Loading...
11-13-2001 Regular Meetingk CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 13,2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, Finance Director Van Zile, City Engineer Richardson 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 Council Member Renick stated that Mr. Stroble, as referred to on page 8 of the minutes of the October 23, 2001 Council meeting, should be Bob rather than Rob. A motion was made by Council Member Mull#ss, seconded by Council Member MacLauchlin, and carried unanimousl_¥ to approve the ~ninutes o_f the Regular Council Meeting hem October 23, 2001, as amended, the minutes of the September 6 and 20, 2001 Budget Hearings, the ~ninutes o_f the July 31, August 2 and 8 and September 19 and 27, 2001 Workshop meetings and the minutes o_f the October 1, 2001 Special Council Meeting. REPORTS City Manager Saunders' Report City Manager Saunders commended Joe Janusiak for all his hard work and effort on behalf of the City and particularly for his efforts in making the City picnic this past November 3, 2001 a success by lobbying local businesses to donate door prizes that were given out to City employees. City Manager Saunders then scheduled a workshop meeting with the Council to discuss the Finance Team for the new City Hall project, among other items. It was the consensus of the City Council to hold a workshop meeting on November 19, 2001 at 6:00 p.m. at the Police Department. Council Member Mullins' Report Council Member Mullins stated that this year's Pig on the Pond event was a huge success with attendance from all over central Florida. Council Member Renick's Report Council Member Renick stated that the St. Johns River Water Management District had originally intended to consider a Consumptive Use Permit for the Cherry Lake project, a 170-acre golf course community, today. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 2 She stated that this item was postponed and that the St. Johns River Water Management District has requested input from the City of Clermont. She stated that this could be discussed further at the upcoming workshop meeting. Mayor Turville's Report Mayor Turville read a statement provided by Carol Harrison, liaison to the Beautification Committee, providing information regarding the efforts of the Beautification Committee on Veterans' Day by planting shrubs that will bloom red, white and blue at the Veterans' Park located on Crystal Lake. Mayor Turville then discussed with the City Council and Staff the small real estate signs placed illegally on rights of way by developers. He stated that there were approximately 26 of those signs at the intersection of Grand Highway and U.S. 27 over the weekend as well as the same type of signs advertising restaurants. He stated that the City must deal with this and suggested that the City should collect some of these signs and have Code Enforcement require whomever advertised on the signs appear at their hearing in an attempt to convey the seriousness of the issue and dissuade them from placing these signs on City rights of way. PROCLAMATIONS Mayor Turville proclaimed November 17, 2001 as Clermont Neighborhood Center Day and read the Proclamation. Mayor Turville then read the Veteran's Day Proclamation and stated that the 2nd Annual Veterans of Korean Wars Ceremony was held this past Sunday at the Citrus Tower and that Mayor Pro Tem Mullins had attended and read the City's Proclamation at the event. NO OTI-IER REPORTS UNFINISHED BUSINESS Ordinance No. 311-C - Final Reading Mayor Turville read the ordinance by title only and stated that this had been tabled at the previous City Council meeting in order to allow the public more time to speak to the issue because numerous changes had resulted from discussion at a Council workshop meeting Mayor Turville opened the public hearing at this time. No one spoke. A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 311-C. Ordinance No. 315-C - Final Reading Mayor Turville read the ordinance by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 3 Finance Director Van Zile described the changes being made to the Defined Contribution Retirement Plan with the adoption of this ordinance. He further stated the changes are an improvement to the Investment Plan. A motion was made bp Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to adopt Ordinance No. 315-C. ACCEPTANCE OF ELECTION RETURNS & DECLARATION OF RESULTS FOR COUNCIL MEMBER - GROUPS H & IV: City Manager Saunders read the results of the election of November 6, 2001 as provided by the Lake County Supervisor of Elections. City Manager Saunders also stated that Council Member Mullins was unopposed for Group IV. Group IV: Keith Mullins Unopposed Group II: Frank Caputo 1,633 votes Group II: Angie Langley 759 votes A motion was ~nade by Council Me~nber Renick, seconded bY Council Metnber Mullins, and carried unanimously to accept the election results. RECOGNITION OF OUTGOING COUNCIL MEMBER MACLAUCHLIN Mayor Turville recognized Marilyn MacLauchlin as an outgoing Council Member and asked Mr. Jerry Turner, member of the Board of Cooper Memorial Library, to speak. Mr. Turner stated he has been on the Board for three years and commended Ms. MacLauchlin for her diligence and determination as the City's Liaison to the Board. He stated that she had worked on every fundraiser and that her advice and counsel had been wonderful. He then thanked her for the years of work and stated that she will be greatly missed by the Library Board. Mayor Turville then presented a plaque to Marilyn MacLauchlin in appreciation of her service as Council Member for the City of Clermont from 1999 through 2001. Ms. MacLauchlin spoke regarding her experience as a Council Member and regarding the growth and changes Clermont has experienced in the time she has served. She then thanked everyone for their support and understanding. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY ELECTED COUNCIL MEMBERS GROUP H & GROUP IV: City Clerk Van Zile administered the Oath of Office to Council Members Caputo for Group II and Council Member Mullins for Group IV. Mr. Van Zilc departed thc meeting at approximately 8:10 p.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 4 Mayor Turville adjoumed for a 10 minute break. Mayor Turville called the meeting back to order at 8:20 p.m. 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 - Antique & Appraisal Faire Request to hold Appraisal Faire & Antique Sale on the 8th Street Waterfront grass area & Downtown on Saturday, Feb. 9, 2002, from 9:00 a.m. to 4:00 p.m. Item 2 - Annual Valentine Wedding Renewal Ceremony Request to hold 2nd Annual Valentine Wedding Renewal event on February 14, 2002, from 4:00 to 7:00 at the 8a' Street Waterfront area Item 3 - Wetland Assessment Proposal Haman & Associates Approval of Proposal for Wetland Assessment for Consumptive Use Permit renewal Item 4 - Light Up Clermont Event Schedule Approval of schedule of events for Light Up Clermont to be held December 7 & 8, 2001 Item 5 - Open Air Sales & Tent Permit Request for Open Air Sales & Tent Permit for the sale of Christmas Trees on the out parcel next to Sonny's restaurant from 11-19-01 to 12-23-01 Item 6 - Release of Murphy Act State Road Reservations - Senturk Marketing Request for Release of Murphy Act State Road Reservations for property located at the southeast comer of State Road 50 and West Avenue Item 7 - Banking Services Proposal Approval of Proposal for Banking Services Mayor Turville stated he would like Item #6 pulled from the agenda to be addressed separately. Council Member Renick stated she would like to pull Item #3 from the agenda to be addressed separately. ,4 motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to approve Items One, Two, Four, Five and Seven of the Consent Agenda. Mayor Turville stated the items pulled from the Consent Agenda would be discussed at this time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 5 Item #3 - Wetlands Assessment - Hartman & Associates City Manager Saunders stated this Wetlands Assessment is necessary to meet the requirements of the St. Johns River Water Management District as part of the Consumptive Use Permit renewal process. He stated that the assessment looks for potential impact on surrounding wetlands. He further stated that the accompanying letter from the St. Johns River Water Management District states that this scope will meet their requirements. Council Member Renick asked if, since the letter City Manager Saunders referred to states that the scope appears to meet requirements, there is any other assurance that this will meet the St. Johns River Water Management District's requirements. City Engineer Richardson stated that she had been in contact with the biologist at St. Johns River Water Management District who has been in charge of directing how the scope should be written, and that he had assured her that this does meet requirements. City Manager Saunders then stated that the contract amount of $41,500 is a not to exceed fee. motion was made by Council Member Caputo, seconded by Council Member Renick, and carried unanimously to approve Ite~n #3 of the Consent ,4genda. Item #6 - Release of Murphy Act State Road Reservations - Senturk Marketing City Attorney Guthrie gave a history of the Murphy Act. Discussion followed regarding the Murphy Act and the process by which the request is made. motion was made by Council Monber Mullins, seconded by Council Member Caputo, and carried unan#nously to approve Ite~n #6 of the Consent `4genda. VISITORS WITH BUSINESS Request for Water & Sewer - Scott L. Sumner - Clermont Auto Sales Planning Director Brown stated the applicant is requesting water and sewer services to a proposed auto dealership located east of the City limits on the north side of S.R. 50 and east of Greater Hills. Mr. Brown stated that, if services are provided, an agreement should be made for dedication of right of way for the Rails to Trails project. Cecilia Bonifay, legal representative for the applicant, spoke regarding the request and the proposed development. She stated that there are water and sewer lines available, as the property owner had granted the City a utilities easement earlier with the understanding that the provision of those services would be granted in the future. She then stated that the 11 acres would encompass two separate car dealerships and that the water usage for them is low compared to other commercial uses. She stated that she had provided comparative water usage information based on other car dealerships to Planning Director Brown earlier today. She also spoke regarding traffic and access to the site and regarding dedication of right of way for the Rails to Trails project. She stated that the County will hear their request for this project on November 27, 2001. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 6 Mayor Turville opened the public hearing at this time. 'Scott Sumner, P.O. Box 608, Ocala, FL, the applicant and general contractor for the project, spoke regarding the request, the conceptual site plan and the promise of dedication of property for the Rails to Trails project, which will be approximately 1 acre. Mayor Turville discussed the proposed number of parking spaces and water usage with Mr. Sumner. Council Member Mullins stated that the complete road frontage of the site is unappealing as it would present approximately ¼ mile of cars coming into town from the east on S.R. 50. Mr. Sumner stated he would prefer to have less road frontage but that was not possible with this location. Council Member Renick spoke regarding Planning Director Brown's statement in his Staff memo relating that the County is planning to recommend denial of the zoning request. She then stated that she does not want the City's decision to provide services, if that occurs, to influence the County's decision. Mr. Sumner then spoke regarding the history of the project and the process of requesting water and sewer services from the City. He further stated that, had he known that this request must go before the City Council, he would have begun the process earlier. City Engineer Richardson stated that it is standard procedure for any request for water and sewer services outside the City limits to go to the City Council for approval. Ms. Bonifay stated that the utilities easements granted to the City by the property owner were given in good faith that when development took place on those properties utilities would be provided by the City. She then stated that the City had not conveyed to her that there is not capacity to supply approximately 30,000 gallons of water to this site. She advised that her understanding of the County's position on their request is that, if the project meets certain conditions as set forth by the County, the County Planning & Zoning Commission would give a unanimous recommendation of approval. She further stated that Ms. Farrell of Lake County Planning & Zoning had not given a fn'm recommendation at this time. Council Member Caputo stated that the City cannot afford to provide services to the site at this time due to its Consumptive Use Permit issue. Ms. Bonifay stated that if the City's position is that it has no capacity to provide water to this project, then well and septic are an option through the County. Mayor Turville asked Ms. Bonifay if this particular property gave up fight of way for utility lines. Ms. Bonifay stated it did, along with other properties. City Manager Saunders stated there are utility lines running through easements granted on the north and south sides of the road by the property owners because the City had not wanted to run those lines in the D.O.T. fights of way, as D.O.T. was planning expansion of the road and the City wanted to avoid the cost of relocating those utility lines in the future. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 7 Council Member Caputo asked City Attorney Guthrie if the dedication of the utilities easement as it relates to this property obligates the City to provide services. City Attorney Guthrie stated that, to his knowledge, there is no formal agreement, but that the easement was granted and the property does lie in the City's service area. Duke Woodson, representative of Maury L. Carter & Associates, the property owner, spoke regarding the provision of water and sewer services. He stated that the City had approached the property owner with the proposal of dedication of easement for extension of water and sewer lines with the understanding that those services would be provided to all those properties at the time of development. Mr. Woodson stated that there had not been a written agreement because they had trusted the word of representatives of the City that this would come to pass. Council Member Renick asked Mr. Woodson to clarify who in the City had given the assurances he spoke of. Mr. Woodson stated it was the City Council. City Manager Saunders stated that at the time the utility lines in question were run the City was well into its Consumptive Use Permit renewal process and thought that the City would be willing and able to provide utility services to everyone that granted easements for the project. He stated that this area had been included in the requested capacity allocation for the permit. He stated that the intent and understanding of the City Council, City Staffand the property owners at that time was to extend and oversize the lines in order to serve all the properties in the area. The City had expended a considerable amount of money on the project and servicing those properties in the future would help to regain that cost through the years. He stated that the water and sewer lines used were sized to handle all of the properties north and south of S.R. 50 all the way to the Orange County line. Mayor Turville stated that the concern is the status of the City's Consumptive Use Permit and that fact that there are still 5500 unbuilt homes to factor into water usage as well. Council Member Caputo stated that the former City Council was not in the same situation regarding water as this one. Frances Hartle, 13642 Hartle Road, stated that she is a neighbor of the property owner for the request and that she also granted an easement to the City for sewer lines across her property. She asked if she would also have to come before the City Council to request water and sewer services if she had a potential buyer for her property, even though the City had promised service when the easement was dedicated. Mayor Turville stated that if the property does not lie in the City limits she most likely would have to make the request and that the possibility of the City Council hearing this request in the future prevents discussion of the issue beforehand. Don Ballard, 3526 Westerham Drive, stated that a property owner would not convey a right of way without the assumption of provision of services. He stated that the City should provide the services. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 8 Sean Parks, 11028 Evan Court, asked if the estimation of 30,000 gallons of water usage per month included landscape irrigation. Mr. Sumner stated it does include drip irrigation. He further stated that if the City made a promise to provide water then it should honor it. Mayor Turville stated that this project does not meet the location criteria of the County right now. Ms. Bonifay stated that she believed that to be Planning Director Brown's interpretation but that the project does meet the County's criteria. Planning Director Brown stated that County staff had conveyed the information to him. Mayor Turville stated that the County's location criterion requires that the project must have a major arterial and an additional roadway adjacent to the site. Ms. Bonifay stated that, based upon past interpretations of that policy by the Lake County Board of County Commissioners, her opinion is that the requirement is not being enforced. Mayor Turville closed the public hearing at this time. Council Member Mullins stated that even though the site plan is less than desirable the City should honor its commitment. Council Member Caputo stated that the concern is to ensure that water is available to the homes coming into the City first and foremost. City Manager Saunders stated that there was a commitment made by City Staff and Council to serve those properties whose owners conveyed easements for utilities, and that the City would have been unable to obtain those easements .unless it had been clearly understood that water and sewer services would be available to them up to the capacities anticipated. He stated that the cited 30,000 gallons of water usage is probably 1/10 of what was envisioned for that area. Mr. Saunders then stated that the situation today is different than it was then but that he finds it difficult to separate serving this site due to its location just outside the City limits because the City had made the decision to serve a geographical area and easements were conveyed with that understanding. Council Member Renick stated that the City Council at that time assumed that water would be plentiful in making their decision. City Manager Saunders stated that was tree and that the City had asstimed that the Consumptive Use Permit would be in place, but that 30,000 gallons of water usage for this 10 acres is a very low consumption amount and that the project will use as much water if they install a well. Mayor Turville asked City Manager Saunders for his comments regarding land use for this area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 9 City Manager Saunders stated that the City had always envisioned this area as part of its Joint Planning Area (JPA) and that the County should not consider variances, rezoning or comprehensive plan changes in the JPA areas because the Agreement is very close to becoming a reality. He stated that the City has taken this position in the past and would be justified in taking this stance with the County regarding this request. ,,1 motion was made bp Council Metnber Caputo, seconded by Council Member Renick, and carried by a vote o_f 3 to 1 to deny the request_for services, with Council Member Mullins being the opposing vote. Maury L. Carter Grading Plan Planning Director Brown stated that this project is approximately 15 acres located at S.R. 50 and Citrus Tower Boulevard and that the City's code states that City Council approval is necessary if more than 15 feet of cut or fill is proposed. City Manager Saunders stated that lot seven would require 42 feet of fill and that lot six would require 37 feet of fill. Duke Woodson, legal representative for the applicant, Chester Fosgate Co., stated that the applicant would defer to Staffs recommendation of approval of the grading plan for lots one through five and denial of the grading plan for lots six and seven. Council Member Renick stated that the size of lot five may allow for strip retail and that the applicant should agree to either a single user or a limit on the fill allowed on that lot to prevent this. City Manager Saunders stated that the site is zoned commercial and that the applicant platted this with the intent for several separate users. He further stated that there is only one small area in the back of lot five that would require more than 15 feet of fill. Council Member Caputo asked the amount of fill required for lot five. City Manager Saunders stated that the back comer would require up to 25 feet of fill. Council Member Mullins asked if lots six and seven would remain the same elevation as a result of lots one through five being altered. City Manager Saunders stated that some grading would occur in order to transition to lot five. A motion was made bY Council Metnber Mullins, seconded bP Council Member Renick, and carried bP a vote Of 3 to 1 to approve the grading plan_for lots one through five onl_¥, with no approval given for the grading plan for lots six and seven, with Council Member Caputo being the opposing vote. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 10 NEW BUSINESS Ordinance No. 317-C - Introduction Mayor Turville read the ordinance by title only. Council Member Caputo requested that Planning Director Brown add the drought tolerance index for the trees to the ordinance prior to the final hearing. A motion was made bp Council Metnber Caputo, seconded bp Council Member Mullins, and carried unani~nousl¥ to introduce Ordinance No. 317-C. Mosquito Control City Manager Saunders stated that the purchase of equipment necessary for the City to be able to provide its own spraying would be approximately $7,500 and the cost to do the actual spraying would be approximately $6 per mile. He further stated that there are regulations regarding the frequency of spraying as well as putting a monitoring system in place to determine the adult mosquito count. City Manager Saunders stated he had discussed the possibility of Lake County providing additional spraying to the City for a fee and requested tabling this item to the next City Council meeting to provide time for the County to forward a proposal for those services. Discussion followed regarding the issue. Council Member Caputo requested that this item be discussed further at the upcoming workshop and expressed an interest in the City acquiring its own equipment in the future. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unani~nously to table this item to the next Ci~ Coundil meeting. Mayor Turville asked if anyone wished to speak on any other issues. Don Ballard, 3526 Westheram Drive, stated that the City Council should have honored the City's promise to provide services earlier this evening and stated that the City needs a fifth Council Member as soon as possible. Council Member Renick stated she would be happy to meet with Mr. Ballard and explain the City's current water situation. Bob Beasley, 1345 12th Street, President of Veterans of Korean Wars, thanked Council Member Mullins for his attendance and the reading of the proclamation at their recent ceremony and thanked the City Staff for their help. He further stated that Bonnie Ray at Cooper Memorial Library is compiling material for a book on local Korean War Veterans and asked that anyone with information regarding this please contact him or Ms. Ray. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 13, 2001 Page 11 Joe Janusiak, 1000 Disston Avenue, stated the City should attempt to control the skateboarders downtown and stated that a skateboarder recently broke a window at Jenkins Auditorium. Bill Siegenthaler, 1005 W. Montrose St., a local sign maker, discussed the issue of directional signs with the City Council. There being no further business, the meeting was adjourned at 10:00 p.m. ~ H~ Turville, Mayo~ Attest: