05-11-1976 Regular Meeting
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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
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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.
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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.
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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
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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
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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.
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Claude E. Smoak, Jr., Mayor
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Dol res . Carroll, City erk