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07-09-1974 Regular Meeting . e e . MINUTES NQ 1040 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, July 9, 1974. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Oswalt, Byrd, Waller and Schroedel. Other officials present were: City Manager Hopkins, City Controller Fleming, City Attorney Vason, City Clerk Carroll and Chief of Police Tyndal. Others present were: The Messrs. Czech, Hovis, Schumann, Adair, Sargent, Mr. and Mrs. W. B. Perry, and Mr. and Mrs. John Blanchard. Representatives of the Daily Commercial and the Sentinel/Star were also present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held,.oJune 25, 1974 were approved as written. Mayor Smoak announced the first order of business to be Council consideration of request by Sven E. Nystrom to operate a welding repair shop in a C-2 zone as provided in Section 26-25 (H) (1) of the zoning ordinance. City Manager Hopkins reported this request had been considered by the Planning and Zoning Commission on July 2, 1974, with no recommendation having been made. It was consensus of Council that a welding shop would be no more obnoxious or detrimental to the district than the uses already permitted whereupon motion was made by Councilman Oswalt and seconded by Councilman Waller that an Occupational License be issued to S. E. Nystrom to operate a welding repair shop at the southeast corner of Highway 27 and Pitt Street as requested. The motion carried with Councilman Byrd voting," Naye. Councilman Byrd advised he did not think this motion was necessary if Section 26-25 (B) (2) was interpreted as the City Attorney had done, that the "Problem" was "spelled out" in this section, and therefore that was his reason for voting against the motion. Mr. John Blanchard, representing the Greater Clermont Chamber of Commerce, appeared before Council and requested permission to close Montrose Street, between 7th and 8th Streets (and if demand required it) between 8th and West Avenue, on August 9th and 10th in order to sponsor a "Western Sidewalk Flea Market". Mr. Blanchard further advised that a lane would be left open down the center of the street for police and fire access, and submitted copies of approval for such an event to Council as signed by the majority of the merchants in this location. Motion was made by Councilman Waller, seconded by Councilman Oswalt and unanimously carried that this request be granted. City Manager Hopkins, reported that E. Preston Davis, Chief Sanitary Sewer Operator, had received certification by a "C" license in water treatment recently, and that he was being promoted to Acting Public Utilities Director as of July 15th for a period of six months during which time his administrative and supervisory capabilities would be mutually reviewed for a possible permanent promotion after that period. City Attorney Vason reported as follows: That of the fifty plus delinquent second installment sewer assessments which had been turned over to him for collection and he had contacted by either one or two letters, that only three or four remained unpaid, and that July 22nd had been set as the deadline date for collection of these prior to foreclosure proceedings; and, That in the City vs Peter H. Johnson condemnation suit, depositions had been taken by the city from appraisors King and Driggers, and the latest appraisal received from Mr. Ford's office had been $45,000 in addition to a minimum of Attorney fees at $4,000.and a maximum of $8,000. Mayor Smoak reported on the recent resignation of Francis Loomis from the Planning and Zoning Commission, and requested that he be advised his resignation is accepted with regret and that appreciation be extended to him from Council for his services while a member of the commission. . e e . MINUTES NQ 1041 Mayor Smoak reported he had received a final report regarding the Green Swamp usage which he had not had opportunity to study as 'yet, but that it was available to Council for their perusal at any time. Mayor Smaok reported on a communication received from Marilyn Priebe , President of the Jr. Girls Softball League, wherein she expressed appreciation for the use of the municipal ball park this season and requested that they be allowed to use it again next season on Tuesday and Thursday nites from 5:30 P. M. to 9:00 P. M.. It was requested by Mayor Smoak that Mrs. Priebe be advised that her request shall be kept under advisement and that when the schedules are drawn for the mens league and the Little League for next season, there will be space available for the girls softball league. Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 25-17 (a) (2) (i) OF THE CODE OF ORDINANCES: PROMULGATING A MINIMUM BASIC MONTHLY SEWER SERVICE RATE FOR SCHOOLS, KINDERGARTENS, AND DAY NURSERIES}; PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Waller. The ORDINANCE was read for a second and final reading, by title only, by City Attorney Vason and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Smoak, Schroedel, Byrd and Waller. Total Ayes: Five Nayes: None. So the ORDINANCE was adopted and numbered 107 -C. Councilman Waller introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSECTION (d) AND SUBSECTION (e) OF SECTION 16-5 OF THE CODE OF ORDINANCES: AMENDING AND REDUCING THE LENGTH OF SERVICE REQUIRED OF A CITY EMPLOYEE FOR THE VESTING OF PENSION AND RETIREMENT BENEFITS FROM TWENTY (20) YEARS TO TEN (1) YEARS: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading, byttitle only, by City Attorney Vason. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES: REZONING THE REAL PROPERTY DESCRIBED HEREIN FROM R-3 ZONING CLASSIFICATION TO C-2 ZONING CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading, by title only, by City Attorney Vason. Motion was made by Councilman Waller, seconded by Councilman Oswalt and carried that the bills be paid. Motion was made by Councilman Schroedel. seconded by Councilman Oswalt and carried that Mayor Smoak be authorized to execute the necessary contracts for the renovation of the Highland Avenue Well and the construction of the High School Lift Station. Motion was made by Councilman Schroede1, seconded by Councilman Oswalt and unanimously carried that the Council acce t the offer of Lot 76 Block 133 in Indian Hills Sub ivision at a cost of 4 000 for a new we 1 site from Inland Groves Cor oration, an that the City ttorney be instructed to prepare the necessary paper work to acquire the property and City Manager Hopkins be authorized to negogiate with Inland Groves Corporation in terms of time, closing date and any other stipulations which would be included in a purchase contract. With regards the recent decision of Council to periodically review the city employees~ pension plan with respects to cost of living increases which had not been done since its adoption, it was consensus that City Manager Hopkins be given a percentage increase figure to work with as he is presently preparing the budget for fiscal year 74-75. Motion was made by Councilman Schroedel, seconded by Councilman Waller and unanimously . e e . MINUTES NQ 1042 eaftriea that a miniMuM 6% increase. beginning with the new fiscal year. be extended to all the recepients who are presently participating in the retirement program. ' With regards the closing of a portion of Crystal Lake Drive which had been authorized by Council in 1967 by Resolution No. 13, and which had been determined at a later date could only be done legally by ordinance, motion was made by Councilman Waller. seconded by Councilman Schroedel and carried t~t-Gi~y~rney Vason be instructed to prepare the necessary ordinance to close that portion of Crystal Lake Drive as described in Resolution No. 103. The meeting was adjourned at 8:30 P. M. by Mayor Smoak. &~ Claude E. Smoak, Jr. Mayor