Loading...
06-11-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 11, 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 Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick requested that the breakdown of parking spaces as presented by Dale Ladd regarding the Galleria project be included on page 13 and that Mr. Ladd's comment that deliveries for the project will be handled the same as in the rest of Clermont be included on the same page. A motion was made bp Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the minutes o_f the Regular Council Meeting held May 28, 2002, as amended. REPORTS City Manager Saunders' Report City Manager Saunders announced that the Groundbreaking Ceremony for the new City Hall is scheduled for Friday, June 21 st at 9 a.m. after the Chamber Breakfast and reminded the City Council of the upcoming Joint City/County Workshop to be held on Monday, June 24th from 9 a.m. to 12 p.m. at Jenkins Auditorium. Council Member Renick's Report Council Member Renick spoke regarding the lack of enforcement of water restrictions and requested that the possibility of targeting the enforcement of water restrictions during a certain time frame to promote awareness of the issue be discussed at a future workshop. Council Member Caputo's Report Council Member Caputo stated he has received complaints regarding the sale of vehicles at the old Quincy's restaurant site. Planning Director Brown stated that the vehicles had been removed. Council Member Caputo stated he had attended a Department of Transportation meeting in Winter Garden regarding the 6-1aning of S.R. 50 and the S.R. 50/U.S. 27 Interchange. He referred to two renderings and stated that DOT is considering both possibilities for the Interchange. He requested that this item be placed on the agenda for the upcoming City/County workshop for further discussion. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 2 Council Member Caputo then stated that he had discussed Steve's Road with Lake County Public Works Director Jim Stivender and that Mr. Stivender had indicated that this was not a priority for the County. He stated that they had discussed the possible postponement of the third phase of Hook Street in order to get this done. He then requested that this item be placed on the agenda for the City/County workshop as well. Council Member Caputo stated that he had attended the last committee meeting for the upcoming NJCAA Tournaments and that discussion of tournament setup revealed that three flags are typically used. He stated that the U.S. flag and the State flag could be used but that he had discovered that there is no official City of Clermont flag, and that he felt a newly created City flag would be appropriate for this ceremony. He suggested that the City could have the area schools contribute ideas for the flag and hope to use some of them in conjunction with the City logo in creating a new flag in time for the opening ceremonies for the tournaments and for use at City Hall in the future. Council Member Caputo then spoke regarding a letter received fi.om Basha Schlazer commending Parks & Recreation Coordinator Amy Lesner. He stated that he has recently attended Parks & Recreation Committee meetings and stated he hopes to discuss some vandalism that has occurred at a future workshop. Council Member Dupee's Report Council Member Dupee stated that June 13th is the date for the Business After Hours from 5:30 to 7:30 p.m. at the Lakeridge Winery and that the program for the Chamber of Commerce Breakfast on June 21 st at 7:30 will be Orlando Chamber President Jake Stewart and Michael Gallus ofmyregion.org. She stated that July 12th at noon will be the Lake County League of Cities luncheon at Silver Lake Country Club and that the Water Initiative by Chairman Crotty (2nd Phase) will be held that morning at Silver Lake Country Club from 8 a.m. to 12 p.m. Council Member Dupee stated that the Lake County Water Authority's Conservation Task Force has published a bookmark in conjunction with the Lake County Library System. She provided these to her fellow Council Members and stated she has more if anyone present would like one and that these are available at Cooper Memorial Library as well. Council Member Dupee stated she would like to discuss cars and trucks for sale on private property in the near future. Council Member Dupee then stated that she had attended the Tourist Development Council meeting along with a contingency fi.om the Economic Development Council. She stated that the vote was 5 to 2 in favor of the 4 cents tax. She stated that 2 cents is the current tax and that the third penny could be used to promote local activities and the fourth cent could be bonded, with the first one and a half million to be used to build an indoor track and basketball facility at the National Training Center, to help bring smaller indoor Olympic teams here in preparation for the 2004 Olympic games. No Other Reports City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 3 PROCLAMATIONS Mayor Turville publicly proclaimed June 14, 2002 as National Small Cities Day and read the proclamation publicly. PRESENTATIONS Carol Harrison, Liaison of the Beautification Committee, and Mayor Turville presented a Certificate of Appreciation to Micki Blackburn Wolfe of Micki Blackburn Realty, Inc. Ms. Harrison thanked Ms. Wolfe for her efforts to allow the trees on the site where her business is located to grow canopy, even though one of the trees blocks her sign. Mayor Turville stated that Ms. Wolfe is a very active member of the community and that she is very deserving of this award. Mayor Turville then thanked Ms. Harrison for her efforts as well. UNFINISHED BUSINESS Open Air Sales & Tent Permits - Anna Stephenson's Funtime Fireworks City Manager Saunders stated that the applicant is requesting an open air sales and tent permit for June 25~ - July 5th to sell fireworks on the vacant parcel just north of the Clermont Motor Lodge on the frontage road north of S.R. 50, on the west side of U.S. 27. He stated that this item was tabled at the last meeting in order to allow him to speak with Fire Chief Bishop regarding the request. City Manager Saunders stated that Lake County currently does not have a ban in force and that Fire Chief Bishop felt that current conditions are very low risk but would like to reserve the right to revoke the permits if a ban is put in force or if conditions change. Yvonne Allen, American Eagle Fireworks, asked if a ban would also apply to local merchants who sell fireworks. City Attorney Guthrie stated that State Law provides that bans apply at all levels for higher categories of fireworks but that he is unsure how bans are applied to the lower levels of fireworks. Mayor Turville stated that while the weather is always a concem he also feels that the local businesses constantly contribute to the community while temporary permit holders only drop in and out to sell seasonal items, which is unfair to the local merchants. Ms. Allen spoke at length regarding itinerant merchants versus seasonal merchants and contributions she makes to the communities she sells in. Council Member Renick stated that the question of the ban applying to all sales of fireworks is fair and asked if fireworks would be pulled from the shelves of local stores if a ban comes into effect. City Manager Saunders stated that bans placed in that past have applied to all sales. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 4 Council Member Dupee asked for specifics regarding access to the site. City Manager Saunders stated that the site is accessed from the frontage road that runs from S. R. 50 to Highland Avenue. Council Member Dupee verified with City Manager Saunders that no parking is allowed on the frontage road. City Manager Saunders stated that the regulation is no parking along the frontage road. Council Member Renick asked the history of Open Air Sales & Tent Permits at this site. City Manager Saunders stated that there have typically been problems with parking and/or traffic along the frontage road when there was an open air event at this site. Discussion followed regarding fireworks sales in the past. City Manager Saunders stated that there have not been any fireworks sales in the last couple of years in the City due to bans being in force. Mayor Turville stated that this site has had car sales in the past. City Manager Saunders stated that there have been significant traffic problems with those car sales at this site. Council Member Renick stated that of the two requests for permits on the agenda one would be much more of a traffic hazard than the other. City Attorney Guthrie stated that would be a legitimate reason for denial of a request for permit. A motion was made by Council Member Caputo, seconded bY Council Member Mullins, and carried bY a vote of three to two to approve the permits with the stipulation that Cit~ reserves the right to revoke if conditions change or a ban is placed in force by Lake Count~, with MaYor Turville and Council Member Renick being the opposing votes. Open Air Sales & Tent Permits - American Eagle Fireworks City Manager Saunders stated that this request is for Open Air Sales & Tent Permits to sell fireworks in the east side ofU. S. 27 just south of the Florida Motel from June 18~ through July 7th. He stated that this is a large vacant area that is a part of the Florida Motel property. He stated that Staff has concerns with this site regarding parking and the fact that there is no direct access to the vacant parcel. He stated that there is a concrete stormwater flume that separates U.S. 27 from the site and that a possible solution is to obtain permission from the adjoining property owner to the south to use the access at that site. He stated that the City would recommend that cross-access permission be granted in writing before considering this site, otherwise traffic would stop on the shoulder of U.S. 27 since there is no other access. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 5 Bob Wade, the property owner, distributed maps of the site and stated that there are two points of ingress and egress to this site as well as a median cut. City Manager Saunders stated that there is no access to the property fi.om U. S. 27 without crossing the flume. Mr. Wade stated that access could be gained through the Orange Services property to the south. City Manager Saunders stated that could occur with permission fi.om that adjacent property owner. Mr. Wade and City Manager Saunders discussed the site and access issue further. Jim Purvis spoke as a concerned citizen against the permit due to the lack of adequate access to the site and the high speed of traffic on U.S. 27. Ms. Allen stated that in her original request for permits she had requested to use the South Lake Plaza shopping center as the site and was rejected due to lack of parking and only one event a year being allowed with the furniture store in the Plaza having already held it. She then spoke regarding past sales in the City and regarding the current site. Council Member Caputo agreed with City Manager Saunders by stating that this is not a good location and stated that the Police are constantly running radar in the area. Council Member Mullins commented that the sites for both Open Air Sales & Tent Permits requests tonight are next to motel properties. He then stated that traffic is a concern and that he would be more apt to support this particular request with a written cross-access agreement with Orange Services in place. Mayor Turville asked how proper signage for the sale would be handled with the entrance being on the adjacent property. Council Member Mullins stated that the signage could be addressed in the cross-access agreement. Council Member Renick stated that traffic and parking are more of a concern with this request than the last one. Council Member Dupee read fi.om the City's Code of Ordinance regarding the allowance of one sale per year. She then stated that she had spoken to Charlie Russ, the owner of Orange Services, the adjacent property to this site, and stated that he had conveyed to her that he would not be interested in allowing cross access from his property. She then stated that she is not comfortable with this site for the sale. Ms. Allen spoke regarding the time constraints involved in trying to find another site and stated that there had been difficulty in obtaining a site plan for the South Lake Center fi.om the Planning & Zoning Department, which slowed down her request. She then requested that the City Council allow her to present another site before the next City Council meeting for approval. Mayor Turville stated that it could be considered at the next City Council meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 6 City Manager Saunders stated that the deadline for receipt of materials for the next City Council meeting is Friday, June 14th. Ms. Allen stated that she would submit information by Monday for inclusion on the next City Council agenda. Mayor Turville stated that she should submit as soon as possible. City Manager Saunders stated that Staff can try to include anything received as late as the following Monday or Tuesday but it would be best to submit by Friday. A motion was made bp Council Member Caputo, seconded by Council Member Renick, and carried unanimously to deny the request for Open Air Sales & Tent Permits. Variance Request - Highland Real Estate Planning Director Brown stated that the applicant is requesting a variance to allow the required landscape buffer to be placed in an easement rather than a tract for the Hartwood Pines subdivision at the northeast comer of Hartwood Marsh Road and Hancock Road. He stated that the subdivision is currently in the Site Review process and is approximately 20 acres zoned R-l/Residential. He stated that the applicant is requesting the variance because Staff has requested dedication of between 29 and 35 feet of right of way along their southern boundary of Hartwood Marsh Road to ensure 120 feet in width of right of way on Hartwood Marsh Road. He stated that this dedication is in excess of requirements by Lake County. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Dale Ladd, 1135 East Avenue, the applicant, spoke regarding the request and regarding the dedication of right of way. Jim Purvis, 4206 Hammersmith Drive, spoke in favor of the request. Mr. Ladd spoke regarding the granting of a perpetual easement to the Homeowners' Association for maintenance purposes. Mayor Turville discussed the number of homes in the subdivision with Mr. Ladd. Mayor Turville closed the public hearing at this time. Council Member Mullins asked Planning Director Brown if the fence would disappear if Hancock Road were widened to the maximum allowed and, if so, what would happen to the landscaping. City Manager Saunders stated that the landscaping would remain because City Code requires that buffers be on the road side of the fence. Mayor Turville discussed the street names for the subdivision with Mr. Ladd. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 7 Council Member Caputo asked why Levitt Homes was asked to dedicate the right of way on the other side of Hartwood Marsh Road prior to approval but an exception is being made for this developer. Planning Director Brown stated that he had failed to include the dedication of right of way for Hartwood Marsh Road in the rezoning agreement, but that the applicant has dedicated above and beyond what has been called for. Council Member Renick stated she had assumed that this property owner had donated the same right of way as the others on Hartwood Marsh Road. City Manager Saunders stated that this applicant is willing to donate the 100' feet of right of way as requested by the County, but that the City has asked for dedication of additional right of way to allow for 120 feet. He stated that the County feels this is not necessary but that the applicant is willing to donate the additional right of way with the granting of this variance for landscaping. Council Member Renick stated that the property owner across Hartwood Marsh Road from this property was asked to dedicated 120 feet of right of way. City Manager Saunders stated that property owner had been willing to donate because it did not create any type of change to their development plan. Council Member Dupee stated that at least 8 foot sidewalks should be planned to encourage pedestrian and bicycle traffic. She stated that the Land Development Regulations should possibly be changed to require this. City Manager Saunders stated that wider sidewalks had been required for some other subdivisions that were Conditional Use Permits and that while this variance cannot be conditioned this can be looked at in the Land Development Regulations and can be discussed with Mr. Ladd in Site Review. Council Member Dupee stated that this should be required for every request, particularly when close to shopping. Discussion followed regarding the 120 feet of right of way and requirements in Lake County versus the City. Planning Director Brown stated that the City has learned from experience that 100 feet is the minimal amount necessary for a four lane roadway, and that 120 feet allows a wider median and provides more room for wider sidewalks. Planning Director Brown then spoke regarding this dedication not being included as part of the rezoning agreement with this applicant. Council Member Caputo stated that he is concerned that the City will have to purchase right of way in the future along this roadway. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 8 City Manager Saunders stated that requesting the 120 feet of right of way in the rezoning agreement probably would have resulted in the same variance request as is before the City Council this evening, therefore it probably would have made no difference. He then stated that the landscape buffer will be the same distance from the center line and will be the same type of landscape area, so the affect the City wants to achieve will be accomplished. Mr. Ladd stated that the only intent in this request was to honor the City's request for the additional 20 feet of right of way and allow the project to remain the same, and that all elements of the landscape buffer would remain the same as well. He stated that they had redesigned the whole project after the request for the additional 20 feet in order to attempt to accommodate the request. Council Member Caputo asked if language should be added to prohibit removal of the buffer by residents. Planning Director Brown stated that would be addressed in the Homeowners' Association documentation. Mr. Ladd stated that buffer maintenance would be addressed in that documentation as well. Council Member Dupee asked how bus stops and streetlights are being addressed for Hartwood Marsh Road. City Manager Saunders stated that Hartwood Marsh is a County road and he was unsure how they address bus stops, but that streetlights along the frontage are required as part of the approval for the subdivision. Council Member Dupee stated that the City should coordinate with the School Board on bus stops. A motion was made bY Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to approve the variance request. Ordinance No. 450-M - Introduction Mayor Turville read the ordinance by title only. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 450-M. Ordinance No. 451-M - Introduction Mayor Turville read the ordinance by title only. A motion was made bp Council Member Caputo, seconded by Council Member Renick, and carried unanirnousl_¥ to introduce Ordinance No. 451-3/1. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 9 Ordinance No. 453-M - Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by Council Member Renick, seconded bP Council Member Mullins, and carried unanimously to introduce Ordinance No. 453-M. Ordinance No. 452-M - Introduction Mayor Turville read the ordinance by title only. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 452-M. Ordinance No. 454-M - Introduction Mayor Turville read the ordinance by title only. `4 motion was made bY Council Member Mullins, seconded bY Council Member Renick, and carried unanimously to introduce Ordinance No. 454-M. Mayor Turville asked is anyone wished to speak on any other issue. Don Ballard, 3526 Westerham Drive, asked if U.S. 27 is a City or County road. Mayor Turville stated it is a federal road controlled by the State. Jim Purvis, 4206 Hammersmith Drive, spoke regarding the speed limit on U.S. 27 and stated that traffic on that road typically travels 20 to 30 miles per hour over the limit. He stated that the City has the responsibility to slow that traffic down. Discussion followed regarding traffic and various methods used to slow it down on U.S. 27. City Manager Saunders stated that the City has officers in that area and that there is one State Trooper as well. Ronaldo Camargo, 1949 Brantley Circle, asked how to go about requesting a flashing yellow light and a sign regarding the traffic signal and radar in the area north of Kings Ridge on U.S. 27. City Manager Saunders stated that only the State of Florida can approve any type of signalization or signage on U. S. 27. He stated that the City or County could request it. Discussion followed regarding this process and regarding past requests the City has made regarding U.S. 27. Mayor Turville told Mr. Camargo that the City will file application for the request. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2002 Page 10 Council Member Renick asked if the City could have a petition available residents to sign to forward with the application. at Council meetings for Mayor Turville stated that the signed petition could be forwarded with the request. Mr. Camargo then asked for an update regarding the City's Emergency Management Plan and what methods are used to inform residents of updates or changes. City Manager Saunders stated that the City is currently updating its departmental disaster preparedness manuals and is putting together a brochure to be published in the near future as a part of that process. He stated that this information is already available through other agencies. He then spoke regarding the City's hopes to have a website included in the next year's budget. Mr. Ballard then spoke regarding the 911 response time on U.S. 27 South being too long and stated that the City's Fire Station #2 is closest to this area. He asked why the response time was so long. City Manager Saunders stated that Lake County has jurisdiction over that area and they call the City if they can't get there. Mayor Turville then stated that this is the reason that the City began being first responders inside the City, because it does sometimes take too long for the County to respond. He then spoke regarding the City recently entering into agreement to provide first response under the Lake Sumter EMS system with provisions in place for some reimbursement. He further stated that in the future the County and cities will look at structuring services from a geographical standpoint to provide faster response times. Council Member Dupee spoke regarding the City considering its taxpaying residents as first entitled in the past. Mr. Purvis stated that services should be provided as needed in the whole County. There being no further business, the meeting was adjourned at 9:10 p.m. J~epl~~r'k al Turville, Mayor