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06-25-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 25, 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 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 on page 7 of the minutes her request regarding sidewalks for the project had been for a change to wider than 5 foot sidewalks, possibly 8 or 10 feet. A motion was made by Council Member Mullins, seconded bY Council Member Caputo, and carried unanimously to approve the minutes o_f the Regular Council Meeting held June 11, 2002, as atnended. REPORTS City Manager Saunders' Report City Manager Saunders scheduled a workshop meeting with the City Council for Monday, July 8 at 6:00 p.m. at the Police Department. City Manager Saunders requested City Council authorization for the Fire Department to move ahead with two grant requests from the South Lake County Community Foundation, with one grant being for $4,000 for the Child Passenger Safety Program and the other for $9,800 for a thermal imaging camera. A motion was made by Council Member Dupee, seconded by Council Member Caputo, and carried unanimously to authorize the Fire Department to submit the two grant requests. Council Member Dupee spoke regarding the decreasing cost of the thermal imaging camera. City Manager Saunders then requested authorization from the City Council to resubmit application for a grant from the Florida Communities Trust Florida Forever program that was originally submitted last year for the acquisition of the Marilyn Langley property located near the intersection of Hook Street and Lakeshore Drive. A motion was made bY Council Member Renick, seconded by Council Member Dupee, and carried unanimously to authorize resubmittal of the grant request. Council Member Renick spoke regarding the City providing letters of support for this grant application. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 2 City Manager Saunders then stated that Minneola Mayor Bill Ballanoff has requested a meeting between the two cities to discuss planning issues. It was the consensus of the City Council to schedule this meeting. Council Member Caputo's Report Council Member Caputo stated that he had spoken to SECO regarding the installation of two streetlights at Danbury Mills Road and Hartwood Marsh Road. He stated that the request is currently in engineering. Council Member Dupee's Report Council Member Dupee stated that she had received a request t~om Emerald Lakes Mobile Home Park for the installation ora 'No Engine Breaking Except in Emergency' sign in the City due to the noise caused by large trucks breaking down on S.R. 50 in front of them. She stated that the City could also request a 'Trucks Over 6 Wheels Right Lane Only' sign from DOT again. Mayor Turville stated he would like for Staff to look into the criteria necessary for the installation of the 'No Engine Breaking Except in Emergency' sign. Council Member Caputo requested that Hancock Road be included in this request as well. Discussion followed regarding the 'Trucks Over 6 Wheels Right Lane Only' sign. Council Member Dupee then stated that Dr. Dot Richardson had recently traveled to Washington D.C. for the Title 9 for Women's Athletics and has been appointed Vice-Chairman of a special committee formed by the President. Mayor Turville's Report Mayor Turville stated that he and Council Member Dupee had been a part of the Red Hat Ladies' visit to downtown Clermont last Wednesday. Council Member Dupee stated that about 60 of the Ladies visited on Wednesday and more will be coming. No Other Reports CONSENT AGENDA Item 1 - Fire Truck Purchase Item 2 - Bid Award Item 3 - Open Air Sales & Tent Permits Approval of Purchase of ALS Rescue Engine Street Resurfacing Request for Open Air Sales & Tent Permits to sell fireworks on property located at 1510 East State Road 50 from June 18th through July 7th City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 3 Item 4 - Paver Sales Approval of Sale of Brick Pavers to be installed. as part of Downtown Streetscape Project by the Clermont Main Street Program Item 5 - City Hall Construction Change Order #1 Item 6 - Demolition Approval Demolition of Building located at Osceola Street & West Avenue (old Ice House) Mayor Turville asked if anyone wished to pull any item from the Consent Agenda for discussion. Council Member Caputo pulled Item 2, Street Resurfacing, for discussion. Mayor Turville then pulled Item 4, Paver Sales, for discussion. He stated that this is a very good project and deserves further discussion. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1, 3, 5 & 6 of the Consent Agenda. Item 2 - Bid Award - Street Resurfacing Council Member Caputo stated that his concern was the cost of resurfacing Grand Highway from Hook to S.R. 50 since that road is scheduled to be redone soon with curbs and drainage when the proper right of way is obtained. City Manager Saunders stated that this section is scheduled in the last phase of construction and the right of way has not been dedicated yet for this section of Hook Street. He stated that this portion is one to two years away at best. He then stated that the City gets more complaints on this section of roadway than any other and that Public Services is out there often patching to keep it driveable. He then encouraged moving forward with the current request to resurface. Council Member Renick and Mayor Turville concurred with City Manager Saunders on this subject. Council Member Caputo stated that he concurs as well with the timetable and constant maintenance being taken into consideration. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Item 2 of the Consent Agenda. Item 4 - Paver Sales Mayor Turville asked Rose Biddle of the Clermont Main Street Program to speak regarding this issue. Ms. Biddle spoke regarding the proposal to sell 4" x 8" and 8" x 8" engraved brick pavers to be installed as a part of the downtown streetscape project. She stated that this is a way to get the community involved and spoke regarding the locations for the pavers to be installed. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 4 Council Member Mullins asked the cost of the pavers. Ms. Biddle stated that the 4" x 8" paver will allow 3 lines of engraving at a cost 0£$50 and the 8" x 8" paver will allow 6 lines of engraving at a cost of $75. Council Member Caputo commended Rose Biddle and the Clermont Main Street program for the idea. motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to approve Item 4 o_f the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 443-M - Final Reading Mayor Turville read the ordinance by title only. Ordinance No. 447-M - Final Reading Mayor Turville read the ordinance by title only. Resolution No. 1257 - Cemex, Inc. Mayor Turville read the resolution by title only. Mayor Turville discussed the combined hearing of these three related issues with City Attorney Guthrie. It was determined that they would be discussed together and voted on separately. Planning Director Brown stated that these three items are related to property owned by the applicant, Cemex, Inc., located on the east side of Twelfth Street south of Can'oll Street. He stated that Cemex, Inc. operates a concrete batch plant on the property and pointed out the subject property on an overhead depiction. Planning Director Brown stated that Ordinance No. 443-M is a request for a Small Scale Comprehensive Plan Amendment to change the Future Land Use of the property from Commercial to Industrial, Ordinance No. 447-M is a request to rezone the property from C-I/Light Commercial to M-I/Industrial District, and Resolution No. 1257 is a request for a Conditional Use Permit to allow the expansion and operation of the concrete batch plant. Planning Director Brown then stated that these three requests are necessary in order to allow the construction of a stormwater pond, which is a requirement of the State of Florida. He stated that this would also allow the applicant to improve the materials management system and provide for landscape buffers along Twelfth Street. He then stated that the Planning & Zoning Commission had recommended at the hearing for the Conditional Use Permit that a masonry wall be constructed along the south property line. Mayor Turville opened the public hearing at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 5 Deputy City Clerk Studdard swore in the following: Bill Vanzhaf, 931 W. Montrose Street, spoke regarding his concern that the Central Business District has been growing west and that this expansion might not be a good mix. Mayor Turville asked if the plant is expanding or if the request is just to address stormwater. Bob Canfora of DSA Group, Tampa, Florida, engineer for the applicant, stated that this request is primarily to avoid violating state law by constructing stormwater retention and treatmenton site, and to relocate a wall to allow for more storage of materials, neither of which is related to the production of the plant. City Manager Saunders stated that the request is only to allow the addition of stormwater. Council Member Mullins asked the hours of operation. Mr. Canfora stated that the hours are dependent upon demand. Council Member Mullins spoke regarding adding restrictions regarding hours, noise and traffic. City Manager Saunders stated that City Code prohibits noise after 10:00 p.m. He stated that conditions could be added if the City Council desired. Council Member Renick stated that now is the opportunity to add any conditions that the City Council feels are necessary. She spoke regarding noise, the wall recommended by the Planning & Zoning Commission, and regarding dust abatement. Council Member Dupee asked if there was a system in place to address the dust problem. Mr. Canfora stated there is currently a water system in place to keep the dust down. He stated that dust is created on the dirt roads on the site. Gene Harley, General Manager of Cemex, Inc., spoke regarding their inability to pave more on site due to their inability to control stormwater on the site. He spoke regarding the unpaved portion of the site and noise and stated that they are trying to be good neighbors. Mayor Turville stated that this site has been industrial for a long time and that it would be fair to assume that the area residents came after the plant. He stated that in his experience the dust is created by traffic on the site and spoke regarding the hours of operation allowed in residential areas of the City by Code. Council Member Dupee spoke regarding the Conditional Use Permit in place for this property. She stated that additional paving on the site would be an improvement as well as the wall and extra storage to reduce deliveries, which would both help to reduce the dust problem. Council Member Dupee asked what time cement trucks are loaded. Mr. Harley stated that the ready-mix plant begins loading at about 5:30 a.m. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 6 Mr. Vanzhaf stated that the plant has made a lot of noise at 4:30 to 5:00 a.m. Council Member Renick stated that the hours of operation should be limited in the Conditional Use Permit. Mayor Turville suggested that language could be added to allow the Conditional Use Permit to be revisited if noise becomes an issue. Planning Director Brown stated this condition could be added under Section 2, as Condition 4 of the Conditional Use Permit. Planning Director Brown stated that the applicant has asked that the requirement of the 1 O' buffer at the southern boundary be deleted. He stated that a variance would be required for this. Council Member Caputo stated that the requirement should remain and that the applicant can submit a request for variance at a later time. Discussion followed regarding the requirements of the Conditional Use Permit. City Manager Saunders stated that the masonry wall at the southern boundary is a requirement of the Conditional Use Permit and that City Code requires the landscaping. He stated that the variance, if requested, will be to have a wall without the landscape buffer. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 443-M. A motion was made bP Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 447-M. A motion was made by Council Member Mullins, seconded bY Council Member Renick, and carried unanimously to adopt Resolution No. 1257, as amended. Ordinance No. 450-M - Final Reading Mayor Turville read the resolution by title only. City Manager Saunders stated that in order to move forward now a cross-access agreement needs to be in place with the Methodist Church and that Staff is in favor of this street closing once this agreement is executed. He stated that without the agreement half of the fight of way would revert to the Methodist Church and half to the hospital property owner, which would enable either property owner to stop the other t~om using their half of the road. He recommended tabling the request until such agreement is in place for joint use. City Attorney Guthrie stated that Staff is wise to impinge the abandonment of the roadway upon the agreement. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 7 Council Member Caputo asked if the purpose could be accomplished without abandoning the street. He stated his support of tabling the request until both parties have had opportunity to review their choices. Dale Ladd, 1135 East Avenue, the applicant, stated that it is not necessary for the street to be abandoned as long as an agreement is in place to create the appearance of a parking lot and allow for one continuous parking area. He stated that City Staff had thought it more appropriate to abandon the street and recommended that the City Council table indefinitely until the cross-access agreement is achieved. City Manager Saunders concurred and stated that when that has occurred the City will re-advertise and bring it back for approval. Mr. Ladd stated that in the meantime he will proceed with the assumption that everyone agrees that he is going to change the appearance of the street. motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to table Ordinance No. 450-M indefinitely. City Manager Saunders stated that the next four items on the agenda as well as Resolution No. 1260 later on the agenda all concern single family residences at 1147 and 1225 Hampton Street. He stated that the area is currently residential and gave the general location of the two properties. He stated that some concern has been expressed that if the City Council grants these requests then the City would be piecemeal changing this four block area. He stated that while the applicant is anxious to be heard the City Council should hold a workshop regarding the future of the area first. Discussion followed regarding the proposed workshop. City Attorney Guthrie stated that the topic of the workshop should be comprehensive planning and that announcing it tonight as a public meeting would allow the workshop to take place prior to the July 9, 2002 City Council meeting, which would be the next time this item could be heard. Mayor Turville explained to those present that area residents and applicants of this request could attend this meeting to express concerns. He then requested that those present tonight briefly state whether they would be interested in such a meeting or not. Several residents of the community expressed that a workshop regarding this request would be a waste of time because they did not wish to see this request approved. After discussion it was determined that the workshop should not be held and the public heating should move forward at this time. City Manager Saunders stated that Ordinance No. 452-M and Ordinance No. 454-M should be heard first because Ordinance No. 45 l-M, Ordinance No. 453-M and Resolution No. 1260 should not be adopted if those do not pass. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 8 Ordinance No. 452-M - Final Reading Ordinance No. 454-M - Final Reading Mayor Turville read the ordinances by title only. Planning Director Brown stated that the applicant is requesting a Small Scale Comprehensive Plan Amendment to change the Future Land Use classification from NED-4/Residential to EBD-2/Commercial or Residential/Professional and is requesting to rezone from R-2/Residential to R-3-A / Residential/Professional the property located at 1225 Hampton Street. Planning Director Brown stated that the applicant proposes to convert the single family residence at this address into a professional office in the future. He explained that the south half of the lot has the proper Land Use classification and zoning in place to allow professional office use but the north half of the lot does not have the proper Land Use classification or zoning to allow professional office use. He further stated that the R-3-A zoning would require a Conditional Use Permit to allow professional office use. City Manager Saunders spoke regarding the two different Land Use classifications and zonings of the lot and stated his opinion is that a mistake was made as to where the line between residential and other uses was placed. City Manager Saunders recommended that the City Council either table or deny this request until a plan for the area is in place. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Larry Kingston, 505 Drew Avenue, spoke regarding his request and stated that his plan is to use this as an office for five to six years. Levonia Paul, 1126 Hampton Street, spoke in opposition to the request. Heather Lucas, 1123 Hampton Street, spoke against allowing commercial or office use in the neighborhood. Wally Herda, 1109 Hampton Street, spoke in opposition to the request. Joy Cooper, 1147 Hampton Street, spoke regarding the previous property owner. Ms. Lucas spoke again regarding Mr. Kingston's statements to the Planning & Zoning Commission versus his statements tonight. Ms. Paul spoke regarding Mr. Kingston holding band practice there and asked how to prevent it. Mayor Turville asked Mr. Kingston what type of office is planned. Mr. Kingston stated that it would be used for his business of compiling musical scores and video editing. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 9 City Manager Saunders stated that this use may not be allowable, even with a Conditional Use Permit. Mayor Turville closed the public hearing at this time. Council Member Mullins stated that the two halves of the property should be consistent and that this use does not seem consistent with the rest of the neighborhood. Council Member Renick spoke regarding the letters received from neighbors and stated that she is not comfortable with the request. Council Member Caputo stated that a plan for the neighborhood should be in place before approving a request and that the request should be tabled or denied until that is accomplished. Council Member Dupee stated that further discussion is needed for the area and stated that another property in the area has the same problem. Council Member Renick stated that this request should be denied because the neighbors don't want it. Council Member Dupee stated that a Conditional Use Permit should exist because a driveway has been poured at the address. Council Member Caputo stated he had met with Ms. Cooper. Council Member Mullins stated that this could come back after a workshop. .4 motion was made by Council Member Caputo, seconded b_¥ Council Member Mullins, and carried unanimousl_¥ to deny Ordinance No. 452-M without prejudice. .4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to deny Ordinance No. 454-M without pre_/udice. Ordinance No. 451-M - Final Reading Ordinance No. 453-M - Final Reading Resolution No. 1260- Angels of Mercy Mayor Turville read the ordinances and resolution by title only. City Attorney Guthrie recommended that the City Council table the requests indefinitely. Discussion followed as to whether a workshop would be welcomed or not. City Manager Saunders asked if the City Council wished to address the issue tonight. Council Member Caputo asked if the property can be left with the two Land Use classifications and zonings. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 10 City Manager Saunders stated that the property owner would have to comply with the most restrictive USe. Joy Cooper, the applicant, spoke regarding her request. Discussion followed regarding the possibility of these requests coming back after a workshop is held. Council Member Renick stated she had visited Ms. Cooper's home. Council Member Mullins stated that this is a good cause but that this is not the right location. City Manager Saunders stated that this will not be discussed at the next workshop but at a future date. ~4 motion was made b_¥ Council Member Caputo, seconded by Council Member Mullins, and carried unanimousl_¥ to table Ordinance No. 451-M, Ordinance No. 453-M, and Resolution No. 1260 indefinitely. Resolution No. 1259 - Ryder/Budget Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the operation of a truck rental facility on the east side of U.S. 27, south of Hook Street. He stated that the existing office building on site would be used as the rental office and that the trucks would be in the fenced area. He further stated that this would be a temporary permit for two years. Mayor Turville requested that Planning Director Brown explain the reason for the two year permit. Planning Director Brown stated that the property owner is marketing the property for sale and that the City wanted to have a trial period at this location to determine if it is appropriate. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: James Buttram, 1734 Neta Place, the applicant, spoke regarding the request. Mrs. Charles Russ, the property owner, spoke in favor of the request. Mayor Turville closed the public hearing at this time. Mr. But-tram stated there will be no tractor rental at this site, trucks only. ,d motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1259. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 11 Resolution No. 1261 - David Walpen Mayor Turville read the resolution by title only. Mayor Turville stated that he had spoken to Alan Pool regarding the fact that the Planning & Zoning Commission had tabled this request at their meeting due to the applicant's absence. He then asked City Attorney Guthrie if the City Council is obligated to table the request as well or if it can choose to move ahead. City Attorney Guthrie stated that the Planning & Zoning Commission has the opportunity to review requests and make recommendations, but that the City Council can hear requests without a recommendation from that Commission. After discussion by Mayor Turville and Council Members Renick and Mullins, it was the consensus of the City Council to move forward with the request. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the operation of an ice cream shop at 824 Montrose Street. Mayor Turville opened the public hearing at this time. David Walpen, 824 Montrose Street, the applicant, stated he was available to answer any questions. Mayor Turville closed the public hearing at this time. Council Member Caputo stated that language regarding attendance at hearings could be added to notices that are sent to property owners and applicants prior to Planning & Zoning hearings. Council Member Dupee stated that she had attended the last Planning & Zoning Commission meeting and spoke regarding language that could be added to application forms advising applicants to be present at hearings. Mayor Turville stated that it is not always necessary for the applicant to be present. City Manager Saunders stated that a disclaimer could be added stating that the Planning & Zoning Commission could table the request if no one is present to answer questions. Council Member Caputo stated that the disclaimer could read "Failure to appear may cause a delay in the process." Council Members Caputo, Dupee, Mullins and Renick stated that they had also spoken to Mr. Pool. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimousl_v to adopt Resolution No. 1261. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 12 Resolution No. 1262 - Lennar City Manager Saunders stated that prior to the Planning & Zoning Commission meeting the applicant had requested that this item be tabled to the City Council meeting of August 27, 2002. Discussion followed regarding the proper time to hear this request. A motion was made by Council Member Mullins, seconded bp Council Member Caputo, and carried unanimously to table Resolution No. 1262 to the Ci~ Council meeting of August 27, 2002 (time certain). Variance Request - Levitt Care Corporation Planning Director Brown stated that the applicant is requesting a variance to allow a side yard setback of 5.8 feet where 7.5 is required and a rear yard setback of 13.8 feet where 15 is required for 808 Hawks Bluff in the Summit Greens subdivision. Mayor Turville opened the public hearing at this time. Jim Purvis, 4206 Hammersmith Drive, spoke regarding the request. Mayor Turville closed the public hearing at this time. City Manager Saunders stated that the survey attached to the request reflects that the house does fit the lot but was not placed correctly on the lot. Discussion followed regarding the inspection and survey processes and how best to prevent this occurrence in the future. The possibility of implementing a tiered application fee or changing City Code regarding surveys was also discussed. It was the consensus of the City Council to direct City Manager Saunders to send a letter conveying their strong concerns to the developer regarding this second request for variance, and to include a copy of the minutes of this meeting. Mayor Turville stated that the City Council could condition future phases of the subdivision to require slab surveys if this problem persists. A motion was made bY Council Member Dupee, seconded by Council Member Mullins, and carried by a vote of 4 to 1 to approve the Variance Request, and to direct Staff to send a letter and minutes to developer conveying the Ci_ty Council's concerns, with Council Member Caputo being the opposing vote. Bid Award - Manhole Renovations City Manager Saunders requested that all bids received for this project be rejected as none of the bidders met the bid requirements except one, who was way over budget on price. He recommended that this be re- bid. CiO~ of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2002 Page 13 motion was made b? Council Member Renick, seconded by Council Member Mullins, and carried unanimously to reject all bids and re-bidfor this project. Mayor Turville asked is anyone wished to speak on any other issue. Richard Tegen, 2292 Twickingham Court, asked if the variance for the old Clervue Drive-In sign is still in effect. He stated that something should be done to get rid of it. Planning Director Brown stated that the variance becomes void if not in place one year after granting. He stated he would send a letter regarding this code violation. Jim Purvis spoke regarding the Center Lake muck removal project and stated that it looks very nice and should have a fountain installed. Discussion followed among Council Members regarding fountains. Larry Kingston spoke to the City Council regarding property owners versus renters speaking at public meetings. Council Members Renick and Mullins spoke regarding Mr. Kingston's request heard earlier this evening. There being no further business, the meeting was adjourned at 11:00 p.m. Hal Turville, Mayor