11-24-1992 Regular Meeting® •
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 1992
A Regular Meeting of the City Council of the City of Clermont was held Tuesday,
November 24, 1992 in the Council Chambers. The meeting was called to order at
7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro
Tem Turville, Council Member Ivey, and Council Member Norquist. Other City
Officials present were City Manager Saunders, City Attorney Baird, Finance Director
Van Zile, and Deputy City Clerk Whitlock.
INVOCATION
The Invocation was offered by Council Member Ivey followed by the repeating of The
Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Regular Meeting held November 10, 1992 and the Workshop
Meeting held November 5, 1992 were approved as presented.
CITY MANAGER SAUNDERS' REPORT
Lake County Affordable housing Subcommittee
Lake County has established an affordable housing subcommittee for eligible county
funds in housing. They are requesting a representative be appointed to represent
Clermont. Only $250,000 will be available during the first year, however, the amount
should increase rapidly in the next few years.
92-193 After discussion, a motion was made by Council Member Turville
seconded by Council Member Nor~uist and carried unanimously to
appoint Council Member Ivey as representative to the Lake CountX
Affordable Housing Subcommittee. to be accompanied by Planning
Director Harker when possible.
Beautification Committee
City Manager Saunders stated that Clermont Beautification Committee Chairman
Karen Turville has asked that the following people be reappointed to the Clermont
Beautification Committee:
Bruce Brown
Cathy Brown
Alfred Cheesborough
Mary Coleman
Percy Coleman
Nancy Davis
Joe Janusiak
Ross McCardell
Lisa Pool
Oakley Seaver
Karen Turville
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Ads will be placed in the local newspapers in December inviting interested citizens to
serve on this committee and others, and more appointments may be made in January.
Mayor Pool re-appointed the above-named people to the Clermont Beautification
Committee and invited anyone interested in the beautification of Clermont to let Mrs.
Turville know of their interest. The second planting of the DOT Beautification Grant
for the Highway 27/50 intersection will be December 12 and everyone is invited to
help.
YMCA Use of the Highlander Hut during Christmas Vacation
City Manager Saunders stated the YMCA has requested the use of the Highlander Hut
for a reduced fee of $10 per day during the Christmas holiday, December 21-24,
December 28-31, and Monday, January 4 to hold a children's Christmas camp.
9 2-194 A motion was made by Council Member Norquist seconded by Council
Member Turville. and carried unanimously to approve the rental of the
Highlander Hut at a reduced cost of $10 per day to the YMCA , or a
children's Christmas camp during December 21-24 December 28-31
and Monday, January 4.
1992 National Small Business Tree Planting Program Grant (SBA Grant)
City Manager Saunders stated the City has received notification of award of the SBA
Beautification Grant in the amount of $2,244 for landscaping on 8th Street and around
Center Lake.
92-195 A motion was made by Council Member Ivey seconded by Council
Member Norauist. and carried unanimously to accept the 1992 National
Small Business Tree Planting Program Grant, or $2 244.
America the Beautiful Grant
City Manager Saunders stated the City has received notification of award of an
America the Beautiful Grant in the amount of $6,100 which will enable the City to
perform a street tree inventory. This will enable us to identify areas where new trees
are needed as well as classify existing trees.
92-196 A motion was made by Council Member Norquist seconded by Council
Member Ivey. and carried unanimously to accept the America the
Beaut~l Grant for $6100.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 24, 1992
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Police Department Interior Color Selection
City Manager Saunders presented a composite of tile, formica, carpet, and wall paint
selections for the new police department recommended by Strollo Architects. Chief
Tyndal and his staff are happy with the recommendations.
92-197 A motion was made by Council Member Norquist seconded by Council
Member Turville. and carried unanimously to accept the interior color
recommendations from Strollo Architects for the new police department.
Council Workshop
Council agreed to hold a Workshop on December 3 at 7:00 p.m. at City Hall to
discuss various items.
COUNCIL MEMBER NORQUIST'S REPORT
Council Member Norquist reported that the DOT Highway Beautification Grant tree
planting went well on Saturday, November 21 at the Highway 50/27 intersection with
approximately 20 volunteers. He especially thanked Clermont Hardware for donating
the use of an auger for drilling the hard soil.
MAYOR POOL'S REPORT
Mayor Pool thanked the South Lake Council for the Arts and Gail Yemmington for
the production held November 22 called What is this Thing Called Love.
VISITORS WITH BUSINESS
Nicholas & Vivian Waltbillig, Variance Request
Mayor Pool explained that the variance request concerns the required 25' setback from
the rear property line. The Waltbilligs want to construct a 2-car garage 7'/z' from the
rear property line at 1123 Hampton Street. Mayor Pool stressed that Quasi-Judicial
Hearing rules issued by the Fifth Judicial Court must be followed wherein all those
people wishing to speak must be sworn in first. Mr. Nicholas Waltbillig, 1123
Hampton Street was sworn in by City Clerk Van Zile.
City Manager Saunders stated that in order for a variance request to be granted,
hardship must be demonstrated. The City Code does not allow for exceptions. Staff
does not see a hardship since the garage can be constructed within the standard
setback requirement of 25'. Therefore, staff recommends denial of the request.
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Mr. Nicholas Waltbillig submitted photographs of 1123 Hampton and pointed out that
a Florida Power substation borders the rear property line. He submitted letters of
approval from his neighbors on either side (Mr. Wally Herda, 1109 Hampton Street
and Ms. Anita Skinner, 1135 Hampton Street). City Manager Saunders stated he had
received a letter from Mr. John Boyett, Sr., 1211 Bloxam Avenue (within a block
from 1123 Hampton) who approves of the variance being granted only if his property
receives the same variance.
92-198 After discussion, a motion was made by Council Member Ivey seconded
by Council Member Nor~uist. and carried unanimously by roll call vote
to deny the variance request for minimum setback requirement.
Clermont Pelican Oil Co., Resolution #774
No representative from Clermont Pelican Oil Co. was in attendance.
92-199 A motion was made by Council Member Turville seconded by Council
Member Norquise. and carried unanimously to table this item until the
next regularly scheduled Council meeti~.
Robert Thompson, Greg Homan, Resolution #775
Mayor Pool read Resolution #775 by title only and stated that the request was for a
Conditional Use Permit to allow the construction of 14 townhome units in R-3 district,
Tract 3, Oakhurst Subdivision, on the northwest corner of Highland and Disston.
Mayor Pool stated that Quasi-Judicial Hearing rules issued by the Fifth Judicial Court
must be followed wherein all those people wishing to speak must be sworn in first.
The following people were sworn in by City Clerk Van Zile:
Bob Thompson 1927 Brantley Circle
Greg Homan 20570 Sugar Loaf Mountain Road
Rick McCoy 10670 Lake Hill Drive
John Rausch 8710 Village Green
City Manager Saunders stated the property is zoned R-3 and the request is consistent
with the Comprehensive Plan and Future Land Use Map. Existing multi-family
developments border the property on the north and the west. Staff recommends
approval with the conditions stated in the Conditional Use Permit.
Mr. Greg Homan stated that #7 of the Conditional Use Permit needed clarification.
The hedge should be planted at the same time as the duplexes are built so the
irrigation system and water are in place.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
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92-200 A motion was made by Council Member Turville seconded by Council
Member Norquist. and carried unanimously by roll call vote to adopt
Resolution #775 with condition #7 amended to allow the hed eg to be
planted as construction is accomplished on the individual units except
that the water retention area should be planted initiallx.
Robert Thompson, Greg Homan, Edgewood Lake PUD
Mayor Pool read Resolution #776 by title only. City Manager Saunders stated that the
applicants have made substantial changes from their original application. Only single
family homes are planned west of the proposed Bloxam Avenue. 8 triplexes will be
located on the east side of proposed Bloxam Avenue adjacent to 9 commercial lots. A
total of 32 single family homes are planned. Mayor Pool explained that Quasi-Judicial
Hearing rules must be followed wherein all those people wishing to speak must be
sworn in first. The following people were sworn in by City Clerk Van Zile:
Bob Thompson 1927 Brantley Circle
Greg Homan 20570 Sugar Loaf Mountain Road
Rick McCoy 10670 Lake Hill Drive
Herb Smith 11949 Elbert Street
Lucy Lampert 261 Edgewood
Patty Sheppard 251 Hillside Dr.
James Baker 250 Overlook Drive
Janet Baker 250 Overlook Drive
Wanda Cox 310 Crestview Dr.
Carolyn Darling 691 Grand Highway
Edward Goeckel 200 Hillside Dr.
Flo Dowhower 230 Disston Avenue
Rita Larson 220 Disston Avenue
Lawrence Larson 220 Disston Avenue
Bill Darling 691 Grand Highway
Steve Moss 201 Hillside
Garrett Paquette 611 Grand Highway
Pam Hamilton 631 Grand Highway
John Rausch 8710 Village Green
Paul Palmer 290 Edgewood
Carol McCarthy 200 Overlook Dr.
Jane Thomas 661 Grand Dr.
Warren Thomas 661 Grand Dr.
Marsha Peaslee 221 Hillside
Jane Boyack 203 Overlook
William McCroskey 631 Grand Dr.
Marion Edwards 240 Overlook
Mark Edwards 240 Overlook
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Greg Homan, co-developer, stated the development includes 30 acres with 25 acres in
Clermont and 5 in Minneola. They plan 32 single family units with 22 in Clermont
and 10 in Minneola. 10 commercial lots aze planned with 9 in Clermont and 1 in
Minneola, together with 8 triplexes.
Mr. Homan questioned Conditional Use Permit General Condition #8 C wherein a 5'
landscape buffer is required along Grand Highway and Highway 27 with 20 trees per
acre. He suggested it be changed to require seed and mulch or sod to all disturbed
azeas, and return the site to existing conditions.
In regazd to General Condition #10, Mr. Homan requested recognition of naturally
occurring 11 to 12 % grades and the necessity of road slopes in excess of the 8
allowable by City Code.
For General Condition #13 Mr. Homan requested limited ingress from Grand
Highway for Lots 41 through 44, with all egress from the lots to be by the reverse
frontage road.
Regazding Operation Plans #7 and 8 concerning the grassing of commercial lots, Mr.
Homan requested that the required seed and mulch pertain to only disturbed azeas, and
that all lot improvements, including buffers and imgation, be provided by the future
lot owner.
In regazd to General Improvements #1, he requested confirmation that sidewalks aze to
be installed at the time of lot development prior to issuance of Certificates of
Occupancy so that construction equipment used in lot development will not be running
over them.
General Improvement #5 requiring the developer to pay for the cost of signalization if
required by the DOT was questioned because Mr. Homan believed opening Bloxam
Avenue will greatly increase the traffic.
Mr. William McKrosky stated he had heazd about possible changes made to the
proposed development, but he had never heazd of rezoning to R-1. He stated he was
opposed to the Edgewood Lake PUD because it is impractical and improper to the
land especially with water run off problems. He stated that the degree of slope of the
streets would be approximately 12 % which is in excess of the 8 % allowed by City
Code, and no exceptions should be made. He also wanted the City to require the
developers to guazantee the project with a considerable amount of money. He wanted
a proper kind of growth and felt the development was unsuitable for the azea. He
believed the developers could come back and request amulti-family development and
that the City should deny the PUD.
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Mr. Bill Darling stated he has been in the neighborhood since 1970 and he would like
to see something pleasing for the area. He stated he works for the DER and he knows
they will not issue the required permits for the area if the plan won't work.
Mr. Steve Moss stated he is a supervisor for the Lake County Sheriff's Office and he
knows that rental units customarily bring supervision problems. Single family owned
neighborhoods generally have low crime. He was against approving the PUD because
of the multi-family housing.
Mr. Paul Palmer questioned the planned retention pond being able to handle the run
off. He stated he lived in Orange Hill and he preferred single family units in the
area. He stated that Council should pay attention to those who live there and wanted
the rest of the planned multi-family units replaced with single family units.
Pam Hamilton was concerned for the children in Clermont and stated that high
density, multi-family units do not contribute to good neighborhoods.
Herb Smith stated he was a contractor in Clermont who owns four lots and he planned
to develop them with duplexes. The developers approached him because of the
objections of the neighborhood and asked him to put in single family units.
Warren Thomas stated that the steep grade should not be permitted because the water
run off will be a big problem and he didn't think the developers have a solution. He
thought people will avoid the downtown traffic lights and travel Bloxam Avenue from
Highway 50 to Grand Highway when it is constructed and there are 8 driveways to
Grand Highway. The driveways should connect with Bloxam, not Grand Highway.
John Rausich stated he was affiliated with the developer and he thinks the traffic will
go to Division Street to get out of the area.. He also thinks the developers have a
design that will keep the water on the property.
Mark Edwards submitted copies of Clermont's Comprehensive Plan and stated that the
plan reports that water run off is a prime concern. It reports that 41.2 % of the land is
developed, and the majority is single family, which is the way he thinks it should
remain. The slope of the land should limit the development. Areas noted to be in
excess of 8 % slope include the Edgewood Lake area and the plan reports that water
run off adversely affects lake quality. He reported that the residents of Orange Hill
wish to have single family units and that this PUD will adversely affect Orange Hill.
Rita Larson stated she was did not object to minorities, she only objects to triplexes or
duplexes in the area.
Lawrence Larson stated he preferred single family homes to be constructed in the
area.
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Carol McCarthy would like single family homes, not triplexes or duplexes. She does
not want transients in the neighborhood.
Marion Edwards asked that the City follow the Comprehensive Plan and keep
Clermont beautiful and protect it. She was concerned for the park at the end of the
development and did not want to see alterations to the park because of the new
development.
Greg Homan stated they were not asking for a higher density than was allowed in the
present R-3 zoning, but lower. He stated that the developers were long-time Clermont
residents and they would be required to furnish two bonds, one for reclamation and
the other for infrastructure. He explained that the retention pond will catch water
from not only the development, but from the DOT Highway 27 and part of the
Hillside Drive runoff. He stated that part of the existing sewer system is in the 100
year flood plain and to connect to serve all the housing would require connecting at a
point that is 13' lower than the flood plain.
Council Member Ivey was concerned that the residents in the audience did not have
copies of the conditions listed in the proposed Conditional Use Permit. Council
Member Turville explained that the developers could develop the property at 8 units
per acre instead of the proposed 3.73 units per acre by building one duplex after
another and never being required to get Council approval. Instead, the developers
chose to develop the property as a Planned Unit Development and get approval the
whole parcel. The conditions in the Conditional Use Permit were developed by staff
and members of the Planning and Zoning Commission. Council Member Ivey read
the conditions in the Conditional Use Permit to the audience.
City Manager Saunders stated that in regard to Conditional Use Permit General
Condition #8, the City concurs with Mr. Homan to plant only the disturbed areas and
not require a landscape buffer for the single family homes. In regard to General
Condition #10 exceeding 8 % slope, the subdivision code states 8 % is maximum, but
many streets exceed 8 % including streets in Orange Hill. Exceeding the 8
maximum slope should be allowed because of existing topography.
In regard to General Condition #13, City Manager Saunders stated that the Planning &
Zoning Commission and staff recommend no curb cuts on Grand Highway for
commercial lots, instead, they should access the frontage road.
City Manager Saunders stated that staff concurs with the requested changes to
Operation Plans #7 and #8 requiring grassing of commercial lots wherein only
disturbed areas will be treated. General Improvements #1 should require sidewalks to
be installed at the time of lot development. General Improvements #5 requiring the
developer to pay the cost of signalization should DOT require it was discussed. City
Manager Saunders stated that DOT will base the signalization requirement on the
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 24, 1992
PAGE 9
increased traffic from the proposed PUD only, not for any future development, or the
increased traffic Bloxam Avenue may bring from other areas, and Mr. Homan felt this
was acceptable.
City Manager Saunders stated that additional condition #1 is in regard to retention
areas, and the developer is planning two water retention areas. The first one is
designed to handle all of the storm water on the development. A condition should be
added that if DOT will cooperate, the storm water from Highway 27 should be
diverted into the retention pond. He also recommended that a small catch basin
seizing water run off from Hillside Dr. , etc. be diverted to the retention area.
City Manager Saunders stated that additional condition #2 regarding the connection of
the gravity sewer system to existing Edgewood Place sewer system below the 100 year
Flood Plain Elevation is in violation of the Comprehensive Plan and the first two or
three lots cannot be hooked in to the sewer system.
Regarding additional condition #3 for Clermont sewer facilities to be made available
to the lots located in Minneola if Minneola agrees, City Manager Saunders stated that
this provision should be added.
The request to allow 25 % building coverage of commercial lots instead of the 18
allowed by the Comprehensive Plan cannot be allowed unless the Comprehensive
Code is amended.
City Manager Saunders stated that because of the concerns for driveways on lots 1-8
on Grand Highway, he recommended the driveways be required to have aturn-around
or be circular to restrict residents from backing out into Grand Highway.
City Manager Saunders stated that because a portion of the water retention area is
proposed within the 100 year flood plain, an opinion from the Department of
Community Affairs regarding the use of flood plain for storm water has been
requested, but no response has been received. They will probably respond that this is
a local issue, which will allow the Council to permit this location.
92-201 A motion was made by Council Member Norquist seconded by Council
Member Ivev, and carried unanimously by roll call vote to adopt
Resolution #776 with sta~`'recommendations as discussed.
City Manager Saunders reviewed all the amendments prior to the vote.
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CITYOF CLERMONT
MINYJTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 1992
PAGE 10
NEW BUSINESS
ICMA Retirement Corporation
City Manager Saunders stated that an updated administrative services agreement does
not include any changes from the old agreement. The ICMA Retirement Corporation
is used for the City Managers Retirement fund and any other employees may
contribute to individual retirement accounts voluntarily.
92-202 A motion was made by Council Member Norquist seconded by Council
Member Ivey, and carried unanimously to approve the new ICMA
Retirement Corporation agreement.
Americans with Disabilities Act
City Manager Saunders explained that the Americans with Disabilities Act requires the
designation of an ADA coordinator whose duties are to coordinate compliance with
ADA.
92-203 A motion was made by Council Member Norquist seconded by Council
Member Ivey and carried unanimously to appoint City Manager Saunders
as the ADA Coordinator.
City Manager Saunders stated that a grievance procedure also needs to be adopted in
regard to the Americans with Disabilities Act which should be tabled until the Council
reviews it at a Workshop.
92-204 A motion was made by Council Member Norquist seconded by Council
Member Ivey and carried unanimously to table adopting the grievance
procedures for the Americans with Disabilities Act.
Reclaimite Project
City Manager Saunders stated that $35,000 has been budgeted for the annual
reclaimite project. One-fifth of Clermont's streets are reclaimited annually and we
can take advantage of the Seminole County bid which will total $28,299.
9 2- 20 5 After discussion, a motion was made by Council Member Norquist
seconded by Council Member Ivey and carried unanimously to approve
the Seminole County reclaimite bid.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 24, 1992
PAGE 11
UNFIl~TISHED BUSINESS
Downtown Development Committee, Proposal of Two Entrance Signs
Sue Krotky, representing the Clermont Downtown Development Committee reported
that the committee met the night before and approved the proposed sign design for two
4' x 8' entrance signs at Eighth and Highway 50 to be made of routed wood. They
requested the City to furnish up to $100 in landscaping materials and maintenance
around the signs together with approval of the signs.
92-206 After discussion, a motion was made by Council Member Turville
seconded by Council Member Norguest and carried unanimously to
annrove the proposed sign (with the point removed) landscaping up to
100. and maintenance of the landscaping to be placed in two locations
a~nroved by City sta~`'at the intersection of Eighth Street and Highway
S0.
Interlocal Agreement, Clermont/Minneola/Oaks
City Manager Saunders stated that the City of Minneola has requested one additional
requirement to be added to the Oaks requirements in the proposed agreement (#6. e)
which would require the Oaks to connect to the Minneola sewer system when it
becomes available.
92-207 A motion was made by Council Member Norquist seconded by Council
Member Ivey. and carried unanimously to approve the proposed
Interlocal Agreement with the addition of #6 e.
Agreement, Clermont/Oaks Homeowners Association
City Manager Saunders stated that the Council had previously approved afive-year
payout for the impact fee for the Oaks Homeowners Association with an undetermined
interest rate. He recommended the interest rate charged to the Oaks be tied to the
average rate that the State Board of Administration pays as interest, paid in five equal
annual assessments.
92-208 A motion was made by Council Member Ivey seconded by Council
Member Turville. and carried unanimously to approve afive ~year
assessment or the Oaks Home Owners Association impact fee at an
interest rate 200 basis points above the average rate that the State Board
of Administration pays. '
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CITYOF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 24, 1992
PAGE 12
There being no further business or discussion, the meeting adjourned at 11:22 p.m.
i~
Robert A. Pool, Mayor
Attest:
os an Zil , ity Jerk