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07-23-2002 Regular Meeting '1 City of ClermOnt MINUTES ,i , REGULAR COUNCIL MEETING July 23, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 23, 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 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 Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick expressed concern that the language regarding the variance request for Levitt Care Corporation on page 12 of the minutes of June 25, 2002 might not be sufficient. Mayor Turville stated that the letter fi:om City Manager Saunders to accompany the copy of the minutes would convey the strong concern of the City to the developer. A motion was made by Council Member Renick, seconded bY Council Member Mullins, and carried unanimously to approve the minutes of the regular Council meetings held June 25, 2002 and July 9, 2002. REPORTS City Manager Saunders' Report City Manager Saunders informed the City Council that Staff is following the Consultant's Competitive Negotiation Act Requirements to select engineering finns for upcoming projects. He stated that the advertisement has been placed and that the next step is to short-list firms for interview and refer the top ranking firms back to the City Council. Mr. Saunders then requested that the City Council appoint City Engineer Richardson, Public Services Director Davis and himself as the review committee. A ~notion was made by Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to appoint the Selection Review Committee_for Engineering as requested. City Manager Saunders stated that Clermont Main Street is requesting to place the temporary mobile sign used by the Chamber of Commerce on S. R. 50 to be used for informational purposes during streetscape construction. He stated that the usage would be for a duration of 30 days with the understanding that a variance will be needed for a longer period of time. City Manager Saunders then stated that the Target parking lot has an encroachment onto the 30' wide required reserved easement for the Rail/Trail that runs along the northeast side of the property. He stated that he had received a letter fi:om Lake County stating that the encroachment does not interfere with the plans for the Trail and requested authorization to send a letter to the property owner and to Lake County stating that the encroachment will not affect the Conditional Use Permit issued for the property. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 2 A motion was made bY Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to direct Cit~ Manager Saunders to send letter as requested. Mayor Turville asked the size of the encroachment. City Manager Saunders stated it is 15 feet. Council Member Mullins' Report Council Member Mullins stated that he had attended a Kings Ridge monthly meeting and two issues brought up at the meeting that should be mentioned are the odor from the treatment plant on Hancock Road and speeding trucks on Hancock Road. He then asked if the City enforces speed limits on that County road? City Manager Saunders stated that the City will attempt more enforcement on that road and that Lake County is also trying to get more Sheriff's department coverage in that area due to the new school. He then stated that the plant expansion at the treatment facility should be operating in September and hopefully will help with the odor problem. Council Member Dupee's Report Council Member Dupee stated that the City, its Staff and Police Department should be commended for its cooperation with the City of Minneola and the Lake County Sheriff's Department in the cleanup effort at the conservation area around Tower Ridge. She then reminded everyone of the 'Taste of South Lake' event to be held downtown on September 6, 2002. She stated that tickets are available at the Clermont Main Street office. Mayor Turville's Report Mayor Turville stated that he had attended the West Orange Transportation Task Force meeting last week and that there is currently funding for a P D & E Study for the area from Hancock Road to Pine Hills. He stated that the entire project includes west of Hancock Road to approximately one block west of the S.R. 50 and U.S. 27 interchange. He then stated that it would be several years before the City would see significant improvements at that intersection, and that the widening should begin in 3 to 4 years if all goes well. Mayor Turville then spoke regarding a presentation to Randy Johnson that took place at that meeting and stated that Mr. Johnson has done a good job regarding South Lake County's transportation needs. Council Member Dupee commented regarding a letter received concerning the Metropolitan Planning Organization that Lake County may be forced into the Orange/Seminole/Osceola MPO and asked City Manager Saunders if he had knowledge of this situation or should investigate it. She then stated that The South Lake/West Orange Transportation Task Force has done more in three years than the MPO has accomplished in the 35 years she has been in the area and stated she hopes Lake County will have a choice in the matter. Mayor Turville concurred with Council Member Dupee's assessment of this situation and stated he does not think that Lake County would be well served by joining this MPO. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 3 City Manager Saunders stated he has no knowledge of Lake County's status but that he would investigate further. Council Member Mullins stated that this was discussed at a Florida League of Cities meeting about a year ago. No Other Reports CONSENT AGENDA Item 1 - Maintenance Agreement Approval of Agreement with Florida Department of Transportation for State Highway Lighting, Maintenance, and Compensation Mayor Turville asked if anyone wished to pull any item from the Consent Agenda for discussion. Council Member Dupee pulled Item 1 for discussion. City Manager Saunders stated that since Council Member Dupee had expressed concern regarding this agreement last week Staff had researched further. He stated that the City currently pays Florida Power a monthly maintenance fee for all streetlights and that this state-wide agreement with DOT would provide some reimbursement of these monthly maintenance fees. A motion was made bY Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve Item 1 of the Consent Agenda. UNFINISHED BUSINESS Interlocal Agreement City Manager Saunders stated that this agreement is with Lake County for grant funds to replace swings at City parks. He stated that this had been tabled at the last meeting due to the prohibition in the agreement of charging fees since Waterfront Park does charge parking fees to non-residents. He stated that Waterfront Park has been eliminated from Exhibit 'A' of the agreement but that the City will still receive the same funding to be distributed to the other City parks. A motion was made b)~ Council Member Dupee, seconded bY Council Member Renick, and carried unanimousl_¥ to approve the Interlocal Agreement, as amended. Bid Award - Bishop Field Irrigation Well City Manager Saunders stated that this item was also tabled at the last meeting for further research and that it had been determined that'City Code, Land Development Regulations and the Comp. Plan are consistent and allow private irrigation wells in commercial areas or for multi-family uses, but are not allowed for single-family use for irrigation. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 4 He stated that the request by Public Services Director Davis is consistent with any other allowed commercial, multi-family or park related facility request and that the well would be a savings to the City. He further stated that the St. Johns River Water Management District encourages the usage of lower quality water ~om wells and lakes. Council Member Renick stated she felt this well should be metered in order for the City to set an example. City Manager Saunders stated that the well could be metered if the City Council desires and that current watering restrictions do apply to this well. Discussion followed regarding the St. Johns River Water Management District's requirements for metering and regarding the City's Land Development Regulations as they relate to this issue. A motion was made bY Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve the Bid Award for Bishop Field Irrigation Well. NEW BUSINESS Ordinance No. 455-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that this item and the next on the agenda, Ordinance No. 456-M, are related. He stated that the applicant is requesting that the 10 acres surrounded by City property located west of U.S. 27 and north of The Legends subdivision be annexed into the City and rezoned from UE/Urban Estate to R-l/Residential. Planning Director Brown stated that the Celebration of Praise Church of God intends to keep approximately 50 of the 158 acres and sell the remainder to residential developers and that this 10 acres is a part of what will be sold. Mayor Turville asked for public comment. There was none. Discussion followed among the City Council regarding sewer service to the area. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 455-M. Ordinance No. 456-M - Final Reading Mayor Turville read the ordinance by title only and opened the public hearing at this time. No one spoke. A motion was made by Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to adopt Ordinance No. 456-M. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 5 City Manager Saunders stated that Resolution No. 1264 is related to these two items and suggested that it be heard at this time. Mayor Turville stated that Resolution No. 1264 will be moved forward on the agenda and heard at this time. Resolution No. 1264 - Celebration of Praise Church of God Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the construction of a church campus to include a worship center, family life community center, daycare facility, spiritual life center, picnic pavilion and maintenance garage on approximately 50 acres located west of U.S. 27 and north of the Legends subdivision. He then commented that the Conditional Use permit would prohibit the lighting of ball fields for nighttime activities and that it would call for an 80- foot wide fight of way to be dedicated along the length of the north property boundary fi.om U.S. 27 to the western part of the boundary to allow for the construction of a roadway to access the residential properties west of the church campus, but that if the South Clermont connector is constructed this roadway would be temporary and could be removed upon completion of the connector, with the fight of way being deeded back to the church at that time. City Manager Saunders stated that the City would deed only the amount of right of way not needed for the connector back to the church. He then stated that the language of condition #3 on page 3 should be modified to clarify that if the South Lake Connector is constructed in the proposed location then a portion of the right of way would be utilized by the Connector and the City would deed the portion not needed back to the church, but if the South Lake Connector is not constructed in that location then the right of way becomes a permanent City street. Council Member Dupee spoke regarding sidewalks along the proposed street. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Rod Trusty, 12716 Lake Ridge Circle, the applicant, spoke regarding the request and the fight of way issue. Elaine Tharpe, 2322 Twickingham Court, stated that traffic leaving the church on the west side of 27 and making the right turn only as allowed would require those wishing to travel north on 27 to make a U-Turn in fi.ont of Kings Ridge at the same time that Kings Ridge residents may be coming and going for church as well, which would create a traffic problem. City Manager Saunders stated that the Department of Transportation reviewed the plan and prefers the fight turn only with the U-Turn instead of a straight cut through across 27 fi.om the church. Planning Director Brown stated that the South Lake Connector will be accessed fi.om the site as well in future. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 6 Mayor Turville and Council Member Mullins spoke regarding traffic stacking capacity and possible hazards. Mr. Trusty stated that the current church membership is 600 to 650 and that only the first phase is currently planned to be constructed, which will be the community center, with the construction of the second phase being five years out with a possible membership of up to 1200 at the time of completion. Discussion followed regarding the future South Lake Connector and the dedication of fight of way for its construction. Council Member Renick asked if a condition could be added requiring that the South Lake Connector be in place prior to beginning Phase 2. City Manager Saunders stated that the City Council could reserve the right to readdress the Conditional Use Permit prior to Phase 2 construction if traffic problems occur. He stated that the City is not allowed to address U.S. 27 problems because that is controlled by DOT. Jimmy Crawford, 3846 Beacon Ridge, spoke as a neighboring property owner and stated that his neighborhood welcomes the church project as a neighbor and stated that they want the existing pines to be used as a buffer between them and the church. He stated that the traffic issue could be addressed during the site review process for the second phase of the project. City Manager Saunders agreed with Mr. Crawford. Mayor Turville asked if cross-access exists with the residential area west of or in back of the church site? Planning Director Brown stated that the Conditional Use Permit requires pedestrian access. Council Member Dupee discussed the walkways with Planning Director Brown and asked if a sidewalk exists along U.S. 27 from The Legends leading up to this site. City Manager Saunders stated that sidewalks are required. Mayor Turville closed the public hearing at this time. motion was made by Council Metnber Dupee, seconded by Council Me~nber Mullins, and carried unanimously to adopt Resolution No. 1264, as amended. Mr. Trustee expressed his appreciation to City Manager Saunders, City Engineer Richardson and Planning Director Brown for their assistance in this endeavor. Ordinance No. 457-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that the applicant is requesting that this request be tabled to the meeting of August 27, 2002 to allow time for a cross-access agreement to be executed with the property owner to the north of the site for U.S. 27 access purposes. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 7 Jimmy Crawford, the applicant, stated he would submit the agreement to the City by August 15, 2002. A motion was made by Council Member Dupee, seconded bY Council Member Mullins, and carried unanimously to table Ordinance No. 457-M to the meeting of August 27,2002 (time certain). Ordinance No. 458-M - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders stated that Lake County adopted a .55 millage that is restricted for the provision of county-wide emergency medical services and that municipalities must adopt this ordinance in order for that millage to be collected within the City. He stated that this ordinance has been adopted for one-year periods by the City of Clermont in the past. City Manager Saunders stated that County Attorney Minkoff had requested that the City consider adopting the ordinance for a longer period of time to prevent having to come back yearly, but that since the City receives. 1 of that .55 millage to assist in its supplementary emergency medical services by one-year agreement he recommended staying with the one-year ordinance. A motion was made by Council Member Dupee, seconded bY Council Member Mullins, and carried unanimously to adopt Ordinance No. 458-M. VISITORS WITH BUSINESS Resolution No. 1263 - Francisco Symphorien Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the temporary operation of a church and ministry offices for a period of one year at 498 West S.R. 50. He stated that a letter has been provided by New Jacob's Chapel to allow parking at their adjacent site to relieve the parking problem for this church. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Francisco Symphorien, the applicant, 7701 Groveland Farms Road, Groveland, explained their request. Leydyluv Symphorien, 7701 Groveland Farms Road, Groveland, spoke regarding the request and gave a presentation with questions and answers. Discussion followed regarding the prohibition of social services at this site. Mayor Turville clarified with Mr. Symphorien that no such services would occur on site excepting the possibility of the necessary language skills during the ministry services. Mayor Turville closed the public hearing at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 8 ~4 motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1263. Resolution No. 1265 - Maury L. Carter & Associates Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to create a Planned Unit Development to allow the construction of a medical and professional office park on approximately 45 acres located at the northeast comer of Oaldey Seaver Drive and Citrus Tower Boulevard. Planning Director Brown stated that he would like to add to Condition g4 on page 3 that the permittee shall construct turn lanes at the time that driveways are constructed and that he would like to add a Condition that the permittee shall construct a southbound turn lane from Citrus Tower Boulevard onto Oakley Serve Drive prior to the Certificate of Occupancy for development. Mayor Turvi'lle opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Scott Gentry, 809 Appleton Avenue, Orlando, engineer for the project, spoke regarding the request and stated that the project will stay within the grading levels of the conceptual grading plan as presented. Mayor Turville closed the public hearing at this time. Council Member Dupee asked for clarification of governmental or quasi-governmental type offices. City Manager Saunders stated that classification would accommodate hospital or health department offices or related fields. Council Member Dupee then questioned the condition regarding sidewalks along U.S. 27. City Manager Saunders stated that Section 4, Condition 1 should be deleted. Council Member Mullins asked if Hospice would be allowed to have an office on site. City Manager Saunders stated it would be allowed. City Manager Saunders stated that a Condition #8 on page three should be added requiring the right of way for Oakley Scarer Drive to be provided prior to construction and stated that Maury L. Carter & Associates have the deeds and will execute them as soon as possible. Council Member Renick discussed the grading plans. She then stated that she would like for any requests for grading changes to be separate in the future. City Manager Saunders stated that advertisements for Planned Unit Developments could indlude the proposed grading changes in the future. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 9 Council Member Mullins spoke regarding the altitudes of the site and the abrupt changes in elevation. Mr. Gentry stated that the developer would work within those elevations. A motion was made bY Council Member Renick, seconded by Council Member Mullins, and carried unanitnousl¥ to adopt Resolution No. 1265, as amended. Resolution No. 1266 -Montrose Business Plaza Mayor Turville read the resolution by title only. City Manager Saunders stated that the Planning & Zoning Commission tabled this request due to the applicant being out of the county and requested that this item be tabled to the meeting of August 27, 2002. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to table Resolution No. 1266 to the meeting o_f August 27, 2002 (time certain). NEW BUSINESS Agreement for Legal Services City Manager Saunders stated that in July of 1999 Kruppenbacher & Associates entered contract with the City of Clermont to provide legal representation, with Robert Guthrie being assigned as counsel and doing an excellent job. He stated that a letter fi.om Frank Kruppenbacher had been received stating his inability to represent the City in the future and recommending Mr. Guthrie to the City. City Manager Saunders then stated that one proposed change to the contract is an increase in fees fi.om $2,500 to $2,750 and recommended approval of a new contract with Mr. Guthrie at that amount for legal representation. Mayor Turville stated that he has been very pleased with Mr. Guthrie's representation of the City and expressed his appreciation to Mr. Guthrie. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve the agreement_for legal services. Proposed Millage City Manager Saunders stated that the millage rate of 3.729 reflects no change since 2000, when the increase was made fron 3.4 to the current rate. He stated that the 3.4 rate had been in place since 1993. City Manager Saunders requested approval to advertise the current rate as the proposed rate for next year. Mayor Turville stated that the millage rate must be advertised as a tax increase to reflect the generation of more money as a result of new construction in the City even though there is no change to the rate itself. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve the advertisement ora millage rate of 3. 729. City of Clermont MINUTES REGULAR COUNCIL MEETING July 23, 2002 Page 10 Mayor Turville asked is anyone wished to speak on any other issue. Frances Hartle stated that an old dump truck that has been vandalized has been sitting at the intersection of Hartwood Marsh Road and Hancock Road for approximately three weeks. City Manager Saunders stated he would notify the proper authorities. Ms. Hartle then asked the results of the Bid Award for the Bishop Field irrigation well on tonight's agenda. City Manager Saunders stated it was awarded to Ellis Well Drilling for $9,495. Jerry Turner, 4322 Hammersmith Drive, asked if or when Bloxam Avenue would be included in the West Orange Transportation Task Force PD&E Study that Mayor Turville had spoken of earlier in his report. Mayor Turville stated that will be in the next section of the PD&E Study and spoke regarding the project and stated that the current plan is to stop short of the 50/27 intersection. He stated that Mr. Johnson and Mr. Pool have been sensitive to South Lake County's transportation needs. Mr. Turner spoke regarding Hook Street as it relates to this project. Mayor Turville stated that Mr. Turner should be notified of the next West Orange Transportation Task Force meeting. Council Member Dupee stated that the U.S. Postal Service is looking for land to install a distribution center in Clermont. Mayor Turville stated this would help in the efforts to remodel the old post office. Elaine Tharpe thanked the City for the wide parking spaces in the new parking lot at Blessed Sacrament Church and asked the status of the old drive in sign. Planning Director Brown stated he would look into that. Council Member Mullins spoke regarding amending City Code regarding metering wells for commercial, multi-family and parks usage. There being no further business, the meeting was adjourned at 9:15 p.m. Attest: ,,9