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01-08-2002 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 8, 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, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, City Engineer Richardson and Deputy City Clerk Studdard. INVOCATION Thc 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 Caputo, seconded by Council Member Mullins, and carried unanimously to approve the minutes qf the Regular Council Meetings held November 27, 2001 and December 11, 2001. REPORTS City Manager Saunders' Report City Manager Saunders scheduled a workshop meeting with the City Council for Thursday, January 17, 2002 at 6:00 p.m. at the Police Department and scheduled a City Council Retreat for Friday, February 8, 2002 beginning at 9:00 a.m. to be held at the Highlander Hut. Council Member Caputo's Report Council Member Caputo distributed a brochure from N.J. Sellers & Company, a Strategic Business Planner, to the City Council. He stated that he and City Manager Saunders had met with Neil Sellers and that he hopes to discuss the possibility of Mr. Sellers meeting the City Council in the near future. Council Member Renick's Report Council Member Renick stated that there is a group still working to preserve the Sugarloafproperty. She stated that Bob Rusatar is the leader of this group, which is comprised of numerous entities. She requested that this issue be placed on the agenda for the upcoming workshop meeting to discuss adoption of a resolution in support of this movement. She then asked Mr. Rusatar to give an update of the project. Bob Rusatar stated that the Lake County Board of County Commissioners passed a motion to take the first step in purchasing this property and has committed three million dollars toward this effort. Mr. Rusatar stated that he is visiting surrounding communities to raise funds to be used toward the purchase of the property. He then stated that Lake County has scheduled a workshop meeting on February 12, 2002 from 8:00 a.m. to 3:00 p.m. at the Highlander Hut in Clermont to discuss this issue. Discussion followed regarding the proposed project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2002 Page 2 Council Member Renick then stated that she had spoken at a County meeting regarding the Ladd/Lakeshore Drive project. Mayor Turville's Report Mayor Turville stated that there had been information in the Lake Sentinel regarding Center Lake and asked City Manager Saunders for an update on that project. City Manager Saunders stated that James Hollingshead of St. Johns River Water Management District had called and offered to help expedite the permit process, but that the City will probably still be required to dewater by other means than surface pumping. He stated that there were funds available in the budget for a pump that was originally planned to help control flooding. He stated that if St. Johns requires the City to dewater using the method they have prescribed, then he would propose to install the permanent pumping structure, which can be used now to &water and would be there later after the muck removal is complete to help control future flooding. City Manager Saunders stated that City Engineer Richardson has met with individuals and discussed different ways to possibly save money on the project. He stated that she could attend next week's workshop meeting to discuss them with the City Council. Mayor Turville asked City Manager Saunders for an update of the arsenic testing at Palatlakaha Park. City Manager Saunders stated that testing had been done in December of 2001 in several spots of the play area. He stated that all areas tested below the detectable level except one, which tested barely above detectable level. He stated that Palatlakaha Play Area would be tested approximately every six months. Discussion followed regarding the history of this project. NO OTHER REPORTS CONSENT AGENDA Item 1 - Interlocal Agreement Approval of Amendment to Agreement with Lake County regarding Parks & Recreation Capital Improvement Grant Item 2 - Park Impact Fee Agreement Approval of Agreement with Lost Lake Reserve Related to Park Impact Fees Item 3 - Waiver of Concession Fees Approval of Waiver of Concession Fees for Clermont Girls Softball at Hancock Recreation Area for a 5-year period beginning Fall 2001 Item 4 - Pre-Qualification Review Committee Selection of Committee to Review General Contractors in Pre-Qualification Process for New City Hall project CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2002 Page 3 Item 5 - Bid Award Construction of Well No. 4 located at E. Highway 50 elevated tank site City Manager Saunders requested that Item #2 be pulled in order for a change to be made. Council Member Caputo requested that Item g4 be pulled for discussion. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items #1, #3 and #5 of the Consent Agenda. Item No. 2 - Park Impact Fee Agreement City Manager Saunders stated that this agreement will allow Phase I of Lost Lake Reserve to begin without paying Impact fees that would be refunded after the dedication of the park. He stated that the agreement requires Lost Lake Reserve to provide a Letter of Credit for the amount of the Impact Fees to the City in place of paying actual Impact Fees until such time as the park is dedicated. City Manager Saunders requested that the first sentence of Section two on page two be deleted. Council Member Caputo asked if the parking for the development will meet current code requirements. City Manager Saunders stated that it exceeds code requirements. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Item #2 of the Consent Agenda. Item No 4 - Pre-Qualification Review Committee Council Member Caputo asked, in the Pre-Qualification for General Contractors document, on page 4, g9 and again on page 11, #13, if the word 'charged' could be added as well as 'convicted'. City Attorney Guthrie stated that he would need to research and advise the City Manager of his findings. Council Member Caputo then asked if, on page 11, #12, the word 'private' should be added as well as 'public'. City Manager Saunders stated that Section D of the document could be utilized to gather more detailed information. City Attorney Guthrie stated he would discuss this further with City Manager Saunders. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimousl¥ to approve Item g4 of the Consent Agenda with the provision that Ci~ Attorne~ Guthrie will make changes where advisable. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2002 Page 4 UNFINISHED BUSINESS Ordinance No. 313-C - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders stated that Planning Director Brown has recommended that this ordinance should be tabled until the City Council had had sufficient time to discuss the changes to be made with Staff. A motion was made by Council Member Mullins, seconded bY Council Member Renick, and carried unanimously to table Ordinance No. 313-C. Ordinance No. 318-C - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders stated that the adoption of this ordinance will give the Animal Control Officer more power and direction, and that it had been tabled at the last meeting in order to re-advertise due to adjustments being made. Mayor Turville opened the public hearing at this time. Elaine Tharpe, 2322 Twicldngham Court, spoke regarding this ordinance being tabled at the last meeting, the issue of how many animals should be allowed in the ordinance and the responsibility of pet owners. She also spoke regarding cases that have been heard by the Code Enforcement Board regarding Animal Control. Council Member Mullins stated that he supports the ordinance and would prefer that pet owners apply for a Conditional Use Permit to allow a higher number of animals; and recommended that anyone who is sheltering animals for the South Lake Animal League should be granted a Conditional Use Permit with a minimal amount of hassle. Mayor Turville stated that he did not feel that the ordinance should have been re-advertised for a more liberal allowance regarding the number of animals. He then stated that if the number of animals is changed back to three it would require re-advertisement of the more stringent rule. He further stated that the frae structure is more severe now for the number of animals allowed and recommended adoption of the ordinance with the allowance of five animals with the understanding that it can be amended later if needed. A motion was made by Council Member Mullins, seconded bY Council Member Caputo, and carried unanimously to adopt Ordinance No. 318-C. Resolution No. 1236 Mayor Turville read the resolution. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2002 Page 5 Elaine Tharpe, 2322 Twickingham Court spoke regarding the new fees. Ann Dupee, 389 Division Street, spoke regarding the process set forth in the new ordinance for penalties for violations. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to adopt Resolution No. 1236. Mayor Turville asked if anyone wished to speak on any other issues. Dick Tegen, 2292 Twickingham Court, asked if the City plans to refurbish the water tower at Hancock Recreation Area. City Manager Saunders stated that a City crew was sent out last August to refurbish the tower and discovered a nest with baby owls, and decided to allow time for the owls to relocate. He stated that the crew will return soon to begin the project and will relocate the owls if necessary. Mr. Tegen then stated that the tennis court lights at the Recreation Area are blinding to drivers headed south on Hancock Road. City Manager Saunders stated that there is an attachment that has been ordered to take care of the problem. Mr. Tegen asked the City COuncil to either explain why the commercial center at Kings Ridge (Publix shopping center) is not being charged for reuse irrigation or to apply an equitable and fair reuse water fee to those users as soon as possible. Elaine Tharpe, 2322 Twickingham Court, spoke regarding the community's positive attitude toward the coming of Home Depot and Target, as well as the concern voiced by residents regarding Center Lake. Ann Dupee, 389 Division Street, requested the City Council send a letter to the Postal Service in support of a new Post Office. She appealed to the public to send letters as well. Mayor Turville directed City Manager Saunders to send that letter. City Manager Saunders thanked Rob Ahrens of Lennar for providing 34 oak trees for Hancock Recreation Area landscaping just before Christmas. There being no further business, the meeting was adjourned at 8:15 p.m. Attest: