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03-11-1975 Regular Meeting . e e . MINUTES NQ 1123 REGULAR MEET! NG A Regular Meeting of the City of Clermont was held in the Council Chambers on Tuesday, March 11, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Schroedel, Byrd, Blackburn and Oswalt. Other officials present were: City Controller Fleming City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe, City Manager Hopkins and Chief of Police Tyndal. Others present were: Mr. and Mrs. George Narehood, Mr. and Mrs. Gary Williams, and the Messrs. Dave Crowson, Leonard H. Baird, Jr., Ted Williams, George Williams, C. E. Duncan and William F. Baker. Representative of the Lessburg 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 Special Meeting held February 19, 1975 were approved as written. The Minutes of the Regular Meeting held February 25, 1975 were amended as fo 11 ows. IIWi th regards request of A 1 Earl s for the re-zoni ng of Lots 1 thru 5 in City Block 7 from C-l to C-2, motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the recommendation of the Planning and Zoning Commission be accepted and the request be denied without prejudicell Motion was made by Councilman Blackburn. seconded by Councilman Byrd and carried that the request for the re-zoning of lots 1 thru 5 in City Block 7 be denied. Upon inquiry by Councilman Oswalt if this be with or without prejudice, Mayor Smoak advised that unless it is so stated in the motion, it is assumed it is with prej ud ice. The Mi nutes were then approved as _n:d~t.. Mayor Smoak advised the request for a Variance by Marvin and Thelma Jones had been withdrawn. Mr. George Narehood, spokesman for a group of abutting and adjoining residents to the Alvin Knight residence and the Williams Auto andflody Shop on lOth Street just north of Highway 50, appeared before Council and urged that steps be taken to eliminate and/or prevent unsanitary conditions existing, dogs running loose without control, speeding on 10th Street, unnecessary loud and sometimes profane language late at night, and the repairing of automobiles parked on street right-o-way, which they contend originate from the above mentioned properties. These matters were referred to the City Manager for his investigation and report back to Council. It was suggested that the Lake County Health Department be contacted also with regards investigati~ the complaint of unsanitary conditions existing. Mr. C. E. Duncan, Attorney representing William F. Baker, appeared before Council with regards Council's position that the agreement between the City and Mr. Baker of December 11, 1968, should be terminated. Though not fully documented by neither former Council nor Mr. Baker, it was the position of Mr. Duncan that the agreement of 12/11/68 was binding and should be honored by present Council. Mr. Duncan further suggested that his client was agreeable to negotiation in the matter and suggested that the city offer $500.00 annually for the remainder of the 20 year period to operate his irrigation system in lieu of the existing situation whereby the city has been standing total cost of fuel and maintenance. Council was not in full accord with this suggestion, and in order to conclude the matter with agreeable satisfaction to both parties, motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried that Mayor Smoak appoint a committee to meet with Mr. Baker and his representative in an effort to formulate an amiable compromise. Mayor Smoak and Councilman Blackburn voted, Naye, on passage of the motion. Mayor Smoak advised his vote would be in the negative inasmuch as he felt the city had completed all agreements with Mr. Baker as had been documented. Mayor Smoak appointed a committee of City Attorney Vason, City Manager Hopkins, and Councilman Oswalt as directed in the motion. " \ j . e e . MINUTES NQ 1124 Mr. Dave Crowson of Dawkins & Associates, Inc. consulting engineers, appeared before Council to give a current status report on the existing projects for which they have been engaged by Council to do for the city, and to elaborate on the many facets involved in such projects as well as the determination and basis of their engineering fees for same. It was the opinion of Mayor Smoak that there had been an increase in the engineering rates on current invoiced than had been agreed upon in the executed agreement of June 28, 1973, and Mr. Crowson agreed to investigate this matter. City Manager Hopkins had submitted a written report to Council previously, but just having immediately returned from the League of tities Meeting in Tallahassee, appeared before Council and gave a brief report on what he determined to be a very informational and beneficial meeting in that future prospects for more independence of municipalities to handle their own problems without the many legal ties of state directives, looked favorable in the forthcoming legislative session. With regards the status report received on the Seminole Well wherein it had been necessary to over run the l811 casing some 47 feet in order to find suitable formation that has been approximated at 180 feet and resulting in a cost increase of $9.50 per lineal foot, motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried, that this be the only reasonable alternative and thereby Council be in concurrence. Mayor Smoak and Councilman Oswalt voted, Naye, on passage of the motion ~~ regards the legal oplnlon received advising that the Administrative Procedures Act did not apply to the Florida municipalities necessitating agenda deadline and publishing of same, Council was in agreement with City Manager Hopkins to continue the policy in an effort to keep the public more fully aware of, and possibly generate more public interest of, the many considerations undertaken by Council in the operation of the municipality. In order to reduce publishing costs, it was suggested that the format of council meeting agenda publications be restricted to any special considerations to be made thereby deleting the regularly scheduled routine matters of Council. City Controller Fleming reported that the first payment of 1974 ad valorem tax monies had been received in the amount of $31,713.90. Councilman Oswlat, as a member of the Lakes Improvement Committee, reported there had been some possibility of committing the city on projects without full prior approval of Council, and that this certainly not being the intent of the committee, would welcome feelings of Council as to their direction. He further reported that the committee was very anxious to do something IIgoodll for water with the excellent help of Sandy Young of Biological Research Associates, and that it had been the committee, working through Mr. Young, that had picked the three lakes in the city that might be pilot projects. It was the opinion of Mayor Smoak, and Council was in agreement, that the 1974-75 budgeted amount of $l500.00 was to be utilized by the committee in their preliminary and initial studies of steps for improvement of the city's many lakes, but that in the utilization of these budgeted funds, that no firm committments nor actions of any kind be made without prior approval of Council. Mayor Smoak further suggested that Council make a prior determination as to direction for the Committee to take should the city be included in the 1120811 program for financial assistance. Councilman Shroedel, liaison representative to the Cooper Memorial Library Board, reported as follows: That a new set of by-laws for operation of the library had been formulated by Attorney Roy Caldwell and was available for distribution if desired; That necessary legal documents for the incorporation of the Cooper Memorial Library Association as a non-profit organization had been drawn; That bids for the proposed . e e . MINUTES NQ 1125 addition to the library had been received and awarded to the low bidder, Robert Drew @ a cost of $21,500.00 with a contemplated completion period of four months; That $l505.00 had been realized todate from the fund raising drive, and that a special summer program would be attempted by the library again this year, though it shall be without state financial assistance. Councilman Schroedel further reported on a complaint he had received with regards parking in front of private residences by persons utilizing the activities afforded at Kehlor Park. This matter was referred to City Manager Hopkins. Motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that the bills be paid. Councilman Oswalt offered and moved the adoption of a RESOLUTION with regards time and place of Public Hearing to be held concerning the sanitary sewer improvments to Minnehaha Estates. The motion was seconded by Councilman Blackburn and unanimously carried. The RESOLUTION was read by:xitle only, by Mayor Smoak and the Number 254 assi gned to it. With regards establishing a policy for tree maintenance, City Manager Hopkins was requested to formulate recommendations as to the cityls need and possible costs for such a program for discussion in workshop session on a later date. With regards requested renewal for lease of a city owned building by Landseair, the original having been executed in 1966, City Manager Hopkins was requested to submit suggestions and recommendations for possible development of a new lease to be more in accord with current costs and property rentals, for Council's consideration. With regards the site plan submitted for the proposed construction of a basketball court at Jaycee Beach, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried, that it be accepted and the City Manager be instructed to proceed with construction. Mayor Smoak requested that City Manager Hopkins furnish a construction schedule to Council. With regards appointed of a City Attorney to succeed Robert F. Vason, Jr. recently resigned, nominations of Leonard H. Baird, Jr. and Tom K. Doughtery were submitted. In open balloting on the two nominees, the results were: Leonard H. Baird, Jr. Councilman Schroedel Councilman Byrd Councilman Oswalt Mayor Smoak Tom K. Dougherty Councilman Blackburn Following this action, Robert F. Vason, Jr. vacated the seat of CityAttorne.va~d it was assumed by Leonard H. Baird, Jr. Expressions of~p-preciation for courtesies, cooperation, etc. were extended between Mr. Vason and Council, and Mr. Vason was presented with his nameplate from the Council table. Considerable discussion took place with regards a possible need for additional council meetings and/or work sessions each month, and it was final conclusion that each member of Council and the City Manager formulate his own ideas and suggestions for presentation in workshop session on Tuesday, March 18, 1975 in the Council Chambers at 7:30 P. M. With regards request of the Clermont Garden Club for the city to install an irrigation system in the yard at the garden cl ub facil ity, it was consenssstthat-:.:tbecti,1;Y,iwoidd be in error to expend ad valorem tax monies to benefit private organizations, such as the Garden Club is. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that this request be regretfully denied. Councilman Schrodel voted, Naye, on passage of the motion. With regards the land on which the Garden Club building is located, and which was popularly believed to be owned by the City of . e MINUTES e . NQ 1126 Clermont, it was reported to Council that thru error some several years ago, this property did then, and still does today, appear on the current tax roll as being owned by Lake County. City Attorney Baird was requested to research the legal ownership and report back to Council. With regards the deplorable condition of a private street located between East Montrose and East DeSoto, known as Freeman Lane, and regularly used for public purpose, it was the recommendation of City Manager Hopkins that Council obtain title to the street through quit-claim deeds from the owners in order that it might be imrpoved and have regular maintenance. He further reported the present owners have not assumed responsibility for the street maintenance inasmuch as it is regularly used for public purpose, and deterioration of same had been partially caused from water run-off from the dedicated street, DeSoto Street. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that City Manager Hopkins' recommendation be accepted and he be authorized to proceed with obtaining the necessary quit-claim deeds. Mayor Smoak adjourned the meeting at 11:00 P. M. W~M~ ~/ /;;AA~ Dolores W. Carroll, City lerk {!J~ Claude E. Smoak, Jr. Mayor