Loading...
05-11-1976 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1281 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 11, 1976. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Schroedel, Beals and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Baird, Director of Community Services SmYthe, City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndal. Others present were: The Messrs. Pitts, Fleming, and Czech. 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 Meeting held April 27, 1976 were approved as written. City Manager's Report City Manager Tiffany submitted his report both orally and written, and a copy is attached hereto. With regards Mr. Tiffany's request to discuss certain items with Council prior to preparation of the 76-77 budget, and to conSider the federal revenue sharing planned use report, Mayor Smoak called a work session of Council to be held in the office of the City Manager on Monday, May 24th at 4:30 P.M. City Manager Tiffany reported to Council that due to a mechanical problem which had developed in one of the clarifiers at the sewage treatment plant, it would be necessary to shut the plant down on Wednesday morning for approximately a two hour period in order to make the necessary repairs, and, though breakdowns of this nature were normal in the operation of a plant such as the city has, this would be the first time that this system had been shut down since it was put on line in 1972. Proposed Interlocal Agreement With regards request by City Manager Tiffany for comments on the proposed interlocal agreement on preparation of a comprehensive plan, the following were offered. It was the opinion of Councilman Beals that "proportionate share" of funds received from ether the state or federal governments by the city to be returned to the county, should be more clearly defined. It was the opinion of Mayor Smoak that "any traveling expenses II incurred in the drafting of the plan that were to be reimbursed to the county by the city, should be more clearly defined; that in section X of the proposed agreement wherein changes or recom- mendations of Council be included by the county within the city plan, that "wi 11" be exchanged for "sha 11", and an addi ti on be included whereby comments or suggestions by the county regarding Council's proposals, shall not become a part of the city plan unless acceptable by the city; and, That section Xl be reworded in such way that joint ownership by the city and the county be established for all the property acquired under the agreement in the even that it be terminated. It was the opinion of Councilman Blackburn that Council should obtain input from the local citizens as to their desired future direction for their city prior to submitting any date for the plan . e e . MINUTES NQ 1282 to the county, and suggested that copies of the Local Government Comprehensive Planning Act of 1975 be made available to the various local organizations for their study and consideration and then subsequent input back to Council. City Manager Tiffany was requested to reduce his thoughts in writing concerning what he felt would be an acceptable procedure for the city to follow, and submit his recommendation to Council as quickly as possible. It was suggested also that his remarks include a proposed time table. City Attorney's Report City Attorney Ba~rd reported that he had been in contact with the attorneys representing Michaels-Stiggins, Inc., and they had indicated they were in position to offer a settlement which should be received prior to the next regular meeting, at which time he would submit a thorough report on the matter. Mayor Smoak's Report Mayor Smoak reported on his attendance of a ,State League of Cities Directors Meeting in Tallahassee on May 5th wherein many of the pending bills in the legislature that would affect cities were discussed; That there was a bill presently before the Senate, having already been approved by the House, that mandates county supervisors of elections furnish municipalities with a list of their qualified voters; That the one cent optional sales tax bill was presently in Senate sub-committee, having already been approved by the House, which would allow, by referendum, each county levy an additional one cent sales tax with a provision that 50% of such additional revenue would be used to decrease ad valorem taxes; and, that by a vote to 89 to 19 or 20, the House had voted to extend the municipal court system for two years that had been slated to expire on January 1,1977, and to place it back on the ballot as a separate ballot issue, as a constitutional amendment of the State of Florida. Mayor Smoak further reported that he, Councilmen Byrd and Schroedel, and City Manager Tiffany had attended the Lake County Pollution Control Board Meeting on May 10th at which Drs. Zoltek and Bayley appeared in behalf of the city of discuss the potential scholastic and academic study which they had proposed for the disposal of effluent into fresh water marshes, and that their proposal had been unanimously endorsed by the Board, and agreement offered to assist the city in seeking approval from the DER. Comments by Council Members Councilman Schroedel, liaison representative to the Library Board, reported that it had been determined that the Board has spent approximately $2,000 per month his past year, and based on that figure, was requesting that Council consider an allocation in the 76-77 budget to them of $1600 per month with the balance to be obtained by them from grants, memorials, gifts, etc. Councilman Schrodel futher reported he had observed that the playground equipment at Jaycee Beach was badly in need of repair. and inquired if this could be taken care of. Director of Community Services Smythe advised that city crews were presently in the process of getting the beach are in readiness for the summer season. . e e . MINUTES NQ 1283 Councilman Schroedel reported he had received complaints with regards a septic tank disposal truck being parked in the residential area of Second and Carroll Streets, and requested that the matter be investigated. Councilman Beals inquired if it would be feasible for the city to install a floating raft at the Jaycee Beach swimming area for the children to use and thereby divert their attention away from the existing dock which is in dangerous condition and has been posted assuch, as well as provide them something to use during construction of the proposed new dock. This matter was referred to City Manager Tiffany for his recommendation. Councilman Beals advised he was aware of "rough-housing" play being conducted on the existing dock, and no doubt would continue on the new dock when it is completed, and being concerned lest someone gets injured as a result, inquired if there could be a more concentrated policing of the dock area. This matter was referred to Chief Tyndal. Councilman Beals reported he had received a complaint with regards air boats in Lake Minneola in the Jaycee Beach area, and inquired if the matter could be investigated. It was determined that the city has no jurisdiction over policing of the waterways, and City Manager Tiffany was requested to investigate as to whom such a problem should be addressed. Councilman Blackburn, liaison representative to the Chamber of Commerce Board, reported on his recent attendance of their meeting at which the city's annual financial allocation to them had been discussed. He advised that he had been surprised in that it was the feeling of the Board that it would be of more benefit to the Chamber to be forced into a more responsive poisition to the business community if that was their source of funding. Councilman Beals, also in attendance at the meeting, advised that he had been encouraged by this feeling of the Board, and that two new members of the Board has been greatly surprised to learn that the Chamber had been funded annually by the city. Councilman Beals advised there had been a great portion of the voluminous literature as generated at city hall and forward~d;n'!the council folders each week that was of no interest to him, and inquired of Council as to their feeling. Mayor Smoak was in agreement as to the large amount of paperwork to be considered, but felt that it was mandated that Council be kept fully informed of all matters of the city. City Manager Tiffany advised there had not been sufficient time as yet for him to determine as to what, or what not, materials should be forwarded but that he hoped in the very near future to develop a concentrated format that would still furnish Council with full information. Private Recreational Facilities This matter was tabled pending a legal oplnlon from City Attorney Baird as to whether or not private recreational facilities are included in the computation of maximum lot coverage in the existing zoning ordinance. . e e . MINUTES NQ 1284 Engineering Bill - Water Improvements Inasmuch as the water improvements east of Highway #27 had been made by city crews at considerably less cost, but the invoice re- ceived for engineering services was based on a percentage of total construction costs, City Manager Tiffany was requested to obtain an invoice itemizing time and materials used, based on the contractual agreement between the city and Dawkins & Associates, Inc., irregardless of the cost of construction. Bishop Field Improvement Payment Inasmuch as the lighting improvement cost for Bishop Field, allocated from revenue sharing funds, was less than budgeted, it was the recommendation of City Manager Tiffany that the cost for improve- ment of the concession stand @$627.46 also be authorized to be paid from revenue sharing funds. Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that this recommendation be accepted. Parkway Tree Maintenance Councilman Schroedel advised of a conflict in existing city ordinances and city policy regarding maintenance of parkways by adjacent owners of real property. Motion was made by Councilman Beals, seconded by Councilman Schroedel and carried that the matter Be referred to City Attorney Baird for consideration and preparation of the necessary amending ordinance. Proposed Central Business District Zone Following several months study and consideration, the Planning & Zoning Commission submitted a recommendation for replacing the existing zoning in the central business district wherein all lots in that area would be in a common zoning classifcation. It was the opinion of Councilman Blackburn that the fifteen foot setback requirements from the district boundary line as proposed, would not be fair to the adjacent residential zoning areas, and, that the allowed height of buildings should be restricted. Mr. Blackburn thereupon moved that the recommendation of the P & Z Commission be accepted with an amendment that the setback requirement be equal to that as required for the adjacent residential neighbors, and building heights be restricted to three stores. The motion was seconded by Councilman Schroedel and upon roll call vote on passage of the motion, the result was Ayes: Blackburn and Schroedel. Total Ayes: Two. Nayes: Beals, Byrd, and Smoak. Total Nayes: Three. The motion failed to carry. Motion was made by Councilman Byrd, seconded by Mayor Smoak and carried that the proposal as submitted by the P & Z Commission be referred to City Attorney Baird to review for form, language, and preparation of the necessary ordinance for Council's consideration. Mayor Smaok expressed concern regarding expansions already made, and possible expansions still in the future, in the Transition Zones which were established in June of 1969 for a fifteen year period. He queried as to the city's position in enforcing such ordinance at the end of the fifteen year period, and thereupon request that City Attorney . e e . MINUTES NQ1285 Baird research the matter as to exaclty what he opines the city's legal position to be in enforcing the requirements of the Transition Zoned at termination of the allotted time table. Boating Dock and Breakwater Proposal As requested by Council, City Manager Tiffany obtained a proposal from Delta Marine Constructors for replacement of the boating dock at Jaycee Beach, and construction of a breakwater. He advised the quotation for a concrete dock 4' wide and 70' in length was $6,541.50, which he felt was a very good quotation and which was based essential- ly on the same unit cost as the quotation received for construction of a swimming dock. He advised the quotation received for a 200' breakwater was $8,820, which he felt would be for a more elaborate structure than is needed, that an effective one could be constructed by city crews at considerably less cost. Mr. Tiffany further advised that an alternate proposal was received for a concrete dock with a wider deck, which was 618" wide by 70' in length at a cost of $6,685.00. Council was in agreement with the latter proposal inasmuch as such a width would allow for utilization of both sides of the dock for boat tie-ups, whereupon motion was made by Councilman Byrd, seconded by Councilman Beals and carried that the alternate proposal be accepted and City Manager Tiffany be authorized to to execute the necessary change order. Payment of Bills Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the bills be paid. A copy is attached hereto. Board of Adjustment Council received inquiry from the Planning & Zoning Commission if it would not be better to have an appointive Board of Adjustment as opposed to Council sitting as the Board and considering matters which they had legislated. It was the opinion of Mayor Smoak that the existing procedure was a workable one, and if anyone would be throughly knowledgeable of the intent of an ordinance that is adopted, it would be those who had adopted it. It was the opinion of Councilman Blackbumthat the Board of Adjustment should be a separate board, whose only job would be that of interpreting hardship. Councilman Beals opined that City Council is a legislative body whose responsibility is to regularly interpret matters legislated by them, that the ultimate responsibility should fall on the elected officials to make practical determinations, and anything short of that would be a "cOp-out". It was the opinion of Councilman Schroedel that members of the Council were elected to have the highest authority, and if a separate board were appointed, this would no longer be the case. It was the opinion of Councilman Byrd that all decisions rendered in the past by Council might not have been the proper ones, but were just as proper as those that could have been given by an appointive board in any given situation. Motion was made by Councilman Beals that communication be forwarded . e e e MINUTES NQ1286 to the Planning and Zoning Commission that Council has taken the matter under advisement, and at this ~ime has determined they desire to continue with the same policy as has been in existence. The motion was seconded by Councilman Byrd and carried. Councilman Blackburn voted in the negative on passage of the motion. Ordinance No. 145-C Councilman Beals offered and moved the adoption of 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: PROHIBITING OFF-SITE SIGNS IN SHOPPING CNETERS AND MULTI-USE BUILDING SITES: 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: Beals, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number 145-C assigned to it. Ordinance No. 146-C Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING THE EXPOSURE OF CERTAIN MATERIALS FOR SALE BE KEPT FROM THE VIEW OF MINORS: REPEAL- ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABI LITY: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR PUBLICATION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. There being no further business to be brought before the Council, the meeting was adjourned by Mayor Smoak at 9:20 P. M. (}j ~~ Claude E. Smoak, Jr., Mayor Qr~4) Z~~4J~ Dol res . Carroll, City erk