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10-09-1973 Regular Meeting . e e . MINUTES Nt} 973 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 9, 1973. The meeting was called to order at 7:30 P.M. by Mayor Pro-Tem Charles B. Beals with the following members present: Councilmen Smoak, Byrd, and Schroede1. Other officials present were: City Manager Hopkins, City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe, and Chief of Police Tyndal. Others present were: MesdamEB,Joan Modica, Toni Bell, Helen Teal; Mr. and Mrs. John U. Au11; Messrs. Williams, Lord, Lai1, Allbright, Brotherson, Church, Hovis, Czech, Seaver, Parker, Loomis, Day, and Mrs. Greatrex, Clermont High School teacher of World History, and several m~mbers of her class. Representatives of the Sentinel/Star, the local Press, and the Daily Commercial were also present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on September 25, 1973 were approved as written. Mayor Beals announced the first order of business to be a Board of Adjustment Public Hearing to consider request of Mr. Jack Lai1 for a variance to Section 26-23 (E) (2) of the Zoning Ordinance (R3 Residential Professional District-Setbacks) in order to construct a sun deck (car port roof), with the overhang extending to the property line, on his property described as Lot 1 and E 16' of lot 2 in Block 52 of Crest View Subdivision. There was no one present who voiced objection to the request, however, it was reported to Council that Mr. Coman Post, ~n immediate abutting property owner, had expressed some reservation about the granting of.such a variance. It was consensus of CCounci1 that it would not be in the best interest to allow variances for construction up to prop- erty lines, whereupon motion was made by Councilman Schroede1, seconded by Councilman Byrd and carried that the request be denied. Mayor Beals announced the next order of business to be a Board of Adjustment Public Hearing to consider request of Mr. and Mrs. John U. Au11 for a variance to Section 26-23 (C) (3) of the Zoning Ordinance (Lot area per family) in order to construct duplexes on property owned by him and described as Lots 1, 2, 3, 4, 6, and 7 in Block 4 of Sunnyside Unit Subdivision. There was no one present who voiced objection to this request. It was consensus of Council that inasmuch as Mr. Au11 proposed to create lots which would meet the requirements for duplexes from lots which had been platted prior to existing zoning requirements, that it should be allowed, whereupon motion was made by Councilman Schroede1, seconded by Councilman Smoak and unanimously carried that the variance be granted. Mayor Parker of Minneo1a was present to inquire if Council intended to submit the question to be considered by straw vote only, regarding possible merger of the Town of Minneo1a and the City of Clermont on the ballot of the General Election to be held on December 4th. Motion was made by Councilman Smoak that the ballot for the General Election to be held on December 4th contain the straw vote question to the effect that "would the people of Clermont be interested in contacting the officials of Minneo1a toward the end of a possible merger of the two communities?" The motion was seconded by Councilman Byrd and unanimously carried. Mrs. Helen Teal appeared before Council and requested use of the Jenkins Auditorium for a teenage dance to be held on Saturday, October 13th from 8:30 P.M. to 12 midnight. Motion was made by Councilman Smoak, seconded by Councilman Schroede1 and carried that this request be granted provided that all rules and regulations as pertains to dances held in the Audit~rium are met. . e e . MINUTES Nt} 974 City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards the request of The Florida Multihull Association to utilize the Jaycee Beach area for overnight camping for fifteen families in order to police their fleet of sail boats prior to the sailing regatta to be held on November 3rd and 4th, motion was made by Councilman Schroedel, seconded by Councilman Smoak and carried, that this request be granted; With regards additional information having been received on the mateup and use of porous pavements for runoff control to the effect that it is presently being tried on an experimental basis and not available as yet on an economically competitive basis, it was consensus of Council that Ordinance No. 98-C "Defining Off-Street Parking" be resubmitted for introduction on October 23rd; With regards the use of the Highlander Hut for dances following football games, motion was made by Councilman Smoak, seconded by Councilman Byrd and carried that a workable formula and/or policy to be followed for such use, be prepared and implemented by City Manager Hopkins~ With regards the necessity for a discussion regarding the effluent disposal problem prior to a meeting with the DPC Board in Orlando, Mayor Beals called a workshop session of Council to be held on Thursday, October 11th at 7:30 P.M. in the Council Chambers. Motion was made bY';tCouncilman Smoak, seconded by Councilman Byrd and carried that the bills be paid. Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REDUCING THE WIDTH OF HIGHLAND AVENUE FROM 80 FEET TO 60 FEET FROM THE EASTERN RIGHT-OF-WAY LINE OF EAST AVENUE TO THE CENTER LINE OF GRAND HIGHWAY, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: CLOSING AND PERMANENTLY ABANDONING SAID PORTION OF HIGHLAND AVENUE: PROVIDING FOR THE DISPOSITION OF SAID ABANDONED PORTION OF HIGHLAND AVENUE: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Smoak. 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 motion, the result was: Ayes: Schroedel, Byrd, Smoak, and Beals. Total Ayes: Four. Nayes: None. So the ORDINANCE was adopted, the number 59-M assigned to it and a copy ordered posted. Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA INCREASING THE BOND FOR CONTRACTORS FROM ONE THOUSAND DOLLARS ($1,000) TO FIVE THOUSAND DOLLARS ($5,000): RQw'ING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Byrd. The ORDINANCE was read for a second and final reading by title only, by City Attorney Vason and upon roll cal1-1IOte on passage of the motion, the result was: Ayes: Smoak, Byrd, Schroedel, and Beals. Total Ayes: Four. Nayes: None. So the ORDINANCE was adopted, the number 99-C assigned to it and a copy ordered iiosted. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING LINDEN STREET FROM THE EASTERLY RIGHT-OF-WAY LINE OF WEST AVENUE TO THE WESTERLY LINE OF THAT CERTAIN VACATED RIGHT-OF-WAY WHICH SKIRTS THE NORTHERLY SIDE OF LAKE WINONA, ACCORDING TO THE OFFICIAL MA'P OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: RESERVING UNTO THE CITY OF CLERMONT A UTILITY EASEMENT: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was readyby title only by City Attorney Vason for a first reading. Councilman Byrd presented and moved the adoption of A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR CITY MANAGER ROBERT M. HOPKINS as made available by the International City Management Association Retirement Corporation and the motion was seconded by Councilman Smoak and unanimously carried. The RESOLUTION was read by City Attorney Vason, by title only, the Number 226 assigned to it and a copy ordered posted. . e e . MINUTES Nt} 975 Councilman Schroede1 submitted a brief report on his recent attendance of the Cooper Memorial Library Board meeting. City Clerk Carroll read a letter from Don E. Smith wherein he submitted his re~ignation as Mayor/Councilman of the City of Clermont effective October 1, 1973. Motion was made by Councilman Byrd, seconded by Councilman Schroede1 and carried, with Mayor Beals voting Naye, that the resignation of Mr. Smith be accepted and the Clerk be instructed to extend thanks and appreciation for his years of loyal and dedicated service while serving as Mayor/Councilman of the City of Clermont. With regards to filling the vacancy of Mayor/Councilman (Group No.3) as quickly as possible as directed by the City Charter, motion was made by Councilman Byrd, seconded by Councilman Schroede1 and carried, with Mayor Beals abstaining from voting, that Claude E. Smoak, Jr. vacate the Council Group 2 seat and be appointed to serve as Mayor/Councilman in Group 3 for the remainder of the first year of a two year term, which shall be January 8, 1974. To fill the vacancy thus created in the Councilman Group No. 2 seat, motion was made by Councilman Smoak, seconded by Councilman Schroedel and unanimously carried that Henry Czech be appointed to serve as Councilman in Group 2 for the remainder of the second year of a two year term which shall be January 8, 1974. City Manager Hopkins reported to Council that the public improvements constructed in the Edgewood Subdivision, Phase I, had been acceptably completed and a maintenance bond submitted, and he therefore recommended that the performance bond for this phase be released. Motion was made by Councilman Schroede1, seconded by Councilman Byrd and carried that this recommendation be accepted and the performance bond be released. In an effort to retain present hourly personnel in the Community Services and Utilities Departments as well as help in a labor recruitment for these departments inasmuch as records from January of this year reflect a terrific turnover, it was suggested by City Manager Hopkins that the work week be reduced from 45 hours to 40 hours with such reduction to be an added incentive to work for the city. It was generally agreed upon that a labor shortage exists throughout the state and not just locally, however, they were in agreement with the suggestion of the City Manager and referred the matter back to him; The meeting was adjourned by Mayor Beals. Mayor Pro-Tem, Charles B. Beals 12tMfA) ld~~ City Clerk, Dolores W. Car 011