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10-22-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 22, 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 Caputo, Dupee, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Studdard. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. PROCLAMATIONS Mayor Turville proclaimed the month of October as Head Start Awareness Month and as National Epilepsy Awareness Month and publicly read each proclamation into the record. Council Member Dupee spoke regarding the Head Start program coming to Clermont. MINUTES ,4 motion was made by Council Member Mu!lins, seconded by Council Member Caputo, and carried unan#nously to approve the minutes of the October 8, 2002 Cit~ Council meeting. Council Member Dupee questioned the accuracy of the time of her departure from the Jhne 6, 2002 Special Meeting. , City Manager Saunders stated he believed the time of departure should be 4:45 p.m. instead of 5:45 p.m. and further stated that the time of adjournment should be changed to 5:25 p.m. A motion was made bY Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Workshop tneetings held April 4, 2002, April 30, 2002, May 30, 2002, July 8, 2002 & July 10, 2002, and to approve the minutes of the Special Meeting held June 6, 2002, as amended. REPORTS City Manager Saunders City Manager Saunders reminded the City Council of the scheduled joint workshop with Minneola to be held on October 24, 2002 from 6:00 to 8:00 p.m. at the 2nd Floor Community Room at the Lake Sumter Community College South Lake Campus located on Hancock Road. City Manager Saunders stated that Rose Biddle of Clermont Main Street had requested that Montrose Street from West Avenue to Seventh Street be closed for the Non-Flea Market event to be held downtown on November 9, 2002. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 2 Council Member Mullins stated this event is. to coincide with the Animal League event of the same time and place. A motion was made bY Council Member Mullins, seconded by Council Member Caputo~ and carried unanimously to approve the street closing as requested. Council Member Mullins Council Member Mullins stated he had attended the Economic Development & Tourism 'Money For Fun' Workshop session last Thursday. He spoke regarding the workshop being very informative and worthwhile. Council Member Caputo Council Member Caputo stated he had been asked by John Moore and A1 Schlazer to serve on a Tourist Development Committee as a part of the League of Cities. Council Member Dupee Council Member Dupee stated that the South Lake Chamber of Commerce Business After Hours will be held at the new Marie's Cards & Gifts store on U.S. 27 on November 7, 2002. She stated that she will be attending her first Board meeting of Lake Apopka Natural Gas on Monday. Council Member Dupee then stated that the funding for the West Orange Transportation Task Force had been overlooked in the current budget and requested that an amendment be added to the budget to provide the $3500 needed for this project. Discussion followed regarding this request. Mayor Turville requested that this item be advertised for a future City Council agenda. Mayor Turville Mayor Turville stated that he had attended the East Central Florida Water Supply Initiative meeting last Thursday, which concluded Phase I of this effort. He stated that he sat on a panel of four who discussed issues of regional water resources and that these meeting had been interesting and well attended. CONSENT AGENDA Item 1 - Tournament Approval Approval of Clermont Girls Softball League Tournament to be held November 2 & 3, 2002 and request for reduction of fees Item 2 - Bid Award Reclaimed Water Main Extension Item 3 -East Side Well g4 Change Order #1 - Jaffer Associates, Ltd. Item 4 -New City Hall Change Order #2 - McCree, Inc. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 3 Item 5 - Final Plat Approval Lost Lake Tract F Item 6 - Open Air Sales & Tent Permit Request for Open Air Sales & Tent Permit for the sale of Christmas trees from November 10, 2002 through December 31, 2002 on property located on the vacant parcel next to Dunkin Donuts Mayor Turville asked if anyone wished to pull any of the six items for discussion. A motion was made b~¥ Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1- 6 o£ the Consent ~4genda. UNFINISHED BUSINESS Resolution No. 1262 - Lennar Land Partners City Manager Saunders stated that the applicant had submitted a letter requesting withdrawal of this item. VISITORS WITH BUSINESS SK Consortium, Inc. - Request for Water & Sewer - East Towne Center Mayor Turville stated this is a request for water and sewer service for property located at State Roads 50 and 455. Planning Director Brown stated that the next five items on the agenda are requests for water and sewer service for properties located east of the City limits along State Road 50. Planning Director Brown pointed out the location of this proposed project, the East Towne Center, on overhead display. He stated the project is planned as a Publix store with two commercial out parcels and that Lake County will require the project to have water and sewer service. He then stated that the projected water consumption level would be 10,000 gallons per day. Mayor Turville asked if anyone wished to speak on this issue. Jimmy Crawford, legal representative for the applicant, spoke regarding the request and stated he would answer questions as needed. Jim Douglas, 2031 Crestridge Drive, asked how providing service outside the City limits would impact water usage in Clermont. Robert Beasley, 1345 Twelfth Street, spoke regarding water restrictions and higher water rates being imposed on City residents and voiced opposition to providing service outside the City limits. Nancy Fullerton, Clermont resident, spoke regarding these requests for service in this particular area and how the City's choices are affected by the Lake Utilities issue. She spoke regarding water issues as well. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page ~1 Bill Goode, Clermont resident, asked where the City limits are located and where the current service boundaries are located. He also asked the geographical requirements to serve projects. Anthony Travelli, 860 Island View Circle, asked if these developments would be built by City Land Development Regulations. Mr. Crawford stated that water restrictions are imposed and governed by the St. Johns River Water Management District and stated that this area was included in the projected usage amount for the City's Consumptive Use Permit as residential usage, which would be higher. Casidys Suvongse, 'Principal o:f SK Consortium, the applicant, spoke regarding the project and gave details of the development. He then spoke regarding dedications of fights of way that were provided for roadway realignments and regarding their plan for drought tolerant landscaping. Mayor Turville addressed Mr. Douglas' concern by stating that the water will still be used no matter where the project lies, but that the City's Consumptive Use Permit would not be affected if Lake Utilities provided the service. He then gave a brief history of the City's Consumptive Use Permit process with the St. Johns River Water Management District and stated that in the year 2012 the allowance would revert back to the 2001 level. He stated that the City is located in a precarious resource problem area and that the District has been attempting to create new water resources. He then stated that the public concern regarding higher water rates is valid. Planning Director Brown gave the location of the City's current water'lines and outlined the Chapter 180 service area. He explained that this area was adopted by ordinance approximately 12 years ago as the planned service area for water and sewer. Mayor Turville stated that a plan adopted 12 years ago was not necessarily reflective of the City's current ability to serve. Mr. Good asked if the City was consulted regarding the preliminary approval for plans outside the City. Mayor Turville spoke regarding annexation of the property in the required agreement for service. City Manager Saunders stated that the agreement requires that City Land Development Regulations be met for the project. He then spoke regarding his finding that some County requirements had changed and seemed more restrictive that City requirements. Council Member Renick stated the City should update its Code to be more restrictive. Planning Director Brown stated he is modeling new ordinances and researching Lake County guidelines in that process. Council Member Dupee spoke regarding Magnolia Point being required to pioneer and oversize the lines at time of hookup. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 5 City Manager Saunders stated the City and developer did oversize the lines and lift stations at that time. He stated that the City is waiting for customers from an economical perspective. He stated that more customers help to lower rates and that these areas were calculated in the new permit requirements. Mr. Beasley spoke regarding the oversizing of lines as they relate to his water service. Howard Barry, Clermont resident, spoke regarding the St. Johns River Water Management District and questioned if they are the governing authority. He also spoke regarding a report issued by the District titled '2020'. Mr. Crawford stated that the lines are already extended and the agreement to be executed if approved requires the applicant to cover cost of any further extensions. He stated that the lift stations were sized to handle this request as well. He then stated that the 2012 requirements can be met if the use of potable water for irrigation purposes is reduced. Frances Hartle, Lake County resident, challenged statement that developers dedicated easements for lines and stated they were already in place. Mr. Douglas asked if the City could stop others from providing service to the project. Mayor Turville stated.that service would be provided from some source. Mr. Good asked if the City knew the private utility provider boundaries and the location of the Tower Chemical site. City Manager Saunders stated the service area for private utilities is currently south of this area and not s.erving S. R. 50, but that they could request a franchise for the area at any time. Planning Director Brown pointed out the Tower Chemical (or Super Fund account) site on overhead display. Mayor Turville gave a brief explanation of this issue. Mr. Barry state the Federal Government is not addressing this problem. Mayor Turville closed the public hearing at this time. Council Member Caputo spoke regarding annexation of the property and stated that the water rates in the City had recently been lowered. He stated that more users will result in lower rates. He then spoke regarding the Consumptive Use Permit requirements and the need for other resources and reuse water. Council Member Mullins agreed with Council Member Caputo and stated that the property owners along this area were promised utility service in the future in return for the dedication of easements. City Manager Saunders concurred that those agreements were made. Council Member Mullins stated that the City should be trustworthy and honor those agreements. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 6 Council Member Renick stated that at the time those promises were made they did not take the current situation into account. Council Member Mullins stated this area was factored in for Consumptive Use Permit purposes and that the more we take in the more we recycle. Council Member Renick stated that these projects are not high water users and were approved by Lake County. She then asked if the approval was based on Clermont serving utilities. She spoke regarding not knowing if Lake Utilities will serve this area. Mr. Crawford stated that all five of the projects have zoning and land use approval with the requirement of central water and sewer when available. He provided a copy of this requirement. He stated that if Clermont chooses not to serve then the project would begin with well and septic. Council Member Renick stated that the City needs joint planning with Lake County. She stated that these projects are already approved by Lake County and were calculated in the City's current Consumptive Use Permit service area. She stated that these are lower consumption users than residential and that the developers will bear all costs. She then stated that she would typically be against providing services but that she is willing to serve these lower consumption users. Council Member Dupee spoke regarding Lake Utilities willingness to serve development in the area and regarding the oversizing in the area by the City in preparation for this type of service. She then stated that the City needs to serve to help toward paying off its bond issue and that Lake Utilities will take over if given the opportunity. Council Member Renick stated that it is important to stay within the Consumptive Use Permit parameters and not worry about other providers. Council Member Caputo stated that the City is required to submit usage information each year to the St. Johns River Water Management Dislrict, which helps to govern our decisions, and that the City Council must take care in its decision making for that reason. He spoke regarding the jobs to be made available by this project and regarding joint planning. Council Member Renick requested that Planning Director Brown verify that this project can proceed with Lake County if service is provided. City Manager Saunders stated that the direction given to this applicant was typical Lake County language and spoke regarding the City's recent experience in turning down the proposed car lot in the same area and it moving forward with well and septic. Council Member Dupee spoke regarding the attempt over the years by Lake County and the League of Cities to accomplish joint planning. Mayor Turville stated that governance by Lake County was the main issue of contention. Mayor Turville then stated that while the City has the capability to serve and these projects are not large consumers, can they serve all projects that Lake County approves? City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 7 He stated his assumption that all five of these requests come before the City Council now due to the backlog caused by the Consumptive Use Permit process but that this cannot continue because it would hand over the City's water to Lake County. He spoke regarding planning, transportation and his concern that approval of these requests might sponsor more applications. Mayor Turville then stated that the City's future debt management was not dependent upon these hookups and stated that Lake County is obligating Clermont to perform and is capable of approving projects over and above the City's ability to serve them. Mayor Turville stated that he could not support approval of these projects and encourage conservation at the same time. He stated that more information regarding the condition of approval by Lake County and resource recovery is needed and stated that he wished to have requests come in a more timely fashion. Council Member Renick stated that her question regarding Lake County approval had not been answered adequately by the paperwork provided by Mr. Crawford. She stated that she had spoken to Lake County and they were unclear and that she wants a clear answer before making a decision. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried bp a vote of 3 to 2 to table the request for service, with Council Members Dupee and Mullins being the opposing votes. Senninger Irrigation - Request for Water & Sewer Planning Director Brown explained the request and gave the location of the property. Bennett Walling of Walling Engineering spoke regarding the project and stated they expect to receive Certificate of Occupancy by next November. He spoke further about the project expectations. Fred Elliot of Senninger Irrigation, the applicant, spoke regarding the project and water conservation. He stated they will be a low water consumer and just need an answer. He then requested that the City at least consider providing sewer and fire hydrant for the project. Bob Beasley spoke regarding Lake County forcing Clermont to make these type decisions. Gail Ash stated that the St. Johns River Water Management District should be blamed for this situation as well as Lake County. Bill Good stated approval of these projects would change urban expansion to strip commercial and spoke regarding transpor/ation impacts. Council Member Renick requested a break at this time. Mayor Turville adjourned the meeting for a short break at 9:15 p.m. The meeting reconvened at 9:30 p.m. Council Member Renick stated that this project being different, as it will use less water and produce less traffic than a commercial project. Council Member Dupee spoke regarding two of the projects being business parks. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 8 City Attorney Guthrie stated that these are policy decisions and each can be considered individually. Mayor Turville clarified with Mr. Walling that they are requesting full service. A motion was made by Council Member Caputo, seconded by Council Member Renick, and carried by a vote of 4 to 1 to approve the request for water and sewer, with Mayor Turville being the opposing vote. SK Consortium, Inc. - Request for Water and Sewer Planning Director Brown explained the planned use of this project as a commercial subdivision and pointed out the general location on overhead display. He stated that the projected water consumption level is 5,880 gallons per day. Bob Mandell spoke regarding requesting this service earlier in the year but holding off until after the City had completed its Consumptive Use Permit process. He stated that the project is cl6se to current City limits and that just sewer service and fire hydrant is sufficient is that is all the City chooses to provide. He then stated he would install a sidewalk that had been requested by Planning Director Brown and would prefer that all utilities be provided as one system. Nancy Fullerton spoke regarding creating a commercial strip and asked if there is a plan for this area. Planning Director Brown stated that all projects have the proper County land use and zoning. He stated his understanding that the City wished to be consulted for utility service first prior to Lake County approving projects with well and septic. Council Member Caputo asked how accurate the water demand estimates were. City Manager Saunders stated they are based on industry type averages and that, typically, the rate assigned is more than the actual consumption level unless the user is a manufacturer. Bob Mandell spoke regarding his experience of the rate being arbitrary and based on square footage. City Manager Saunders stated that applicants regularly come back with requests to adjust their impact fees to the actual lower rates. He stated these requests are not met. Council Member Renick clarified that Lots 3 and 4 must come back for approval. Mr. Mandell stated they would. Council Member Mullins stated there is not much industry in the City and that the opportunity for an employment center close to the City is desirable. A motion was made bY Council Member Dupee, seconded by Council Member Mullins, and carried by a vote qf 4 to 1 to approve th~ request for water and sewer, with Mayor Turville being the opposing vote. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 9 YOLO Magnolia Center - Request for Water & Sewer Planning Director Brown explained the plan for a grocery store and retail center with three out parcels and an office buildings. He stated that the project is located just east of Magnolia Point Boulevard on State Road 50. He stated that site plans have not been submitted to Lake County at this point and stated that the projected water usage is 32,000 per day. Jimmy Crawford spoke as legal representative for applicant regarding the project and stated they have the same status at Lake County as Senninger Irrigation. He stated the project can install package and treatment on site but would prefer City service. Mayor Turville asked if Staff approves this size project at Lake County level. Mr. Crawford stated that the Board of County Commissioners approved the zoning for up to 300,000 square feet. Egor Emory stated that Lake County is designing Clermont's borders and that the City should reject all unfinished plans. Cassidys Suvongse spoke regarding the City being included in Lake County's Comprehensive Plan. Bob Beasley stated that the citizens of Clermont do not wish to service projects outside the City but want to help residents first. Council Member Renick stated she does not want to see a package plant and asked if the City could slow development by saying no. She stated she understood that people will stop there but it is important to keep State Road 50 moving. A motion was made b_¥ Council Member Renick to table this request. Motion died due to lack of second. Mr. Crawford spoke regarding Lake County's decision that the project can build and connect when available. He stated they are fine if the decision is tabled to the meeting of November 12, 2002 but anything beyond they would need to move forward. Council Member Caputo requested to see the traffic studies done for the project. Mr. Crawford stated he could provide them and that they were presented to Lake County during that process. Council Member Dupee stated that if a package plant is installed here it may serve the other two projects nearby as well. Council Member Mullins stated that the developer moved forward with the understanding that service would be provided. City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 10 ,4 motion was made b_¥ Council Member Mullins, seconded b~¥ Council Member Dupee, and carried by a vote of 3 to 2 to approve the request for water and sewer, with Ma_¥or Turville and Council Member Renick being the opposing votes. Nell Britt - Request for Water and Sewer Service · Planning Director Brown stated this project is planned as a commercial/industrial project and that a site plan has been submitted to Lake County. He then pointed out the general location of the property and stated that thc projected water usage would be 8,000 gallons per day. Tim Green, Green Consulting Group, stated that the zoning for this property had been brought down from heavy industrial to commercial to coincide with the Magnolia Point property. He spoke regarding joint planning and stated that the City can exercise its Land Development Regulations through thc agreement for service. He spoke regarding the project. Bill Good spoke again regarding Lake County approving City borders and regarding transportation impacts.. ,4 motion was made b~¥ 'Council Member Renick to table the request. Motion died due to lack of secondr ,4 motion was made by Council Member Mullins and seconded by Council Member Dupee to approve the request for water and sewer. Motion failed b_¥ a vote of three to twot with MaYor Turvillet Council Member Caputo and Council Member Renick being the opposing vote. Abraham & Carmen Romero - Variance Request Planning Director Brown explained the request and stated that thc variance was improperly advertised as a 20 foot side yard setback. Mayor Turville advised the applicants that thc request would be delayed due to this circumstance. Mr. Brown stated he would advise the applicants of the new hearing date. City Attorney Guthrie advised the City Council to take no action on the request at this meeting but bring back after advertising. Jimmy D. Crawford - Variance Requests Council Member Mullins abstained from this hearing process duc to being a property owner. Planning Director Brown explained thc request and stated that Variance Request #2 should reflect a $ foot landscape buffer where it shows a 10 foot one. Mayor Turville suggested that both requests be tabled to the meeting of November 12, 2002. ,4 motion was made by Council Member Caputo, seconded b_¥ Council Member Dupee, and carried unanimously to table the request to the meeting of November 12, 2002, (time certain). City of Clermont MINUTES REGULAR COUNCIL MEETING October 22, 2002 Page 11 NEW BUSINESS Resolution No. 1290 Finance Director Van Zile stated this resolution would amend the sanitation fee schedule so that customers who vacate their property for more than 30 days would no longer be allowed a waiver of service but would be charged a reduced fee of $10.00 per month, as a cost is still incurred by the City to provide service. He stated that this resolution also provides a reduction in the cost of a second garbage container from $17.50 to $10.75 per month. He stated that both changes would take affect on November 1, 2002. Council Member Caputo requested that the cost of replacement container be specific as to whether it is a small or large container. City Manager Saunders stated this could be adopted tonight and the change made later. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1290. 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. Bob Beasley spoke regarding the water issue. There being no further business, the meeting adjourned at 10:45 p.m. Hal Turville, Mayor