02-12-1980 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR MEETING
A regular meeting of the City Council of the City of Clermont was held in the Council Chambers
on Tuesday, February 12, 1980. The meeting was called to order at 7:30 p.m. by Mayor Claude
Smoak, Jr., with the following members persent: Councilmen Cole, Meginley, Byrd and Thomas.
Other Officials present were: City Manager Forbes, City Attorney Baird, Finance Director
Saunders.
The Invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Alleg-
iance in unison by those present.
The Minutes of the Regular Meeting held January 22, 1980 were approved as written.
MARSHLAND AND EFFLUENT DISTRIBUTION
Mayor Smoak discussed the 60 day Operating Variance that the City received for the
Waste Treatment Plant at the February 11, 1980 Pollution Control Board Meeting. He
discussed the research work pertaining to the Marsh Study, the needs of the City,
and the cost to the taxpayers.
VARIANCE REQUEST: SUMEREX ENGINEERING CORPORATION
The City Council, acting as a Board of Adjustment, considered a request by the Sum-
erex Engineering Corporation for a lot width Variance to construct two duplexes on
Lots 18, 19, 23, the North 40' of Lots 10, 11, and the South 110' of W 20' of Lot
11, Block 4, Sunset Heights Subdivision.
Mr. Dennis Horton, Attorney, was present to represent the Sumerex Corporation and
appeared before the City Council in support of this request. Mr. Horton explained
the request and stated that due to the unusual configuvation of the property, the
Variance was required. Mr. Irwin Crews, Mrs. Rudd, and Mr. and Mrs. Test expressed
their concern regarding the future use of these duplexes and their impact on the
neighborhood.
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Motion was made by Councilman Meginley that this Variance be granted on two condi~
tions. One is that the driveway entrances to this property only be constructed from
Orange Ave., and the second is that the property not be divided in a manner that
would violate the City's Zoning Ordinance. Motion was seconded by Councilman Byrd
and unanimously carried.
VARIANCE REQUEST: HILLSIDE TERRACE CONDOMINIUMS
The City Council, acting as the Board of Adjustment, considered a request by the
Hillside Condominiums for a Side Yard Variance to the Zoning Ordina:lce in order to
construct five carports. City Manager Forbes advised that a variance of 3.6' was
necessary, and that the carports would not interfere with traffic.
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Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously
carried that this Variance be granted.
VARIANCE REQUEST: MR. AND MRS. LLOYD H. BOLIEK
The City Council, acting as the Board of Adjustment considered a request by the
Boliek's for a variance in order to construct a fence 6' in height in the front
yard of their property at 444 West Montrose Street.
Mr. Boliek stated that this variance was needed'since he had a dog that could jump
a fence of only four feet in height. He stated, that due to the topography of his
property, the fence would not obstruct any view and that the fence and dog were
needed for security reasons.
Mayor Smoak stated that the City Council has denied many similar requests, and
Councilman McGinley discussed the City Code of Ordinances which makes this variance
unacceptable.
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CITY OF CLERMONT
MINUTES
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Motion was made by Councilman Thomas, seconded by Councilman Meginley and unanimously
carried that this request be denied.
CITY CLERK
City Manager Forbes recommended that Sandra Rozar be appointed to the position of
City Clerk. She is highly recommended by previous employers and has the experience
necessary for this position.
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Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously
carried that Sandra Rozar be appointed to the position of City Clerk.
WASTE TREATMENT PLANT
City Manager Forbes reported that the City Engineer has recommended that we submit
an application to the State DER to dike a small portion of our existing polishing
ponds. This dike is needed to increase the retention time of the treated effluent
and improve our waste treatment.
Mayor Smoak requested that Bill Dailey also be advised on this matter.
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Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously
carried that the City submit the required application for the dike to DER, and
that the City Engineer be authorized to act as the City's official agent on this
matter.
JENKINS AUDITORIUM CHAIRS
City Manager Forbes reported that he had received a letter from the South Lake
Players requesting that the City consider purchasing chairs available from "Once
Upon a Stage" Theatre in Orlando. He stated that he was concerned because these
were stack type chairs which would be much more difficult to store than folding
chairs. Councilman Meginley pointed out that there was presently only 250 chairs
in the Auditorium and that more were needed. There was a discussion by the Council
on the need for the chairs and the City budget.
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Councilman Byrd moved that the City Manager thank the South Lake Players for their
concern, and the City Council not consider the purchase of additional chairs until
the preparation of next years budget. This motion was seconded by Councilman Cole
and carried unanimously.
RAILROAD PROPERTY
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City Manager Forbes reported on the condition of the old Railroad Depot on West Ave.
as he discussed in the February 1, 1980 Weekly Memo. He stated that a new building
could probably be built cheaper than the cost of moving this depot, and that if the
Council Members had no objections, he would inform the Seaboard Coastline Railroad
that the City was not interested in this building. No Councilman voiced any objec-
tions.
AMENDING ZONING ORDINANCE AND TRANSITION ZONES
City Manager Forbes advised that the Planning and Zoning Commission had prepared
amendments to the Zoning Ordinance and Transition Zones. Letters would be sent out
to abutting property owners informing them of the March 4th Public Hearing on this
matter before the Planning and Zoning Commission, and April 8th Public Hearing
before the City Council.
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CITY OF CLERMONT
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PURCHASE OF COOLEY PROPERTY FOR CITY WELL
City Attorney Baird reported on the proposed purchase of Lots 5, 7, 9, 11, 13, and
the W Yz of 3 from Mrs. Cooley for a City Well. The purchase price for these Lots
would be $30,000 and the sale would include that portion of Magnolia Street that
was previously vacated by the City. He pointed out that the City Engineer believed
that this was the best property available for a well at this time. He also stated
that the purchase of this property would be contingent on the City receiving FHA
Financing and that the City would be responsible for moving the fence on this
property.
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Motion was made by Councilman Byrd, seconded by Cole and unanimously carried that
the City purchase this property based on the two conditions.
WASTEWATER PLANT
Mayor Smoak reported that he would meet with officials of the Department of Environ-
mental Regulation in Tallahassee on February 14th and 15th. Councilman Thomas re-
ported that he had strong reservations on the Marshland Disposal Method.
Mayor Smoak reported that we should provide a fair hearing on the merits of this
method. There will be a meeting on this Marshland Disposal Concept that all
interested persons can attend before the Lake County Polution Control Board on
April 14th.
EPA CONSTRUCTION GRANT AUDIT
The City has received a letter from the Environmental Protection Agency (EPA) re-
questing payment of $2,882 they believe that we owe them for the construction of
the Treatment Plant. When the Waste Treatment Plant was constructed, the percula-
tion ponds did not operate properly, and for this reason the City obtained $50,000
from the Engineer, Michael Stiggens, Inc. for future expenses that the City must
incur as a result of this work. However~ the EPA Auditors have maintained that the
monies recovered must be treated in the same manner as liquidated damages, and that
the City owes them their share. This will also insure the City's eligibility for
future Grant Projects.
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Motion was moved by Councilman Byrd, seconded by Cole and unanimously carried that
the City reluctantly reimburse EPA $2,882.
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Councilman Meginley introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA: AMENDING SECTION 25-10 OF ARTICLE I, CHAPTER 25, WATERWORKS
AND SEWERS, OF THE CODE OF ORDINANCES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVID-
ING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. The
Ordinance was read by Deputy City Clerk Meyer.
This Ordinance is to enforce the City Lawn Sprinkling moratorium that was implemented
last fall when the demand for water was exceeding supply.
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Councilman Byrd introduced AN ORDINANCE FOR THE CONTROL OF BACKFLOW AND CROSS CONNECTIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR
AN EFFECTIVE DATE.
Chapter 17-22 of the Florida Ordinances requires the City to establish a routine
Cross-connection Control Program to prevent the backflow of any non potable water
into the City's water distribution system.
City Manager Forbes explained the purpose of this Ordinance, and the backflow preven-
tion policy that is a preventive program to assist the City in identifying potential
backflow prevention problems. The City will be sending two employees to a special
school on backflow in order to effectively implement this program.
Mayor Smoak requested that the City Manager insure that the City personnel had com-
pleted their backflow training and that the City's own house (backflow problems)
were in order, before this Ordinance be considered for final adoption. There was
much discussion on the type of backflow problems.
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CITY OF CLERMONT
MINUTES
ORDINANCE NO. l26-M - ANNEXATION OF RICHARD R. SWANN PROPERTY.
This property is located just South of the Lakeview Hills ,Subdivision.
There was a great deal of discussion on the purpose of the request.
The possibility of Multiple Family Development on the property, and
abutting properties already zoned Multiple Family were discussed.
There was also much discussion regarding the owners statements that
he would rezone much of the abutting property from Multiple Family
to Single Family uses.
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Moved by Councilman Meginley, seconded by Council,man }~yrd and unani-
mously carried that the City Attorney research the records regarding
the owners intentions on rezoning the abutting properfiesbefore t'his
Ordinance is introduced.
ANNEXATION
Councilman Meginley stated that he believed the abutting properties
south 0 f the above proposed Annexation be made aware of this request
for a Voluntary Annexation. They might also be interested in being
annexed into the City Limits. After much discussion on the possi-
bility of Annexation, the Council directed City Manager Forbes to
further research the City's options on this matter.
IMPROVEMENT FEES AND FLOOD CONTROL
Mayor Smoak requested that the City Manger investigate the possibility
of the City charging sewer and water improvement fees on new construc-
tion to insure that the City's growth pays its own way. He also re-
quested the City Manager investigate the City's Flood Control reg-
ulations to insure that the fluctuating lake levels do not threaten
housing.
MARSH STUDY
Mayor Smoak requested that Councilman Thomas delineate for the record
why he is opposed to the Marshland concept.
Councilman Thomas
of the project as
not good enough.
and that he would
jections.
stated that he believed that Dr. Zoltec's judgement
having a 95% chance of working successfully were
He stated that clean water is not replaceable,
further inform the Council in writing of his ob-
There being no further business to be brought before the Council at this time,
the meeting was adjourned by Mayor Smoak at 9:30 p.m.
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CLAUDE E. SMOAK, JR. - AYOR
1tl~ r) r<1J"-fZ~
GEORGE i:- F~S, CITY MANAGER
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