08-14-1973 Regular Meeting
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MINUTES
REGULAR MEETING
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960
A Regular Meeting of the City Council of the City ofG~fe~nt was held in the
Council Chambers on Tuesday, August 14, 1973. The meeting was caned 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 Carroll, Deputy Clerk Dollar and City Controller
Fleming. Others present were: Mr. and Mrs. G. Y. Middleton, Mr. and Mrs. William
Sullivan, Mr. and Mr. W. L. Glasgow and the Messrs. Turville, Czech, Holtzclaw,
Wootson, Gutman, Peacock, Ritchie, Lofgren, Huizenga and Nick Jones. Representatives
of the Sentinel-Star, the Daily Commercial and the local Press were also present.
The Invocation was given by Councilman Beals followed by repeating of the Pledge
of Allegiance in unisone,by;those present.
The Minutes of the Regular meeting held July 24th and of the Special meeting held
July ~, 1973 were approved as written;
Mayor Smith announced the first order of business to be a Board of Adjustment
Hearing to consider request by the Church of God in Christ for a variance to
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 ~chroedel advised that inasmuch as this left only a
difference of spaces for 3 cars, he felt the variance was justified and thereupon
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 taxi
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 3Q 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 10th 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.
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MINUTES
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961
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 "0rder of Taling". Mr. Vason inquired of Council IS
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 fo 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 FfJ~ 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 "0ff-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 concurring with
the recommendation as presented at last meeting ba Henr~ Czech, Chairman of the
p & Z Commission, that the Commission be rl~pande to t e full ~uota of nine
members with the two appointments to be made at this time and t e terms expiring
December 31, 1973. The motion was seconded bt Councilman Schroedel and carried
with Councilman Beals voting, Naye. It was the opinion of Councilman Beals that
the membership be left 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
carried that George Hovis be appointed to serve on the P & Z Commission from this
date through December 31,1973. It was the opinion of Councilman Beals that there
should be representation on the Commission from the newly annexed Minnehaha
Estates area, whereu on he moved that A. Lae eLan le be a ointed to serve
on the P & Z Commission from this date through December 31, 973. The motlon was
seconded bv Councilman Smoak and carried.
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No. 962
With regards an amended draft of the fiscal year 73-74 preliminary budget as submdtted
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-
All, 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, Coun~ilman Smoak inquired if any monies had been withheld
from the sanitary sewer construction contractors awaiting an answer until the matter
of whom was tUIUi!Ifor 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.
Co~nciJman Smoak still further fmqqired if there were funds available to pay
"M1chae1s-Stiggins, InQ.'l. 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.
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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 Beals advised that from his obervation public opinion
on this matter was evenly divided and he thereby felt that Council would be ill
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. Ney C. Landru~ 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 with4n~ 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
outsideeof natural rain water which services the Chain-o-Lakes, and with this in mind
he moved that Council endorse the proposedmQuisition of this property by the State
and forward a Resolution stating this to the Governor and members of his Cabinet
and to also state in the Resolution the city's interest and concern regarding the
preservation of water quality and quantity in the Souht Oklawaha River Basin and
the need for ac uirin in ress and e ress to the ro ert from U. S. Hi hwa
27 to a eviate increased traffic on State Road 561 within the City of Clermont.
The motion was seconded by Councilman Schroedel and carried with Councilman Beals
voting, Naye.
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 Beals, 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.
tQ4A'~ t ~.J~
Do ores W. Carrol , c,ty erk
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Don E. Smith, Mayor