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09-13-1977 Regular Meeting . e e . MINUTES NQ 1435 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, September 13, 1977. In the absence of Mayor Smoak who was ill, the meeting was called to order by Mayor Pro-Tem Carlisle A. Byrd, Jr., at 7:30 P.M. with the following members present: Councilmen Blackburn, Schroedel, and Honey. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Public Works Director Smythe, and Chief of Police Tyndal. Others present were: Ms. Maureen Hurd and the Messrs. Judy, Willet, Doub. Evans, Cole, Prunier, Ogden, Wheeler, and Searles. The invocation was offered by Mr. Smythe, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meeting held August 23, 1977 were approved as written. PUBLIC HEARINGS Council, sitting as a Board of Adjustment, considered a request by Mr. Gail Wheeler for a Variance to Section 26-20 (E) (2) (RIA URBAN RESIDENTIAL DISTRICT - SIDE YARD SETBACKS) of the Zoning Ordinance in order to construct a concrete expansion to his driveway at 535 Mar-Nan-Mar Place (SW'ly 75' of Lot 13, NE'ly 25' of Lot 14, Point Place Subdivision) that would require a 6' penetration into the required 9 foot side yard setback. Mr. Wheeler appeared before Council in support of his request, advising he had an existing one-car driveway and carport, and in order to park an additional car off the street, he desired to pour an open slab, abutting and flush with the existing carport floor. Following inquiry from the chair if there be anyone present who wished to address the matter, and there being none, motion was made bv Councilman Blackburn. seconded by Councilman Honey and carried that the request be Qranted. Council, sitting as a Board of Adjustment, considered a request by Mr. Nello Woodhouse for a Variance to Section 26-21 (E) (2) (3) (R-l URBAN RESIDENTIAL DISTRICT - SIDE AND REAR YARD SETBACKS) of the Zoning Ordinance in order to allow for a Utility Building on his property at 837 Center Lane (Lot 9, Block 3, Chain-O-Lakes Subdivision) that would require a ~' pene- tration into both the sideyard and rear yard setbacks. In the absence of Mr. Woodhouse, City Manager Tiffany advised that prior to the annexation of Minnehaha Estates into the City, during which time the residence now occupied by Mr. Woodhouse was constructed, the rear and side yard require- ments had been considerably less, and because of this, the existing utility building is now in violation. Following inquiry from the Chair if there be anyone present who desired to address the matter, and there being none, and inasmuch as the plot plan as presented indicated ample space between the building and lot lines for grass maintenance, motion was made by Councilman Blackburn. seconded bv Councilman Schroedel and carried that the request be granted. DUMP-ALL RATE ADJUSTMENT Mr. Bernard Prunier, representative of Dump-All, Inc., appeared before Council in support of their request for approval of a 17.5% rate increase for container waste service, and reiterating such request was based on the existing inflationary spiral costs of operation. Mayor Pro-Tem Byrd inquired as to any objections submitted to the City administration, or from anyone present, following the public notice of the rate increase request and the written notification to present users, and there being none, motion was made bv Councilman Blackburn. seconded by Councilman Schroedel and carried that Citv Attornev Baird be requested to prepare the necessary amendinQ ordinance to allow the rate increase as requested. for Council's consideration. . e e . MINUTES NQ 1436 COMPREHENSIVE PLANNING - COMMUNITY BLOCK GRANTS Mr. Mike Willet, Lake County Planning Director, appeared before Council to advise of state funds available to municipalities for planning, and opined that a joint application from Clermont and Minneola would establish a higher priority, if Council so desired combining with them. Council was in agreement with such a joint application. Mr. Willet further advised Council of Federal Grant opportunities available wherein municipalities would have the opportunity to improve their low income and deteriorating neighborhoods with proper drainage, road paving, housing, etc.; That the County, at the request of HUD, is presently exploring the possibility of combining with some of the smaller municipalities in obtaining such funds inasmuch as it is difficult for them to compete with the counties due to their small demographic base; and, That their work at this point had been to group three 'general areas with small cities to be tentatively described as The South Lake County Community Development Block Grant Area. Mr. Willet still further advised that this study is in a pre- liminary stage, but he desired to appraise Council of the County's interest in such an improvement program for South Lake County, for possible future commitment by the City to participate. LAK~S IMPROVEMENT COMMITTEE City Manager Tiffany advised that Mr. Willian Dailey, Chairman of the Lakes Improvement Committee, had completed a diligent and thorough research and study,and is now prepared to report his findings to Council. For this purpose, he advised that Mayor Smoak had called a work session of Council for Wednesday, September 21st at 5:00 P.M. in the office of the City Manager. CITY ATTORNEY'S REPORT City Attorney Baird advised that the city had been named as a co-defendant along with its insurance company in a wrongful death action arising from a suicide in the city jail some months ago, and that he had been in contact with the insurance company and would be keeping Council posted on the status of the suit. Mr. Baird reported it was his understanding that Mr. Fred Saunders, the desired lessee of the former city dump property, felt the cost of obtaining a liability policy in the amount of a million dollars as had been suggested by Council, to be prohibitive, and upon his inquiry of the City Manager as to amounts of liability insurance required by the City on other lessees of city property it had been determined that the largest amount had been $100,000. It was the opinion of Mr. Baird that such amount of $100,000 would be adequate, along with a requirement that the lessee provide adequate notices on the property as to its reclamation status. Motion was thereupon made by Councilman Blackburn, seconded by Councilman Honey, and carried that the proposed Lease Agreement be amended to include the City Attorney's opinion. COMMENTS BY COUNCIL Councilman Schroedel, liaison representative to the Library Board, reported a record book circulation for the months of July and August had been estab- lished, with the Library serving 2700 readers. With regards the suggested items on maintenance and improvements for the Jenkins Auditorium as submitted to Council by an "Accent on Culture" com- mittee, Councilman Schroedel advised it was his hope that they would be taken care of. . e e . MINUTES NQ 1437 Councilman Blackburn extended congratulations to the local Chamber of Commerce on their successful membership drive, and expressed commendation for their activities during the past year. EMPLOYEE INSURANCE City Manager Tiffany advised of an employees meeting to be held on Wednesday to explain the revised hospitalization and life insurance policies, and recommended that authorization be given for execution of the implementation forms following the meeting. Motion was made by Councilman Honey, seconded by Councilman Schroedel and carried that the City Manager's recommendation be accepted. CITY/CHAMBER OF COMMERCE JENKINS AUDITORIUM AGREEMENT AMENDMENT In order to accomodate requests for permission to hold dances in the Jenkins Auditorium on dates prior to scheduled Council meetings, it was the suggestion of City Manager Tiffany that Rule No. 8 of Appendix C of the Rules Governing The Use Of The Jenkins Auditorium be amended to allow the City Manager to grant routine dance requests that conform to the rules. Motion was made by Councilman Honey, seconded by Mayor Pro-Tem Byrd and carried that the City Manager's suggestion be accepted. BID ACCEPTANCE - CITY PROPERTY City Manager Tiffany advised of a single bid offer received from Mr. Max Judy for the purchase of the W~ of the former 30wman Street r-o-w lying between State Road 50 and Highland Avenue, and, an additional 100' lying immediately to the West, @ $.60 per square foot. Motion was made by Councilman Blackburn, seconded by Councilman Honey and carried that the bid offer as submitted be accepted and the City Attorney be authorized to prepare the necessary doc- uments for execution by the proper city officials. PAYMENT OF BILLS ORDINANCES Motion was made by Councilman Honey, seconded by Councilman Blackburn and carried that the bills be paid. A copy is attached hereto. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT ABANDONING AN EASEMENT OVER A PORTION OF BOWMAN STREET and the motion was seconded by Councilman Honey. 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, Schroedel, Blackburn, and Byrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the Ordinance was adopted and the Number 102-M assigned to it. Councilman Schroedel introduced AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATIONS OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1977-78 AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT FOR THE YEAR 1977 FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, ADOPTING THE UTILITIES DEPARTMENT BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1977-78: AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED THEREIN, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. . e e . MINUTES NQ 1438 Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, AMENDING ORDINANCE NO. 26-1-M; GRANTING A FRANCHISE TO OPERATE AND MAINTAIN A BROADBAND COMMUNICATIONS SYSTEM IN THE CITY OF CLERMONT; PROVIDING REGULATIONS AND CONDITIONS THEREOF, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, CHANGING THE NAME OF A PORTION OF BROOME STREET TO EMERALD LAKES STREET, and the Ordinances was read for a first reading by City Clerk Carroll, by title only. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Pro-Tem Byrd at 9:06 P.M. MAYOR ATTEST: yfl..1uJ 1).~ DO ES W. CARROLL - CITY C ERK