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12-21-1976 Supporting DocumentsMINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of' Clermont was held in the Council Chambers on Tuesday, December 21, 1976. The meeting was called to order at 7:30 P. M. by Mayor Claudo E. Smoak, Jr., with the following members present: Councilmen honey, Byrd, Schroedel, and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Biard, City Clerk Carroll, Finance Director Sanchez, and Director of Community Services Smythe. Others present were: The Messrs. Allison, Meginley, and Searles. The invocation was given by Mr. Smythe, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held December 14, 1976 were approved as written. VARIANCE REQUEST: THOMAS I1_KENNEDY City Council, sitting as a Board of Adjustment, consider the request of Thomas D. Kennedy for a Variance to Section 26-12 (LOT SIZE AND OCCUPANCY) of the Zoning Ordinance in order to construct four duplexes on his property described as: Lots 1, 2, 3, 4, 5, and 50' of Lot 6 in City Block 70. The reason cited previously in writing by Mr. Kennedy for the variance request, was, That the existing zoning requirements for his property provide for multi -family single buildings of ten units, but in order to preserve the existing residential character of the neighborhood, he desired to construct four duplexes, each differing in visual appearance, but which would require a variance to the front footage of approximately 25' for each building. A petition in support of the request by four abutting and/or adjoining property owners, was submitted to Council. There was no one present who voiced objection to the request, whereupon motion was made b v Councilman Blackburn seconded by Councilman Honey and unanimously carried that the request be granted. City Council further considered the request of Mr. Kennedy for a Variance to Section 26-45 (SIDE YARD ON CORNER LOTS) of the Zoning Ordinance in order to construct the aforescribed duplexes with an eighteen foot separation between the buildings to further preserve the existing residential charter of the neighborhood, but which would require a Variance to the corner lot setback of fifteen feet. Mr. Kennedy advised that with the street right-o-way being 100' at this location, should the variance be granted, there would still remain a distance of 65' from the center line of the street. There was no one present who voiced objection to the request, whereupon motion was made by Mayor Smoak seconded by Councilman Blackburn and unanimously carried that the request be granted. VISITORS WITH BUSINESS Mr. Phil Searles of the local Chamber of Commerce, appeared before Council to advise of visitors to be in the city on December 29th from Clermont-Ferrand, France, namesake of the City of Clermont, and in order to further cultivate good will and friendship between the Sister -Cities, would urge that Council authorize some appropriate token to be presented to them. Motion was thereupon made by Council- man Blackburn seconded by Councilman Honey and unanimously carried that City Attorney Baird prepare the necessary Resolution of Welcome for presentation to the visitors by Mayor Smoak. LEGAL NOTICE Pursuant to State Law notice is hereby given that the City Council sitting as it Board of Adjustment will hold a Public 11oaring in the Council Chambers located on the corner of West Avenue and DeSoto Streets on Tuesday, December 21, 1976 at approximately 7:30 P.M. for the following purpose: To consider request by Thomas D. Kennedy for Variances to Section 26-12 (LOT SIZE AND OCCU- PANCY) and 26-45 (SIDE YARD ON CORNER LOTS) of the Zoning Ordinance in order to construct four duplexes on property described as: - -.-= Lots 1, 2, 3, 4, 5, 4 50' of 6 City Block 70 an R-3 Zone. All interested parties will be given an opportunity to express their views on the matter. Dolores W. Carroll, City Clerk City of Clermont, Florida December 9, 1976 i TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME: Thomas D. Kennedy,__.�����• ADDRESS: 1441 Anderson Stroet PI.I:ASE PRINT OR TYPE A2 Gentlemen: (laving posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct (X ), Move and Place ( ), a (sign) building on lot/s 1 2. 3, 4. 5, & 50' of Lot 6_ Block_i 70 Subdivision City Blocks Address_ 1441 Anderson , Zone R 3 Section of Code Ordinance 68-Cc Section 26-45 in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Plans and Site Plans portray penetration of 10 ft. into sideyard corner lot in violation of Ordinance 68-C, Section 26-45. My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: Letters attached All necessary floor plans, plot plans, and other pertinent information are attached hereto, on paper size 81," x 14" for copy reproductions. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed withone one year from date of grant. r Date: Very truly yours, 1i t!- 11/16/76 r. ! KENNEDY VARIANCE - Cornor Lot Setback it is our desire to develop this li-3 property in a manner that will be aesthetically pleasing and will preoorvr, the residential character of the neighborhood. To accomplish this it would be necessary to reduce the number of units allowed on the property from ten to eight and build four duplexes instead of one or two apartment buildings. The code requires a 25 ft. setback from Lake Avenue on this property. However, since Lake Avenue has a 100 ft. right-of-way at this point a variance to 15 ft. setback would still leave 65 feet from the center line of Lake Avenue. With this additional 10 feet of setback we can meet the desired sep- aration of 18 feet between buildings, again preserving the res- idential character of the neighborhood. '1'U `dliM IT NAI GUMMU: 4Jo, tlrr.� erulntvllfr,ne;d, r 10, to duc].;rre thr.ct; we favor' tho brc:ntfnt of the vn.rinncr;a ncco:;e cry f'or th,a ctonr)truetlor) of the fOUT' duplexet; on Cho rirapc'-rty of 'Phomcu; L'ennecly ttnil Leroy W3tecorl at the oor'ncr of I,inBnn Street rrn0 Lake Avetnr(1. PI,I;ASE PRINT Oil TY(' TO THE ZONING BOARD Of ADJUSTMENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME:_ ADDRESS Thomas E. Kennedy #1 1441 Anderson Street Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct (X ), Move and Place ( ), a (sign) building on lot/s_ 1j 2, 3,41 5, & 50' of Lot G _M_,_, Block .—__70T^ Subdivision City Blocks_ Address 1441_ Anderson Street Zone R 3 Section of Code Ordinance 68-C: Section 26-12 in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Plans and Site Plans portray placement of Duplex structures on insufficient frontage' footage as required under Ordinance 1168-C, Section 26-12, 100 ft. frontage for Duplex units. - My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: See Letters attached All necessary floor plans, plot plans, and other pertinent information are attached hereto, on paper size B!;" x 14" for copy reproductions. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed withone one year from date of grant. Date: /z- Very truly yours, �y 11/16/76 KLNUDY VARIANCE - - 100 ft. Frontage ) It in our desirn to develop this R-3 property in a mannor that: will be aesthetically plean,ing and will presorve the resid.ontinl character of the neighborhood. To accomplish this it would be necessary to reduce the number of units allowed on the property from ton to olght and build four duplexes instead of one or two apartment buildings. The code requires that each duplex, even in H-3 zoning, have 100 ft. frontage the same as a triplex, fourplex, or multi- family building. Vie therefore request this variance so that we may use duplexes to accomplish our, purpose. Then, by having a different appearance for each building (roof lines, etc.), we will not take away from the beauty of the neighborhood. MINUTES MJ,3fi3 Mr. Searles reported to Council of his concern regarding the lack of signs approaching the city on Highway N27 extending welcome to the city and advertising its Civic Clubs via their appropriate logo; That in order to generate such a project and utilize the base of the two existing signs that are in bad state of repair and non -distinguishable, he had obtained a cost for new construc- tion 0 $1489.20 and agreement from the local civic clubs to fund 30% of such cost, if Council would fund the balance. Motion was made by Mayor Smoak, seconded by Councilman Byrd and unanimously carried that this matter be referrers to City Manager Tiffan toy nvesti'ate thepossibility,and to develop for r C�oun�cill-'s cons erid ation a terna- t ve costs for both size and ty es of signs, -submit s recommen a- tion regarding t e request of Mr. Sear es. PROPOSED OPTION AGREEMENT -EXCHANGE OF CITY HALL PROPERTY City Attorney Baird submitted a proposed option agreement regarding possible exchange of the city hall property for the former Exchange Bank building property, for Council's consideration. Following con- sideration of the document, it was the recommendation of Mr. Baird that the "Proof of Title" portion be amended to: "Each party shall deliver to the other within 20 days of the exercise of this option, an abstract or title insurance binder", whereupon motion was made b Councilman Blackburn, seconded by Councilman Schroel and dmous'ly carried that the amendment be accepted and the option be executed by the appropriate officials. LEASE AGREEMENT -COUNTY OWNED PROPERTY City Attorney Baird advised the previously executed lease agreement pertaining to county owned property between Lake County and the City had been amended and returned for Council's consideration; That the amendment pertained to Section XIII LIABILITY INSURANCE which reads, "The Lessee agrees to obtain liability insurance in the amount of $100,000.00 for personal liability and $20,000.00 for property damage to jointly protect the Lessor and the Lessee, "or, such higher limits as proscribed by Florida Statutes as to liability of the County", and recommended its acceptance. Motion was made b Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that t e amendment be accepted and the Mayor and City Clerk be authorized to execute same. It was the suggestion of Mayor Smoak that City Manager Tiffany evaluate the property under this lease agreement, communicate with all interested persons of sub -letting the property, and submit his recommendations for council's consideration. FINANCE DIRECTOR'S REPORT Finance Director Sanchez reported that inasmuch as the sanitary sewer and water improvements loan from Farmers Home Administration had not yet been finalized, the city was still involved with interim financing from the State of Florida and Peoples State Bank of Groveland; That the loan from Peoples State Bank had been obtained at an interest rate of 6127, but since that time there had been a dramatic decrease in interest rates, and they were willing to re -finance the loan at an interest rate of 5;4%. Motion was made by Councilman Byrd, seconded by Mayor Smoak and unanimously carried that the appropriate persons be authorized to re -negotiate and re -finance the existing loan with Peoples State Bank at an interest rate of 5;,%. MINUTES N1.11.364 MAYOR SMOAK'S REMARKS Mayor Smoak advised that with the near approach of the New Year, he had evaluated the city's functions and business during this year, of which he was pleased and proud to have been a part of, and he desired at this time to express his appreciation to fellow members of Council, City Attorney Baird, and members of the city staff for duties performed and cooperation extended in making it all possible. COMMUNICATIONS City Clerk Carroll reported on a communication received wherein permission was requested by the Future Business Leaders of America of Clermont High School to sponsor a dance in Jenkins Auditorium on January 14, 1977. Motion was made by Councilman rd second— ed buncilman [Ionan us y carried that the requedsc� r ranted ed all aes held in the Auditorium are met. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Mayor Smoak and carried that the bills be paid. A copy is attached hereto. BID AWARDS City Manager Tiffany advised that three bids for air conditioning and heating maintenance had been submitted as follows: Kennedy Company $96.00/month ($158 full -service alternate) Wood Heating & Cooling $130.00/month True Temp $16.50/hour That the bids were in order as per specifications submitted, and he would recommend that the low bid of Kennedy Company be accepted. Motion was made by Councilman Blackburn seconded by Councilman Honey and unanimously carried that the recommendation of City Manager Tiffany be accepted. City Manager Tiffany advised that a single bid for petroleum products had been submitted by W. M. Teal as follows: Regular @ 404/gal No Lead @ 419/gal Diesel @ .410 30W Oil @ $12.90 per case 1OW40 @ $16.50 per case That the bid was in order as per specifications submitted, and he would recommend that it be accepted. Motion was made by Councilman Blackburn seconded by Councilman Byrd and unanimously carried hat the City Managers recommendation be accepted PROPERTY OFFER TO CITY City Manager Tiffany reported on an offer received from Mrs Dorothy Wolfe Smith to donate a 1.52 acre parcel of real property to the city; That said property is located directly north of the Sewage Treatment Plant, which he felt could be utilized for a variety of city purposes, and he would therefore recommend that the offer be accepted. Motion Ask M 1N UTES N91.365 was mado by Councilman Byr(I,._seconded.hy_Cauncllman Blackburn and unanimously carrie(T fiat A RESOLUTION OI THE CI'K COUNCIL OF THE C1 TY QF CLLRMONT, LAKE CUTIN'I� fl0RIOAa ACCCPI ING'ANII 11PPR'OV1NG'TFIE GItIfffffTG OF CURTAIN REAL RPOPLRT IN'�IIIL. CITY Q� CLCRI OT N1—C3� DDROTIIYldUTFL' Stdl'f1i�10 1lll CI'CY OF CL�ftMUNT,�acce t� and executed >b tTic Fay_or and C1yClcrlZ Tic osolution was read in iulT-ly City Clark a�rroll, aR&TfiinfuniGc'r 288 assigned to it. City Manager Tiffany was requested to communicate Council's appreciation to Mrs. Smith for her generous offer. ORDINANCES Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE COD[ OF ORDINA IS 0-- F TTIE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 24-2 OF THE CODE OF ORDINANCES: PROVIDING FOR PARKING OF TRAILERS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVE•RABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Schroedel, Byrd, Honey, and Smoak. Total Ayes: Five. Nayes: None. So the ordinance was adopted and the Number 155-C assigned to it. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 26-79.1 OF ARTICLE X OF APPENDIX A OF THE CODE OF ORDINANCES; PROVIDING FOR VEHICLE/PORTABLE SIGNS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Byrd, Blackburn, Schroedel, Honey, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 156-C assigned to it. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 8:30 P. M. Claud E. Smoak, Jr., Mayo D6Wes W. Carroll, City c I erk Application Is :,m::,,, ,_.I 1:1- Clermont Jonkins Civic Audi t or i m r / / r� l `! ;!.1. _b'!tween the hnurs of rl !.-! CI iLc. . Iv.ncs is sponsored by c / and the foll,-ming named four nr ou:r, persons eri'll be in attendance as chaperone!.: j)11) . l r. �l<r r,_e )jh" Po.A"'Y I/We understand that X%rle are to pay a rental fee of $2.00 per hour with a mirinrwo of .$6.00. I/Wa further understand and agree that I/We am/are responsible For any vandalism, or damage to the building and/or fixtures and as assurance of such responsibility I/We are posting $50.00 as surety with the Chamber of Commerce Secretary. It is my/our understanding that the $50.00 surety, less rental fees, )ill be returned to ma/us trithin five days following the dance providing that the auditorium and/or rIxi:uras are not damaged. Lj-Date onsors b'y - i TO: City Council FROM: City Manager SUBJECT: Air Conditioning and Heating Maintenance Bids DATE: December 17, 1976 An advertisement soliciting bids for a two-year Air Conditioning and Heating Maintenance contract appeared in the South Lake Press on November 24, 1976. Invitations to bid were mailed to area contractors. Three bids were received: (1) Kennedy Company $96.00/month ($158 full -service alternate) (2) Wood Heating and Cooling $130/month (3) True Temp $16.50/hour The specifications are the same as for our present contract with Wood - briefly, to provide planned service on equipment located at Police -Fire Station, Jenkins Auditorium, City Hall and Court Room, including monthly inspections and maintenance in good operating condition. Our 1975-76 Contract with Wood was for $130/month. I recommend accepting the low bid of $96.00 from Kennedy and Company. ordon Tiffany cc: City Clerk (12/21/76 ) TO: City Council FROM: City Manager SUBJECT: Petroleum Products Bid DATE: December 17, 1976 An advertisement for bids on petroleum products for the 24 months beginning January 1, 1977 was published in the South Lake Press on November 24, 1976. Invitations to bid were sent to area dealers. One bid was received, and was opened yesterday in my office. W. 14. Teal, Winter Garden (our current supplier) submitted the single bid. Tank wagon prices quoted at date of delivery are the same as now being charged (.404/gal. for Regular; .419/gal.. for No Lead; and .410 for Diesel). The tank wagon price will vary over the contract period as the wholesale price changes. Prices on oil have increased from $10.80 to $12.90 per case for 30 weight, and from $16.14 to $16.50 per case for 1ON40. Our specifications called for the supplier to furnish, without cost, the following equipment (1) 1 2 hp Air Compressor (2) 2 500 Gallon Skid Tanks (3) 2 2000 Gallon Underground Tanks (4)) Electric Pumps (5) High Vac Hand Pumps - --- (6) 1 Twin Post Lift - 20,000 lb capacity I recommend accepting the bid of W. M. Teal to supply specified petroleum products and equipment for 24 months beginning January 1, 1977. A4� �L- { i Gordon Tiffany y cc: City Clerk (12/21/76 Agenda) TO: City Council FROM: City Manager SUBJECT: Dorothy Wolfe Smith Property Offer DATE•: December 17, 1976 Dorothy Wolfe Smith has offered to give to the City the parcel of land directly north of the Sewage Treatment Plant and west of the north Johnson sprayfield. A recent appraisal of this 1.52 acre parcel puts its value at $4,500. Possible future City uses of this property are as an extension of our present sprayfield, or as expansion area for City facilities at the Plant. I recommend authorizing the City Attorney to prepare the necessary documents, and authorizing the Mayor and City Clerk to execute documents accepting this property.;. (For tax reasons, Mrs. Smith requires title transfer by December j. 31.) ' Gordon Tiffany cc: City Clerk (12/21/76 Agenda) I l�l� rl/ (). b'III old u 1 Wnn1 rinlu 19nni bunnud. Ilwida 37711 • ehinur (904) :104 31,11 I)eeember 22, P)7G tors. 1)nrothy WoIfe S1,11th 1375 fifth Street Clormont, Florida 32711 Dear 14r•s. Smith: By the enrlused resolution, the. City Council has accepted your generous offer of the described property which was recently appraised at $4,500 value. Your gift of this property will benefit all of the citizens of Cler•nlont by providing land adjacent to our Sewage Treatment Plant that is suitable for a variety of City purposes. City Attorney Leonard Baird is handling legal procedures to transfer title to the City. On behalf of the City Council thank you again for giving this valuable property to the City. Best regards, Sincerely, I Gordon Tiffany City Manager Enclosure GT/md cc: City Attorney FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY s I;fs(,l..trrtnfl rID, �9ri A rw,�olutinn of thu Glty CUMV:iI of thr: City ul Cleruwnt, Lake County, IIoridd, accept.in(I and apprnving the nr,u11.111g of ccrtaln rea'I pro pertyy In tho CiLy of Clermont, by Dor•ot.hy 1101fe Smith to the City of (:If:"Won t. WHERL'AS, Dorothy Wnlfc Sild(.11, is t.hc owner in fee simple of certain real property in fire City of Clermont, Lake County, F101-i(Ia, d!serihed as: The South 2.20 feet of the East 300 feet: of Government Lot 2, Section 2.3, Township 22 Sool.h, Rangn 25 East, Lake County, FIurida. WHEREAS, Dorothy Wolfe Smith desires to grant: and donate to the City of Clermont the above -described property by good and sufficient Warranty Deed, and WHF..RIiAS, the City Council of the City of Clermont does hereby accept and approve the above -described conveyance. NOW, THEREFORE, be it resolved by the City Council of the City of Clermont that the proposed granting and donating of the above -described real property by Dorothy Wolfe Smith is hereby accepted and approved. DONE AND RESOLVED this 215t day of December, 1976. CITY OFF�ICCL'ERMONT � By:_(�s__l��r�C" Y Claude E. Smoak, dr., iayor ATTEST: Dolores W. Carroll, City (aerk ? wic GENERAL FUND Cnl IIaSaLrom Clomontn' Grant RenLaurant EngalIa Freeman'n Rapnir Fln. Talphono Corp. Fin. Power Corp. Goodyear Service Center. Celli Chemical Co. Hughes Supply IBM Kathy Lynn John Hopkins Lnnicr Business ProducL•s Municipal Equip Co. Mid Fla. Corp. National Bond & Tag Co. Orlando Paving Co. Publix Super Markets, Inc. Rally Chry-Ply. Stephen W. Gray The Daily Commercial Transtat Equip, Inc. Western Auto Wood Heating & Cooling Lake Apopka Natural Gas Dist AML ACCOUNTS PAYABLE DECEMBER 1976 (Rental -Copier) (PanL Control) (Prinonorn Menlo) (Unlformn) (Expanded Metal.) (Uti.l.it Loll) (Util.iL•ion) (Tlron) (Janitoral Supplier) (Cale Valves) (Office Supplies) (Prisoners Meals) (Lot Mowing -Reimbursable) (Mainz. Contract) (Filter Element) (SoapStone, Tipa, 6 Steelarc) (Dog Tags) (Asphalt) (Gift Certificates) (Brake Pads) (Plumbing Repairs -Jenkins Audit.) (Publication) (Toter Handlers) (Batteries) (Repairs & Maint) (Utilities) UTILITIES DEPARTMENT Consolidated Chem.Corp of Fla. (Chemicals) Flu. Telphone Corp. (Utilities) Fla. Power Corp. (Utilities) Hughes Supply (Inventory Supplies) Kennedy Co. (Repair Freon Leak -Evaporator) Moreland Chem. Co. (Chlorine & HTH) NCR Corporation (Office Supplies) Oxford Chemicals (Lab. Soap) Orlando Laboratories, Inc. (Environmental Analyses) 175.00- 9.00 68.25 A . 55 10.00 359.03 4208.45 279.84 50.85 158.11 37.75 68.30 50.00 60.16 21.73 16.65 27.99 46.31 590.00 37.47 30.80 9.36 12.39 16.80 161.00 94.50 6624.29 261.25 12.96 3885.87 152.53 77.50 356.95 120.00 63.97 342.00 5273.00