03-08-1977 Regular Meeting
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MINUTES
REGULAR MEETING
NQ1384
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, March 8, 1977. The meeting was called to order at 7:30 P.M. by
Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Blackburn,
Sbhroedel, Byrd, and Honey. Other officials present were: City Manager Tiffany, City
Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, Director
of Community Development Nagel, and Chief of Police Tyndal. Others present were: Ms.
Maureen Hurd; Messrs. Evans, Judy, Searles, Czech, Switzer, Eveland, and MacMillan.
A sales representative of Macasphalt Corporation was also present.
The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of
Allegiance, in unison by those present.
The Minutes of the Regular Meeting held on February 24, 1977 were approved as written.
SANITARY SEWER CONNECTIONS TO COMMERCIAL STRUCTURES
Mayor Smoak advised he had been contacted by Mr. Harold S. Turville
of 581 East Avenue, who was unable to be present at the meeting,
with regards a request for Council consideration in amending the
existing Ordinance requiring the use of cast iron pipe in sanitary
sewer connections to all commercial establishments. Mr. Turville
had advised that his commercial business was a single lavatory
beauty shop attached to his residence, not subject to heavy traffic,
and he therefore felt it would be reasonable to allow the use of
PVC pipe in such instances, as allowed in residential construction.
Mayor Smoak advised that he was in agreement, and he thereupon
moved that City Attorney Baird be requested to prepare the necessary
amendment to allow the use of PVC pi~e in an* commercial construc-
tion, provided that, if, in the opinlon of t e Building Inspector
and the City Manager, such use would not be detrimental to any
structure. The motion was seconded by Councilman Blackburn, and
carried.
VARIANCE REQUEST: EUGENE SWITZER
Mayor Smoak announced that Council would now sit as a Board of
Adjustment to consider a request by Eugene Switzer for a Variance
to Section 26-23 (E) (2) (3) (RESIDENTIAL PROFESSIONAL DISTRICT -
SETBACKS - SIDE YARD - REAR YARD) of the Zoning Ordinance, in
order to place a storage building on his property described as the
W 50' of Lot 11 in Block 54 of Crestview Subdivision. Mr. Switzer
advised that, due to the location of his residence on the 50' x 50'
lot, he was unable to place a storage building within the required
setbacks without blocking off two windows of his house and placing
it immediately outside his back door, and he was therefore requesting
a variance of 3 feet in the side yard requirement and 6 feet in
the rear yard requirement. He further advised that the adjoining
property to the east of his desired location for the building, was
vacant. Mayor Smoak inquired if there be anyone present who
desired to comment on the matter, and there being none, motion was
made by Councilman Schroedel, seconded by Councilman Honey and
carried, that the request be granted. Mayor Smoak voted in the
negative on passage of the motion, advising he did so, not because
he didn't think the building was to be placed in the right place.
but because he felt this was a substantial sized building that was to
be placed where it would encroach on the set-backs, and he felt
the existing Zoning Ordinance should be enforced except in cases
of penetrative legal hardship.
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MINUTES
NQ1385
VARIANCE REQUEST: V. G. EVELAND
Mayor Smoak announced the Council, sitting as a Board of Adjustment,
would consider the request of V. G. Eveland for a Variance to
Section 26-79-30 (b) (SIGN REGULATIONS-HEIGHT-SETBACK-LOCATION
REQUIREMENTS-GROUND SIGNS) of the Zoning Ordinance in order to
re-locate an existing sign on his property described as Lots 73
& 74 in Clermont Heights Subdivision, site of his Ideal Oil
Company Station at 477 East Highway 50. Mr. Eveland advised he
had received notice from the DOT that his existing sign would
have to be removed to a distance of 2~' south of its present
location to accommodate the widening of State Road 50, and in
order to accomplish this he needed a variance to the required 50'
distance to intersecting street right-of-way as his station is
located on the corner of State Road 50 and Anderson Street. Mayor
Smoak inquired if there be anyone present who desired to comment
on the matter, and there being none, motion was made by Mayor Smoak,
seconded by Councilman Honey and carried that the request be
granted.
RE-ZONING AND CUP REQUEST: RICHARD H. LANGLEY
City Manager Tiffany advised that, following Public Hearing and
consideration by the Planning & Zoning Commission, it was their
recommendation to Council that the request of Richard H. Langley
for the rezoning of the S 23' of Lot 251, and all of Lot 252 in
Clermont Heights Subdivision from its present R-2 Zoning to R-3
Zoning, be granted; That having made this determination, they then
considered request by Mr. Langley for a Conditional Use Permit
to construct a professional office building on the property, and
were recommending to Council that it be granted with the following
conditions:
(1) That no more than one 12 square foot ground sign and one
6 square foot wall sign, or one shingle sign in place of
the wall sign, and no other signs shall be constructed
or installed;
(2) That lot coverage shall not exceed 40%;
(3) That a site plan shall be provided and must be approved by
the City Manager;
(4) That the use shall not be expanded or changed except as
granted by the City Council under a Conditional Use Permit;
(5) That all provisions of zoning and other applicable ordinances
must be met.
Mayor Smoak inquired if there be anyone present who desired to comment
on the matter, and there being none, motion was made by Councilman
Blackburn, seconded by Councilman Schroedel and carried that City
Attorney Baird be instructed to prepare the necessary Ordinance for
re-zoning, subject to a Conditional Use Permit for professional office
including the conditions as recommended by the P & Z Commission.
Councilman Byrd voted in the negative on passage of the motion advising
he questioned the legality of restricting a rezoning to a particular
conditional use.
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MINUTES
NQ1386
FORMER EXCHANGE BANK PROPERTY
City Manager Tiffany advised of an oral inquiry from Mr. Henry
Hodge, representative of the former bank property owners, if Council
would be agreeable to pay the 1976 taxes as part of the proposed
exchange for the city hall property. It was the opinion of Mayor
Smoak, and Council was in agreement, that no further consideration
be given to the proposed exchange of the properties until such time
as a firm, executed, written proposal including full terms of
the proposed exchange as would be acceptable to the owners is
received, at which time it could be considered by Council to
accept and/or offer a counter-proposal, and he thereupon moved
that City Manager Tiffany contact them requesting same. The
motion was seconded by Councilman Blackburn and carried.
COMMUNITY APPEARANCE STANDARDS
In view of previous discussion by Council regarding strengthening
of the landscape ordinance, amending the sign ordinance, and
reviewing of other controls regarding development of the city,
City Manager Tiffany submitted a detailed article for Council's
perusal ,on innovated approaches to community appearance as
experienced by several other southern cities. Mayor Smoak opined
the article was a very informative one and applicable to Clermont,
and he thereupon requested that it be made available to the P & Z
Commission, and they be requested to consider the question of
developing community standards, and reduce their thoughts in
writing to a policy statement, for Council's consideration. Mayor
Smoak suggested further that following Council review and consideration
of such policy statement, a committee of interested citizens be
appointed to carry out such policy in a city-wide beautification
project. '
COMMUNICATIONS
City Clerk Carroll advised of a request received from Mr. John Torrez
to sponsor a dance in the Jenkins Auditorium on Saturday, April 9,
1977 between 8:00 P.M. and 1:00 A.M. Motion was made by Mayor Smoak
seconded by Councilman Byrd and carried that the request be granted
provided all rules and regulations pertaining to dances held in the
are met.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman Byrd
and carried that the bills be paid. A copy is attached hereto.
STREET IMPROVEMENT PROGRAM - LEVELING BIDS
City Manager Tiffany advised that a single bid had been submitted
for the asphaltic concrete leveling portion of the city's street
improvement program from Macasphalt Corporation of Winter Haven
@ $20.49 per ton plus $1500 for laboratory testing, and he recommended
that it be accepted. Motion was made by Mayor Smoak, seconded by
Councilman Blackburn and carried that the City Manager's recommendation
be accepted and the bid be awarded to Macasphalt Corporation as
as submitted.
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MINUTES
NQ1387
"208" PLANNING COMMITTEE APPOINTMENT
Due to increasing commitments to city projects by Preston Davis,
Utilities Director, Mayor Smoak appointed City Manager Tiffany
to serve as his replacement on the "208" Planning Committee as
a representative of the city, along with Mr. William Dailey,
previously appointed.
ORDINANCES
Councilman Blackburn offered and moved the adoption of AN ORDINANCE
OF'THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
DEFINING ELECTED OFFICIALS FOR SOCIAL SECURITY PURPOSES: PROVIDING
AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was
seconded by Councilman Byrd. The Ordinance 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 results was: Ayes:
Honey, Byrd, Blackburn, and Smoak. Total Ayes: Four. Nayes:
None. Absent: Schroedel. So the Ordinance was adopted and the
Number 94-M assigned to it.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF DREW AVENUE:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the
motion was seconded by Councilman Honey. The Ordinance 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: Byrd, Honey, Blackburn, and Smoak. Total Ayes: Four. Nayes:
None. Absent: Schroedel. So the Ordinance was adopted and the
Number 95-M assigned to it.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF BROOME STREET:
PROVIDING AND EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and
the motion was seconded by Councilman Byrd. The Ordinance 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: Byrd, Blackburn, Honey, and Smoak. Total Ayes: Four. Nayes:
None. Absent: Schroedel. So the Ordinance was adopted and the Number
96-M assigned to it.
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 25-11 (b) OF THE CODE OF ORDINANCES: AMENDING
SECTION 25-19 (b) OF THE CODE OF ORDINANCES PROVIDING FOR UTILITY
DEPOSITS AND TERMINATION OF WATER SERVICE RESPECTIVELY: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the
motion was seconded by Councilman Byrd. The Ordinance 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:
Honey, Byrd, Blackburn, and Smoak. Total Ayes: Four. Nayes: None.
Absent: Schroedel. So the Ordinance was adopted and the Number 158-C
assigned to it.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Smoak at 8:30 P. M.
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Do res W. Carrol, Cl ty Cl erk
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Claude . Smoak, Jr., Mayor
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