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05-13-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 13, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Cotmcil Members Ash, Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Robert Guthrie and Deputy City Clerk Jane Warren. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES A ~notion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the minutes, with corrections, o_f the Regular Council Meeting, held April 22, 2003. Mayor Turville stated that he was aware that some residents might be attending the meeting in regards to the Developer Agreement associated with Lennar. Mayor Turville advised the public that the item was not on the Agenda. REPORTS City Manager Saunders City Manager Saunders requested a City Council Workshop for Wednesday, May 21, 2003, at 6:00 P.M., to be held at the Police Department, Comrnunity Room. He stated one of the items to be discussed would be Crystal Lake and the water fowls. All Council Members confimaed their availability to attend. Council Member Renick stated she would like the topic of a 4-Way Stop Sign, at the intersection of Minnehaha and Bloxana Avenues, to be considered at the workshop and requested that a report be provided by the police depam~ent as to the number of accidents/incidents at that intersection. City Attorney Guthrie - None Council Member Ash - None Council Member Caputo Council Member Caputo reminded staff and those in attendance that the National Junior College Athletic Association, Fast Pitch National Softball Championship Tournament will take place this weekend (5/15-5/1.7) and encouraged all to attend. Council Member Caputo also congratulated City Manager Saunders and staff for the outstanding job they have done preparing Hancock Park for this event'. Council Member Caputo also advised of the installation of a flashing light at Windy Hill Elementary School. Council Member Renick - None Council Member Mullins - None City of Clerm on t MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 2 Mayor Turville - Mayor Turville referred to the Joint Planning Area (JPA) meeting, which was held on Monday, May 12, 2003, and stated he was very pleased with the progress that was being made on the Agreement. PRESENTATION Paula Heidorn, Co-Chair Ambassador of the South Lake Chamber of Commerce and Ann Dupee presented the "We Noticed Award" to the City and the downtown merchants for the outstanding improvements to the Downtown District. Mayor Turville thanked the South Lake Chamber of Commerce for the recognition and also thanked Rose Biddle and the downtown merchants for their contributions to the transformation of downtown Clermont. CONSENT AGENDA Mayor Turville asked if anyone wished to pull any item of the Consent Agenda for discussion. Item - 1 Control Specialists Company Approval of Agreement to install Emergency Traffic Control Signal at Fire Station No. 1,439 West Highway 50 Item-2 Final Plat Approval Bridgestone at the Legends, Phase III Item- 3 Final Plat Approval Summit Greens 2C Item - 4 Final Plat Approval College Park lB Item - 5 Engineering Proposal Surveys required for Swim Area Permits Council Member Caputo requested Item No. 1 be pulled for discussion. City Manager Saunders requested Item No. 5 be pulled for discussion. ,4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 2,3, and 4 of the Consent Agenda. Item -1 Council Member Caputo stated he did not have any objections to Item 1 but expressed his concem for the need for a signal at Fire Station 2 and to encouraged Fire Chief Bishop to consider budgeting for the signal in the upcoming Fiscal Year budget. City Manager Saunders advised Council that he believed Chief Bishop has proposed a signal at Fire Station 2 in the next Fiscal Year budget. A motion was made bp Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Item I Of the Consent Agenda. City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 3 Item - 5 City Manager Saunders reported that the Health Department is requiring the City to re-permit the swim areas of Waterfront Park and West Beach, rather than issue a renewal permit. The Health Department advised since the beaches have been closed for approximately two (2) years, a new permit, rather than a renewal is being required. City Manager Saunders advised that he has been in contact with the Department of Health (DOH) in Orlando and they advised that it is unlikely that the City will have to proceed with the detailed engineering aspects of re-permitting outlined in the Engineering Proposal. City Manager Saunders advised that he would be meeting with DOH on Wednesday, May 14, 2003 and was hopeful that the beaches would be re-opened within the next week to 10 days. City Manager Saunders requested that Item 5 be withdrawn from the Agenda. UNFINISHED BUSINESS Final Reading of Ordinance 324-C, Election Ordinance Mayor Turville read the Ordinance by title only. City Manager Saunders advised this ordinance would amend our election procedures to be consistent with the Lake County Supervisor of Election's schedule and the State of Florida schedule of elections and will ensure that the City's ballot will be incorporated into Lake County and the State of Florida electronic ballot. Mayor Turville asked if anyone in the public audience wished to discussion this item. There was no public discussion. ,d motion was made by Council Member Caputo and seconded bp Council Member Mullins. A roll call vote was taken and the motion was carried unanimously for adoption of Ordinance 324-C. Highland Real Estate & Investments, Inc Request for Water and Sewer service for property located on John's Lake Road. Planning Director Brown advised this is a request for water and sewer service for property located on Johns Lake Road, east of the Lost Lake Elementary School. The applicant is requesting water and sewer service to a proposed 66 lot residential subdivision. Staff supports provision of services pursuant to a utilities agreement that will allow the Council to annex the property when the City becomes contiguous and for the project to be developed in accordance with the proposed Land Development Regulations of the Joint Planning Area (JPA). Mr. Dale Ladd, developer of the project, asked if the JPA Agreement had been adopted. Mayor Turville advised Mr. Ladd that the City and County are in the final stages of drafting the agreement for adoption and the proposed agreement is scheduled to be heard by Council on June 24, 2003. Mayor Turville advised Mr. Ladd that the City's position regarding requests to be heard within the next 90 days will be to take into consideration the proposed JPA Agreement and the likely effect(s) it will have on the project. Mr. Ladd reported to Council that his development has received preliminary plat approval from the County and requested immediate approval for water and sewer service for the development as platted. City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 4 Council Member Renick suggested it would be inappropriate for Council to grant approval for water and sewer service, given the likelihood that this project will not conform to JPA standards. City Manager Saunders advised if final approval for the plat has been received, it would not be affected by the JPA Agreement Mr. Ladd reiterated the process has been completed. Council Member Renick asked what are the lot sizes in the proposed subdivision. Mr. Ladd advised each lot size is 75' x 135'. Mr. Ladd also advised the right-of-way on the plat is 50' which he realizes is in conflict with the 60' required by the City. Council Member Caputo asked Mr. Ladd how many lots would he lose is he were to conform to City standards? Mr. Ladd stated the number of lots lost would be insignificant. Council Member Renick asked Mr. Ladd if that is the case; why not conform to City standards? Mr. Ladd stated the issue is not the number of lots, but' the cost of property and land development Mr. Ladd stated the cost of building in the County is significantly less than building in the City of Clermont City Manager Saunders asked Mr. Ladd for an example of the cost he was referring to. Mr. Ladd specifically referred to the City's standard for stormwater nmoff, which requires a higher number of inlets be constructed than the County requires. City Manager Saunders advised the stormwater standard is one that is being modified in the JPA Agreement. Mr..Ladd stated he was encouraged by the proposed change but went on to state that he still has a dilemma for the following reasons: 1) he has ndt seen a copy of the proposed JPA Agreement; 2) he has received preliminary plat approval for his project and is ready to move forward; and 3) he is not ready to comprise the lot size nor the footage for fight-of-ways. Mr. Ladd stated he would like to get water and sewer service from the obvious source, the City, but if the City is not willing to provide the service, there are other means and resources that he could explore. Mayor Turville provided Mr. Ladd with a copy of the proposed agreement and suggested that Council temporarily discontinue further consideration, in order to allow Mr. Ladd time to review the proposed agreement. City Attorney Guthrie advised Council they could hear other items on the agenda and allow Mr. Ladd time to review the proposed agreement. New Business City of Clertnont MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 5 Mark Kinchla Variance Request Indian Shore Subdivision Planning Director Brown advised the applicant is requesting a variance to allow for a side yard setback of 20' in lieu of the 35'required on the following lots in Indian Shore Subdivision: 1, 32,33,38, 44, 51, 56, 57, 62 and 68. This request was previously grant in 1998 and 1999. Both approvals have expired and the applicant is re- applying. Mayor Turville asked if the applicant or any interested party wished to address this request. Mr. Tom Klosterman was sworn in by Deputy City Clerk Warren. Mr. Klosterman stated he was here on behalf of the applicant. Mayor Turville stated he was not suggesting that the request not be granted but did state, given the fact that this is the third request, he was hopeful the applicant would proceed in a timely manner, if approved. Council Members Ash, Caputo, Mullins and Renick expressed a hope that the applicant would proceed with the project within the allotted time, in order to avoid another request for consideration by Council. ,4 motion was made by Council Member Mullins, seconded by Council Member Renick to approve the requested variance. Continuation of Highland Real Estate & Investments, Ine Request for Water and Sewer service for property' located on John's Lake Road. After briefly reviewing the proposed JPA Agreement Mr. Ladd returned and advised Council that he still had two immediate concerns, the 60' right-of-way and various landscaping requirements. Mr. Ladd went on to state he had quickly reviewed the proposed agreement and was pleased to see some of the compromises but -- felt that he did not have a firm grasp of all the changes and how they could impact his development. Mr. Ladd stated he would like to table both of his requests to the May 27, 2003 meeting. Mr. Jerry Turner, a Lake County resident, with property adjacent to the proposed development stated he would be pleased when the property became contiguous, thus allowing his property to be annexed into the City. A motion was made by Council Member Mullins to table both Highland Real Estate & Investment, Inc. request for water and sewer service to date certain of Map 27, 2003, seconded by Council Member Caputo and approved by unani~nous vote Continuation of New Business Lake County Comprehensive Plan Changes Planning Director Brown advised that Hattie Groves, Inc., is requesting an upgrade in County land use designation from Urban Expansion (4du/ac) to Urban Residential (7du/ac). The current land use of Urban Expansion will allow for 276 units on the 69 acres. The proposed land use of Urban Residential would allow City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 6 for the development of 409 units on the 69 acre site. This is being placed on the agenda to allow the City Council to discuss and possibly take an official position regarding this request. The County has requested a 100' fight-of-way from Hartle Groves Inc., which is needed for the realignment of Hartle Road. This right-of-way will cut through the center of the property in question. Hartle Groves, Inc. has agreed to the fight-of-away request and is asking for this rezoning in order to accommodate for the loss of land associated with the right-of-way. Mayor Turville expressed concern regarding the increase in density, specifically adjacent to a commercial use. Council Member Renick stated that it has generally been the position of Council not to allow an increase in density and suggested that a letter be sent to the County stating the City's position and desire to restrict increase density. Council Member Ash expressed concern regarding the impact that increased density would have on schools, the police department, the fire department and water and sewer services Council Member Mullins stated he felt multi,family would be an appropriate use next to the commercial use associated with this property. Council Member Caputo, stated while multi-family use is often compatible, suggested professional offices would better suit this property and would be less of an impact on the neighborhood. Attorney Steve Richey, representing Mrs. Hartle, stated the request was being submitted in order to compensate Mrs. Hartle for the loss of land due to the right-of-way needed by the County. Mr. Richey stated he did not feel that the City had all the facts in front of them at this time and suggested it · would be in best interest of both parties to delay consideration until the City has reviewed the County and State's position regarding the property and surrounding areas. Ms. Renick stated while it may be acceptable for a higher density in the County, Clermont does not wish to increase its density. Mr. Richey again emphasized that the City does not have all of the facts before them and suggested it was a disservice to Mr. Hartle to forward an opinion to the County at this time. Mr. Richey encouraged the City to received and evaluates assessments made by the State and County regarding this property. Mr. Richey also reminded the City that they have a written agreement to provide water and sewer service to this property. Mr. Richey requested that this matter be scheduled for a Council Workshop. City Manager Saunders advised Council could not make decisions at workshops. Again, Mr. Richey strongly urged Council to postpone forwarding any opinion to the County, until they have received all information relevant to this proposal. .d motion was made by Council Member Renick to forward to the Lake County a letter stating the City's desire not to increase density in the Urban Residential area associated with this property, seconded by Ash, approved by a 4-1 vote, Council Member Mullins opposed. City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2003 Page 7 Hershey Track & Field City Manager Saunders advised that the National Training Center is sponsoring the Hershey Track & Field State Event on June 28, 2003, at the National Training Center and are requesting the City to be one of the sponsors for this event. No specific dollar amount has been requested. The City's assistance is being requested mainly for manpower and assistance in marketing and advertising this event. The City's name will be placed on information being distributed regarding this event. Council Member Caputo asked if there is any anticipation that the group will ask the City for monetary assistance. City Manager Saunders stated that no request has been made. A motion was made by Council Member Caputo, seconded by Council Member Muffins, and carried unanimously, to approve the request for sponsorship of the Hershe~ Track and Field event. Ordinance No. 468-M Final Reading Planning Director Brown advised this is a request for Small Scale Comprehensive Plan Amendment to change the land use classification from Residential/Professional to Commercial. Council Member Renick questioned whether the Council should proceed with the proposed request in light of the proposed JPA agreement. Mayor Turville advised since this request is for introduction only he was going to proceed by reading the ordinance by title only and instructed staff to determine if there is any conflict with considering the adoption of the Ordinance in light of the pending JPA agreement. ~1 motion was made by Council Member Caputo, seconded by Council Member Muffins, and carried unanimously for introduction of Ordinance No. 468-M Ordinance No. 469-M Final Reading Planning Director Brown advised the property that is being considered in the above referenced Ordinance No. 468-M. The request is for rezoning of UE Urban Estate to C-2 Commercial District. Mayor Turville read the ordinance by title only. A motion was made by Council Member Caputo, seconded by Council Member Muffins, and carried unanimously for introduction of Ordinance No. 469-M There being no further business, the meeting was adjourned at 8:45 P.M.~r,~,X ~eph E. Van ~(e, City Clerk