04-23-1974 Regular Meeting
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NQ1026
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, April 23, 1974. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Byrd, Waller, Schroedel and Oswalt. Other officials present were:
City Manager Hopkins, City Attorney Vason, City Clerk Carroll, City Controller
Fleming, Director of Community Services Smythe and Chief of Police Tynda1.
Others present were: Mesdames Waters and Oswalt, Mr. and Mrs. W. B. Perry, and
the Messrs. Hovis, Czech, Britt and Carden. Representatives of the Sentinel/Star,
the Leesburg Commercial and the local Press 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 April 9, 1974 and of the special
meeting held April 15, 1974 were approved as written.
City Manager Hopkins submitted his report both orally and written, and a copy is
attached hereto.
With regards the vacancy existing following the resignation of George E. Hovis
as Clermont's Public Defender, it was the suggestion of Mayor Smoak that the City
Attorney, the City Manager and members of Council consider this matter and be
prepared to submit recommendations for filling this office at next meeting.
With regards the advisement just received wherein the city's landfill had been
condemned by the EPA, it was consensus that City Manager Hopkins arrange for a
meeting of Council with the County Commissioners to consider a course of action.
With regards the offer submitted by Ralph Roane for the city to purchase property
owned by him in the area of the city owned abandoned landfill site just east of
the citrus tower for possible spray irrigation, it was consensus that this offer
be taken under advisement and the City Manager submit recommendations on the matter
at the next meeting.
City Attorney Vason reported that he had contacted the City Attorney of the City
of Pompano Beach who reaffirmed essentially what is contained in House Bill 2255
wherein they are seeking reimbursement for funds expended on an ocean outfall which
was originally approved by the State and now ordered discontinued, because they
had in good faith relied upon the direction of the State of Florida in the beginning.
Mr. Vason further reported that of the six parcels of property on which the city
had filed suit for delinquent sanitary sewer assessments, that five of them
had been sold in public sale on April 18th.
Mayor Smoak reported that communications had been received from several legislators
with regards Council's resolution forwarded to them on the Green Swamp matter,
and that the majority had been favorable to the resolution.
Councilman Waller commended the Police Department for their recent assistance when
the move was made by the Exchange Bank to their new building.
Councilman Schroedel on behalf of the Official Board of Cooper Memorial Library,
extended an inviation to all to attend the Orange Blossom Breakfast on Wednesday,
April 24th to be sponsored by the Library Board.
Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING A NEW
ARTICLE V UNDER CHAPTER 11 OF SAID CODE OF ORDINANCES, TO BE ENTITLED "LANDSCAPING";
ESTABLISHING A COMPLUSORY LANDSCAPING REQUIREMENT AND MINIMUM LANDSCAPING
STANDARDS FOR ALL LOTS AND PARCELS, EXCEPT SINGLE-FAMILY AND TWO-FAMILY DWELLING,
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NQ 1027
WITHIN THE CITY OF CLERMONT: PROVIDING FOR PROSPECTIVE APPLICATION: PROVIDING
FOR PENALTIES AND THE METHOD OF ENFORCEMENT OF SAID ORDINANCE: PROVIDING AN
EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: PROVIDING FOR PUBLICATION and the
motion was seconded by Councilman Waller. 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: Oswalt, Waller, Byrd and
Schroedel. Total Ayes: Four. Nayes: Smoak. The Ordinance was adopted and the
number 103-C assigned to it.
Councilman Oswalt offered and moved the adoption of 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 ZONING CLASSIFICATION: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN
EFFECTIVE DATE: PROVIDING FOR PUBLICATION and the motion was seconded by
Councilman Schroede1. 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: Waller, Byrd, Schroedel, Smoak and Oswalt.
Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number
105-C assigned to it.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSECTION F OF SECTION 26-24
OF THE CLERMONT CODE OF ORDINANCES: AMENDING SUBSECTION F OF SECTION 26-25
OF THE CLERMONT CODE OF ORDINANCES: ALLOWING AND PERMITTING CHILD CARE CENTERS
AS A CONDITIONAL USE IN C-l AND C-2 ZONING DISTRICTS: 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 title
only, by City Attorney Vason.
Councilman Oswalt offered and moved the adoption of a RESOLUTION to make certain
changes in the various rates, fees, and regulations in the Utilities Department,
and the motion was seconded by Councilman Byrd and unanimously carried. The
RESOLUTION was read in full by City Attorney Vason and the number 231 assigned to
it.
Councilman Waller offered and moved the adoption of a RESOLUTION endorsing
House Bill 2255 (An Act for the Relief of The City of Pompano Beach Providing
For Reimbursement for the Construction of An Ocean Outfall In Reliance On
Approval By the Florida State Board of Health) and the motion was seconded by
Councilman Schroedel and unanimously carried. The RESOLUTION was read, by title
only, by City Attorney Vason and the number 232 assigned to it.
Mayor Smoak requested that City Manager Hopkins contact Dawkins and Associates,
Inc. with regards the possibility of extending the existing 6" water main on
Grand Highway (east of Highway #27) in order to serve adequately all the people
that develop in that area in conjunction with the proposed new well and line
improvements.
It was suggested by Mayor Smoak that City Manager Hopkins obtain an estimated
cost for utilizing the present city hall by an addition expansion to the building
on the south, and Mr. Hopkins agreed to do this.
With regards the recommendation, with reservations, of City Manager Hopkins to
request permission from the LCPC to partially fill the borrow pit in order to
better determine the pit dikes capabilities and effectiveness, motion was made
by Councilman Oswalt, seconded by Councilman Schroede1 and carried that this
recommendation be accepted.
Mayor Smoak requested that City Manager Hopkins investigate the city owned
abandoned landfill site located just east of the citrus tower to determine just
how much property is city owned, how much of the property has been excavated todate
and what the city's position would be with regards once again utilizing it as a
sanitary landfill, and report back to Council at next meeting.
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With regards the matter of Clermont having been identified by HUD as being
flood prone and applications available to file for participation in the National
Flood Insurance Program, it was consensus that this matter be deferred.
With regards the recommendation of City Manager Hopkins to conduct a limited
"s1urry seal" project on certain asphalt paved streets as a preventive maintenance
measure, motion was made by Councilman Schroedel, seconded by Councilman Byrd
and carried that this recommendation be accepted.
The meeting was adjourned by Mayor Smoak at 8:54 P. M.
el(Rk!1
Mayor
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Dolores W. Carroll
City Cl erk