04-09-1974 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the'iCity of Clermont was held in the
Council Chambers on Tuesday, April 9, 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, Waller, Byrd and Oswalt. Other officials present were:
City Controller Fleming, City Clerk Carro.11, City Attorney Vason, City Manager
Hopkins, Director of Community Services Smythe and Chief of Police Tyndal. Others
present were: The Messrs. Hovis, Bright, Brant, Czech, Post, Loomis and Muir.
A representative of the Orlando Sentinel/Star was 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 March 26, 1974 and of the Special Meeting
held April 2, 1974, were approved as written.
Mr. Bronson Brant, representing the Kiwanis Club of Clermont as well as himself
personally, appeared before Council and urged that they take some action with
regards what he described as lithe hazardous and deplorable traffic conditions on
State Road #50 through the city, particularly from the truck traffic". Mayor
Smoak advised that Council was very much aware of the traffic problems and had forwarded
requests to the DOT several times over the past few years to change the speed limit
on State Road #50 whereby it would be uniform from city limit to city limit,
but all the requests had been denied. Mayor Smoak reported that he did feel like
the situation would be lessened considerably with the widening of the highway
as proposed by the DOT. With regards the truck traffic City Manager Hopkins
reported on recorded statistics of accidents within the city from January 1, 1971
thru todate which showed that of 256 citations issued as a result of these accidents,
238 had been against passenger car drrvers as opposed to 18 issued against truck
drivers.
Attorney George E. Hovis appeared before Council with regards his research to determine
the title holder of certain lakefront property lying between Lake Shore Drive and
Lake Minnehaha on which the city has granted leases and/or easements for several
years. It was the opinion of Mr. Hovis that this property is actually the right-of-
way of Lake Shore Drive as originally developed and platted by the Lake Highlands
Company, and that in order to resolve the questions of ownership and grant assurance
to the persons having tremendous investments on this property, that Council vacate
the southern portion of Lake Shore Drive with the vacate~ portion revert1ng to the
property owners abutting the street to the north. This matter was referred to City
Attorney Vason for his study and recommendation.
City Manager Hopkins reported as follows: That he had received a request from
local parents to sponsor a benefit dance for the March of Dimes in the Jenkins
Auditorium on April 20th. Motion was made b Councilman Schr-oedel seconded b
Councilman Waller and carried that th s request be granted provided a ru es and
regulations as pertains to dances held in the auditorium are met. That the Lake
Sumter Community College had again requested use of the Jenkins Auditorium on
Monday nights from May 6th thru June 24th to offer a Physical Conditioning Course
for Women, and that it was his recommendation that this request be granted, and
without fee for use of the auditorium. Motion was made by Councilman Schroedel,
seconded b Councilman Waller and carried that the recommendation of the Cit Mana er
be accepte: that e ha recelve nqu1ry from the State as to Council's desire
to pursue the application submitted for a loan to fund the Minnehaha Estates
addition sewer extension, or to close the file, and it was consensus of Council
that the file be closed; That Ordinance No. 103-C (Landscaping) which had been
tabled for a sixty day period following its introduction in order that further study
and consideration might be given to it, and, that inasmuch as this period had passed,
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Councilman Byrd extended Thanks to Mr~ Brant, and members of the Kiwanis Club who
were present, for their interest and concern to approach Council about the traffic
conditions on Highway 50.
Councilman Waller reported he had received complaints regarding litter generating
from the body shop located at the corner of 10th and Juniata Streets as well as the
parking of vehicles on the right-o-way just outside the fence surrounding the body
shop. It was the recommendation of City Attorney Vason that such complaints be
submitted in writing by those persons affected before consideration be given by
Council.
Councilman Schroede1 reported as follows: That he had attended the Board Meeting
of Cooper Memorial Library on Monday at which time it was reported they were only
$300.00 short of their annual fund drive goal, that they were going to sponsor
the May Orange Blossom Breakfast, and that they were highly enthusiastic with their
initial meeting of the "Friends of the Library Organization"; That the Stop Sign
on the northwest corner of Lake Avenue at Lake Shore Drive was obscured from view
by tall shrubbery which was very hazardous, and, That inasmuch as the shape of
the narrow bridge spanning the canal between Lakes Winona and Minnehaha was such
to prevent seeing oncoming traffic, he recommended that yellow lines be painted
on each approach to the bridge.
Mayor Smoak reported he had attended the dedication ceremony for the Luthern Church
"Court of Flags" and he felt it was a very conunendab1e project.
Motion was made by Councilman Schroedel, seconded by Councilman Waller and carried
that the bills be paid.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING 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 3, 4, 5 and 6, BLOCK 44, FROM C-1 ZONING CLASSIFICATION TO R-3:.Z0IUNG
CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR
SEVERABILITY: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR PUBLICATION and the Ordinance
was read for a first reading by City Attorney Vason, by title only.
City Controller Fleming reported that SO% of the sanitary sewer assessments had been
collected todate, and that William Howard, actuary for the city's pensions plan, had
submitted his annual audit and report of the pension plan which showed to be in
excellent financial condition.
City Attorney Vason requested authorization and renumeration for costs involved
to appeal to the circuit court for a reversal in a recent judgement handed down by
the municipal court judge involving a OWl case wherein the defendant requested a
"trial by jury" which municipal court is not prepared to handle and thereby the
judge rules that this request having been made, it was then incumbent upon the
city to prepare the necessary document, record, transcribe and bear the cost of same
for the two hearings held and then initiate proceedings whereby the case could be
transferred to a court which provides a "trial by jury". Mr. Vason reported that
he could find no statutary codes, no provisions in the applicable criminal rules
nor in the rules that govern the proceedings of a traffic court that the city be
required to initiate transfers of cases to courts which provide for "trials by jury"
and he thereby felt that this ruling not only adversely affected the city in this
case, but in a previous one and any future like cases. Council was in agreement
wi~h this whereupon motion was made by Councilman Waller, seconded by Councilman Oswalt
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City Manager Hopkins reported on a firm selling price of $127,500 for the Exchange
Bank Building. It was consensus of Council that the City Manager obtain a floor
plan of the building with a list of probable changes and estimated costs which he
feels would be necessary to fit the city's needs and then hold a work session
of Council to consider the matter. Mayor Smoak called a work session of Council
for Monday evening, April 15th, at 7:15 P. M. to tour the Exchange Bank Building
and then meet in the office of the City Manager.
Mayor Smoak reported that he had met with Peter H. Johnson regarding the condemnation
suit of the 3~ acres of property owned by Mr. Johnson, and that he did not have
a proposal to present to Council, but that Mr. Johnson appeared to be amenable to
settling the suit out of court.
With regards a request received to operate a Child Care Center at 748 Lake Avenue
in a C-2 zone, it was the recommendation of the Planning and Zoning Commission that
child care centers being commercial in nature and not more obnoxious or detrimental
than other uses in C-1 and C-2 zones, be allowed in C-l and C-2 zones as permitted
uses. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and
carried that the recommendation of the P & Z Commission be accepted and child
care centers be allowed in C-l and C-2 zones as a permitted use.
It was still further recommended by the P & Z Commission that the Zoning Ordinance
be amended to allow for child care centers in C-l and C-2 Zoning Districts under
a,Conditional Use Permit. Motion was made by Councilman Sehl1oedel, seconded by
Councilman Byrd and carried that this recommendation be accepted and the City
Attorne be instructed to re are the necessar Ordinance for introduction at
next regu ar meeting.
The meeting was adjourned by Mayor Smoak at 9:50 P. M.
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Do ores . Carro ,Clt Clerk
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