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12-11-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, December 11, 2001 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, Finance Director Van Zile and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Caputo, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick stated that the individual named on page two regarding the St. Johns River Water Management District's request for funds should be Linda Bumett, not Barbara Vergara. Mayor Turville stated that each separate topic brought up by Charlene Forth at the last meeting should be addressed in the minutes. Council Member Caputo stated that the address listed for Gail Ash on page six should reflect thc street name as Payton, not Pagan. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimousl_¥ to table the minutes qf the Regular Council Meeting hem November 27, 2001 until the meeting qf Januar~ 8, 2002. REPORTS City Manager Saunders' Report City Manager Saunders stated that, as directed by the City Council at the last City Council meeting, the Planning & Zoning Department had removed signs belonging to 21 builders or developers this past weekend. He then provided a report of the 104 signs that were removed. City Manager Saunders stated that the first violation notice would be sent to each name on the list instructing them to remove any other signs they may have in the City and to discontinue placing such signs on the rights of way. He stated that any second offense would result in a subpoena being issued to appear before the Code Enforcement Board, which could result in a $250 per day/per sign violation penalty. He then stated that the City would be working again this weekend taking pictures and removing signs in the hopes that this course of action will curb the sign problem in the City. City Manager Saunders then presented a copy of a letter from the St. Johns River Water Management District regarding funding that Council Member Renick had inquired about at the last City Council meeting. He stated that the request is for funding to support a paid media public awareness campaign for the year 2002 regarding water conservation. He stated that the request is for $9,600 from the City of Clermont and that the cities of Lady Lake and Mascotte had contributed $750 each to the campaign, with the Lake County Water Authority contributing $20,000. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 2 City Manager Saunders further stated that the City has already committed $5,000 in funding to the Florida Yards & Neighborhoods Program, which will hold its fn'st educational seminar on January 5, 2002 at Jenkins Auditorium, from 9:00 to 12:00. Mayor Turville stated that this issue could be discussed further at the upcoming workshop that City Manager Saunders is scheduling tonight. City Manager Saunders then tentatively scheduled a workshop meeting with the City Council for Monday, December 17, 2001 at 6:00 p.m. at the Police Department. He stated that the main purpose of the workshop is to update the City Council on the new City Hall plans. Council Member Caputo's Report Council Member Caputo stated that he had investigated complaints he had received regarding the odor from the east sewage plant and that the City Engineer is working on the problem at the lift station. Council Member Caputo then stated that the City can now cut back the berm at Danbury Mills Road and Hartwood Marsh Road so that traffic will have better visibility at that intersection. Council Member Mullins' Report Council Member Mullins stated that last week's First Friday was a success and that the parade held downtown on Saturday went very well. Council Member Mullins then stated that the Lake County League of Cities has been asked by the County Commissioners for names of citizens at large to serve on the Sales Tax Oversight Committee, which will be four year terms. Council Member Renick's Report Council Member Renick stated that the St. Johns River Water Management District met today and approved the request for a Consumptive Use Permit for the Cherry Lake golf course and community. She read the statement she made at that meeting in opposition to this request and stated that the Governing Board approved the permit by a vote of 5 to 2. Mayor Turville's Report Mayor Turville stated that he and City Manager Saunders had attended a meeting today of City and County representatives regarding the Joint Planning Area agreement. He stated that this is a continuing and ongoing effort. Mayor Turville then read a Proclamation designating November 2001 as National Epilepsy Awareness Month. NO OTI:IER REPORTS CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 3 UNFINISi~ED BUSINESS Ordinance No. 318-C - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders thanked Donna Howard, the City's Animal Control officer, for her efforts in researching and creating this new ordinance. He stated that this would update the City's code and make the job of the Animal Control officer much easier. City Attorney Guthrie stated that the words "Chapter Four" should be added under the section "Repeal of Existing Animal Control Ordinances", after "Article II". Mayor Turville stated that on page five, under Section 2.2, he preferred the number of animals allowed to be designated at six or to not be limited at all, rather than restricted to three. Animal Control Officer Howard stated that this ratio was amved at by considering that Lake County allows four animals for every five acres, and that she had allowed some leniency regarding this restriction. Council Member Mullins stated that perhaps Animal Control Staff could grant the allowance of more animals when requested rather than requiring a Conditional Use Permit. City Manager Saunders stated that this ordinance should establish the number of animals allowed and could be amended at a later dated if it presents a problem. Mayor Turville stated he would prefer to adopt at a higher number and amend to less at a later date if necessary. City Attorney Guthrie stated that a number should be designated at time of adoption of the ordinance. Mayor Turville suggested that the number of animals allowed be amended to five. Council Member Renick questioned if the schedule for fines was adequate. Animal Control Officer Howard stated that it is based on the County schedule. Mayor Turville opened the public hearing at this time. No one spoke. A motion was made by Council Member Renick and seconded by Council Member Mullins, to adopt Ordinance No. 318-C, as amended: City Attorney Guthrie stated that, as a precaution, the City Council should re-advertise this ordinance due to the change in number of animals allowed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 4 **Council Member Mullins rescinded his Second, Motion was Withdrawn by Council Member Renick. ** A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to table Ordinance No. 318-C to the meeting of January 8, 2002. VISITORS WITH BUSINESS Cooper Memorial Library Mayor Turville stated that the Library Board had discussed becoming a County library with the City Council at a recent workshop meeting. Vicky Cook of the Cooper Memorial Library Board gave a comparison between remaining a City Library versus becoming a County Library, and listed the advantages and disadvantages of each. She then requested approval from the City Council in working toward becoming a County Library. Ms. Cook stated that there is an existing agreement with the City that prohibits the Library from negotiating with the County without approval from the City. Thomas Swartwout, Treasurer of the Cooper Memorial Library Board, requested that the City Manager assist with the negotiations with the County. A motion was made bY Council Member Renick, seconded by Council Member Mullins, and carried unanimously to approve Cooper Memorial Library to negotiate with Lake County, with City Manager Saunders designated as representative for the CiN. Don M. Casto Organization - Variance Request #1 Planning Director Brown stated that this request is to provide 615 parking spaces rather than the 649 required by Code for Clermont Town Center (Home Depot) located at the comer of S.R. 50 and Oakley Seaver Drive. Mayor Turville stated that these two variance issues had been addressed at the last City Council meeting in discussion regarding the Home Depot Conditional Use Permit, but needed to be re-advertised due to not being properly addressed at the time of original application. Mayor Turville opened the public hearing at this time. John Garzia, 308 Cinnamon Bark Lane, Orlando, stated that the City should not allow storage in parking areas. Mayor Turville stated that the Conditional Use Permit addresses that issue by only allowing outside storage in one area in the rear of the store. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 5 Mayor Turville closed the public hearing at this time. Council Member Mullins stated this variance was necessary due to the addition of trees. A motion was made by Council Member Caputo, seconded bY Council Member Mullins, and carried by a vote of 3 to 1 to approve Variance Request #1, with Mayor Turville being the opposing vote. Don M. Casto Organization - Variance Request #2 Planning Director Brown stated that this variance request is to allow off-site signage not allowed by Code. Mayor Turville opened the public hearing at this time. No one spoke. Discussion followed regarding the location and size of the sign. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried by a vote of 3 to 1 to approve Variance Request #2, with Mayor Turville being the opposing vote. Marie's Cards & Gifts - Variance Request Planning Director Brown stated that the applicant is requesting to be relieved of providing a 5-foot landscape buffer as required by Code for the project to be located at the southeast comer of U.S. 27 and Hartwood Marsh Road; Lot #3 of the South Lake Center. He stated that Mr. Garzia is proposing to provide this buffer just outside of Lot #3 along the boundary of the shared retention area for the Center. Mayor Turville opened the public hearing at this time. No one spoke. Council Member Mullins questioned if a joint ownership agreement should be in place regarding the allowance of this buffer on the retention site. John Garzia, 308 Cinnamon Bark Lane, Orlando, owner and applicant, stated that the owner of record is Kevin Jacobs and that the current agreement provides covenants. City Attorney Guthrie stated that a cross access agreement should be provided addressing the allowance and maintenance of the landscape buffer on the retention area, with approval being contingent upon execution of this agreement. A motion was made bY Council Member Mullins, seconded by Council Member Renick, and carried unanimously to approve the Variance Request, contingent upon execution of the Cross Agreement to the satisfaction of Citv Attorne~ and Ci~ Manager. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 6 NEW BUSINESS Resolution No. 1236 City Manager Saunders stated that this resolution establishes fees associated with Animal Control and requested that the City Council table this to the next meeting since Ordinance No. 318-C had been tabled. A motion was made bY Council Member Mullins, seconded by Council Member Renick, and carried unanimous!¥ to table Resolution No. 1236 to the meeting of January 8, 2002. Group Medical Finance Director Van Zile explained that an increase will be necessary to the Group Medical Insurance rates this year due to unexpected claims resulting in a significant reduction to the City Reserves Fund. Mr. Van Zile stated that out of the options presented in the backup material the best choice would be option #4, which includes an increase in the deductible amount of the plan fi:om $100/$200 to $250/$500 and an increase in the employee/retiree contribution of 10%. He stated that the City would experience a contribution increase of 46% as a result. Discussion followed regarding the various choices. Mark Geyser, a police department employee, spoke to the City Council and Staffregarding the structure of the current benefits and about the proposed increase. Discussion followed regarding private versus self insurance costs and regarding the accumulation of reserves if no large claims occur. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to proceed with Option g4 of the Health Insurance Plan Choices. December 25, 2001 Council Meeting City Manager Saunders stated that the second meeting of December is traditionally cancelled and that the meeting will fall on Christmas Day this year. He recommended cancellation of that meeting. A motion was made by Council Member Caputo, seconded bp Council Member Renick, and carried unanimously to cancel the meeting of December 25, 2001. Mayor Turville asked if anyone wished to speak on any other issues. Elaine Tharpe, 2322 Twickingham Court, spoke regarding the new Animal Control ordinance. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 11, 2001 Page 7 Maggie Miller, 2721 Sunbury Street, spoke regarding traffic issues on Hancock Road as they relate to the Hills of Clermont subdivision. She asked the City to schedule a public meeting with the County regarding these problems. Discussion followed regarding ingress and egress location for the subdivision and future road development in the Mayor Turville stated that the City would request that the County conduct a traffic analysis and provide its recommendations at a workshop that interested citizens can attend. He then stated that the City can advise Ms. Miller of when this will take place. Ms. Miller provided her contact information for this purpose. Bill Sigenthaler, 872 W. Minneola Avenue, thanked the City for the excellent police coverage that was provided during the most recent First Friday event on behalf of the Clermont Downtown Partnership. There being no further business, the meeting was adjourned at 9:00 p.m. Attest: