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07-23-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 23, 1985 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, July 23, 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 Huff, Council Member Henry, Council Member Cole and Mayor Pro Tem Tur- ville. Other City Officials present were City Manager Saunders, City Attorney Baird and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Cuqui Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Council Meeting held July 9, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT LIONS' CLUB BOATING SAFETY PROGRAM It was reported that the local Lions' Club, in conjunction with the Coast Guard, would be using the Eighth Street Pier, if there were no objections, for 2-3 hours on July 27th to present a Boating Safety Program. There were, no objections to this request. WEST BEACH PIER It was reported that the City might be able to obtain grant funds from the Department of Natural Resources to replace the West Beach Pier. The use of concrete vs. a wood pier is being studied and costs for both types of piers are being obtained. WORKSHOP The Council was reminded of the Budget Workshop on July 25, 1985 at 7:00 p.m. in the City Hall Conference Room. COUNCIL MEMBER TURVILLE'S REPORT Council Member Turville asked if anyone knew if the old Watson Grove Service property adjacent to the West Beach property was still for sale. He stated that the City might wish to purchase it for additional property at West Beach. Council Member Huff stated that the property had been sold to All American Aluminum. Council Member Turville then stated that he felt the site should be tested for chemical pollutants, particularly to see if there was any contamination of the West Beach area. The Council con- curred with the suggestion. City Manager Saunders stated that that he would proceed with this matter. VISITORS WITH BUSINESS BRENNIE AND LOIS CRAWFORD - VARIANCE REQUEST FOR 1198 MAGNOLIA STREET Mr. Crawford appeared before Council to explain his request for a variance to construct a screen room on an existing patio. The screen room would be added to the south wall and would have the same side e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 23, 1985 Page -3- question was an eyesore in its present state, and the proposed Lee project would make it an attractive addition to Clermont. After some further discussion, Council Member Huff ,declined to vote on the matter due to a conflict of interest. 85-l29A MOTION WAS MADE BY MAYOR POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT THE VARIANCE REQUESTS AS PRESENTED WITH COUNCIL MEMBERS HENRY AND TURVILLE VOTING NAY. THIS MOTION FAILED DUE TO THE TWO TO TWO TIE VOTE. COUNCIL MEMBER HUFF DECLINED TO VOTE DUE TO A CONFLICT OF INTEREST. Council Member Turville then asked Mr. Lee if a 12 foot rear yard setback would be acceptable. Mr. Lee stated that he really needed the 10 foot setback. Mr. Turville then stated that it might be more fair if the matter was tabled until such time that another site plan was presented to Council. Mr. Lee then stated that due to the time involved, he did not wish the matter to be tabled. 85-l30After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT A 40 FOOT FRONT YARD SETBACK, 12 FOOT REAR YARD SETBACK AND A 2 FOOT LANDSCAPE BUFFER VARIANCE FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEVENTH STREET AND HIGHWAY 50. COUNCIL MEMBER HUFF DECLINED TO VOTE DUE TO A CONFLICT OF INTEREST. COUNTYWIDE FIRE PROTECTION AGREEMENT It was explained that the County Fire Protection Department is trying to implement a countywide fire protection program. A map indicating the proposed area to be served by the Clermont Fire Department was displayed. City Manager Saunders explained that this area was pre- liminary and that no formal agreement would be signed with the County concerning the area at this time. First, definite boundaries must be established and secondly the County must provide each district with estimated revenues for the proposed areas to be served. After these are completed, a formal agreement will be considered. After looking over the proposed district, Council Member Turville stated that it appears that great thought went into funding the districts, not what is feasible for the City of Clermont to cover. It was pointed out that Clermont's district goes west to Timber Village, and it would be more feasible for this area to be served by Groveland. It was also pointed out that Cyprus Cove was included in the South Lake Fire District area and should be served by Clermont. City Manager Saunders stated that Fire Chief Smythe had recommended the following changes to the proposed area being served by the Clermont Fire Department: 1. Square the west boundary line by eliminating the proposed coverage in Sections 20 and 29. 2. Square the south boundary line by including Cypress Cove and Section 28 on the east side of the City, with the eastern boundary running north on Hancock Road. 85-l3lAfter some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO AMEND THE PROPOSED DISTRICT AS RECOMMENDED BY FIRE CHIEF SMYTHE TO INCLUDE AN AREA WHICH THE CITY CAN FEASIBLY COVER, AND ENTERING INTO NO FORMAL AGREEMENT WITH THE COUNTY AT THIS TIME. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 23, 1985 Page -2- yard setback as the existing home. Mr. Crawford stated that he had talked to his neighbors, Mrs. Gano and Mr. Miller, about the proposed construction, and there were no objections. It was pointed out that the home is already nonconforming in that the side yard is now only 18 feet when 25 feet is required. Mr. Crawford also stated that he was requesting an 8 foot variance to the required front yard setback. Mayor Pool asked for comments from those present in the audience, and no one spoke for or against the request. 85-l28After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUESTS FOR A 17 FOOT FRONT YARD, WHEREAS 25 FEET IS REQUIRED AND AN 18 FOOT SIDE YARD, WHEREAS 25 FEET IS REQUIRED FOR LOT 20, BLOCK 129, INDIAN HILLS SUBDIVISION. STEPHEN D. LEE - VARIANCE REQUEST FOR NORTHEAST CORNER OF SEVENTH STREET AND HIGHWAY 50 Mr. Stephen Lee appeared before Council to request the following setback variances: (1) 40 foot front yard setback, whereas 50 feet is required, (2) 10 foot rear yard setback, whereas 25 feet is required and (3) a 2 foot landscape buffer, whereas 5 feet is required. Mr. Lee explained that the total depth of the prop- erty is 80 feet and with the required setbacks, becomes an unbuild- able property allowing only a five foot building. Mr. Lee stated that he wished to build an office duplex on the property. It was pointed out that the adjacent property, owned by Bob Thompson, had received a 40 foot front yard setback variance and a 12 foot rear yard setback variance in order to construct an office building. Council Member Turville stated that the piece of property was a diffi- cult lot which needed a special building, and that if all of Mr. Lee's requests were honored, the City's Zoning Ordinance would have to be disregarded. Mr. Turville asked Mr. 'Lee if a 28 foot building, instead of the 30 foot buiding as requested would be adequate. Mr. Lee stated that he believed too much functional office space would be lost if the building was reduced in size. Mayor Pool called for comments from those present in the audience, and Mr. Robert Turley, whose property abuts the property in question, spoke. Mr. Turley stated that he would agree to the 12' rear yard variance, but not the 10' as requested. He stated that he believed the rear yard vari- ance for this property should be the same as for the Thompson property. It was also stated that his home was located 10' from the side lot line, and if the 10' variance was granted, it would be only 20' from the pro- posed office building. Mr. Lee was asked what would be at the rear of the building, and he stated that there would be a lawn, water retention area and a buffer strip there. Much discussion ensued concerning the 10' vs. the 121 rear yard setback and the use of a fence to block the Turley's view. Council Member Turville reiterated his position that the building should be designed for the small lot, not a standard building on the too small lot. Joe Washuta who was present in the audience stated that the Turley's home was zoned C-l, as was the property being discussed. The lot in e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 23, 1985 Page -4- CERTIFICATION OF TAXABLE VALUE City Manager Saunders explained that the County Property Appraiser's Office had submitted to the City its current taxable value of prop- erty. Last year's millage rate was set at 2.626 mills, and the current year's rolled back rate would be 2.429 mills. This rate would generate the same amount of revenue as the previous year, with actual 1985-1986 Ad Valorem proceeds increasing due to new construction which is not considered in the rolled back rate. It was also explained that a proposed millage rate must be set and a time and date for the first public hearing on this rate chosen. 85-l32After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PROPOSE A MILLAGE RAGE OF 2.429 MILLS WITH THE FIRST PUBLIC HEARING SET FOR SEPTEMBgR 3, 1985 AT 7:00 P.M. IN THE COUNCIL CHAMBERS. AGREEMENT FOR POLICE AND FIRE PROTECTION It was explained that due to changes in the Administrative Codes of the State Board of Education, it is now required that local School Boards enter into written agreements with the appropriate agencies for fire and police protection for each of its facilities. The agreement presented to Council by the Lake County School Board puts into writing what has been understood for many years. 85-l33After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE AGREEMENT WITH THE LAKE COUNTY SCHOOL BOARD FOR POLICE AND FIRE PROTECTION FOR CLERMONT ELEMENTARY, JUNIOR HIGH AND HIGH SCHOOLS. There being no further business, the meeting adjourned at 8:40 p.m. ~~- Attest: ~1~ ~. f},O/Y/di1 Jul M. Brandt, Deputy City Clerk