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08-14-1973 Supporting DocumentsMINUTES N9 960 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was hold in the Council Chambers on Tuesday, August 14, 1973. The meeting was called to order at 7:30 P.M. by Mayor Don E, Smith with the following members present: Councilmen Schroedel, Beals and Smoak. Other officials present were: City Manager Hopkins, City Attorney Vason, City Clerk Carron, Deputy Clerk Dollar and City Controller rs. William Sullivapresent were:and Mlf1r. and n, Mr. andMr. W. L. Glasgowandthe Messrs. Turville,Czech, Holtzclaw, of thenSentinel-Star, the Daily iCoe ImmercialLofgren�and ithe glocal Press a and Nick dwere also ptives present The Invocation was given by Councilman Beals followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular meeting held July 24th and of the Special meeting held July 31, 1973 were approved as written. Hearingrtohconsidererequestthe ibytthe Chuer rchbofiGodsinobe a ChristBfordaovariancemtot Section 26-19 (F) (1) (d) of the Zoning Ordinance (Off Street Parking). Messrs. Carl Gutman, Architect and Ira Lee Wootson, Elder, appeared before Council in behalf of this request advising that the difference in the requirements they were requesting was the off-street parking places for thirteen cars, however, there existed paved parking area for ten cars on the strip 19 feet in width running in front of the church building. Councilman Schroedel advised that inasmuch as this left only a difference of spaces for 3 cars, he felt the variance was justified and thereuaon moved that the request be granted. The motion was seconded by Councilman Smoak and carried. Mr. Elbert Ritchie, representing the VFW, appeared before Council in support of a letter forwarded earlier to Council from the Post wherein they requested financial relief from their sanitary sewer assessment, and that they be given the same consideration, budget wise, as the Chamber of Commerce. Mr. Ritchie was advised that the sewer assessments had been confirmed and were bound by Bond Ordinance, and, that tax dollar financial assistance to the Chamber of Commerce was authorized and incorporated in the city Charter. Mr. Harold Turville appeared before Council protest of the city's requirements for cast iron pipe to be used in connections made to the sanitary sewer system from all commercial establisments. He advised that not only was it more costly to use cast iron pipe, that the the city's installed laterals were of clay pipe and he inquired of Council as to the reason for such a requirement. The question was referred to City Manager Hopkins who advised that back in May of 1971 following the recommendation of the Utilities Superintendent and a meeting of all the licensed plumbers in the city who concurred, it was recommended to Council that the Southern Standard Plumbing Code be amended to allow PVC pipe -schedule 40 or better -for residential construction and cast iron for commercial, that while the sanitary sewer collection system was primarily in vitrified clay or VC pipe, most depths were less than three feet -lines layed with only 30 inches of cover which were the force mains were all cast iron and that since this amendment was adopted, it had been the policy that any apartment or four units or more is considered commercial regardless of the zoning and that he surmised the two locations which Mr. Turville questioned as having been advised cast iron pipe would be necessary was on loth Street in a manufacturing zone and the other on Minneola Avenue which was a non -conforming use in a residential zone. Mr. Turville contended he felt it unreasonable for the city to require cast iron connected to clay pipe and requested that Council consider amending such a requirement. It was consensus of Council that inasmuch as these recommendations had come from the Plumbing Board, that such matter be referred back to them for their reconsideration, and upon inquiry from Mr. Turville as to a reply from the plumbing Board, he was assured that he would be notified of their decision. MINUTES City Manager Hopkins submitted his report both orally and written, and a copy is attached hereto. City Attorney Vason reported that he had not received the appraisal of the Peter H. Johnson property as had been promised by August 1st, and had been unsuccessful in several attempts to contact the appraiser by Phone. It was the opinion of Councilman Smoak that this matter be pursued "post haste' inasmuch as property valuations are increasing rapidly, however, it was determined that the date of the appraisal would be from the date of the "Order of Taking". Mr. Vason inquired of Council's desire for method of foreclosures on those properties on which no sanitary sewer assessment had been paid and the authorization to proceed. Motion was made by Councilman Beals, seconded by Councilman Schroedel and carried that the City Attorney be authorized to proceed with the foreclosure suits patterned after those of mortgage foreclosures, which are immediately, and which would be in accord with the requirements as set forth in the Assessment Bond Ordinance. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the bills be paid. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING STRICKLING STREET FROM THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50 TO THE NORTH RIGHT-OF-WAY OF HILL STREET, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA and the Ordinance was read by title only by City Attorney Vason. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING A PROCEDURE FOR THE CLOSING, VACATION, AND PERMANENT ABANDONMENT OF CITY STREETS: DEFINING "STREETS": PROVIDING FOR PETITION TO THE CITY COUNCIL: ESTABLISHING A FILING FEE: PROVIDING FOR ADVERTISEMENT AND PUBLIC NOTICE: PROVIDING FOR THE CITY TO RETAIN UTILITY EASEMENTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR PUBLICATION and the Ordinance was read by title only by City Attorney Vason. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 25-7 (A), BY REPEALING THE SAME AND SUBSTITUTING THEREFORE A NEW SECTION NUMBERED 25-7 (A); ABOLISHING THE REQUIREMENT THAT THERE BE ONE WATER SERVICE TO A PREMISES OCCUPIED BY COMMERCIAL OR MULTI -FAMILY RESIDENTIAL HABITATIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the Ordinance was read by title only by City Attorney Vason. A proposed Ordinance amending Article III of Appendix A of the Code of Ordinances defining "Off -Street Parking" and requirements for same was submitted, however no action was taken in order that recommendations might be obtained from the city's consulting engineers as to possible acceptable surfaces for off-street parking other than asphaltic or concrete as specified in the proposed Ordinance. With regards appointments to the Planning and Zoning Commission which presently numbers seven members, motion was made by Councilman Smoak, in concurringwith the recommendation as presente at ast meeting by Henry Czech, Chairman of the with Councilman Beals voting, Na e. it was the opim on oT uouncilman ueals tnat e membership e � at seven members at least for the remainder of the year and determine the effectiveness of the Commission with that number of members at that time. Motion was made by Councilman Smoak, seconded by Councilman Schroedel and 1, 1973. It was the opinion of Councilman Beals that there n on tFe Commission from the newly annexed Minnehaha Estates area M INUTES No.962 With regards an amended draft of the fiscal year 73-74 preliminary budget as submitted to Council by City Manager Hopkins, it was consensus that the budget was acceptable and that the City Manager proceed with preparing the necessary Ordinance for pre- sentation on September 11, 1973 and publication of such "Notice of Ad Valorem Tax Levy" for that same date. Inasmuch as it has been determined during the budget work sessions to increase the monthly garbage pick-up base rate by $1.00, the City Attorney was instructed to prepare the necessary amendment to the Sanitation Ordinance for this. In order to better accommodate large volume commercial sanitation accounts, it was the recommendation of City Manager Hopkins that containers be used, and that Dump - Ail, Inc. (container waste service contractors) had submitted a proposal for furnishing such service and their representatives were present to answer any questions regarding the proposal. Council was in agreement with the proposal and City Attorney Vason was instructed to prepare a franchise agreement and any necessary Ordinance amendments for presentation at the next meeting. Following inquiry of Mr. Huizenga if they utilized the city owned dump for their refuse and he replied in the affirmative that they did for a fee, Councilman Beals advised that other municipalities in this area of the county also utilized the dump and without making payment for same which he felt to be inequitable especially when residents of Clermont are charged to dump there. It was the suggestion of Councilman Smoak that the City Manager and City Attorney review the existing lease/ agreement with the County Commissioners to see just what the city's position is in light of the fact the dump is city owned and yet the city residents are charged for using it. Councilman Smoak presented and moved the adoption of a RESOLUTION authorizing the expenditure of federal revenue sharing funds for the period of January 1, 1972 through June 30, 1973 and the motion was seconded by Councilman Beals and unanimously carried. The RESOLUTION was read in full by City Manager Hopkins, the number 220 assigned to it and a copy ordered posted. Councilman Schroedel presented and moved the adoption of a RESOLUTION authorizing the expenditure of federal revenue sharing funds for the period of July 1, 1973 through June 30, 1974 and the motion was seconded by Councilman Beals and unanimously carried. The RESOLUTION was read in full by City Manager Hopkins, the number 221 assigned to it and a copy ordered posted. Councilman Smoak inquired of City Manager Hopkins as to the status of the Oklawaha River Basins inquiry of our effluent disposal and he was advised that he had not had a response from the clearing house (East Central Florida Regional Planning Commission) on what steps they were going to take, that at the present time we are just waiting and hoping they will re-evaluate and give us the consideration of utilizing the engineering firm which we have now assumed their recommendations. With regards lighning damage incurred to two lift stations some time ago at a cost of approximately $1500.00, Councilman Smoak inquired if any monies had been withheld from the sanitary sewer construction contractors awaiting an answer until the matter of whom was liable for this cost had been determined, and he was advised that $5,000 had been withheld along with correspondence pertaining to this matter which had never been answered. Councilman Smoak still further inquired if there were funds available to pay Michaels-Stiggins, Ina. the final statement which shall be forthcoming and he was advised that funds shall be available at such time as Council sees fit to release them subject to receipt of federal monies (primarily the EPA) pending the adoption of the Operation and Maintenance Manual as submitted to them by Michaels-Stiggins, Inc. MINUTES N4 963 Mrs. Mildred Middleton appeared before Council to endorse the proposed acquisition of land on the south shore of Lake Louisa by the State for a typical state park, and to encourage Council to do the same by so advising Governor Askew and members of his Cabinet. Councilman Deals advised that from his obervation public opinion on this matter was evenly divided and he thereby felt that Council would be 111 advised in speaking for all the citizenry of Clermont when they are so equally divided. It was the opinion of Councilman Smoak that since Council does represent the people of Clermont that a stand should be taken and thereupon read a communication from Mr. Noy C. Landrum, Director of Division of Recreation and Parks wherein he advised the property, if acquired, would be allowed to revert to essentially a natural condition and operated as a typical state park with no development or construction within. one mile on either side of the creek which runs through the middle of this property. Councilman Smoak advised that this creek is the only source outside of natural rain water which services the Chain-o-Lakes, and with this in mind Mayor Smith called a Special Meeting of Council to be held in the office of the City Manager on Thursday, August 16, 1973 at 9:15 A.M. to consider passage of this proposed Resolution and to meet with DOT officials regarding State Road 50 from State Road 561 to the Orange County line. City Manager Hopkins submitted a request from Charles M. Pool wherein they requested that Council reconsider the quit -claiming of certain property previously deeded to them without cost for use as an extension of Lake Shore Drive in order that the unimproved street might be moved easterly for approximately 39 feet in exchange for a deed to not less than a 50 foot roadway immediately east of that land previously deeded to the city. Council was in agreement with this request whereupon motion was made by Councilman Deals, seconded by Councilman Smoak and carried that City Attorney Vason prepare the necessary Ordinance authorizing a quit -claim deed. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Dolores W. Carroll, City 1�C ercK Post No. 5277 VETERANS OF FOREIGN WARS Clermont, Florida July 20,1973 Mr. Bobort Hopkins City Manager Clermont City Council Clermont,Florida 32711 Dear Sir: On July 19r1973 at the post meoting,wo discussed the cost of the sewer system and water coot to the V.F,W.Post i# 5277. We feel,as part of the city of Clermont,that the Council should give, us the samm consideration that you gave the Chamber of Commerco of Clermont. This consideration was part of the tax budget of 1973 was voted to them. We feel that the same consideration should be extended to us. We think this is a fair request. No one private organization should be- given public tax money or support without all being given the acme. Yours trull.y, Commander of V.F.W. Post # 5277 Post Quartermaster Post # 5277 RECEIVED JUL2 4 i9�3 1 DnaplCe, rnr.t:lncJ ❑,, I:,,,;r Si ru, t; r,f•u ' ntt.ir -'ni _Lzr�;lri nr Cfm Cllty in lroiny; rsndur.tad nu tt::r..1. '.t t �o'!_;:.,.r.. �,;4-.�..•°n,i � .�' to Chu ]ni'¢r• bags or othu.: •.n: l.,t-i ,o 1,: :;� c�`rr y ..;ai:.to :. ;Ill.( tnucl•:1+ ar.o used to 1:11a tr:reih _.cl.�m. Kneping good p.•, I ':-::y nnu:LC]cCC err.,<lurr probl.ran area. Preston Davia, ono of thr. L1c�,r, rt�rr [ r r ,....i n.rr; y,Ja.:-tt, rsii;ned l.aat week. Mivang been tniaut r r:l it.. ,".;r' y �:t l: r d _>, .::or, .o : yll.lacl the position with a trainee. Or, a more pus:Ltiv,>. trot.,.:,: r'{-LZO:.Ir;1❑ oi'.nri:ed r:o Vo 'rcch yentarday to pr:.rt.l.cap«te ill 1*11.. ".30 hour oipolll.ce. invtr:ru:t:Los. Sergeant Mitchell Rogers u.ill. :.;tnz•i: to l.;1'3 5ur:Ce:.- .!1i n c:rncnle of weeks to study Sociology. Sary;.tncC Lay;^;3 It; uarlItiny; to,ard an P;.r;cocincr. Degree in Criminology. Two recent' y '..nnp,...t" p�o,je.cra by of Community Servlcca are new nt".ct aignu oc, ^hwm' 50 aau. opening .7niil.atr. Street through to Eighth Street. Patrolman Robe:rr: i•:J.Lzoc's: hee bucnu!rt:ifled by the Florida lti.ghway Patrol to operate the Vascar unit whLch has been i•tstalled in one of the patrol earn. Information on the dolJr.quenl: n:;ni::ary Bower ac3essment accounts has been forwarded to the City Atto::oe.y for action. Thera ur.e 55 delinquent accounts totaling $22,014.56. Throu;;h August: 6, .IM wa h:,ve collected $465,435.07. in sewer assessments. Oct of 2`vE8 ace.o¢ats, we iu:'ve received payments on 2024 or . Of the 7.O80, 974 1-vive raid in full. or 47;';. With rogard to connections, we havL- 1543 leaving 231 Yet to be me.de. Member3 of the C'oc,icil are r.erin6ed of Lite ❑testing with The Department of Tranaportatiou rffi^lair, regarding SR 50 Z;-om SR 561. to the Orange County line. The meeting ie .he_dule:. F.a_ 9:30 A.11. ou Thursday, Augunt 16th at City Hall. Membera of the Covricil bavu bee;i provi«:r.c• information from the Florida League of Cities regard:;ig the 47th Anneal. Convt:ntior, in MLami on October 26 and 27. We would like to kn!v w wltc tnlanz; to l;o as soon as possible so the necessary arrangements can be made.. At the request of the City Council the ula.nning and Zoning Cominission investigated the desirability o;i allowing nursery schools a;id kindergartens in the R-1, Urban . Residential Dietrict. The Plannin. and iouing Corrnission recommends to the City Council that no chau;;e b3 made to the 7.ori.ug Ordinance to allow for schools (nursery or kindergartens) in all R-1 Zone other than as already provided in the present zoning ordinance. I plan to be on vacatioa from Auguct 20tr tlirough Senteraber 5th. During my .. e„an Bob Smythp- wi_1.7_ be Acting City P;vt:sger. l Robert PI. He ins August 14, 19i3 ACCOUNTS PAYABLE - AUGUST 1973 GENERAL FUND The Daily Commercial 17.28 Lake Apopka Natural Gas 37.10 James C. Watkins, Clerk 39.15 Lanier Business Products 20.69 Capital Services,Inc. 50.75 Moffatt Bearings Co. 24.24 Anderson Engines,Inc. 52.29 Mobil Oil Corporation 1158.68 Advance Eloctric Co. 106.15 Municipal Code Corp. 1233.75 Amsterdam Printing 20.01 National Linen Service 2.00 Burner Castle 2.60 Orlando Paving 29.48 Bob s Glass 46.00 Olivenbaum Insurance 103.00 Carolina Tire 21.00 Prescott Tractor Sales 53.08 Clements' 9.00 South Lake Press 37.35 Cox Shell Station 2.70 South Lake Ilospital 10.00 Clermont "66" Station 4.50 Standard Auto Parts ,Inc. 94.53 Clermont Medical Center 25.00 Syntonic Technology,Inc. 60.00 Control Specialists 45.50 True Temp,Inc. 18.00 Clermont Hardware 49.42 White's Blue Print Service 46.00 Clermont Auto Parts 116.84 Western Auto Store 13.43 Clermont Builders Supply 83.12 Zoning Bulletin 20.00 Cal Hegstrom Co. 157.80 Florida Power Corp. 2174.76 Crest Restaurant 60.00 G.A.Thompson Co. 30.20 Dixie Lime and Stone Co. 33.87 Bowen Supply Co.,Inc. 152.40 D.G.Rambo, Florist 15.00 Lanier Business Products 2.48 Dust -Tex Service 24.50 South Lake Press 124.00 Engel's 82.10 Eckerd Drugs 29.30 F & R Office Supply 23.04 Gem Chemical Co. 157.65 Goodyear Service Store 178.40 George Stuart,Inc. 89.61 Guy C. B1iss,Sheriff 15.50 Hammond Electronics, Inc. 33.00 Hilltop Stationery 80.23 William M. Howard 395.40 Hunt's Garden Center 221.46 Hydraulic Supply Co. 21.63 I Hughes Suppiy,Inc. 39.37 Jack Cocke and Co. 24.00 John Lamb Chevrolet 29.20 I Inland Equipment Co. 89.06 J. B. Alignment Service 26.00 I Jim Willis Hardware 28.91 Kar Products,Inc. 45.25 UTILITIES DEPARTMENT L. B. Bumbalough 4.00 Allied Chlorine & Chemical 104.91 B & H Sales 562.08 Clermont Hardware 19.33 Clermont Auto Parts,Inc. 26.27 Ellis K. Phelps & Co. 50.00 Halliday House Products 54.00 Neisner's 8.57 Orlando Laboratories 115.90 Utility Supply Co. 55.49 Welper Laundry 10.20 Florida Power Corporation 1514.60 Curtin Matheson Scientific 59.04