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01-23-1973 Regular Meeting . e e . MINUTES NQ 871 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 23, 1973. The meeting was called to order at 7:00 P.M. by Mayor Don E. Smith with the following members present: Councilmen Schroede1, Byrd, Beals and Smoak. Other officials present were: City Manager Hopkins, City Controller Fleming, City Attorney Langley, City Clerk Carroll, Director of Community Services Smythe and Chief of Police Tynda1. Others present were: Mrs. R. W. Waters, Mr. and Mrs. W. B. Perry, Mr. and Mrs. R. E. Smith, Mr. and Mrs. Chris Giachetti, Mr. and Mrs. John W. Parks, Mr. and Mrs. Robert Shumaker and Messrs. Robert Vason, William Stone, W. O. Boone, J. R. Peacock, Earl Kirkland, 'Henry Czech, George Hovis and Don B1oebaum. Representatives of the Sentinel Star and the local Press were also present. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. Attorneys William Stone and Robert Vason, applicants for the position of City Attorney, were interviewed separately at this time by Council, with each giving brief background sketches and answering questions as posed by Council members. The minutes of the meetings held January 5th, January 9th and January 16th were approved as written. The minutes of the meeting held January 12th were corrected as follows: (p. 3, lines 1-8-9) IIThey further advised that measures should be taken to acquire an additional 3+ acres of grove also adjacent to the site for emergency 1andspreading (the Peter H. Johnson property}1I The minutes were then approved as corrected. Mrs. Judy Shumaker, representing the South Lake Art League, appeared before Council to announce the League's annual outdoor art exhibit to be held on April 15th and to solicit financial assistance for this project toward their goal of $1,000.00, a part of which had already been pledged. City Attouney Langley advised that Council could not legally grant a contribution to the League, but that help could possibly be extended in another way such as purchasing the prize winning painting. It was consensus of Council to cooperate in whatever legal way possible towards the success of such a project and invited Mrs. Shumaker to appear before Council at their meeting to be held on February 27th to report on the Leaguels financial status for this project at that time. The Oath of Office was administered to R. W. Waters and John W. Parks as Municipal Judge and Second Judge respectively by Mayor Smith. Mayor Smith announced the next order of business to be Public Hearings as follows: A request by Mr. R. E. Smith for a variance of five feet in the side yard require- ments in order to construct a residence on his property described as Lots 2 and 4 in Block 129 of Indian Hills Subdivision. There was no one present who voiced objection to this request, whereupon motion was made by Councilman Smoak, seconded by Councilman Schroedel and carried that the request be granted. A Public Hearing to consider an amendment to Section 26-68 of the Zoning Ordinance- Planned Unit Development, which had been considered and recommended for approval by the Planning and Zoning Commission on January 2nd. There was no one present who voiced comment on the proposed amendment, whereupon motion was made by Councilman Beals, seconded by Councilman Schroedel and unanimously carried that the City Attorney be instructed to prepare the necessary ordinance amendment for introduction and first readingyat the next regular meeting. City Manager Hopkins reported as follows: That he had received a request from the Clermont High School National Honor Society to sponsor a teenage dance in Jenkins Auditorium on Saturday, February 10th from 8:00 P.M. to 12:30 A.M. Motion was made by Councilman Schroede1, seconded by Councilman Smoak and carried that this request be granted provided that all rules and regulations pertaining to dances held in the auditorium are met. . e e . MINUTES NQ 872 That he had received an "offer to purchase" that city owned lake front property which lies directly south and in front of Lot 13, Clermont Heights, owned by C. John Frazier, and on which Mr. Frazier currently has pending a request to the city I for an easement. Mr. Hopkins advised that Mr.Frazier had been issued a building permit for construction of a dock on this property, but was delaying start of construction in order to obtain a document of some kind from the city, be it an easement, lease or deed. Mayor Smith advised that he would be opposed to both offering for sale or the sale of any city owned 1akefront property. Motionwas made by Councilman Beals, seconded by Councilman Schroede1 and carried that the City Attorney be instructed to prepare the necessary document to grant Mr. Frazier an easement on the 1akefront property and to include in same that it would be transferable with the property described as Lot 13 in Clermont Heights Subdivision, and present same for consideration at the next regular meeting. That a Planning and Zoning Seminar would be held at Lake Sumter Community College in the very near future and he requested authorization for representatives from Clermont to attend at a cost of $25.00 each. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that authorization be granted for Mr. Hopkins and one person from the Planning and Zoning Commission to attend; That a response should be given to the proposal from the Board of Directors of Green Valley Country Club. It was consensus of Council that inasmuch as there was some question as to what the proposal meant by the reworking of the present system to an automatic or semi-automatic system, and that an attempt should be made for negogiation with regards their fee for a long term lease, that City Manager Hopkins schedule a meeting with them prior to any action being taken on the proposal, and Mr. Hopkins agreed to do this; That he had mailed letters to seven firms specializing in water and sanitary engineering with regards their interest in discussing the status of the sanitary sewer system to date, proposed expansion of the sewer system, as well as immediate improvements and future expansion to the water distribution system; That inasmuch as a report just received from Michaels-Stiggins, Inc. indicated that they had begun studies on the feasibility of pumping effluent from the treatment plant to the Green Valley Golf Course, they should be advised as to whether or not to proceed with any further improvements or expansion. It was the recommendation of Councilman Smoak that Michae1s-Stiggins, Inc. only be invited to participate on specific items as might be requested by the City Manager in writing and ~ubject to approval by the Council. Motion was made by Councilman Beals, seconded by Councilman Schroede1 and unanimously carried that as of this date, Mic~aels-Stiggins, Inc. be advised that they were no longer invited to participate in future expansion and/or improvements to the sanitary sewer system but were being held responsible for their work started in 1962 on the present system. Councf1mn Smoak inquired if an updated statement for services rendered by Michaels-Stiggins, Inc. had been received and City Manager Hopkins advised that this had been requested some time ago and he had not received an answer. Councilman Beals reported that he had been contacted to remind Council and other city officials of the Orange Blossom Breakfast to be held on Wednesday, January 24th and to urge their attendance. Councilman Schroede1 offered and moved the adoption of a RESOLUTION authorizing City Manager Hopkins to execute a loan agreement in the amount of $150,000 with the State of Florida Department of Pollution Control-Sewage Treatment Facilities Revolving Loan Program and the motion was seconded by Councilman Beals and unanimously carried. The RESOLUTION was read in full by City Attorney Langley, the number 201 assigned to it and copy ordered posted. . e e . MINUTES NQ 873 Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SUBSECTION (F) OF SECTION 26-24 AND SUBSECTION (F) OF SECTION 26-25 OF THE ZONING ORDINANCE FOR THE CITY OF CLERMONT, FLORIDA BY PERMITTING, AS A CONDITIONAL USE, THE EXISTENCE OF LIVING QUARTERS AS INTEGRAL PART OF A BUSINESS STRUCTURE IN C1 AND C2 ZONING DISTRICTS and the ORDINANCE was read in full for a first reading by City Manager Hopkins. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA AMENDING ORDINANCE NO. 77-C and the ORDINANCE was read in full for a first reading by City Attorney Langley. Councilman Smoak reported that Mr. Rick Georges had contacted him with regards the plans and cost estimates of the spray irrigation system which he had promised to submit on Friday, January 19th but which he did not have as yet inasmuch as he felt it advisable to refer same first to an engineering firm in DeLand which he has done and shall submit to Council as soon as the plans have been completed by them. With regards acquiring additional property on which to utilize a temporary spray irrigation system, it was the suggestion of Councilman Smoak that an appraisal be obtained on the Peter H. Johnson property and then a meeting scheduled with Council and Mr. Johnson to discuss possible purchase of same. Motion was made by Councilman Smoak, seconded by Councilman Schroede1 and carried that local realtor, Art George, be requested to make an appraisal of the Peter H. Johnson property and expenditures for same be authorized up to $100.00. With regards the appointment of a City Attorney, Council selected Robert F. Vason, Jr., by secret ballot. Motion was made by Councilman Smoak, seconded by Councilman Schroedel and carried thatiMr. Vason be appointed as of February 1, 1973 and that Mr. Langley be retained after that time on an hourly fee basis based on completion of the pending condemnation suits and closing of the bond issue, and at which time Mr. Vason would assume the duties as City Attorney. It was reported that there were court cases pending in municipal court that would require the services of a city prosecutor, whereupon motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that Robert Vason be appointed as Associate Counsel effective immediately. Motion was made by Councilman Schroede1, seconded by Councilman Byrd and unanimously carried that the following appointments be made to various boards for their designated terms: Plumbing Board - One year appointment M. J. Ba rnes Bi 11 Lawson Electrical Board - One Year appointment Seldon Hanks William Britt J. L. Madden John Minor Building Code of Appeals - Three year appointment Donald St. John Willie Creech Lake Apopka Natural Gas District - Two year appointment Albert M. Johnson Pollution Control Board - One year appointment Claude Smoak, Jr. Charles Beals e e e . MINUTES NQ 874 Upon secret ballot of Council, the following appointments were made to the Planning and Zoning Commission with their terms of office as designated: Two year appointment Henry Czech Chris Giachetti Ruth Alice Ray Nick Jones Three month appointment George E. Hovis George Dupee The meeting was adjourned by Mayor Smith. ~ c:-~ Don E. Smith, Mayor l{k,,~) iJ. W Dolores W. Carro ,City Clerk