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04-10-1979 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, April 10, 1979. The meeting was called to order at 7:30 P.M. by Mayor Pro-Tern
Byrd, with the following members present: Councilmen Schroedel, Cole, and Honey. 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. Bonnie Homan, Mr. &
Mrs. W. B. Perry, and the Messrs. Law, Czech, Sargent, Weaver, Wood, Turner, Douglass,
Sheppard, Jones, Judy, and Searles.
The invocation was offered by Mayor Pro-Tern Byrd, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held March 27, 1979 were approved as written.
Mayor Smoak arrived at this time and assumed the Chair.
PUBLIC HEARING
City Attorney Baird advised of a Request for Classification of Use by Mr. Dan H. Judy
in order to utilize Lots 7, 8, and 9 in City Block 75, A C-2 General Commercial District,
for construction of a mini-warehouse; That inasmuch as such use is not specifically
designated in the C-2 zoning area, a determination must be made as to whether or not
such use would be more detrimental or obnoxious to the district than any of those uses
which are specified and permitted. Mr. Judy appeared before Council in support of his
request, and advised that the proposed mini-warehouse units were to be of a size to
accomodate residential type storage as opposed to larger manufacturing type warehouses
that are only permitted in Industrial zones; That all storage would be completely
enclosed; and, That he did not feel such facilities would be detrimental to existing
facilities in that location. Dr. Thomas Weaver appeared before Council in opposition
to the request, opining that guidelines should be established as to what would be allowed
to be warehoused in such locations prior to action on such requests, expressing concern
as to the storage of flammables, etc. Ms. Bonnie Homan, Librarian, expressed concern
as to such proposed facility being conducive to the cultural area of the City immediately
adjacent across the street. Motion was made by Mayor Smoak that the matter be tabled
until the next regular meeting, and that City Manager Forbes, in conjunction with Mr.
Judy, prepare a preliminary set of conditions for Council consideration at that time to
include provisions for ingress and egress, general size of the proposed structure and
its proposed location on the property, the type of construction materials, proposed
landscaping, provision for drainage retention, and a preliminary set of ground rules
and regulations that would be required of customers utilizing the facilities. The
motion was seconded by Councilman Byrd and unanimously carried.
FIRST CHRISTIAN CHURCH CUP CONDITION
City Manager Forbes advised of a violation to the CUP as granted for construction of
the First Christian Church building, in that the required on-site water retention
facility which had been constructed and approved had recently been removed. He further
opined that the condition for on-site retention of rainfall to accomodate a 5-year
interval was of vital necessity in that particular area due to the direction of the
run-off westward to the intersection of Hook Street and Lake Shore Drive, a drainage
problem run-off area of the City. Mr. Wayne Sheppard, Board Chairman of the Church,
appeared before Council to advise that the loose stone wall had been removed to
alleviate difficult lawn maintenance, and they were not aware that it was a required
permanent water retention structure. Mr. Sheppard further advised that the grass and
sod in the area was well stabilized now, and inquired if that would suffice. It was
the suggestion of Mayor Smoak, and Council was in agreement, that City Manager Forbes
be requested to investigate the matter further, in cooperation with Mr. Ted Wicks,
Director of Lake County Pollution Control, concerning the necessity for having a
maintenance retention wall located on the site, and report back to Council at the next
regular meeting.
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CITY OF CLERMONT
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WATER USAGE
City Manager Forbes advised of excessive water usage this date during the peak evening
hours resulting in a depletion of the Grand Highway Well storage tank and subsequent
low pressure; That inasmuch as this Well serves the City from East Avenue eastward,
and the problem should continue, a conservation schedule for irrigating would become
necessary.
SOUTH LAKE ART LEAGUE
City Manager Forbes advised of notice from the South Lake Art League wherein they will
be removing their furniture from the Jenkins Auditorium for loan to the Chamber of
Commerce.
STORM DRAINAGE
City Manager Forbes advised of storm sewer work underway, and the near completion of an
outlet installation underneath Grand Highway just east of East Avenue, which should
alleviate drainage problems now existing in that area.
ACTING CITY MANAGER
Mayor Smoak expressed the sincere appreciation of Council to Tom Sanchez for the
commendable job performed by him as interim City Manager, and thereupon moved that a
stipend in the amount of $500 be awarded to him for those extra services. The motion
was seconded by Councilman Schroedel and unanimously carried.
GREEN SWAMP
Mayor Smoak reported on his attendance of a meeting in Tallahassee on March 27th at
which time he presented a request to the Natural Resources Committee of the House of
Representatives to eliminate and constrict the boundaries of the designated area of
critical state concern, commonly known as The Green Swamp, from Highway 561 on the west
along Oswalt and Lake Louise Roads to Highway 27 on the east; That the request was
rejected by a vote of 10-9, but with the help of Representative Kelly from Tavares, they
had been successful in an amendment being passed in the House which mandates the Governor
to appoint a study committee that shall directly address themselves to the boundaries
of Green Swamp, and the membership to include elected officials from the areas involved.
He further advised the Senate will hear the legislation in committee on April 12th, at
which time he will present the request to them.
COMPREHENSIVE STUDY OF UPPER OKLAWAHA BASIN WATER SHED
Mayor Smoak announded there would be an inter-agency study group meeting on Thursday,
April 26th at 1:00 P.M. in the Council Chambers to consider the waters of Green Swamp
as to quality, quantity, direction of flow, biological aspects, soils, and land uses.
SEWAGE TREATMENT OPERATING PERMIT
Mayor Smoak advised that he would be meeting with Mr. Bill Bostwick, Director of the
Department of Environmental Regulations, in Orlando on Tuesday, April 17th to discuss
a compliance schedule to obtain a temporary operating permit for the City's sanitary
sewage system, and he strongly urged that other members of Council attempt to attend
also.
EFFLUENT DISPOSAL
Mayor Smoak advised of a suggestion by City Engineer Springstead and Pollution Control
Board Director Wicks, in further support of obtaining a temporary operating permit, of
moving the input from the sewage treatment plant to a point farthest away from the
discharge point. Mayor Smoak further advised of a recent meeting with Engineer
Springstead and Dr. John Zoltek regarding preparations necessary for utilizing marshland
for effluent disposal following conclusion of the marshland study and its acceptance.
He thereupon moved that City Manager Forbes be authorized to engage Springstead & Assoc.
Inc. to prepare preliminary plans for moving the input flow from the sewage treatment
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CITY OF CLERMONT
MINUTES
plant to the NW portion of the percolation ponds; That he be authorized to investigate a
suitable land site for effluent disposal into the marsh, and to prepare preliminary plans
for such disposal; and, That City Manager Forbes be instructed to begin research on
preliminary funding methods for construction of the facility. The motion was seconded
by Councilman Honey and unanimously carried.
SIDEWALK CONSTRUCTION
It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager
Forbes be requested to obtain cost estimates for replacing the existing thin asphaltic
sidewalk in the vicinity of the recreational facilities at the Elementary School, which
is in a bad state of disrepair, with a more permanent one of cement.
CARROLL STREET BLOCKADE
Councilman Honey advised of complaints received from adjacent property owners to the
recreational facilities at the Elementary School to the location of the barricades on
Carroll Street which required them to remove the barricades to gain entrance to their
homes. City Manager Forbes advised he would take care of the matter, and have signs
placed on the barricades designating "DO NOT ENTER-CARROLL STREET RESIDENTS ONLY" which
would enable residents to drive through and restrict all others during the hours of
play at the softball field.
TENNIS COURTS
Mayor Smoak advised of deterioration to the tennis court surfaces resulting from non-
tennis participants playing on the courts with hard soled shoes, and requested that
City Manager Forbes have the appropriate signs installed to restrict the courts to
"Tennis Players Only" and "No Hard Soled Shoes".
ELEMENTARY SCHOOL SOFTBALL FIELD
City Manager Forbes was requested to investigate the possibility of removing the lock
barrier to the gate closest to the bleachers at the softball field after the signs have
been installed on the barricades in that area.
RECREATIONAL FACILITIES
Councilman Honey advised of complaints received regarding the majority use of the 12th
Street softball facilities on week-ends by out-of-city residents, and inquired if any-
thing further had been done regarding charges or restrictions for out-of-city users.
Mayor Smoak advised of his desire that this be a priority project of City Manager Forbes,
in conjunction with the Recreational Committee to be appointed in the near future, and
he requested that City Manager Forbes instigate a preliminary research to determine what
recreational facilities are available within the city, who uses those facilities, and
who maintains those facilities. Mayor Smoak further advised of his request for a legal
opinion from City Attorney Baird regarding restrictions for Jaycee Beach, and he would
be calling a work session of Council in the very near future regarding a return of the
majority use of Jaycee Beach to city residents.
MINNEHAHA LAKEFRONT PROPERTIES
Councilman Schroedel inquired of the status of the beach front properties along Lake
Shore Drive, and if there would be an increase of taxes when the quit claim deeds are
executed by the city. City Attorney Baird advised of his understanding from the Lake
County Tax Appraiser that the beach front properties in question, and the construction
existing on these properties, were already included in the adjacent property owners
appraisals, and, that he hoped to have the Street Closing Ordinance prepared for
consideration by Council at the meeting to be held on May 8th, with the subsequent
quit claim deeds to be issued after the necessary ordinance has been adopted.
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CITY OF CLERMONT
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ANIMAL NUISANCE
Councilman Schroedel advised of repeated complaints regarding the nuisance of barking
dogs throughout the night, and inquired if something could be done regarding the matter.
This matter was referred to City Manager Forbes for investigation and recommendation.
JENKINS AUDITORIUM
Councilman Schroedel advised of complaints received from members of the Meals-on-
Wheels program regarding the deplorable condition they find in the Jenkins Auditorium
when they arrive for preparation of meals, and the observation of the lights having
been left on all night long. The matter was referred to City Manager Forbes.
WATER METER INVESTIGATION
Councilman Cole advised of a request received to have the water meter at 1128 Minneola
Lake Drive checked for possible malfunction due to billings rendered for what the property
owners felt were in excess of actual water used. The matter was referred to City Manager
Forbes.
ADDITIONAL RECREATIONAL FACILITIES
Councilman Cole advised of meeting with Principal Cockcroft regarding possible use of
school property on which to construct needed additional recreational facilities in the
Lincoln Park area, and he had been favorable to such a project. City Manager Forbes
advised that he had inspected the property, and opined that it would be ideal for a
new baseball complex. and the addition of tennis or basketball facilities next to the
existing single basketball court. Motion was made by Councilman Byrd, seconded by
Councilman Honey and carried that City Manager Forbes pursue the matter with obtaining
of cost estimates for consideration by Council. Mayor Smoak advised if the cost figures
were acceptable by Council, he would then seek the necessary permission for use of the
property from the School Board.
BOAT DOCK ON LAKE WINONA
City Manager Forbes advised of a request by Mr. Terry Brent to assume the lease on the
city owned lakefront property immediately adjacent across the street from 625 Lake Shore
Drive as he is purchasing the property of Charles B. Jones, the existing Lessee. Mr.
John Katron, Realtor, appeared before Council in behalf of Mr. Brent, and advised that
he would take the necessary steps immediately upon the sale closing to improve the
existing dock on the property that is presently in a state of dangerous disrepair, and
inquired of obtaining written specifications as to what is necessary for improvements
to be made to conform to city requirements. City Manager Forbes advised that he would
forward the necessary specifications as were previously discussed orally with Mr. Brent
in a meeting of himself and Building Official Nagel. Motion was made by Councilman
Honey, s~~on4ed J~Y CO'l!:J:1_~ilma~._i'-<;h:roe~el and unanimously carried that a new Lease be
prepared bet~ee~_th~___G.t~.:l}!(.tJfr.l?_I~I!!:nfo:r'_ the PIoperty; Th?t the requirements be
:i.dent_tcal_wit_~.!.h~_J~_a1:;e_ .Cl..El g:r:anted to Mr. Jones and with the following additions:
That a performance bond in the amount of $1,000 be posted with
the City; That a time limit of 90 days be set for construction
improvement of the existing dock, meeting all the criteria as
to be outlined in the communication forthcoming from the City
Manager; and, That in lieu of the necessary construction being
accomplished in the set time frame, the bond would be forfeited
and the monies used for removal of the dock from the property.
GREENS CAPE PLAN
City Manager Forbes advised of a recent meeting of the COMMUNITY APPEARANCE STANDARDS
COMMITTEE at which time they recommended that the Clermont Greenscape Guide as prepared
by them be formally approved by Council as an official city landscaping guide in order
that reproductions might be made available to service clubs and citizens who desire to
pursue beautification of the community on a voluntary basis. Motion was made by Mayor
Smoak, seconded by Councilman Honey and unanimously carried that the recommendation be
accepted and the Guide so approved.
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CITY OF CLERMONT
MINUTES
STATE ROAD 50 LANDSCAPING
It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager
Forbes be requested to instigate the necessary preliminaries prior to budget preparation
time for the landscaping along State Road 50 through the City, such as the availability
of trees for proposed planting, input from businesses along the highway, and necessity
of permit and/or approval of DOT to make such plantings.
ORDINANCES
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, FLORIDA; ADOPTING THE STATE OF FLORIDA MODEL ENERGY EFFICIENCY BUILDING CODE,
and the Ordinance was read for a first reading by City Clerk Carroll, by title only.
EXCUSED ABSENCE
Pursuant to Section 11 of Article II of the City Charter, Councilman Schroedel requested
permission from Council to be excused from Regular Council meetings to be held between
April 19th and June 11th in order to utilize a vacation out of country. Motion was
made by Councilman Byrd, seconded by Mayor Smoak and carried that the request be granted.
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.
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$MOAK, JR., -. ayor
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DOLORES W. CARROLL - City Clerk