06-08-1976 Regular Meeting
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A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, June 8, 1976. The meeting was called to order
at 7:30 P. M. by Mayor Pro-Tem Carlisle A. Byrd, Jr. with the following members
present: Councilmen Beals, Blackburn, and Schroedel. Other officials present
were: City Manager Tiffany, City Attorney Baird, City Clerk Barroll, Director
of Community Services Smythe, and Chief of Police Tyndal. Others present were:
Mr. and Mrs. John Aull, Mesdames Sheldon and Thompson, Miss Smythe, and the
Messrs. Czech, Fleming, Jones, Evans, and Henn.
The invocation was given by Robert E. Smythe, followed by repeating of the Pledge
of Allegiance in unison by those present.
Mayor Claude E. Smoak, Jr., arrived at this time, and assumed the Chair.
The Minutes of the Regular Meeting held May 25, 1976 were approved as written.
VISITORS WITH BUSINESS
Mrs. Jan Thompson appeared before Council in support of her
request for a variance to the sign ordinance, which had been
denied by Council on May 25th, and requested that they reconsider
the matter and rescind their action taken at that time. She advised
Council that signs had existed on this property for many years
under federal and state requirements only, but when the property
was annexed to the city and city ordinances thereupon took precedence,
it had been necessary to request City Council for a variance to
the city's ordinances, which she had done, and which Council had
granted, this having been done in August of 1974; That for various
reasons of the sign company to whom she had leased the property,
they had not utilized the granted variance during its allotted
time table, but were ready to start construction now; and, That
to deny her request would create a hardship inasmuch as the taxes
had increased five-fold on the property since it was annexed to
the city, and the revenue derived from the signs was needed to
care for the property in a proper manner.
Council was sympathetic to the existing situation as expressed
by Mrs. Thompson, but was in agreement that the many changes in
the requirements which had been made since her initial request
had been granted in 1974, had been in the best interest of the
citizens of Clermont, and could not justify their violation.
Thereupon, there was no action taken.
PUBLIC HEARING: AULL VARIANCE REQUEST
Mr. John Aull appeared before Council in support of his, request
for a variance in the setback requirements of the zoning ordinance
in order to construct a duplex on his property described as
Lots 2, 3, 4, 6, and 7 in Block 4 of Sunnyside Unit Subdivision.
Mr. Aull advised that he was the developer/owner of a rental
complex in this area, and that his own home was located there
also; That because of the unique shape of the parcel on which
he desired to construct another duplex, it had been necessary
that he apply for a variance when the development was first
started in 1973, which he had done, and which was granted by
Council at that time; That he had been unaware at the time of
a time limit in which to utilize the variance, and though he had
constructed many other units in the area, he was only now ready
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to utilize this particular parcel and had been advised that
the variance had expired; That being the sole owner of the
properties surrounding this parcel, with the exception of
one lot on which he had constructed a single family residence
and later sold, he desired a variance of approximately 18'
to the rear yard setback requirement in order to construct
a duplex which would meet his personal requirements and thereby
protect his existing rental development investment.
It was the consensus of Council that criteria for a definite
hardship existed due to the terrain and elevation differential,
and the existing retaining wall at the rear of the units facing
on Sunnyside Drive, whereupon motion was made by Councilman
Byrd, seconded by Councilman Schroedel and unanimously carried
that the request be granted.
CITYMANAGER'S REPORT
City Manager Tiffany reported that plans for a summer swimming
program were being finalized, and a tentative beginning date of
July 7th had been set at which time the new swimming pier would
have been completed and ready for use; and, that piles for the
fishing pier were to be brought down on Wednesday and work begun
on it concurrently.
It was the suggestion of Mayor Smoak that City Manager Tiffany
contact the proper governing bodies with regards permission to
deepen the boat ramp at the discharge area in order to accommodate
the launching of large boats, and which could be done during con-
struction period of the fishing pier. Mr. Tiffany advised he
would be happy to.
CITY ATTORNEY'S REPORT
City Attorney Baird reported the proper document of release to
Michaels-Stiggins, Inc. had been prepared for the Mayor's
execution, and a necessary RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ACCEPTING A SETTLEMENT
OF CLAIMS PROPOSAL FROM MICHAELS-STIGGINS, INC., ENGINEERS AND
ARCHITECTS: AND AUTHORIZING THE EXECUTION OF A GENERAL RELEASE,
and recommended their authorization. Motion was made by Councilman
Blackburn, seconded by Councilman Beals and unanimously carried
that the recommendation of the City Attorney be accepted. The
RESOLUTION was read in full by Mayor Smoak, and the Number 278
assigned to it.
MAYOR SMOAK'S REPORT
Mayor Smoak reported that plans were being finalized for an
excellent bi-centennial celebration to be held in the downtown
area on July 3rd, and urged all present to attend and encourage
others to do so; and, That the variance granted the city on the
sewage disposal system would expire this month, and he and City
Manager Tiffany would be meeting with Pollution Control Authorities
in Tavares next week regarding the matter. He further urged that
other members of the Council attend this meeting also.
REMARKS BY COUNCIL MEMBERS
Councilman Beals advised there was a real estate listing on the
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former Exchange Bank building, and he urged that Council
pursue the feasibility of purchasing the building for a city
hall if a sale of the existing city hall could be realized for
a comparable amount; That his firm had a co-op listing on
the property, but if it resulted in the city having an interest
in the property, he would immediately remove himself from any
monetary involvement. Council was in agreement with this
suggesti on, and City Manager Ti ffany was requested to i nvesti gate
the matter.
Councilman Beals further reported that, along with Messrs. Creech
and Davis of the Utilities Department, he had attended an East
Central Florida Regional Planning Council "208" Committee Meeting
on June 2nd in Altamonte Springs, at which time Mr. Aaron Dowling,
Director of the "208" Water Management Study Committee, presented
the current status of the "20811 Plan, and a briefing was held on
the ground water sampling program. Mr. Beals advised he was not
in agreement with the concept of regional government, and an
observation he gained:;. at the meeting was how much the bureaucracy
had expanded in just the two years time that he was not a member
of the Committee.
Councilman Schroedel inquired if the city could not tak~ prompt
action to remove the burned out church building near the intersection
of Highway #50 and 5th Street, and the pool .hall building at the
intersection of Chestnut and 4th Street, both of which had been
condemned by the city a long time ago. City Manager Tiffany was
requested to investigate the status of condemned buildings in the
city that have exceeded the condemnation time period, and report
back to Council at the next meeting.
Councilman Schroedel inquired if something couldn't be done to
correct the existing "eye sore" condition of the city owned street
right-o-way between DeSoto Street and the alley to the north on
the west side of Hunt's Garden Center, and the privately owned
street in the same area, except on the east side of the Garden Center,
which has been washing out badly from recent heavy rains and dumping
into Center Lake. These matters were referred to City Manager
Tiffany for his investigation and report back to Council.
Councilman Schroedel reported he had received numerous complaints
regarding door-to-door solicitors in the city recently resulting
in many cases of vandalism and thefts, and inquired if something
could be done to prohibit this practice. City Attorney Baird was
requested to prepare the necessary ordinance for protection of
the city from solicitations, for consideration at tile next meeting~
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Councilman Schroedel reported he had received complaints, and had
personally observed, the reckless actions of skateboarders in the
Sunnyside Plaza Shopping Center area, and inquired if something
could be done to prohibit it. City Attorney Baird advise the
most effective deterrent would be for the property owners and/or
business lessees to file complaints with the Police Department
under the existing city nuisance ordinance, and have the matter
resolved in municipal court.
COMMUNI CATIONS .
City Clerk Carroll read a communication from R. W. Waters,
President-elect of the Lake County Shriners, requesting reserva-
tion of the pavilion at Jaycee Beach for the Club's annual family
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picnic to be held on Augst 13th. Motion was made by Councilman
Byrd, seconded by Councilman Blackburn and carried that the
request be granted provided normal maintenance and clean-up is
observed.
City Manager Tiffany was requested to formulate a policy in
writing for the reservation and use of the pavilion, for Council's
consideration.
SOUTH LAKE PRESS SEWER
City Manager Tiffany reported the city had received an offer
from Mr. Jerry Lake, abutting property owner to the South Lake
Press, of a 5' wide easement across his property at a cost of
$500.00, in order that the Press building might be served with
sanitary sewer, and recommended that the offer be accepted and
the necessary sewer lateral be installed by city crews from
DeSoto Street. Motion was made by Councilman Beals, seconded
by Councilman Blackburn and unanimously carried that the recommen-
dation be accepted.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman
Beals and unanimously carried that the bills be paid. A copy is
attached hereto.
FIRE DEPARTMENT RESPONSE OUTSIDE CITY LIMITS
A written policy for fire department response outside the city
limits, formulated by City Manager Tiffany and Fire Chief Smythe,
was submi tted for Counci 1 cons i derati on, as follows: liThe
City of Clermont will respond to fire calls
outside the Clermont city limits only when
and where a dire emergency exist and loss
of life or extensive damage to more than
one building is eminent. In case of con-
flicting calls, priority shall be given
to fire calls within the City of Clermont.
After any response to an out of town fire
call, the Fire Chief shall estimate all
cost to the city of responding and shall
bill the appropriate party for the
service. II
Following consideration discussion of the proposed policy, it
was reduced to "--------only when a dire emergency exists or
possible loss of life------", whereupon motion was made by
Counci lman Byrd and seconded by Mayor Smoak that the po.l i cy as
amended be accepted. Upon voice vote, the motion failed to carry
with Councilmen Beals, Blackburn, and Schroedel voting in
the negative.
Councilman Blackburn offered and moved the adoption of the
policy if it be still further reduced to "-----only when life
is in jeopardy and the location is within
an effecti ve response area-nn".
The motion was seconded by Councilman Beals and carried, with
Councilman Schroedel voting in the negative.
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FLAT BED DUMP TRUCK PURCHASE
City Manager Tiffany recommended that a flat bed dump truck, as
allocated in the '75'76 budget, but which had been held in
obeyance due to unanticipated insurance costs, now be purchased
inasmuch as the revenue/expenditure report at the end of
eight months reflected there were funds available. Motion was
made by CouncilmanSchroedel, seconded by Councilman Blackburn
and unanimously carrled that the recomnendatlon be accepted.
TRAILER STORAGE AT M-l AND M-2 USES
According to existing ordinances, storage trailers for construc-
tion materials and/or office use on construction sites during
construction, or between jobs, in the industrial zones of M-l
and M-2 are prohbited. It was the opinion of City Manager
Tiffany that this appeared to be quite restrictive in that
existing ordinances allow for the parking of recreational
vehicles, which includes camp trailers, in residential zones.
Mot i on was made by Council man Beals, seconded by Councilman
Blackburn and carried that the City Attorney prepare the necessary
amending or.dinance wherein construction shed/trailer storage would
be allowed in M-l and M-2 zones. Councilman Blackburn voted, Naye
on passage of the motion. ,
MINNEOLA / CITY OF CLERMONT AGREEMENT
City Attorney Baird presented the document agreements to serve
the Town of Minneola with police dispatching service and use of
the jail facilities, and advised they had been executed by
Minneola officials at the direction of Minneola's Town Council.
Motion was made by Councilman Schroedel, seconded by Councilman
Beals and unanimously carried that the agreements be accepted
and executed by Mayor Smoak.
During discussion of this motion, Councilman Beals advised he was
in full"support of it, but inasmuch as the proposed submitted as
to whetberor not the citizens of Minneola and Clermont desired
to discuss a possible merger was so badly defeated, he queried
if they would be in favor of a cooperative arrangement such as
this, and therefore he would like to see this question placed
on the General Election ballot.
ABATEMENT OF NON-CONFORMING SIGNS
City Manager Tiffany advised Council that according to Section
26-73 of the City Code (SIGNS), all non-conforming signs,
except one by each busines, must be removed according to a time
schedule, and upon a recent survey it was determined there were
over 100 existing signs in violation. Motion was made by Council-
man Byrd, seconded by Councilman Blackburn and unanimously carried
that City Attorney Baird prepare the necessary amending ordinance
to repeal that portion of Section 26-73 requiring that non-con-
forming signs be removed according to a time schedule.
P & Z RECOMMENDATION REGARDING FIRE PERSONNEL
Following a recent residence fire in the city, the question of
the response time by the fire department was discussed by the
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P & Z Commission at their meeting held on June 1st, and a motion
was passed (5 to 2) "That City Council employ at least one full-
time person to be available 24 hours a day, on a rotating shift,
to be responsible to get the fire truck to a fire".
An investigation was made by City Manager Tiffany regarding fire
response time schedules, and he submitted documented response
times and the locations in chronological order from December
of 1974 which reflected an average of 4.857 minutes, which he felt
was an excellent rating and did not justify the cost for employing
full time personnel in the Fire Department at this tjme. Council
was in agreement and desired to express their commendation to
the Volunteer Fire Department for such an excellent record,
whereupon such a motion was offered by Councilman Byrd, seconded
by Councilman Blackburn and unanimously carried.
ORDINANCE NO. 147-C
Councilman Blackburn introduced_an ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING
SECTION 19-72 OF THE CODE OF ORDINANCES REGARDING TREES AND
SHRUBBERY: REPEALING ALL ORDIANCES IN CONFLICT HEREWITH: PROVIDING
FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION, and the Ordinance was read for a first reading
by Mayor Smoak, by title only.
ORDINANCE NO. 148-C
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDIN~
ANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING
ARTICLE Vl OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING
FOR A CENTRAL BUSINESS DISTRICT: REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE: AND PROVIDING FOR PUBLICATION, and the Ordinance was read
for a first reading by City Clerk Carroll, by title only.
ORDINANCE NO. 146-C
Councilman Byrd offered and moved the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, PROHIBITING THE EXPOSURE OF CERTAIN MATERIALS TO MINORS:
PROVIDING THAT CERTAIN MATERIALS FOR SALE BE KEPT FROM THE VIEW
OF MINORS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PRO-
VIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION, and the motion was read for a second and final
reading by City Clerk Carroll, by title only, and upon roll call
vote on passage of the motion, the result was: Ayes: Beals,
Blackburn, Schroedel, Byrd, and Smoak. Total Ayes: Five. Nayes:
None. So the Ordinance was adopted and the number 146-C assigned
to it.
RESOLUTION NO. 277
Councilman Beals offered and moved the adoption of A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AUTHORIZING EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS, and the
motion was seconded by Councilman Blackburn and unanimously carried.
The Resolution was read in its entirety by Mayor Smoak and the
Number 277 assigned to it.
There being no further business to be broght before Council, Mayor Smoak adjourned
the meeting at 10:00 P.M.
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Do ores W. Carroll, City Clerk
tJ/ 4--4~
Claude E. Smoak, Jr., Mayor