10-26-1976 Supporting DocumentsMINUTES td8 1,342
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, October 26, 1976. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present;
Councilmen Blackburn, Byrd, Schroedel, and Beals. Other officials present were:
City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director
Sanchez, Director of Community Services Smythe, Building Official Nagel, and Chief
of Police Tyndal. Others present were: The Messrs. Czech, Sargent and, Searles.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Meeting held October 19, 1976 were approved as written.
CITY MANAGER'S REPORT
City Manager Tiffany advised that inasmuch as the Seminole Well
samples continued to be unacceptable after repeated chlorination;
the matter had been referred to the Engineers, and it was expected
that representatives of Locke Well A Pump Co., the well contrac-
tors, would attempt to analyze the problem next week.
Mr. Tiffany advised that he had authorized the receiver of the
old bank building to have City Hall appraised, and the appraiser
had examined the building on Friday.
FLORIDA LEAGUE OF CITIES CONVENTION
Mayor Smoak reported that he, Councilman Beals, Finance Director
Sanchez, and City Attorney Baird had attended the 50th annual
L of C convention in Miami on October 21st thru 23rd, and from
the various forums and work sessions offered in addition to the
general business, he felt it had been a very productive meeting;
That the city's Resolution regarding restoration of sovereign
immunity to municipaaities had not been presented, but that one
of three other similar resolutions presented had been amended and
adopted by the League; and, That one of the most important sessions
which he had attended, and which he felt everyone should be made
aware of, was the discussion of the Financial Disclosure provisions
of the Constitutional Amendment that will be on the November 2nd
Election Ballot; That the amendment provides authority to the
State Legislature to include or not include appointed and elected
city officials, and although they are not presently included,
it was the general consensus that this would be mandated by the
legislature in the future which would require a very sweeping,
full disclosure by city officials as now required of state and
constitutional officials, and would certainly create problems
in filling appointive and elective city positions as persons working
on a local community standpoint basis would not be willing to subject
themselves to that close scrutiny of their personal financial
situation, and he would therefore sincerely urge all to vote against
the amendment.
Councilman Beals reported he felt the meeting had been of the
more informative ones that he had attended in the past; That he had
attended a session at which Supreme Court Justice Atkins had spoken
on Article V regarding the abolishment of municipal courts, which
is still of great concern to municipalities, and did not feel that
numerous questions regarding the matter as posed to Justice Atkins
MINU IT'S M 1343
by attending city officials had been answered; That in a y
sesion Senator
beeen��adlad visedpoken that an,ardinaveragetisting
of 300
complaints of violations to the Sunshine Law is received each year,
only realized onythree gtenths ht on lof 1% ofathat cJfigurer,dso itconvictions could
only be concluded that the existing law be so ambiguous that it cannot
be enforced; and, That although the city is not presently involved
in Labor Relations and Collective Bargaining, he had attended
a seminar regarding these matters at which they were advised of one
city that handles an impasse between their governing body and
employees by placing the matter before the people on the very next
election ballot with three options: Management's best offer,
The least thing that labor is demanding, and, The opinion as offered
by an arbitrator.
City Attorney Baird reported he felt the meeting had been very
helpful, especially in the forums he attended regarding local
government law sections primarily for city attorneys wherein a
myriad of problems facing municipalities were discussed; The
Consultants Competitive Negotiation Act; and, Problems in downtown
areas of municipalities.
Finance Director Sanchez reported that inasmuch as insurance costs
to municipalities continues to increase and it is becoming increasingly
more difficult to interest carriers in covering municipalities, he
was very much interested in one of the forums he attended regarding
self-insurance at which he was apprised of several existing small
municipalities such as Clermont already exercising such a program,
and he felt it would be something that Council would want to
investigate in the near future due to a reported cost saving of
as much as 20% or 30%.
COOPER MEMORIAL LIBRARY
Council Beals advised that information furnished him regarding a
financial contribution from the Library to the Jr. High Band had
been in error due to a misunderstanding by the recipient inasmuch as
it had been a personal donation from Mrs. Alice Tilden, President
of the Library Board itself, and he therefore wanted to report
there was no impropriety as he had queried at the last meeting.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman
Beals and carried that the bills be paid. A copy is attached hereto.
CENTRAL BUSINESS DISTRICT ZONING
It was the recommendation of City Manager Tiffany that inasmuch as
preparations of the Comprehensive Plan were underway, and there still
remainded several unresolved questions with regards establishing a
proper central business district zoning after much thought and study
already, that the matter be tabled and the Comprehensive Planning
Committee be directed to consider the central area for special study
and recommendation. Motion was made by Councilman Beals, seconded
by Councilman Byrd an came a is recommen an on e acce fed.
It was the opinion of Councilman Blackburn that the initial problem
of homebuilders prevented from rebuilding after catastrophy as now
exists in the area should be resolved now and not postponed for
the indefinite time it would require if considered by the Comprehensive
Planning Committee. He further opined of an immediate need for a
revision of the Subdivision Ordinance after a thorough study of it,
MINUTES N111.344
as well as many areas of the Zoning Ordinance.
COunciI was in agreement of the need of revision of any, of the
existing city ordinances which would require an item by item review.
Motion was made I Councilman_. Blackburn seconded by Ma or Smoak
an carri-e tatMae
tier I9Tfa_ny_, �n con unct on°+exrst�ncttorne Baird-nraceod withinvest�cat-ncc ty or nances revis ons, an nasmuch as suci ro act
wIula re u re ut es of tie C t ttorne move an a on s
agreement w t t e city that re a com ensate for such work at
an our rate a out and eon the_reta n nc fee a m.
SWIMMING POOL REGULATIONS
City Manager Tiffany advised there were problems existing in enforcing
the Swimming Pool Regulation section of the Zoning Ordinance as it is
now written and submitted provisions for such matter as required
in the Lake County Zoning Code for Council's consideration. The
existing city ordinance required It wall or fence of 4' in height
enclosing residential pools, but does not provide for a self -
closing and self -latching device on pool fence gates. The existing
city ordinance provides no such requirement at all for motel or
apartment -complex pools. The County Ordinance requires that "All
swimming pools shall be completely enclosed and so constructed as
to note be readily climable by small children, and all gates or
doors providing access to the pool area shall be equipped with a
self -closing and self -latching device Mayor Smack inquired
of City Attorney Baird if, from a legal standpoint, the county
ordinance provisions if adopted by the city, would provide the
rotective cover that it is intendent to do. City Attorney Baird
p
opined that such a matter was not a legal obligation of the city,
but rather a philosophical question; if the city should become
involved in that section of the welfare of the community. Motion
was made irl Councilman Blackburn and seconded b Councilman Schroedel
that the existing re elation be left as exists. Councilmen Beals,
on
B rd, and Ma or Smoak voted in the ne at ve addressing
to carry. Mayor Smoa questione the city 9
such an area at all as he felt that to do so would mean that it
would be another area that government is getting involved in
peoples private lives that the intended advantage is not really great,
and still further he could not agree that mandates should be issued
preventing property owners from utilizing
their property, indefinition, of its highest and best use. Mayor Smoak therefore motheir ved
that the existin Section 26-66 of the Zonin Code re sirin that
"Residential Swimmin Pools shall be enclosed b a fence or all at
feast four feet in height" be_deleted. The motion was seconded by
Councilman Beals,MIC fam ed ihecnegatiJveh Councilman Blackburn,
Schroedel and Byr
TEMPORARY TRAILER PARKING
City Manager Tiffany advised that Section 24-2.1 of the Code of
Ordinances provides for temporary parking of trailers in commercial
or industrial zones when used as office space or for storage for
a 30 day period, and inasnuch as they are frequently used
as ended
construction offices for periods exceeding 30 days, h
they be allowed to remain for the duration of active construction
or building permit, whichever is shorter. Motion was made by
Councilman Schroedel, seconded b Councilman Blackburn and carried
that the Ordinance be amended to inc ude the Cit Mana er s recommenda-
in all zones
MINUTES M11,345
PORTABLE SIGNS
City Manager Tiffany advised of a problem in policing the 30-day
time limit allowed for vehicle/portable signs. It was consensus
of Council that a deposit be required, the amount to be determined
by the City Manager, prior to issuance of the sign permit.
HOME OCCUPATIONS
Following considerable research and review of how many cities
provide for Home Occupations, by City Manager Tiffany and City
Attorney Baird, Mr. Tiffany submitted an example ordinance for
Council's consideration, which he felt would work in Clermont
with some modifications. During discussion on the matter, it
was the opinion of Councilman Byrd that example home occupations
such as music lessons and traveling salesmen who use their home as
an office, though technically businesses, should be allowed in
any zone. It was the opinion of Mayor Smoak that home occupations
should be allowed in any zone so long as they still maintained
the integrity of that particular zoning district. It was the
opinion of Councilman Beals that as long as the home occupation was
not obnoxious to the neighbors, not a lot of heavy traffic in
the yard, etc. they should be allowed in all zones. It was the
opinion of Councilman Schroedel that many home occupations contributed
greatly to the community in both services and economics. It was
the opinion of Councilman Blackburn that home occupations were a
detriment to the business community as they were competing unfairly
with the businesses who pay business taxes, pay overhead expenses,
etc., and that they should not be allowed. It was consensus of
Council that the matter be referred further to Mr. Tiffany, in
consultation with the Planning & Zoning Commission.
CITY PROPERTY OFFERED FOR SALE
It was the suggestion of Mayor Smoak that Councilman Beals investi-
gate the property abutting west Lake that is to be offered for
sale as to its total a•ea and current value in order that Council
might set a minimum price. Council was in agreement, and
Councilman Beals agreed to take care of the matter.
RESOLUTION
Mayor Smoak advised that County Commissioner J. M. Hoskinson of
this district had just recently been elected President of the
Florida State Association of County Commissioners, and in honor
of this he offered and moved the adoption of A RESOLUTION OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HONORING AND EXPRESSING
APPRECIATION TO J. M. (JIM) HOSKINSON FOR OUTSTANDING SERVICE TO
THE CITIZENS OF THE CITY OF CLERMONT AND LAKE COUNTY and the motion
was seconded by Councilman Blackburn and unanimously carried. The
RESOLUTION was read in full by Mayor Smoak, and the Number 286
assigned to it.
There being no further business to be brought before Council at this time, the
meeting was adjourned by Mayor Smoak at 8:56 P. M.
Claude E. Smoak, Jr., MayoF
Do ores N. Carroll, Cit Clerk
ACCOUNTS PAYA13LE OCi'OBER 1976
GENERAL FUND
Amoricnn Public Workn Anooc.
(Two Mombarnhip Faun)
50.00
Batteries By Fisher
(Battorion & Auto Parts)
75.54
Bowen Supply Co.
(Office Supplies)
20.50 -
Clemanto Past Control
(Jail)
9.00
Dixie Lima & Stone Co.
(Limarock Banc)
80.37
Edge Mercnntllc Co.
(Pitch Fork)
13.39
Fskerd Drugs
(Calculator, Fl.im & Supplies)
32.84
5th Street Cro.
(Prisoners Supplies)
4.87
Fla. Power Corp.
(Electric - 2922.89)
(Street Light Rental - 1883.79)
4806.68
Fla. Telephone Corp.
(Utilities)
352.01
Ford Press Inc.
(Vending Machine Stickers)
14.50
Ili -Acres, Inc.
(Fertilizer)
129.05
Highway Equip & Supply Co.
(Pressure Cleaner)
1175.00
J. 11. Matthews
(Memorials)
339.00
Motorola Inc.
(Radio Maint)
105.50
Municipal Equip Co.
(Janitoral Supplies)
235.18
Office Equip Exchange Inc.
(Service Contract)
30.00
Orlando Paving Co.
(Asphalt)
114.94
Russell & Marcella Smith
(Cleaning Compound)
40.50
Shelfer Ford Tractor Co.
(Mower Blades)
44.52
South Lake Press
(Office Supplies)
53.80
Texaco Inc.
(Petroleum Products)
63.80.
W. M. Teal
(Petroleum Products)
751.50
Western Auto
(Ammunition & Paint Brush)
-- 6.68.--=
Xerox Corp.
(Equip Rental & Delivery - 58.50)
(Supplies - 181.54)
240.04 -
nIYno 91
UTILITIES DEPARTMENT
Davis Meter & Supply
(Meters)
340.00
Fla. Power Corp.
(Utilities)
3103.56
Fla. Telephone Corp.
(Utilities)
93.22
Konsler Steel Co.
(Angle Iron)
52.48
Photovolt Corp.
(Electrode)
75.00
Sta-Con Inc.
(Repair Parts - L.S.)
82.42
3746.68
J
TO: City Council
FROM: City Manager
SUBJECT: Central Business District Zoning
DATE: (October 22, 1976)
After Tuesday evening's work session on Central Business District Zoning, I
had the opportunity to review the 1967 Clermont Downtown Improvement Plan.
No copies of this plan remain at the City Hail, but Phil Searls, Chamber j
Secretary, found a copy in his files.
Reviewing this plan reminded me that our central area problems are complex, j
and part of a historic shift of commercial activity to Highway 50 that began
many years ago.
Although much work has gone into the proposal, there are unresolved questions
that merit serious study before rezoning this area:
1. Should commercially zoned area be increased while vacant {
land remains in the current Central Business District?
2. What will be the effect on homeowners by including 19 homes
in the C.B.D. that are now in R-3? y
3. What should be the zoning status of the blocks adjacent to
the railroad north of the proposed C.B.D. and adjacent
Transition Zones?
The immediate problems of defining the current C.B.D. and protecting the right
of C.B.D. homeowners to rebuild after catastrophy can be resolved without
rezoning the entire area.
A C.B.D. study should include consideration of projected commercial demand; a
survey of land use, building use, and building condition; and the relationship
of the central area to other zones; etc.
Since we are now beginning the Comprehensive Plan preparations, I recommend that
the C.B.D. proposal be tabled and that the Comprehensive Planning Committee be
directed to consider the central area for special study before further considering
rezoning in this area.
f
6or`don any
cc: City Clerk (10-26-76 Agenda)
TO: City Council
FROM: City Manager
SUBJECT: Temporary Trailer Parking (24-2.1)
DATE: October 22, 1976
Section 24-2.1 provides for temporary parking of trailers in
.commercial or industrial zones when the trailer is to be used as office
space or for storage. A 30-day permit may be issued by the City Manager
with a 30-day renewal without fee.
Frequently trailers are used as construction offices for periods
exceeding 30 days. To simplify our enforcement of this section, I recommend
allowing construction office trailers to remain for the duration of active
construction or building permit, whichever is shorter. ..If no'cons tr:.uction
or building permit is involved, the current terms of the ordinance would
remain in force.
Gordon Tiffany
cc: City Clerk (10-26-76 Agenda)
I
TO: City Council
rROM: City Manager
SUBJECT: Portable Signs (26-79.1)
DATE: October 22, 1976
Section 26-79/1 allows vehicle/portable signs for a period of
30 days with extensions granted by the City Manager. We have a problem
in policing the 30-day time limit. Occasionally a permit for this type
of sign will be granted for 30 days, but the sign will remain beyond that
period without proper extension.
I recommend that the fee of $.20 per square foot be charged for each
month that such a sign is used. This fee will motivate the businessman to
usdofetheedifficultftasmkeofhat gettingetheeownerry" signs to removeare used, and the sign afterrelieve
length the
30-day limit. }
i
Gordon Tiffany
cc: City Clerk (10-26-76 Agenda)
TO: City Council
FROM: City Manager
SUBJECT: Nome Occupations
DATE: October 22, 1976
The Problem. Home occupations are now allowed in R-3 "Residential
Professions FUTTUFTEV zones as conditional uses. They are not allowed under any
circumstances in any other zoning district, except as legal non -conforming
uses that existed before the District was established.
Nevertheless, home occupations exists in every residential zoning
district in the City with the business being conducted including beauty shops;
heavy equipment storage -display -sales; honey making; cabinet shops; bookkeeper -
tax consultants; machines shops; welding; cabinet making; music lessons; and
numberous other businessess, all in violation of our Zoning Code.
Occasionally we receive complaints about a particular home occupation
which is, for some reason, a disturbance to the neighborhood. The open existence
of other home occupations makes it difficult to require one to be closed down.
In addition to being in violation of our zoning ordinance, most home
occupations as now exist illegally do so without occupation license. A few
home occupations resort to the open subterfuge of using a mailing address for
license purposes in a proper commercial zone, but actually operating the business
from the home. Several Clermont home businesses maintain a box number or address
outside of the City.
I feel that our ordinance should either be enforced as written, or
amended and enforced. It is practically unenforceable now.
Current Law. Article III of our Zoning Ordinance defines "Home
Occupations'— as follows: "Any use conducted entirely within a dwelling and carried
on by an occupant thereof, which use is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and does not change the charter thereof.
Home occupations shall not be -constructed to include barber shops, beauty salons,
tearooms, food processing, restaurants, sale of antiques, or commercial kennels".
Section 12-1 requires an occupational license for any business, profession
or occupation.
As mentioned above, home occupations are provided for as conditional uses
in R-3 zones only, and prohibited in other zones.
Other Cities. These problems are certainly not unique to Clermont. The
City Attorney inquired through the National Institute of Municipal Law Officers
(NIMLO) about approaches to the problem taken elsewhere, and received six
ordinances (Pasadena and Thousand Oaks, California; Cleveland, Ohio; Brookfield,
Wisconsin; Denver, Colorado; and Tuscon, Ariziona) that apparently work. Planning
and Zoning Commission member Jack Sargent furnished us with the Tenafly, New Jersey
ordinance; and I have reviewed a new publication on the subject from the
American Association of Planning Officials furnished by Mike Willbtt, Lake
County Planner. The ordinances of Eustis, Kissimmee, and Lake County, were
also reviewed.
Page 2
City Council
October 22, 1976
Recommendation. I have attached the ordinance from Thousand Oaks,
Californ a as an example of an approach that would work in Clermont with some
modifications. In addition to new home occupation regulations, our list of
occupational licenses and fees should be updated and mofied to provide for home
occupations.
GordTiffany
cc: City Clerk (10-26-76 Agenda)
Attachment
.'_ 1 1.
r011DINANCli �NO, 281T--�rrryulrnnr„Intinlnrd Ly misrvprosenu4on
AN AM1:ND\IIiNI"Il]'llPlO ruyUnyre:; chill Le Or fraud;
%ONING CIIA 191; I OP 'I III: allounl od�n• than mrmbern (,!) 'That tLe use far uhlch
CITY OF 'IIIOI!SAND O.{I:5 of ILe rr:ddrntbrl InuJ1Y; ILr lennit was p,ramM has
Uit UINANCI4 CODE..{. 'ND. Q!) Pio uses of unntrrinl car craned far if. (6) Oonarcu.
ZING '111E fit - M'IION OI: nrohanb al equlpmrnl which 'rice ...mnOm or more;
IIOh1E MC'LIPA'1 PUNS AND °reaws I:ound, vlln nUOn, (e) 'I'lut the condition of the
'lltil'ADLISIIING A Clll'I fill. '-milL+ or effects "filch can I,rrudrer„ or of tiv area of
IA IN THE Dli'P1 1INA, he beam, felt , or other • which It In A girt, hnschang•
"f7ON of., IlOrdli X''I PA, wine tensed ul,on ndJnhninl! rd ro that the use Is nolom}
"PIONS, luro(et•ly or Public rleht. er Justified un:ler the mean.
I The Clly Cnunrll of the ""Y "hall be Allowed; leg and Intent of tide Dec.
City of 7Lousarnl Oaks dace (e) ,NO cmnrno,lltlen shall Cion.
ordain eu foliowol he advertised, storedorkrpt Any determination of the
5EC'I'ION 1, S.-clim 8170.33 ,outside, or sold not ie prern• Plamdng Direcror under the
Willa City of'11,ou$and Wit it's: . provisions of this W,;on
Ordlnnucn Cnie In amended (rI) No slE.ns or structure may he appealed la the Plan.
Ito reed as follows; nluli ha nNoweJ other than ning C., issimpursuantto
Section 8170,33 HOME: OC. those normally Permitted In Article 43 of this Chapter.
CUPA11ON $hall Oman any tice'zbne; (3) Non . Transferable. A
!use customnrlly auductM (H The •use 'hall net gen• Ilome Occupttlon Permit
I entirely within a dwelling or rate pnlestrlan or s'chlcu• granted In accordance with
�LuIlJing necessary thereto larindfic beyond Ihnt nor.' the pruvlslons Of this Chsp6
and carried on by the In. mat to tile 'one in which it- ter shall not Le transferred,
habitants thereof, which use Ips located; assigned, or used by any
le ekarly lndJenminud sea �r• No Idenllflable eommer• person ether than the Per.
onda•y to the use of the lal v hides In connection rnittee, nor shall such per.
elructiam for dwelling por• srilh ILe home Occupation mit authorize such home oc.
:Proses and which uredoesnot shall be allov:ed fordelivery cupadons at any location
clutnge Uw duracterthere• of materials to or from the other than the one for which
iof', and does not adversely premises; the permit Is granted.
effect We uses pennitteJ In (L) No outdoor uorape of ,.) Non • Conforming Ilome
the zone of "filch It I$ A materials. supplies or come Occupations, Ncn.conform.
part. Ntime ocegmlons n rclal vehicles vl Bible Ing home Occupations shall
e hall be subject to a "Novae Irvin the public street or I discontinued or Comply
Occupation Permit" as pro• adjacent, property shall be with all of the provisions of
vlded for in Section 8160.15. ullo"ell in connection with tills section wbhloone (1)
SECTION 11. Section 8160.15 the battleccup.ulon beyond year from the effective date
t,of tha City of 7ltousand Oaks the normal to the resldIn• of this Ordinance.
Ordinance Code Is amended ,a, character of the zone. PASSED ANDADOf 1'EDthis
to read as folican; (h) 'Ihe apl—rance of the fifth day of March, 1969,
Stellon 8160.15 DIi'rER. strucuure sl ill not Le cal• {fez 1'. Flute, Mayor
hIINA11ON OP IIO\IF. OC• tered, nor shall the conduct City of'Rmusand Oaks
CUPATIO,NS. A hone ". of the occuPn lfan within "' ATTEST:
nrpatlon $huh Include Any struanre be such tLaz the Velma S, QuJnn, Clty Clerk
use customarily co Ducted strrmmre may Im reasonable City of Thousand Qlks
`entirely within s dwcMag recognized as serving anon- I HEREBY CERTIFY that
or building accessory them• Sideutial use. the foregoing Ordinance was
f to and carried on by ILe in. (2) Revocation, .A Home Oc. duly and regularly adopted
hnbllunts thereof. 'ILe use cupatlon Permit granted In by the City Council of the
Shalt be clearly hucldrntal accordance with the prowls• City of Tuonsand Oaks at a
and secondary to the p1cn. Ions of this chapter may k regular meeting )hereofheld
cipal use as a residence, terminated If the Plan d.g on the fifth day of Ala rclh,
A flame Occupation Permit Director nukes any of the 1969, by the following vote;
shall be Issued If the Plan• following findings; AYES:Counclimen: 13etrs. ,
ning Director determines (a) That any condition of Colon, Ilus @ Fiore
• that such uses comply with the I erne occupation permit NOES: Councilmen: Gar•
the urlterlA ectnbllshed In has been violated; cia
this secdom (b) 'chat d:e "'c has become ADSL•NT: Councilmen:
(I) Ilmne occupations shall fetrimemaI w the pubUc None
Include a use as found by health or traffic or tuns U• Veirna S. Qdnn, Clty Clerk
the Planning Director to tutes a misance; City of Thousand Oaks
comply with the following (c) That the penult was ob. Publish Mar. 28. 1969 01545