10-22-1974 Regular Meeting
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NQI072
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, October 22, 1974. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilman Oswalt, SClhroede1 and Byrd. Other.officia1s present were: 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. Wayne Dean,
Jr. and the Messrs. Sargent, Judy, Blackburn, Jones, Czech, and Beals. Representa-
tives 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.
The Minutes of the Regular Meeting held October 8, 1974 and of the Special
Meeting held October 16, 1974 were approved as written.
Mayor Smoak announced the first order of business to be the consideration of
a request by Robert E. Caruthers for a Variance to Section 26-25 (E) (1) of the
Zoning Ordinance (SETBACKS IN A C-2 ZONE ON PROPERTY ADJACENT TO HIGHWAYS 50 AND
27) in order to construct a canopy on property described as: Beg. 165 feet East
of Mi11ho11and Street on North line Hwy 50, run N 18 deg. 44" 401111 W 125 feet
N 55 deg. 4511 201111 E 125 feet SW'ly along Hwy. 190 feet to POB. General location
description being: Fleet Oil Company station at intersection of Highways 50 and
27. There was no one present who object to the request, whereupon motion was
made by Councilman Byrd, seconded by Councilman Schroedel and carried that the request
be granted.
Mayor Smoak announced the next order of business to be the consideration of a
request by E. L. Kindred for a Variance to Section 26-23 (E) (3) of the Zoning
Ordinance (REAR YARD SETBACKS IN AN R-3 ZONE) in order to construct a patio on
property described as: Lots 1 & 2 in City Block 74. There was no one present
who objected to this request, whereupon motion was made by Councilman Oswalt,
seconded by Councilman Schroede1 and carried that the request be granted.
City Manager Hopkins reported that bids had been received for three police cars
as follows:
2 - 1975 Police Cars with tradeins of
2 - 1973 P1~outhS
Leesburg Chrysler 1ymouth @ $3498.00 ea.
Rice Chevrolet @ $3895.00 ea.
1 - 1975 Police Car with trade in of
1 - 1972 Ford
Leesburg Chrysler/Plymouth @ $3723.00
Rice Chevrolet @ $3895.00
City Manager Hopkins reported as follows: That a preliminary engineering report
had been received on the Minnehaha Estates sanitary sewer improvements and was being
reviewed at city hall; That he anticipated having bids to award on the Seminole
well by the second council meeting in November; That inasmuch as Council had
received preliminary drawings on the proposed extension of city hall and the
construction of a swimming pier, he would like to meet with Council workshop session
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NQ 1073
to go over the plans with respect to some changes that he would recommend; That
he wished to commend City Attorney Vason in his efforts to collect delinquent street
paving assessments; and, That Patrolmen Swanson and Jaggers were enrolled in a
40 hour Breatha1izer Course.
City Attorney Vason reported an offer had been received to fully and completely
settle the City vs Peter H. Johnson condemnation suit out of court for the amount
of $47,500.00, and after having again reviewed all the facts and figures in the case,
he was of the opinion that costs would equal and/or possibly exceed this amount
should the matter continue in litigation and final jury trial, and he therefore
recommended that Council accept this offer for full settlement. Motion was made
b~ Councilman Schroede1, seconded by Councilman Byrd and unanimous1l carried that
C1t Attorne Vason be authorized to roceed with full settlement 0 the
con emnation suit out of court in the amount of 47 500.00 tota cas out a .
Mayor Smoak reported he had received a request from the Disabled American Veterans
to sell Forget-Me-Not Flowers in the city from November 18th thru November 23rd.
Motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried
that this request be granted.
Mayor Smoak reported he had received a letter from W. K. Hennessey, Director of
Lake County Department of Pollution Control wherein he advised that the city had
been granted a 6 months variance on the sewerage effluent plant, and, that he and
City Manager Hopkins had appeared before the Board of County Commissioners on
October 15th requesting that the County Commission petition, via resolution,
the East Central Florida Regional Planning Commission to incorporate the City of
Clermont in a corridor area existing between the boundary lines of Highway #50,
from the Orange County line west, which the County accepted. He further reported
they then attended a meeting in Orlando that same\date of the State Department of
Pollution Control and requested that ClermOnt be included in the designated 208
area for federal planning funds on water quality, and a Resolution formally
requesting this matter was adopted by Council in Special Meeting on October 16th.
Councilman Schroede1, liaison representative to the Library Board, reported of
their request to Council for permission to construct a 1200 square foot addition
at an approximate cost of $20,000.00 to the Library, such permission being necessary
inasmuch as the library building is located on city owned property. Motion was
made by Councilman Byrd, seconded by Councilman Schroede1 and carried that this
request be granted.
Mr. Schroede1 still further reported that the Library Board was desirous of receiving
assurance, in writing, that Lots 18 & 19 in City Block 76 would be restricted to
library related usage and/or purposes~ Council was in agreement with this request,
but inasmuch as there was a question of the legality of placing restrictive
covenants on city owned property, the matter was referred to City Attorney Vason
for his consideration and recommendation.
Councilman Byrd inquired of Mayor Smoak as to the status of the sanitary sewer
operating permit, and he was advised the city had been granted a one year temporary
operating permit. Councilman Byrd reported that the initial meeting of the Charter
Revision Committee had been held on October 21st, and that he was well pleased
with its start. Referring to a letter from City Manager Hopkins to Messrs. A. R.
and Donnie E. Sewell with regards making necessary improvements to their property
located at 665 Highway 50, Councilman Byrd advised he felt the requirements as
described in Section 301.1 of the Code wherein only one kitchen would be allowed
if there was only one bathroom, was very arbitrary.
City Clerk Carroll read a communication from members of the IIC1ass of 17511 of
Clermont High School, wherein they requested permission to hold a dance in the Jenkins
Auditorium on Friday, November 1st between the hours of 10:00 P. M. and 12:30 A.M.
Motion was made by Councilman Oswalt, seconded by Councilman Schroede1 and carried
that this re9uest be granted provided all the rules and regulations pertaining to
dances held 1n the Auditorium are met.
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Motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried
that the bills be paid.
Mayor Smoak announced the next order of business to be Counci1's review of the
preliminary plat of Dickson Shores Subdivision. Mr. Max Judy appeared before
Council on behalf of this matter and advised that he was in agreement with the
required conditions as recommended by the Subdivision Advisory Committee and
the Planning and Zoning Commission following their consideration of the preliminary
plat, with the exception of Condition No. 3 requiring the developer to pay a
sum of money equal to five percent of the value of the gross area to be subdivided.
City Attorney Vason had previously been requested to study this proposed condition
as to its legality, whereupon he advised that the 4th District Court of Appeal
had interpreted such a requirement to be unconstitutional in a s'irili1ar case to this,
thereby he would advise Council that this portion of the city's subdvision
ordinance was also unconstitutional, and should be deleted.
Motion was made by Councilman Schroede1, seconded by Councilman Oswalt and
earried that the preliminary plat of Dickson Shores Subdivision be approved with
the following conditions:
I. The only public improvement necessary which must be provided by
the developer is water service. In view of the limited extent to
which water service improvements must be provided, the City agrees to
make the installation at a cost of $1474.00, payable in advance by
the developer.
2. Easement shall be provided for six (6) inch water line from Lake
Shore Drive to Settle Street.
Councilman Oswalt offered and moved the adoption of a RESOLUTION granting a CUP
~H'allow,.e&ftStrue~;~m of church and community services building. The motion was
seconded by Councl man Byrd and unanimously carried. The RESOLUTION was read by
City Attorney Vason and the Number 242 assigned to it.
Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE GENERAL OPERATIONS BUDGET FOR
THE CITY OF CLERMONT FOR THE FISCAL YEAR 1974-75: AUTHORIZING RECEIPTS AND DISBURSEMENTS
CONTAINED THEREIN: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR
SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the
Ordinance was read for a first reading by City Attorney Vason, by title only.
Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE WATER AND SEWER DEPARTMENT
BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1974-75; AUTHORIZING RECEIPTS
AND DISBURSEMENTS CONTAINED THEREIN: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH:
PROVIDING FOR SEVERABILITY:' PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION
and the ORDINANCE was read for a first reading by City Attorney Vason, by title only.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONiNG JUNIATA STREET
BETWEEN THE EASTERLY RIGHT-OFOWAY LINE OF SECOND STREET AND THE WESTERLY RIGHT-OF~WAY
LINE OF EAST AVENUE, AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED
IN PLAT BOOK 8, PAGES 17 THROUGH 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 City Attorney Vason, by title only.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROMULGATING NEW ORDINANCE
NUMBER 25-51 OF THE CODE OF ORDINANCES: REQUIRING CERTIFICATION BY A REGISTERED
PROFESSIONAL ENGINEER THAT CERTAIN DEVELOPMENTS OR PROJECTS CONSTRUCTED WITHIN THE
CITY LIMITS OF THE CITY OF CLERMONT SHALL RETAIN ON THE SITE OF SAID PROJECT OR
DEVELOPMENT, A FIVE-YEAR RAINFALL: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH:
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR PUBLICATION
and the motion was seconded by Councilman Byrd. The ORDINANCE was read for a
second and final reading by City Attorney Vason, by title only, and upon roll call
vote on passage of the motion, the result was: Ayes: None. Nayes: Byrd, Schroedel,
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Smoak and Oswalt. Total Nayes: 4. The motion failed to carry.
Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (B) OF SECTION 20-9,
SUB-SECTION (C) OF SECTION 20-13 SUB-SECTION (B) (2) OF SECTION 26-28, SUB-SECTION
(B) OF SECTION 26-50, SUB-SECTION (A) OF SECTION 26-87, AND SUB-SECTION (C)
OF SECTION 26-100 OF THE CODE OF ORDINANCES: ESTABLISHING A RATE SCHEDULE OF
APPLICATIONS FOR ZONING VARIANCES, CHANGES OF ZONING, CONDITIONAL USE PERMITS, AND
PRELIMINARY PLAT AND FINAL PLAT APPROVAL FOR SUBDIVISIONS: REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR EFFECTIVE DATE:
AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading
by City Attorney Vason, by title only.
Nominations were submitted to fill the vacancy of Councilman in Group No.2
for the remainder of the first year of a to year term, or, January 14, 1975, as
follows:
Mr. Ben Blackburn
Mr. Henry Czech
Motion was duly made and seconded that the nominations be closed, and upon roll
call vote on the nominations as submitted, the:resu1t was: Blackburn: oswaltt
B rd and Smoak. Czech: Schroede1. Mr. Blackburn was thereb a ointed to fi1
the vacancy, and following the Oath of Office to be adm nlstered on November th,
shall assume the seat in Group No.2.
With regards inquiry of the City Manager of Counci1's desire to 'participate in
the Comprehensive Employment and Training Act inasmuch as the Emergency Employment
Act is to be terminated November 1st, motion was made by Councilman Schroede1,
and seconded by Councilman Byrd that the City enter into an agreement to
artici ate. U on roll call vote on assa e of the motion the result was:
Ates: Byrd, Schroedel. Total Ayes: Two. Nayes: Oswa t and Smoak. Total Nayes: Two.
T e motion failed to carry.
The meeting was adjourned by Mayor Smoak at 9:40 P. M.
Q~~/~/ M ~dl
Do ores W. Carrol , City Clerk
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C1 aude E. Smoak, Jr., ayor