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06-26-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page I A regular meeting of the City Council of the City of Clermont was held Tuesday, June 26, 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, and Mullins. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, Planner Barbara Hollerand 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 CouncilMember Biddle, seconded b_¥ CouncilMember Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held June 12, 2001. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that the two new fire stations are now open and an Open House is planned for July 28, 2001 from 10:00 a.m. to 2:00 p.m., with the dedication of Fire Station #1 at 11:00 a.m. and Fire Station #2 at 1:00 p.m. City Manager Saunders then reminded the City Council of the Workshop meeting to be held on July 27, 2001 at 6:00 p.m. at the Clermont Police Department and of the Main Street Visioning Session to be held on June 28, 2001 at 5:30 p.m. at the Highlander Hut. COUNCIL MEMBER BIDDLE'S REPORT Council Member Biddle stated that there will be a South Lake Transportation Task Force meeting on June 28, 2001 at Jenkins Auditorium. NO OTHER REPORTS CONSENT AGENDA Mayor Turville read the listed Consent Agenda and asked if anyone wished any item to be pulled for discussion: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 2 Item ! -EMS/Advanced Life SupPort Agreement Item 2 - Bid Award - Boat Ramp Restroom A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to approve Item One of the Consent Agenda. Item two of the Consent Agenda was pulled as a separate item for discussion. Mayor Turville stated that since Staff is recommending that the low bidder for this project be disqualified due to not meeting all bid requirements, he felt the item should be discussed. He then asked City Manager Saunders to explain the bid process for this project. City Manager Saunders stated the City received four bids for the Boat Ramp Restroom project and that the Bid Opening was on June 18, 2001. He stated that at the time of the opening the apparent lov~ bidder was R.A. Schweickert Building Contractors in the amount of $27,250.00, but that after going through each bid it was discovered that the required bid bond had not been submitted nor had the Statement of Public Entity Crimes been notarized. He then stated that all other bidders had submitted all the required documentation for the bid, and recommended awarding the bid to the next lowest bidder, Marbeck Constructors, Inc., in the amount of $28,500.00. A representative ofR. A. Schweickert spoke regarding the bid requirements and stated they had been asked to submit references, then received a letter disqualifying their bid. City Manager Saunders stated that during the bid opening R.A. Schweickert did appear to be the low bidder and he requested they submit references at that time. He stated he also made the statement that he would go through the bids more thoroughly to ensure everything was in order and discovered the next morning that the bid requirements he mentioned earlier had not been met. He sent a letter to R.A. Schweickert that day explaining what had been found. Mayor Turville stated it is the City Council's role to get the work done as cheaply as possible and with a difference between the lowest bidder and next lowest for this project ors 1,250.00 he · felt the Council should hear this issue. City Manager Saunders stated he has concern in overlooking the deficiencies of the low bid in that there are three other bidders who did meet all requirements, and he feels they may have some complaints against the City if those deficiencies are ignored. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 3 Mayor Turville asked City Manager Saunders if, due to the claim of possible miscommunication between Staff and Mr. Schweickert, the project should be re-bid. City Manager Saunders stated them could be objections from the three bidders who bid correctly if we re-bid and that he did not believe there had been any miscommunication on the part of Staff. He stated that there are some minor requirements that can be overlooked, like the number of copies submitted, but that this omission is something that could affect the bid amount. He further stated that this is clearly a matter of one bidder not following the directions of the bid. City Attorney Guthrie spoke regarding legal requirements of bids and supported rejecting the low bid and awarding to the next lowest bidder, particularly since all other bidders had met all requirements of the bid. He also explained the importance of the bid bond. A motion was made by Council Member Biddle, seconded b¥ Council Member Mullins, and carried by a vote of three to one to award the bid for the Boat Ramp Restroom to Marbek Constructors, Inc., with Mayor Turville being the opposing vote. VISITORS WITH BUSINESS Request for Ope~ Air Sales & Tent Permit City Manager Saunders stated this request is from American Eagle Fireworks, Inc. for the purpose of selling fireworks from June 27 - July 5, 2001 at the southwest comer of S.R. 50 and Second Street. He stated Staff is concerned due to the recent fires in the area and recommends denial of the request. A motion was made by Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to deny the Request. Mayor Turville stated he feels it is best to deny this request due to the numerous fires we've had lately. NEW BUSINESS Resolution No. 1200 - Home Depot USA, Inc. Variances Requested (4) - Home Depot USA, Inc. Mayor Turville stated a letter had been received on June 20, 2001 indicating more time is needed .to attempt to resolve some of the right of way issues for this project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 4 George Hovis, legal representative for Home Depot USA, Inc. apologized to the City Council and the'public for this unforeseen delay. He explained the issues that are being worked on that caused this delay and stated he hopes to be ready for the Council meeting of July 10, 2001. Mayor Turville stated this issue is important and that the City Council should all be in attendance when it is heard. Council Member Biddle asked if Mr. Hovis would agree to table this to the second meeting of July to give ample time to prepare. Mr. Hovis stated he would agree but that his clients probably would not agree. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to table Resolution No. 1200 and its associated variance requests until the City Council Meeting qf Jul¥ 24, 2001. Resolution No. 1203 - Greater Construction Corporation Planning Director Brown stated the applicant is requesting a Conditional Use Permit to amend Resolution No. 1033 to allow a density of 8 units per acre on approximately 12.3 acres of the Planned Unit Development located on the east side of Hancock Road, south of S.R. 50 and north of the Hills of Clermont subdivision. The increased density will allow for construction of a multi-family townhome project. Mr. Brown stated the zoning for the P.U.D. limits density to 4 units per acre at this location. Mr. Brown stated that Lake County and the City of Clermont had requested that the alignment of Hook Street be moved further to the south, thus parcels one and two of the P.U.D. are now separated from the rest of the project. He stated that, in exchange for the re-alignment and additional right of way necessary to accommodate the re-alignment, the applicant is requesting increased density for the remainder of the two parcels. Mr. Brown stated Staff feels this would provide a good buffer between the residential and commercial areas and recommends approval. Deputy City Clerk Studdard swore in the following: Bill Kercher, Gladding, Jackson, Kercher, Anglin, Lopez and Rinehart, Inc., 33 East Pine Street, Orlando, Planning Consultants for the applicant, spoke on behalf of the project and explained the reason for the request. John West, 14424 Pinecone Trail, spoke in opposition to the request due to rapid growth and traffic. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 5 Jim Kennedy, 12638 Scottish Pine Lane, spoke in opposition to the request due to traffic and various other issues. Kevin Tebo, 14630 Pinecone Trail, voiced concern about project for reasons stated by earlier speakers. Jim Purvis, 4206 Hammersmith Drive, spoke regarding increase of density in relation to size of property, and against project. Sabrina Haines, 14611Pine Forest Court, spoke against the project due to the changes it will bring to community. Maggie Miller, 2721 Sunberry Street, spoke regarding the changes the project will bring to the community versus whether the best use of the project would be townhomes or possibly commercial at a later date. Gene Cantwell, 1953 Brantley Circle, spoke in opposition due to the low water levels and the overcrowding of the schools. Nancy Fullerton, 368 Montrose St., spoke regarding density requested in relation to schools and water usage and in opposition to the project. Frank Caputo, 3917 Scarborough Court, spoke regarding the Planning & Zoning Commission's denial of this request for the reasons the public has stated tonight. John LaRue, 14853 Spruce Pine Lane, spoke regarding building roads prior to allowing developments to be built. Paul Messick, 12749 Pine Woods Way, spoke in opposition due to traffic and property values declining. Joseph Gagliardi, 12718 Piney Woods Way, spoke against project due to traffic problems. Scott Ruda, 12912 Brown Bark Trail, spoke against project. Carol Jackson, 15036 Loblolly Lane, spoke against project. Mr. Kercher spoke again and addressed questions raised by public. Roger Neiswender of HDR Transportation Consulting Group, 1201 S. Orlm~do Ave., Suite 200, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 6 Orlando, spoke regarding traffic study for the project. Bob Mandell of th9 Greater Construction Corporation, 1105 Kensington Park Drive, Altamonte Springs, the applicant, spoke regarding the project, the dedication of the fight of way, and about townhomes versus single-family homes on this property. Deputy City Clerk Studdard swore in the following: Ann Dupee, 389 Division Street, spoke regarding the location of this project being across from the colleges and being appropriate for that reason. Beth Stuts, 14846 Yellow Pine Lane, spoke in opposition to project due to traffic generated by apartment complexes. Council Member Mullins asked the water consumption amount for this project compared to single-family homes. Mr. Kercher stated it is slightly less. Council Member Mullins stated he feels the townhome project would be more appropriate than commercial at this site. Council Member Biddle stated he would like assurance that the final project would look the same as the final site plan. Mr. Kercher stated that the project would be built by an approved site plan. Discussion followed regarding whether or not a Conditional Use Permit wi'Il be required for the actual project, since the request tonight is to amend the original Conditional Use Permit to allow multi-family. Mr. Mandell stated he would bring more information to the City as the project goes forward. Council Member MacLauchlin stated she felt this project would provide a good buffer between residential and commercial in the area versus professional office or commercial on this site. Mayor Turville asked if Mr. Mandell would accept approval of 6 units per acre. Mr. Mandell stated six would be acceptable, some attached and some not. He stated he would be willing to come back with a final site plan including amenities. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 7 Discussion followed regarding density. Council Member Biddle stated that the realignment of Hook Street was critical for the City and County in order tO divert some of the traffic fi.om S.R. 50, and that when a developer dedicates that much property there is some trade-off necessary. He stated that 4 units per acre is allowed on this property, and allowing 6 units per acre is an acceptable solution. Mayor Turville asked Mr. Neiswender of HDR how much of a reduction could be expected for the reduced amount of density in regard to traffic generation. Mr. Neiswender stated the expected trip generations would be 47 trips based on 72, with a reduction of 20% to 30% for 56, approximately 38 to 40 trips. Trips for single-family would be 49. City Manager Saunders stated that on page 2, item 12, the density should be changed to six, and add the condition that the specific development plan would be brought back to the City Council for approval prior to development. Mayor Turville read the Resolution by title only. Mayor Turville asked Mr. Kercher how many homes had been planned for parcels one and two prior to the realignment of Hook Street. Mr. Kercher stated 112 homes had been planned. Council Member Mullins asked if there was a proposed second access to the Hills of Clermont subdivision. Mr. Mandell stated he was unsure if there had been one earlier, but there will be one onto the proposed Hook Street. City Manager Saunders stated that, regarding page 6, # 10, he feels there should be a time certain set for the dedication of the Hook Street right of way west of Hancock Road to accomodate the new school, preferably within 30 days of the approval of this Conditional Use Permit. Mr. Mandell stated he was unsure if this could be done within that time frame. City Manager Saunders gave some background information regarding the improvements to Hook Street. Discussion followed regarding the importance of getting that dedication of the Hook Street right CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 8 of way as soon as possible in order to give access for the construction for the new school. City Manager Saunders stated a condition should be added to this Conditional Use Permit on page 6, #10-1, requiting the dedication of Hook Street tight of way west of Hancock Road by August 17, 2001, since the City Council will hear the Conditional Use Permit for that project in July. A motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried b_v a roll call vote of three to one to adopt Resolution No. 1203, as amended, with Mayor Turviile being the opposing vote. Resolution No. 1204 - Halvorsen Development Corporation Mayor Turville read the resolution by title only. Planning Director Brown stated the applicant is requesting a Conditional Use Permit to allow construction ora convenience store/gas station on the comer out parcel of the Publix shopping center at the northeast comer of U.S. 27 and Hartwood Marsh Road. He stated that Staff recommends approval with conditions included. He further stated that there are special conditions included as a result of a meeting with a committee fi.om the Whitehall section of Kings Ridge. Deputy City Clerk Studdard swore in the following: Thomas Vincent of Halvorsen Development Corporation, 33 SE 4th Street, Suite 100, Boca Raton, FL 33432, the applicant and owner, spoke regarding the request. John Moore, Senior Planner for Gladding, Jackson, Kercher, Anglin, Lopez and Rinehart, Inc., 33 East Pine Street, Orlando, spoke regarding the signal light at the intersection of U.S. 27 and Hartwood Marsh Road. He stated that, with the proposed projects for that intersection, a traffic signal will be wan'anted.by D.O.T. and installed within the next 4 to 6 months. Dick Tegan, 2292 Twickingham Court, spoke reg~ding D.O.T. information Mr. Moore stated and requested that the City Council add the condition that the signal light at the intersection be put in place prior to Certificate of Occupancy being issued. Mary Morris, 4214 Chamberlain Way, spoke on behalf of the Whitehall Neighborhood Committee that worked with Mr. Vincent in adding the conditions to the request and in favor of the project. Jim Purvis, 4206 Hammersmith Drive, spoke in favor of the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 9 Lee Noble, 2104 Braxton Street, spoke in support of the project. Sy Holzman, 4243 Newland Street, spoke in favor of the project. Gail Ash, 3912 Pagan Court, spoke in favor of the project. Frank Caputo, 3917 Scarborough Court, spoke regarding making the issuance of final Certificate of Occupancy contingent upon installation of traffic signal at intersection, and regarding traffic backup at the driveways to the site. Don Appenzeller, 4219 Kingsley Street, spoke in favor of the project and voiced concern regarding traffic in the area. Mr. Moore stated that the study done by D.O.T. in this area of just the existing development did not wan'ant a traffic signal at the intersection, but that including the proposed development it did warrant the light. Mr. Vincent stated there will not be a traffic backup problem at the two driveways and discussed traffic flow. Mayor Turville stated he is happy that the developer worked with the Neighborhood on this issue. He stated that in explaining the uses the developer makes the user sound like a fast food store, which would make a difference in traffic applications. Mr. Vincent stated this is a convenience store with pre-packaged prepared foods on offer. Mayor Turville asked if gas station/convenience store was used to calculate the trip generations, or convenience store/gas station. Mr. Moore stated convenience store/gas stated was used. He stated that the study shows 3,000 trips per day, with 320 being aftemoon peak and 50% of those new. Discussion followed regarding trip, s':during peak hours and stacking capacity during that time. Council Member Biddle asked about the safety of those using golf carts to go to the PIX store. Mr. Vincent stated that there will be a circular, uninterrupted ring road around the Publix shopping center. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 10 Council Member Biddle stated, that a condition should be added to the Conditional Use Permit that the traffic signal at the intersection should be installed prior to issuance of a Certificate of Occupancy. Council Member Mullins stated he feels ifD.O.T, is working toward installing the signal and the store is ready to open, it should be allowed to go ahead and open, therefore the condition added to the Conditional Use Permit should state that the issuance of Certificate of Occupancy is tied to the approval of the installation of the traffic signal at the intersection of U.S. 27 and Hartwood marsh Road by D.O.T. Mr. Vincent stated that once D.O.T. approves the light it will be installed. Council Member Mullins asked if the final site plan would look like the one tonight. Mr. Vincent stated it would. Mayor Turville asked if there would be cross access fi.om the parcel to others. Mrs. Vincent stated there would be. Adrian Ringland, 2880 Braxton Street, spoke in support of project and regarding an access to this parcel being used too frequently. She also stated that it is not possible to get onto Danbury Mills Road because vision is blocked. City Manager Saunders stated that particular access can be converted to a right in/fight out only by a condition of the Conditional Use Permit if it is determined that it is a problem. A motion was made bp Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously by a roll call vote to adopt Resolution No. 1204, as amended. .: Ordinance No. 308-C - Introduction Mayor Turville read the ordinance by title only. City Attorney Guthrie stated there would be 2 changes needed on page 2, under Section 126-3 prior to final reading: 1 ) Terms of office of the members shall be two (2) years, except that the terms of three {'3} of the original members of the Board shall expire after the first year. 2) No person shall serve more than two (2) consecutive two {'2) year terms on the Committee. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 11 A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to introduce Ordinance No. 308-C. Ordinance No. 309-C - Final Reading Mayor Turville read the Ordinance by title only. Planning Director Brown stated this would provide some criteria for out parcel signage, amendments that address water conservation, and landscaping amendments. Council Member MacLauchlin stated that on page 2, under f, it should read,"Sign shall have a. maximum of two faces". Council Member Mullins asked, under Section 118-1, would the developer be required to put in mulch or some other type of ground cover. Planning Director Brown stated they would. Mayor Turville stated he felt concern regarding Section 118-1, (e), in that the language does not take into account inflation if a water shortage does not prove to be short-lived. City Attorney Guthrie stated an inflation factor could be incorporated into the Ordinance. Discussion followed regarding the types of deposits in escrow that would be acceptable. Mayor Turville asked if language should be added stating the requirements must be completed even if the amount is escrow is not sufficient to cover the expenses. City Manager Saunders stated the developer still has to meet the landscape code, regardless of the cost and that the deposit would be used to help meet that code, otherwise it would become a code enforcement issue. He further stated that the percentage amount of the estimate under this section should be changed to 120%. A motion was made by Council Member MacLauchlin, seconded bv Council Member Biddle, and carried unanimously by roll call vote to adopt Ordinance No. 309-C, as amended. Ordinance No. 427-M - Final Reading Mayor Turville read the Ordinance by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 12 Planning Director Brown stated that the applicant is requesting a Small Scale Comprehensive Plan Amendment to change the Future Land Use Classification of the property located at the southeast comer of S.R. 50 and Fourth Street from Residential/Professional to Commercial. He stated that the property is in the NED-3 Land Use District and that retail sales are allowed in this district, but not at this location. He stated Staff recommends denial of the request. Jimmy Crawford of Gray, Harris & Robbins, legal representative of applicant, Marjofie Robinson, spoke regarding the reason for the request. He also provided exhibits to the City Council and for the record in support of the request. Mayor Turville stated he understands Staff's position in that this area serves as a buffer between residential and commercial uses and that one of the concerns he would have in making this site commercial is that existing homes could convert to commercial, leaving a line of dumpsters to serve in front of the residential area. Mr. Crawford stated he feels the developer's agreement addresses the concerns of Staff. City Manager Saunders stated the reason this particular site and several others were not included in the commercial uses area was to prevent State Road 50 from being completely commercial. Discussion followed regarding the various uses in the area. Mr. Crawford stated the applicant would sign a developers agreement stating that no enlargement would occur on the property, since the remainder of the lot would be needed for parking and retention. City Manager Saunders recommended tabling this item to give the City Council time to review the developers agreement. Council Members Biddle and Mullins stated they would be open to reviewing the agreement and considering the request further. Mayor Turville stated he feels this would open the neighborhood to even more requests for commercial sites. A motion was made by Council Member Biddle ,seconded bP Council Member Mullins, and carried three to one by a roll call vote to table Ordinance No. 427-M to the City Council Meeting of July 10, 2001 (time certain), with Mayor Turville being the opposing vote. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 13 Ordinance No. 428-M - Final Reading Mayor'Turville read the Ordinance by title only. City Manager Saunders stated this is the adoption phase of the Large Scale Comprehensive Plan Amendment and that the City Council has previously gone through each phase and approved transmittal, which DCA has issued no objections. Planner Barbara Hollerand stated that DCA had recommended in its comments to leave the 1.49 acre parcel along the north shore of West Lake in the Conservation area as it is now. She stated that Staff supports this. She stated that the other three comments can be handled in the EAR-based Amendments. City Manager Saunders stated the area Ms. Hollerand referred to is the area between West Lake and the Rails to Trails area. A motion was made by Council Member Biddle, seconded by Council Member Mulllins, and carried unanimously by a roll call vote to adopt Ordinance No. 428-M, as amended. Ordinance No. 429-M - Introduction Mayor Turville read the ordinance by title only. City Manager Saunders stated that these ordinances are for introduction only and are the result of the Florida Legislature passing the Communications Services Tax Simplification Law. He stated that the City will no longer collect utility taxes and franchise fees directly as was done in the past but that the State of Florida will now collect these fees and send-back a portion to the City. He stated that the rates are based upon conversion factors will supposedly generate the same amount of revenue for the City, but that the City will have an opportunity to adopt an emergency ordinance after the first quarter if necessary. He stated that this first ordinance adopts the criteria stated under the Simplification Law and that Ordinance 430-M.elects not to charge permit fees and adds. 12% to the tax to make up for the revenue lost for that process. Mayor Turville stated this is unusual in that the State is capturing a revenue program that is initiated in the municipalities. He then asked City Manager Saunders why the City would not want to collect the permit fees. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 26, 2001 Page 14 City Manager Saunders stated this would require the City to permit every telecommunications provider who wished to put an additional line down the street. Council Member'Mullins asked if taxes had been going directly to the City in the past, and if the numerous errors on phone bills would get better as a result of the State handling it. City Manager Saunders stated the taxes had been going directly to the cities, and he hoped it would get better. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimousl~ to introduce Ordinance No. 429-M. Ordinance No. 430-M - Introduction Mayor Turville read the ordinance by title only. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimousl¥ to introduce Ordinance No. 430-M. 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 12:17 p.m. ~I-Ial Turville, l~la~or Attest: /'7 '~sephlE. Vai~, City Clerk