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11-12-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 12, 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, Finance Director Van Zile and Deputy City Clerk Studdard. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES Council Member Caputo requested that his statement regarding the Tourist Development Council on page two of the October 22, 2002 minutes be amended to reflect that he was asked by John Moore and A1 Schlazer instead of being asked to serve along with them. He then stated that in the minutes of August 29, 2002, the request for additional dollars in the Police Department budget for speed control equipment was made by him, not Council Member Dupee. City Manager Saunders stated that the notes of that meeting would be checked and a correction made if needed. I A 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 October 22, 2002, as amended, the minutes of the Special Meeting heM August 26, 2002, and the minutes of Workshop Meetings held August 26, 2002, August 29, 2002, September 12, 2002, September 18, 2002 and October 17, 2002. REPORTS City Manager Saunders City Manager Saunders congratulated Finance Director Van Zile on the success of the elections and thanked him and Deputy City Clerk Studdard for their time and effort in accomplishing this goal. Mayor Turville added his thanks and asked how soon the City Council would see an ordinance bringing about the needed changes. City Manager Saunders stated this would be done as soon as possible. Council Member Dupee Council Member Dupee stated that this month's Chamber Breakfast will be held Friday with Greg Mihalic as the guest speaker and announced that the dedication of right of way for the portion of Oakley Seaver Drive between Citrus Tower Boulevard and Hancock Road has been signed by Maury L. Carter & Associates. City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 2 Council Member Caputo Council Member Caputo stated that he had attended the Advanced Institute for Elected Officials last weekend and spoke regarding the courses given in growth management. Council Member Caputo then stated that this resignation from the City's General Election Canvassing Board on November 5, 2002 was due to his own desire to resign and not because of any illegal or unethical action on his part. Council Member Mullins Council Member Mullins stated he had served as Chairperson of the City's General Election Canvassing Board for the November 5, 2002 election and thanked City Staff for their efforts and a job well done. He also thanked the City Animal Control Staff and parks and Recreation Staff for their efforts during the South Lake Animal League Dog Walk last weekend Council Member Renick Council Member Renick spoke regarding a recent conversation she had with Lake County Deputy Manager Welstead regarding Howey in the Hills' letter to Lake County requesting a Joint Planning Agreement. She asked Deputy City Clerk Studdard to provide copies of the letter to the City Council and City Manager. Mayor Turville asked City Manager Saunders the status of his effort to meet with Lake County on this same subject. City Manager Saunders stated he is meeting with Deputy County Manager Welstead in a couple of weeks and that scheduling of a joint City/County Workshop will be discussed after that. UNFINISFIED BUSINESS sK Consortium, Inc. - Request for Water & Sewer Service Planning Director Brown explained that the applicant is requesting water and sewer service to a proposed commercial project located at the comer of S.R. 455 and S.R. 50. He spoke regarding the projected water usage for the project. Jimmy Crawford, legal representative for the applicant, requested that the City Council minutes of October 22, 2002 be incorporated into the record in the interest of time and information and introduced Jack Heineman, Vice President of Construction for the Southeastern Division of Regency Center. Mr. Heineman spoke regarding the history of the project and its current status. He spoke regarding the lines being in place for service and explained that a delay in the Conditional Use Permit process with the City had resulted in the project being further along at the County level than anticipated. City of Clermont MINUTES REGULAR COUNCIL MEETING · November 12, 2002 Page 3 Mr. Crawford spoke regarding the approval granted by Lake County and stated that this project would use approximately one third of the planned water consumption for this area. Nancy Fullerton spoke regarding water consumption and growth. Frances Hartle asked why the fire hydrant in the area had been removed when road work was done. City Manager Saunders stated he could check with Lake County. Hope Lamb stated that this project is very close to the Orange County line and asked if a plan is in place for water and sewer service areas. Mayor Turville explained the service areas of the City and discussed the Land Use change for this project that was affected at Lake County in June 2001. Mr. Crawford explained that originally half of this property was zoned Agriculture and the other half was zoned Commercial, so the whole property was rezoned to CP/Planned Commercial. He stated that the current plan for this location is for a project with a higher water consumption rate, therefore this is a good plan for the site. Council Member Renick stated she had spoken with and received materials from the applicant. Council Member Caputo stated he had as well. Council Member Mullins stated that the question raised at the last meeting was will this project stop if Clermont does not provide service and it has been answered by Lake County that the project will develop either way. He further stated that the agreement to be entered into for water and sewer service requires the project to be developed by the City's Land Development Regulations. Discussion followed regarding the agreement. Council Member Caputo asked if signage for the project would be as allowed by City Land Development Regulations. Planning Director Brown stated it would. Council Member Renick stated that the project will go forward anyway and that supplying water out~ide the City limits does not affect the amount of water available to those inside the City limits. She stated that commercial is the best usage for this site since it will meet the City's guidelines and some water usage is planned for that area already. She stated she did not wish lo see a package plant installed there. Council Member Renick then asked City Attomey Guthrie about ways to control growth and limit or slow requests until the City has an opportunity to meet with Lake County, possibly in the form of a temporary moratorium. City Attorney Guthrie indicated that would be a policy decision and that he could provide answers at the next Council meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 4 Council Member Caputo spoke regarding the reporting requirements associated with the City's Consumptive Use Permit. Council Member Dupee 'stated her concern that the City's objection letter regarding Lake Utilities' application to the Public Service Commission to expand their service into the City's Chapter 180 service area cannot be substantiated if the City has two recent denials for service. She requested that the City Council review the Bond Issue and stated that the payoff is reliant upon growth. Council Member Renick stated that the basis of the Bond payoff is 8% with the current .growth rate at 12 to 15%. Mayor Turville stated that the question to him is not if the City is capable to serve but if it will allow and encourage Lake County to practice 'leap fi'og' development by approving these types of requests. He stated that the City's Consumptive Use Permit requires water consumption to revert back to the 2001 level in 2012 and added that the City should plan from its edges outward in order to be cautious. A motion was made by Council Member Mullins, seconded by Council Member Dupee, and carried by a vote of 4 to 1 to approve the request for water and sewer, with Mayor Turville being the opposing vote. Variance Requests - Jimmy D. Crawford Council Member Mullins abstained from voting on this issue due to the conflict of being a member of the Board of Directors of BankFirst. Planning Director Brown stated that this property is the old Quincy's restaurant site located at the northeast comer of S.R 50 and Grand Highway. He stated that the proposed site plan is an improvement and that the old shrubbery on the site would be replaced. Jimmy Crawford, the applicant, spoke regarding the design of the building and regarding the existing landscaping. Nancy Fullerton stated that more buffering and landscaping should be provided, not less. Mr. Crawford stated that this is redevelopment of an old site, not new construction and it should not be held to the same code. He stated that the property could be developed under the old plan but that with the variances this is a better one. Mayor Turville asked if the parking requirements would be met if the project were t° be landscaped by Code requirements. Mr. Crawford stated that they would not be and spoke regarding the history of the project. Mayor Turville asked how many parking spaces short it would be without the variances. Rick McCoy of McCoy & Associates, the project engineer, stated it would be approximately 10 to 15% short. He further stated that the width of the landscaping buffers were not necessarily the most important element, but the quantity of landscaping materials were. City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 5 Discussion followed regarding how to require that the same quantity of'materials to be u~ed in the required buffer be installed in the narrower one. City Attorney Guthrie stated that the City can hold the applicant to a required number of materials to be planted as a part of the variance approval. Jim Barnes, Chairman of BankFirst, spoke regarding the plans for the site and regarding the clock tower. Discussion followed regarding redevelopment and project requirements. A ~notion was made by Council Member Renick, seconded by Council Member Dupee, and carried bP a vote qf 3 to 1 to approve the requested variances, with MaYor Turville being the opposing vote and Council Member Mullins abstaining. A motion was made bP Council Member Renick, seconded by Council Member Caputo, and carried unanimously to require that the. same quanti_ty o_f materials as would be planted in the required landscape buffer be included in the narrower one approved as a part of the variances, with Council Member Mullins abstaining. ACCEPTANCE OF ELECTION RETURNS & DECLARATION OF RESULTS FOR COUNCIL MEMBER GROUP I & COUNCIL MEMBER GROUP III (MAYOR) City Manager Saunders read the results of the Primary and General Elections. /1 motion was made by Council Member Caputo, seconded b¥ Council Member Renick, and carried unanimousl_¥ to accept the Election Returns & declare the Election Results as stated. RECOGNITION OF OUTGOING COUNCIL MEMBER DUPEE Mayor Turville recognized Council Member Dupee for her outstanding effort over many years on behalf of the City. He stated that she has served as Council Member in Seats I, II & IV in 1983, fi.om 1986 to 1991, again fi.om 1995 to 1997 and f'mally in the year 2002. He spoke regarding her wonderful contributions regarding the South Lake Hospital campus, the National Training Center, Special Olympics and the UCF campus. He also spoke regarding her invaluable service to the City on projects such as moving the original Public Services barn, purchasing the property for Hancock Recreation Area, the Rails to Trails project and Palatlakaha Recreation Area. Mayor Turville then presented a plaque to outgoing Council Member Dupee and she received standing applause. Council Member Dupee spoke regarding serving this past year as Council Member and regarding the projects that have been accomplished. She asked that the City Council consider long range plans and think into the future. City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 6 ADMINISTATION OF OATH OF OFFICE FOR NEWLY ELECTED COUNCIL MEMBERS- GROUP I, GROUP IH (MAYOR) AND GROUP V Finance Director Van Zile then administered the oath to those newly elected officials taking office. Taking the oath for City Council were Gail Ash representing Group I, Hal Turville representing Group III (Mayor) and Elaine Renick representing Group V. Newly elected Council Member to Group I Gail Ash expressed her appreciation to those who supported her campaign. CONSENT AGENDA Item 1 -Contract Approval Item 2 -Lease Agreement Renewal Item 3 - Light Up Clermont Event Schedule Item 4 - Jerry Jones Property Item 5 - Final Plat Approval Item 6 - Final Plat Approval Audio Visual Equipment Renewal of Lease Agreement with Lake County for use of 882 DeSoto Street as Sheriff substation Approval of schedule of events for Light Up Clermont to be held December 6 & 7, 2002 Appoint Mediator & File Foreclosure Highlander Estates Clermont Home Depot Mayor Turville pulled Item 4 for discussion and asked if anyone wished to pull any of the other items. A motion was made bP Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve Items 1~ 3 and 5 and 6 o£the Consent Agenda. Item 4 - Jerry Jones Property - Appoint Mediator & File Foreclosure City Manager Saunders referred to a memo from City Attorney Guthrie and his recommendation in the memo to move ahead with appointing a mediator and filing foreclosure proceedings as approved by the City Council. He stated that he had spoken with Mr. Jones and requested that the City Council table this item for 60 days in order to allow him to meet with Mr. Jones, since there is a possibility of resolution. Council Member Mullins asked if the fines associated with the various liens would continue to accumulate during this 60 day extension period. City Manager Saunders indicated that this issue will come back to the City Council and that they could make a determination at that time. City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 7 Mr. Jones voiced his agreement with Mr. Saunders regarding the request for the 60 day time extension and spoke regarding the fines. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to table Item 4 of the Consent Agenda for 60 days. VISITORS WITH BUSINESS South Lake Hospital - Variance Request Planning Director Brown stated that the request is to allow grading plan approval prior to construction plan approval. He stated that this encompasses the running track and adjacent professional office area of the South Lake Hospital campus and that since the track area needs fill the applicants wish to use the fill from the adjacent office area, with none of the changes being more or less than what is allowed by Code. Discussion followed regarding this project. Rick McCoy of McCoy & Associates, project engineer, stated that the grading plan would not exceed City Code but that they are ready to move forward with the track project and would like to use fill fi'om the office area before its construction. City Manager Saunders spoke regarding this campus being an evolving project. Ronaldo Camargo asked if any fines are associated with violation of City Code. City Manager Saunders stated that the issue would be referred to the Code Enforcement Board if the variance is not granted. Discussion followed regarding the discovery of the need for this variance. Council Member Caputo asked if this grading plan would include both professional office sites. Mr. McCoy indicated it would include both. A motion was made by Council Member Caputo, seconded bp Council Member Mullins, and carried unanimously to approve the variance request. NEW BUSINESS Ordinance No. 460-M - Introduction Mayor Turville read the ordinance by title only. City Manager Saunders stated that the applicant has requested that this ordinance be postponed to the meeting of November 26, 2002. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to table Ordinance No. 460-M to the meeting of November 26, 2002 (time certain). City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 8 Ordinance No. 461-M - Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 461-M. Ordinance No. 464-M - Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by Council Member Caputo, seconded bY Council Member Mullins, and carried unanimously to introduce Ordinance No. 464-M. Ordinance No. 463-M- Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by council Member Mullins, seconded by Council Member Caputo, and carried unanimously to introduce Ordinance No. 463-M. Ordinance No. 465-M - Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to introduce Ordinance No. 465-M. Ordinance No. 321-C- Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 321-C. Ordinance No. 322-C - Introduction Mayor Turville read the ordinance by title only. ,4 motion was made by Council Member Mullins, seconded b_y Council Member Caputo, and carried unanimously to introduce Ordinance No. 322-C. '*0 City of Clermont MINUTES REGULAR COUNCIL MEETING November 12, 2002 Page 9 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. Ronaldo Camargo asked why the City election was not included as a part of Lake County's election process and complained about the confusion and long lines at the polls. Mayor Turville stated that due to election laws and programming requirements at Lake County Supervisor of Elections being changed the City had to conduct its own election, primarily because the City's Primary differed from the date of Lake County's Primary election. He stated that the City will adopt an ordinance as a result of this problem to ensure.that our dates match Lake County's and further stated that the amendments on the County ballot caused the long lines and as a result many people did not have time to vote. Bemie Gross asked if the McDonald's sign on U.S. 27 will be the same as the Kings Ridge sign. ' Planning Director Brown stated it would2 There being no further business, the meeting adjourned at 9:45 p.m. g'ph 1~. Van i~'fle,~ity Clerk ~ H~I Turville, ~a~,or