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10-08-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 8, 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, October 10, 1985 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Council Member Cole, Council Member Huff, and Mayor Pro Tem Turville. Council Member Henry was absent. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Reverend George Becker of Shepherd of the Hills Lutheran Church followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meetings held September 10 and 24, 1985, were approved as presented. REPORTS CITY MANAGER'S REPORT PARKS AND RECREATION BOARD It was reported that Parks and Recreation Board had held an Organizational Meeting on Wednesday, October 2, 1985. The three new members to the Board, Fred Sommer, Joyce Droege, and Cuqui Whitehead were present. The Board decided that a Clean Up Week in Clermont would be held in mid-November. Landscaping projects for the City were also discussed, with the areas by the entrance signs to the City receiving top priority. The possibility of developing a winter recreation program was.also discussed. WORKSHOP City Manager Saunders reminded the Council of the Workshop scheduled for Tuesday, October 15, 1985 at 7:30 p.m. in the City Hall Conference Room. The purpose of this meeting is to review and consider the rezoning of areas that do not conform to the adopted Land Use Map Section of the Compre- hensive Plan. SPECIAL MEETING The Council was also reminded of the Special Meeting to be held at 7:30 a.m. on Wednesday, October 9, 1985, to Canvass the Ballots from the Primary Election held on October 8, 1985. LEAGUE OF CITIES CONFERENCE City Manager Saunders reported that he would be attending the annual League of Cities Conference on Friday and Saturday, October 11 and 12, 1985. If no Council Member was going to attend the Conference, he would be willing to serve as the :5-170 City's voting delegate. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPOINT WAYNE SAUNDERS THE CITY'S VOTING MEMBER TO THE LEAGUE OF CITIES CONFERENCE. ... e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 8, 1985 Page -2- LAKE COUNT~.LEAGUE OF CITIES MEETING The Council was reminded of the local League of Cities Meeting to be held on Wednesday, October 16, 1985, at the City of Leesburg Sprayfield. TELEPHONE AREA CODE SERVICE AREA City Manager Saunders reported that the Lake County Commissioners have directed Commissioner Carson who is on the Board of Directors of United Telephone to actively seek the boundary change of the 904 area code with the Public Service Commission. Council Member Turville asked if the County Commissioners would initiate the process before the Public Service Commission, and City Manager Saunders stated that they would. Council Member Huff stated that the proposed boundary change would not affect the 911 emergency number. ' COUNCIL MEMBER COLE'S REPORT Council Member Cole stated that he had attended the Community Action Program. It was reported that some budget cuts had forced one individual to be laid off, but otherwise the pro- gram was strong and viable for another year. VISITORS WITH BUSINESS ROLLAND E. BECKER, RESOLUTION NO. 511, REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A FUNERAL HOME IN THE C-2 CENTRAL BUSINESS DISTRICT AT 806 WEST MINNEOLA AVENUE Mr. Rolland E. Becker, owner of the proposed funeral home, appeared before Council to request that he be allowed to convert the building at 806 West Minneola Avenue into a funeral home. City Manager Saunders reported that this property was purchased for a funeral home prior to the adoption of the Zoning Ordinance now in effect. Under the old ordinance a funeral home was a permitted use in the C2-CBD zone. The property in question is the old Postal Colony building located at the corner of Eighth Street and Minneola Avenue. The Planning and Zoning Commission at their meeting held Tuesday, October 1, 1985, unanimously recommended approval of the request. It was recommended that condition five of the permit be amended to read as follows: "No other business operation, including an incinerator for cremation, may be conducted from this facility". 85-171 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 511, AS AMENDED, GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A FUNERAL HOME IN THE C-2 CENTRAL BUSINESS DISTRICT. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, COLE AND TURVILLE, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. JEAN A. EDWARDS - REQUEST FOR A VARIANCE IN SIDE YARD SETBACK FROM 12 FEET TO 4 FEET, LOCATED AT 624 PRINCE EDWARD AVENUE Before any discussion or comments, Council Member Turville e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 8, 1985 Page -3- stated that he would abstain from voting on this matter. due to the fact that his mother owns property across the street from the property in question. Mrs. Edwards stated that she wished to build the pool in the side yard because the lot is not large enough for a pool. She further stated that it could not be put in the rear yard because of the overhead power lines. City Manager Saunders explained that the Edwards I property is located on a corner lot. Since the rear yard abuts another rear yard, a 12 foot side yard is required on Minneola Avenue, whereas 25 feet is normally required from the street right-of-way. Mrs. Edwards' property line is approximately 18 feet from the pavement so the pool, if permitted, will actually be 22 feet from the edge of the road, but only 4 feet from the right-of-way. It was further explained that the previous zoning ordinance did not allow a pool to be located in a.side yard. The newly adopted zoning ordinance allows a pool in a side yard, but no part of the pool or deck shall encroach in the required side yard setback. It was believed that the requested variance would set a poor pre- cedent, and it was recommended that the Council stay with the zoning ordinance requirement for side yards. Council Member Huff stated that he believed the four foot setback from the right-of-way would pose a definite hazard, particularly on the corner lot. Much discussion ensued concerning the placement of the pool in the side yard, including the fact that the pool could be relocated in the side yard and retain the required setback. Mrs. Edwards was advised that the power company could relocate the power lines if she wished to reconsider locating the pool in the rear yard. 85-172 After some further di~cussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR THE SIDE YARD VARIANCE FROM TWELVE FEET TO FOUR FEET. COUNCIL MEMBER TURVILLE ABSTAINED FROM VOTING DUE TO THE STATED CONFLICT OF INTEREST COGUN INDUSTRIES - SHEPHERD OF THE HILLS LUTHERAN CHURCH, REQUEST FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT REGARDING FUTURE PARKING NEEDS Mr. Richard Davenport, General Contractor for Cogun Industries, appeared before Council to request an amendement to the Conditional Use Permit granted to the Shephered of the Hills Lutheran Church on August 13, 1985. Mr. Davenport stated that he wished to have the second sentence in Condition #2 which states: liThe approved site plan must show proposed additional parking spaces should the initially provided parking become inadequate" deleted because it was not necessary to show proposed additional parking spaces on the plan, and the first sentence would protect the City should there be any future parking problems. He further stated that deletion of the sentence would give the Church a broader range of flexibility in solving any future parking problems and maintain the beautiful trees as they exist on the lot. It was pointed out that the Church had planned for any future parking problems by obtaining a cross parking agreement with First Florida Bank, the adjacent property owner. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 8, 1985 Page -4- Council Member Huff stated that he did not want the sentence removed because it may be needed at a future date because sooner or later the parking is going to have to be defined. Mayor Pool stated that he understood what Mr. Davenport was saying, and would agree that the first sentence of Item 2 seemed to cover the entire matter. The Mayor then asked the City Attorney if the second sentence was necessary if the first sentence was in place. City Attorney Baird stated that the first sentence became more enforceable judicially if the second sentence was included in the permit. Mr. Baird also pointed out that the letter from First Florida Bank was not a legally binding document and could pose a problem in the future, particularly if the bank property is sold. After much discussion, Council Member Turville asked Mr. Davenport what the real problem was with drawing the future parking spaces' on the site plan since they would not actually be provided at this time. Mr. Davenport stated that the problem was with the water retention area, in that it would have to be designed deeper and a cistern added now to accomodate the future parking. Reverend Becker stated that it would cost the Church an additional $10,000 to enlarge the drainage area for the proposed additional parking. This would have to be done immediately, even though the parking spaces would not be provided at this time. 85-173 Considering this fact, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AMEND THE THE CONDITIONAL USE PERMIT DATED AUGUST 13, 1985, BY DELETING THE SECOND SENTENCE OF CONDITION #2. FINAL READING OF ORDINANCE l75-M, REZONING THE SOUTH 130' OF LOTS 18 & 20, BLOCK 93, THE SOUTH 30' OF THE WEST 1/2 OF LOT 13, WEST 1/2 OF LOT 14, SOUTH 30' OF, LOT 15, AND LOT 16, BLOCK 93 FROM R-3 RESIDENTIAL/PROFESSIONAL TO C-l LIGHT COMMERCIAL Mr. Richard Black appeared before Council to request the rezoning of the property he owns at the corner of West and Minneola Avenues from R-3 Residential/Professional to C-l Light Commercial. Mr. Black's property consists of three buildings, one of which was the Clermont Shoe Repair. Mr. Black explained that he was making the request because he had a packaging business which was anxious to locate in the building formerly used as the shoe repair. The adjacent property owner, Margie Rowe Bedsole, is also requesting the same C-l zoning classification. Council Member Turville stated that the C-l classification would conform to the City's Future Land Use Map. The Planning and Zoning Commission at their meeting held on Septem- ber 4, 1985, unanimously recommended approval of the request. . Mayor Pool called for comments from those present in the audience, and no one spoke for or against the request. 85-174 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l75-M. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE AND HUFF, AYE~ AND MAYOR POOL, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. 11- '. .'. \. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 8, 1985 Page -5- COUNTY WIDE FIRE PROTECTION - AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT FOR CITY FIRE COVERAGE OF CERTAIN AREAS LOCATED OUTSIDE THE CITY LIMITS City Manager Saunders explained to the Council the area to be covered by the City of Clermont, and stated that the County had agreed to the City's changes, except that the area south of the Tampa Bridge will remain in the South Lake Fire .District. It was explained that the County will pay the City $13,500 for the initial year, and is also requiring that a Mutual Aid Agreement be executed by the City and County. The contractual period is for one year, but either party may terminate the agreement upon 60 days' notice. ' City Manager Saunders then read and explained some changes to the proposed Agreement which had been recommended by Fire Chief Smythe. These changes are as follows: (1) Third Paragraph - was changed to read "WHEREAS, the City of Clermont has a municipal fire department which is capable of providing limited service to areas outside of the City in the unincorporated portions of the County, and" (2) Fifth Paragraph - the word II limited II was inserted before the word fire. (3) Sixth Paragraph, Item 1, the effective date was changed to January 1, 1986, and the words all, emergency and resuscitator services were removed from the paragraph. (4) The following was added under Item 1: "Firefighting capabilities and services are limited to quantities of water carried on municipal type firefighting apparatus and independent water sources provided within a reasonable distance of- the fire scene. Tanker type apparatus, if required, shall be provided by the County, including housing, personnel, maintenance, salaries, insurance and any and all other items of expense connected with this phase of firefighting service" . (5) The following was added at the end of Item 3, Page 2: "with the exception of Item 1, Page 2". After some discussion concerning mutual aid and the areas covered 85-175 by the South Lake and Minneola Fire Districts, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER ,INTO THE AGREEMENT, AS AMENDED, WITH THE COUNTY FOR CITY COVERAGE OF CERTAIN AREAS LOCATED OUTSIDE THE CITY LIMITS, AND TO SIGN A MUTUAL AID AGREEMENT WITH THE COUNTY. ~ a Robert A. POOl.~ Attest: