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07-10-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 10, 2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Biddle, MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, Finance Director Van Zile and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the Regular Council Meeting held June 26, 2001. REPORTS City Manager Saunder's Report City Manager Saunders announced that the Department of Environmental Protection Bureau of Recreation Services has awarded a $90,000.00 Grant to the City for the next phase of the Hancock Recreation Area. He further stated that this funding should complete the plans the City has for the facilities for the Park. He then reminded the City Council of the tentative Budget Workshop dates of July 31, August 2, and August 9, 2001 at 6:00 p.m. at the Police Station. Council Member Biddle's Report Council Member Biddle stated that the latest First Friday was a great success and thanked the residents who participated in the event and supported Downtown Clermont. Council Member Renick's Report Council Member Renick stated that she had communicated with the St. Johns River Water Management District as the City's liaison. She stated that she was disappointed to report that the St. Johns has approved a consumptive use permit for a golf course community in the Montverde area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 2 She stated that she had submitted a letter requesting that the St. Johns postpone the agenda item in order to allow Clermont an opportunity to discuss whether or not they would like to submit a letter of concern due to the current water conservation effort, particularly in the south Lake County area; but they chose not to postpone the applicant's request. She further stated that officials of the St. Johns referred to south Lake County as their greatest concern in their whole 19 county district. She then stated that she did not believe that the projects (Hillcrest) has received County approval and asked City Manager Saunders if the City has been approached to provide water to the project. City Manager Saunders stated there has been a request for sewer service, but he is not aware of a request for water. Mayor Turville's Report Mayor Turville stated he had attended a reception today in honor of Clermont Postmaster Willie Montgomery, where he received the much deserved Postmaster of Year Award by the League of Postmasters. He stated Postmaster Montgomery has worked very hard for many years under difficult conditions. Mayor Turville then stated that he had attended the Joint Planning Subcommittee meeting that the County Commissioners held and that they are in the process of finalizing the JPA document to forward to the Lake County League of Cities. Mayor Turville stated that the Palatlakaha Park has been reopened and gave the details of the work completed to make the play area safe to use. Mayor Turville then stated he had received numerous calls regarding the new tiered rate water billing structure and that there would be time allotted for discussion of that item after the regular agenda items were addressed. NO OTHER REPORTS CONSENT AGENDA Mayor Turville read the listed Consent Agenda and asked if anyone wished to discuss the item: Item 1 - Site Impact Agreement City Attorney Guthrie stated that he had discussed the agreement today with the developer and his attorney and they had expressed concern that the requirement of the cul-de-sac would slow development of the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 3 He stated that a condition should be added to page 3, item #6 of the agreement allowing for either a deposit or a bond being posted by the developer to cover the certified cost of the cul-de-in order to prevent any delay in the project itself. He further stated language should be included to allow 270 days for construction. Council Member Renick stated that she had contacted Richard Keith, a representative of the Lakeview Drive neighborhood, and that the neighborhood supports approval of the agreement. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the Site Impact Mitigation Agreement, as amended. UNFINISHED BUSINESS Ordinance No. 308-C - Final Reading Mayor Turville read the ordinance by title only. Deputy City Clerk Studdard swore in the following: Andrea Crossley, 517 West Avenue, spoke in support of the ordinance. Robert Porter, 218 W. Lakeshore Drive, spoke as president of the Clermont Main Street Program and as a member of the Downtown Clermont Partnership in support of the ordinance. Mayor Turville closed the public hearing at this time. Council Member Renick stated she had discovered that the Board of the Historical Society had not had the opportunity to review the final draft of the ordinance and that they will meet tomorrow. She stated she felt the Historical Society would have valuable input. Mayor Turville stated there are four areas he suggests the City Council discuss: On page 6, Section 126-8-A, #1, he stated he felt language should be added allowing for notification of recommendation to the property owner. On page 5, Section 126-5-B, #6, he stated he felt that the 45-day period for a determination by the committee is too long. On page 7, Section 126-9, he stated he felt concern that the language is too heavy-handed and gives the impression that the City of Clermont is going to force historic designations. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 4 He further stated that he felt similar concern regarding demolition standards as stated on page 5, Section 126-5-B, #4. Discussion followed regarding designation of historic sites and districts. City Attorney Guthrie stated that the City Council will have the power to direct the historical committee regarding all aspects. He further stated that designating a historic district would include all structures within that district, whereas designating only structures would allow that criteria could be developed on a structure to structure basis. Council Member Mullins stated he feels that allowing a maximum of 45 days for the committee to make determinations is fair. He also stated that Section 126-9 on page 7 allowing 60 days is fair. He stated that control is needed to protect some areas and that changes could be made later if needed. Council Member Mullins further stated that the Historical Society has seen this ordinance, that it had been introduced two weeks ago and has been in process for years. He stated he felt it is time to adopt the ordinance. Council Member Biddle stated that the Historical Society has been involved in this process from the beginning and that he has worked on the ordinance for 2 1/2 years. He further stated that this ordinance is based upon recommendation by the State. Discussion followed regarding the changes recommended by Mayor Turville. City Attorney Guthrie stated that language could be added to page 4, Section 126-5-A giving a 20- day notification of consideration of historic designation to the property owner by the committee prior to being heard by the City Council. Discussion followed regarding the 30-day time allowance for the appeals process. Council Member MacLauchlin stated that on page 5, Section 126-5-B, #5, the first sentence is incomplete and the words "shall not require a Certificate of Appropriateness" should be added after the word "doors. Discussion followed regarding the possible language conflict as it pertains to allowing painting of historic structures. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 5 City Attomey Guthrie stated on page 5, Section 126-5-B, #5, the words "such as repainting" should be deleted in the first sentence. He further stated that issues such as painting could be addressed later in guidelines to be adopted. A motion was made bp Council Member Renick and seconded bp Council Member Mullins to table Ordinance No. 308-C to allow time for the Board of the Historical Society to review and provide input. Motion failed by a vote of three to two, with Council Members Biddle, MacLauchlin and Mullins being the opposing votes. A motion was made bY Council Member Mullins, seconded by Council Member MacLauchlin, and carried by a roll call vote o_f three to two to adopt Ordinance No. 308-C, as amended, with MaYor Turville and Council Member Renick being the opposing votes. Ordinance No. 427-M - Final Hearing Mayor Turville read the ordinance by title only. City Manager Saunders stated that the developer's agreement discussed at the last City Council meeting has not been received by Staff at this time and recommended tabling the ordinance to the Council meeting of August 14, 2001 to allow time for the agreement to be received and reviewed. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to table Ordinance No. 427-M until the City Council meeting of August 14, 2001 (time certain). Ordinance No. 429-M - Final Hearing Mayor Turville read the ordinance by title only and stated that Ordinance No. 430-M, the next item on the agenda, is related to this one. City Manager Saunders explained that last year the Florida Legislature passed the Communications Tax Simplification Law that changes the way certain franchise fees and utility taxes on communication-type businesses are collected. He stated that in the past cities have assessed franchise fees and utility taxes and collected them locally but that the new law provides for the State of Florida to combine them into one tax to be collected by the State, then distributed back to the cities. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 6 He stated that the rates to be put into place are said to be revenue neutral, therefore the same rates should be paid to the State and received by the cities. He stated that there are provisions in place allowing changes to be made in the City after the first quarter if that does not prove to be the case. He stated that the second ordinance allows the City to opt out of processing all utility permits for anyone putting lines underground, and allows. 12% to the City to cover that potential loss in revenue. Mayor Turville asked for an explanation of the reference in the language regarding increasing the tax rate for franchise fees. Finance Director Van Zile stated that overall it is intended to be neutral. He stated that the idea is to make the rates the same. Mayor Turville opened the public hearing at this time. Mayor Turville closed the public hearing at this time. A motion was made by Council Member MacLauchlin, seconded bp Council Member Mullins, and carried unanimously by roll call vote to approve Ordinance No. 429-M. Ordinance No. 430-M - Final Hearing Mayor Turville read the ordinance by title only. There was no additional discussion. A motion was made by Council Member Mullins, seconded b¥ Council Member Biddle, and carried unanimously by roll call vote to approve Ordinance No. 430-M. VISITORS WITH BUSINESS Variance Request - Casto Southeast Planning Director Brown stated the applicant, Casto Southeast, is requesting a variance to allow 16 of the 98 required parking spaces for the project located at Lot 3 of the Clermont Town Center to be provided north of and adjacent to the site in an area that will be phase 2 of the Clermont Town Center parking lot. Mr. Brown then pointed out the specifics on overhead display. He stated that Staff recommends approval of the request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 7 Mayor Turville asked if an agreement between the Clermont Town Center owner and the applicant exists allowing off-site parking. Deputy City Clerk Studdard swore in the following: Mark Sneed of Casto Southeast, 1064 Kerwood Circle, Oveido, FL, the applicant, stated that Casto Southeast owns both parcels, therefore no agreement is necessary. He further stated that he understands the impact this variance could have on any future project in phase two. Discussion followed regarding the off-site parking. Council Member Renick stated she feels the parking is sufficient with only the on-site, since most customers will shop only when they eat. Discussion then followed regarding parking requirements. City Attorney Guthrie stated that a proviso could be added to the variance that 16 spaces of the Clermont Town Center parking area be granted to that particular out parcel, then record the variance. Mr. Sneed agreed with this change. A motion was made bp Council Member Renick seconded by Council Member Mullins, and carried unanimously to approve the variance request, as amended. NEW BUSINESS Norquist Property Acquisition City Manager Saunders stated that the City Council had directed Staff to look into the four parcels generally located at the intersection of West Avenue and Osceola Street for a possible site for the new community center. He stated this property had also been discussed at the Waterfront Visioning Session last week. Mr. Saunders stated that Hartman & Associates had determined that this property could accommodate a new center and provided their layout to the City Council. He then discussed the drawing with the City Council and explained certain points. He then discussed with the City Council the appraisals the City had received on the four parcels and stated that if the City Council wished to purchase the property those numbers could be used to negotiate the price. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 8 He stated that the purchase of at least one of the lots with an option on the other parcels would be needed at this time and that the penny sales tax could be used for the future purchase if it is reinstated. He stated that the purchase of one of the parcels would give the City time to look at possible sources of financing. Mayor Turville requested that City Manager Saunders provide the appraisal amounts as they pertain to each particular parcel. City Manager Saunders reviewed the appraisals with the City Council. Discussion followed regarding the appraisal amounts of the parcels and which parcel would be best to purchase. City Manager Saunders recommended the purchase of parcel # 3 at this time, located east of and adjacent to the Boat Ramp, since the City owns property on either side of it. Council Member Biddle stated that, for historic reasons, he felt the parcel containing the old train depot would be more appropriate. Council Member Renick concurred. Ken Norquist, the property owner, stated that the City would need to purchase at least parcels two and three at this time in order for him to hold the remaining property. Discussion followed regarding space needs and funding for the new community center. Gene Crossley, 1730 Sunset Drive, spoke in support of the property acquisition. Rose Biddle, 1611 3rd Street, spoke in support of the property acquisition and stated the City should look into using the Hobo's property in some fashion until it is ready to build the community center. A motion was made bP Council Member MacLauchlin, seconded bY Council Member Mullins, and carried unanimously to direct Sta_ff to negotiate a contract for parcels #2 & #3 of the Norquist property, and bring back to City Council for approval. Ordinance No. 310-C - Introduction Mayor Turville read the ordinance by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 9 City Manager Saunders stated that City Engineer Richardson had recommended these changes regarding City Land Development Regulations. A motion was made by Council Member Mullins, seconded bY Council Member MacLauchlin, and carried unanimously to introduce Ordinance No. 310-C. Ordinance No. 431-M - Introduction Mayor Turville read the ordinance by title only. City Manager Saunders stated this ordinance is for the City to be included in the MSTU for provision of Emergency Medical Services, and that Staff recommends re-adopting the ordinance for one year. A motion was made bp Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 431-M. Mayor Turville recessed for a short break at 8:51 p.m., the meeting reconvened at 9:05 p.m. Mayor Turville asked if anyone wished to speak to the City Council on any other issues. The following residents spoke to the City Council regarding the new tiered water billing system, water consumption in their households, irrigation meters, east versus west billing systems, and various other water-related issues. Abraham Torres, 2007 Crestridge Drive Maggie Brown, 891 Woodvale Street Joseph Prieti, 1635- Sunset Village Boulevard George Smith, 210 E. Desoto St., Apt. D Priscilla Jordan, 877 Woodvale Street Tony Guadalupe, 892 Woodvale Street David Koepsell, 895 Woodvale Street Grace Piccio, 2003 Crestridge Drive Kurt Militano, 2014 Crestridge Drive Tina Merriman, 885 Skyridge Drive Dave Garrett, 1511 Presidio Drive Stephanie Moorehead, 1904 Crestridge Dr. Albert Scully, 1893 Crestridge Drive Lisa Archer, 898 Woodvale Street Damian Santana, 867 Skyridge Drive Mike Diaz, 2002 Crestridge Drive Paul Roche, 2006 Crestridge Drive Brian Blakeslee, 2027 Crestridge Drive Michael Moorehead, 1904 Crestridge Dr. Jerome Cuthbert, 1779 Crestridge Drive CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 2001 Page 10 After lengthy discussion between City officials and residents, it was the consensus of the City Council to direct Staff to check those meters with high reading, compare reading to other neighborhoods and agenda discussion of this issue at the next City Council meeting. There being no further business, the meeting was adjourned at 11:17 p.m. ~yor Attest: