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06-26-1979 Regular Meeting e . . e 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, June 26, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Honey, Byrd, Schroedel, and Cole. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, and Chief of Police Tyndal. Others present were: Ms. Mary Pickard, Mesdames Blake and Rathwick, Mr. & Mrs. David Lofgren, and the Messrs. Czech, Searles, Horton, Kirkland, Sullivan, Sargent, and Post. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on June 12, 1979 were approved as written. STREET CLOSING: WOODLAND AVENUE & UNNAMED STREET AROUND SHADY NOOK LAKE City Manager Forbes advised of a petition by officials of Guage, Inc. for the closing and permanently abandoning of a portion of Woodland Avenue and a portion of an unnamed street that abutts the south end of Shady Nook Lake. Mr. Dennis Horton, Attorney for the petitioner, appeared before Council to advise the request was based on their desire to improve the beach area for their condominium complex which abutts the lake, and to provide unencumbered access to the lake from their property. Mr. Horton further advised of one existing condominium unit on the property, and plans for construction of two additional ones; That the right-of-way involved on the south end of the lake is a strip approximately 40' in width which abutts only the property owned by Guage, Inc., and the portion of Woodland Avenue is an approximate 146' x 30' strip that abutts the property of Guage, Inc. and that of Mr. & Mrs. David Lofgren. Inquiry was made from the Chair as to anyone present who desired to address the matter, at which time Mr. & Mrs. Lofgren voiced opposition to the request, advising that the portion of Woodland Avenue involved that abutts their property had been voluntarily improved by them and planted with trees and grass to prevent erosion which they desired be left as exists, and that the right-of-way on the south end of the lake has been traditionally used by the children in the neighborhood as access to the lake for swimming and fishing, which they would hate to see be eliminated inasmuch as additional recreational/parks areas are presently needed in the City. It was the consensus of Councilmen Byrd, Schroedel, Honey, and Cole that closing of the streets would be serving private interest more than public interest as it would only benefit the citizens of the complex, and motion was thereupon made by Councilman Schroedel, seconded by Councilman Cole and carried that the request be denied. Based on City Attorney Baird's opinion that the dedicated right-of-ways could never be utilized for improvement by the City for anything other than a street, and his personal opinion that the property would not be needed for a street, Mayor Smoak voted in the negative on passage of the motion. LAWN SPRINKLING PLAN City Manager Forbes advised of a lawn sprinkling plan created due to water shortages caused by excessive lawn sprinkling during the recent dry period; That it is a plan based on voluntary citizen compliance according to calendar days and addresses; and, That since publication of the plan, the problem had been reduced. BROOME STREET IMPROVEMENT City Manager Forbes advised that the necessary Resolution for authorizing the construction of Broome Street between 4th and 5th Streets had been prepared by the City Attorney, but due to state requirement that the plans and specifications must be on file for review prior to adoption of the Resolution, it would be temporarily postponed pending completion by the City Engineer of the plans and specifications. PIANO City Manager Forbes advised of the donation of a piano for use at the Highlander Hut by Mrs. Charles E. Konsler and her request that it be returned to her at such time as the City has no further use for it. Motion was made by Mayor Smoak, seconded by Councilman Byrd and unanimously carried that the donation be graciously accepted as per Mrs. Konsler's request, and Council's appreciation be forwarded to her. e . . e CITY OF CLERMONT MINUTES PLANNING AND ZONING City Manager Forbes advised that the P&Z Commission in conjunction with County Planners are working on a plan to establish an Area of Influence on properties outside the city limits as part of the Comprehensive Planning process which will be submitted to Council at a later date. LIFEGUARDS City Manager Forbes advised the City had been unsuccessful todate in employing qualified lifeguards for the Jaycee Beach, but would continue the public advertisements in search for them. GASOLINE SHORTAGE City Manager Forbes advised that due to the increasing gasoline shortage a priority plan for all city vehicles has been created with the vehicles being classified as to emergency, critical, and necessary status. MARSHLAND STUDY Mayor Smoak reported on a meeting this date with the investigators of the effluent disposal project to review a preliminary report of the study, and that an executive summary of the results of the marshland study would be presented on July 15th. GREEN SWAMP Mayor Smoak reported on a meeting this date with a representative from the Department of State Planning concerning the constriction of the designated area of critical state concern, and that he is of the impression that a considerable portion of the area requested to be deleted from the designated area will be recommended to Governor Graham and the Cabinet for deletion. WATER QUALITY STUDY Mayor Smoak advised that he would meet with officials of the St. Johns Water Management Area on June 27th to present a comprehensive water study proposal, requesting their approval of the study in concept, and their participation in the specific area requesting funding. It was the opinion of Mayor Smoak that with full cooperation and participation of the various regulatory agencies, a basic master water management plan could be developed to assure local water supplies for our lake system and potable water. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, reported on his recent attendance at their regular meeting at which time they were advised they were the recepients of a 9' section of book shelving as a memorial to the late Mrs. Mildred Middleton; and That a very nice landscaping plan for the Library grounds had been developed in conjunction with the Garden Club, which they hoped to implement in the very near future. ABANDONED BLOXAM AVENUE WELL City Manager Forbes advised that investigations made by the City Engineer in the course of study for a Master Water Plan of the City, had revealed a gap in the records of the now abandoned "Bloxam Avenue" well site which was constructed in 1965 and actually placed on line for a short period of time, but which was later abandoned and the equip- ment moved to the Grand Highway well site; That in view of reasons now unclear as to the abandonment of the well, it was the recommendation of City Engineer Springstead that a water well consultant be engaged to inspect the site and determine the feasibility of its operation. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the Engineer's recommendation be accepted and the City Manager be authorized to pursue the matter in conjunction with City Engineer Springstead. e . . e CITY OF CLERMONT MINUTES GENERAL LANDSCAPE PLAN It was the suggestion of Mayor Smoak, and there was no objection from Council, that the City's General Landscape Plan be referred to the P&Z Sub-Committee on Landscaping for further review with particular emphasis in addressing the Central Business District which is not presently included inasmuch as there are several parcels in the district which have not been improved and several which do not utilize 100% lot coverage. RESOLUTIONS/ORDINANCES Councilman Honey offered and moved the adoption of A RESOLUTION OF THE CITY OF CLERMONT, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW USE OF EXISTING BUILDINGS AS A CABINET SHOP AND GENERAL MILLWORK OPERATION, and the motion was seconded by Councilman Byrd. Inasmuch as the proposed operation will not utilize the total lot coverage, and inasmuch as the General Landscape Plan does not address itself to the General Business District, motion was made by Mayor Smoak that the Resolution be amended to include the following conditions as suggested by him at the meeting held on June 12th: 1. Specific plan of action as far as addressing the appearance of the building; and, 2. Specific plan for landscaping the open area. The motion was seconded by Councilman Honey and carried with Councilman Byrd voting in the negative on passage of the motion, opining he felt it to be redundant to add additional conditions than were recommended by the P&Z Commission. The Resolution was thereupon adopted as amended, and the Number 331 assigned to it. An amendment to the City's Pension Ordinance, as prepared by the City Staff in conjunction with the City Attorney and the City's acturial consultant, was submitted for Council's consideration. The proposed revisions were as follows: 1. To provide volunteer firemen with a pension plan; 2. To guarantee early eligibility retirement for Fire Chief/Public Works Director Smythe as the State no longer allows his classification as a fireman due to his primary duties as a general employee; 3. To codify the past practice of using recent wages as a base rather than career average as presently stated in the code; 4. To conform with federal law prohibiting forced retirement prior to age 70; and, 5. To incorporate the practice of allowing the City Manager to participate in a deferred compensation program in lieu of the regular pension plan. It was the opinion of Mayor Smoak that proposed Revision No. 5 should be left to the discretion of Council as an incentive to offer potential candidates for the position of City Manager, and he thereupon moved that the proposed ordinance be amended to delete that portion. The motion was seconded by Councilman Honey and carried. Councilman Byrd voted in the negative on passage of the motion. Councilman Honey thereupon introduced AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING ORDINANCE NO. 195, AS AMENDED, WHICH WAS INCORPORATED AS SECTION 16, ARTICLE I, OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AS AMENDED; REVISING THE DEFINITION OF EMPLOYEE AND PROVIDING FOR A DEFINITION OF POLICEMAN AND FIREMAN, PROVIDING FOR THE COVERAGE AND THE DEFINITION OF VOLUNTEER FIREMEN UNDER THE PLAN, REVISING THE FORMULAS FOR COMPUTING RETIREMENT BENEFITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. COUNTY COURTHOUSE ANNEX Mr. Dennis Horton appeared before Council to solicit their support in requesting the Lake County Commission to conduct a feasibility study regarding the estabilshment of a courthouse annex in South Lake County. It was suggested that the growth in South Lake e e. . e CITY OF CLERMONT MINUTES County is rapidly outpacing that of the rest of the County creating a greater need for County services, and that, coupled with;the increasing cost of gasoline and the fuel shortages would justify such an annex. Motion was made by Mayor Smoak, seconded by Councilman Byrd and unanimously carried that the County Commission be requested to fund a feasibility study for establishing County facilities in South Lake County. 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. CLAtf '~Yor JDJlt~lI~~ 1/ (~AA~l/ DOLORES W. CARROLL - City Clerk