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04-10-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 10, 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, City Engineer Richardson and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes o£the Council Meeting heM March 27, 2001, and minutes of the Council Workshop Meetings hem on January 18, January 25 and February 15, 2001. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that he would look at tentative dates for a Council Retreat within the next 4 to 5 weeks and come back to the City Council for final date. Council Member Biddle stated that he would be unable to attend a Retreat on May 11th or May 25th. COUNCIL MEMBER RENICK'S REPORT Council Member Renick stated that she is the Liaison to the St. Johns River Water Management District and that she is in the process of writing a Resolution requesting changes to the St. Johns River Water Management District system. She stated that she had taken the rough dra~ of the Resolution to St. Johns today and met with Gene Caputo, the inter-governmental coordinator at St. Johns River Water Management District, and that Mr. Caputo had given her some excellent ideas and input and would be coming here on Monday to work on it further. Ms. Renick further stated that Mr. Caputo would like for the St. Johns River Water Management District Attorney to meet with our attorney to go over the language of the document and the Resolution would then be presented to the City Council, preferably at a Workshop. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 10, 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, City Engineer Richardson and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made bp Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the Council Meeting hem March 27, 2001, and minutes qf the Council Workshop Meetings hem on Januar? 18, Januar~ 25 and Februar~ 15, 2001. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that he would look at tentative dates for a Council Retreat within the next 4 to 5 weeks and come back to the City Council for final date. Council Member Biddle stated that he would be unable to attend a Retreat on May 11th or May 25th. COUNCIL MEMBER RENICK'S REPORT Council Member Renick stated that she is the Liaison to the St. Johns River Water Management District and that she is in the process of writing a Resolution requesting changes to the St. Johns River Water Management District system. She stated that she had taken the rough draft of the Resolution to St. Johns today and met with Gene Caputo, the inter-governmental coordinator at St. Johns River Water Management District, and that Mr. Caputo had given her some excellent ideas and input and would be coming here on Monday to work on it further. Ms. Renick further stated that Mr. Caputo would like for the St. Johns River Water Management District Attorney to meet with our attorney to go over the language of the document and the Resolution would then be presented to the City Council, preferably at a Workshop. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 2 Council Member Renick stated that the changes primarily concern giving the St. Johns River Water Management District more control of the Consumptive Use Permit area and issues regarding our aquifer. City Attorney Guthrie stated that Mr. Caputo could contact him to set up that meeting and he would then bring that information back to the Council. MAYOR TURVILLE'S REPORT Mayor Turville stated that he and City Manager Saunders had attended a County Workshop regarding the Joint Planning Area. He stated that he had spoken to the Planning & Zoning Department about the history of the Joint Planning Initiative and to give them some idea of what their role in this would be. 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 No. 1-Final Plat Approval Item No. 2- Final Plat Approval Item No. 3-Contract Approval Hartman & Associates Legends Golf Course SkyRidge Valley/Phase II Downtown Streetscape A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Items One Through Three o_f the Consent Agenda. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 3 UNFINISHED BUSINESS Mayor Turville stated that the next three items on the agenda are related and were tabled fi:om the last City Council Meeting. He then gave an explanation of the process by which developers make their requests and stated that this request is fairly common. Mayor Turville further stated that the first two of the three items are policy issues and that the third is quasi-judicial, requiring that the public be sworn in before speaking on the third issue. Annexation/Developer's Agreement Halverson Development Corp. Planning Director Brown stated that this item is an annexation agreement to accompany the next item on the agenda, the request for annexation. He stated that the subject property is approximately 10 acres located at the SE comer of US 27 and Hartwood Marsh Road and that the project includes four commercial out parcels. He stated that the project meets the criteria for land use and zoning criteria for Lake County, and has been approved by Lake County for development. Mr. Brown stated that, since the City of Clermont is the reasonable water and sewer provider for the project, the developer requests that the City annex the project to provide water and sewer services as well as police and fire. Mr. Brown then stated that the significant issue of this agreement is that the City would allow a convenience store to be developed on one of the out parcels without going through the City's Conditional Use Permit process. Mr. Brown then displayed the project by overhead projection and stated that all other out parcels would be developed by the City's land use regulations. Mayor Turville then asked if anyone would like to speak on this issue. Tom Vincent, 9133 NW 52nd Court, Coral Springs, FL, of Halverson Development Corporation and the applicant for the project, spoke regarding this agreement and stated that he was is willing to stipulate that the hours of operation of the gas station/convenience store would be limited and that the gas station/convenience store would develop on out parcel #2. He then stated that he would answer questions as needed. Chuck Graves, 4218 Chamberlain Way, spokesperson for the Whitehall section of Kings Ridge, stated that they have no objection to the proposed gas station/convenience store as long as the hours of operation are not 24 hours. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 4 Jerry Turner, 4322 Hammersmith Drive, Clermont, spoke as a resident of Kings Ridge and stated that when this project was originally proposed to the County for approval there had been 15.5 acres but now there seems to only be 10 acres. He asked what had happened to the other 5 acres? Mr. Vincent stated that he only owns the 10 acres involved in the current proposed project and the other acreage, located to the east of his development, is still owned by the landowner he purchased from. Mr. Turner asked if Mr. Vincent knows of the future plan for the 5.5 acre parcel adjacent to his project. Mr. Vincent stated he does not. Len Hammell, 2242 Avondale Circle, Clermont, spoke as a resident of Kings Ridge and asked if this is the project that was before the County this week. Planning Director Brown stated it is not and gave Mr. Hammell the location of the property he was interested in. Chuck Boling, 4111 Hammersmith Drive, Clermont, spoke as a resident of Kings Ridge asked if there was any plan for a traffic light at the intersection at this project. He also inquired where the access to the convenience store would be located. Planning Director Brown stated that this will be a signalized intersection but that the planned time of installation for that traffic signal is not known as yet. Dwayne Booth, Famer, Barley & Associates, 350 Sinclair Ave., Tavares, engineer for the project, displayed and explained the access points to the convenience store. Mayor Turville asked if there is stacking capacity in the plan. Mr. Booth stated there is capacity in the plan and that they will time the construction of the road to coincide with the completion of the project. Mayor Turville asked the timing for completion of the road. Mr. Booth stated approximately 60 days. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRgL 10, 2001 Page 5 Gall Ash, 3912 Pagan Court, Clermont, spoke as a resident of Kings Ridge against this project due to the heavy traffic in the area. Mayor Turville asked Mr. Vincent if the other out parcels for the project were known at this time. He stated that fast food type users would have more impact on the traffic in the area than others. Mr. Vincent stated that the office/medical user is under contract for out parcel//4. He further stated that he has been approached by both McDonald's and Burger King and he is hopeful that he can have one of those users on this site and another in the Publix shopping center across Hartwood Marsh Road. Mayor Turville stated his understanding is that Mr. Vincent wants to develop Out Parcel//2, the gas station/convenience store, without a Conditional Use Permit, but that he would come to the City for development of all the other out parcels. Mr. Vincent stated that is correct and that he would limit the hours open to the public to 5:00 a.m. to 12:00 a.m. for the gas station/convenience store. Mr. Graves stated that those operating hours would be reasonable for the gas station/convenience store and asked if all four out parcel users could have limited hours of operation. Mayor Turville stated that under the land use regulations some uses are allowed and some are conditional uses. He stated that the City would give up control of Out Parcel//2 because it would be developed under County guidelines, but that the City would retain control of Out Parcels 1, 3 and 4. Mr. Graves stated that he was unsure what uses need permitting and that it is not known at this time what uses will be on the other three out parcels; therefore he would like to see the restricted hours apply to all the out parcels. Planning Director. Brown stated that the permitted uses for the C-2 General Commercial zone included retail businesses, personal service establishments, professional offices, auto sales, recreation facilities, restaurants and lounges and lodges and clubs. He further stated that any of the businesses occupying over 20,000 square feet would require a Conditional Use Permit. Mr. Brown stated that some of the conditional uses included convenience stores, day care facilities, hospitals, hotels/motels and laundries. Mr. Graves stated he felt, from what Mr. Brown had just listed, that it was unlikely any of the out parcels would be have a need to operate 24 hours a day. He stated that he understood that he would have an opportunity to speak on any conditional uses before they were approved. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 6 Mayor Turville stated that a fast food restaurant with a drive-through might potentially operate around the clock. Ms. Lash asked the size of the proposed McDonald's or Burger King for the project. Mr. Vincent stated the average McDonald's or Burger King would be approximately 3,000 to 3,500 square feet, dependent upon the size of the parcel. Ms. Lash asked ifa Conditional Use Permit would be required by the City for a restaurant with less than 20,000 square feet. Planning Director Brown stated it would not. Council Member Renick asked if a requirement could be added to the Developers Agreement stipulating that all four out parcels of the project have limited hours of operation. Council Members Mullins and Biddle stated they would not want to do that. Council Member Mullins stated that the restrictions would be different than the fast food restaurant across the street. Council Member Renick stated she was under the impression that there was such a restriction in place for the out parcels across the street. Council Member Biddle stated he did not believe that there was. City Attomey Guthrie stated that any negotiated item could be added to the agreement, if desired. Mr. Hammell asked if there has been a traffic study done for this area. City Manager Saunders stated that, under the Kings Ridge DRI, there are certain thresholds where studies have to be completed with a threshold is coming up now and a meeting is scheduled for April 16th with the Regional Planning Council to look at the traffic study for the overall area, including a plan for this particular site. Dwayne Booth of Famer, Barley stated that was correct and the plan includes signalization. He further stated that this is part of the DOT process for permitting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 7 Jim Purvis, 4206 Hammersmith Drive, stated he had served on a committee as representative of the residents of Kings Ridge to discuss the Publix shopping center. He stated that there had been an agreement between Kings Ridge and Halvorsen Development to severely limit 24 hour operation of any out parcel of the center, but that the written version had never appeared. He stated that there were other issues that the residents were unhappy with since that time, therefore he suggested tabling this request until the Publix project is c6mpleted to see if the final outcome of it wan'ants allowing another project. Council Member Biddle stated that this project already has approval from the County and will go forward whether the City annexes it or not; therefore tabling the request would not accomplish anything. He stated that limiting the hours of operation of the proposed convenience store is allowing the City to get the best it can from the situation. Council Member Mullins stated that he agreed with Council Member Biddle and also stated that he feels that this is an appropriate site for a 24 hour operation, with it being a major intersection and after a long stretch of open road with no businesses open. Council Member Renick stated that the fire station in the area would serve to help motorists and disagreed regarding 24 hour operation. She stated that she has her doubts as to whether or not annexation under these conditions is the right thing to do just to benefit from the taxes. She asked what type of income the City receives from taxes. Council Member Mullins stated his reason for approving this project was not taxes. He stated that a major intersection on a major highway is an appropriate location for a gas station/convenience store. Mr. Mullins stated that the residents of that area will not go into Clermont to buy gas, the people traveling north and south on Highway 27 will buy gas in that area. He further stated that residents in other areas of Clermont will not drive to this location to buy gas. He further stated that this is to serve the traffic in the area and therefore will not increase or decrease the traffic. Council Member Biddle agreed. Mayor Turville stated he believed this is entirely an issue about taxes that used to be an issue about control, but that control had been given up in this case. He stated that if it is going in at that location whether the City benefits or not, then the only benefit to it being in the City is the taxes because it will probably be built at a lower standard than the City would require. Discussion followed regarding the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 8 Mayor Turville stated that if this agreement is approved he expects applicants to come in reserving control with a County permit on a fi'equent basis and that in the past the Council had felt they would have control, but in this particular case he felt the City would not have that. City Attorney Guthrie stated that there were amendments to the agreement as follows: Change the two (2) references to 'one of the out parcels' to read 'out parcel #2'. After the sentence regarding permitting that ends with '120 days', Add the following: 'Owner commits as a covenant running with the land, that the gas station/convenience store on out parcel #2 will not be open to the public from midnight to 5:00 a.m.' A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried by a three to two vote to approve the Annexation/Developers Agreement, as amended, with Mayor Turville and Council Member Renick being the opposing votes. ORDINANCE NO. 414-M - FINAL READING Mayor Turville read the ordinance by title only. He stated that this is the actual annexation of the property that was just discussed regarding the annexation agreement. Planning Director Brown stated that this is the ordinance that would annex the 10 acres known as the South Lake Center project. Mayor Turville asked if anyone would like to speak on this issue. Jerry Turner, 4322 Hammersmith Drive, spoke as a resident of Kings Ridge against the annexation and stated that the City of Clermont had lost control of the project. He further stated that the City needs to have a clear plan for annexation instead of the spot annexation being practiced now. Mayor Turville stated that an annexation agreement can be a good tool and that Joint Planning will accomplish a better plan for annexation. Council Member Renick stated that another City Council Workshop is being scheduled and she hopes to set limitations for annexation areas at that time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 9 A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried by a three to two vote to approve Ordinance No. 414-M, with Mayor Tur~ille and Council Member Renick being the opposing votes. ORDINANCE NO. 418-M - FINAL READING Mayor Turville read the ordinance by title only. Planning Director Brown stated that this request is to rezone the 10 acres just annexed into the City fi:om UE-Urban Estate to C2-General Commercial. He stated that there is almost always a rezoning request that accompanies an annexation request. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Jerry Turner, 4322 Hammersmith Drive, spoke about annexation in relation to this project. Mayor Turville asked if anyone else would like to speak on the issue. Mayor Turville closed the public hearing at this time. A motion was made bp Council Member Biddle, seconded by Council Member MacLauchlin, and carried by a three to two roll call vote to approve Ordinance No. 418-M, with Mayor Turville and Council Member Renick being the opposing votes. NEW BUSINESS Bid Award - East Wastewater Treatment Plant City Manager Saunders stated that this will be a reuse plant with the water coming out of it available to many properties already plumbed to receive reuse water. Mr. Saunders stated that the low bidder is Indian River Industrial Contractors, Inc. with the low base bid of $8,100,000.00. He stated that there are five alternate bids and that Staff is recommending Alternate #3, an Aeration Control System in the amount of $31,200.00, and Alternate #6, a Dewatering Building in the amount of $560,000.00. City Manager Saunders stated that makes the total bid $8,691,200.00. He stated that Staff had met with the consulting engineer for the project and a representative of Indian River Industrial Contractors, Inc. to look at ways to save CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 10 on the project. They identified $287,400.00 in savings, outlined in the attached memo. Staff recommends making those changes, bringing the total contract amount to $8,403,800.00. He stated that the numbers could fluctuate dependent upon sales tax, etc., but that Staff will come back to the Council with any changes. City Manager Saunders stated that the bond issued earlier in the year will provide $6,464,000.00 and that impact fees would provide $1,939,800.00 for this project. Council Member Biddle asked when the City anticipates the reuse water being available and where the water will go. A representative of Boyle Engineering, the consulting engineering firm for the project, stated the construction time period is 15 months and that the reuse water would be available approximately one year after start of construction. Council Member Mullins asked if any of the schools of that area would be provided reuse water. City Manager Saunders stated it was a possibility and that Hancock Park is plumbed for reuse water. He further stated that several of the subdivisions on the east side had been required to plumb for reuse irrigation as well. Mayor Turville stated the City is still negotiating with Orange County to utilize some of their reuse water as well and that hopefully there would be adequate supply for anyone who is plumbed properly. Mayor Turville asked if anyone would like to speak on this issue. Julia Loyd, a Kings Ridge resident, spoke regarding a reuse charge that Kings Ridge residents are paying and that she understands is being returned to Lennar Homes, and asked why the City is collecting this fee rather than Lennar Homes. City Manager Saunders stated that the $5.65 monthly charge on the Kings Ridge residents' utility bills is called reuse because the reuse system had been planned to come into existence earlier and that the charge should have been titled irrigation water instead. City Manager Saunders stated that the original agreement with Lermar Homes provides muse water when available, but also allows for Kings Ridge to provide supplemental water if not available; which is occurring now. This requires Kings Ridge to pump water out of wells into a reuse pond, then from the pond through the system to provide irrigation water. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 11 Mr. Saunders also stated that the City has not forwarded any of the funds to Lennar Homes at this time, but does recognize that it owes Lennar Homes that amount and an amended agreement is being drafted. Ms. Loyd stated she has reviewed the Homeowners Association documentation and stated that reuse water is part of the Homeowners Association's responsibility. She stated that the residents are charged for the maintenance of the reuse pond. She further stated that she felt the monies charged for reuse should be returned to the Association. City Manager Saunders stated that Ms. Loyd would need to discuss the issue with Lennar Homes. Ms. Loyd asked if, when Lennar Homes creates pumping stations for irrigation water for Kings Ridge North and the Legends, will the residents pay the City of Clermont for reuse water as well as Lennar Homes? City Manager Saunders again stated that she would need to discuss this issue with Lennar Homes. He further stated that the City only agreed to provide reuse water into the pond when available and that Lennar is responsible for pumping the water from the pond. A motion was made by Council Member Mullins, seconded bP Council Member Biddle, and carried unanimously to award the contract to Indian River Industrial Contractors, Inc., including alternates #3 and #6 and the negotiated savings. Ordinance No. 419-M - Introduction Mayor Turville read the ordinance by title only. Planning Director Brown stated that this is a request for annexation and is related to the next item on the agenda, a request for rezoning. He stated that this is the property where Ed Jordan has his law office and gave the general location of the property. A motion was made by Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to introduce Ordinance No. 419-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 12 Ordinance No. 420-M - Introduction Mayor Turville read the ordinance by title only. Planning Director Brown stated this request is for rezoning to accompany Ordinance 420-M. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 420-M. Ordinance No. 421-M - Introduction Mayor Turville read the ordinance by title only. Planning Director Brown stated that this is a request for annexation of 2.2 acres and gave the general location of the property. Mr. Brown stated the next item on the agenda is a request for rezoning of this property. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to introduce Ordinance No. 421-M. Ordinance No. 422-M - Introduction Mayor Turville read the ordinance by title only. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 422-M. Ordinance No. 423-M - Introduction Mayor Turville read the ordinance by title only. 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 13 A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No.423-M. Ordinance No. 424-M - Introduction Mayor Turville read the ordinance by title only. City Manager Saunders stated that this is the proposed water rate schedule that was discussed with the City Council. He stated that the St. Johns River Water Management District is requiring rate schedules that will encourage water conservation. He explained the tiered water rate schedule and stated that a survey of homes to determine average water usage as well as research of water schedules of other Cities had been done at the request of the Mayor in order to use those numbers in setting up the actual tiers. City Manager Saunders stated that notices will go out on the water bills and in the newsletter and that Staff recommends introduction. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to introduce Ordinance No.424-M. Mayor Turville asked if anyone wished to speak to the Council on any other issues. Frances Hartle spoke regarding water violations at golf courses. City Manager Saunders stated that golf courses and common irrigation areas have different watering schedules. Ms. Hartle asked about the mutual aid agreement between Fire Departments. City Manager Saunders stated that the City of Clermont currently does have a mutual aid agreement with all other agencies to provide mutual aid by request. Mayor Turville stated that the mutual aid agreement is based upon the County being the first responder in the unincorporated areas, therefore the County must respond and determine the need for aid at the scene. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 10, 2001 Page 14 He stated that the current issue is in regard to a project very near a City of Clermont Fire Station but will be serviced by the County. Chuck Boling commended the efforts of those responsible for the First Friday event last week. Richard Keith, as spokesperson for the Lakeview Drive area, requested that the proposed car wash issue be placed on the agenda for the next meeting. City Attorney Guthrie stated that the car wash would be a permitted use on that site, therefore there would be no forum for discussion unless there would be a policy issue involved. City Manager Saunders stated that Staffhad met with the developer last Wednesday and that they had passed on the concerns of the neighborhood in the hopes that the developer would work on issues that the neighborhood had, but that does not seem to be the case. City Manager Saunders then stated that the item would be placed on the agenda for the next City Council Meeting for discussion. There being no further business, the meeting was adjourned at 9:42 p.m. Attest: