12-21-1976 Regular Meeting
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REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, December 21,1976. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Honey, Byrd, Schroedel, and Blackburn. Other officials present were:
City Manager Tiffany, City Attorney Biard, City Clerk Carroll, Finance Director
Sanchez', and Di rector of Communi ty Servi ces Smythe. Others present were: The
Messrs. Allison, Meginley, and Searles.
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 December 14, 1976 were approved as written.
VARIANCE REQUEST: THOMAS D. KENNEDY
City Council, sitting as a Board of Adjustment, consider the
request of Thomas D. Kennedy for a Variance to Section 26-12
(LOT SIZE AND OCCUPANCY) of the Zoning Ordinance in order to
construct four duplexes on his property described as: Lots 1, 2,
3, 4, 5, and 50' of Lot 6 in City Block 70. The reason cited
previously in writing by Mr. Kennedy for the variance request, was,
That the existing zoning requirements for his property provide
for multi-family single buildings of ten units, but in order to
preserve the existing residential character of the neighborhood,
he desired to construct four duplexes, each differing in visual
appearance, but which would require a variance to the front footage
of approximately 25' for each building. A petition in support of
the request by four abutting and/or adjoining property owners, was
submitted to Council. There was no one present who voiced objection
to the request, whereupon motion was made b y Councilman Blackburn
seconded by Councilman Honey and unanimously carried that the
request be granted.
City Council further considered the request of Mr. Kennedy for a
Variance to Section 26-45 (SIDE YARD ON CORNER LOTS) of the Zoning
Ordinance in order to construct the aforescribed duplexes with an
eighteen foot separation between the buildings to further preserve
the existing residential charter of the neighborhood, but which
would require a Variance to the corner lot setback of fifteen feet.
Mr. Kennedy advised that with the street right-a-way being 100'
at this location, should the variance be granted, there would
still remain a distance of 65' from the center line of the street.
There was no one present who voiced objection to the request,
whereupon motion was made by Mayor Smoak, seconded by Councilman
Blackburn and unanimously carried that the request be granted.
VISITORS WITH BUSINESS
Mr. Phil Searles of the local Chamber of Commerce, appeared before
Council to advise of visitors to be in the city on December 29th
from Clermont-Ferrand, France, namesake of the City of Clermont,
and in order to further cultivate good will and friendship between
the Sister-Cities, would urge that Council authorize some appropriate
token to be presented to them. Motion was thereupon made by Council-
man Blackburn, seconded by Councilman Honey and unanimously carried
that City Attorney Baird prepare the necessary Resolution of Welcome
for presentation to the visitors by Mayor Smoak.
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Mr. Searles reported to Council of his concern regarding the lack
of signs approaching the city on Highway #27 extending welcome to
the city and advertising its Civic Clubs via their appropriate
logo; That in order to generate such a project and utilize the
base of the two existing signs that are in bad state of repair
and non-distinguishable, he had obtained a cost for new construc-
tion @ $1489.20 and agreement from the local civic clubs to fund 30%
of such cost, if Council would fund the balance. Motion was made by
Mayor Smoak, seconded by Councilman Byrd and unanimously carried
th~t this matter be referred to City Manager Tiffany to investigate
the possibility, and to develop for Council's consideration alterna-
tive costs for both size and types of signs, and submit his recommenda-
tion regarding the request of Mr. Searles.
PROPOSED OPTION AGREEMENT-EXCHANGE OF CITY HALL PROPERTY
City Attorney Baird submitted a proposed option agreement regarding
possible exchange of the city hall property for the former Exchange
Bank building property, for Council's consideration. Following con-
sideration of the document, it was the recommendation of Mr. Baird
that the "Proof of Title" portion be amended to: "Each party shall
deliver to the other within 20 days of the exercise of this option,
an abstract or title insurance binder", whereupon motion was made by
Councilman Blackburn, seconded by Councilman Schroedel and unanimously
carried that the amendment be accepted and the option be executed by
the appropriate officials.
LEASE AGREEMENT-COUNTY OWNED PROPERTY
City Attorney Baird advised the previously executed lease agreement
pertaining to county owned property between Lake County and the City
had been amended and returned for Council's consideration; That the
amendment pertained to Section XIII LIABILITY INSURANCE which reads,
liThe Lessee agrees to obtain liability insurance in the amount of
$100,000.00 for personal liability and $20,000.00 for property damage
lho jointly protect the Lessor and the Lessee, liar, such higher limits
as proscribed by Florida Statutes as to liability of the County",
and recommended its acceptance. Motion was made by Councilman Blackburn,
seconded by Councilman Schroedel and unanimously carried that the
amendment be accepted and the Mayor and City Clerk be authorized to
execute same.
It was the suggestion of Mayor Smoak that City Manager Tiffany evaluate
the property under this lease agreement, communicate with all interested
persons of sub-letting the property, and submit his recommendations for
council's consideration.
FINANCE DIRECTOR'S REPORT
Finance Director Sanchez reported that inasmuch as the sanitary
sewer and water improvements loan from Farmers Home Administration had
not yet been finalized, the city was still involved with interim
financing from the State of Florida and Peoples State Bank of Groveland;
That the loan from Peoples State Bank had been obtained at an interest
rate of 6~%, but since that time there had been a dramatic decrease in
interest rates, and they were willing to re-finance the loan at an
interest rate of 5\%. Motion was made by Councilman Byrd, seconded
by Mayor Smoak and unanimously carried that the appropriate persons
be authorized to re-negotiate andre-finance the existing loan with
Peoples State Bank at an interest rate of 5\%. .
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MAYOR SMOAK'S REMARKS
Mayor Smoak advised that with the near approach of the New Year,
he had evaluated the city's functions and business during this year,
of which he was pleased and proud to have been a part of, and he
desired at this time to express his appreciation to fellow members
of Council, City Attorney Baird, and members of the city staff for
duties performed and cooperation extended in making it all poss'U>le.
COMMUNICATIONS
City Clerk Carroll reported on a communication received wherein
permission was requested by the Future Business Leaders of America
of Clermont High School to sponsor a dance in Jenkins Auditorium
on January 14, 1977. Motion was made by Councilman Byrd, seconded
by Councilman Honey and unanimously carried that the request be
granted provided all rules and regulations pertaining to dances
held in the Auditorium are met.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Mayor Smoak
and carried that the bills be paid. A copy is attached hereto.
BID AWARDS
City Manager Tiffany advised that three bids for air conditioning
and heating maintenance had been submitted as follows:
Kennedy Company
Wood Heating & Cooling
True Temp
$96.00/month
($158 full-service alternate)
$130.00/month
$16.50/hour
That the bids were in order as per specifications submitted, and
he would recommend that the low bid of Kennedy Company be accepted.
Motion was made by Councilman Blackburn, seconded by Councilman Honey
and unanimously carried that the recommendation of City Manager
Tiffany be accepted.
City Manager Tiffany advised that a single bid for petroleum products
had been submitted by W. M. Teal as follows:
Regular
No Lead
Diesel
30W Oil
1 OW40
@ . 404/ga 1
@ .419/gal
@ .410
@ $12.90 per case
@ $16.50 per case
That the bid was in order as per specifications submitted, and he
would recommend that it be accepted. Motion was made by Councilman
Blackburn, seconded by Councilman Byrd and unanimously carried that
the Citv Manaqer's recommendation be accepted.
PROPERTY OFFER TO CITY
City Manager Tiffany reported on an offer received from Mrs Dorothy
Wolfe Smith to donate a 1. 52 acre parcel of real property to the city;
That said property is located directly north of the Sewage Treatment
Plant, which he felt could be utilized for a variety of city purposes,
and he would therefore recommend that the offer be accepted. Motion
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was made by Councilman Byrd, seconded by Councilman Blackburn and
unanimously carried that A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ACCEPTING AND APPROVING THE
GRANTING OF CERTAIN REAL RPOPERTY IN THE CITY OF CLERMONT BY
DOROTHY WOLFE SMITH TO THE CITY OF CLERMONT, be accepted and executed
by the Mayor and City Clerk. The Resolution was read ~p full by City
Clerk Carroll, and the Number 288 assigned to it. City Manager
Tiffany was requested to communicate Council's appreciation to Mrs.
Smith for her generous offer.
ORDINANCES
Councilman Blackburn offered and moved the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCES 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; PROVIDING FOR 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,
Byrd, Honey, and Smoak. Total Ayes: Five. Nayes: None. So the
ordinance was adopted and the Number 155-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, AMENDING SECTION 26-79. 1 OF ARTICLE X OF APPENDIX A OF THE
CODE OF ORDINANCES; PROVIDING FOR VEHICLE/PORTABLE 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 Schroedel. The Ordinance was read
for a second and final reading by City Clerk Carroll, by title only,
and upon rollcall vote on passage of the motion, the result was:
Ayes: Byrd, Blackburn, Schroedel, Honey, and Smoak. Total Ayes: Five.
Nayes: None. So the Ordinance was adopted and the Number 156-C
assigned to it.
There being no further business to be brought before Council at this time, the
meeting was adjourned by Mayor Smoak at 8:30 P. M.
~A) li ~A"
Do es W. Carro 1, City erk
Clau~~