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07-28-1987 Regular Meeting e e 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. e e REGULAR COUNCIL MEETING July 28, 1987 Page -2- 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. e e REGULAR COUNCIL MEETING July 28, 1987 Page -3- 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. e e . \ REGULAR COUNCIL MEETING July 28, 1987 Page -4- 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: -- e e REGULAR COUNCIL MEETING July 28, 1987 Page -5- 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. e e REGULAR COUNCIL MEETING July 28, 1987 Page -6- 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. e e REGULAR COUNCIL MEETING July 28, 1987 Page -7- 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. 87-151 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