10-14-1975 Regular Meeting
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M I NUT E S
NO. 1192
A Regular Meeting of the City Council of the City of Clermont, Florida was held
in the Council Chambers on Tuesday, October 14, 1975. The meeting was called to
order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Oswalt, Byrd, Schroedel, and Blackburn. Other officials present were:
City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of
Community Services Smythe, and Chief of Police Tyndal. Others present were: Mr. and
Mrs. C. Welborn Daniel, and Messrs. Hanks and Beals. 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 September 23, 1975 and of the Special Meeting
held September 29, 1975 were approved as written.
Mrs. Carol Sue Daniel, representative of the Clermont Jr. Womans Club, appeared
before Council to inquire of and to solicit the city's cooperation in their
project this year of assisting the Cooper Memorial Library Board in their need for
additional operating expenses. Mrs. Daniel advised that their initial proposed
project in this endeavor was to promote an all day carnival/entertainment program
which would hopefully consist of total community participation, and if their
proposed be accepted by Council, would solicit the participation of all local
merchants, civic and fraternal organizations. Mrs. Daniel inquired of Council 's
opinion and permission of the following: Use of Jenkins Auditorium, parking lot,
and adjacent park on the east for various booths, games, and pony rides; hayride
in the evening; rides offered on the city's fire truck, and utilization of the
Chamber of Corrmerce phone for radio publicity. Council wa~(jn agreement witf(~.'-
such a worthwhile project as proposed to be sponsored by the Jr. Womans Club,
and felt it was commendable on their part to undertake such a program in
their effort to assi st another organi zati on. Moti on was made by Counc,i lman Schroedel,
seconded by Councilman Blackburn and unanimous11 carried that Mrs. Daniells requests
be granted and that the fees for use of the Jen ins Auditorium be waived. Mrs.
~aniel was advised however, that the request for use of the Chamber of Commerce
phone woul d have to be made to offi c~ al sr of; that' organii zatioo.
City Manager Hopkins submitted his report both orally and written, and a copy
is attached hereto. Mr. Hopkins further reported as follows: That the local police
department was sponsoring a "Help Stop Crime Program" via films in the Jenkins
Auditorium on November 4th, and, That inamsuch as Veterans D9y'onNoveinber 11th,
a holiday observed by city employees, also fell on a regularly scheduled council
meeting night, inquired of Council's desire to hold the meeting as scheduled~
re-schedule to a different date, or cancel it. It was consensus of Council that
the meeting be cancelled for that date, and if a need arose for council action
prior to the next regularly scheduled meeting on November 18th, a Special Meeting
could be called.
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Mayor Smoak submitted his report both orgally and written, and a copy is attached
hereto. With regards need for Council designation of a voting delegate to
the Florida League of Cities eonvention to be held on October 23rd, 24th, and 25th,
it was the suggestion of Mayor Smoak that City Manager Hopkins be so designated
inasmuch as he shall be attending the sessions on all three days. Council was
in agreement with this and Mr. Hopkins was so designated. Mayor Smoak further
reported that he had contacted Dr. John Zoltek and Ms. Suzanne Bailey, Assistant
Professor of Engineering Sciences and Ecologist at the University of Florida,
respectively, and that they were agreeable to come to Clermont for just the
cost of travel expenses to survey the physical site of the city's treatment plant,
the potential availability of use of the marsh for effluent distribution as
opposed to purchasing land for spray distribution, and then meet with all interested
persons at City Hall on Friday, October 17th at 10:00 A. M. He advised that Dr.
Zoltek and Ms. Bailey were the two people reforming and doing the research work
on the Wildwood marsh for effluent distribution from the City of Wildwood.
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MINUTES
NQ 1193
City Manager Hopkins reported briefly on the recent meeting of the South Lake
County Planning & Zoning Committee at which he, Mrs. Ray from Clermont, Mrs.
McDonald from Minneola, and Mike Willett and Nancy Crissinger from the Lake County
Planning Department were in attendance. He advised the "jist" of the meeting was
to review the comments developed by the City of Clermont and the Town of Minneola
in response to contents of the county plan~ and that for the most part, Mr. Willett
was agreeable to either modifying the language or clarifying certain points to
keep it in line with what the city's feeling was.
Mayor Smoak, City Manager Hopkins, and Councilman Blackburn each reported briefly
on the recent sponsored Lake County League of Cities meeting regarding the state
mandated Municipal Planning Act to which state officials from seven different
adjoining counties had been invited to attend and participate. Inasmuch as it is
often that the original intent of acts has been distortedr)b'YtUlleoGf~ihnplemetita:tion,
they reported they were well pleased that Representative Nelson, sponsor of the
Act, was present to explain his reasoning and intent in sponsoring same. Mayor
Smoak enumerated points brought about during the meeting which he felt were very
beneficial in making the state officials and legislators present, aware of the
problems and feelings of local municipal officials, as follows: Insufficient
cause shown for the need of such an Act as mandated from state level; That
local municipal officials were greatly concerned about the cost requirements
and cost burden to each municipality in implementing such an Act; That very few
municipalities had existing "in-house" persons with the necessary expertise as
required; to put such a plan together as complete as it is expected to be; and,
That it was a general feeling of local municipal officials that no need existed
for excessive state controls over local government, that local people have a better
feel for what their needs are, a better feel for how their funds should be expended,
than having mandates for such issued from the state level.
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and
carried, that the bills be paid.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF CARROLL STREET
DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED
IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA:
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the Ordinance
was read for a first reading by City Clerk Carroll, by title only.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SUB-SECTION
C OF SECTION 5 OF ORDINANCE NO. 57-M ESTABLISHING A RATE SCHEDULE AS EXHIBIT A TO SAID
ORDINANCE: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was
seconded by Councilman Byrd. The Ordinance was read for a second and final
reading by City Clerk Carroll, by title only, and upon roll call vote" on passage
of the motion, the results was: Ayes: Oswalt, Byrd, Schroedel, Blackburn, and
Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the
number 80-M assigned to it.
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 e-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 Carollo by
title only, and upon roll call vote on passage of the motion, the result was:
Ayes: Oswalt, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes:
Nayes: None. So the ORDINANCE was adopted and the number 137-C assigned to it.
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
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MINUTES
NQ 1194
ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX
A OF THE CODE OF ORDINANCES: REZONING CLASSIFICATION TO M-1 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 Byrd. The Ordinance was read for a second and final reading by City
Clerk Carroll, by title only, and upon roll call vote on passage of the motion,
the result was: Ayes: Blackburn, Schroede1, Byrd, Oswalt, and Smoak. Total Ayes:
Five. Nayes: None. To the ORDINANCE was adopted and the number 138-C assigned
to it.
With regards the city's position as to what necessary steps should be takefl to
either improve the badly deteriorating private property known as Freeman Lane
and used by the general public, or prohibit Thru Traffic on it, City Attorney
Baird advised the cost would be prohibitive to acquire title to the property
in order to establish it as a street and thereupon make improvements, and he thereby
recommended that it be blocked to thru traffic to eliminate any possibility
of the city being liable for damages incurred as a result of its condition. Motion
was made by Councilman Blackburn, seconded by Councilman Byrd and carried that
the recommendation of the City Attorney be accepted and City Manager Hopkins
proceed with having the property blocked to thru traffic. It was the request
of Mayor Smoak that City Baird compose a letter to be forwarded to the city's
insurance agent and the abutting property owners apprising them of this action
taken by Council.
City Attorney Baird submitted a corrective Quit Claim deed on the property in Oak
View Subdivision previously quit claimed from Mr. & Mrs. Don M. McCaffrey, wherein
it assured that the property would be used for street pruposes. Motion was made
by Councilman Oswalt, seconded by Councilman Schroede1 and carried, that City
Manager Ho~kins submit the corrective deed to The McCaffrey's for their approval
and executlon.
As a result of many months of study and review of City Charter by the Charter
Revision Committee, chairmaned by City Attorney Baird, he submitted a proposed
charter in its entirety which deleted those things over which the Home Rule Powers
Act took precedence, included the latest general laws, corrected antiquated
language, and clarified many points. In order to conform with existing election
laws and be able to place the proposition of a revised and new charter on the ballot
of the General Election to be held on December 2nd, Mayor Smoak submitted the
following format: Public Hearing to be held on Monday, October 20th in the
Council Chambers at 7:30 P. M. to review the proposed charter; Council action
in regular session on October 21st to have emergency enactment ordinance prepared;
and, Council action on Enactment Ordinance at regular meeting to be held on
October 28th. Motion was made by Councilman Oswalt, seconded by Councilman Byrd
and carried, that the proposed format as submitted by Mayor Smoak be accepted.
With regards the request of the Lake Improvement Committee that Council take formal
action requesting to the East Central Florida Regional Planning Council for permission
to administer its own work program as to be provided for in the "208" program,
it was decided that a letter be formulated and submitted to the city's East Central
Florida Regional Planning Council representative first for his perusal and comment,
and then same be considered by City Council.
With regards appointment of a city representative to the Lake Community Action Agency,
Inc. Board of Directors, motion was made by Councilman Schroede1. seconded by
Councilman Byrd and carrieo that Mrs. Bess Jones be appointed.
With regards various proposed changes to the Signs and Zoning Ordinance as recommended
by the Planning and Zoning Commission, there still remain~d certain aspects for
consideration by Council. City Manager Hopkins submitted a resume of these to
Council, and a copy is attached hereto. With regards the 2nd part of Enumeration
No. 3 as regards changes to the Sign Ordinance, it was consensus that total frontage
on corner lots be clarified to read that frontage shall be determined on each
street that it faces. Motion was made by Councilman Blackburn, seconded by
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MINUTES
NQ 1195
Councilman Schroedel and carried that the recommendations of the P & Z Commission
reQardinQ SiQns be accepted and aspects submitted ~v CitY~ Manager Hopkins
enumerated as numbers 1-2-3-4 and 6 also be incorporated. deleting number 5,
and City Attornev Baird be requested to prepare the necessary amending Ordinance.
Motion was made by Councilman Byrd, seconded by Councilman Blackburn and carrie~
that the recommendations of the P & Z Commission regarding zoning changes be
accepted and City Attorney Baird be requested to prepare the necessary amending
Ordinance. With regards the discussion held regarding changes in the time limit
for variances, it was consensus of Council that no change be made.
With regards recommendation of the P & Z Commission that Churches be allowed
in C-l and C-2 zoning ctfiSttrl~ as a Conditional Use in addition to the existing
R1AA thru R3 zoning districts in which they are presently allowed, it was consensus
that zones M- L ilRd___M-2also be. in.cluQ.ed~ whereupon motion was made by Councilman
Oswalt, seconded by Councilman Blackburn and carried that Citr Attorney Baird
be requested to prepare the necessary amendinQ Ordinance to a low churches in
R1AA thru M-2 ZoninQ Districts as a Conditional Use.
The meeting was adjourned by Mayor Smoak at 9:45 P. M.
ClI~~
Claude . Smoak, Jr., ayor
a~p~z.!. ;;Ad~
Dolores W. Carroll, City lerk