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02-17-1976 Regular Meeting . e e . MINUTES NQ124e REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, February 17, 1976. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Blackburn, Schroedel and Byrd. Other officials present were: Acting City Manager Smythe, City Attorney Baird, City Clerk Carroll, Finance Director Williams and Utilities Director Davis. Others present were: Mesdames Vasconsellos, Simms, Mr. and Mrs. W. B. Perry, Messrs. Davis, Beals, Czech, Napalitano, and Sargent. 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 February 10, 1976 were approved as written. Mrs. Kathleen Vasconsellos, resident of Clermont and member of the Florida Bi- Centennial Wagon Train, appeared before Council and inquired of their interest in granting financial assistance to her as a representative of Clermont in the wagon train's cross country trip to Valley Forge by July 4th. It was consensus of the Council to cooperate in such a bi-centennial celebration endeavor, and Mrs. Vasconsellos was requested to submit an estimated cost of her expenses in making this trip, for Council's consideration at their next regular meeting. With regards claim submitted to Council by Mrs. Phyllis Stmms for alleged damages to personal clothing from rust in the city water system, it was determined there was no legal provision for remitting such compensation, and thereby there was no action taken by Council, however, they were sympathetic with the claim and ex- pressed same to Mrs. Simms, who was present. Mayor Smoak announced the next order of business to be a Public Hearing to consider the following variance requests: That of James W. Finley for a Variance to Section 26-25 (D) (e) (C2 GENERAL COMMERCIAL DISTRICT-SIGNS) of the Zoning Ordinance in order to allow for a sign on his property at 3230 South Highway # 27, 30 square feet in excess of the restricted size. Inasmuch as there was a question as to whether or not a portion of the sign, already existing, was a pre-existing structure, and the Building Official was not present because of illness, motion was made made by Councilman Byrd, seconded by Councilman Schroedel and carried that this request be tabled until the next regular meeting of Council; That of Bob Wade for a Variance to Article X, Section 26-79-30 (SIGN REGULATIONS- HEIGHT, SETBACK AND LOCATION MEASUREMENTS) of the Zoning Ordinance to allo~ for a service sign on the front portion of his property located in Section 26-29-22 which does not meet the height requirements for a ground sign, nor the setback requirements from a highway. It was the contention of Mr. Wade that a sign on the front portion of his property ~as necessary in order to advertise the location ';of his service department. It was the opinion of Councilman Byrd, following his inspection of the site, that due to the large size of the property, the sign would very well be in order. It was the opinion of Councilman Blackburn that one of the purposes of the existing sign ordinance was to prevent an excess of signs along the highway, and insamuch as a variance had been previously granted of an existing sign in the same area, he did not feel it would create a hardship to deny the request. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that the request be granted. Councilman Blackburn voted, Nay, on passage of the motion. That of Bob Wade for a Variance to Section 26-25 (D) (e) (3) (C2 GENERAL COM- MERCIAL DISTRICT-SIGNS) of the Zoning Ordinance to allow for placement of three wall signs parallel to the road, which would be in excess ot the one such sign allowable. It was the contention of Mr. Wade that, due to the different locations of the Parts, Service and Body Shop departments, the signs on each building were necessary for identification. Council was in agreement with this whereupon motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that the request be granted; e e e . MINUTES NQ 1247 That of William H. Basham for a Variance to Section 26-21 (E) (2) Rl URBAN RESIDENTIAL DISTRICT-SETBACKS) of the Zoning Ordinance to allow for enclosing an existing concrete patio on the north side of his residence located at the ~ of Lot 25 and all of Lot 25 in Highland Estates, which could be a penetration of three and one-half feet into the side yard setback inasmuch as his property is a corner lot.It was the contention of Mr. Basham that such an enclosure would be double security for his grandchildren when visiting , and protection from insects. It was the opinion of Councilman Blackburn that such request did not verify a hardship case, and therefore he eould not support it. Councilman Schroedel advised that he had inspected the site, and could find nothing det- rimental in allowing such an enclosure. Motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that the request be granted. Councilman Blackburn voted, Nay, on passage of the motion. With regards Council action on January 27th wherein a security deposit in the amount of $250.00 was to be posted by the Orlando Yacht Club for use of the Jaycee Beach facilities for their annual sailing regatta to be held on March 27th and 28th, along with other provisions as determined necessary, Mr. Carl Napalitano appeared before Council and advised as follows: That inasmuch as their organization was not set-up wherein there was a common treasury, such a deposit would constitute a hardship of the various members who are located in several different areas of the state; That their orginization would please request that in lieu of a deposit, a committee from their orginization be appointed to work closely with and in full cooperation with, a representative of the city in satisfying the requirements as set forth by Council; and, That it was certainly the intent of the organization to respect use of the beach area and be welcome to return. Council was in agreement with this, whereupon motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the deposit be waived and a committee from the Yacht Club make the necessary arrangements with Acting City Manager Smythe. Acting City Manager Smythe submitted his report both orally and written and a copy is attached hereto. City Attorney Baird reported he had reviewed the Florida Unemployment Compensation Law and the city files regarding claims filed for unemployment, as requested by Council, and would be preparing a method of procedure soon. With regards his unsuccessful attempts in obtaining a necessary easement in order that the South Lake Press might be served with sanitary sewer disposal, it was the recommendation of City Attorney Baird that condemnation proceedings be started. It was consensus of Council that all alternatives should be considered first, whereupon Messrs. Smythe and Baird were requested to formulate any ideas which they might have for Council's consideration. Mayor Smoak reported as follows: That he had received a communication from the Lake County Schools Superintendent wherein he advised the School Board had voted to encourage the joint use of school facilities for recreational purposes by citizens of Clermont as requested by Mayor Smoak, and enclosed the necessary facilities use form to be executed by the user~ the Principal, and the Super- intendent of Schools; That Mayor Ward of Minneola had solicited the support of Council in their petition campaign to retain a post office in Minneola, which was being considered for phasing out. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that City Attorney Baird be requested to prepare the necessary Resolution in support of this request; That he would remind Council of a work meeting of the Leagur of Cities to be held in the Council Chambers of The City of Leesburg on Wednesday evening, February 18th at 7:30 P.M. with the matters of solid waste disposal, Tax equalization, and a basic review of a format desired for the League of Cities to follow, to be discussed. City Clerk Carroll read a communication from John H. Torrez, wherein he0requested permission to hold dances in the Jenkins Auditorium on March 6th, March 27th and April 17th. Motion was made by Councilman by Councilman Blackburn, seconded I' e e e . MINUTES NQ1248 by Councilman Schroedel and carried that the request be granted provided all rules and regulations as pertains to dances held in the Auditorium are met. With reg~rds the recommendation of Acting City Mansger Smythe that the water main extension proposed for south of Hook Street be extended for a distance of 1275 feet by city crews substituting PVC pipe for cast iron at an approximate cost of $4,034.84 in lieu of the change order previously authorized providing for 2125 feet of cast iron, motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that the change order be rescinded and the Engineers be requested to obtain the necessary permits for city crews to proceed with the extension as recommended. With regards formulating a request for road priority improvements to be sub- mitted to the Board of County Commissioners, Acting City Manager Smythe was requested to formulate his recommendations for areas of State Roads within the city which he felt were in need of attention, for Council's consideration at their next meeting. With regards the proposal be Dr. William M. Howard to continue as the city's pension plan consultant, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that his proposal for biennial valuation of the pension plan and continued consulting services as before be accepted and City Attorney Baird be requested to prepare the necessary document. With regards construction of a storm water retention pit in the cemetery at time of State Road /I 50 widening and improvement, and the submission by the DOT of four alternatives for Council's consideration, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that Alternate D be accepted. Mayor Smoak called a Special Meeting of Council to be held in the office of the City Manager on Monday, February 23, 1976 at 5:05 P.M. to authorize the ballot of the Special Election to be held on March 9, 1976. The meeting was adjourned by Mayor Smoak at 9:30 P.M. C1aud~~r Attest: ~ t~~AA~l Dolores W. Carroll, City Clerk