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HomeMy WebLinkAbout11-27-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 27, 2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk Studdard. 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 Mullins, seconded by Council Member Caputo, and carried unanimously to approve the minutes o_f the Regular Council Meeting held November 13, 2001. REPORTS City Manager Saund6rs' Report City Manager Saunders announced that the Annual Light Up Clermont Event would begin at 6:30 p.m. on December 7, 2001 at the waterfront between Seventh and Eighth Streets, with the actual ceremony beginning at 7:15 p.m. He stated that the Christmas Parade would be held downtown on December 8, 2001 beginning at 1:00 p.m. City Manager Saunders then scheduled a workshop meeting with the City Council. It was the consensus of the City Council to hold a workshop meeting on December 4, 2001 at 6:00 p.m. at the Police Department. City Manager Saunders then asked for direction from the City Council in drafting a letter to the St. Johns River Water Management District voicing the City's concerns regarding their consideration of approving a Consumptive Use Permit for the Cherry Lake project, a 170-acre golf course community. The City Council stated that the letter should include concerns regarding the lower lake levels in the area, the proposed use of ground and surface water for this project, reuse requirements, the City's recently adopted Resolution 1202 and ensuring that this project should meet the same criteria as the City. A motion was made bY Council Member Caputo, seconded bY Council Member Renick, and carried unanimously to direct Ci_ty Manager Saunders to send a letter to St. Johns River Water Management District voicing the City Council's opposition to and concerns regarding this proposed prq/ect. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 2 Mayor Turville's Report Mayor Turvill¢ stated that he and City staff had recently met with Kirby Green of St. Johns River Water Management District to review the status of the City's Consumptive Use Permit process and gave a brief update of the situation. Council Member Caputo's Report Comicil Member Caputo stated that he had investigated the status of the installation of the traffic light at the intersection of Hartwood Marsh Road and U. S. 27 after receiving numerous complaints. He stated he had spoken with the County and had placed a call to Rob Ahrens of Lennar Homes with no response. He then requested that the City Manager place a call or send a letter to Mr. Ahrens of Lennar Homes or Tom Vincent of Halvorsen Development requesting this information. Council Member Mullins' Report Council Member Mullins stated that City Manager Wayne Saunders had been honored at the November 9, 2001 Chamber of Commerce Breakfast as the November 2001 Gem of the Hills. Council Member Renick's Report Council Member Renick stated that the St. Johns River Water Management District will be starting up their enforcement of water restrictions again. Council Member Renick then stated that Linda Bumett of St. Johns River Water Management District had sent a letter to Public Services Director Davis requesting a donation from the City and had received no response. City Manager Saunders stated that he would locate the letter and bring it to the City Council. NO OTHER REPORTS CONSENT AGENDA Mayor Turville read the items of the Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item 1 - Interlocal Agreement Approval of Agreement with Lake County regarding Parks & Recreation Capital Improvement Grant CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 3 Item 2 - Service Maintenance Agreement Approval of Renewal of Service Maintenance Agreement with Cummins Southeastern Power, Inc. for generators Item 3 - Final Plat Approval Approval of Final Plat for Minnehaha Oaks, located on the north side of Minnehaha Avenue between East Avenue and Bowman Street Item 4 - City Hall Financing Team Approval of Financing Team for new City Hall Project Bond Issue Council Member Caputo stated he would like to discuss Item 2. A motion was made by Council Member Caputo, seconded by Council Metnber Mullins, and carried unanimously to approve Items One, Three and Four of the Consent Agenda. Mayor Turville stated the item pulled from the Consent Agenda would be discussed at this time. Item #2 - Service Maintenance Agreement Council Member Caputo stated he would like City Manager Saunders to explain the 80% increase with the addition of 10 generators. City Manager Saunders stated that total number of generators had increased over the last year and that they are used as emergency generators for the lift stations, particularly the ones closely located to bodies of water. He stated that this year's increase almost doubles what the City previously had. motion was made by Council Member Caputo, seconded bY Council Member Mullins, and carried unanimously to approve Itetn #2 of the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 317-C - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that this ordinance will revise and update the City's current Preferred Tree List. He stated that Charles Paduna of Lake County Agriculture Extension had approved the new listing. Council Member Caputo commended Planning Director Brown and his Staff for their efforts on behalf of this project. Mayor Turville opened the public hearing at this time. No one spoke. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 4 A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 317-C. Mosquito Control City Manager Saunders gave the history of this subject and stated that the City had discovered that Lake County could have sprayed the City every night during the summer based upon mosquito counts. He stated that at the City's request Lake County had provided a proposal of $68.00 per hour for additional spraying in the City with the City providing a truck and equipment for the County to use in the Clermont area. He stated that after research he found it more economical for the City to handle it's own spraying at an initial start-up cost of approximately $10,0000 and a minimum annual cost of $15,000 to $20,000. He further stated that the City could operate under Lake County's certification until the City could certify employees. City Manager Saunders recommended approval of the City making this purchase to do its own spraying. Mayor Turville stated that the City would add more test sites within the City in order to monitor mosquito levels and spoke regarding the concern of overspraying. Council Member Caputo voiced his support of City Manager Saunders' recommendation. Council Member Mullins asked if a budget amendment would be necessary. City Manager Saunders stated a budget amendment from General Fund Reserves would be needed. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to direct Stqff to purchase equipment and begin its own mosquito spraying in the Ci~ and authorized a Budget Amendment_frown General Fund Reserves. VISITORS WITH BUSINESS Brandy Johnson's Gymnastics - Variance Request Planning Director Brown stated the applicant is requesting a variance to provide 37 parking spaces as opposed to the 83 required per Code for Recreational Facilities. He stated that the City's Code currently does not directly address parking requirements for gymnasiums. He stated the property is located on the South Lake Hospital campus adjacent to the National Training Center. Bill Sharpe, 200 Hatteras Avenue, co-owner of Brandy Johnson's Gymnastics, spoke regarding the request and future parking areas on the campus. There were no other public comments. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the variance request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page $ Don M. Cast# Organization - Resolution No. 1235 & Variance Requests Planning Director Brown stated that the applicant is proposing to construct a Home Depot store as the western tenant of the Clermont Town Center, located at the northwest comer of S.R. 50 and Citrus Tower Boulevard, and is requesting a Conditional Use Permit to allow an increase in the area of commercial space to be constructed on the site by 4,780 square feet, and variances to the City's Code requirements. Mr. Brown then distributed and reviewed revisions to be made to the Conditional Use Permit, as follows: Section 1 - General Conditions, Condition gl - Revise date of conceptual plan to reflect date of plan adopted at Council meeting. Section 2 - Land Use, Condition #5 - Replace the first sentence with In the event that the owner/operator of the phase II site ceases to conduct business for a continuous, consecutive period in excess of#ne year, without cause, and fails to reinstitute doing business on the phase II site after notice, the then owner of the phase I site shall have the continuing right or option to acquire the phase II site for the then book value of said property. In addition, any future leases for phase I or II shall not "go dark" as specified in the following language unless precluded by existing leases. Section 3 - Transportation, Condition 04 - Delete the second sentence and add the following: The permittee/developer shall make application within 90 days of site plan approval and make all reasonable efforts to obtain a permit from the Florida Department of Transportation, Lake County, Florida, and the City of Clermont for the installation of a traffic signal device at the intersection of Oakley Seaver Drive and S.R. 50. The permittee/developer will proceed to install the traffic signal within nine months of receiving all permits, licenses, easements, or other entitlements necessary to install the signal device. The permittee/developer shall turn the signal over to the appropriate agency once it is installed. The City will assist the permittee/developer in obtaining equitable reimbursement for the costs of the design, permitting, and construction of the signal from surrounding landowners. Section 3 - Transportation, Condition #6 - Ingress/egress to the site for construction shall be frem Er. at J-"-cl.:'g Lake P. gad as determined by staff. Section 3 - Transportation, Condition #8 - Delete East Jack's Lake Road. Section 3 - Transportation, Condition #9 - All employeesv,~,~' ... "" *.~._..,~ ....... v.~' 'h~,.v o..v~,},-.e~'~:~' center Home Depot shall be required to park in the designated employee parking area. Section 4 - Stormwater Management, Condition #6 - Delete Condition #6; it is identical to Condition g4. Section 6 - Landscaping, Condition #2 - In addition, a masonry wall and landscaping shall be provided along the rear of the Home Depot store. The wall shall run from the hydrant in the east (near the west end of the retaining wall) to the employee parking lot in the west. The outside perimeter of the wall shall be landscaped with live oak trees planted 40 feet on center with shrubs provided per code. Section 7 - Architectural Design Standards, Outdoor Storage - Add Condition #2 All pallets, boxes, and related items shall be stored in an enclosed area and screened from public view. Section 8 - Variances, Add Condition No. 8 - The requested signage variances are in lieu of the monument sign for the Cracker Barrel on Oakley Seaver Dr. and the freestanding/pylon signs for the shopping center on Oakley Seaver Dr. and Hunt Trace Blvd. Mayor Turville read the resolution by title only and opened the public hearing at this time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 6 Deputy City Clerk Studdard swore in the following: Brett Hutchins, 401 N. Cattleman Road, Sarasota, President of Casto Southeast, spoke regarding the request and provided copies of two different parking layouts (labeled Exhibit #1 & Exhibit #2) to the City Council. He stated that the Council could designate its preference of the two site plans for parking and incorporate it into the Conditional Use Permit. Mr. Hutchins then stated that since Home Depot will own the site versus leasing it, there already exists language in the contract regarding 'going dark' and requested that the language used in the Conditional Use Permit regarding this be made to conform to their needs. He further requested that the City Council consider options such as a landscape buffer instead of a masonry wall for screening in Section 6. Mr. Hutchins then stated that he understood that the variance request regarding signage would require another variance request for off-site signage, and that they would come back for that request. Doug Kirby, Greenburg, Farrow Architecture Engineering Development, 1755 The Exchange, Atlanta, Ga., stated that they would like to provide a landscape buffer rather than the 6 foot wall required. Elaine Tharpe, 2322 Twickingham Court spoke in favor of the project. Jim Purvis, 4206 Hammersmith Drive, voiced concern regarding the employee parking area and on site storage and stated that the 'Don't Go Dark' language should be stricter. Bill McKinley, 1196 Brentwood Drive, spoke regarding noise in the area. Gail Ash, 3912 Payton Court, spoke regarding signage, landscaping and aesthetics. Mr. Hutchens addressed the concerns raised by the public. Mr. Kirby spoke regarding the architectural design of the store. Ms. Tharpe stated the outside walkways should not be cluttered with merchandise. Planning Director Brown stated that the Conditional Use Permit limits the amount of display space in those areas. Discussion followed among the City Council and Staff members regarding outdoor storage and outdoor display as it applies to City Code. Curtis Reeves, 1210 Laurel Haven Court, spoke regarding the hours of delivery for the store and traffic the store will generate in the area. Mr. Kirby stated that deliveries occur at night and displayed the route for those trucks. He stated that the noise should be minimal as the closest residential area is 150 feet away and there will be a buffer provided. Charles Forth, 939 W. Desoto Street, spoke regarding employee parking, track storage, landscaping and outdoor storage. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 7 City Manager Saunders stated that there is an allowance in the Conditional Use Permit for outdoor storage. City Attorney Guthrie stated that adding the words, "or any other inventory" and deleting, 'etc." on page 10 under Outdoor Display, Item #1 would provide stronger controls. He stated that Code Enforcement would have the ability to cite violations regarding outside storage and employee parking, among others. Robert Beasley, 1345 12th Street, spoke in favor of the project to prevent long drives to other areas for residents who need this type of product. Mayor Turville closed the public hearing at this time. Discussion followed regarding the two exhibits for parking layout. Drew Smith, Don M. Casto Organization, 480 N. Orlando Ave., Suite 238, Winter Park, discussed with the City Council the parking spaces in the rear of the store being shifted due to the utilities equipment layout. Council Member Caputo voiced concem regarding the legality of the "Don't Go Dark" language of Section 2, #5 in the Conditional Use Permit. City Attorney Guthrie stated that the language included in the Conditional Use Permit is formatted to include the ownership of the property as opposed to leasing. He stated that language allowing purchase of the site by the owner of phase one if Home Depot moves or closes accomplishes all that can be done to prevent it fi.om going dark. Council Member Caputo discussed with the applicant the traffic analysis as it related to a.m. trip counts. Council Member Caputo then addressed the issued of identifying employee vehicles for parking purposes. The applicant stated that if parking becomes an issue the employer has the fight to have the vehicle towed or to have the employee rectify the situation. Variance Request #1 Planning Director Brown stated that the applicant is requesting a variance to allow a single retail establishment occupy 129,788 square feet as opposed to 100,000 square feet per code. Mayor Turville stated that, while the location is appropriate and he wants a Home Depot store in the City, most of the variances requested are necessary due to the size of the proposed store and that he felt 100,000 square feet would be adequate. He stated that if it requires eight variances to fit the store on the site the City may not be well served and that the project should conform to the standards set by the City. He then stated that the City had adopted an ordinance limiting retail space to 100,000 square feet and it should be considered. Council Member Mullins stated he supported the project at the requested size because that space is needed to store the type of products sold. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 8 He stated that the actual square footage for inside the store is approximately 94,000, with the garden center space at approximately 32,000 square feet. He further stated that a smaller center would require more frequent deliveries. Council Member Renick stated that the 100,000 square foot ordinance is a good mechanism to control size and allow the City Council to hear each request, and that she is in favor of this project. A motion was made bp Council Me~nber Caputo, seconded by Council Member Mullins, and carried by a vote of 3 to 1 to approve Variance Request #1, with MaYor Turville being the opposing vote. Variance Request #2 Planning Director Brown stated the applicant is requesting a variance to provide 13 continuous parking spaces without a landscape island where our Code allows for 10 continuous spaces without the required island, and to allow 645 parking spaces rather than the required 649. City Manager Saunders stated that if the City Council would prefer Exhibit #1 rather than Exhibit #2 as the parking layout, then another variance will be needed.for parking, which will come before the City Council at a later date. Further discussion followed regarding the total number of parking spaces that would be provided under Exhibit #1 and Exhibit #2 as well as how many spaces would be involved in the variance request. Council Member Mullins stated that, if the required trees for the landscape islands will be larger, Exhibit #2 would be appropriate and would help to tie in with the remainder of the shopping center. Council Member Caputo stated that approving Exhibit #2 would mean having eight less landscape islands in the parking area. Discussion followed relating to how the choice of the parking layout will affect Variance Request #3. Mayor Turville stated that Exhibit #2 may give the site a cramped effect and that the City had just recently adopted these new landscaping revisions and it may be inappropriate to abandon them now. City Manager Saunders stated that the applicant is willing to accept either layout for the parking area, the difference is whether a variance will be requested for 34 fewer parking spaces if Exhibit #1 is approved versus 14 if Exhibit #2 is approved. Mayor Turville stated that more trees would be better. Council Member Renick stated she does not wish to abandon the newly adopted regulations regarding trees. motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimousl_¥ to deny Variance Request #2. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 9 Variance Request #3 Planning Director Brown stated that the applicant is requesting: a) to erect two freestanding signs along S.R. 50 rather than the one allowed by Code, b) to allow a sign size of 200 square feet instead of 100 square feet as required by Code, c) to allow sign requested in 3(b) to be a freestanding rather than a monument sign as required by Code, and d), to allow a sign setback of 22 feet from Oakley Seaver Right of Way instead of the 50 feet required by Code. Council Member Mullins stated his understanding is that our Code allows for five signs: the current freestanding sign on S.R. 50, a monument sign in front of Cracker Barrel, a monument sign and a freestanding sign of up to 300 square feet on Oakley Seaver Drive and another freestanding sign on Hunt Trace Boulevard of the same size. He stated that his understanding of the applicant's request is to have two signs, with one of the signs being double the allowable size, using approximately 60% of the square footage allowable under the Code in the two places instead of all five. Planning Director Brown stated that the sign currently in place at the shopping center is 200 square feet and that the allowance of one more matching sign at the Cracker Barrel out parcel with no others on the site would be more appropriate than the five allowed. He further stated that the revisions to be made to the Conditional Use Permit restrict the use of any of the other signage as allowed. Discussion followed regarding the best use of the allowed signage for the site. Council Member Mullins asked why the one requested sign is not a monument sign. Planning Director Brown stated that Staff felt that the addition of another pylon sign to match the one already existing on the site would be better than several signs of various types. City Manager Saunders stated that the applicant is not requesting additional square footage for their signage but a different configuration with fewer signs. Mayor Turville stated that this would be contingent upon the City Council granting a variance for off-site signage at a later date and that the City Council should decide the appropriate signage for this project. Discussion followed regarding the appropriateness of monument signs versus freestanding signs for the site. Council Member Renick asked the Mayor to explain his concem regarding the signage. Mayor Turville stated that typically the City Council regulates where and how much signage is placed versus the applicant choosing where they would most prefer to have them. He stated that Council Member Caputo had proposed placing a monument sign on S.R. 50 for Cracker Barrel, a monument sign on Oakley Seaver Boulevard for Home Depot and a monument sign on Hunt Trace Boulevard, and that a condition could be added to the Conditional Use Permit stating where the signage would be allowed. Council Member Renick asked where in the Conditional Use Permit this condition should be added. Planning Director Brown stated it should be added under Section 6, as #8 on page 8. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 10 Discussion followed regarding Home Depot adding additional square footage to the existing pylon sign on S.R. 50 in order to include their advertisement along with the three monument signs as opposed to the two freestanding signs only. Council Member Renick stated that she did not want the current sign doubled in size. A motion was made by Council Member Mullins, seconded bY Council Member Caputo, and carried bY a vote of 3 to 1 to approve Variance Request #2, with Mayor Turville being the opposing vote. Resolution No. 1235 Council Member Renick stated that the language regarding "Don't Go Dark" is different because of the recapture provision added. Council Member Caputo asked if the wall along the back of the store will be high enough to hide equipment. Planning Director Brown stated it would be. Council Member Caputo asked if the requirement of one tree for every 40 feet along the back wall had been revised to 3 for every hundred feet. Planning Director Brown stated that he had addressed the issue in his requested revisions, however we will require the three per hundred feet per code. Council Member Renick stated a condition should be added limiting delivery hours. Discussion followed regarding the noise issue. Council Member Mullins stated a condition should be added giving the City Council authority to address the noise issue at a later date, if necessary. Planning Director Brown stated it could be added on page 8, Section 6, as Item//8. City Attorney Guthrie stated the condition should read, "If noise becomes an issue in the future the City Council reserves the right to address delivery issues or restrict the hours of delivery". Council Member Renick stated that the look of the project is designed to fit in with the existing store in the center. Mayor Turville stated this store would have been suitable without the variances. A motion was made by Council Member Mullins, seconded bP Council Member Caputo, and carried bY a vote of 3 to 1 to adopt Resolution No. 1235, as a~nended, with Mayor Turville being the opposing vote. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 11 Mayor Turville called a 10 minute break at 10:24 p.m. The meeting reconvened at 10:35 p.m. Charlene Forth Mrs. Forth addressed the City Council and stated that the City of Clermont has a dirty, corrupt City govemment. She also spoke regarding several Police Department issues. She spoke regarding the de-certification of Lieutenant Danny Cheatham by the Florida Department of Law Enforcement (F.D.L.E.), due to his lack of high school diploma or GED, and stated that Mr. Cheatham had not conducted himself appropriately while employed by the Clermont Police Department. She referenced the Police Chief' s job description, stating that the Chief should discuss problems or emergencies with the City Manager on a daily basis, and stated that due to this requirement City Manager Saunders had been aware of said misconduct. Ms. Forth then referenced an advertisement in a related publication for a Police Chief in the City of Clermont just before Police Chief Story was granted the position. She stated that the advertisement called for the requirement of a 4-year degree in a related field, or comparable experience or knowledge. She stated that Police Chief Story did not meet the minimum qualifications of the advertisement, as he did not hold a 4-year degree in Criminology or an associated field at the time of his advancement. Next Ms. Forth spoke regarding then Sergeant Story's handling of the hiring process involving Danny Cheatham. She stated that the item regarding his being a high school graduate or the equivalent was checked on the F.D.L.E. Affidavit of Compliance form. She then stated that then Sergeant Story had recommended the hiring of Dewey Mullan and questioned the statement on Mr. Mullan's military discharge documentation reflecting that the discharge was 'for the good of the service in lieu of a court marshal'. Ms. Forth's final issue was to question the amount of Chief Story's most recent merit increase. She then provided copies of documentation related to the issues she had spoken of to the City Council. NEW BUSINESS Ordinance No. 318-C - Introduction Mayor Turville read the ordinance by title only. A motion was made by Council Member Mullins, seconded bp Council Member Renick, and carried unanimously to introduce Ordinance No. 318-C. January 22, 2002 Council Meeting City Manager Saunders stated that the Special Election to fill the vacancy of Seat I will coincide with the Council meeting of this date. He stated that the polls will close at 7:00 p.m. and that he has been assured that the building will be vacated by 7:15 or 7:30 p.m. at the latest. He recommended that the meeting time be moved to 7:30 p.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2001 Page 12 A motion was made by Council Member Mullins, seconded bY Council Member Caputo, and carried unanimously to move the ~neeting time qf Janua~ 22, 2001 to 7.'30p. m. There being no further business, the meeting was adjourned at 11:37 p.m. Attest: ,/loseph E. Van Zile~ity Clerk