Loading...
02-22-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 22, 2000 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by. Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Mullins, Council Member Lamb and Council Member MacLauchlin. 'Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, Planning Director Brown, and Deputy City Clerk Maddox. 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 A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the minutes qf the regular Council Meeting hem February 8, 2000. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that Assistant Superintendent of Lake County Schools, Jerry Cox has invited the City Council Members and citizens to attend the public meeting on Thursday, February 24, 2000 at Windy Hill Middle School for discussion regarding the location of the new proposed High School. Mr. Saunders stated that if any Council Members wish to attend one hour before the meeting there will be a tour of the two proposed sites for the new school. City Manager Saunders reminded the Council Members of the Joint Workshop of the Planning and Zoning Commission and City Council scheduled for 6:30 p.m. on March 9, 2000, at the Highlander Hut. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 2 CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Council Member Biddle thanked the City Manager and Council Members who attended the Visioning Session sponsored by the Chamber of Commerce, Mainstreet and Downtown Clermont Partnership. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER LAMB Council Member Lamb stated she represents the City on the League of Cities' Ambulance Selection Committee and they have had several meetings. Ms. Lamb stated there seems to be a consensus to have one provider to service the entire County versus the two services the County now has. Council Member Lamb stated there was a strong effort to get a better response time and better service than we have had in the past. COUNCIL MEMBER MACLAUCHLIN No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 3 MAYOR TURVILLE'S REPORT Mayor Turville stated that he attended the public hearing regarding the ambulance service and was proud of the strong position the League of Cities took. Mr. Turville stated he also attended the Solid Waste Advisory Committee on behalf of the League of Cities. CONSENT AGENDA Item No. 1-Group Medical Plan Changes-Approval Item No. 2-Pay Period Changes-Approval Item No. 3-Chlorine Contact System=Final Change Order Item No. 4-Plat Approval-Tower Grove A motion was made by Council Member Biddle, seconded by Council C~ - Member Lamb, and carried unanimousl_¥ to approve the items listed on theo ~ Consent Agenda. Mayor Turville asked if any Council Member objected to moving Resolution 1114 forward from the last item on the Agenda to the next item since the majority of the people present were there regarding this issue. No one objected. Resolution No. 1114 Rob Ahrens/Kings Ridge City Manager Saunders stated the Planning and Zoning Commission previously tabled this and requested more information from the applicant. Mr. Saunders stated that the applicant, Rob Ahrens has also requested the matter be tabled until the April Planning and Zoning meeting and first City Council Meeting in April. Mr. Saunders stated that Staff recommends Resolution No. 1114 be tabled and sent back to the Planning and Zoning Commission for their review and recommendations to the City Council. Rob Ahrens stated that Lennar Homes has put together a committee from each of the neighborhood associations in Kings Ridge and they have requested that representatives fromLennar sit down with the committee and review the details of the this application to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 4 modify the professional office and commercial areas. Mr. Ahrens requested this be tabled until the April City Council meeting. Planning Director Barry Brown requested the issue be tabled to a "time certain" to avoid having to re-advertise. Hal Horowitz requested that the Council Members require that Lennar do no clearing, grading or construction until this matter comes before them in April. City Attorney Guthrie stated that the City can table this issue with the condition that any work at the level they are seeking'which requires a permit not be permitted'until this matter comes before the Council again. Rob Ahrens stated that Lennox has two permits in that area now; one for site grading, infrastructure, utility and parking lot development for the City's new fire station and the other one is for grading along Hartwood Marsh Road to connect the sewer line to the Lift Station on Hartwood Marsh Road for the development called Legends. Mr. Ahrens stated no clearing or grading will be done relating to this application. Council Member Biddle stated he felt this matter should be tabled to give the developer an opportunity to work with the committee of citizens and hopefully resolve any problems. Marilyn Moore stated she did not understand how the committee members were selected. George Hovis stated he represents some citizens of Kings Ridge who oppose this Resolution and would like to have the matter brought before the Council in March rather than April so that those citizens who go back up north have an opportunity to be present. Ed Mundini stated that when he bought his property three years ago, the information regarding this commercial property was available. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 5 Planning and Zoning Commission Member Elaine Renick stated that the applicant has agreed to provide additional information to the Commission. Ms. Renick stated she would like this tabled until the Planning and Zoning Commission can review the additional information and make a recommendation to the City Council. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously to table Resolution No. 1114 until the April 11, 2000 Cit~ Council Meeting (Time Certain). O0~- VISITORS WITH BUSINESS Mayor Turville stated that the following issue required a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Herbert and Deborah Liskey City Clerk Van Zile swore in the following: Deborah Liskey, 223 S. Lakeview Avenue, Winter Garden, F1 Herbert Liskey, 223 S. Lakeview Avenue, Winter Garden, F1 Lan-y Osteen, 10721 Lakehill Drive, Clermont, F1 Planning Director Brown stated the applicant would like to add a boatlift to an existing non-conforming boat dock located at 2237 S. Lakeshore Drive. Mr. Brown stated the existing boat dock extends into the water approximately 45 feet and at approximately 29 feet into the water it crosses over the applicants' riparian property line, into the adjoining property. Mr. Brown stated the proposed addition is not a further encroachment into the adjoining property and is not increasing the existing non-conformity. Mr. Brown stated that a ten foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners and the applicants have written documentation from the property .owners on either side, stating that they have no objection to the variance, therefore recommends approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 6 Applicants offered to answer any questions. Mayor Turville closed the public hearing. Mayor Turville expressed concern whether residents owning property where their lot crosses a street with some of their property on the lake side could sell those small lakeside pieces of property separately. City Manager Saunders stated that those lakeside potions of a resident's property would have to be re-platted into separate lots in order to be sold separately from the whole piece of property and the City's ordinance would not allow that. A motion was made by Council Member Lamb, seconded bY Council c.9o Member Mullins, and carried unanimously by roll call vote, to approve the cO q ~ variance request allowing the applicant to add a boatlift to an existing dock. Ken Golby Planning Director Brown stated applicants have withdrawn this variance request. UNFINSHISHED BUSINESS Ordinance 390-M-Final Reading Mayor Turville read Ordinance 390-M by title only. Mayor Turville stated that this ordinance will amend the City's Comprehensive Plan recognizing the prior annexation of the Kings Ridge DRI. Mayor Turville invited anyone wishing to speak regarding this ordinance to come forward. There were no citizen comments and Mayor Turville referred the ordinance to the City Council for action. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 7 A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously by roll call vote to approve Ordinance 390-M. Resolution No. 1119 Bob Wade City Manager Saunders stated that Bob Wade requested that the City officially name the -- previously unnamed new street that will nm westerly from Citrus Tower Boulevard along the northern boundary of the Kash N' KanT project extending along the north boundary of the theater and terminate in a proposed subdivision adjacent to Jack's Lake. Mr. Saunders stated that if this resolution is adopted the name Hunt Trace Boulevard will be placed on the Official Map of the City for this section of road and will be assigned to the future extension running east of Citrus Tower Boulevard to Hancock Road. Mr. Saunders stated the name has been cleared through Lake County Emergency Services. A motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimously to name the previously unnamed new street Hunt Trace Boulevard. Resolution No. 1118 Personnel Policy Mayor Turville read Resolution No. 1118 by title only. Finance Director Van Zile stated that Resolution 1118 will amend the City's Personnel Policy and the provisions will primarily incorporate the City's full-time Fire Fighters that were added to the City staff this past year. Mr. Van Zile stated these items were discussed at a previous Council Workshop. ,4 motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously to adopt Resolution No. 1118 amending the Ci~ 's Personnel Policy. O0o CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 8 School Siting Comprehensive Plan Amendment City Planner Barbara Hollerand stated this is the transmittal stage of a Comprehensive Plan Amendment required by the State of Florida. Ms. Hollerand stated this has been reviewed by the Planning and Zoning Commission and after this transmittal is reviewed by the Department of Community Affairs the City will have two adoption hearings in March. Council Member Lamb stated this will encourage the location of schools to be in planned urban areas near parks, libraries and community centers to the extent possible. A motion was made by Council Member Lamb, seconded by Council Member MacLauchlin, and carried unanimously to forward the School Siting Comprehensive Plan Amendment transmittal to the DCA. ~--90- Resolution No. 1111 Immanuel Temple Church Mayor Turville stated that the following issue required a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mayor Turville read Resolution No. 1111 by title only. Planning Director Brown stated the applicant is requesting a conditional use permit to allow the operation of a church at 792 East Montrose Street. Mr. Brown stated the parcel was formerly the location of a bar, however the building has been vacant for many years. Mr. Brown stated that the proposed use is consistent with the land use designations and the zoning and staff recommends approval. City Clerk Van Zile sworn in the following: Pastor Daryl Forehand, 1406 Carver Avenue, Lakeland, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 9 Pastor Forehand stated Immanuel Temple Church has purchased an existing building that was formerly a bar and had been empty for several years. Mr. Forehand stated they have made improvements and will continue to make improvements to the existing building. A motion was made by Council Member Lamb, seconded by Council Member MacLauchlin, and carried unanimously to adopt Resolution No. 1111, granting a conditional use permit_for the operation of a church at 792 East Montrose St. 00" Resolution No. 1112 Nay-Nay's Playhouse Mayor Turville stated that the following issue required a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mayor Turville read Resolution No. 1112 by title only. Planning Director Brown stated this is a request for a conditional use permit to allow the operation of a child care facility for children ages 6-weeks to 12-years old, located at 1295 West State Road 50 just west of the IGA on the south side of 50. Mr. Brown stated the property has the proper future land use classification and proper zoning, therefore Staff recommends approval. City Clerk Van Zile swore in the following: Renee Lowe, 15527 Kensington Trail, Clermont, Florida Tara Schultz, 130 East Waldo Street, Groveland, Florida Renee Lowe requested that the City Council support child care in the community and stated the other child care facilities have a large waiting list so there is a great need for child care facilities. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 10 Mayor Turville asked whether the requirement for the facility to connect to the City's sewer system should be met before the facility is issued a Certificate of Occupancy. Ms. Lowe stated the owner of the building has begun the process already and hired a company to do the sewer connect. Ms. Lowe stated this hookup requirement should not keep them from opening at this time as they have a good septic tank system that accommodates the needs of the facility now. Ms. Lowe stated that they have agreed to hook up to the sewer system in anticipation of the future growth of the facility and agreed to that condition which is being worked on now. Council Member Lamb expressed concern regarding the traffic flow from the Highway 50 entrance and Ms. Lowe stated they had access from the back side of the property and the road actually belongs to the property owner. Ms. Lowe stated the largest majority of their clients come from the Lakeshore Drive area and they have encouraged the parents to access from 12th Street, turning on the road behind the IGA. A motion was made by Council Member Lamb, seconded by Council Member Biddle, and unanimously approve Resolution No. 1112 granting a conditional use permit to allow the operation of the chiM care facili_ty. Resolution No. 1113 Maury L. Carter & Associates/SOLO Development Mayor Turville stated that the following issue required a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mayor Turville read Resolution No. 1113 by title only. Planning Director Brown stated the applicant is requesting a conditional use permit to construct a convenience store, gas station, restaurant and retail store at .the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 11 southeast comer of State Road 50 and Hancock Road. Mr. Brown stated the property is in the UD-6 land use district and the requested uses are allowable, therefore Staff recommends approval. Mr. Brown reviewed the conditions of the proposed conditional use permit with the City Council Members. City Clerk Van Zile swore in the following: Daryl Carter, 908 S. Delaney Avenue, Orlando, Florida Scott Gentry, 809 Appleton Avenue, Orlando, Florida Elaine Renick, 1934 Brantley Circle, Clermont, Florida Rodney Lyons, 242 Carrol Street, Clermont, Florida Ray Houser, 3905 Westerham Drive, Clermont, Florida Elaine Tharpe, Twickingham, Clermont, Florida Mr. Carter offered to answer any questions and stated applicants agreed to all of the conditions that were suggested by Staff. Council Member Lamb stated she was concerned about having another cut on Highway 50. Mr. Carter stated that there would be an access off of State Road 50 and an access off Hancock Road making the traffic flow much better and safer. Mayor Turville stated that it was difficult to make a decision about traffic flow and elevation issues from the drawing provided and asked if the Council could wait for a final drawing before making a decision. Council Member Mullins stated he was concerned regarding the hills and suggested the use of landscape walls. Mr. Mullins was concerned about whether the construction on Hancock Road would be going on during the time school is being held. Mr. Gentry stated that before going to the expense of final road plans and engineering it was necessary for them to have their zoning and they have provided everything the City requires to bring this before the City Council. Mr. Gentry stated that the applicants were CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 12 working with the DOT regarding traffic flows and stated regarding Hancock Road that it is necessary to do some grading of the road to make it safe. Mr. Gentry reminded the Council Members that the other section of Hancock road has already been smoothed out to make it safe. Mr. Gentry stated they have an advantage in that they are doing some of the road work in conjunction with the site and have the option and ability to put a temporary road with temporary access to the property and will be able to keep the road open during construction. Elaine Renick stated that Planning and Zoning approved this without the final visuals and stated it was confusing as to whether final drawings are required before approval or not. Mayor Turville stated that it was difficult to vote on this issue because they could not tell from the drawings exactly what the plan was and whether or not their concerns regarding traffic and elevations were founded or not. Mr. Turville requested the City Manager's opinion. City Manager Saunders stated the City always tries to have applicants bring a site plan that is as close to what the applicant wants to do as possible, but there is always some changes that have to be made. Mr. Saunders stated that if an issue arises on the final plans they refer to the conceptual plans that were presented to the Council and if there are substantial changes they would bring it back before the City Council. Mr. Saunders stated that there have been several meetings with Lake County regarding the elevation of Hancock Road. Mr.. Saunders stated the County has indicated that they will put impact fees into that road construction, however it will have to meet their criteria. Mr. Saunders stated that unless the applicant knows he has the appropriate zoning to build his project, it would not be feasible to design a roadway. Council Member Lamb stated she was not prepared to make a decision without specific answers regarding elevation, traffic patterns, entrance and stacking. Council Member Mullins stated he did not want to see a street level convenience store on that comer and wanted the elevation of Hancock Road and the property taken into consideration so there are still hills. Mr. Mullins stated he approved of the idea of having CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 13 a restaurant, gas station and convenience store at the location, but wanted them on top of a hill. Mayor Turville stated that for the record there was one letter attached to this file and the citizen requested that Mr. Carter be required to cut down the other side of the road also on this citizen's property. There was further discussion regarding the visual aids that were produced to show the City Council the property elevations and proposed layout of the project and road improvements. Council Member Biddle stated he would like to see a topographical depiction of the plan and applicants offered a rough draft for the Council's review. Rodney Lyons inquired regarding the driveway cut on Highway 50 and whether there was a spacing criteria and Mayor Turville responded that the DOT has criteria. Ray Houser stated his concern regarding turning an acceleration lane into a deceleration lane and felt traffic would stack and back up on Hancock Road and Mr. Carter responded that this came up during the Planning and Zoning meeting and the applicant stated they cannot self-impose that traffic pattern but would be required to let the County and DOT make that decision. After considerable discussion the Council Members agreed they were very concerned about the issues of elevation and traffic flow as it relates to the intersections on Highway 50 and Hancock Road and suggested Mr. Carter may want to table the request to a time certain. Mr. Carter responded that they would like the City Council to vote on the issue at this meeting. Mr. Carter stated that the issue tonight is the use of the property and at the time of the site review process they will work with Staff and the Council to meet the City's criteria. Mr. Carter stated he felt that applicants have agreed to the conditions imposed on them. Mr. Carter stated that the applicants are dedicating additional right-of-way for · Hancock Road, dedicating the right-of-way for Hook Street and actually committing to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 14 build Hook Street along the South end of their property. Mr. Carter stated there is a limit to what a developer can do on a project and their property is properly shown on the Comp Plan for this use and is zoned C-2 and Mr. Carter stated the only issue before the Council tonight is use of the property. Mr. Carter stated that he did not feel the project should be delayed while the City comes up with a grading Ordinance and felt that applicants have followed all of the City's policy and procedures to the letter and have met all of the requirements of the application process. Mr. Carter stated the applicants were committed to working with Staff and City Engineer as well as the County and would like Council's approval of the requested Conditional Use Permit. City Attorney Guthrie stated there is case law with regards to pending ordinances and since the developer is aware that the City has been discussing a grading ordinance, which has been drafted he advised that a condition could be imposed that relates to compliance with the proposed pending ordinance. Mr. Guthrie stated that the Council is now at a conceptual plan process and they will be on notice that at the time they come in with a specific development proposal that the pending ordinance will be in place and they will be required to comply with it. Council Member Lamb stated she did not believe we should have any more cuts on HighwaY 50 and Highway 50 was not being given a chance to get better. Ms. Lamb stated she felt this would make it worse and she believed frontage roads were the answer that would get people off of Highway 50. Ms. Lamb stated that the City should learn from the mistakes made on Highway 50 from Winter Garden to Orlando. Mayor Turville stated that their will be another route available that will almost serve as a service road. City Manager Saunders stated that the City is requiring Hook Street to be extended along the southern boundary of the property and Hook Street will also go to the West with an intersection on Hancock Road, so anyone traveling on Highway 27 could access this site without ever getting on Highway 50. Mr. Saunders stated that he is not a fan of more cuts on Highway 50, however if the only access was from Hancock Road there would be a larger problem with everything trying to get in and out on Hancock. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 15 City Attorney Guthrie stated the City has constraints in that if the developer meets the Department of Transportation's criteria the City cannot deprive a property owner of access to Highway 50. Elaine Tharp stated she is concerned regarding Hancock Road and stated that one of the problems at Hiawasee and Highway 50 is that there is no deceleration lane to right turn right and we don't want that to happen on Hancock or there will be stacking. City Manager Saunders stated he has reviewed conceptual plans that Lake County has for that intersection and does not recall the plan eliminating the free right turn at that intersection. Mr: Saunders-stated'that it can be accomplished by having an area just directly east that is not part of the deceleration lane. Mr. Saunders stated the reason the acceleration lane was built there is because there was just a stop sign there in the past. Mr. Saunders stated that now that there is a traffic signal the need for an acceleration lane is eliminated. Rodney Lyons requested that someone answer his questions regarding the DOT's criteria. Mr. Carter stated that they have a transportation engineer and have a traffic study. Mr. Carter stated their project meets the DOT's criteria. A motion was made by Council Member Mullins, seconded b¥ Council Member Biddle, and approved bY roll call vote 4 to 1 to approve the conditional use permit with the condition that the applicant be required to compl¥ and meet the criteria set in the pending Grading Ordinance. (Council Member Lamb against) CITIZENS' COMMENTS Rodney Lyons stated his father had applied to put up a small green house and was required to get engineering on it and get a building and electrical permits. Mr. Lyons stated he did not know how the Fire Department can use these structures when his Father could not put up a green house without all the permits. Mr. Lyons stated the Fire Department had put up canvas tarps or tents to cover their fire tracks. Mr. Lyons stated his Father obtained a copy of the letter to Fire Chief Bishop authorizing the tents. Mr. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 16 Lyons stated his Father obtained a copy of the Minutes wherein the City Council approved those covers, and the minutes do not authorize "tents" but authorize "temporary structures". Mr. Lyons stated that his father also got a copy of the Bill of Sales for the structures and they identify the covers as "canvas tarps" not "tents". Mr. Lyons does not believe these are legal structures. Mayor Turville stated the City Council voted to approve the temporary structures for the fire tracks until the new fire station is built. City Attorney Guthrie stated the City has the authority to authorize temporary structures. Permanent structures would require compliance with location requirements and our zoning ordinances and must be permitted. Mr. Lyons stated he wanted a copy of the document showing the County does all the permitting and the City reserves the fight for tent permitting and also wants a duplicate copy of the tape from the City Council Meeting where the council approved the temporary structures. City Manager Saunders stated that back in the early 1980s the City of Clermont turned over all building permitting and inspections to Lake County. Mr. Saunders stated we will provide a copy of our Land Development Regulations regarding temporary structures. Mr. Saunders explained that the City did not have tape-duplicating equipment that works with our recording system as it is old and the speeds are different, but we were attempting to locate duplicator that would work with our old recording system. Mr. Saunders stated the tape was available in City Hall and Mr. Lyons was welcome to copy the tape with his own equipment. Joe Janusiak stated he had many complaints regarding citizens leaving their garbage cans out by the street for days at a time after the garbage has already been picked up. Mr. Janusiak stated that he also would request the City require the big dumpsters such as the one behind IGA and "On the Comer Sea Food Grill" to be fenced in and cleaned up so they do not smell. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 22, 2000 Page 17 Council Member Mullins acknowledged the Boy Scouts who attended the Council Meeting and congratulated their organization for being 90 years old this month. There being no further business or discussion, the meeting adjourned at 8:05 p.m. ~Mayor. Attest: