11-25-1975 Regular Meeting
e
e
e
.
MINUTES
REGULAR MEET! NG
NQ1206
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, November 25, 1975. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak~ Jr. with the following members present:
Councilman Blackburn, Schroede1, Byrd and Oswalt. Other offica1s present were:
City Manager Hopkins, City Attorney Baird, Deputy Clerk Dollar, Finance Director
DeDier, Director of Community Services Smythe and Chief of P&lice Tynda1. Others
present were: Messrs. Matsche, Jones, Ratti, Horton, Crowson"Rector, Czech,
Meadows and Sargent. The Misses Mary J. Nichols, Cynthia Winter, Messrs. Kim Gano
and Edwin E. Hunt~ Political Science students from Lake Sumter Community, were
also present. Mr. Joe Sanchez, 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 November 18, 1975 were approved as written.
Mayor Smoak announced the first order of business to be a Public Hearing to
consider request by Matsche Construction Company for a Variance to Section 26-20
(C) (2) (R1A URBAN RESIDENTIAL DISTRICT GENERAL REQUIREMENTS-LOT WIDTH) OF THE
Zoning Ordinance in order to construct a residence in Section 26-22-25,
Indian Hills. Mr. Jack Matsche appeared before Council in support of this request,
and advised that to comply with the requirement for a 100 ft lot width at the
front building line, the building would have to be set back and then would be
in violation with back lot restrictions, therefore, due to the irregular shape
of the lot they were requesting a variance to the 100 foot width requirement at
the front building line. Upon inquiry by Mayor Smoak~ there was no one present
from the floor who voiced objection to this request. Councilman Oswalt stated
that without any doubt this is a hardship case and is what the request is based
upon and moved that the request be granted. The motion was seconded by Councilman
Schroede1. During disucssion of the motion, Councilman Blackburn stated he agreed
with Councilman Oswalt that this was a hardship case, and that the reason for requesting
a variance is where a piece of property like this one is created, then because of
a change of rules, no longer conforms. Upon roll call vote, the motion carried.
Mayor Smoak announced the next order of business to be a Public Hearing to
consider a request by Mark V Ltd., Inc. for a variance to Article V111, Section
26-45 (SIDE YARD ON CORNER LOTS) of the Zoning Ordinance in order to construct
a residence on Lot 1 in Block 1 of Woodlawn Subdivision. Mr. Gino Ratti appeared
before Council in support of this request advising that the request was being
made to reduce the 25 foot set back on the corner lot by 7 feet in order to have
a greater side yard set back on the north side of the residence. Upon inquiry
by Mayor Smoak, there was no one present from the floor who voiced objection to
this request, whereupon motion was made by Councilman Oswalt, seconded by
Councilman Schroede1, and carried, that the request be granted.
City Manager Hopkins reviewed the major basic changes covered in Ordinances
141-C and 142-C which were prepared after considerable consideration by the
Planning and Zoning Commission and the City Council and which were advertised
for Public Hearing this evening. Mayor Smoak advised that Council would now hold
a Public Hearing in regard to these proposed zoning changes and inquired if
there was any member of. the audience who would like to speak in favor or in
opposition to any of these zoning changes. Since there was no one in the
audience who wished to speak regarding the zoning changes, the Mayor continued with
the Agenda.
Mr. James (Bud) Meadows, owner of the Sunnyside Plaza, appeared before Council
.
e
e
.
MINUTES
NQ 1207
with reference to the continual use of the shopping center property by people on
skateboards which is adversely affecting the businessess, causing a nuisance, as
well as being a dangerous situation. He stated that he had received cooperation
from the Police Department and the City Manager and was aware that there were no
ordinances on the city books that could be enforced to charge these people with,
and asked Council's consideration of some means for assistance with this problem.
Following discussion, motion was made by Councilman Byrd, seconded by Councilman
Oswalt and carried that the City Attorney be instructed to research the City
Ordinances to see what information is available and enforceable and if no ordinances
are applicable to this situation, that one be developed that can be enforced.
City Manager Hopkins submitted his report orally as follows: That he had received
an application for a Dance to be sponsored by the parents of the Junior High
School Beta Club members on December 31st from 9;00 P. M. to 1;00 A. M. and
requested Council approval; That Fire Chief Smythe has made arrangments for an
appreciation dinner for the Volunteer Firemen to be held in Jenkins Auditorium
on December 19th at 7:00 P. M. and that Council is invited to attend; and
reminded that the Orange Blossom Breakfast would be held on Wednesday, morning,
November 26th.
With regards the request for a dance, motion was made by Councilman Oswalt, seconded
bv Councilman Blackburn and carried that permission be Qranted to the parents of
the Junior High School Beta Club members to sponsor and hold a dance in Jenkins
Auditorium on December 31. 1975 provided that all rules and requlations pertaininq
to dances held in the auditorium are met.
Regarding the dinner for the Volunteer Firemen, Mayor Smoak commented that this
was an excellent idea; that the volunteer firemen have done a fantastic job
with miniscule cost of what it would be if the city had a full time fire department
and that any recognition the city can afford to them is well deserved.
Finance Director DeDier reported that he had tax bills from the county on city
leased property as follows;.. 'To Landseair, $85.93, Hovis and Baird $744.94 and
on the property of the Seminole Well site on which we must pay a prorata share for
1975 tales at $34.30 and requested authorization for payment in November to take
the 4% allowable discount. Motion was made by Councilman Blackburn and seconded
by Council Schroedel and carried that payment of the ad valorem taxes as outlined
by the Finance Director be authorized. Finance Director DeDier was requested to
question the County Tax Assessor on the assessment of the lower half of the city
hall building in conjunction with 1976 taxes.
Mayor Smoak advised that he and the City Manager had met and discussed briefly
a tentative format for a Town Hall meeting that he would like to recommend be
held on either the 14th, 15th, or 16th of January and that an agenda will be presented
at the next regular council meeting for enough lead time to generate some interest
in the community. He stated that additionally they had developed an order for
a variety of trees for delivery on the 13th of January to tie in with both Arbor
Day~ the 16th of January and "Glen Glitter Day" on the 17th. The trees will be
available and in the interim period it is hoped that interest can be generated
among the local civic clubs to participate in distributing the trees and maybe
in planting the trees for a small fee.
The Mayor referred to the Questionnaire of the Lake County Planning Department
to determine the desire by municipa~ities for County Planning aid in preparing
comprehensive development of plans or elements and which was discussed in a work
session held last evening, and asked if Council had any objections to the format
as prepared. There were no objections.
Mayor Mayor recognized Mr. David L. Crowson, Vice President and Senior Project
Manager of Dawkins & Associates, Inc. who was present to bring Council up to
date on the sewer and water bids. Mr. Crowson introduced Mr. Ron Rector, Project
Engineers for the Water and Sewer Improvements to the Council. Mr. Crowson advised
as follows: That on November 13th bids were opened on the combined water and
sewer program and that a total of twenty-three (23) bids were received for the
work ranging from an aggregate low bid of $235,000 to a high of $415,000; that the
.
e
e
.
MINUTES
NQ 1208
low bidders on the water works improvements was 6entra1 Florida Underground, Inc.
with a bid price of $122,924.25 and on the Sewage Collection System, Hubbard
Construction Company @ $95,939.45 for a combined aggregate low of $218,863.69 as
in contrast to the engineers estimate of $281,461.00; (Bid Tabulation Summary
Sheet attached to these minutes); that they had evaluated the qualifications of
each of the low bidders and their proposals in detail and find that both proposals
are proper and in order, and that each of the bidders are adequately qualified
and financially capable of competently providing the improvements as called for
in the plans and specifications; that in view of this it is their recommendation
that council conditionally award these bids conditioned upon the subsequent
concurrence by Farmer's Home Administration. In order for FHA to approve these
bids the following information will have to be submitted to them: Exhibits
including contractor's proposal, summary of certified copy of tabulation,
certified copy of the minutes of meeting at which bids were opened, copies of
the minutes of this meeting and site certificates as well as other supportive
documentation.
Mayor Smoak inquired of Mr. Crowson what the timetable would be for the sewer
construction. Mr. Crowson stated that the expiration of the bond validation period
will be December 4th and that it will be four to five weeks before award of the
contract. A period of 180 days is set for completion of the project.
Motion was made by Councilman Blackburn, seconded b~ Councilman Schroede1, and
carried, that the recommendation of Dawkins & Assoc1ates, Inc. that the
conditional awards for the water and sewer improvements project be granted to the
two low bidders as follows:
Central Florida Underground, Inc. for Water Works Improvements
@ $122,924.25
Hubbard Construction Company for Sewage Collection System
@ $95,939.45
be accepted.
Mayor Smoak inquired of Mr. Crowson, that since the bids have come in at a lower
quote than anticipated and that the city would have sufficient funds for the
extension of the water system to the southeast quadrant of the city, if he felt that
this project could be negotiated with the low bidder at the same rate as they bid on
the water improvements. Mr. Crowson stated that the engineers felt that there
were several areas worthy of consideration, namely; crossing SR 50 at 12th Street,
acquisition of a well site SE of Clermont for future expansion of the system and
extension of the system from SR 50 southerly along Grand Highway and US 27 and that
they should be considered and that they would work up alternates in order of what
they thought should have priority for council consideration. He felt negotiations
could be made with the contractor with respect to the extension from SR 50
southerly along Grand Highway and US 27.
Mayor Smoak referred to a communication from Teleprompter, Inc. wherein they
stated they were creating another wholly owned subsidiary of Teleprompter Southeast,
Inc. and requested council approval of the transfer of our franchise to Teleprompter
Southeast, Inc. On inquiry of City Attorney Baird for his comments, he stated that
he had no comment on the substance and thought we might as well go ahead and
redraft it to conform with the form of our ordinance. Mayor Smoak stated that before
he would vote in favor of this request he would like to have more information in
three specific areas: 1) What is the purpose of the transfer? 2) Would the transfer
change the franchise fee that the local company pays to the parent company? and 3)
How will the transfer be advantageous to the City of Clermont? and suggested that
these questions be conveyed to Teleprompter, Inc. in writing. Motion was made by
Councilman Blackburn, seconded by Councilman Oswalt and carried that City Manager
Hopkins be authorized to communicate with TelePrompter, in writing, and have them
explain the new structure of the corporation and if it would benefit the City of Clermont.
.
e
e
.
MINUTES
NQ 1209
Mayor Smoak referred to invoices from Dawkins & Associates, Inc. on the Minnehaha
Estates Design in the amount of $6,444.29 and on Sewer Assessments in the amount
of $1~522.21 and from Robert Vason for Legal Services in the amount of $1,937.50,
presented for approval. Concerning the invoice for the Minnehaha Estates Design,
City Manager Hopkins commented that this figure was based on the estimated
construction costs of $154,420.00 when the actual was $95,940.00 and that he had
discussed this with Mr. Crowson and that the engineers were going to resubmit a new
invoice based on the new figures, but that there were no changes in the other
two invoices, and recommended that the invoice for the Minnehaha Estates DeSign
be disregarded until a new invoice is received ~ut that the invoices for the
sewer assessments and legal services be approved. Motion was made by Councilman
Blackburn, seconded by Councilman Oswalt. and carried that the recommendation
of City Manager Hopkins that the invoices for the Sewer Assessments and Legal
Services be approved, be accepted, and that the bills be paid.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF
THE CODE OF ORDINANCES: DEFININGuOFF-STREET PARKING SPACES, PROVIDING FOR OFF-SITE
SIGNS, PROVIDING FOR ON-SITE SIGNS, PROVIDING FOR CERTIFICATES OF OCCUPANCY,
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING AND EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, and the ORDINANCE was
read for a first reading by Mayor Smoak, by title only.
Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA~ AMENDING ARTICLE III OF APPENDIX A OF THE
CODE OF ORDINANCES; PROVIDING FOR SWIMMING POOL AND PATIO REGULATIONS; 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 Mayor Smoak, by title only.
Mayor Smoak reminded all those present of the upcoming General City Election to be
held on December 2, 1975 and that the polls will be open between the hours of
7:00 A. M. and 7:00 P. M. and of the Public Forum sponsored by the Kiwanis Club
to be held on Wednesday, November 26th in Jenkins Auditorium at 7:30 P. M.
Mayor Smoak called the following special meetings to be held in the Office of
the City Manager: December 1,1975 at 5:05 P. M. to prepare the Ballot Box for the
General Election of the City of Clermont to be held on Tuesday, December 2, 1975
and on December 3, 1975 at 8:05 A. M. to canvass the ballot and check the Certificate
of Result of the General Election of the City of Clermont to be held on December
2, 1975.
The meeting was adjourned at 8:30 P. M.
WAD~) kJ. ~-
Do ores ~. Carro 1, City Clerk
~~~
C1au e E. Smoak, Jr., Mayor