01-24-1978 Regular Meeting
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MINUTES
NQ 1001
REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, January 24, 1978. The meeting was called to order at 7:30 P.M. by
Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Cole, Byrd,
Schroedel, and Honey. Other officials present were: City Manager Tiffany, City Attorney
Baird, City Clerk Carroll, Finance DirectorSanchez, and Chief of Police Tyndal. Others
present were: Mr. & Mrs. William Wilkins, and the Messrs. Searles, Czech, Sargent, Smith,
Jones, Apetz, Smyth, Griffin, and Kitson.
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 Meeting held January 10, 1978 were approved as written.
PUBLIC HEARING: VARIANCE REQUEST
Council, sitting as a Board of Adjustment, considered a request by Mr. William
Wilkins for a Variance to Chapter 5, Article II, Section 5-15 (FENCES) of the
Code of Ordinances in order to construct a fence in excess of the allowable height
requirement on his property described as Lots 19 & 20 in Hillcrest Subdivision
(555 East Avenue). Mr. Wilkins appeared before Council in support of his request,
advising that due to the slope of his property in relation to the apartment complex
which abutts his property to the rear, there was no privacy between the two properties
and in order to provide same it would be necessary that he construct a fence of 81
in height which would be 2' in excess of the allowable height limitation. Council-
men Byrd and Honey advised they had made an on-site inspection of the properties,
and were in agreement that it was a reasonable request. Following inquiry from the
Chair as to any comments from the floor regarding the matter, and there being none,
motion was made by Councilman Honey, seconded by Councilman Byrd and carried that
the request be granted.
REZONING REQUEST: JOHN R. JONES
With regards a previous request to Council by John R. Jones for the rezoning of
five lots owned by him in City Block 45 from the existing C-1 zoning classification
to R-3 zoning classification in order to utilize the property for single family
dwellings, he appeared before Council to submit a petition from the remaining
property owners of the north half of City Block 45, wherein they joined him in a
request for rezoning of their property also. Consideration of the initial request
had been tabled by Council pending an opinion of the Comprehensive Planning Com-
mittee as to the preliminary proposed plan for that area, and City Manager Tiffany
thereupon advised it was their present thinking that the property in question
should be designated IIMedium Density Residentialll in the proposed Comprehensive
Plan. Following inquiry from the Chair as to any comments from the floor regarding
the matter, and there being none, motion was made by Councilman Schroedel, seconded
by Councilman Cole and carried that the request be accepted and the ~lty Attorney
be requested to prepare the necessary Ordinance for conslderatlon.
SEMINOLE WELL STATUS
City Manager Tiffany advised that another series of tests on the well had been
started, and that the results from the most recent samples taken had been in an
acceptable catagory.
BROOME STREET EXTENSION
City Manager Tiffany advised that the final inspection of the Broome Street Extension
project was scheduled for 9:30 A.M. on Wednesday, January 25th, and all interested
persons were welcome to be present, which would be at the jOb site between 12th Street
and Emerald Lakes Park.
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MINUTES
NQ 1002
ANNUAL LEAGUE OF CITIES PRE-LEGISLATIVE CONFERENCE
Mayor Smoak advised that he and City Manager Tiffany would be attending the
annual pre-legislative conference in Tallahassee as sponsored by the State League
of Cities on February 16th and 17th, and encouraged other Council members to attend
if possible.
MARSHLAND STUDY
City Manager Tiffany advised he had appeared before the County Commission to give
them a status report on the marshland study inasmuch as they are participants in
the study, and had advised them of the city1s continuing pursuit of obtaining federal
funding and other funding following an initial refusal from EPA for federal funding,
and would possibly be soliciting their financial assistance for a second year of the
study. He further advised that no official action had been taken by the Commission
regarding the matter, but that their general discussion had been supportive to the
city's quest in continuing the study.
Following extensive research of published materials, and personal contact with
officials of the various regulatory agencies, Mr. William H. Dailey compiled a
report of his findings, along with suggestions by him, for Council's consideration
in the pursuit of action to take in alleviating the effluent disposal problem.
Mayor Smoak encouraged Council to thoroughly read and study the report prior to
meeting with Dr. Zoltek of the University of Florida Research Staff, which would be
arranged in the very near future.
OUTSTANDING CITY TAX CERTIFICATES
City Attorney Baird advised of numerous outstanding tax certificates as held by the
city on delinquent city taxes dating back to 1967, and inquired of Council's desire
in their disposition. It was the recommendation of Mr. Baird that collection pro-
cedures be instigated by communication from his office, with forclosure proceedings
to be authorized as final action in cases where no response is received. Motion
was made by Mayor Smoak, seconded by Councilman Honey and carried that City Attorney
Baird's recommendation be accepted.
PAYMENT OF BILLS
Motion was made by Councilman Honey, seconded by Councilman Cole and carried that
the bills be paid. A copy is attached hereto.
LOGO
It was the recommendation of City Manager Tiffany that the proposed Logo as designed
for the City by the late Ralph Graham be recognized by Council as an appropriate
identification for the city's vehicles, letterheads, and similar uses. Council
was in agreement, and reiterated their appreciation for the interest and service as
extended by the late Mr. Graham in the voluntary donation of his expertise as a
professional graphic artist in designing a logo for the city. Motion was made by
Councilman Schroedel, seconded by Mayor Smoak and carried that the City Manager's
recommendation be accepted.
CITY OWNED RENTAL PROPERTY
Inasmuch as there had been considerable response received from several persons
interested in leasing the city owned property at 797 West Minneola Avenue, motion
was made by Mayor Smoak, seconded by Councilman Honey and carried that the lease be
submitted for public bid; That the necessary notice be published wherein sealed bids
will be received at the office of the City Clerk until 2:00 P.M. on February 9, 1978;
and, following their review and recommendation by City Manager Tiffany, shall be con-
sidered by Council at their meeting to be held on February 14, 1978.
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MINUTES
NQ 1003
SEWER EXTENSIONS
City Manager Tiffany advised of a possible conflict in Section 25-45 of the City
Code wherein sewer extensions up to 100 feet are authorized for individual owners,
but if a greater distance than 100 feet should be required, said single customer
would be liable for the cost in excess of 100 feet, and, Resolution No. 192 which
was adopted some several months later which provided for a $4.00 per front foot
assessment, and which has been used since its adoption in May of 1972. He further
advised that records reveal the introduction of an ordinance in February of 1972
that would have repealed the existing Section 25-45, but that it had been tabled
without further mention. In order to clarify the matter as to Council's intent
with such action at that time, Motion was made by Mayor Smoak, seconded by Council-
man Honey and carried that the City Manager further review the records and submit
his recommendations for clarification.
Pursuant to Section 25-42 of the City Code wherein Council approval is required
for sewer extensions, City Manager Tiffany advised of a need for sewer extension on
Drew Street which could be installed by city crews, and which City Engineer Spring-
stead had been requested to estimate the proposed cost. Motion was made by Council-
man Byrd, seconded by Councilman Honey and carried that the Drew Street sewer extension
be authorized, and that it be installed by city crews at a cost to the property
owner as provided in Resolution No. 192.
City Manager Tiffany advised of a need for sewer extension to serve Lots on the
north side of DeSoto Street between Tenth and Twelfth Streets, and due to the com-
plexity of such extension in that area, city crews would not be able to make the
installation due to an existing heavy work load of the utility relocation work in
conjunction with the State Road 50 project. Mr. Tiffany thereupon recommended
that the City Engineer be authorized to prepare the necessary documents and advertising
for this project at public bid. Motion was made by Mayor Smoak, seconded by Councilman
Schroedel and carried that the sewer extension be authorized, and the matter be
referred to City Engineer Springstead for placing at public bid, and, that costs to
the property owners be levied as provided in Resolution No. 192.
It was the determination of Council that a re-evaluation of the costs of materials
for water and sewer line construction based on present costs was in order as opposed
to those existing at the time a fee schedule was provided for the initial sewer
project, and Mayor Smoak thereupon moved that City Attorney Baird in conjunction
with the City Engineer, submit their recommendations for an amendment to Resolution
No. 192 to conform with actual cost of construction at todays rates. The motion was
seconded by Councilman Honey and carried.
STREET CLOSING REQUEST
City Manager Tiffany advised of a request by Aaron Jones, Jr. for the closing and
permanently abandoning of a portion of Fourth Street between State Road 50 and
Chestnut Street; That a recent survey obtained by Mr. Jones on his property described
as Lots 1 and 2 in City Block 44 reflected that the existing building on this property
had been constructed in such location that it encroached on the Fourth Street r-o-w
by 2 feet on the northerly side and 1 foot 11 inches on the southerly side, which
consequently prohibits him from Obtaining clear title; and, That being the owner of
the above described property between SR 50 and Chestnut Street on the westerly side
of the r-o-w, was requesting the closing of just that portion of r-o-w that would
enable him to obtain clear title. Council was in agreement with the request based
on their feeling of no forseeable future need of that portion of street right-of-way
by the City.
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MINUTES
NQI004
UTILITIES CAPITAL IMPROVEMENT FUNDS
At the request of Mayor Smoak, City Manager Tiffany submitted a projection of
available funds for future capital needs of the utilities system, primarily effluent
disposal, and contained in the projection were monies forthcoming from sewer
assessment payments and interest that will not have been earmarked for specific
purposes if the Sewer Assessment Bond Fund Ordinance requirements have been met as is
predicted, and, the recent EPA grant reimbursement. In view of possible and prob-
able major capital costs to resolve the city's effluent disposal problem, motion
was made-by Mayor Smoak, that all projected available funds as described be placed
in a Holding Account specifically restricted to Effluent Disposal Costs except
that the reimbursement monies just received from EPA be kept available until such
time as a final determination has been received from EPA regarding notification of
their seeking recovery of a like amount from the city as a result of disallowing
certain construction costs of the initial sewer system construction. The motion
was seconded by Councilman Honey and carried.
RESOLUTIONS/ORDINANCES
Mayor Smoak reported on communication received from the Honorable Senator Glisson
wherein he is sponsoring a bill to be introduced in the Florida Legislature requiring
for methods of financing for state-mandated programs to municipalities, and opining
that full endorsement and encouragement would be in order from Council, he had
requested the City Attorney to prepare the necessary Resolution for Council's con-
sideration, which he read in its entirely. Motion was made by Councilman Honey,
seconded by Councilman Byrd, and carried unanimously that A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; ENDORSING AND ENCOURAGING
SUPPORT FOR SENATE BILL 231 TO BE INTRODUCED IN THE FLORIDA LEGISLATURE REQUIRING
FOR METHODS OF FINANCING FOR STATE-MANDATED PROGRAMS be adopted. The Resolution was
thereupon adopted and the Number 308 assigned to it.
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
CLERMONT, REZONING THE REAL PROPERTY DESCRIBED AS LOTS 1, 3, 5, 7, 9, 11, 13, 15,
17, and 19 IN CITY BLOCK 45 (Abutting West Broome Street on the South, between
Fourth and Fifth Streets) FROM ITS EXISTING C-1 ZONING CLASSIFICATION TO R-3 ZONING
CLASSIFICATION, and the Ordinance was read by City Clerk Carroll for a First Read-
ing, by title only. Mayor Smoak thereupon moved that the Ordinance take effect
immediately upon its second reading and final passage after final consideration by
Council in public hearing on February 28, 1978. The motion was seconded by Council-
man Schroedel and carried.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF FOURTH STREET
DESCRIBED AS ALL THAT PORTION OF THE WESTERLY THREE FEET OF FOURTH STREET, BOUNDED
ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY 50, AND BOUNDED ON THE SOUTH
BY THE NORTH RIGHT-OF-WAY LINE OF CHESTNUT STREET, and the Ordinance was read by
City Clerk Carroll for a First Reading, by title only. Mayor Smoak thereupon moved
that the Ordinance take effect immediately upon its second reading and final
passage after final consideration by Council in public hearing on February 28, 1978.
Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, NAMING AN UNNAMED STREET IN WINONA BAY SUBDIVISION
TO MINNEHAHA CIRCLE, 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, Cole, and Smoak, Total Ayes: Five. Nayes:None. So the Ordinance was
adopted and the Number 108-M assigned to it.
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MINUTES
NQ 1005
WORK MEETI NG
Mayor Smoak reminded Council of a work meeting to be held on Tuesday, January 31st
in the office of the City Manager at 7:30 P.M. to discuss a new municipal reciprocal
insurance company that is being former by Whiting National Management Corporation.
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.
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CLAUDE E. SMOAK, JR., - MAYOR
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DOLORES W. CARROLL - CITY CLERK