03-22-1988 Regular Meeting
e
e
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 22, 1988
The Regular Meeting of the City Council of the City of Clermont
was held Tuesday, March 22, 1988, 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: Mayor Pro Tem Turville,
Council Member Huff and Council Member Dupee. Council Member Cole
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 Nilsa Whitehead followed by the
repeating of the Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held March 8, 1988 were approved
as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
FUTURE PROPOSALS
It was reported that the bid advertisements for building the Jaycee
Beach seawall would be placed next week, and after more than two
years of permitting delays by the DER, the project would finally be
getting underway.
It was also mentioned that Mr. Charles Kuharske who had been leasing
the sprayfield site from the City would not be renewing the lease,
and the City would be placing advertisements for proposals for the
management and purchase of the 71 acre hay crop and the maintenance
of the citrus grove buffer.
COMPREHENSIVE WATER ANALYSIS
It was reported that two years ago, the Council had passed a motion
to have the City's water supply tested for more than 132 chemical
compounds. Results from the recent test indicated that the City's
water supply was completely safe in all areas. For those interested,
the test results may be reviewed at City Hall.
LAKE WINONA BRIDGE
City Manager Saunders stated that a strike at the company supplying the
culvert for the Lake Winona bridge project has delayed the starting of
this project. The culvert is scheduled for delivery on April 15, 1988.
COUNCIL MEMBER DUPEE'S REPORT
CABLEVISION INDUSTRIES
It was reported that another complaint had been received from a resi-
dent of Emerald Lakes concerning the rude treatment received from an
employee in the office of Cablevision Industries.
e
e
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 22, 1988
Page -2-
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
It was reported that Lake County had seven representatives at the
recent meeting to consider placing a moritorium on building along
the Wikiva River and that the final hearing would take place on
April 11th.
CRIMINAL JUSTICE COMPLEX
Mrs. Dupee stated that the Council might wish to consider passing a
resolution supporting the location of the criminal justice complex
at the US 27 and 19 site.
LAKE COUNTY LEAGUE OF CITIES
Mrs. Dupee stated that the League of Cities would be supporting a
Constitutional Amendment that you cannot mandate legislation for
cities without providing for funding of the programs being mandated.
VISITORS WITH BUSINESS
VIRGINIA L. DORTCH - REQUEST FOR A VARIANCE TO THE ZONING ORDINANCE
TO ALLOW A BEAUTY SALON AS A HOME OCCUPATION
Mrs. Dortch appeared before Council to request a variance to the
Zoning Ordinance to allow her to continue operating a beauty salon
in her home as a home occupation. Mrs. Dortch was issued a violation
notice for this illegal activity and appeared before the Code Enforce-
ment Board last month. The Code Enforcement Board deferred any action
on her case for sixty days, giving Mrs. Dortch time to either request
a variance or produce evidence that she was given permission at that
time to operate the beauty shop in her home located at 242 E. Highland
Avenue.
Mrs. Dortch explained to Council that when she purchased her property
five years ago, she was informed that she could have a beauty shop in
there. Otherwise, she would never have purchased the property.
Melina Dortch Padgett, Mrs. Dortch's daughter, spoke on her mother's
behalf stating that five years had gone by since her mother purchased
the property and began operating her business. During that time no
complaints had been received by the City concerning the business.
Mrs. Padgett further stated that her mother was the only operator and
could take just one customer at a time which was not causing a traffic
or parking problem in the area. It was pointed out that if the variance
was not granted, Mrs. Dortch would be forced to sell her home and would
lose her source of income.
Mayor Pool called for comments from those present in the audience.
Nilsa Whitehead stated that she operated a business from her home
but first checked at City Hall to see if the business could be
located there.
Mayor Pool then called for Council comments, and Council Member Huff
stated that an accounting firm was allowed in an R-3 area and would
generate far more traffic than Mrs. Dortch's beauty salon. Mr.
Huff further stated that he believed the variance request should be
granted.
"e
e'
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 22, 1988
Page -3-
Council Member Dupee stated that the business was operating before
Mr. Saunders became City Manager and asked why nothing was done earlier.
Mr. Saunders stated that at the time, City Inspector Harvey Nagel issued
a letter dated August 29, 1983, to Mrs. Dortch informing her that she
would not be able to operate a beauty shop in her home because it was in
a residential area and that this type of operation was not considered a
home occupation. Mr. Saunders further stated that he did not know why
Mrs. Dortch was allowed to continue operating the beauty salon from her
home, but to allow Mrs. Dortch to continue to operate the business would
set a bad precedent. However, Mrs. Dortch maintains that someone at City
Hall told her she could operate the shop in her home and that is why she
bought the property.
Council Member Turville expressed his concern that if the variance was
granted, beauty salons would be going into homes allover the City due
the economics and convenience of such an operation.
Mayor Pool stated that he believed that the City should try to help
only Mrs. Dortch because she had received misinformation from the
City.
City Manager Saunders further explained that Planning Director McAllister
and he were in the process of reviewing the entire Zoning Ordinance
and in the near future would be recommending to Council changes which
may include to allow Personal Services, such as Mrs. Dortch's beauty
salon, to operate as a Conditional Use in an R-3 area along with pro-
fessional offices. It was pointed out that even if the change was made
to the Zoning Ordinance, Mrs. Dortch would not be able to operate as
she is presently. A Professional Office or Personal Service establishment
would require the structure to have a certificate of occupancy issued by
the County which meets commercial standards, including required parking, as
well as the requirements for stormwater retention and a fire wall.
City Attorney Baird stated that he had spoken with Tony Hubbard, the
local realtor who sold the property to Mrs. Dortch, and he had told
him that Mr. Nagel found out about the beauty salon when the plumbing
was being changed and he went over to inspect it. Mr. Baird further
stated that he believed that the City should give Mrs. Dortch the
opportunity to take advantage of the new requirements if the ordinance
is changed, and the City should allow a continuance of this matter until
such time as change occurs.
At this time, Cecil Smart who was present in the audience, asked what
the difference was between a professional office and a personal service?
Much discussion ensued concerning the definitions and how they were
established in the ordinance.
Council Member Dupee stated that she would like to have a Council
Workshop before any changes to the Zoning Ordinance go before the
Planning and Zoning Commission.
88-041After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO
GRANT A CONTINUANCE OF THE VARIANCE REQUEST UNTIL SUCH TIME AS A
CHANGE TO ALLOW PERSONAL SERVICES AS A CONDITIONAL USE IN AN R-3
ZONE IS CONSIDERED BY COUNCIL AS AN AMENDMENT TO THE ZONING ORDI-
NANCE.
e
e"
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 22, 1988
Page -4-
BOB THOMPSON - VARIANCE REQUEST TO ALLOW SWALES WHERE CURB AND GUTTER
ARE REQUIRED FOR DIVISION STREET EAST OF U.S. 27
Mr. Thompson appeared before Council to request a variance to allow
swales where curb and gutter are required for Division Street, which
is to be constructed east of Highway 27. Division Street is now platted
with the north half of the street located in the city limits of Minneola
and the south half located in Clermont. Mr. Thompson's development will
be accessed by Division Street, and at this time the City of Minneola
does not have a requirement for curb and gutter.
Much discussion ensued concerning the problems being caused by the
fact that half of the road was located in each city. It was suggested
that the best solution to the problem would be to shift the road 30'
to the north. Mr. Thompson explained that this was not possible because
he had already obtained the required permits from the DOT and Saint
Johns River Water Management District to locate the street as requested,
and that he had already ordered the storage buildings for the site.
City Manager Saunders stated that according to the ordinance, if the
slope of the property is more than 1%, no swales would be allowed. He
then expressed his concern that if swales were allowed instead of curb
and gutter, the edge of the road would not be maintained and eventually
water would cease to flow into the swales. The City of Clermont will
maintain its half of the road, but will not assume maintenance of the
entire road. In conclusion Mr. Saunders stated that the City has an
established criteria for roads, and he believed the City should stick
with it. He then pointed out that approximately the eastern 2/3 of
Mr. Thompson's property would probably meet the City of Clermont's
criteria for swales, and that the curb and gutter would be required
only on the western end of the road where it intersects Highway 27.
Council Member Huff stated that he believed the street would look
"funny" if curb and gutter going up the hill to Highway 27 was
constructed only on the Clermont side of the road.
88-042 After much discussion A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER TURVILLE AND FAILED DUE TO A TWO TO TWO
TIE VOTE TO DENY THE REQUEST WITH COUNCIL MEMBERS TURVILLE AND DUPEE
VOTING FOR DENIAL AND MAYOR POOL AND COUNCIL MEMBER HUFF VOTING AGAINST
DENIAL OF THE REQUEST.
88-043 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF AND SECONDED BY MAYOR
POOL TO APPROVE THE REQUEST. THIS MOTION ALSO FAILED BY A TWO TO TWO
VOTE WITH COUNCIL MEMBERS TURVILLE AND DUPEE VOTING AGAINST APPROVAL
OF THE REQUEST.
Because of failure of both motions Mr. Thompson will have to adhere
to the City of Clermont's established criteria for roads.
FRED SOMMER - RAILS TO TRAILS PRESENTATION
Mr. Sommer appeared before Council to request that the City pass a
resolution supporting the State of Florida Department of Natural
Resources rails to trails program involving the purchase of aban-
doned railroad right-of-way for State Parks, which will be utilized
for bicycling, hiking and horseback riding trails throughout the
State.
Presently the State of Florida has allocated 3.1 million dollars to
e
e"
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 22, 1988
Page -5-
purchase the first four segments of abandoned right-of-way listed on a
priority list compiled by the DNR. Mr. Sommer stated that the twenty-
one miles of right-of-way between Winter Garden and Mascotte has been
purchased by 23 property owners and will require 1.2 million dollars
to acquire. This segment is #4 on the State's priority list, and Mr.
Sommer asked that the Council also support raising it to #2 on the
list. In order to show Council what the developed parks were like,
a slide show was then presented showing some of the various parks
in the State which had been developed from railroad right-of-way.
Cecil Smart and Cuqui Whitehead, who were present in the audience,
stated that they favored the rails to trails concept.
88-044 After a brief discussion of Mr. Sommer's request, A MOTION WAS MADE
BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNAN-
IMOUSLY CARRIED TO HAVE A RESOLUTION DRAWN UP SUPPORTING THE RAILS
TO TRAILS PROGRAM AND ASKING THE STATE TO MOVE THE WINTER GARDEN TO
MASCOTTE SECTION FROM FOURTH TO SECOND ON THE STATE'S PRIORITY LIST
FOR PURCHASING.
BUDGET AMENDMENT
City Manager Saunders explained the request by Utility Director Davis
in the amount of $2,231.01 to replace worn out equipment at the treat-
ment plant. Mr. Saunders then recommend that the budget amendment be
approved with the line items for Capital Outlay for equipment in the
Water and Sewer Fund increased by the $2,231.01.
Mr. Saunders also asked that an additional $3,000 be budgeted in the
Water and Sewer Capital Outlay Fund in order to purchase a new back-
hoe from State Contract. It was explained that currently $20,000 is
budgeted for the purchase of the backhoe, and the City has been trying
to locate a good used one. However, good used equipment has been hard
to come by in the $16,000 - $20,000 price range, and this year's State
Contract offers the type of backhoe and front end loader needed for
$23,000.
88-045After a brief discussion of the requests, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
APPROVING THE BUDGET AMENDMENT IN THE AMOUNT OF .0 TO PURCHASE THE
EQUIPMENT AS LISTED IN UTILITY DIRECTOR DAVIS' MEMO DATED MARCH 14, 198 ;
AND TO ALSO INCREASE THE WATER AND SEWER CAPITAL OUTLAY FUND IN THE AMOUNT
OF ,000 IN ORDER TO PURCHASE A NEW BACKHOE FROM STATE CONTRACT IN THE
AMOUNT OF 2 ,000.
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
Mr. Saunders explained that Mr. Russell Wagner had resigned from the
Code Enforcement Board due to his moving outside of the city limits.
Mr. Saunders stated that Mr. Ed Ivey, Pastor of the Church of God on
Grand Highway and who was present in the audience, had written a letter
expressing his interest in serving on the board. Mr. Saunders also
stated that Kathy Parsell had called that afternoon and stated that
she also would be interested in serving on the board.
e
e'
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 22, 1988
Page -6-
88-046 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO APPOINT REVEREND EDWARD IVEY TO
THE CODE ENFORCMENT BOARD TO FILL THE UNEXPIRED TERM OF RUSSELL WAGNER.
City Manager Saunders was directed by Council to write a letter to
Kathy Parsell thanking her for her interest in serving on the Code
Enforcement Board.
There being no further business or discussion, the meeting adjourned at
9:30 p.m.
&: PO(( &~
Attest: