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03-23-1976 Regular Meeting ~ \ . e e e " MINUTES REGULAR MEETI NG NQ1263 A.". Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 23, 1976. The meeting was called to order by Mayor Claude E. Smoak, Jr., at 7:30 P. M. with the following members present: Councilmen Beals, Byrd, Schroedel,and Blackburn. Other officials present were: Acting City Manager Smythe, City Attorney Baird, City Clerk Carroll, Finance Director Williams, and Chief of Police Tyndal. Others present were: Mrs. Honey Jean Smoak, Mr. and Mrs. W. B. Perry, The Messrs. Don, Frank and Morris Smith, and the Messrs. Carroll, Wootson, Jamison, Czech, Sargent and Holtzclaw. 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 Meeting ~ld March 16, 1976 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider the request of Herman Bedsole for a Variance to ARTICLE VIII GENERAL PROVISIONS SECTION 26-40 (3) (Continuance of non-conforming uses) SECTION 26-23 (E) (3) Residential Professional District-Setbacks of the Zoning Orderinace, in order to construct an addition to his residence located at 612 Minneola Avenue. It was determined during discussion of the matter that a sub-standard set back existed presently in that the existing residence is only 6" off the rear lot line, and that it would be unfair to abutting properties to allow an expansion of such non-conformity. It was further determined by Council that to deny such request would not create a hardship in that the addition could be constructed to the east of the existing building and remain in conformity with existing regulations whereupon motion was made by Councilman Beals, seconded by Councilman Blackburn and carried unanimously that the request be denied. Mayor Smoak requested comment from Acting City Manager Smythe with regards trailer which has been placed on the manufacturing zoned property of Kometco, Inc. at 1703 Grand Highway which has been discussed as to the question of whether it can be called a mobile home due the fact that it is not serviceable for residency at this time, being used only for storage. Mr. Smythe advised that following a report to him that a trailer had been placed on this property, he visited the site and viewed a trailer which had been placed there without benefit of application for a permit to do so; That this being in violation of Chapter 24 of the Code of Ordinances (TRAILERS AND TRAILER CAMPS), he advised the General Manager of Kometco to this effect and requested that the trailer be removed; That he had the~ been advised the trailer was being used for storage purposes only without requirement for any utilities, but that it had been his determination that, according to the existing Clermont Code, this would still be in violation, as, temporary parking only by permit from the City Manager not to exceed a thirty day period with option for renewal at the discretion of the City Manager, is provided for; and, That he had consulted with the City Attorney with regards this matter and he had concurred with his determination. Mr. Holtzclaw~asinvited to comment in support of having the trailer placed in that location, and he advised as follows: That he would admit he was in error for not Obtaining a permit and would offer his apology for same; That due to recent circum- stances wherein he was in the process of purchasing the business, there was need for extra storage facilities immediately, and the trailer had afforded the quickest and most convenient; That it was not his intention to use the trailer on a permanent basis as he hoped to expand the existing building; and, That he desired permission to use the trailer solely for storage purposes without utilities of any kind for possibly a year, but certainly not to exceed a year. Councilman Byrd inquired of the City Attorney for his comment, and he opined that the trailer placed in that location constituted a violation of Chapter 24 of the city's Code of Ordinances. Mr. Baird further opined, that though there are provisions in the Ordinance for granting temporary permits not to exceed thrity days, but with option to renew, that after a study of the entire ordinance he did not feel it would be in the spirit of the ordinance to grant more than a couple of renewables. . e e . MINUTES NQ 1264 Councilman Beals advised that he was sympathetic to the request after having visited the site and viewed the purpose for which the trailer was being used which he did not consider undesirable, but would be reluctant to support it inasmuch as a complaint had been made and with the possibility that affirmative action could be setting a precedent that might be followed by similar requests but which could be of an un- desirable situation. Councilman Blackburn advised that he had visited the site and was impressed with the business existing there, but inasmuch as he was of the opinion that the existing ordinances or the intent of existing ordinances, should either be upheld or changed, he could not support the request, though he was sympathetic to Mr. Holtzclaw's request. Councilman Byrd advised he was in agreement with Councilman Blackburn, that he sympathized with Mr. Holtzclaw, and would do everything he could to I!telp: him satisfy the provisions of the ordinance, but to digress for just a minute, he would like to see the city administration devote itself to some kind of educational program as to the rules and regulations requi~ed by city ordinances and thereby eliminate the number of cases such as this that the Council has been confronted with wherein good citizens, through no negligence of their own, find themselves in violation of one of the city's ordinances and then "after the fact" must appeal to the Council for help. Councilman Schroedel advised that he had visited the site and had related to Mr. Holtzclaw that though he personally felt the facility was excellent for the purpose that it was being used, that it was in violation of the existing ordinance. Mayor Smoak questioned the facility being classified as a mobile home, when in fact it no longer has the capacity to sustain occupants but is simply a storage facility, whereupon City Attorney Baird advised that the ordinance is written in such a way that it covers trailers, period, and that these trailers are prohibited for use of storage except on a temporary basis. Mayor Smoak inquired of the facility's acceptability if determined as a structure requiring no utilities whatsoever, and he was advised that a structure would be allowed provided it met with the regulations of the Southern Standard Building Code for structures of commercial use. Mayor Smoak opined and recommended to Council that until such time as a determin- ation is made that the structure to be used solely as a storage facility without benefit of any utility will or will not conform to the Southern Standard Building Code, that a temporary permit be granted for thirty days during which a determination is made. City Attorney Baird advised the proper procedure to be taken now would be for the City Manager to issue a permit for a trailer for thirty days, followed by Mr. Holtzclaw making application for a building permit for a storage shed at which point the city administration would make a determination of whether or not that trailer will meet the requirements of the Southern Standard Building Code for a storage shed, whereupon motion was made by Councilman Byrd, seconded by Councilman Schroedel, and unanimously carried that the Acting City Manager be instructed to issue a temporary permit for thirty days as provided in the Ordinance to be followed by the procedure as outlined by the City Attorney. Elder Ira Lee Wootson, Morris Smith and Reuben Jamison, members of the official board of the Church of God in Christ, submitted a written commitment to Council from their congregation wherein they would start meeting the requirements of the necessary buffer strips and parking area of the church by April 1st if allowed to immediately occupy their church building, and complete the work at a time designated by Council. Motion was made by Councilman Blackburn, seconded by Councilman Beals and unanimously carried that a temporary certificate of occupancy be issued for the Church of God in Christ with an expiration date of Januar* 1, 1977 at which time all the necessary requirements must have been complied wit or the building would have to be vacated. The Church board members agreed to this unanimously and thanked the council for their consideration. Acting City Manager Smythe reported on the progress of the water and sewer improvements as follows: That Central Florida Underground had installed 717' of 6" water main on Fourth Street, and 717' of main on Chestnut Street between Seventh and Eighth Streets with the proper tie-ins; and, That Orange Paving Company had installed 485' of 8" vitrified clay pipe and one manhole in the Minnehaha Estates Subdivision which completes the South Waterview Drive Section, and they were now working on South Lake Shore Drive. . e e . MINUTES NQ 1265 City Attorney Baird, representing the local Jaycee Organization who had previously been given permission to use Bishop Field on April 3rd for a circus provided that certain stipulations were agreed to, inquired if Council would withdraw the stipulation that portable sanitation facilities be furnished and allow the use of the restrooms at the field upon assurance that they would be properly policed against vandalism by members of their organization. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the request be granted as presented by Mr. Baird. Councilman Byrd voted Naye on passage of the motion. George D. Williams, who has been serving as interim finance director on a part- time basis following the resignation of Mr. DeDier as fulltime director, reported to Council that as a result of his acceptance of full time employment out of the city, it was necessary that he resign the position of finance director, effective immediately. Mayor Smoak extended thanks and appreciation to Mr. Williams for a job well done and his willingness to serve. / Mayor Smoak reported that funds for upgradirig~ the recreational facilities at Jaycee Beach, with specific emphasis on the construction of a dock, had been approved by the State of Florida and should be forthcoming within the next ten days. He advised that the Lake County Planning and Zoning Department had reported the next procedure would be to secure bids under a definite proposal, and he suggested that the Acting City Manager be authorized to proceed with the Lake County Planning & Zoning Depart- ment to secure bid specifications that will meet the requirements of Lake County and bring back the final proposal for council's consideration. Motion was made by Councilman Blackburn, seconded by Councilman Beals and unanimously carried that this suggestion be accepted. With regards the need for signs designating a "No Swimming" area in the area around the boat ramp at Jaycee Beach, the matter was referred to Acting City Manager Smythe for proper posting. Councilman Schroedel reported that he had received a complaint with regards the traffic control at the intersection of Eighth and Montrose Streets since removal of the traffic lite, and inquiry as to the proper steps to be taken in requesting that the lite be installed. Inquiry was made of Chief Tyndal as to any recommendation which he might have regarding the matter and he recommended that the intersection be made a 4-Way Stop and kept that way permanently, whereupon motion was made by Councilman Blackburn that this recommendation be accepted. Considerable discussion followed regarding the matter, and it was final consensus that the problem existing at the intersection was just a matter of the public not yet being accustomed to the last change that was made in the traffic flow, and to make still another change at this time would mean even m~re confusion and increased problems, whereupon Mayor Smoak called for a vote on the motion and it failed to carry by a 4 to 1 vote, with Councilman Beals voting in the affirmative. Councilman Byrd inquired if the city's consulting engineers had been requested to obtain the cost figure difference in the pump that had been installed at:theSeminole. / Well as opposed to the one as had been specified, and Mayor Smoak advised he had requested this of Mr. Crowson. Councilman Beals reported that he had received a reElllest--fnom Mrs: A~ E: Slack that Council refer the matter of possible rezoning of that property at the north west corner of Juniata Street and Lake Avenue from its existing commercial zoning to that of residential, to the Planning and Zoning Commission for their consideration. It was the suggestion of Mayor Smoak, and Council was in agreement, that Acting City Manager Smythe communicate with the P & Z Commission regarding this request, apprising them of the matter, and to Mrs. Slack with regards the standard procedure which must be carried out in requesting a change in zoning as provided in the Zoning Ordi nance. City Clerk Carroll read a communication from the Clermont High School Student Council wherein they requested use of the Jenkins Auditorium in which to hold a dance on March 26, 1976. Motion was made by Councilman Blackburn, seconded by Councilman Beals and unanimously carried that this request be granted provided that all rules and regulations pertaining to dances held in the auditorium are met. or A . e e . MINUTES NQ1266 Mayor Smoak announced. that a cOnt11unication had been received from Mr. Gordon D. Tiffany wherein he accepted the 'council IS offer of employment as City Manager, and expected to begin work in that position ono'April 19, c 1976. With regards the sanitary sewer connection problem at the South Lake Press building, tabled from the March 16th meeting, a communication was received from the property owners wherein they reiterated their position that a normal/practical sewer connection had not been made available to the building as the city is obligated to do, and inasmuch as this service had not been made available, they requested a refund of the sewer assessment that was levied against their property, and with interest added from their date of payment. City Attorney Baird was asked to comment on the matter, and he reiterated his opinion as given on March 16th wherein the city had fulfilled their obligation at the time the collection line had been layed and a building line sewer lateral installed on the north east corner of the Press property, and the property owners were liable for the regular monthly sewer charges. It was still the opinion of Councilman Blackburn that the city had not made sewer service ayailable as it is impossible for the building to be hooked up to the collec- tion line as layed because of the elevation difference in the line and the buildings plumbing, whereupon he moved that the city take whatever steps are necessary to make sewer service available. The motion died for lack of a second. Councilman Beals advised that he could not determine that the property owner wanted to be hooked up to the system as much as he wanted a refund on the assessment which he had paid, and he therefore would be in favor of taking whatever action is necessary that would be the cheapest for the city. It was the opinion of Mayor Smoak that he would be in favor of assisting the property owner in some way to overcome the problem which has arisen if it were shown to him that, in good faith, hooking up to the system was what he wanted to do, but that he had not seen this expressed in any of the communications received, and therefore he moved that the request be denied, that the South Lake Press be assessed the same assessment that everyone else in the city pays, and that the sewer charge levied in the same manner which applies to everyone else, that if in some time in the future the owners of this pro~erty prove to the city that there is, in fact, a problem in connection, and dellneates that problem to the city, that the city council reconsider it based on those facts. The motion was seconded by Councilman Beals and upon roll call vote~ on passage of the motion, the result was: Ayes, Smoak and Beals. Total Ayes: Two Nayes: Byrd, Schroedel, and Blackburn. Total Nayes: Three: The motion failed to carry Motion was then made by Councilman Byrd that the recommendation of the City Attorney be accepted, that the property owner be notified that the city feels it has no further obligation, and that the fees and assessments be collected. The motion was seconded by Councilman Beals and carried. Councilman Blackburn voted Nayes on passage of the motion. Councilman Byrd advised the purpose of his motion was to get the matter resolved, either by the owner coming back before Council, or, in the courts. With regards the proposed layout for traffic control at the intersection of Hook Street and Lake Shore Drive as submitted by Acting City Manager Smythe, motion was made by Councilman Beals, seconded by Councilman Byrd and unanimously carried that the proposal be accepted. Motion was made by Councilman Blackburn, seconded by Councilman Beals and carried that the bills be paid. With regards appointments to be made to the Planning & Zoning Commission as noted in Mayor Smoak's communication to Council on March 17th, R. B. Williams was nominated for membership by Councilman Byrd. Councilman Beals advised that inasmuch as the Charter provides for a minimum membership of seven and a maximum of nine, he was not in a position at this time to offer any names for nomination as he was not aware that council had determined how many vacancies, if any, there were to be filled, and he thereupon moved that the matter be tabled until the next regular meeting. The motion was seconded by Councilman Blackburn and carried. . e e . MINUTES NQ 1267 With regards the request of Mayor Smoak on March 16th that council formulate their ideas of a desired procedure to be followed regarding change orders of any contractual arrangements obligating the city in order that a formal policy reduced to writing might be made, the matter was discussed at length, but there was no action taken. Motion was made by Councilman Beals, seconded by Councilman Blackburn and carried that Budget REsolution Number 4 be accepted wherein authorization is granted for the transfer of contingency funds to cover cost of the interim audit made from October 1, 1975 to January 15, 1976. The meeting was adjourned by Mayor Smoak at 10:00 P. M. ----.-/ ot~ Claude E. Smoak, Jr., Mayor ~}b/.~ Dolores W. Carroll, City erk