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11-28-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 28, 2000 at Jenkins Auditorium. Mayor Turville with the following Council Members present called the meeting to order at 7:30 p.m.. Council Member Biddle, Council Member Mullins, Council Member MacLauchlin and Council Member Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Mullins £ollowed by the repeating of thc Pledge o£ Allegiance to the Flag by all present. MINUTES A motion was made bp Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to approve the minutes of the Council Meeting held November 14, 2000, as amended to include the presence o_f Finance Director I/an Zile. CITY MANAGER SAUNDERS' REPORT Workshops City Manager Saunders reminded the Council of the Special Meeting of the City Council scheduled for 6:00 p.m. on November 30, 2000 at the Police Department Community Room. Mr. Saunders then reminded the Council Members of the workshop scheduled for 6:00 p.m. on December 7, 2000 at the Police Department. City Manager Saunders stated that as required under the guidelines, there will be an advertisement placed for an Administrator for the CDBG grant. Mr. Saunders requested that the Council appoint a committee to review the submittals and bring back their recommendation to the Council for approval. A motion was made bp Council Member MacLauchlin, seconded bp CouncilMember Mullins, and carried unanimously to appoint City Manager Saunders, Finance Director Van Zile and Mayor Turville to serve as the committee to review applications_for an Administrator_for the CDBG grant. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 2 CITY ATTORNEY GUTHRIE No report. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER MACLAUCHLIN No report. COUNCIL MEMBER BIDDLE Council Member Biddle reminded the Council and citizens to attend the Light Up Clermont activities. Mr. Biddle stated that the downtown shops will be open Friday evening and there will be the traditional caroling around Center Lake when the tree is lit. Mr. Biddle also reminded everyone that the craft show and Christmas parade would be held Saturday. Council Member Biddle asked the status of the anti-nudity ordinance and City Attorney Guthrie stated he would be getting together with Planning Director Brown to identify land use categories in order to have an ordinance that is unique to the City of Clermont and it should be presented to Council at the January 23, 2001~meeting. COUNCIL MEMBER RENICK No report. MAYOR TURVILLE'S REPORT Mayor Turville stated that as the Council's representative on the Lake Community Action Agency, he wanted to re-appoint Lester Cole to serve on his behalf. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 3 A motion was made bY Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to appoint Lester Cole to serve on the board oft, he Lake County Communi~_ Action Agency on behalf of the Mayor of Clermont, subject to Mr. Cole's approval. CONSENT AGENDA Mayor Turville read the items listed on the Consent Agenda and asked that if anyone wished any item to be pulled for discussion. Item No. Item No. Item No. Item No. Item No. Item No. Item No. 1-South Lake Chamber of Commerce 2-Hancock Recreation Park Change Order 2 3-Bid Award-Hancock Recreation Park Field Lighting 4-Bid Award-Hancock Recreation Park Field Fencing 5-Boyle Engineering-Additional Consulting Fees 6-Starmer Ranaldi-Emergency Signal Improvements-Fire Station 7-CDBG Award Agreement A motion was made by Council Member Mullins, seconded by C~uncil Member MacLauchlin, and carried unanimously to approve Items one through seven on the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 406-M-Final Reading Mayor Turville read Ordinance No. 406-M by title only. Planning Director Brown stated that this ordinance is a Small Scale Comprehensive Plan Amendment for a 1 O-acre parcel located at the northeast comer of State Road 50 and Citrus Tower Boulevard. Mr. Brown stated that the applicant is proposing to develop the subject property in commercial uses and that the current land use district (UD-5), land use classification (residential/professional) and zoning (RR) do not allow for commercial uses. Mr. Brown stated that this was brought before the Council at a workshop in October and at that time there was consensus of the Council that the requested change was appropriate at this location and staff also supports this change. Planning Director Brown stated that the property is located at a future signaled intersection of a major arterial (SR.50) and a collector CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 4 (Citrus Tower Boulevard) and this area functions as a commercial node. Mr. Brown reviewed some of the conditions that will be required of the applicant if the request is granted including a re-plat of the property and stated that the property will need to be rezoned and a Developers Agreement entered into. Scott Gentry, representing the applicants stated he was available to answer any questions. Council Member Mullins, referring to the drawing presented, asked if there was a cut on Highway 50 and Mr. Gentry stated that the cut was in front of Seidel Chevrolet and he did not know whether DOT was leaving that cut or not. Council Member Biddle inquired about the adjacent 5 acres and Planning Director Brown confirmed that 5 acres was a retention area. A motion was made by Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to adopt Ordinance No. 406-M. Introduction of Ordinance No. 407-M Mayor Turvill'e read Ordinance No. 407-M by title only. Planning Director Brown stated that this ordinance relates to the parcel located at the southwest comer of U.S. 27 and Hartwood Marsh Road and is the site of a proposed Walgreens. Mr. Brown stated the ordinance is for annexation of the property and rezoning of the property. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin and carried unanimously to introduce Ordinance No. 407-M. c5)0 - / Introduction of Ordinance No. 408-M Mayor Turville read Ordinance No. 408-M by title only. Mayor Turville stated that this ordinance will rezone the property described in Ordinance 407-M. A motion was made bY Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 408-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 5 Council Member Renick stated it was her understanding that there was a Homeowners' Agreement regarding this property and Planning Director Brown stated the Agreement would be included in the next Council packet. Ordinance No. 409-M-Final Reading Mr. Brown stated that both the staff and applicant are requesting this Ordinance and Resolution No. 1169 be postponed until the next Council Meeting in order to complete a Developers Agreement. Mayor Turville read Ordinance No. 409-M by title only. Planning Director Brown stated that this ordinance will rezone approximately 5.9 acres located on the north side of State Road 50 between Citrus Tower Boulevard and Hancock Road, adjacent to and directly east of the Florida Power substation, fi.om R-R Rural Residential to C-2 General Commercial which is consistent with our land use in that area. Mr. Brown stated that the project is a proposed hotel. Mr. Brown stated that in addition to the hotel project there is a Conditional Use Permit which is Resolution No. 1169, as all hotels are required to go through the conditional use permit process. Council Member Renick stated that she had some issues she wished to discuss and Mayor Turville explained that the applicant was not present and the matter was being postponed, therefore there would be no public hearing at this time. A motion was made bp Council Member Biddle, seconded bp Council Member Renick, and carried unanimously to table Ordinance No. 409-M until the December 12, 2000 Council Meeting. Ordinance No. 410-M-Final Reading Mayor Turville read Ordinance No. 410-M by title only. City Manager Saunders stated that this Ordinance will close and abandon certain utility easements lying between lots 23, 24 and 25 of Edgewood Lake Subdivision located just north of Grand Highway. Mr. Saunders stated that the City routinely requires drainage or utility easements along property lines when a new property is platted. Mr. Saunders stated that the owners want to reconfigure these 3 lots and turn them into 2 building lots and the City does not need these easements for utilities and staff is recommending approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 6 Mayor Turville asked if there were any questions or comments and there were none. A motion was made bp Council Member Biddle, seconded by Council Member Mullins, and carried unanimousl)~ to approve Ordinance No. 410-M. Solo Development Mayor Turville read a letter from Solo Development requesting postponement of this matter until January 9, 2001. Mayor Turville stated that he will not be able to attend the January 9, 2001 Council Meeting and requested that this be tabled until the second meeting in January. A motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to table the request o_f Solo Development until the Januarv 23, 2001 meeting. VISITORS WITH BUSINESS Jay Rosario/Rolling Hills Ford Planning Director Brown stated that the applicant is requesting the extension of a previously approved variance to allow for a temporary office trailer housing their sales and accounting offices during the renovation of the automobile dealership, as the renovations are not complete. Mr. Brown stated the original request was approved by the Council for a period of 14 months and that time has expired so the applicant would like a 6-month extension. Mr. Brown stated that staff recommends approval. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Deputy City Clerk Maddox swore in the following: Jay Rosario, 1101 East Highway 50, Clermont Mr. Rosario handed out pictures of the temporary office trailer for the Council Members' review to reassure the Council that the temporary office trailer is not visible fi'om Highway 50. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 7 Mayor Turville asked if Mr. Rosario felt a 6-month extension was enough and Mr. Rosario stated that he is working with Planning Director Brown to amend the conditional use permit so that the building plans can be submitted to the County for review and 6 months should be long enough. Council Member Biddle stated he would rather approve an 8-month extension than have it be necessary for the applicant to come back for another extension. City Manager Saunders stated that when the Conditional Use Permit process is before the Council, an additional extension of time can be address by the Council in the CUP if necessary. A motion was made bY CouncilMember MacLauchlin, seconded by CouncilMember Mullins and unanimously approved a variance to allow the temporarv use of an o_ffice trailer_for a period qf 6 months. NEW BUSINESS Resolution No. 1165 Mayor Turville read Resolution No. 1165 by title only. Planning Director Brown stated that this is a request for a Conditional Use Permit to allow the expansion of an existing restaurant and the applicant is Alan Pool for On The Comer Seafood Grill. Mr. Brown stated that the applicant is proposing to expand the kitchen facilities by enclosing an area of 512 square feet on the side, a portion of which is an existing wooden deck. Mr. Brown stated the property has the proper land use and zoning and the proposed expansion is consistent with the Central Business District. Mr. Brown stated that staff recommends approval and the Planning and Zoning Commission also recommended approval. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held a~d that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Council Member Biddle confirmed that what is being expanded is the area over the existing deck and Planning Director Brown stated that over one-half of the expansion is over an existing wooden deck. Council Member Biddle stated he felt the back of the property would look better with this expansion. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 8 A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to adopt Resolution No. I 165. ~ Resolution No. 1166 Mayor Turville read Resolution No. 1166 by title only. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville advised for the record that he had received a call from one of the applicants requesting that this matter be tabled and that staff had also received a request from the applicant to table the matter. Attorney George Hovis, representing residents of Kings Ridge, stated they are prepared to speak on the issues and oppose tabling this matter. Mr. Hovis stated that the application was filed 4 months ago and it should not be tabled at the last minute. Mr. Hovis requested that the Council hear this tonight and deny the application without prejudice and require the applicant to file a new application if they choose to do so. Mr. Hovis stated that the residents of Kings Ridge have a right to express their concerns regarding this project and the applicant has not met with them or given them any consideration. Mr. Hovis stated that the residents compromised with the Publix project, and the Council should not now approve a 24-hour gas station and convenience store that is opposed by the residents of Kings Ridge. Deputy City Clerk Maddox swore in the following: Paine Teague, 7575 Dr. Phillips Boulevard, Orlando, Florida 32819 Ms. Teague stated that she represents K & B Associates and they were requesting the item be tabled as they have been going back and forth with Halvorsen Development Corporation trying to obtain minutes from their meeting with the residents of Kings Ridge and just last week received the Minutes from the Planning and Zoning Commission meeting. Ms. Paine stated that it seemed that the residents were concerned about a 24-hour operation and it was her understanding that the time to address that was during the CUP process and it was not addressed during that process probably because the residents had met with Halvorsen and come to an agreement regarding the operation of the Publix. Ms. Teague stated that there are no restrictions on record for out-parcels regarding hours of operation, just for deliveries. Mr. Halvorsen is willing to meet with the residents again and she would like for him to be present before a decision is made. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 9 Council Member Renick stated that she spoke with Ms. Teague this afternoon and advised her at that time she could not vote for a postponement. Ms. Renick stated that she heard the residents' position when she was on the Planning and Zoning Commission. Mayor Turville stated that the Council needs to decide first whether a public hearing is going to be held on this now or whether they wish to postpone the matter. Council Member Mullins questioned whether the matter should be tabled until a time certain in January so the applicants can come before the Council 'or deny without prejudice and require the applicant to file another application, which would come back before the Council in January anyway. Mr. Mullins stated he wants to hear what the applicants have to say. Council Member Renick stated she felt it was a waste of time to bring it back again since the Council Members all know how the residents feel. Mayor Turville stated the alternatives are to deny without prejudice, to deny the request outright, without the applicant being heard, or to table the matter. Council Member Biddle reported that he had spoken with Attorney Hovis regarding this matter and he feels that when it looked like the request was not going to be approved, the applicant decided to table it. Council Member Biddle stated he hopes it is not tabled. Attorney Hovis requested that he preferred the matter be denied with prejudice and stated the only reason he suggested originally that it be denied without prejudice was to give the applicants an opportunity to come back before the Council if the Council felt it needed to hear fi.om the applicants. Ms. Teague asked if she could withdraw the application and City Attorney Guthrie stated that the applicants could withdraw the application and reapply if they chose to do that. A motion was made bY Council Member Renick, seconded bp Council Member Mullins, and carried unanimously to deny the request to table Resolution No. 1166. City Attomey Guthrie confirmed that the applicant can withdraw her application and reapply at a later date and offered to review the City Code to confirm that. Mayor Turville recessed the meeting for 10 minutes at 8:32 p.m. Mayor Turville re-adjourned the meeting at 8:50 p.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 10 City Attorney Guthrie stated that Section 86-147 of the City Code addresses the issue of reapplication after denial, stating that if an application is denied, an applicant cannot reapply for one year, if the matter is denied without prejudice, the applicant cannot reapply for three months. Mr. Guthrie stated that it does not address the issue of the applicant withdrawing an application, and stated that if the applicant withdraws the application that precludes a denial so there is no time limitation for reapplication. Ms. Paige requested that the application be withdrawn. City Manager Saunders confirmed that if the applicants choose to reapply, they will begin the process all over again including advertising and going through Planning and Zoning. Resolution No. 1167 Mayor Turville read Resolution No. 1167 by title only. Planning Director Browh stated that the request is to allow the construction of a medical office and ambulatory surgical center to include doctors' offices and other professional offices. Mr. Brown stated that the property is located on the eastern side of the Citrus Tower property and has the proper land use designation and zoning. Mr. Brown stated that the Planning and Zoning Commission and staffrecommends approval of the project with certain conditions that he reviewed with the Council and presented an overhead projection of the proposed project. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Deputy City Clerk Maddox swore in the following: Robert Thompson, 1958 Brantley Circle, Clermont Greg Homan, 2057 Sugarloaf Mountain Road Mr. Thompson offered to answer any questions anyone may have and provided a drawing of the proposed project. Mr. Homan stated that he strongly supported this project and felt it would add a lot to the Citrus Tower. Mr. Homan asked for confirmation of whether there was cross-lateral parking CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 11 lot access and Mr. Homan stated that they were in agreement with cross lateral parking access. City Manager Saunders stated that Condition No. 5 of the Conditional Use Permit provides for cross-access to the property to the west and access through the site from Citrus Tower Boulevard in the north to Grant Highway in the east. Council Member Mullins stated that Mr. Thompson will be working on Citrus Tower Boulevard and Grand Highway and confirmed that his work will be coordinated with the County. Planning Director Brown advised that the County is ready to move ahead with this intersection improvement and are simply waiting for right-of-way dedication from the property to the north from Jaymark. Mr. Brown stated that he has been advised by the County that when they do the intersection, they are going to make it a 3-lane section all the way to the intersection. A motion was made bp Council Member Mullins, seconded by Council Member MacLau'chlin, and carried unanimously to adopt Resolution No. 1167. -~ ~ '~' Resolution No. 1168 Mayor Turville read Resolution No. 1168 by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to amend an existing CUP to allow an additional mini-warehouse facility in Citrus Tower Center, located on the west side of U.S. 27 south of Hook Street. lVlr. Brown stated that the applicant would like to enlarge the existing storage facility and presented an overhead projection showing the location to the south of the existing facility. Mr. Brown highlighted some of the conditions of the CUP and stated that the Planning and Zoning Commission and staff recommend approval. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Deputy City Clerk Maddox swore in the following: Robert Thompson, 1958 Brantley Circle, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 12 Mr. Thompson offered to answer any questions. Council Member Biddle confirmed that the hours of operation would be from 6:00 a.m. to 8:00 p.m. .,t motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1168. Mayor Turville stated for the record that several months ago Mr. Thorripson had discussed with him his desire to expand his project. Resolution No. 1169 ,,1 motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to table Resolution No. 1169 until the Decemberl 2, 2000 Council Meeting (time certain). McCoy & Associates A motion was made by Council Member Mullins, seconded bp Council Member MacLauchlin, and carried unanimously to table the variance request of McCoy & Associates until the December 12, 2000 Council Meeting (time certain). Appointments-Planning and Zoning Commission City Manager Saunders stated that there are currently four openings on the Planning and Zoning Commission, which means if one of the remaining members misses a meeting there would not be a quorum. Mr. Saunders stated that there are two more meetings of the Planning and Zoning Commission before the annual appointments take place in January. Mr. Saunders suggested that at least two citizens be appointed to serve for these remaining two meetings. Mr. Saunders pointed out letters that were received from several citizens indicating their interest in serving. Council Member Renick confirmed that Mr. Tegen's letter was to request re-appointment in January and not just for these two meetings. Council Member Biddle stated that he would like to see all areas of the City represented on the Planning and Zoning Commission and there are members already serving from the Kings or)' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 13 Ridge area. Mr. Biddle suggested Mr. Crossly indicating that he seemed to have a good background for service on the Commission and has a business in the downtown area. Council Member Renick suggested Mr. Lange indicating that he was an environmentalist and would be an asset to the Commission in representing those issues. Council Member Biddle stated that Mr. Palmisciano is presently serving on the Ordinance Review Committee and this is the second time he has requested to serve on Planning and Zoning. Council Member MacLauchlin confirmed that the appointments tonight will just be for the remaining two meetings this year and there will then be the annual appointments in January and these citizens who have indicated their interest in serving will again be considered at that time. A motion was made by Council Member Biddle, seconded by Council Member Renick, and carried unanimously to appoint David Lange and Gene Crossley to serve on the Planning and Zoning Commission until the annual appointments in Januari, 2001. West Orange-South Lake County Transportation Task Force Mayor Turville stated that he has been attending the Task Fome meetings on behalf of the City and the group has had remarkable success due to the fact that key members of the legislative delegation in and around our area are interested in our problems. Mayor Turville stated that the Task Force is proposing an increase in the dues from $500 to $1,000 for the upcoming year. Mayor Turville expressed that he felt our area got a lot for its money for the participation on this Task Force, especially relating to Highway 50. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve an increase from $500 to $1,000 in the dues_for the West Orange-South Lake Coun_t), Transportation Task Force. CITIZENS COMMENTS Nancy Fullerton stated that the speed limit on Highway 50 fi.om the Hospital to the Publix is 55 mph which is dangerously high, and requested that it be lowered. Mayor Turville explained that the Department of Transportation sets speed limits. City Manager Saunders stated that he just received a work order fi.om DOT and a light will be installed soon at CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2000 Page 14 Highway 50 and Citrus Tower Boulevard. Mr. Saunders stated that the City has already made a request for the speed limit to be lowered to 45-mph from Hancock Road to Highway 27. Greg Homan stated that he pays considerable money for water, power and City taxes on his Citrus Tower and other property and because he does not live in the City of Clermont, he cannot vote in City elections. Mr. Homan asked what law governs that decision as he feels he has an investment in the City and should be able to participate in City elections and asked what action could be taken to allow property owners to have a vote or serve on the City Council or P & Z even if they do not reside in the City. City Attorney Guthrie stated that the qualifications for voting are set by State Law. Mr. Guthrie stated that the residential requirements and qualifications for serving on a Board or on the Council is set by the City Charter. 'Frank Caputo stated that gravel trucks and other commercial vehicles are using Hancock Road as a by-pass to avoid Highway 27 and Highway 50. Mr. Caputo said now that there is an elementary and middle school as well as the new park, this is going to be a very dangerous situation. Mr. Caputo asked if a "No Through Truck Traffic" sign could be erected on that road. Council Member Renick stated she spoke with Mr. Steivender with the County and he acknowledged to her that there is a high rate of trucks using the road and he stated he would provide a traffic report. City Manager Saunders stated he had spoken with some of the residents in that area and also talked with the County about the problem and at this point it is a County decision because it is a County maintained and operated road, although part of it is in the City limits. Mr. Saunders stated also that the other side of the coin is those trucks are now not on that section of Highway 27 or going through the intersection of Highway 27 and Highway 50, which we have had a lot of complaints about also. Council Member Renick asked ifttie City could change the speed limit and City Manager'Saunders stated that would be a County decision. Mr. Saunders stated he would talk again with the County and attempt to come up with some solutions regarding signage and speed limits on the road. There being no further business the meeting was adjourned at 9:36 p.m. ~d ~. T-urville, Jr. Mayor Attest JoSh E."Van Zil~, City C~'erk