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05-13-1975 Regular Meeting . e e . MINUTES NQ 1141 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 13, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Blackburn, Byrd, and Oswalt. Other officials present were: City Controller Fleming, City Clerk Carroll, City Attorney Baird, City Manager Hopkins, Director of Community Services Smythe, and Chief of Police Tyndal. Others present were: Mrs. Leroy Benson and the Messrs. Czech, Williams, Cunningham, Foris, Bryan, Logan and Smith. Representatives of the Sentinel/Star and the Daily Commercial 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 April 22, 1975 were approved as written. Mayor Smoak announced the first order of busi'ness to be Public Hearings to consider the fo 11 owi ng: Request by Konsler Steel Company, Inc. for a Variance to Section 26-27 (D) (e) (3) (SIGNS IN AN M2Z0NE) of the Zoning Ordinance in order to allow for a Wall Sign on their existing building located in Block 124 of Sunset Park Subdivision. Mr. / Bill Williams, President of Konsler Steel Company, Inc. appeared before Councll~tn behalf of this request, and upon inquiry by Mayor Smoak, there was no one present who voicedbbjection to it. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried unanimously that the request be granted. Request by Thomas Logan of Clermont Marine Sales for Variances to Section 26-25 (D) (e) (3) and Section 26-25 (D) Ie) (6) (SIGNS IN A C2 ZONE) in order to construct a roof sign and a front wall sign on his existing building located in Section 30-22-26 (857 Minnehaha Avenue). Mr. Logan appeared before Council in behalf of his request, and upon inquiry by Mayor Smoak, there was no one present who voiced objection. to it. Motion was made by Councilman Oswalt, seconded by Councilman Byrd and unanimously carried that the request be granted. Request by Leroy Benson for a Variance to Section 26-22 (E) (2) (SIDE YARD SETBACKS IN AN R2 ZONE) to allow for a paved driveway and construction of a carport in the future, on their property described as Lot 16 in Block 1 of Woodlawn Subdivision. Mrs. Leroy Benson appeared before Council in behalf of the request, and upon inquiry by Mayor Smoak, there was no one present who voiced objection to the request. Motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that the request be granted. Request by H. A. Ross Construction Company for a Variance to Section 26-79 (TEMPORARY CONSTRUCTION SIGNS) to allow for a construction sign on their property described as Lot 20 in Block B of Edgewood Place Subdivision. Mr. Forbis, representative of H. A. Ross Construction Company appeared before Council in behalf of the request, and upon inquiry by Mayor Smoak, there was no one present who voiced objection to it. Motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried that the request be granted with a one year limitation. It was the opinion of Mayor Smoak, that due to the large number of recent requests for variances to the existing Sign Ordinance, it would behoove Council to review and study the existing Ordinance for possible amendments, and with consensus of Council he requested that this matter be placed on the agenda for the meeting to be held on May 20, 1975. Mayor Smoak introduced Mr. Tony Bryan, representative of the Florida DOT, who presented the DOT's plans for containing run-off and on-point pollution on the proposed expansion of Highway #50 thru the city, such plans exhibiting open borrow pits with over-flow pipes emptying into the lakes along the route, and with which . e e . MrnUT~ NQ1142 Council was not in agreement, at least at this first sighting of the preliminary plans. Upon inquiry by Mayor Smoak as to course of action Council might take to oppose such a plan as submitted, he was advised it should be through the Lake County Pollution Control Board to the Lake County Board of Commissioners. It was consensus of Council that City Manager Hopkins contact the Lake County Pollution Control Board to obtain their feelings and additional information regarding the plan as proposed, and report back to Council. Mr. John Wayne Smith appeared before Council to advise of his interest in establishing a..taxi service in the city. Mr. Smith was advised of the application and requirements necessary for such a service that must be submitted prior to consideration by Council. Mr. Smith thereupon advised he would attempt to have the necessary application ready for Council's consideration at the next meeting. City Manager Hopkins submitted his report both orally and written, and a copy is attached hereto. With regards recommendation of City Manager Hopkins that Planning and Zoning Commission member, Mrs. Jane Wilkins, be reimbursed the $30.00 registration fee for the recently completed Land Use and Zoning Course which she attended at Lake Sumter Community College, motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously carried that the reimbursement be made. City Attorney Baird reported that former City Attorney Vason had forwarded information regarding status of the seven remaining parcels in the city on which the city had failed to obtain necessary sanitary sewer easements, and on which condemnation pro- ceedings had been instigated by him, and he inquired of Council if it be their desire for him to proceed in the finalization process. It was the understanding of Council that in the authorization given for Mr. Vason to continue to serve in the capacity of City Attorney through any bond issues for sanitary sewer improvements inasmuch as he was already familiar and had pertinent information regarding same, that he was also to conclude the finalization of obtaining all necessary easements. Inasmuch as this work needed to be completed and a three year period had already lapsed, motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously carried that City Attorney Baird be authorized to proceed in the obtaining of the final seven sewer easements. Mayor Smoak reported as follows: That copies of a Comprehensive Development Plan for unincorporated Lake County as proposed by the King Helie Planning Group had been made available to Council, and he encouraged them to study the plan for discussion at the next meeting. He further reported that a local public workshop regarding this plan would be held in Jenkins Auditorium on May 29th at 7:00 P. M.; That based on the cost figures for just the power usage to spray irrigate what is presently being utilized for that purpose, and with the ever increasing rate increases, to expand the process into the larger spray application area that the Lake County Department of Pollution Control wishes the city to get into, it would be very conceivable that such cost would increase to as much as an additional $50,000 per year just for spray irrigation; That he had received a reminder from James Watkins that financial disclosures must be filed by noon on May 15th; That in a communication from the Regional Planning Council wherein they had approved the formation of a 208 area wide planning and advisory committee, the City of Clermont was invited to participate on that committee. It was the suggestion of Mayor Smoak, and Council was in agreement, that Mr. Sanford Young and Councilman Oswalt, present members of the Lakes Improvement Committee, be appointed to serve; That he had received a communication from Mr. William GibQ inquiring of the necessity for the 25 mph speed limit on South Lake Shore Drive all the way to the city limits, and Chief Tyndal advised this was under the control of the DOT, and, That he would be in favor of amending the existing City Curfew Ordinance from persons under 17 years of age and 11:00 P.M. to under l6 years of age and 12:00 midnight, and thereupon requested that City Attorney Baird prepare such an amendment for Councills consideration. . e e . MINUTES NQ 1143 Councilman Byrd reported he had had only a single response thus far from a local Attorney with regards his willingness to serve as the City's Public Defender on a rotating basis at least for an interim period, and he was requested to continue a canvass of the other local attorneys, which he agreed to do. Councilman Byrd further reported he felt Council should adopt, policy guidelines:' for the determination of whether or not a defendant qualified to be represented by a Public Defender, and City Attorney Baird agreed to provide Council with samples as used by the Lake County Legal Aid Society. City Clerk Carroll read a communication from TelePrompter Cable TV wherein they requested return of the $50,000.00 performance bond for IIsubstantial constructionll of a Cable TV system prior to a specified date, which they had posted with the City inasmuch as they felt they had fully complied, and City Manager Hopkins was in agreement with this. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and unanimously carried that the performance bond be released. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously carried. that the bills be paid. Councilman Blackburn 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-l-A ZONING CLASSIFICATION TO C-2 ZONING CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFICT 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 Mayor Smoak. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EQUALIZING SPECIAL SEWER ASSESSMENTS, LEVYING THE SAME AS ASSESSMENTS AGAINST THE RESPECTIVE PROPERTIES: DIRECTING THE CITY CLERK TO RECORD THE ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK, ESTABLISHING THE PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Byrd. The ORDINANCE was read for a second and final reading, by title only, by City Clerk Carroll, and upon roll call vote on passage of the motion the result was: Ayes: Blackburn, Byrd, Oswalt, and Smoak. Total Ayes: Fourj Nayes: None. Absent: Schroedel. So the ORDINANCE was adopted and the number 74-M assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF OSCEOLA STREET DESCRIBED HEREIN, 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: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Byrd. The ORDINANCE was read for a second and final reading, by title only, by City Clerk Carroll, and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Byrd, Blackburn, and Smoak. Total Ayes: Four. Nayes: None. Absent: Schroedel. So the ORDINANCE was adopted and the Number 75-M assigned to it. A budget status review at the end of six months period was submitted by City Manager Hopkins for Council IS consideration and discussion. A copy is attached hereto. . e e . MINUTES NQ 1144 City Manager Hopkins reported on bids received for the maintenance of the City's air conditioning and heating equipment for a period of sixteen months, beginning June 1, 1975 as follows: Wood True Temp LABOR RATE Periodic Maintenance Repairs $130.00/Month 15.00/Hour $ 192.00/Month 16.00/Hours * REFRIGERANT Type/Cost per lb. R-22/2.00 R-12/2.07 R-22/3.21 R-500/2.54 * Overtime @ $24.00 It was the recommendation of City Manager Hopkins that the low bid of Wood be accepted, whereupon motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously carried that the recommendation of the City Manager be accepted and the bid be awarded to Wood. City Manager Hopkins submitted a report on revenue sharing monies to be received $ 56,695.00 for the period of July 1, 1975 thru June 30, 1976 along with a time schedule for resolving, publishing, and filing of a Planned Use Report of these funds in order to comply with the State and Local Fiscal Assistance Act of 1972. The meeting was adjourned by Mayor Smoak at 9:45 P. M. at~ Claude E. Smoak, Jr., Mayor J;rO""t..L ~L (;~ Do ores W. Carroll, City erk