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02-24-1976 Regular Meeting . e e . MINUTES NQ1250 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, February 24, 1976. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilman Blackburn, Schroedel and Byrd. Other officials present were: Acting City Manager Smythe, City Attorney Baird, Deputy Clerk Dollar and Finance Director Williams. Others present were: Mr. and Mrs. J. Sargent, Messrs. Mueller, Miller, Czech, Beals, Daniel, and four political science students. A representative of the Sentinel/Star was also present. 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 17, 1976 and of the Special Meeting held February 23, 1976 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request of Jane Wilkins of Jane's Interiors for a variance to Section 26-24 (D) (2) (f) (C2 NEIGHBORHOOD COMMERCIAL DISTRICT-SIGNS) of the Zoning Ordinance in order to place a second marquee sign at her business located on Lot 20 in City Block 89. Since the ordinance permits only one (1) wall or marquee sign, and one sign already exists on the building, Mrs. Wilkins stated in her appeal that her reason for requesting a variance was that the second sign would enhance the appearance of the building. It was the opinion of Councilman Byrd, following his inspection, that this sign would be in order as it would match the existing sign on the building and have a balancing effect. Councilman Schroedel stated that he was in favor of Jane's Interiors move to downtown and therefore moved that this variance be granted. The motion was seconded by Council- man Byrd and carried. Councilman Blackburn stated he voted in favor of the motion as he, too, felt the sign would enhance the appearance of the building. The request of Mr. James W. Finley for a sign variance which had been tabled from the last council meeting was reconsidered. The Acting City Manager informed Council that the original sign size was misinterpreted and the allowed size is 171.75 feet. The requested variance encompasses 220 square feet. Mr. Finley was not present at this hearing although his presence had been requested by the Building Official. Following a discuss'ion in which mixed feeling amoung council was expressed as to Mr. Finley's request for a variance to add lettering to fit in with the existing sign structure, motion was made by Councilman Blackburn and seconded by Councilman Schroedel that this request be denied. The motion failed to carry with Councilmen Blackburn and Schroedel voting Aye and Councilman Byrd and Mayor Smoak voting Naye. Motion was made by Councilman Byrd, seconded by Mayor Smoak and carried that this request be tabled until a fifth member of council has been elected and seated on the Council follwoing a special election on March 9th. Mayor Smoak announced Council would now sit as a Board of Adjustment to hear the request of Jehovah's Witnesses Church for a Conditional Use Permit to use the property described as Lots 11, 12, and 13, Block 7, City of Clermont for expansion of the church sanctuary. Acting City Manager Smythe advised that at their meeting on February 3, 1976, the Planning and Zoning Commission recommended approval of this request with the following conditions into which he had incorporated: The parking spaces shall be marked by concrete parking stops, which were omitted from the P&Z recommendations: 1. The building is placed not less than twenty-five (25) feet from any property line. . 2. Off street parking shall be provided for church use at a ratio not less than fourteen (14) square feet of parking space for each square foot of floor space provided for worshippers within the church sanctuary. The parking area shall be grassed area utilizing Bahia grass; however, ten (10) percent of the spaces shall be asphalt or concrete surfaced. The parking spaces shall be marked by concrete curb stops. The grassed parking area shall be maintained in good condition at all times. Driveways shall be asphalt surfaced. 3. The requirements of Article V of Chapter II of the Code of Ordinances regarding landscaping shall be met. . e e . MINUTES NQ 1251 4. The project shall incorporate on-site retention to accomodate rainfall of maximum intensity based on a five year interval for the Central Florida area and overflow accomodation~ The storm water facitity shall be designed by a registered professional engineer in the State of Florida. 5. The structure or use cannot be expanded except as granted by the City Council under a Conditional Use Permit. 6. The project must conform to all provisions of zoning and other applicable ordinances. Mayor Smoak inquired if Mr. Mueller, representing the church had any comments to make before council and Mr. Mueller advised that they would abide by all the conditions set forth by the P&Z Commission recommendations. There was no one present who had any objections to this request. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the request be granted subject to the recommendations of the P&Z Commission and the added recommendation of the Acting City Manager concerning parking stops. Acting City Manager Smythe submitted his report both orally and written and a copy is attached hereto. Finance Director Williams reported the city's revenues are comfortably ahead of bud- geted expenditures and that he is currently working on a procedure to insure maximim return on temporary surplus funds by investing them during the times when they are idle. Mayor Smoak inquired if those funds are currently in short term CD's. Mr. Williams advised that we had a regular schedule of investments and are working on a procedure to insure that we have funds available in a very liquid state. Mayor Smoak reported as follows: That a work meeting of the !.ake County League of Cities had been held in Leesburg on February 18th with the basic topic of discussion being devoted to roads, bridges and solid waste disposal; That the membership voted to approach the County Commission with a new state law mandating the county commission 'to separate their county funds into these funds which benefit all the residents and and request to be on their agenda to make this formal presentation and that all of the Mayors of Lake County will attend; That additionally the membership voted to send a representative to the legislative session the last week in April; That now that we are getting into the baseball and softball season that he would request the Acting City Manager to review the earlier recommendations on the Clarence Bishop Field light- ing and present them to Council at their next meeting so that some definite steps can be taken prior to the season opening; Reminded that the State League of Cities Pre- Legislative Conference will be held in Tampa on March 1st and 2nd and urged all who can to attend this meeting; That a city election to fill the vacancy in Group One will be held on conjunction with the March 9th Presidential Primary. Two candidates for this position, Mr. Charles B. Beals and Mrs. Edith M. Sargent were present and recognized from the chair. Councilman Schroedel inquired the status of the city dock and was advised by Mayor Smoak that he had word that it had been approved by Tallahassee and formal approval should be received by the County no later than the middle of March and funds will be available immediately thereafter; that it was his hope that a workshop meeting will be scheduled with the contraetor to review his bid and to accept or reject his proposal. Mayor Smoak read a communication from the Future Homemakers of America wherein they requested permission to hold a dance in Jenkins Auditorium on February 28, 1976. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that this request be granted provided all rules and regulations as pertains to dances held in the Auditorium are met. . e e . MINUTES NQ 1252 Mayor Smoak read a communication from Mrs. Kathleen Vasonconesllos expressing her pleasure in Clermont's interest in the Bicentennial Wagon Train Pilgrimage in which she is taking part and thanked Council for their interest and cooperation. Mayor Smoak advised that Mrs. Vasconsellos had verbally stated to him that she would make a written request for a leather western jacket to be imprinted with "Clermont, Florida Bieen- tennial", but to date the written request had not been received. With regards financial assistance to mrs. Vasconsellos, motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that Mayor Smoak authorize to communicate with the Chairwoman of the Bicentennial Committee with regards this matter. Acting City Man8ger Smythe reminded Council of the Orange Blossom Breakfast on February 25th, sponsored by the Clermont Travel Service. With regards to road priority improvements to be submitted to the Board of County Commissioners, Acting City Manager Smythe submitted his recommendations for a five year plan and a copy is attached. It was agreed to defer discussion of these recommendations until a Council work meeting to be held on Friday, February 27th, at 4 P.M. In the meantime Acting City Manager Smythe was requested to check with the Lake County Road Department to ascertain if they new have control over SR 561; the latest date the city can submit input for this report and who has responsibility for maintaining the Farm to Market Road. Mayor Smoak also requested that a schedule to set up for future road priorities in advance of the due date of the report so a reasonable presentation can be made. Acting City Man.ger Smythe advised that on June 9, 1970 Council moved to make a land trade, a strip 18 feet in width and fronting on 8th Street, with Welborn Daniel for the installation of sewer mains into the city parking lot, and all located in City Block 80; That this deal was not consumated at that time for various reasons and now Mr. Daniel is ready to build and has requested that instead of the original 18' strip on the north that a 10' strip of city owned property on the east of his property be traded. Acting City Manager Smythe advised that he was in concurrence with this request as the 18' strip only would leave a 5' area south of a city owned structure, also that we are trading a similar parcel by doing this. He further recommended that instead of a property ex- change, that the city deed to Mr. Daniel the 10' strip for the consideration of a 15' easement to facilitate the existing sewer line, his reasoning being that a driveway is proposed in the easement area for access to the proposed private parking area of the new building, and if, in fact at a later date the configuration of the city parking area was changed to preclude rear access to this building the private parking area would have access to a public ROW; also the liability incurred in this area, which most certainly would become an entrance to the city parking lot, would not be desirable. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the recommendations of the Acting City Manager to deed to Mr. Welborn Daniel a 10' strip of city owned property abutting the north line of Mr. Daniel's property for the consideration of a 15' easement to facilitate the existing sewer line be accepted -'and that the city not be held liability for damage caused by maintenance or repair to any utility contained within that easment and that the City Attorney be directed to prepare the necessary deed and easement. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the bills be paid. Councilman Blackburn offered and moved the adoption of a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION TO EXTEND A CHURCK SANCTUARY and the motion was seconded by Council- man Byrd and carried. The RESOLUTION was read, by title only, by Mayor Smoak and the Number 269 assigned to it. Councilman Blackburn offered and moved the adoption of a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EXPRESSING SUPPORT FOR THE MINNEOLA POST OFFICE and the motion was seconded by Councilman Schroedel and carried. The RESOLUTION was read in its entirety by Mayor Smoak and the Number 270 assigned to it. . .:> . --~,.- e e . MINUTES NQ 1253 Councilman Byrd offered and moved the adoption of a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA IN HONOR OF BURNELL SCHUSTER, EXPRESSING SYMPATHY TO THE FAMILY OF BURNELL SCHUSTER. The RESOLUTION was read in its entirety by Mayor Smoak and the Number 271 assigned to it. The meeting was adjourned by Mayor Smoak at 8:30 P. M. t!!~ Claude E. Smoak, Jr., Milyor m ~~.(~ Mildred Dollar, Deputy Clerk