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04-23-1974 Regular Meeting e e e - MINUTES 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, . e e . MINUTES 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. . e e -- MINUTES Nt} 1U28 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 lOJ~ ) t. ~A4 Dolores W. Carroll City Cl erk