Loading...
03-08-1977 Regular Meeting . e e . 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. . e e . 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. . e e . 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. . e e . 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. ~AUA)h~,,!l Do res W. Carrol, Cl ty Cl erk ~.~ Claude . Smoak, Jr., Mayor ~ \