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10-14-1975 Regular Meeting --, ~ ------.",.--~' . e e e 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. ", 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. . e e . 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 . e e . 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 - . e e . 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