be 5 feet wide rather than the 10 feet per
Code, and
3) To allow a landscape buffer to be placed on a slope rather than level ground as required.
Planning Director Brown stated that the Planning & Zoning Commission had recommended denial of the
Conditional Use Permit at their August meeting and since that time the applicant has met with Staff and
made changes.
City Manager Saunders stated that the Conditional Use Permit should be revised to require the reverse
frontage road from Hancock Road to the first entrance to be constructed initially, with the remainder of
the road to be constructed at the time that impact fees would be available.
City Manager Saunders stated that the applicant did a good job of making many requested revisions and
recommended that the City Council allow the Planning & Zoning Commission to look at those revisions
and make a new recommendation on those changes at their September 3, 2002 meeting.
Planning Director Brown stated that many of the changes made were regarding some of the same
concerns the Planning & Zoning Commission had regarding the project.
City Attorney Guthrie stated that the City Council can send the request back to the Planning & Zoning
Commission for its recommendation if it chooses but that it is not mandatory.
City Manager Saunders stated that the applicant has not submitted the revised site plan and that the Site
Review Committee should look at that to ensure that all is in place.
Cecelia Bonifay, legal representative of the applicant, spoke regarding the request and stated that the City
Council should hear the request tonight and not table the request.
Discussion followed regarding the process of sending the request back to the Planning & Zoning
Commission for a new recommendation.
City Manager Saunders requested that the item be tabled to allow time for the site plan to be submitted if
it does not choose to send the request back to the Planning & Zoning Commission.
A motion was made by Council Member Caputo, seconded by Council Member Renick,
and carried unanimously to table Resolution No. 1269 to the meeting o£ September 10,
2002 to allow time for the Planning & Zoning Commission to look at the revisions to the
request at its September 3, 2002 meeting and make recommendations.
Variance Requests - NTR Development, Inc.
A motion was made bY Council Member Caputo, seconded bp Council Member Renick,
and carried unanimously to table the variance request to the meeting of September 10,
2002 to allow time for the Planning & Zoning Commission to look at the revisions to the
request at its September 3, 2002 meeting and make recommendations.
Request for Sewer Service
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 13
Planning Director Brown stated this is a request for sewer service to The Overlook at Lake Louisa, a
residential subdivision located to the west of the Legends subdivision.
He stated that if the City Council is interested in serving the project then Staff can draft a utility service
agreement to bring back to the City Council for final approval.
Jimmy Crawford, legal representative for the applicant, gave a presentation of the project and spoke
regarding the request and proposed agreement. He stated that this subdivision can be made contiguous to
the Legends subdivision.
Mr. Crawford spoke regarding the City's ability versus willingness to serve new projects. He requested
that the City Council authorize Staff to negotiate a utility/developer's agreement for service to the project.
Jim Purvis, 4206 Hammersmith Drive, spoke in favor of the project.
Council Member Renick spoke regarding the restrictive watering requirements being in place due to a
violation of the consent order. She requested the developer give additional consideration to the current
plan to share amenities with The Legends.
Discussion followed regarding the request.
City Manager Saunders stated that the prospect of making this subdivision a part of the Legends
subdivision changes the request and that Staff should meet with the applicant to go over the request.
Council Member Dupee asked if the proposed project will offer any on site recreation.
Mr. Crawford stated that the plan at this time is to share amenities with the Legends.
Council Member Dupee requested that the developer give additional consideration to this plan.
Mayor Turville stated that the direction given to Staff should include the number of 225 lots.
Gail Ash, 3912 Payton Court, spoke regarding the build out density of the Legends subdivision.
Duane Booth of Farner, Barley, engineer for the project, stated that there are 609 units planned for the
430 acres of the subdivision, with a build out density of 1.5 units per acre.
Discussion followed regarding the density of the proposed project.
City Manager Saunders asked if an amendment to the Planned Unit Development would cover the
necessary changes if this is going to be considered as a part of the Legends, with an interim agreement
making service to the new site contingent upon an amendment to the Planned Unit Development.
A motion was made by Council Member Mullins, seconded by Council Member Renick,
and carried unanimously to direct Staff to develop agreement to serve sewer to property,
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Page 14
including annexation_for up to 225 units as part o_f The £egends Planned Unit Development.
Councilfor final approval.
Grading Plan Approval - Maury L. Carter & Associates
Planning Director Brown stated that this is a request for approval of a revised grading plan for property at
the northeast comer of S.R. 50 and Citrus Tower Boulevard. Hc stated this is currently being reviewed as
a commercial subdivision known as the Citrus Tower Commercial Center.
Planning Director Brown stated that the City Council had approved a grading plan for this site at a
previous meeting and that subsequent to that approval Lake County requested additional right of way in
order to construct Citrus Tower Boulevard. He then described the right of way area as depicted on
overhead display. Mr. Brown stated that Mr. Carter is willing to dedicate the additional right of way and
is also requesting that the City Council add a sixth lot to the commercial subdivision plan and revise thc
grading plan accordingly. Planning Director Brown stated that Mr. Carter is also requesting an eastbound
left turn lane from S.R. 50 into the site.
Daryl Carter of Maury L. Carter & Associates, 908 S. Delaney Avenue, Orlando, the applicant, spoke
regarding the request and stated he and the engineer for the project would be available for any questions.
Discussion followed regarding the changes to the plan.
City Manager Saunders stated that the new plan moves everything over to align the road with the south
side. He stated that Mr. Carter is willing to comply but requests one additional lot on the plan.
Council Member Dupee asked if the widening of S.R. 50 has been taken into consideration on these
projects.
City Manager Saunders stated it had been.
Council Member Caputo stated that Lot 5 could be moved over with no need for Lot 6.
City Manager Saunders stated the applicant is requesting the addition of Lot 6 to the plan as a concession
for the requested dedication of right of way.
Council Member Reniek stated she was uncomfortable with the extreme grading changes of the plan and
could not support the request.
Scott Gentry, 1600 E. Robinson Street, Engineer for the project, explained the grading changes of the
plan.
Mr. Carter stated that Lake County has imposed this predicament on both himself and the City. He stated
he wants to be able to use the property he already owns and is asking the City to grant him some relief
regarding grading.
Jim Douglas, 2031 Crestridge Drive, spoke regarding the potential for traffic backup on Citrus Tower
Boulevard.
City of Clermont
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REGULAR COUNCIL MEETING
August 27, 2002
Page 15
`4 motion was made bY Council Member Dupee, seconded by Council Member Mullins,
and carried by a vote qf 4 to 1 to approve the revised grading plan, with Council Member
Caputo being the opposing vote.
NEW BUSINESS
Contract Approval - Auditing Services
Finance Director Van Zile stated that the City received qualifications from several area auditing firms and
had interviewed three. He recommended entering contract with McDirmit, Davis, Puckett & Company,
LLC for auditing services for 2002, 2003 & 2004. He spoke regarding their excellent references and
regarding the contract amount being under budget.
,4 motion was made b? Council Member Dupee, seconded by Council Member Renick,
and carried unanimously to approve the contract with McDirmit, Davis, Puckett &
CompanY, LLC for ,4uditing Services for 2002, 2003 & 2004.
Contract Approval - Police Union
City Manager Saunders stated that Finance Director Van Zile has acted as the City's chief negotiating
agent with the Union and that this contract has now been ratified by the Police Officers. He stated that this
is a three year contract retroactive to October 1,2001 and recommended approval.
Finance Director Van Zile recommended approval with the exception of a change to page 67 making
retirement provisions effective October 1, 2002 instead of 2001, which has been agreed to by both sides.
A motion was made bp Council Member Mullins, seconded by Council Member Renick,
and carried unanimously to approve the Police Union Collective Bargaining ,4greement,
as amended.
Mayor Turville asked if anyone wished to speak on any other issue.
There being no further business, the meeting adjourned at 11:50 p.m.
Attest:
~..-..---~- Hal Turville, Mayor-