10-10-1978 Regular Meeting
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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. .
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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.
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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.
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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
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DOLORES W. CARROLL - City Clerk