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11-22-1977 Regular meeting . e e . MINUTES NQ 1448 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, November 22, 1977. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Black- burn, Schroede 1, and Honey. Other offi cia 1 s present were: Ci ty Manager Ti ffany, Ci ty Attorney Baird, City Clerk Carroll, Public Works Director Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: Master Chris Honey, and the Messrs. Doub, Minor, Law, Czech, Ross, Ladd, Sargent, Matthews, and Cole. The invocation was offered by Mr. Smythe, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on October 25, 1977 were approved as written. PUBLIC HEARINGS: VARIANCE REQUESTS In view of the increasing number of requests for variances to the Zoning Ordinance, and the numerous ones appearing on this meeting's agenda, Council- man Blackburn reiterated his opinion that immediate consideration should be given to a thorough amendment of the existing ordinance, or,a more strict adherence to enforcing the existing ordinance. Mr. Tiffany advised the majority of variance requests received addressed themselves to the same section of the ordinance, that being the requirements in R-l Zoning Districts for setbacks. Building Official Nagel advised also of a problem existing in interpretations of structures. It was the suggestion of Mayor Smoak, and Council was in agreement, that the P & Z Commission be requested to review Section 26-21 of the ordinance, and the definition of structures and permitted uses in Rl, RIA, R2, and R3 zoning districts, for a specific recommendation back to Council as expeditiously as possible. Motion was thereupon made by Councilman Blackburn, seconded by Councilman Honey and carried that the Variance Requests submitted for: Lot 11, Block B Lot 3, Block C Lot 5, Block C Lot 6, Block C Lot 9, Block C Lot 12, Block C All in Edgewood Place Subdivision be tabled pending a recommendation to Council by the P & Z Commission. Council, sitting as a Board of Adjustment, considered the request by Mr. Jeffrey Ladd for a Variance to Section 26-22 (E)(3) of the Zoning Ordinance in order to enclose an existing patio on his property located at 409 West Osceola and described as Lots 1 and 3 in City Block 50. Mr. Ladd appeared before Council in support of his request, advising the patio had been con- structed at the time the residence was built, which was some twenty years ago, and he now desired to enclose it, which would create a penetration of twelve feet into the rear yard setback. Mayor Smoak inquired of any comment on the matter from the floor, and there being none, motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that the request be granted. Councilman Blackburn voted in the negative on passage of the motion. Council, sitting as a Board of Adjustment, considered the request by H. A. Ross for a Variance to Section 26-21 (E) (1) of the Zoning Ordinance in order to construct a 32" decorative non-structural wall to a house under construction on his property described as Lot 13, Block B, of Edgewood Place Subdivision. Mr. Ross appeared before Council in support of his request, and advised that the wall would be attached to the house with a roof/kind of arrangement that would penetrate the front yard setback by ten feet, but that its only function would be that of a decoration to improve the overall appearance of the house. Motion was made by Mayor Smoak, seconded by Councilman Blackburn and carried that the request be granted. . e e . MINUTES NQ 1449 Council, sitting as a Board of Adjustment, considered the request by Harold Roberts for a Variance to Section 26-21 (E)(3) of the Zoning Ordinance in order to place a utility building on his property described as Lot 1 and E 40' of Lot 3, Block 127 of Indian Hills Subdivision that would penetrate the rear yard setback by six feet. Mr. Roberts' request was based on his desire to retain a large shade tree that is located in his yard that would conform to the required setback. Mayor Smoak inquired of any comment from the floor on the matter, and there being none, he thereupon moved that the request be granted. The motion was seconded by Councilman Schroedel and carried. Councilman Black- burn voted in the negative on passage of the motion, opining that he did not feel the 1~ feet between the building and the rear lot line to be ample space for grass and weed maintenance. Council, sitting as a Board of Adjustment, considered the request by Harvey Nagel for a Variance to Section 26-45 (Side yard-Corner lots) of the Zoning Ordinance in order to construct a residence on his property described as Lot 7, Block C of Edgewood Place Subdivision. Mr. Nagel advised Council that with his property being a corner lot on an end block situation, it was almost impossible to construct a house that would meet the required living area requirements and necessary parking area, and at the same time meet the required side yard setbacks for corner lots, and he was thereby requesting a variance of 3 feet to the side yard setback requirement. Mayor Smoak inquired of any comment from the floor on the matter, and there being none, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the request be granted. CUP REQUEST: FLORIDA POWER CORPORATION Following consideration by the P&Z Commission, meeting in Public Hearing on November 16, 1977, it was their recommendation for approval of a CUP r~quest by Florida Power Corporation to store transmission poles and transformers on property described as the S 50' of Lot 1, S 50' of E 5' of Lot 3, S 100' of Lot 6, and all of Lots 2 and 4 in City Block 81, with the following provisions: (1) That a 6 foot high wooden decorative fence be erected within the property line to provide screening, and that all provisions of Chapter II, Article V of the Code of Ordinances be met; (2) That the use not disrupt traffic on city streets; (3) That existing large trees be preserved; (4) That the use not be expanded except with a Conditional Use Permit; (5) That landscaping be.matinained in a normal husbandry manner, including the removal of dead or diseased plants, and providing for their replacements; and, (6) That all other applicable regulations and ordinances be met. Councilman Blackburn thereupon offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO STORE TRANSMISSION POLES AND TRANSFORMERS, and the motion was seconded by Councilman Schroedel and carried. The RESOLUTION was read by City Clerk Carroll, and the Number 205 assigned to it. . e e . MINUTES NQ 1450 POPULATION ESTIMATE City Manager Tiffany advised of the receipt of a corrected population estimate for Clermont from the University of Florida, from the previously reported figure of 4,755 to 4,923. SIDEWALKS City Manager Tiffany advised that the P & Z Commission had completed a study of proposed sidewalk construction for the city, and had prepared their recommendations for Council's consideration. Mayor Smoak requested that the matter be placed on the December 13th meeting agenda, and the appropriate Sub-Committee Chairman be invited to participate in the discussion. SEMINOLE WELL STATUS City Manager Tiffany advised that a recent TV re-inspection of the Seminole Well had reflected that the leaks had been stopped, and they would now proceed with re-installation of the pumping machinery to start the water testing process again. ANNUAL FLORIDA LEAGUE OF CITIES CONVENTION Mayor Smoak reported briefly on his recent attendance of the annual State League of Cities Convention, and an interesting workshop session regarding the new classification and responsibility of Secondary Roads wherein the DOT will relinquish control over most of them and the precentage of gasoline tax that now goes to DOT will go directly to the Counties; That before the roads revert to County responsibility, if they are currently being maintained by the DOT and have not been paved in a 12 year period, or, are not of acceptable standards based on the DOT standards of todate, the cities may request that they be brought up to standard. He further advised that Minneola Lake Drive (SR #561) would be included in such a category, and City Manager Tiffany would be contacting DOT regarding the matter. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, reported on his recent attendance of their regular meeting whereat he was advised they are planning for a childrens Christmas party to be held in December; That the Hobby Displays continue to be a popular item at the Library; and, That Mrs. Bonnie Homan and a representative from the local Art Club were con- structing a beautiful fence for the childrens section at the Library. He further advised the book circulation was 2368 during the month, with the childrens book circulation having increased 100 from the previous month. VOLUNTEER FIRE DEPARTMENT Councilman Schroedel reported on his recent attendance of a Regular Monthly Fire Drill Meeting, which he had found to be very well organized and educational. He further advised that he hoped Council would give consideration in the near future of trading in the Fire Departmentls 1956 model vehicle for a new emergency attack model. UTILITIES RELOCATION City Manager Tiffany advised of a single bid having been submitted for the SR 50 Utilities Relocation work from Leecon, Inc. of Leesburg @ $35,498.35; That it was the City Engineerls recommendation that it be rejected as he felt it to be excessive; and, That he thereby would recommend that the bid be rejected; That authorization be granted for negotiation with S.M. Wall of Gainesville for the proposed manhole adjustment work with the city utility . e e . MINUTES NQ 1451 crews performing the balance of the work which involves relocating water and sewer lines; and, that authorization be granted to pay for the utilities relocation work from the Improvement, Repair, and Replacement Fund. Motion was made by Mayor Smoak, seconded by Councilman Blackburn and carried that the City Manager's recommendations be accepted. CAR PURCHASES City Manager Tiffany reported on bids received for 1 Police patrol car and 1 Public Works Director/Fire Chief car as follows: Regency Dodge - Jacksonville State Purchasing Contract on 1978 ASPENS Patrol Car @ $4884.95 Director1s Car @ $4526.40 Rally Chrysler/Plymouth - Leesburg a 1978 ASPENS Patrol Car @ $5543.08 Director's Car @ $5309.93 Seidlels Chevrolet/Oldsmobile - Clermont a 1978 NOVA Patrol Car @ $5489.62 Director's Car @ $5192.92 It was the recommendation of City Manager Tiffany that the bid of Regency Dodge be accepted, and the replaced cars be declared surplus property and added to the surplus property list. Motion was made by Councilman Blackburn, seconded by Mayor Smoak and carried that the City Manager's recommendation be accepted. GENERAL ELECTION City Clerk Carroll submitted the petitions of candidates for the General Election to be held on December 6, 1977 as follows: Group No. II Blackburn Ben Cole, Lester Group No. IV Schroedel, George J. and advised that they had been checked and were in order. Motion was made by Mayor Smoak, seconded by Councilman Blackburn and carried that the petitions be certified as presented and the Official Ballot be prepared as follows, which deletes Group No. IV as there was no opposition for that seat. OFFICIAL BALLOT GENERAL ELECTION CITY OF CLERMONT, FLORIDA DECEMBER 6, 1977 FOR COUNCIL MEMBER - GROUP II (Two Year Term) (Vote for One ) () BLACKBURN, BEN () COLE, LESTER . e e . MINUTES NQ 1452 City Clerk Carroll submitted the following named to serve on the Election Board for the General Election to be held on December 6, 1977, and recommended that they be appointed, with permission to make substitutions should it become necessary. Clerk: Inspector: II II A. M. Johnson Mrs. Frances Brice Mrs. Hilda McCown Mrs. Frances Oswalt Mrs. Goldie Wilson Mrs. Alice Pelfrey Mrs. Ella Mae Sheldon II II II Machine Inspector: II Mr. Comon Post Mr. W. B. Mallory Mr. Ray Dowling Offi cer-of- The-Day: Motion was made by Councilman Schroedel, seconded by Mayor Smoak and carried that the City Clerk's recommendation be accepted. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Honey and carried that the bills be paid. A copy is attached hereto ORDINANCES Motion was made by Mayor Smoak, seconded by Councilman Blackburn and carried that the proposed Ordinance regarding a franchise to Teleprompter Southeast, Inc. be amended as follows: SECTION 5. B. Effective on the date of enactment of this ordinance, the Grantee's rates and charges shall no longer be regulated by the City. "PROVIDED HOWEVER, THAT NO ANNUAL INCREASE OF THE GRANTEE'S RATES AND CHARGES IN EXCESS OF EIGHT PER CENT (8%) SHALL BE EFFECTIVE WITHOUT APPROVAL BY THE CITY COUNCIL FOLLOWING A PUBLIC HEARING AFFORDING DUE PROCESS." Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 25-I-M; GRANTING A FRANCHISE TO OPERATE AND MAINTAIN A BROADBAND COMMUNICATIONS SYSTEM IN THE CITY OF CLERMONT, and the motion was seconded by Councilman Schroedel. 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, Schroedel, Blackburn, and Smoak. Total Ayes: Four. Nayes: None, Absent: Byrd. So the Ordinance was adopted and the number 105-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, PROVIDING FOR REGULATIONS FOR RIPARIAN STRUCTURES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the motion was seconded by Councilman Schroedel. 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: Blackburn, Schroedel, Honey, and Smoak. Total Ayes: Four. Nayes; None. Absent: Byrd. So the Ordinance was adopted and the Number 164~C assigned to it. . e e . MINUTES NQ 1453 It was the recommendation of the Planning & Zoning Commission that the proposed Ordinance regarding Conditional Use Permits be amended to read as follows: SECTION I. CONDITIONAL USE PERMITS (1) Any person requesting a conditional use permit, except a planned unit development, shall file an application and pay a fee of $25 per acre or any part thereof, with a maximum fee of $250. (2) Any person requesting a conditional use permit for a planned unit development shall file an application and pay a fee of $75 per acre or any part thereof, with a maximum fee of $750. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the recommendation of the P & Z Commission be accepted. Councilman Blackburn thereupon offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING PORTION OF SECTION 26-87 OF THE CODE OF ORDINANCES, 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: Schroedel, Honey, Blackburn, and Smoak. Total Ayes: Four. Nayes: None. Absent: Byrd. So the Ordinance was adopted and the Number 165-C assigned to it. Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING GLASS CONTAINERS ON CITY BEACHES: PROHIBITING DOGS, CATS, ETC. ON CITY BEACHES, and the Ordinance was read by City Clerk Carroll for a first reading, by title only. VISITORS WITH BUSINESS Mr. Jack Sargent spoke to Council briefly regarding the area1s efforts over the past few years to attract large businesses/industry, and he opined that it was his personal desire to attract national or at least regional head- quarters offices and Re-search Labs, etc.; That with many residents in the area that were previously associated with such concerns, that such businesses could be re-located to this area if a one to one personal contact were to be made by one such area resident to the key official of such business/industry. Councilman Blackburn commented that with the city engaged in a twenty year comprehensive plan, he would encourage that local citizens/business officials, would forward their desirs and comments regarding a projected plan for the area, to the committee working on the comprehensive plan. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:30 P.M. (]! ~u#~ CLAUDE E. IS OAK, JR. - AYOR ~~lt~" DO ES W. CIS. OLL - (,;1 tRK