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11-26-2002 Regular Meeting City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26,. 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 26, 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 Ash, Caputo, Mu!lins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, City Engineer Richardson, Finance Director Van Zile and Deputy City Clerk Studdard. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES Council Member Mullins stated that the motion approving the variances for the BankFirst property on page five by a vote of four to one should be amended to reflect the correct vote of three to one, as he had abstained from the vote. Council Member Renick stated that on page one of the November 12, 2002 minutes, the name Mihalie under Council Member Dupee's report was misspelled. She requested to add to her statement on page four reg.arding the basis of the bond payoffbeing 8% that the current growth rate is 12 to 15%. ~4 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the minutes of the Regular Council Meeting held November 12, 2002, as amended. REPORTS City Manager Saunders City Manager Saunders scheduled a workshop meeting with the City Council to be held December 19, 2002 at 6:00 p.m. at the Police Department Community Services Room. City Manager Saunders then invited everyone to attend the annual Light Up Clermont event downtown on December 6 with the ceremony beginning at 7:00 p.m. He stated that there would be other activities downtown and the parade beginning at 1:00 p.m. on Saturday the 7th. Council Member Caputo Council Member Caputo stated he had received complaints regarding the need for a flashing light in fi:om of Windy Hill Middle School and asked for City Council consensus to send a letter to Jimmy Conner at the Lake County School Board regarding this need. He also stated that City Manager Saunders had pointed out that Clermont Elementary could use the same light. After discussion there was a consensus of the City Council to send this letter to Mr. Conner. Council Member Mullins Council Member Mu.llins stated he had no .Feport but asked City Manager Saunders if the upcoming December 19th workshop would' include discussion regarding the sign issue that the.Council had r~ceived a .petition about. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 2 City Manager Saunders stated it would be on one of the upcoming workshop meeting agendas. Mayor Turville Mayor Turville stated he had attended a meeting last week with a USGS representative as speaker and that the focus was on South Lake County. He stated that the speaker had indicated that private utility consumption would be up by 7500% very soon. He stated he had attended a Transportation Task Force meeting and a South Lake Chamber of Commerce Board meeting as well. Mayor Turville then read a letter into the record fi~om Mona Phipps and Marilyn MacLauchlin regarding the Florida Forever Grant process and the lack of notice to respond. City Manager Saunders responded that the issue referred to in Ms. Phipps' and Ms. MacLauchlin's letter concerned the late notice of a meeting they could have attended. He explained the factors involved in this situation and concluded that the 10 points that could have been achieved by attending this meeting would not have been adequate to secure the award of the grant funding. CONSENT AGENDA Item 1 -Waterfront Park Event Approval of waiver of parking fees at Waterfront Park for the Orlando Road Club, Inc. to hold a Pace-Led Century Ride on January 5, 2003 Item 2 - Meeting Cancellation Cancellation of December 24, 2002 Council Meeting A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items land 2 Of the Consent Agenda. UNFINISHED BUSINESS Mayor Turville then requested that City Manager Saunders state any necessary changes to the agenda. City Manager Saunders stated that Jimmy Crawford has reqaested postponement of Ordinance No. 460-M, Resolution No. 1297 and the Holiday Inn Express variance request. Mayor Turville asked the City Council to consider tabling these requests. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to table Ordinance No. 460-3/I, Resolution No. 1297, and the Holiday Inn Express variance request to the meeting of December 10, 2002. Ordinance No. 321-C - Final Reading Mayor Turville read the ordinance by title only. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 3 Finance Director Van Zile stated that the Police Officers' Pension Board of Trustees has recommended approval of these technical revisions that were suggested by the Florida League of Cities to maintain compliance. He stated that the voluntary changes were also discussed and r6commended by the Pension Board of Trustees, and that they were also discussed by the Union. Finance Director Van Zile then outlined the changes as follows: 1) Section 8: Adds another retirement date option, 2) Section 9: Addresses benefit accrual rate, 3) Section 10: Adds partial vesting schedule prior to 10 years, 4) Section 11: Changes member contribution from 1% to 3% of gross, and 5) Section 12: Offers deferred retirement option Finance Director'Van Zile stated that the change in member contribution from 1% to 3% and the change in vesting are the ones that cause increase but the officers wants these changes.. Council Member Caputo asked if the ability to buy back years of service at completion of 20 years is provided. Finance Director Van Zile stated that is not provided. Council Member Caputo asked if any medical coverage is provided with retirement after 25 years of service. Finance Director Van Zile stated that the current retirement plan offers continuation of health benefits at full cost to all employees at retirement regardless of years of service. .d motion Was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 321-C. Ordinance No. 322-C - Final Reading Finance Dir6ctor Van Zile stated that the Firefighters' Pension Board of Trustees has recommended approval of the same technical revisions as were suggested by the Florida League of Cities to maintain compliance for the Police Officers Pension Board of Trustees. He stated that this ordinance does not include the voluntary changes regarding member contributions and vesting. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to adopt Ordinance No. 322-C. City Manager Saunders recommended that the City Council hear Ordinances 463-M and 465-M, Resolution No. 1293 and the variances associated with these requests collectively. Ordinance No. 463-M - Final Reading Mayor Turville read the ordinance by title only. Plmming Director Brown'explained that the applicant is requesting to construct a professional office on the vacant lot located at the northwest comer of. Hampton 'Street and Almond Street, just east of his e~isting law office. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26s 2002 Page 4 He explained that each of the four requests are necessary in order to accomplish the project and spoke regarding the possibility of an error being made to the Land Use Map in 1991 which resulted in this property having its current land 'use. Planning Director Brown spoke regarding similar requests for the same general area that had been either tabled indefinitely or denied earlier this year and the possibility of scheduling the Council workshop that had been discussed at that time prior to any decision being made for properties in this area. He then recommended postponement of the four related requests pertaining to this property until that meeting can take place in order to develop a plan for the area. Mayor Turville opened the public hearing at this time. Richard Langley, the applicant, spoke regarding the project and stated that the Planning & Zoning Commission had voted 7 to 1 to approve the request. He addressed the inconsistencies of the area and stated that R-3 zoning already exists in the area.' He stated he has no wish to encroach into the residential section of Hampton Street and promised that the architectural design and landscaping of the project will be an enhancement to the neighborhood. He further stated that the whole area that fronts this property is akeady being utilized as professional or commercial. ~4 motion was made by Council Member Caput0 to table these requests until the Cit)~ Council has looked at the area. Motion died due to lack of second. Mr. Langley stated that this property has nothing in common with the rest of the area as it is zoned commercial. Council Member Renick asked if the Kingston property that had been considered earlier this year was zoned commercial as well. Planning Director Brown stated that half of it was. Mr. Langley presented the proposed project and stated the need for more space. He stated that he can build a duplex on the lot without saving the large old tree on the site but he prefers to work around it, if possible. He spoke regarding traffic on Almond Street as well. Mayor Turville closed the public hearing at this time. Council Member Mullins asked why Staff has stated that 2,000 square feet is too large. Planning Director Brown stated the reason as the need for three variances and the challenge of having enough soil space without over trimming the tree or damaging roots. Mr. Langley stated that subterranean retention would avoid the tree problems. Mayor Turville asked how much closer the front yard setback would be. Mr. Langley stated 5 or 6 feet. Council Member Reniek clarified that this project can move forward with the tree being removed. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26,. 2002 Page 5 Planning Director Brown stated that was the case with the addition of tree replacement. City Manager Saunders stated this would be an appropriate place to draw the line. He then stated that City Code allows the movement of buildings and granting of variances in order to save a tree of this size. Mr. Langley concurred with City Manager Saunders comments and stated that without saving the tree the variances would not be necessary. .4 motion was made bp Council Member Renick, seconded by Council Member Caputo, and carried unanimously to adopt Ordinance No. 463-M. Ordinance No. 465-M - Final Reading Planning Director Brown stated this request is to rezone the property located at the northwest comer of Hampton Street and Almond Street from R-2 Residential to R-3-A Residential/Professional. Mayor Turville read the ordinance by title only and asked if anyone wished to speak. .4 motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to adopt Ordinance No. 465-M. Resolution No. 1293 Mayor Turville read the resolution by title only. Planning Director Brown stated this is a request for a Conditional Use Permit to allow construction of an approximate 2,000 square foot office building on property located at the northwest comer of Hampton Street and Almond Street. .4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1293. Council Member Mullins asked what protection the City has that all measures will be taken to protect the tree. City Attorney Ghthrie stated that Resolution No. 1293 can b~ reopened to insert a requirement. Discussion followed regarding the need to ensure.protection of the tree. Planning Director Brown stated that in Section 2, a Condition 2 should be added to read, "Every effort will be made to protect and maintain the tree." .4 motion was made by Council Member Renick, seconded by Council Member .4sh, and carried unanimously to reopen Resolution No. 1293. .4 motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1293, as amended. City of Clermont · MINUTES REGULAR COUNCIL MEETING November 26,. 2002 Page 6 Variance Requests - Richard H. Langley Planning Director Brown explained the three requested variances associated with the property located at the northwest corner of Hampton Street and Almond Street. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the requested variances. Ordinance No. 461-M - Final Reading Ordinance No. 464-M - Final Reading Resolution No. 1294 Mayor Turvile read the ordinances and resolution by title only. Planning Director Brown explained that Ordinance No. 461-M is a Comprehensive Plan Amendment to recognize the annexation and assign Land Uses to properties comprising the Lost Lake Reserve. He stated that Ordinance No. 464-M is the DeCelopment Order, the document vehicle used to adopt the Development of Regional Impact (DILl), which was adopted by the East Central Florida Regional Planning Council (ECFRPC) in September 2002 for the Lost Lake Reserve project. Planning Director Brown then stated that Resolution No. 1294 is a request for a Conditional Use Permit to amend Resolution No. 1186 to allow mass grading and to allow a single retail establishment of over 100,000 square feet, among other changes for the Lost Lake Reserve. Deputy City Clerk Studdard swore in all who wished to speak. Cecilia Bonifay, legal representative for the applicant, addressed each issue and gave an explanation and history of the project. She spoke regarding the steps taken in the process regarding engineering and the resulting request for mass grading as well as the request to allow a single retail user to occupy more than 100,000 square feet of commercial space. She stated that the other changes requested are to bring it into compliance with the DRI requirements. She requested that they be allowed to be approved as a part of the development review process. She spoke regarding annexation, land acquisition and the purpose of the Development Order. Harry Lerner, Westshore Development Group, Inc., the applicant, updated the City Council on activity at the site. He stated that they have completed engineering for Citrus Tower Boulevard from the southern boundary to the northern boundary of the project and have completed the design of Hook Street. He stated that Lake County will fund 85% of construction and that they expect approvals by February or March of next year. He stated they ha~,e planned the road continuity of Steve's Road from the eastern to the western boundary and that the work is being dome by Macintosh & Associates. He spol~e regarding the mitigation along Lake Felter being complete and stated that the restoration work at Eagle Lake is co.ntinui/!g. He then referenced a handout he supplied to the City Council of the master plan and stated they are ready to begin construction of the planned City park. He stated the first occupancy of the apartments will be next month. He spoke regarding construction standards being used, a new drought tolerant type of grass being used along John's Lake Road and the landscaping of 90 lots in the first phase. He'stated the 'home prices in this phase will be between $150, 000 to $200,000. ' ' City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 7 Grace Piccio, 2003 Crestridge Drive, s~ated that the area schools are suffering as a result of growth and gave the enrollment rate at the local schools with a total of 75.portables in use. She asked how many single and multi family units comprise the Lost Lake Reserve and what school the children will attend. She also asked how children are figured for the project. Jim Purvis, 4206 Hammersmith Drive, spoke in opposition to Resolution No. 1294 and stated it would allow the developer to have any big box user come in without a public hearing. He stated that the developer should be required to donate property for a school. Cecilia Bonifay stated that there are 1100 units in the development and that Lost Lake Elementary School is a part of this development. She stated that the developer facilitated the school and sold the land to Lake County at a reduced cost. She stated that the developer built the road to the school and that the .park will be a City park. She stated that the DRI requirements include schools and that the Lake County School Board as well as ECFRPC approved the project. Mr. Lemer stated that the lot count is 508 single family with 100 duplex units and 600 aparlments. He referenced the handout and stated the total contributions would be $17 million with a net contribution of $8.6 million. He spoke regarding Impact Fee Credits and Lake County contributions. He spoke regarding the roadways built with this funding and stated that this Conditional Use Permit would give them the assurance to be able to complete Phase I of the project while requiring them to come back for an additional Conditional Use Permit for a specific user of the big box retailer. Bob Pool, 1464 East Avenue, Lake County Commissioner, spoke regarding Ixansportation improvements in the area and the importance of approving this project to ensure them. Ms. Piccio asked the number of children that would live in this project. City Manager Saunders stated that in 1100 homes typically 550 would be children, with a portion of them being school age. He stated that some concurrency legislation was adopted this year. He stated that he met with a representative of Lake County Schools this week and that most of the students of Lost Lake Elementary currently reside in the County, not City. He also stated that the School Board was provided information for input regarding the DRI request. He then stated that a condition of the Conditional Use Permit requires another Conditional Use Permit for the specific request of over 100,000 square feet and spoke regarding roads for the future. Ms. Piccio asked how City Manager Saunders figured the one half child per home and when the DRI was submitted. City Manager Saunders stated that his source for the number of children was the 2000 census. Ms. Bonifay stated that the DRI was submitted to the ECFRPC in July 2002 with approval in the last 2 months. Ms. Piccio asked the City Cour~cil to research this information and meet with the Lake County Board of Education before moving forward with this project. Mayor Turville closed the public hearing at this time. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 8 Council Member Ash stated she had met with the developer to discuss the project and that while she is comfortable with Ordinance Nos. 461-M and 464-M, she has concerns with Resolution No. 1294. She spoke regarding the traffic back up at the school during pick up time and the impact a big box may have on this. Mayor Turville stated he had concern with the transportation and he is uncomfortable allowing a 50 foot cut in the parcel to accommodate a big box. He stated he could not address the transportation concerns without knowing who the end user would be and he could not approve taking down a hill for an unknown project. Mr. Lemer spoke regarding the stringency of the DRI requirements to ensure that all necessary transportation elements are in place prior to allowing commercial usage. He spoke regarding the traffic study done for the entire project, not just Phase I. Mayor Turville stated that the original plan described a commercial village. Mr. Lerner spoke regarding uses versus vision and stated that with over 400,000 square feet of retail space, economically they must have a big box user. Don Macintosh of Macintosh & Associates, 2200 Park Avenue, Winter ?ark, engineer for the project, spoke regarding the requested grading for the site and their attempt to get the best site with minimal grading changes. He stated that mass grading helps to minimize impacts to adjacent sites and that they strived for the best plan to preserve as much natural topography as possible while meeting other constraints on the site. He then pointed out areas on overhead display that would exceed City Code allowance regarding grading. Mayor Turville discussed the 50 foot proposed hole with Mr. Macintosh. Mr. Macintosh stated that a commercial village type plan would have close to the same grading needs and spoke regarding traffic monitoring requirements and eventual signalization. He stated that traffic management will be improved as the development moves forward. Council Member Renick asked if it was known that there would be a big box user and grading changes going in. Mr. Lerner stated they had not been allowed to speak regarding the big box user and that people were not happy With the grading with the big box up on a hill. He stated this was a better plan. Council Member Renick then stated that the Planning & Zoning Commission did not adequately hear this request and suggested that Resolution No. 1294 be tabled and sent back to them for further consideration. Planning Director Brown stated that the Planning & Zoning Commission had been given the opportunity to discuss all elements of this project and that the same project team was at the Planning & Zoning meeting. Council Member Renick voiced displeasure that the requests were lumped together on this agenda as well. Mayor Turville then referenced the underlined, strikethrough version of the resolution and stated that on page 5 in Section 3 reference was made to a floodplain area offofU. S. 27. He asked if this would be lost. City Manager Saunders stated it was his understanding that this was a part of the original PUD, not a change. · Cit~ ofClermon~. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 9 Mr. Lemei stated that only a small portion is actually wetland and that there is no intention to take it out right away. He stated there is the possibility of future use of a small area for office. He spoke regarding the Consent Order requirements as well. Council Member Renick asked if they should not apply to St. Johns River Water Management District for a permit first. Mr. Lerner stated that the City is more restrictive so they started here to obtain permitting. He stated that they are workirig with D.O.T. on the U.S. 27 widening and that the six lanes will enter that wetland area. Mr. Lemer then stated that Johns Lake Road included lef~ and fight mm lanes when cons~ucted to help alleviate traffic problems. Council Member Ash stated this applicant has worked hard with the City and County but her problem is with what are now a two lane road and the traffic problem at the school .that would be compounded by the commercial development nearby. Mr. Lerner spoke regarding the DRI requirements that all road improvements must be .completed and stated they must have approval for revenue to be able to provide those improvements. He stated his concern that once the residential development is in place then they will be unable to obtain permission for the commercial, which is his reason for requesting preliminary approval for the over 100,000 square feet. He stated he would come back for the Conditional Use Permit for a specific user. Council Member Caputo spoke regarding Lermar and stated he understood the concerns. Mayor Turville called for a break at 10:10 p.m. The meeting reconvened at 10:20 p.m. Council Member Caputo suggested that they move forward at this time with approval of each item. Council Member Renick stated that her negative vote would be in keeping with her original vote on the project. ~4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried by a vote of four to one to adopt Ordinance No. 461-3/I, with Council Member Renick being the opposing vote. ~4 motion was made by Council Member Mullins, seconded by Council Member Captito. and carried b¥ a vote of three to two to adopt Ordinance No. 464-M, with Council Member Renick and Mayor Turville being the opposing votes. VISITORS WITH BUSINESS Resolution No. 1294 Discussion followed regarding the DRI review process as it relates to school capacities. Mayor Turville spoke regarding the traffic counts and asked .how the numbers were derived. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26~ 2002 Page 10 Ms. Bonifay stated they used the accepted methodology as set by the ECFRPC. She stated they would do the required monitoring as called for. Discussion followed regarding the monitoring requirements and traffic study. Mr. Lerner stated that if a failure is 'noted in the monitoring process then development stops until remedy is achieved. Mayor Turville stated his concern that the traffic count was wrong. Mr. Lerner stated that the DRI set stringent roles that include annual monitoring and that they met them. Discussion followed regarding the expected traffic for the super retailer. Mr. Macintosh stated that the application for a Conditional Use Permit for the' particular big box user that would come later should include a traffic study. City Manager Saunders spoke regarding the Conditional Use Permit for the big box user being a safeguard to ensure that all information is adequate and correct and stated that Lake County and ECFRPC have reviewed and approved the development. Hood Craddock of Lost Lake Reserve stated that the banks must know that uses are approved and they must know what improvements they can fund. Discussion followed regarding road improvements and how dependent they are upon this certain approval as well as how much commercial space can be built wi.'thout a Conditional Use Permit. City Manager Saunders stated that the language of this Conditional Use Permit requires that they come back with a specific request even if preliminary approval if granted tonight. The City Council discussed the language of the Conditional Use Permit as it relates to a single retail establishment. ~l motion was made by Council Member Caputo and seconded by Council Member Mullins to adopt Resolution No. 1294, as amended. 'Motion]ailed bp a vote of three to two, with Mayor Turville and Council Members Ash & Renick being opposed. Mayor Turville stated the applicants should bring back a new request, particularly regarding grading. Council Member Mullins suggested that the applicants come to a workshop with the City Council to discuss the request. Mayor Turville stated' the applicant should bring a new plan to the City Council through the normal process. Resolution No. 1292 Variance Request - Kur-Star Construction Mayor Turville read the resolution by title only. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 11 Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow the construction of an office complex consisting of three buildings totaling up to 36,400 square feet for property located at the northwest comer of S.R. 50 and Hancock Road. Planning Director Brown then proposed a change to Section 4, Condition 3 of the Conditional Use Permit to mad, "Within 90 days of the date this CUP is granted by the City Council, the pennittee shall dedicate right-of- way 40 ft. in width along the entire south property line in order to accommodate the planned frontage road." Planning Director Brown then stated that the applicant is requesting a variance in conjunction with the Conditional Use Permit to allow a landscape buffer to be placed on a slope rather than on level ground as required by Code. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: John Herbert of American Civil Engineering, engineer for the applicant, stated they would prefer to keep the original timeline in place regarding the dedication of right of way change .proposed by Planning Director Brown. John Kurtz, Kur-Star Construction, Inc., spoke regarding the project and displayed photos of the proposed development. City Manager Saunders stressed the importance of the change t'o require the dedication of right of way for the frontage road. Council Member Caputo commented that there were no traffic figures included with the request and stated this project should be tied to the completion of the frontage road. Council Member Renick stated that the City Council can require a traffic study, which allows thc City to require further improvements as needed. Mayor Turville closed the public hearing at this time. Council Member Mullins agreed that it should be fine to move forward with the construction of the Watson building at this time. It was the consensus of the City Council to add a Condition 6 to Section 4 of the Conditional Use Permit as provided by Planning Director Brown to read, "The buildings on lots 2 and 3 cannot be constructed until Oakley Seaver Drive is completed." A motion was made by Council Member Mullins, seconded by Council Metnber Renick, and carried unanimously to adopt Resolution No. 1292, as amended. A motion was made b¥ Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the requested variance. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 12 Resolution No. 1291 Mayor Turville read the resolution by title only. Planning Director Brown explained that this request is for the continued operation of a Montessori School at 234 Mohawk Road in the Clermont Commons Business Park for three years. He stated that the original Conditional Use Permit was g~anted for one year in 1997 with a one year extension in 1998 and a 3 year extension in 1999. He stated that the current extension expires on December 27, 2002. Deputy City Clerk Studdard swore in the following: Ignaeio Quintana, the applicant, spoke regarding his recent acquisition of the school and requested approval of the request. Planning Director Brown stated that as long as the meant lot is available for use as the play area Staff recommends approval. Mayor Turville closed the public hearing at this time. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1291. Resolution No. 1295 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting to amend their original Conditional Use Permit to allow the operation of a preschool at Blessed Sacrament Church located at 720 Twelfth Street. Deputy City Clerk Studdard swore in the following: Jim Bean, Business Manager of the Church, spoke regarding the request. Discussion followed regarding this project. A motion was made by Council Member Renick~ seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1295. NEW BUSINESS Resolution No. 1296 · Mayor Turville read the resolution by title only. Finance Director Van Zile stated that this resolution amends the current substance abuse policy. He stated that these are technical changes as recommended by the City consultant and no changes to the types of testing have been ma'de. Mayor Turville asked if anyone else wished to speak on this issue. No one spoke. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 13 A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1296. Discussion Regarding Adoption of Policy Declining to Provide Utility Services Outside City Limits Council Member Renick referenced City Attorney Guthrie's memo and stated she had been looking for temporary stoppage to requests until the City can meet with Lake County to seek joint planning. City Attorney Guthrie explained that a resolution would provide direction to Staff regarding interim or temporary stoppage of requests. Mayor Turville stated that there are some parcels located in the area of Hook Street and U.S. 27 that should become a part of the City because that would be the reasonable way to expand rather than approving projects at the County line. He spoke regarding the City's Consumptive Use Permit and the 2012 retroactive level. He stated it would be unfair to declare that the City will not consider any requests because some properties should be able to come in. Council Member Renick then stated that the City Council could direct Staff to discourage requests until the meeting with Lake County and direct Staff to inform Lake County of this status as well. Council Member Mullins stated that the City needs to pressure Lake County but not penalize local landowners at the same time. Council Member Renick stated perhaps the City Council could decide a certain area not to be considered. Council Member Mullins stated the City Council is doing that by denying certain requests. Council Member Caputo expressed his concern that stopping the requests could have the affect of Lake County continuing approvals without Clermont in the loop, as referenced in City Attorney Guthrie's memo. City Manager Saunders stated that the City Council can draw a line for service as was done in 1987. He stated that this line on the map should include the expansion area and a timeline. He then stated that this map could be used for Joint Planning purposes with Lake County and suggested that this be discussed further at the December 19, 2002 workshop. Mayor Turville stated his concern that Lake County might not adopt as compact a service area as the City would wish to serve. He stated that he wished to look at capacities, obligations and uncommitted water at the workshop meeting prior to further discussion. City Manager Saunders stated that the St. Johns River Water Management District allows the ability to modify permits to serve outside the boundaries ora declared service area. City Attorney Guthrie indicated that the tempo is pieking up in the Lake Utilities case and gave a brief summary of the current status. Mayor Turville asked that current data and information be supplied at the upcoming workshop. City of Clermont. MINUTES REGULAR COUNCIL MEETING November 26, 2002 Page 14 Council Member Renick asked if discussion of the rationing of building permits could be placed on the agenda for that workshop as well. Council Membe~ Ash stated her concern that growth wo~Id continue at the Lake County level at the City borders if this occurred. Council Member Renick stated her wish to discuss rationing of approved permits as well as unapproved. City Manager Saunders stated that builders will go just outside our borders and build all around us if not allowed to come into City. He stated that the utilities for that growth would go to a private utility provider and that Clermont needs to work with Lake County. He stated that he has asked for prospective dates in January for the meeting with the Lake County Commission. Mayor Turville stated that the City Council had reached the end of the meeting agenda and asked if anyone wished to speak on any other issue. Bob Beasley suggested that the City adopt an ordinance providing that they could cut off water supply to those outside the City limits if supply becomes limited. There being no further business, the meeting adjourned at 12:30 p.m. Attest: Hal Turville, Mayor