07-23-1974 Regular Meeting
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MINUTES
REGULAR MEETI NG
NQ 1043
A Regular Meeting of the City of Clermont was held in the Counc4l Chambers on
Tuesday, July 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 Waller, Byrd,
Schroedel and Oswalt. Other officials present were: City Manager Hopkins, City
Controller Fleming, City Attorney Vason, Deputy Clerk Dollar, Director of Community
Services'Smythe and Chief of Police Tyndal. Others present were: The Messrs.
Dick Byma, Bill Clark, Henry Czech, Ron Carden, George Hovis, and a group of
Clermont property owners. Representatives of the Daily Commercial and the Sentinel/
Star were also present.
The Invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
Mayor Smoak submitted a change to the minutes of July 9, 1974 with regards to the
periodical review of the city employee's pension plan as follows: "Motion
was made by Councilman Schroedel, seconded by Councilman Waller and unanimously
carried that a minimum 6~ increase be extended for the fiscal year 1974-75 to all
the recepients who are presently participating in the retirement fund and that each
year the program would be re-eva1uated and a percentage increase, if one was
so warranted, would be given". The minutes were then approved as changed.
Mayor Smoak announced the first order of business to be a Public Hearing to
consider the request of Kamlu Retir.ement Centers for a PUD(CONDITIONAL USE PERMIT)
on property located at 640 East Lake Shore Drive. Mr. Bil,l Clark, representing
Kamlu Retirement Centers, made the presentation on the requested PUD. City
Manager Hopkins gave a review of the development plan, the findings made and
the conditions recommended, a copy of which is attached. Questions were then asked
of Council by some of the attending property owners, and statements were made
by the following voicing objections to the Center in an R1A zone: Mrs. Rosemary
Line, Mr. John Blanchard, Mr. Fred Saunders, Mr. Reginald Cook, Mr. David Kramer,
Mrs. Laura Blanchard and Mrs. John San~ar:gas. Mrs. Blanchard presented a
petition from property owners objecting to the PUD request. At the request
of Mayor Smoak, City Manager Hopkins read a communication in part from Mrs. Wm.
Henn, present owner of the property, which was made a part of these minutes.
Following comments by members of Council, pertaining to the request, motion was made
b Councilman B rd seconded b Mr. Schroedel that the re uest of Kam1u Retirement
Centers for a PUD CONDITIONAL USE PERMIT on ro ert located at 640 East Lake
Shore Drive be denied. Upon roll ca vote on passage of the motion, the result was
Ayes: Waller, Byrd, Schroedel, Oswalt. Total Ayes: Four. Nayes: Smoak. Total
Nayes: One. The motion carried.
A 5 minute recess was called by the Mayor, and the meeting was resumed at 8:40 P.M.
In the absence of Mr. Jay Daub of Teleprompter,Inc. who was unable to attend the
meeting, City Manager Hopkins gave the following information he had received from
Mr. Daub. That first, the system had been delayed primarily because of faw1ty
manufactured materials, then the system did not function when put into operation and
as a result, a meeting is to be held on September 30th with the contractors to
discuss redoing the system; that legal action has been instigated against the
contractors to recover damages and loss of revenue, and that Mr. Daub will report
to the Council after the September 30th meeting. Mayor Smoak requested City
Manager Hopkins to report to the council the expiration date of the performance
bond submitted by Teleprompter and their intentions concerning the bond.
City Manager Hopkins submitted his report, copy of which is attached hereto.
City Manager Hopkins reported to Council that for some time the City has been trying
to obtain an easement from the owner of Lot 341, Clermont Heights to serve the new
Badcock Store with sanitary sewer. A communication has now been received from
the proper owner wherein she agreed to grant the city a 10' wide easement on Lot 341,
Clermont Heights and in return for the easement she had requested that the city agree
to waive any sewer connection fees on Lots 341-342, Clermont Heights(which were not
assessed). City Manager Hopkins requested Council action on the utility easement
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and agreement drawn up by City Attorney Vason. Motion was made by Councilman Byrd,
seconded by Counci lman Waller and unanimously carried that the Mayor be authori zed to :i>_ .i'
execute an agreement between the City and Jane Dingess for an easement over the
N 10; of the East 150' of Lot 341, Clermont Heights in return for which the city
will waive payment of sewer connection fees on Lots 341 and 342, Clermont Heights.
City Manager Hopkins briefed the Council on a problem with the Lake County School
Board wherein they had proceeded with plans for construction of additional facilities
to the Clermont Junior High and the Clermont Elementary School to the point
of beginning construction, ignoring the City Ordinance of which they had been
informed, whereby in his and the City Attorney's interpretation, they were
required to apply for a CUP under zoning regulations for school addu'bioDs'jin
residential areas. The Mayor suggested City Manager Hopkins set up a work meeting
with the proper school authorities to discuss the City's stand and until such
time as the City is shown to be legally at fault, maintain the position he has
expressed that the school board is subject to following the regulations of the
ci ty ordi nance.
Regarding a replacement for Mr. Loomis, who resigned from the P & Z Commission,
Mayor Smoak requested Mr. Czech to have the members of the P&Z Commission submit
recommendations for a replacement and Council members also consider someone they
felt would bean addition to the commision for action upon at the next regular
Council meeting.
The Mayor scheduled a work session of the City Council to be held in the City
Manager's Office on Tuesday, July 30th at 7:30 P. M. to discuss the proposed
1974-75 budget.
Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE
CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSECTION
(d) AND SUBSECTION (e) OF SECTION 16-5 OF THE CODE OF ORDINANCES: AMENDING AND
REDUCING THE LENGTH OF SERVICE REQUIRED OF A CITY EMPLOYEE FOR THE VESTING OF
PENSION AND RETIREMENT BENEFITS FROM TWENTY (20) YEARS TO TEN (10) YEARS: 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, Smoak, Schroedel,
Byrd and Waller. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted
and numbered 108-C.
Councilman Waller 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 THE REAL PROPERTY DESCRIBED HEREIN FROM R-3
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 Oswalt.
The ORDINANCE was read for a second reading, by title only, by City Attorney
Vason, and upon roll call vote on passage of the motion, the result was:
Ayes: Waller, Byrd, Schroede1, Oswalt and Smoak. Total Ayes: Five. Nayes: None.
So the ORDINANCE was adopted and numbered 109-C.
Councilman Waller introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA CLOSING AND PERMANENTLY ABANDONHlIGCA:'-P8RTION
OF CRYSTAL LAKE DRIVE DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY
OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, iNCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION
and the ORDINANCE was read for a first reading, by title only, by City Attorney Vason.
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Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING ELEVENTH
STREET BETWEEN THE NORTHERLY RIGHT-~F-WAY LINE OF DESOTO STREET AND THE SOUTHERLY
RIGHT-OF-WAY LINE OF MONTROSE STREET, ACCORDING TO THE OFFICIAL MAP OF THE
CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA: RESERYING UNTO THE CITY OF CLERMONT A UtI[rTI^EABEM(~T
PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE
was read for a first reading, by title only, by City Manager Hopkins.
Councilman Byrd stated that he was not in accord with the action taken by Council
on permitting a welding shop in a C-2 zone and asked if the ordinance is going to
be clarified and amended. Mayor Smoak advised that in a work session to be held
on July 24th the P & Z Commission will consider conditional use permits in
different zones based on specified locations and individual situations.
Councilman Schroedel inquired the status of the delinquent sewer assessment payments
which were due to be paid by July 22nd. City Attorney Vason advised that since
the number of these accounts were down to a nominal amount, he was going to
push for payment as opposed to filing suit. If this method failed, suit
will be filed, along with a suit from last year covering property at the intersection
of Highways 27 and 50 which was not processed due to a last minute change in
ownership.
City Attorney Vason explained to Council that there was a need to up date the
Code of Ordinances, especially since the Home Rule Bill passed in 1973 abolished
practically all the powers that were granted to cities by statute. He further
explained that there was a need to review especially the penal or cnimina1 portions
of the Code of Ordinances; that numerous ordinances are grossly antiquated; some ordinances
do not exist; portions of the zoning, plumbing and electrical ordinances are
deficient and need clarification. He then requested Council to consider
authorizing an individual or group of individuals to review the Code of Ordinances
to bring them up to date. Mayor Smoak requested City Attorney Vason to report,
in as~ concise form as possible, at the August 23rd meeting the status of the
ordinances as a start~Rg point to forming a committee to review all chapters
of the Code of Ordinances.
The meeting was adjourned by Mayor Smoak at 9:25 P. M.
(!/ kM
Claude E: Smoak, Jr., Mayor
M. Dol~ar, Deputy Clerk