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10-10-1978 Regular Meeting e e e . CITY OF CLERMONT MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 10, 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, Honey, Schroedel, and Byrd. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, and Building Official Nagel. Others present were: Mesdames Carr, Dority; Mr. & Mrs. William Delaney, Mr. & Mrs. Herman Murdock, and the Messrs. Stover, Czech, Sargent, Grose, Springstead, Roberts, Daw, Harris, Wilcox, Hovis, and Searles. 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 September 26, 1978 were approved as written. PUBLIC HEARINGS Council, sitting as a Board of Adjustment, considered a request by Robert P. Stover for a variance to Section 26-21(E) (3)(Rl URBAN RESIDENTIAL DISTRICT - REAR YARD SETBACKS) of the Zoning Ordinance in order to extend and enclose an existing patio on his property described as: Lot 1, Block E Edgewood Place Subdivision (203 Overlook Drive) Mr. Stover was present in support of his request, and advised that the existing slab already penetrates the required rear yard setback by 8 feet, and he desired to extend it two more feet and then enclose because of the inclement weather and insect situation. Inquiry was made from the Chair as to comment from the floor regarding the matter, and there being none, motion was made by Councilman Honey, seconded by Councilman Schroedel and carried that the request be granted. Continuing to sit as a Board of Adjustment, Council considered a request by Mr. & Mrs. Herman Murdock for a variance to Section 26-23(E) (3) (R3 REISDENTIAL PROFESSIONAL DISTRICT - REAR YARD SETBACKS) of the Zoning Ordinance in order to construct a roof over an existing concrete pad on their property described as: S 75' of Lot 14, S 75' of E~ of Lot 15, City Block 56 (510 Montrose Street) Mr. & Mrs. Murdock were present in support of their request, and advised that a recent survey of their property had revealed that their residence already penetrated into the required rear yard setback, and the existing slab extended to the rear property line. They further advised that the proposed roof construction over the existing pad would be extended from their residence and contained within their property line. Mrs. Harriett Carr, the immediate abutting property owner to the proposed construction site, advised Council of her support in the request being granted. Following query from the Chair as to other comments regarding the matter, and there being none, motion was made by Council- man Schroedel, seconded by Councilman Cole and carried that the request be granted. A Public Hearing was next scheduled to consider a request by Sam Briggs for a variance to Section 26-22(B)(2)(R2 MEDIUM DENSITY RESIDENTIAL DISTRICT - PERMITTED USES - LIVING AREA REQUIREMENTS) of the Zoning Ordinance in order to construct a residence on his property described as: Lot 21, Lincoln Heights Subdivision (931 Scott Street) Mr. Arthur Roberts, appearing in behalf of Mr. Briggs, advised Council that, since the request for a variance had been filed, a revised plan had been submitted whereby a variance would not be necessary, but until such time as the revised plan has been reviewed and certified by the City Building Official that all requirements have been met, he would please request that the public hearing be continued. Building Official Nagel concurred that a revised plan had been submitted for review, whereupon Council was in agreement that the hearing be continued. . . e e . CITY OF CLERMONT MINUTES REGULAR MEETING SOUTH LAKE PLAYERS Mr. Alfred Wilcox, representative of the South Lake Players Group appeared before Council to solicit help of "In Kind" services from the City by the waiving of fees for their use of Jenkins Auditorium for the necessary rehearsals and subsequent theatrical productions in order to continue with three desired productions this season. Mr. Wilcox advised it was their desire to offer bhese presentations at a reasonable cost to the community, but that it would be economically impossible to do so with the cash expense for the auditorium rental. Mayor Smoak queried of other smaller city owned facilities for the necessary rehearsals, and Mr. Wilcox advised they would be sufficient for all preliminary rehearsals prior to the necessary stage placement scenes. Motion was made by Mayor Smoak, seconded by Councilman Honey and unanimously carried that rental fees to the Group be waived thru the period of their final proposed production to be held in May, and with the stipulation that other smaller facilities be utilized for as many rehearsal sessions as is practical. and still further, that a financial status analysis of the Group be reported back to Council at the end of this seasons production. INSURANCE CASE City Attorney Baird reported that a negligence claim of Ronnie Walker vs the City of Clermont had been filed on October 3rd, and that the matter had been turned over to the Cityls insurance carrier, and he would be meeting with their Attorneys in the very near future for report back to Council. PROVISION FOR INITIATIVE AND REFERENDUM City Attorney Baird advised of additional direction needed from Council in order to prepare the necessary Ordinance to provide for citizens initiatives to be placed on City election ballots, as follows: (1) Number of petitioners that will be needed? Motion was made by Councilman Byrd. seconded by Mayor Smoak and carried that the percentage of registered voters required to sign a petition to have a question placed on the ballot be set at 10%. (2) Special Elections to be called for desired initiatives, or restricted to next following General Election? Motion was made by Councilman Byrd, seconded by Councilman Honey and carried that initiatives be placed on General Election Ballots, and Special Elections not be called to satisfy petitions. (3) Time schedule prior to the General Election for petition certification? Motion was made by Mayor Smoak, seconded by Council- man Honey and carried that an initiative by a citizen to be placed on the ballot must be certified by the Supervisor of Elections and filed with the City Clerk no later than the qualifying deadline date for any General Election of the City of Clermont. (4) Strength of initiative? Motion was made by Councilman Byrd, seconded by Councilman Honey and carried that the Ordinance be drawn with the necessary wording to clearly advise that all initiatives are placed on the ballot for "straw vote" and the results are not bltriding on the City Council for implementation. Inasmuch as the proposed Ordinance would not be effective for the next General Election to be held on December 5, 1978, inquiry was made if Council would take the necessary action to place the Question on the ballot as to whether or not the City Hall should be relocated to the downtown area, as had been previously petitioned. Motion was made by Councilman Byrd that Council refuse to have placed on the December 5th ballot any question concerning moving the City Hall from its present location to any other location, and the motion was seconded by Mayor Smoak. Following a voice vote, the motion carried 3 to 2 with Councilman Schroedel and Mayor Smoak voting in the negative. LEAGUE OF CITIES ANNUAL CONVENTION Mayor Smoak announced that the annual League of Cities Convention would be held on October 19th thru 21st in Ft. Lauderdale, and reservations should be made no later than Friday, October 13th. MUNICIPAL ELECTION Mayor Smoak announced that the General Election of the City of Clermont would be held on Tuesday, December 5, 1978 to fill the offices of Groups I, III, and V with the qualifying deadline date of 5:00 P.M. on November 20th. . e e . CITY OF CLERMONT MINUTES REGULAR MEETING COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, reported that a new radio program on the Library would be offered three days per week from 9:30 A.M. to 9:35 A.M. on local Radio Station WWFL, and would be sponsored by the Hilltop Stationery and Clermont Realty, Inc. Mr. Schroedel further advised of the Board's desire for written guidelines from Council as to the responsibilities as assumed by the City in the maintenance and/or repairs to the library building and fixtures. City Manager Tiffany, in conjunction with the Library Board, was requested to prepare the necessary specifics as requested. CHRISTMAS PARADE Mr. and Mrs. William Delaney appeared before Council to seek permission to use East Avenue from Bishop Field to the Clermont Elementary/High School complex for a Christmas Parade to be held on December 9th. He adyised the parage would be a civic endeavor this year as opposed to being sponsored in the past by the Chamber of Commerce and the Downtown Mer- chants, and they thereby felt a change in location would also be in order. He further advised of the ample parking area available in the school complex area, and the annual activities scheduled to be held on that date at the School cafeteria by the Band-Aids Organization immediately following the proposed parade time. Council commended the Delaney's in this civic endeavor, and motion was made by Councilman Honey, seconded by Councilman Cole and unanimouslv carried that the use of East Avenue as reauested. be granted. CONDEMNED PROPERTY Mrs. Ester Lou Dority, proprietor of the "Kozy Kastle" at 766 East Montrose Street, appp::ITPrl before Council in an appeal to have the condemnation restriction lifted that had recently been placed on the building in which her business is located. She supported her appeal in advising that, if allowed to re-open her business, she would utilize the income to make the necessary improvements to the building. Building Official Nagel advised that the initial condemnation notice was served in December, 1977; That two additional 60 day extensions had been granted since that time, but that no improvements had been instigated to date, and the building is too hazardous for public habitation. It was the suggestion of Mayor Smoak, and Council was in agreement, that if Mrs. Dority immediately pursue improvement of the building, and is able to provide tangible proof to that effect at the next regular meeting, the matter would be considered at that time. Mayor Smoak further appointed a committee of Councilman Cole, Building Official Nagel, and City Manager Tiffany to make an on-site inspection of the property in question for report and recommendation back to Council at the next meeting. WATER/SEWER SYSTEM EVALUATION As requested by Council on September 26th, City Engineer Springstead submitted a written proposal to perform an extensive evaluation of the City's water and sewer system. Mr. Springstead was present at the meeting, and reviewed orally the purpose and scope of work proposed. Inasmuch as certain portions of the proposed work scope included areas that were covered in the report of Dawkins & Associates, Inc., it was the suggestion of Mayor Smoak, and Council was in agreement, that this matter be deferred for review of the Dawkins report by Mr. Springstead, and further review and study of the proposal by Council. HOVIS AND BAIRD LEASE City Manager Tiffany, in conjuction with George E. Hovis, lessee of the City Hall down- stairs office space, prepared a draft lease for Council consideration, advising that the monthly rental price had not been agreed upon and thereby left in blank, and neither had the price for renewal been inserted. . e e . CITY OF CLERMONT MINUTES Mr. Hovis appeared before Council to advise he would offer a monthly rental of $300 for the 5 year lease term; $400 monthly rental for the following 5 year renewal; and, assume costs for any additional increase of taxes and assessments resulting from pro- prietary use of the building. Mr. Hovis further suggested that a cancellation clause of 1 year be included in the lease in case the downstairs portion is needed for use by City Hall, and/or, the City Hall is relocated elsewhere. Motion was made by Councilman Byrd, seconded by Councilman Honey and carried that the Lease Agreement be drawn to include the mechanics as proposed in the draft, and the additional proposals as submitted orally by Mr. Hovis, and the Lease be then executed by the proper City Official. Mr. Hovis thereupon inquired as to a separate water supply in order to improve the yard area to the east and south of his office. Motion was made by Mayor Smoak, seconded by Council- man Byrd and carried that the proposed Lease include a provision that the care and maintenance of the yard area immediately east and south of the downstairs office be the responsibility of the Lessee, and that the installation of a separate water meter for such care be authorized without cost to the Lessee. LEAGUE OF CITIES QUARTERLY MEETING City Clerk Carroll read a communication wherein the regular quarterly meeting of the Lake County League of Cities would be held at the Mt. Dora Golf Club on Wednesday, October 18th, and reservations should be made no later than Thursday, October 12th. ORDINANCES Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 21, ARTICLE 1, SECTION 21-1 OF THE CODE OF ORDINANCES; PROVIDING FOR A TAX ON UTILITIES, FUEL OIL, METERED OR BOTTLED GAS; REPEALING CHAPTER 21, ARTICLE II; REPEALING CHAPTER 21, ARTICLE III; 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 was adjourned by Mayor Smoak at 10:00 P.M. at this time, the meeting f1aAP,J h ~ DOLORES W. CARROLL - City Clerk