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08-13-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 13, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Caputo, Dupee, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Caputo, followed by the repeating of the Pledge-of Allegiance to the Flag by all present. MINUTES A motion was made bp Council Member Mullins, seconded bY Council Member Dupee, and carried unanimously to approve the minutes qf the regular Council meeting held July 23, 2002. REPORTS City Manager Saunders' Report City Manager Saunders read a notice received that afternoon from the Florida Department of Health regarding West Nile Virus. City Manager Saunders then scheduled a closed Council session to begin at 6:00 p.m. on August 26, 2002 at the Police Department to discuss the Police Union contract, with a budget workshop to begin immediately after at approximately 7:00 p.m. Council Member Renick's Report Council Member Renick stated she was happy to report that Little Creek is flowing into Lake Louisa again and stated she had walked out there and confirmed it for herself today. Council Member Mullins' Report Council Member Mullins stated that the proposed ad valorem tax rate for trash collection in Lake County was discussed at the last League of Cities meeting, and that the City of Tavares had estimated costs for different cities under this new rate, with Clermont's costs being about $1 million per year. He stated that Staff should review these projections and a workshop meeting should be scheduled for the City Council as soon as possible to discuss this further. He then stated that the City should convey their concern to Lake County regarding this. Mayor Turville concurred with Council Member Mullins that a workshop should take place after Staff has reviewed the numbers. .0 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 2 Council Member Caputo Council Member Caputo stated that there is now a streetlight at the comer of Hartwood Marsh and Hancock Road and another at Danbury Mills and Hartwood Marsh Road. Council Member Caputo stated that the Board of Cooper Memorial Library is continuing negotiations with Lake County for their takeover of the library and that they are close to completion of that process. Mayor Turville asked City Manager Saunders if Lake County has included Cooper Memorial Library in their budget for this year. City Manager Saunders stated that the original budget did not include the funds for takeover of the library but that the current proposal is for the City to continue its current funding level for one more year with Lake County funding the remainder of the budget. He stated that the proposal also includes a long term rent free commitment on the building for the library, with Lake County funding the maintenance and repairs on the building. He stated that Lake County will be discussing this further in the next couple of weeks per an Executive Summary provided last week by County Manager Neron. Council Member Caputo stated one of Lake County's concerns is the condition of the library roof and the availability of funds in reserves for repairs. City Manager Saunders spoke regarding the Cooper Memorial Library Board's willingness to turn over its reserve funds to Lake County for this purpose. Council Member Caputo then requested that anyone with a complaint regarding odor in the Hancock Road area as a result of the sewage treatment plant call the City's Public Services Department or City Engineer Tamara Richardson so that it can be taken care of. Council Member Dupee's Report Council Member Dupee stated that the South Lake Chamber of Commerce Political Hobnob event is scheduled to be held at the Kings Ridge Clubhouse from 5:30 to 7:30 p.m. on August 27, 2002 and requested that the City Council meeting time of 7:00 p.m. be changed to 7:30 p.m. for that evening to accommodate this schedule. A motion was made by Council Member Renick, seconded bp Council Member Mullins, and carried unanimously to change the meeting time qf the August 27, 2002 Ci_ty Council meeting from 7.'00 to 7:30p. m. Council Member Dupee then requested that a program titled "Neighbors Night Out", which is a type of block party used as a crime watch effort, be placed on a future workshop agenda for discussion. Council Member Caputo stated he failed to mention in his report that he had recently attended a meeting at the Citrus County Sheriff's Officer regarding funding recently allocated by Congress to be utilized for drug intervention equipment. He stated that small cities typically would not be able to afford this equipment. He then commended Chief Story for applying in advance for the allocation of a piece of this equipment and planning to travel to Arizona to pick it up and attend the necessary course of training related to it. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 3 PROCLAMATION Mayor Turville publicly proclaimed the week of August 27, 2002 through September 2, 2002 as Clermont Firefighters Appreciation Week, and read the proclamation into the record. PRESENTATION Members of the Board of South Lake Little League expressed its appreciation to the City and its employees and volunteers for their support and dedication during their 2002 tournament season and presented a plaque in appreciation to Mayor Turville, who accepted on behalf of the City. No Other Reports CONSENT AGENDA Item 1 - Change in Meeting Time Approval to move time of September 10, 2002 City Council meeting to 7:30 p.m. to accommodate County Primary Election Polls Item 2 - Event Approval Clermont Main Street Request to hold event at waterfront area between Eighth Street and Seventh Street on September 6, 7 & 8, 2002, with fireworks on September 6 Item 3 - Waterfront Park Event Florida Freewheelers Request for use of Waterfront Park for Horrible Hundred event to be held November 17, 2002, and waiver of parking fees Item 4 - YMCA Teen Dance Schedule Approval of YMCA 2002 Teen Dance Schedule Item 5 - Designation of Voting Delegate Designation of Voting Delegate for the Annual Florida League of Cities Conference Item 6 - Bid Award Roads B,C &D - Hancock Recreation Area Item 7 - Final Plat Approval Approval of final plat for Phase I of Chatham Park at Jack's Lake subdivision Mayor Turville asked if anyone wished to pull any item from the Consent Agenda for discussion. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1- 7 of the Consent Agenda. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 4 UNFINISHED BUSINESS Ordinance No. 441-M - Final Reading Mayor Turville read the ordinance by title only. Planning Director Brown stated that this item and the next (Ordinance No. 448-M) on the agenda are related to the same property and are a request for a Small Scale Comprehensive Plan Amendment and a rezoning for the property located at 925 and 937 West Minneola Avenue. Planning Director Brown spoke regarding parking for the site as it related to the zoning request. Mayor Turville opened the public hearing at this time. No one spoke. ~4 motion was made by Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to adopt Ordinance No. 441-M. Ordinance No. 448-M - Final Reading Mayor Turville read the ordinance by title only and opened the public hearing at this time. Jimmy Crawford, legal representative of the applicant, stated that he concurred with Staff's recommendation to leave the zoning as is and withdrew the request at this time. Mayor Turville closed the public hearing at this time. Council Member Dupee stated that the City Council needs to look at additional parking for the downtown area in the future. Council Member Renick commended Planning Director Brown for working with the applicant to resolve all issues before this request was brought to City Council. VISITORS WITH BUSINESS Bruce & Cathy Brown & Carol Harrison - National Wildlife Federation Community Habitat Status Cathy Brown stated that BB Brown Gardens, the National Wildlife Federation and the City of Clermont's Beautification Committee have teamed up to get the City certified as a community habitat. She stated that currently there are only four communities in the United States that are certified. Bruce Brown spoke regarding the requirements for this certification. He stated that 15 to 20% of the City's homes, 10% of multi-family units, one school yard, one large community area and five elective community projects must meet the requirements and stated that a great many areas of the City already have all the necessary elements to meet them. He spoke regarding certain native plant life, butterfly gardens, etc. being some of the requirements and already existing in the City. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 5 He stated that a Habitat Steward program must be in place in the City and that BB Brown is already doing this. He also stated that a scrapbook must be kept to document the progress. Carol Harrison, Liaison to the Beautification Committee, spoke regarding the commitment of the Beautification Committee as well as other groups to participate to obtain this certification and stated that there is a lot of excitement about this project. She stated this would be a very prestigious asset for the City to obtain. Mr. Brown then spoke regarding the City already being classified as a Bird Sanctuary and a Tree City USA and asked for the support of the City by recognizing volunteers. Mayor Turville asked Planning Director Brown to research and determine if the City's Land Development Regulations would impede this process and advise the City Council of his findings. Council Member Dupee stated that the Lake Minnehaha Urban Nature Park the City is currently applying for grant funding for would be a big help to this program. She then requested that informational leaflets or brochures be supplied to the City for distribution to the public. Mayor Turville stated that one area school already has a butterfly garden and that Lost Lake Elementary School is creating a wildlife habitat. Council Member Renick stated that lots of areas in the City will qualify. She stated that South Lake Hospital is considering a butterfly garden for the courtyard of the planned Women's Center. Council Member Mullins stated that the City has lots of Parks that could be utilized in this program. Council Member Caputo stated information could be distributed to developers when they pick up application packets to give them early ideas regarding landscaping. Council Member Renick spoke regarding the idea of recognition being given to builders who choose to install this type of landscaping. Elaine Tharpe, a resident, asked if Center Lake could be coordinated with this project and spoke regarding community involvement. Dehanna James, a resident, spoke regarding replanting Center Lake with native plants and regarding the possibility of Memory Gardens and sponsorship. ~4 motion was made by Council Member Dupee, seconded by Council Member Renick, and carried unanimously to support efforts for the City to become certified as a National Wildlife Federation Community Habitat. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 6 Variance Requests - Tom Arnold Planning Director Brown stated that the applicant is requesting three variances to construct a retaining wall in the floodplain on his property at 1035 West Minnehaha Avenue. He stated that the wall previously existed and that the backyard is sinking, causing the ground to erode into the canal. Mr. Brown stated that the applicant wants to construct the wall to prevent this from occurring. Mayor Turville opened the public hearing at this time. Deputy City Clerk swore in the following: Tom Arnold, 1035 W. Minnehaha Avenue, the applicant, spoke regarding the request and stated he was available for any questions the Council may have. Gary Butler of D & G Woodcrafting spoke as the contractor for the job regarding the current elevations and the site as depicted by Planning Director Brown on overhead display. George Smith, 1055 W. Minnehaha Avenue, neighbor to the property, spoke in favor of this request. Mayor Turville closed the public hearing at this time. Mayor Turville stated that typically he would not agree with such a request, but that he had visited the property and concurs with Staff that this home is in peril and the wall must be constructed. A motion was made by Council Member Dupee, seconded by Council Member Renick, and carried unanimously to approve the three variances as requested. Variance Requests - South Lake County Community Foundation Planning Director Brown stated that the applicant is requesting three variances related to landscaping and trees on the site located at 912 West Avenue and stated that the request for these variances are the result of the Foundation's need to build on the site rather than renovate. Planning Director Brown explained the requests and stated some accommodation by the applicant should occur for tree replacement. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Keith Hogan, 18308 Triple E Road, Ferndale, FL, spoke as President of the South Lake County Community Foundation regarding their acquisition of this property as their new home and their orig/nal plans for the site. He stated that they had discovered that the current building would not be sufficient for their needs and would be too costly to renovate and stated that they will work with the City regarding tree replacement. He then requested City Council approval. Paula Jolly, 963 W. Juniata Street, stated she is concemed as neighbor to this property regarding the loss of trees on the lot as it relates to her view. Discussion followed regarding the trees on the site. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 7 City Manager Saunders stated that three of the trees will be saved and that the 1 O-foot landscape buffer will have two trees. Merrick Jones, 963 W. Juniata Street, spoke as neighbor to the property regarding his concerns about the loss of the existing landscaping. Discussion followed regarding setback and landscaping requirements for the site. Council Member Mullins asked if the trees being planted in the landscape buffers help to mitigate the loss of the 28" of trees in the parking lot and asked if moving the retaining wall on the southern boundary widened the landscape buffer. Planning Director Brown stated that Code does not allow the trees in the buffer to be taken into account and that the landscape buffer on the southern boundary would be wider but not enough to meet minimum width requirements. Council Member Caputo stated that only 6.7 parking spaces are required for the site but that 10 are being provided, and that if those two trees were left on the site there would still be enough parking. Planning Director Brown stated that the applicant is attempting to maximize the parking on site. City Manager Saunders stated that the applicant wants additional parking to ensure that enough parking is available and that the elevation on the site has to change, which would disturb the trees. Rick McCoy, McCoy & Associates, 713 West Montrose Street, engineer for the project; stated that the elevations of the site are a challenge and require tree removal. He spoke regarding the retaining walls on site. Mayor Turville asked Mr. McCoy about water retention on the site. Mr. McCoy stated that underground retention is being discussed as an option. Mayor Turville stated if that occurs more trees could be on the site. Mr. McCoy agreed that would be possible. Ronaldo Camargo, 1949 Brantley Circle, stated his concern regarding the tree removal. Ms. Jolly requested that the extra parking for the site be eliminated. Mr. Hogan stated that the large trees on the site will be saved and that there will be substantially more landscaping on the site as well. Mayor Turville asked if the additional parking is needed now. Mr. Hogan stated that there are occasions when it is needed now but definitely will be needed in the future. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 8 Council Member Mullins stated that while seven parking spaces would meet requirements in the Central Business District it would require fourteen to meet Code anywhere else. He asked the cost of the tree replacement. City Manager Saunders estimated the cost at approximately $2,000 to $3,000. Council Member Dupee stated the parking for the Foundation is necessary for Board meetings and asked if the 1 O-foot landscape buffer requirement will be met if the water retention goes underground. City Manager Saunders stated it would. Council Member Renick stated that the property does not seem to meet the needs of the Foundation and that removing 14" canopy trees is not an option. Mr. McCoy spoke regarding the landscape requirements as set forth in the Land Development Regulations not talcing the Central Business District zoning area into consideration. Planning Director Brown stated that this plan exceeds the old landscape requirements. Council Member Caputo stated that any time you construct a new building on an old site there are more issues, but in order to revitalize you must move forward. Council Member Mullins agreed with Staff that some accommodations should be made by the Foundation for the tree loss. Discussion followed regarding the trees on the site. Council Member Renick agreed with Council Member Caputo that revitalization requires some concession but that the Foundation should accommodate as well. City Manager Saunders suggested that the Foundation could commit to partner with the City in creating a project at Center Lake. Discussion followed regarding this suggestion. Ms. Jolly stated that parking is available on West Avenue and that she does not understand the need for 12 parking spaces. City Manager Saunders stated that the minimum spaces required anywhere else would be fourteen and that this project takes into consideration the parking available on the street. ~4 motion was made b_¥ Council Member Caputo, seconded b_¥ Council Member Mullins, and carried unanimousl~¥ to approve the three variances as requested, with the applicant mitigating 50°/6 o£the tree loss on site either in plantings or b¥ working in conjunction with the City on the Center £ake project. Council Member Dupee stated that any project on this site would require parking. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2002 Page 9 Mayor Turville stated that the Foundation is the best neighbor to have. Council Member Dupee asked if the Planning & Zoning Commission should review the current Land Development Regulations regarding landscaping requirements and recommend appropriate changes for the Central Business District Mayor Turville stated that the Community Redevelopment Agency Advisory Committee is currently reviewing that area in order to make recommendations. Mayor Turville asked is anyone wished to speak on any other issue. There being no further business, the meeting was adjourned at 9:15 p.m.