Loading...
12-10-2002 Regular Meeting City of Clermont -MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 1 A regular meeting of the City Council of the City ~f Clermont was held Tuesday, December 10, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, 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 Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES A motion was made bv Council Member Renick, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held November 26, 2002. REPORTS City Manager Saunders City Manager Saunders reminded the City Council of its workshop meeting to be held December 19, 2002 at 6:00 p.m. at the Police Department Community SerVices Room and suggested that they schedule another workshop on December 16, 2002 at the same time and place in order to accommodate all items of discussion. It was the consensus of the City Council to schedule the workshop for December 16, 2002. City Manager Saunders then stated that Lake County had called earlier today and can meet in a joint workshop either on the morning of January 23 or January 24, 2002. He suggested that the meeting take place at the Lake Sumter Community College South Lake campus. It was the consensus to schedule this joint workshop with Lake County for the morning of January 24, 2002. City Manager Saunders also reminded the City Council that the regular meeting of December 24, 2002 was cancelled. Council Member Mullins Council Member Mullins stated that the Christmas parade held this past weekend downtown went well and that the downtown area looks very nice. Mayor Turville Mayor TurVille distributed copies of letters he had received from Nancy Fullerton on behalf of Alliance to Protect Water Resources, Inc. regarding the old sand mine property west of the City on State Road 50 and their Palatlakaha River concems associated with this project. He suggested that the City Council discuss this issue further at a workshop meeting. i City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, December 10, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, 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 Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES ~4 motion was made bp Council Member Renick, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held November 26, 2002. REPORTS City Manager Saunders City Manager Saunders reminded the City Council of its workshop meeting to be held December 19, 2002 at 6:00 p.m. at the Police Department Community Services Room and suggested that they schedule another workshop on December 16, 2002 at the same time and place in order to accommodate all items of discussion. It was the consensus of the City Council to schedule the workshop for December 16, 2002. City Manager Saunders then stated that Lake County had called earlier today and can meet in a joint workshop either on the morning of January 23 or January 24, 2002. He suggested that the meeting take place at the Lake Sumter Community College South Lake campus. It was the consensus to schedule this joint workshop with Lake Cotmty for the morning of January 24, 2002. City Manager Saunders also reminded the City Council that the regular meeting of December 24, 2002 was cancelled. Council Member Mullins Council Member Mullins stated that the Christmas parade held this past weekend downtown went well and that the downtown area looks very nice. Mayor Turville Mayor Turville distributed copies of letters he had received from Nancy Fullerton on behalf of Alliance to Protect Water Resources, Inc. regarding the old sand mine property west of the City on State Road 50 and their Palatlakaha River concerns associated with this project. He suggested that the City Council discuss this issue further at a workshop meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 2 Council Member Caputo then asked the Council if anyone would be available to speak at the Kings Ridge monthly meeting on December 12, 2002. Council Member Renick stated she would do so. CONSENT AGENDA Mayor Turville asked if anyone wished to pull any of the items of the Consent Agenda for discussion. Item 1 - Item 2 - Item 3 - Item 4 - Item 5 - Irrigation Lab Contract Downtown Drainage Improvements Change Order Indian River Industrial Contractors Change Order Hartman & Associates Request for Reimbursement Approval Springstead Engineering East Side Reclamation Facility Consumptive Use Permit Application Request for reimbursement of field usage fee for East Ridge High School on November 23, 2002 Council Member Renick pulled Item 2 for discussion. Council Member Ash pulled Item 4 for discussion. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve Items 1, 3 and 5 of the Consent Agenda. Consent Agenda Item 2 - Downtown Drainage Improvements - Springstead Engineering City Manager Saunders stated that drainage problems not anticipated but created by the curbing and planters as a part of the Downtown Streetscape construction are located on Eighth Street about mid block between Desoto Street and Montrose Street and at the comer of West Avenue and Montrose Street. He stated that City Engineer Richardson recommends in her memo that Springstead Engineering address and recommend the proper modifications. Council Member Renick asked if the contractor is liable for this problem. City Manager Saunders stated this is not a design flaw or mistake. He stated that he had originally assumed this to be an engineer problem but then realized this could not have been anticipated with the retrofit and that we would have been charged for additional work if this had been realized up front. Mayor Turville asked Staffto keep the property owners involved informed. A motion was made bp Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Item 2 of the Consent Agenda. Consent Agenda Item 4 - Change Order- Hartman & Associates - Consumptive Use Permit Application Council Member Ash asked if this would be the final bill for this item. City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 3 City Manager Saunders stated it would be. He stated the City had anticipated that the Consumptive Use Permit renewal process would take 6 months but it had taken 18 months. He stated that City Engineer Richardson had reviewed the billing on an hourly basis for accuracy. A motion was made by Council Member Ash, seconded by Council Member MulIins, and carried unanimously to approve Item 4 of the Consent Agenda. UNFINISI-I~D BUSINESS Ordinance No. 460-M - Introduction Resolution 1297 Mayor Turville read the ordinance by title only. City Manager Saunders stated this is a request for annexation of approximately 64.5 acres located west of U.S. 27, south of The Legends subdivision. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to introduce Ordinance No. 460-M. City Manager Saunders then recommended that Resolution No. 1297, the request for Conditional Use Permit to allow the addition of the approximate 64.5 acres as shown under Ordinance No. 460-M, be tabled to the meeting of January 28, 2003 to allow time for the Planning & Zoning Commission to hear the request. He suggested that the final reading of Ordinance No. 460.M be tabled to the meeting of January 28, 2003 so that both requests can be heard at the same time. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to table Ordinance No. 460-M and Resolution No. 1297 to the meeting of January 28, 2003. Variance Request - Jimmy D. Crawford Planning Director Brown stated the request is for a variance to allow a 50 foot habitable and a 55 foot total building height for the Holiday Inn Express at 1810 South U.S. 27 rather than the 35 foot habitable and 45 foot total height allowed by Code. He stated the applicant is proposing to construct a 5 story, 35 room addition at the rear of the current project and displayed an overhead depiction of the site. Planning Director Brown spoke regarding this request for variance to the height limit as opposed to past variances that have been granted. He stated that other projects were not adjacent to residential areas but this one is. He then spoke regarding letters of opposition received fi:om neighboring properties. Mayor Turville opened the public hearing at this time. Jimmy Crawford of Gray, Harris & Robinson, P.A., 1380 Grand Highway, legal representative for the applicant, displayed a site depiction and stated the original plan approved for this site included landscaping and parking for this expansion. He stated that the 35 room planned addition would reach the parking capacity for the site. He stated that no rear entry, parking or windows are planned to lessen the noise. He spoke regarding their willingness to provide additional buffering and stated that technically the request is for one foot over the limit on the upside. .City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 4 Mr. Crawford then distributed letters of support from the South Lake Chamber of Commerce, the South Lake Economic Development Council and the Department of Economic Development and Tourism and spoke regarding them. Deputy City Clerk Studdard swore in the following: Terry Knorr-March, 2299 Lakeview Avenue, General Manager of the Holiday Inn Express, spoke regarding the need for more space and regarding her efforts on behalf of the community. She stated she would work with the City Council to add landscaping or any other requirement and commented she would prefer to add 35 rooms to the existing site rather than build a new hotel. Mr. Crawford stated he understood the concerns of the neighbors but that this project will have a visual impact no matter what. He stated that the project will be completed with this addition. Discussion followed regarding the neighboring property owners' visual impact from this addition and regarding rooftop design. Council Member Ash asked how many rooms can be built if the project meets Code requirements. Mr. Crawford stated that the same number of rooms can be built with a different roof but to drop a floor would lose seven rooms. Mayor Turville asked if parking on the site is sufficient. Discussion followed regarding parking. City Manager Saunders verified that sufficient parking would be provided. Mayor Turville stated concerns that the neighboring residential properties could decrease in value and asked if the parking lot elevation would be at the neighbors' rooftops. Rick McCoy, McCoy & Associates, 713 West Montrose Street, engineer for the project, stated the Mayor's estimation regarding elevation is accurate and spoke regarding retaining walls, landscape buffers and driveway changes. Mayor Turville asked how close this would be to the closest neighbor. City Manager Saunders stated from the driveway there would be a 10 foot landscape buffer, then a retaining wall and then a 3/1 slope. Mayor Turville closed the public heating at this time. Discussion followed regarding this request versus similar approved variances in the past. Mayor Turville stated that the closest neighbor won't get sunshine until approximately 11:00 a.m. every day. Council Member Caputo stated this request is to allow the addition of 3 feet since they have the ability to build at 45 feet according to Code. Mayor Turville asked if the Conditional Use Permit would be amended. City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 5 Planning Director Brown stated there was no Conditional use Permit needed or granted. Council Member Renick clarified that the variance is for more than 3 feet as suggested by Council Member Caputo. City Manager Saunders stated they could only build to 35 feet without a variance. Council Member Caputo stated they can build to 45 feet at the roof and that the external visible difference is only a few feet. Discussion followed regarding the appearance of the addition. Mr. Crawford concurred with Council Member Caputo that visually the difference is minute and stated that economically the difference is huge. Council Member Renick asked if the reason for Staff's recommendation of denial is because of possible future problems. Planning Director Brown stated that granting this variance would not set a precedent. City Attorney Guthrie stated that each variance is heard on its own merits. Discussion followed regarding the appearance of the proposed addition, particularly the roof. Council Member Ash stated she would have less difficulty approving 48 feet than 55 feet. Council Member Caputo asked Planning Director Brown if he would still be opposed to this use if it met Code. Planning Director Brown stated he would not. Council Member Mullins suggested that the City Council approve an overall height of 45 feet and delete the habitable portion of the variance. He stated this would not change the outside appearance while offering the possibility of 35 rooms under roof. City Manager Saunders suggested that the City Council grant a variance of 45.5 feet in height overall, habitable or not, to match the existing building on the site. .4 motion was made by Council Member Caputo, seconded bp Council Member Mullins, and carried bp a vote of three to two to approve a variance to allow 45 feet, 6 inches of overall height, with Mayor Turville and Council Member Renick being opposed. VISITORS WITH BUSINESS Lost Lake Reserve - Request for Formal Motion City Manager Saunders stated that at the City Council meeting of November 26, 2002 a motion was made to approve Resolution No. 1294, a request for a Conditional Use Permit to allow mass grading and to allow a single retail establishment to occupy more than 100,000 square feet of retail space for the Lost Lake Reserve development. He stated that this motion failed by a vote of three to two. He stated that the City has received a City of Clermont MINUTES REGULAR COUNCIL 'MEETING December 10, 2002 Page 6 letter from Cecelia Bonifay of Akerman, Senterfitt as representative of the Lost Lake Reserve requesting that the City Council make a second, formal motion of denial. City Manager Saunders spoke regarding his as well as City Attorney Guthrie's position that there is no need for an additional motion, as stated in their memos. City Manager Saunders then stated that the Conditional Use Permit should be readdressed in a timely manner as certain minor amendments and grading plan adjustments are necessary in order to comply with the Development of Regional Impact requirements and the Citrus Tower Boulevard road plans. Mayor Turville stated he had asked City Attorney Guthrie at the November 26, 2002 meeting how best to proceed after the vote in order to allow the applicants to work with Staff and bring the request back to City Council. City Attorney Guthrie recommended that Resolution No. 1294 be placed on the January 28, 2003 City Council agenda and suggested that the applicants would have the ability to revise the request. He stated that while he disagrees with Ms. Bonifay's argument that another motion is needed, the motion and resulting vote of the last meeting allows the City Council to place the item back on the agenda without further advertising requirements since a portion of that resolution must be heard. Council Member Renick asked if there is an obligation to hear the request again. City Attorney Guthrie stated that procedurally the resolution failed or was not adopted since the motion did not pass. He stated that the City Council has the discretion to hear Ms. Bonifay's comments along with those of Staff in order to make a determination. Council Member Caputo clarified that portions of the Conditional Use Permit must be considered i.n order for the project to move forward. Council Member Renick asked if the exact resolution has to be brought back. City Manager Saunders stated the option he suggested was to place the same request on the January 28, 2003 meeting agenda so that the City Council could readdress or modify it as needed. He stated that Staff wishes to bring it back in order to finish what was approved for the Development Order, which would allow Citrus Tower Boulevard and the development to move forward. City Attorney Guthrie stated that procedurally the Planning & Zoning Commission would not need to hear the request again since it would be the same request. Mayor Turville clarified that it would be up to the applicants what to bring back, which would determine what process they would go through. Cecilia Bonifay stated that after hearing the discussion tonight and an earlier review of the minutes of the November 26, 2002 meeting, they wish to meet with Staff and bring the same request to the meeting of January 28, 2003 in order to address the compliance issues necessary for the Development Order. She stated they would also bring additional information regarding the grading request and possibly be able to show more user information for the single retail big box. Council Member Renick stated she does not wish to hear the elements of the resolution that were the reason for the original denial again. Discussion followed regarding this issue. C'i'ty of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 7 City Manager Saunders stated that the difference is timing. He stated that the applicants can reapply and bring the request back in 2 to 3 months or the City Council can hear it at the January meeting as requested. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to place Resolution No. 1294 on the City Council agenda of January 28 2003. NEW BUSINESS Lake County - Joint Planning Mayor Turville read a letter proposed by Council Member Renick to Lake County Board of County Commissioners Chairman Welton Cadwell requesting a joint workshop to discuss joint planning issues and requesting that the Board postpone land use decisions at our borders until after that workshop could be held. Council Member Renick stated that Lake County has agreed to a joint workshop meeting in January but that the letter is important since the agenda for the December 17, 2002 Board of County Commissioners contains a great deal of land use requests that could impact the City greatly. Discussion followed regarding the timing and delivery of the letter. Council Member Renick suggested that City Manager Saunders attend the December 17, 2002 Board of County Commissioners meeting as well. Mayor Turville suggested that a closing salutation be added and suggested a change to the last sentence of the letter. Council Member Mullins stated that since the language of the letter requests that all land use decisions at our borders be postponed until such time as a joint planning agreement can be executed, the City Council should discuss when that might occur. City Manager Saunders stated that the Board could change their policy decision at any time between now and then. City Attomey Guthrie concurred with that assessment. Mayor Turville stated the letter is a request that expresses the City's concern. Doug Doudney, 824 N. Highland Avenue, Orlando, spoke as part owner of property on Hartwood Marsh Road regarding his request for a Land Use Amendment being on the December 17, 2002 Board of County Commissioners agenda. He stated that he has been in this process for one and a half years and to delay the request would be onerous. Mayor Turville cautioned that discussion should remain with the letter itself regarding future land use issues and expressed his doubt that the County Commission will take action on the letter. Cecelia Bonifay spoke regarding the history of joint planning at the Lake County level and regarding specific requests to be heard by the County Commission on December 17, 2002. City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 8 Charlie Weatherbee, 2120 the Crescent, spoke regarding a water retention problem at his property on the comer of West Avenue and Montrose Street as a result of the new streetscape construction. Mayor Turville stated that approval was given earlier this evening for Springstead Engineering to address this problem. Nancy Fullerton, 368 Montrose Street, spoke as President of Alliance to Protect Water Resources, Inc. and encouraged the City Council to sign the letter. Council Member Mullins stated he was uncomfortable with the idea of asking the County Commission to table land use requests until the execution of a joint planning agreement since we have been waiting 12 years for it. A motion was made by Council Member Caputo, seconded by Council Member Ash, and carried by a vote of four to one to send the letter, amended to including a closing salutation, with Council Member Mullins being the opposing vote. Lake Utilities, Inc. - Legal Services City Manager Saunders stated that the City Council had given Staff direction earlier in the year to send a letter of objection to the Public Service Commission regarding the Lake Utilities, Inc. request to expand its service area. He stated that the City will need additional counsel in order to respond appropriately to requests as the legal process continues and to represent the City in front of the Public Service Commission. He recommended that the City Council retain the services of Nabors, Giblin and Nickerson, P.A. upon City Attorney Guthrie's suggestion. Mayor Turville suggested that the City Council put a cap on expenditures to require that approval for amounts above a certain level come back for further approval. City Attorney Guthrie recommended that the City Council do so as the tempo is expected to pick up early in 2003. He recommended a cap of $10,000 with the requirement that the firm come back to City Council for authorization of any further expenditures. Council Member Renick asked if this expenditure is necessary. City Attomey Guthrie explained that this firm is specialized and is located in Tallahassee. Discussion followed regarding the properties affected by this application. Richard Gonzales of Center Lake Properties stated he has three properties he is interested in annexing into the City and asked for clarification of whether the City Council is interested in bringing his properties into the City so that he might support who will service these properties. Mayor Turville stated that the City Council cannot discuss future land use issues and indicated that Mr. Gonzales' properties will have service from one or the other. Mr. Gonzales asked if it was the intention of the City to provide service to the Orange County line along State Road 50. Mayor Turville stated that earlier it had been the intention of the City, prior to the resource issue. Cit~ of Clermont · MINUTES REGULAR COUNCIL MEETING December 10, 2002 Page 9 A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve legal representation by Nabors, Giblin and Nickerson, P.A. regarding the Lake Utilities, Inc. matter, with the requirement of further authorization above $!0,000. Council Member Ash commented that she drives by the Family Christian Center daily and has noticed they have their old and new sign up. She further stated that the new sign does not conform to the requirements. Planning Director Brown stated he would direct the Center to take down the old sign and address the conformance issue related to the new one. Mayor Turville stated that the City Council had reached the end of the meeting agenda and asked if anyone wished to speak on any other issue. There being no further business, the meeting adjourned at 9:15 p.m. Hal Turville, May~r