Loading...
04-24-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 2 City Manager Saunders stated that a regular City Council Workshop should also be scheduled at this time and recommended either May 7 or May 10 for the meeting date. It was the consensus of the City Council to hold the regular City Council Workshop meeting on May 7, 2001 at 6:00 p.m. at the Clermont Police Department. City Manager Saunders then requested authorization of the City Council to install a 4-way stop at the intersection of Grand Highway, Pitt Street and North Ridge Boulevard due to several close calls at that particular intersection, mainly due to the dip in Grand Highway south of North Ridge Boulevard and Pitt Street. .d motion was made by Council Member Mullins, seconded bp Council Member MacLauchlin, and carried unanimously to authorize the change from a 2-way stop to a 4-way stop at the intersection o_f Grand Highway, Pitt Street and North Ridge Boulevard. .,/. " City Manager Saunders stated that Pastor Anthony Jones of Miracle Church of God, located at the comer of Bloxam and East Junlata Streets, has requested closing Bloxam Street between Juniata and DeSoto Streets from 3:00 p.m. to 7:00 p.m. for a community-wide street party on May 5, 2001 in front of McKiuney Park. They plan to have some civic organizations, several churches and entertainment during this time and feel ,it would be safer to do so. A motion was made by Council Member Mullins, seconded b¥ Council Member Reniclq and carried unanimously to close Bloxam Street between Juniata and DeSoto streets on May 5, 2001 between 3:00p. m. and 7:00 p. m. fora street party. City Manager Saunders then provided information to the City Council regarding the dredge hole at Lake Minneola. He stated that last year the City Public Works Department had erected a fence along the beach and posted many signs in the area warning of that depression, as well as warning buoys being installed in that area by the Lake County Sheriff's Office. City Manager Saunders stated that another accident had occurred there last week that had resulted in a tragic death. He explained that one of the local papers had described the area where the accident had occurred as being in the City swim area but that the location is actually out in the lake, outside the City's jurisdiction, therefore Mr. Saunders contacted the Lake County Water Authority and asked them to take a look at the dredge hole to see what could be done. City Manager Saunders stated that the Lake County Water Authority has proceeded with dredge and fill permitting with the Department of Environmental Protection at this time and he requested authorization from the City Council to offer the City's support of the Lake County Water Authority's plan to come up with some fill for the area and the equipment necessary to fill the area in. He stated that, even though the area is not in the City's CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 3 jurisdiction, the City needs to participate in this effort. He further stated that there has been wonderful cooperation between the Sheriff' s Department and the Lake County Water Authority and that the City is hopeful that a lot of the sand and tracking necessary for the project will be donated, but that there will be some costs involved. City Manager Saunders stated that in conversation earlier today, County Commissioner Pool had spoken positively about the County participation in this project. Mike Perry of the Lake County Water Authority will be going to his Board next week to present the project as well. Mayor Turville stated he felt that this should be done as soon as possible and that now is the perfect time with the water level being so low. Council Member Mullins stated caution should be used in determining what fill to use. .4 motion was made by Council Member MacLauchlin, seconded b¥ Council Member Mullins, and carried unanimously to authorize City Manager Saunders to workwith the County and Lake County Water .4uthority to fill the dredge hole in Lake Minneola. City Manager Saunders then gave an update on the situation at Palatlakaha Park playground. City Manager Saunders stated that the City voluntarily tested the soil in the play area and immediately closed it last week after results determining elevated readings of arsenic were received. He stated that further testing has been done and those results are expected tomorrow. City Manager Saunders then referred to the Release from the Florida Department of Health that had been provided to the Council Members and stated that based upon the release, the risk is not large if handled'properly. He stated that the lumber in this play area has been coated on a routine basis since installation. He then stated that, based upon the second test results being similar to the first, the solution would be to remove the top 10 to 12 inches of soil, seal the lumber all the way down to that exposed level, and replace with clean soil, with the estimated cost being $20,000.00 to $25,000.00 which is available in the City's Recreation Impact Fee Fund. He stated that the City is expecting information from the Environmental Protection Agency in the next few weeks and ig waiting for that prior to any final decision on what action to take. Council Member Renick stated that the City has been routinely sealing the play area every two years and exposure to the wood itself would not lead to arsenic poisoning. Council Member Mullins asked if the soil would have to be replaced every l0 years. City Manager Saunders stated that routine sampling of the soil would occur. He stated that possibly the area that is leaching into the soil is below the ground elevation because that area of the wood has not been sealed, which would be remedied with the sealing below topsoil level that is proposed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 4 Council Member MacLauchlin asked if there is a point where the arsenic stops leaching from the wood. City Manager Saunders stated he has not received any information to that effect. COUNCIL MEMBER MULLINS' REPORT Council Member Mullins stated that since being appointed as Liaison to Lake County League of Cities he has now become the president of that organization. He stated that one of his first actions in this capacity was to appoint Planning Director Brown to the Metropolitan Planning Organization, an organization that looks at the metropolitan traffic area for the entire county to be sure they are all working with Orange, Marion and Polk Counties. He stated that South Lake County now has two representatives at the League of Cities. He further stated that he is gathering information to bring the Police and Fire Pension Funds up to date and will be presenting this information to the City Council before budget time. MAYOR TURVILLE'S REPORT Mayor Turville asked City Manager Saunders to give an update on Center Lake. City Manager Saunders stated that the City has only received two bids for the removal of the muck and both bids are cost prohibitive, with one coming in at $600,000.00 and the other at $210,000.00 if the bidder could sell the muck at a fixed rate, but that the rate would go to $400,000.00 if not. He stated that the City has found a contractor who is willing to work on an hourly basis and that City Engineer Richardson is meeting with him to go over his proposal and to determine how much muck he could remove on an hourly basis. He further stated that this information would be provided to the City Council at the next meeting. NO OTHER REPORTS CONSENT AGENDA Mayor Turville read the listed Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item 1 - Waterfront Park Event Lake County Safe Kids Coalition request to waive parking fees for National SAFE KIDS Week Event - May 12, 2001 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 5 Item 2 - Bid Award Construction of Hancock Recreation Area Tennis Courts & Resurfacing of Palatlakaha Recreation Area Tennis & Basketball Courts Item 3 - Equipment Purchase Purchase of lights for Hancock Tennis Courts Item 4 - Change Order Prime Construction Group Hancock Recreation Area- Change Order #3 Item 5 - Final Plat Approval Sunset Village/Phase III Item 6 - Final Plat Approval Somerset Estates/Phase 11 Mayor Turville stated he would pull Item #2 and stated a separate motion should be made to approve the Budget Amendment. A motion was made bp Council Member Mullins, seconded bp Council Member Renick, and carried unanimously to approve Items One, Three, Four, Five and Six of the Consent Agenda. A motion was made by Council Member Mullins, seconded bp Council Member Renick, and carried unanimously to approve Item Two o_f the Consent Agenda, Including Alternates #1 and #2. A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to approve a Budget Amendment o_f $5,552.00 from the Recreational Impact Fee Fund_for the installation of the Tennis Court Lighting at Hancock Park under Item Two of the Consent 'Agenda. Mayor Turville stated that Lakeview Drive Residents' request for access denial would be heard at this time in deference to the residents of that area who were present since they had been present at the last two meetings and waited until the end of each to speak. City Manager Saunders stated that a request has come before the Site Review Committee for a car wash to be located directly west of the 7-11 on-State Road 50. Mr. Saunders referred to the overhead display and pointed out the area of the proposed car wash, the 7-11 and the residential area of Lakeview Drive north of those sites as well as Almond Street connecting fi.om Lakeview Drive to Grand Highway. He stated that Lakeview Drive is the only public street access for the proposed car wash but that there is a cross-access agreement with the 7-11 allowing traffic to come through the 7-11 to enter the car wash. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 6 City Manager Saunders stated that when the 7-11 was approved a few years ago the property owner agreed to provide additional right of way at the south end of Lakeview Drive in order to construct a cul- de-sac in the future in return for the City Council closing that southern 60 feet of Lakeview Drive. This agreement was provided by the property owner with the idea that at the time that the commercial properties were developed there should be a cul-de-sac there in order for traffic to be able to turn around. City Manager Saunders stated that the problem is compounded by the fact that a lot located at the southern end of Lakeview Drive is zoned commercial as well with the only access to that property being Lakeview Drive; therefore there would still be an issue of commercial traffic in the area if that lot and adjoining properties were commercially developed at a future date. He stated that City Attorney Guthrie could provide additional information. City Attomey Guthrie stated that, since the proposed car wash site has no access of its own, his concern lies with removing access from that site to Lakeview Drive. He stated that the residents of Lakeview Drive could face legal repercussions as well and cited a case in Lake County 0Vlinneola) where the City closed a street and the commercial property owner sued the abutting residential property owners due to special injury as a result of their petition to have that street closed and deny commercial access. The ruling was for the commercial property owner because the street closing caused injury to his business. Mayor Turville asked if anyone would like to speak on this issue. Richard Keith, 1333 Lakeview Drive, spoke on behalf of the residents of Lakeview Drive and presented some visual aids in addition to those already seen. He stated that the residents understand that the car wash is allowed to go in at this site but their concerns are numerous. Mr. Keith then asked the Council to consider the problems that would occur in his neighborhood as a result of the proposed car wash: first and foremost is the access from the car wash to the neighborhood, also noise from the car wash lanes and especially from the vacuums, the hours of operation, restrooms located in the back of this unattended business and the possible problems that poses, traffic generated into the neighborhood from the car wash and particularly the children living in the neighborhood and any threat to their safety. Mr. Keith then read the following petition, signed on March 26, 2001 by 33 residents of Lakeview Drive and Almond Street, into the record: 'We, the residents of Lakeview Drive, Clermont, FL, agree together in our opposition to the planned commercial car wash next to the 7-Eleven on Highway 50 and the planned flow of traffic through our residential area. We are opposed to the opening of our dead-end street and to it becoming a traffic pathway for commercial property doing business 24 hours a day. We are opposed to our homes being disturbed by the noise and congestion of vehicles utilizing this planned business. We are opposed because of the threat it brings to the safety of our families and the value of our residential property.' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 7 Mr. Keith then gave the petition to Deputy City Clerk Studdard to incorporate into the record. George Wood, 1260 Grand Highway, which is located at the comer of Almond Street and Grand Highway, spoke in opposition to the proposed car wash and the proposed access to Lakeview Drive. He stated that commercial traffic should be directed back to a commercial corridor, not onto a quiet residential gtreet. He stated that he had looked at commercial sites in the City and found that very few residential areas have secondary exits fi.om commercial sites and that the City would be setting a precedent by allowing the car wash to use access to Lakeview Drive as a primary entrance/exit. Mayor Turville asked City Attorney Guthrie if the car wash would still have guaranteed access because ora cross-access agreement with the 7-Eleven, and, if so, would that be sufficient reason for the City to allow the closing of the Lakeview Drive access to the proposed car wash. City Attorney Guthrie stated there is a private agreement to that effect but that he is concerned regarding the closing of the access to a public roadway that would probably affect the quality of the access to the car wash, which could lead to a compensible situation involving the City's action. Mayor Turville stated that the commercial site just north of the proposed car wash site will only have one access and that is Lakeview Drive. Planning Director Brown stated that particular site is zoned for professional office use only at this time. Council Member Renick asked Mr. Keith if the residents of Lakeview Drive were opposed more to the type of commercial operation going in at the site rather than if it were a professional office. Mr. Keith stated that was correct, that if professional office came into the site north of the proposed car wash he felt that would be a more controlled operation. Council Member Mullins asked City Attorney Guthrie if, in the case cited in Minneola, there were two access points. City Attomey Guthrie stated there had only been a single access point. Council Member Renick asked Planning Director Brown if there exists a way to place conditions on the proposed car wash. Planning Director Brown stated it is permitted out right. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 8 Mayor Turville asked City Manager Saunders the specifics of the original cross-access agreement between the 7-Eleven and the proposed car wash property owner. City Manager Saunders stated the two Sites have the same owner. Mr. Saunders stated the owner had been aware that there should be joint access and that it was always anticipated that the owner would have access to Lakeview Drive. He stated there was discussion at that time regarding Lakeview Drive being the only access point to the site adjacent to 7-Eleven and that the adjoining property owner had agreed to donate the land necessary for the construction of the cul-de-sac. City Manager Saunders stated that the Site Review Committee had requested changes to the initial site plan and were awaiting those changes. He stated one of the changes is that the cul-de-sac would be more to the left of where it is located on the original plan in keeping with the donated property, due to the noise concern it was required that a masonry wall be erected along the north side of the property and that landscape requirements would be in place outside of that wall as well. Council Member Renick asked City Attorney Guthrie what action the City could expect as a result of closing that southern portion of Lakeview Drive as an access point for the car wash. City Attomey Guthrie stated the property owner could claim that the value of his property was diminished due to the closing of the access to a public street or, as in the case in Minneola, the effort to close the road would be stopped due to lack of viable access. Council Member Renick stated that, unlike the case cited in Minneola, this project does have more than one access and her opinion is that the City should pursue the road closing. She stated that this access point from a residential area does not seem to be the natural entrance to the car wash and that the closing of that access should not negatively affect the business; therefore she believes the City should close that portion of Lakeview Drive and see what comes of it. Discussion followed regarding the legalities of the issue relating to proof of loss of business. Council Member Mullins stated that, in terms of traffic, there is much more to consider than just eliminating the traffic flow from the car wash to Lakeview Drive. He stated that, with that access, if he is at the 7-Eleven and wants to go to the new 4-Way intersection of Pitt and Grand he could go to Lakeview, to Almond and then Grand Highway to get there. Therefore there would not just be car wash traffic but 7-Eleven traffic as well that wants to go north on Grand Highway. Council Member Mullins stated that, due to the traffic issues, he feels the City should do everything in its power to protect that neighborhood. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 9 Mayor Turville stated that closing of the street should be based on the planning issue and the traffic flow problem. Council Member MacLauchlin stated she agreed the residents of the area should be protected. Mayor Turville stated that the same amount of access would exist for the car wash without the Lakeview Avenue access as currently exists for the 7-Eleven. He then asked City Attorney Guthrie what process should follow to close that access to Lakeview Drive. City Attomey Guthrie stated that the Council should make a motion directing Staff to bring back an ordinance vacating the southern portion of Lakeview Drive between the proposed car wash property line and the end of the cul-de-sac and stating that no access be allowed until the ordinance is adopted or rejected. ~4 motion was made bp Council Member Mullins, seconded bp Council Member Renick, and carried unanimously to direct Staff to prepare an Ordinance closing the portion of Lakeview Drive as stated by City.dttorne¥ Guthrie, and to bring the Ordinance to the City Council at the May 8, 2001 Council Meeting. UNFINISHED BUSINESS Ordinance No. 419-M - Final Reading Mayor Turville read the ordinance by title only and stated that the next item on the agenda relates to this one. He then asked Planning Director Brown to explain the request. Planning Director Brown stated that the applicant, Ed Jordan, requests annexation into the City of the property where he has his law office, located on the north side of SR 50 west of Sonny's. He stated that Mr. Jordan plans to have professional office buildings north of the existing office and Staff recommends approval. Council Member Mullins asked if Omar Street will be changed in development of this property, and asked if the street is located on Mr. Jordan's property. Planning Director Brown stated that the street is a county right of way and any development of · Mr. Jordan's property would require a Conditional Use Permit, therefore the issue could be addressed at that time. . Council Member Mullins asked if annexing the property into the City also annexes the street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING · APRIL 24, 2001 Page 10 City Attorney Guthrie stated that,-since we are only annexing one side of the street, it would have to be worked out with the County for the annexation of the roadway. Mayor Turville stated that since Mr. Jordan has not requested a Conditional Use Permit at this time he feels that he has good intentions in regard to the development of the property. Mayor Turville asked for public comment. There was none. .4 motion was made by Council Member Mull. ins, seconded by Council Member Renick, and carried b¥ unanimously by roll call vote to adopt Ordinance No. 419-M. Ordinance No. 420-M - Final Reading Mayor Turville read the ordinance by title only and asked that Planning Director Brown give an explanation of the request. Planning Director Brown stated that prior to annexation into the City the property had two Lake County zoning designations, CPfPlanned Commercial and RI/Residential Professional. He stated that upon annexation into the City it is automatically assigned a zoning of UE/Urban Estate. Therefore this request is for rezoning from LIE/Urban Estate to R3/Residential Professional. He stated that this rezoning is appropriate for the current use and for the proposed future use. Staff recommends approval of the rezoning. Mayor Turville asked for public comment. There was none. A motion was made by Council Member MacLauchlin, seconded b¥ Council Member Mullins, and carried unanimously by a roll call vote to adopt Ordinance No. 420-M. At this time Jimmy Crawford requested that the City Council table his requests to await a traffic study. Resolution No. 1197 A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to table Resolution No. 1197 until the May 8, 2001 Council Meeting (time certain). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 11 Crawford Variance Request ~4 motion was made by Council Member Mullins, seconded b? Council Member MacLauchlin, and carried unanimously to table the Crawford Variance Request until the MaF 8, 2001 Council Meeting (time certain). Ordinance No. 421-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that this is a request for annexation of 2.2 acres located on the south side of SR 50 and directly across from the Kash n Karry shopping center and that this property is surrounded to the north, west and south by City property. He stated the planned development of this property is for a medical office complex with commercial uses. Staff feels this is appropriate for the area and recommends approval of the annexation request. Mayor Turville asked for public comment. There was none. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously by roll call vote to adopt Ordinance No. 421-M. Ordinance No. 422-M - Final Reading Mayor Turville read the ordinance by title only and stated this request is for rezoning of the property described in Ordinance 421-M. Planning Director Brown stated the applicant is requesting a rezoning to C-1/Light Commercial to allow for the professional office and the light commercial uses that are'proposed for the site. Staff supports the request. Mr. Jimmy Crawford, legal representative for this project, stated he was available to answer questions. Mayor Turville asked for public comment. There was none. A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously b¥ roll call vote to adopt Ordinance No. 422-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 12 Ordinance No. 423-M - Final Reading Mayor Turville read the ordinance by title only and asked Planning Director Brown to give an explanation. Planning Director Brown stated that the applicant, South Lake County Foundation, is requesting a small scale comprehensive plan amendment to change the future land use district and classification from NED-6/Residential to EBD-1/Central Business District for this property owned by Jack and Joyce Amann. He stated the property is located on the west side of Center Lake and is curt'early being used as a residence and beauty salon. He stated the applicant plans to use the property as the offices for the South Lake County Foundation and the request to change to Central Business District is to allow for professional office classification. Staff recommends approval of the request. Mayor Turville asked for public comment. There was none. ~1 motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously by roll call vote to adopt Ordinance No. 423-M. Ordinance No. 424-M - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders stated that every five years the City has to renew its Consumptive Use Permits for all its wells through the St. Johns River Water Management District and that at the last renewal it was strongly recommended that the City adopt a tiered rate schedule as a water conservation measure. Mr. Saunders stated that a tiered schedule consists of cost tiers based on gallons of water used. He stated that the City is now going through its renewal process for Consumptive Use Permits again and with the drought St. Johns River Water Management District has gotten tougher on permit renewals. He stated that the City was told early on that this would be a requirement of the permit renewal. City Manager Saunders stated that, based on the new rate system, if you use less that 10,000 gallons of water per month, you will not see a change on your water bill. He stated that at the direction of the City Council a survey was done of the homes and it was determined that, without irrigation, an average home should be able to operate on 10,000 gallons or less per month, which is where the first tier was placed. Then between 10, 000 and 20,000 gallons of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 13 water there will be a 30% increase in the rate, and finally the rate increase is 100% for users over 20,000 gallons. City Manager Saunders explained that there are two separate water systems in the City. He stated there is an old system that serves from Grand Highway west that was put in place many years ago, and that those property owners had paid assessments and other fees early on to help pay for that system. He stated that the east water system is fairly new and the original system was purchased from Greater Construction (two wells and some lines) with some additions added later. He further stated that the water does not flow between the two systems and they are accounted for in two separate accounting systems requiring two different rate structures. City Manager Saunders stated that because of the regulations on notifications, the rate increases will be reflected on the June 29, 2001 billing. A concerned resident asked if this new rate schedule affects everyone. City Manager Saunders stated that it does. A concerned resident of Kings Ridge asked if the rates apply to irrigation at Kings Ridge. Mayor Turville stated that Kings Ridge has been plumbed for reuse water for irrigation and the residents pay a separate fee for that water. Adrian Ringland, resident of Whitehall at Kings Ridge, stated that Kings Ridge and the City are both charging the residents for the reuse water. Mayor Turville stated that at the last meeting a Kings Ridge resident has also brought this up and the Council had advised that the Homeowners' Association needs'to meet with Lennar Homes on this issue. He explained that the City and Lennar have an agreement for the City to furnish reuse water to Kings Ridge. He stated that the East Treatment Plant is not complete and will be on line in the next 18 months or so, in the meantime Lennar Homes is using an irrigation well to furnish that water. The City is collecting the reuse fee with the intent of returning it to Lennar Homes. City Manager Saunders stated that the confusion lies with a fee that Lennar is charging to the residents of Kings Ridge for maintenance of the irrigation system. He stated that there are two different charges but both may be labeled irrigation, with the Lennar charge being for maintenance and the City charge for the actual product. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 14 Ms. Ringland then asked when the east water system would be paid for and ifa reduction in the water bill will result. City Manager Saunders stated that Kings Ridge does not pay more for water than anyone else on the east system. He stated that the City Council looks at the cost to nm that system each year · during budget sessions and adjusts the rates accordingly. He stated that the City is several years down the road from being debt free on that system. A resident of Kings Ridge asked if there was a way to even up the charges between east and west systems. Council Member Renick asked if the residents of the older section should pay higher rates to help equalize the overall rates between east and west systems. City Manager Saunders stated that a few years ago when the two rate schedules were established it was decided that the older part of town should not have to' subsidize the new part of town because those people had already paid their fair share to establish their own system. City Manager Saunders stated that the east rate structure was actually inherited when the City purchased the Greater water system. He stated that the Public Service Commission had set the original rate structure. He stated that if the base rate of the structure were adjusted then an adjustment would have to be made elsewhere to accommodate the lost revenue. Mayor Turville stated that the rate schedule that was in place on the Greater water system before the City purchased it was designed to retire the debt service on the construction of that plant. He stated that the City probably paid more than was owed for that system but did not increase the rates. He stated that residents using each system (east and west) are paying the debt service for that system, with the difference being that the east system residents have a newer debt. Mayor Turville stated that it is important to ensure that the meter readers read every meter every month and that a memorandum should go out to that effect. City Manager Saunders stated the only time a meter is not read is perhaps when it is unreachable due to trash, etc. He further stated that the billing clerks notify the readers ifa reading does not come up in that month. A resident asked if the boundaries of the City keep expanding, would that increase or decrease the water bills? CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 15 Mayor Turville stated it depends upon where the property being annexed is located. If it is close to the existing system it would help decrease, if not it would increase. The resident then asked if the City or the developer pays for the water piping to run the City water lines to an annexed property. Mayor Turville stated the developer pays for that. City Manager Saunders stated that a larger customer base would he.lp bring the cost of the system down. Jim Purvis asked the Council if there is troth to the rumor that the City of Oakland asked the City of Clermont to extend water and sewer lines east on SR 50 so that they could develop farther. City Manager Saunders stated that he had talked casually with the Mayor of Oakland on one occasion regarding Clermont providing sewer only to the Oakland area. Mr. Saunders stated he responded to the Mayor's request by stating that he did not think that was a possibility. 91 motion was made by Council Member Renick, seconded bp Council Member Mullins, and carried unanimously by roll call vote to adopt Ordinance No. 424-M. Levitt Homes Variance Request Planning Director Brown stated the applicant is requesting a variance at 1022 Hidden Bluff in the Summit Greens subdivision to allow for a side yard setback of 6.2 feet rather than the 7.5 feet per code. He stated that the foundation for the home was improperly laid out and the home was under construction before the mistake was discovered. Staffrecommends approval of the request. Council Member Mullins asked what would be done to correct the problem on the adjacent Lot 120. Mayor Turville opened the public heating at this time. Deputy City Clerk Studdard swore in the following: Ron Ring, Levitt Homes, 535 Largo Vista Drive, Winter Garden, spoke on behalf of the developer and stated that Lot 120 has not been sold but that any prospective buyer would be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 16 made aware of the problem. He further stated that typically the surveyor goes out prior to commencement of construction to ensure that everything is accurate but that the system had failed on this one. Construction was to the point of the roof being put on when the problem was discovered and construction has stopped until a solution has been achieved. Mayor Turville stated that it is not often that developers admit to this type of problem and he appreciated the honesty. A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to approve the variance request. Resolution No. 1195 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant, First United Methodist Church, is requesting an amendment to an existing Conditional Use Permit to allow the expansion of the church meeting facilities in the former church parsonage on 7th Street. The former parsonage would be used for classroom space for Sunday school, Bible school and other meetings. The property is located to the east of the church directly across 7th Street from the education building. Planning Director Brown stated that Staff feels this is an appropriate use for this space and that adequate parking is available, therefore Staff recommends approval of the request. Mayor Turville asked for public comment. There was none. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to approve Resolution No. 1195. Resolution No. 1196 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant, Heart House Community Church, is requesting a Conditional Use Permit for the temporary operation of a church at the Emerald Lakes Shopping Center for approximately two years. Mr. Brown stated that parking would be adequate during the hours of operation and Staff recommends approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 17 Mayor Turville asked City Attorney Guthrie ifa condition should be added regarding the close proximity ora restaurant in the same shopping center that serves alcohol. City Attomey Guthrie stated the restaurant was established prior to this request, therefore it is assumed that the Church is aware of its close proximity. Mayor Turville asked for public comment. There was none. ,4 motion was made by Council Member Mac£auchlin, seconded by Council Member Mullins, and carried unanimously to approve Resolution No. 1196. 1375 Lake Avenue - Proposed Legal Action City Attomey Guthrie stated that he had done title work and research in December 1999 on this property in order to determine the City's position on who owns this property on the lake. He stated that he had concluded that the City owns the property based on two key components of his research. Mr. Guthrie stated the first is that Mr. Falzon's title to the property is fi:om himself to himself and the second involves special legislation in the 1880s and again in the late 1920s. He stated the legislature charged a surveyor to produce aa official map both in the 1880s and in the late 1920s and then adopted the map. He stated the maps show this particular property across Lake Drive on Lake Winona as City property, City Attomey Guthrie stated that Mr. Falzon had been given this information in December of 1999 but since that time he has obtained a DEP permit claiming to be the owner of the property and has done some substantial land clearing there. He stated that if the City wishes this to stop it must take some action. Mr. Guthrie stated the Code Enforcement Board only has the power to fine for violations of this nature but cannot take action to compel someone to stop activity; therefore his opinion is that the City must take legal action to resolve ownership of the property. City Attorney Guthrie stated the action would first declare the City and Mr. Falzon's fights in regard to that property, then to prevent Mr. Falzon fi:om trespassing onto the property. Mr. Guthfie requested authorization fi:om the City Council to file this lawsuit. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 18 Discussion followed regarding the history of this problem and there was a general consensus that it is necessary to file the lawsuit. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to authorize the filing of appropriate legal action by Ci~_ Attorney Guthrie against Mr. David Falzon. Mayor Turville asked if anyone wished to speak to the Council on any other issues. Mr. Ladd Fassett, legal representative of The Right Stuff, applicant for the proposed car wash, stated he had spoken to Deputy City Clerk Studdard and she had advised him that, based on where the item was located on the agenda, the request should be heard after 8:00 p.m.; therefore he had arrived at 8:00 p.m. Mr. Fassett requested that the City Council make a motion to reconsider the item at the next City Council meeting in order to hear the applicant. He stated he did not know the details of the direction Staff had been given in regard to Lakeview Drive, but that the applicant would oppose such action. Mayor Turville stated a motion was made to direct Staff to draft an ordinance closing the southern end of Lakeview Drive. He stated it was handled in that manner in order to ensure that the applicant would be in attendance at. the next meeting to participate at that hearing. City Manager Saundcrs stated that the introduction of that ordinance would be at the next City Council meeting on May 8, 2001, with the final hearing being on May 22, 2001. Mayor Turville stated the actual debate and public hearing of this issue would occur on May 22, 2001. Mr. Fassett stated he understood that it would not be fair tO discuss the issue further this evening with those residents of Lakeview Drive not being present, but that it would not be fair to let tonight's actions stand without hearing the owner. He requested that the City Council set aside the decision made tonight and place it on the agenda for the next Council meeting. City Attomey Guthrie stated that, in faimess to the applicant, a discussion could occur prior to the introduction of the ordinance. Mr. Fassett and Mayor Turville stated this was an agreeable solution. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 24, 2001 Page 19 A resident of Kings Ridge commended the new Clermont Fire Station in the area for responding quickly to a resident in his neighborhood and doing a good job. A concerned resident spoke about the school zone at Windy Hill Middle School. He stated thaf the posted area only has one small sign at the beginning of the zone and is posted in such a way that it appears there are two signs declaring the end of the zone. City Manager Saunders stated he had checked into this issue and found that the signs are posted according to traffic standards on this section of County road. He stated he had suggested to the County that they consider flashing lights and that he would check back with the County on it. Mr. Saunders advised that residents should contact the Lake County School Board with that suggestion. There being no further business, the meeting was adjourned at 9:37 p.m. Hal Turville, Mayor Attest: