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06-26-1973 Supporting DocumentsMINUTES NQ 950 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was hold in the Council Lhamberu on Tuesday, June 26, 19/3. The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the tollowing members present: Councilmen Byrd, Deals, Sehroedel and Smoa k. others present were: Mr. and Mrs. W, F. Perry, officials of the Board of Cooper Memorial Library and Messrs. 0. L. Crowson, 14. E. Dawkins, William A. Eldridge and E. Warren and a representative of W.M. Sanderline Corp. Representatives of the local Press and Daily Commercial were also present. The Invocation was given by Councilman Ueals, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on June 12, 1973 and the Special Meeting held on June 14, 1973 were approved as written. Mayor Smith announced the next order of business to be a Public Hearing as follows: To consider a request of W.M. Sanderlln Corporation for the closing of portions of Drew and Uivision Streets, said portions abutting Lots 1, 2, and 3 in Lettered Blocks A and B, City of Clermont, Florida. There was no one present who voiced objection to this request, whereupon motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the request be granted and the City Attorney be Instructed to prepare the necessary Ordinance for this closing. Mr. William A. Eldridge of the Farmers Home Administration appeared before Council. A question and answer period was conducted relating to preparation of preliminary application for assistance in applying for federal loan monies for wastewater facilities not covered by an EPA grant, and loan funds for such improvements to the water system as may appear necessary subject to the completion of the engineering report, as well as the adoption of the standard FHA contract for engineering services. Motion was made by Councilman Beals seconded by Councilman Smoak and carried that Mayor Smith be authorized to sign an agreement with Dawkins and Mr. B. J. Jarrett of the Cooper Memorial Library Board appeared betore Council and presented the Library's 1974 Budget and requested Council to consider increasing their appropriation from the city by $2,000. Inasmuch as a House Bill, No. 1428 -Library Grant Program- passed by the Legislature provides for 25% operating grant for libraries, based on local appropriations, the library's request was tabled until grant possibility can be ascertained. City Manager Hopkins reported as follows: That information had been received that House Bill 462- Myers Act- had passed the legislature, this postpones the implementation of the Myers Act relating to the arrest and/or treatment of alcoholics until October 1974. That the DOT have presented a set of plans to realign a portion of State Road 561 at Second Street along Minneola Drive, requested by Council several years ago. The plans have been reviewed, and some suggestions made, and agreement made by DOT to realign so as not to disturb the lift station, the Jaycee Beach and to absorb costs for adjustment of two sanitary manholes and relocation of a fence. The city will absorb expenses of a water line involved in the realignment. City Manager Hopkins requested Council's adoption of a resolution authorizing the execution of a Utilities Agreement for the adjustment, change or relocation of certain utilities whereupon Councilman Smoak offered and moved the adoption of a RESOLUTION authorizin was s MINUTES NO 9151. BY CITY ATTORNEY vason wind a copy ordered posted. Councilman Smoak Inquired If any response had been received from the DOT on rerouting of SR 561 to along Hwy 27 and state Road 50. City Manager Hopkins reported that no response had boon received; that Mlnneola had turned down our request to pursue the matter with the DOT. Councilman Smoak stated that after the construction for realignment of SR 561 Is completed he would like to see some. legal pressure taken to rerouting traffic from SR 561, and City Attorney Vason agreed to pursue the matter. it was agreed by Council that Mayor Smith and Councilman Byrd and Schroedel should attend the next Council meeting in Mlnneola to explain the City's request for rerouting traffic from SR 561, and City Manager Hopkins was directed to request the council members be put on the agenda for Mlnneola's eounclI meeting, City Manager Hopkins reported that the city has received the order of taking of the Johnson property on 12th Street and is now at liberty to clean the proposed site and Install the irrigation system and requested Council authorization to proceed based on the proposal submitted by Georges Enterprises, Inc. It was consensus of Council that the Installation of the irrigation system be withheld until the condemnation proceedings have been finalized and that the portable system be continued until that time. City Manager Hopkins reported that he had accepted, with regrets, the resignation of Police Sargeant Tommy Carlisle effective July 1, 1973, and that changes were being effected in the Police Department to fill the position vacated by Sargeant Carlisle. City Attorney Vason reported as follows: That Charter Amendment changes had been passed by the legislature effective July 5, 1973. On the condemnation suit on the Johnson property on 12th Street, copy of the appraisal should be forthcoming at the next council meeting, following which time we can proceed with free trial hearings and final hearings; Concerning the Right -of -Way of West Avenue, the right-of-way can be lawfully abandoned upon determination of Council as to exactly how much right of way would be adequate for the City to retain. Concerning the removal of the storm drainage line which lies underneath Konsler Steel Company's paint building City Attorney Vason reported his research on this matter advising that we may or may not have a prescriptive easement on the property depending on whether the previous owners were aware of the existing line for a period of seven years. That he had received a letter from Roy Christopher, Attorney for Lake County School Board wherein they offered to pay for 2560 feet of sewer assessment at $4.00 per foot or $10,240. Concerning West Avenue Right -of -Way, the matter was referred to City Manager Hopkins for determination of the adequate right of way. Following a discussion on the removal of the Storm drainage line at this time, under Konsler Steel Company's paint building, o Concerning the assessments for the Lake County School Board, it was consensus of Council that they would like an opportunity to discuss thematter further with MINUTES M 952 the Board at the next Council meeting and directed the City Manager to invite the members of the Board to the meeting. Councilman Sehroudel Inquired if anything could be done about the rallroad crossings In the City. Director of Community Services Smythe advised that the Fifth Street and East Avenue crossings had been repaired as of this date. Councllman Sehroodel then Inquired If Mascotte had as yet requested the use of the clty's Jail faellltios. City Manager Hopkins advised that the City had not as yet raculvcd Cl written request from Mascotte so apparently they were not going to pursue the original request. Councilman Byrd inquired the procedure for adopting the City's budget, which was explained in detail by City Manager Hopkins. He then Inquired the possibility of providing an alternate route for Highway 50 traffic by utilizing Chestnut Street. A discussion followed with no action taken. Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF DESOTO STREET LYING AND RUNNING BETWEEN GRAND HIGHWAY AND U.S. HWY 27, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK B, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA and the motion was seconded by Councilman Smoak. The ORDINANCE was read by Title only for a second and final reading by City Attorney Vason and upon roll call vote on passage of the motion, the result was Ayes: Schroedel, Byrd, Beals, Smith and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 54-M assigned to it and a copy ordered posted. Councilman Schroedel introduced an ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,AMENDING SECTION 26-63 OF THE MUNICIPAL CODE OF ORDINANCES TO ALLOW FOR CLUSTER DEVELOPMENTS ON PARCELS OF LAND CONTAINING A 14INIMUM OF 20,000 SQ. FT., AND AMENDING SECTION 26-22 (F) TO ALLOW CLUSTER DEVELOPMENTS AS A CONDITIONAL USE IN R-2, MEDUM DENSITY RESIDENTIAL ZONING DISTRICTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION POSTING. And the ORDINANCE was read by title only by City Attorney Vason for a first reading. Councilman Schroedel introduced an ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONI,LAKE COUNTY, FLORIDA, AMENDING SECTION 26-66 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT; REDEFINING THE USE AND REQUIREMENTS OF RESIDENTIAL SWIMMING POOLS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECIIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING and the ORDINANCE was read by title only by City Attorney Vason for a first reading. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION]/ -I. 1 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT; AMENDING SECTION 1/-6 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT; AMENDING SECTION 17-7 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT; ALLOWING "NO HUB" CAST IKON INSTALLATION; ESIABLISHINU A SCHEDULE OF PERMIT FEES; INCREASING EXAMINATION FEES FOR MASTER PLUMBERS AND JOURNEYMAN PLUMBERS; INCREASING THE ANNUAL FEE FOR RENEWING THE CERTIFICATES OF MASTER AND/OR JOURNEYMAN PLUMBERS; ESTABLISHING PLUMBING EXAMINATION DATES FOR MASTER AND JOURNEYMAN PLUMBERS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR SEVERABILITY: AND PROVIDING FOR PUBLICATION BYPOSTING, and the ORDINANCE was read by title only by City Attorney Vason for a first reading. MINUTES NQ 953 Councilman Byrd Introduced AN ORDINANCE UNDER I'IIE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 8-2(B) OF IHE CODE OF URDINANCEā€¢S; AMENDING SECTIUN 8-2(E) OF THE CODE OF ORDINANCES; AMENDING SECTION ti (B) OF THE CODE OF ORDINANCES; ESTABLISHING DATE AND PLACE OF EXAMINATIONS FOR MASTER AND JOURNEYMAN ELECTRICIANS; ESTABLISHING SCHEDULE OF FEES FOR CERTIFICATE OF COMPETENCY FOR A MASTER AND JOURNEYMAN ELECTRICIAN; AND ESTABLISHING SCHEDULE OF INSPECTION FEES; REPEALING ALL URDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDINU FOR PUBLICATION BY POSTING and the ORDINANCE was read by title only by City Attorney Vason for a first reading. Upon the recommendation of City Manager Hopkins, motion was made by Councilman Smoak, seconded by Councilman Schroodel and carried that Inasmuch as Lot 7, Hiawatha Shores was not a buildable lot that the City Controller be authorized to pay this assessment from appropriate city funds. In regard to the Delinquent accounts for sewer assessments, the City Manager was directed to have notices mailed to each delinquent owner. The meeting was adjourned. Don E. Smith, Mayor Deputy Clerk, Mildred Dollar