05-25-1976 Regular Meeting
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NQ1290
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, May 25, 1976. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Byrd, Beals, Blackburn, and Schroedel. Other officials present were:
City Manager Tiffany, City Attorney Baird, Director of Community Services Smythe,
City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndal. Others
present were: Mesdames Sheldon and Cunningham, and the Messrs. Fleming, Czech,
and Cooper, Ms. Gayle Carpenter, representative of Radio Sation WSLC, 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 held May 18, 1976 were approved as written:
Variance Request: Vivienne J. Thompson
Mayor Smoak announced the first order of business to be consideration
of a request from Vivienne J. Thompson for a variance to the existing
sign ordinance as regards maximum area and width, distance between
signs, and setbacks, in order to construct two signs on her property
described as a portion of Block AA in Minnehaha Estates Subdivision.
Mrs. Thompson submitted a letter to council in support of her request
wherein she advised an indentical variance requested has been granted
her previously, but that construction had failed to materialize
prior to the expiration date for implementation of the variance,
but the proposed signs were now on order for an approximate delivery
date of June 14th, should the variance be granted; That the required
county and state permit had already been obtained; and, that income
generated from the signs would enable her to care for and maintain
this property in a proper manner.
City Manager Tiffany advised Council that four nonconforming signs
presentingly existed on this property, and that according to the
existing sign ordinance, all nonconforming signs, including those
permitted under variance, with an original cost of $6,000 or more
shall be removed by January 25, 1977. except, one shall be allowed
to remain if it was in existence prior to adoption of the existing
ordinance on January 25, 1972.
Mr. Rick Cooper, representative of White Advertising International,
lessee of the property, appeared before Council in support of the
request, and advised he had not previously been aware that a permit
from the city was required in addition to the one as required by
the state DOT, which he had in hand; That earlier construction
had not been effected due to economic conditions, which would have
been within the allotted time of the original granted variance; That
construction and placement of the signs in a V shape as proposed,
would enchance the area more than existing signs which expose sign
construction; and, that he felt a hardship to both Mrs. Thompson
and his company existed, following their lengthy time and efforts
expended in obtaining the necessary proper permit from the state.
Mr. Cooper continued that he was also unaware of a city ordinance
providing for mandatory sign removals at a given time, and inquired
if council was aware of the existing federal law, under the Federal
Beautification Act, wherein sign companies and property owners will
be compensated for signs that are required to be removed.
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NQ1291
Following considerable discussion of the matter, it was the final
conclusion that the intent of the ordinance at time of its adoption
was to restrict a proliferation of signs at any location within
the city, and until such time as the ordinance is amended, if ever,
that it should be enforced. Council could not justify action to
allow construction of the proposed signs at this location as requested,
only to demand that they be removed in an eight month time period
as the ordinance mandates, and then the property owner and sign
company compensated with state funds because of the mandate, whereupon
motion was made by Councilman Beals, seconded by Councilman Schroedel
and unanimously carried that the request be denied.
Variance Request: Cunningham Realty
Mrs. Jo Cunningham of Cunningham Realty, appeared before Council
in support of the previously submitted written request for a variance
to the sign ordinance as regards heighth requirements for ground
signs placed on or behind the established building line, in order
to construct a ground sign of less dimension than required on their
property located at 400 East Highway 50. Mrs. Cunningham advised that
due to the extreme difference of the grade level of the building lot
and that of the highway roadbed, a ground sign constructed as
required and placed behind the building line, which is fifty feet,
would be of no benefit to identify the location of their business
from the highway. From the site plan of the property which she
presented, it was determined there would be a distance of 191 above
the roadbed to the bottom of the ground sign, if constructed and
placed as required, whereupon Council was in agreement that this was
a specific and illustrative case of hardship due to the topography
of the property. Motion was then made by Councilman Schroedel and
seconded by Councilman Byrd that the request be granted. Mayor
Smoak inquired if there be any discussion regarding the motion,
at which time Councilman Blackburn advised that he would abstain
from voting on the motion inasmuch as he held a real estate license
with the petitioners. The motion carried unanimously, with Councilman
Blackburn abstaining.
City Manager's Report
City Manager Tiffany reported that on-site work had begun this date
by Delta Marine Contractors, contractors engaged for the construction
of a swimming pier at Jaycee Beach, and, that the required DER permits
for construction of a fishing pier were still pending, but it was
anticipated they would be received in time that the fishing pier
construction could be started immediately upon completion of the
swimming pier.
Comments by Council Members
Councilman Schroedel, liaison representative to the Library Board,
reported that the Library Board had requested that Council waive the
normal use fee and allow them use of the Jenkins Auditorium for 6 days
during June in which to sponsor a summer reading program for the youth
of the area between the hours of 12 noon and 3:00 P. M. Motion was
made by Councilman Blackburn, seconded by Councilman Schroedel and
unanimously carried that this request be granted
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Councilman Byrd inquired if there had been an consideration of a city
sponsored summer swimming program, and he was advised there were
budgeted funds ala-i'Bble for such a program, but that a definite
plan had not been formulated. City Manager Tiffany was requested to
consider the matter and develop a plan formulation of his recommendations
to sponsor such a program. It was the suggestion of Mayor Smoak
that Mr. Tiffany inform the public of an anticipated time table
as to the beginning date of the program, as soon as is possible.
Air Boat Problems in local lakes
City Manager Tiffany reported it was his understanding that the Board
of County Commissioners proposed enactment of legislation to provide
enforcement powers to eliminate problems as reported to exist from
air boats. City Attorney Baird advised that municipalities have
police control jurisdiction over that portion of the lake which lies
within its municipal boundaries, and he would thereby recommend that
should such enactment as proposed by the county be effect, that the
city also enact such an ordinance regarding infractions occuring
within the corporate limits in order to provide a more stable
background in case of need for prosecution.
Payment of Bills
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel
and carried that the bills be paid. A copy'is attached hereto.
Minneola Police Dispatching & Jail Use Request
City Attorney Baird reported that a work session had been held on
Monday 'between himself, City Manager Tiffany, Police Chief Tyndal,
Minneola Town Manager Chastain, Minneola's Police Chief, and Minneola's
Attorney, Mr. Bill Stone, to formulate a formal proposal for the use
of the city's facilities by the Town of Minneola; That he was now
prepared to develop the tentative agreement in writing for consideration
by the Minneola Council and that he anticipated it would be back for
Clermont Council consideration about the middle of June.
Replacement of Grand Highway Well Motor
City Manager Tiffany reported he had solicited price quotations from
several different firms in addition to the ones received from Layne
Atlantic Company, and had received response from three; That the lowest
quote received on a motor sufficient to meet the city's need, was
the previous quote received from Layne Atlantic Company to furnish
and install a U. S. Motors Hollowshaft motor @ $4,531.00, and he
would recommend that this offer be accepted. Motion was made by
Councilman Blackburn, seconded by Councilman Byrd and unanimously
carried that the recommendation of the City Manager be accepted.
There being no further business to be considered by Council, the meeting was
adjourned by Mayor Smoak at 8:25 P. M.
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Dolores W. Carroll, City Clerk