03-26-1974 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, March 26, 1974. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Byrd, Waller, Schroede1 and Oswalt. Other officials present were:
Acting City Manager Smythe, City Attorney Vason, City Clerk Carroll, Controller
Fleming and Chief of Police Tyndal.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
An addition was made to the Minutes of the Meeting held on March 12, 1974 as
follows: The date Council voted to furnish cost free water for the Court of Flags
Project was March 1973. The date Council voted to discontinue this service was
May 1,1974. The Minutes were then approved as corrected.
Mayor Smoak announced the first order of business to be a Public Hearing to consider
request of Clara M. Freeman for the rezoning of Lots 3-4-5 & 6 in City Block 44
from the present C-1 zoning to an R-3 zone. there was no one present who voiced
Qbjection to this request. Mr. Smythe reported that this request had been considered
and a public hearing held by the Planning and Zoning Commission on March 5, 1974.
and that it was their recommendation to Council that the rezoning be approved.
Motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously
carried that the recommendation of the Plannin and Zonin Commission be acce ted
an the Clt ttorne be instructe to re are the necessar Ordinance or
lntro uction at next meetlng.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
request of Dr. Thomas D. Weaver for a variance to Section 26-25(e) (2) of the
Zoning Ordinance (Side yard setbacks) in order to construct an addition to his
existing building on Lots 10-11-12 & 13 in City Block 74 with seven feet of the
property line with wing walls extending to within one foot of the property line.
There was no one present who voiced objection to this request, whereupon motion
was made by Councilman Schroedel, seconded by Councilman Byrd and unanimously
carried that the variance request be granted.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
request of Keete L. Mills, Jr., National Accounts Coordinator for McDonald Restaurants,
for a variance to Section 26-25 (d) (e) (1) of the Zoning Ordinance (Permitted
Signs in a C-2 Zone) in order to construct a sign on their property, described as a
portion of Lot 305 in Clermont Heights Subdivision with an overall height of 79'8".
Mr. Nick Jones voiced objection to such a variance being granted inasmuch as he felt
there would be a great deal of development in this general area of the intersection
of highways 50 and 27 in the near future, and granting such a variance would be
opening the door to any number of like requests as it is developed. It was consenus
of Council that the variance requested was excessive inasmuch as the height requested
was double that as allowed in the existing ordinance, whereu~on motion was made by
Councilman Oswalt, seconded by Councilman Schroedel and carrled that the request be
denied. Councilman Waller voted Naye on passage of the motion, and advised that he
felt tall si ns were more beneficial in attractin customers to businesses than
billboards along the highways, whic are permitted.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
request of Alvin Marker for a variance to Section 26-25 (G) (1) of the Zoning
Ordinance (Offstreet Parking) in order that he only be required to provide twenty
offstreet parking spaces for. his proposed construction on Lots 141-142-339 and 340
in Clermont Heights Subdivision. There was no one present who voiced objection to
this request. Motion was made by Councilman Oswa1td seconded by Councilman Schroedel
and unanimously carried that this request be grante .
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w. H. Livingston, Pastor of the Church of God ~y Faith, appeared before Council and
requested permission to hold a tent revival beginning with the first two weeks
in April on property located on the north side of East DeSoto Street between
Bloxam Avenue and Freeman Lane. He further advised that permission had been
forwarded to Council from the owners of this property. Upon inquiry of Mayor Smoak
if sanitary facilities would be available, he replied in the affirmative. It
had been the recommendation of City Manager Hopkins that this request be granted
for a thirty day period. Motion was made by Councilman Oswalt, seconded by
Councilman Schroede1 and unanimously carried that the recommendation of the City
Manager be accepted and the request be granted.
City Controller Fleming reported that of the $876,000 in accounts receivable sanitary
sewer assessments, $479,000 had been collected todate.
City Attorney Vason reported that he had not received a reply to his offer for an
out-of-court settlement in the Peter H. Johnson condemnation suit. It was the
opinion of Mayor Smoak, and Council was in agreement, that a personal contact be
made with Mr. Johnson, whereupon motion was made by Councilman Schroedel, seconded
by Councilman Waller and carried that Mayor Smoak contact Mr. Johnson in an effort
to purchase the property.
Mayor Smoak reported to Council that he was quite concerned about the State of
Florida's proposal to take over the Green Swamp, declaring same to be an area of
critical concern, and inquired of Council's feelings toward preparing a Resolution to
oppose such a move. With the exception of Councilman Schroede1, who advised that he
thought the State should do something about the area, but at this point did not
know what, it was consensus of Council that a work shop session be held to draft
a resolution incorporating the various reasons why they felt such a move would be
detrimental, not only to the City of Clermont, but to South Lake County. Mayor
Smoak called a work shop session of Council for Thursday, March 28, 1974 at
7:30 P. M. in the Council Chambers.
City Clerk Carroll read a communication from Harold B. Kildahl, Pastor of the First
Lutheran Church, wherein he requested a meeting with Council to discuss their recent
action to discontinue cost free water for their Court of Flags Project, and
to encourage Council to modify this action. Mr. Smythe was instructed to invite
Mr. Kildahl and any other interested persons of the Church to meet with Council at
their work shop session to be held on Thursday, March 28, 1974.
Councilman Schroede1 offered and moved the adoption of a Resolution endorsing
the request of the Florida Library Association that the State of Florida fully
fund public libraries. The motion was seconded by Councilman Waller and unanimously
carried. The Resolution was read by City Attorney Vason, the Number 299 assigned
to it, and City Clerk Carroll was instructed to forward copies of same to the
local legislators.
Mayor Smoak reported on a letter received from Mrs. Johnnie Watson, for Project
Clermont, wherein she requested that several sections of sidewalk in the areas where
the planters are to be constructed be replaced inasmuch as their existing condition
would not provide a proper foundation for the planters. Motion was made ba
Councilman Schroedel, seconded by Councilman Waller and unanimously carrie that
this work be authorized.
Mayor Smoak reported on a request from the DOT for permission to use existing
signs and other points of reference on DOT right-o-ways throughout the city on which
to attach numbers in their project of establishing a statewide uniform accident
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location reference system. Motion was made by Councilman Waller, seconded by
Councilman Schroedel and carried that this request be granted. Councilman Byrd
voted, Naye, on passage of the motion.
Mayor Smoak reported on a claim in the amount of $130.00 submitted by Mid-State
Mechanical, Inc. for work performed by them at 1305 Ryan Street necessitated from
damages caused by the sewer construction crews. It had been the recommendation
of City Manager Hmpkins that this claim be paid from the monies retained from
Bumby & Stimpson, Inc. Motion was made by Councilman Schroedel, seconded by
Councilman Waller and carried that the recommendation of the Cit Mana er be
accepte .
The meeting was adjourned by Mayor Smoak.
~P.uJAL k.l. ~4J~l,
o ores W. Carro ,City Clerk