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04-13-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 13, 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, Principal Planner Brown, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES 99-081 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimous!¥ to approve the minutes of the regular Council Meeting hem March 23, 1999. CITY MANAGER SAUNDERS' REPORT Department of Community Affairs Grant City Manager Saunders reported that the Dept. Of Community Affairs awarded a grant in the amount of $7,225 ($803 matching) to enhance the computer system in the Police Department with additional stations. He requested approval of the grant and also approval of continuing with the previously approved vendor. 99-082 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimously to accept the Department of Communi~_ Affairs $7, 225 grant ($803 matching)_for enhanced computer equipment at the Police Department and approval qf the previously approved vendor. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 2 Workshop Council Members agreed to hold a workshop on Tuesday, April 20 at 7:00 p.m. at the Police Department to review several items. CRA Meeting A Community Redevelopment Agency (CRA) meeting will be held prior to the next Council Meeting on April 27 at 6:30 p.m. COUNCIL MEMBER BIDDLE'S REPORT Council Member Biddle thanked the City for support of the Springfest, Business Expo and Library book sale held April 10. He invited anyone interested on a bus tour of several city downtown areas on Saturday, April 17. MAYOR TURVILLE'S REPORT Mayor Turville reported a good community mm-out for the ribbon-cutting ceremony for the Rail to Trails held last Saturday, April 10. VISITORS WITH BUSINESS Lake County - 2020 Long-Range Transportation Plan Jim Stivender, Senior Director of Lake County Public Works stated a citizens committee chaired by Susy Gibson has been meeting for 9 months to review the 2020 Long-Range Transportation Plan. He stated that the study reviews the transportation in the County and how it reacts with other counties. They are in the process of incorporating the information obtained in the study to update the Comprehensive Plan for Lake County. He also reviewed the impending improvements to Highway 27 and S.R. 50. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 3 SMI - Variance Request Mayor Turville explained that the request requires that 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 applicant is requesting a variance to the setback requirement for a proposed canopy adjacent to the Carroll Street right-of-way. He stated that the Code requires a minimum of 25' setback and the applicant is requesting a 15' variance in order to allow a setback of 10' from the right-of-way in order to allow a canopy. City Clerk Van Zile swore in the following: Chuck Moore Kevin Dickson John Rocker Howard Barry 10650 Point Overlook Drive, Clermont 320 Highway 41, Inverness 320 E. Lake Shore Drive, Clermont 439 Carroll Street, Clermont Kevin Dickson stated he is an attorney and represents SMI. He explained the property is zoned M-1 Industrial. They propose to construct a canopy over an existing slab to protect employees from the sun and weather. He stated the encroachment will only be one pole and a small piece of the roof. They will also remove a deteriorated 12' x 20' building that is located on the property. Howard Barry stated that he was opposed to the request. He stated that anything that will increase the use of the property would be objectionable because the area is appalling. John Rocker stated that he is a co-owner of three mini-warehouses on property located adjacent to SMI with SMI located to the south and east of his property. He stated that for many years there has been a problem with cars parked on both sides of the street in this area. Concrete trucks and fork lifts regularly use the street which creates a terrible dust problem. They also pile sand against a block wall at his property line which comes onto his property. He stated the operation has outgrown the location and the proposed encroachment will increase the likelihood of more accidents. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 4 Mayor Turville stated that Rose Hollenback, a nearby property owner, also wrote a letter in opposition of the request. City Manager Saunders stated that on several occasions the City Council has granted a setback variance where there is an existing structure that currently encroaches into the right-of-way as long as the proposed addition does not encroach any further. He stated that the existing structure encroaches approximately 10' into the required setback. Staff recommends approval ora 10' variance rather than 15' which would be consistent with other variance approvals which would not increase the encroachment of the existing structure. Mayor Turville closed the public hearing. Council Member Wolfe stated he no longer owns any interest in SMI, however there were no setback requirements until 1982. He felt the removal of the 12' x 20' building would eliminate an eyesore. Council Member Lamb stated the concrete slab is already being used and that Code Enforcement should help with the dust and parking problems. Mayor Turville stated they should not be allowed to expand the utility of the site if they aren't currently being a good neighbor. 99-083 A motion was made bP Council Member Wolfe, seconded bp Council Member Biddle and passed three to two with Council Member Biddle and Mayor Turville voting na}, to approve the 15' setback variance request on Carroll Street with a request to remove the 12'x 20' building. UNFINISHED BUSINESS Final Reading of Ordinance 375-M Mayor Turville suggested, and received a consensus of the Council, that Ordinances 375- M, 379-M and the three plat approvals be placed before the final reading of Ordinance 292-C. Mayor Turville read Ordinance 375-M by title only. City Manager Saunders stated that the Ordinance will close and abandon an un-named 15' right-of-way running north from North Ridge Boulevard through Tracts 4 and 13 along the western boundary CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 5 of the proposed Skyview Subdivision. He stated that the original plan was to construct a · roadway along the western line of this subdivision, however, revised plans have eliminated the need for the road. The existing easement is 30' wide and the applicants have agreed to dedicate an additional 15' west of the remaining 15' along with the platting of the new subdivision so that the City will be able to maintain a total of 30' for future utilities. He recommended approval. 99-085 A motion was made bY Council Member Biddle, seconded bP Council Member Brown, and carried unanimous!¥ bY roll call vote to adopt Ordinance 3 75-M to close a 15' wide un-named right-of-way running north from North Ridge Boulevard through Tracts 4 and 13 subject to dedication of an additional 15' easement. Final Reading of Ordinance 379-M Mayor Turville read Ordinance 379-M by title only. City Manager Saunders stated that the Ordinance will close a portion of Drew Street south of Broome Street that lies north of Highland Avenue between a new office being constructed by Dr. Saxena and the existing Merrill Insurance Office. He stated that the fight-of-way north of this section has previously been closed and the City would still maintain an easement for ingress, egress, and utilities. He recommended approval. 99-086 A motion was made bp Council Member Wolfe, seconded bY Council Member Lamb, and carried unanimously b¥ roll call vote to adopt Ordinance 379-M to close a portion of Drew Street south of Broome Street that lies north of Highland Avenue. NEW BUSINESS Plat Approvals City Manager Saunders stated that the following plats have been reviewed and are recommended for final approval and recording Smnmit Greens, Phase I, Skyview, and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 6 Marina Cove. He further stated that Skyview is subject to the dedication of an additional 15' easement as described in Ordinance 375-M discussion. 99-087 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimous!¥ to approve the final plats of Summit Greens, Phase 1, Skvview, and Marina Cove with Skgview recording subject to the dedication of the 15' easement. Final Reading of Ordinance 292-C Mayor Turville read Ordinance 292-C by title only. City Manager Saunders stated that the Ordinance will limit the size of a single establishment to a maximum of 100,000 square feet. It will also limit any wholesale facility that may be located in the manufacturing and light manufacturing zone to 100,000 square feet. Council Member Lamb pointed out that this will not limit industrial uses, but will limit wholesale businesses in the M-1 Industrial zone and stated that it will be a tool to manage growth. Council Member Wolfe suggested that "retail" be added. George Hovis stated he is an attorney representing Wal-Mart. He stated that the Ordinance was clearly "anti-Wal-Mart". He asked the Council to table the Ordinance to obtain a legal opinion. Elaine Renick reported that the Planning and Zoning Commission had reviewed the Ordinance and they recommended strongly to adopt the Ordinance. She stated that it was not an "anti Wal-Mart", but an anti large establishment because of the existing traffic problems in Clermont. Robert Stanford read a letter in opposition to the Ordinance by Don Youngerman. Ed Mondini also expressed opposition to the Ordinance stating that it appeared to be anti- Wal-Mart and trying to hold progress back. Jamey Falkner stated he agreed with Mr. Mondini and stated there is a Council Member who would benefit fi.om businesses not being able to locate here which he thought was unethical. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 7 Vernon Drawdy stated that the Council had allowed residential developments and naturally there is a need for large retail establishments like Wal-Mart and it is unfair to expect people to travel 20 or so miles. Steve Gibson stated he is very concerned with the quality of life in Clermont. He didn't think the 100,000 square feet limitation will exclude any specific business. Christie Clark asked what effect it would have on the Fire Department and other public services if stores larger than 100,000 square feet were allowed and if the additional taxes will pay for it. Cecil Schrader commended the Council for trying to maintain the quality of life and stated he supported the Ordinance. Nancy Fullerton of the Save Our Lakes Committee supported the ordinance and felt the quality of life would be reduced if larger stores were allowed. Lee Wager asked if the Ordinance could later be rescinded and also if it could be placed on a referendum. Bruce Redus of the Economic Development Commission stated that office buildings do not bring as much traffic congestion. He also suggested that if Wal-Mart were to locate in Clermont, that they be asked to help the Downtown which they have done in other cities. James Layton stated he moved to Clermont about a year ago and doesn't like the long drive for shopping or to see a movie. He asked why the Council just approved three plats if they won't allow businesses to support the residents. Susy Gibson stated she was concerned with the quality of life in Clermont. She stated that Mr. Stivender's previous report indicated that there is not enough money to improve the roads that will support the large businesses. A 12-minute video was shown in regard to what has happened to small towns where Wal-Mart has located. Jim Hanks stated he owns a store in Clermont and unlike mega-store owners, he and other small business owners in Clermont spend their money in the community. James Falkner asked that the citizens decide this question by referendum. Elizabeth Brooks stated they chose to live in Clermont because of the small town charm. Howard Barry stated the Ordinance is anti Wal-Mart and he opposed it because he believes in free enterprise. Mr. Barry stated that growth is not paid for by taxes and should be controlled by proper zoning. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 8 Paul Rosenthal, an attorney representing Maury Carter stated the Carters own 40 acres on S.R. 50 and Hancock Road which will be affected by the Ordinance. He questioned why a restriction of 100,000 square feet was made without regard to the size of the property or a restriction to how many 99,000 square foot buildings can be built. He also questioned why no traffic study is mentioned if traffic is a factor. He stated that growth could be addressed more logically with concurrency management. He asked that the Council table the Ordinance. He asked that if they do adopt the Ordinance that it be raised to 150,000 square feet or require a Conditional Use Permit from 100,000 to 150,000 square feet. He also suggested grand-fathering in any projects that are currently in review. Daryl Carter of Maury Carter & Associates and Chester Fosgate Company stated they own 40 acres on the northeast comer of S.R. 50 and Hancock road which includes a proposed building of 130,000 square feet. He explained that this is a designated commercial node and stated the proposed project will require $735,000 to be paid in impact fees and $30,000-31,000 a year in taxes to Clermont. Maury Carter explained they have been good neighbors to the community, donating acreage and/or selling at less than market value to the college and the hospital and granting various easements. He stated that the Ordinance is not fair to them in regard to this project. Matt Modica stated he is a member of the Planning and Zoning Commission and there was no anti Wal-Mart discussion when the Ordinance was reviewed. Patrick Mulligan stated he is in favor of the Ordinance because any mega-store will change the small town atmosphere. Ed Mondini asked why Jaymark was allowed to level the hills. Lee Wager asked ifa mall would be allowed if the Ordinance is adopted. Patrick Mulligan asked about the tax benefits. Mayor Turville asked City Manager Saunders to address the questions regarding demand in services and other questions asked. City Manager Saunders stated that any growth will increase the demand on services and the Council sets the rates that pays for the services. He explained that the Ordinance could be adopted and a repeal process could be started the next day. A variance may also be requested. City Attorney Baird stated he is comfortable with the legal aspects of the Ordinance. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 9 Mayor Turville explained that the City does not have control of S.R. 50 or Highway 27. He stated that approximately 6-7,000 more home have been approved within the city limits and a mega-store adds approximately 8-9,000 trips a day. Council Member Brown stated his primary concern is the health and safety of the residents and he thought the 100,000 square foot restriction is a good start. Council Member Biddle stated he is concerned with the traffic, however if a mega-store located outside the city limits, there is less ability to control problems. He stated he is in favor of using Conditional Use Permits, etc. to do the same thing. Council Member Wolfe stated his primary concern is also traffic and stated that a traffic study done of the S.R. 50/Highway 27 area has not been furnished to the City. 99-088 A motion was made by Council Member Lamb, seconded bP Council Member Wolfe, and carried four to one, with Council Member Biddle voting nay to adopt Ordinance 292-C restricting building size to 100, 000 square feet in C-I, C-2, CBD and M-1 Districts with the addition of "retail" before "establishment". A 10 minute recess was held. NEW BUSINESS City Attorney Mayor Turville explained that at the last Workshop meeting the City Council reviewed the statements of qualifications and proposals, that were presented by 13 law firms desiring to represent the City. He stated that the four firms that received the majority of support at the Workshop meeting were: -Fowler, Barice, Feeney & O'Quinn -Leslie Campione -Frank Kruppenbauher -Fishback, Dominick, Bennett, Stepter, Ardaman, Ahlers & Banks CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 10 Council Member Brown stated he didn't feel comfortable making a short-list with the information available and suggested that any firm with two or more votes be placed on the short-list. Council Members determined that two more names would be added, as follows: Leonard Baird and Russell Bergen. 99-089 ,4 motion was made bp Council Member Brown, seconded by Council Member Biddle and carried unanimously to include the six law firms listed above to a short-list for presentations. Council Members agreed to hear 30-minute presentations by the law firms on May 6 beginning at 6:00 p.m. at the Community Room in the Police Department. AUDIENCE COMMENTS Matt Modica urged the Council to pass legislation that prevents developers from destroying the hillsides such as recently happened at the Lost Lake Reserve. Nancy Fullerton of the Save Our Lakes Committee asked that a letter be sent regarding the Lake County Water Authority appointments. She also requested Resolution be sent to Tallahassee asking that the Water Authority continue as it has. She also asked that it be discussed at the next Workshop. Joyce Freeman stated that the Chevron gas station had a temporary food sales in their parking lot. City Manager Saunders stated that Code Enforcement was notified and they were stopped from selling that day. Robert Beasley stated he is a member of the Parks and Recreation advisory committee. He asked that the ball leagues be directed to go through Amy Lesner, the Recreation Coordinator first. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 13, 1999 Page 11 There being no further business or discussion, the meeting adjourned at 12:06 a.m. Harold S. Turville, Jr. Mayor Attest: d~6~eph E. Va~fle, City Clerk