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10-08-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 8, 2002 Page 1 A regular meeting of the City Council of thc City of Clermont was held Tuesday, October 8, 2002 at Jenkins Auditorium. Mayor Hal Turville called thc meeting to order at 7:00 p.m. with thc 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 The invocation was offered by Council Member Caputo, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES ,4 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the minutes of the September 12, 2002 Tentative Budget Hearing and the September 24, 2002 Final Budget Hearing & Regular Meeting. REPORTS City Manager Saunders City Manager Saunders scheduled a workshop meeting with the City Council to be held Thursday, October 17 at 7:00 p.m. at the Police Department Community Room. He stated the main topic of the meeting would be requests for water and sewer service. City Manager Saunders then discussed the scheduling of the Joint Clermont/Minneola workshop meeting with the City Council. It was the consensus of the Council to schedule this meeting as soon as possible. Council Member Caputo asked if the City of Groveland has been contacted regarding a similar meeting. City Manager Saunders stated that preliminary discussion has taken place. Council Member Mullins Council Member Mullins commended Staff for a job well done regarding the October 1 Primary Election. Council Member Dupee Council Member Dupee stated that the South Lake Chamber Business After Hours will be held at Dal Don on October 17 from 5:30 to 7:30 p.m. and the Chamber Breakfast is scheduled for October 18 at 7:25 a.m. She stated that the Chamber's recent membership drive had resulted in over 80 new members. Council Member Dupee spoke regarding a complaint of swimming and diving around the Eighth Street Pier. She stated that the City should look at imposing fines for this type of misconduct. Council Member Dupee spoke regarding 10 acres being donated to the City by Lost Lake Reserve and the possible usage of this park land by the YMCA. City of Clermont MINUTES REGULAR COUNCIL MEETING October 8, 2002 Page 2 Council Member Dupee then spoke regarding governmental relations and water. Council Member Dupee stated that an exhibit of what goes on in cities is currently at the Orlando Science Center Consortium of Florida in Orlando. Council Member Dupee then stated that she had submitted a half page advertisement to the Sentinel to run the Sunday prior to the Primary election but had been notified the Thursday before that a changed version would mn. Council Member Dupee then stated that next week is Celebrate Our City week. Mayor Turville Mayor Turville read a letter of complaint from a local youngster regarding school hours. Mayor Turville then publicly proclaimed the month of October to be Italian Culture & Heritage Month and read the proclamation into the record. A representative of the local chapter of the Sons of Italy presented a t-shirt to the Mayor and thanked the City for the proclamation. Mayor Turville accepted and extended the City's welcome and appreciation to the Sons of Italy. CONSENT AGENDA Item 1 - Stormwater Pipe Relocation Approval Item 2 - Interlocal Agreement Approval of Agreement with Lake County for construction of Oakley Seaver Drive from Citrus Tower Boulevard to Hancock Road A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1 and 2 q£ the Consent Agenda. UNFINISH-ED BUSINESS Request for Sewer Service/Agreement Approval - South Lake Land Trust City Manager Saunders stated that the City Council had authorized Staffto draft an agreement for sewer service to the proposed Bent Tree subdivision located west of U.S. 27 and north of The Legends. City Managei' Saunders then stated that 1.13 of the agreement as presented should be changed to read as follows: "Impact Fee Credits may not be transferred outside of the Property described on Exhibit 'A' but should be assignable to any heirs, assigns or successors in interest or title to part or all of said Property." City of Clermont MINUTES REGULAR COUNCIL MEETING October 8, 2002 Page 3 City Attorney Guthrie added that the language under Section 2, Annexation should be made Section 2.1 and that a Section 2.2 be added to read as follows: "This agreement shall be recorded in the Public Records of Lake County, Florida, and this agreement, upon recording, shall constitute an irrevocable application by the undersigned owner to annex the property described on Exhibit 'A', attached hereto, into the City of Clermont, which right to annex the City may exercise at any time in the future." Council Member Renick clarified that there is no obligation to annex in this agreement. Council Member Caputo stated a requirement should be added to make the building standards meet City Code. Council Member Caputo stated the City will not wish to annex in the future because the homes will be substandard. Mr. Ladd stated he requested sewer service only and does not wish to annex into the City. Council Member Renick clarified that this is for sewer service only and that if the City imposes additional requirements the applicant may go elsewhere for service. Mr. Ladd asked if the deed restriction is sufficient for disclosure purposes. He stated he does not wish to go beyond that point in the notification process. City Attorney Guthrie stated it was sufficient. Council Member Mullins stated this agreement meets the needs of all parties involved. Mayor Turville pointed out that a future City Council could annex this subdivision and provide full services. Council Member Dupee stated the deed restriction acts as protection to homeowners. She then spoke regarding a local subdivision not having sidewalks because Lake County requested it be so. ,4 motion was made b_¥ Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve the agreement to provide sewer service, as amended. Variance Requests - Ambassador Cleaners City Manager Saunders stated that these requests had been withdrawn by the applicant. Resolution No. 1269 - NTR Development, Inc. Mayor Turville read the amended resolution by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING October 8, 2002 Page 4 Planning Director Brown gave a description of the project to be located at the northwest comer of S.R. 50 and Hancock Road. He stated that the applicant has now changed the request from five commercial parcels to three, as stated in the title, and further stated that a Condition #8 should be added under Section 4 to read as follows: "If determined necessary by Staff, an eastbound turn lane into the site from the frontage road shall be provided." Planning Director Brown then described the three variances originally requested and stated that Variance #2 has been withdrawn by the applicant, as there is no longer a need for it. Mayor Turville opened the public heating at this time and asked those who wished to speak to stand and be sworn in. Deputy City Clerk Studdard swore in those standing. Cecilia Bonifay, legal representative for the applicant, NTR Development, Inc., spoke regarding the request and regarding the changes made at the request of the Planning & Zoning Commission, including the reduction from five to three commercial parcels, in an effort to design the best overall plan for the site. Mayor Turville asked if the site plan provided reflects the changes. City Manager Saunders stated the site plan provided has been updated and includes changes. Frank Cannon of Trycon, Inc., 300 International Parkway, Lake Mary, FL spoke regarding restaurants using the larger retail portion on the site, which will be designed as a strip. He then requested that restaurant use be added back into Condition #1 under Section 2. City Manager Saunders asked Planning Director Brown if the minimum parking requirement for the site was based on retail or restaurant use. Planning Director Brown stated that the parking provided on the site is based on retail use. City Manager Saunders stated his belief that restaurant use was deleted from the Conditional Use Permit due to insufficient parking on the site. Discussion followed regarding this concern. Planning Director Brown stated that adjustments can be made to the square footage of the buildings on the site to meet the minimum parking requirements for restaurant use. Council Member Caputo stated this should be referred back to the Planning & Zoning Commission with the changes made by City Council tonight for their recommendation. Ms. Bonifay stated that this has been heard by the Planning & Zoning Commission and City Council three times and requested that the city Council adopt Resolution No. 1269 with the added condition Planning Director Brown spoke of and with the understanding that the square footage can be reduced to accommodate parking requirements if the user should need additional parking. City of Clermont MINUTES REGULAR COUNCIL MEETING October 8, 2002 Page 5 Mayor Turville concurred with Ms. Bonifay that this should be decided by City Council tonight. Council Member Renick stated that the City Council is trying to avoid a parking issue similar to the one at Domino's on S.R. 50 and clarified that the square footage of the buildings on the site would be reduced to accommodate the required parking for restaurant use. It was determined that restaurant would be added in .Section 2. Mayor Turville closed the public hearing at this time. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1269, as amended. Variance Requests #1 and #3 - NTR Development, Inc. A motion was made by Council Me~nber Caputo, seconded b¥ Council Member Dupee, and carried unanimously to approve Variances gl and #3. NEW BUSINESS Variance Request - Clermont Main Street, Inc. City Manager Saunders stated that the City Council had allowed a temporary portable sign to be placed at the intersection of S.R. 50 and Eighth Street to advise of Downtown issues during Streetscape construction with the understanding that a variance would need to be obtained in order for the sign to remain for longer than 30 days. He stated that he had spoken to the Streetscape contractor today and that the plan is for the construction to be completed by the end of October and requested that the variance be approved in order for the sign to remain for the duration of construction. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the Variance Request. Lake Apopka Natural Gas District - Designation of Representative Mayor Turville spoke'regarding Mr. Sargeant's long service to the City in this capacity. Mayor Turville then stated he had asked if Finance Director Van Zile could serve in this capacity some time ago. City Manager Saunders stated this would prove a burden on Mr. Van Zile's already heavy schedule and that Staff members have never served in this capacity in the past. Mayor Turville then read a letter fi:om Council Member Dupee requesting appointment to this position and asked for any other nominations at this time. There being no other nominations, Council Member Dupee was appointed to the Board of Lake Apopka Natural Gas District. City of Clermont MINUTES REGULAR COUNCIL MEETING October 8, 2002 Page 6 Mayor Turville asked if anyone wished to speak on any other issue. Wally Herda voiced his concern regarding an incident at the Eighth Street Pier regarding teenagers diving off the pier, knocking the rails out with skateboards, and using park benches to skateboard on. He stated that the teenagers swimming, skating and skateboarding along the lakefront that the City spent thousands of dollars to beautify is doing damage to the property. He requested that the City take action against the vandalism that is taking place. Mayor Turville directed City Manager Saunders to pass this message on to our Police Department and advise them to pay close attention to this area in an attempt to stop the actions. He also stated that Staff could cheek to see if there is currently a penalty set forth for violation of the No Swimming and No Diving postings in the area. Council Member Dupee stated that in the St. Johns British Virgin Islands there are signs posted warning of a 'Up To $2,000 Fine' for littering and that there is no problem with littering there. Joe Janusiak stated that vandals always break the telephone booth and break the light bulb in the telephone booth located just outside the auditorium. Mayor Turville requested that the City Manager advise the Police Department of this as well. There being no further business, the meeting adjourned at 8:25 p.m. Attest: ~ ~/[6sel~h E. Van Zil~ty Clerk tha1 T[u-v~lie, Mayor~a ,'