04-09-1974 Supporting DocumentsMIND rEs N4 1022
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, April 9, 1974. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Schroedel, Waller, Byrd and Oswalt, Other officials present were:
City Controller Fleming, City Clerk Carroll, City Attorney Vason, City Manager
Hopkins, Director of Community Services Smythe and Chief of Police Tyndal. Others
Arepresentative
present
The
ofMessrs.
OrlandoHovis,
Sentinel/StarBrant,
wasCzech,
presentLooinis and Muir.
The Invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular Meeting held March 26, 1974 and of the Special Meeting
held April 2, 1974, were approved as written.
Mr. Bronson Brant, representing the Kiwanis Club of Clermont as well as himself
personally, appeared before Council and urged that they take some action with
regards what he described as "the hazardous and deplorable traffic conditions on
State Road N50 through the city, particularly from the truck traffic". Mayor
Smoak advised that Council was very much aware of the traffic problems and had forwarded
requests to the DOT several times over the past few years to change the speed limit
on State Road N50 whereby it would be uniform from city limit to city limit,
but all the requests had been denied. Mayor Smoak reported that he did feel like
the situation would be lessened considerably with the widening of the highway
as proposed by the DOT. With regards the truck traffic City Manager Hopkins
reported on recorded statistics of accidents within the city from January 1, 1971
thrtodate car5driversiassissued as a opposed to 18result of these accidents,
hich issued against truck
drivers.
Attorney George E. Hovis appeared before Council with regards his research to determine
the title holder of certain lakefront property lying between Lake Shore Drive and
Lake Minnehaha on which the city has granted leases and/or easements for several
years. It was the opinion of Mr. Hovis that this property is actually the right-of-
way of Lake Shore Drive as originally developed and platted by the Lake Highlands
Company, and that in order to resolve the questions of ownership and grant assurance
to the persons having tremendous investments on this property, that Council vacate
the southern portion of Lake Shore Drive with the vacated portion reverting to the
property owners abutting the street to the north. This matter was referred to City
Attorney Vason for his study and recommendation.
City Manager Hopkins reported as follows: That he had received a request from
local parents to sponsor a benefit dance for the March of Dimes in the Jenkins
Auditorium on April 20th. Motion was-madebv^Councilman*S�ShroedidPdsallndulesyand
re ulations as erzains cu uan�co n= ---� —
Sumter Commum ty Co ege a again requeste use of the Jenk ns Auditorium on
Monday nights from May 6th thru June 24th to offer a Physical Conditioning Course
for Women, and that it was his recommendation that this request be granted, and
without fee for use of the auditorium. Motion was made b Councilman Schroedel,
seconded b Councilman Waller and carrie that the recommendation of the cityMana er
e accepted: that he ha received inquiry from the State as to Council s desire
to pursue the application submitted for a loan to fund the Minnehaha Estates
addition sewer extension, or to close the file, and it was consensus of Council
that the file be closed; That Ordinance No. 103-C (Landscaping) which had been
tabled for a sixty day period following its introduction in order that further study
and consideration might be given to it, and, that inasmuch as this period had passed,
MINUTES NO 1023
Ile would recommend that it be placed on the April 23rd agenda for either passage
or rejection, whereupon motion was made b Councilman D.yrd, seconded_ by Councilman
Schroodel and carrie tat Ordinance 03-C be Placed on the April 2 rmen—tea o1 r�
a second and finalrrea�nd and that he was In rece pt ot a sample resolution
as submitted by the City of Pompano Beach wherein they urged that Council endorse
their claim against the State of Florida for reimbursement of monies paid for
their ocean outfall, which, though approved by the State in 1962, was now ordered
discontinued. This matter was referred to City Attorney Vason for his study and
recommendation.
Councilman Byrd extended Thanks to Mr. Brant, and members of the Kiwanis Club who
were present, for their interest and concern to approach Council about the traffic
conditions on Highway 50.
Councilman Waller reported he had received complaints regarding litter generating
from the body shop located at the corner of loth and Juniata Streets as well as the
parking of vehicles on the right-o-way just outside the fence surrounding the body
shop. It was the recommendation of City Attorney Vason that such complaints be
submitted in writing by those persons affected before consideration be given by
Council.
Councilman Schroedel reported as follows: That he had attended the Board Meeting
of Cooper Memorial Library on Monday at which time it was reported they were only
$300.00 short of their annual fund drive goal, that they were going to sponsor
the May Orange Blossom Breakfast, and that they were highly enthusiastic with their
initial meeting of the 'Friends of the Library Organization"; That the Stop Sign
on the northwest corner of Lake Avenue at Lake Shore Drive was obscured from view
by tall shrubbery which was very hazardous, and, That inasmuch as the shape of
the narrow bridge spanning the canal between Lakes Winona and Minnehaha was such
to prevent seeing oncoming traffic, he recommended that yellow lines be painted
on each approach to the bridge.
Mayor Smoak reported he had attended the dedication ceremony for the Luthern Church
"Court of Flags" and he felt it was a very commendable project.
Motion was made by Councilman Schroedel, seconded by Councilman Waller and carried
that the bills be paid.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES;
REZONING LOTS 3, 4, 5 and 6, BLOCK 44, FROM C-1 ZONING CLASSIFICATION TO R-3.ZONING
CLASSIFICATION: REPEALING 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 Attorney Vason, by title only.
City Controller Fleming reported that 80% of the sanitary sewer assessments had been
collected todate, and that William Howard, actuary for the city's pensions plan, had
submitted his annual audit and report of the pension plan which showed to be in
excellent financial condition.
City Attorney Vason requested authorization and renumeration for costs involved
to appeal to the circuit court for a reversal in a recent judgement handed down by
the municipal court judge involving a DWI case wherein the defendant requested a
"trial by jury" which municipal court is not prepared to handle and thereby the
judge rules that this request having been made, it was then incumbent upon the
city to prepare the necessary document, record, transcribe and bear the cost of same
for the two hearings held and then initiate proceedings whereby the case could be
transferred to a court which provides a "trial by jury". Mr. Vason reported that
he could find no statutary codes, no provisions in the applicable criminal rules
nor in the rules that govern the proceedings of a traffic court that the city be
required to initiate transfers of cases to courts which provide for "trials by jury"
and he thereby felt that this ruling not only adversely affected the city in this
case, but in a previous one and any future like cases. Council was in agreement
with this whereupon motion was made by Councilman Waller, seconded by Councilman Oswalt
MINUTE,
and unanimrnis1 carried that the rcruest of Cit Attorney Vason be acted.
wocr v�netTo lowing contac tty ane eried that
they did not furnish recordings and transcripts for defense counsels, ;notion was
the court se5slen5 in u i urmun 4 —,Y -- —
It had been the recommendation of City Manager Hopkins, in a previous report to
Council, to set aside the anticipated grant in the amount of $97,700.00 from
the EPA, for savior extension to the Minnehaha Estates. Controller Fleming repo
that this grant had been received, whereupon motion was made bi Councilman Schr
en—nd-1 by rnunrilman Waller and unanimously_ carr a teat t e ty anager e
City Manager Hopkins reported on a firm selling price of $127,500 for the Exchange
Bank Building. It was consensus of Council that the City Manager obtain a floor
plan feelsof the would beilding necessaryhto fittof the city'sble needsaandsand then holdmated costs work session
he
of Council to consider the matter. Mayor Smoak called a work session of Council
for Monday evening, April 15th, at 7:15 P. M. to tour the Exchange Bank Building
and then meet in the office of the City Manager.
Mayor Smoak reported that he had met with Peter H. Johnson regarding the condemnation
suit of the 3;£ acres of property owned by Mr. Johnson, and that he did not have
a proposal to present to Council, but that Mr. Johnson appeared to be amenable to
settling the suit out of court.
With regards a request received to operate a Child Care Center at 748 Lake Avenue
in a C-2 zone, it was the recommendation of the Planning and Zoning Commission that
child care centers being commercial in nature and not more obnoxious or detrimental
than other uses in C-1 and C-2 zones, be allowed in C-1 and C-2 zones as permitted
uses. Motion was made b Councilman 8 rd, seconded b Councilman Schroedel and
carried that the recommen ation of the P & Z Commission be T epte an child
It was still further recommended by the P & Z Commission that the Zoning Ordinance
be amended to allow for child care centers in C-1 and C-2 Zoning Districts under
a Conditional Use Permit. Motion was made by Councilman Schroedel seconded by
Councilman Byrd and carried that this recommendation be accepted and the City
The evaluation report as submitted by Universal Engineering Testing Co., Inc. on
the borrow pit was discussed at length. Motion was made by Councilman Waller,
cprnndpd by Councilman Schroedel and carried that City Manager Hopkins be authorize,
The meeting was adjourned by Mayor Smoak at 9:50 P. M.
r
Claude Smoak, Jr., Mayor
Do Ores W. Carroll, CityC er
GENERAL FUND
ACCOUNTS PAYAULE - APRIL 1974
Advance Electric Co.
Art Grindle Dodge
Bowen Office Supply
Britts Auto Electric
Champion Uniforms
Connrex
Clements'
Clermont Auto Parts
Coble's Radiator Shop
Clermont Hardware
Cal Hegstrom Co.
Clermont Medical Center
Cauthen's Farmway
Dust -Tex Service
Eckerd's
Goodyear Service Store
Gem Chemical
Hughes Supply,Inc.
Harb Equipment,Inc.
Hilltop Stationery
Hunt 's Garden Center
Inland Equipment
Jones Equipment Co.
Jack Cocke & Co.,Inc.
Jim Willis Hardware
Kennedy Company
Lake Apopka Natural Gas
Lake Communications
McCain Sales
Mobil Oil
Memorial Bronze
Municipal Code Corp.
National Park Association
NCR
National Linen Service
Orlando Paving
Publix
Superior GMC Trucks,Inc.
Shaklee Corporation
Southern Pipe
South Lake Press
Sou.Bldg.Code Publishing Co.
Southland Equipment Corp.
Scotty's
Standard Auto Parts
The A.W.Peterson Gun Shop
Williams Garage
Western Auto Store
Whirler -Glide Mower Co.
Building Maintenance )
Vehicle Parts
Minute Paper . Binder )
Vehicle Maintenance )
Uniforms )
Batteries )
Pest Control )
Vehicle & Equipment Parts )
Vehicle Maintenance
Cable Clamp & Brush
Copystat supplies )
Prisoner Expense )
Seed )
Janitorial Supplies )
Film -Prints -Bulbs )
Tires and Tubes )
Wax )
Sloan Valve Parts )
Hydraulic Oil )
Office Supplies )
Dog and Swan Feed )
Equipment Maintenance )
Law Enforcement Equipment )
Jet Nozzle )
Botts -Hooks -Keys )
Building Maintenance )
Utilities )
Radio -Light Bar -Siren )
Sign Materials )
Petroleum Products )
Memorial )
Binders )
Subscription Renewal
Billing Machine Tape
Janitorial Supplies )
Asphalt Mix )
Dog Food )
Vehicle Maintenance )
Concentrate for Fire Dept.
Black Pipe-E1ls,Tees, etc. )
Advertising )
Code Books )
Relay )
Ladder )
Vehicle & Equipment Parts )
Ammunition )
Vehicle Maintenance )
Shells & Flashlite Batteries
Lawnmower )
10.00
6.87
137.37
38.05
921.20
68.85
9.00
138.56
26.06
.89
15.00
18.00
5.38
13.45
31.50
289.28
43.50
9.18
19.90
62.91
27.80
37.67
242.65
307.00
3.82
3.00
35.88
107.93
126.10
1908.75
100.10
37.73
10.00
11.46
10.00
132.09
4.45
165.93
31.75
94.51
51.60
26.25
38.55
59.95
53.95
18.00
77.60
17.95
117.00
LITIES DEPAIZTMENT
B & II Sales,Inc.
Conco,Inc.
Champion Uniforms
Clermont Auto Parts
Clermont Hardware
Henderson Hardware
Hughes Supply,Inc.
Hilltop Stationery
Madden's Electrical Service
Orlando Laboratories, Inc.
Swift Chemical Company
Standard Auto Parts Inc.
White's Blue Print Service
( Rebuilt Meters & Supplies
for effluent line )
609.46
( Sewer Rodder )
2940.00
( Uniforms )
204.90
Vehicle & Equipment Parts )
27.42
(( Brushes -Handles -Glue -Hose Bibbs )
9.23
( Posts
7.60
( Pipe ))
793.68
( Office Supplies )
.75
( Service to Pump Motor )
102.70
( Water Samples )
99.00
Fertilizer )
4.50
(( Trailer Ball )
3.78
( Map Prints )
138.60
CITY MANAGERS REPORT
In an effort to reduce on-the-job injuries and accidents involving city personnel
and equipment, an accident review board has been established. The board comprises
representatives of the various city departments. Building Official Harvey Nagel
is the Chairman. The purpose of the board is to develop an accident prevention
program and to review all accidents involving city personnel and equipment and
to make recommendations regarding responsibility and corrections of conditions
to prevent such accidents. The board will meet monthly.
At the Council meeting on February 26, 1974 authorization was given to reduce
street lighting in selected areas to conserve energy. The first reduction is
being made on SR 60 5etween Bth Street and East Avenue. Florida Power is in the
process of installing new concrete poles in this area. In conjunction with this
work, some street lights are being relocated and six are being eliminated. Prior
to eliminating any more lights, we plan to evaluate the impact of this reduction.
Last year the City Council granted Lake Sumter Community College use of Jenkins
Auditorium without a fee for Physical Conditioning Course for Women. They have
made a similar request for May 6 thru June 24. (Mondays 7:00 to 8:30 P.M).
Approval of the request is recommended.
On January 26, 1973 the City made application to the State of Florida Department
of Pollution Control Sewage Treatment Revolving Loan Program for $150,000 to
fund the extension to Minnehaha Estates and acquisition of additional land for
spray irrigation. In July 1973 we were advised that the application procedure had
been changed. Since our priorities had also changed, no further action on the
application was taken. The State has inquired Whether we viant to complete the
application or close the file.
Universal Engineering Testing Co., Inc. of Orlando has submitted a bill of
$1,060.00 for soil borings and engineering evaluation of the borrow pit. Authoriza-
tion to pay this bill is requested.
On January 22, 1974 Ordinance No. 103-C, Landscaping, was introduced for first
reading and tabled. Sixty days were allowed for study and review of the ordinance.
It is requested that the ordinance be removed from the table and placed on the
April 23rd agenda.
The City of Pompano Beach has filed a Claims Bill in the Florida Legislature which
would authorize the State Treasurer to reimburse the city in the amount of
1.4 million dollars for the discontinuation of its Ocean Outfall. It seems that
the state approved the outfall in 1962, the city spent 1.4 million dollars to
construct the outfall and now the state is requiring the discontinuance of the
outfall. The City of Pompano Beach has requested that the City of Clermont pass
a resolution supporting their claim. They furnished a sample resolution for
Council consideration.
�444/k3n'�SZRo`Ue
April 9, 1974
MINUTE'S NP.1025
SPECIAL MEETING
A Special Meeting of the City Council of the City of Clermont was held in
the office of the City Manager on Monday, April 15, 1974. 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, Oswalt and Waller.
Others present were: City Manager llopkins, City Clerk Carroll and representatives
of the local Press.
Mayor Smoak announced the purpose of the meeting was to approve payment of
invoice in the amount of $2390.85 as submitted by Richard Crecelius for work
performed at the borrow pit, and to discuss possible acquisition of the old
Exchange Bank Building. Motion was made b Councilman B rd seconded b
Councilman Schroedel and carried, t at t o o c ar Crece us be
paid. Councilman 0swalt abstained from vot ng.
The meeting was adjourned by Mayor Smoak.
Claude E. Smoak, Jr., Mayor
Dolores W. Carroll
City Clerk