06-10-2003 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 10, 2003
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, June 10, 2003, at Jenkins
Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members
present: Council Members Ash, Caputo, Mullins. Council Member Renick was absent. Other City officials
present were City Manager Saunders, City Attorney Robert Guthrie, Planning Director Brown and Deputy City
Clerk Warren.
INVOCATION
Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance by all
present.
MINUTES
.4 motion was made by Council Member ~4sh, seconded bp Council Member Caputo,
and carried unanimously to approve the minutes of the Regular Council Meeting hem
May 27, 2003.
REPORTS
City Manager Saunders - None
City Attomey Guthrie - None
Council Member Ash - None
Council Member Mullins - None
Council Member Caputo - None
Mayor Turville - None
Mayor Election Proclamation
Mayor Turville read the Election Proclamation in its entirety.
CONSENT AGENDA
Mayor Turville asked if anyone wished to pull any item of the Consent Agenda for discussion.
Item - 1 Final Plat Approval Beacon Ridge at Legends, Phase IV
Item - 2
Item - 3
South Lake Animal League, Inc.
Clermont Main Street Inc.
Use of Waterfront Park on Saturday, November 8,
2003 for the "Tails on the Trail Dog Walk".
Request to close Montrose Street between West
and 7~h Streets from 7 A.M.- 4:30 P.M. on the 2"d
Saturday of each month, June thru December to
host a monthly event entitled the "Montrose
Market"
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REGULAR COUNCIL MEETING
June 10, 2003
Page 2
Item - 4 American Eagle Fireworks Inc.
Request for an Open Air and Tent Permit for retail
sale of sparklers on the SE comer of Grand
Hwy & Hwy 50 from June 27 to July 6, 2003
Item - 5 East Water Reclamation Facility
Approval of lightning protection upgrade to
protect the treatment facility controls and
equipment.
Council Member Mullins asked that Item 2 be pulled for discussion.
~t motion was made by Council Member Caputo, seconded by Council Member.4sh,
and carried unanimously to approve Items 1,3, 4 and 5 of the Consent.4genda. .
Item - 2 South Lake Animal League, Inc.
Use of Waterfront Park on Saturday, November 8,
2003 for the "Tails on the Trail Dog Walk".
Council Member Mullins stated he is the President of the South Lake Animal League and therefore would
abstain from voting on this item. Council Member Mullins advised this would be the 2na annual event and
pointed out that last year's event was an extremely successful fundraiser for the Animal League.
,4 motion was made by Council Member Caputo, seconded by Council Member ~lsh and carried to
approve Item 2 of the Consent ~4genda, by a 3-0 vote, Council Member Mullins abstaining.
Ordinance No. 458-M
Introduction
Mayor Turville read the Ordinance by title only.
An ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant
to Section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of
Clermont, Florida, within the county-wide municipal service taxing unit for the provision of ambulance
and emergency medical services, as adopted by the board of county commissioners of Lake County,
Florida; providing for the city to be included within said m.s.t.u, for a specified term of years; providing
for severability, providing for an effective date and providing for publication.
Mayor Turville stated this is an ordinance that we have renewed on an annual basis for several years.
City Manager Saunders stated the reason for doing this renewal from year to year is because funding is
provided to the City for use of our EMS.
~4 motion was made by Council Member Mullins, seconded by Council Member Caputo,
and carried unanimously to approve the final reading of Ordinance 458- M.
Visitors with Business
National Training Center
Dr. Dot Richardson was present to request the City's assistance for a bid submittal for Clermont to be a host
City for trials for the 2004 Olympic Triathlon Event.
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REGULAR COUNCIL MEETING
June 10, 2003
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Dr. Dot Richardson spoke on behalf of the National Training Center and pointed out hosting the trials would
be a unique opportunity not only for the athletes but also the citizens and businesses of Clermont.
Dr. Richardson advised the County has committed. $30,000 to the bid in hopes of securing this event and she
requested that the City consider also committing $30,000 in a partnership to secure this event for the City of
Clermont.
Dr. Richardson stated she felt Clermont has an excellent opportunity to be chosen as the host City and will be
competing with Washington and Hawaii. Dr. Richardson pointed out that Clermont is considered very
appealing for this event because the hills and climate are similar to that of Athens, where the Olympics will be
held.
Mr. Fred Sommers, of Sommers Sports, was present and stated that Clermont has received worldwide attention
for the numerous triathlons that have been held here. Mr. Sommers pointed out that the number of triathlons
that have taken place in Clermont sends a positive message to the sport community that these events are
backed and welcomed by the residents of Clermont.
Mr. Sommers also pointed out two (2) members of the Olympic Team in 2000, got their start in Clermont.
City Manager Saunders stated he felt it would be a great opportunity for the City and the residents of Clermont
to host such an event.
Mr. Tod Whitlock expressed his support for the proposal but also encouraged the City to be mindful of the
need to be able to properly accommodate such an event. Mr. Whitlock pointed out housing (hotels) in the area
is very limited. Mr. Whitlock emphasized that the success of this event could easily determine the status
Clermont would have as a future contender for similar events.
Dr. Richardson' stated she is aware of the need for additional hotels in the area and pointed out that Mr.
Sommers is working to secure local accommodations as well as accommodations in the Hwy 192 area. - '
Mr. Sommers advised a requirement of the bid proposal is a commitment to provide housing for the athletes.
Mr. Sommers stated that the Lake County Tourism Bureau is very much aware of this requirement and they are
committed to providing premiere locations for an event of this standing.
Mr. Caputo, referring to housing, pointed out the Council should be reviewing a request for a hotel in June.
Mayor Turville pointed out the number of hotels available within 3040 minutes of Clermont is significant and
could easily accommodate the 90 athletes that will be attending this event.
Dr. Richardson pointed, out that the Olympic Trials are very spectator friendly and will provide an opportunity
for many citizens to actually witness the process.
Mr. Bill Banzhaf, owner 6fthe Old Bicycle Inn, spoke regarding the housing and advised, while his business is
small scale, his is very supportive of this event and looks forward to catering to the athletes.
Council Member Caputo pointed out what a great opportunity it was for the City to host the National Junior
College Athletic Association Softball Tournament and suggested hosting the Olympic Trials would be an even.
greater accomplishment for the City of Clermont.
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REGULAR COUNCIL MEETING
June 10, 2003
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.4 motion was made by Council Member Caputo for the Cit~ of Clermont to commit $30, 000 to the
Olympic Trials, if the Cit~ o£ Clermont is selected as the host Cit~; also the $30,000 commitment will
not be limited to cash, but will also include police and public service support of the event, seconded
by Council Member Mullins.
Discussion of the motion.
Council Member Mullins pointed out funds and services in support of the bid will only be allotted if the City
of Clermont is selected at the host City.
The motion was carried by a unanimous vote.
Glenn A. Winn
Variance Request
Planning Director Brown advised the applicant is Mr. Glenn A. Winn, the property is located on the NW
comer of US 27 and Brogden Drive.
The applicant is requesting two variances for lots 5 and 6 of Clermont Oaks Office Park. One variance
request is to locate a vehicular access point 22' from the N driveway and 46' from the S driveway rather than
the 50' required by code.
Planning Director Brown pointed out the reason the applicant is requesting the first variance is because there
are several oak trees on the site that they are attempting to save. If granted the variance, they would not lose
square footage on the site, nor would they lose any parking spaces and they would be able to save the oak
trees. Planning Director Brown pointed out City Code does consider saving trees as a basis for a variance.
Planning Director Brown pointed out that the applicant has measured the driveway from edge of driveway to
edge of driveway. Mr. Brown stated he has always measured from center of driveway to center of driveway.
Using the later method eliminates the need for a variance for the dumpster access.
Planning Director Brown suggested the second variance was not necessary.
Deputy Cit}) Clerk Warren swore in Mr. Rick McCoy and Mr. Gilbert Dury.
Mr. Rick McCoy, of McCoy Engineering, was present and representing the applicant.
Mr. Gilbert Dury, president of Lakeview Hills Homeowners Association, 2294 Lakeview Avenue was present
and stated the following concerns: 1) the slope of the road is dangerous; 2) the landscape berm which was
supposed to be a sound buffer, was never planted as previously instructed; and 3 ) homeowners were never
notified of this proposal.
Mayor Turville asked Mr. Dury if he had received a letter notifying him of this action.
Mr. Dury advised he had not and none of the property owners had been notified of the request.
Planning Director Brown provided a color map of the surrounding properties and advised that the property
owners of the highlight parcels were sent written notification and a sign was posted on the site.
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REGULAR COUNCIL MEETING
June 10, 2003
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Planning Director Brown, referring to Mr. Dury's concern regarding landscape pointed out that the
landscaping/berm requirement was originally required in the Developers Agreement previously approved by
the council, which required either a wall with landscaping or a berm.
City Manager Saunders stated that the Developers Agreement previously approved is still in place and is not in
anyway changed by this request.
City Manager Saunders advised that the only variance that the applicant is requesting is the location of a
landscape island to be 10' from where it should be located, in order to save the oak tree.
Mr. Duty asked Mr. McCoy where the dumpster location would be.
Mr. McCoy showed Mr. Dury on the site plan the exact location of the dumpster and advised that there will be
10' landscape buffer and a 6' masonry wall between the west property line and the Lake View Hills
Subdivision.
City Manager Saunders pointed out that the dumpster location is as far away from the residential properties as
possible according to the present plan.
Council Member Caputo stated he recalled that Mr. Thompson, the previous developer, was willing to provide
either a wall or a berm, and it was the wish of the residents to have a berm.
City Manager Saunders stated he thought the Developers Agreement provided for either a wall or landscape
berm.
Council Member Caputo requested that the Minutes from that meeting be reviewed regarding this issue.
Mayor Turville closed this portion of the public hearing.
~4 motion was made by Council Member Caputo, seconded by Council Member Mullins and carried
unanimously to approve the requested variance.
Kings Ridge Development/Irrigation Facilities
Mayor Turville requested that the discussion be continued from the where the workshop left off to consider
an amendment to the original Reuse and Irrigation Agreement adopted in 1995.
Council Member Caputo stated he felt progress could be made on the project but additional time and review of
the Agreement was needed.
Council Members Mullins asked the following questions regarding the future responsibility and liability of the
water system; 1) what options are available to the residents; 2) who will provide the water; 3) will the water be
retained in a pond and if so who will move the water to the residents; and 4) who will pay for the pump and/or
maintenance of the system.
City Manager Saunders stated it is very difficult to establish a rate for a new system because there is no
historical data. The best option is to estimate as closely as possible, operating cost, capital cost, and rate
charges of similar systems. This data will be used to determine our initial rate. After a year of operation it is
likely that the rate will be amended to reflect an appropriate change according to data accumulated.
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REGULAR COUNCIL MEETING
June 10, 2003
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The rate that is being charged to Kings Ridge residents is a rate that was established 8 years ago and has never
been adjusted. That rate will certainly change. One thing that is a great influence on current rates is how
valuable reuse water has become.
Council Member Mullins again expressed his concern regarding the unknown cost of the system and water.
Council Member Ash stated she was very concerned with the fact that Lennar was proposing to transfer
responsibility of the system without the residents having a say in any of the many viable issues.
Council Member Ash also expressed concern that the residents would have to assume responsibility for large
unforeseen costs that could possibly create a deficit in funding.
Mayor Turville pointed out it was the intention from the very beginning that Lennar would mm over the
responsibility of the water system to the Home Owner Association (HOA) and the residents would continue to
manage their own water system.
Mayor Turville stated that some of the concerns are not within the City's purview.
Council Member Mullins stated he understood that the City was going to put the water in the pond at a bulk
rate, but his concern is for the distribution from the pond to the homeowners.
Council Member Caputo expressed concern about the clause in Item 17, which permits Lennar to assign its
rights, obligation, and responsibilities without the consent of the City.
Council Member Caputo suggested if the system management was transferred to a non-viable company, the
residents would eventually being approaching the City for irrigation water.
Mayor Turville agreed with Council Member Caputo regarding the transfer issue without the consent of the
City.
City Attomey Guthrie suggested that the City limit their review to a solvent entity with the technical expertise
to manage such a system in addition to having the financial ability to carry out the obligations.
Council Member Caputo pointed out that the contract is with the City and Lennar and the City should have the
right to review the transfer and to ensure that the new management is technically and financially responsible.
Brace Lawson, of Leunar Homes, suggest that # 17 be changed to read that Lennar shall have the right to
assign its rights, obligations and responsibilities hereunder to a qualified affiliate or a qualified homeowners.
association or qualified third party purchaser.
Mr. Hal Kantor, attorney for Lennar, suggested that a license to take over operation be provided to the City or
HOA, in the event of failure to perform by a designated party.
Council Member Caputo questioned if Mr. Kantor was suggesting that the City or HOA would have a
temporary license to operate if the new owner should not be able to provide service.
Mr. Kantor confirmed.
Mayor Turville questioned if a license was granted for a third party to intercede in case of failure to provide
service, what would be the criteria for what constitutes failure and who would make that determination.
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REGULAR COUNCIL MEETING
June 10, 2003
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Attorney Guthrie advised the criteria would have to be specifically defined in the Agreement.
Mayor Turville asked if the Master Homeowners Association would be responsible for making that
determination.
Attomey Guthrie suggested that the Master Homeowners Association would be best suited to deal with that
responsibility.
Mr. Sy Holzman suggested a better solution would be to put the wells and ponds with the Master Association
and let the residents deal with the issue of providing water to the golf course.
Mr. Sy Holzman referred to Item 5, page 3 of the proposed agreement and stated his interpretation was that the
residents will never own the wells and ponds and in his opinion, this defeats the whole purpose of the transfer.
Mr. Holzman also stated that the negotiations on this issue should be between Lennar and the residents not
Lennar and the City. The City should not be involved.
Mr. Holzman suggested, if Lennar agrees to the transfer of ownership at no cost to the association for the entire
system, he would have no problem with that arrangement. :
Council Member Ash suggested, in light of the numerous uncertainties, leave Lennar still in control, develop a
contract with Lennar in which there would be no transfer of any pumps, pipes or anything. The system would
stay in control of Lennar until mm over of the Master Association to the residents. If at that time, there were
any issues, they would be dealt by the residents.
Council Member Caputo suggested that Lennar was still going to be in the water business, because they will
have to supply supplementary water to the pond.
Mr. Lawson stated that Lennar did not have a problem with transferring control of the system over at the same
time control is turned over to the Master Association.
Council Member Ash stated she felt the issue of major contention is turning the system over to the Master
Association and problems associated with the system, being passed on to the residents. Council Member Ash
referred to Section 5, page 3 and suggested it be eliminated or re-written in order to clear up much of the
· controversy.'
Mr. Kantor stated the system and all of the common areas are being taken care of by the Master Association.
The only thing different is the addition of the pump and the line to the common area system.
-- City Manager Saunders advised that item 5 was placed in the Agreement because that was the main concern of
the President's Council in order to guarantee future control.
City Manager Saunders stated it was his understanding that item 5 could be amended as outlined by Ms. Ash.
Mr. Lawson stated he did not have a problem with amendment.
,,1 motion was made by Council Member Ash to reschedule consideration of this Agreement, until
such time as ite~ns o£concern have been reviewed and dealt with. Motion was seconded by Council
Member Caputo.
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REGULAR COUNCIL MEETING
June 10, 2003
Page 8
Discussion of the Motion.
City Manager Saunders stated he felt it would be' in the best interest of all parties to table these items in order
to "clean up" the Agreement. Mr. Saunders stated he felt the issues raised this evening could easily be
addressed and resolved given the opportunity for further review.
City Manager suggested tabling this item until the first meeting in July.
Mr. Saunders also advised the rate schedule will be available at that meeting.
Council Member Mullins asked if the Somerset Agreement would also be tabled.
City Manager Saunders suggested tabling both of the items at this time.
Mr. Kantor stated he would like to have some discussion on the Somerset Agreement.
Mayor Turville suggested it would be appropriate to have a separate motion on Somerset, in case there was
anyone in the audience wishing to address the agreement.
Mr. Kantor asked if it was the wish of Council to remove paragraph 5 from the agreement.
Council Member Ash, suggested removal of paragraph 5 would eliminate much of the controversy within the
Agreement.
Council Member Ash suggested the paragraph be m-written in order to lmve transfer of the system take place
at the time of turn over to the Master Association.
Motion was carried unanimously to table Kings Ridge Development/Irrigation Facilities Agreement
until July 8, 2003
Somerset Agreement
Irrigation Agreement
City Manag6rs Saunders pointed out Somerset iR a separate agreement from the Kings Ridge Agreement. This
· agreement is a request from Lennar for the City to treat Somerset in the same manner as other subdivisions
within the City as far as irrigation is concerned, thus requiring separate meters for irrigation. The City would
supply potable water and those residents would be charged the appropriate rate.
City Manager Saunders stated it is his understanding that Kings Ridge has had some problems providing the
water to Somerset and this would eliminate that.problem and would require Lennar to make the necessary
changes in the system according to City guidelines.
City Manager Saunders stated he felt it was important that this Agreement be considered and approved at the
same time as the Lennar Agreement. It is important for changes in the Lennar Agreement to take place.
Mayor Turville asked if the residents in Somerset are being charged a potable rate at this time.
Mr. Lawson advised Somerset residents are being provided irrigation water in the same manner as Kings
Ridge residents and are not charged an irrigation rate at this time. Mr. Lawson advised the residents are aware
City of Clermont
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REGULAR COUNCIL MEETING
June 10, 2003
Page 9
that they will in the future be charged an irrigation fee and were given the option of going with Acme Water or
the City of Clermont and it was decided by the residents to go with the City.
Mr. Lawson stated that he felt the Somerset Agreement is entirely independent from the Kings Ridge
Agreement.
Mr. Sy Holzman stated he agreed with Mr. Saunders that both the Kings Ridge and Somerset Agreements
should be heard at the time.
Mr. Frank Dolan, of Lennar, stated that in a couple of weeks Somerset will be starting a new phase and he
was hoping a decision tonight could be provided to future buyers, interested in the issue.
Mayor Turville stated he felt staff's concern to consider both of these items together was a fair one and
suggested that some unforeseen complication with the Lennar agreement could complicate issues with the
Somerset Agreement.
Mr. Bing Hacker, Lennar Division President, also stated that he felt that the Somerset Agreement should be
heard alone
Council Member Caputo stated if the Council would go ahead and act on the Somerset Agreement it would
separate the two issues and thus uncomplicated the Kings Ridge issues.
Council Member Mullins stated he agreed with Council Member Caputo, that the Kings Ridge Agreement is a
separate issue from Somerset. Council Member Mullins further suggested that Somerset should be considered
first.
City Manager Saunders stated he did not disagree and recognized that both the Agreements are separate issues,
but stated his concern that this will be a major impact on our water supply. Mr. Saunders stated in order for
the staffto comfortably recommend that the City adopt this agreement and start providing water to Somerset,
he wants to make sure that we have come to some agreement regarding the Lennar Agreement before
committing to Somerset.
A motion was made by Council Member Caputo, seconded by Council Member Ash to table this item
to the July 8th meeting, and carried unanimously for approval.
There being no further business, the meeting adjourned at 8:45 P.M..
Attest:
"-~ah E. Van ~y Clerk .