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08-13-1974 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1046 A Regular Meeting of the City Council of the City of Clermont Was held in the Council Chambers on Tuesday, August 13, 1974. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Oswalt, Schroedel, and Byrd. Absent: Waller. Other officials present were: City Manager Hopkins, City Clerk Carroll, City Controller Fleming and Director of Community Services Smythe. Others preseABtwere Mesdames Smoak, Thompson, Cook; Mr. and Mrs. W. B. Perry, Mr. and Mrs. John Blanchard, Mr. and Mrs. Nick Jones, Mr. and Mrs. William Wilkins, and the Messrs. Adair, Mitchell, Saunders, Hovis, Daub, Marker, Narehood, Blackburn, Earls, Pederman, Sargent and Carden. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. Mayor Smoak announced the next order of business ,to be a Public Hearing to consider request of Al H. Earls for a variance to Section 26-25 (G) (8) (OFF-STREET PARKING IN A C-2 ZONE) in order to utilize the existing eleven parking spaces at the Burger Hut for the required parking spaces of a Carpet Golf Course which he proposes to construct at the Burger Hut site. There was no one present who voiced objection to the request, whereu on motion was made b Councilman Schroedel seconded b Counci Iman Oswalt and carrle that t e request be grante. Councl man Byrd vote, Naye, on passage of the motion. Mayor Smoak announced the next order of business to be a Public Hearing to consider request of Vivienne J. Thompson for a Variance to Sections 26-79.30 ( SETBACKS) and 26-25 (4) (D) (MAXIMUM SIZE AND SPACING BETWEEN SIGNS) of the Zoning Ordinance in order to construct signs on property which presently exists as non-conforming, but which would be as replacements for signs just removed because of change in advertiser ownership. There was no one present who voiced objection to the request, whereupon motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that the request be granted. Mr. Jay Uaub, representative of Teleprompter, Inc. appeared before Council to advise them of the current status of the Cable TV construction project in Clermont. It was the opinion of Mayor Smoak that inasmuch as the present Council was not familiar with the franchise as granted by the City to Teleprompter, Inc. in March of 1970, that Mr. Daub meet with Council in workshop session on Monday, August 19th at 7:00 P.M. in the office of the City Manager to review it together. Council and Mr. Daub were agreeable to the suggestion. City Manager Hopkins reported as follows: That work had begun on the high school lift station on Monday, August 12th with 160 working days allowed for completion from the date of Notice to Proceed, which was July 17th; That work on the Highland Avenue Well had begun on July 23rd, with this job now being one-half completed, and, That inasmuch as the traffic lite at the intersectio~ of 7th and Montrose Streets did not meet the new standards as set forth by the DOT, had been damaged several . e Minutes of August 13, 197~ . MINUTES NQ 1047 times and it was impossible to obtain parts for it, it was his recommendation that the light be removed. Motion was made by Councilman Schroedell seconded by Councilman Byrd and carried that this recommendation be accepted and the light be removed. With regards City Manager Hopkins' inquiry of ~ouncil as to the city sponsoring a bowling team in the fall league, as had been requested by some city employees, it was consensus that they shouldn't and no action was taken. With regards the water problem existing in many of the city's landlocked lakes which has been discussed previously by Council and the P & Z Commission, but with no action having been taken, Mayor Smoak advised that he had contacted Howard Young who had agreed to chair a committee to study the possibility of a city sponsored pr-ject to clean up a lake within the city limits of Clermont, and that it was discussed on a basis that this committee would be funded in this budget period b y the city only with sufficient funds to do a research work involved in presenting a proposal to the City Council; That it was discussed on a ~is that the committee was function as a committee to evaluate the condition that the lakes are in, that they would come up with a single recommendation to the Council of one project for funding in 1975. He further reported it was the opinion of Mr. Young that the figure of $1500.00 to fund this committee would be sufficient, and he requested that Council include this amount in the 74-75 budet preparation. Mayor Smoak thereupon made the following appointments to this committee: Howard Young, Chairman Bronson Brant R. M. Hopkins R. E. Oswal t Ted Wicks, Advisor and Liaison Member Mayor Smoak suggested that Council make some expression to President Gerald Ford in support of the basic premises which he laid down in his pUblic addresses since taking the oath of office of the President of the United States, assuring him of a vote of confidence as citizens of this country and representations of the people of Clermont. Motion was made by Councilman Byrd, seconded by Councilman Schroedell an unanimously carried that the City Attorney be instructed to prepare a Resolution to this effect for presentation at the next meeting. Motion was made oy Councilman Oswalt, seconded oy Councilman Byrd and carried that the bills be paid. Councilman Schroede1 offered and moved the adoption of a RESOLUTION granting a Conditional Use Permit to H.G.G.S. Associates for Mobile Home and Travel Trailer Sales on a portion of Government Lot 7 in Section 23-22-25. The motion was seconded by Councilman Byrd and unanimously carried. The RESOLUTION was read by City Manager Hopkins, by title only, and the Number 234 assigned to it. Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERNANENTLY ABANDONING A PORTION OF CRYSTAL LAKE DRIVE DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Oswalt. The ORDINANCE was read for a second and final reading by City Manager Hopkins, by title only, and upon roll call vote on passage of the motion the result was: Ayes: Oswalt, Smoak, Schroedel and Byrd. Total Ayes: Four. Nayes: None. Absent: Waller. So the ORDINANCE'~'Was adopted and the Number 61-M assigned to it. . e e . MINUTES NQ 1U48 Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONGING ELEVENTH STREET BETWEEN THE NORTHERLY RIGHT-OF-WAY LINE OF DESOTO STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF MONTROSE STREET, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23 , INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: RESERVING UNTO THE CITY OF CLERMONT A UTILITY EASEMENT: 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 Manager Hopkins, by title only, and upon roll call vote on passage of the motion the result was: Ayes: Bryd, Schroedel, Smoak and Oswalt. Total Ayes: Four. Nayes: None. Absent: Waller. So the ORDINANCE was adopted and the Number 62-M assigned to it. Mayor Smoak inquired of the status of an extension of the sewer system to serve the Minnehaha Estates. City Manager Hppkins advised he did not have a current staff report from the Engineers, but would obtain one prior to the next meeting. Following a secret ballot of Council, Mrs. Jane Wilkins was unanimously appointed to membership on the P & Z Commission to fill the vacancy created by the resignation of Francis Loomis. Following considerable study and consideration by both the Planning and Zoning Commission and Council, motion was made b{ Councilman Byrd, seconded by Councilman Oswalt and unanimousl carried that Cit ttorne Vason be instructed to re are t e necessary amend1ng ord1nance or c anges n t e Zon1ng Ord1nance as fo ows: 1. Standards for residential development (a) Decreased density for townhouse and multiple family developments (b) Side and rear setbacks on townhouse and multiple family developments increase as size of site increases (c) Setbacks for townhouse and multiple family developments in the Central Business District must honor setbacks (d) No parking shall be allowed in the front setback (e) Townhouse and multiple family developments of 24 units or more and all townhouse and multiple family developments in commercial zoning districts must obtain Conditional Use Permit. 2. Provide for cluster development in every residential zone under CUP 3. Delete Section 26-62 and reference to Group Projects in the zoning Districts. Developments of less than 24 units may be approved by City Manager while 24 or more units require CUP 4. Welding Shop - CUP in C-2 zone. 5. Buffer beautification- Delete 6 foot height requirement 6. Public Schools - Delete from zoning district as CUP 7. Grassed parking areas may be approved by City Council after recommendation by Planning and Zoning Commission 8. Delete Section 26-47. The provisions are already covered in the C-2 zone, the only zone allowing service stations 9. Conditional Use Permits - Section 26-87 Add (H) (I) and (J) (H) the application shall be filed in the office of the City Clerk on or . e e e MINUTES NQ 1049 before 5:00 P. M. on the second Friday of the month, shall be duly advertised for pUblic hearing and scheduled for hearing at the Planning and Zoning eommission on the first Tuesday of the following month, unless such date falls on a holiday. The recommendations of the Planning and Zoning Commission will be forwarded to the City Council for their consideration on the fourth Tuesday of the month. Hearings may be postponed from time to time as found necessary; provided, however, that unless a specific tem and date for re-hearing is scheduled at the public hearings involved. The time and date of the re-hearing shall be re-advertised. (1) Applications which have been denied without prejudice may be refi1ed after three months. Other applications may not be refi1ed for a period of one year. (J) All property owners abutting the affected property shall be individually notified by official letter from the city stating the nature of the application. With regards On Site Retention of Surface Drainage as had been recommended by the Planning and Zoning Commission, motion was made by Councilman Oswalt, seconded by Councilman Byrd and unanimously carried that the City Attorney be instructed to prepare the necessary Ordinance to require the following: That any individual, developer, or anyone considering development of any property in the city limits of Clermont, or the subdivision of four or more lots, or developer of any property of 3 units or more on commercial or multiple family zoned property, be required to provide the city a certification by a registered professional engineer that said project shall retain on site a 10 year rain fall. Immediately prior to Council's plot plan review of the Crystal Beach Apartments, Mayor Smoak vacated the Cnair and it was assumed by Mayor Pro-Tem Schroedel. Mr. Tom Adair, representing the developer, appeared before Council to answer any questions which they might have with regards the plans of the proposed development. He advised that all local and state requirements had been met, and the final plans were to be delivered to the Hotel and Restaurant Commission on Wednesday, August 14th, with application for a city building permit to follow that. Claude E. Smoak, Jr., abutting property owner to the proposed development, appeared before Council and expressed deep concern about the following, once the development has been constructed: Traffic Hazard - Density factor increasing - water quality of Crystal Lake - aesthetic loss due to excessive asphalt surfaces, and the proposed driveway to be parallel and only 13 feet from his. The meeting was adjourned by Mayor Pro-Tern Schroede1 at 11: 30 P. M e~~MaYOr ~~A(~ J Z/. WJ-- Do ores W. Carro ,City Clerk