Loading...
05-11-1976 Supporting Documents0 9 MINUTES N4 1281 REGULAR MEETING A Regular floating of the City Council of the City of' Clermont was hold in the Council Chambers on Tuesday, May 11, 1976, The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Schroedol, Beals and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Baird, Director of Community Services Smythe, City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndai. Others present were: The Messrs. Pitts, flaming, and Czech. Mr, Joe Sanchez, representative of the Sentinel/Star was also present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meeting held April 27, 1976 were approved as written. City Manager's Report City Manager Tiffany submitted his report both orally and written, and a copy is attached hereto. With regards Mr. Tiffany's request to discuss certain items with Council prior to preparation of the 76-77 budget, and to consider the federal revenue sharing planned use report, Mayor Smoak called a work session of Council to be held in the office of the City Manager on Monday, May 24th at 4:30 P.M. City Manager Tiffany reported to Council that due to a mechanical problem which had developed in one of the clarifiers at the sewage treatment plant, it would be necessary to shut the plant down on Wednesday morning for approximately a two hour period in order to - make the necessary repairs, and, though breakdowns of this nature were normal in the operation of a plant such as the city has, this would be the first time that this system had been shut down since it was put on line in 1972. Proposed Interlocal Agreement With regards request by City Manager Tiffany for comments on the proposed interlocal agreement on preparation of a comprehensive plan, the following were offered. It was the opinion of Councilman Beals that "Proportionate share" of funds received from ether the state or federal governments by the city to be returned to the county, should be more clearly defined. It was the opinion of Mayor Smoak that "any traveling expenses" incurred in the drafting of the plan that were to be reimbursed to the county by the city, should be more clearly defined; that in section X of the proposed agreement wherein changes or recom- mendations of Council be included by the county within the city plan, that "will" be exchanged for "shall", and an addition be included whereby comments or suggestions by the county regarding Council's proposals, shall not become a part of the city plan unless acceptable by the city; and, That section X1 be reworded in such way that joint ownership by the city and the county be established for all the property acquired under the agreement in the even that it be terminated. It was the opinion of Councilman Blackburn that Council should obtain input from the local citizens as to their desired future direction for their city prior to submitting any date for the plan MINU'I'F'S M 1282 to the county, and suggested that copies of Cho Local Government Comprehensive Planning Act of 1976 be made available to the various local organizations for their study and consideration and then subsequent input back to Council. City Manager Tiffany was requested to reduce his thoughts in writing concerning what he felt would be an acceptable procedure for the city to follow, and submit his recommendation to Council as quickly as possible. It was suggested also that his remarks include a proposed time table. City Attornoy's Report City Attorney Baiird reported that he had been in contact with the attorneys representing Michael s-Stiggins, Inc., and they had indicated they were in position to offer a settlement which should be received prior to the next regular meeting, at which time he would submit a thorough report on the matter. Mayor Smoak's Report Mayor Smoak reported on his attendance of a State League of Cities Directors Meeting in Tallahassee on May 5th wherein many of the pending bills in the legislature that would affect cities were discussed; That there was a bill presently before the Senate, having already been approved by the House, that mandates county supervisors of elections furnish municipalities with a list of their qualified voters; That the one cent optional sales tax bill was presently in Senate sub -committee, having already been approved by the House, which would allow, by referendum, each county levy an additional one cent sales tax with a provision that 50% of such additional revenue would be used to decrease ad valorem taxes; and, that by a vote to 89 to 19 or 20, the House had voted to extend the municipal court system for two years that had been slated to expire on January 1, 1977, and to place it back on the ballot as a separate ballot issue, as a constitutional amendment of the State of Florida. Mayor Smoak further reported that he, Councilmen Byrd and Schroedel, and City Manager Tiffany had attended the Lake County Pollution Control Board Meeting on May loth at which Drs. Zoltek and Bayley appeared in behalf of the city of discuss the potential scholastic and academic study which they had proposed for the disposal of effluent into fresh water marshes, and that their proposal had been unanimously endorsed by the Board, and agreement offered to assist the city in seeking approval from the DER. Comments by Council Members Councilman Schroedel, liaison representative to the Library Board, reported that it had been determined that the Board has spent approximately $2,000 per month his past year, and based on that figure, was requesting that Council consider an allocation in the 76-77 budget to them of $1600 per month with the balance to be obtained by them from grants, memorials, gifts, etc. Councilman Schrodel futher reported he had observed that the playground equipment at Jaycee Beach was badly in need of repair, and inquired if this could be taken care of. Director of Community Services Smythe advised that city crews were presently in the process of getting the beach are in readiness for the summer season. MINU'I ES N9 1283 Councilman Schroedel reported he had received complaints with regards a septic tank disposal truck bring parked in the residential area of Second and Carroll Streets, and requested that the matter be Investigated. Councilman Beals inquired if it would be feasible for the city to install a floating raft at the Jaycee Beach swiniming area for the children to use and thereby divert their attention away from the existing dock which is in dangerous condition and has been posted assuch, as well as provide them something to use during construction of the proposed new dock. This matter was referred to City Manager Tiffany for his recommendation. Councilman Beals advised he was aware of "rough -housing" play being conducted on the existing dock, and no doubt would continue on the new dock when it is completed, and being concerned lest someone gets injured as a result, inquired if there could be a more concentrated policing of the dock area. This matter was referred to Chief Tyndal. Councilman Beals reported he had received a complaint with regards air boats in Lake Minneola in the Jaycee Beach area, and inquired if the matter could be investigated. It was determined that the city has no jurisdiction over policing of the waterways, and City Manager Tiffany was requested to investigate as to whom such a problem should be addressed. Councilman Blackburn, liaison representative to the Chamber of Commerce Board, reported on his recent attendance of their meeting at which the city's annual financial allocation to them had been discussed. He advised that he had been surprised in that it was the feeling of the Board that it would be of more benefit to the Chamber to be forced into a more responsive poisition to the business community if that was their source of funding. Councilman Beals, also in attendance at the meeting, advised that he had been encouraged by this feeling of the Board, and that two new members of the Board has been greatly surprised to learn that the Chamber had been funded annually by the city. Councilman Beals advised there had been a great portion of the voluminous literature as generated at city hall and forwarded in'the council folders each week that was of no interest to him, and inquired of Council as to their feeling. Mayor Smoak was in agreement as to the large amount of paperwork to be considered, but felt that it was mandated that Council be kept fully informed of all matters of the city. City Manager Tiffany advised there had not been sufficient time as yet for him to determine as to what, or what not, materials should be forwarded but that he hoped in the very near future to develop a concentrated format that would still furnish Council with full information. Private Recreational Facilities This matter was tabled pending a legal opinion from City Attorney Baird as to whether or not private recreational facilities are included in the computation of maximum lot coverage in the existing zoning ordinance. M1Ntra.s N9 1284 Ln� l ncerl r�, (Sill , -_ bIa Cqr,, Ing�rovemcn is Inasmuch as the water improvements cast of Highway 1127 had been made by city crews at considerably less cost, but the invoice re- ceived for engineering services was based on a percentage of total construction costs, City Manager Tiffany was requested to obtain an invoice itemizing time and materials used, based on the contractual agreement between the city and Dawkins & Associates, Inc., irregardless of the cost of construction. Bishop Field Improvement Payment Inasmuch as the lighting improvement cost for Bishop Field, allocated from revenue sharing funds, was less than budgeted, it was the recommendation of City Manager Tiffany that the cost for improve- ment of the concession stand @$627.46 also be authorized to be paid from revenue sharing funds. Motion was made U Councilman Blackburn, seconded by Councilman Byrd and carried that th s recommendat on be accepted. Parkway Tree Maintenance Councilman Schroedel advised of a conflict in existing city ordinances and city policy regarding maintenance of parkways by adjacent owners of real property. Motion was made b Councilman Beals, seconded by Councilman Schroedel and carried that t e matter he referred to City Attorney Baird for consideration and preparation of the necessary amending ordinance. Proposed Central Business District Zone Following several months study and consideration, the Planning & Zoning Commission submitted a recommendation for replacing the existing zoning in the central business district wherein all lots in that area would be in a common zoning classifcation. It was the opinion of Councilman Blackburn that the fifteen foot setback requirements from the district boundary line as proposed, would not be fair to the adjacent residential zoning areas, and, that the allowed height of buildings should be restricted. Mr. Blackburn thereupon moved that the recommendation of the P & Z Commission be accepted with an amendment that the setback requirement b_eequal to that as required for the adjacent residential neighbors, and building heights be restricted to three stores. The motion was seconded by Councilman Schroedel and upon roll call vote on passage of the motion the result was Ayes: Blackburn and Schroedel. Tota Ayes: Two. Naves: Beals, Byrd, and Smoak. Total Nayes: Three. The motion failed to carry. Motion was made by Councilman Byrd seconded by Mayor Smoak and carried that the proposal as submitted by the P & Z Commission be referred to City Attorney Baird to review for form, lanqua4e, and preparation of the necessary ordinance for Council's consideration. Mayor Smaok expressed concern regarding expansions already made, and possible expansions still in the future, in the Transition Zones which were established in June of 1969 for a fifteen year period. He queried as to the city's position in enforcing such ordinance at the end of the fifteen year period, and thereupon request that City Attorney MINUTE'S Nn.128 5 Baird research the matter as to exac1ty what he opines the city's legal position to be in enforcing the requirements of the Transition Zoned at termination of the allotted time table, Boating_Dock and Breaksatcr t,roposai As requested by Council, City Manager Tiffany obtained a proposal from Delta Marine Constructors for replacement of the boating dock at Jaycee Beach, and construction of a breakwater. Ile advised the quotation for a concrete dock 4' wide and 70' in 'length was $6,541.50, which he felt was a very good quotation and which was based essential- ly on the same unit cost as the quotation received for construction of a swimming dock. He advised the quotation received for a 200' breakwater was $8,820, which he felt would be for a more elaborate structure than is needed, that an effective one could be constructed by city crews at considerably less cost. Mr. Tiffany further advised that an alternate proposal was received for a concrete dock with a wider deck, which was 6'8" wide by 70' in length at a cost of $6,685.00. Council was in agreement with the latter proposal inasmuch as such a width would allow for utilization of both sides of the dock for boat tie-ups, whereupon motion was made by Councilman Byrd, seconded by Councilman Beals and carried that the a term -ate proposal be accepted and City Manager Tiffany be authorized to to execute the necessary change order. Payment of Bills Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the bills be paid. A copy is attached hereto. Board of Adjustment Council received inquiry from the Planning & Zoning Commission if it would not be better to have an appointive Board of Adjustment as opposed to Council sitting as the Board and considering matters which they had legislated. It was the opinion of Mayor Smoak that the existing procedure was a workable one, and if anyone would be throughly knowledgeable of the intent of an ordinance that is adopted, it would be those who had adopted it. It was the opinion of Councilman Blackburnthat the Board of Adjustment should be a separate board, whose only job would be that of interpreting hardship. Councilman Beals opined that City Council is a legislative body whose responsibility is to regularly interpret matters legislated by them, that the ultimate responsibility should fall on the elected officials to make practical determinations, and anything short of that would be a "cop-out". It was the opinion of Councilman Schroedel that members of the Council were elected to have the highest authority, and if a separate board were appointed, this would no longer be the case. It was the opinion of Councilman Byrd that all decisions rendered in the past by Council might not have been the proper ones, but were just as proper as those that could have been given by an appointive board in any given situation. Motion was made by Councilman Beals that communication be forwarded MIN IPCF s M 1286 to Cha Planner and Loninsi Commission that Council has taken the mattor cinder advisement and at this time ins eterm ned ti`lloy ire to contiriu�a w t t c s me Poiffy as has—been in ex stel— Wince. I'ie HEFT on was second. c�lc Y Councilmm� llyrd and-carr{�. Counci-iman lifask urn voted t e negative on Pa5Sa(C of tie niotfon. Ordinance No. 145-C Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES: PROHIBITING OFF -SITE SIGNS IN SHOPPING CNETERS AND MULTI -USE• BUILDING SITES: 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: Beals, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five, Nayes: None. So the Ordinance was adopted and the number 145-C assigned to it. Ordinance No. 146-C Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING THE EXPOSURE OF CERTAIN MATERIALS FOR SALE BE KEPT FROM THE VIEW OF MINORS: REPEAL - ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: 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, the meeting was adjourned by Mayor Smoak at 9:20 P. M. Claude E. Smoak, Jr., Mayor cy (� Dolores J. Carroll, City Clerk f C�l%7� t7� �.��r�Pllinl7% 71 I Want 6111a pinnr a Clormon6 I'lomin 32711 • Phono: (004) 304.3141 TO: City Council FRO14: City Manager SUBJECT: Boating Dock and Breakwater Proposal DATE: May 10, 1976 Attached is a letter that was received today giving quotations from Delta Marine Constructors for replacement of the boating dock and construction of a breakwater. I Our present boating dock is 5t, ft x 59 feet. Removal of this dock and j replacement with a 4 ft x 70 ft boating dock would cost $6,541.50 plus boat f bumpers and tie-ups. The proposed timber fender system ($1,496 for 70 ft) seems to be an extravagant tie-up and bumper system. I will try to contact Mr. Blackwell of Delta Marine tomorrow to see what kind of alternate would be possible at lower cost. The $8,820 proposal for the 200 ft breakwater does not seem justified. Part of the function of a breakwater at this location would be to protect the boating ramp and dock, but the breakwater would cost more than the dock itself. A concrete dock should last longer than a timber breakwater, even without protection. I City crews can construct a wheelchair ramp for less than the proposed $325.00. L Our budget provides $12,500 matching funds for the swimming pier. A portion of this money can be used to pay for the boating dock. Mr. Blackwell would like to have Council approval of at'least the boating dock portion of his proposal this week so he can cast piles along with similar work now underway for the swimming pier. i I: Gordon Tiffany FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY RECEIVED MAY 10 1976 DELTA MARINE CONSTRUCTORS, INC, i 2100 HOLLY OAKS RIVER piny JACKSONVILLE, f-LOMDA 32,211 Tolnphonn: 10041 XY4=x HDltlan Olackmil 641-7653 rimiduni May 7, 1976 City of Clermont 1 West Gate Plaza Clermont, Florida 32711 Attn: Mr. Gordon Tiffany, City Manager Dear Sir: :i With reference to our recent telephone conversations regarding additional work at Clermont, we would like to submit the following quotation for your consideration. i Boat Dock (concrete) 4' Length Price/lin. ft. Total Timber fender Total complete S; system concrete dock & timber fender system `oft. $97.30 $4,865.00 $1,245.00 $6,110.00 60 ft. 95.70 5,742.00 1,355.00 7,097.00 70ft• 93.45 6,541.50 1,496.00 8,037.50 The above concrete dock to be identical to the concrete dock being constructed by us with the exception of the deck which is to be 4 ft. wide. Timber fender system to consist of treated piling on 5 ft. centers for entire perimeter of dock and secured to concrete dock. We propose to construct a timber breakwater 200 ft. in length for the sum of $8, 820.00. For the sum of $325.00, we will construct a reinforced concrete ramp as discussed. The above prices include all labor and materials to complete the described work including adequate insurance to protect contractor and owner. We will supply complete plans and specifications for any of the above work for your approval. Performance bond can be supplied for 297o of the contract amount. We appreciate the opportunity to quote on the above. Kindlycontact us if u have an you y questions. Very truly yours, Delta Ma no Convtrucymi, lnc. byi,� _ HB/vb�C���C�/i L, Aft ACCOUNTO PAYAIII.1; MAY 1976 GI?rliltAT, FUPID A & L Automotive Service Al Iiwing Ford, Inc. linttorion By Finhor Bishop & Black Painting, Inc. Cal-liagntrom Caroo Oil Company Clermont Auto Porto Clermont Bulldara Supply Clarmont Hardware & Supply Crest Restaurant D & B Sth Street Groc. Dodge World, Inc. Eckerd Drugs G. A. Thompson, Co. Gem Chemical Co. Hilltop Stationery Hunts Garden Center Inland Equip Co. Kidders Restaurant Knowles Konsler Steel Co. Lake Apopka Natural Gas Maratham Reloading Service Metro Orlando Elect & Security Corp Mobil Oil Corp. Municipal Equip Co. Nolan Engine & Mower Prescott Tractor Sales Ross Sport Sales Shelfer Ford Tractor Co. South Lake Press Taylors Enterprises Valbro Business Forms William M. Howard Armstrong Smith Paints UTILITIES DEPARTMENT B & H Sales Batteries By Fisher Clermont Auto Parts Clermont Hardware & Supply Davis Meter & Supply Eckerd Drugs Hilltop Stationery Moreland Chemical Co. Sears Sta-Con Inc. Standard Sand SOUS, Inc. Tamps Armature Works Thompson Welding Co., Inc. (Tubo) (Boaringo) (Auto Pnrtn) (Ropinco Bul.bo-Ilnll Fields) (Copystnt Supplion) (Petroleum Products) (Auto Mnint & Repair Parts) (Conconnion Stand -Bishop Field) (Building Supplica) (Prisoner Meals) (Prisoner Supplies) (Disc Pads & Brake Shoes) (Batteries, Tape, Film) (Police Forms) (Janitorial Supplies) (Office Supplica-Can Liners) (Swan & Dog Food) (Mower Belt) (Prisoners Meals) (Pest Control) (Steel & Oxygen) (Utilities) (Ammunition) (Batteries) (Petroleum Products) (Retaining Ring) (Gasket) (Wafter Pump & Seals) (Tennis Nets) (Cable) (Publications) (Street Decorations) (Office Supplies) (Pension Plan Service) (Paint & Primer) • 3.47 31.40 62.01 96.00 55.65 54.15 76.46 628.85 28.15 164.50 4.30 113.58 14.46 39.00 103.55 353.25 22.90 21.26 70.00 20.00 24.85 49.10 36.78 12.50 1196.77 9.00 .65 113.58 208.00 4.48 11.43 69.00 33.75 500.00._, 75.48 4999.39 _. (Ells & Repair Clamps) 116.16 (Auto Parts) 6.50 (Dist. Cap) 2.92 (Chain Hooks -Battery -Value) 12.09 (Curb Stop) 84.00 (Insect Bait) 3.98 (office Supplies) 15.00 (Chlorine) 415.00 (Tool Set) 72.34 (Phase Monitors -Surface Sockets) 194.00 (Sand -Sludge Beds) 1680.01- (Tools) 10B.20 (Seals) 421.27 (Pump Repair) 30.00 3156.49 CITY OF CLERMONT CITY MANAGER'S REPORT May 7, 1976 To the Mayor and City Council: Budget Preparation Timetable. On Friday, May 21, I intend to submit to you a preliminary memo on the 1976-77 Budget, giving you a preview f next ear' tite exp d opening balances, revenues, and proposed During the week of May 24, I would like to meet with the City Council in working session to discuss these items, and to consider the Revenue Sharing Planned Use Report. June 25 is the deadline for publication of the Revenue Sharing Planned Use Report, comm Iting to specific uses the $28,097 that is to be received during Entitlement Period 7 (July 1 - December 31, 1976). Planning Agreement.. Attached is a letter from Michael C. Willet, Lake County Director of -Planning, and a proposed INTERLOCAL AGREEMENT ON PREPARATION OF A COMPREHENSIVE PLAN. This agreement will be on the Council Agenda next week, May 18. It would be helpful to have your comments on this proposal so that a document acceptable to you will be ready for your action next week. Respectfully submitted, <<o Gordon Tiffany