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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: