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06-24-1975 Regular Meeting . e e . MINUTES REGULAR MEETI NG NQll60 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, June 24, 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 Manager Hopkins, City Clerk Carroll, City Controller Fleming, Director of Community Services Smythe, and Building Official Nagel. Others present were: Miss Susan Thomas, Mesdames Thomas, Hobbs, David, Mr. and Mrs. Sylvester Jones, and the Messrs. Robertson, Sargent, Czech, Ratti and Waele. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. Mayor Smoak requested an addition to the Minutes of the meeting held on June 17, 1975 as follows: With regards his reason for voting, Naye, on passage of a motion that Section 11-22 of the Code of Ordinances not be amended to include tree maintenance, "it was to reflect the feeling of the City Manager in that he was in concurrence that something be stated in the ordinance that the city is not responsible for maintaining trees that are adjacent to private property and used as part and parcel to the persons yard." The minutes were further amended that it was Mr. Joe Knight of the Lake County Planning Department who was present, and not Mr. Willett. The Minutes were then approved as amended. Mayor Smoak announced the first order of business to be a Public Hearing to consider the request of Mark V Ltd., Inc. for a Variance to Section 26-45 of the Zoning Ordinance (SIDE YARD ON CORNER LOTS) in order to construct a residence on Lot 1 in Block 1 of Woodlawn Subdivision. Mr. Gino Ratti appeared before Council in behalf of the request and advised he was requesting the variance in order to construct one of their Standard Model Number 3152 Tiffany 1 dwellings, which would be a savings to the property owners, on the lot, but which would intrude into the required front yard set-back by 4 ft. 8 inches. Upon inqury by Council if the house could be redesigned in order to comply with existing set-back requirements, Mr. Ratti replied that it could, but that it would be at a greater cost to the property owners inasmuch as the dwelling would then be of a custom design and not one of their standard models. Upon examination of the plot plan as submitted wherein it placed the front of the house facing DeSoto Street leaving only 7 feet for the rear yard, Mr. Hopkins advised that this did not meet the required set-back for rear yards and would therefore not be acceptable. It was determined however, that the house could be constructed on the lot wherein it would face Scott Street and thereby meeting the set-back requirements. In view of the plan as proposed not meeting the required rear yard setback requirements, motion was 'made by Councilman Oswalt, seconded by Councilman Schroedel and carried that the request be denied. City Manager Hopkins reported he had received a request from the Lake County School Board Administration for financial assistance in the amount of $1500.00 to complete funding for the fencing at the tennis courts located at the Elementary School. It was the opinion of Mayor Smoak" and Council was in agreement~ that City Manager Hopkins contact the School Board Attorney for a commitment in writing as to the privileges of the taxpayers in Clermont in use of the courts; as to whom shall be responsible for the insurance liabilities, and, if and when there is lighting installed at the courts, as to whom shall be responsible for paying for the electricity, before any action is taken on such a request. Mayor Smoak further advised of possible Bi-Centennial funds available for projects such as this, should they be investigated. City Manager Hopkins reported on a request received from Michael L. Short, manager of the local McDonaldls wherein he requested permission to use the vacant lot adjacent to Jenkins Auditorium on the east to stage a carnival for Muscular Dystrophy. Mr. Hopkins advised Council that this property in question was privately owned and merely maintained by the city as a small park through oral agreement of the owner. In view of this, motion was made by Councilman Oswalt, seconded by Councilman Bl ackburn and carrl e a 1 ana er 0 rt . _ ort of j:,hJ~., and be authori zed to offer assi stance 1 n 1 n 1 nq a SUl ta e ocatlon on ,ci ty property and grant permi s s i on to use same for such a worthy cause. . e e '. MINUTES NQ 1161 It was the the opinion of Mayor Smoak that inasmuch as attempts at negotiating with Mr. W. E. Baker regarding a re-negotiation of the Lease Agreement between he and the city of December 11, 1968 had been unsuccessful, that Council should take an affirmative position and notify Mr. Baker as follows: That City Council is willing to honor the initial lease wherein Mr. Baker be billed for $200.00 per year less the $100.00 per year obligated by the city, and that the company leasing the lOOO gallon fuel tank to the city be requested to remove it. It was final consensus of Council however, that City Attorney Baird be requested to submit a legal opinion on the city's position and his recorrmenda- tions before any action is taken. Mayor Smoak reminded council of another budget consideration workshop meeting to be held in the office of the City Manager on Wednesday, June 25th at 7:30 P. M. Councilman Schroedel advised he thought the city Accident Review Board, as chairmaned by Building Official Nagel, was doing a very corrmendable job and should be forwarded a letter of commendation from Council. Council was in agreemept with this and City Manager Hopkins agreed to so advise Mr. Nagel. . Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the bills be paid. With regards the Police Department obtaining meals for prisoners from the Crest and Kidder's Restaurants, it was the suggestion of Mayor Smoak that The Burger Castle be approached as to their desire for also participating. Councilman Oswalt offered and moved the adoption of 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: PROVIDNG FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE and the motion was seconded by Councilman Blackburn. The ORDINANCE was read for a second and final readmng, by title only, by City Clerk Carroll and upon roll call vote on passage of the motion, the result was Ayes: Blackburn, Schroedel, Byrd, Oswalt and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number l32-C assigned to it and a copy ordered posted. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 22-10 OF THE CODE OF ORDINANCES: PROVIDING FOR THE WORDS "AND/OR CAB I TO BE DISPLAYED: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AND EFFECTIVE DATE and the motion was seconded by Councilman Blackburn. The ORDINANCE was read for a second and final reading, by title only, by City Clerk Carroll and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Schroedel, Byrd, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 133-C assigned to it. Councilman Blackburn offered and moved the adoption of 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 upon same being amended by striking out the term, Eastern Standard Time, and the motion was seconded by Councilman Schroedel. Durin9 the discussion of the proposed ordinance, Councilman"Byrd ad~isedthat hedid'not f feel the existing curfew ordinance was unduly restricted and he therefore saw no reason for its being amended, and, that inasmuch as a typographical error had been made in the ordinance at time of its first reading, he would request.. ,. the ordinance be read in full. City ClerR Carroll read the Ordinance in full for its second and final reading, and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Schroedel and Smoak. Total Ayes: Three. Nayes: Byrd and Oswalt. Total Nayes: Two. So the ORDINANCE was adopted, the number 134-C assigned to it and a copyodered posted. Councilman Oswalt offered and moved the adoption of a RESOLUTION wherein the Trustee for the Clermont General Employees Pension Plan be authorized and directed . e e . MINUTES NQ 1162 to pay the sum of $1,322.88 in a lump sum payment to A. M. Johnson as underpayment of retirement pension, and the sum of $122.00 each month beginning July 1, 1975, and the motion was seconded by Councilman Byrd and unanimously carried. The RESOLUTION was read in full by City Clerk Carroll and the Number 257 assigned to it. City Manager Hopkins reported that Bob Wade of Bob Wade Ford had advised of an interest to have his property, which is located immediately to the east of the east city limits south of State Road 50, annexed to the city subject to the availability of water and sanitary sewer service. He further reported it would be his recommendation that an engineering evaluation be made in order to determine the city.s ability to provide such services and a cost estimate for same. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the recommendation of the City Manager be accepted and he be authorized to request that Dawkins & Associates, consulting engineers, develop a proposal for making such an evaluation. . The meeting was adjourned at 8:40 P. M. by Mayor Smoak. (!J. ~ 51 CLAUDE E. SMOAK, JR., MAYOR !J!~uJ Z.J. t,~~_ D RE W. CARROLL, CIT CLERK