Loading...
12-14-1976 Regular Meeting e e e . MINUTES REGULAR MEETING NQ1357 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, December 14, 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, Blackburn, and Honey. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Director of Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: The Messrs. Fleming, Czech, Searles, Lester, Sargent, and Megin1ey. Mr. Joe Sanchez, Sentinel/Star reporesentative 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 Special Meeting held November 22, 1976, and of the Regular Meeting held November 23, 1976, were approved as written. VARIANCE REQUEST: SUN FIRST NATIONAL BANK Sitting as a Board of Adjustment, Council considered a request by the Sun First National Bank of Leesburg for a Variance to Section 26-24-D (2) (d) of the Zoning Ordinance in order to construct a ground sign on property leased by them and described as Lots 259 thru 305 in Clermont Heights Subdivision. The request was based on the contention that without exposure of the bank logo on a ground sign as proposed, the bank location could not be properly identified due to its location in a shopping center which is not ordinarily indicative of a bank location. Mr. Jim Lester, representative of the bank, advised that this location had been acquired under a short term lease, with plans to relocate to a more permanent location in the future. Motion was made by Councilman Byrd that the variance be granted provided that the sign is removed at time of termination of the existing lease. The motion died for lack of a second. It was the general agreement of Council that the reasoning cited did not establish a hardship as defined for purposes of granting variances, whereupon motion was made by Councilman Blackburn, seconded by Councilman Schroede1 and carried that the request be denied. Councilman Byrd voted Naye on passage of the motion. CANCELLATION OF 12-28-76 MEETING City Manager Tiffany advised that it had been traditional in past years for Council to cancel the meeting that fell between the Christmas and new Year holidays, and inquired of their desire regarding the meeting scheduled for December 28. It was the consensus of Council that the meeting be cancelled. CITY BOARDS AND COMMISSIONS Inasmuch as the terms of various board and commiss~on members shall be expiring December 31st, it was the suggestion of Mayor Smoak that Council be furnished with a list of the vacancies to be filled as soon as possible in order that they have ample time to consider potential appointments prior to the Organizational Meeting of Council on January 11th. It was . e e . MINUTES NQ1358 further suggested by Mayor Smoak that City Manager Tiffany evaluate the various existing advisory boards of the city, in conjunction with members of his staff, as to the necessity of such boards and how they actually function as opposed to appointments made to possible non-working entities. OONDEMNED BUILDINGS STATUS City Attorney Baird advised the court had entered a default on one of the parcels, and he anticipated a hearing and judg~- . ment in the very near future; one other suit had been filed, and that one other shall be filed this week. Mayor Smoak commended Mr. Baird for this extra work and effort in acquiring the necessary legal position to allow for removal of buildings which have been condemned. FINANCE DIRECTOR'S REPORT Finance Director Sanchez reported on a rather heavy cash flow at the present time, due primarily to receipts of ad valorem and franchise taxes, and such ide~ funds were being invested from time to time with $100,000 having been invested this date @ 5~%. MAYOR'S REPORT Mayor Smoak reported on a meeting of the Lake County Pollution Control Board held last evening at which they had granted the city an additional six months v~riance to use the church property for effluent disposal; That Drs. Zoltek and Bayley had appeared before the Board to present their updated proposed, and that it had been unanimously accepted as pre- sented with the exception of a change in the location which shall be from State Road 50 to immediately west and to the north of the sewage treatment plant. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative, reported briefly on his attendance of the Library Board Meeting held on Monday; That correspondence had been received advising that the Lake County League of Women Voters would be appear- ing before the Board of County Commissioners requesting that they petition for state funds to make an indepth library survey in Lake County: That the Head Start Program for children three, four, and five years of age had started with twenty having been in attendance at the initial meeting; and, That book circulation at the Library had increased considerably frDm last year. COMMUNICATIONS City Clerk Carroll advised of communications received from the Clermont High School Student Council and Mr. John Torrez, wherein they requested permission to sponsor dances in the Jenkins Auditorium on December 17th and December 18th, respectively. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the requests be granted providing all rules and regulations pertaining to dances held in the auditorium are met. . e e . MINUTES NQ1359 City Clerk Carroll read a communication from Mr. Ben G. Cunningham wherein he rendered his resignation from membership on the Planning & Zoning Commission due to business commitments. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the bills be paid. A copy is attached hereto. STATE ROAD 50 EASEMENTS AND DEEDS City Manager Tiffany advised of the following documents requested by the DOT as a part of the State Road 50 Improve- ment P~oject thru the city: Four temporary construction easements, Three storm sewer easements, and deeds for three small city-owned parcels. Motion was made by Councilman Blackburn, seconded by Councilman Schroedeit and carried that the Mayor and City Clerk be authorized to execute the necessary documents as presented. The location descriptions are attached hereto. WATER RETENTION AREA City Manager Tiffany reported on an offer to Purchase by the DOT of 18,241 square feet of property designated as a portion of the city's cemetery property in the amount of $8,030 to be used as a water retention area in the State Road 50 Project, and recommended that it be accepted, advising that most of the land is not useable for cemetery purposes. Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the City Manager's recommendation be accepted. ICMA RETIREMENT FUND TRANSFER Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that City Clerk Carroll be authorized to execute an agreement to transfer custody of fo~er City Manager Robert M. Hopkins' ICMA retirement fund to his new employer, the City of Weslaco, Texas. CITY HALL With regards a possible even trade of the existing city hall for the former bank building, motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that City Attorney Baird and City Manager Tiffany pursue the matter of obtaining an option on the property in order that there be sufficient time to thoroughly check the structure and its facilities, develop a contractual document to insure of good title to the property, and prepare a refined accounting of costs involved in actually occupying the building for use as a city hall. PROPOSED STREET MAINTENANCE PROGRAM An iihdf4)th proposa 1 and estimated cost for thi s fi scal year's street maintenance program, as prepared by City Manager Tiffany and Director of Community Services Smythe, was submitted to . ORDINANCES e . e MINUTES NQ1360 Council for their thorough study and review. It was the suggestion of Councilman Blackburn, and Council was in agree- ment, that this matter also be publicized in an attempt to obtain suggestions and input in general from the city's residents. Mayor Smoak asked that Council review the proposal carefully, and be prepared to consider the matter at the meeting to be held on Jnuary 11, 1977. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF WEST AVENUE DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 to 23,INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATIONS, and the motion was seconded by Councilman Schrode1. 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, Byrd, Schroede1, Hone~. and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 80-M assigned to it. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE NAME OF WOODLAND AVENUE ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 to 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA TO SHADY NOOK DRIVE: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE NAME OF COOPER'S LANE, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 to 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COU~TY, FLORIDA, to SCHOOL STREET: PROVIDING AN EFFECTIVE DATE: ~ND PROVIDING FOR PUBLICATION, and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE NAME OF WEST LAKE AVENUE, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 to 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY , FLORIDA, TO ELEVENTH STREET: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Mayor Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR HOME OCCUPATIONS: REPEALING ALL ORDINANCES IN C ONFl!:.I~T HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the ORDINAN~E was read in its . e e e MINUTES NQ1361 entirety for a first reading by City Manager Tiffany. Following considerable discussion on the matter wherein it was suggested certain sections could be determined arbitrary, certain sections could be determined to be too restrictive, etc., it was the suggestion of Mayor Smoak that council members, individually, consult with City Attorney Baird regarding their suggestions for revision, prior to the Public Hearing and consideration for enactment to be held on January 11, 1976. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 9:15 P. M. (!f~ Claud~ E. Smoak, Jr., Mayo~