07-11-1978 Regular Meeting
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CITY OF CLERMONT
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, July 11, 1978. The meeting was called to order at 7:30 P.M. by
Mayor Claude E. Smoak, Jr., with the following members present; Councilmen Honey,
Byrd, Schroedel, and Cole. Other officials present were: City Manager Tiffany,
City Attorney Baird, City Clerk, Carroll, Finance Director Sanchez, Building Official
Nagel, and Chief of Police Tyndal. Others present were: Mrs. J. B. Forehand, Mr. &
Mrs. Jimmy Lee Jackson, Mr. & Mrs. Henry Lewis and family, and the Messrs. Czech,
Searles, Dority, Sokol, Judy, Sargent, and Lyons.
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 June 27, 1978 were approved as written.
PUBLIC HEARINGS
Council, sitting as a Board of Adjustment, considered the request of Max Judy
(dba Max Judy & Associates Realty, Inc.) for a Variance to Section 26-25 (E)
!l) (3) (C2 GENERAL COMMERCIAL DISTRICT SETBACKS)of the Zoning Ordinance in
order to alter and make additions to his property in Block 2 of Sunnyside Unit
(300 East Highway 50). Mr. Judy appeared before Council in support of his request,
advising that elevation changes as required in the State Road 50 improvement
project necessitated the relocation of hts proposed parking areas, and in order to
accomplish this and construct the desired addition to his building, it would be
necessary to penetrate both the front and rear yard setbacks. City Manager Tiffany
advised that Mr. Judyls proposed plans had been approved by all the necessary I(
regulatory agencies, including the City, with the exception of these variance.
requests. Motion was thereupon made by Councilman Byrd, seconded by Councilman
Honey and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered the request of Mr. & Mrs.
Henry Lewis for a Variance to Section 26-21 (C) (1) (2) (3) (Rl URBAN RESIDENTIAL
DISTRICT-GENERAL REQUIREMENTS) of the Zoning Ordinance in order to construct
a residence on their property described as Lot 8 in Pinecrest Subdivision that
would require relief in the lot width, lot size, and lot area per family,
requirements. Mr. & Mrs. Lewis appeared before Council in support of their
request, advising that the property had been a gift from their parents in order
that they might construct a residence of sufficient size to accomodate their large
family of eight children, which their present facility did not have. Following
inquiry from the Chair as to possible acquisition of additional abutting vacant
property in order to meet the necessary lot requirements, Mr. & Mrs. Jimmy Lee
Jackson, the benefactors, advised Council they were the abutting property owners
and were reserving the remaining two lots to be deeded to two other daughters when
the need arises, in order that the family res~de in close proximity. City Attorney
Baird suggested that Council might peruse a major concept of the Variance Ordinance
wherein the granting of a variance would not disturb the essential character of
the neighborhood as it exists. City Manager Tiffany advised there had been no
response from any of the abutting and/or adjacent property owners following
written notification to them of the pending request, and, following inquiry from
the Chair, there was no one present who voiced objection. Motion was then made by
Councilman Cole, seconded by Councilman Honey and unanimously carried that the
request be granted.
SEMINOLE WELL STATUS
City Manager Tiffany advised of the Project Engineer's recommendation for a minor
modification to the Chlorinator as an initial step in resolving the well problems,
and that the necessary parts were on order. He further advised that following
modification of the chlorinator, the Engineer would be on-site to observe the well
under operating conditions in order to make further recommendations.
With regards the liability on part of the Project Engineers, City Attorney Baird
advised the contract was a standard contract providing for certain things to be done,
and if it were to be determined that the well problems were
a result of the
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CITY OF CLERMONT
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Engineer's lack of expertise in the well construction, the liability responsibility
would be theirs.
ADVANCE PHOSPHOROUS REMOVAL TREATMENT
Motion was made by Mayor Smoak, seconded by Councilman Byrd and carried that the
previously authorized use of Odophos for advanced treatment of phosphorous removal
and hydrogen sulfide control, be deferred pending notification to the various
regulatory agencies of the City's intent to use the product, and receipt of written
response back from them.regarding their feelings on use of the product in terms of
its relationship with the Marshland Study;and, that a request be forwarded to Dr.
Zoltek for his personal evaluation of the effects of Odophos on the end results of
the effluent disposal study in the marsh.
78-79 FISCAL YEAR BUDGET
City Manager Tiffany advised the 78-79 budget preparation was in the final stages,
and it was planned for submission to Council by the middle of next week.
EDINGTON VARIANCE REQUEST
With regards a Variance in fence regulations that was granted by Council on May 23rd
to F. N. Edington on her property described as the st of Lot 92, All of Lots 93 & 94,
and the Nt of Lot 95 in Hillcrest Subdivision, City Manager Tiffany advised that she
had acquired the additional property of the st of Lot 95 and All of Lot 96, and had
utilitized the Variance grant in fencing in of that property also. Council queried
the legality of the additional property being included in the variance grant without
benefit of formal publication of public hearing, and the matter was thereupon
referred to City Attorney Baird for his recommendation back to Council.
ACQUISITION OF ADDITIONAL PARK AREA
City Attorney Baird advised that a contractual proposal for acquisition of additional
park area at a price as set by Council on June 27th had been accepted by the sellers,
and he inquired of authorization to proceed with the closing of same. It was the
unanimous consensus of Council that such authorization be granted.
STATE-REVENUE SHARING FUNDS
Finance Director Snachez reported on an anticipated increase of approximately
$25,000 in State Revenue Sharing Funds due to the recent City population recording
of 5136. Based on this report, motion was made by Mayor Smoak that in the budget
re ort submitted to Council b the Cit Mana er, that a minimum ad valorem tax re-
duction of 10% be included in that recommendatio 0 i Councl to re lect t e
additional Revenue Sharing Funds to be received, and additionally, that ot er tax
reductions be considered if found feasible in the budget. The motion was seconded
by Councilman Honey and unanimously carried.
Query was made of Mr. Sanchez as to the anticipated cash reserve to be forwarded for
fiscal year 78-79, and he advised of a General Fund reserve of approximately
$350,000.
COOPER MEMORIAL LIBRARY
Councilman Schroedel, liaison representative to the Library Board, reported on his
recent attendance of their regular meeting wherein it was reported they had received
$63.00 in memorials during June; that the display during July is a Spoon Display
owned by Mrs. Caroline Robertson; that the summer childrens Hour had begun, and the
initial attendance figure was 65 children with Mayor Smoak extending the welcome and
presenting the program; that the recent Free Antique Appraisal project had been very
well received, and they anticipate repeating such a project in the near future; and,
that another meeting of the Library Task Force Committee to consider a proposed county
wide library system had been set for July 17th in Tavares.
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CITY OF CLERMONT
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ANIMAL CONTROL
Councilman Schroedel advised of complaints received regarding a dog running at large
in the Clermont Heights section and creating a nuisance of overturning garbage
containers at the various residences. The matter was referred to the City Manager.
TRAFF I C CONTROL
Councilman Cole reported he was pleased to observe that the newly purchased Police
Radar System had been received and was in use.
SIDEWALK CONSTRUCTION
Councilman Cole Advised he was pleased to observe that the sidewalk construction
project in the Junior High School area had been started.
LANDSCAPE PROGRAM
City Manager Tiffany advised the City wide landscaping guide document, as prepared by
Landscape Architect Knight, would be presented to the P & Z Commission for con-
sideration at their meeting to be held on August 1st, and their subsequent recommend-
ations to Council following that. It was the suggestion of Mayor Smoak that City
Manager Tiffany discuss with the P & Z Commission and the Landscape Architect, the
feasibility of beginning in the 78-79 fiscal year a landscape program along State
Road 50 as an initial project within the City from the standpoint of evergreens and
trees along that major thoroughfare. City Manager Tiffany also advised that Mr.
Knight would be reviewing the proposed landscaping document at a meeting of the
Clermont Kiwanis Club to be held on July 25th, and he invited Council to attend as
his guests.
LEAGUE OF CITIES MEETING
Mayor Smoak advised that the next regularly scheduled meeting of the Lake County
League of Cities would be held in Fruitland Park on Wednesday, July 19th at 7:00 P.M.
and that reservations should be made with City Clerk Carroll no later than Friday,
July 14th.
JACKSON REQUEST
In regard to Mr. Jimmy Lee Jackson's request to Council that condemnation proceedings
against his property at 792 East Montrose Street be dropped in order that he might
make the necessary repairs for inspection approval, City Manager Tiffany advised of
a re-inspection of the premises by Mr. Nagel, City Code Enforcement Official, and his
subsequent recommendation that leniency be granted inasmuch as the re-inspection
revealed that progress in eliminating the numerous violations had been instigated.
Mr. Nagel further recommended that such leniency be granted on the basis of inspections
being made every 15 days until the property conforms to all local ordinances. Council
was in agreement with the recommendation, and requested that Mr. Nagel keep them
regularly informed upon his in~pections of the property.
In regard to Mr. Jackson's protest of an excessive lot mowing bill for his vacant
property, City Manager Tiffany advised that the mowing had been ordered by the City
following a routine inspection of the property, and the proper billing was forwarded
under policy as adopted by Council wherein full cost of mowing plus overhead was
charged to those property owners who had the City cut their property, and he thereby
found the billing to be in order. City Manager Tiffany's report was accepted.
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CITY OF CLERMONT
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KEHLOR PARK RESTROOMS
As a result of Councills request on June 27th that City Manager Tiffany investigate
provisions for providing restroom facilities at Kehlor Park for tennis players,
Mr. Tiffany submitted that a new restroom facility would cost over $4,000, and if
uncontrolled, would require a great deal of maintenance and cleaning. To furnish
facilities, at least to tennis players immediately, he submitted that keys to the
existing facilities in the Community Building be furnished upon request, and that
they be stamped, lido not duplicate". Motion was made by Mayor Smoak, seconded by
Councilman Hone and carried that Cit Mana er Tiffan be authorized to issue ke s
u on re uest to use the restroom acilities at Kehlor Park and to investi ate the
cost and resent to the Counc 1 n his bud et resentation a lan to construct
ermanent accessible acil t es at the tennis courts at Kehlor Park which would be
open to the publ c at all t meso Inasmuch as the existing facilities are an ntegral
part of the Community Building, and have openings into the equipment and club room,
it was the suggestion of Councilman Byrd that provisions be made whereby these
entrances would only be accessible to those members of the Recreation Club that use
the bu i1 ding.
CUP REQUEST
City Manager Tiffany reported on a request by Elder L. C. Lyons for a Conditional
Use Permit to allow use of an existing building at 431 West Highway 50 for a church;
That the P & Z Commission in Public Hearing on July 5th had recommended unanimously
that the request be approved subject to the following conditions:
1) A parking layout be submitted for approval by city staff, and
if inadequate, submission of written permission assuring adequate
parking space on adjacent lots;
2) As a part of the parking layout, a traffic flow pattern be developed
and approved by the staff to ensure safe egress and ingress on Highway
50;
3) That all applicable regulations and ordinances be met;
4) That the use not be expanded except with a Conditional Use Permit; and,
5: That all the above conditions be met prior to the issuance of a
Certificate of Occupancy.
Mayor Smoak opined that the anticipated traffic flow on State Road 50 that will result
within the very near future when the sand mine immediately west of the City is re-
opened, would create a dangerous ingress and egress situation to the church, and he
thereu on moved that the conditions as set forth b the P & Z Commission be amended
to strictly prohibit ingress and egress rom State Road 50. The motion was seconded
by Councilman Honey and carried.
RESOLUTIONS
ORDINANCES
Councilman Hone offered and moved the ado tion of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 2 - 1 OF
ARTICLE IX OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING FOR FRONT YARD SETBACKS
FOR DWELLINGS, and the motion was seconded b Councilman Cole. The Ordinance was
read or a second and inal read ng by City Clerk Carroll y title only, and upon roll
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call vote on passage of the motion the result was:
Honey, and Smoak. Total Ayes: Five. Nayes: None.
and the Number l78-C assigned to it.
Ayes: Cole, Schroedel, Byrd,
So the Ordinance was adopted
A proposed Ordinance providing restrictions for residential districts was reviewed
at length by Council. Motion was made by Councilman .Byrd, and seconded by Council-
man Schroedel that the following amendment be made to the proposed Ordinance:
SECT! ON 2.
Pro ert ad.acent to S.R. 50 and U. S. 27 shall maintain a fift
50 foot setback line from the highway right-of-way. The setback
on all other streets shall be THIRTY-FIVE (35) FEET.
Upon roll call vote on passage of the motion, the result was: Ayes: Schroedel,
Byrd, and Smoak. Total Ayes: Three. Nayes: Cole and Honey. Total Nayes: Two.
The motion carried. Councilman Schroedel thereupon introduced AN ORDINANCE UNDER THE
CODE OF ORDINANCES OF THE CITY OF CLERMONT; PROVIDING RESTRICTIONS FOR RESIDENTIAL
DISTRICTS, and the Ordinance was read for a first reading by City Clerk Carroll
by title only.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Smoak at 9:00 P.M.
iliMd:1 &:u4fP"
DOLORES W. CARROLL - CITY CLERK