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: