07-28-1987 Regular Meeting
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REGULAR COUNCIL MEETING
July 28, 1987
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, July 28, 1987, 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 due to a prior commitment. 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 July 14, 1987, were approved
as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
LAKE COUNTY WATER AUTHORITY MEETING
It was reported that the regular meeting of the Lake County Water
Authority would be held Wednesday, July 29, 1987, at 5:30 p.m. in
the Conference Room of their building in Tavares.
WORKSHOPS
City Manager Saunders stated that he would like to schedule two
budget workshops. After some discussion, it was the consensus of
Council to hold these workshops at 8:00 p.m. on Wednesday, July 29th
and Thursday, August 6th in the City Hall Conference Room.
FINANCE DIRECTOR VAN ZILE'S REPORT
SOFTWARE MODIFICATIONS FOR NCR COMPUTER
Finance Director Van Zile reported that the original software package
with the City's new NCR computer was working properly, but that the
City would like to purchase three enhancement programs from NCR at
a cost of $2,100~ with funds coming from the present budget.
The need for one of the programs for sales tax resulted when the
State of Florida's new sales tax law went into effect on July 1, 1987.
The other programs would make the running of the monthly budget and
the cash receipts reports more cost efficient. The three programs
will be tailored to meet the needs of the City of Clermont.
87-142 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED
TO ALLOW THE PURCHASE OF THE THREE PROGRAMS AT A COST OF $2,100
WITH PAYMENT COMING FROM THE PRESENT BUDGET.
COUNCIL MEMBER DUPEE'S REPORT
ANIMAL CONTROL ORDINANCE
Council Member Dupee stated that she would like have discussion
concerning changing the City's Animal Control Ordinance placed on
the agenda of a future meeting. She further stated that she would
like consideration given to changing the ordinance to include a
possible fine if an animal attacks a person. Lake County's ordinance
provides for a fine of $250 to the owner under such circumstances.
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REGULAR COUNCIL MEETING
July 28, 1987
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City Manager Saunders stated that he would first like to research
the request and then schedule it for a Council Workshop before
placing the item on a regular Council agenda. It was the consensus
of Council to do so.
COUNCIL MEMBER HUFF'S REPORT
CABLEVISION SERVICE
Council Member Huff again reported that he had received numerous
complaints about the poor service offered to customers by the
City's cable television company, and that he believed they were
not living up to their franchise agreement.
Mr. Huff then read aloud different sections of the City's franchise
agreement pertaining to what the company was to provide for the
City, and asked the City to request Cablevision Industries of
Central Florida to provide a test from an independent engineer to
verify whether or not they were capable, with the equipment now
in place, of providing quality service to the City of Clermont.
Much discussion ensued concerning the company's poor customer
service record, questionable billing practices, and lack of
properly grounded and maintained equipment.
87-143 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY.COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO
HAVE THE CITY ATTORNEY REVIEW THE FRANCHISE AGREEMENT AND REQUEST
ENGINEERING REPORT:
NICHOLAS J~ LEONE - CONDITIONAL USE PERMIT TO ESTABLISH A.CHURCH
Mayor Pool explained that the applicant was requesting a Conditional
Use Permit to establish a Church at 998 East Highway 50, the site
previously occupied by Calico Jack's. Presently, part of the building
is being used~ and will continue to be used as a television repair shop.
It was also reported that the Planning and Zoning Commission at their
meeting held July 7, 1987, had recommended denial of the request stat-
ing that because of the City Ordinance prohibiting a business from
selling alcohol within 500 feet of a Church, the commercial possibili-
ties in this area would be limited by the location of the Church.
City Manager Saunders stated that this matter would be addressed
further under New Business with the introduction of Ordinance 253-C,
which would amend the Code of Ordinances by deleting the 500' distance
requirement from a church for obtaining an alcoholic beverage license.
Mr. Leone~ who was present in the audience, stated that he knew the
Planning and Zoning Commission had recommended denial of the request,
not because they were against the request itself, but because they
wanted the City's ordinance concerning this matter changed.
It was questioned if there was adequate parking at the site, and
City Manager Saunders stated that according to the site plan there
would be enough parking at this time, and that the applicant would
have to prove adequate parking in the future. If the CUP is granted,
the conditions stated would require parking to be delineated, and no
parking would be allowed on the south or east sides of the building
because the building setback is only 5'from Highway 50 and 8' from
Grand Highway.
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REGULAR COUNCIL MEETING
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Council Member Huff expressed his concern that if the Church was
allowed at this location, it would stifle future commercial develop-
ment in the area.
City Attorney Baird stated that he believed that because the request
was for temporary housing of the Church, a condition stipulating a
certain length of time for the Conditional Use Permit to be in effect
might solve the immediate problem.
,
Mayor Pool called for comments from those present, and no one spoke
for or against the proposed Conditional Use Permit. Under discussion,
Mr. Leone and another memeber of his congregation stated that they had
leased the building for a period of eighteen months, and that they would
agree to that period of time for the Conditional Use Permit.
87-144 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL
VOTE TO ADOPT RESOLUTION /1560 AS AMENDED TO ALLOW "BY HIS SPIRIT
MINISTRIES",TO BE TEMPORARILY ESTABLISHED IN THE C-2 GENERAL COMMER-
CIAL DISTRICT FOR A ,PERIOD OF EIGHTEEN MONTHS.
DARRYL AND CHRISTINE LADD VARIANCE REQUEST
Darryl Ladd appeared before Council to request a variance for both
side yards from the required 9' to 7.5' in order to construct a new
home on Lot 26, Point Place, on Settle Street. A site plan was
presented showing the lot and position of the home on the lot, and
Mr. Ladd stated that he was making the request because of the
narrowness of the lot.
Mr~ Ladd stated that it was an older established neighborhood, and
that the home next door had a 7' side yard, and that 12' front yards
do exist in the area~ It was pointed out that all homes in the immed-
iate area do meet the required side yard setbacks, except Mr. Ladd's
neighbor to the north.
Mayor Pool called for comments from those present and no one spoke
for or against the requested variance. Mr. Ladd stated that he had
spoken with his neighbors, and they did not oppose the request.
Mayor Pool stated that the property immediately to the south of
Mr. Ladd's lot belonged to the City. Mayor Pool then suggested that
the entire variance of three feet be granted on the south side which
abuts the City's property, since no construction would ever take place
there.
After some discussion, it was the consensus of Council that this
was a good idea, and by granting the entire variance on the south
side of the property, the required setback could be maintained
between Mr. Ladd's home and the existing home to the north.
87-145 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE
REQUEST, MAINTAINING THE REQUIRED 9' SETBACK ON THE NORTH
PROPERTY LINE AND A 6 '. SETBACK ON THE SOUTH PROPERTY LINE OF
LOT 26, POINT PLACE SUBDIVISION.
DAVID AND BARBARA DUNCAN VARIANCE REQUEST
David Duncan appeared before Council to request a variance from the
required rear yard setback of 25' to 20'6" in order to construct an
addition to their home. Mr. Duncan pointed out on the site plan
that the setback of the existing rear bedroom presently is 20.5',
and the request was being made to square up the back of the house.
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REGULAR COUNCIL MEETING
July 28, 1987
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Council Member Huff stated that he could see no problem in granting
this request: Council Member Turville stated that he agreed with
Mr: Huff and pointed out that the request would not incre~se the
encroachment into the rear yard setback.
Mayor Pool called for comments from those present and no one spoke
in favor of or against the requested variance.
87-146 A..MOTION WAS .MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER DUPEE..AND UNANIMOUSLY CARRIED TO GRANT A VARIANCE FROM THE
REQUIRED,REAR.YARD.SETBACK OF 25' TO 20.5' FOR PROPERTY LOCATED
AT. .832 ,FIFTH ,S,TREET..:
UNFINISHED BUSINESS
FINAL ,READING OF ORDINANCE 252-C
City Manager Saunders explained that this ordinance would amend
the City Zoning Ordinance to allow the development of zero lot
line detached single family homes and set certain minimum standards
for this type of development. A Conditional Use Permit would be
required in all cases and a zero lot line development could only be
built in areas that allow multi-family development.
Nilsa Whitehead~ who was present in the audience~ asked if zero lot
line meant that there would be no space between homes.
City Manager Saunders then explained the zero lot line concept; and
stated that there would be IS' separating each home.
There were no more questions and no one else spoke for or against
the proposed ordinance;
87-147 A..MOTION WAS MADE.BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
DUPEE ,AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE
.252-C AMENDING THE CITY OF CLERMONT ZONING ORDINANCE TO PROVIDE FOR
AND .,SET..MINIMUM STANDARDS. FOR Z.ERO LOT LINE DEVELOPMENT~ THE ORDI-
NANCE, WAS,.READ, BY, TI,TLE. ONLY. BY MAYOR POOL~
INTRODUCTION ..OF .ORDINANCE ..253-C
Mayor Pool explained that this ordinance would amend Section 3-3 of
the Code of Ordinances by deleting the setback requirement from
churches; but retaining it for schools. Currently, Section 3-3
states that no license shall be granted for the on-site consumption
of alcohol when the vendors place of business is within 500' of an
established church or school~
Mayor Pool continued by stating that the writing of this ordinance
amendment came about because members of the Planning and Zoning
Commission in their discussion of the CUP which was granted on a
temporary basis earlier, had expressed concern that the setback
requirement hindered or would hinder business activity in certain
commercial areas:
Mayor Pool also reminded those in attendance that the ordinance
was to be introduced, with no final decisions being made until
a later date:
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REGULAR COUNCIL MEETING
July 28, 1987
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At this point, Mr. Ed Ivey, Pastor of the Clermont Church of God,
asked that the introduction of the ordinance be tabled until such
time as representatives of the churches of Clermont could meet
with City officials to help write an effective ordinance that would
be acceptable to all parties involved.
Council Member Turville stated that if the ordinance was introduced
this evening, it would give everyone time to discuss and change the
ordinance before the final adoption in four weeks.
Council Member Huff concurred, and stated that the ordinance should
be introduced tonight. He further stated that the City had been
struggling with the problem for a long time and it was not fair to
inhibit a retailer from being in business. He then suggested that
a workshop be held before the final adoption.
Council Member Dupee cited the example of the Mormon Church receiving
a Conditional Use Permit to establish a church in Sunnyside Plaza.
In the same plaza an Italian Restaurant, which serves beer and wine
with meals, is in business: However, if this business no long chooses
to operate, another restaurant could not locate in the same plaza be-
cause it would be within 500' of the church. Considering the limited
commercial property within Clermont, this would be unfair to the
potential retailer should churches choose to locate throughout the
Commercial district~
Mayor Pool then read a list of cities in our area and their
requirements, which varied from no requirement up to 600'.
pointed out that 500' was an arbitrary figure, and could be
if that would help solve the problem.
At this point in the discussion, Council Member Turville stated that
he believed the ordinance should be introduced, but questioned how
the City could include schools within the 500' limitation but exclude
churches who also deal with young people on a daily basis. Mr. Turville
then suggested that a variance or some other type of control measure be
required if a church wished to locate in a commercial district.
distance
It was
changed
Mayor Pool then asked City Attorney Baird if there was a vehicle to
allow this, such as a variance.
City Attorney Baird stated that one problem was that a church should
not be allowed to go into a commercial district, and that the ordinance
violates the City's Comprehensive Plan. He further stated that the
ordinance would have to be amended to fit the comprehensive plan or
the comprehensive plan amended to allow for this type of request.
The City does not have a use variance.
Many suggestions were given by those present, with Jim Cornell of
the First Baptist Church suggesting that a Conditional Use Permit
be required for beer and liquor sales. Mr. and Mrs. Whitehead
expressed their concern that too many establishments selling
alcoholic beverages were locating in Clermont and should not be
given consideration over local churches.
After substantial discussion of the proposed ordinance, City
Attorney Baird reminded those present that this was to be an
introduction of the proposed ordinance with the public hearing
scheduled in four weeks~ He further stated that with the
plethora of varying opinions on what should be done, it would
be best to schedule a workshop to obtain everyone's input on this
matter.
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REGULAR COUNCIL MEETING
July 28, 1987
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87-148 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF AND SECONDED BY
COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 253-C, AND TO SCHEDULE
A WORKSHOP WITH THE.CLERMONT MINISTERIAL ALLIANCE FOR THEIR INPUT.
City Manager Saunders suggested and it was agreed that this matter
would be placed on the agenda of a future Council Meeting with no
definite date being set for the final reading.
Mr. Jordan, an attorney from Orlando who was present in the audience,
stated that he would like to attend the workshop. City Manager
Saunders asked that he leave his name, address and telephone number
and that he would contact him when the workshop was scheduled.
PLAT APPROVAL - WILLOWS TOWNHOUSES
It was reported that Mr. Poynter was requesting approval of his
Townhouse Plat for the Willows Townhouses located south of Sun
Bank.
City Attorney Baird stated that he had reviewed the proposed plat
of the Willows and the Declaration of Covenants and Homeowner's
Association documents and found them to be in order. He also
stated that he had suggested, and Mr. Poynter had complied with
the suggestion, by including the name "townhouse" on the plat.
87-149 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COU~CIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE THE WILLOWS
TOWNHOUSE PLAT. .
INTERLOCAL AGREEMENT WITH LAKE COUNTY FOR JOINT PLANNING AREA
City Manager Saunders explained that the proposed Interlocal
Agreement between the City and County for a Joint Planning Area
was a major step to control growth in the area surrounding our
City. The agreement provides for a Joint Planning Committee to
monitor and review development of a plan for the Clermont area.
In order to regulate development within the area prior to a
Comprehensive Plan being adopted, the City and County will
agree to notify appropriate party involved of any applications
for vountary annexation, construction, density change, rezoning,
comprehensive plan change or any other land use actions. A map
of the proposed joint planning area was displayed.
Mayor Pool then called for comments from those present in the
audience.
John Sargent, a member of the Clermont Planning and Zoning
Commission, asked why the joint planning area was not extended
north to the turnpike. It was explained that Minneola already
provided fire protection that far to the north and the area
around the turnpike had been designated the County area for
commercial and industrial development.
In reviewing the agreement, condition H4 was questioned which
states that the City agrees to prepare and adopt a Comprehensive
Plan for the entire Clermont/Lake County Joint Planning Area in
conformance with the Comprehensive Planning and Land Development
Regulation Act~
City Attorney Baird stated that it would not be cheap to prepare
a Comprehensive Plan for the Joint Planning Area, and stated that
it should be clarified as to who will pay for such an undertaking.
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July 28, 1987
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City Manager Saunders stated that it was his understanding that
it would be a joint effort between the government entities involved
to prepare the document, but that he would contact Lake County
Planning Director Michael Szunyog concerning this matter.
87-150 After a brief discussion~ A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE; SECONDED BY.COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED
TO ENTER INTO THE JOINT PLANNING AREA AGREEMENT WITH LAKE COUNTY,
WITH ITEM. 14- BEING CHANGED BY. CITY ATTORNEY BAIRD AND CITY STAFF
TO ,INCLUDE COUNTY PARTICIPATION IN -THE PAYMENT OF THE COSTS FOR
THE, PREPARATION . AND , -ADOPTION..OF A. COMPREHENSIVE PLAN FOR THE.
ENTIRE-.CLERMONT/LAKE COUNTY JOINT PLANNING AREA:
CHANGE ORDERS
City Manager Saunders explained that Contract Change Order 14,
Contract No.2, for the Sewage Treatment Plant Expansion project
totals $493 for a new exterior metal door installation. In the
original plan the existing door was to be moved to a new location~
but the door was found to be rotten and had to be replaced~
Contract Change Order H4~ Contract HI, for Lift Station 16 results
in a reduction of $503:38 for changes as itemized and the addition
of 41 days for completion due to one pump being back ordered and
six rain day delays:
It was also reported that Lift Station H6 had not passed the final
inspection conducted by the Farmers Home Administration and the
City Engineer~ and it was expected that the problems would be
resolved within the next few days.
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There being no further business or discussion~ the meeting adjourned
at 9:00 p:m:
~(J~~
Ro ert A. 00, Mayor ~
Attest:
>>~~i1e. City Clerk