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04-09-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 9, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:30 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 Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held March 26, 2002. REPORTS City Manager Saunders' Report City Manager Saunders stated that he had been informed today that the County has received a variance request for a cell tower from the property owner at the southeast corner of U.S. 27 and Steve's Road and that it will be heard this Thursday. He stated that the City has established a cell tower ordinance and feels the need to protect its borders. He requested that the City Council make a motion to send Staff to represent the City Council's opposition to this request. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to send a representative of the City to Lake County to oppose the request for variance for a cell tower. Council Member Renick's Report Council Member Renick stated she had received a call from Rich Dunkel, President of Trail Friends this morning with a request for $100 from all cities involved in the Lake Apopka Loop. She stated that the effort is to raise consciousness with t- shirts, which will include Clermont's name and will be given away. City Manager Saunders stated he had met with Mona Phipps this week and that she would be sending a packet for a City Council agenda. He also stated that he had promised to have a representative available at the Trailhead to welcome the traveling tour. Council Member Dupee asked if a presentation could be given. City Manager Saunders stated that Ms. Phipps had planned a presentation along with the request to be placed on an agenda. • • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 2 Discussion followed regarding this project. It was the consensus of the City Council to go ahead and place this item on a future agenda. Council Member Mullins' Report Council Member Mullins reminded everyone of the April 18, 2002 reception for Kirby Green, Director of St. Johns River Water Management District, to be held at the Holiday Inn Express from 7:00 to 8:30 p.m. He stated that Mr. Green will be the guest speaker at the Chamber Breakfast the following morning at 7:30 a.m. at Jenkins Auditorium. Council Member Caputo's Report Council Member Caputo stated that the City of Clermont has been awarded the National Junior College Athletic Association Tournament bid for 2003, 2004 and 2005 through the efforts of Dr. Dot Richardson and friends. Council Member Caputo also stated that he has been in touch with Lake County D.O.T. and Florida Power regarding the traffic signal at Hartwood Marsh Road and U.S. 27 and hopes that the light will be operational this week. Carol Harrison - Beautification Committee Liaison Ms. Harrison stated that the Beautification Committee has completed a project with the Mom's Club of Clermont to beautify Kiwanis Park with trees and shrubs and has helped to plant a Butterfly Garden at Lost Lake Elementary School. She stated that one of the goals of the Beautification Committee planned for April to coincide with Earth Day and Arbor Day has been to give each school three trees, and that Lost Lake Elementary received theirs on Monday, Clermont Elementary will receive theirs on Wednesday and Cypress Ridge will receive theirs hopefully on Friday. Ms. Harrison then invited the public to come out and join the efforts of the Committee to beautify the City. She then spoke regarding upcoming events that the Committee will be helping with and recent members. Ms. Harrison concluded her update by stating that she had recently participated in the National Wildlife Federation Habitat Steward Training Program through the BB Brown Nursery to learn more about promoting native and drought tolerant plant life in the City. She welcomed any comment regarding this program and stated that Council Member Renick has her landscaping at home done by this program. Council Member Renick commended Ms. Harrison on her completion of this program and her efforts in promoting native plant life throughout the City. She invited the Beautification Committee and the public present to tour her yard. Council Member Dupee stated that the City has an ongoing program that allows utility customers to withhold 50 cents that goes toward the purchase of plants for beautification. She stated anyone can call City Hall to sign up. No Other Reports • • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 3 CONSENT AGENDA Item 1 — Surplus Equipment Declare Scotchlite Heat Lamp Sign Machine as surplus for public auction Item 2 — Contract Renewal Approval of renewal of City Manager contract Item 3— Final Plat Approval Approval of final plat for Summit Greens Phase II B subdivision Item 4 — Final Plat Approval Approval of final plat for Magnolia Park Phase I subdivision Item 5 — Fire Depait,nent Jet Ski Purchase Mayor Turville asked if anyone wished to pull any of the five items for discussion. City Manager Saunders stated that Item 5, the Fire Department Jet Ski Purchase, should be removed from the agenda as an area resident has offered to donate one to the City. Council Member Renick pulled Item 2 for discussion. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1, 3 & 4 of the Consent Agenda. Mayor Turville stated that Item 2 will drop to the end of the agenda. UNFINISHED BUSINESS Ordinance No. 439 -M - Final Reading Mayor Turville read the ordinance by title only and stated that this is related to the next item on the agenda. Planning Director Brown stated he would give explanation of the two related agenda items together. He stated that the applicant, Westminster Care Communities, is requesting rezoning of Lots 1, 2 and 11 located at 151 West Minnehaha Avenue from R -1A to R -3, and stated that these are not under the current Conditional Use Permit. He stated that the applicant wants to convert the existing residence on site to an adult daycare facility and must rezone to R -3 and amend the current Conditional Use Permit for this to be allowed. Mr. Brown then pointed out various conditions of the proposed Conditional Use Permit to the City Council. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: • • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 4 Wes Kihlmire of Westminster Care Communities, the applicant, 80 W. Lucerne Circle, Orlando, spoke regarding the request. Bill Campbell, 1701 East Avenue, spoke as neighbor to Westminster regarding problems with stormwater overflow onto his property, noise, garbage and lighting. He voiced concern regarding whether these problems would be addressed properly or not. He expressed concern about the lack of parking for the site. Mr. Kihlmire stated he was willing to address and/or correct issues. He spoke regarding the concerns of Mr. Campbell and requested that Planning Director Brown address the parking issue. Planning Director Brown stated that City Code requires one parking space per every four beds, one space for every doctor, and one space per every four staff members. He stated that there is one doctor on staff and 13 visiting doctors. He then stated that if you include only one doctor space the site can provide 65 spaces, making it 36 short. He further stated that the Conditional Use Permit will provide additional parking space after engineering and explained that Mr. Campbell's request for masonry wall is for control of retention onto his property until proper retention is engineered and constructed. Discussion followed regarding retention problems on the site and consensus was that engineered plan to direct stormwater and retain it on site is necessary. Mayor Turville discussed the rights of way. Council Member Dupee stated she disagrees with the 18 - month time frame and stated that the parking on East Avenue should remain until all new parking areas are completed in order to determine if they will be necessary. Mr. Kihlmire stated that he has requested this length of time for completion of the project to match his fiscal year and would be happy to phase the work to match the City's most urgent needs. Council Member Mullins stated that Mr. Campbell's issues should be addressed first, particularly the water retention problem. City Manager Saunders stated that the conditions of the Conditional Use Permit require that all conditions be met prior to a Certificate of Occupancy being issued except for the allowance of 18 months to convert the gravel parking area to paved, and that the intent was to construct the wall immediately and then convert the parking and retention on site. He stated that language could be added to the Conditional Use Permit to ensure that the water problem would be addressed immediately. Mayor Turville stated that the wall is not a long term solution for the water problem. Council Member Caputo agreed and stated that Mr. Campbell's other concerns can be addressed immediately, but that the water retention issue should be addressed soon after to avoid the wall being undermined in a long term situation. City Manager Saunders stated that City Engineer Richardson could work with the applicant for an alternative temporary retention solution. • • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 5 City Attorney Guthrie stated that the hearing on the Conditional Use Permit should be opened prior to adding any conditions, but that a consensus could be reached without opening the hearing. Discussion followed regarding where buffers should be located and regarding sidewalks. Planning Director Brown stated that language could be added to Section 6, as Condition 2, stating, "All stormwater runoff shall be retained on site and temporary swales and conveyances may be constructed if necessary to retain the stormwater on site." Planning Director Brown then stated that in Section 6, Condition 1, clarify that it is a masonry wall with landscape buffer and irrigation, and add," will be constructed prior to issuance of Certificate of Occupancy for the Rogers House." Mr. Kihlmire stated that fencing would be more attractive in the area where the lights are a problem along East Avenue and suggested placement of the fence along with landscaping to lend a more residential feel to the property. Council Member Renick asked where in the Conditional Use Permit that issue could be addressed. City Manager Saunders stated that Section 6, Condition 1 addresses the light problem and that the second sentence of Condition 2 could be amended to clarify that they are to construct a fence along the western edge of the proposed parking lot and to include landscaping at the street frontage to buffer that area. Discussion followed regarding whether a sidewalk is necessary on East Avenue, running to the southern property line. City Manager Saunders stated that a condition could be added requiring that the sidewalk be constructed in the future in the event that the City extends sidewalk south of there. Council Member Dupee stated she wishes to keep the six current parking spaces on East Avenue until a determination is made as to whether they will be needed or not when the other parking is completed. She added that they could be eliminated if not needed or if they become a hazard. City Attorney Guthrie stated that the removal of those spaces will be covered under transportation issues. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously by a roll call vote to adopt Ordinance No. 439 -M. Resolution No. 1245 — Westminster Care Communities Mayor Turville read the resolution by title only and opened the public hearing. No one spoke. Council Member Mullins asked if the title addresses all problems related to water retention. City Attorney Guthrie stated it will allow for all areas and changes. • City of o Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 6 Council Member Mullins stated that the changes to the Conditional Use Permit are: - to add under Section 6 a masonry wall - to add that all stormwater be retained on site and allowed for temporary swales and conveyances - added solid fences to block headlights at the proposed paved parking lot at western edge - added condition that sidewalk along East Avenue at Lot 2 can be required later - clarified that wall in Section 6 must be constructed prior to Certificate of Occupancy - stated that 6 parking spaces shall remain unless deemed necessary to be removed A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to adopt Resolution No. 1245, as amended. Jimmy D. Crawford/Daniel Hessburg — Variance Request Mayor Turville stated that a letter had been received requesting that this item, along with the next on the agenda, be tabled until April 23, 2002. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to table the variance request to the meeting of April 23, 2002 (time certain). VISITORS WITH BUSINESS Jimmy D. Crawford/Daniel Hessburg — Variance Request A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to table the variance request to the meeting of April 23, 2002 (time certain). Riot, Inc. — Request for Impact Fee Credits City Manager Saunders stated that it was necessary to oversize some of the lines in the area of a project currently being constructed on the south side of S.R. 50, which includes the Outback restaurant, a bank and some future office buildings. He stated that City ordinance provides for impact fee credits for this type of oversizing and that Staff recommends approval of the request from Riot, Inc. for the standard oversizings that credits are typically provided for under items 1, 2, & 4 of this request. He then stated that Staff disagrees with the request for item #3, the allocation of impact fee credits for the jack and bore that is required to go across S.R. 50 to loop the water system. He stated that the City Engineer had agreed that the Outback restaurant could open on the dead -end line but that before any future connection is made the water system would need to be looped. He stated that Riot, Inc. is proposing to split the cost four ways for the four corners, but that the benefit of the loop is not for the north side of the road because there are adequate loops in place there. City Manager Saunders recommended that the current developer pay 1/3 of the cost and that the City provide impact fee credits for the other 2/3 of the cost. He stated that Riot, Inc. had approved this change as well. Mayor Turville opened the public hearing at this time. No one spoke. • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 7 A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve the request by Riot, Inc., with Item 3 amended as proposed by City Manager Saunders. Highland Real Estate/Dale Ladd — Request for Sewer Service City Manager Saunders stated that this request is for sewer service for the proposed Bent Tree subdivision located west of the Spring Valley subdivision, west of U.S. 27, and north of The Legends subdivision. Steve Richey, legal representative for Highland Real Estate, stated that this property is in the City's 180 district for service and will be served water by Lake Utilities, Inc. He stated that Spring Valley subdivision had advised that the sewer lines in their project were not oversized and could not provide adequate sewer service to their project; therefore Highland Real Estate has provided estimated costs for the City to provide service from its current lift station to within 1000 feet of the site. Mr. Richey then requested that the City make the necessary improvements to make sewer service available within 1000 feet of the project. He stated that if the City chooses not to provide sewer, then septic tanks will be installed. City Manager Saunders stated that the City would be required to construct over 3000 feet of sewer line in order to provide service at this time. He stated that the City had not oversized the sewer lines throughout Spring Valley because the sewer plan is to bring lines along the proposed south lake connector, and that adequate right of way does not exist to enable the City to install the lines at this time. He further stated that when the connector is in place sewer service would be available fairly close to 1000 feet of this site. City Manager Saunders stated that sewer capacity is available at the master lift station east of U.S. 27, but not within 1000 feet. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to deny the request for City to extend sewer lines for the project. Donald Guber Trust — Verde Ridge — Agreement for Water & Sewer Service City Manager Saunders stated that this is an agreement between the Donald Guber Trust and the City of Clermont for the extension of water and sewer lines to the Verde Ridge project located north of Old Highway 50. He stated that this is located in the City's Chapter 180 Utility District and that the City inherited a prior agreement with the property owner when the Greater Water System was purchased. He stated that it will be necessary to extend a water line along Highway 50 to loop the system in order to provide adequate water for the project and a sewer line east along Old 50, then south along 455 across 27 south along the Hartle Road corridor, down to John's Lake Road into the sewage treatment plant will also be required. He stated that the agreement outlines how the City will provide impact fee credits for a portion of the oversizing and a pioneer agreement for the sewer line north of Highway 50 in order to provide reimbursement as others are hooked up to the system. He stated that the developer is requesting connection for 500 units. He stated that Staff recommends approval. He then proposed a change to page 2, Section II, C; add `subject to final review and approval by City Staff.' • • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 8 City Attorney Guthrie stated that on page 3, Section II, both D & E, the City should add `; provided specifically that should City not be able to acquire the necessary easements at no cost to City, then City shall be relieved of its obligation regarding sewer service pursuant to this Section II, until such time as suitable easements can be secured. City Manager Saunders stated that on page 3, Section III, B, add `and minimum flow requirements' after `requirement of 6"; and on page 4, Section V, add `provided that the Consumptive Use Permit has been issued by St. Johns River Water Management District'. City Attorney Guthrie stated that on page 4, Section 6, add `unless at the time of connection to City utilities reuse is a requirement of the City's Consumptive Use permit by the St. Johns River Water Management District. Donald McIntosh, McIntosh & Associates, spoke representing the owners and discussed with City Manager Saunders and City Attorney Guthrie the changes proposed. He stated that he is in agreement with the City and that the owners will be spending over $1 million to bring utilities to the project. Mr. McIntosh then stated he would be glad to answer questions. Frances Hartle, 13642 Hartle Road, spoke regarding the installation of City sewer lines on Hartle Road. A motion was made by Council Member Caputo, seconded by Council Member Dupee, and carried by a vote of 4 to 1 to approve the Agreement with Donald Guber Trust regarding Verde Ridge, as amended, with Council Member Renick Being the opposing vote. Resolution No. 1247 Mayor Turville read the resolution by title only. City Manager Saunders stated that recently a revised animal control ordinance and accompanying resolution to update animal control fees were adopted. He stated that the dangerous animal registration fee was established in the animal control ordinance and is now being added as part of the resolution establishing fees related to animal control as well. He stated that the City's Code Enforcement Board heard an issue related to this subject recently and that City Attorney Guthrie had recommended at that time that the fee should be added. City Attorney Guthrie verified that the resolution needs to be amended to include the dangerous animal registration fee. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1247. Consent Agenda Item #2 — Contract Renewal Council Member Renick stated that she is uncomfortable with the length of the contract and with the severance language regarding with or without cause. She further stated that she would like to attach a performance objective process to this contract. • • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 9 City Manager Saunders stated that five years is considered to be a long contract term and that the last City Council had adopted a five -year contract. He stated that the term of the contract prior to that had been three years. He stated that Council Member Renick's comment regarding with or without cause for severance is not typical contract language. He concluded by stating that a performance objective is typically a part of an employee annual review process. City Attorney Guthrie stated that it is atypical for city managers to hold an annual contract and that a three year contract is most typical with newer city managers, but a longer term could be considered. He stated that the length of the contract simply means it will not come up for review for five years, but that this particular contract is non - binding and can be terminated at any time. Mayor Turville stated that it is not typical for a city manager to stay as long as Mr. Saunders has, and that he has remained for good reasons. He stated that he is comfortable with any term of contract, three or five years. Discussion followed regarding the language and requirements for citing cause of termination. Council Member Caputo stated that he concurred with Council Member Renick and that the City Council has not had adequate time to review this contract. Council Member Mullins and Mayor Turville stated that the annual budget meetings held during the summer include review of city manager salary and performance. City Manager Saunders stated that he is not proposing any changes in compensation or benefits with this and that the City Council had set those earlier in the year. Council Member Caputo stated he would like to have a meeting with City Manager Saunders regarding this contract and needs more time to become familiar with the contract. A motion was made by Council Member Caputo to table this item to the meeting of April 23, 2002. Motion died due to lack of second. Council Member Renick stated that her issue was with the quality of the contract only, not with City Manager Saunders' performance, and that if City Attorney Guthrie is assured that the contract is sound she has no further problems. City Attorney Guthrie spoke regarding various contract types as they relate to employment. Council Member Caputo stated that the contract was not presented properly and that the City Council needed more that six days to review this contract. Council Member Mullins stated that the document is three pages of simple contract language. A motion was made by Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to approve the contract renewal. City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 9, 2002 Page 10 Council Member Caputo stated he voted for the contract renewal because City Manager Saunders is doing a good job. Ronaldo Camargo, 1949 Brantley Circle, asked if the City has an emergency plan in place and if the City has enough police coverage. He asked if the City will have a K -9 unit anytime soon. Mayor Turville stated that the City currently has enough police coverage and spoke regarding annexation and requirements for coverage. City Manager Saunders stated that the City uses Lake County's K -9 unit. Council Member Dupee stated that these issues are addressed annually at budget meetings as well. City Manager Saunders stated that the City has an emergency preparedness plan in place that is updated periodically by each department, and that it has been updated since September 11. Mr. Camargo asked if information is available to the public. City Manager Saunders stated that the plan is available and that the City is considering a website as well. Council Member Caputo stated that the Police Department is short on manpower now and will be filling that vacancy. He stated that the ratio of officers to residents is 1 to 500. There being no further business, the meeting was adjourned at 10:00 p.m. ! %i , I _ - IIP Ha urville, Mayor • test: i— 0 Jo ' ph E. Van Zile, /Clerk