04-12-1977 Regular Meeting
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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
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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
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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.
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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