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HomeMy WebLinkAbout04-23-2002 Regular Meeting • City of Clermont II MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 23, 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, City Engineer Richardson and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Caputo, followed by an Honor Guard Flag Ceremony performed by Boy Scout Troop #83 from Edge Memorial United Methodist Church and the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Dupee stated that on pages four and five of the minutes of April 9, 2002, the parking spaces she was speaking of are located on East Avenue, not Minnehaha Avenue. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held February 12, 2002, the minutes of the October 22, November 19, And December 4, 2001 Workshop meetings, and the minutes of the April 9, 2002 Regular Council Meeting (as amended) . REPORTS City Manager Saunders' Report City Manager Saunders stated that the first in a series of free Florida Yards & Neighborhoods landscaping seminars sponsored by the City will be held on April 28, 2002 from 12:00 to 4:00 p.m. at Jenkins Auditorium. He stated that the purpose is to help promote the installation of more drought tolerant landscaping. He stated that anyone can attend by calling City Hall. City Manager Saunders then scheduled a workshop meeting with the City Council for Tuesday, April 30 at 6:00 p.m. at the Police Department Community Room. Council Member Caputo's Report Council Member Caputo stated that the newly installed traffic signal at the intersection of U.S. 27 and Hartwood Marsh Road is now fully functional. Council Member Dupee's Report Council Member Dupee stated that a video and written report from Lake Sumter Emergency Services would be in City Manager Saunders' offices for viewing. Council Member Dupee then stated that she had proposed a meeting of all members at a recent Florida League of Cities meeting to discuss current issues, including MyRegion.org and the 8 County Water Initiative put together by Orange County Chairman Rich Crotty, but that she did not receive a great response. • City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 2 She stated that Jacob Stewart of the Orlando Chamber of Commerce is tentatively scheduled to be the Guest Speaker at the June South Lake Chamber of Commerce Breakfast and that May 9 is the Business After Hours Event at Lord's Gym. She then stated that Dr. Dot Richardson will be the Speaker at the Lake Sumter Community College Athletic Depaiinient Sports Leadership Series, at 7:30 a.m. at the College on May 15. Council Member Dupee spoke regarding the S.R. 50/U.S. 27 interchange presentation held at Jenkins Auditorium last Friday and stated that she had spoken to Representative Randy Johnson, who chairs the House Transportation Committee, regarding the length of time (one year) before this project will begin. She stated that Mr. Johnson requested that the City meet with him on this subject. Council Member Dupee then spoke regarding the County Commission meeting she attended regarding the Ladd project and the South Lake Connector. Council Member Renick's Report Council Member Renick requested that City Manager Saunders call County Manager Neron to schedule a joint City /County workshop meeting. Council Member Renick stated that she had spoken to Mike Perry, Director of Lake County Water Authority, about the possibility of hiring a part time water code enforcement officer in Clermont. She stated that Mr. Perry offered the possibility of funding for this position. Council Member Renick then asked City Manager Saunders if the City has received a commitment from the St. Johns River Water Management District for funding of the Center Lake Muck Removal project? City Engineer Richardson stated that the St. Johns River Water Management District has committed to help fund the project but that no details have been provided to date. Mayor Turville's Report Mayor Turville stated that he wished to appoint new Committee members at this time. Mayor Turville appointed Perri Schad, Ben Brogdon, Marty Heinrich, Margaret Gaines, and Bruce and Cathy Brown to the Beatification Committee and Anthony Trivelli to the Parks & Recreation Committee. No Other Reports CONSENT AGENDA Item 1 — Waiver of Fees Request for waiver of parking fees at Waterfront Park during Annual Safe Kids Expo to be held on May 4, 2002, from 8:00 a.m. to 1:00 p.m. Item 2 — Chamber Publication Ad Approval of advertisement in South Lake Chamber of Commerce publication • City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 3 Item 3— Sewer Cleaning Contract Approval of renewal of contract with Azurix North America for annual sewer main cleaning Item 4 — 2002 Street Resurfacing Approval of streets to resurface Item 5 — Request for Payment Request from Starmer Ranaldi Planning & Architecture, Inc. for payment of additional services Item 6 — Memorandum of Understanding Agreement between Clermont Fire Department and Lake - Sumter Emergency Medical Services regarding extrication/rescue Item 7 — Ballfield Lighting Installation Approval of installation of lights for Hancock Recreation Area Softball fields #3 and #4 Item 8 — Engineering Services Approval of Engineering Services for: 1) Design of a Telemetry System for City's Water & Wastewater System 2) Conversion to Sodium Hypochlorite Feed Systems for Six Existing City Facilities 3) Survey Services for Two Proposed Well Sites Mayor Turville asked if anyone wished to pull any of the items for discussion. Jim Purvis requested that Item 7 be pulled from the Consent Agenda for discussion. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1 through 6 and 8 of the Consent Agenda. Mayor Turville stated that Item 7 will be discussed at this time. Item 7 — Ballfield Lighting Installation City Manager Saunders stated that the purchase of lighting for fields #3 and #4 at Hancock Recreation Area was approved last month and that this contract is for the installation of the lights. Jim Purvis, 4206 Hammersmith Drive, stated that the spillover lighting adversely affects night traffic moving south on Hancock Road and asked if this contractor is the same one that installed the current lighting at the Park. He spoke at length regarding this issue. City Manager Saunders stated it is the same contractor. Council Member Caputo stated that the lighting closest to Hancock Road does affect the traffic. • City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 4 City Manager Saunders stated that the City is aware of the unacceptable lighting in the basketball and tennis areas and plans to have the contractor adjust the spillover control during installation of this phase of lighting. Discussion followed regarding this issue. Mayor Turville suggested that the scope of work be amended to include the re- aiming of certain lighting to the City's satisfaction with no dollars assigned but that the price would be negotiated. A motion was made by Council Member Caputo, seconded by Council Member Dupee, and carried unanimously to approve the contract for installation o htin of fields #3 and #4 at Hancock Recreation Area with an amendment to the Scope of Services to include correction of existing lighting or relocation of poles if necessary, and to direct Staff to contact Musco Lighting regarding the spillover lighting problem. UNFINISHED BUSINESS Jimmy Crawford/Daniel Hessburg Variance Request Planning Director Brown stated that the applicant is requesting a variance to create a residential lot without road frontage on property located south of Minnehaha Avenue, just west of the unimproved Eleventh Street right of way. He stated that the applicant is seeking approval to construct a driveway over the City right of way to access the property, and that the Council's approval of this request would create the need for a variance for a residential lot without road frontage. He stated that the Eleventh Street right of way to the south of this property has been vacated. Mayor Turville opened the public hearing at this time. George Hovis, legal representative for applicant, spoke regarding the request and stated he was available to answer questions. Deputy City Clerk Studdard swore in the following: Jim Purvis, 4206 Hammersmith Drive, voiced concern that the City Council would be setting a precedent by approving this request and regarding emergency vehicle access to this location. William Straugh, 1699 Rosewood Drive, neighbor to the property, stated he did not wish to see four homes on that property and spoke regarding this request being for a flag lot. Mr. Hovis stated that the home can be built with the construction of the street and that the variance is for a driveway to avoid building the street. Daniel Hessburg, 1956 Brantley Circle, the applicant, presented a depiction of the homes planned for the property. Council Member Mullins asked if this lot would have an address. • City of Clermont III MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 5 Mr. Hovis stated that the house would have an address with or without the variance. Council Member Renick stated she was unsure if the road could be built due to the flood lines in the area. Mr. Hovis stated that the flood plain at the time this was platted was not near the area, therefore it would not be a factor regarding whether the road can be built or not. Mayor Turville stated that the City would be creating a flag lot with approval of this request. Planning Director Brown stated that he understood that it appears that way, but that he had approached this as a request to create a lot without road frontage. Mayor Turville stated that the installation of a gate on the private driveway would constitute a flag lot. City Attorney Guthrie stated that granting this variance to use a private drive on a public right of way is an unusual request in itself, and that it is also a version of requesting a flag lot. Discussion followed regarding flag lots and lot sizes. Council Member Mullins asked how wide a public street would be, if constructed. City Engineer Richardson stated that the street would consist of two ten -foot lanes with a 2 -foot curb on each side. Council Member Renick asked City Attorney Guthrie if the strip of right of way could be sold to the property owner from the City. City Attorney Guthrie stated that the City could vacate the right of way but that a better method would be to execute a license agreement, which is a permissive use agreement allowing the owner to access the right of way as a driveway. Council Member Dupee stated that the City must decide if it wants to preserve the greenery in that area or cut down the trees there. Discussion followed regarding the location of the trees on the right of way. Mr. Hessburg provided photographs of the trees in the area and explained the location of them in relation to the requested driveway. Mayor Turville discussed the location of the driveway to the other lots on the property with the applicant. Mr. Purvis spoke again regarding access to the property by emergency vehicles. Discussion followed regarding this issue. Mr. Straugh stated that City Code requires all corner lots to be 15% wider and asked if this lot complies, and stated that flag lots are prohibited. • City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 6 Planning Director Brown stated that the lots do meet width requirements per City Code. Council Member Mullins stated that the City Council's decision is between 34 feet of blacktop and concrete for a road that goes nowhere or a 20 foot piece of blacktop and some trees that would look more attractive to serve one house that will be built either way. Council Member Renick asked Mr. Hessburg why the driveway couldn't be installed, at least partially, on his property. Mr. Hessburg stated that, on lots 257 and 258, in order to move the house to accommodate a driveway he would have to remove trees, and that to install a driveway on the east side of his property trees would have to be removed as well. Council Member Mullins stated that the City Council should grant this variance to save trees and reduce blacktop. Mayor Turville stated that while he commends the applicant for saving trees, he believes that the City Council would be creating a flag lot by approving this variance and that he does not wish to place a private driveway on a City right of way due to the possibility of the City being liable for any damage to it. Council Member Dupee stated she does not support vacating the right of way as was mentioned earlier due to the possibility of the need for access later for water or wastewater maintenance reasons. Mr. Hovis stated that unless the City does vacate the road the driveway would not be a private road but a permissive use as allowed by a license agreement, and that the applicant is willing to sign agreement to be responsible for maintenance of the driveway as well. Mayor Turville closed the public hearing at this time. City Attorney Guthrie recommended that the City enter into a license agreement to allow driveway access on the right of way but require that the owner be responsible for maintenance of it, and require that Staff ensures that lines for water and wastewater not be under this drive for maintenance purposes. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried by a vote of three to two to approve the variance request, contingent upon execution of a License Agreement to allow driveway access on the right of way but also require that the owner be responsible for maintenance and any liability for damages of the driveway, and require that Staff ensures that lines for water and wastewater not be under this drive for maintenance purposes; with Mayor Turville and Council Member Caputo being opposed. Jimmy D. Crawford/Daniel Hessburg — Variance Request Planning Director Brown stated that the applicant is requesting a variance for a 10 -foot side yard setback where Code requires 35 feet for property located on Minnehaha Street and the unimproved Eleventh Street right of way. He stated that the home being constructed with all required setbacks would mean removal of a 24 inch diameter oak tree, and that if the home is moved to the east the tree can be saved. • City of Clermont MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 7 Mayor Turville opened the public hearing at this time. George Hovis, legal representative of the applicant, stated he was available to answer any questions. Deputy City Clerk swore in the following: Jim Purvis, 4206 Hammersmith Drive, stated that the City Council would be granting this variance to alleviate a problem created by the approval of the previous variance request. Mr. Hovis stated that the home can be built with out or without saving this tree, and that the variance request is only because of the tree. Planning Director Brown confirmed that the applicant is only trying to save the tree. City Manager Saunders stated that nothing in the previous variance request affects this variance request as suggested by Mr. Purvis. Council Member Mullins asked why the drawing shows the house to be 14 feet from the line. Daniel Hessburg, 1956 Brantley Circle, the applicant, stated that 14 feet was the number thought to be correct early in the variance request process but was changed later. Mayor Turville closed the public hearing at this time. A motion was made by Council Member Caputo, seconded by Council Member Renick, and carried unanimously to approve the variance request. Resolution No. 1246 — Clermont 8, Inc. Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to allow a retail furniture store in excess of 3,000 square feet in the Central Business District, located on Eighth Street just south of the intersection of Eighth and Montrose Streets. He pointed out Condition #9 of the Conditional Use Permit limiting loading and unloading at the store prior to 9:00 a.m. on weekdays and stated that the Planning & Zoning Commission had requested this addition after seeing that the back door area of the building is insufficient for this purpose, therefore all loading and unloading will have to take place at the front door of the business. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Alan Pool, 1069 West Lakeshore Drive, spoke as adjacent property owner and stated that trucks for the furniture store will not be able to park in the restaurant parking lot as was discussed earlier. He stated that he supports the request as presented by Planning Director Brown. • City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 8 Mayor Turville stated that the language of Condition #9 is too open and that customers should not be limited to picking up furniture purchased only before 9:00 a.m. Discussion followed regarding the language used in this condition. Council Member Dupee stated that restricting the merchant on one side of the street but not the one on the other side may not be fair and that the downtown merchants could work out delivery issues among themselves. After discussion, City Attorney Guthrie suggested that Condition #9 be changed to read, "If loading and unloading becomes a problem, the City reserves to right to re- address the Conditional Use Permit." A motion was made by Council Member Renick, seconded by Council Member Caputo„ and carried unanimously to adopt Resolution No. 1246, as amended. VISITORS WITH BUSINESS Resolution No. 1249 - South Lake Presbyterian Church Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting an amendment to their existing Conditional Use Permit to include additional properties and to allow the existing residential structure to be used as classroom space located at the corner of East Avenue, Chestnut Street and Linden Street. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Marilyn MacLauchlin, 1736 Sunset Drive, the applicant, stated she was available to answer any questions. Council Member Dupee asked the status of the sidewalk on Lot 8. Ms. MacLauchlin stated there is a home on that lot. Council Member Dupee suggested that the sidewalk at Lot 8 be taken care of along with the rest of this area. Mayor Turville closed the public hearing at this time. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1249. NEW BUSINESS Ordinance No. 444 -M — Introduction 0 City of Clermont • MINUTES REGULAR COUNCIL MEETING APRIL 23, 2002 Page 9 Mayor Turville read the ordinance by title only. A motion was made by Council Member Caputo, seconded by Council Member Renick, and carried unanimously to introduce Ordinance No. 444 -M. Mayor Turville asked is anyone wished to speak on any other issue. Don Ballard, 3526 Westerham Drive, spoke regarding water rates. There being no further business, the meeting was adjourned at 10:00 p.m. Hal Turville, Mayor st: 7 dil i J. !-ph E. Van Z,iCity Clerk