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01-08-1980 Regular Meeting• • • CITY OF CLERMONT MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held Council Chambers on Tuesday, January 8, 1980. The meeting was called 1 at 7:30 P.M. by Mayor Claude E. Smoak,Jr., with the following members ~ Councilmen Byrd, Thomas, and Cole. Mayor Smoak advised that Councilman was appearing before the City Council of the City of Minneola regardinc posed street closing, and would be present at this meeting a little la1 Other officials present were: City Manager Forbes, City Attorney Baird. Clerk Carroll, Finance Director Saunders, and Chief of Police Tyndal. present were: Mesdames Smoak, Cook, Homan; Mr. and Mrs. Bob Wertz, Cali Hettinger, George Rudd, Bob Ray, Jack Matthews, Robert Zoppi, Jack Sarc Chris Giachetti, Roger Test; and, the Messrs. Westbrook, Dougherty, Rat Crews, Horton, Mauchly, Conley, Thompson, Weaver, Searles, McMahon, an< Representatives of the local PRESS were also present. in the 0 order resent: Meginley a pro- er. City thers in ent, sch, Jones. In lieu of the normal invocation given preceding each meeting, a momen of silent prayer was offered to request the guidance of our Lord in helpi g our President gain the safe release of the hostages in Iran, followed by t e re- peating of the Pledge of Allegiance in unison by those present. It was the request of Mayor Smoak, and there were no objections by oth r members of Council, that the Minutes of the Regular Meeting held on December 2 , 1979 under heading of SLUDGE BID, be amended to reflect that Mayor Smoak va ated the Chair prior to consideration of the matter, and took no part in the di cussion or action on the matter. The Minutes of the December 29, 1979 Meeting were then approved as amended. VARIANCE REQUEST: SUMEREX ENGINEERING CORPORATION Council, sitting as a Board of Adjustment, considered a reques by Sumerex Engineering Corporation for multiple variances to the oning Ordinance to allow for construction of three duplexes on their pro- perty located in Sunset Heights Subdivision. City Manager Forb s ad- vised of the following variances that would be necessary: A. Lot area of 28,775 sq, ft., whereas 30,000 sq.ft. is required (10,000 per duplex). B. Lot width at the building setback line of 100 feet, whereas 200 feet is required for Units #1 and #2. C. Lot width on Oak Street of 27.5 feet for Unit #3, whereas 50 is required. D. Distance of 20 feet between Units #1 and #2, whereas 50 feet is required. Mr. Dennis Horton, Attorney, representing the Sumerex Corporation, appeared before Council in support of the request and advised it was their desire to construct three top quality duplexes that hey felt would be an asset to the community, but due to the unusual con- figuration of the property, the multiple variances. would be required. He further opined that it would deprive the owners of a reason ble use of their property unless the variances were granted. Follo ing inquiry from the Chair as to anyone present who desired to address the matter, Mr. & Mrs. George Rudd, Mr. & Mrs. Cal Hettinger, r. & Mrs. Roger Test, Ms.Miriam Conboy, Messrs. Irvin Crews, Charles Paul, Robert Zoppi, and Dan J. Westbrook, all abutting and/or adjacent pro- perty owners, appeared before Council in opposition to the request, expressing great concern as to such increased density so close to existing homes in the area, and the already heavy traffic congestion existing due to the location's close proximity to the elementar and senior high school complex. It was generally agreed by Council that an excessive number of variances to the Zoning Ordinance were b ing requested for a single project, and, that ingress and egress to the property as proposed would be so close to the existing homes as to 80-1 create a hardship in the community.Motion was thereupon made by • • • CITY OF CLERMONT MINUTES Councilman Cole, seconded by Councilman Thomas and unanimously Carrie t o t o request e enie . BLOXAM AVENUE PROPOSED CLOSING Councilman Meginley arrived at this time, and advised he had a 80-2 before the City Council of Minneola regarding the proposed clo of Bloxam Avenue in Minneola that is located north of Silverto and west of Highway 27, which is included in the City's Compre Plan as a major north-south street that should be extended thr cities of Clermont and Minneola. He further advised that no ac taken on the matter pending consultation with their City Attor NATURAL GAS DISTRICT ANNUAL REPORT Mr. Jack Sargent, the City's representative on the Lake Apopka Gas District's Board of Directors, appeared before Council to that for the first time since the District was established in 1959, they had realized a net surplus at fiscal year ending Se 30, 1979, and, that in accordance with their covenants and wit equitable rolling formula that was developed between the three cipating cities for distribution, he was honored to present th with their share in the amount of $50,000. Mayor Smoak advised the formula originally derived for the City of Clermont's shar been a .fixed rate on a percentage basis; That the growth facto South Lake County since that time had certainly exceeded that rate; and, That due to the efforts of Mr. Sargent as an active cipant and leader on the District's Board of Directors, Clermo had appreciably increased because of a formula change to a mor floating rate. Mayor Smoak commended Mr. Sargent for his effor opined that they had definitely and appreciably benefited the in the City of Clermont. LAKE COUNTY LEAGUE OF CITIES City Manager Forbes advised of the quarterly Lake County Leagu of Cities meeting to be held at the Leesburg Community Center on ednesday, January 16th at 7:00 P.M., and that reservations should be mad with the City Clerk no later than 4:00 P.M. on January 11th. LAKE SHORE DRIVE Mayor Smoak opined that he felt it important for the City to p the gaining of legal easements on the few remaining parcels of along Lake Shore Drive that were not resolved with adoption of Ordinance closing a portion of Lake Shore Drive in exchange fo easements, and he suggested that the City Attorney be authoriz communicate with the remaining property owners in question to arrange a negotiated settlement for legal easements in order t the problems along Lake Shore Drive with utilities and street could be resolved. He further suggested that the City Attorney convey any,and/or all, requests made by these property owners 80-3 Council for consideration. Motion was made by Councilman Byrd, by Councilman Meginley and unanimously carried that the sugges Mayor Smoak be accepted and the necessary authorization grante RE-COUP OF 1979 Mayor Smoak opined that 1979 had been a very productive year i City of Clermont with the conclusion of three major projects t have tremendous effect in the future of the community, these b the success in the Legislature for removal of 9200 land acres tely south of the city limits from the designated area of Crit State Concern; The conclusion of the Marshland Study concernin disposal; and, The conclusion of an engineering report on the water system which had been initiated in March of 1978. He adv rsue property the utility d to ry to at all ocation then ack to seconded ions of the at will ing mmedia- cal effluent ity's sed that -2- ~ • CITY OF CLERMONT MINUTES • the City had experienced an extremely fast growth position whi is exceeding an annual rate of 8o as opposed to a national rat 3.6%, but that the type of growth experienced had been complim to the community we have today; That there were several factio the City that held strong feelings for no growth as opposed to others that held strong feelings for unrestrained growth, and responsibility of the Planning & Zoning Commission and City Co adopt ordinances within those two perimeters; and, That upon a tion of the type of growth vs the growth rate vs retaining the cter of the community, he felt the P & Z Commission had perfor outstanding job and deserved the recognition of everyone in th munity. ;h of sntary is in several t is the ncil to evalua- chara- ed an com- SIGNS Councilman Cole advised of heavy pedestrian traffic across Sta e Road 50 in the vicinity of the Jacob's Chapel Baptist Church prior nd following the church services on Sunday mornings, and inquired if "Slow" signs could be installed in that area during that time eriod. The matter was referred to City Manager Forbes for contact wit DOT. DESIRED WORK PROGRAMS FOR 1980 Councilman D4eginley reported that Mr. Tom Lemon, a resident of Lakes and an interested person concerned with the growth and d in the Clermont area, and who desires to take an active part i such growth, had presented he and Councilmen Cole and Thomas w list of proposed work programs which he hoped Council would co in 1980. Councilman Meginley read the communication in its ent and requested that it become a part of these Minutes. A copy i hereto. Emerald velopment guiding th a Sider rety, attached COMMUNICATIONS City Clerk Carroll read a communication from Jack H. Watson,Jr., Assistant to the President for Intergovernmental Affairs, whey in he expressed the appreciation of the President for the Council's ecent message of confidence and support for his actions in handling he Iranian situation. City Clerk Carroll read a communication from Mrs. Frances Brie of the South Lake County Neighborhood Center wherein she extendedltheir appreciation and thanks for use of the Jenkins Auditorium on D~cember 21st for the distribution of Christmas dinner grocery certific tes and Sentinel-Star Santa toys. COOPER MEMORIAL LIBRARY BOARD PROPOSAL Mr. Tom Dougherty, representing the Library Board, appeared beflore Council to advise of the Board's positive plan of action to move the 80-4 Library to the former Exchange Bank Building from its outgrown present location on Desoto Street, and thereupon presented a formal pr posal for Council consideration as follows: A. City permission in order to get a 60-90 day '~ option on the Bank building for $500 which would come from the Library, B. City willingness to sell the present building and lots and apply that money toward the purchaser of the Bank building. ~~ C. City willingness to sign the promissory note and mortgage. ~ D. City willingness to grant the Library perpetual use of the building for the Library. Mr.Dougherty further advised that the Library Board pledged the selves to raise $25,000 within the option period in the form of donati ns and -3- • ~ ~ • CITY OF CLERMONT MINUTES pledges, and if this was not achieved, the City and Library Board would reconsider the purchase; and, That the Board pledged to use present assets of $5,000 and future assets exprected to be $15,000 plus fund drives to meet the mortgage payments so that the City would not have to assume that obligation. Motion was made by Councilman Meginley, seconded by Councilman Thomas and unanimously carried that the proposal be accepted and the proper city officials be authorized to execute on behalf of the City of Clermont, an option to purchase real property known as the "Old Exchange Bank Building" on the corner of Montrose Street and Lake Avenue and further described as follows: Lots 1, 3, 5, and the East 31 feet of Lot 7; Lots 4 and 6, less the West 31 feet; Lot 2, less the West 31 feet of the Couth 40 feet; and the East 31 feet of the North 10 feet of Lot 8, all in Block 77 of Clermont, Florida. The terms of the option shall be agreeable with representatives of the Cooper Memorial Library Board and consistent with the best interests of the City of Clermont but not to exceed the following: 1. A purchase price of $95,000.00. 2. A financing arrangement which would make the City liable for 90% of the total of the purchase price plus expected improvements and repairs, the total not to exceed $125,000.00. 3. An amortization of the debt at the rate of 5 1/2 0 interest over a period of over at least 15 years. RESURFACING KEHLOR PARK TENNIS COURTS City Manager Forbes advised of bids received for the resurfacing of the Kehlor Park Tennis Courts as follows: Joe W. Teel,Inc. $ 2624.00 Varsity Courts,Inc. 2725.00 Tennis Services 4200.00 Sport Courts,Inc. 5980.00 He further advised that the bids had been investigated and considered by him in conjunction with Public Works Director Smythe, and it was their recommendation that the low bid of $2624 from Joe W.Teel,Inc. 80-5 be accepted.Motion was made by Councilman Byrd, seconded by Councilman Thomas and unanimously carried that the recommendation be accepted and the bid be awarded to Joe W. Teel,Inc. CITY ATTORNEY COMPENSATION As requested at the last Council Meeting, City Manager Forbes sub- mitted the Employment Agreement with City Attorney Baird which expired on December 31, 1978, and advised that Mr.Baird's present salary of $400 per month for routine City work was established in 1976, and the additional $35 per hour for special research and litigation was set in 1977. Inquiry was made of Mr. Baird as to comment and/or recom- mendation on the matter. Mr. Baird proposed to Council that the past agreement had been a workable one that was clear to both parties, and he would .suggest that the basic agreement be retained, and he would request that the retainer fee be increased to $500 per month and the 80-6 hourly rate for outside services be increased to $40 per hour. Mnt;nn was made by Councilman Byrd, seconded by Councilman Thomas and unani- mous y Carrie t at t e Employment Agreement be renewed from Januar t ru December 31, 1980 with an amendment to Section 3. RETAINER FEE t at t e City Attorney shall receive the sum of $500 er month. Motion was ma e y Councilman Cole, seconded b Councilman Thomas and unanimous y carried that the Agreement be still further amended under ec ion ADDITIONAL COMPENSATION that the City Attorney shall receive__ e sum o $40 per hour. -4- • • CITY OF CLERMONT MINUTES • ~ BOARD/COMMISSION APPOINTMENTS 80-7 PLANNING & ZONING COMMISSION The following named interested citizens who had requested either in writing or personal appearance before the Council for consideration to appointment on the P & Z Commission were nominated to fill Seats numbered 2, 4, 6, and 8 for a two year term: Ruth Alice Ray Henry Czech Laura Cook Alfred (Pat) Wilcox Louise Relyea Nick Jones Jack Sargent Following a written ballot and tabulation by the City Clerk, the re- sults were as follows: Ruth Ray: Councilman Cole Councilman Thomas Councilman Byrd Councilman Meginley Mayor Smoak Total: 5 Jack Sargent: Councilman Byrd Mayor Smoak Councilman Meginley Councilman Cole Councilman Thomas Total: 5 Nick Jones: Councilman Cole Mayor Smoak Councilman Meginley Councilman Thomas Total: 4 Louise Relyea: Councilman Byrd Councilman Cole Councilman Thomas Total: 3 Henry Czech: Councilman Meginley Mayor Smoak Councilman Byrd Total: 3 Laura Cook: Total: 0 Alfred (Pat) Wilcox: Total: 0 Ruth Ray, Jack Sargent, and Nick Jones were thereupon declared appointed to membership on the P & Z Commission for a two year term. A second written ballot was taken between Louise Relyea and Henry Czech, and the votes were tabulated by the City Clerk as follows: Louise Relyea: Councilman Cole Councilman Thomas Total: 2 Henry Czech: Councilman Byrd Mayor Smoak Councilman Meginley Total: 3 Henry Czech was thereupon declared appointed to membership on the P & Z Commission for a two year term. -5- • ~ ~ • 80-8 80-9 80-10 80-11 CITY OF CLERIIIONT MINUTES The following named interested citizens who had requested either in writing or personal appearance before the Council for consideration to appointment on the P & Z Commission were nominated to fill Seats 1, 3, 5, 7, and 9 for a one year term: Dr. Thomas Weaver Laura Cook Louise Relyea Bob Thompson Chris Giachetti Following a written ballot and suits were as follows: Louise Relyea: Laura Cook: Bob Thompson: Mike Conley: Alfred (Pat) Wilcox: Glenn Shelby Mike Conley Tom Honaker Alfred (Pat) Wilcox tabulation by the City Clerk, the re- Councilman Cole Councilman Thomas Councilman Byrd Mayor Smoak Councilman Meginley Mayor Smoak Councilman Cole Councilman Byrd Councilman Thomas Councilman Thomas Councilman Byrd Councilman Cole Mayor Smoak Councilman Meginley Mayor Smoak Councilman Byrd Councilman Thomas Councilman Thomas Councilman Byrd Councilman Cole Councilman Meginley Dr. Thomas Weaver: Councilman Meginley Chris Giachetti: Councilman Cole Glenn Shelby: Councilman Meginley Total: 5 Total: 4 Total: 4 Total: 4 Total: 4 Total: 1 Total: 1 Total: 1 Tom Honaker: Mayor Smoak Total: 1 Louise Relyea, Laura. Cook, Bob Thompson, Mike Conley, and Alfred (Pat) Wilcox were thereupon declared appointed to membership on the P & Z Commission for a one year term. LIAISON REPRESENTATIVE: COOPER MEMORIAL LIBRARY By unanimous agreement of Council, Councilman Thomas was appointed as raison representative to the Cooper Memorial Library Board. LIAISON REPRESENTATIVE: CHAMBER OF COMMERCE By unanimous agreement of Council, Councilman Cole was appointed as raison representative to the Clermont-Minneola Chamber of Commerce. LIAISON REPRESENTATIVE: LAKE COUNTY POLLUTION CONTROL BOARD By unanimous agreement of Council, Mayor Smoak was appointed as raison representative to the Lake County Pollution Control Board. ZONING BOARD OF ADJUSTMENT By unanimous agreement of C'rn~nci 1 _ tha h; tv C'rninr~i l chal l C~Y[TD nc tl-,o Zoning Board of Adjustment. -6- ~ ~ • CITY OF CLERMONT MINUTES 80-12 HOUSING BOARD OF ADJUSTMENT By unanimous agreement of Council, the City Council shall serve as e ousing oar o A ~ustment. 80-13 BUILDING CODE BOARD OF APPEALS By unanimous agreement of Council, Ms. Jean Winston was re_-appointed to mem ers ifi p on fFie~ui'73'ing Code Board o Appeals for a three year 80-14 MAYOR PRO-TEM The names of Councilmen Thomas and Byrd were submitted for nomination to serve as Mayor Pro-Tem. Upon a voice vote in the matter, the results were as follows: Dennis Thomas: Councilman Cole Councilman Thomas Councilman Meginley Total: 3 Carlisle A. Byrd,Jr.: Mayor Smoak Councilman Byrd Total: 2 Councilman Thomas was thereupon elected to serve as Mayor Pro-Tem. EAST CENTRAL FLORIDA REGIONAL PLANNING 80-15 COUNCIL REPRESENTATIVES By unanimous agreement of Council Councilman B rd from the Cit , an Mr. Nick Jones from the community-at-larcTe, were appointed to serve as the City's representatives on the ECFRPC. 80-16 LANDSCAPE COMMITTE-RECREATION COMMITTEE Mayor Smoak advised he would make appointments to the Landscape 'and Recreation Committees at the first Regular Meeting to be held in February, and he encouraged that Council contact him with any recommendations for appointment which they might have. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:00 P.M. ~~ CLAUDE E. SMOAK,JR. - MAYOR ~ ~ ,' J DOL ES W. CARROLL - Y CLERK -7-