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09-10-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 10, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:30 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 The invocation was offered by Council Member Caputo, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Dupee stated that page 13 of the minutes of the August 27, 2002 Council meeting regarding the request for sewer service at The Overlook at Lake Louisa should reflect that she had requested that the developer give additional consideration to the current plan to share amenities with The Legends. Council Member Renick requested that the motion made regarding this same request be researched to determine if it included the number of lots to be served. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the meeting qf August 26, 2002, and the minutes Of the meeting of August 27, 2002, as amended. PROCLAMATION Mayor Turville proclaimed the week of September 17 - 23, 2002 as Constitution Week as publicly read the proclamation into the record. REPORTS City Manager Saunders City Manager Saunders reminded the City Council of the Tentative Budget Hearing scheduled to be held on Thursday, September 12, 2002 at 7:00 p.m. at Jenkins Auditorium and suggested that a workshop be scheduled prior to this meeting at 6:00 p.m. to discuss election procedures. City Manager Saunders then reminded the City Council of its upcoming joint workshop meeting with the City of Minneola to be held Tuesday, September 17, 2002 at 7:00 p.m. at the City of Minneola Council Chambers. Council Member Renick requested that the agenda for this meeting be discussed at the September 12, 2002 6:00 p.m. workshop meeting. City Manager Saunders then scheduled a workshop meeting with the City Council for Wednesday, September 18, 2002 at 7:00 p.m. at the Police Department Community Services Room. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 2 City Manager Saunders informed the City Council that the Townsend House is scheduled to be moved tonight at midnight. Council Member Renick Council Member Renick requested the support of her fellow Council Members to direct City Manager Saunders to send a letter to Lake County regarding the need for redesign of the intersection of Hook Street and Lake Shore Drive, as she has received many calls regarding the problems there. Discussion followed regarding this issue and the need for repaving as well. Mayor Turville suggested that this be discussed at a workshop meeting. Council Member Mullins Council Member Mullins requested the status of the City's Consumptive Use Permit process. City Manager Saunders stated that the permit was approved today as written. He stated that he had attended the St. Johns River Water Management District Governing Board meeting today and that the District Staff made it clear that Clermont had been used as a model by being the first in implementing new policies and procedures. He stated that the City is now 100% compliant. Mayor Turville spoke about an article in today's Lake section of the Orlando Sentinel regarding this subject and voiced his concern that it implied poor performance on the City's part where there was none. City Manager Saunders stated that Staff at the St. Johns River Water Management District was very complimentary about Clermont's current and proposed conservation efforts. Council Member Caputo Council Member Caputo stated that he has received an email from a Legends resident voicing concern regarding The Overlook at Lake Louisa plan to share amenities with The Legends. He stated the resident had no prior knowledge of this request. He urged Staff to proceed with caution and include Legends residents in any upcoming meetings that may take place. Council Member Dupee Council Member Dupee stated that the South Lake Chamber of Commerce Breakfast this month is scheduled for September 20 at 7:30 a.m. with a forum on the Constitutional amendments, some of which are controversial, which will be on the November ballot. She stated that Representative Carey Baker will be presenting that program with time for questions and answers. Council Member Dupee then stated that there had been a table for the Office of the Comptroller during the Florida League of Cities Conference in Boca Raton. She stated that she stopped by to see if anyone owed the City of Clermont money and that the University of Florida owes $10.00. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 3 Mayor Turville Mayor Turville stated that there is concern that a sign is needed at the intersection of State Road 50 and U.S. 27 traveling westbound from Orlando. He suggested that City Manager Saunders check with DOT about hanging a sign on the wire that the traffic light hangs on at the intersection of S.R. 50 and Grand Highway directing westbound State Road 50 traffic to prepare for the upcoming left turn to travel south on U.S. 27. CONSENT AGENDA Item 1 - Demolition Authorization Approval to demolish 1018 School Street Item 2 - Final Plat Approval Regency Hills A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Ite~ns 1 & 2 of the Consent Agenda. UNFINISHED BUSINESS Resolution No. 1269 - NTR Development Mayor Turville read the resolution by title only. City Manager Saunders stated that this is a request for a Conditional Use Permit to allow a shopping center at the northwest comer of S.R. 50 and Hancock Road. He stated this item was tabled by the City Council at the August 27, 2002 meeting and referred back with a revised site plan to the Planning & Zoning Commission, who again recommended denial of the request. City Manager Saunders stated that the applicant has requested postponement in order to make changes. He then recommended that the City Council table this item to the meeting of October 8, 2002 and refer the item back to the Planning & Zoning Commission's October meeting for recommendation. A tnotion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to table Resolution No. 1269 to the meeting qf October 8, 2002, (time certain) and to refer back to the Planning & Zoning Commission meeting of October. Variance Requests - NTR Development A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to table the request for variances to the meeting qf October 8, 2002, (time certain). VISITORS WITH BUSINESS Waterfront Park Event - South Lake Animal League Council Member Mullins abstained from this portion of the meeting due to his affiliation with the South Lake Animal League. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 4 Mayor Turville asked if anyone was present to speak for thc South Lake Animal League. Patricia Thompson-Price reviewed the letter outlining their request with thc City Council and stated she was available to answer questions. City Manager Saunders stated that Osccola Street between Seventh and Eighth Streets should not be closed as requested since it is currently being used as a major route during the downtown streetscape construction. He also voiced concern about the request to close thc Trail to public use. Ms. Price stated that the closing of Osceola Street is not critical to the success of the event and stated that they would be using the Trail for the actual walk and felt it best to not have any other traffic. Council Members Caputo and Dupee stated it might be best to close that section of the Trail for the hour for safety reasons. Mayor Turville stated that a Bicycle Patrol Officer could be scheduled to help with the Trail event. City Manager Saunders asked if cleanup would be taken care of by the South Lake Animal League. Ms. Price stated they would. A motion was made by Council Member Dupee, seconded bY Council Member Renick, and carried unanimously to approve the Dog Walk-a-Thon to be hem at Waterfront Park, with Osceola Street open and the Trail closed for a one hour period, with Council Member Mullins abstaining. Waterfront Park Event - Pig on the Pond Mayor Turville asked if anyone from the South Lake County Community Foundation was present to speak. Ron McFarland, interim Director of the Foundation, stated they are requesting to hold the event on the weekend of February 28, 2003 and that they feel this is a better time to hold the event than in November. He then offered to answer any questions. Mr. McFarland stated that the details of their request would include permission to hang the traditional banner downtown, to request Police coverage of three officers on Friday and four on Saturday, and to allow waiver of parking fees at the Park. A motion was made by Council Member Caputo, seconded by Council Member Dupee, and carried unanimously to approve the Pig on the Pond event to be hem at Waterfront Park, as requested Request for Sewer Service - Highland Real Estate & Investments City Manager Saunders stated that the City Council had voted to not fund the extension of sewer lines to serve the Bent Tree subdivision located just west of Spring Valley a few weeks ago but that since that time Lake County rights of way have been platted, which has resulted in Highland Real Estate & Investments being better able to finance the extension of these lines if the City will provide sewer service. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page $ Dale Ladd, Highland Real Estate & Investments, stated that Spring Valley has now platted a new phase that allows him a direct access to U.S. 27 and thc City's lift station on thc other side from his Bent Tree subdivision site. He stated he would cooperate with the City in upsizing the jack and bore under U.S. 27 to facilitate service to his project if thc City is willing to serve sewer. Mayor Turville asked how many lots the project will have. Mr. Ladd stated approximately 130 lots. Council Member Mullins asked if thc property is contiguous to the City. Mr. Ladd stated it was not and gave thc geographical location of the proposed subdivision. Council Member Renick asked if there would be any cost to the City to establish service to the site. Mr. Ladd stated only if the City chose to oversize the line. Council Member Mullins asked if Mr. Ladd would be willing to annex should the property become contiguous to the City in the future. Council Member Dupee suggested that the deeds be set so that if and when the property becomes contiguous then it would automatically become a part of the City. Mayor Turville suggested that Staff could be directed to work with the applicant in forming an agreement regarding service and annexation, or the City Council could go forward with the request as written. City Attorney Guthrie cautioned that if the City is going to move forward with approval to serve the site then now is the proper time to condition the service. He suggested that a provision be added to the deed as discussed by Council Member Dupee to allow the City the option to annex the property when it becomes contiguous. City Manager Saunders stated he believed that all recent provisions of water and sewer by the City to properties located outside of the City contain this option for the City to annex. Discussion followed regarding the possible annexation of this property and regarding the impact fees associated. Council Member Renick asked if approval by Lake County for 130 units is contingent upon the provision of sewer service by the City. Mr. Ladd stated that approval of the project is contingent upon sewer service from some source or the project can use package plant. City Manager Saunders stated he believed it was imperative for the City to provide sewer to this project if it intends to ever provide service in this area. He stated that if the City refuses to serve any project in its Chapter 180 area then private utility companies can come in. He spoke regarding the current situation with Lake Utilities, Inc. and stated that declining to serve this site would weaken the City's position. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 6 City Manager Saunders went on to discuss the City's plan to serve this area of the planned South Lake Connector and regarding the long range ramifications of denial of service. Mr. Ladd stated he was not opposed to annexation but that he would need more time to consult with other parties. He requested to be allowed to offer annexation as opposed to the condition being imposed. Council Member Renick stated her support to serve sewer without annexation. City Manager Saunders recommended that Staff be directed to work with the applicant on an agreement regarding service and annexation to bring back to the City Council. 71 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to table the request_for sewer service to the meeting of September 24, 2002 (time certain) and to authorize Staff to draft agreement with applicant regarding provision of sewer service and annexation. Council Member Dupee spoke regarding the need to know the impact of annexation on tax revenue versus City services. Home Depot - Variances gl &/12 Planning Director Brown stated that the applicant is requesting two variances to City Code regarding signage for the Home Depot store located as the western anchor of the Kash & Karry shopping center at the northwest comer of S.R 50 and Citrus Tower Boulevard: 1) To allow a wall sign of 319 square feet where 200 square feet is allowed by Code, and 2) To allow a marquee sign to be 51 square feet rather than the 32 square feet allowed by Code. Planning Director Brown stated that Staff recommends denial of both requests. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Paul Taylor of Thomas Sign & Awning Company, 4590 118th Avenue North, Clearwater, Florida, the applicant, spoke regarding the request and regarding Home Depot being a good neighbor with its efforts to meet the City's architectural design standards. He distributed photographs of the suggested signage and outlined the requests by a depiction provided by overhead display. Jim Purvis, 4206 Hammersmith Drive, spoke in opposition to the request. Elaine Tharpe, 2322 Twickingham Court, spoke in support of the project but against approval of the two requested sign variances. Mayor Turville closed the public hearing at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 7 Planning Director Brown provided a depiction on overhead display of the proper signage within City Code requirements. Council Member Mullins stated he supported Staff recommendation of denial of the variances as requested. Council Member Renick agreed with Mr. Purvis and Ms. Tharpe and spoke regarding her receipt of emails from Clermont residents voicing opposition to these requests. Council Member Caputo stated that the City is also being a good neighbor and has already granted approval of an off site sign variance for this project. Council Member Dupee concurred with Council Member Caputo and asked if the current Code takes into account the larger sized businesses coming into the City. Planning Director Brown responded that the sign ordinance was adopted in 1994. A motion was made bY Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to deny the variance requests_for Home Depot. Ambassador Cleaners - Variance Requests #1 & #2 City Manager Saunders stated that Staff had discovered the need for an additional variance in conjunction with these two and requested that the City Council table these two requests to the meeting of September 24, 2002. A motion was made by Council Member Mullins, seconded bY Council Member Renick, and carried unanimously to table the variance requests to the meeting of September 24, 2002 (time certain). Family Christian Center - Variance Request Planning Director Brown stated the applicant is requesting a variance to the City Code regarding signage for their site located at 2500 South U.S. Highway 27. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Bill Griffith, 15009 Green Valley Boulevard, the applicant, spoke regarding the request and questioned the fairness of Houses of Worship only being allowed ground signs. He stated the site is located below the level of the Harley Davidson dealership next door and that the sign there is very large. He requested to be allowed the same size signage as other businesses. He then spoke regarding the brick and colors to be used for the sign in order to match the building. Rick Van Wagner, 15731 Greater Trail, spoke regarding the history of the Center in Clermont. He stated they are established in the community and requested proper signage for the site. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 8 Elaine Tharpe, 2322 Twickingham Court, spoke in opposition to the variance request. John Van Wagner, 10630 White's Road, spoke regarding the high speed of traffic on U.S. 27 and regarding the need for proper signage in order for traffic to be able to locate the Church. Sy Holzman, 4243 Newland Street, stated that the City should review this section of City Code to determine appropriateness. Jim Purvis, 4206 Hammersmith Drive, agreed with Mr. Holzman and stated the City should table the request in order to review Code. Larry Poe, 11532 Beaman Circle, stated it is discriminatory for churches and businesses located side by side to have different sign requirements. He stated they will be good neighbors and requested the same consideration regarding signage as others in the area. Abraham Ton-is, 2007 Crestridge Drive, stated that the City should allow fair signage for the site. Mr. Griffin responded to some public concerns and stated his appreciation of Staff's efforts on their behalf. Pick Van Wagner stated their need for timely consideration as the Grand Opening is scheduled for October. Mayor Turville closed the public hearing at this time. Discussion among the City Council followed regarding grading and proper signage for the site. Council Member Mullins spoke regarding the sign as presented being particularly unattractive. Mr. Griffin assured the City Council of their intentions to color coordinate with brick and landscape to make the sign as pleasing as possible. Council Member Renick concurred with Mr. Holzman's suggestion that the City review its current Code all at once. City Manager Saunders spoke regarding the Harley Davidson dealership next door to this site being in the City limits as well and regarding Staff's concern that current Code does not take churches located in commercial areas into consideration. He stated that Staff is currently reviewing Code for several changes. He then stated that the suggested revisions to City Code will include the deletion of discrimination based upon types of usage and recommended approval of the request as the user needs to move in very soon. Council Member Caputo stated that the Harley Davidson dealership had met Code requirements and that he could not support any sign other than a monument sign. Discussion followed regarding height and placement of the sign. Council Members Renick and Dupee discussed the need for additional information. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 9 Mayor Turville stated that the request is for commercial signage for the church and that the rules should be looked at regarding churches and businesses sharing the same area. He stated the question is will a monument sign work for this site in this location. City Manager Saunders stated that other commercial users would be able to place this sign without a variance. He stated his and City Attorney Guthrie's concern to act to approve this variance to avoid any issue of discrimination and review City Code for changes as soon as possible after. Council Member Dupee stated there are two other churches coming on U.S. 27. Council Member Renick agreed that the City must look at its Code quickly to remedy this situation. City Manager Saunders stated Staff will bring an ordinance to take care of it. ./1 motion was made b_¥ Council Member Mullins, seconded by Council Member Renick, and carried bp a vote o_f 4 to 1 to approve the variance request, with Council Member Caputo being the opposing vote. NEW BUSINESS Consent Agreement - St. Johns River Water Management District City Manager Saunders reported that the St. Johns .River Water Management District Regulatory Board had reviewed and placed this Consent Agreement on the agenda of the Governing Board for today. He spoke regarding the approval of the agreement and regarding the Board imposing several conditions that the City must meet rather than fining the City for non-compliance. He outlined the conditions of the agreement. Richard Tegan, 2292 Twickingham Court, asked about the ban on St. Augustine grasses. City Manager Saunders stated that Land Development Regulations prohibit St. Augustine grasses for commercial and multi-family users. Jim Purvis, 4206 Hammersmith Drive, spoke regarding the City's non-compliance and the conditions imposed as a result. Discussion followed regarding the conditions of the agreement with City Manager Saunders reading each of the conditions. Mayor Turville stated the article in today's Orlando Sentinel had insinuated that the City was granted all the water it needed, which was misleading. He then explained the history of this permit process. Nancy Fullerton, President of Alliance to Protect Water Resources, Inc., P.O. Box 120596, Clermont, distributed a copy of a letter she sent to the Governing Board of the St. Johns River Water Management District and spoke regarding the reasons for it. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2002 Page 10 City Manager Saunders stated that the article Mayor Turville had referenced was incorrect in stating that the amount of water requested was granted. A motion was made by Council Member Caputo, seconded bY Council Member Dupee, and carried unanimously to adopt the agreement as written. Ordinance No. 319-C - Introduction Mayor Turville read the ordinance by title only. City Manager Saunders gave a summary of the election procedures so far and recommended the adoption of this ordinance to fulfill necessary requirements. Mayor Turville spoke regarding the City's plan to adjust its election dates to avoid any future conflicts. Utilities, Inc. City Manager Saunders stated a letter of opposition has been sent to the Public Service Commission regarding application made by Utilities, Inc. to extend its service area into the City's established Chapter 180 service area and east of U.S. 27. He stated that no response or further information has been received at this time. There being no further business, the meeting adjourned at 10:25 p.m. ph'~. Van ~(ty Clerk ~ hai Tu~lle, May~i' /