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12-10-1974 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1090 A Regular Meeting of the City Council of the City of Clermont, Florida was held in the Council Chambers on Tuesday, December 10, 1974. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Blackburn, Byrd, Schroedel and Oswalt. City officials present were City Manager Hopkins, City Controller Fleming, Chief of Police Tynda1 and Deputy Clerk Dollar. Others present were: Mr. and Mrs. Robert Hanks and Messrs. S. Young, H. Young, Brant, Czech, Sargent, Narehood, Carter, J. Hanks, Bennett and McGahee. A representative of the Sentinel/Star was 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 on November 26, 1974 and the Special Meetings held on December 2, 1974 and December 4, 1974 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request of David Hendel for a Variance to Section 26-79-30 (b) of the Zoning Ordinance (SIGNS~HEIGHT, SETBACK AND LOCATION MEASUREMENTS) in order to construct a sign on a portion of Lot 2, in City Block 18. There was no one present from the floor who objected to the request. It was the consensus of Council that billboards along State Road 50 were not consistent with desired development for that area. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously carried that the request be denied. Mayor Smoak announced the next order of business to be a request by Hanks Electric Co., Inc. for a Variance to Section 26-25 (D) (l) (e) (4) (PERMITTED SIGNS IN A C-2 ZONE) of the Zoniang Ordinance in order to construct a sign on lots 9 and 11 in City Block 81. Mr. Robert Hanks appeared before Council in behalf of this request. There was no one present from the floor who objected to this request. It was consensus of Council that in view of the type of improvement that Hanks Electric Company has made to their property, which Council felt definitely enhances the appearance of the downtown area, that this variance be permitted. Motion was made by Councilman Schroedel, seconded by Councilman Byrd, and unanimously carried that the request for the variance in the size of the sign be granted. The following bids for one (1) 20 yard bulk refuse collection packer were considered by Council: Bennett Truck Equipment Co. Hei ntze 1 ma n Truck Center Southland Equipment Co. 1974 Truck & Packer (w/air operated PTO) $ 22470.00{Ford Garwood) (w/engine front mounted Hydraulic system 1975 Truck & Packer 25235.00 23695.00(GMC/ Garwood) $ 20409.29(Ford $ 20952.80 Pakmor (Ford EZ/Pack) w/air operated PTO w/engine front mounted Hydraulic system 23830.00 20601.50 26930.00 It was the recommendation of Director of Community Services Smythe, and with which the City Manager concurred, that the bid of Bennett Truck Equipment, Inc. for a 1974 Ford chassis with a Garwood Packer in the amount of $25,235.00 be accepted. Motion was made b Councilman Oswalt seconded b Councilman B rd and unanimous1 carried that the recommendation of D1rector of Community Servlces Smyt e be accepted . e e . MINUTES NQ 1091 and the bid for a UUFchassis with a Garwood Packer in the amount of $25,235.00 be awarded to Bennet Truck Equipment, Inc. and that the City Manager be instructed to proceed with acquiring the packer. Mr. Sanford Young of Biological Research, Inc. and consultant to the Lakes Improvement Committee, appeared before Council and gave a report which consisted of information on what had happened to the lakes, what can be done to correct their condition, what can be done to preclude a reoccurrence of the condition and the procedure necessary to acquire Federal Funds under the 208 Program. Mayor Smoak thanked Mr. Young for his presentation and expressed his appreciation of Mr. Young's interest in this project. In Mr. Young's presentation and subsequent discussion it was brought out that the students of the Biology Class of Clermont High School are involved in the methods used for dissolved solids determination in lake protection and restoration; however, their lab does not have the proper equipment to carry out the tests, which equipment would cost about $2,000. City Manger Hopkins was requested to investigate the possibility of the students using the sewer treatment plant lab facilities to carryon their tests. Mr. Dave Carter, of the Clermont High Schoo1,.appeared before Council with a request for permission to use Jenkins Auditorium for a Student Council Sponsored dance to be held on December 13, 1974 between 8 P. M. and 12 Midnight. Motion was made by Councilman Schroedel, seconded by Councilman Blackburn and unanimously carried that this request be granted, provided all the rules and regulations pertaining to dances held in the Auditorium are met. City Manager Hopkins reported that it was the desire of the Planning and Zoning Commission to have the members of the Lake Improvement Committee and the members of the City Council meet with them at their next meeting, January 7, 1975, to discuss On Site Water Retention of Storm Water Run-Off. Council was agreeable to attending this meeting, but it was the consensus that the meeting sub-committees should be formed from the three groups in order that more effective and productive recommendations can be formulated on reaching a solution to this problem. City Manager Hopkins was requested to include the Lakes Improvement Committee and the City Council on the P&Z Agenda for their January 7, 1975 meeting to discuss this subject. City Manager Hopkins called the Council's attention to a Course on uLand Use and Policy and Zoningll to be held at Lake Sumter Junior College beginning on Wednesday, January 6, 1975, taught by Ms Barbara Dorf. He felt that this course would be very beneficial to city officials involved in Planning and Zoning and recommended that any offica1s wh€Kattended and completed the course be reimbursed by the city for their tuition. The Council was in agreement with this expenditure under the conditions stipulated by City Manager Hopkins. With regards to information from Judge Richard W. Waters on the subject of the Municipal Judge's Association and the abolition of municipal courts, the Council requested that City Manager Hopkins invite Judge Waters to attend the next Council meeting on December 17, 1974 to discuss the matter. Mayor Smoak requested that City Attorney Vason be instructed to prepare a Resolution in support of the Municipal Judges' position for the next meeting. Mayor Smoak advised that City Attorney Vason was nofpresent because of the tragic accidental death of his father in an automobile accident, and requested that sincere sympathy and condolences be extended to the family from Council and the City Administration. Councilman Schroede1 requested a letter of thanks and appreciation be ~itten to Mr. Bob Wade of Wade Ford Company for the use of one of his cars in the Christmas parade. The matter was referred to City Manager Hopkins. . e e . MmUTIS NQ1092 Councilman Schrode1 reported on the Library Board meeting held on December 9th. He inquired if the City's pest control service covered the treatment of the ground for the proposed library addition and was advised by City Manager Hopkins that it did not. Mayor Smoak advised that the city would be glad to take care of this matter and referred it to City Manager Hopkins. Mayor Smoak requested City Manager Hopkins to compile a report for him to present to the League of Cities Tax Committee on December 17, 1974 showing where the city benefits from the $95,000 (2.555 mill rate) from the following, Sheriff's Department,Land- fill; SeGondary~~_ Highway Maintenance, Court System, Health Department, Mosquito Control, assessing and collection of taxes. The list of bills were presented for approval and the item of $808.00 from Singer- Layne Company (Reinstall Highland Well Pump) was questioned. The Council was advised by City Manager Hopkins that the $808.00 bill was for reinstalling the pump on the Highland Well. Mayor Smoak stated that since Singer-Layne had not met the specifications for dri11ing.~he well to a greater depth, he felt the city was not obligated for the full, maximum cost of $7225. He stated the specs called for 8 inch casing and a 1000 foot depth. The Contractor used 6 inch because of a1ighment problems and only drilled to only 914 feet. The matter was referred to City Manager Hopkins with instructions to get an evaluation from the engineer. The payment of $808.00 was withheld pending receipt of the requested evaluation. City Manager Hopkins read a communication from the Veterans of Foreign Wars wherein they requested use of the Clarence Bishop Field for the week of December 15th thru December 21st to sponsor a Carnival to raise money to pay for their sewer assessment. It was consensus of Council that more information was needed to make a determination on this request, whereupon motion was made by Councilman Oswalt, seconded by Councilman Byrd, and carried, that a Special Meeting be called for December 11,1974 for 5:00 P. M. in the City Manager's Office and Mr. Elbert Ritchie, Quartermaster of the Post be invited to attend so Council could obtain more information. Mayor Smoak then called a Special Meeting for December 11, 1974 at 5:00 P. M. to be held in the City Manager's Office to discuss the request of the Veterans of Foreign Wars. Councilman Oswalt offered and moved the adoption of a RESOLUTION applying for a loan from the Department of Pollution Control. The motion was seconded by Councilman Schroedel and unanimously carried. The Resolution was read, by title only, by City Manager Hopkins and the number 246 assigned to it. Councilman Schroede1 offered and moved the adoption of AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATIONS OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR 1974-75 AND MAKING APPROPRIATIONS THEREFORE, PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,FOR THE YEAR 1974 FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA and the motion was seconded by Councilman Oswalt. The ORDINANCE was read for a second and final reading, by title only, by Mayor Smoak and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Smoak, Schroede1, Byrd and Blackburn. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 70-M assigned to it. Councilman Oswalt introduced 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 CERTAIN PROPERTY DESCRIBED HEREIN FROM R1A ZONING CLASSIFICATION TO C2 AND M1 ZONING CLASSIFICATION; 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 Mayor Smoak, by title only. . e e . MINUTES NQ 1093 Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (C) (2) OF SECTION 26-22 OF THE CODE OF ORDINANCES; PROVIDING FOR MINIMUM LOT WIDTHS AND BUILDING SETBACK LINES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION; and the ORDINANCE was read for a first reading by City Manager Hopkins, by title only. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTIONS (E) AND (F) OF SECTION 26-22 OF APPENDIX A OF THE CODE OF ORDINANCES; PROVIDING FOR MAXIMUM AND MINIMUM BUILDING SETBACK REQUIREMENTS IN R3A, TOWNHOUSE RESIDENTIAL ZONING DISTRICTS; 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 Mayor Smoak, by title only. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (E) OF SECTION 26-23 OF THE CODE OF ORDINANCES; ESTABLISHING MINIMUM AND MAXIMUM BUILDING SET-BACK REQUIREMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION; and the ORDINANCE was read fora first reading by City Manager Hopkins, by title only. Actton on Dawkins & Associates, Inc. report on Interim-Measures-Eff1uent Disposal Wastewater Treatment Plant was postponed until the December 19, 1974 Council meeting so that Council would have time to review the report and make a determination. With regards the initial .draft of the lease between the City and George Hovis for rental of the lower floor of the City Hall building, the matter was deferred for discussion at the December 19, 1974 Council meeting. Mayor Smoak called a Special Meeting of Council to be held in the office of the City Manager on Monday, December 16, 1974 at 5:05 P. M. to authorize the official ballot of the GENERAL ELECTION RUN-OFF to be held on December 17, 1974. Mayor Smoak called a Special Meeting of Council to be held in the office of the City Manager on Wednesday, December 18, 1974 at 9:00 A. M. to canvass the ballot of the GENERAL ELECTION RUN-OFF to be held on December 17, 1974. City Clerk Carroll requested authorization for the following named persons to service on the Election Board for the GENERAL ELECTION RUN-OFF to be held on December 17, 1974 and, to make substitutions to the Board should it become necessary. Clerk: A. M. Johnson Inspectors: Mrs. Lillian Cork Mrs. Marion Fleming Mrs. Gertrude Hart . e e . MINUTES NQ 1094 Mrs. Catherine Hayes Mrs. Louisa Gotthard Mrs. Betty Kons1er Mrs. Goldie Wilson Mr. Coman Post Mr. George Smith Officer-of-the-Day: Mr. W. R. Hilliard Inspectors: The meeting was adjourned at 9:30 by Mayor Smoak. c11~r 7L ,(j..., (Lo ~. J Mildred Dollar, Deputy Clerk