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09-24-1974 Regular Meeting . e e . MINUTES REGULAR MEETING NQ - - reS9- A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, September 24, 1974. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Waller, Byrd, Schroede1 and Oswalt. Other officials present were: City Controller Fleming, Deputy Clerk Dollar, City Attorney Vason, City Manager Hopkins, Director of Community Services Smythe and Chief of Police Tyndal. Others present were: Mrs. P. Homan, Mr. and Mrs. Perry, Mr. and Mrs. Davis, Messrs. Beals, Adair, Czech, El1ingham, Rodi, Schumann, Hovis, Sargent, Bailey and Carden. A representative of the Daily Commercial was also present. The Invocation was given by Councilman Byrd followed by the Pledge of Allegiance repeated in unison by those present. The Minutes of the meeting held on September 10, 1974, were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider the request of the Seventh Day Adventist Church for a CUP to allow construction. of a church and community service building on Lots 12, 13 and West 25 feet of Lot 14 in Block 5 of Sunnyside Unit Subdivision. Mr. El1ingham of W. R. Frizzell, Architects, Inc. appeared before Council in behalf of this request. Inasmuch as the site plan presented was not in accordance with the changes discussed between the City Manager and another representative of the architectural firm, at the suggestion of Mayor Smoak the Public Hearing was continued until the October 8, 1974 meeting and until Council has final plans and drawings that they can review an analyze to make a responsible decision. Mayor Smoak announced the next order of business to be a Public Hearing to consider requests of Mark V Ltd., Inc., for a Variance to Section 26-23 (E) (2) of the Zoning Ordinance (SETBACKS IN AN R-3 ZONE) on their property described as the West 20 feet of Lot 12 and the East 30 feet of Lot 14, in City Block 113, and the West 43 feet of Lot 10 and the East 20 feet of Lot 12 in City Block 113. There was no one present who voiced objection to the request, whereupon motion was made b Councilman Schroedel, seconded b Councilman Oswatt ana carr1ea t at e requests e grante . Mr. Marvin Sutton appeared before Council and requested that consideration be given to paving Osceola Street between West Avenue and Eighth Street to alleviate the dust problem. City Manager Hopkins advised that previous consideration had been given to the improvement of this street, however, there appeared to be no inexpensive way in which it could be improved. Following further discussion, motion was made by Councilman Oswalt, seconded by Councilman Waller that the City Manager be authorized to roceed with im rovements to Osceola Street at a cost in the nei hborhood of 2 000. Upon roll call vote on passage of the motion the resu ts were: Ayes: Waller, Byrd, Schroedel and Oswalt. Total Ayes: Four. Nayes: None. Abstaining: Smoak. The motion carried. City Manager Hopkins reported on a meeting with the Library Association and the City Council to discuss the City of Clermont/Cooper Memorial Library Association relationship. In a subsequent memorandum to Couci1 (copy attached) City Manager Hopkins stated that it was his position that City Council should exercise greater control over the expenditures of library funds, appropriated by the Cit~ and outlined two organization structures, other than the non-profit, autonomous library association, for consideration and the advantages and disadvantages of this approach. Councilman Schroede1, as liaison between Council and Library Board, stated that he felt the Library was functioning in a very capable manner and that at this moment he could not vote against or for a change. Mayor Smoak stated that he agreed with the City Manager's suggestions to an extent, that the City Council should be accountable to the people of Clermont for this substantial portion of the ad vat.orem taxes, but felt that to take over the library in its entirety would be a greatly increased cost to the city. He further stated he felt a meeting should be held between the Council and Library Board to review the proposal and to come to an agreement. . e e . M I NUT E S NO. 1060 City Attorney Vason reported that the Peter H. Johnson case is scheduled for a preliminary hearing on October 1st and that he feels certain the case will be set for trial at that time. Mayor Smoak advised that he had been served with a writ of mandamus from Judge Wallace E. Sturgis, Jr., "commanding that a building permit be issued to the Petitioners, Citrus Shoppe, Inc. (Crystal Lake Apartments), for the project, timely and promptly inspect the progress of said project and issue a certificate of occupancy upon satisfactory completion of the project, or, that you show cause before this court, at the courthouse in the City of Tavares, Lake County, on October 14, 1974, at 10:00 A. M. why you have not done SOli. City Attorney Vason explained that the proceedings filed asked that the Court compel the City of Clermont issue a building permit for Crystal ~ake Apartments. Mayor Smoak announced that as soon as he had a confirmed date, he will notify the members of.the Clermont Lakes Improvement Committee of a public hearing to be held in Orlando by the East Central Florida Regional Planning Council with regards to petitioning for South Lake County to be included in the boundaries entitled to apply for Federal Monies for storm sewers. Councilman Schroedel inquired as to the status of a recommendation on the request of Coach Clifford Cox for the city to provide outdoor basket ball court(s). City Manager Hopkins advised that no recommendation had been prepared. Councilman Schroede1 inquired if there was something wrong with the lights at the tennis court, as he had noticed one hangs over and lights up the Christian Science Schurch. City Manager Hopkins advised that there is something wrong with the 19iht and the gentleman who made the initial installation has been requested to make the correction but he had not gotten to it as yet. Councilman Schroedel inquired as to the extent of the loan that Dawkins & Associates had been authorized to apply for to FHA for water main and sanitary sewer extensions. Information is presently being prepared in order that a presentation can be made to FHA. Councilman Schroedel inquired if payment had been made to Michae1s-Stiggins, Inc. for work done on the sanitary sewer system. City Manager Hopkins advised that payment was pending preparation of the legal document granting use of sewer plans for the Minnehaha Estates Subdivision. Councilman Schroede1 inquired if it is the city1s reponsibi1ity to remove residue from the building which was burned down on Chestnut Street. City Manager Hopkins advised that the property owner had agreed to remove the material, but has been slow to respond, and has been again notified. Councilman Oswalt reported that in a meeting of the Clermont Lakes ImprovemeRt Committee on September 12, 1974, Sanford Young, biologist with Biological Research Associates of Tampa, had been authorized to approach the proper authorities while in Ta~lahassee on other matters and to gather information regarding assistance in the project. No action has been taken pending approval of the budget, but it is the intention of the Committee to retain the services of Mr. Young when funds are approved. Deputy Clerk Dollar read a communication from the Lake County Economic Opportunity, Inc. wherein they requested Council to nominate a member to serve on their Board of Directors for next year. It was consensus of Council that they did not wish to nominate anyone at this time. The Mayor advised of the fol~owing communications he had received. A letter from the Honorable Gerald R. Ford, President of the United States, wherein he expressed thanks and appreciation for the Resolution of Support; A letter from James C. Walkins, County C1er~, advising that due to the state1s-request for reassessment of Lake County Tax Rolls the rolls will not be completed by October 1; . e e . MINUTES Nt} 1061 The Lake County Board of Commissioners has requested that all tax receipent agents be notified that there may be a "substantial delay" in receiving 1974 tax monies; A letter from W. K. Hennessey, Director of the Lake County Pollution Control regarding our application for operating permit for the sewage treatment plant, in which he stated he was recommending a one year temporary operating permit based on a firm schedule to achieve complete containment of the effluent and meanwhile requesting that a city representative appear at the next scheduled meeting of the Pollution Board on October 14th to request variance for this discharge. Mayor Smoak urged that all the members of Council, who can, attend this meeting and requested the City Manager to compile information for presentation to see if we can no~get the temporary or permanent permit resolved in Lake County. Councilman Oswalt offered and moved the adoption of a RESOLUTION ESTABLISHING A REGIONAL WORK EXPERIENCE (CADET) PROGRAM AND AUTHORIZING THE CITY OF CLERMONT TO MAKE APPLICATION UNDER PL 90-351. The RESOLUTION was seconded by Councilman Waller and unanimously carried. The RESOLUTION was read by City Attorney Vason, by title only, and the Number 239 assigned to it. Councilman Byrd offered and moved the adoption of a RESOLUTION PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEM; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $155,000 WATER AND SEWER REVENUE BONDS, SERIES 1975, TO FINANCE THE COST THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM, CERTAIN MUNICIPAL EXCISE TAXES AND ALL MONEYS OF THE CITY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION AND LEGALLY AVAILABLE FOR SUCH PURPOSE TO SECURE THE PAYMENT THEREOF; AND PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS. The RESOLUTION was seconded by Councilman Schroedel. Upon roll call vote on passage of the motion the results were: Ayes: Waller, Schroedel and Smoak. Total Ayes: Three. Nayes: Oswalt and Byrd. Total Nayes: Two. The motion carried. The RESOLUTION was read by City Attorney Vason, by title only, and the Number 240 assigned to it. Councilman Waller offered and moved the adoption of a RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $155,000 WATER AND SEWER REVENUE BONDS ANTICIPATION NOTES OF CITY OF CLERMONT, FLORIDA; PROVIDING FOR THE PAYMENT THEREOF AND ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH THE HOLDERS THEREOF. The motion was seconded by Councilman Schroede1. Upon roll call vote on the motion the results were: Ayes: Waller, Byrd, Schroedel and Smoak. Total Ayes: Four. Nayes: Oswalt. Total Nayes: One. The motion carried. The RESOLUTION was read, by title only, by City Attorney Vason, and the Number 241 assigned to it. City Attorney Vason reported on a tentative outline of procedures for effecting changes in the Charter and Municipal Code, recommending that committees be appointed to propose definitive revisions. The Mayor recommended that a member of the community in the Construction business be considered to serve on the committee for Building Code Revisiions; that at the next regular Council meeting he will approach Council with a list of names for their approval to fill these committee postttoDs With regards the Delinquent Special Street Paving Assessments the City Attorney apprised Council of the lengthy time consuming aspects of preparing the list for collection by legal means, and of the expenses involved to the property owners. City Attorney Vason was instructed to pursue the collections by a letter to the delinquent property owners, informing them of the amount due, and the potential costs that could be involved if legal action is taken. As an outcome of this discussion on paving assessment, it was brought out that in future paving assessments the policy of the city should be to have all the 1 iens recorded. e e e e MINUTES City Manager Hopkins reported on expansion plans proposed by the Cooper Memorial Library and it was decided that further discussion of this matter would be taken up in a work meeting with the Library Board. Discussion of the proposed 1974-75 General Fund Budget was postponed to a Special Meeting to be held on September 25, 1974. Mayor Smoak called a Special Meeting of Council to be held at 7:30 P. M. September 25, 1974 in the City Manager's office. The Agenda to be to consider the recommendations of Dr. Fogler regarding the city's pension program and to discuss the preliminary and revised 1974-75 General Fund Budget. City Manager Hopkins reported that in the consideration of replacement of the existing swimming pier at Jaycee Beach and the intention of the City to apply to the Department of Natural Resources for a grant to finance the construction, a permit must be obtained from the Southwest Florida Water Management District and possibly a permit from the Internal Improvement Fund; To obtain these permits, plans and specifications must be submitted on the structure certified by an engineer or architect. Nick Jones, Architect, in a letter dated 'September 19th proposes to prepare schematic drawings and cost estimates for a new swimming pier at a fee not to exceed $300.00 and in a letter dated September 13th, he proposes further work, namely development of a comprehensive plan for Jaycee Beach at a fee not to exceed $2600.00. City Manager Hopkins recommended that Nick Jones be authorized to develop the drawings and cost estimates for a new sWmmming pier and that Council consider the comprehensive plan for Jaycee Beach. Motion was made by Councilman Schroedel, seconded by Councilman Oswalt, and carried that the City Manager be authorlzed to enter into an agreement with Nick Jones to roceed with the drawin s and cost esti~te for a new swimmin ier at a fee not to exceed 300.0. No'-aetlon was taken on conslderation 0 an overall comprehensive plan for Jaycee Beach. Mr. Tom Adair volunteered to give the City a cost breakdown on the plans for the pier free of charge, following the architect's study. His offer was accepted by Council. The meeting was adjourned by Mayor Smoak at 9:30 P. M. i~~. ~~