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06-14-1977 Supporting DocumentsMINUTES REGULAR 14EETING N9 1-414 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, June 14, 1977, The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilman Byrd, Schroedel, Blackburn and Honey. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Director of Public Works Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: Mesdames Cooper, Soules, Tffany, The Messrs. Czech, Vitter, Sargent, Jones, Robinson, Holley, and Sanchez. 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 May 24, 1977 were approved as written. RESOLUTION: SPECIAL RECOGNITION TO FLORENCE I. COOPER Councilman the on of A SERVICE RESOLUTION CE OFFLORENCE I. COOPER, recently retired from the Clermont Police Department after having diligently service the community as a radio dispatch operator in that department since February 2, 1963, and the motion was seconded by Councilman Blackburn and unanimously carried, with the Number 296 being assigned to it. Mayor Smoak read the RESOLUTION in its entirety, and thereupon presented a copy to Mrs. Cooper. The RESOLUTION was gratelly accepted by Mrs. Cooper, who acknowledged a pleasant tenure in the employ of the City, and recognized the help and cooperation extended to her by fellow co-workers during her employment. VISITORS WITH BUSINESS Mr. Bronson Robinson appeared before Council in support of his desire to pursue construction of a portable live bait structure on his business property located at 516 West Highway 50, which had been determined by the city administration to be in violation. Building Official Nagel advised that a portable structure of such a size that would permit removal from the existing required setback from the intersection at the close of regular business hours would be allowed, but that following an on -site inspection of the structure which was approximately 16 feet long, 6 feet deep and over 6 feet in heighth with no visible means of its portability, it had been determined by the city administration as not being an allowable portable unit at this location. It was the suggestion of Mayor Smoak, and Council was in agreement, that the matter be referred to City Attorney Baird for further investigation, and in conjunction with Mr. Robinson as to his proposed finalization intentions for the structure, submit his interpretation of the existing require- ments as affects the proposed structure. With regards the necessary removal of a temporary flashing portable sign now existing on Mr. Robinson's business site as the time allowance has expired, he was advised a permanent lighted, but not flashing, sign of like size, 9 feet off grade, 4'•1 feet off right-o-way, and 25 feet away from the intersection, measured from the curb, would be allowed. Mr. Robinson was agreeable with this, advising it would present no problem and the matter would be taken care of. Mr. Grant Vitter, owner of Bob's Bar located at 801 Montrose Street, appealed to Council to restore the several parking spaces at the intersection of 8th and Montrose Streets which had been eliminated at time of removal of the traffic light at that intersection, advising MINUTES N4 1415 such removal had adversely affected his business. Mr. Vitter was advised that following the recently completed repaving project in that area, the city administration was presently in the process of formulating a now parking pattern, and would be happy to review the proposed plans with him. CITY HALL EXCHANGE City Manager Tiffany advised of a request from Mr. Henry Hodge, receiver for the old Citizens Bank Building, for a renewal by Council of the Option Agreement for exchange of the present City Hall, which had expired on March 1st. Motion was nmde by Mayor Smoak, seconded by Councilman Blackburn an carried that the Option Aqreement as execute on January 1, 191/,be extended tnrougn June iu, 1977. STREET IMPROVEMENT PROGRAM City Manager Tiffany advised the street improvement program had been completed this week at a total cost of $146,000, which had also in- cluded the heater -planing portion, and that he felt it was a "well done" asset to the City. Mayor Smoak reiterated on the commendable paving program, accounting for it in a great degree, to the constant and close scrutiny of the project by Director of Public Works Smythe, and City Manager Tiffany. EXCESSIVE LITTER Mayor Smoak advised of what he felt was an alarming situation existing in the City that appeared to be even worsening, wherein there is excessive glass bottles, and litter in general, being dumped on street right-o- ways throughout the City; That he felt the responsibility for eliminating such a situation lies with the people of this community to report any such observations immediately for possible apprehension of such vio- lators; and, That he would encourage the Police Department to instigate a concentrated effort to that effect. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, reported on his recent attendance at their regular meeting wherein it was reported they felt the off-street parking the City provided was an admirable job, but had been receiving some complaints from library patrons regarding the longer distance to the library entrance; That they had just completed re -cataloging 3300 books; That they now had a library book service in operation at the local hospital; That it was hoped they would be able to participate in a newly offered paper back government subsidy program; That they had been given a new glass enclosed cabinet for the showing of valuable collections by The Friends of the Library; and, They had completed their new budget and were submitting copies to Council for their consideration. REQUESTED USE OF JENKINS AUDITORIUM City Clerk Carroll read a communication from Mrs. Wener Heinrich wherein she requested use of Jenkins Auditorium for a dance to be held on June 17th between the hours of 7:00 P. M. and 12:00 midnight. Motion was made by Councilman Blackburn seconded by Councilman Schroedel and carried that the request be granted provided all rules and regula- tions pertaining to dance held there are met. MINUTj' S NO 1.416 City Clerk Carroll read a communication from the Rev. T. C. Moon of Harvest Time Assemblies -Apopka wherein he requested use of the Jenkins Auditorium to sponsor '!All Day Camp Meetings" on July lath thru June 23rd. Motion was made .�y Councilman Blackburn, seconded b Mayor Smoak and carr ed t iat tic rec�ues�t a nranted soli act to the a roval of Cat Ma er 7lffan fY nasmuch as L—'L;ou�T was not fa�fiar w t t o ornan zat on ma ng t o request. WEST BEACH CONCESSION City Manager Tiffany reported on a request received from Thomas and James Jones for exclusive permission to operate a food and drink concession at West Beach, and who would agree to routinely clean the public restrooms located there, and release the City from claims or damages arising from their business. Fie further reported there had not been a regular concession at that location since 1971, and believing it to be in the best interest of the City to grant such request, he so recommended. Motion was made by Councilman Byrd seconded by_ Councilman Honey and carried that City Attorney Baird prepare the necessary document agreement to grant the request. VFW PARK AGREEMENT City Manager Tiffany advised that the proposed agreement between the City and the VFW to allow the vertans to develop the County-owned/City leased lot next to their building as a "Veterans Memorial Park" had been accepted and executed by them, and he would thereupon recommend its acceptance and execution by Council. Motion was made by Councilman Byrd seconded by Councilman Honey and carried that the City Manager s recommendation be accepted and the agreement be executed by the proper officials. SUNSET LAKE SEDIMENT BASIN City Manager Tiffany apprised Council of documents received from DOT wherein prior Council action in 1975 by Resolution No. 259 to DOT had indicated Council's acceptance to their proposal for constructing a drainage basin in Sunset Park, and in view of such a drainage basin in Sunset Park, and in view of such prior action he had delayed making a formal request to the Lake County Pollution Control Board until further discussion by Council. Mayor Smoak reiterated his previous opinion that a re-evaluation of the plans should be made by Mr. Hennessey of the LCPCB in hopes that structure could be built to allow capture of the sediment from the road and the run-off and the lake still be used, and he thereupon moved that the matter be referred to Mr. Hennessey for his opinion. The motion was seconded BROOME STREET AGREEMENT City Manager Tiffany submitted the proposed agreement between the City, Poynter -Harder Construction Co., Inc. and Clermont Emerald Lakes, Inc. for construction of the Broome Street Extension, advising that it had MINUTES No 141.7 been executed by them, and recommended that it be accepted and executed by Council. Motion was made by Councilman Honey. seconded by Councilman Byrd and carried that the CityMana er s recommendation be accepted and the agreement a execute by the proper cif off cials. CETA AGREEMENT City Manager Tiffany submitted a proposed agreement between the Board of County Commissioners and the City whereby the City would be eligible for participation in the Comprehensive Education Training Act Program, and recommended that it be accepted and executed by Council. Motion was made by Councilman Blackburn seconded by Councilman Honey and carried that the City _Manager's Blackburn be accepted and ec the aqreement be exuted by the proper city officials. AUDIT AGREEMENT City Manager Tiffany submitted a proposed agreement from Greenlee, Paul, Furnas & Kurras, Certified Public Accounts, for the auditing of the City's accounts. Motion was made by Councilman Blackburn, seconded by Councilman Honey and carried that the agreement be accepted and executed by the proper city officials. CODY PROPOSAL City Manger Tiffany submitted a proposal from Cody & Associates, Inc. of Lakeland to conduct a Position Classification and Pay Plan Study for the City, and recommended that he be authorized to accept the proposal. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that the City Manager's recommendation be accepted. PAYMENT OF BILLS Motion was made by Councilman Honey, seconded by Councilman Blackburn and carried that the bills be paid. A copy is attached hereto. RESOLUTIONS/ORDINANCES Councilman Blackburn offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA RESPONDING TO A REQUEST FROM THE CLERMONT JUNIOR WOMEN'S CLUB FOR RECOGNITION OF A MISS CLERMONT PAGENT TO SELECT AN AMBASSADOR TO REPRESENT THE CITY OF CLERMONT AND EXPRESSING DESIRE TO HOLD SAID PAGENT IN CONJUNCTION WITH THE ANNUAL LABOR DAY FESTIVITIES, and the motion was seconded by Councilman Honey and unanimously carried. The RESOLUTION was read by City Clerk Carroll by title only, and the Number 297 assigned to it. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, REGULATING SOLICITATIONS FOR ANY PURPOSE: PROHIBITING SOLICITATIONS BY FALSE OR FRAUDULENT STATEMENTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PRO- VIDING FOR PUBLICATION, and the motion was seconded by Mayor Smoak. 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, Byrd, Honey, and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 162-C assigned to it. MINUTES Nn 1418 Councilman Schroodel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLE•RMONT, FLORIDA, AMENDING SECTION 26-10 OF ARTICLE• V OF APPC•NDIX A OF THE CODE OF ORDINANCES: PROVIDING FOR NON -CONFORMING USES: PROVIDING FOR SPECIAL EXCEPTIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, 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 9:20 P. M. Dolores W. Carroll, City Clerk C au a E. Smoa Jr., Mayor CARLISLE A. DYRD,JR., MAYOR PRO-TEM TO: City Council FROM: City Manager SUBJECT: Sunset Lake Sediment Basin DATE: June 10, 1977 Last week you received a 15-page packet of material giving background information on the proposed Sunset Lake Sediment Basin. Council minutes of July B, 1975 state that "Council was in agreement" with the amended DOT proposals for drainage relating to the SR 50 project, including the Sunset Lake Basin. In last week's material you received a copy of a Resolution adopted July 22, 1975 in which the Council said that the proposed basin "is in the best Interest of the City". DOT District Engineer C. A. Benedict aknowledged receipt of the July 22 resolution, saying "With this (resolution) we will proceed with the design of the drainage basin within the area designated in the resolution". In light of prior City approval of the basin as designated, I recommend deeding the property to FOOT as required. Gordon Tiffany cc: City Clerk (6/14/77 Agenda) RECEIVEDJUN 6 1977 Tuac /yl`4 �Fr'dpr) i - r APPLICATION Applicati(A is hereby made ror UK use oi' the Clermont Jenkins Civic Auditorium between the hours of / �' nit, the u•is sponsdhed by and the following named four or more persons will be in attendances as chaperones: ,Ui�oP G � GGD-L � rzca-v-�yCL� GG l2as/Ei(/t I/We understand that I/We are to pay a rental fee of $2.00 per hour with a minimum of $6.00. I/We further understand and agree that I/We am/are responsible for any vandalism, or damage to the building and/or fixtures and as assurance of such responsibility I/We are posting $56.00 as surety with the Chamber of Commerce Secretary. It is my/our understanding that the $50.00 surety, less rental fees, will he returned to me./us within five days following the dance providing that the auditorium and/ur fixf:uras are not damaged. Date ponsors �_�� -LNI `161 TO: City Council FROM: City Manager SUBJECT: West Beach Concession DATE: June 10, 1977 Thomas and James Jones have requested exclusive permission to sell softdrinks, ice cream, and light foods at the City's West Beach. Several years ago there was a regular summer concession at the beach, — g. but there has been none since 1971. The two men propose to operate from a small trailer, and not use the old building. It would be too expensive for either the City or the men to bring the building up to standards, for concession purposes. In return for the exclusive right to sell food at the beach, the men would agree as follows: (1) No alcoholic beverages or glass containers are allowed;' (2) They will routinely clean the public restrooms, to maintain them in a reasonable safe and - {' sanitary condition; and, (3) They will release the City from claims or f damages arising from their business. ry The City Attorney advises that a record motion of the Council is sufficient to grant the request. I believe that it is in our best l` interest to agree as outlined above, and so recommend. 3 Gordon Tiffany cc: City Clerk (6/14/77 Agenda) Cl.ermont Junior Women's Club Cl.ermont, FL June 9, 1977. City of Clermont 1. Westgate P1.117,e Clermont, FL 32711 Attention: Mayor and Members of the Council. Dear Sirs: Attached is a resol.ution from the Cl.ermont Junior Women's C1.ub for consideration at your next council. meeting on June 14, 1977. The Cl.ermont Junior Women's Club is most anxious to promote good ---- wil.l and citizenship within the City of Clermont. We feel this ambassador wil.1. serve as a step in the right direction. We are emphasizing that this is not a beauty contest, but a pageant to select a capable represenTaTive for the City of Cl.ermont. Our goal. is to sel.ect a young lady for this position that Clermont can be proud to have as its ambassador. Thank you in advance for your consideration. Sincerely, Bev Pool. Clermont Junior Women's Club TO: City Council FROM: City Manager SUBJECT: Section 26-10 Amendment DATE: June 10, 1977 At its June 7 meeting, the Planning and Zoning Commission unanimously voted to recommend that the City Council adopt the attached ordinance. The ordinance amends Section 26-10 of our zoning code in two respects: (1) provides that "lower" uses in existing buildings in "higher" zones be permitted as conditional uses instead of permitted uses as the code now reads, and (2) permits the Planning and Zoning Commission and City Council to grant special exceptions for the reconstruction, enlargement, or expansion of non -conforming residences. Commission members thought that Section 26-10 as now written serves a legitimate purpose by encouraging the use of existing buildings. They recognized, however, that the integrity of the zoning districts may be damaged by allowing C2 uses in C1 zones, M1 uses in C2 zones, and M2 uses in M1 zones. By making these conditional instead of permitted uses, we would continue to encourage the use of existing buildings, but would protect the integrity of our zoning districts by allowing the City to place reasonable restrictions on such uses. The second part of this ordinance is an outgrowth of the Commission's "Transition Zones" study. During a meeting with TZ property owners, owners of non -conforming residences expressed their concern over the restrictions on their properties, and requested a means of relief. The proposed ordinance would allow the P & Z and City Council to grant permission for non -conforming residential uses to be expanded, recon- structed, or enlarged, but only on meeting two tests: (1) that such use will not be obnoxious or detrimental to the district and (2) that denial of a special exception would create a hardship. I recommend that this ordinance be introduced. fiord n Tiffany Attachment cc: City Clerk (6/14/77 Agenda) TO: City Council FROM: City Manager SUBJECT: City Hail Exchange DATE: June 14, 1977 Monday afternoon Harry Hodge, receiver for the old Citizens Dank Building, called and requested a letter from the City stating that the attached option to exchange property is still open. The option was sent to Mr. Hodge in December and expired on March I. On April 24 a hearing was held in Michigan at which the Exchange Dank requested foreclosure on the Bank property. According to Exchange President Ed Stephens, Mr. [lodge was given 30 days to sell the building and 30 days to close the sale. If he is not able to do so by June 24, the Exchange will foreclose. We received no reply from Mr. Hodge on this option, although he did request that the City agree to pay 1976 taxes on the building. At the Council's direction, I replied on March 8 that the "Council requested that you submit an executed, written proposal including terms of the proposed property exchange acceptable to you." Although I have had several contacts with Mr. [lodge since March 8 we have not received the requested executed proposal. To reply to Mr. Hodge's inquiry, I need to know whethertheCouncil still considers the terms contained in the option acceptable to the City. 0An Tiffan Y Attachment ACCOUNTU PAYABLE JUNK 14, 1977 GENERAL FUND A t, 1, AuLomotivu Service Anderson Rnginun, lac. Armstrong SmiLh Pnintn Ilattorion By Flohor Bureau of Buni.nenn Practice Cal Hogntrom Champion Uniformn Clermont Auto Parts Clermont Buildorn Supply Clermont Hardware & Supply Credit Bureau of Euntin Coblo❑ Radiator & Auto Elect. Duat=Pax Service E. It. Jahnn Industries Eckerd Drugs F & It Office Supplies Gem Chemical Co. Highway Equip & Supply Co. Hilltop Stationery Hunts Carden Center Hughes Supply IBM Jim Willis Hardware & Supply Kennedy Co. Knowles Pest Control Konsler Steel Co. Lake Apopka Nat'l Gas Lake Communication Service Lake County Public Works Modern Welding Co. Morgan's Auto Parts Reeves Southeastern Corp. South Lake Press Standard Auto Parts W. M. Teal Whites Blue Print Service Inc UTILITIES DEPARTMENT Allied Chlorine & Chem. Pro. B & H Sales Brooks Products of Fla., Inc Clermont Auto Parts Clermont Builders Supply Clermont Builders Supply Clermont Hardware & Supply Clermont Med. Center Foundations of Calif. Hanks Electric Co. Hilltop Stationery Hughes Supply Jim Willis Hardware Moores Service Orlando Lab. Inc. Sta-Con Inc. Standard Auto Parts Robert J. Trudell (Alignment & Repair. Muffler) (Short black) (Paint) (Battery) (Safety Pontorn) (Rental Pen) (Uniformn) (Auto Maint. & Repair Parta) (ConcroLu & Building MaLerinla) (Hardware) (Duen) (Repair Radiator) (Janitorial Supplies) (Sand) (Films, Tape & Extension Cord) (Office Supplies) (Janitorial Supplies) (Saw Blades) (Office Supplies, Towels, & Can Liners) (Dog & Swan Food) (Pipe & Fixtures) (Office Supplies) (Hardware) (Jenkins -Install Compressor & A/C Maint.) (Pest Control) (Saw Blades) (Utilities) (Repair Siren) (Landfill Charges) (Welding Supplies) (Drill & Wrench) (Building Materials) (Publications) (Auto Maint. & Repair Parts) (Petroleum Products) (Zoning Maps & Vellum Print) Inc. (Chlorine) (Meters) (Meter Boxes) (Auto Repair Parts) (Marshland Study) (Building Materials & Marshland Study) (ELLS & Nipples) (Injections) (Wastewater Manual) (Air Conditioner -Sewer Plant) (Towels) (Inventory Supplies & Pipe Cutters) (Hardware) (Paint Trucks) (Chemical Determinations) (Regulators) (Auto Repair Parts) (Borrow Pit Lease) 1.3.00 58.60 349.19 26.55' 15.39 175.00 33.42 242.64 1233.76 24.94 18.00 25.70 - 17.70 6.16 32.20 72.45 25.40 81.77 532.00 24.35 229.47 28.29 29.04 1063.50 20.00 5.55 17.20 25.98 841.50 91.35 42.99 175.00 84.42 99.70 2034.15 37.60 7833.96 270.00 159.00 256.77 17.43 18.06 154.02 3.81 12.00 25.00 415.95 20.75 1302.52 208.81 530.00 73.00 149.69 19.92 450.00 4086.73