02-13-1979 Regular Meeting
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A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers
on Tuesday, February 13, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude
E. Smoak, Jr., with the following members present: Councilmen Schroedel, Byrd, Cole, and
Honey. Other officials present were: Acting City Manager Sanchez, City Attorney Baird, City
Clerk Carroll, and Code Enforcement Official Nagel. Others present were: Mesdames Roberson,
Dingle, Hunt; Mr. & Mrs. Bob Ray; Mr. & Mrs. Elwood Barnes, Mr. & Mrs. Carle Bishop, Mr. &
Mrs. F. B. Schwamb; Messrs. Gimeno, Boos, Steele, Wilcox, Tracey, Law, Muir, Sargent, Giachetti,
Narehood, Washuta, Searles, Cook, and Cochran.
The invocation was offered by Father Fabian G. Gimeno, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held on Tuesday, January 23, 1979 were approved as written.
VISITORS WITH BUSINESS
Father Fabian Gimeno, Rector of Blessed Sarcament Church, appeared before Council to
advise of immediate plans for enclosing the parking lot on the church property which
heretofore has been regularly utilized for softball and little league parking. He
advised the enclosure was now a necessity in order to insure adequate parking for the
additional church services and activities which are now being held, but which will
also preclude parking availability for the ball fields. Mayor Smoak recognized the
statement by Father Fabian, but respectfully requested an audience with him on the
following day to discuss the matter further, which was granted.
PUBLIC HEARINGS
City Attorney Baird advised that, following his communication to Council on January 29th
wherein he recommended they proceed with consideration of Mr. Andrew Morris' request for
a Variance based on his examination of the legal description in the warranty deed which
indicated a frontage along Lake Avenue of 100 feet, another survey by Blackburn and
Associates has just been completed which indicates the property to be only 86 feet from
the center of Lake Shore Drive thereby creating a dispute of boundary lines, and in view
of this, he recommended that no action be taken by Council until such time as the pur-
ported boundary line dispute has been resolved between the two abutting property owners.
Motion was made by Councilman Byrd, seconded by Councilman Cole, and carried that the
City Attorney's recommendation be accepted and the variance request be tabled pending
the approriate time for re-consideration.
City Council, sitting as a Board of Adjustment, considered the request of Mr. Carle
Bishop for a Variance to Article IX-Section 26-61 (FRONT YARD SETBACK FOR DWELLINGS) of
the Zoning Ordinance in order to construct a garage five feet forward of the existing
front building line on his property described as Lot 9 in City Block 86 (749 Chestnut
Street). Mr. Bishop appeared before Council in support of his request advising that
because of the close proximity to the street that his residence was located when it was
constructed 40 years ago, a variance of five feet would be necessary in order to construct
a garage and salvage two large and desirable trees on his property. Mayor Smoak advised
of the following named abutting and/or adjacent property owners who were notified of
the request under consideration: Sara W. Eagle, et aI, A&L Investments, Inc., Laura
Dingle, William Clay, Elizabeth Zelazo, James Faris, and inquired if any be present who
desired to address the matter. Mrs. Laura Dingle appeared to advise of no objection.
There being no further comment from anyone present, motion was made by Councilman Honey,
seconded by Councilman Cole and unanimously carried that the request be granted.
CONDITIONAL USE PERMIT REQUESTS/ACCOMPANYING RESOLUTIONS
A request by Mrs. Glenda D. Roberson for a Conditional Use Permit to utilize the property
at 635 Highway 50 for an educational child care facility in a C-1 Zoning District was con-
sidered by Council. Mayor Smoak advised of the Planning & Zoning Commission's
recommendation that such request be granted subject,to the following conditions:
1. That a solid fence be erected on the east side of the property
where it abutts the Charles Dix property;
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2. That decorative wood stain fence be erected as a covering for
a chain link fence that is to be installed along the north
portion of the property facing SR50;
3. That all applicable regulations and ordinances be met; and,
4. That the use not be expanded except with a Conditional Use Permit.
Mrs. Roberson appeared before Council in support of her request, and advised that since
consideration of her request by the P&Z Commission, it had been determined that the
front of the property would not be utilized as playground nor as access to the building
by the children, therefore a fence would not be installed in that area, eliminating the
need for condition number 2. Mayor Smoak advised of the following named abutting and/or
adjacent property owners who were notified of the request under consideration: Bertha
Fleisch, Leonard H. Baird, Sr., Marvin McCallister, Samuel O. Houck, Dixie Oil and Gas
Company, A.R. and Donnie Sewell, Charles N. Dix, Lake Abstract & Guaranty Company, Charles
Strebig, and inquired if any be present who desired to address the matter. There was no
one present who commented on the matter, whereupon motion was made by Councilman
Schroedel, seconded by Councilman Cole and unanimously carried that the P&Z Commission's
recommendations be accepted with an amendment providing for deletion of Condition No.2,
and, that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING BUILDING AS AN EDUCATIONAL
CHILD CARE FACILITY, be adopted. So the Resolution was adopted and the Number 323
assigned to it.
A request by Mrs. Patricia L. Barnes, dba Sunshine Craft Supply, Inc., for a Conditional
Use Permit to utilize the property at 899 Montrose Street for wholesaling and warehousing
of craft supplies in a C-2 zoning district was considered by Council. Mayor Smoak advised
of the Planning & Zoning Commission's recommendation that such request be granted subject
to the following conditions:
1. That all applicable regulations and ordinances be met; and,
2. That the use not be expanded except with a Conditional Use Permit.
Mrs. Barnes appeared before Council in support of her request and advised that she had
purchased the property for utilization of a business that involved direct purchasing
of craft supplies from manufacturers, short term storage of the supplies, and then re-sale
to retail outlets. She further advised that shipping would be primarily via UPS, and
that there was adequate driveway space on the property to eliminate on-street loading
and un-loading. Mayor Smoak advised of the following named abutting and/or adjacent
property owners who were notified of the request under consideration: Dal-Don Produce,
Inc., R. P. Seaver, Larry Ogden, Charles B. Roe, J. V. Brice, Ira & Grace Ayers, Roberta
Ashcroft, et aI, and inquired if any be present who desired to address the matter. There
was no comment from the floor.
Mayor Smoak advised that he would be in favor of granting the request due to the location
being detached and on the outer perimeter from the basic retail outlets in the down-
town business district, but only if it could be considered on an individual basis and
not be setting a precedent for all M-1 uses to be permitted in a retail business district,
as he felt, for example, large scale warehousing and wholesaling in the downtown business
district would be detrimental to the retail outlets located there. He further opined
that the downtown area could be the nicest small retail business area in Lake County,
and was approaching such a position at the present time in that he had observed various
buildings in states of disrepair which had been markedly improved over the past few
months and thereby attracting more people to the area. Inquiry was made of City Attorney
Baird as to City Council being "locked in" to granting additional similar requests should
this one be granted, and he opined that the existing CUP procedure available to Council
provides for consideration on a case by case procedure inasmuch as facts are different
for each individual case, and the granting of this ~equest would not set a legal precedent
for other CUP requests. Motion was thereupon made by Councilman Schroedel, seconded by
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Councilman Honey and carried that the P&Z Commission's recommendations be accepted, and
that A RESOLUTION OF THE CITY OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING
A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING BUILDING FOR WHOLESALING AND WARE-
HOUSING OF CRAFT SUPPLIES, be adopted. So the Resolution was adopted and the Number 322
assigned to it.
A request by Mr. George Narehood, dba A.B.C. Angelic Brood Control, for a Conditional
Use Permit to utilize the property at 761 Montrose Street for the breeding and whole-
saling of tropical fish was considered by Council. Mayor Smoak advised of the Planning
and Zoning Commission's recommendation that it be granted subject to the following
conditions:
1. That there be no loading/unloading of large trucks on
Montrose Street;
2. That all applicable regulations and ordinances be met; and,
3. That the use not be expanded except with a Conditional Use Permit.
Mr. Narehood, a one-third owner of A.B.C. Angelic Brood Control, appeared before Council
and requested it be a matter of record that they did not request a CUP for their business,
but rather that the City Administration requested that they apply for one. He advised
that prior to purchase of the property they had contacted City staff with their pur-
ported use of the property for fish breeding and wholesaling, and had been advised they
would be allowed to do so; That they had then purchased the property, expended a con-
siderable amount of money in the purchase and readying of the building, obtained a
City occupational license and were in business operation when they were notified they
must make application for a CUP. Mayor Smoak advised that the City erred in issuing
the occupational license without going through CUP procedure; That the attitude of City
Council is to assist people in using their property, not trying to regulate people so
they cannot use it; That it was his sincere feeling that this is what guided City staff
in making a decision to issue the license as it was, but since it had been determined
that such a decision was in error and Council desires to correct it, the CUP procedure
was requested, which is the normal procedure which should have been pursued initially.
Mr. Narehood was requested to briefly explain the nature of the business, and intentions
for the property. He advised that the business involves the breeding and raising of
tropical fish for wholesaling to pet distributors; That future plans are proposed for
improving the front of the building with a complete face-lifting; and, That the loading/
unloading portion of their business was accomodated by pick-up truck which he felt
utilized less parking area than surrounding retail businesses. Mr. Narehood questioned
Conditions numbered 2 and 3 listed on the proposed CUP Resolution as they had not been a
part of the motion as passed by the P&Z Commission, and he was advised that these were
standard conditions on all Conditional Use Permits. Inquiry was made of Mr. Narehood
as to a time table for improvement to the front of the building, and future intentions
for the establishment of a retail outlet on the property. He advised there were no
immediate plans for the face lifting project due to the expenditure of purchasing the
property and preparing the interior for breeding and raising fish, and there were no
intentions for providing a retail outlet for fish, but inasmuch as the ~uilding is
quite large and only a small portion being utilized for the fish operation, that possibly
a retail outlet for another type of business would be considered at some future date.
Mayor Smoak expressed concern for protection of the tremendous capital investments of
surrounding retail merchants in the downtown area if this business be allowed to continue
operating without definite plans and timetable for an aesthetic appearance improvement
of the building, and some proposal for establishing a retail outlet in the building. He
recommended that the exterior of the building be painted immediately with an acceptable
color in conformity with the general decor of the downtown area; That the paint from the
inside of the paned glass windows be removed; and, That a drapery material of some type
be replaced to screen the balance of the building from exterior view. Mr. Joe Washuta,
a second partner of the business, advised Council he would agree that the appearance
of the building is detrimental to others in the area, and they would take immediate
measures for temporary improvements as Mayor Smoak had suggested, address the matter of
establishing a retail outlet for sale of tropical fish in the building, and pursue plans
which they had already discussed for permanent renovation and improvements. Mayor Smoak
advised of the following named abutting and/or adjacent property owners who were notified
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of the request under consideration: Rachel G. Winston, Hank's Electric, Lillian R. Gaddy,
W. B. Daw, Maxine Egan, Reginald Cook, Roy Grose, Otis K. Sickler, J. W. Hunt, Jack
Rolland, George Dupee, Jerry Lake, Clermont Appliance, Dara, Inc., Vincent J. Fechtel,
A.F. Olivenbaum, Bowman & Brown, Inc., Hugh Spalding, and inquired if any be present
who desired to address the matter. Mr. Reginald Cook advised Council he would be in
favor of the CUP being granted provided the improvements as suggested were made. Mrs.
Ruth Ray, an interested citizen, expressed concern that the improvements be required
inasmuch as the existing appearance of the building does not enhance the rest of the
downtown area. Motion was then made by Mayor Smoak, seconded by Councilman Schroedel,
and unanimously carried that the recommendations of the P&Z Commission be accepted, and
the following conditions be added in addition:
1. That the front exterior of the building be painted immediately
with an acceptable color in conformity with the decor of the
downtown area;
2. That the painting on the inside of the windows be removed, and
an acceptable drapery material be installed to screen the balance
of the building from exterior view; and,
3. That a 6 month timetable be set for the principals involved to
present a proposal to establish a retail outlet in the building,
and plans for a face lift of both the interior and exterior of
the building.
Motion was then made by Mayor Smoak, seconded by Councilman Honey and unanimously carried
that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING BUILDING AS A FISH
BREEDING AND WHOLESALING BUSINESS be adopted, such Resolution containing the 6 conditions
as aforementioned. So the Resolution was adopted and the Number 324 assigned to it.
A request by Mr. Robert Tracey, dba C & T Irrigation, Inc., for a Conditional Use Permit
to utilize the property at 857 East Minnehaha Avenue for wholesaling and warehousing of
plumbing and irrigation supplies was considered by Council. Mayor Smoak advised of the
Planning & Zoning Commission's recommendation that the request be granted subject to
the following conditions:
1. That all applicable regulations and ordinances be met; and,
2. That the use not be expanded except with a Conditional Use Permit.
Mr. Tracey appeared before Council in support of his request and advised that their
request was addressed to using the property for wholesaling and warehousing of plumbing
and irrigation supplies, but he also wished to advise that they were retailers to the
general public in an over-the-counter sales operation as well. Mayor Smoak advised of
the following named abutting and/or adjacent property owners who were notified of the
request under consideration: Alice Lockmiller, Meredith Noffsinger, Mae Storie Millikin,
James R. E. Cochran, Don McCaffrey, Tropicana Products, Inc., and inquired if any be
present who desired to address the matter. There being no one present who commented
on the matter, motion was made by Councilman Byrd, seconded by Councilman Honey and
unanimously carried that the recommendations of the P&Z Commission be accepted, and A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING
A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING BUILDING FOR WHOLESALING AND
WAREHOUSING OF PLUMBING AND IRRIGATION SUPPLIES, be adopted. So the Resolution was
adopted and the Number 325 assigned to it.
SALE OF CITY PROPERTY
Acting City Manager Sanchez advised of an expressed interest in purchasing the city
owned property located at the corner of Highland and Bloxam Avenues, site of the
abandoned Bloxam Avenue well which is currently being used for records storage, and
inquired of Council's desire to pursue the matter. It was the suggestion of Mayor Smoak
and Council was in agreement, that Mr. Sanchez be requested to obtain an appraisal of
the property for consideration by Council, along with all other pertinent information
such as a plat, dimensions, etc.
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TRAFFIC CONGESTION IN SCHOOL AREA
Acting City Manager Sanchez advised of the P & Z Commission's recommendation that the
traffic situation near the Junior High School be investigated for relief in eliminating
heavy congestion during certain periods, and that following a meeting between himself,
Public Works Director Smythe and Principal Cockcroft, they were in complete agreement
as to what is needed, which will be pursued immediately in the installation of
additional school crossing signs, stop signs, etc. with possible other changes later.
LAKE COUNTY WATERWAY AUTHORITY
Mayor Smoak reported on his recent appearance before the LCWA at which time he urged that
they cooperate with the Department of Environmental Regulation, the U.S. Park Service,
the Florida Park Service, the Department of Natural Resources, the St. Johns Water
Management Area, the Southwest Water Management Area, and the U.S. Geological Survey in
a concentrated effort to determine what is happening to the flow of water from Green
Swamp. He advised that 33 million gallons of water (plus or minus) per day was flowing
north into the Clermont Chain-o-Lakes 15 years ago, which according to USGS flow readings
the past year, had reduced to slightly over 9 million gallons per day. He further advised
of LCWA's interest in pursuing the matter.
LAKE COUNTY LEGISLATIVE DELEGATION
Mayor Smoak reported on his recent appearance before the Lake County Legislative Delegation
at which time he urged their assistance in encouraging State Officials to cooperate in a
joint effort to determine water quality, water quantity, and direction of water movement
of Green Swamp water. Mayor Smoak advised of optimism in cooperation from the various
agencies, and he was highly commendable of the dedication and untiring efforts by Mr.
William Dailey in his research and gathering of necessary data regarding the matter.
FLORIDA LEAGUE OF CITIES PRE-LEGISLATIVE CONFERENCE
Mayor Smoak advised that he, Acting City Manager Sanchez, and City Attorney Baird would
be attending the mid-state conference of the Florida League of Cities in Tallahassee on
February 15th and 16th at which time a legislative policy statement will be adopted,
the Florida Municipal Self Insuror Directors will be meeting, as will the Florida League
Directors, and they would report back to Council at the next regular meeting on action
taken at the conference.
PROPOSED TOWN HALL MEETING
Mayor Smoak reminded all present of the Town Hall Meeting proposed for the middle part
of April at which time it is hoped that a new City Manager will have been hired and on
duty, and he urged that all citizens of the community who have a particular interest they
would desire to have discussed at such meeting, to contact any member of Council in order
that it might be placed on the agenda. With regards the selection of a City Manager, he
advised that the selection process has now reduced to 6 applicants who are still actively
under consideration; That Council would be interviewing the 6 via telephone on February
26th; and, That personal interviews with 3 to 5 of the applicants would be held on March
10th at which time a decision would be made.
LAKE COUNTY POLLUTION CONTROL BOARD
Councilman Byrd, liaison representative to the LCPCB, advised of his recent attendance
at their regular meeting, to which Mrs. Frances Oswalt and Mr. & Mrs. William Dailey were
also in attendance, and reported that the variance for the City's Sanitary Sewage Treat-
ment Plant would be on the agenda for consideration at the next regular meeting of the
Board.
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DOWNTOWN BUSINESS DISTRICT
Councilman Byrd advised that since his tenure on City Council, there had been various groups
that were interested in development of the downtown business district that, in his opinion,
had met with little success, and in view of this, he moved that the Acting City Manager
be instructed to furnish to the Council, information about any help available in planning
and revitalizing the central business district, including whether or not any funds are
available to expedite such a project. The motion was seconded by Councilman Honey and
unanimously carried.
COOPER MEMORIAL LIBRARY
Councilman Schroedel, liaison representative to the Library Board, advised of his recent
attendance at their regular meeting wherein inquiry was made as to the City improving
the sideyard parking area at the Library due to the soft sandy surface and resulting
rutting making ingress and egress quite difficult. Acting City Manager Sanchez was
requested to prepare a cost estimate for paving the parking area, and to include in
such estimate, his recommendations for some type of landscaping that would meet the
community landscaping program, and submit back for Council's consideration. Mr. Jim
Law, local District Manager of Florida Power Corporation, offered a supply of wood
chips to be used as a temporary improvement of the area, which was gratefully accepted
by Council, and the matter then referred to Acting City Manager in conjunction with
Public Works Director Smythe.
SIDEWALKS
Councilman Schroedel advised of heavy pedestrian traffic on 5th Street, north of State
Road 50, and on Minnehaha Avenue between East Avenue and Drew Street on which there
are no sidewalks, thereby forcing the foot traffic onto the streets, and he inquired
of the possibility of having these locations included in the sidewalk construction pro-
gram. Acting City Manager Sanchez was requested to investigate whether or not these
areas were included in the master sidewalk plan as presented by the P&Z Commission, and
in conjunction with Public Works Director Smythe, investigate the two areas as mentioned
for recommendation back to Council.
Mrs. Ruth Ray advised Council that the approaches to State Road 50 from both north and
south at East Avenue were included in the master plan for sidewalk construction, but
since the installation of the traffic lite at that intersection, the north and south
traffic had increased considerably, and she therefore would suggest that this location's
priority on the plan be increased considerably.
CHAMBER OF COMMERCE
Councilman Cole, liaison representative to the Chamber of Commerce, advised of his
attendance at their annual dinner meeting held last evening, and expressed pleasure
in working with their organization.
FIRE PROTECTION
Councilman Cole expressed concern regarding extreme distance that was necessary for the
local Fire Department to connect to a fire hydrant in combating a serious fire on East
Montrose Street recently, and inquired of possible investigation to consider an additional
hydrant to be installed near the area of Disston Avenue and Pitt Street. Acting City
Manager Sanchez was requested to investigate the matter for recommendation back to Council.
ORDINANCES
Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, FLORIDA, PROVIDING FOR THE ADOPTION BY REFERENCE OF CERTAIN STANDARD CODES
RELATING TO BUILDING CONSTRUCTION, and the Ordinance was read for a first reading by
City Clerk Carroll, by title only.
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JENKINS AUDITORIUM
Mr. Jim Law, representing the local Kiwanis Club, appeared before Council to inquire
if use of the Jenkins Auditorium could be considered by their Board of Directors as a
meeting place for the Club on a regular weekly basis for their Tuesday noontime meetings.
This matter was referred to Acting City Manager Sanchez for his investigation regarding
the rules and regulations as pertains to the Auditorium, and his recommendation back
to Council.
EXCESSIVE LITTER
Mr. Bob Ray, local Senior Boy Scout Leader, advised Council of the willingness and
availability of his Scout Troop to participate in an organized project by the City in
a "Litter Awareness" program and cleanup of excessive litter throughout the City.
Mayor Smoak advised of a like offer by the local 4-H Girls Group, and the matter was
thereupon referred to Mr. Ray and Mayor Smoak for coordination.
There being no further business to be brought before the Council at this time, the meeting was
adjourned by Mayor Smoak at 9:40 P.M.
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DOLORES W. CARROLL - City Clerk