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06-10-1975 Regular Meeting . e e - MrnUT~ NQ1153 REGULAR MEETING A Regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, June 10, 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, Byrd, Schroedel, and Oswalt. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, City Controller Fleming, and Chief of Police Tyndal. Others present were: Mrs. Ella Mae Sheldon and the Messrs. Czech and Matthews. 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 May 27, 1975 and of the Special Meeting held on May 29, 1975 ,were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request by D. R. Campfield of Leesburg Signs for a Variance to Section 26-79.4 (TEMPORARY IMPROVEMENT SIGNS) of the Zoning Ordinance in order to place a sign on property in Clermont Heights Subdivision owned by South Lake Plaza, Inc. There was no one present representing the petitioner, however, he had requested the variance in order to place a sign 64 square feet larger than allowed in order to be readable to the public from Highway #50. Inasmuch as a site plan for any proposed construction at this location had not been filed for Council1s consideration, which is required, and inasmuch as Council felt a sign at the proposed location would not be effective from the Highway \ regardless of size, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the request be denied. City Manager Hopkins reported as follows: That efforts were underway to employ one WSI certified supervisor/instructor and four instructors with a minimum of Senior Life Saving to conduct a summer swimming program at an estimated cost of $800.00, and inquired of Council as to their feelings regarding charging fees for the program and distinguishing between in-city and out-of-city residents. It was suggested by Mr. Hopkins that a fee of $2.00 be made for in-city and a $5.00 fee for out-of-city residents. Council was in agreement with the suggestion, and motion was tbereby made by Councilman Byrd, seconded by Council- man Oswalt and unanimously carried that the suggestion of fees made by City Manager Hopkins be accepted and he be authorized to proceed with finalization of details for the program. Inasmuch as it was not possible to determine the number of participants there would be in the program, Council further authorized City Manager Hopkins to expand the program with the employment of additional instructors, if there was need for more, or, to employ less than proposed, if that be the case. Mr. Hopkins also reported that the bulldozer work on the dike at the borrow pit had been completed this date; That installation of a spray irrigation system was underway on the Johnson property; That inasmuch as the vehicle inspection facility at the city barn did not provide an on-site testing area nor had a brake testing machine, as required by the state as of June lst, it would now be necessary to have all city vehicles inspected at the inspection station in Minneola; That effective June 11th, Mr. Harvey Nagel would be in charge of the newly created Community Development Department with charge of the Building Inspection and Code Enforcement programs, responsible directly to the City Manager, and, Mr. Bob Smythe would devote full time to Public Works, and, That Council and other city administration officials had been invited to tour the recent new addition of Cooper Memorial Library. Upon inquiry by Mayor Smoak, Messrs. Baird, Smythe and Czech, Chairmen of the Charter Revision, Building Code, and Planning and Zoning Commission respectively, reported finalization of recommendations by their committees was well underway and would be submitted for Council's study and consideration by the final meeting in June. Mayor Smoak advised it was his hope that following consideration by Council, an open town meeting could be held to discuss the proposed changes . e e . MINUTES NQ 1154 to the Charter, and then place such a question on the December Election Ballot for input from all voters of the city. Councilman Schroedel, liaison representative to the Cooper Memorial Library Board, reported that the new addition to the Library was almost complete and the Board was extending a special invitation to Council and city officials to tour the new addition of which they were quite proud. Mr. Schroedel further reported that the Library Board was requesting additional financial assistance from the city in the amount of $2,000.00, their immediate need between now and the end of the fiscal year on September 30th, and, respectfully requested that Council consider an increase from $15,000 to $17,000, the city's contribution to the Library, in the175-176 budget. Motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that any action on these requests be postponed until after the meeting of Council and Library Board to tour the new addition. Councilman Schroedel further advised that state financial assistance was available to libraries belonging to county library associations, but that none had ever been established in Lake County. It was the opinion of Councilman Byrd that the matter of the Clermont City Council establishing such a county association should be pursued in order to take advantage of available state monies for libraries, and City Attorney Baird agreed to investigate the matter. Counci lman Byrd~reqiJested that City Clerk Carroll research: past minutes as t()(lwhom it was reported to Council would be the donors for construction of tennis courts at the Elementary School and what portion they were to donate. City Clerk Carroll read a communication from Tom K. Dougherty wherein he felt that actions of City Council, sitting as a Board of Adjustment, were without authority in granting many variances inasmuch as, according to Council Meeting Minutes, it was not determined that a hardship to the petitioner would result if there were a literal enforcement of the zoning ordinance. He further inquired of Council's intentions, if this be the case. Council was not in agree- ment that this be the case at all, that their "Yes" and "No" votes on granting or denying variances had been fully and solely based on legitimate reasons submitted, and that no action on this inquiry was warranted. inasmuch as Mr. Dougherty had not mentioned specifics with documentation, however, Mayor Smoak agreed to meet and discuss this matter with Mr. Dougherty. Motion was made by Councilman Oswalt. seconded by Councilman Blackburn and r.arri~d that th~ bills b~ paid. Councilman Oswalt 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-l-A 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 Blackburn. The ORDINANCE was read for a second and final reading by City Clerk Carroll, by title only, and upon vote on the motion, the result was: Ayes: Oswalt, Byrd, Blackburn, Schroedel and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the number 129-C assigned to it. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 22-10 OF THE CODE OF ORDINANCES: DELETING THE SECOND SENTENCE OF SUBSECTION (a); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE and the ORDINANCE was read for a first reading by City Clerk Carroll, by title o~ly. . e e . MINUTES NQ 1155 Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 22-l0 OF.THE CODE OF ORDINANCES: PROVIDING FOR THE WORDS IIAND/OR CABII TO BE DISPLAYED: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 26-28 OF THE CODE OF ORDINANCES: PROHIBITING LOITERING: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read in full for a first reading by City Clerk Ca rro 11. City Manager Hopkins reported on a single bid received for approximately 85,700 square yards of slurry seal from the J & B Slurry Seal Company of Florida @ 35 t per square yard, and recommended that they be awarded the bid. Motion was made by Councilman Schroedel, seconded by Councilman Oswalt and unanimously carried that this recommendation be accepted and the bid be awarded to J & B Slurry Seal Company. Motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously carried that Cit Attorne Baird be re uested to re are the necessar RESOLUTION providing for a lump sum payment of 1322.88 from the cityls pension fund to A. M. Johnson for a deficiency in his monthly pension fund benefits @ $21.40 plus 6% interest from Januar 1 1971 thru June 30 1975, rovidmn for monthl benefits after June 30th @ 122.00 per month, as had been reported and recommended by the city's pension fund actuary, Dr. William M. Howard, due to a miscalculation of retirement pension benefits. With regards request by Mr. James R. Beasley to sel.l packaged ice cream products in Clermont's public parks, it was the recommendation of City Attorney Baird that Council inform Mr. Beasley that operating a business at a public park is prohibited. He further reported it was his opinion that Mr. Beasley could operate on the public streets, provided his operation adhered to the usual traffic rules and was not determined to be hazardous to the general flow of traffic. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that the recommendation of the City Attorney be accepted and Mr. Beasley be advised that his request is denied. The meeting was adjourned by Mayor Smoak at 9:30 P. M. OfltAA~ '0 (;~ Dolores W. Carroll, City Clerk clr!! bifN.yor ----- "------