09-14-1976 Regular Meeting
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MINUTES
REGULAR MEETING
NQ 1328
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, September 14, 1976. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Council-
men Beals, Schroedel, Blackburn, and Byrd. Other officials present were: City
Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez,
Director of Community Services Smythe, and Chief of Police Tyndal. Others present
were: Mr. and Mrs. Gene Hogue, Mr. and Mrs. J. V. Brice, Mrs. Betty Thomas, The Messrs.
Stone, Ritchie, Eaton, Evans, Bloebaum, Rocker, Fleming, Morrow, Boone and Cosgrove.
Mr. Joe Sanchez, Sentinel/Star representative was 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 August 24, 1976, were approved as written.
PUBLIC HEARING: VARIANCE REQUEST - Mrs. Janice K. Morris
Inasmuch as no communication had been received regarding this
matter following the filing date of August 23rd, nor was there
anyone present in support of the request, the matter was postponed.
CITY MANAGER'S REPORT
City Manager Tiffany reported the Emergency Ordinance adopted by
Council prohibiting air boats in city waters had expired on
August 28th, and inasmuch as air boat traffic had been sighted
in the Jaycee Beach area since that date, inquired of Council's
desire to initiate a document to permanently prohibit such
traffic. Motion was made by Councilman Schroedel, seconded by
Councilman Beals and carried that City Attorney Baird be requested
to prepare the necessary Ordinance.__Councilman Blackburn voted
in the negative on passage of the motion, advising he didn't
feel such action was necessary in view of the fact no complaints
had been received regarding the air boat traffic since the emergency
measore was taken, and Council having been assured previously
by several members of an Air Boat Organization, that future problems
would be handled internally among their membership.
City Manager Tiffany reminded Council of the State League of
Cities convention to be held in Miami Beach on October 31st thru
23rd, and reservations should be made with the city administra-
tion by September 21st.
CITY ATTORNEY'S REPORT
City Attorney Baird reported that he hoped to have the necessary
procedure prepared for the city to take with regards condemned
porperties, within the week; That the case of Rudisill vs the
city was proceeding in normal fashion; and, That in conjunction
with the County Attorney, he had prepared a Lease Agreement on
the county owned property in City Block 90, for Council's con-
sideration.
FINANCE DIRECTOR'S REPORT
Mr. Sanchez reported that non-budgeted revenues at approximately
$13,000 had been received from the county for the city's share
of 75-76 road and bridge taxes, a considerable increase over
the approximate $700 received last year.
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MINUTES
NQ1329
MAYOR'S REPORT
Mayor Smoak reported that members of the Lake County League of
Cities had met with the County Commissioners this date regarding
tax equalization, and had requested of them the following: That
an ad hoc committee be formed: with members of the county commiss-
ion participating on such committee with members of the League
of Cities; That the 1975-76 county budget be broken down to
delineate those areas within the county in which funds were
expended exclusively for non-incorporated areas; and, That an
indepth study be undertaken to determine the feasibility of a
county wide library system. He reported the attitude of the
commission had been most constructive and positive, and they had
agreed to all three requests.
Mayor Smoak advised that following the elimination of sovereign
immunity to municipalities, insurance costs to municipalities
had spiraled astronomically, and he would urge the Council con-
sider a request for the State League of Cities to petition the
State Legislature for renewal of sovereign immunity to munici-
palities, such request being in the form of a resolution to
be presented at the State League Convention in October. Council
was in agreement with this suggestion, whereupon motion was made
by Councilman Beals, seconded by Councilman Byrd and carried
that the City Attorney be requested to prepare the necessary
resolution.
Mayor Smoak reported that he, Councilman Blackburn and City
Manager Tiffany had appeared before the County Commission to discuss
the proposed marshland study, and to request their participation
in the cost, and they had unanimously voted to participate in
the study to $15,000. He advised they would be meeting with
the Lake County Water Authority Board on October 6th to solicit
their participation.
COMMENTS BY COUNCIL MEMBERS
Councilman Schroedel reported that new carpeting had been obtained
for the Library with the bicentennial funds which they had received.
Councilmen Blackburn and Schroedel reported on their recent
attendance of a Chamber of Commerce Board Meeting wherein they
were enlightened as to the many and various functions of the
Chamber that are so important and beneficial to the city, and
suggested that a possible review of the city's budget in order
to allocate additional funds to the Chamber, might be in order.
COMMUNICATIONS
City Clerk Carroll read a communication from Councilman Beals under
date of June 23, 1976, wherein he submitted his resignation to
Group No. 1 on the City Council effective November 16, 1976 inasmuch
as he was a candidate for election to the Lake County School Board.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded~by Councilman
Beals and carried that the bills be paid. A copy is attached hereto.
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MINUTES
NQ1330
STATE ROAD 50 PROJECT: CITY UTILITIES RELOCATION
City Manager Tiffany presented a RESOLUTION AUTHORIZING EXECUTION
OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT ~ CHANGE OR RELOCATION
OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS OF STATE ROAD
50 THRU THE CITY, a necessary document to be exeucted nrior to
start of the proposed widening and improvement of $tate:Ro.ak:1HSO
by the DOT. Motion was made by Councilman Byrd, seconded by
Councilman Schroedel and carried that the RESOLUTION and accompanying
RELOCATION AGREEMENT be accepted and executed by the Mayor
and City Manager.
With further regards the State Road 50 pn.oject, City Manager
Tiffany inquired of Council's feelings as to permanently blocking
off old Eighth Street at its intersection with State Road 50
to eliminate what he felt was a dangerous intersection created
after new Ei ghth Street was opened immedi ately to the west around
Center Lake, and, that in contact with DOT regarding this matter,
he had been advised the SR 50 project in that area could be
redesigned to accommodate this matter. City Manager Tiffany was
requested to pursue this matter and submit a proposal for Council
consideration. With regards the necessary street crossings in
the utility relocations, Councilman Byrd requested City Manager
Tiffany to pursue the matter of obtaining permission to cut the
street in lieu of the more costly jack and bore method. Mayor Smoak
requested City Manager Tiffany to again approach officials of
DOT regarding permission to install a traffic light at the inter-
section of State Road 50 and Bloxam Avenue, which they previously
agreed to re-evaluate prior to the SR 50 construction project.
CLASSIFICATION OF USE - CABINET SHOP
Following request of Mr. Gene Hogue for a classification of use to
allow him to operate a cabinet shop at 730 7th Street, a C-2 zone,
the Planning and Zoning Commission recommended to Council that
cabinet shops be classified as a permitted use in M-l zones, noting
that existing permitted uses in M-l districts are "no more obnoxious
or detrimental to the district" than cabinet shops. Motion was made
by Councilman Blackburn, seconded by Councilman Beals and carried
that the P & Z Commission recommendation be accepted.
SALE OF CITY PROPERTY
City Manager Tiffany reported of an inquiry to purchase a triangular
parcel of city owned property lying between 530 West Avenue and West
Lake, which appears on the tax roll with an assessment @ $200.00,
and inasmuch as he did not foresee any possible city use of this
property, recommended that it be offered for sale.
Council was in agreement with this recommendation, whereupon motion
was made by Councilman Schroedel, seconded by Councilman Beals and
carried that it be advertised for sale.
City Manager Tiffany reported on an inquiry received for purchase
of the abandoned city owned alley adjacent to Hunt's Garden Center
on the west. It was the consensus of Council that other alterna-
tives be pursued regarding this matter, and it was referred to the
City Manager for his recommendation.
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MINUTES
NQ1331
FmHA LOAN CLOSING: WATER & SEWER IMPROVEMENTS
City Manager Tiffany inquired of Councils's desire regarding
the loan from FmHA for the water and sewer imporvments just
completed, inasmuch as the total cost of construction is less
than the authorized amount of the bonds. Motion was made by
Councilman Schroedel and seconded by Councilman Blackburn
that the maximum allowed loan of $323,100 be borrowed and used
to repay the interim financing loans, and, reimbursement to
the General Fund for expenditures made on the Seminole Well"
to be earmarked for street improvements. Motion was then
offered by Councilman Blackburn, seconded by Councilman Byrd
and carried that the previous motion be amended wherein
the reimbursement to the General Fund be placed at savings with
no restrictions. Councilman Beals voted in the negative
advising he felt the amount of loan should be reduced to the
actual amount needed.
PROPOSED CENTRAL BUSINESS DISTRICT ZONING
City Manager Tiffany reported that criticism had been expressed
regarding the proposed central business district zoning as being
too restrictive by excluding several existing C-2 uses, and he
would thereby recommend that the matter be considered further for
possible revision. Council was in agreement with this recommenda-
tion, and the Public Hearing thereon continued. Mayor Smoak and
City Manager Tiffany urged those persons present and any other
interested partiies, to submit any suggestions which they might
have in the matter for consideration in the revisions.
There being no further business to be brought before the Council at this time,
the meeting was adjourned by Mayor Smoak at 9:30 P. M.
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D [ ES W. CARROLL, CITY LERK
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