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02-08-1977 Regular Meeting . e e . 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. . e e . MINUTES 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. . e e . MINUTES 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. . e e . 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. (II.~~ ciau e . moa,J., Mayor OL<A~ 0 (;,AAAIf- Dolores W. Carroll, C1ty Clerk