03-27-1973 Supporting DocumentsMINUTES N4 890
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was hold in the
Council Chambers on Tuesday, March 27, 1973. The meeting was called to order at
7:30 P.M. by Mayor Don E. Smith with the following members present: Councilmen
Smoak, Deals, Byrd and Schroodel. Other officials present were: City Manager
Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Vason, Director
of Community Services Smythe and Chief of Police Tyndal. Others present were:
City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney
Vason, Director of Community Services Smythe and Chief of Police Tyndal. Others
present were: The Messrs. Francis Loomis, Henry Czech, John Sandargas, Mark Minnick,
C. A. Mangold and Nick Jones. Representatives of the total Press were also present.
The invocation was given by Councilman Beals, "Our heavenly Father we pray for thine
guidance and direction and we thank Thee as we prepare once again to meet and
transact the business of Clermont. We thank Thee for the many privileges and
opportunities that are ours and pray that we may never take them for granted. We
ask these things in Christ's name, Amen," followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Special Meeting held on March 19, 1973 were approved as written.
The Minutes of the Regular Meeting held on March 13, 1973 were corrected as follows:
(P2, Para. 3) "Mayor Smith thanked Mr. Jones for the presentation and expressions were
made by Mayor Smith and Councilman Beals that they had no objections to endorsing the
plans as submitted". The Minutes were then approved as corrected.
Mayor Smith: "At this time we'll have the Public Hearing for a variance request by
Jo n�argas of the Minnehaha Trailer Park - will you come forward, please."
Sandargas. "Members of the Council I am asking permission to be able to use part
of t e set ack so that I can place larger trailers/mobile homes on this. At the
present time we already have one trailer which has been setting there for quite a few
years already on this setback which is on a 25 foot setback that is required by the
City of Clermont, this trailer is already setting 12 feet inside the setback and
what I proposed - what I would like to do is to round off four more additional mobile
homes and have a straight line - enclose the whole park with some type of hedge,
shrubbery and make all the mobile homes completely, at least those that front on Hook
Street, be enclosed with some kind of skirting and patios. At the present time,
like I mentioned, there is one trailer already setting on a setback and this is why I
thought possibly I could get some variance on this, and you allow me some footage - I
would like to get possibly 12 like the other one so I can have a straight line and
sort of beautify the park and at the same time beautify part of Clermont - especially
on Hook Street."
Mayor: "Is there anybody present that would like to speak regarding this request for
a variance at the Minnehaha Trailer Park? Are there any members of the Council that
would like to question Mr. Sandargas on it?"
Schroedel: "Mr. Mayor, according to our city code we cannot allow a variance unless there
is a hardship"
Sandargas: "Well the hardship is -like I say -hardships are financial in any kind of
business - I can possibly put very small trailers- this is a problem that is hard
to get small trailers and it's hard to get people to live in a small trailer -my
main objective is to beautify the park because like I said a lot of people thought
it was an eyesore -we've done a lot of remodeling, paving the streets=trying to make
it an assest to Clermont".
Schroedel" "How would you get your cars in and out?"
Sandargas: "This was a problem that I thought of -I thought of maybe having a road
going n front of them if this is allowable -if not -then I would come in from the back
from one of the roads that are internal in the park -an internal road -or to have a
MINUTES N9 gq)
special area zoned off for parking of cars for all these tenants".
Beals: "This is a public hearing - it's been advertised, duly advertised has it"
Mayor: "It has, hasn't it Bob?"
Hopkins: "Yes sir.
Sandargas. "As I mentioned there is already one trailer which three years ago I asked
r. o nson, the former City Manager, about it and he said it was allright to place it
there, later on I found out that it was the setback that was required:"
Beals: "You did get permission to"
Sandargas. "Uh huh". Mr. Shewey's trailer is setting - a part of it is setting on
e set ack, 4 feet of it, I measured it today."
Beals: "Oh, I realize that it is, but I didn't know that you had gotten permission to
o tat."
Sandargas: "Ile mentioned that it was OK at the time."
Beals: "Knowlingly to set over the"
Sandargas: "Uh huh."
Mayor: "Do you have a letter to that effect?"
Sandargas: No, this was all verbal at the time I walked in his office, because we
were talking about doing away with overnite spots and make permanent trailers in there -
there was a hassle about people coming and and driving in and out at all hours of
the night. The thing is, on the east of the park there are no homes- all you have
is a theatre and a church -the main thing is I would like to get the park somehow
enclosed with some type of hedges -trees or shrubbery and beautify part of Hook Street .-
because"
Beals: "How is going over the setback allow you to"
Sandargas- "The thing that's right now at the present time if I si.9y.rigbt:.at.the
e gd a of_the setback I can put in possibly a 30 foot trailer, and I don't know if
your're familiar with mobile homes, 30 foot trailers are hard to get and very few
people want to as that's only a 1 bedroom. I could even get a 40 foot trailer - any
kind of an allowance on the setback to utilize the setback -as long as you get a
larger trailer than I can get somebody to purchase and place a trailer up there,
like I say, this is income coming in for the City of Clermont for the business
men because this way some of them live all year round, some are just strictly snow
birds coming in for six months and then they leave for six months -you take with
utilities and taxes and everything else there are some advantages to this"
Beals: "Of course this is already a non -conforming use"
Sandargas: "Right"
Beals: "And as Mr. Schroedel mentioned, I don't know that this constitutes a
hardship in the context of the code"
Sandargas:"Like I said, the only that I - it's a hardship for me because like I said
this will help me to pay all the expenses which I want to do -I want to modify
the park - this will involve a lot of internal work and also external work which
will be boarding on the rules of the city and try to get these people so that they
can have a place to park maybe instead of parking on the streets which might be
a hazard".
Smoak: "That's a question that I have - if you place 4 additional trailers there -
I —looted at your park this afternoon -late- I don't see where you're really going
to have sufficient parking space -people are going to be parking on the outside
of the road there -that's a tremendously heavy traveled road"
Sandargas: "This I realize -I thought that at the same time if parking would be
the big problem -I would instead of 4, maybe put in 3 and then use the onb other
spot as a parking facility, in other words I can vary -instead of having 4 I can
MINUTES N4 892
Smoak: 'Well I agree and I'd like to personally compliment you on the way you've
a usted up there - internally- the park looks much better than it ever has in the
ten years that I've been here"
Sandargas: Like 1 said this is what 1'd like to inject here -the people like
tjie park and I like Clermont and I'm trying to work with the city and at the same
time need it to be an asset instead of having people complain about some of the
trailers -If I could I'd like to have everybody put skirting on them, but this is
something that 1 can't enforce, but the new ones -if I could put the new ones in
there, I would require that they have skirting and patios and would be all brand
new trailers"
oa trat parkefogot a rrces thespeoplertoliputat lives skirtsuonathehtraak ailersnorTmoveeark and the owner
out"
Sandargas: "Legally they can't do it"
Mayor: "He just bluffed them into it, I suppose"
Sandargas_ "Must be"
Beals: "He doesn't have to allow them to stay there if they don't do it, I wouldn't
tin
canSanddasr,if somebody
"The ways the laws are set up right now that you really don't have any
you 't forcethemwants to movethe tout of theirout traild put a if yonev+in'as to sell the trailer -
to
Mayor: "I just heard the news on that by Paul Pickett and that question was
Brought up by various trailer park owners as to whether or not they could force
the trailers out and the answer by Mr. Picket on this Channel 2 news -you can -if
you rent to them by the week -you give them a week -if by the month -you give them a
month- you can ask them to n:o%e and according to the law, they have to move".
Sandargas: "Well this is something that I'm not aware of"
Mayor: 'I just happened to hear that on TV this evening"
B rd: "Would it be possible to turn a smaller number of trailers in the other direction
an stay within the"
Sandargas: "No, it's impossible. The park originally had 52 trailers and now I'm
dov+n to 45 because I've tried to give everybody more room and this would bring me
up to about 48 or 49, depends on how many trailers that I could put in -like I said -
the main thing is that I do have one trailer that is setting out in the setback and
I thought possibly if I can get the other ones in line I could work out some kind of
a landscaping scheme"
Smoak: "What do you propose to do as far as, if you lined the 4 trailers witht e existing one on the setback line, what would you propose
to do to shield
this area from view of the existing area?"
Sandargas: "Some type of shrubbery possibly 4 or 5 foot high, in other words
maybe about 4 foot high or something -or a fence either way -which would be easiest
to take care of and financially be acceptable to me. Now if you want to enclose that
area, there's a lot of land there which is part of the right-of-way which I have
to maintain -I have to cut grass -trees have to be trimmed"
Smoak: "We all have that problem -everybody's house in Clermont"
Sandargas: "Right" and this is one way that would help me out a little bit financially
which is a hardship -depends on which way you want to look at it"
Beals: "Mr. Mayor I'd like to inquire of the Attorney if, in his opinion, this can
Be construed to be a hardship as far as the code is concerned:
Smoak: "That's what you're getting paid for"
Vason: "I don't know whether I can answer your question,, Charlie.
I'm sure that some members of the Council can propbably construe this"
Beals: "Anything that anyone wants they could construe it as a hardship"
'Vason: "Right"
Mayor: "Is there any other member of the Council that wishes to make any remarks".
MINUTES Nn 89:;
Ho�kinF_ "Mr. Mayor may I interject a couple of points here that I think Council
ougfi� to consider?"
Mawr: "Yes, certainly."
Hopkins: "Mr. Beals mentioned the fact that it is non -conforming use and I think
tie rat thing that the Council has to consider inasmuch as it is a non -conforming
use in an R2 zone is whether or not it can be expanded- that's question number one -
the second question is -possibly a year ago when I first talked with Mr. Sandargas
about this, inasmuch as on all four sides the existing mobile homes are quite close
to the property line -even along Hook Street is indicated one is about 13 feet
of the property line -the zoning ordinance which we apply to new mobile home parks
(Poynter -Harder being the only one) requires that mobile homes be no closer Lhan
75 feet from the centerline of exterior streets and I indicated to Mr. Sandargas
that it was my feeling that inasmuch as all these mobile homes were much closer
than the 75 feet from the centerline of exterior streets and that R2 zoning required
25 foot setbacks if in fact the Council did see fit to allow him to expand the
mobile home park to include the addition of mobile homes that the 25 foot setback,
being a minimum, would appear to me to be more reasonable than requiring a 75 foot
setback -the 75 foot setback is interpreted to be the guide that should be followed in
this case, then he's 20 to 25 feet short. 1 don't think in my own person opinion
that that guide, even thought it may legally be the one that should be followed
would be the most practical because of the existing situation, I think the question
to follow is whether or not he should be allowed to add 4 trailers or mobile homes
and expand in a non -conforming use, so there is some question as to whether
the 25 feet is the setback or 75 feet from the centerline of the street, from
both a legal and practical standpoint."
Beals: "Bob, you said that's a non -conforming use in an R2 area?"
Hopkins: "Yes, that's an R2 zone.
Beals: "It abuts RIV
Hopkins: "Yes, mobile home parks are now conditional use in an R3 zone, which
s two steps away"
Beals: "Seems to me this is an expansion of"
Sandar as:"Well not from what I originally had -I'm still under what I had before -I
ad 52
Beals: "But the idea of the non -conforming bit is to eventually phase something
out and it seems to me this would constitute a substantial expansion"
Sandargas: "Well if everyone looked at it from its original 52 to 48 or 49 - that's
a reduction so if you want to look at it this way, it's a phasing out program"
Beals: "But presently it's a 45 unit or whatever you want to call it mobile home park
annc anything more than that would be an expansion"
Sandargas: "It's semantics or whatever you want to call it"
Beals: "I mean at one time it was a 52 unit non -conforming use and now it's a 25".
Sandar as: 'I mean I'm trying to beautify the thing -people don't seem to realize
t at there was an eyesore and I'm trying to make it look decent"
Beals "I appreciate that"
Sandar as: 'And if there is some way that I can make it look better so that you
on t ave any problems from the neighbors"
Smoak: "In looking at that thing this afternoon with the one trailer setting out
there and the rest of the area vacant, its unsymetrical to say.- the least -I can't
see where it would really be detrimental to that area to allow this with this one
exception- that it is granting a variance in a non -conforming zone, and you could
have people lined up for six city blocks asking for the same thing, but in this
particular situation I don't think that you've got a hardship by definition
MINUTES N9 894
but I do think that you've got a legitimate right to come up here and ask what you've
requested for -basically I'm in favor of granting it on past porformance because the
park does look better than I've ever seen it -I would say that if we granted conditional
use so that there is adequate parking space made available within the park to eliminate
on street parking and that you do something as far as blocking out the area where
you intend to put the trailers-sh ubbery or a fence with a climbing vine or something -
it's these sort of things a lot/ cs that everyone who comes up and asks for- say
that that is what they intend to do and then they plant two cLrawbcrry bushes and lot
them die -when you question them, they say "well I did plant them but they died", so
I don't know if it's in the legal rights of the Counci to grant a variance on a
conditional use -I don't believe it is -what's your opinion, if any?
Vason: "I don't think there is anything in the code that I can recall"
Smoak: "There's nothing that I can"
Vason: "The specific code provisions says'
Smoak: "It says a public hearing has been duly published and if there are no objectors
ere -I would say that based on past performance of the park itself, the internal
improvements that have been made and the fact that there is a trailer setting out there
now, that I can't see where it's detrimental -either to the neighborhood or to the city"
Beals: "Well in the interest of uniformity you suggested moving 4 trailers to conform
w t tie one that's over the line now, why not move the one"
Smoak: "Well what I'm saying is that I don't believe the one that is setting there is
ea trimental"
Schroedel: "Is there any chance that you can rearrange these trailers and line them up _.
n anot er way?'
Sandargas: "Well what I'm trying to do is to keep the people in the park happy, at the
same time beautify -everybody wants to look at the lake -the lake is a big asset -it's a
big asset for the park -if I line them up differently it would shut off everybody
else's view to the lake"
Byrd: "Would you do the same thing about screening it, would you screen that off?"
Sandargas: "Well the thing is with a 5 foot fence or a 4 foot fence they could still see -
I mean the thing is you'd still be able to see the mobile home but you would not
see the bottom section it it- in order to completely hide the park you'd have to build
a fence that is 20 feet high and this is ridiculous"
Byrd: "The trailers that are there -is the parking for each trailer adjacent to it"?
Sandargas: "Uh huh." "Like I mentioned, I can use three trailers and make one spot
where the fourth one would have been and use -let the people walk up to them -some mobile
home parks have this type of setup"
Mayor. "Does any other member of the Council wish to make any comment regarding this-
ocT es any councilman wish to make a motion on this and bring this to a head?"
Hopkins: Mr. Mayor, may I make a comment please, Sir?"
Mayor: "Yes, go ahead."
Hopkins- "If the Council sees fit to grant the variance then I would recommend that
included in the motion would be whether or not ingress and egress was gonna be allowed
off Hook Street to each individual mobile home_
I also note here that in looking at the
collection
diagram one of the proposed mobile homes is right over the main sanitary
line coming into the park which, and also if you're gonna grant a variance on conditions,
you might as well go the whole route and require a buffer strip be put in prior to
placing of the mobile homes -I'm not saying that Mr. Sardargas won't do that, but our
experience has been very poor along those lines"
Smoak: "I was gonna suggest that if the Council is leaning in that direction, that
let Mr. Sandargas and Bob get together and sit down and draw up exactly what you're
gonna do -how you're gonna do it and let the variance be granted on that basis and not
just a flat variance
Schroedel: "According to our code book don't it say that ingress and egress must be internal,
MINUTES N9 Sqr
its entrances are from the main streets -in other words the trailers can not enter
or exit from any of the other streets except the two main entrances"
Hopkins: I don't know that the Ordinance is specific in that regard but it would 'lead
you to believe that that's the case for main entrances and interior streets."
Schroedel: "Well I think according to the code tie would have to have his cars
come n ram an interior street there somewhere"
Mr: "Well your interior street for those cars for the mobile homes that would
parked along Hook Street -you've got another line of mobile homes -you would have to
use that exit in between those mobile homes, wouldn't you, in order to get to an
interior street?"
Hopkins: "Which brings up another question in that the Ordinance requires that each
mobile home space have 3000 square feet and if in fact you were providing ingress
and egress through existing space you may be inclined to taking away some of the
property that would rightfully belong to that mobile home. I'm Just pointing out
all these conditions because they are all in the Ordinance"
Byrd: "What sort of arrangement do you have with the tenants that are in the 1-2-3-4-5
spaces as far as the location of their mobile homes are concerned -could they move
them one way or the other or could you ask them to move them a little bit?"
Sandar as: "Well this could be done -it would financially be expensive, but it could
Fe - -one. The thing is, the park has been layed out long time ago by Mr. Short and its
done in a very haphazardly fashion because it was mostly an overnight trailer camp and
we've converted it into a mobile home park, and this is what I want -I don't want just
overnighters as they are a pain in the neck -not only that but all they want to do
is hook into your sewers -and just dump their sewage and that's all, but the thing
Is, if I don't have a variance I can still put some small trailers and I do have the
space-3000 square feet for them -I measured it off and Bob Smythe and I checked that
out and I could work that out with no problems -the thing is it's easier to utilize
and to get larger trailers, not just 60 foot trailers, but you can get bigger trailers
with maybe one or two bedrooms for these people and it would help out the problem -
and placing the trailers -I might even purchase the trailers and set them up myself
so I would know at least what I'm getting instead of letting the people themselves
purchase them"
B.yrd:_"I wanted to say that I appreciate what you're doing to upgrade the park and
I appreciate your friendly and cooperative attitude before Council, but even though
it would daprive you of a certain amount of income, I think you would have a more
desirable property with fewer trailers than you would by putting that other row
between present tenants and the lake and whatnot"
Sandar as
—' : "The present tenants are not against this, they've been notified about this -
I v a talk—ed with them and they just wanted to know about it -what would be done and how
much space would be affected -I mentioned it to them -just like any business that you
have -the more income that you have, the better business that you have -it ever some
time that I would want to sell the park, it would be an asset instead of a liability -
the thing is I'm -after this expansion, if I can, that's it -there's no more room
to expand -the only thing I might be able to do away with some small spots inside
the part which I have sumo trailers -to be utilizing these for parking facilities"
Smoak "Mr. Mayor if a motion is in order, I move that the city table this request
until Mr. Sandaraas comes in with a concrete proposal as to exact_location-type of
been
Mayor: "Y ou've heard the motion, do I hear a second? The motion will die for lack f
of a second. Anyone else wish to make a motion?"
Beals: "Mr. Mayor I, first didn't second the motion to table it only because I don't
want to mislead Mr. Sandargas-I personally don't think that we have the legal right
to grant a variance in a non -conforming use when there is no hardship so with that
in mind I would move that the variance be denied." I;
Mayor: "There is a motion before the house, do I hear a second?
Schroedel: "I'll second it."
MINUTES Nn 896
Sandargas: "I think it is a hardship.
Beals: "I don't think that in the context of the city code though that it does
co Offtuta a hardship-I,moy be. wrong"
Sandar as�: "Then you must have a definition of a hardship which should be in the
oob ks according to the city code"
Schroedel: "This cannot be such a terrific hardship If you admit yourself that you
couT put a smaller trailer in there and conform"
Smoak: "I think that's a good point he's made -a smaller trailer is gonna be less
attractive visually -How small a trailer are you talking about? AO foot?"
Sandar as: "I'm taking about a 35 foot which is almost impossible and if I can't
o t at t an I'll get into overnite spots, which I don't want to do it, but I do have
enough spots that if they want to come in for six months and park their trailers and
this is what I want to get out of because I can use the finances -the sewers cost
a fortune on this park and I don't think you people realiee the additional sewers
in this park -the roads and everything else -that's what I call a hardship -in order
to exist, it's a hardship"
Hopkins: "Mr. Mayor as far as hardships are concerned, ordinances are written
and certainly can't take into consideration everything that might come up and a
variance is available to the Council if, in fact, an individual situation is such
that the ordinance as it is written provides a hardship, and in my opinion from what
I've read, a financial hardship is not.a hardship under the intent of variance to
a zoning ordinance"
Beals: "Certainly the man from Winn -Dixie that appeared before us some time ago -now
that's a hardship, but it was a financial hardship and one that the -while the city
is sympathetic with him they couldn't act.uoon it"
Smoak: "Which one are you referring to?"
Beals: "Martin Graham"
Smoak: "I understand that, but which variance, he asked for a couple -the sign variance?"
Beals: "No, he didn't ask for a variance -maybe he did but not what I was speaking of"
Smoak: "He asked for height variance"
Beals: "On the side, but I'm talking"
Smoak: "He asked for a location variance"
Beals: "And he asked for assistance because of the drainage"
Smoak: "He didn't ask for a variance there, he asked for financial participation"
Beals: "Right, but that was a hardship"
Smoak: "Well .that's a whole lot different"
Beals: "Not to me, a hardship would be, for instance if a person where trying to build
on, say they had a 90 foot lot in an R1A area -to me that constitutes a legitimate
hardship -the city through their zoning in that case would be confiscating a person's
property. The city is not really confiscating your property -not telling you what you
can or cannot do with it -you can do the only thing that the R2 zone permits"
MMaay r: "Do we have any comments from any member of the Council? Are you ready for
the question? How do you vote Mr. Schroedel?"
Schroedel:I'd like to hear the motion once more."
Beals: "The motion was simple that the variance be denied."
Schroedel: "I vote, Aye."
Mayor: "How do you vote, Mr. Byrd?
Byrd: 'Aye."
Beals: "Aye."
Mayor: "I vote, Aye. Mr. Smoak?"
Smoak: "No."
Ma or: "The Ayes have it and it is so ordered"
MINUTES M 897
Ho (sins: "Mr. Mayor I need some clarification on on this particular instance,
I think?4r. Sandargas has indicated that if he couldn't put the larger mobile homes in
there he might put some smaller homes in there, as I indicated earlier, possibly a
year ago I indicated to him that he would have to meet a minimum setback of 25 foot
because of the existing conditions of the park if in fact Council did allow him to
expand. The Ordinance requires 75 feet: from centerline of street, if Mr. Sandargas
comes in and wants to put mobile homes up to the 25 foot line that I indicated
approximately a year ago, am I legal in doing so in allowing him to put in those
trailers?"
Mayor:: It would be conforming though from the 75 foot setback from centerline"
do kins: "Right. It's strictly impossible for him to meet a 75 from centerline of
exterior streets -his existing mobile homes along Hook Street are that distance approxi-
mately -it was nay evaluation of the situation that if the Council allowed him to
expand then it was more reasonable to bring them in line with what was there as
opposed to the 75 feet from centerline, but he indicated that he may come in with
some smaller mobile homes and/or overnightors up to the 25 feet. I need some direction
as to whether or not I'm gonna throw a roadblock in front of him again or whether he
can proceed on that basis -I think he needs some indication tonight as to what he
can do"
Mayor: "Well you've certainly got me confused Mr. Hopkins, this variance request now
s for 12 or 13 foot variance, was it not?
Hopkins: "On the 25 foot setback from property line"
Ma or: "Then why wouldn't it be necessary in the first place for him to ask for a
var ante on a 75 foot which is the present code?"
Hopkins: "Wellk possibly that should have been told him a year ago, but it wasn't"
Ma or: "He wasn't really asking a variance on the present specifications, he was
ask ng a variance on the old setbacks"
Hopkins. "I led Mr. Sandargas to believe that if the Council saw fit to let him expand
teat park and put in additional motile -homes, that it would appear more reasonable that
he be required to honor the setback of the R2 zone rather than a 75 foot from center-
line as required in mobile home parks because the park pre -dated the Ordinance
and everything else and all those homes that were in the park were more in line with
the 25 feet than 75 feet from centerline -Now I'm not sure that I lead him properly a
year ago and it was upon that that he based this request for a variance, but I want
to clarify this tonight before the gentleman leaves, in case he comes back and is
gonna be under the impression that he can come up with the 25 feet"
Smoak: "I think it's a legal point more than an opinion of the Council"
Mayor: "How about it Mr. Vason?"
Hopkins: "Well I'll be glad to get with Bob on this and give the gentleman an answer
one way or the other and not take up the time tonight and shoot off the top of our heads,
possibly"
Mayor„ "I suggest Mr. Hopkins that you do that. Mr. Jones -visitors with business -
Project Clermont. Mr. Jones."
Jones: "I think Mr. Hopkins is going to report on it."
Mayor: "We have you listed here under Visitors with BusinessLI didn't know who was
going to do the talking"
Hopkins: "I'll start it off if you want me to."
Jones: "I'd appreciate that"
Hopkins: "The Council will recall that a couple of weeks ago, Nick appeared with the
concept for Project Clermont with respect primarily to street alighnment and taking
off parking and beautification -at this point is is more than a concept -it's something
that Project Clermont actually wants to pursue and he came to me asking that the city
participate to the extent of cutting the street -putting in the curb- and some
irrigation and working with them in this project and as I said, at the last meeting,
it was nothing more than a concept and one or two concurred that it was probably a good
idea but it wasn't formally accepted and I told him that I wouldn't act in that manner
until the Council agreed that this is what they want to do. What they propose to do
MINUTES Ntl 898
at this time is the east half of the street the cast length of the street -putting in
the curb-
LUor; "East length?"
Ho kin,,: "From middle of the block -back to the east -only doing one half of the
project that was outlined"
Mayor: "You mean from the old city hall"
Hopkicrewsnout therm todcuttstiall reetsv+andedoythatfway sort ofv,thing,n the bIock so want itetorbelmorety than
a concept"
Ma�or:� "I'd like to make a remark at this time regard to this -our City Clerk was going
to check the Minutes as to what was said at the last meeting when Mr. Jones came
before us-I"ve giuite a little thought and before I would give my whole hearted
approval, which I'd like to do, and I think it's a fine project,
ven it qI want to be able
to see in a signed statement by every property owner on that street or the merchant
that is Occupying the property that they have no objection to this project because I
wouldn't want to pass something or endorse something that would have the disapproval
of any merchant or any property owner that was affected by this move. I feel sure
that you can get it - I think you felt sure that you could get it, Mr. Jones. So
I want to preface my remarks -like to have that incorporated into the Minutes - that
before i personally go on record as approving this from a Council standpoint, I want
to make sure that all the property owners and the merchants that are affected are in
accord with 1t, and of course on top of that IId like to have a pretty accurate
estimate of, or at least as close as we can get, of what the cost to the city is
going to be to put this into effect."
Smoak: "I agree with you 100% Mr. Mayor and additionally when the figures are available-
w� o d be interested in knowing what the adjacent property owners the people most
readily benefited by the improvements what kind of participation they would agree to
handle of the total cost of it -if it's going to be strictly from an esthestic stand-
point then I think we better look long and hard about spending a great deal of
money at this point and time when we have still to do the sewer work in Minnehaha
Estates and may other things -basically what I'm saying is I think that we ought to know ,
what kind of money that you're talking about -as far as city participation is concerned
what the total project entails in terms of time and effort -financing and what kind
of participation the local business people that are going to be immediately benefited
by the improvements are willing to participate -what percentage of participants"
Beals: "Bob, is it practical to do just half a block at a time?"
Ho kins: "Well I would certainly hope that if half a block was done that they would
fol ow through immediately and do the other half?
Beals: "It seems to be kind of a winding type thing, was it not?"
HoHkkin�s: "Well the centerline -alignment won't change -we're just taking off 10 feet of
wid— th which presently parking"
Beals: "But the whole thing should be done if anything is done, I would think -it
would look kinda peculiar to do only a half block"
Hop
o kins: "I certainly recommend that once you start that you follow through and do
the whole thing"
Beals: "I'd like to also get some idea what type of participation the merchants
would agree to -I don't think it would be right for us expect for each of them to
participate equally because I don't think you'd ever get 100% total participation anyway"
Ma or: "I think that any work done on that block down there would be an asset to
t e merchants themselves, but personally I would feel if I were a merchant down there
and they'd cut off my parking I think it would be -I wouldn't like it -but that's up
to them, but I think it would be an asset to the entire town if we improved any
section of town, I think beautification of any section would reflect on the grounds
of the city and I have no idea what a project like that would run into in dollars
and cents but I don't see where it'1l:be a really big financial problem and I think
that Nick has stated before, before the Council, that he intends to get some labor
donated from people that can do that kind of work -come in and donate their time laying
blocks and doing other work to complete the project -but I think it would only be
practical from the Council's standpoint to get something more definite in regard to
MINUTES NQ 899
what we're endorsing before we stick our neck out and come up with a pretty fat bill
and like Mr. Smoak said, we've got all the problems we want whun it comes to finances
without adding any more to any great extent?
Byrd: "Mr. Mayor I haven't said anything about this project and I want to apologize
Tor talking about something that I don't know anything about, but that's what I'm
gonna do anyway -city planning -it appears to me that the dominant thing in that downtown
district now is the hospital and I would speculate that over the next several years
the businesses that grow up near that hospital are going to be something that might
be satellite to a hospital location, fbr instances Dr. Weaver's clinic is right there
nearby and at the present time we've got a dentist -an optometrist -the Florida Power
down there an accountant -a law office in addition to the stores -retail stores -
that people go and come in and I can't see any of these other businesses generating
a whole lot of walking traffic -I think that the day will come when traffic flow and
traffic control and parking might be a whole lot more concern than a winding one
way street down there and I'm just not sure that I'm ever gonna be in a position
to endorse it very much.
Jones: "Men of the Council I would like to basically say the most important point
s tat all we're asking for is your permission to allow Mr. Hopkins to provide the
labor to actually physically cut that street and set that curb in there on one half
of Montrose. The cost -to actually come up at this time with a precise penny cost
of that labor and the time it would take to do this would largely depend on the type
of equipment they would have or we could acquire or rent or come into poss6ssion of
at the time we actually need to do the cutting -a blade circular saw would do it
quite adequately -it would give it a nice even cut across there and curbing -the
cost of the material shouldtl't:be of any real serious nature -as far as volume we're
not talking about a great deal -also remember that this can be scheduled in with
city labor as Mr. Hopkins is able to do it -it isn't something for example that would
have a time limit on it, but what happens and the reason we're appealing to the
Council is that you see I can't really expect the local merchants such as Mr. Wolfe
at the Builders supply to come up with a donation of half -for example we would like
all the seating units to be out of all brick -it would be easier to maintain -not
having to depend on concrete block -make it all brick -it would look better, cleaner
and we've got an indicator from several people that they would be willing to provide
the money -provide the materials so long as they know that we've got first step accomplished
that is the permission for Mr. Hopkins to schedule a couple of men to get in there
and actually do the cutting of the street -I feel that it would be much -it would make
a great deal more sense, I believe, to have city people to actually do the cutting
of the street -as far as what goes on aft er that -the landscaping -the placement of
the curb -the serpentine walls and the brick work and the landscaping_
I think that
after that point -Project Clermont will follow through and I don't think that you'll
see that there will be any difficulty beyond that point, but the irrigation -the
placement of the sprinkler parts -the actual cutting of the street itself -if we could
just simply have your approval to get the street cut, I think we can take it from
there and as far as dollars and cents, Mr. Hopkins -I'll leave that more or less up
to you to more or less project at this point what you think it might cost -its your
people -it would be your people and your peoples labor that we're talking about"
Moor: "I might interject something at this time, Nick -I think that Project Clermont
is a fine thing and I think that it is something that we've needed and they've
already showed an interest in it -they've done a good job on that little park down
there that I got permission for them to use, but I want something very concrete from
Project Clermont that if we did authorize the City Manager to put labor there or
if he decided that it would be allright to put labor there to cut that street, I
wouldn't want that street cut and then just set there for six months or a year with
nothing done to it"
Jones: "We've got kind of a cart and horse situation -my Project Clermont people want-
won'tp�ledge me any money or materials until they've gotten approval of Council -
the Council's willingnem to allow them to cut the street, so I'm in an impasse here
Ahk
MINUTES M 900
Smoak: "You can't got a commitment from these people, Pick, with the understanding
that tie commitment: is invalid if you don't gat the approval of the City?
Jones: "That's just about what it amounts to -in other words they're saying if you
don't get the Council to at least to agree to allow them to cut the street, we're
just not gonna donate a dime or acquire any material whatsoever"
Manor: "Wouldn't it be practical Mr. Jones, if the Council saw fit to send you back
to project Clermont saying that the Council approves of the project if and when
Clermont Project puts something definite in writing that they will go ahead and finish
the project so that we won't, like I said, have a half finished job there"
Jones: "This would be appropriate -I would have no objection to this if what you're
say ng is, you're more or less turning the cart and horse around and more or less
putting it back in their lap and requiring them to come up with a concrete cash
or material whatever is necessary"
Mayor: "Some guarantee of that, yes sir is what I"
Smoak: "As the Mayor mentioned earlier and I think very important that they voice
ttFie{r opinion to the Council directly -individually -the property owners that are
affected because up to now I think there's potentially people that aren't gonna
want their parking space eliminated".
Mayor: "Yeah, I would insist on 100% participation by the property owners"
Jones: "100%, Mayor?"
Manor: "Yes sir: I stick with 100%. If I had a business down there and they wanted
to shut off my parking in front of my place of business -now I'm not saying that I
would be that way -but if I happened to have that frame of mind -I'd hate to think
that the Council would override me and shut off my potential parking in front of
my place of business".
Beals: "I think that 100% is too much to ask for -this City Council is never 100% on
anything"
Mayor: "Well I know, but this is a different -that's a matter of opinion -this is a
man's livelihood where he's got his money invested in a business and he may think that
it's very essential to have the parking places in front of his place for customers
to stop and trade, but he's got to be sold on the idea that it would be an asset
to hi.fii"
Beals: "I'm glad that the sewerage system wasn't handled in that manner about
the front foot assessment"
Mayor: "Well when you're putting a sewer through you're not keeping a man from parking
in front of his place of business -like I say -I may be wrong"
Smoak: "Another question in my mind, Nick, do you have any underground utility lines -
water lines -drainage lines in the area that you wish to improve, that if it became
necessary to work on these lines would you have to tear the improvement down to do it?"
Hopkins: "We've got some water lines that cross Montrose Street it could be designed
around it"
Smoak: "Nothing goes east and west?"
Hopkins: I believe it goes underneath the sidewalk -the main line is presently under
the sidewalk along with the meters, as I recall"
Smoak: "What about storm drains -telephone cables etc.?"
Hookins�: "Of course we want to get with all the utility people which hasn't been
done yet and find out exactly where they are so the thing can be designed around
that -there would be a shallow cut just through the pavement and a new curb"
Smoak: "I personally think it's just too early to come to the City Council and ask
for great participation, particularly as the Mayor says, get the streets cut up and
then set there for six months and then the City has got to either repair the street
or foot the bill for the improvements, one way or the other"
MINUTES N9 901
5chroedel: "Does all that blacktop collie out?"
Jones: 'Yess1r."
Schroedol: "Right down to bare ground."
round but take the
bares
groundeandulet wold V�the soil ant to ocondItion-itt only take's notnconduciveato proper landscaping"
Schroedol:"How high do you build your wall?"
Jones: "How high would the wall be? Approximately 24" off the street level."
Schroedel: "24"rabove the street level?"
Jones: "Yes."
Mavor; "To make a little seating area along there, isn't that correct, Nick?"
Jones: "Yesi, this is correct. 1 think one thing that you might consider is that-
T'tTiin-T our City Manager could possibly with a great deal of discretion -great deal of
Creasonablenes or ity Councils that wemhave sjust -such dfinancialtas well as material and labored that vie prove to support
in behalf of
support
ish the
ject-if
ere
do thisa
aone end eofaethstreet-it seems ltoameototbefanreasonable orequest WinV,o to actul other
usrto have, ahlguaranteeuthatevetwould fulfillytheafinished productUIrthinkuthatng
this could be done and I would certainly think that it would be within the bounds
of the jurisdiction of the Council to authorize Mr. Hopkins to do the work once he
sees that we have the financial as well as the ability to actually bring in the
labor and material to finish the project"
M�'or:"Did someone in Project Clermont, or did you Mr. Jones, make a house to house
canvass down there?"
Jones: "Yessir, one one street, on the side that we're talkinq ab out, the
now I'veonly
called
signature that we actually, physically lack at the moment is the DAV,
three times to Clearwater and I've yet to find the party at home -but I m going to be
there again Friday and I hope to physically carry the map and physically go to his
door -I'm going to be there most all day -and I'm going to keep calling him or see
if I can track him down to get his name on there -then that would give us 100%
on that side -Now on the other side of the street -we: have all but one on that side, and
that's Mr. Marker and I very simply just haven,t been able to catch him at the
time he happens to be in town. Would the 100% actually include the corner properties?
In other words the tavern and the"
Mavor: "I don't think it would affect the tavern or Mr. Meiggs furniture store"
Jones: "But I understand -don't Mr. Meiggs also have another store down there?"
Mayor: "Yes, he has an upholstery shop and if you want down the other side you
wou�ldn t go in front of him, would you?"
Beals: "Yes."
Jones: "Right to his front door -in other words there is a sliver of it that
comes to his door-incother words about half of his property has got a little bit of
planter".
Mayor: "What does Mr. Meiggs think about it?"
Beals: "That's where you're short your 100%, isn'it it?
Jones: "Maybe, his wife has been relatively negative about whatever seems to be
suggestive -although she hasn't said, she's not personally told me that she would
flatly refuse to sign"
Mayor: "He backs his truck up there you know and unloads the furniture and stuff
right at his door"
Jones: "Right, we would like to discourage this -this is not conducive to property
on Montrose Street -we don't feel it's conducive to the safety of people"
Mayor: "Well the only other place he has is in back there and it's pretty steep
going down those stairs moving furniture -well why don't you do that then Nick -go
into it a little deeper with your committee in charge of Project Clermont and
then carry whatever you find out from them down to Mr. Hopkins and let him
MINUTES NQ 002
transmit it to us"
Jones: ,will I need the 100% of signatures?"
Mayor - "Well now that's up to Council -as far as I'm concerned you need 100%, but
t e rest of Council may out vrte mo"
Jones: "Could I ask that Council vote on this or give me some direct"
Beals: I think that 100% is a little too much to ask for -I'm just speaking for
myself I'd rather not put a percentage on it -but if it appeared that the consensus"
Jones: "The reason I asked is that I'd hate to spend all this time if one person
on t e entire block defeats us"
Mayor: "Well I'd be perfectly willinii if it meets with the approval of Council to have
a vote to see how the Council stands
Jones: "It would be greatly appreciated"
Beals: "On the 100% bit?"
Mayor: "Yes."
Beals: "You don't need a motion on it, just a straw vote -is that what you had in mind?"
Mayor: "Any way you want to do it"
Smoak: "I don't think that voting on that is gonna do you any good, Nick -I can't
see —were it would"
Jones: "In other words what I'm saying is, if I get all this work done and I come
n ere and Council decides that they want an absolute 100%, Mr. Meiggs votes No -
then we're out of luck
Smoak:"As one -fifth of the Council, I am not in favor of making any commitment
w atsoever until I get, as a Councilman, more information, that's the way I feel
tonight"
Mayor: "Well I don't you'd be -that it would be too much work if you would contact
your committee and find out as to just what they're willing to do as far as finishing
the project and guaranteeing the finishing of it and just what you expect the
city to do outside of some labor -if you expect the city to come into it from a
financial standpoint and then bring it before the Council and we can iron it all
out at the same time whether we want to OK it as far as partial participation by the
merchants or 100% participation -it's just according to how the Council wants to
handle it"
Beals: "I'm certainly not in favor of turning the town over to Project Clermont, but
I -would like to give Nick just a bit more encouragement"
Mayor-: "Oh, I'm in favor of Project Clermont -I wish them all the luck in the world
and I want to supportthem all I can but not at the expense of some business downtown -
if a man feels like it's gonna hurt his business -Well, I guess it's kind of to a stand-
still Nick, will just have to wait and see if you can get some expression from
your committe and bring it to Bob and get it more concrete -what they'll do if we'll
do and then bring it back before the Council and see how the Council stands as far
as participation is concerned and as far as if the majority of the people down there
want it and override the rest of them, why, whichever way the Council wants to
go is perfectly all right with me"
Schroedel: "Nick you say that Mr. Meiggs is your only dissenter?"
Jones: "No, I didn't say that. I just said that I have been reluctant to touch
base or to push or make an issue of it with them -I've just kinda approached them
and she was somewhat on the negative side rather than for it and rather than get
into an argument over it, I just more or less dropped it and thought it might be
best"
Idayor: "You said they might not be the only one, now has anyone else had a negative
attitude toward it?"
Jones: "No, sir."
Mayor: "All the rest have been affirmative?"
Jones: 100%. In fact they hav a been very encouraging, in other words we're
standing in a position like of all the businesses down there, not only are we
MINUTES Nn 90:;
getting their OK, they're actually working vary closely with us"
Ma_ oar_ "Well let's leave it that way Nick-soe what you can find out from them -a
more concrete proposal and bring it in to Mr. Hopkins and then we'll go into it a
little deeper.
Schroedel "Give me a couple of days to talk to Mr. Meiggs."
Jones: "I would greatlyappreciate it - I thank the members of the Council very
muc or the opportunit.
Mayor: :Thank you, Nick, I know you're working very hard on it and we appreciate
it. Is Mr. DeYoung here?"
Hopkins "I don't see him Mr. Mayor, he called me and said that he may be a little late"
Mayor: "Well we can go ahead then and if he comes in"
Is Mark Minnick here?"
Minnick: "Yes"
Moor:_ "Will you come up Mark and tell us what's on your mind?"
Minnick:"I'm more or less representing the Clermont softball league hoping to attain
the use of the municipal stadium in Clermont. We were formerly using Minneola's
Elementary School and we got thrown out of there the other night because the light
bill was running up a little too much -that's the only thing we've heard- and we
don't have any other place to play -we've got about six or seven teams now and average
about fifteen mean to a team and all of a sudden no place to practice or play"
Mayor: "That's adults, isn't it?"
Minnick: "Right'.'
Moor: "Now what affect would your softball have on the baseball diamond?"
Minnick: "None whatsoever. We would use the 90 foot bases as they are -we wouldn't
e cutting across the green -no steel cleats -we wouldn't hurtthe field at all"
Mayor: :You wouldn't make a softball diamond out of it - you would use it like it is?"
Minnick: "Right."
Moor: "You'd use the same pitchers mound?"
Minnick: "Right."
Mayor: "Can you throw a softball that far?"
Minnick: "Yes, I imagine we'll make use of it one way or the other, No, we won't
ave to urt the green any and if Mr. Black wants it raked when we're done for his
use, we'll do that".
Smoak: "Mark, how may nights a week do you want it?"
Minnick "Well we're probably gonna have games two nights a week and we could have
another night or two for practice -we're just now getting started with it"
Smoak: "Have you got some kind of organization -in other words some one -tyro or three
people that will be responsible for seeing that the park is locked up -the lights
are turned off and that sort of thing?"
Minnick: "Right. Paul Bowen, myself and Jerry Sweat."
Mayor: "What did the light bill run in Minneola?"
Minnick: "I have no idea -that's the reason I heard that they shut us down -we had only
used it one night"
Beals: "Isn't that at the Elementary School over there?"
Minnick: "Well, at the only school over there that I know of"
Beals: "And the school pays the light bill then, is that right?"
Minnick: "I would imagine so."
Beals:' "Then they must be the ones that objected."
Schroedel: "Mr. Mayor, Mark called me and talked to me about this by telephone and
MINUTES M 901
I in turn talked to Mr. Hopkins about it and we discussed the possibility of going
down to the eem
that Little League ihas on cgrown lso big that plant eboth rofathosere wodiamondsamare ball dbeiingtusedsfors
Little League"
Mayor: "These boys would knock that ball over that fence nine times out of ten"
Schroedel: "Well, thats it"
Minnick: "That's what happened the other night."
Schroedel: "they are not satisfactory and the only place they have to go is up to
they akedaand the problemon isilhether the wd out ouljttear up the field or whether
Ma or: "Well we don't want to change it into a reqular softball diamond -it wo uldn't te practical not to have a baseball diamond because the High School plays baseball
there and there is a colored team that plays there, and as far as I personally feel,
I think that you deserve all the support -that we can give you and as for as the
expnese of lighting is concerned -the park is built for the use of recreation and
for the use of the people in Clermont and I may be sticking my neck out when I say
that I'm in favor of paying the bill, but I am -I'm glad to be a part of recreational
program and I think it would be a pity not to support you fellows in your endeavor
and in the progress of recreation in Clermont.
Beals: "I agree with that wholeheartedly -it just seems odd to me that the school
system can't see fit to pay a little light bill when those lights were donated by
private subscription -didn't cost the taxpayers of Lake County a dime -I think
Florida Power even installed the lights for them
Smoak: "Who actually notified you that the Minneola field was no longer availab let"
ers
understandOthatfthe guys they don'tdown wantausthe downord therreace-one of the at all daytimemanighttimewthere-we or anytime".
Smoak: "Who is they? Was it the city officials or the school board?
Minnick: "From what I heard it was Jerry Gehlback and the Mayor over there"
High School ormwhatever git�ishsotoselet's lightjustmgos cae fover rom Cthere nand iget eour School -Junior
lights and
bring them back home"
Smoak: "I would suggest that the City Council write the school board and find out
exactly what the status of that field is because it is more acceptable for softball
than the Clermont field -if we can find out exactly what the status is of the school
board I don't know that there's any reason that the school board if they say
it's OK, why they can't play over there"
Beals: "That's school property and unfortunately those lights are the property of
the school, I mean they were donated -and I know that I objected strenuously to
moving them to Minneola but it didn't do any good"
Smoak: "I would suggest that that would be a better course of action"
Mayor: "Let's go ahead and find out the position of the school board"
Minnick:"Well can we go ahead in the meantime and use the baseball field?"
Mayor: "Yes I would say so -you would need to get with Mr. Hopkins and see what the
schedule of the other teams are -check with him"
(End of tape No. 5)
Messrs. OeYoung and Kildahl of the First Lutheran Church, appeared before Council
and briefly explained their proposed project "Garden of Flags"to be located adjacent
to the church building and along Highway #50, and requested the use of the city owned
grader and an un-metered water supply for the irrigation system in the garden.
It was consensus of Council that this project would be a tremendous asset to the
city of Clermont, whereupon motion was made by Councilman Schroedel and seconded
by Councilman Byrd that water be furor shed by the city for this_proiect
MINUTES N9 905
City Manager Hopkins submitted his report both orally and written and a copy is
attached hereto. With regards the Manager's recommendation that Council purchase
uniforms for city employees from Champion Uniforms, this matter was referred to
the City Manager. With regards the Manager's recommendation that a work session
of Council be held to discuss a budget adjustment regarding wages and salaries,
Mayor Smith called a work session of Council to be held on Monday night, April 2nd
at 7:30 P.M. in the City Manager's office.
City Controller Fleming submitted copies of the annual audit to Council and advised
that Mr. Greenlee would be glad to appear before Council to answer any questions
which they might have regarding the audit.
City Attorney Vason reported that Attorney Christopher Ford had been retained by
Peter H. Johnson in the condemnation suit filed by the City and that the hearing
would be held on April 3rd at which time it would be necessary that the city post
a check to be held in escrow for whatever amount of money that the court determined.
Motion was made by Councilman Beals, seconded by Councilman Smoak and carried
that Mr. Vason roceed with whatever steps are necessary to further the condemnation
procee ngs
Councilman Beals offered and moved the ado tion of a RESOLUTION requesting that
the Department of Transportat on reroute State Road 561 from its present location
to along U. S. Highway 27 to the intersection of State Road 50, thence along State
Road 50 to the present intersection of 561 and 50 rather than through the
residential and downtown sections of Minneola and Clermont. The motion was seconded
by Councilman Byrd and unanimously carried. The RESOLUTION was read in full by
City Attorney Vason and the No. 206 assigned to it.
Councilman Smoak offered _and _mo_v_ed the adoption of a RESOLUTION requesting that the
Department of Transportation can uct a traffic control study of U.S. Highway
27 from its intersection of State Road 50 to its intersection with Hook Street
because of the great number of fatalities and property damages incurred in that
area in recent years. The motion was seconded by Councilman Beals and unanimously
carried. The RESOLUTION was read in full by City Attorney Vason, and the No. 207
assigned to it.
Councilman Smoak offered and moved the adoption of a RESOLUTION accepting the
Sanitary Sewerage Improvement System, declaring the special assessments to be due and
payable, providing for the method of payment thereof, and establishing priority
of lien against property for unpaid assessments. The motion was seconded by
Councilman Beals. The RESOLUTION was read in full by City Attorney Vason and the
No. 208 assigned to it.
It was the suggestion of Councilman Beals that a delegation once agai.n.go to
the Department of Transportation in Deland with regards the hazardous crossings
throughout Clermont along State Road 50, and advised that Commissioner Jim Hoskinson
would accompany them.
Councilman Smoak offered and moved the ado tion of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMO T, FLORID MENDING SAID CODE OF ORDINANCE TO
CHANGE CERTAIN PARTS AS DESCRIBED THEREIN FROM R1A ZONING DISTRICT TO M1 ZONING
DISTRICT: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING AN EFFECTIVE DATE:
AND PROVIDING FOR PUBLICATION BY POSTING and the motion was seconded by Councilman
Beals. The ORDINANCE was ready by title only for a second and final reading
by City Attorney Vason and upon roll call vote on passage of the motion, the
result was: Ayes: Schroedel, Byrd, Beals, Smith and Smoak. Total Ayes: Five.
Nayes: None. To the ORDINANCE was adopted, the Number 88-C assigned to it and a copy
ordered posted.
Adak Adalk
MINUTES N9 906
Councilman Schroodel offered and moved the adnntion of AN ORDINANCE. UNDER THE CODE
Tt Uj'07RAN=Ur FIL'Cf'Y6f°Z11TiFF1NiT, rLORIU/i; IiF91FING SUB -SECTION (b) OF SUCTION
B-1; AMENDING SUB -SECTION (c) OF SECTION B-1; AMENDING SUB -SECTION (a) OF
SECTION 8-2: AMENDING SUB -SECTION (b) OF SECTION 8-2: AMENDING SECTION 8-5 BY RE-
PEALING SUB -SECTION (a) AND SUB -SECTION (b) AND SUBSTITUTING THEREFORE A NEW SECTION
8-5: AMENDING SUB -SECTION (1) (a) OF SECTION 8-14; AMENDING SUB -SECTION (1) (h)
OF SECTION 8-14; AMENDING SUB -SECTION 2 of SECTION 8-14; AMENDING SUB -SECTION 3
OF SECTION 8-14; AMENDING THE FIRST PARAGRAPH OF SECTION 8-34; AMENDING SUB -SECTION
(g) (G) OF SECTION B-40; PROVIDIi4G A DEFINITION FOR THE TERM "ELECTRICIAN";
PROVIDING A DEFINITION "MASTER ELECTRICIAN"; ESTABLISHING A BOARD OF EXAMINERS OF
ELECTRICIANS: PROVIDING FOR THE EXAMINATION OF MASTER AND JOURNEYMAN ELECTRICIANS;
PROVIDING FOR THE CLASSIFICATIONS OF MASTER ELECTRICIANS, JOURNEYMAN E.LECTRICIP.NS
AND ELECTRICAL CONTRACTORS; PROVIDING FOR THE REQUIREMENT OF MAIN SERVICE DISCONNECTS:
ESTABLISHING WIRING METHODS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION
BY POSTING. The motion was seconded by Councilman Byrd. The ORDINANCE was read
by title only for a second and final reading by City Attorney Vason and upon roll
call vote on passage of the motion, the result was: Ayes: Smoak, Smith, Beals,
Byrd and Schroedel. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted,
the Number 89-C assigned to it and a copy ordered posted.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SECTION 19-13 OF THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA; AMENDING SECTION 19-18; AMENDING
SECTION 19-19; AMENDING SECTION 19-21; PROVIDING FOR THE GENERAL LIABILITY OF
THE OWNER OF ALL LANDS THROUGH WHICH ANY STREETS OR PUBLIC WAYS ARE TO BE CONSTRUCTED;
ADOPTING AND INCORPORATING HEREIN THE LATEST PUBLISHED EDITION OF THE STANDARD
SPECIFICATIONS OF THE FLORIDA DEPARTMENT OF TRANSPORTATION, ESTABLISHING MINIMUM
STANDARD OF SUB -GRADE STABILIZATION; ESTABLISHING MINIMUM STANDARDS FOR STREET
WARING SURFACES; ESTABLISHING AND INCORPORATING HEREIN AN ILLUSTRATION OF TYPICAL
STREE CROSS-SECTION; PROVIDING FOR MINIMUM DRAINAGE STRUCTURES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR PUBLICATION BY POSTING. The motion was seconded by
Councilman Schroedel and the ORDINANCE was read by title only for a second and final
reading by City Attorney Vason. Upon roll call vote on passage of the motion, the
result was: Ayes: Schroedel, Byrd, Beals, Smith and Smoak. Total Ayes: Five.
Nayes: None. So the ORDINANCE was adopted, the number 90C assigned to it and
a copy ordered posted.
Councilman Smoak inquired of the City Manager as to the status of the sewer condemnation
suits and he was advised that he had been unable to contact Mr. Langley. Council-
man Byrd thereupon moved that Robert F. Vason, Jr. be appointed as City A oft rney
ec eve imme is a y. a motion was seconded y Councilman moo ana carried.
Councilman Beals abstainea Trom voting an p—xpi_a7n_P.7a his reason Tor uoing so way
because he regarded Mr. Vason now as City Attorney and Mr. Langley also regarded
Mr. Vason as being City Attorney and doesn't think this action was necessary.
Councilman Schroedel inquired as follows: As to whether or not the sewer easements
had been recorded and City Manager Hopkins reported that they were in the process
of being recorded now; As to whether or not the motor protective switches at the
lift stations were installed and he was advised that arrangements had been made
with Orange Electric, but that work had not been started as yet.
Councilman Smoak inquired of the Operations Manual and Mr. Hopkins advised that
the only word he had had from the engineers was that they were working on it. It
was consensus of Council that the City Manager contact Michael s-Stiggins, Inc.
and advise that if the manual has not been completed and delivered by May 1st,
that we shall engage another engineering firm to compose the manual and then
deduct the expense for same from the monies owed to them.
Councilman Beals reported that he had resigned as Council's representative to
the OEO, and, that he was now a director of the Lake County League of Cities
that during a recent meeting of the Board it was consensus thtt possibly the
municipalities were being taxed double when paying both city and county taxes in
return for the services which they receive from the county and that they felt
the League should pursue this matter with the County Commission and he hoped that
Council would concur in this opinion with the League Board.
MINUTES NO 007
With regards the request by L. W. Russell for a tax refund for the years 1970-71
which were assessed in error inasmuch as at that time his residence, which is a
boathouse out over the lake was outside the corporate city limits, motioe was
made by Councilman Schroedel, and seconded by Councilman Byrd that the
refund be authorized. Motion was then made by Councilman B eals and seconded
by Councilman Smoak that Fis matter be taFTH until such time as the City Attorney
can investigate the legality of making such a refund. The motion carried with
Mayor Smith and Councilman Schroedel voting in the negative.
With regards request of the City Manager for an interpretation of the Zoning
Ordinance regarding rear access -side yards, motion was made b Councilman Smoak,
and seconder! by Councilman Beals that it be nterprete to a low for elimination of the
inside setback on corner lots when rear access is accomplished from a side street,
and, that this provision be included in the C2 zone. The motion carried with
Councilman Byrd voting, Naye.
With regards the appointment of a HOUSING BOARD OF ADJUSTMENTS AND APPEALS,
motion was made by Councilman Smoqk� seconded by Councilman Byrd and carried
tFa—tCouncil be apppo me as the Board with Mayor Smith- Councilman Smoak and
Councilman Deals being appointed for three year terms; Councilman Byrd being appointed
for a two year term and Councilman Schroedel being appointed for a one year term,.
The meeting was adjourned by Mayor Smith.
Don E. Smith, Mayor
Dolores W. Carrel I , City Clerk
CITY MANAGER'S REPORT
The routine business of the City is being conducted as usual despite continued
labor problems. During the past two weeks the Police Department has had 21
Junk cars removed from private and public property. The Police Department has
employed another college student as a police cadet under the program sponsored by
the Governor's Council on Criminal Justice. Vicky Lane replaces Jerry Blair who
Is now employed full-time as a dispatcher.
At the last Council meeting, we were instructed to investigate buying rather than
renting uniforms for city employees. Members of the Council have a memo dated
March 26, 1973 wherein we recommend that the uniforms be purchased from Champion
Uniforms. Council consideration of this recommendation is requested.
Members of the Council have received a memo dated March 21, 1973 containing wage
and salary information and a recommendation for a budget adjustment effective
May 1. It is requested that a work session be scheduled to discuss this recommenda-
tion.
Judge Waters has information about the new uniform bail system and the new DWI
school. He would like to discuss these items with the Council. It can be done
at the work session already requested.
From April 17-20 I will be attending the 22nd Southeastern Municipal Management
Institute at the Georgia Center for Continuing Education, University of Georgia.
During my absence, Bob Smythe will be Acting City Manager
Arrangements have been made to host the Lake County League of Cities at the Elks
Club on Wednesday evening, April 18.
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March 27, 1973