11-12-1974 Regular Meeting
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MINUTES
NQ 1076
R:EX;UIAR MEET:m3
A Regular Meeting of the City Council of the City of Clemont was held in the Council
Chambers on Tuesday, Novanber 12, 1974. The rooeting was called to order at 7:30 P.M.
by Mayor Claude E. SrlDak, Jr. with the following nanbers present: Councilmen Byrd,
Schroedel and Oswalt. Other officials present were: City Manager Hopkins, City
Attorney Vason, City Clerk Carroll, Controller Fleming, Chief of Police Tyndal,
and Director of CCmnunity Services, Slrlfthe. Others present were: The Misses Beals;
Mesdanes Dean, SrlDak, Blackburn, and Oswalt; The Messrs. Prior, Sargent, Beals,
Czech, Judy, Rocker, Baird, Roberts, Stearns, Saunders, and nanbers of Boy Scount
Troop No. 784.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Oath of Office was administrated by Mayor SrlDak to Ben Blackburn, who was
i.mratiately seated as Councilman in Group No.2.
An addition to the minutes of the meeting held on October 22, 1974 was made as
follows: It was the Seventh Day Adventist Church that was granted a CUP for oonstruc-
tion of a church and camnmity service building, via Resolution No. 242. The Minutes
were then approved as written.
Mayor SrlDak announced the first order of business to be a Public Hearing to oonsider
request of The pacemaster Speedee Shop for a variance to Section 26-25 (D) (E) (4)
(SIGN IN A C-2 ZOOE) of the Zoning Ordiance in order to oonstruct a Marquee Sign
on IDts 12 and 14 in City Block 77. Mr. Janes Roberts, Jr., Vice-President of
PaceMaster, Inc. appeared before Council in behalf of this request. There was no
one present fran the floor who objected to the request, however, it was the opinion
of Councilman Blackburn that such a sign \O,Ould c::cmrercialize this part of town and
be detrinental to what the people of "Project Clern:ont" had strived for. l-btion
was made by Councilman ~, . seconded by Councilman Oswalt and carried that the
request be granted. CouncJ.lman Blackburn voted, Naye, on passage of the notion.
Mr. John Rocker appeared before Council and requested pennission to operate a
hcIre fuel oil business on property annexed to the city in 1972 south of Hwy 50 and
E of Hwy 27 which is zoned RlA. He further advised that the property owner would
request a Change of Zoning to allow such a business, but by the tine the request
had gone through regular channels, it \O,Ould be too late in the season for fuel oil
sales, and he hereby requested pennission for a variance to start operating imnediately.
It was the opinion of Mayor SrlDak that Council had been raniss in not having
already changed this renaining p:>rtion of the annexed area fran its RlA zoning to
that of C2 and thereby match the existing businesses and uses of this area with
its fonner c::cmrercial zoning status prior to annexation. City Attorney Vason advised
that granting such a request \O,Ould be the granting of a Use Variance, which, in
essence, is "Spot Zoning" and therefore not allowed. l-btion was made by Councilman
Oswalt, seconded by Councilman Schroedel and carried, that the request be denied.
Mayor SrlDak requested of Mr. Czech, Chainnan of the Planning and Zoning Ccmnission,
that the Ccmnission start inmediate study and make reccmnendations for Council's
oonsideration to change the existing zoning in this area to that of its best and
p:>ssible use, and nore in line with the existing businesses there.
City Manager Hopkins sul:mitted his rep:>rt, both orally and written, and a copy is
attached hereto.
With regards request of the Lake County league of Cities for a representative
fran Clemont to serve on a ccmnittee with representatives fran the other rrnmicipalities
in making an appeal to the Lake County Carmission for relief fran double taxation
to. rrnmicipal residents in furnishing services to out-of-town residents, notion was
made by Councilman Oswalt, seconded by Councilman Schroedel and carried that Mayor
SrlDak be appointed.
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MINUTES
NQ lU77
City Manager Hopkins reported that Mrs. Evelyn G. Townsend of Astatula, who has
a long recon1 of dog obedience training, shall be conducting dog obedience classes
on f.bnday evenings fran 7 to 8: 00 P.M. at Bishop Field for a period of nine weeks
beginning on Novercber 18th, and, that with respect the infonnation received this
date fran J:t>nal:1 F. Stephens" Tax Assessor, wherein the millage for ClentD1lt had
been certified @ 5.13 which will generate the sane anount of noney that was
generated this year excluding new properties that went on the tax roll this past
year, he had reviewed the budget docu1rent which was prepared in a tentative status,
carparing it with these tigures,and found no objection to going along with the
millage as certified by Mr. Stephens.
With regards the second regularly scheduled council neeting in Decanber falling
on Christmas Eve, notion was nade by Councilman Byrd, seconded by Councilman
Oswalt and carried that thisneeting be held on DecEmber 19th .
Controller Fleming reported as follows: That following the signing of a recent
bill by President Ford, to becareeffective Novercber 27th, savings of public
funds in federal savings and loan associations will be insured up to $100,000 by
the federal gover.nment which will make it much easier for the city to earn
noney on alm:>st all its revenues with the two existing savings and loan finns
in the city thereby pennitting a maximum of $200,000 for invesbrents insured by the
federal govermnent; and, That he was highly pleased with the City Attorney's efforts
in the collection of approximately 50% of outstanding delinquent paving assessments.
Councilman Schroed.el expressed appreciation to the Public ~rks Department for the
installation of a railing on the Lake. Winona Canal Btiuge and the striping of a
center line across the bridge.
M:>ti.on was nade by Councilman Schroedel, seconded by Councilman Byrd and carried
that the bills be paid.
Mayor SnDak announced that Council ~uld ncM consider the final plat review of the
proposed Dickson Shores .Subd.ivision. City Manager Hopkins reported that, through
an oversight, an inset map of the proposed subdivision in relation to its surrounding
areas had not been subnitted with the preliminal:y plat, but that the developer
had been made aware of this requirement and had agreed to furnish same, whereupon
notion was made by Councilman Blackburn, seconded by Councilman Oswalt and carried
that the final plan of Dickson Shores Subdivision be accepted.
Councilman Oswalt offered and noved the adoption of a RESOIm'ION amending the Io.1A
Retirement Corporation's Deferred Canpensation Plan in order to sinplify the
administration of the plan. The notion was seconded by Councilman J;Jytdand .'
unani.nDusly carried. The RESOLUl'ION was read in full by City Attorney Vason and
the nunber 244 assigned to it.
Councilman Oswalt offered and noved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLEIM:NI', lAKE CXXJNTY, FIDRIDA, AOOPl'ING THE GENERAL
OPERATIONS BtJIXiEI' FOR THE CITY OF CLEIM)NI' FOR THE FISCAL YEAR 1974-75; AUTHORIZJN;
REX::EIPl'S AND DISBURSEMENTS CONl'AINED THEREIN: REPEALING ALL ORDINANCES IN <X>NFLIcr
HEREWITH: PROVIDJN; FOR SEVERABILITY: ProvIDING AN EF'FECl'IVE DATE: AND ProvIDJN;
FOR PUBLICATION and the notion was seconded by Councilman Byrd. 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 notion, the result was: Ayes: Oswalt, SnDak,
Schroedel, Byrd and Blackburn. 'Ibtal Ayes: Five. Nayes: None. So the ORDINANCE
was adopted and the number 65-M assigned to it.
Councilman Oswalt offered and rroved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLEIM)NT, lAKE CXXJNTY, FIDRIDA, AOOP!'IN:; THE WATER AND
SEWER DEPARIMENT BUOOET FOR THE CITY OF CLERMJNI' FOR THE FISCAL YEAR 1974-75;
AUI'HORIZJN; ROCEIPl'S AND DISBURSEMENTS CONI'AINED THEREIN; REPEALING ALL ORDINANCES
AND DISBURSEMENTS CONI'AINED THEREIN; RE:PEAI.ThK3 ALL ORDINANCES IN CXJNFLICl' HEREWITH:
ProvIDJN; FOR SEVERABILITY: ProvIDING AN EF'FECl'IVE DATE: AND PROVIDING FOR PUBLICATION
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MINUTES
NQ 1078
and the notion was seoonded by Councilman Schroedel. 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 notion, the result was: Ayes: Blackburn, Byrd; Schroedel,
Oswalt and Soc>ak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted
and the Number 66-M assigned to it.
Councilman Byrd offered and noved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLEIM:Nl', IAKE OXJNTY, FIDRIDA, . CIDSnl; AND PEIM\NENI'LY
ABANI:X:')NIN; JUNIATA STREE1' BE'IWEEN THE FASTERLY RIGHT-OF-WAY LINE OF SEXnID STREE1'
AND THE WESTERLY RIGHT-OF-WAY LINE OF EAST AVENUE, AS S:H<liN ON' THE OFFICIAL MAP
OF '!HE CITY OF CLEIM:Nl', RECORDED IN PIAT BX>K 8, PAGE'S 17 TIIR.)U;H 23, noIJSIVE,
PUBLIC RECORDS OF IAKE OXJNTY, FIDRIDA: pROVIJ)nl; AN ~IVE DATE: AND PROVIDnl;
FOR PUBLICATION' and the notion was seconded by Councilman Blackburn. 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 notion, the result was: Ayes: Oswalt, ~,
Byrd, Blackburn and Snoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was
adopted and the Number 67-M assigned to it. ~,
Councilman Schroedel introduced AN ~ ORDINANCE UNDER THE roDE OF ORDINANCES
OF THE CITY OF CLEIM:Nl', IAKE OXJNTY, FIDRIDA, AOOPl'nl; THE GENERAL OPERATIONS
BUIX2ET FOR THE CITY OF CLEIM:Nl' FOR THE FISCAL YEAR 1974-75: AUTHORIZnl; ROCEIPl'S
AND DISBURSEMENTS CXNl'AINED '!HEREIN: REPF..AJ:JN; ALL ORDINANCES IN OONFLICl' HERE.WITH:
PROVIDnl; FOR SEVERABILITY: AND PROVID:JR; AN ~IVE DATE and the ORDINANCE .was
read for a first tine by City Attorney Vason by title only.
Councilman Oswalt offered and noved the adoption of THE ~ ORDINANCE as
introduced and described inmediatelyabove, and the notion 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 notion,
the result was: Ayes: Blackburn, Byrd, Schroedel, Oswalt and SrrDak. Total Ayes: Five.
Nayes: None. So the ~ ORDINANCE was adopted and the Number 68-M assigned
to it.
Councilman Byrd introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF ~, IAKE COUNTY, FIDRIDA, AJ)()Pl']N:; THE WATER AND SEWER DEPAR'IMENT
BUDGET FOR THE CITY OF CLEIM:Nl' FOR THE FISCAL YEAR 1974-75: AUTHORIZ:JR; ROCEIPl'S
AND DISBURSEMEm'S CXNl'AINED '!HEREIN: REPF..AJ:JN; ALL ORDINANCES IN OONFLICl' HERE.WITH:
PRNIDnl; FOR SEVERABILITY: P:oov:IDnl; AN :E:FFK:TIVE DATE and the ORDINANCE was read
for a first reading by City Attorney Vason by title only.
Councilman Oswalt offered. and noved the adoption of THE EMERGENCY ORDINANCE as
introduced and described i.mra:Iaitely above, and the notion was seconded by Councilman
Schroedel. The EMERGENCY 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 notion
the result was: Ayes: Schroedel, Blackburn, Byrd, Oswalt and Soc>ak. Total Ayes:
Five: Nayes: None. So THE ~ ORDINANCE was adopted and the Number 69-M
assigned to it.
Councilman Oswalt offered and noved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLEIM:Nl', IAKE OXJNTY, FIDRIDA, AMENDnl; SUB-SECl'ION (B)
OF SECl'ION' 20-9, SUB-SECI'ION' (C) OF SECI'ION' 20-13, SUB-SECl'ION' (B) (2) OF SECI'ION'
26-68, SUB-SECl'ION' (B) OF SECl'ION' 26":'50, SUB-SECI'ION (A) OF SECI'ION 26-87, AND
SUB-SECl'ION' (C) OF SECl'I0N' 26-100 OF THE CODE OF ORDINANCES: ESTABLISHIro A RATE
SOIE:DULE OF APPLICATIONS FOR ~ VARI.AN::E'.S, CHANGES OF ZONIN3, CONDITIONAL USE
PERMITS, AND PRELIMINARY PIAT AND FINAL PIAT APPROVAL FOR SUBDIVISIONS: REPF..AJ:JN;
ALL ORDINANCES IN OONFLICl' HERE.WITH: PRNIDnl; FOR SEVERABILITY: PROVIDnl; AN
:E:FFK:TIVE DATE: AND PROVIDnl; FOR PUBLICATION' and the notion was seconded by
Councilman Schroedel. 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 notion the
result was: Ayes: Byrd, Blackburn, Oswalt, Schroedel and Soc>ak. Total Ayes: Five.
Nayes: None. So the ORDINANCE was adopted and the Number l23-C assigned to it.
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MINUTES
NQ 1079
With regards COl.mcil's review of the schematic plans sulmitted for the proposed
addition to the city hall building as prepared by Nick Jones, Architect, there was
no objection to the plans, however it was the suggestion of Mayor Slroak. that further
consideration be deferred until a finn carmitment is obtained fran the present
tenants as to their intentions for continuing to rent a portion of the building.
With regards Council's review of the plans sulmitted for the proposed construction
of a swimning pier at Jaycee Beach, Mr . Jones advised that in his experience with
applying for grant nonies for projects such as this and which was the intention
of Council, that at least two or three options s1x>uld be sulmitted when making
application, and that these plans which he was sulmitting for Council's pemsal
were of rough draft and to be used as a guide to obtain sarething rrore definite
fran Council as to their desires, that probably no nore than $20.00 had been expended
todate in the preparation of these. Council was in agrearent with the concept drawing
as presented, and notion was made by Councilman Byrd, seconded by Councilman Schroedel
and carried that Mr. Jones contin~ with further drawings and cost estimates up
to time of application, as autb::>rl.ted in the agrearent with Mr. Jones on Septanber
24th at a fee not to exceed $300.00.
Mayor Slroak. inquired of the various cha.iJ:men of ocmnittees appointed to study
and report on the changes needed to be made in order to bring the Charter and Code
of Ordinances up todate and in confonnity with the :EIcme Rule Act, and they reported
favorably and pleased with the progress todate a.s being on schedule for canpletion
within the tine fraIre as had been requested. City Attorney Vason reported the
Criminal Code Camri.ttee would hold their initial meeting on Thursday, Nova:nber 14th,
but with the necessary requirements already specified in the State Statutes, their
suggested revisions would be less time consuming to prepare than possibly the other
ocmnittees and he felt reasonably sure their recc:mrendations would ready within
the specified tine fraIre.
With regards the engineering report on wastewater collection system to serve
the Minnehaha Estates Subdivision as sulmitted earlier to Council by Dawkins and
Associates, Inc. notion was made by Councilman Byrd, seconded by Councilman Schroedel
and unaniIrously carried that the City Council adopt this report and plan to ilrplement
recc:mrendations contained therein at an early date .
M::>tion was made by Councilman Byrd, seconded by Councilman Schroedel and unanim:>usly
carried that the City Council authorize the engineers to proceed with the necessary
field surveys and preparation of final plans for construction of this wastewater
collection system to serve the Minnehaha Estates SUbdivision.
With regards the letter of October 15th fran W. K. Hem.essey, Director of the Lake
County Pollution Control Board, wherein he advised of the Board's actions concerning
the city's effluent disposal problem, whereby the city be granted a 6 nonths Variance
and that it be stipulated that the pollution control officer-ana~the::,city wOrk 'v~
closely with their progress as to grading, reducing ponding, and the engineering
report; and the pollution control officer review the engineering report and bring it
back to the Board, Mayor Slroak. reported that he had attended a meeting of the ICPCB on
M::>nday night and had been infoIm:d that "the city would not be granted a temporary
operating pennit, that the city would, in fact, be granted a full operating pennit
for the tenn of two years-the State Department of Pollution Control felt that the
temporary operating pennit was top-beavy and unnecessary in this particular case-the
Pollution Control Officer, Mr. Hermessey, of the County, concurred, and the
city will, in fact, get an operating pennit as opposed to a temporary operating pennit.
The engineering report that has been requested by the County is primarily a soil
analysis of what we have out there-the total area that we're using in tenns of
acreage-the arrount of gallonage that we're putting on that acreage-the engineer's
recc:mrendation as to the best distribution of that gallonage over that acreage
over a given period of time-the engineer's reccmrendation as to an evaluation as to
the loading factor on it-these are the specific things that they mentioned that
they would like to see the City of Clenront present to Mr. Hennessey who will in
turn report back to his Board with, and I 'WOuld reccmrend to Council that Mr. Hopkins
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MINUTES
NQ 1080
be authorized to oontact the city's epgineers-set up a preliminary meeting with
them to review the request of the Pollution Control Board-and I would request
that when this meeting takes place, that I would be in attendance." M:>tion was made
by Councilman Byrd, seconded by Cotmcilman Schroedel and carried that City Manager
Hopkins arrange for a meeting with the city's engineers, the Mayor and himself,
to oonsider what the Lake Cotmty Pollution Control Board wants.
City Manager Hopkins requested authorization to have 189 trees raroved fran the
property adjacent to the treat:nent plant which is being used for spray irrigation
@ a oost of $614.25, bJwever Mayor ~ suggested that this be held off tmtil the
next scheduled meeting in order that the engineers be aware of all that's done
on that property prior to doing anything on it, and there was no action taken.
With regards the certified tax millage of 5.13 mills for Clernont as certified
by IX>nald E. Stephens, Tax Assessor, notion was made ~ Cotmcilman Schroedel,
seconded by Councilman Byrd and unaninously carried t this figure be accepted.
M:>tion was made by Cotmcilman Byrd, seconded by Cotmcilman Blackburn and carried that
City Attorney Vason be instructed to prepare the necessary. RESOImIOO to forward to
Mr. Stephens wherein the Cotmcil accepts the millage rate of 5.13 mills.
Cotmcilman Oswalt offered and noved the adoption of a RESOLUl'IOO OF THE CITY COUNCll.
OF THE CITY OF CLEIM:NI', IAKE <XlUN'IY, FIDRIDA, AOOPl'~ THE AD VAIDREM TAX RATE OF
5.13 MILLS FOR IJNY AND ASSESSMENT AGAINST REAL proPERTIES WITHIN THE CITY OF
CLEIM:NI' FOR THE YEAR 1974 and the notion was seconded by Cotmcilman Byrd and
unan.i.m:msly carried. The RESOImIOO was read in full by City Attorney Vason and
the Number 245 assigned to it.
City Clerk Carroll requested authorization for the following named persons to
serve on the Election Board for the General Election to be held on Dcanber 3, 1974,
and, to make substitutions to the Board should it becane necessary.
Clerk
A. M. Johnson
Inspectors
Mrs. Marion Flaning
Mrs. Goldie Wilson
Mrs. Lillian Cork
Mrs. Gertrude Hart
Mrs. Catherine Hayes
Mrs. Louisa Gotthard
Mrs. Betty Konsler
Mr. Canan Post
Mr. Jim lord
Mr. George Smith
Officer-of-the-Day
Mr. W. R. Hilliard
M:>tion was made by Councilman Oswalt, seconded by Councilman Schroedel and unaninously
carried that this request be granted.
Councilman Schroedel reported that inasnuch as the Council Roan is used regularly by
various state agencies, it was his opinion there should be a state flag on display
in the roan, whereupon he noved that City Manager Hopkins be authorized to purchase
one. The notion was seconded by Councilman Oswalt and unaninously carried.
Mayor ~ called a Special Meeting of Cotmcil to be held in the office of the
City Manager on M:>nda.y, Novenber 18, 1974 at 5:05 P.M. to verify the petitions of
candidates and to authorize the offical ballot of the General Election to be held
on December 3, 1974.
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MINUTES
NQ 1081
The ~ting was adjourned at 9:50 P. M. by Mayor Srroak.
Clmxie r!{ bd;)
0t14/ff~ L ;;AA~/f
[blores W. Carroll, City Clerk