08-14-1979 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in
the Council Chambers on Tuesday, August 14, 1979. The meeting was called
to order by Mayor Pro-Tern Byrd at 7:30 P.M. with the following members
present: Councilmen Honey, Schroedel, and Cole. Other officials present
were: City Manager Forbes, City Attorney Baird, City Clerk Carroll,
Building Official Nagel, and Chief of Police Tyndal. Others present were:
Miss Tracey Smoak; Mr. & Mrs. Ben Blackburn, Mr. & Mrs. W. B. Perry, Mr.
and Mrs. Jerry Meilan, Mr. and Mrs. A. W. Schultz, Mr. and Mrs. Ralph
Roane; Mesdames Hunt, Hanks, Smoak, Mitchell, Rathwick, Shaw, Brice, Allison,
and the Messrs. Meginley, Czech, Carroll,Fleming, Jones, Wilcox, Searles,
Johnstone, Reynolds, Jackson, Cantwell, Law, Boney, McMahon, Terry, Seitz,
Matthews, Harris, Shepard, Post, Evans, Bolio, Thomas, Washuta, Tracey,
Neilson, and Kelley. A representative of the Sentinel/Star was also
present.
The invocation was offered by Councilman Byrd, followed by repeating of the
Pledge of Allegiance in unison by those present.
The Minutes of the Regular Meeting held on July 24, 1979 were approved as
written.
VARIANCE REQUEST
City Council, sitting as a Board of Adjustment, considered a request
by Mr. William A. Kelley for a Variance to Section 26-21 (E) (3)
(R-l URBAN RESIDENTIAL DISTRICT-REAR YARD SETBACKS) of the Zoning
Ordinance in order to extend and enclose a patio on his property
located at 261 Edgewood Drive. Mr. Kelley appeared before Council
in support of his request, and advised that he desired to extend
and enclose an existing patio of sufficient size to accomodate
standard porch furniture, and in order to do so, it would be
necessary to penetrate the rear yard setback by 3'8". Inquiry was
made from the Chair as to anyone present who desired to address the
matter, and there being none, motion was made by Councilman
Schroedel. seconded by Councilman Cole and unanimously carried
that the request be granted.
Continuing to sit as a Board of Adjustment, Council considered
a request by Mrs. Esther S. Fox for a Variance to Section 26-20
(C) (2) (R1A URBAN RESIDENTIAL DISTRICT-LOT WIDTH) of the Zoning
Ordinance in order to sell a vacant portion of her property as
a buildable lot. In the absence of Mrs. Fox due to illness, City
Manager Forbes advised that Mrs. Fox is the owner of Lots 6 and
7 in Clermont Heights Subdivision, with her residence being located
on Lot 7 and Lot 6 being vacant; That she desires to sell the lots
separately, but inasmuch as the vacant lot width is only 96 feet,
it would be necessary that a 4' variance be granted in order for
it to be buildable; and, That all other setback requirements could
be met. Mr. Forbes further advised that a variance for this same
request had been granted to Mrs. Fox in January, 1974, but she had
decided to not sell the property at that time, and the variance
had expired after one year. Following inquiry from the Chair as to
anyone present who desired to address the matter, and there being
none, motion was made by Councilman Schroedel, seconded by Council-
man Honey and unanimously carried that the request be granted.
Still continuing to sit as a Board of Adjustment, Council con-
sidered a request by Mr. Ralph A. Roane for a Variance to Chapter
20-Subdivision, and Section 26-21 (C) (2) (Rl URBAN RESIDENTIAL
DISTRICT-LOT WIDTH REQUIREMENTS) of the Zoning Ordinance in order
to allow him to plat three lots with a building width of 73.3'
instead of the required 75' in Oakhurst Subdivision. Mr. Roane
was present in support of his request, and advised that each of
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the three lots would have over 20,000 square feet and be at a
depth of 288 feet, which is substantially above that of Rl zoning
requirements, and, that all other provisions of the Ordinance
could be met. Following inquiry from the Chair if there be any-
one present who desired to address the matter and there being none,
motion was made by Councilman Honey, seconded by Councilman
Schroedel and unanimously carried that the request be granted.
Mayor Smoak arrived at the meeting at this time and assumed the Chair.
CONDITIONAL USE PERMIT
City Council considered a request by Mr. Charles E. Arnett for a
Conditional Use Permit to utilize Building No. 3 in the Winn Dixie
Shopping Plaza at 731 East Highway 50 in order to conduct church
services. The Reverend Darryl Jackson, representative of the
petitioner, appeared before Council to advise that they wished to
utilize the building to establish a district headquarters for the
Workers of the World Pentecostal Church which would conduct church
services, air radio programs, offer use of the building for a
social service center, and offer senior and youth group services
such as bridge games, bingo, and other like activities. Mr.
Richard R. Reynolds, owner of the Shopping Plaza, appeared in support
of the request, advising nhat he felt use of the building for
church services and other church related activities would be an
asset to the building and the community as opposed to use of the
building for a roller rink, a disco dance hall, game room, etc.
which would be allowed in that location, and for which he had
previously refused numerous requests inasmuch as he did not feel
such uses would be compatible with the existing businesses in the
area; and, That in contacting all the existing tenants in the Plaza
regarding the matter, only a single tenant, the Sun Bank, had voiced
opposition at the P&Z Commission hearing. City Manager Forbes advised
of the Planning & Zoning Commission's recommendation following their
Public Hearing held on the matter on August 7th at which time they felt
the proposed location lends itself more toward a business/retail
district as presently exists, and thereupon recommended that the
request be denied. City Clerk Carroll read a communication from
Mrs. Mary F. Rook, an abutting property owner, in opposition to
the request. Mr. Ray McMahon submitted a photograph and written
description of a like facility as operated by the Workers of the
World Pentecostal Church in the Orlando area for Council's use in
their consideration of the matter. Mr. Jim Meginley, a member of
the P&Z Commission, expressed concern that the proposed use is not
to meet an existing need in the community inasmuch as they have
no existing organized congregation in the City. Mr. Meginley
further expressed concern as to the proposed function of the organi-
zation based on their request to utilize the building for church
services inasmuch as an on-site observation of their location on
West Colonial Drive in Orlando has revealed the advertisement for
Bingo in large bold letters as opposed to a small designation of
"Old Country Church", and his advisement of parking and traffic
problems created at another of their locations in the Eastland
Shopping Center in Orlando which he was fearful of happening in
the City due to the increased seating capacity of the building
since its initial construction to house a Pharmacy. Councilman
Byrd opined that a church in the proposed business area location
is not required; That it would not be desirable in that location;
That, in fact, it might possibly be detrimental to the business
community in which it is sought to be located; and, That he would
thereupon move that the request be denied. The motion was seconded
by Mayor Smoak and unanimously carried.
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LAND FILLING
Mr. William J. Bolio of Lot 167 in Emerald Lakes Mobile Home Park
appeared before Council to solicit their approval of land filling
which he has completed along the shoreline of Lake Palatlakaha to
the rear of his residence; That the filling had been done without
benefit of proper permits as required by the State Department of
Environmental Regulation; and, That he had been notified that app-
roval must be obtained from the City Council for filling waterward
of the existing mean/ordinary high water line prior to any further
consideration of his after-the-fact application to DER. Mr. Bolio
further advised he had made the fill in order to level and raise
the sod level as the rear of his lot was waterlogged by the Palat-
lakaha Marsh. A copy of his Permit Application Appraisal was
submitted for Council's consideration, and it shall become a part
of these Minutes. Following consideration of the biological comments
as forwarded by DER, and in agreement with their recommendation to
a stipulation that no additional fill can be added to that which has
already been deposited and no material be deposited in the future
waterward of the line of ordinary high water to replace erosion,
it was the consensus of Council that the filling would have no
detrimental effect, whereupon motion was made by Councilman Schroedel,
seconded by Councilman Honey and unanimously carried that the
necessary approval be granted.
COMPREHENSIVE PLAN
City Manager Forbes advised of communication from the State wherein
they indicated that the proposed second part of the City's Comprehen-
sive Plan meets the State Law and they have no objections to the
Elements of the Plan; That it would not be necessary that public
hearings be held to allow the public to consider the Plan, and he
had set these dates to be September 11th and September 25th.
SOUTH LAKE PLAYERS
City Manager Forbes advised of a request by the South Lake Players
for use of the Jenkins Auditorium at no cost for their next series
of plays in the new season. Motion was made by Councilman Byrd,
seconded by Councilman Honey and unanimously carried that the South
Lake Players be granted use of the Jenkins Auditorium for their
second season of plays under the same provisions as granted for the
initial season.
LAKE SHORE DRIVE
A communication was submitted to Council from Mrs. Catherine Rathwick
of 160 East Lake Shore Drive wherein she expressed concern to the
City's proposal for abandoning certain parcels of property between
Lake Shore Drive and Lake Minnehaha, and requested that a Public
Hearing be held prior to any action by the Council. Mayor Smoak
advised that due to the construction of the road, there are existing
city utilities on private property in several areas along Lake Shore
Drive, and in order to alleviate this problem the City is proposing
to negotiate Quit Claim Deeds between the City and adjacent property
owners for property on both sides of the street in an exchange
thereby adding to the ad valorem tax roll and relieving the City
from encroachment on private property. City Attorney Baird advised
that the pertinent information and instruments had been delivered
to the owners of the 12 parcels of property in question, and as soon
as they have been considered, executed, and returned, he would
submit the matter to Council for consideration. Mayor Smoak advised a
public hearing would be held at that time. He further suggested, and
Council was in agreement, that City Manager Forbes keep in contact
with Mrs. Rathwick as to progress in the matter.
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WATER QUALITY STUDY STATUS
With regards the proposed comprehensive water study which was
initiated through the City of Clermont, Mayor Smoak reported on
a very positive attitude todate from the various agencies which
he had contacted, committing themselves to either man hours or
financial assistance, and in some instances, both; That the Okla-
waha River Basin Board had committed $2000 to help fund a project
director, and the technical areas in which they will participate
will be forthcoming; That the City of Mascotte had unanimously
agreed to support the project on a priority basis, and had committed
$1500; That the Lake County Soil and Water Conservation District
had set it up as their first priority and committed up to one-half
man year of time within budgetary constraints; That the Lake County
Pollution Control Board had set it as a number one priority and had
unanimously appointed Mr. Ted wicks to serve on a technical advisory
committee within the agencies; That he had appeared before the City
of Minneola, who had elected to consider the matter further; and,
That he would be appearing before the Groveland City Council and the
Lake County Waterways Authority within the next week.
TRAFFIC CONTROL
Councilman Cole advised of a need for additional traffic control
signs in the Lincoln Park area, particularly for Speed Limit signs
on Bloxam and Highland Avenues, and East DeSoto and Pitt Streets,
and, Stop signs on Disston Avenue and Scott Street. It was the
suggestion of Mayor Smoak, and Council was in agreement, that City
Manager Forbes be instructed to conduct a complete survey of the area
as to the adequacy of the signalization and signs, and report back
to Council as to his recommendations for rectifying any deficiencies
in that area.
RECREATION AND LANDSCAPE COMMITTEE REPORTS
Mayor Smoak expressed commendation to the Recreation and Landscape
Committees for their tremendous efforts in compiling special reports
of their findings and recommendations in those areas which will be
used by the City Council as a guide in decisions that relate to
parks and recreation facilities, and landscaping throughout the
City. Mayor Smoak introduced the chairpersons of those committees,
Mr. Dennis K. Thomas and Mrs. Arlene Hanks, who in turn introduced
the members of their committee, followed by an in-depth review of
their report which was vvell received by all present. Motion was
made by Councilman Byrd, seconded by Councilman Schroedel and
unanimously carried that the reports be accepted, and City Manager
Forbes be instructed to proceed with working with the committees
closely to instigate implementation of the immediate and short term
objectives as recommended. Copies of these reports are a part of
these Minutes and are available to the general public.
CHAMBER OF COMMERCE
Mr. Phil Searles, Executive Director of the Chamber of Commerce
appeared before Council in support of the Chamber's request for
financial assistance in fiscal year 1979-80, and presented a
Resolution wherein the primary effort of the Chamber would be
directed toward increasing the economic base of the community,
and to support community activities, but not necessarily be the
primary sponsor. Mayor Smoak advised that funding in the amount
of $5000 as request is included in the proposed 79-80 budget,
which he intended to support, but in order to more directly identify
and justify public funding to the Clermont-Minneola Area Chamber of
Commerce, he would request that a more closely working relationship
be established between the Council and the Chamber as to how the
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funds are distributed. Mayor Smoak opined that a mutual end of the
Council and the Chamber is to achieve growth in the community, but
to assure that such growth is with the retention of the character of
the community that the people in the community want retained.
SAFETY EQUIPMENT
City Manager Forbes advised that following an on-site safety
survey by a representative of the State Industrial Safety and
Health Division, communication had been received from the State
requiring that certain safety equipment for use in the Utilities
Department be obtained within 30 days; That the estimated cost
for the necessary equipment is $2100, and he recommended authori-
zation be granted to immediately purchase same. Motion was made
by Councilman Honey, seconded by Councilman Cole and unanimously
carried that authorization be granted as requested.
FLORIDA LEAGUE OF CITIES, INC.
City Manager Forbes advised of a request from the Florida League
of Cities, Inc. to designate a voting representative from the City
at the annual convention to be held in Kissimmee on October 25th
thru the 27th. Motion was made by Councilman Schroedel, seconded
by Councilman Honey and carried that Mayor Smoak be so designated.
ORDINANCES
Councilman Honey introduced AN EMERGENCY ORDINANCE OF THE CITY
OF CLE~10NT, LAKE COUNTY, FLORIDA, ADOPTING THE UTILITIES FUND
BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80;
AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and
the Ordinance was read for a first reading by City Clerk Carroll
by title only. Due to existing bond requirements that the Utilities
Budget be adopted 45 days prior to the new fiscal year, Councilman
Byrd offered and moved the adoption of AN EMERGENCY ORDINANCE OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE UTILITIES
FUND BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80;
AU~HORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and
the motion was seconded by Councilman Schroedel. The Ordinance was
read for a second and final reading by title only by City Clerk
Carroll, and upon roll call vote on passage of the motion, the
result was: Ayes: Honey, Cole, Schroedel, Byrd, and Smoak. Total
Ayes: Five. Nayes: None. So the Ordinance was adopted the the
Number 120-M assigned to it.
Councilman Honey introduced AN ORDINANCE PROVIDING A BUDGET OF
EXPENSES FOR THE GENERAL OPERATIONS OF THE GOVERNMENT OF THE
CITY OF CLERMONT FOR THE FISCAL YEAR OF 1979-80 AND MAKING
APPROPRIATIONS THEREFORE; PROVIDING A TAX LEVY ON ALL PROPERTY
IN THE CITY OF CLERMONT FOR THE YEAR 1979 FOR THE GENERAL OPER-
ATION EXPENSE OF THE CITY OF CLERMONT, and the Ordinance was read
for a first reading by City Clerk Carroll by title only.
Councilman Schroedel introduced AN ORDINANCE OF THE CITY OF CLERMONT,
FLORIDA, ADOPTING THE SANITATION SERVICE BUDGET FOR THE CITY OF
CLERMONT FOR THE FISCAL YEAR 1979-80; AUTHORIZING RECEIPTS AND
DISBURSEMENTS CONTAINED THEREIN, and the Ordinance was read for a
first reading by City Clerk Carroll by title only.
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Councilman Honey introduced AN ORDINANCE OF THE CITY OF CLERMONT,
FLORIDA, ADOPTING THE UTILITIES FUND BUDGET FOR THE CITY OF
CLERMONT FOR THE FISCAL YEAR 1979-80; AUTHORIZING RECEIPTS AND
DISBURSEMENTS CONTAINED HEREWITH, and the Ordinance was read
for a first reading by City Clerk Carroll by title only.
RESIGNATION
With deepest regrets, Councilman Honey announced his resignation
from the City Council, effective the last of August, due to his
relocation in the Jacksonville area. He further advised of his
pleasure in serving on the City Council, and the splendid co-
operation afforded him by fellow members of Council and the City
Staff. Motion was made by Mayor Smoak that the resignation be
accepted with regrets, and an appropriate plaque be obtained for
presentation to Mr. Honey commending him for his dedication, work,
and services while serving as a member of the City Council. The
motion was seconded by Counc~lman Byrd and carried.
There being no further business to be brought before the Council at this
time, the meeting was adjourned by Mayor Smoak at 10:50 P.M.
CLA()1 ~ - Hayor
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DOLO ES W. CARROLL - City Clerk