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01-09-1979 Regular Meeting . . . . 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, January 9, 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: Acting City Manager and Finance Director Sanchez, City Attorney Baird, City Clerk Carroll, Public Works Director Smythe, and Chief of Police Tyndal. Others present were: Master Chris Honey, Mr. & Mrs. Jimmy Lee Jackson, and the Messrs. Czech, Sargent, Searles, Narehood, and Washuta. 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 December 26, 1978 and of the Special Meeting held December 27, 1978, were approved as written. VISITORS WITH BUSINESS Mr. and Mrs. Jimmy Lee Jackson appeared before Council to seek any possible assistance from the City in their quest to obtain a liquor license for their business known as "Dot's Cafe", located at 792 East Montrose Street. Mr. and Mrs. Jackson were advised of the initial procedure for obtaining such licenses, wherein application must be made to the State Beverage Department. Mr. Jackson inquired of Council as to more extensive policing of the vacant properties between his business location and Highway 27 regarding excessive trash and litter being deposited there which was not being generated from his business. Mr. Jackson was requested to meet with Acting City Manager Sanchez, in conjunction with Code Enforcement Official Nagel, regarding the matter. Mr. Phil Searles, executive secretary of the Chamber of Commerce, appeared before Council to advise that Chamber officials had been recently alerted to a disparity existing among the business community wherein some occupations were allowed in certain areas, but like occupations were denied in the same area, and in order to resolve such a situation, requested that Council look into how we allow businesses to be licensed to operate within the City in order to come up with a set regulation, a set zoning requirement, and a set Code of Ordinance requirement that would apply to one and all businesses equally the same. Mayor Smoak advised that recommendations had just been presented to Council from the Planning and Zoning Commission regarding redefined districts, downtown commercial zoning districts, and a highway commercial district, which would be considered by Council, but if the Chamber felt there were existing problems due to inconsistent application of rules and regulations to all businesses equally, and they could be specifically detailed, he requested that they communicate with the Acting City Manager for investigation and referral back to Council. DOT MAINTENANCE AGREEMENT AND RESOLUTION Acting City Manager Sanchez advised of a communication from DOT wherein they had re- evaluated previous traffic studies at the SR50/561 intersection and had concluded that full signalization is warranted, and requested that the City proceed with execution of the necessary maintenance agreement and resolution. Motion was made by Councilman Honey, seconded by Councilman Cole and carried that Resolution No. 321 authorizing the execution of the traffic signal agreement between the DOT and the City of Clermont be adopted, and its accompanying traffic signal maintenance agreement be accepted and executed by the proper City officials. ORDINANCE AMENDMENT Acting City Manager Sanchez advised of an op~n~on forwarded by the Building Official wherein he felt provision No. 3 in the recently adopted Ordinance 190-C providing for certain information to accompany petitions for Conditional Use Permits was an un- reasonable requirement and unduly expensive to those seeking conditional use permits, such provision being, "ARCHITECTURAL PLANS AND SPECIFICATIONS FOR ALL PROPOSED BUILDINGS, SIGNS EXTERIOR WALLS AND FENCES". Council concurred with this opinion, and inasmuch as the effective date of the Ordinance had not been reached, motion was made by Council- man Byrd. seconded by Councilman Cole and carried that Ordinance No. 190-C be amended to delete Provision No.3. and that it be adopted as amended. . . . . CITY OF CLERMONT .... MINUTES FUTURE MEETINGS Acting City Manager Sanchez reminded Council of the joint meeting of Minneola and Clermont Councils to be held in the Council Chambers on Monday, January 15th at 5:00 P.M. to discuss possible consolidation of services, and, of the quarterly Lake County League of Cities Meeting to be held in the Holiday Inn on Wednesday, January 17th beginning at 6:00 P.M. LEGAL PROCEEDINGS AUTHORIZATION City Attorney Baird reported that Bill's Auto Parts located at 1087 Minneola Avenue continued to be in violation of the City Code requiring that junk yards be fenced, and inasmuch as repeated negotiations had failed to produce compliance, he inquired of Council's desire to proceed with necessary legal procedures in order to resolve the matter. Motion was made by Councilman Honey, seconded by Councilman Cole and carried that City Attorney Baird be authorized to instigate the necessary legal procedure in the matter. City Attorney Baird reported on a request by Building Official Nagel that the necessary steps be taken to remove the fishing dock constructed on property leased from the City on Lake Winona by Mr. C. B. Jones because of its hazardous state of disrepair, and he inquired of Council's desire in pursuing the matter. Motion was made by Mayor Smoak, seconded by Councilman Honey and carried that City Attorney Baird be authorized to instigate the necessary legal procedures for removal of the dock. LAKE FRONT PROPERTIES City Attorney Baird advised of existing problems, and probable future like problems in the construction of docks and boat houses on the city owned lakefront property of Lake Minnehaha along Lake Shore Drive by property owners immediately adjacent across the street, and inasmuch as the existing street right-of-way cannot be accurately described without benefit of an extreme costly survey, he proposed that Council designate a required street right-of-way from the existing paved portion, and then negotiate Quit Claim Deeds between the City and adjacent owners for property on both sides of the street in an exchange, thereby adding to the ad valorem tax roll and relieving the City from possible encroachment on private property by the existing street. Inasmuch as certain parcels of this lake front property is privately owned, it was the suggestion of Mayor Smoak and Council was in agreement, that the matter of obtaining unanimous participation from all the property owners along Lake Shore Drive be investigated by City Attorney Baird for report back to Council before any further action is taken. FLORIDA MUNICIPAL SELF INSURORS FUND Mayor Smoak reported on his recent attendance in Tallahassee regarding the Florida Municipal Self Insurors Fund, and though he reiterated his opinion that Clermont not participate in the fund this fiscal year, he was happy to report that the fund had shown a profit in its first year of operation, which is must unusual in view of the soaring workman compensation costs, and he would recommend that Council seriously consider the matter in the future as projections show that the potential for Clermont's participation in the fund, based on past experience and estimating a current experience rating, would double the net return over a two year period. STATE SENATE WORKMANS COMPENSATION HEARING Mayor Smoak reported on his attendance of the Workmans Compensation hearing in the Senate, such matter being of great concern to municipalities, advising that Clermont's cost over the past eight years had increased from $3,000 to $22,000 with only half of that cost attributable to an increased payroll with the remaining increase attributable to rate increases, and inasmuch as a further rate increase of 10.4% had been requested, he urged that Council members keep in touch with the local legislators regarding the matter. . . . . CITY OF CLERMONT MINUTES COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, reported on his recent attendance at their meeting at which time the local insurance agent had been invited to apprise the board of coverage of the Library. It was reported that the City carries liability insurance in the amount of $55,000 on the building, and $34,000 on the contents, and inasmuch as the Board feels the content coverage to be too low, the agent was requested to investigate possible further coverage to be carried by the Library Board. EFFLUENT DISPOSAL STUDY Mayor Smoak advised that the City's effluent disposal study is drawing a considerable bit of interest on a state-wide basis; That representatives from the Department of Natural Resources had viewed the site on Friday; That he had spoken with representatives of DER while in Tallahassee, who were very much interested in the study, and; That he had spoken with Senator Fechtel and Representative Brantley, in conjunction with the City Attorney, to determine if a law change is necessary in the Upper Oklawaha Basin improve- ment regulations to allow disposal in wetlands under our conditions, and they both agreed to review the matter for report to the City Attorney. CITY HALL FURNISHINGS Inasmuch as firm bids had not been received for furnishings at City Hall it was the suggestion of Mayor Smoak and Council was in agreement, that an interior decorator be engaged to prepare set specifications and they be placed for public bid. PUBLIC WORKS CAPITAL OUTLAY Authorization was requested to purchase a 6' Mower and Ice Machine for the Public Works Department as submitted by low bid as follows: Bush Hog 6' Mower from Shelfer @ $1120.00 Whirlpool Ice Machine from F. W. Vaden @ 1121.00 Motion was made by Councilman Cole, seconded by Councilman Byrd and carried that the aforementioned low bids be accepted. ELECTION OF MAYOR PRO-TEM Motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that Councilman Byrd be elected to serve as Mayor Pro-Tem. BOARD AND COMMISSION APPOINTMENTS The following Board and Commission appointments were made by Council action by written ballot and attested to by the City Clerk: Planning and Zoning Commission: Two year terms Ruth Alice Ray Nick Jones Laura Cook Louise Relyea Rufus Sullivan Planning and Zoning Commission: One year term Alfred L. Wilcox Lake Apopka Natural Gas District: Two year term John Sargent . . CITY OF CLERMONT MINUTES BOARD AND COMMISSION APPOINTMENTS (cont.) Building Code Board of Appeals: Three year term Donald St. John Lawson Wolfe Robert Allison Nick Jones Liaison Representative to the Cooper Memorial Library Councilman George Schroedel Liaison Representative to the Chamber of Commerce Councilman Lester Cole Lake County Pollution Control Board Representative Councilman Carlisle Byrd Zoning Board of Adjustment City Council Housing Board of Appeals and Adjustments City Council . . There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:40 P.M. CLAt1~ayor C~it...,) L/ CtJL DOLORES W. CARROLL - City Clerk