12-11-1973 Regular Meeting
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REGULAR MEETING
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A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, December 11, 1973. The meeting was called to order
at 7:30 P. M. by Mayor C~aude E. Smoak, Jr. with the following members present:
Councilmen Czech, Byrd and Schroedel. Other officials present were: City Manager
Hopkins, City Attorney Vason, Director of Community Services Smythe, Director
of Public Utilities Mitchell and Chief of Police Tyndal and Deputy Clerk Dollar.
Others present were: Mrs. M. Baxter, Mr. and Mrs. W. O. Boone, Mr. and Mrs.
Terry R. Nolan, Master Frank Beals and the Messrs. N. Brown, Loomis, Waller,
Bloebaum, Prior, Ware, Oswalt, Carden, Ladd, Jay and Dr. Peacock. Representatives
of the Daily Commercial and the Sentinel/Star were also present.
The Invocation was given by Councilman B,as followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular Meeting held November 27, 1973 and of the Special
Meetings held December 3 and December 5, 1973 were approved as written.
Mayor Smoak announced the first order of business to be Public Hearings as follows:
To consider request of Mrs. Terry R. Nolan for a Variance to Section 26-21 (E)
(2) of the Zoning Ordinance (Setbacks in an R-l Zone) in order to construct an
addition on her property described as Lot 44 and the North one-half of Lot 45
in Highland Estates. There was no one present in the audience who voiced objection
to this request and following Council discussion, motion was made by Councilman
Czech, seconded by Councilman Beals and unanimously carried that the request
of Mrs.Terry R. Nolan for a variance be granted.
To consider request by Mr. and Mrs. W. O. Boone for the rezoning of Lots 1 thru
16, Block 84 from its present C-l zoning to C-2 zoning. Mr. Norvall Brown on
behalf of the Board of Trustees of the First United Methodist Church read a
letter in which the Board stated they have no objection to construction of a bank,
for which they understand the zoning change is being requested, however, they
have some reservations about changing the zoning from C-l to C-2 and prefer
that the zoning remain C-l and that the city grant a Conditional Use ~ermit for
a bank in the C-l zone; that the CUP will allow the property owners to use the
property as they desire and it will also give protection to the present zone to
neighboring properties. There was considerable discussion on the validity of
Council passing a decision on this request pending an opinion from the Attorney
General, requested by Mayor Smoak, in view of any conflictingclnteresti'any'mernbers
of the Council may have in regard to the organization of the proposed bank.
Motion was made b Councilman Beals seconded b Councilman Schroedel that the
Citt Attorne be instructe to re are an or nance rezonln Lots t ru
inclusive, in Cit Bock 8 from its resent C- zone to C-2 zonin. Upon ro 1
ca vote on passage of the motion the result was: yes: Czech, Schroedel and
Beals. Total Ayes: Three. Nayes: Byrd; Total Nayes: One. Abstaining: Smoak.
Mr. Byrd advised that he opposed the'motion.because he is a member of the Board of
the First United Methodist Church and he agrees with the sentiments expressed
in the church board's letter.
With regards correspondence between the City Manager and the Highl~nd Inn, Inc.
Mrs. Marianne Baxter and Mr. Don Bloebaumoi.\appeared before Council. for _
a clarification of the city ordinance governing the sale of package goods on
Sunday, which in the interpretation of the City Manager, and which he so stated
in his letter to the Highland Inn, is prohibited. Following a lengthy discussion
of the ordinance, during which the City Attorney stated that in his opinion the
ordinance as written did not prohibit the sale of packageg90ds on Sunday, Mayor
Smoak asked Council to resolve the question of package goods on Sunday, whereupon
motion was made b Councilman B rd seconded b Councilman Schroedel that the Cit
Attorne be instructed to draw u an amen ment to the resent or nance to rohibit
the sa e 0 package goo s on Sun aYe Upon ro ca vote on passage of the motion
the result was: Ayes: Schroedel, Byrd, Czech. Total Ayes: Three: Nayes: Smoak
and Beals. Total Nayes: Two. The motion passed. It was consensus of Council
that during the period pending adoption of the ordinance that the Highland Inn
may continue the sale of package goods on Sunday.
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City Attorney Vason was requested to give an up-to-date report at the next meeting
on the time element for adoption of ordinances as stated in the Home Rule provision
passed in the last legislature.
Mr. Phil Jay of American and Florida Bass Fisherman appeared before Council concern-
ing promotion of, and request from the city for financial assistance, of a Bass
Fishing Contest in Clermont Chain 0 Lakes. Mayor Smoak advised that it was his
impression that the Council was in favor of what Mr. Jay wanted to do but that
it would not be apropo for Council to contribute money toward the contest because
it would benefit a very few people in relation to the tax base in the town.
City Manager Hopkins submitted his report both orally and written and a copy is
attached hereto.
With regards the request of the Orlando Yacht Club for permission for limited
overnight camping at Jaycee Beach on December 15th in conjunction with a regatta
on Lake Minneola, motion was made by Councilman Byrd, seconded by Councilman Schroedel
and unanimously carried, that the request be granted.
With regards the construction of a lift station to serve the Clermont High School,
City Manager Hopkins was requested to make a further investigation of the costs
and make his recommendation to the Council.
With regards the item on the Manager's report concerning the water system, motion
was made by Councilman Beals, seconded by Councilman Byrds that the engineers
be authorized to proceed with a re~ort for grant funding, and that Council call
a special meeting for the engineer s presentation of the water system report.
The motion was withdrawn by Councilman Beals. Councilman Beals then moved that
a Special Meeting of Council be called for presentation of the water system report
by Dawkins & Associates and for action on a~Plicat10n requirements for 1975
funding. The motion was seconded by Counci man Byrd and unanimously carried.
Mayor Smoak called a Special Meeting of the City Council to be held on Thursdays
December 13, 1973 at 3:30 P. M. in the City Manager's office, with the agenda
as follows: Presentation of the water system r~port by Dave Crowson, of Dawkins
and Associates; discussion of the effluent disposal problem with new information
obtained from Mr. S. A. Berkowitz and discussion of Grant Application for 1975
funding and other pertinent information.
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With regards City Attorney Vasonls report that he still had not received the appraisal
on the Johnson property, Mayor Smoak advised that the matter will be considered
at the Special Meeting on December 13th and a definite decision reached as to
the city.s stand on the appraiser's services at that time.
Deputy Clerk Dollar read a letter from Mr. Donald St. John to the Council in which
he apologized for any remarks he made after the November 27th meeting which may
have left the impression he was not satisfied with the meeting. The City Clerk
was instructed to acknowledge Mr. St. Johnls letter.
Councilman Schroedel reported on a Library Board meeting; he requested assistance
from the city in making some minor repairs to the library building, which the
City Manager stated he would have taken care of; he asked Council IS early considera-
tion of the Little League field prOblem and asked about the use of the city
owned property on Seminole Street for softball purposes to leave the 12th street
field solely for Little League. Dr. Peacock gave a brief review of the Little
League organization. Mayor Smoak stated, in his opinion, he felt Council is
aware of the needs in this area and that when the city is in a financial position
and the problem can be solved without increased taxation, some action could be
considered.
Motion was made by Councilman Schroedel, seconded by Councilman Beals and carried
that the bills be paid.
Councilman Czech inquired if there is some legal way the city can handle items
under $10.00 through a petty cash fund thereby reducing bookkeeping on these
small items. City Manager Hopkins stated that some discussion has taken place
on this matter with the City Controller, but that no definite decision had been
reached at this point.
Councilman Czech presented and moved the adoption of A RESOLUTION OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR A CHURCH
and the motion was seconded by Councilman Beals and unanimously carried. The
RESOLUTION was read by City Attorney Vason by title only, the Number 227 assigned
to it and a copy ordered posted.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSE€1fIC>fb(F) OF SECTION 26-24
OF APPENDIX A OF THE CODE OF ORDINANCE AND AMENDING SUBSECTION (F) OF SECTION
26-25 OF APPENDIX A OF THE CODE OF ORDINANCES: ALLOWING AS CONDITIONAL USE
MULTIPLE FAMILY DWELLINGS IN C-l ZONING DISTRICTS AND C-2 ZONING DISTRICTS:
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was
read by title only by City Attorney Vason for a first reading.
With regards Council granting future easements on lake front property City Attorney
Vason reported on his research as follows: That there is a statute that
provides that the city can sell or lease municipal property, the property would
have to be advertised and the highest bid accepted at a pUblic sale; the city
can lease the property; the city can grant an easement on the property. Following
a lengthy discussion of the advantages and disadvantages of the alternatives
stated by the City Attorney, Mayor Smoak requested the City Attorney prepare a
document that would provide for an exclusive' easement, conferring to the easement
holder the use of the property, providing for income to the city which is not
generated since the property is not on the tax roll, have the easement fee
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commensurate with the value of the improvements constructed on the property and
transfer any liability to the easement holder.
Mayor Smoak announced that due to the next regular meeting of Council falling
on Christmas Day, December 25th, the meeting will be held on Thursday, December
27th.
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Mild ed Dollar, Deputy Clerk