07-24-1973 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, July 24, 1973. The meeting was called to order at
7:30 P. M. by Mayor Don E. Smith with the following members present: Councilmen
Smoak, Beals, Byrd and Schroedel. Other officials present were: City Clerk
Carroll, City Attorney Vason, City Manager Hopkins, Director of Community
Services Smythe and Chief of Police Tyndal. Others present were: Mrs. Beth
Cashwell, Master Frank Beals and the Messrs. Marker, Narehood, Harder, Wolfe,
Hovis, Loomis, Czech. Representatives of the Daily Commercial and the Orlando
Sentinel-Star were also present.
The Invocation was given by Councilman Beals, followed by repeating of the Pledge
pf Allegiance in unison by those present.
Councilman Smoak submitted an addition to the Minutes of the meeting held on
July 10, 1973 as follows: "Mr. McCabe, speaking for the Lake County School Board,
following inquiry of Councilman Smoak as to whether or not the existing sewage
treatment plant facilities located at Clermont High School could be utilized by
the City when installation of a lift station is made at that location, advised
that this would be permissible." The Minutes were then approved as amended.
Mayor Smith announced the next order of business to be a Public Hearing to consider
request of Alvin Marker for the closing of Strickling Street, from Highway # 50
south to Lot 341 of Clermont Heights Subdivision. There was no one present who
voiced objection from the floor to this request. FOllowing considerable discussion
by Council regarding this request, it was consensus that it would not be in the
best interest to close Strickling Street along the existing dedicated right-o-way
of Hi 11 Street, as would be necessary if granted as requested. t4r. Marker advi sed
that this portion would not be necessary in order to have access to the rear of
his proposed building construction, whereupon motion was made by Councilman Byrd,
seconded by Councilman Schroedel that the City Attorney be instructed to prepare
the necessary Ordinance for the closing of Strickling Street, South from Highway
# 50 to the northern right~~-wah line of Hill Street, reserving a permanent utility
easement to be ten feet in widt ,on either side of the center line of Strickling
Street. Upon roll call vote on passage of the motion, the result was: Ayes:
Schroedel, Byrd, Beals, Smith and Smoak. Total Ayes: Five. Nayes: None.
Mayor Smith announced the next order of business to be that of Council, sitting as
a Board of Adjustment, to consider request of Mr. and Mrs. Bud Meadows for a variance
to Section 26-25 (E) (3) of the Zoning Ordinance (BUffer Zone Requirements) wherein
they would be allowed to erect a six foot high woven redwood fence as a buffer
instead of required plantings, this to be located on their property known as Sunnyside
Plaza-Phase 2. Mr. John Harder, representing Mr. and Mrs. Meadows appeared before
Council in support of this request. There was no one present who voiced objection
from the floor to this request, whereupon motion was made by Councilman Smoak,
seconded by Councilman Schroedel and carried that the request be granted.
City Manager Hopkins reported as follows: That there was still an excess of 100
delinquent sewer assessment accounts that foreclosure proceedings would be
instigated against if at least partial payment has not been made by August 1st.;
That Mr. Brady Mitchel had been employed as Utilities Director to replace
Thomas Asbury who recently resigned; That he had completed a preliminary proposed
budget for fiscal year 73-74 and requested a workshop session of Council to consider
same; and that he had received a request from Mrs. Jo Cunningham Realtor, to
refund total sewer assessment as paid on Lots 67 and 68 in Shady Nook Subdivision
as this property had now been sold and to allow the new owner to make partial
payments as required. It was the opinion of City Attorney Vason that this was a
contractual problem between buyer and seller and the city should not enter into
it, whereupon motion was made by Councilman Smoak, seconded by Councilman Schroedel
and carried that the request be denied.
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With regards to a work session to consider the proposed budget, Mayor Smith called
a workshop session of Council for Tuesday, July 31st in the office of the City
Manager at 7:30 P. M.
City Attorney Vason reported he had been advised he would be furnished with the
appraisal of the Peter H. Johnson property by August 1st.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY
ABANDONING PORTIONS OF DREW AVENUE LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY
OF CLERMONT, ACCORDING TO THE MAP OF THE TOWNSITE OF CLERMONT, FILED IN PLAT BOOK
3, PAGE 5, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE:
AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel.
The ORDINANCE was read for a second and final reading, by title only, by City
Attorney Vason and upon roll call vote on passage of the Ordinance, the result
was: Ayes: Smoak, Smith, Beals, Byrd and Schroedel. Total Ayes: Five. Nayes:
None. So the ORDINANCE was adopted, the Number 55-M assigned to it and a copy
ordered posted.
With regards to improvements of State Road #561 in the Jaycee Beach area, as
had been requested of the DOT by a former Council, plans of the proposed improvements
along with necessary Resolutions, Quit-Claim deeds and temporary construction
easements as required by the DOT were presented to Council. Councilman Beals
offered and moved the adoption of a Resolution granting a temporary construction
easement to the DOT on a "Strip of land North of Blocks 6 and 10, lying between
the railroad and Lake Minneola in Sunset Heights Subdivision, such parcel containing
1,476 square feet exclusive of area in the existing right-o-way, and the motion
was seconded by Councilman Byrd and carried. The Resolution was read in full by
City Attorney Vason. Following further study and consideration of the improvement
plans as proposed, it was consensus of Council that it would not be in the best
interest to have the right-o-way widened and relocated closer to the existing
recreation facilities at the beach, whereupon motion was made by Councilman Smoak
and seconded by Councilman Byrd that the Resolution just passed granting a temporary
con~tru~10n easement, be rescinded. Upon roll call vote on passage of the motion,
the result was: Ayes: Schroedel, Byrd, Smith and Smoak. Total Ayes: Four. Nayes:
Beals. The motion carried. Motion was made by Councilman Smoak, seconded by
Councilman Beals and carried that City Manager Hopkins advise the DOT of this'action
and advise that Council felt it would not be in the best interest of the community
to roceed with such im rovements to that ortion of SR #.561 inasmuch as such relocation
wou re uce t e sa ety actor due to lncreased use of the beach facl itles and
traffic flow in that area.
With regards whether or not additional appointments were to be made to the P&Z
Commission, Mr. Henry Czech commented to Council regarding the recent article appearing
in the Sentinel-Star pertaining to the various ordinances which have been adopted
by Council that are conducive to an orderly and regulated growth of this area, and,
that such Ordinances were fully and completely studied, considered and recommendations
made by a conscientious P & Z Commission consisting of eleven members, and still
further that he hoped Council would see fit to have a nine member commission now
that the Charter change provides for a minimum of seven memb ers and no more than
none. Mr. Francis Loomis advised Council verbally of his resignation from the P & Z
Board as of this date and the City Clerk that he would execute the necessary
resignation at City Hall on Wednesday morning. Expressions of Thanks and Appreciation
were extended to Mr. Loomis by Council for his time and effort expended while serving
on the Commission. There were no appointments made by Council at this time.
The meeting was adjourned by Mayor Smith.
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Don E. Smith, Mayor
bOa-wLt~~M~.
Dolores W. Carroll, ty Clerk