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05-28-1968 Supporting DocumentsAML MINUTES N° KHM 528 ADJOURNED MEETING An adjourned meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 28, 1968. The meeting was called to order at 8:00 P. M. by Mayor Don E. Smith with all members present. Other officials present were: City Manager Johnson, City Clerk Carroll, Superintendent Sheldon, Attorney Langley, Controller Fleming, Inspector Snyder and*Chief of Police Tyndal. Others present were: The Messrs. Martin Wright, Derow Poynter, John Harder, Myron Pierce, John R. Jones, R. B. Williams, Arthur Dean, Asbury Floyd, Billy Dean, Sed Adams, Dennis Mangold and Herman Barberry. Mesdames Lettie Lord and Louise Cunningham were also present. Representatives of the local Press were also present. The Invocation was given by Mr. Barberry. The Minutes of the meeting held on May 14, 1968 were approved as written. Mr. Martin Wright appeared before the Council and protested the notice he had received from the City advising it was necessary that he remove an inoperable car and trailer from his property. Mayor Smith advised that such notice was given according to existing City Ordinance No. 39-C, and that nothing could be done about the matter. Mr. R. B. Williams appeared before the Council and protested the discontinuance of his water service for non-payment and the charge of $3.00 made for re -connection. Controller Fleming advised that this was in accordance with Section 25-3 of existing City of Clermont Code of Ordinances. Mr. Billy Dean appeared before the Council and solicited financial assistance from the Council to establish a Lincoln Park Day Care Center, such Center to be a non-sectarian, community project. This matter was referred to the City Attorney for further investigation and report back to the Council. Jimmy Lee Jackson appeared before the Council and protested that the City would not OK the electric power to be turned on at his building on East Montrose, though he was in receipt of a Certificate of Occupancy issued by the City. The Building Inspector advised that he had never been requested to make the Final Electrical Inspection on the building. This matter was referred to the City Manager. Mr. Jackson further protested the time limit given him to remove certain inoperable equipment from his property. This matter was also referred to the City Manager. City Manager Johnson submitted his report, both orally and written. Motion was made by Councilman VanderMeer, seconded by Councilman Prior and carried that approximately $700.00 received from sale of the building and citrus on the MacDonald Property be authorized for additional work to be done on the property. Controller Fleming submitted his report, both orally, and written. Motion was made by Councilman Cochran, seconded by Councilman Beals, and carried, that the Controller's report be accepted. City Attorney Langley submitted his report, both orally and written. Motion was made by Councilman Beals, seconded by Councilman Oswalt, and carried, that the report of the City Attorney be accepted. Councilman Cochran reported that work on the models of playground equip- ment of a polyhedron design was progressing. MINUTES No. 529 City Clerk Carroll read communications as follows: From the State Road Department wherein they advised they were in the process of completing an analysis of Traffic and Planning of State Road 50 in Clermont and would submit same within the near future; From Martin P. Winther, Chairman of the Zoning and Planning Commission wherein he submitted recommendations of the Commission for changes in the proposed new zoning for the area at the western edge of Clermont from Highway #50, south, and from 12th Street, West. Motion was made by Councilman VanderMeer and seconded by Councilman Prior that these recommendations be accepted and the changes be inserted in the proposed new zoning ordinance. Councilman Cochran offered an amendment to this motion whereby the recommendations bd accepted subject to acceptance, clarification and recommendations of Gerald Dake, the City's Planning Consultant. The amendment was seconded by Councilman Beals and carried. The motion was then voted upon and unanimously carried. Councilman Beals offered and moved that it be passed, a RESOLUTION permanently closing that portion of Crystal Lake Drive being better described as that portion of Crystal Lake Drive and Second Street being bounded on the East by a line extending from the northeast corner of Block 20 due in a northerly direction to the water's edge of Crystal Lake and being bounded on the South by the extension of the southern right-of-way line of DeSoto Street from a point on the southeast corner of Block 20 westerly to the water's edge. The motion was seconded by Councilman Cochran and upon roll call vote on adoption of the RESOLUTION, the result was: Ayes: VanderMeer, Oswalt, Cochran and Beals. Total Ayes: Four. Nayes: None. Abstaining: Prior. So the RESOLUTION was adopted and the Number 131 assigned to it and a copy ordered posted. Motion was made by Councilman Beals and seconded by Councilman Cochran that Council President Oswalt be authorized to execute a warranty deed from the City to Claude Smoak and wife, Honey Jean Smoak, for the remaining portion of the right-of-way, such deed excluding any portion of Second Street and the costs of preparing and recording such deed to be borne by the recipients. The motion carried with Councilman Prior abstaining. Motion was made by Councilman Beals, seconded by Councilman Cochran, and carried, that Councilman Oswalt be appointed to attend the State Water Pollution Board Hearing in Leesburg on June 24 with the City Attorney. Councilman Prior inquired of the City Manager if center lines had been painted on East Avenue as yet and he was advised that they had not been. Councilman Cochran inquired of City Attorney Langley if there was any manner in which the City could assist the Chamber of Commerce financially with the costs of the "You Don"t Say" television program televised in Clermont, and he was advised in the negative. Motion was made by Councilman VanderMeer, seconded by Councilman Cochran, and carried, that Controller Fleming be authorized to release necessary monies and the City Manager be authorized to proceed with construction of Chestnut Street extension, -from 8th Street to West Avenue,such construction to be a base cap, without curbs. MINUTES N ° HQPxxx 529 City Clerk Carroll read communications as fol From the State Road Department wherein they adv s d they were in the process of completing an analysis of Traff'c and Planning of State Road 50 in Clermont and would submit s me within the near future; From Martin P. Winter, Chairman of t e oning and Planning Commission wherein he submitted recommendat' n of the Commision for changes in the proposed new zoning for h area at the western edge of Clermont from Highway #50, south, n from 12th Street, West. Motion was made by Councilman Vand r, er and seconded by Councilman Prior that these recommendati s be accepted and the changes be inserted in the proposed new o ing ordinance. Councilman Cochran offered an amendment to this mo i whereby the recommendations be accepted subject to acceptance, cla if cation and recommendations of Gerald Dake, the City's Planning C s ltant. The amendment was seconded by Councilman Beals and Carr e . The Motion was then voted upon an unanimously carried. Councilman Beals offered an m ed h t it be passed, a RESOLUTION permanently closing that portion of C al Lake Drive being better described as that portion of Cr a La a Drive and Second Street being bounded on the East by a line exten in from the no heast corner of Block 20 due in a northerly di ct' n o the wat s dge of the southern right-of-way line of DeSoto Stre fr m a point on h southeast corner of Block 20 westerly to the water s dge. The motion was seconded by Councilman Cochran and upon ca 1 vote on adop�on of the RESOLUTION, the result was: Ayes: Vand r e O walt, Cochran and Beals. Total Ayes: Four. Nayes: None. Abstai 'n P ior. So the2ESOLUTION was adopted and the Number 131 assi ed 't and a c y ord®r d posted. Motion was made by Counci an Beals and se ded by Councilman Cochran that Council President Oswa b authorized cute a warranty deed from the City to Claude Smo k nd wife, loney Jean Smoak, for the remaining portion of the r'gh of -way, such deed excluding any portion of Second Street and the cos s o preparing and recording such deed to be borne by the recipients. Th motion carried with Councilman Prior abstaining. Motion /thaController ade by oun ilman Beals, seconded by Councilman Cochran, and carrieat Coy it an Oswalt be appointed to attend the State Water Pollution . ari g i Leesburg on June 24 with the City Attorney. Councilrior inq fired of the City Manager if center lines had been pointEa A enue as yet and he was advised that they had not been. Counciloc ran inquired of City Attorney Langley if there was any mannerh'ch e City could assist the Chamber of Commerce financially with the cf t "You Don"t Say" television program, televised in Clermont, wa advised in the negative. Motion mad by Councilman VanderMeer, seconded by Councilman Cochran, and carrieha Controller Fleming be authorized to release necessary moniesandty Manager be authorized to proceed with construction of Chestnur et extension, from 8th Street to West Avenue, such constructibe a base cap, without curbs. MINUTES N ° 08H 530 Motion was made by Councilman Prior, seconded by Councilman Beals, and carried, that City Manager Johnson be authorized to request the Florida Board of Conservation for a fishing dock on Lake Minneola. Motion by Councilman Beals, seconded by Councilman Prior, and carried, that the meeting be adjourned. i L '�/' Don E. Smith, Chairman 7 Dolores W. Carroll, City Clerk 1. REPORT OF THE CITY CONTROLLER 1. Arrangements have been made with employees of County Tax Assessor's office for the printing of Assessment Roll for Real and Personal property in the City of Clermont. The roll should f' be available at next Council meeting. 2. Necessary forms for the Assessment Roll have been ordered from the South Lake Press. 3. Sale of Lands for non-payment of taxes will be held in the office of the City Manager, Friday, May 31, 1968 at 10:00 A. M. 4. As of this afternoon there are a total of 31 unpaid tax bills on Real Property totaling $1,460.40. 5. It has come to my attention that there is inconsistency in handling of collection of Water bills in that approximately 150 customers are on a monthly cut-off schedule of the 20th of each month whereas others are allowed to go several months delinquent but if they do this several times they earn a position on the 20th cut-off list. I intend to establish the 20th, which is an arbritary date as per Code Section 25-2 all bills become delinquent on the closo of business on the tenth day and the City may discontinue service, as the cut-off date for ALL customers. Mny 25, 1.968. The Honorable City Council. City of Clermont, Florida. Gentlemen, On May 24, 1968 at 7 P.M. a Special Meeting of your Zoning and Planning Commission was held at the City Council Chambers. Pointer -Harder Construction Co., presented a Petition requesting Zoning changes for the land they intend to use for a Mobile Homes Park. Their petition outlined the precise bounderies and classification of the land under petition. It was RESOLVED unanimously to reccomend to the City Council that the the land be Rezoned as follows; REZONE TO R3, land, bounded on the North by Highway 50, on the West by Palatlakaha Lake and Palatlakaha River, on the East by a line beginning at Highway 50 and running South in line with the West boundary of the property Leased by WSLC Radio Station to the Southwest corner of said Leased (WSLC) property, then East 100. feet, then South 348 feet, then West a distance of approximately 800 feet to Lake Palatlakaha. This South boundary is 310 feet North of the center line of Chestnut Street and runs parallel with same... REZONE TO C-2, land adjoining the above to the East, bounded on the North by Highway 50, on tip Fa^+ by 12th Street, nn the South by the North edge of Broome Street, and on the West by the West edge of the property leased by Radio WSLC.. The enclosed Print shows the land to be Zoned R-3 shaded in Green and that to be Zoned C-2 shaded in Pink. gir4arb p. TUITZICU J` Uar nep mth Caw effar at Tian 6J0 rlonl�n a yl (/nr zar % mart, �(OfrdaJY7l� May 28, 1968 9U5-1.96-VI r� CITY ATTORNEY'S REPORT 1. I have obtained the signature of Leon Jones of Winter Park, }. Florida, to the right-of-way deed for Chestnut Street. This completes the right-of-way deeds and from a right-of-way standpoint completes this pro- ject. l 2. In regard to the request by the Chamber to pay the outstand- ing account of some $2,700.00, I have the following comment. I have re- searched this matter and have also consulted other City attorneys concern- ing this matter and have reached this conclusion. (a) I do not think that the Council can legally pay this bill at this time. (b) If this bill is paid, the record must show that it is against my advise and without my consent. I base this opinion on thecaselaw in this subject. Such expend- itures have been authorized where the State law and the specific City Charter authorize expenses for advertisement. Our State law nor our Charter author- izes such expenditures. As a matter of fact, in the case of Loeb vs City of Jacksonville, a similar item was contested by a taxpayer and the City was defeated. On this authority as well as the other authorities I have con- sulted I, therefore, render my opinion that the payment of this bill is not authorized or legal. 3. I was very satisfied with Mr. Johnson's, the Mayor's, and my visit to Atlanta, Georgia, concerning our Sewer Project. I feel that much was accomplished and that we are near its completion. Thus far we have not run into any legal complications. I will advise the Council if such arise. 4. I have sent personal letters to each of the delinquent assess- ment payers advising them that if action is not taken before June 1, 1968, that foreclosure proceedings shall be started. RICHARD R. LANGLEY City Attorney r MANAGER'S REPORT May 2B, 1968 The paving of Past Minneola Avenue is underway and, weather permitting, will be completed the first of next week. Construction costs will be turned over to Mr. Fleming within a few days in order that he may make assessments against the property owners. I expect Mr. Arnold Bridges to move his equipment back to the MacDonald property sometime next week. I am very much afraid that the $2,000.00 allocated for this work will be short of the required amount. As we received $600.00 for the residence and 9100.00 for citrus fruit I respectfully request your permission to use some, or all of these additional funds for the work if necessary. Our general clean up and junk removal program is continuing. In the majority of my requests I am receiving good cooperation. There are, of course, some people who refuse to cooperate. Mayor Smith, Mr. Langley and I met with HUD officials in Atlanta last week. There were a few matters which needed clarification as well as a general discussion of the project. The conference was reasonably satisfactory and I hope will result in an increase of $23,000.00 in the amount of the HUD loan. The trip also gave our Mayor the opportunity to become acquainted with people with whom we will be associated quite closely in the months ahead. I was requested to let you have an estimate of the cost of redesigning Montrose Street, in the business area, to a weave pattern, including a change in the present parking arrangements and completion of several areas of trees and/or shrubbery plantings. As this is an idea without any definite plan it is impossible to estimate the cost. I have discussed the matter with Mr. Harris and he is in agreement that the matter should be referred to the Planning Commission with a request that they make some definite recommendations. I am of the opinion that the idea should be developed by the Planning Commission, the Downtown Merchants, and, if possible, Mr. Dake and myself. This is the manner in which I shall proceed unless you direct me otherwise. As soon as something definite is established I will report to you. I have not received any information from the Atlantic Coast Line Railroad regarding the possible paving of Osceola Street, West Avenue to 8th Street, which will cover a part of these right-of-ways. Mr. �n„q.cy was to write to them regarding this matter as well as the matter V of reyacsting that they bear the cost of a crossing at East Avenue. I presume that the letters have been written but to date I have not been advised of their reply. The lower part of the Bloxam Avenue Well was sealed off last week and we have pumped the well for the past several days. Unfortunately, the condition of the water has not mmprovad. In fact it is impossible to detect any change whatsoever in the color, odor or trash and sand contents. Mr. Westbrook was over to make an inspection and he is in agreement that no improvement has taken place and that the water is not satisfactory. Apparently the volume of water was not affected and we do have a source which can bo used in case of emergency. 2 I have a proposal from Layne Atlantic Company to drill a new well with rotary drilling machine. The total cost of the well, relocating the machinery, approximately 4000 feet of 12' mains, electrical work and engineering fees will approximate $40,000.00. These estimates are based on the well being in the general area of the citrus grove irrigation well southwest of the citrus tower. I fully realize that the cost of this installation represents a considerable outlay of funds. However, it is imperative that we take some steps towards providing an adequate supply d good water for our customers. It is of the utmost importance that we proceed without undue delay in providing such a water supply. It is my recommendation that you authorize Mr. Fleming and myself to work out some arrangement for financing the project and that Michaels Engineering Company be authorized to proceed with preparing the necessary plans and specifications. I assume that we will have to advertise for bids on the project but I sincerely hope that in considering the proposals that you will give as much consideration to the performance record and integrity of each bidder as you do to the cost factor. Respectfully submitted.