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12-23-1975 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1220 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, December 23, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Oswalt, Byrd, Schroedel, and Blackburn. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, Finance Director DeDier, and Chief of Police Tyndal. Others present were: The Messrs. Wade, Crowson, Czech, Waters, Ekiert, VanderMeer, Olivenbaum, Coxe, Watson, Sargent, Dougherty, and Symmes. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held December 16, 1975 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request of Bob Wade for a Variance to Section 26-25 (D) (e) (1) of the Zoning Ordinance (HEIGHT OF GROUND SIGNS) in order to place a sign in the front of Bob Wade Ford which would exceed the overall height limitation for ground signs by five feet. Mr. Wade appeared before Council in behalf of his request and advised as follows: That the proposed sign was the standard sign as manufactured by the Ford Motor Company advertising Ford agencies; That it had been necessary to order the sign some months previously in order to have it placed at time of his proposed Grand Opening in the new location; That at the time the order was placed, the proposed location for the sign was outside the corporate limits of Clermont thereby coming under the Lake County rules and regulations which permit such sized sign, but prior to delivery of the sign, his property, which had been at his request, was annexed to the city where existing rules for ground signs prohibit such sized sign; and, That in order to comply with the city.s regulations, the sign would have to be returned to the factory for alternations thereby creating a hardship both financially and time wise. He further advised that he had thought his construction would have been completed prior to the effective date of his request for annexation, which would have been acceptable in all phases with the county.s regulations. Council was in agreement that this was a unique situation creating a hardship. Mayor Smoak inquired if there be any objection from the floor, and there was none, whereupon motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the request be granted. Mayor Smoak commended Mr. Wade on the excellent coordinated and highly successful Xmas Para~held recently, sponsored by the Chamber of Commerce and chairmaned by he and Mrs. Wade. Mayor Smoak announced the next order of business to be a Public Hearing to consider request by Donald H. Coxe for a Variance to Section 26-21(R-l URBAN RESIDENTIAL DISTRICT (E) (3) SETBACKS) of the Zoning Ordinance in order to construct an addition to his residence located on Lot 11 of Block A of Edgewood Place Subdivision. Mr. Coxe appeared before Council in behalf of his request and advised as follows: That in order to construct an addition on the rear of his residence for needed additional living area, it would be necessary to penetrate twelve feet into the rear yard setback; That the rear side of his residence was the only logical side for an addition inasmuch as bedrooms and a garage were in the front of the building; That a reverse in the floor plan of the building had been made by the builder without his knowledge or approval prior to construction which created the existing situation; and, That he had previously submitted written consent of his proposed addition by the immediate abutting property owners to the east and west. Council was sympathetic with the problem as presented by Mr. Coxe, but advised him that the required set- backs were existing at the time he purchased the property and no changes had been . e e . MINUTES NQ 1221 made by the city in that location since that time, The possibility of future problems being created should the existing grove property abutting Mr. Coxe's residence to the rear be sold for development which could result in side yard setbacks abutting to the rear yard setbacks of Edgewood Place Subdivision leaving only a few feet between the ear of one house to the side of the other house if variances were granted to the granted to the rear yard setback as requested by Mr. Coxe, was discussed at length by Council. Inasmuch as Edgewood Place Subdivision is a new subdivision, it was also consensus of Council that many other homes constructed there had rear yard areas of like size to Mr. Coxe~ and if one such variance was granted, there would be many more requests. Council inquired of Mr. Coxe if his problem could be eliminated by the granting of a front yard setback variance, extending the garage to the front and utilizing the rear portion of the existing garage for his proposed addition. Mr. Coxe advised that this would not be feasible inasmuch as the rear portion of the garage contained the major plumbing. It was the determination of Council that a real hardship did not exist, whereupon motion was made by Councilman Blackburn, seconded by Councilman Oswalt and unanimously carried that the request be denied. Mayor Smoak announced the next order of business to be a Public Hearing to consider request of J. M. VanderMeer, Trustee, and Axel Olivenbaum for the zoning from R-2 to C-2 the property described as Lots 1 thru 9, the East ~ of Lot 10, Lots 13 thru 17, Lots 24 thru 28; all in Fairview Place Subdivision, and The East 851 of the North 260' of that part of Lots.13 and 14 in Block "V". Mr. VanderMeer appeared before Council in behalf of this request and advised as follows: That the proposed use of the property is for construction of a bank and other commercial uses along the line of professional offices, at such time as the need develops; That the proposed rezoning would not be detrimental to abutting zoning; That the area would be well buffered from all abutting properties on the east, south, and north sides, and, That access to the property would not present a traffic hazard as now exists along State Road #50. Considerable discussion and study of a map of this area was given by Council at which time it was suggested there was a possibility existing that the lots abutting this property on the south, though presently owned by Messrs. VanderMeer, Trustee, and Olivenbaum which are zoned R1A, would be sold for development thus creating an undesirable situation of C-2 zoning abutting R1A zoning, should the property be rezoned as requested. Mayor Smoak inquired if there be anyone present who desired to speak regarding the request. Mr. Henry Czech appeared before Council in opposition to the request for rezoning, advising that his was the single dissenting vote at the time the Planning and Zoning Commission considered this matter and voted in approval of the request by 5 to 1, and explained his position as follows: That inasmuch as there is a proposed use for immediate utilization of a portion of the property, a bank~ but no other specifics mentioned other than "other" commercial uses as the need develops", a rezoning of the property would allow all the permissibles under C-2 zoning of which he enumerated a few of them as bus terminals, taxi stands, dry cleaning establishments, theatres, including drive-ins, hotels, motels, used car sales and even the repairs of automobiles; That it would certainly not be compatible zoning to have a C-2 zone abutting one of R1A; that upon consideration by the Planning and Zoning Commission of a request by Mr. VanderMeer for the rezoning of this property which he made last September, it had been the consensus of the Commission at that time that the proposed use of the property should be applied for under a PUD or CUP and that Mr. VanderMeer then withdrew his request; That upon his inquiry of Mr. VanderMeer following the recent P & Z meeting if the property owners were still in a position that they could not request use of the property by either PUD or CUP, he had advised that under present economic conditions they didn't know when or what they could do; That it would mean the removal of prime R-2 residential zoning; That the present property owners, being business men, would be foolish not to dipose of the property if the right opportunity arose, and if such transaction did take place, this large parcel of property would be available for all uses permissible in a C-2 zone which he queried would be fair to the citizens . e e . MINUTES NQ 1222 of Clermont; Thatit was his understanding that in the proposed reconstruction of Highway #50t the existing right-of-way in that area would in~ude a sidewalk and he desired that Council visualize Highway #50 at that location as a widened roadt a sidewalk permitting people to walkt directly opposite a gasoline service station~ no buffer in the middle of the streett traffic existing both left and right as well as directly acrosst which he felt would be extremely hazardous and not representative of the wishes of all of the people in Clermont; andt That he did not feel Council should consider the rezoning of'the property to accommodate a bank because it would be the rezoning of a total large percel of property. There was on one else present who requested to address the Council regarding the matter. Council was in agreement that all pertinent precautiolls had been taken with regards protection of abutting property ownerst that the major commercial shopping area of Clermont was now located in that area of the citYt but that consideration should be given for possible future change in ownership of the R1A property immediately to the south. . Motion was made by Councilman Blackburnt seconded by Councilman Schroedel and carriedt that the property be rezoned as requested with deletion of the South 200' as described thereof in the request. Mayor Smoak and Councilman Oswalt voted Naye on passaae of the motion. City Attorney Baird was requested to prepare the necessary or inance for presentation at the next regular meeting. Mayor Smoak announced the next order of business to be a Public Hearing to consider request of J. M. VanderMeert Trusteet for the closing and permanently abandong of Hill Street, from Disston Avenue to Strickling Street. Mr. VanderMeer appeared before Council in behalf of this request and advised they were the owners of the property on both sides of the street. Mayor Smoak inquired if there be anyone present who desire to be heard regarding this matter, and there were none. Motion was made by Councilman Oswaltt seconded by Councilman Byrd and carried that the request be granted. City Attorney Baird was requested to prepare the necessary ordinance for presentation at the next regular meeting. Mayor Smoak announced the Public Hearing would continue to consider the request of J. M. VanderMeert Trustee, for the closing and permanently abandoning of Carrie Streett from Minnehaha Avenue to Hill Street. Mr. VanderMeer advised Council that they were the owners of the property on both sides of the street. Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the request be granted. Councilman Oswalt voted Naye on passage of the motiont inasmuch as a portion of this street is not within the confines of the proposed development area that Council previously voted to change the zoning of. Mr. R. W. Waters, Chairman of the Bicentennial Committee, apeared before Council to report on the Committee's progresst tOday. He advised that a representative from the schoolst churches, veterans organizations, youth groups, tourist clubs, professional officiest utilities offices, merchantst womans clubst mens clubst U. S. Governmentt recreation clubst City of Clermont, and Town of Minneola , had been appointed to the Committee; That the members would be collecting memorabilia from each of these organizations for sealing in a Time Capsule to be opened during the country's Tri-centennial celebration in 2076; That it was their suggestion to obtain a time capsule of 2 square feet, 1811 high with a bronze plaque denoting the date, and to be placed in the Center Lake area; That it had been proposed that the~Veterans Organizations would sponsor a parade on July 4th preceding a flag pageant to be performed by youth of the area t the time capsule site and just immediately prior to sealing of the capsule; and, That the committee would continue to seet on the 4th Monday of each month, and they would encourage that members of the Council meet with them for their ideas and suggestions. . e e . MINUTES NQ 1223 City Manager Hopkins submitted his regular written report, and a copy is attached hereto. City Manager Hopkins orally reported that notification had been received that the Farmers Home Administration has approved the contracts submitted to them for approval following the approval by City Council, that the letter had been forwarded to the engineers for their review, and that it was anticipated the contracts would soon be forthcoming for Council's approval and execution. He further reported he was hopeful of meeting the 60 day deadline in terms of award, January 13th being the last day of the 60 day period. City Attorney Baird reported that State Statutes require that any amendments to a city charter be incorporated into a revised charter before forwarding to the Secretary of State for filing and he therefore would need time to have the entire revised chater typed, but anticipated having it ready by January 1st. He further reported the new charter would take effect on date of filing. With regards The Lake Improvement Committee, Mayor Smoak advised a communication had been received from City Attorney Baird setting forth the manner of funding and expending of monies for such project, which he was forwarding to the City Manager and Finance Director. With the same regards, City Manager Hopkins advised that a check had been received this date in the amount of $500.00 from the Donald D. and Margaret B. Horton memorial fund for the purpose of designating a grant for scientific research project on water pollution of Clermont Lakes to aid in funding project for construction of catch basin which is designed to filter run-off water before entering lakes. Finance Director DeDier reported that tax monies had been coming in real well, and that the cash flow was in excellent shape at this time. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the bills be paid. City Manager Hopkins reported that a single bid had been received for the Building Official's car from Bob Wade Ford @ $3,786.43, and that he recommended that Bob Wade Ford be awarded the bid. Motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that the recommendation of the City Manager be accepted. City Attorney Baird had been requested to prepare an ordinance regarding skateboard riding, which he presented at this time. AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING THE RIDING OF SKATEBOARDS ON THE STREETS, ALLEYS, PUBLIC PARKS~ OR PARKING LOTS OPEN TO THE USE OF THE GENERAL PUBLIC: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. The Ordinance was read in its entirety by City Clerk Carroll for a first reading. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the Ordinance be adopted. Councilman Byrd voted Naye on passage of the motion. During discussion prior to second and final reading of the ordinance, Mr. Tom Dougherty addressed the Council from the floor in opposition to passage of such and ordinance inasmuch as he felt all local youths would be penalized, and advising that there were very few suitable private home dr1veway~ in the city on which the youth could skateboard. Councilman Byrd was in agre'e~emt1 : with Mr. Dougherty. Mayor Smoak advised the emergency ordinance would expire in 61 days, and that it was hoped the reported problems with skateboard will have been eliminated by that time and a permanent such ordinance would not be necessary. Mayor Smoak read the EMERGENCY ORDINANCE for a second and final reading, by title only, whereupon motion was made by Councilman Oswalt and seconded by Councilman Schroedel that the ORDINANCE be adopted. Upon roll ca'n vote on passage of the motion, the result was: Ayes: Oswalt, Schroedel, Blackburn, and Smoak. Total Ayes: Four. Nayes: Byrd. So the ORDINANCE was adopted and the Number 143-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCE: DEFINING OFFSTREET PARKING SPACES, PROVIDING FOR OFF-SITE SIGNS, PROVIDING FOR ON-SITE SIGNS, PROVIDING FOR CERTIFICATES OF . e e . MINUTES NQ1224 OCCUPANCY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a second and final reading by City Clerk Carroll, by title only. Upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Byrd, Schroedel, Oswalt, and Smoak. Total Ayes: Five. Nayes: None. To the ORDINANCE was adopted and the Number 141-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING FOR SWIMMING POOL AND PATIO REGULATIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILfIY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a second and final reading by City Clerk Carroll, by title only. Upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Byrd, Schroedel, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 142-C assigned to it. With mixed emotions, City Manager Hopkins submitted his resignation as City Manager to the Council effective the close of business on Friday, February 6, 1976. He expressed Thanks to the Council~ the city employees, and the citizens of Clermont for their support, cooperation, and assistance during his five years of serving as city manager. Speaking in behalf of Council, Mayor Smoak replied that it had been a pleasure to have Mr. Hopkins as the executive officer of the City of Clermont, that he felt the many programs innovated by Mr. Hopkins while serving as City Manager would stay with us and continue to be an asset to the citizens of Clermont, and that Council extended the very best wishes for his success. The meeting was adjourned by Mayor Smoak at 9:55 P. M. ~W~4 Do ores W. Carroll, City C erk & A-~~ Claude E. Smoak, .