Loading...
03-12-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, March 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 Mullins, Renick, Caputo, and Dupee. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Planning & Zoning Clerk McAllister. INVOCATION The Invocation was offered by Council Member Mullins, followed by the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick stated corrections should be made to page 2 and page 8. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to approve the minutes o_f the Regular Council Meeting held February 26, 2002, as amended. REPORTS City Manager Saunders' Report City Manager Saunders reminded the Council that there is a Workshop scheduled for March 14, 2002 at 6:00 p.m. at the Police Station. He then stated he would like to schedule an additional workshop for April 4, 2002 with D.O.T. in reference to long range plans for the Highway 50 and Highway 27 intersection. Mr. Saunders went on to say that D.O.T. and their engineers would like to show the City Council what they are working on. The date was set on April 4, 2002 at 6:00 p.m. at the Police Station. Council Member Caputo's Report Council Member Caputo reported that the permit for a traffic signal at the intersection of Hartwood Marsh Road and Highway 27 was approved on March 4, 2002, and that the setting of the poles will begin on March 13, 2002. He further stated the light will be on flash mode for one week and then will become a fully functioning traffic signal. Council Member Caputo announced that Fire Chief Carle Bishop has been elected a Director for the Central Florida Firefighters Association. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 2 Council Member Dupee's Report Council Member Dupee invited all present to the Chamber Breakfast to be held at 7:25 a.m. on Friday March 15, 2002. The program is Loft Byrnes, a teacher at Cypress Ridge Elementary School and national award winner on her School To Work Program. Council Member Renick's Report Requested City Manager Wayne Saunders to let the Council know of any planned development projects that border the city limits. Mayor Turville's Report Mayor Turville announced that the members of the City Council have attended multiple water summits, one in Orange County, one in Clermont. He stated that the turnout at both meetings was good. Mayor Turville stated that he attended a meeting recently with the County Manager and the Assistant County Manager involving joint planning efforts. No other reports. CONSENT AGENDA Mayor Turville read the item on the Consent Agenda and asked if anyone wished any item to be pulled for discussion. Item 1 - Triathlon Event Schedule Approval of the 2002 schedule. A motion was made bp Council Member Mullins, seconded by Council Member Renick, and Carried unanimousl~ to approve Item #1 o_f the Consent Agenda.. Council Member Caputo had a question as to the possibility of a conflict of the tdathlon with the Streetscape project. City Manager Sam'..ders assured him that Mr. Sommer was aware and would make other arrangements for the races on the dates of conflict. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 3 UNFINISHED BUSINESS Streetscape Bid Approval City Manager Wayne Saunders handed out a comparison sheet of the three base bids that were resubmitted as a result of the revised plans as well as a comparison of the bids for additional work that could be done as alternates. Mr. Saunders stated that the consultant to the City, Hartman and Associates, pointed out where the lowest bidder, Hunter Nelson, failed to meet the bid qualifications on four items as outlined on the handout material. Hartman and Associates recommended the low bidder be disqualified because of those four critical items. City Manager Saunders stated that City Attomey Robert Guthrie is in agreement that Hunter Nelson should be disqualified. City Manager Saunders recommended that Gomez Construction be awarded the base bid in the amount of $894,000.00. Mr. Saunders went on to say that the project has evolved into much more than originally anticipated. He said there is $715,000.00 in the budget for the project. In order to do the base project we will need an additional $179,000.00. He explained there is infrastructure tax money that has not been appropriated that can be appropriated. He pointed out that the tax was renewed and that there was over $700,000.00 in reserves that could be used to move ahead with the project. City Manager Saunders stated that the City Council should consider doing Alternate 2 at the same time as the base plan since this is a section of 7th Street that will be adjacent to the new City Hall project. He explained that if this portion was not done now there would have to be changes made with the contractor for City Hall which would be more expensive in the end. He stated that Alternate 1 could also be considered or it would not be done until probably the summer of 2003, with an additional grant. Mr. Saunders stated that if the entire project was done now we would need an additional $461,000.00 fi.om the infi.astmcture fund and that would still leave approximately $250,000.00 of un-appropriated reserves in that fund. Council Member Dupee stated the project should be completely finished now so the merchants would not have to endure the inconvenience of having the streets torn up at different times. A motion was made by Council Member Dupee to accept the base bid including alternates one and two_from Gomez Construction, seconded by Council Member Mullins, and carried unanimously, and to appropriate the additional funding from the Infrastructure Reserves. VISITORS WITH BUSINESS Variance Request - The Atlantic Hotel Group Planning Director Barry Brown stated that the applicant is requesting a variance to be relieved. fi.om providing the required landscape buffer along a retaining wall on Legends Way. City of Clermont MINUTES REGULAR COUNCIL. MEETING MARCH 12, 2002 Page 4 While the retaining wall will not be landscaped, the parking lot that sits at the same level as the top of the retaining wall will be landscaped to buffer the parking lot from public view. Mayor Turville asked what the height of the wall will be if you are standing on the sidewalk. Rick Mc Coy, Engineer, 713 W. Montrose Street, Clermont, FL was sworn in and stated that the height varied due to the elevation of the property. Mary Brasher, P.O. Box 932, Clermont, FL was sworn in and asked where the hotel was going to be located. Barry Brown showed Ms. Brasher on the map where the hotel would be located. She had no further questions. Sandi Adams, 17907 Whisper Wind Dr, Clermont, FL. was sworn in and stated she was representing the Atlantic Hotel Group and would be happy to answer any questions. Mayor Turville asked if there were any more questions from the public. There were none. Council Member Caputo stated he received a copy of a letter from Sandi Adams to the City Manager and spoke to Ms. Adams on the phone neither pertaining to the issue before the Council. A motion was made by Council Member Dupee to grant the requested variance, seconded by Council Member Mullins, and carried unanimously. Variance Request - Jimmy Crawford/Dan Hessburg Planning Director Barry Brown introduced the variance by stating that the applicants are asking to be allowed to create a residential lot without road frontage. Mr. Brown also stated the applicant is requesting permission from the Council to construct a private driveway over City right-of-way. The right-of-way in question is a portion of unimproved 11th Street. Attorney Ted Weeks stated he was standing in for Attomey Jimmy Crawford who represents Dan Hessburg. He stated he had no presentation for the Council but would answer questions. Bill Straugh, 1699 Rosewood St., Clermont, FL was sworn in and stated that he objects to the variance and does not want a residential lot squeezed in behind his house. George Smith, 1055 W. Minnehaha Ave. Clermont, FL was sworn in and asked if residents on the proposed lot would have access to the canal and how many homes were going to be built on the lot. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 5 Barry Brown stated that only one residence would be built on the lot and there would be no access to the canal. Mr. Smith asked how the property south of the lot in question would be accessed. Barry Brown replied that access to those lots is fi.om Lakeshore Drive on to Harbor Lane, which is a cul-de-sac. Don Gallop, 3526 Westerham Dr, Kings Ridge, Clermont, FL was sworn in and asked if the roadway would be built on that portion of 11t~ Street. City Manager Saunders explained that there were no plans to construct a roadway on that right- of-way and that the applicants are requesting to build a driveway there, but that the fight-of-way would remain the property of the City. He added that if the lot owner wanted to do so he could pay to have that portion of 11th Street constructed to city road standards. Anna Condatore, 10911 Lakeshore Drive, Clermont, FL was sworn in and stated that she doesn't see the reason to force another house in the area by using a lot that is not a legal residential lot. She also stated that she would not like to see big oak trees destroyed in order to put in a driveway and the additional houses, however, she stated she would rather see a driveway than a full size street one that portion of 1 lth Street. City Manager Saunders stated that there would be no protected or preferred trees taken down to build the driveway. He also stated that the lots that are going to be built on, including the one in this variance are larger than minimum requirements set forth in the code. Leo Knoblett, 1059 W Minnehaha Ave., Clermont, FL was sworn in and stated that his property is next to the 11th Street right-of-way and that he does not wish to see a house build on the lot in question. He also said that if this portion of 11th Street was abandoned by the city he would get half of the roadway and so would the owner of the property on the west side of 11th who also owns the lot in question. Then, the lot would have road frontage on Minnehaha Ave. Mayor Turville said that by putting in a driveway the applicant would not have to address the storm water issue. He also stated that he is not in favor of allowing a private driveway over a City right-of-way. Council Member Dupee stated that she recalled that when the southern portion of 11th Street was abandoned the section in question was left open because there were buildable lots on both sides. of the street. Council Member Caputo asked if there were any current lots approved without road frontage. City Manger Saunders stated that none of the homes on Fran Mar Court have road fi.ontage and that it is a private drive. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 6 Council Member Caputo asked if any of those drives were on City right-of-way. City Manager Saunders replied that they were not. Council Member Mullins stated that if the lot is larger than required by the City for the zoning it is in then why couldn't the owner build on it and provide a driveway with water retention. He further stated that it was not the owner's fault that the City did not build the street. Mayor Turville asked what type of material the driveway would be constructed of. Attorney Weeks replied that it would be concrete or asphalt, he assured the Council it would not be gravel or dirt. Council Member Mullins asked who would maintain that part of the right of way that is not paved. City Manager Saunders stated there could be a stipulation that the owner would be required to maintain the portion of right-of-way that is not paved. There was discussion of where utilities would be placed and where water retention would be located as well as if a lift station would be required and if so where it might be placed. Attorney Weeks representing the applicant, asked if the matter could be tabled until the property owner could be present. A motion was made by Council Member Renick to table the request until April 9, 2002, seconded by Council Member Mullins, and carried unanimously. Variance - Colonial Homes Planning Director Barry Brown introduced this variance by stating that the applicant is asking to be allowed to have a rear yard setback of 3.4 feet rather than the 5 feet required by code. The home was originally constructed as a model home and the builder is no longer doing construction in Kings Ridge. In the process of preparing the home for sale, it was discovered that the existing home does not meet the rear setback requirements of Kings Ridge. The screen porch with spa is set back 3.4 feet from the rear property line. The rear yard abuts the golf course and no neighbors are directly affected. Lennar Homes supports the request for the variance. Given that the home is already constructed, meeting code would involve the demolition of the porch and spa. Jim Purvis, 4206 Hammersmith, Clermont, FL., was sworn in and stated that he doesn't mind granting the variance, but that there should be some kind of penalty to the builder. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 7 Jerry Banks, Rouena Corp. Maitland, FL. representing the builder, was sworn in and stated that the intrusion into the setback was an error and not done intentionally. Mayor Turville asked if the proper building permits had been obtained. Barry Brown stated that the builder pulled a Zoning Clearance fi.om the City and that it clearly stated what the required setbacks were. The builder then takes the Zoning Clearance to Lake County for permitting. The County does the inspections. Mayor Turville said that the Council really has to grant the variance, but that he would like for there to be some action that can be taken against those who ignore the setbacks. City Manager Saunders stated that the City would address the problem with Lake County. There was discussion as to how the City could handle similar problems in the future but no resolution was reached. A motion was made by Council Member Caputo, to approve the request_for a variance, seconded bY Council Member Renick. Council Member Dupee asked if the City would be looking into doing its own inspections. City Manager Saunders said the City would like to do that in the future with our own inspectors or possibly with privately contracted inspectors. The vote was unanimous in_favor of approval qf the variance. Ordinance No. 440-M - Introduction Mayor Turville read the ordinance by title only. A motion was made bY Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 440-M. Mayor Turville opened the floor to the public. Elaine Tharp, 2333 Twickingham, Clermont, FL pointed out that there were 610 acres of land in the county that abuts the City and is changing land use, and that the City of Clermont has no say in what is happening. She questioned where the Joint Planning Area was and stated that we have no control over what is going on at our borders. Mayor Turville said that what typically happens is that developers get the land use change in the county and then come to the City of Clermont and ask for services or annexation. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 12, 2002 Page 8 Council Member Renick suggested that if Mrs. Tharp wished to do something about this situation she could attend a County Commission meeting and encourage as many people as possible to attend as well. Mrs. Tharp said there was a Commission meeting on Tuesday, March 19, 2002 at 9:00 a.m. and that she intended to be there. Jim Purvis, 4206 Hammersmith, Clermont, FL. said that developers seem to come to the City of Clermont after the fact and ask for water and sewer service. He suggested that the City Council turn down these requests and thereby discourage developers from getting their land use designations from the County and then coming to the City for services. Mary Brasher, P.O. Box 932, Clermont, FL. asked when CR 561 south of the city is going to be repaired. City Manager Saunders stated that he has been in touch with the County regarding this problem and was informed that the County has many roads in need of repair and they will get to it when they can. Joann Ball, 11200 Crooked River Court, Clermont, FL said that she is representing a girls softball league. She stated they have requested field time on City fields many times and have not been successful in getting time. She requested to be added to the agenda for the next City Council meeting. Council Member Dupee commented that adding to the mix of what occurs when the County changes land use designations on land near the city limits, is the fact that another utility company is ready and willing to service the area. There being no further business, the meeting was adjourned at 9:15 p.m. 4q~-'aT~t[rv fi-1 e, ~vl ayo r Attest: