02-08-1977 Regular Meeting
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MINUTES
NQ1375
REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, February 8, 1977. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilman Byrd, Blackburn, Honey, and Schroedel. Other officials present were:
City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director
Sanchez, and Director of Community Services Smythe. Others present were: Mr. &
Mrs. John Harder, Mr. Phil Searles, Mr. Max Judy, Mr. Henry Czech, and a representa-
tive group of residents from Emerald Lakes Mobile Home Park. Mr. Joe Sanchez,
Sentinel/Star representative, was also present.
The invocation was offered by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular and Special Meetings held on January 25, 1977, were approved
as written.
VISITORS WITH BUSINESS
Mr. John Harder, co-developer of the Emerald Lakes Mobile Home
Park, appeared before Council to request that the city participate
in one-third of the cost to improve the portion of Broome Street
between 12th Street and the Mobile Home Park, a distance of 963
feet at an estimated total cost of $21,000; That a like request
had been made by him in 1973 on the then dedicated r-o-w of 400 feet
distance, to which City Council had agreed, but due to the economic
conditions following that request, the project was not pursued;
That since that time an additional 563 feet of r-o-w had been
accepted by the Council, the Mobile Home Park had experienced a
tremendous growth increase continuing todate, and in view of the
growth rate and i mpendent State 'Road ,50 4- 1 ani ng project adjacent
to the Park entrances, he felt there was an immediate need for
the improvement of that portion of Broome Street to afford an
entrance to the Park from 12th Street as an alternative to using the
existing entrances during construction, which he opined would
create a dangerous situation. Mr. Harder further advised that the
engineering plans as proposed for the project in 1973 would have
to be updated to include provisions for standard curbs and gutters,
a pavement width of 24 feet, and water drainage structures, as
now required.
Mayor Smoak opined that it had been the intent and understanding of
previous Council at time of accepting the additional r-o-w, that
total cost for improving the addition would be borne solely by the
developers, as formal Council action for participation in cost had only
been taken on the original 400 feet, with the addition having been
accepted for r-o-w some several weeks later. Following considerable
discussion, and in view of the necessity for changes in the engineering
plans which could affect the cost as estimated, motion was made by
Mayor Smoak, seconded by Councilman Blackburn and unanimously carried
that City Manager Tiffany be authorized to enter into a contractural
agreement with the developers on a basis of one-third cost to the city
and two-thirds cost to the developers to engage an engineer for
preparation of preliminary plans for the improvement of Broome Street
from 12th Street to the Mobile Home Park, such plans to include pro-
visions for drainage control, width of pavement, and type of curb
and gutter as required todate, for Council's consideration.
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NQ1376
Mr. Max Judy, Realtor located at 300 East Highway 50, appeared
before Council to inquire of their consideration with regards the
closing of Bowman Street between Highway 50 and Highland Avenue,
and, offering for sale that portion of Lots 6 & 7 of Block 7,
Sunnyside Unit, lying north of Highway 50, such street and property
located immediately to the west of his business. Mr. Judy advised
that the impending State Road 50 improvement project necessitated
that he relocated his existing parking spaces in order to prevent
a dangerous ingress and egress situation to his business, and
although the city owned property as described is not buildable due
to the overlapping setbacks from Highway 50 and Highland Avenue, it
could be utilized as parking area such as he desires. Mr. Judy
submitted a proposed plan for Council's perusal wherein traffic
to the parking area would exit to Highland Avenue and re-enter to
Highway 50 at a different and safer location. Motion was made by
Mayor Smoak, seconded by Councilman Byrd and unanimously carried
that City Manager Tiffany derive a formula for setting a value per
foot on the city owned property, with his recommendations to Council
as to the type of formula to use, and the matter be temporari]y
deferred until the meeting to be held on February 15th.
CITY MANAGER'S REPORT
City Manager Tiffany advised that a field investigation by a DER
Biologist is scheduled within the next few days, and the necessary
permit from DER to proceed with the marshland study should be forth-
coming shortly after that; and, he inquired if Council be in~agreement
to delay the regularly scheduled meeting for Tuesday, February 22nd
until Thursday, February 24th, and it be held in Jenkins Auditorium
immediately preceding a "Town Hall Meetingll. Excepting Councilman Byrd,
Council was in agreement, whereupon Mayor Smoak called the regularly
scheduled third meeting in February to be held in Jenkins Auditorium
on Thursday, February 24, 1977 to be followed by a "Town Hall Meeting"
with the city administrative staff and council members participating
to answer inquiries from the public.
COMPREHENSIVE PLANNING COMMITTEE
Councilman Blackburn reported briefly on the recent meeting of the
Comprehensive Planning Committee, and advised there had been 300
responses to the questionnaires which interestingly revealed that
only 3% were in favor of no growth in the city, approximately 77%
were in favor of gradual controlled growth, approximately 13% In
favor of rapid growth, and 3% in favor of un-controlled growth.
TAX EQUALIZATION COMMITTEE
Mayor Smoak reported that the Tax Equalization Committee was proceeding
as rapidly as possible in their study to determine the ratio of
benefits to incorporated areas as opposed to the unincorporated.
COMMUNCA TI ONS
City Clerk Carroll advised of a request from Mrs. Nell Porter to sponsor
at dance in the Jenkins Auditorium on February 26, 1 977 ,between the
hours of 6: 30 P. M. and 11: 00 P. M. Moti on was made by Cotinci lman
Honey, seconded by Councilman Schroedel and 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 Honey, seconded by Councilman Blackburn
and carried that the bills be paid. A copy is attached hereto.
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NQ1377
PLANNING & ZONING COMMISSION
Mayor Smoak advised of a communication received from Joseph H.
Knowles wherein he had submitted his resignation from membership
on the P & Z Commission with regrets due to increased business
commitments, and had expressed his appreciation to Council for the
support and confidence extended to him.
To fill the seat vacated by Mr. Knowles, Councilman Blackburn
submitted the name of H. James Meginely, Jr. Upon inquiry from the
Chair if there be any others, and there were none, Mayor Smoak
requested the record show an unanimous ballot for Mr. Meginley.
SUBORDINATION OF UTILITY EASEMENT
City Manager Tiffany advised of a request from DOT to give up a
sanitary sewer easement at the southwest corner of East Avenue and State
Road 50, advising that the existing line will not be affected by
planned highway construction, but should it become necessary that
it be moved at a future time, the cost would be borne by them.
Motion was made by Councilman Byrd, seconded by Councilman Honey and
capried that the proper officials be authorized to execute the
necessary document to grant their request.
CHAMBER OF COMMERCE JENKINS AGREEMENT
In order to develop a formal agreement in writing between the City
and Chamber of Commerce regarding custodianship of the Jenkins Building,
City Manager Tiffany submitted a draft agreement for Council's
consideration, as prepared by he and Phil Searles, Chamber Secretary,
Mayor Smoak requested that Council study the draft thoroughly, in
order to be prepared to take action on the matter at the meeting to
be held on February 15th.
ORDINANCES
Councilman Blackburn offered and moved the adoption of AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
DIRECTING THE ADDITIONAL ASSESSMENT OF THE SUM OF ONE DOLLAR OUT
OF EVERY FINE AND FORFEITURE EXCEPT ANY VIOLATION RELATING TO THE
PARKING OF VEHICLES AS A RESULT OF THE VIOLATION OF THE MUNICIPAL
ORDINANCES OF THE UNIFORM TRAFFIC ~'~ AND PROVIDING AN EFFECTIVE DATE
THEREOF, and the motion was seconded by Councilman Byrd. The
ORDINANCE was read by City Clerk Carroll for a second and final
reading, by title only, and upon roll call vote on passage of the
motion, the result was: Ayes: Honey, Byrd, Schroedel, Blackburn, and
Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted
and the Number 93-M assigned to it.
Councilman Blackburn introduced AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA DEFINING ELECTED OFFICIALS
FOR SOCIAL SECURITY PURPOSES: PROVIDING AN EFFECTIVE DATE: AND
PROVIDING FOR PUBLICATION, and the Ordinance was read by Mayor Smoak
for a first reading, by title only.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND
PERMANENTLY ABANDONING A PORTION OF DREW AVENUE PROVIDING AN EFFECTIVE
DATE: AND PROVIDING FOR PUBLICATION, and the Ordinance was read by
City Clerk Carroll for a first reading, by title only.
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MINUTES
NQ1378
Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING
AND PERMANENTLY ABANDONING A PORTION OF BROOME STREET DESCRIBED
HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT,
RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION, and the Ordinance was read by City Clerk Carroll
for a first reading, by title only.
Following discussion of a proposed ordinance regarding utility
deposits and termination of water serviee, motion was made by Mayor
Smoak, seconded by Councilman Byrd and carried, that it be amended to
reflect that the new utility deposit schedule apply to new connections
only, and City Manager Tiffany be authorized to prescribe an amount
equal to 150% of the estimated monthly fees on deposits for commercial
establishments, hotels, motels, restaurants, cafeterias, and laundries.
Councilman Blackburn thereupon introduced AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING
SECTION 25-11 (b) OF THE CODE ORDINANCES: AMENDING SECTION 25-19 (b)
OF THE CODE OF ORDINANCES PROVIDING FOR UTILITY DEPOSITS AND TERMINA-
TION OF WATER SERVICE RESPECTIVELY: REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE:
AND PROVIDING FOR PUBLICATION, and the ordinance was read by City Clerk
Carroll for a first reading, by title only.
CONDEMNED BUILDINGS
City Attorney Baird advised that condmenation proceedings had been
instigated on the Munson property.
DELINQUENT SEWER ASSESSMENTS
City Attorney Baird'advised that response had been very good on the
delinquent sewer assessment notices as forwarded by him, with only
one remaining to be paid, which he expected would be within the
next few days.
There being no further business to be brought before Council at this time, the meeting
was adjourned by Mayor Smoak at 9:35 P.M.
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ciau e . moa,J., Mayor
OL<A~ 0 (;,AAAIf-
Dolores W. Carroll, C1ty Clerk