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07-24-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 24, 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 Biddle, MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, Finance Director Van Zile 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 requested revisions be made to her report in the minutes of the July 10, 2001 regular City Council meeting and provided a typed version of the report for use in making revisions. A motion was made by Council Member Mullins, seconded bp Council Member Biddle, and carried unanimously to approve the minutes of the Regular Council Meeting held Julp 10, 2001, as amended, and to approve the minutes o_f the Council Workshops held March 26, 2001, Map 7, 2001 and June 27, 2001, and to approve the minutes o_f the Special Council Meeting held Map 1, 2001 and the City Council Retreat held June 1, 2001. REPORTS City Manager Saunders' Report City Manager Saunders stated that at the last City Council workshop there had been discussion of acquiring a piece of property for a City park through the Florida Communities Trust Florida Forever Program. He stated that the property owner has agreed to give the City adequate time to request the grant funds and requested approval to move ahead with the application process. He stated that the grant would be for 100% and that the deadline for application is August 13, 2001. A motion was made bP Council Member Biddle, seconded bP Council Member Mullins, and carried unanimouslp to direct Sta_f_f to move forward with the process necessarF to acquire this property through the Florida Forever Program. City Manager Saunders then stated that the Clermont Main Street Program is requesting permission to change the sign at Eighth Street, using different colors and a new layout for the face of the sign. City Manager Saunders displayed a picture of the proposed change. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 2 A motion was made bP Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the proposed changes to the sign at Eighth Street. Council Member Mullins' Report Council Member Mullins stated that the Florida League of Cities met yesterday with the Lake County School Board and the County Commission to develop a plan to extend the 1 ¢ Sales Tax that is due to expire at the end of 2002. He stated that this issue should appear on the November 6 ballot. He then stated that the County would be giving up a portion of their share of the tax collected to help the school system. Mayor Turville's Report Mayor Turville stated the City has received a bill from the South Lake Transportation Task Force for the City's participation last year and this year in the amount of $3,500.00. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to pay $3,500. O0 to the South Lake Transportation Task Force for participation in 2000-2001. Mayor Turville then announced that the Dedication Ceremonies for the two new fire stations will be held this Saturday, beginning at 10:00 a.m. NO OTHER REPORTS PRESENTATIONS & PROCLAMATIONS Mayor Turville read the Mayor's Election Proclamation for City Council Member Group I1 and City Council Member Group IV. CONSENT AGENDA Mayor Turville read the listed Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item 1 - Liquidated Damages - Fire Station #1 Consideration of Liquidated Damages for delay in completion Item 2 - Starmer, Ranaldi, Inc. Fee Adjustment CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 3 Item 3 - Bid Award Replacement Meters, Water Wells Item 4 - Final Plat Approval Clermont Town Center Addition Item 5 - Request for Water & Sewer Service Request for the City to provide water and sewer service to property located north of S.R. 50 and west of County Road 455 (Safe-T-Storage H0 Council Member Renick requested that Item #5 be pulled for discussion. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Items One through Four of the Consent Agenda. Due to a request from residents of Kings Ridge, Mayor Turville requested that the applicant for Resolution No. 1206 come forward to speak at this time. Rob Ahrens, Lennar Homes, applicant, requested this item be postponed until it can be heard along with the request for the Conditional Use Permit for the proposed project. Mayor Turville stated it would be appropriate to hear both requests at the same time. Discussion followed regarding whether this item should be tabled or not. A motion was made by Council Member Renick, seconded by Council Member Biddle, and carried unanimously to not table Resolution No. 1206. Mayor Turville stated that Staff had requested tabling Resolution No. 1205 until the City Council' Meeting of August 28, 2001. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to table Resolution No. 1205 until the City Council Meeting of August 28, 2001 (time certain). Mayor Turville then stated that Resolution Nos. 1206 and 1207 should be moved forward on the agenda. A motion was made by Council Member Biddle, seconded bY Council Member Mullins, and carried unanimously to move Resolution No. 1206 and Resolution No. 1207 forward on the agenda. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 4 Mayor Turville discussed the request of the Planning & Zoning commission to table Resolution No. 1207 until the meeting of August 28, 2001 with the City Council and City Attorney. A motion was made by Council Member Renick, seconded by Council Member Biddle, and carried unanimously to table Resolution No. 1207 until the City Council Meeting of August 28, 2001 (time certain). Resolution No. 1206 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant, Lennar Homes, is requesting a Conditional Use Permit to amend the existing Planned Unit Development located at the northeast comer ofU. S. 27 and Kings Ridge Boulevard to allow for a multi-family development of 258 units with amenities and 5,000 square feet of professional office space. He stated that the applicant is also requesting that the current professional office on parcel 'D' be moved to parcels 'G' and 'E'. Mr. Brown stated that this project meets the criteria for Land Use Designations and is appropriate for the location, therefore Staff supports the request. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Rob Ahrens, Vice President of Lennar Homes, the applicant, 286 Wymore Road, Apt. 103, Altamonte Springs, spoke regarding the request and stated that the 258 multi-family units would be age restricted and that the same rules would apply to those renters as the residents of Kings Ridge. Mayor Turville asked if this would be classified as an assisted living facility. Mr. Ahrens stated that these apartments would be independent living with restaurant, cleaning and laundry services available. Council Member Renick asked if this was the parcel that had the zoning switched with another parcel to accommodate the Publix shopping center. Mr. Ahrens stated it was. The following concerned residents were sworn in by Deputy City Clerk Studdard and spoke in opposition to the request: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 5 E.J. Keamey, 4212 Chamberlain Way Lewis Lavine, 3811 Scarborough Court Frank Caputo, 3917 Scarborough Court Joe Heinzman, 3816 Epshal Street Jack Tetrault, 2310 Twickingham Court Gail Ash, 3912 Pagan Court Robert Knopf, 4202 Hammersmith Drive Bob Hurney, 3716 Fairfield Drive Bill Campbell, 2120 Grafion Avenue Irma Acisclo, 4338 Hammersmith Dr. Gary Wise, 3616 Fairfield Drive Jerry Dayharsh, 3710 Fairfield Drive John Wood, 2244 Belsfield Circle Mr. Roth, 2301 Twickingham Court Dick Gerard, 2442 Hythe Lane Robert Stroble, 3813 Scarborough Ct. Also provided were additional pages to be added to a petition opposing the project already submitted to the City Council. A letter fi:om a resident who was unable to attend was submitted as well. Mayor Turville closed the public hearing at this time. Council Member Biddle stated that from the City's standpoint it would be better to have professional offices than multi-family units on this site. He further stated that he would prefer not to alter this Planned Unit Development again. Council Member MacLauchlin pointed out that the density would be determined by how high the building would be. She also stated that Parcel 'D' could possibly be operated entirely separately from Kings Ridge, with separate entrances, no use of the Kings Ridge facilities and their own clubhouse. Council Member Mullins stated that while Clermont may need more assisted living facilities it is obvious that the residents of Kings Ridge does not want it at this location, and he agrees. Council Member Renick stated that prospective residents make their investments in a Planned Unit Development based upon the plan presented to them initially and any change to the PUD should be a change that the residents want. She further stated that she was opposed to the Publix shopping center for this reason until the Kings Ridge residents agreed to it. Mayor Turville asked Mr. Ahrens if he wished to respond to any comments. Mr. Ahrens stated that this property is currently zoned for 150,000 square feet of professional office and that the traffic for this complex will all enter at the Kings Ridge main entrance, and that if the residents prefer this compared to 258 multi-family units, then Lennar will build those instead. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously by roll call vote to deny Resolution No. 1206. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 6 UNFINISHED BUSINESS Water Usage/Rates Mayor Turville stated that since the discussion at the City Council meeting of July 10, 2001 the City Staff has prepared a report providing information as to what the City has discovered. City Manager Saunders stated that the City Council had directed Staffto look at the main issues brought up at the last meeting. He stated that Staff had looked at the accuracy of the meters on the east side. He stated that at least 18 of the meters had been removed, all of which belonged to residents that had complaints at the last City Council meeting. He stated that the meters were tested by the supplier as well as by Orlando Utilities Commission and that all of the meters tested accurately. He stated that one cubic foot meter was discovered, and must have been inadvertently shipped by the supplier, and that the meter has since been replaced. Mr. Saunders stated that the question of accuracy in meter reading had been addressed by re-reading all meters, and that none were discovered to have been misread. Mr. Saunders stated that the billing system was also looked at to determine if the bills were being calculated correctly by taking a sampling of bills and manually computing them with no problems being found. He then stated that the adoption of the new rate schedule met and actually exceeded all requirements for billing change notification. Mr. Saunders then stated that it was discovered that in the month of May the majority of the meters on the east side were read about a week early. He stated this would not have had an effect on the billing if the new rates had not been put in place, but because of the timing of the rate change going into effect there was an average $10.00 difference for the extra time period in the billing cycle. Mr. Saunders stated that a question had been raised regarding irrigation meters and that City maintenance employees who were not aware of the new billing system were still giving information as instructed in the past that irrigation meters could be helpful. He stated that nine irrigation meters were installed in the past in the Skyridge Valley area and that those residents would be refimded for the meter and the cost of installation if they wished. Mr. Saunders then spoke regarding the differences between the east and west water systems, detailing the rate structure for the newer east system as compared to the west. He stated that the goal was that over time the two systems could be equalized. He further stated that they have always operated independent of each other. He stated that the City Council will be reviewing budgets over the next few weeks and that the City may now be able to bring the east rate more in line with the west but more time is needed to evaluate how the new tiered billing system will affect the overall system. The bond issue that was put into place mainly for the east system must also be considered. Mayor Turville stated that it was good to know that the billing period had proven to be longer as it helped in part to explain why the consumption and billing amounts were so high for Skyridge Valley. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 7 He then stated that time is needed in order to analyze the new billing system before determining whether the east and west rate structures could be brought closer to the same rate but that he felt the combination of recent rains and conservation efforts will help bring the current billing amounts down. He further stated that it appears a good amount of conservation took place between this billing period and the previous one, although it is hard to determine if it was due to the current rainfall or due to conservation as a result of the new billing rates. The following residents of the Skyridge Valley neighborhood spoke concerning water meters, the east water system versus the west, the accuracy of the billing system, having a specific reading period and high consumption amounts on their previous bills: Abraham Torres, 207 Crestridge Drive Michael Morrehead, 1904 Crestridge Drive Tina Merriman, 885 Skyridge Drive Grace Piccio, 2003 Crestridge Drive Andres Lopez, 879 Skyridge Drive Maggie Brown, 891 Woodvale Street Elizabeth Matos, 1902 Northridge Dr. Dave Garrett, 1511 Presidio Drive Damian Santana, 867 Skyridge Drive Finance Director Van Zile explained to the above residents that in most cases their water consumption had decreased significantly from the previous reading to the most recent reading and that all but 2 to 3 days of the recent reading period were with the old meters in place, not a new one, indicating that the cause of the high bill amounts had been consumption rather than faulty meters or errors. He also reviewed the billing structure compared to other cities. Council Member Mullins stated that while the east side of town pays a little more for water the west side pays more for stormwater fees. Council Member Biddle stated that the west system was purchased a long time ago, therefore the cost was lower, and that the east system was purchased more recently, therefore the costs are higher for that system. Council Member Renick stated that if both sides were on the same billing system then when the older west system needs repairs the east would help to pay for them, which may be fairly soon. The following residents also spoke: George Smith, 210 East Desoto Street, Apt. D, spoke to the City Council regarding his building having one meter for all units of the complex. The City Coundil stated it would look into changing the rate structure for buildings with common residential meters. Brian Lacely, 2027 Crestridge Drive, thanked the City for its prompt response regarding the replacement of the cubic foot meter as well as the refund for the extra gallons charged as a result. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 8 John Homan, a representative of Centex Homes, the builder at Skyridge Valley, spoke regarding the irrigation systems at Skyridge Valley. David Koepsell, 895 Woodvale Street, stated he would like a reimbursement for his irrigation meter. Kevin O'Connor, 2029 Northcrest Drive, stated he would like a new meter. Council Member Renick stated that this billing structure was adopted by the City as required by the St. Johns River Water Management District, and informed the public that SJRWMD has hired additional Code Enforcement officers to check for violations. She then read from an officer's report, "Most of my patrolling has been within 5 miles of the City, and some within the City itself. Skyridge Valley was patrolled last Friday morning. Isn't that the subdivision where most of the water rate complaints were coming from? That must be the largest group of violators for the size yet! I've had eight violations in Skyridge Valley and a total of 15 between Skyridge Valley, Northridge and Sunset Village. Take into consideration these were noticed in the 30 minutes I spent there. The violators were given hanging information cards on their doors or in person." She then stated that residents should not compare their bills with their neighbors' because the neighbor could be using excessive irrigation, but that this does help explain the high overall consumption in the area. Council Member Mullins explained to the concerned citizens that the reason for their high water bills was consumption, as was proven by the research done by staff. City Manager Saunders gave Staff recommendations to the City Council: 1) To refund the 9 residents at Skyridge Valley for irrigation meters and to allow for the plumbing costs 2) To credit the residents of the east side that were billed for the additional 5 to 7 day period $10.00, and 3) to consider equalizing the east and west billing structures during the budget process. Council Member Renick stated the she would like to see a program set up to offer a rebate to any residents who would attend a water conservation seminar held by the Florida Yards & Neighbors Program. Council Member Mullins asked if refunding residents on the east side for irrigation meters applies only to those nine residents of Skyridge Valley and Sunset Village, or to any resident who had purchased an irrigation meter in the last 3 to 4 months? City Manager Saunders stated that the City was only applying that to those residents that had been identified. Council Member Mullins stated that there may be residents that would be offended if not allowed the same opportunity if they were also misinformed about irrigation meters. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 9 Mayor Turville stated that if anyone else comes forward Staff could make a recommendation for a refund. A motion was made bY Council Member Mullins, seconded by Council Member Biddle and carried unanimously to approve Sta_f_['s recommendations to offer a re_fund to the identified residents_for irrigation meters ~f the¥ desire, and to issue a $10.00 credit to the residents of the east side. Ordinance No. 310-C - Final Hearing Mayor Turville read the ordinance by title only. City Manager Saunders stated these are amendments to the Land Development Regulations mainly pertaining to water usage and conservation. Mayor Turville asked for public comment. No one commented. A motion was made by Council Member Biddle, seconded bY Council Member MacLauchlin, and carried unanimously by roll call vote to adopt Ordinance No. 310-C. Ordinance No. 431-M - Final Hearing Mayor Turville read the ordinance by title only. City Manager Saunders stated this ordinance is for the City to be included in the MSTU for provision of Emergency Medical Services, and that Staff recommends re-adopting the ordinance for one year. Mayor Turville asked for public comment. No one commented. ,4 motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously by roll call vote to adopt Ordinance No. 431-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 10 Norquist Property Acquisition City Attorney Guthrie stated that the City proposes to pumhase parcels #2 and #3 of the Norquist property at the appraised values of $287,000.00 for parcel #2 and $242,000.00 for parcel #3. He stated there will be separate written contracts and will hopefully close within 60 days. He stated that Mr. Norquist is requesting that the City pay the title insurance for the transaction. Mr. Guthrie reviewed other terms with the Council. He further stated that the City will have a 6 month option to purchase parcels #1 and #4 with a 4% per annum increase. A site diagram was provided indicating parcels 1 - 4. Mr. Guthrie stated that Staff is requesting authorization to enter into contract for purchase of parcels #2 and #3 and an option to purchase parcels #1 and #4, and to authorize Mayor Turville and the City Clerk to sign on behalf of the City. A motion was made bY Council Member Biddle, seconded bP Council Member Mullins, and carried unanimously to direct Sta_ff to enter into contracts for the purchase of parcels #2 & #3 o_f the Norquist property at the appraised prices and contract options to purchase Lots #1 and g4, and to appropriate funds_from Recreation Impact Fee Funds. Council Member Biddle stated he is pleased to see the City moving forward so quickly with the community center and that it is important. VISITORS WITH BUSINESS Clermont Historical Society - Lease Extension City Manager Saunders stated that the City had previously agreed to lease the old City barn property located directly west of the boat ramp to the Historical Society for a historical village. He stated that the Townsend house located on S.R. 50 is scheduled to be the first house to be moved to that site. He stated that the Historical Society had been granted 24 months to move this house from the time of the agreement and that the Historical Society is concerned they will be unable to move the house by that time, and are asking the City Council to consider extending the time period. Council Member Renick stated the request is for an additional year. Council Member Mullins asked if the City has completed their work at the site. City Manager Saunders stated the site for the Townsend house is available. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 11 Council Member Biddle stated there are more options available now than there were at the time that this lease was granted and that the City Council should look at other locations prior to extending this lease. Council Member Renick stated the Townsend house could be lost if there is an indefinite wait. Council Member Biddle stated since it has waited two years he feels it is important to look at other options before making a decision. Mayor Turville stated he is not certain about some of the body of the agreement as well as the burden placed upon the Historical Society to raise an incredible amount of money. He stated that this ties up an important piece of property as well. Council Member Mullins stated he would like to discuss the reasons for placing the village on this site. Council Member MacLauchlin stated she would like to find out where the Historical Society will obtain the funding to move the Townsend house as well as to maintain this village. City Manager Saunders was asked to invite the Historical Society to a workshop. A motion was made bP Council Member Mullins, seconded bp bp Council Member Biddle, and carried unanimously to table this request until the City Council meeting o_f August 14, 2001 (time certain). Request for Water & Sewer - John's Lake Plaza Planning Director Brown stated that the applicant, Arthur Nix of Montverde Engineering, is requesting that the City provide water and sewer service to the proposed John's Lake Plaza located on the south side of S.R. 50, east of Magnolia Pointe. He stated that Staffrecommends that the applicant complete his rezoning request with the County, then re-submit the request to the City for services. Discussion followed regarding the proper action to take on this request. City Manager Saunders stated that the City's concern is that the applicant may be able to use the City's agreement to provide services as a tool to help obtain County approval, and that Staff feels it would be more appropriate for the County to make a decision on the rezoning of the project prior to the applicant coming to the City for services. Council Member Renick voiced concem regarding possible misrepresentation to the County on the City's behalf. Discussion followed regarding notification to the County of the City's decision. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 12 Arthur Nix, Montverde Engineering, the applicant, spoke regarding the project and regarding the County and City processes. Frank Caputo, 3917 Scarborough Court, spoke regarding the City approving the request in order to retain control of the project versus the project going in under County guidelines. Mayor Turville stated this project is not anywhere near the City's boundaries and that this project will develop under County standards regardless of whether the City approves this request or not. City Manager Saunders stated the City can impose certain requirements on the project through an agreement to provide services at this time, but that the concern regarding the applicant using the City Council's decision as a tool to obtain County approval is important. Council Member Mullins stated the City could still use the provision of services to exert some control over the project at a later time. Mayor Turville asked the applicant what is planned for the site. Mr. Nix stated it is a commercial subdivision for C-2 users, with office/retail on the front and office/warehouse for the remainder of the site. Council Member Renick stated that since City Engineer Richardson has recently compiled projections for use in applying for the City's Consumptive Use Permit that do not include providing services outside the City limits she feels it would be improper to approve the request. motion was made bp Council Member Renick, seconded by Council Member Biddle, and carried unanimously to deny the request_for water and sewer services. Variance Request- Pamela Sharkus Planning Director Brown stated that the applicant, Pamela Sharkus, is requesting a variance to allow brick pavers to be used as an additional surface overlay for a circular driveway at her residence located at 1397 W. Lakeshore Drive. He stated that Staff recommends approval subject to the provision of a hold harmless agreement, as was the case in an identical variance granted at an earlier date. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Charles Sharkus, 1397 W. Lakeshore Drive, brother of applicant, spoke regarding the variance and stated they agree to all terms as stated. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 13 A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the variance request contingent upon a hold harmless agreement. Variance Request - Janis Sheldon Planning Director Brown stated the applicant, Janis Sheldon, is requesting two variances for the property located at the southeast comer of l0th and Desoto Streets: 1) to allow construction of a handicap ramp 12' from front property line as opposed to 25' required by Code, and 2) to allow construction of a driveway on Desoto Street at a distance of 50.44 feet from 10th Street rather than 100 feet required by Code. Mr. Brown stated that the City Council approved a Conditional Use Permit for this location in May, 2001 to allow an existing residential dwelling to be converted to a school. He stated that the applicant then hired an engineer to design the project and the need for these variances was discovered. He stated that Staff recommends approval of both variances and that both types of variances have been granted in the past. Mayor Turville opened the public heating at this time. No one commented. Mayor Turville closed the public heating at this time. Mayor Turville stated that since the approval of the Conditional Use Permit was not contingent upon approval of the site plan the City Council had no way of knowing that these variances would be necessary in advance. He further stated that there had been opposition to granting the Conditional Use Permit from surrounding residents due to traffic and close proximity. Council Member Renick asked if the approval of the Conditional Use Permit should be revisited since it had been based upon inaccurate information. She further stated that she recalled Staff stating that there was adequate space for the driveway during the hearing of the Conditional Use Permit, therefore she felt that misinformation had been given regarding the request. City Manager Saunders stated that this request is not to alter the course of the driveway through the site and that the locations of the connections remain close to the locations given to the City Council during the hearing of the Conditional Use Permit. He further stated that the distance discussed that night was for the 10th Street driveway and that the exit on Desoto Street was not considered at that time. Discussion followed regarding the appropriateness of this site for the Montessori school. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 14 Mayor Turville stated a neighbor to this site had questioned if the driveway would need a variance because it was too close at the time of the Conditional Use Permit hearing. Discussion followed regarding the location of the driveway. A motion was made bp Council Member Biddle, seconded bY Council Member MacLauchlin, and carried by a vote of three to two to approve the variance request, with Mayor Turville and Council Member Renick being the opposing votes. Resolution No. 1208 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant, Greater Construction Corporation, is requesting to amend Resolution No. 1203, the Hills of Clermont PUD, to allow for multifamily at a density of 8 units per acre on a portion of the PUD south of Hook Street and to allow for commercial zoning on a portion of the PUD north of Hook Street. Mr. Brown stated that at the request of the County and the City the applicant agreed to the realignment of Hook Street through his property, and in exchange the applicant is requesting the increase in density on parcel #4 from 4 to 8 units per acre and requesting commercial uses on parcel #3. He further stated that a Comprehensive Plan Amendment was adopted in June allowed for a density of 8 units per acre on the 25.5 acres of parcel #4. Planning Director Brown stated that Staff has met with the applicant twice to address concerns regarding the request and listed proposed changes to be made to the resolution in an attempt to resolve those concerns. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Hal Kantor, legal representative of the Greater Construction Corporation, stated the applicant is in agreement with the proposed changes/restrictions as stated by Planning Director Brown and talked about the project in general. Maggie Miller, 2721 Sunbury Street, voiced concerns of the neighborhood about the changes. She also requested that the following uses not be allowed: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 15 Auto Services Recreation Facilities Tourist Attractions Residential Storage Warehouses Utility Facilities or Transformers Laundries Recreational Vehicle Parks Mobile Home Parks Bus Terminals Car Wash Mini-Golf or Driving Ranges Lounges or Clubs Agricultural Services or Operations Convenience Stores and/or Gas Stations Hotels/Motels Auto & Truck Repair Garages Cemeteries Travel Trailer/Recreational Vehicle Sales Chris Gourdie, 2720 Sunbury Street, voiced concern regarding allowing traffic access from the commercial parcel due to the close proximity to the new high school and requested a traffic light be installed at S.R. 50. Scott Ruda, 12912 Brown Park Trail, spoke against an increase in density for various reasons. Jim Purvis, 4206 Hammersmith Drive, spoke in opposition to changing the PUD. Frank Caputo, 3917 Scarborough Court, spoke in opposition due to water consumption, lack of a site plan and the affect on traffic. Becky Bruna, 12912 Brown Bark Trail, spoke in opposition to multifamily due to the close proximity to the new school. Joseph Gagliardi, 12718 Piney Woods Way, spoke regarding the future of Hook Street and the lack of a site plan for this project. Mr. Kantor stated they agree to all prohibitive uses on the commercial site but request that it remain zoned C-2. He also spoke regarding access to Hook Street from parcel #1. Lorraine Wenchel, 2726 Sunbury Street, asked the reason for the Hook Street realignment and stated she is opposed to having commercial in the PUD, particularly restaurant uses. Mayor Turville spoke regarding the realignment of Hook Street. Gerald Smith, as a representative for Lake County Schools, spoke regarding the entrance to the new high school. Council Member Mullins asked Planning Director Brown if the required traffic study for signalization would include traffic generated by all parcels. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 16 Planning Director Brown stated it would. Council Member Renick stated this applicant does deserve compensation for the dedication for Hook Street, but perhaps there is disagreement as to how much. She further stated that she felt the allowance for commercial should be sufficient. Mr. Kantor stated that there are a lot of unknown factors associated with that parcel at this point and that the applicant is taking a certain risk without knowing how the parcel can be developed. Council Member Biddle stated that this developer made concessions that were thrust upon him rather than requesting that the changes be made, therefore this request is reasonable particularly with the density being changed to 6.5 per acre. He further stated he was very happy that the developer agreed to the limitations the homeowners requested. Scott Ruda spoke again and stated the neighborhood is very concerned about getting a traffic light as soon as possible. Mayor Turville stated the City will work hard to get that traffic light installed. Council Member Renick stated the traffic in that area will be more severe than normal due to the high school students. Gerald Smith stated that the majority of the traffic for the school will not use the S.R. 50/Hancock Road entrance. He stated there will be 3 or 4 entrances and that buses will use Steve's Road and Citrus Tower Boulevard. Mayor Turville asked Planning Director Brown how much square footage there would be on parcel #4. Planning Director Brown stated there should be approximately 110,000 professional office square feet. Discussion followed regarding townhomes versus apartments on parcel #4. City Manager Saunders stated that the applicant will have to apply for a Conditional Use Permit before obtaining final approval. A motion was made by Council Member Biddle, seconded bp Council Member Member Mullins, and carried unanimously to adopt Resolution No. 1208, as amended by Staff and to include limitations to C-2 parcel as listed by Ms. Miller. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 17 NEW BUSINESS Ordinance No. 432-M - Introduction Mayor Turville read the ordinance by title only. A motion was made by Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to introduce Ordinance No. 432-M. Proposed Millage City Manager Saunders stated the City is required to notify the property appraiser's office by August 4, 2001 of the proposed millage rate. He stated that this will be advertised and notices of the public hearing will be sent to all property owners. He stated the public hearing will be in September, 2001. City Manager Saunders recommended maintaining the current rate of 3.729 as discussed at the workshop meeting. A motion was made bP Council Member MacLauchlin, seconded bY Council Member Mullins, and carried unanimously to advertise 3. 729 as the proposed millage rate. Request for Water & Sewer - SafeTStorage III Planning Director Brown stated this is a request for water and sewer service for a commercial project located on the north side of S.R. 50 and west of C.R. 455. He stated that the project has been approved by the County but must have approved water and sewer by the City for construction. He stated that Staff supports the request with the inclusion of a service agreement providing cross-access for the properties to the east and west of the subject property and stating that the property will be annexed into the City at such time as the City determines to be appropriate. Mayor Turville stated that this project was included in the City Engineer's projections regarding water usage. City Manager Saunders stated there currently are water and sewer lines in fi-ont of the property and the area was included in the projections. Mayor Turville stated this project would use very little water. Discussion followed regarding construction of the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 24, 2001 Page 18 A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to provide water and sewer, as amended. Mayor Turville asked if anyone wished to speak to the City Council on any other issues. There being no further business, the meeting was adjourned at 2:43 a.m. Hal Turville, Mayor Attest: ~. Van ~t1~, City Clerk