06-26-1973 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, June 26, 19/3. The meeting was called to order at
7:30 P.M. by Mayor Don E. Smith with the following members present: Councilmen
Byrd, Beals, Schroedel and Smoak. Others present were: Mr. and Mrs. W. F. Perry,
Officials of the Board of Cooper Memorial Library and Messrs. D. L. Crowson,
M. 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 Beals, 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. Sanderlin Corporation for the closing of portions
of Drew and Division 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
b Councilman Smoak and carried that the re uest be ranted and the Cit Attorne
be nstructed 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
Associates for engineering servicesl
Mr. B. J. Jarrett of the Cooper Memorial Library Board appeared before 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 Letislature provides for 25% operating
grant for libraries, based on local appropriations, the libraryls 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 Councills adoption of a resolution authorizing the execution of
a Utilities Agreement for the adjustment, change or relocation of certain utilities
whereu on Councilman Smoak offered and moved the ado tion of a RESOLUTION authorlzin
execution of an Utilities A reement or the ad'ustment chan e or relocation
of certain utilities within the ri ht-of-wa limits of State Road 5 1 Section
11090- 901 and providing when this resolution shall take effect. The motion
was seconded by CouncIlman Beals and carrIed. The RESOLUTION was read in full
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BY CITY ATTORNEY Vason and 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 been received; that Minneola 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 Minneola
to explain the Cityls request for rerouting traffic from SR 561, and City
Manager Hopkins was directed to request the council members be put on the agenda
for Minneola's council 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 legiS1:ature 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 Companyls paint building City Attorney Vason reported his research on
this matter advising that we mayor 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 $10,2~0.
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 under Konsler
Steel Company's paint building, no action was taken at this time.
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
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the Board at the next Council meeting and directed the City Manager to invite
the members of the Board to the meeting.
Councilman Schroedel inquired if anything could be done about the railroad 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. Councilman Schroedel
then inquired if Mascotte had as yet requested the use of the cityls jail facilities.
City Manager Hopkins advised that the City had not as yet received a written
request from Mascotte so apparently they were not going to pursue the original
request.
Councilman Byrd inquired the procedure for adopting the Cityls 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 ORplNANCES 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 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
and themation 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 S4-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 MINIMUM 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 CLERMONT,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 EFFECTIVE 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, AMEN~ING SECTION1]-1. 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 IRON INSTALLATION; ESTABLISHING 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; PROVIDINu
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.
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Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 8-2(B) OF THE CODE OF ORDINANCES:
AMENDING SECTION 8-2(E) OF THE CODE Of ORDINANCES; AMENDING SECTION 8-16 (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 ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING 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 Schroedel 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.
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Don E. Smith, Mayor
1/1 Li ~/U -A) J-o..h It ^ )
Deputy Clerk, Mildred Dollar