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04-12-1977 Regular Meeting . e e . MINUTES NQ1393 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 12, 1977. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Honey, Schroedel, and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sancez, Director of Community Services Smythe, Director of Community Development Nagel, and Chief of Plice Tyndal. Others present were: Ms. Maureen Hurd; Mesdames Sliger, Kirkland, Lord; Mr. & Mrs. Jim Stearns; Master Chris Honey, and the Messrs. Czech, Searles, Causey, and Swann. Mr. Joe Sanchez, Sentinel/Star representative was also present. The invocation was offered by Councilman Byrd, following by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held March 22, 1977 were approved as written. VARIANCE REQUEST: CARROLL CAUSEY Council, sitting as a Board of Adjustment, considered the request of Carroll Causey for a Variance to Section 26-2 (E)(2)(3) (URBAN RESIDENTIAL DISTRICT-SIDE & REAR YARD SETBACKS) of the Zoning Ordinance to allow for construction of a Utility Building on his property described as the N~ of Lots 1 and 3 in Block 108 of Indian Hills Subdivision, which penetrated 6' into the required side and rear yard setbacks. Mr. Causey's request was supported by written notification from the immediate abutting property owners that they were in favor of the request being granted. There was no one present who voiced objection to the request, whereupon motion was made by Councilman Byrd, seconded by Councilman Honey and carried that the Variance be granted as requested. RE-ZONING REQUEST: RICHARD R. SWANN, TRUSTEE Mr. Richard R. Swann appeared before Council in support of his request for the re-zoning of a portion of his property generally described as being located south of Minnehaha Estates and running east from Lake Minnehaha to U. S. Highway 27. Mr. Swann advised he was requesting a re-zoning of the middle third only of his property, consisting of 15.7 acres, more or less, from its existing combination of R1A, R-3A, and C-2 zoning to R-l zoning, in order to develop a subdivision of single-family residential dwelling, and, that said middle portion of the property had been designated for the initial development, as required in an agreement between the present and former owners. City Manager Tiffany advised it was the recommendation of the Planning and Zoning Commission, following their consideration of the matter in Public Hearing held March 1, 1977, that the existing portion of the property zoned R1A remain as is, but that the portions zoned R3A and C-2 be re-zoned to R-l. Motion was made by Councilman Blackburn and seconded by Councilman Honey that the re-zoning as requested be granted, provided that the final plat when presented, reflects a buffer zone of 30' between the platted lots and the remaining C-2 zone. The motion failed to carry with Mayor Smoak, Councilman Byrd, and Councilman Schroedel voting in the negative. It was the opinion of Councilmen Schroedel and Byrd that the portion fronting Lake Minnehaha should remain as R1A zoning. It was the opinion of Mayor Smoak that a more desirable method for development of this property would be under . e e . MINUTES NQ1394 a Planned Unit Development for the entire parcel of 104 acres, thereby eliminating the possibility of creating a potential undesirable situation should something happen prior to completion of the development as proposed by Mr. Swann, leaving a partially developed parcel bound on three sides by three different zoning classifications. Motion was then made by Councilman Blackburn, seconded by Councilman Honey and carried, that re-zoning be granted as recommended by the P & Z Commission, and in addition, that a buffer zone of at least 30' between the platted lots and the C-2 zone, be provided. Mayor Smoak and Councilman Byrd voted in the negative. City Attorney Baird was requested to prepare the necessary document for Council's consideration. STREET IMPROVEMENT PROGRAM City Manag~r Tiffany advised the first phase of the streets improve- ment program was scheduled to begin on Monday, April 18th by Macasphalt Corp. MARSHLAND STUDY It was the suggestion of Mayor Smoak that at such time as the University Researchers were ready to commence the actual testing of the marshland, that all members of the Lake County Pollution Control Board be formally invited to visit onsite the beginning of the study proper, and be apprised of the procedure to be followed by the researchers in the 12 month testing period. Mayor Smoak further requested that City Manager Tiffany formally request the Lake Waterways Authority and the Lake County Commission for the funds as pledged by them in participation of the project, and such funds be placed in special account earmarked for the marshland study. FRESOLONE VS CITY City Attorney Baird advised the trial date of Fresolone vs the City of Clermont had been set for Wednesday, April 20th, and being open trial, all members of Council were welcome to attend. ANTI-RECESSION FUNDS Finance Director Sanchez reported on the sizable reduction of federal anti-recession funds received this quarter of $2400.00 as opposed to $5900.00 received the previous quarter. PROPOSED SOFTBAlL FIELD Due to the tremendous number of participants in the summer softball program, it was the suggestion of Mayor Smoak that the city pursue the poss i bil ity of havi ng one constructed on the Cl ermont El ementary School Grounds, adjacent to the tennis courts, and from the various participating sources as made possible the construction of the tennis courts. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the matter be pursued, and if an agreement can be obtained from the School Board assuring of public use, that procedures for construction as suggested by Mayor Smoak, be instigated. SANITARY SEWER ASSESSMENTS Councilman Byrd advised of a matter that had been brought to his attention whereby there were properties in the city that had not been assessed for sanitary sewer improvments though the service . e e . MINUTES NQ1395 was available, and there would be no costs for the property having been served until a building permit is requested for im- provements to be made on the property, and he thereupon suggested that the City Manager and the City Attorney investigate the possibility of some legal and proper method of collecting, what he feels is money owed the city now, on all properties that are served with sanitary sewer, but were not assessed. SAFETY MEASURE Councilman Honey advised of a complaint received regarding hazard- ous holes existing that were camouflaged by high grass in the location adjacent to Highway 27, south of Hook Street, that had been dug for replacement of a billboard sign that was not allowed to be constructed. The matter was referred to Director of Community Development Nagel for proper notification to the property owner. PAYMENT OF BILLS Motion was made by Mayor Smoak, seconded by Councilman Byrd and carried that the bills be paid. A copy is attached hereto. BID AWARDS City Manager Tiffany advised that a single bid had been submitted for the Heater-Planing segment of the street improvement program from Jim Jackson Contractor of Little Rock, Arkansas @ 49~ per square yard, and finding the bid to be in order, recommended that it be accepted. Motion was made by Councilman Byrd, seconded by Mayor Smoak and carried that the City Manager's recommendation be accepted. City Manager Tiffany advised of a single bid submitted for the Slurry Seal segment of the street improvement program from J & B Slurry Seal of Winter Park, Florida @ $.4589 per sq.yd. for cationic @ $.3989 per sq.yd. for anionic and finding the bid to be in order, recommended that the bid be accepted for cationic slurry seal, with option to change to anionic should problems arise due to humidity and temperature. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that the City Manager's recommendation be accepted. City Manager Tiffany advised that bids had been submitted for a refuse packer as follows: Southland Equipment Transtat Equipment Environmental Equipment Industrial Refuse Sales H.F. Mason Equipment Bennett Truck Equipment Fla. Sanitation Equipment $22,331.61 22,469.00 22,596.00 24,309.00 25,309.75 25 , 841. 00 26,167.60 and upon investigation of the bids as to the specifications, and personal examination of the units in action by Director of Community Services Smythe, he recommended that the second low bid of Transtat Equipment for a Heil Mark IV packer mounted on a Ford LN-800 Chassis be accepted as opposed to the low bid from Southland Equipment offering an E-Z Pack Body. Motion was made by Councilman Blackburn, seconded by Councilman Honey and carried that the City Manager's recommendation be accepted. . e e . MINUTES NQ1396 ORDINANCES 159-C and 160-C Mayor Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, REGULATING SOLICITATIONS FOR CHARITABLE, PATRIOTIC, PHILANTHROPIC AND OTHER PURPOSES: REQUIRING REGISTRATION OF THOSE ENGAGED IN SOLICIATIONS FOR ANY PURPOSE: PROHIBITING SOLICIATIONS BY FALSE OR FRAUDULENT STATEMENTS, and the motion was seconded by Councilman Byrd. 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, Honey, Byrd, Schroedel, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 159-C assigned to it. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE OFFICIAL MAP OF THE CITY OF CLERMONT REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES: REZONING THE REAL PROPERTY DESCRIBED AS SOUTH 23 FEET OF LOT 251 AND ALL OF LOT 252 IN CLERMONT HEIGHTS SUBDIVISION FROM R-2 ZONING CLASSIFI- CATION TO R-3 ZONING CLASSIFICATION. and that it shall become effective immediately upon its passage. The motion was seconded by Mayor Smoak. 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: Schroedel, Blackburn, Honey, Byrd, and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 160-C assigned to it. 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. JQaM..J lJ. ~~. Do ores W. Carro ,Ci y Clerk Cl{!!~r