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01-04-1974 Regular Meeting (2) . e e e M I NUT E S REGULAR MEETING No 1000 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 8, 1974. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Schroedel, Byrd, Beals and Czech. Other officials present were: City Controller Fleming, City Clerk Carroll, City Attorney Vason, City Manager Hopkins, Director of Community Services Smythe and Chief of Police Tyndal. Others present were: Mr. and Mrs. W. F. Perry, Mr. and Mrs. W. O. Boone, Mrs. Esther Fox and the Messrs. Waller, Oswalt, Loomis, Beals, Black, Wade, Carden, Hovis and Prior. Representatives of the Daily Commercial, the Sentinel/Star and the local Press were also present. The invocation was given by Councilman Beals, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held on December 27, 1973 were approved as written. Mayor Smoak announced the first order of business to be a public ~earing to consider request of Mrs. Esther Fox for a variance to Section 26-20 (C) (2) of the Zoning Ordinance ( Lot width requirements in an R1A zone) in order that Lot 6 in Clermont Heights be established as a buildable lot with a frontage of 88.5 feet. Motion was made by Councilman Schroede1, seconded by Councilman Czech and carried that this request be granted. Upon inquiry of City Attorney Vason if he had received an opinion from the Attorney General as to the legality of Council taking action on proposed Ordinance 101-C, he advised that he had not, but that in his research he had found no ordinances nor statutes which indicated that Counci1's passing of an ordinance reclassifying a Zone would be illegal. Councilman Beals reported that the city charter specifically states that a person must have a substantial interest to create a conflict of interest and that he personally did not feel his prescribed interests in the proposed bank constituted a conflict of interest, but that in the event a negative opinion is received from the Attorney General, he would immediately divest himself of any interest in the proposed bank by disposing of the stock which he has prescribed for, and based on these remarks, he would offer and move the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMEND1NG THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES: REZONING LOTS 1 THRU 16, BLOCK 84, AND BLOCK 89A FROM C-1 ZONING CLASSIFICATION TO C-2 ZONING CLASSIFICATION: 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 by title only for a second and final reading by City Attorney Vason, and upon roll call vote on passage of the motion, the result was: Ayes: Schroede1, Beals and Czech. Total Ayes: Three. Nayes: Byrd. Total Nayes: One. Abstaining: Smoak. So, the Ordinance was adopted, the Number 101-C assigned to it and a copy ordered posted. Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 3-4 OF THE CODE OF ORDINANCES: REGULATING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroede1. The Ordinance was read in full for a second ind final reading by City Attorney Vason, and upon roll call vote on passage of the motion, the result was: Ayes: Schroede1 and Byrd. Total Ayes: Two. Nayes: Bea 1 s, Smoak: and Czech. Total Nayes: Three. The motion fa i 1 ed to carry. City Manager Hopkins reported as follows: That he had been unable to employ a licensed treatment plant operator who would also serve as Utilities Director, based on the city's pay scale, and therefore an organizational change had been made whereby Bob Smythe had assumed overall administrative control and supervision of the Utilities Department with a newly hired licensed operator being in charge of the treatment section and Leo Creech being assigned to the water section; and, That with regards the effluent disposal project which is currently underway, he had made contact with the property owners involved regarding the necessary easements and shall be meeting with them in the immediate future. . e e - M I NUT E S No. 1001 '6"1' ~ I '\ With further regards to the effluent disposal project, Richard Oswalt reported that he had met with the trustees of the Oswalt property involved, and that a proposed lease had been prepared which he submitted to Council. It was the suggestion of Mayor Smoak that Attorney Vason and members of the Council review the proposed lease and then hold a Special Meeting of Council to authorize the execution of same in order to expedite the matter. Mayor Smoak entertained a motion that the City Manager be authorized to pursue the matter of the effluent disposal porjectto its ultimate conclusion and in whatever manner is deemed advisable by hi.m,.whereupon.motion to proceed in thi s matter was made by CounCilman Czech, seconded .' b.y' Counct1li1an . Bea 1 S . and' carri ed. City Attorney Vason reported he had received an appraisal of the Johnson property as made by Larry King, and that it was in the amount of $48,000.00. Attorney George E. Hovis reported to Council that he had been retained by.Robert Paxton to research the 1akefront property on which he holds an easement from the city to determine the ownership of same, and that he is of the opinion that the property is owned by the city, but he questions whether the city owns it as separate property or as part of a street. He advised that he would submit his findings and recommendations to Council at a later date and in writing. Motion was made~.tvCounci1man Beals, seconded by Councilman Czech and carried that the bills be paid. Councilman Schroede1 reported that he had received a complaint with regards garbage being placed on the lawn and not in covered containers at 1140 8th Street. This matter was referred to City Manager Hopkins. Expressions of thanks and appreciation were exchanged between Mayor Smoak and retiring Councirmen Beals and Czech for cooperation and services performed while serving as members of the City Council. The meeting was adjourned to an organization meeting, whereupon the Oath of Office was administered by City Clerk Carroll to Councilmen-Elect Richard E. Oswalt and Dan A. Waller and they were seated at the council table. ORGANIZATIONAL MEETING Mayor Smoak extended a welcome to the new members of the City Council and called the organizational meeting to order. Mayor Smoak announced the first order of business to be the various board and commission appointments, the election of a Mayor Pro-Tem and the election of a Municipal Judge. They were made as follows: Mayor Pro-Tem George Schroede1 Planning and Zoning Commission - One Year Appointment Ronald Carden Francis Loomis -'.._-C.~~~~~-.'-~'~"'Y.~-..._."~""";i"'1"'"'~':.'-'.~.- .. e e . M I NUT E S No. 1002 Planning and Zoning Commission - Two Year Appointment , Henry Czech George E. Hovi s A.E. (Gene) Lang1 ey Oakley Seaver Richard B. Williams Plumbing Board - One Year Appointment Morton J. Barnes William Lawson Electrical Board - One Year Appo~ntment William Britt Seldon Hanks Jesse L. Madden John Minor Bui1din$l Board of Appeals - Three Year Appointment Jean Winston Pollution Control Board - Indefinite Term Mayor Claude E. Smoak, Jr. Dan A. Waller, Alternate Liaison Representative to the Library Board George Schroede1 Liaison Representative to the Chamber of Commerce Carlisle A. Byrd, Jr. Municipal Judge - One Year Term R. W. Waters An election of a Second Judge was not made at this time, pending a recommendation from Judge Waters, who had advised that because of ill health, John W. Parks would no longer be able to serve. Council members requested City Manager Hopkins to investigate the following matters which had been brought to their attention: Chuck holes on B10xam Avenue between Highway 50 and Minnehaha Avenue Consideration of changing the stop lite at the intersection of 7th and Montrose Streets back to a caution lite Prevention of parking on both sides of Osceola Street between Fifth and Eighth Streets Prevention of parking on both sides of Fourth and Ryan Streets between Chestnut and Seminole The meeting was adjourned by Mayor Smoak LQ~uJ t ~AJrr. Do res W. Carrol , City C erk cla(l('~