04-24-1979 Regular Meeting
e
.
.
e
CITY OF CLERMONT
MINUTES
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers
on Tuesday, April 24, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E.
Smoak, Jr., with the following members present: Councilmen Cole, Byrd, and Honey. Other
officials present were: City Manager Forbes, City Attorney Baird,City Clerk Carroll, Finance
Director Sanchez, and Chief of Police Tyndal. Others present were: Mr. & Mrs. Dan H. Judy,
and the Messrs. VanderMeer, Sargent, Sheppard, Thomas, Searles, Czech, and Weaver. Mr. C. J.
Bonnell, Sr. representative of The Leesbury Daily Commercial, 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 April 10, 1979 were approved as written.
PUBLIC HEARING
City Council considered a request by Mr. Dan H. Judy for a classification of use in order
to utilize Lots 7, 8, and 9, in City Block 75, a C-2 General Commercial District, for
construction of a mini-warehouse. As previously requested by Council, and in conjunction
with Mr. Judy, City Manager Forbes submitted proposed conditions that should be required
for a mini-warehouse in this location, based on an extensive research as to possible
problems that could be created by mini-warehouses. Opining that such possible problems
could be catagorized in importance as to "Keeping it a Warehouse", "Attractiveness", and
"Safety", and to insure that such provisions are met, he recommended that the following
items be made a part of the mini-warehouse lease agreement and a copy filed with the
City Building Department:
(A) All storage shall be within a completely enclosed building, and no
other activities except the storage of materials may be conducted in the
building.
(B) No auctions or commercial sales shall be conducted on the site.
(C) The servicing or repair of motor vehicles, boats, trailers, lawn mowers
and other similar equipment, shall not be conducted on the premises except
by the owner on his own equipment.
(D) The area shall be properly policed by the owner or operator for the removal
of trash or debris.
(E) Any storage of materials or use of said warehouse that creates a danger of
fire or explosion, is prohibited. Specific regulations as set forth by
the City of Clermont's Fire Chief, must be met.
(F) Every use shall be operated as to prevent the emission of the glare of
lights, odors, or noise, to abutting property owners.
City Manager Forbes further submitted a special report on Mini-Warehousing to Council
wherein he advised that general planning theory recognizes a major difference between
mini-warehousing and conventional warehousing with major emphasis placed on location and
site requirements, and that The American Planning Association believes that at the
present time, mini-warehouses can be best addressed as a Conditional Use. Dr. Thomas
D. Weaver, an abutting property owner who arrived at the meeting after the proposed
conditions had been discussed, reiterated his position as presented at the previous
meeting wherein he expressed concern as to storage of explosive and/or flammable materials,
and he was provided with a copy of the proposed conditions that contain address to his
concern in Item (e). Following inquiry from the Chair as to anyone else present that
desired to comment on the matter, and there being none, Councilman Byrd advised of his
desire to acknowledge the communication from the Library Board urging an indepth study
by Council as to possible heavy increase of commercial and industrial traffic in the
area should the request be granted to allow such construction, and he felt this had been
addressed in the special report submitted on mini-warehousing wherein it reflected that
mini-warehouses serve the general public as opposed to commercial and industrial clients,
and thereby do not generate heavy truck traffic; That in reviewing the proposed uses of
the mini-warehouse, he felt they were very similar in character to many of the designated
permitted uses in a C-2 zoning district; and, That he would thereby move that a classifi-
cation of use for a mini-warehouse in the location as requested by Mr. Judy be granted, and
e
.
.
e
CITY OF CLERMONT
MINUTES
the necessary Resolution be prepared to grant a CUP to allow construction of a mlnl-
warehouse subject to the conditions as outlined by City Manager Forbes and agreed to by
the petitioner. The motion was seconded by Councilman Honey and unanimously carried.
Mayor Smoak thereupon moved that upon execution of the CUP agreement by Mr. Judy, that
it be forwarded for recording in the public records for future reference as to the
restrictions and specific use of that business in that location should there be a change
of ownership in the business. The motion was seconded by Councilman Byrd and unanimously
carried.
FIRST CHRISTIAN CHURCH CUP CONDITION
City Manager Forbes advised of the Lake County Pollution Control Board's requirement
for an on-site storm water retention facility on the First Christian Church property
to retain the first 3~ inches of water in a two hour storm; That he had reviewed this
matter further with the Church Board Chairman Wayne Sheppard, and he had agreed to re-
construction of a facility similar to the one recently removed. City Manager Forbes
thereupon recommended that the Church be allowed to submit a site plan reflecting the
type and dimensions of the facility to be constructed for review and approval of he and
City Engineer Springstead, and a time be set for completion of construction. Motion was
made by Councilman Honey, seconded by Councilman Cole and unanimously carried that the
City Manager's recommendation be accepted, and a time set for construction completion
at 60 days.
LINCOLN PARK FACILITIES
City Manager Forbes advised of permission from Principal Cockcroft of the Junior High
School to construct a softball diamond on the old football field at the school, and if
Council concurs, construction could begin in approximately one month. He further advised
of Mr. Cockcroft's agreement to ask the County for fill dirt to help with such construction.
Motion was made by Mayor Smoak, seconded by Councilman Honey and carried that such
construction be authorized, and that City Manager Forbes be instructed to pursue a
written understanding with Mr. Cockcroft as to what the City proposes on the property
and the proposed participation by the County, prior to start of construction.
ELEMENTARY SCHOOL SOFTBALL FIELD GATE
As requested by Council, City Manager Forbes advised of contact with Principal McLean of
the Elementary School regarding the possibility of leaving the gate unlocked at the
softball field which is located closest to the bleachers, and he had advised it had
been locked to prevent rowdy children from playing in the lighted street area at that
location, and because of complaints from the abutting property owners, but that he would
be agreeable to leaving it open on a trial basis if a fence were constructed across the
outfield between the tennis courts and the building to alleviate vandalism problems
which he felt were creating from the ballpark. It was the suggestion of Mayor Smoak, and
Council was in agreement, that the request be remade now that the traffic flow in that
area has been restricted except to the residents adjacent to the ball field; That Council
consider funding for the fence construction in next fiscal year's budget; and, That Mr.
McLean be requested to pursue participation in such funding in the next school budget.
TEMPORARY OPERATING PERMIT
Mayor Smoak reported on a recent meeting with officials of the State Department of Environ-
mental Regulation regarding an operating permit for the City's wastewater treatment plant,
at which time the City's representatives were informed that the main problem to be
resolved before obtaining another operating permit is to submit a firm compliance schedule
along with compliance dates. Mayor Smoak further advised that it was agreed that the
City would prepare another compliance schedule to reflect only landspreading and marsh-
land disposal of effluent as viable alternatives, and such schedule had been prepared by
the City Engineer and submitted for Council's consideration. Inasmuch as the timetable
reflected on the schedule for method selection was designated for January 1980 as on the
previous schedule, it was the suggestion of Mayor Smoak, and Council was in agreement, that
the matter be tabled for further discussion in conjunction with the City Engineer. Mayor
Smoak called a Special Meeting of Council to be held in the Office of the City Manager on
e
.
.
e
CITY OF CLERMONT
MINUTES
Thursday, April 26th at 5 o'clock P.M. to consider possible amendments to the proposed
compliance schedule as presented.
TOWN HALL MEETING
Mayor Smoak advised that the Town Hall Meeting date had been changed to May 8th to
provide sufficient time for preparation, and that a tentative agenda would be forwarded
to Council on Friday. He further urged that Council contact the City Manager regarding
any items which they might desire to be added to the agenda.
SIGNS
Mayor Smoak expressed appreciation to City Manager Forbes for his prompt attention to
having the needed signs installed at the tennis courts, and the entrance to Carroll
Street between Second Street and East Avenue.
GREEN SWAMP
Mayor Smoak advised that the State Senate Committee on Natural Resources had agreed to
exclude 8400 acres south of Clermont from the area of critical state concern, and that
he would be appearing in Tallahassee again on May 2nd and May 3rd regarding the matter.
SURPLUS EQUIPMENT
City Manager Forbes submitted the following listed equipment, and recommended they be
declared as surplus to be offered for sale in a joint auction with the City of Leesburg
on May 19th:
2 - 1971 Ford Custom 4 dr sedans
1 - 1975 Plymouth Fury 4 dr sedan
2 - 1972 Dodge 3/4 ton pickups
Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried
that the recommendation be accepted.
COMMUNICATIONS
Mayor Smoak advised of a communication from Mrs. Ellen Dykehouse, Chief Executive Officer
of South Lake Memorial Hospital, Inc., requesting Council consideration to declare a
reasonable area in all directions from the Hospital complex as a quiet zone with
appropriate signs posted to that effect. This matter was referred to City Manager Forbes
for placement on the next P & Z Commission agenda.
ORDINANCES/RESOLUTIONS
Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION
OF LAKE AVENUE BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF THE SEABOARD COAST-
LINE RAILROAD AND BOUNDED ON THE SOUTH BY THE NORTH RIGHT-OF-WAY LINE OF OSCEOLA STREET,
and the motion was seconded by Councilman Cole. 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: Honey, Cole, Byrd, and Smoak. Total Ayes: Four.
Nayes: None. Absent: Schroedel. So the Ordinance was adopted and the Number 118-M
assigned to it.
Councilman Byrd offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CLERMONT, ENDORSING THE ANTI-INFLATION MEASURES ADOPTED BY THE PRESIDENT OF
THE UNITED STATES, and the motion was seconded by Mayor Smoak, and unanimously carried.
The Resolution was read in its entirety by City Clerk Carroll, and the Number 328 assigned
to it.
e
.
.
e
CITY OF CLERMONT
MINUTES
"208" REGIONAL PLANNING COUNCIL
Mayor Smoak appointed City Manager Forbes as the City's representative on the Regional
Planning Council's "208" Water Quality Council to replace former City Manager Tiffany.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Smoak at 8:30 P.M.
(j[ I~*
CLAUDE E / SMOAK, JR., - Mayor
- 7, jf/
lCl'4aAuJ If_> ~~1# j,
DOLORES W. CARROLL - City Clerk