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05-27-2003 Regular Meeting City of Clermont 0 MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 27, 2003, at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, Mullins. Council Member Renick was absent. Other City officials present were City Manager Saunders, Planning Director Brown and and Deputy City Clerk Warren. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the minutes qf the Regular Council Meeting held May 13, 2003. REPORTS City Manager Saunders - City Manager Saunders requested a Public Workshop to discuss the Irrigation Agreement between the City and Lennar Homes. City Manager Saunders requested that the workshop be held on June 10, 2003, an hour prior to the Council Meeting. Mayor Turville requested that this item be placed on the Agenda for June 10, 2003, and instructed that the public be appropriately notified. City Manager Saunders advised the item will be placed on the agenda. City Attomey Guthrie - None Council Member Ash - Council Member Ash advised that she had attended the Lake County Board of Commissioners meeting and confirmed that they had received the City's letter regarding the rezoning of the Hartle property. Council Member Ash advised that the County has delayed consideration of the rezoning for 30 days. Council Member Caputo - Council Member Caputo reported that the National Junior College Athletic Association, Sot~ball Tournament was a huge success, and again expressed his appreciation to City Manager Saunders and staff for a job well done. Council Member Caputo advised that Dr. Dot Richardson on behalf of the National Training Center is trying to put together a bid for Clermont to host the 2006 Olympic tryouts for the Triathlon event. Dr. Richardson has been advised by State Tourism Committee that Lake County is considering offering $30,000 in support of the bid. Mr. Caputo requested a workshop to discuss the possibility of Clermont being an equal partner with the County and backing the bid. Council Member Caputo also advised that Mr. Fred Sommers of Sommers Sports offered his assistance in pursing this event. Council Member Caputo pointed out the deadline for consideration is June 15, 2003. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 2 Mayor Turville suggested it would be in the best interest of both parties to have a workshop prior to the item being placed on the Agenda and suggested a workshop for the first week of June. City Manager Saunders suggested Thursday, June 5, for the workshop. All Council Members confirmed their availability to attend. Council Member Mullins - None Mayor Turville - None CONSENT AGENDA Mayor Turville asked if anyone wished to pull any item of the Consent Agenda for discussion. Item- 1 Neighborhood Center Time extension for move Item - 2 Pig on the Pond, Inc. Request to use Waterfront Park for the 6th A~mual Pig on the Pond event to be held on March 11,12,13, 2004. Item- 3 - Center Lake Stormwater Project Bid Approval Item 4 -Telephone System for City Hall Approval Council Member Ash asked that Item 3 be pulled for discussion. A moa'on was made bp Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1, 2 and 4 qf the Consent Agenda. Item- 3 - Center Lake Stormwater Project Bid Approval Council Member Ash expressed concem regarding the financial backing for the Center Lake Stonuwater Project, specifically conceming funds previously allocated to the Bloxam Avenue stormwater project. City Manager Saunders stated he did not feel the Bloxam project would in anyway be jeopardized as a result of using these funds. City Manager Saunders pointed out the City is just in the preliminary design stages of this project and advised it would be well into the next fiscal year before bidding the project out, and by that time new revenue will be available. Council Member Ash asked what are the chances for receiving funding from the Florida Department of Transportation (FDOT). City Manager Saunders advised he had spoken to the FDOT representative last week, and was advised that the City's chances were very good to receive funding for this project. Council Member Ash asked if the City does not receive funding from FDOT, will the City then be responsible for approximately a quarter of a million dollars for this project. City Manager Saunders pointed out that the City currently has $256,000 budgeted for the project and if no additional funding was provided $103,000 could be taken from the Bloxam project. City of Clermont ~ MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 3 Council Member Ash asked about the increase in cost from the time of the original estimate. City Manager Saunders stated the estimate is approximately 3 years old and the original estimate was before any design work had been completed. Once the design work was incorporated into the estimate the amount did increase. A motion was made by Council Member Ash, seconded bY Council Member Caputo, and carried unanimously to approve Itetn 3 of the Consent Agenda. UNFINISHED BUSINESS Eddie Yeh Variance Request Planning Director Brown advised the applicant is Jinmay D. Crawford and the owner is Mr. Eddie Yeh. The property is a vacant commercial lot located on the north side of SR 50, between Tenth Street and Linton Court, south of Broome Street. The owner, Mr. Eddie Yeh is requesting the following variances: 1) To allow for a 15' wide landscape buffer along SR 50 in lieu of the required 20' buffer 2) To allow for a 5' wide landscape buffer along 10th and Broome Streets in lieu of the 15' required buffer 3) To locate a driveway 37' from the intersection R-O-W lines of 10t~ and Broome Streets in lieu of 167' required. 4) To locate a driveway 42' from the intersection R-O-W lines for Linton and Broome in lieu of 167' required. 5) To construct a building 15' from the rear property line in lieu of the 25' required. 6) To construct a building 15' from the Broom St. R-O-W in lieu of the 25' required. Staff heard this request on April 22, 2003, and advised they did not support the variances being requested. At that time, Mr. Crawford asked that the item be tabled to the May 27, 2003 meeting in order to allow the owner time to re-evaluate his request. Staff is willing to work with the owner and with the difficulties associated with this property due to the newly adopted landscaping requirements and right-of-ways on all four sides. At this time staff supports the 10' wide landscape buffer along Tenth, Broome and Linton rather the 15' required by code. Staff does not support the 5' landscape buffer requested by the applicant nor the requested 15' buffer along S.R. 50. Staff does support the requested setback variances and driveway location variances. The requested variance should apply to office use only and to the site plan currently presented. Deputy City Clerk Warren swore in Mr. Yeh. Mr. Crawford requested that the comments and presentation from April 22, 2003 meeting regarding this request be incorporated into the records of this meeting. Mr. Crawford advised that he has met with the project engineer mad has come up with a plan that meets staff recommendations and the needs of the applicant. Mr. Crawford provided copies of the proposed site plan to Council. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 4 Mr. Crawford pointed out the justification for this request is due to the fact that the lot is restricted by the right- of-ways on all four sides and new landscape requirements. Mr. Crawford stated the applicant is willing to give up the typical C-2 uses, except for office only. There will be no restaurant or retail use allowed. City Manager Saunders asked Mr. Crawford if the owner was willing to accept a 10' landscape buffer on Tenth, Linton and Broome. Mr. Crawford concurred. Mayor Turville asked if the parking requirements will be met. Mr. Crawford concurred. Council Member Caputo asked what was the total number of variances being requested. Mr. Crawford advised the applicant is requesting a 10' wide landscape buffer along Tenth, Broome and Linton; a 15' rear set back instead of 25' and the driveway location variances. Council Member Caputo asked Planning Director Brown what is the size of the building. Planning Director Brown advised the building is 11,000 square ft. (62.5 X 88). Mayor Turville e:[pressed concern for granting a variance to vacant land. Mr. Crawford pointed out the plan presented is specific to the use that the applicant is requesting, and will be for office use only. Mayor Turville stated it is difficult to prove .a hardship on the site when we do not have a specific project for the site. Council Member Caputo stated he understood the need to grant variances to properties with specific hardship, but expressed concern about granting a variance to a vacant lot on Hwy 50. Mr. Crawford responded by saying that the property could not be developed according to either the City's or the property owners desire without variances. Mr. Crawford suggested the most likely use of the property, without approval of the variances, would be a takeout/drive thru restaurant, which may be less than desirable to the surrounding neighborhood. Council Member Caputo asked Planning Director Brown if there would be an adverse effect by having a driveway cut on Hwy 50. Planning Director Brown responded by saying regardless of the use he did not see the need for a driveway on Hwy 50 because of roadways on either side. Planning Director Brown did suggest there may be driveways off Tenth or Linton and each would require setback variance from intersection fight-of-ways. Council Member Caputo asked if the existing aprons on Hwy 50 are with code and usable? Planning Director Brown stated he would not encourage the use of those aprons. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 5 City Manager Saunders stated the applicant is willing to give up the existing driveway cutouts on Hwy 50 in retum for the variances for the driveway entrance on Broome Street and suggested it would be much more desirable to have an entrance to the property from Broome Street rather than Hwy 50. Council Member Caputo asked if the cutouts could be used by a future owner on the property and asked if they were grandfathered in. City Attomey Guthrie advised if the owner or future owner were going to pursue a use that did not require the approval of Council, there is the possibility that the cutouts could be used. City Manager Saunders stated the variance request states the specific use as professional office only as depicted in the site plan presented by Mr. Crawford. Mayor Turville again expressed his concem for granting a variance to a site that did not have a specific use outlined in the request. Mr. Yeh stated he would like to sell the property but if he is not able to, he will develop it according to the restrictions set forth in the variance, if approved. Council Member Caputo asked if a variance could be conditioned to a specific site plan. City Attorney Guthrie stated the variance can be conditioned to specific requirements and uses and advised any deviation from the approved request would require Council approval. A motion was made bY Council Member Caputo, to approve the variance, with attached site plan, seconded by Council Member Mullins Caputo. Discussion of the motion was as follows. Mayor Turville questioned the correctness in moving the site plan with the variance City Attorney Guthrie suggested the willingness of the applicant to submit ire site plan with the variance is beneficial to the City in the event the applicant should try to alter the plan in the future. The motion was approve bY a 3 to 1 vote, Mayor Turville voting to deny. Mary Brasher Developer Agreement Planning Director Brown advised the next three items on the Agenda all pertain to the same parcel. The owner of the parcel, Mrs. Mary Brasher is requesting that the property be rezoned from UE Urban Estate to C2 General Commercial. In order to do so a Small Scale Comprehensive Plan Amendment must be adopted to change the land use from Residential Professional to Commercial. If approved by Council, the property can be rezoned to C2 General Comnaercial. Staff wants to condition the re-zoning with a Developers Agreement that would limit the land uses for the site, and include specific conditions associated with future development. Planning Director Brown stated Mrs. Brasher purchased the property in the late 1960's. In 1986, the property was in the County and was rezoned to Community Commercial. In 1990, the property was annexed into the City and the property was inadvertently not rezoned to Conarnercial. In 1991, when the Land Use Map was adopted, the property was assigned a Residential Professional Office Land Use classification. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 6 Planning Director Brown specifically pointed out a Developer's Agreement would prohibit the following uses on the property: Automotive service stations, convenience stores and gas stations, automobile, track, boat and farm equipment sales, manufactured housing sales, travel trailer and recreational vehicle sales and residential storage warehouse. A 40' right-of-way shall be dedicated for the construction of a reverse frontage road on the north property line. Planning Director Brown advised the Council it is likely that the right-of-way will be dedicated by South Lake Hospital. If this does happen, Council will have the option of dropping the right-of-way requirement from the Developers agreement. Additionally cross access shall be provided to the property to the west in order to share a planned driveway fi'om S.R. 50 Mayor Turville asked City Attorney Guthrie to advise of the appropriate manner in which to proceed regarding these three items on the Agenda which pertain to the same property. City Attorney Guthrie advised if the Council is going to consider approval of all 3 items, they could be addressed consecutively, item by item. Ordinance No. 465-M Small Scale Comprehensive Amendment Mayor Turville read the Ordinance by title only. Ordinance No. 469-M Rezoning request from UE Urban Estate to C-2 Commercial Mayor Turville read the Ordinance by title only. Deputy Clerk Warren swore in Mrs. Mary Brasher. Mrs. Brasher stated her property should have been to rezoned C-2 Commercial at the time it was annexed into the City and was hopeful that the Council would approve this request. Council Member Caputo asked that the Developer's Agreement, Section 3 (d) regarding cross access be more specific. Planning Director Brown advised he would modify the agreement accordingly. Mrs. Brasher stated that she has a letter from the Florida Department of Transportation which states that both property owners will share access to the property and also a letter from Mr. Carter agreeing to joint access. A ~notion was made by Council Me~nber Mullins, seconded by Council Metnber Caputo, and carried unanimously to approve the Developers Agreement as a~nended A motion was made bp Council Me~nber Mullins, seconded by Council Me~nber Caputo, and carried unanimously to adopt Ordinance 468-M. A motion was made by Council Metnber Mullins, seconded by Council Member Caputo, and carried unanimously to adopt Ordinance 469-M. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 7 Highland Real Estate & Investment, Inc. Request for Water & Sewer Service for property located on Johns Lake Road Planning Director Brown advised the applicant is Dale Ladd of Highland Real Estate. The proposed subdivision is a 42 lot residential project located on the North side of Johns Lake Road, east of Lost Lake Reserve. The applicant is requesting water & sewer service to the property. Staff supports this request with provision to allow for annexation into the City when the property becomes contiguous to the City. The project as presented will be developed in accordance with the Joint Planning Area (JPA), Land Development regulations (LDR) with the exception of right-of-way width and landscaping requirement. The subdivision has already received preliminary plat approval with 50' right-of-ways, rather than.the 60' right-of-way required by the City and the proposed JPA Agreement. The applicant is willing to add 5' to the width of each side of the utility easement and will provide a 20' landscape buffer in an easement along Johns Lake Road. Planning Director Brown stated staff recommended approval of the request as presented. Mr. Dale Ladd was present and stated he has reviewed the JPA agreement and in his opinion it was still rather general but he will facilitate the JPA guidelines by agreeing to the utility easement and landscape buffer as stated above. Mr. Ladd requested that the proposal be amended to add the condition that was any standard that is not specific in the agreement, will be met by County standards. Mayor Turville asked City Attomey Guthrie to advise where such a provision should be located in the agreement and Mr. Gnthrie suggested the provision be located in Sec. 2, Development Standards, as item (4). Mayor Turville asked Planning Director Brown if he had any concerns regarding the requested provision. Planning Director Brown advised he felt the request could be accommodated as long as the areas that will be developed according to JPA standards are specific. Mr. Brown specifically pointed out utility construction standards, concurrence management, clearing and grading, stormwater management and drainage, signage and landscaping. Planning Director Brown also suggested adding to Section 2, Development Standards, item (5), which would require that the vehicular access standard for the project would meet County standards. Council Member Caputo questioned if the vehicular access standard would be Lake County rather than JPA. Planning Director Brown advised the vehicular access approved on the preliminary plat meets Lake County standards. City Manager Saunders explained the City and JPA standard would require two (2) access points to a major road if there are more than 25 lots, the county requires one. A motion was made by Council Member Caputo, seconded bp Council Member Ash, to approve a Water & Sewer Utilities Agreement sub/ect to the applicant complying with the proposed JPA and LDR. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 8 Mayor Turville asked Council Member Caputo if he intended to add the proposed amendments Section 2.(4) and 2.(5), as outlined by Planning Director Brown. Council Member Caputo advised he did not because he felt the JPA will require an applicant to adhere to the more stringent standard, which in this case will require two accesses to the project. Discussion of the motion. Council Member Ash expressed concern with the motion since the applicant already has preliminary plat approval from the County that clearly will not meet JPA standards. Mayor Turville asked City Attorney Guthrie, since the applicant has a preliminary plat approval and is making an effort to comply with the proposed JPA agreement, does the City have an issue with the Agreement that we have with the County. City Attorney Guthrie stated he felt the City could proceed with the proposed agreement. City Attorney Guthrie pointed out that the applicant does have a preliminary plat approval, which the City either needs to recognize or the property will not come into the City. Mayor Turville asked for City Manager Saunders for his input. City Manager Saunders agreed with Mr. Guthrie and did not feel the City was in conflict with the Agreement. Council Member Caputo stated if we are committed to the proposed JPA Agreement, we should hold the applicants to the standards of the JPA. Council Member Caputo pointed out when the property is annexed into the City it will not comply with City standards. Mayor Turville called for the vote and the motion failed 3-1. Council Member Caputo voted in favor of the tnotion, Mayor Turville, Council Metnbers Ash and Mullins opposed the motion. A motion was made bp Council Member Mullins, to approve the Water & Sewer Utilities .dgree~nent as amended to Section 2, items (4), (5), seconded bp Council Member Ash, approved by 3 to 1 vote, Council Member Caputo voting to deny. Highland Real Estate & Investment, Inc. Request for Water & Sewer Service for property located on Hartwood Marsh Road Planning Director Brown advised the applicant is Dale Ladd, the project is a 366-1ot subdivision, located on the south side of Hartwood Marsh Road and east of Regency Hills. The applicant is requesting water & sewer service to the property. The project as presented will be developed in accordance with the Joint Planning Area (JPA), Land Development regulations (LDR) with the exception of fight-of-way width and landscaping requirements. The subdivision has already received preliminary plat approval with 50' fight-of-ways, rather than the 60' right-of-way required by the City and the JPA agreement. The applicant is willing to add 5' on both sides of the utility easement and will provide a 22' landscape buffer, 12' which will be the drainage easement along Hartwood Marsh Road, the additional 10' will be provided in the Hartwood Marsh Road fight-of-way. City of Clermont '~' MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 9 Mr. Ladd stated he has agreed to F-curbs, as required by the City. Mr. Ladd stated it is his understanding that the City required the F-curbs in order to keep cars out of front yards. Mr. Ladd pointed out the proposed project will have 2 car garages and wings on the end of the driveway which will accommodate the parking needs of the residents. Mr. Ladd pointed out that the amount of curb that will be required to be removed is approximately a mile and half of curb, which will end up in a landfill. Mr. Ladd also stated his preference is to use Miami Curb because you do not have to cut and patch, thus allowing for better appearance and eliminate the need to discard curbing. Mr. Ladd did point out that he is opposed to amaexation and will do so reluctantly. Mr. Ladd asked for Council feeling about the project being annexed into the City. It was the concurrence to Council that the property is contiguous with the City and should be annexed. Mayor Turville opened the discussion up to the public. Attomey Cecilia Bonifay, representing Center Lake Property, which has several parcels within the vicinity of the proposed project, stated she would like to have the same considerations offered to the Ladds to also be offered to her client, if and when they are ready to develop their properties. Ms. Bonifay did point out the JPA Agreement has not been formally adopted at this time and stated public hearings could change or amend the Agreement pri. or to adoption Mayor Turville asked Ms. Bonifay if she was for or against the Agreement. Ms. Bonifay stated that she felt both parties had done a good job, but did not have an opinion either way at this time. Council Member Caputo pointed out the property when annexed, will not meet City standards as presented and stated he felt the Council would be sending the wrong message by accepting the plat because the applicant has received approval from Lake County prior to receiving approval from the City. Council Member Ash stated she understood Council Member Caputo's concems, but stressed the importance in maintaining quality development within the City. Council Member Ash referenced the fact that Mr. Ladd does have preliminary plat approval and his property in contiguous at this time. Council Member Ash pointed out that if Mr. Ladd's project is annexed, other JPA property contiguous with the Ladd project will not be eligible for annexation and this would greatly influence the future growth and development of the City. Council Member Mullins asked Mr. Ladd if he agreed to adding the amendments that were added to the John's Lake project, which would be Section 2 item (3) and (4) of this proposal. Mr. Ladd stated he did. A motion was made by council Member Mullins to approve the Water & Sewer Utiffties Agreement as amended ino Section,2, items (3), (4), seconded by Council Member Ash. Council Member Caputo stated for the record that he is not opposed to the annexation of this property, but he is opposed to the annexation as proposed. The motion was approved by 3 to 1 vote, Council Metnber Caputo voting to deny. Resolution No. 1312. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 10 A Resolution of the City Council of the City of Clermont directing that no parking or tow away zone signs be erected on Highland Avenue between Bloxam Avenue and US 27; authorizing posting of no parking or tow away zone signs on the fight of way; authorizing the ticketing of vehicles illegally parked as defined in section 316.1945, Florida statutes; authorizing the towing of vehicles illegally parked; providing for an effective date. Mayor Turville advised the public the Resolution was being adopted in order to address the continuing problems of parking where "No Parking" signs have been posted mad vehicles ticketed. Mr. Joe Janusiak was present and he is a crossing guard by the school and stated he feels this Resolution will greatly improve the situation. Mr. Walter Herda was present and thanked staff for their assistance in addressing this matter. A ~notion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Resolution 1312 K-2 Developers Agreement Planning Director Brown advised K-2 Development Inc., is developing a commercial parcel along the east side of south US 27, adjacent to Kings Ridge, and north of the Publix Kings Ridge Shopping Center. The property will be allowed to develop as C-2 General Commercial, with the following exceptions: no auto, track, boat and/or farm and major equipment sales, no manufactured housing, travel trailer or recreational vehicle sales, no residential storage warehouses, no adult entertainment and adult related retail sales and no industrial uses, no manufactured housing or recreational vehicle parks, no auto repair or similar uses shall not have bay doors facing US 27, no convenience stores/service station and no auto supply store where sale of automotive supplies is the primary use. Planning Director Brown pointed out Winsley Drive is a two lane street but there will be a requirement for an additional lane to allow turn lane improvements, and Cross access shall be provided between lots 1-3, and all signage shall conform to Code. In addition to the 10' landscape buffer required by code, a 10' wall will be required for property abutting Whitehall community. City Manager Saunders suggested there are several items required in the Kings Ridge Publix Shopping Center Conditional Use Permit (CUP) that might be applicable to the proposed agreement. City Manager Saunders advised he had received an e-mail from a Kings Ridge Resident, which highlighted some concerns regarding the development of this parcel. Planning Director Brown stated he felt the following requirements in the Publix CUP would also be desirable in this Developers Agreement: The rear lighting poles should be no greater than 25' in height and should include directional shields to contain lighting on site; Hours of operations, specifically vendor delivery; Garbage pick up hours. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 11 Council Member Mullins expressed concern regarding the amount of noise that would be channeled into the residential area from the auto repair uses, as a result of not being allowed to have bay doors facing US 27. At this time Mayor Turville open the meeting to public discussion. Ed Reed, Whitehall resident, suggested that a buffer of trees be planted inside the privacy wall to act as a sound barrier and to reduce the light problem. Mr. Don Ballard, pointed out Publix was required to plant trees as a landscape buffer, but since removed the trees required by the CUP. Council Member Caputo asked if there would be a specific type of tree required. Planning Director Brown advised they would have to meet code. Mr. Boothe advised that he was not aware of all the businesses that might want to occupy the shopping center and was somewhat concerned about the hours of operations because of a possible restaurant use that might required extended hours. Mr. Booth also pointed out the buffer on this project is substantially larger than the buffer at Kings Ridge Publix Shopping Center. Mr. Booth also advised, in order to maintain a consistent visual appearance, the fencing on the project will be the same as that on the Publix property. Mr. Booth stated that K-2 Developers is interested in clarifying the type of development and uses the City would like to see on the property. Steve Kelly of K-2 Development stated his concern regarding operation of hours is not limited to just restaurants but also for such retail uses as BlockBusters. Mr. Kelly stated he is aware of the need for a CUP for a restaurant use on the property and suggested hours of operations could be addressed at that time. Mr. Kelly did state restaurants such as Dennys could be considered under the current Kings Ridge's Planned Unit Development. Mr. Kelly emphasized first and foremost the developer wants to work with the City regarding future uses of this site. Council Member Caputo asked Mr. Kelly if hours of operations restricted to midnight, was workable for him. Mr. Kelly agreed it was. Council Member Caputo suggested hours of operations be from 6:00 a.m. to midnight. City Manager Saunders informed the Council hours of operations for Kings Ridge Publix starts at 7:00 a.m. Ms Joanne Mayo, resident of Kings Ridge, stated she lives right behind Publix and advised that deliveries start as early as 5:00 a.m., garbage pick-up is routinely before 7:00 a.m, and recently there has been construction in the shopping center until midnight. Ms. Mayo stated it was nice to have the restrictions, but it is of little value if not enforced. Mayor Turville asked Ms. Mayo if she advised anyone of the above mentioned violations. She advised she had not. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 12 Mayor Turville, encouraged Ms. Mayo to report such violations in order to allow the City to follow up and correction the situation. Mayor Turville emphasized the City needs to be infomaed of potential code violations. Ms. Mayo also mentioned that there are people sleeping in the tracks prior to delivery hours. Council Member Caputo asked if that was a code violation. City Manager Satmders advised he will have Code Enforcement follow up on it. Planning Director Brown advised the Council there are no limits on hours of operation in the Publix CUP but pointed out track deliveries were prohibited between the hours of 12:00 a.m. to 5:00 a.m and discouraged between the hours of 11:00 p.m. and 7:00 a.m. City Manager Saunders stated he felt the main concern is the hours for deliveries and garbage pickup and suggested that the hours of operations be the same as stated in the Publix CUP. Council Member Caputo suggested that the number of drive-thru uses on the out parcels be limited. Council Member Caputo also suggested that hours of operation be limited to midnight for restaurant uses. Mayor Turville asked Mr. Booth about the area between the Whitehall fence and the K-2 project and asked if that was the former commercial pine tree property. Mr. Booth advised it is and further advised that area is planned for retention pond, most of the trees will be have to be removed but they will try to save some trees if possible. A motion was made by Council Member Caputo, seconded by Council Member Mullins to approve the developers agreement, as amended. City Manager Saunders asked for clarifications of the amendments. Planning Director Brown advised the three additions were: 1) Rear lighting poles shall be no higher than 25' and will have directional shields. 2) Delivery times shall be prohibited between midnight and 5:00 a.m. and discouraged between 11:00 p.m. and 7:00 a.m. 3) Hours of operation will be from 7:00 a.m. to midnight, no 24 hour operation on the site and garbage pick up shall be from 7:00 a.m. to 10:00 p.m. Council Member Ash suggested the hours of operations start at 6:00 a.m. in order facilitate restaurants serving breakfast. Council Members concurred 6:00 a.m. would be a better time. 3) Hours of operation will be from 6:00 a.m. to midnight, no 24 hour operation on the site and garbage pick up shall be from 7:00 a.m. to 10:00 p.m. Motion was approved by a unanimous vote. Resolution No 1313. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 13 A Resolution of the City of Clermont, Lake County, Florida authorizing a budget amendment to the Infrastructure Fund for the City of Clermont for Fiscal Year 2002-2003. City Manager Saunders advised the two following resolutions are house-cleaning resolutions required by the auditors, if the City Council makes a budget change during fiscal year. ~4 motion was made bp Council Member Caputo, seconded bp Council Member Mullins, and carried unanimously to adopt Resolution 1313. Resolution No 1314. A Resolution of the City of Clermont, Lake County, Florida authorizing a budget amendment to the Community Development Grant Fund for the City of Clermont for Fiscal Year 2002-2003. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Resolution 1314. Crystal Lake Water Fowl Mayor Turville advised this item was discussed at the May 15, 2003 Workshop and it was decided that the swans should be relocated in order to give the residents at Crystal Lake some relief, especially since it was intended for the birds to be there only temporarily and it now has been over three years. City Manager Saunders recommended that the swans be relocated and put on consignment with the vendor fi.om whom they were originally purchased. City Manager Saunders stated after all work has been completed at Center Lake, the City can again consider placing Swans in the Lake. Mr. Vemon Nyhuis asked what is the time period for the removal of the Swans. City Manager Saunders advised the birds will be removed immediately and relocated with the vendor from whom they were originally purchased. Council Member Caputo asked if the feeder would be removed to discourage additional wildlife fi.om feeding at the lake. Carlos Solis asked if the ducks or just four swans were going to be removed. Mr Solis stated he would like to see all of the other varieties removed. City Manager Saunders advised the City could only remove the four owned by the City. Removal of other wildlife would require assistance from the Fish and Ganae Commission. City Manager Saunders also stated he felt once the feeder is removed most of the other ducks and birds will relocate on their own. Mayor Turville stated when the birds were removed from Center Lake there was an expressed desire from many citizens to keep birds and to again have them on Center Lake. City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 14 Council Member Caputo stated he did not feel it would be appropriate to put the birds back on Center Lake due to their aggressive nature and their uncleanness. City Manager Saunders stated he did not feel that was a decision that had to be made at this time and suggested the Council could address the purchase of additional swans in the future. Mr. Sterling Frey was present and advised while these birds are aggressive it is a matter of getting the right match for the lake. Mr. Frey pointed out the first batch of birds were very aggressive and it was necessary to trade them in for another pair. Mr. Frey stated the City of Lakeland has over 200 birds and are very pleased with their program. Mr. Carlos Solis stated his experience with the swans has been with them being very aggressive. Mr. Solis also mentioned that the City of Lakeland was sued regarding the swans and did settle out of court. Ms. Susan Smith stated the swans have chased her children on numerous occasions. Mr. Ken Ricklick stated the birds, as a defensive tactic, will fly towards you but will typically stop approximately four feet in front of you and will not harm you. Mr. Ricklick stated that a study from the University of Florida shows that the anaount of nutrient left in the lake from all the birds over the course of a year, is less than a five-pound bag of fertilizer. Mr. Ricklick stated if the residents do not want the bird, they should be removed for their own protection. A motion was made bp Council Member Caputo, seconded by Council Member Mullins, to remove the swans from Cr~stal Lake, remove the feeder and contact WiMl~fe Fish and Game to re~nove the re~naining ducks. Discussion of the motion. Mayor Turville, in referenced to the remaining fowl; asked if perhaps the City should wait and see what happened once the feeder is removed. Mr. Ricklick stated the birds are migratory and have come and gone for over 15 years. The motion was carried unanimously. City Manager Saunders stated he wanted to thank Mr. Frey and Mr. Ricklick for all of their efforts in caring for the birds. Ordinance No. 458-M Introduction Mayor Turville read the Ordinance by title only. An ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to Section 125.0 l(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county-wide municipal service taxing unit for the provision of ambulance and emergency medical services, as adopted by the board of county commissioners of Lake County, City of Clermont MINUTES REGULAR COUNCIL MEETING May 27, 2003 Page 15 Florida; providing for the city to be included within said m.s.t.u, for a specified term of years; providing for severability, providing for an effective date and providing for publication. Mayor Turville stated this is a renewal ordinance that we have renewed on several occasions.. City Manager Saunders stated the reason for doing this from year to year is because funding is provided to the City for use to run our EMS. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the introduction of Ordinance 458. Visitors with Business Mrs. Hartle stated she had requested a copy of the letter sent to the Comaty from the City regarding her property, and as of this date had not received a copy. City Manager Saunders apologized and gave Mrs. Hartle a copy of the letter. Mrs. Nancy Fullerton spoke regarding permits for the beaches and asked what did Lake Louisa do to obtain their permit. City Manager Saunders advised that Lake Louisa State Park must also have permit of operate. Mayor Turville stated he was concem about the impact created by the ski school on the shore line and has asked for sampling from other areas that do not bare that type of traffic. Mayor Turville expressed one of his concerns was that the impact on the shore could be turbidity. Mrs. Fullerton expressed her frustration at having clean water and beautiful beaches and not be able to obtain a permit for swimming. Mayor Turville pointed out the major concern is the limited visibility in the water as a safety issue. There being no further business, the meeting adjourned at 9:50. Hal Turville, Mayor Attest: ~'Joseph E. Van Z~¢'~ Clerk