04-15-1975 Regular Meeting
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MINUTES
NQ 1135
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, April 15, 1975. The meeting was called to order at 7:30 P. M.
by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Blackburn,
Schroedel, Byrd and Oswalt. Other officials present were: City Attorney Baird,
City Clerk Carroll, Acting City Manager Smythe, and Chief of Police Tyndal. Others
present were The Messrs. Czech and Wolfe. Representative of the Sentinel/Star and
the Daily Commercial 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 requested that an addition be made to the Minutes of the Meeting held
April 8, 1975 with regards Variance Requests as follows: "That Mayor Smoak requested
that the city administration review the ordinance which requires a Variance on
non-livable structures or other permanent improvements or structures in the set-
back areas (rear and side) and report back to the City Council." The Minutes of
the Meeting held April 8, 1975 were then approved as amended.
Mayor Smoak announced the first order of business to be a continuation of the Public
Hearing to consider request by Clermont Builders Supply, Inc. for the closing of a
portion of Osceola Street. Having been requested to research the legality of the
cityls right to restrict the flow of traffic on an open street, such as this, City
Attorney Baird reported the alternatives were to either close the street or leave
it open with regulations for the traffic such as speed controls, warning signs, etc.
Councilman Oswalt reported he saw no reason why the street shouldn't be closed
in view of the fact that it is adjoining property and there will not be parties
involved that will be cut-off from the street by its closing, and he doubted that
the city would anticipate opening the street for any purpose in forseeable future.
Mayor Smoak inquired of City Attorney Baird with regards his opinion that "Exclusion
of traffic on the subject street would necessarily also apply to Mr. Wolfe's
vehicles, otherwise the city would be restricting traffic not for the public interest,
but rather for a private interest", would it not, in fact, be in the public interest
to restrict traffic on that street as a thoroughfare from a safety standpoint, and
Mr. Baird replied there was the possibility that the statutes which he researched
and quoted to Council could be interpreted in that manner, but he advised that if
the city is benefitting a private interest to the exclusion of public interest,
then the Council would be acting above their authority. Mayor Smoak reported he
previously objected to the closing of this street primarily because it was located
in a Transition Zone, however, based on the opinion of the City Attorney, he now
felt there was no specific need for the street and he would thereby be in favor of
its closing, subject to retainment of the necessary easement$.
It was the opinion of Councilman Schroedel that the city should not be giving away
approximately one-half acre of land which has been deeded to the city, and he would
be in favor of accepting the alternative as submitted by the City Attorney that the
street be left open, but with stringent regulations for the traffic such as speed
controls and warning signs, etc.
Councilman Blackburn inquired of City Attorney Baird that should the city close the
street, but retain a blanket utility easement of 60 feet, could the city at some
future date utilize the 601 easement for a street, and he was advised that they could
not unless the easement granted had specifically stated it was for right-of-way.
Motion was made by Councilman Blackburn that the request for clo~inq a portion of
Usceola Street be granted with the retainment of a blanket easement for utilities
over tne bU teet now occupled by Osceola Street, and within the easement. stipulating
that at a tuture date lf the city needs to reacquire right-o-wav for street purposes,
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MINUTES
NQ 1136
that they may do so. The motion died for lack of a second.
Councilman Byrd reported he had contacted Mr. Wolfe with regards his request and
had been advised that if this area were ever developed for R-3 property, that it
was conceivable that he and his family would do the developing, and that if they
chose to develop it, he would still request that the street be closed inasmuch
as he felt it would make a better development with it closed than with it open to
thru traffic. He reported that Mr. Wolfe still further indicated his willingness
in 1983 to give up the privilege of closing it which would give the city an option
to buy the property back for one dollar, and he therefore felt Mr. Wolfels concern
was to strictly get the traffic off the street and allow him to move from one side
of the street to the other to his business properties. Mr. Byrd further advised
that he felt with a lake on one end of the street and the cityls sewage treatment
plant on the other, there would be no need for opening and improving the street,
and he would therefore be in favor of the request for closing.
Motion was then made by Councilman Oswalt, seconded by Councilman Byrd and carried
that City Attorney Baird be instructed to prepare the necessary legal document to
close the street for consideration by Council. Councilman Schroedel voted, Naye, on
passage of the motion.
Acting City Manager Smythe reported as follows: That an extension of posts on the
easterly end of Jaycee Beach had been ~mpleted to delineate the parking area; That
the grill at the Friendship Circle on Center Lake which had been partially destroyed
by vandalism, had been rebuilt; That extra effort in trash pickup was being made
at this time, and, That he was submitting a report on the extent of the city's
expenditures for air conditioning and electrical repair costs for approximately
3~ years on air conditioning and l~ years on electrical repairs, as well as a copy
of the bid notice where the city is readvertising for bids on air conditioning
maintenance service due to the recent untimely death of the successful bid holder,
John Harden.
Mayor Smoak reminded Council of the League of Cities meeting to be held on Wednesday
night, April 16th in the community building at Umatilla beginning at 7:00 P. M.,
and, that he appeared before the Pollution Control Board of Lake County last evening
to request a continuance of the variance under which the city is operating the
sanitary sewer plant and that it had been the unanimous vote of the Board that
Clermont be granted an additional eight month variance to meet the requirements
as specified by the State Department of Pollution Control.
Councilman Schroedel reported briefly on the Library Board Meeting which he had
attended on Monday, and their satisfaction with the expansion project presently underway.
With regards Mayor Smoakls request of the City Attorney as to the possibilities of
changing the county precinct boundaries to conform to the municipal boundaries,
it was the recommendation of Mr. Baird that the city file a written request to
the Board of County Commissioners and the Superintendent of Elections, He further
recommended that it would be advisable to inqui~of any costs to the city for this
inasmuch as it appeared to him that the city would be required to bear at least a
portion of the costs involved. Motion was made by Councilman Byrd that the Mayor be
authorized to represent the city in filing a written request to the County Commission-
ers and the Superintendent of Elections to have the precincts.: changed so that they
conform to the municipal boundaries subject to a review of the costs involved. The
motion was seconded by Councilman Schroedel and unanimously carried.
Upon inquiry of City Attorney Baird as to any further report on the Baker well, he
advised that counsel for Mr. Baker, Attorney Carl Duncan, would be' out of town for
the next three weeks, but upon his return, would recontact Mr. Baird regarding the
city/Baker lease agreement.
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MINUTES
NQ 1137
Following contact by City Manager Hopkins with the principals of Landseair regarding
certain stipulations to be incorporated in a proposed lease agreement as requested
by Council, City Attorney Baird advised that he had prepared a lease agreement for
Council IS consideration. Council was in accord with the Lease Agreement between
the City of Clermont and Landseair Travel Agents, Inc. on property described as
Lot 19 in City Block 80, as prepared by City Attorney Baird, whereupon motion was
made by Councilman Byrd, seconded by Councilman Blackburn and carried that the
[ease Agreement be accepted and Mayor Smoak be authorized to execute same.
Inasmuch as there were numerous and varied opinions offered verbally by Council
members with regards the matter of on-site water retelltion~ itr;wasilthel-suggestion
of Mayor Smoak that each member consider the matter further and then contain
their thoughts/ideas in writing for consideration by Council at a later date.
Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried
that this matter be postponed until the 2nd regular meeting to be held in May.
With regards the proposed agreement from Greenlee, Paul & Furnas for auditing
services, it was consensus of Council that inasmuch as both the City Manager and the
Controller were out of town and unable to be present to respond to any questions
which Council might have, that this matter be postponed until the second regular
meeting in May. City Clerk Carroll was instructed to invite Mr. Greenlee to this
meeting also in order that he might respond to any questions which Council might have.
With regards appointment to the Building Board of Appeals to fill the unexpired
term of Willie E. Creech, motion was made by Councilman Byrd, seconded by Councilman
Blackburn and unanimously carried that Mr. Henry Czech be appointed to membership
on this Board, such term expiring in December '75.
With regards a description of job functions desired of the City Attorney by Council
in order that a written agreement might be drawn, a list of legal services and
functions for such a position as prepared by the National Institute of Municipal
Law Officers in the Model Administrative Code was submitted for discussion and
consideration. In addition to all points listed in the model code, which were
agreeable to both Council and the City Attorney, the following were suggested to be
incorporated into the proposed agreement: App()intment:of!;th~ C1.ty'Attorney-:tobe for
a one year term; The inclusion that the City Attorney shall attend an~/all City
Board and/or Commission Meetings if so requested by Council; and, That instruments
requiring Council action only be prepared following instruction by Councilor its
individual members. Motion was made by Councilman Blackburn, seconded by Councilman
Oswalt and unanimously carried that City Attorney Baird be requested to prepare a-
proposed agreement incorporating the above, for Council's consideration at the next
meeting.
The final replat of Lots 14 and 15 in Block A.of Oakhill Cemetery Second Addition,
such portion to be used for cremorials, was submitted for Council's review and con-
sideration. Motion was made by Councilman Byrd, seconded by Councilman Schroedel
and unanimously carried that the replat be accepted as presented and the necessary
steps be taken for recording of same~
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Councilman Byrd introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EQUALIZING SPECIAL SEWER ASSESSMENTS,
LEVYING THE SAME AS ASSESSMENTS AGAINST THE RESPECTIVE PROPERTIES DIRECTING THE CITY
CLERK TO RECORD THE ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK, ESTABLISHING THE
PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE
and the ORDINANCE was read for a first reading, by title only, by Mayor Smoak.
Councilman Oswalt offered and moved the adoption of AN EMERGENCY ORDINANCE, as
detailed above, and the motion was seconded by Councilman Blackburn. The EMERGENCY
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NQ 1138
ORDINANCE was read for a second and final reading, by title only, by Mayor Smoak,
ana upon roll call vote on passage of the motion the result was: Ayes: Oswalt,
Byrd, Schroedel, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the
EMERGENCY ORDINANCE was adopted and the number 73-M assigned to it.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EQUALIZING SPECIAL SEWER ASSESSMENTS,
LEVYING THE SAME AS ASSESSMENTS AGAINST THE RESPECTIVE PROPERTIES: DIRECTING THE
CITY CLERK TO RECORD THE ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK, ESTABLISHING
THE PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST: 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
title only, by Mayor Smoak.
The meeting was adjourned at 9:30 P. M. by Mayor Smoak.
tJt4-,,~
alaude E. Smoak, Jr., Mayor
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Do ores W. Carroll, City Clerk