04-11-1978 Regular Meeting
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MINUTES
NQl487
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, April 11, 1978. The meeting was called to order at 7:30 P.M. by
Mayor Pro-Tern Carlisle A. Byrd, Jr., with the following members present: Councilmen
Schroedel, Honey, and Cole. Other officials present were: City Manager Tiffany, City
Attorney Baird, City Clerk Carroll, and Building Official Nagel. Others present were:
Masters Findley, Amesbury, Smith, Mesdames Cunningham, Brogdon, Brinkerhoff, Nystrom;
Mr. & Mrs. James Fluhart; and, the Messrs. Sargent, Matthews, Benfield, Czech, Bruno,
Kuharske, Edgington, Faulkner, and Rausch.
The invocation was offered by Mayor Pro-Tem Byrd, followed by the repeating of the
Pledge of Allegiance in unison by those present.
Mayor Pro-Tem Byrd was extended the privilege of awarding the prizes of Savings Bonds
to the winners of the recent Bike-a-Thon contest, which was held to ~enefit the Cystic
Fibrosis Foundation, which were presented to Master Allen Findley, Master Thomas
Amesbury, and Master Mark Smith.
The Minutes of the Regular Meeting held on March 28, 1978 were approved as written.
PUBLIC HEARING: VARIANCE REQUESTS
City Council, sitting as a Board of Adjustment, considered the request of Mr.
Thomas L. Benfield for a Variance to Section 26-21 (E)(3) R-1 URBAN RESIDENTIAL
DISTRICT - REAR YARD SETBACKS of the Zoning Ordinnace in order to make additions
to an existing patio slab on his property described as Lot 9, Block C of Edgewood
Place Subdivision. There was no one present who voiced objection to the request,
whereupon motion was made by Councilman Schroedel, seconded by Councilman Honey
and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered the request of Mrs. S. E.
Nystrom for a Variance to Section 26-22 (C)(2) R2 MEDIUM DENSITY RESIDENTIAL -
GENERAL REQUIREMENTS of the Zoning Ordinance in order to construct a duplex on
her property described as Lots 1 and 2 in Lakeview Heights Subdivision. Building
Official Nagel advised of ample space on the property for such construction, but
due to the existing requirement of a 100' frontage for duplexes, and Mrs. Nystrom's
residence was already located there, the remaining frontage would not meet the
requirement. He further advised however, that it would be permissable to attach
the proposed duplexes to her residence and thus establish a conforming triplex,
but without variance, the separate construction of duplexes would not be allowed.
Mrs. Nystrom was present in support of her request, and there was no one present
who voiced objection to it. Motion was made by Councilman Honey, seconded by
Councilman Schroedel and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered the request of Mr. James
Fluhart for a Variance to Section 26-20 (E)(2) RIA URBAN RESIDENTIAL DISTRICT -
SETBACKS of the Zoning Ordinance in order to construct an addition to his driveway
on his property described as Lots 25 and 26 in Indian Hills Subdivision. Mr.
Fluhart appeared before the Council in support of his request, advising that the
driveway had been constructed prior to the RIA Zoning Requirements and had been
placed only 1 foot away from the property line which now requires a 9' setback
and in order to extend the existing driveway, a variance would be necessary.
There was no one present who voiced objection to the request. Motion was made
by Councilman Schroedel. seconded by Councilman Cole and carried that the request
be granted.
Council, sitting as a Board of Adjustment, considered the request of K&E Construction
Company, Inc. for a Variance to Section 26-45 (SIDE YARD ON CORNER LOTS - R1
URBAN RESIDENTIAL DISTRICT of the Zoning Ordinance in order to construct a patio
addition to new constructed fesidenceon property described as Lot 11 in Block 103
of Indian Hills Subdivision. Messrs. Kuharske and Edgington appeared before
Council in support of their request advising that the residence had been placed in
a location on the property in such position so as to retain a large oak tree, and
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NQ1488
because of its position on the lot, a variance would be necessary to add the
proposed patio in the side yard. There was no one present who voiced objection
to the request. Motion was made by Councilman Schroedel, seconded by Councilman
Honey and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered the request of Nick Rausch, Jr.
for a Variance to Section 26-21 (E)(3) R1 URBAN RESIDENTIAL DISTRICT - REAR YARD
SETBACKS of the Zoning Ordinance in order to construct and then screen-in an
addition to an existing patio on his property described as Lot 19, Block B of
Edgewood Place Subdivision. Nick Rausch, Sr. appeared before Council in support
of his son's request, advising that to screen-in the existing 6' patio, the area
would be too small to accomodate standard size patio furniture. Mr. Bill L.
Faulkner, abutting property owner to Mr. Rausch, Jr., appeared before Council also
in support of the request. There was no one present who voiced objection. Motion
was made by Councilman Cole, seconded by Councilman Honey and carried that the
request be granted.
Council, sitting as a Board of Adjustment, considered the request of Sun First
National Trust Department-Co-Trustees of the Preston E. Maynard Trust, for a
Variance to Section 26-20 (C)(2) RIA URBAN RESIDENTIAL DISTRICT - GENERAL REQUIRE-
MENTS - LOT WIDTH in order to utilize Lot 167 in Clermont Heights Subdivision for
a residential site. Mrs. Jo Cunningham, Realtor, appeared before Council in support
of the request, advising that originally there were several parcels in that
immediate area that were under single ownership and the location of several buildings
constructed on the property had not presented a problem, but now that the Estate
desired to sell the property, there is an encroachment of 40+ feet on Lot 167.
Council was not agreeable to reducing the required 100' frontage on buildable lots
in RIA Zones, whereupon motion was made by Councilman Schroedel, seconded by
Councilman Honey and carried that the request be denied.
MARSHLAND STUDY
City Manager Tiffany advised that Mayor Smoak had appeared before the County
Commission and the County Water Authority on Tuesday and Wednesday to solicit their
financial assistance in a second year of the marshland study, and each had
agreed to participate with committments of $20,000 each.
City Manager Tiffany advised of a meeting to be held in his office on Friday,
April 14th at 9:30 A.M. between the researchers, Engineer, staff members, Mr. Bill
Dailey, and interested Council members to discuss the objectives in the second
year of the marshland study.
LEAGUE OF CITIES MEETING
City Manager Tiffany advised of the quarterly Lake County League of Cities meeting
to be held in Tavares on Wednesday, April 19th at 7:00 P.M., and that reservations
should be turned in to the City Clerk no later than Friday, April 14th.
OUTSTANDING TAX CERTIFICATES
Regarding the approximate 25 to 30 outstanding tax certificates which the city
holds, and on which the City Attorney had been previously requested to initiate
collections on, Mr. Baird advised that the initial cost to pursue the matter by
the County Tax collector1s Office would be approximately $25 per certificate, and
he inquired of necessary authorization to proceed. Motion was made by Councilman
Schroedel. seconded by Councilman Cole and carried that the authorization be granted.
LOT MOWING
Now that the City has changed its procedure for the required twice per year vacant
property lot mowing, City Attorney Baird inquired of authorization to proceed
with collections of several outstanding lot mowing bills in County Court. Motion
was made by Councilman Schroedel, seconded by Councilman Honey and carried that
such authorization be granted.
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REFUNDING BOND PROGRAM
Following the previous authorization by Council for a preliminary research to
determine if the City should refund its current bond structure, it was the
recommendation of City Attorney Baird that the City utilize a more local law
firm as bond attorneys should they decide on a restructure program in order to
effect an easier communication than is possible now with the large bond attorney
firm in Jacksonville, and he further recommended the services of Young, Turn-
bull, and Linscott, P.A. of Orlando, a firm very familiar with municipal bond
issues. Motion was made by Councilman Schroedel. seconded by Councilman Cole
and carried that the recommendations of City Attorney Baird be accepted.
COUNTY WIDE LIBRARY SYSTEM
Councilman Schroedel reported that following a joint work meeting of Council and
the Library Board, at which it had been the consensus that the local library not
participate in the proposed county wide library system under the existing proposed
agreement, as a member of the library task force committee, he had been instructed
to relate this determination at the library meeting to be held in Tavares on
May 5th. Councilman Schroedel further reported that it was the Board's desire
that a more practical agreement be pursued in lieu of permanently abandoning
the matter.
RECREATIONAL FACILITIES
Due to the increasing demand for use of the city owned recreational facilities for
ball fields by local teams, and the increasing utlilization of these facilities
by out-of-city teams, Councilman Honey inquired as to a possible fee for use of
the city owned facilities by those out-of-city teams. The matter was referred
to City Manager Tiffiany for investigation and recommendation.
Councilman Honey inquired of the possibility to have the fenced-in area at the
Little League facility extended in order to prevent vehicles from driving on the
grassed area, which he had observed recently. The matter was referred to the
City Manager.
FIRE HAZARD
Councilman Schroedel advised of a complaint received regarding the out-of-business
Custom Furniture Store in the downtown business section which still held consider-
able inflammable materials in storage, and he inquired of a possible inspection
by the City to determine whether or not there is a fire hazard condition existing.
The matter was referred to City Manager Tiffany, who agreed to seek permission
from the owner to make such an inspection.
LOT REQUIREMENTS/SIGN ORDINANCE REVISIONS
Due to the absence of Mayor Smoak, Mayor Pro-Tem Byrd requested that consideration
of the proposed lot requirements and sign ordinance revisions be deferred until
the next regular meeting.
SIDEWALK CONSTRUCTION
Councilman Cole inquired as to the status of the sidewalk construction in the
Junior High School area, and he was advised by City Manager Tiffany that the
project had not been started as yet due to previous heavy work load committments
by the public works crews, and the necessary immediate attention to several
drainage projects in the City prior to onset of the rainy season.
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HUNT ALLEY LEASE
City Manager Tiffany advised that Mr. J. W. Hunt had re-submitted a request to
lease the city owned 1/2 lot abutting his business property on the west and
under the same terms that had been agreeable to Council at their previous
consideration of same, but with the provision for a 6-month cancellation clause,
and he recommended that it be accepted. Motion was made by Councilman Schroedel,
seconded by Councilman Cole and carried that the Lease Agreement be accepted
and executed by the proper city officials.
CETA AGREEMENT MODIFICATION
In an effort to get better benefit from the CETA program inasmuch as only two
of the five allotted positions had been filled, it was the recommendation of
City Manager Tiffany that the three vacant positions be eliminated and a new
position titled "Planning and Zoning Technician" be created. He advised the
new position would provide assistance in the initial implementation work of the
Comprehensive Plan, code revision work, and compliance inspections and surveys.
Motion was made by Mayor Pro-Tem Byrd, seconded by Councilman Schroedel and
carried that the City Manager's recommendation be accepted and an Agreement Mod-
ification for CETA participation be executed by the proper city officials.
RESOLUTIONS
Councilman Schroedel offered and moved the adoption of a Resolution increasing
certain rates and fees for water and sanitary sewer services, and the motion was
seconded by Councilman Honey and unanimously carried. The Resolution was reviewed
orally by City Manager Tiffany, and the Number 311 assigned to it.
ORDINANCES
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT; REZONING THE
REAL PROPERTY DESCRIBED AS LOTS 8, 9, 10, 11, and 12, IN CITY BLOCK 27 FROM A C-1
ZONING CLASSIFICATION TO AN R-3 ZONING CLASSIFICATION, and the Ordinance was read
for a first reading by City Clerk Carroll, by title only.
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT PROVIDING FOR EXTENSION OF WATER AND SANITARY SEWER LINES, and the
Ordinance was read in its entirety for a first reading by City Attorney Baird.
There being no further business to be brought before the Council at this time, the
meeting was adjourned by Mayor Pro-Tem Byrd at 9:15 P.M.
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DOLORES W. CARROLL - CITY CLERK
CARLISLE A. BYRD, JR. -