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05-10-1977 Regular Meeting . e e . MINUTES NQ1404 REGULAR MEETING A regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 10, 1977. In the absence of Mayor Claude E. Smoak, Jr. who was 'nattendance at the Florida League of Cities Directors Meeting in Tallahassee, the meeting was called to order at 7:30 P. M. by Mayor Pro-Tem Carlisle A. Byrd, Jr. with the following members present: Councilmen Schroedel, Honey, and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Director of Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: Ms. Hurd; Mesdames Ray, Mole; Mr. & Mrs. Jim Hotaling; Messrs. Doub, Ray, Czech, Sperry, Evans, Ogden, and Sargent. The invocation was offered by Mr. Smythe, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held April 26, 1977 and of the Special Meeting held May 2, 1977, were approved as written. TELEPROMPTER REQUEST Mr. J. A. Doub, Teleprompter District Manager, appeared before Council in support of their request that the existing franchise agreement be amended to eliminate the section regarding regulations of rates, now that federal law no longer requires such regulations by the franchising authorities. It was the suggestion of City Manager Tiffany, and Council was in agreement, that the expertise necessary to evaluate the complex financial data submitted to substantiate rate increases was not available with local authorities, but in order to provide protection by the franchising authority to the consumer, that possible pegotiations were in order in exchange for such deregula- tions. Mayor Pro-Tem Byrd thereupon requested that City Manager Tiffany and City Attorney Baird instigate negogiations with Teleprompter officials regarding a proposed new franchise agreement for Council consideration. VARIANCE REQUEST: MRS. EVELYN MOLE Sitting as a Board of Adjustment in Public Hearing, Council considered the request of Mrs. Evelyn Mole for a Variance to the Zoning Ordinance in order that she might construct a residence on her property described as Lot 3 and S~ of Lot 2 in Block C of Lake Minnehaha, Chain-o-Lakes Development that would penetrate two feet into the required rear yard set-back, the rear yard being on the lake front. Mrs. Mole submitted her appeal for relief of hardship based on, "There are several trees which will have to be removed, and I wish to save the rest by penetrating two feet." Following inquiry from the Chair, there was no one present who voiced objection to the request, whereupon motion was made by Councilman Blackburn, seconded by Councilman Honey and unanimously carried that the request be granted. VARIANCE REQUEST: MR. JIM HOTALING Sitting as a Board of Adjustment in Public Hearing, Council considered the request of Mr. Jim Hotaling for a Variance to the Fence Regulations of the Building Code to allow for a fence on his property described as Lots 66, 67 & 68 in Hillcrest Subdivision that is two feet in excess of the allowable height. Mr. Hotaling appeared before Council in support of his appeal for relief of hardship based on "I feel this fence is necessary to conceal a very unsightly and unhealth condition-which continually exists in the adjacent area which I desire to screen from my view as well as to set apart my neatly keptpremises from this unsightly area. The elevation of my property, being higher than the adjacent area, is such . e e . MINUTES NQ 1405 that any lesser height of the fence would not effectively provide the necessary protection. The close proximity of this condition to the only access to parking and entry to my rental apartment would greatly lessen the desirability of theapartment thereby reducing the potential income productivity of my property which I have maintained in good condition for over 20 years. Previous efforts by the City authorities have proven unsuccessful in eliminating this nuisance except for partial and very temporary efforts at compliance with "clean-up" requests." Following inquiry from the Chair, there was no one present who voiced objection to the request, whereupon motion was made by Councilman Schroedel, seconded by Councilman Honey and unanimously carried that the request be granted. STREET IMPROVEMENT PROGRAM City Manager Tiffany advised that the Macasphalt Contractors would be back in the city within the next few weeks to complete the paving segment of the improvement program, and inasmuch as he had been advised by Bob Andrew, Lake County Public Works Director, that Hook Street, west of Highway 27, had not been a part of the County-maintained road system since at least 1966, it would be the responsibility of the City for its improvment unless it be the desire of Council for other measures. Due to its continual use as a main thoroughfare to and from the City, it was the contention of Council that it should be County-maintained, whereupon motion was made by Mayor Pro-Tem Byrd, seconded by Councilman Blackburn and unanimously carried that City Attorney Baird prepare the necessary Resolution for presentation to the County Commission re- questing that the County accept responsibility for the maintenance of that portion of Hook Street. BALLFIELD FACILITIES City Manager Tiffany reported that work had begun on the additional softball facilities at the Elementary School on Monday, and that they anticipated they would be ready for daytime playas early as next week. COOPER MEMORIAL LIBRARY Counci lman Schroede 1, 1 i ai son representati ve to the Li brary Board, reported the Library had proposed a summer reading program again this year; That there was a possibility of the solicitation for financial assistance from the City to aid the Library during the ususal "summer slump";, and, the Library Board has been highly commendable for the city's efforts in providing off-street parking for library patrons. JAYCEE BEACH PAVILION Councilman Blackburn advised of a request received for the reservation of the Jaycee Beach Pavilion on Sunday, May 15th between 1:00 and 4:00 P.M. by the Junior Girls Softball League for their end-of-season picnic. Motion was made by Councilman Honey, seconded by Mayor Pro-Tem Byrd and unanimously carried that the request be granted. COMMUNICATIONS City Clerk Carroll read a communication from the local "Head Start Program Parents", requesting permission for use of the Jenkins Auditorium to sponsor a dance on Friday, May 20th between the hours of 7:30 P. M. and 12:00 Midn2~ht. Motion was made by Councilman Schroedel, seconded by . e e . MINUTES NQ 1406 PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the bills be paid. A copy is attached hereto. MAX JUDY REQUEST: OFFER FOR SALE OF CITY PROPERTY Following request of Council that City Manager Tiffany recommend a price for the property as requested by Mr. Judy to be offered for sale, he submitted a minimum price of 50~ per square foot for the approximate 5400 square feet of property, following his consultation with local Realtors/Appraisers VanderMeer and Rocker with regards recent sale prices of Highway 50 property and consideration of the property's severe limitations because of required setbacks. Motion was made by Councilman Blackburn, seconded by Councilman Honey and unanimously carried that the City Manager's recommendation be accepted. CORPORATE RESOLUTION FOR DEPOSITORY OF PUBLIC FUNDS Inasmuch as time is of the essence in the depositing many times of large sums of city funds at interest, motion was made by Mayor Pro- Tem Byrd, seconded by Councilman Schroedel and unanimously carried that a Corporate Resolution be adopted authorizing the Finance Director or the City Clerk to open deposit accounts of the City with any Bank, Trust Company, or Savings and Loan Associations which qualify as depositories of public funds under applicable Florida Statutes, are members of the Federal Deposit Insurance Corporation, or the Federal Savings and Loan Insurance Corporation. EARMARKED UTILITY FUNDS It was the recommendation of City Manager Tiffany that the recent partial reimbursement for the sanitary sewer plant construction costs from the U. S. Environmental Protection Agency in the amount of $27,400 was for a capital expenditure that is a part of the city's bonded debt, that these funds be earmarked for foreseeable major utilities capital improvement needs. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the City Manager's recommendation be accepted and the funds be earmarked for "Utilities Capital Improvements". ORDINANCE: NO. 162-C Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REGULATING SOLICITATIONS: REQUIRING REGISTRATION OF THOSE ENGAGED IN SOLICITATIONS FOR ANY PURPOSE: PROHIBITING SOLICITATIONS BY FALSE OR FRAUDULENT STATEMENTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the Ordinance was read for a first reading by City Clerk Carroll, by title only. There being no further business to be brought before the was adjourned by Mayor Pro-Tem Byrd at 8:33 P. M. ~.d) 'I; ~ Do ores W. Carroll, City Clerk