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06-08-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2004 The Clermont City Council met in a regular meeting on Tuesday, June 8, 2004 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Aekroyd. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. REPORTS City Manager Saunders reminded Council of the workshop to discuss the Central Business District on June 17, 2004 at 7:00pm. Mr. Saunders thanked City Clerk Ackroyd and staff for the creation of the City of Clermont official website. City Attorney Mantzaris introduced himself to the public as Clermont's new City Attorney. Council Member Ash informed Council the South Lake Foundation Center building construction has been delayed due to the concrete shortage. Council Member Renick stated the Local Planning Agency will hold a workshop in Tavares on June 14 at 9:00am. Council Member Mullins - No Report Mayor Turville - No Report PROCLAMATION Mayor Turville read the election proclamation aloud declaring notice of the general election dates and purpose of the City of Clermont. City Clerk Ackroyd clarified the candidate qualifying dates are beginning at noon on July 12, 2004 and closes at noon on July 16, 2004. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item - 1 Laser Fiche System Item - 2 Bloxam Avenue Stormwater Improvements Item - 3 Clermont Girls Softball League Request approval to amend the 2003-2004 Budget for purchase of Laser Fiche Document Imaging Syst¢~n Request approval ora proposal from Kimley Horn & Assoc. for design, bidding and construction phase services for BIoxam Avenue Stormwater Improvements Clermont Girls Softball League request for use of Hancock Park, June 11-13, with reduced fees for NSA Tournament City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2004 Council Member Muffins moved acceptance of the consent agenda; seconded by Council Member Renick. The motion passed with all members present voting "ave." UNFINISHED BUSINESS Developer's Agreement- Hunter's Trace Investment-Second Hearing This is the final hearing for an agreement to limit development to Professional Offices only in the R-3 District located on the north side of SR 50, south ofOakley Seaver Drive. Planning Director Brown informed Council the Planning & Zoning Commission and staff`recommends approval. Ordinance 4 74-M- Final Reading Mayor Turville read Ordinance 474-M aloud by title only and stated it should be discussed simultaneously with the Developer's Agreement. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Mayor Turville opened the public hearing. City Clerk Ackroyd swore in those wishing to speak. Mike Labaihar, 4322 Anderson Road, Orlando representing the applicant and was available for questions. Robert, ERA Commercial, 11226 Oak Shore Ln, Clermont, stated the property is only being marketed for offices. Council Member Renick moved to accept the Developer's Agreement as presented; seconded by Council Member Muffins. The motion passed with all Members present voting "aye." Council Member Renick moved adoption of Ordinance 474-M; seconded by Council Member Muffins. The motion passed4 to 0 on a roll call vote with all members present voting "aye." VISITORS WITH BUSINESS Wally Herda, 1109 Hampton Street, requested to be placed on a Council meeting agenda with regard to city personnel cleaning up Oak Hill Cemetery. City Manager Saunders stated the Council authorized staffto notify those violating the rules to remove articles in violation with city crews removing items after a given period of time. Mr. Herda recommended the Council schedule a workshop to allow for input from citizens on cemetery rules. Mayor Turville apologized on behalf of the Council for offending anyone and agreed to schedule a workshop along with recommendations from Mr. Herda. Debbie Schletter, 5960 CR 561, Clermont - did not agree with the way the items were removed from the cemetery and suggested giving notice in the newspaper of the scheduled workshop. She submitted a petition to change the rules with 141 signatures. Charlene Forth, 939 W. Desoto Street, concurs with Mr. Herda. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2004 Mayor Turville asked City Manager Saunders to agenda a workshop and to advertise in the newspaper. Council Member Mullins suggested the Beautification Committee assist in reviewing the cemetery rules. Clermont Downtown Partnership Elizabeth Adams requested the City provide fireworks for the First Friday event on July 2. City Manager Saunders stated it would be difficult to contract with someone to provide the fireworks at this late date and funds have not been allocated for this expense. Council Member Renick and Mayor Turville recommended the Clermont Downtown Partnership submit a budget request for next year. NEW BUSINESS Variance Request- Rivera - Indian Shores Planning Director Brown advised Council of the variance requests to allow for a front yard setback of 25 ft. and a side yard setback of 20 ft for Lot 50 in the Indian Shores subdivision. Council Member Mullins moved to grant the variances as requested; seconded by Council Member ,4sh. The motion passed with all members present voting "aye ". Variance Request- South Lake Foundation Planning Director Brown informed Council of three variances requested by the applicant to provide a 5 ft. wide landscape buffer along rights-of-way, an interior landscape island 5 ft. wide and 225 sq. foot in area and to be relieved from providing the replacement trees. The Council originally approved the requested variances in May 2002. The variance expired since construction did not begin within one year of the granted variance. City Clerk Ackroyd swore in Paula and Eric Jones, 963 W. Juniata Street; Joe and Linda Shiilibeer, 966 W. Juniata St., Charlene and Charles Forth, 939 W. Desoto; Stephanie Butler, 845 West Avenue whom are not in favor of Council granting the requested variances. City Clerk Ackroyd swore in Steve Lee, South Lake Foundation incoming President. Mr. Lee commented attempts have been made to clean the property and would like to move forward with the proposed project. Council Member Renick voiced concern with the lot size being insufficient for the proposed building and is not in favor of the request. Council Member Ash concurred and objected to the request. Council Member Mullins stated concern about trees missing from the original approved plan. Council Member Mullins moved to table to duly 13 meeting to give the South Lake Foundation time to return with a landscape plan that will satis~_ the neighbors and do away with the third variance; Mayor Turville passed the gavel and seconded the motion. The motion failed with a 2 t~ 2 roll call vote with Council Members Ash and Renick opposing. City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2004 Council Member Ash requested the Foundation also include a reduction in the size of the building and asked to reconsider her vote on the table. Council Member Mullins is concerned with the landscaping on the western and southern border of the property. Council Member Mullins moved to postpone to July 13; seconded by Council Member Ash. The motion passed 3 to 1 on a roll call vote with Council Member Renick voting "nay". Mayor Turville called' for a recess at 9:30pm. The meeting was reconvened at 9:45pm. Levitt and Sons, LLC- Utilities Agreement Planning Director Brown briefed Council on the request for an amendment to the Utility agreement that would allow for grading in excess of 10 foot of cut or fill, encroachment into the 100 year floodplain, and allow for private streets. Staff supports the request for private streets, but does not support exceeding the grading ordinance or encroachment into the floodplain. Cecelia Bonifay was present representing Levitt & Sons. They have agreed to dedicate 60 foot of right-of-way along Hartwood Marsh Road. Harry Sleek, Senior Vice President of Levitt & Sons, requested an additional 4 fi. be cut down in front of Hartwood Marsh Road and an additional 7 feet at the entrance into the property. The purpose of the request is to improve the safety of traffic coming in and out of the development as well as improve lots along Hartwood Marsh Road. Lance Bennett of Sellen, Conner & Walsh, spoke on behalf of the project in relation to the existing flood plains. Mayor Turville requested information on how the mitigated areas are connected to the body of water. Mr. Bennett explained it is connected between the floodplain area and retention areas so the water comes up to the wetland which backs up into the storage area. He confirmed the other site is also connected. Council Member Mullins inquired why staffdoes not support this request. City Manager Saunders stated the City's ordinance is specific to not allow encroachment into the flood plain therefore staff is consistent with the ordinance. However, staffdoes allow piping in the flood plains but does not allow any type of building or lots. Mayor Turville and Council Member Renick voiced concern with the floodplain encroachment. Cecelia Bonifay suggested the Council take action on the private roads request and table the remainder requests until she can meet with City Attorney Mantzaris. Furthermore, Mr. Bonifay added the roads will be built to city standards. Council Member Mullins moved to table to June 22, 2004; seconded by Council Member Ash. The motion passed with all members present voting "aye." Ordinance No. 338C- Introduction Mayor Turville read Ordinance 338-C aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2004 An Ordinance of the Code of Ordinances of the City of Clermont, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Article .II Landscaping, section 118-33 irrigation, section 113-34 installation of landscape material, section 118-36 plant material, section 118-37 landscape buffers, section 118-38 vehicular use area interior landscaping, section 118-41 preferred tree list, section 118- 44 illustrations; providing for severability, providing for an effective date, and providing for publication. Council Member Mullins moved to introduce Ordinance 338-C; seconded by Council Member Renick. The motion passed with all members presen! voting "ave ". Grimes - JP/I Review Planning Director Brown advised Council of a request for rezoning in the Joint Planning Area located on County Road 455 north of Hwy. 50. This is to allow for a 6 lot subdivision on 9.2 acres. Staff supports the request. Council Member Mullins moved to forward ct recommendation to the Count~ to allow the rezoning; seconded bY Council Member Ash. The motion passed with all members present voting "ave." Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. Joe Janusiak informed Council of cars parking on both sides of the sidewalk at the corner of Disston and Highland Avenue. ADJOURN: With no further comments, the meeting was adjourned at 10:52pm. Tracy Ack~y'd, City Cle~9~- APPROVED~~ This is a petition concerning the "REMOVAL OF ITEMS PLACED AT THE GRAVE SITIES AT OAK HILL CEMETERY and we would also like to demand a revision of the current "RULES & REGULATIONS" governing the Oak Hill Cemetery. The City of Clermont had city workers remove items from the gravesites of loved ones buried at Oak Hill Cemetery. Some families are very angry that this was done without notifying them. If you agree that this was very wrong PLEASE SIGN OUR PETITION. THANK YOU THE FAMII,IES OF LOVED ONES BURIED AT OAK HILL CEMETERY IN CLERMONT. 0 do-rd- O O 0