07-13-1976 Regular Meeting
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REGULAR MEETING
NQ1306
A Regular Meeting of the City Council of the City of Clermont was held in
the Council Chambers on Tuesday, July 13, 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, Beals, Schroedel, and Byrd. Other officials
present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll,
Building Official Nagel, and Chief of Police Tyndal. Others present were: Miss
Beals, Messrs. Bacon, Wilkes, Stone, Rocker, Hooten, Black, Evans, Beach, and
Cook. Joe Sanchez, 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 Special Meeting held on June 29, 1976, were approved as
written.
VISITORS WITH BUSINESS: Nicholas F. Bacon d/b/a Bacon's Body Shop
Mr. Nicholas F. Bacon and his representative, Attorney William
Stone, appeared before Council to seek relief from an existing
city ordinance (Section 14-35 Clermont Code) prohibiting parking
of operable vehicles for sale on public right-o-way in front
of Bacon's Body Shop located on the corner of Eleventh Street
and Minneola Avenue, advising that such display was in conjunction
with the body shop business conducted there by Mr. Bacon, and
which was a continuing practice as existed when he purchased
the business with exact intentions for use of the premises.
They further opined there was ample distance from the paved
street area for such parking so as not to create a traffic hazard.
Following recommendation of City Attorney Baird as to proper
wording in order to grant relief as requested, motion was made
by Councilman Byrd, seconded by Councilman Blackburn and carried
that the decision of the city building official wherein the
vehicles arked on the ublic ri ht-of-wa in front of Mr. Bacon's
property in vio ation of city ordlnance must be removed, be
modified to allow him to continue parking vehicles in that location
provided a strip of land fifteen feet in width from the street curb
back toward Mr. Bacon's property be kept free and clear for public
use. Councilman Beals voted in the negative on passage of the
motion, advising he felt that anytime an attempt is made to
circumvent existing law and go against decisions as made by the
building officials, something more is being done to damage the
morale of the entire city administration and for this reason he
could not support such a motion.
Upon inquiry of Building Official Nagel if there were any other
existing violations as regarding Mr. Bacon's property, he advised
that the property had to be fenced in on the Eleventh Street side.
Mr. Bacon advised Council that this would be done.
VISITORS WITH BUSINESS: Mr. Clint Hooten d/b/a Tropicana Products, Inc.
Mr. Cint Hooten, local area manager for Tropicana Products, Inc.,
appeared before Council seeking permission to retain a chain link
fence in its existing location, after having received notice from
the city building official that it would have to be removed in
conformance with existing city ordinances. Mr. Hooten advised
that a 6" chain link fence had been installed around their truck
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NQ1307
facility some eight years previously, and the portion fronting on
Minnehaha Avenue had been installed and the area paved on 30" of
street right-o-way with verbal permission from the then City
Manager, A. M. Johnson; That such installation represented a
sizeable investment, and unless there was an invnediate need of the
property by the city, would request to maintain the fence as it
exists.
Council was sympathetic with the appeal of Mr. Hooten, but it was
their consensus that a physical structure such as this, installed
at the street curb line and strictly prohibiting public use of
public right-o-way, could not be allowed and they would support the
decision of the building official, whereupon the necessary motion
was moved by Councilman Beals, seconded by Councilman Blackburn
and carried unanimously. . Following inquiry by Mr. Hooten if it
would be permissible to relocate the existing fence within the
required set-back, he was advised to reconstruct the fence at its
present height would require a variance. Four council members
expressed their intention to support such a variance if one is
requested, and advised that a ninety day period would be allowed in
which to comply with meeting the requirements as set forth by the
by the building official.
The matter of removing the pavement from the right-a-way area
after the fence has been removed, was referred to City Manager
Tiffany.
BID OPENING: FLAT BED DUMP TRUCK
City Manager Tiffany reported the receipt of bids on a Flat Bed
Dump Truck had been received ~s follows:
Transtat Equipment
Transtat Equipment
Bob Wade Ford
Superior GMC
Superior GMC
Heintzelman's Truck
1977 Ford
1977 Int'l
1977 Ford
1977 GMC
1976 GMC
1977 Ford
$ 8,038.83
8,340.00
8,260.64
9,637.78
8,440.00
8,194.47
Mr. Tiffany advised that the bids were in order as per specifications
excepting the one from Superior GMC on a 1976 model, and he would
reconvnend that the low bid as submitted by Transtat Equipment on a
1977 Ford @ $8,038.83 be accepted, and the funds be allocated with
Revenue Sharing monfes.
Motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and unanimously carried that the reconvnendation of the City
Manager be accepted and the necessary purchase order be issued.
VARIANCE REQUEST: Mr. Tom Chamlee d/b/a Fina Oil Company
Mr. Robert Boone of Boone Sign Company appeared before Council in
support of a variance request by the Fina Oil Company to construct
a sign on their property at 1550 Highway # 27 at a height 10. in
excess of that allowed in Section 26-25 (D)(E)(l) of the Zoning
Ordinance. Mr. Boone advised Council the additional height would
be necessary in order to be seen by northbound traffic on Highway
# 27 at a distance far enough to make a safe exit at the northbound
exit road inasmuch as the grade elevation of the proposed sign
location is approximately 28' below the highway right-o-way.
Council was familiar with the location and in agreement with the
request, whereupon motion was made by Councilman Blackburn, seconded
by Councilman Beals and unanimously carried that the request be
granted.
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NQ 1308
PRIVATE ALLEY: LOT 8, BLOCK 81, CITY BLOCKS
With regards access to the city owned dead-end alley from
DeSoto Street, Mr. Tiffany reported he had met with Mr. Jack C.
Gaddy, owner of the private drive immediately east of Hunt's Garden
Center which runs northward from DeSoto Street to the end of the
city owned alley, and he had agreed to allow the drive to be
used as a public thoroughfare for the duration of Florida Power
Corporation's tenancy in return for the city assuming responsibil-
ity for its maintenance. Motion was made by Councilman Byrd,
seconded by Councilman Beals and carried that City Attorney Baird
be requested to prepare the necessary documents to effect such
an agreement between the city and Mr. Gaddy.
CITY ATTORNEY'S REPORT
City Attorney Baird reported on a request received for a Quit-
Claim deed from the city on an easement granted to the city for
right-o-way for an alley extending east and west between Bloxam
Avenue and Hampton Street in order that clear title to the property
might be obtained. He advised the easement described located
is where the Freedom Federal Savings & Loan Association Building
stands. Motion was made by Councilman Beals, seconded by Councilman
Blackburn and carried that City Attorney Baird prepare the necessary
Quit Claim Deed for this easement to Life and Casualty Insurance
Company of Tennessee, owners of the fee simple title to the
property, and that it be executed by the Mayor and City Clerk.
City Attorney Baird reported that no action has been taken by owners
of several condemned buildings in the city, following ample notices
and extensions of time, and he would thereby recommend that legal
action be instigated. Motion was made by Councilman Blackburn,
seconded by Councilman Schroedel and carried that the City Attorney's
recommendation be accepted and he be authorized to apply to the
Circuit Court for an order directing the property owners to remove
the buildings.
City Attorney Baird reported he had received communication from
Teleprompter, Inc. regarding Council's inquiry as to their refusal
to serve the residences in Orange Hill and Edgewood Place Subdiv-
ions, wherein they advised that it was not economically practicable
nor feasible at this time, but they would review the matter again
before the end of the year. Mr. Baird was requested to inquire of
the criterion by which this decision was made.
MAYOR'S REPORT
Mayor Smoak reported briefly on the recent successful Bi-Centennial
Celebration sponsored by the city, and extended many words of Thanks
and Appreciation to all those who helped make it a success.
Mayor Smoak advised the next quarterly Lake County League of Cities
Meeting would be held in Eustis on Wednesday, July 21,1976, with
the Honorable Hans Tanzler, National League of Cities President,
to be the main speaker. He encouraged all members to attend if
possible.
Mayor Smoak reported that due to a recent act of the State Legislature,
all mjnicipal courts would be phased out effective January 1, 1977,
and he requested that City Manager Tiffany contact Circuit Judge
Booth and County Clerk Watiins with regards feasibility of Clermont
complying with this mandate prior to the effective date. He further
asked that Mr. Tiffany pursue the matter of a possible court annex
for South Lake County to be located in Clermont.
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NQ1309
COMMENTS BY COUNCIL MEMBERS
Councilman Schroedel, liaison representative to the Library Board,
reported briefly on his recent attendance of their regular meeting.
He advised that "talking" books for the blind were now available
at the Library, as well as copies of the New York Times Book
Reviews.
Councilman Beals reported that he and City Manager Tiffany had
pursued the matter of contacting several prospective buyers for
the present city hall building with regards a possible exchange for
the former Exchaoge Bank Building, but had been unsuccessful in
their efforts.
COMMUNICATIONS
City Clerk Carroll read a communication from Mr. Bob Wade, President
of the Greater Clermont Chamber of Commerce, wherein he expressed
appreciation for Council's assistance and cooperation in the
creation and emplacement of the TIME CAPSULE for the Bi-Centennial
Celebration.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman
Beals and carried that the bills be paid. A copy is attached here-
to.
COMPREHENSIVE PLANNING COMMITTEE APPOINTMENT
Mayor Smoak announced the appointment of Mr. John W. Fleming to
serve on the Comprehensive Planning Committee.
COUNCIL WORK MEETING
Mayor Smoak called a work session of Council to consider preparation
of the 1976-77 Budget for Tuesday evening, July 20th at 4:00 P. M.
in the office of the City Manager.
LANDSEAIR BUILDING
City Manager Tiffany was requested to pursue the matter of renting/
leasing the city owned building at the corner of Eighth Street and
Minneola Avenue, recently vacated by the Landseair Travel Agency.
SEWER EASEMENT - MINNEHAHA ESTATES
City Manager Tiffany reported that thru error, a sanitary sewer
lateral had been installed in the Minnehaha Estates Subdivision
on private property without benefit of a necessary easement; That
the property owner had refused to grant the necessary easement,
and he thereby recommended that the matter be referred to the City
Attorney for proper action to obtain the property. Motion was
made by Councilman Beals, seconded by Councilman Blackburn and
unanimously carried that the matter be referred to City Attorney
Baird to ~roceed with whatever action he deems advisable, including
condemnatlon.
SECKLER PROPERTY
City Attorney Baird reported he had reviewed the Option to purchase
the Seckler Property as requested by Council, and was not satisfied
with the way it was written for purposes protecting the city, and
enumerating, (1) manner proposed for exercising the option (2) lack
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NQ1310
of reference to type of title that would re received. Motion
was made by Councilman Beals, seconded by Councilman Blackburn and
unanimously carried that the Option be drawn by City Attorney Baird
as he would recommend. Mayor Smoak asked that the Optionor's
rights to any and all crops on the property be terminated upon
execution of the otpion be included, as well as be dated 90 days
from the date it is accepted.
ORDINANCES
Councilman Blackburn offered and moved the adoption of 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 ORDINANCE IN CONFLICT HEREWITH:
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PRO-
VIDING FOR PUBLICATION and the motion was seconded by Councilman
Beals. The Ordinance was read for a second and final reading
by City Clerk Carroll, by title only, and upon roll call vote on
passge of the'motion, the result was: Ayes: Beals, Byrd, Schroedel,
Blackburn, and Smoak. Total Ayes: Five. Nayes: None. So the
Ordinance was adopted and the Number 147-C assigned to it.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING
SECTION 26-73 OF ARTICLE X OF APPENDIX A OF THE CODE OF ORDINANCES:
PROVIDING FOR NONCONFORMING SIGNS: REPEALING ALL ORDINANCES IN
CONFLICT 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.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, FLOIRDA, REFERRED
TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES: REZONING
THE REAL PROPERTY DESCRIBED HEREIN FROM C-2 ZONING CLASSIFICATION
TO R-3 ZONING CLASSIFICATION: REPEALING ALL ORDINANCES 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.
Mayor Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION
24-2 OF THE CODE OF ORDINANCES: PROVIDING FOR PARKING OF TRAILERS:
REPEALING ALL ORDINANCES 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.
MINNEHAHA ESTATES SANITARY SEWER CONSTRUCTION
City Manager Tiffany was requested to categorize, from visual
inspection, the areas of unsatisfactory construction, both to the
property owners and the city, in the Minnehaha Estates sewer
construction program for review by Council prior to final payment
being made.
There being no further business to be brought before Council at this time, the
meeting was adjourned by Mayor Smoak at 9:30 P. M.
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Do res W. Carroll, City erk
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