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05-25-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 25, 1999 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 Brown, Council Member Lamb and Council Member Wolfe. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Principal Planner Brown, and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. A motion was made by Council Member Brown and seconded by Council Member Biddle, and carried unanimous(v to approve the minutes of the re~t~ular Council Meeting held May 11, 1999. CITY MANAGER SAUNDERS' REPORT Workshop City Manager Saunders stated that a joint Council Members and Planning & Zoning Commission Workshop is scheduled for June 15, 1998, at Jenkins Auditorium, at 7:00 p.m. City Manager Saunders further stated that Council had discussed the purchase of a defibrillator for our Fire Department, and approval by the Council is requested for the $2,275.00 to make the purchase. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 2 A motion was made by Council Member Biddle: seconded by Council Member Lamb, and carried unanimously to approve $2,2 75. OO for the purchase ora defibrillator for the Fire Department. City Manager Saunders stated that he received a request from the Downtown Clermont Partnership requesting that on the first Friday of each month they would like to incorporate the new Trail Head area at the comer of 8th Street and Minneola, in their First Friday event. They are requesting that they use the area for light entertainment and possibly some food from approximately 6:00 p.m. to 9:00 p.m. The Council expressed that they had no objection. COUNCIL MEMBER BIDDLE No report. COUNCIL MEMBER BROWN No report. COUNCIL MEMBER LAMB Council Member Lamb stated that she had suggested that the City look outside for available legal talent. She stated that she feels the Council should begin negotiations with Robert Guthrie ofKruppenbacher & Associates, P.A. Ms. Lamb stated he impressed her as being the most qualified as he has a Master of Science Degree in Urban and Regional Planning, has been Counsel for Martin County, Brevard County and a City Attorney for Orlando. Council Member Lamb then stated that she wanted to make a Motion to enter into negotiations with Robert Guthrie as the City of Attorney for the City of Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 3 Mayor Turville stated that the Council needs to put this issue on an Agenda and further stated that a workshop had just been scheduled to discuss this matter. Mayor Turville stated it would be inappropriate for the Council to begins negotiations with anyone until the Council had made a decision. Council Member Lamb stated that the Council should move forward, and Council Member Wolfe seconded the Motion for discussion purposes. Mayor Turville stated that he is totally opposed to moving forward and the Council had a responsibility to the community to properly advertise when the Council was going to consider this question. He stated that it had been discussed publically several times, but had not been properly advertised or put on an agenda stating that the Council was considering hiring an Attorney. Council Member Lamb called the question and Mayor Turville stated there was a motion on the floor. A motion was made by Council Member Lamb: seconded by Council Member Wolfe, and carried, to enter into negotiations with Robert Guthrie as Ciw. Attorney for the Ciw. ofC, J. erma~ Mayor Turville and Council Member Biddle opposed. Further discussion was held and Council Member Biddle stated that it was inappropriate for City Attorney Baird to be sitting at the Council Meeting while the Council goes into negotiations with another attorney, without any public input other than the workshops. Council Member Wolfe stated that Mr. Baird had graciously served as City Attorney during other times when he may not have been in the final cut for selection of City Attorney, however, if Mr. Baird decided not to serve then the Council should consider hiring Robert Guthrie as interim City Attorney until a contract is negotiated. Mayor Turville encouraged Mr. Baird to stay for this meeting and stay until the Council has truly hired a City Attorney since he has not been eliminated at this point. Mr. Baird stated he had a report to give and agreed to stay until the Council requested him to leave. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 4 CITY ATTORNEY BAIRD City Attorney Baird stated that the Circuit Court has entered Summary Judgment against the City's position in their case with Lake Utility Service. Mr. Vam, who represented the City in this lawsuit, and City Attorney Baird, both recommend the City appeal the decision. The Notice of Appeal must be filed next week and authorization to file the Appeal is requested. The Notice of Appeal can be withdrawn prior to the time that other matters are supposed to be done, and that will give the City time to try and negotiate with Lake Utility Services. A motion was made by Council Member Wolfe. seconded by Council Member Biddle and unanimously carried, that we file the Appeal, with the option of withdrawing that Appeal, leaving us time to attempt negotiations with Lake Utilities Services or make a decision to continue or not with the Appeal. COUNCIL MEMBER WOLFE No report. MAYOR TURVILLE'S REPORT Mayor Turville stated he received a copy of correspondence directed to the Governor, from G.F.W.C. South Lake Junior Women's Club requesting that we recognize the need and encourage our citizens to buckle our children in seat belts. Mayor Turville supported their effort to remind us that our children learn by example and we should all buckle up. VISITORS WITH BUSINESS Fred Fox Enterprises, Inc. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 5 Fred Fox, the City's Community Development Block Grant Administer stated that this was the Public Heating regarding the Community Development Block Grant. He advised the Council on the upcoming grant cycle, explaining that the City's application had to be in by June 30, 1999. The four options for application for up to $600,000 are: Housing and Rehabilitation; Neighborhood Revitalization; Commercial Revitalization and Economic Development. Mr. Fox explained the nature of each category and the point system required to be competitive. He recommended that the City apply to the Florida Department of Community Affairs for one more housing grant. City Manager Saunders stated that the staff also recommends that the City apply for more Housing Grant in order to take care of the 8 or 10 we were unable to take care of with the first grant as well as some others that have since applied to the City for assistance. The other category was Commercial Revitalization. Council Member Wolfe inquired about the Economical Development and asked if the City could get grant money in this category. Mr. Fox stated that the City can apply for a grant in more than one category. City Manager Saunders stated that if we were to get the Economical Development grant our points would be reduced later on when we go in for the downtown development grant. So, for every grant you get, the next grant you lose a few points, so there can be some effect on the next grant. Mr. Brown inquired who a homeowner should contact if he had a problem with the work done and Mr. Fox stated the homeowner should contact the contractor. The homes do have one year warranty. A motion was made by Council Member Wolfe, seconded by Council Member Biddle and unanimously carried, for the CiE to apply for a Housing Rehabilitation Grant and direct the CiE Manager to re-review the other opportunities that may CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 6 exist for grant money; and that the CiE apply for S.H. LP. funds from the Count in the amount of $150,000. First United Methodist Church The Church is requesting permission for two tents to be placed on their property for their Vacation Bible School Program which will be held June 28, 1999 to July 2, 1999. Our Code requires Council approval for more than one tent for more than three days. Staff recommended approval. A motion was made by Council Member Wol~fe, seconded b.v Council Member Lamb and unanimousl~v carried_, to a.~orove First United Methodist Church's request for two tents to be placed on their properw, from June 18. 1999 to Jul~v :2. 1999. American Eagle Fireworks, Inc. American Eagle requests an Open Air Sales Permit along with a Tent Permit for June 25, 1999 through July 5, 1999, for the vacant parcel located at the SW comer of Highway 50 and 2nd Street. The Staff recommends approval. A discussion was held regarding the State's ban on open burning because of the drought and the need for everyone to be careful during this dry time. A motion was made by Council Member Wol~fe, seconded by Council Member Brown and unanimous(v carried, to a.~t~rove the Qnen Air Sales and Tent Permits for American Eagle Fireworks, Inc., with the condition that the permits can be revoked by the CiE if the drought puts the Ciw. in a position offire safew, concerns. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 7 John Wert/Robert Kennedy Mayor Turville stated that a variance request 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. City Manager Saunders stated that the applicants have requested a variance to the City's driveway standards. Our Code requires that the location of a driveway be two-thirds the length of the property from and intersecting street. This property is located at the intersection at the Montrose Street and Highway 27. The driveway would be located on Montrose Street. Several years ago a cross-access Agreement was provided in the location that the applicants would like to place the driveway, however the center line is only 40 feet from the intersecting streets. In order to meet the Code requirement the driveway would be off the easement that was provided and in an area that would also disturb other future development of the property. Based on the previous approval of the Landscape business located North of this site that needs this access driveway and the previously dedicated access point, the Staff recommends approval. City Clerk Van Zile swore in the following: Carl Begoaich- 17435 Yellow Pine Lane, Clermont Scan Jones- 17435 Yellow Pine Lane, Clermont Attorney Jimmy Crawford stated he represented the applicants in this case. He explained the background of the property and the necessity to obtain a variance. Attorney Crawford stated that Mr. Wert and Mr. Kennedy together, will vacate the easement that does exist and that could cause future problems. It is an additional 40 feet from the edge of right-of- way to the first lane of Highway 27, so you really have 80 feet for the turning lane and the improvement plan shown by DOT last year shows that even when Highway 27 is widened, they will have enough right-of-way and DOT is not planning any additional right-of-way· CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 8 A motion was made by Council Member Biddle, seconded by Council Member Brown and unanimously carried by roll call vote, to approve the variance. Resolution 1064-Orlando Christian School Mayor Turville stated that this issue requires a Quasi-Judicial Heating be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Manager Saunders stated that this is a request for a Conditional Use Permit to allow the operation of a Church and Christian School with temporary grass parking located at 100 North Grand Highway. Mayor Turville read Resolution 1064 by title only. City Clerk Van Zile swore in the following: Lloyd Meyer, President of Orlando Christian School, 4161 N. Powers Drive, Orlando, Florida Mr. Meyer stated that they have operated Orlando Christian School in Orlando for 32 years and as they are overcrowded and have many students and some teachers living in this are, they feel the need for more schools. Mr. Meyer explained that there is a road improvement planned to realign this section of Grand Highway into a T-intersection with Citrus Tower Boulevard. The School requests temporary grass parking until the road improvement is completed. City Planner Brown stated that once the County has finished that intersection improvement, the applicant will have six months to pave his parking. It would not be prudent for applicant to do that prior to the County's improvement. The Staff and Planning and Zoning Commission are recommending improvement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 9 A motion was made by Council Member Wolfe, seconded by Council Member Lamb and unanimously carried by roll call vote, to approve Resolution 1064. Resolution 1065-U.S. Leader Development Co., Inc. Mayor Turville stated that this 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 read Resolution 1065 by title only. City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to allow the construction of a convenience store, car wash and restaurant, to be located at the SE comer of Highway 50 and Grand Highway. A site plan indicates a right in only access from State Road 50, ingress and egress from Grand Highway at the southern boundary of the property and a connection at the NE comer of the property to the existing frontage road. The applicant is required to dedicate an additional 10 feet of right-of-way along Grand Highway and install a right hand turn lane into Highway 50. City Clerk Van Zile swore in the following: Wanda Andrews, 999 W. Lakeshore Drive, Clermont, Florida David Mulholland, 3751 McGuire Boulevard, Orlando, Florida Attorney Jim Crawford representing 'the applicants, stated that if the Council has questions, he had representatives from Exxon and Taco Bell available to be sworn in as well as David Mulholland of GMB Engineers & Planners, Inc. He stated that they had worked through a site plan with the Staff and Planning and Zoning and went through several revisions in order to get it correct and best utilizes the area and provides traffic flow. Mr. Mulholland performed a traffic study of the location, which showed that applicants meet all of the standards within the City of Clermont. Mr. Crawford stated that Applicants have also agreed to donate an additional 10 feet of right-of-way on Grand Highway over and above what is required by the City; pave a right turn lane on Grand CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 10 Highway to exit fight from Grand Highway onto Highway 50 to satisfy the need created' by "background traffic" which is not necessarily created by their project; also, applicants compared traffic generation with their requested use and uses that would be allowed in C- 2 Zoning without a Conditional Use Permit. They found their request to be less noxious. Mr. Crawford stated that if this project was not approved, the applicants would possibly sell off the site and do shared fast-food restaurants, which requires no Conditional Use Permit and generates approximately 50% more traffic that the present plan will generate. City Planner Brown stated that Staff recommends approval, however, the Planning and Zoning Commission made a motion for approval that failed and no subsequent motions were made. Wanda Andrews stated that Planning and Zoning denied approval and she personally was concerned at having another convenience store in a high traffic area and felt it had a negative image on the City suggested that maybe the City would need to change its name to "the Pit Stop". She said "traffic generation lingo" is confusing and asked that the Council listen very carefully. Council Member Lamb expressed concern about access onto Highway 50. Attorney Crawford stated that there is a fight-in only. He also stated that the correct comparison is not between the use applicants have requested and an empty lot, but the use applicants have requested and what other uses applicants may be able to put there. The Taco Bell and car wash are already approved uses and only the convenience store needs approval; and, convenience stores generate less traffic than the other uses that are allowed. Council Member Lamb stated her concerns were of a cut on 50 that close to an intersection. Council Member Wolfe questioned whether they would still have a deceleration lane when they 6 lane Highway 50. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 11 Mr. Mulholland stated it was a right-in and there would be no stacking problem. Mr. Crawford stated that if the right in was eliminated it would create an adverse situation on Grand Highway and that more ingress-egress points are better for traffic flow, than less. Council Member Wolfe asked Planning Director Barry whether the applicants would be allowed to go in with three fast food restaurants as stated in their comparison, without conditional use. Planning Director Barry stated that the restaurants are a permitted use and Attorney Crawford showed the Council a proposed site plan for that possible alternative to what applicants are proposing. Council Member Wolfe stated that he was against anything that will put any more traffic onto Highway 50. City Clerk Van Zile swore in Mike Geigo, 1242 McNeal Woods Place, Altamonte Springs, Florida. Mr. Geigo stated he does site selections for various national companies throughout the State of Florida and is involved in this project on behalf Exxon and Taco Bell. He gave examples of traffic patterns in other areas of Florida and gave some comparisons of what the property could be used for and the proposed use by applicants. He stated drive- through restaurants generate much more traffic/stacking problems than sit down restaurants, convenience stores or car washes. Attorney Crawford acknowledged all concerns but stated that the only correct comparison of property use is the allowed usage vs. the Conditional Use Permit. He stated that the standards for a conditional use or special exception use to be granted are different than the standard for a rezoning. In rezoning the applicant must show that he meets the standards and it is in the public's interest; in a conditional use or special exception use where the applicant has otherwise complied with those conditions set forth in the zoning code, the court's has said that the burden is on the zoning authority to demonstrate by substantial evidence that the special exception is adverse to the public interest; and that the special exception is a permitted use to which the applicant is entitled unless the zoning authority determines according to their standards, that it would adversely effect CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 12 the public's interest and he feels the evidence shows that this conditional use is less adverse than the allowed use. Mayor Turville stated that he knows of no use at that location that would not have a right- in off of Highway 50. He stated these applicants own the land and there are permitted uses of this land that would not require this application and that would be bigger trip generators than this proposal. The Mayor stated that this may be the best scenario that the City can anticipate on this parcel. A motion was made by Council Member Wol~fe, seconded by Council Member Lamb. and carried by roll call vote, to deny Resolution 1065. Council Members Brown, Lamb and Wolfe approved. Council Member Biddle and Mayor Turville opposed. Mayor Turville recessed for a 10 minute beak at 9:15 p.m. Resolution 1066-Skytop, Inc. Mayor Turville stated that this 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 read Resolution 1066 by title only. City Manager Saunders stated that this is a joint request of Skytop, Inc. and South Lake Hospital to amend the Conditional Use Permit for a Planned Unit Development that will consist of two office buildings and a restaurant on the North Side of Highway 50, just west of the water tank. The previous permit allowed the construction of the office buildings and this is for the addition of the restaurant. The Applicant will be required to construct the North South Road connection Highway 50 to the future reverse frontage road as well as that portion of the reverse frontage road that runs along the North property line of the subject property. There was a previous workshop with the Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 13 City Clerk Joe Van Zile swore in the following: Rick McCoy, 713 W. Montrose Street, Clermont, Florida Matt Modica, 1275 W. Lakeshore Drive, Clermont, Florida Mr. McCoy, Project Engineer, stated this is the same Conditional Use Permit brought before the Council before, and applicants are just requesting the addition of a restaurant. Mr. Modica stated that he supported this project, but has concerns regarding grading and would like to request the applicants minimize the impact on the hills on the site. Planning Director Brown stated that the Staff and Planning and Zoning Commission recommends approval. A motion was made by Council Member Biddle and seconded by Council Member Wolfe, and carried unanimously by roll call vote, to approve Resolution 1066. Ordinance 380-M Mayor Turville stated that this 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 read the ordinance. City Manager Saunders that this Ordinance will rezone approximately six acres located on North Hancock Road from R-R Rural Residential to C-2 Commercial. This is the triangular parcel north of the larger commercial piece that the Council previously approved a small scale comprehensive plan amendment to be combined for this commercial comer. City Clerk Van Zile swore in the following: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 14 Darryl Carter, 908 S. Delaney, Orlando, Florida 32806 City Planner Brown stated that the Staff and Planning and Zoning Commission recommends approval of this Ordinance. A motion was made by Council Member Biddle, seconded by Council Member Brown and carried unanimously by roll call vote, to approve Ordinance 380-M. Resolution 1067-SOLO Development Mayor Turville stated that this 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 and then read the Resolution. City Manager Saunders stated the applicant is requesting a Conditional Use Permit to allow the construction of an approximately 247,000 square foot shopping center at the NE comer of Highway 50 and North Hancock Road. The City and County have previously approved the points of ingress and egress to the site, which are consistent with the Conceptual Site Plan. City Clerk Van Zile swore in the following: Donald Ballad, 3526 Westerham Drive, Clermont, Florida Scott Gentry, 809 Appleton Avenue, Orlando, Florida Wanda Andrews, 999 W. Lakeshore Drive, Clermont, Florida Matthew Modica, 1275 W. Lakeshore Drive, Clermont, Florida Darryl Carter, 908 South Delaney, Orlando, Florida Elaine Renick, 1974 Brantly, Clermont, Florida Charles Forth, 939 W. DeSoto Street, Clermont, Florida Paul Rosenthal stated he represented applicants. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 15 Mr. Carter stated that the site is approximately 40 acres at the NE corner of Hancock Road and Highway 50. The property is zoned C-2 which is consistent with the future land-use map designation and has been zoned commercial for six plus years. City Planner Brown stated that the Staff recommends approval, with the following recommended changes and additions to the stated conditions: That a 30 foot wide strip of land along the north and east boundaries be reserved to accommodate the rail-trail connection proposed for that area; and that a landscape buffer be built to effectively provide a visual barrier along the rear of the shopping center at the time of construction. Also, Staff would request that in Section 3, Item 3 on Page 3, that portion of the sentence of the first sentence which allows identified improvements to be constructed within three years of the date of issuance of the Building Permit and instead read Based upon results of the traffic study as referenced in Item 2 above, the City may require the transportation improvements necessitated by the portion of the project for which a building permit is sought be made at the time of construction of that portion of the project. The Planning and Zoning Commission also recommend approval with the following additions and revisions to the conditions: That landscaping will be upgraded per the code that is in existence at the time of a site plan approval and that the site plan be changed to read "retail stores" vs. "retail store". The Planning and Zoning Commission would also request applicants use concern in grading the site. Mr. Donald Ballard stated he had no real objections to this project, but questioned the difference between Walmart and this project and how the City could protect itself financially from legal expenses. Matt Modica stated he did not support this project and one of his main concerns is the grading of the hillside. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 16 Wanda Andrews stated several concerns including the cuts on Highway 50 and cuts on Hancock Road and the size of the project especially considering that traffic will also be generated from the hospital and college and the residential areas. Mr. Carter stated that they concurred with Staff and the Planning and Zoning Commission's revisions and additions to applicant's plan. Council Member Lamb stated concerns about having a full signal light at that location and also expressed her concern about the safety of cutting across lanes of traffic at the cut and questioned why frontage roads were not being built to get the traffic off Highway 50. Ms. Lamb further asked if there was a traffic study and stated that there already was a traffic study stating that we are going to lose our level of service on Highway 50 in the next four years, and this does not include this project. City Manager Saunders stated that Dr. Westrick of Lake Sumter Community College has been informed by DOT that a full signal light will be installed at the intersection most likely this year. Mr. Carter stated that a frontage road on the west side of North Hancock is planned, but his location is an isolated commercial site and they did not feel it was necessary to have a frontage road from North Hancock back to the east, as that ends the commercial site and the homes east of the site have access to the shopping center without going onto Highway 50 through their access on Hancock Road. Mr. Carter stated that Council Member Wolfe touched on the reverse frontage road concept more than a year ago and they took his comments and suggestions and came up with a frontage road that runs all the way from Citrus Tower Boulevard along the southern side of all their property, back to Hancock Road. Also, Mr. Carter stated that in addition they are dedicating right-of-way for Oakley Seaver Boulevard, which is another East-West parallel route to Highway 50. Further, he stated that South of Hancock Road they are dedicating right-of-way for Hook Street, which is another parallel road to Highway that will aid traffic. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 17 Scott Gentry, Civil Engineer, stated that they met with the DOT, the County and the City regarding the accesses both on Highway 50 and North Hancock and received approval for all of the driveways. Attorney Rosenthal stated that while the plan is based on a hypothetical mix of tenants, the City will have the opportunity in the context of the site plan review, and it is required that there be a specific traffic study, to review the specific site plan study, and in the event something deviates from that mix, that transportation improvements be addressed. He further explained that they were before the Council not on a site plan approval, but for use approval. A developer cannot be expected to spend hundreds of thousands of dollars designing the detailed engineering to bring a tenant in to identify as a specific user, without knowing whether or not the City first says that the use is permitted, subject to the conditions set forth in the resolution. The City will have the opportunity to review each tenant/user and what traffic will generate from the tenant and will be able to address that. Council Member Biddle stated that he feels we are looking at the whole transportation issue backwards. We are trying to make people go farther away instead of allowing them to shop in town. Council Member Wolfe stated his concern is traffic. He stated that in less than a year we will have a Hospital, Jr. College and Central Florida University annex, a shopping center and a movie theater and still have almost 2,000 homes to be built, all in that area. We need a traffic study which includes North of Highway 50, also South of Highway 50 and find out where we are before we put more traffic on Highway 50 going east of town. Mayor Turville stated that all the zoning is in place, all the land use is in place, the DOT approvals are in place and this proposal meets all of the City's requirements. The Council has a certain responsibility to perform and the site is available for development. Mr. Carter stated that their property was purchased in October, 1991 and they have been meeting with City Staff, City Council, the Hospital, the College, and members of the community consistently throughout this 8 or 9 years. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 18 Council Member Brown stated that while he agrees there is a traffic problem, he feels it was unfair after this period of time to deny this. Elaine Renick stated that at the Planning and Zoning meeting she voted against this because of her reservations about the amount of grading. However, after listening to the discussion, she has come to the conclusion that this is one of the few projects that has actually planned for the traffic on Highway 50 and if they are in fact going to put a grocery store in the shopping center, a lot of the traffic on Highway 50 generating from all those new homes, will shop in this new shopping mall and not come to the intersection of Highway 27 and Highway 50, or come through town at all. Charles Forth stated that he would request the wording be consistent with this Council's intent on square footage and separations for tenant space. He further stated he voted for the project as he recognized that the entries into the property did have deceleration lane sufficient to allow stacking on Highway 50 as well as two right tums off of the property that could not cross Highway 50 and a fully signaled light onto Hancock road. The other entrance into the property came opposite the frontage road which clearly moved traffic off of the site better than any of the sites looked at on any of the reviews that have come before the Planning and Zoning Commission. His concerns were the grating and requested the developer to pay close attention to preserving the hills. A motion was made b.v Council Member Biddle and seconded by Council Member Brown, and carried by roll call vote, to approve Resolution 1067. as amended by Sta~f~f. Council Members Brown, Biddle and Mayor Turville approved. Council Members Wolfe and Lamb opposed. Ordinance 293-C-Impact Fees Mayor Turville did a final reading of the Ordinance by title only. City Manager Saunders stated this Ordinance will amend the City's impact fees the City charges for new development within the City. The impact fees are being amended as recommended by the report compiled by Hartman & Associates. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 19 Contractor Herb Smith stated he will not be able to build affordable housing in Clermont with these proposed fees. He compared the County's impact fees with the City's proposed fees. He also stated he felt the impact fees were calculated wrong and that more expensive home should pay more than less expensive homes. Rick Webber stated he was concerned that affordable housing will not be available in Clermont and this large of a jump in impact fees will create a problem for first time home buyers. Mayor Turville stated that the impact fees were first adopted in 1985, and last year the Council decided to hire Haman & Associates to do the research involving what impact fees will cover and what it costs to furnish and replace services, such as parks and recreation, fire, police, water and sewer. He stated that as the City grows this will cover the costs of each additional new home and those costs will not just be passed along to existing taxpayers. Mayor Turville stated that the fees were not current and in order to sustain our level of service while we grow, we must keep our impact fees current. City Clerk Van Zile stated that Harman and Associates surveyed Winter Garden, Ocoee, Tavares, Eustis, Mt. Dora, Orlando, Leesburg, Umatilla and Apopka and we are right in the ballpark with those other Cities. Council Member Wolfe stated that this impact fee go toward building infrastructure and is to replace the amount that was used by the person who moved in. None of it goes towards paying any payroll or people costs at all which comes out of tax money. He also stated that the court cases and the Statutes state how the fees may be charged and what has held the test of the Courts has been the process that we use. Council Member Lamb stated she did not have a real good comfort level on the percentages. She felt this got by some people and was upset that no one had any knowledge of this raising of taxes and she wanted everyone to have an opportunity to come and have their say. Because of this concern, Council Member Lamb stated she was not going to support this at this time. Ms. Lamb stated she felt the Council slipped something by the builders in Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 20 City Manager Saunders stated that this process began a year ago, and there had been workshops and advertising for this meeting. Council Member Wolfe suggested that rather than the new fees taking effect September 1st that the Council have a workshop and delay the vote. Council Member Wolfe stated further that this increase in impact fees is definitely needed, we are going to have to have it, the delay is not going to effect the outcome other than phasing it in differently, but this is what it costs to provide the services. Mr. Wolfe stated that the impact fees need to go up and maybe we can negotiate the date that it should happen, but the builders must be given a reasonable length of time to prepare. Elaine Renick stated that we know the impact fees must go up and we should not delay the inevitable. Mayor Turville stated we advertised this, just as we advertised every other item on this agenda. City Manager Saunders stated that this was on this agenda, as well as the agenda two weeks ago and went to all of the newspapers. It was also advertised as an Ordinance as required. He stated that this had been going on for almost a year; the report was completed last September. It was on the agenda for the retreat that the Council held in January and at least two major builders at that meeting. City Manager Saunders stated this has been public knowledge for almost a year. Mr. Saunders stated that maybe we should allow a 6 month rather than 3 month effective date, so those who are in the process of building a home will have time to do that. Council Member Wolfe stated that we don't have the problems that some of our sister cities have had with water systems, builders not being able to build because there is not enough water or there is no sewer capacity, ad valorem taxes in a lot of those towns are two or three times as much as we have, because this city, "and I've only been on the council for less than two years", has certainly done its work by making good plans and having a realistic impact fee and consequently when you get ready to build those apartments, you're not going to have to worry about, whether there is going to be water there or whether you will be able to get a permit because there are to many septic tanks CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 21 because the City has made sure that all of that is taken care of and I think this City does a very good job for its building community. A motion was made by Council Member Biddle: seconded by Council Member Wolfe, and carried by roll call vote: to approve Ordinance 293-C. with the change that the effective date will be December 1: 1999. Council Members Biddle, Brown: Wolfe and Mayor Turville approved. Council Member Lamb opposed. NEW BUSINESS Fire Station-Schematic plans City Manager Saunders stated that at the workshop held May 24, 1999, the Council reviewed the schematic design that has been produced by SRI for a new fire station to be built on Highway 50, along with the budget estimate for construction of the proposed facility. The Staff and Fire Chief Bishop feel that this is the minimum building we should be building for the future of Clermont, since this is our main station which will house our records, plan review and equipment. Council Member Wolfe verified that the City will negotiate with SRI, a flat fee for the architectural engineering services and City Manager Saunders requested Council approve the schematic design, but before he gives the go-ahead to do anything, the newly negotiated fee for the additional size of the building will be brought back before the Council. A motion was made by Council Member Wolfe: seconded by Council Member Biddle and unanimously carried_, to approve the schematic design and that Ciw. Manager Saunders will enter into renegotiations with SRI for a revised cost. Pay Grade Schedule CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 25, 1999 Page 22 City Manager Saunders stated that the Council previously approved funding full time fire fighters and we are asking Council to amend the City's classification pay grade schedule to include the Fire Fighter as a grade 14 and the Fire Fighter Lieutenant as a grade 19. This is in compliance with the budgets the City has established for full time Fire Fighters and consistent with pay grades for Police Officers and Police Lieutenants. A motion was made by Council Member Wolfe, seconded by Council Member Brown and unanimously carried, to approve the Pay Grade Schedule. Citizens' Comments Don Ballard stated that he is glad to see the City get permanent fire protection help and would like to see the Department get a motor for their boat. There being no further business or discussion, the meeting adjourned at 11:40 p.m. F~arold S. Turville, Jr?Mayor Attest: sephE~lerk