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08-10-1976 Regular Meeting e e e e MINUTES NQ 1318 REGULAR MEETI NG A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, August 10, 1976. The meeting was called to order at 7:30 P. M. by Carlisle A. Byrd, Jr., Mayor Pro-Tern, with the following members present: Council- man Blackburn, Beals, and Schroedel. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, and Building Official Nagel. Others present were: Miss Marian Beals, Mrs. Susie Baird, Mr. and Mrs. W. B. Perry, Messrs. Judy, Fleming, Morrow, Matthews, Ekiert, and Evans. A representative group of residents abutting/adjoining Dickson Shores Subdivision, and Sentinel/Star representative, Joe Sanchez, were also present. The invocation was given by Mr. Smythe, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held July 27, 1976, and of the Special Meeting held August 3, 1976, were approved as written. PUBLIC HEARING-VARIANCE REQUEST-LEE GIFFORD City Council, sitting as a Board of Adjustment considered a request by Mr. Lee Gifford for a Variance of 5 feet in the Front Yard Set- back requirement of R1A Zoning, in order to construct a residence .on his property described as Lot 3 in Dickson Shores Subdivision. Mr. Gifford had advised in his request that inasmuch as Lot 3 was of irregular shape, it would be very difficult to design a residence to meet R1A zoning requirements without penetrating into the seback area. Mr. Ralph Havlin, spokesman for a group of abutting and adjoining property owners to this lmcation, appeared before Council in opposition to any variance in the required front yard setback, explaining( there was an existing residence abutting this property which had honored the required setback and thereupon a front building line had been established and was in compliance with all regulations. Mr. Max Judy, representing Mr. Gifford who was unable to be present, advised that he was in agreement with the expression of Mr. Havlin, and that a variance to the rear yard setback, if there be no opposi- tion, would ably serve the same purpose as desired by Mr. Gifford. Mr. Havlin advised the group had no opposition to a variance being granted in the rear yard, whereupon motion was made by Councilman Beals, seconded by Councilman Schroedel and unanimously carried that a 5' variance to the required rear yard setback be granted. BOY'S RANCH REQUEST City Manager Tiffany reported a request had been received for per- mission to sell beach items at Jaycee Beach on weekends to help support the Florida Boys Ranch Foundation, Inc. of Groveland, such items being beach balls, floats, etc. It was the opinion of Council- man Schroedel that such items were dangerous, especially to the younger children, and he would be opposed to the sale of them at the beach. It was the opinion of Councilman Blackburn that if the sale of such items to benefit a non-profit organization would not be in conflict with the existing lessee of the Jaycee Beach Restaurant, he would be in favor of granting the request, and there- upon so moved. The motion died for lack of a second. CITY MANAGER'S REPORT City Manager Tiffany reported on a meeting held in Tavares on August 4th with regards procedure for the transition of municipal courts to . e e . MINUTES NQ 1319 county courts, and inasmuch as it was desirous to have the city's transition to coincide with the fiscal year end on September 30th, the City Attorney had prepared an Emergency Ordinance for presentation later in the meeting. Mr. Tiffany reported that he had received seven elements of the proposed Florida State Comprehensive Plan for Council's review, and he had been requested to forward any comments and/or suggestions which they might have regarding them. COMMENTS BY COUNCIL MEMBERS Councilman Schroedel reported as follows: That the new addition to the Library had been made with $1250.00 in funds received from the Bi-Centennial Commission, and a matching amount of their own. That he was very concerned about the continuing run-off into Center Lake from the private drive next to Hunt's Garden Center on which the city is attempting to obtain an easement; That he was concerned with pi les of dirt in diffelrent,areas of the city that would run-off into other local lakes if the daily rains continue as they have been recently; and, inquired as to the status of the funds donated to the city from the Horton Memorial Fund for local lakes restoration study. City Manager Tiffany advised that the funds had not been expended as yet, but there were several different options under study at the present time that the funds would be used for. Councilman Blackburn, liaison representative to the Chamber of Commerce, reported that the Chamber Board was desirous of meeting with members of Council regarding allocation of funds to the Chamber in the new fiscal year budget. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Blackburn and carried that the bills be paid. A copy is attached: hereto. WASTEWATER SEMINAR Motion was made by Councilman Schroedel, seconded by Councilman Blackburn and unanimously carried that the necessary funds be allocated for City Manager Tiffany to attend a two-day seminar on Wastewater Grants to be held in Atlanta, Georgia on August 26th and 27th. RESOLUTIONS/ORDINANCES Upon inquiry from the ,Chair if any member desired to introduce the proposed Ordinance defining maximum lot coverage, there was none. It was the suggestion of Councilman Blackburn that this matter be referred back to the Planning & Zoning Commission for further study, and City Manager Tiffany agreed to do so. Councilman Beals requested to comment prior to introduction of the proposed Ordinance providing for an increase of Council members salaries, wherein he advised he would rather allocate compensation for members of the Planning & Zoning Commission in lieu of increases in salary for members of Council and still further, would suggest that such proposed increase be declared a referendum and placed on the ballot of the city election to be held in December. e e e . MINUTES NQ1320 Mr. Art Ekiert appeared before Council and urged that they re- consider the proposed action of increasing their salaries in view of the existing financial condition of the city. Upon inquiry from the Chair if any member of Council desired to introduce the proposed Ordinance providing additional compensation for members of Council, there was none. Councilman Beals introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: PRO- VIDING FOR THE TERMINATION OF THE CLERMONT MUNICIPAL COURT: PROVI- DING FOR THE TERMINATION OF THE POSITION OF MUNICIPAL JUDGE: PRO- VIDING FOR THE REPEAL OF ARTICLE IV OF THE CHARTER OF THE CITY OF CLERMONT: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE and the Ordinance was read in its entirely for a first reading by City Clerk Carroll. Councilman Beals thereupon moved the adoption of the Emergency Ordinance, and the motion was seconded by Councilman Schroedel. 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, Blackburn, Schroedel, and Byrd. Total Ayes: Four, Nayes: None. Absent: Smoak. So the Ordinance was adopted and the Number 153-C assigned to it. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE UTILITIES DEPARTMENT BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1976-77: AUTHORIZING RECEIPTS AND DIS- BURSEMENTS CONTAINED THEREIN: REPEALING ALL ORDINANCES IN CONFICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROV.IDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel. 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, Schroedel, Beals and Byrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the Ordinance was adopted and the Number 87-M assigned to it. Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 27-73 OF ARTICLE X OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING FOR NONCONFORMING SIGNS: 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 Carroll, by title only, and upon roll call vote on passage of the motion the result was: Ayes: SChroedel, Beals, Blackburn, and Byrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the Ordinance was adopted and the number 149-C assigned to it. Counciman Blackburn offered and moved the adoption of AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 24-2 OF THE CODE OF ORDINANCES: PROVIDING FOR PARKING OF TRAILERS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PRO- VIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel. 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, Schroedel, Beals and Byrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the Ordinance was adopted and the number 151-C assigned to it. e e e . MINUTES NQ1321 COMMENTS BY VISITORS Mr. Art Ekiert, local resident recently retired from the U. S. Department of Health, Education & Welfare Department of Social Security Administration, appeared before Council and advised as follows: That, though he was retired, he continued to receive requests at his home and place of business for assistance because he was acquainted with the residents of South Lake County; That if Council so desired, and would provide a public office space, he would be glad to donate his services one day each week in offering assistance regarding Social Security. Council felt this was a very commendable offer by Mr. Ekiert, and the matter was referred to City Manager Tiffany to set up the necessary schedule and office space. Mr. Tom Thompson of 1777 Settle Street, inquired of Council as to the animal control during the evening hours, advising that this appeared to be the time when dogs were observed running loose and in packs. The matter was referred to City Manager Tiffany. Mr. Faye Morrow of 2119 South Lake Shore Drive, nquired if anything could be done to have the storage build ng condemned that is located on the Minnehaha Estates private beach. This matter was referred to Building Official Nagel. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Pro-Tem Byrd at 8:45 P. M. t1 Carlisle A. Byrd, Jr , Mayor Pro-Tem Wa~) l.J. ~. Do ores . Carroll, City C rk