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09-14-1976 Regular Meeting . e e . 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. . e e . 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. . e e . 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. . e e 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. ClAU{!{ ~ ~P..",d td ~ D [ ES W. CARROLL, CITY LERK e