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07-15-1975 Regular Meeting .. e e e MINUTES NQ1166 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, July 15, 1975. 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, Schroedel, and Blackburn. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, City Controller Fleming, Director of Community Services, Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: Mesdames Ray, Millikin, Sheldon, Walker, Oswalt; Mr. and Mrs. William Wilkins, and the Messrs. Czech, Sargent, Cunni ngham, Wi 11 i ams, and Dougherty. A Ylepresentat'i:ve'=of-. the 'Sentin~1tSt;ar _:wa~ . ~ 1 so present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. There was an addition to the Minutes of the Meeting held July 8, 1975 as follows: Mayor Smoak spoke in favor of all three of the requests as made by the Library Board, and had voted Naye on the motion made by Councilman Blackburn because he thought authorization should have been granted for making an entrance for off-street parking at that time. The Minutes were then approved as amended. City Manager Hopkins reported as follows: That in correspondence with the Department of Natural Resources regarding the cityls grant application filed with them con- cerning the swimming pier he had been advised he should have some information back from them in about three or four weeks, and, That following Council action on July 8th wherein authorization was given to purchase the necessary paint and have city crews paint the new addition to the Library, he had received a request'fnom Mr. Richard J. Klaas to paint the entire library building for $420.00. Council inquired if this offer included proper sealing, painting of the trim, use of a first class masonry paint, etc. and City Manager Hopkins advised he assumed so, but did not have anything in writing. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that the City Manager be instructed to accept the offer of Mr. Klaas in lieu of the action taken by Council on July 8th, making sure that the necessary safeguards are included to do a good job. Councilman Blackburn voted, Naye, on passage of the motion. City Attorney Baird reported he had been advised by Mr. Bryan of the DOT that they were in need of a Resolution from the city designatin9 that the proposed site for one of the drainage basin locations (Sunset Lake area) is not now being used as a park nor will it be in the future, in order to continue receiving funds from state and federal sources. Motion was made by Councilman Schroedel, seconded by Councilman Blackburn and carried that City Attorney" Baird prepare such a Resolution. Mayor Smoak asked that Council, in their 75-76 General Fund Budget Consideration, consider the inclusion of a $500.00 appropriation for a tree planting program, which has been previously discussed and which is in support of a recommendation made a couple of years before by Councilman Schroedel to start a city nursery at the treatment plant site, utilizing the spray irrigation located there. Councilman Schroedel reported briefly on his recent attendance of the Cooper Memorial Library Board meeting wherein it was reported the book circulation had doubled in June as compared to June of a year ago, and that the current summer program being offered was very successful with large numbers of children in attendance. Councilman Schroedel inquired if any further word had been received regarding the property on which the Garden Club is located as being owned by Lake County when it had been assumed to be owned by the city, and City Attorney Baird advised he had not been contacted as yet by the County Attorney who was to investigate the matter and report back, but that he would again contact him. . '. e e . MINUTES NQ 1167 Councilman Byrd inquired if any information had been forwarded by the School Board on the tennis courts located at the Elementary School, and City Manager Hopkins reported he had received nothing in writing todate. Upon City Manager Hopkins submitting' a.'drawing oLthe annexed property to Council showing locations of existing buildings, it was determined there was insufficient space to be of any benefit to rezone a portion of this area M:-l as...:previC).usly-desired, whereupon motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that City Attorney Baird be instructed to prepare the necessary ordinance to rezone the annexed pro~erty south of Hook Street to the southern city limits, excepting the portion in thlS area already rezoned, to C-2 zoning. City Manager Hopkins submitted a preliminary feasibility report and estimated costs for servicing the Bob Wade property, located abutting the east city limits south of State Road 50, with water and sanitary sewer should it be annexed to the city. The report reflected that water service could be extended at a reasonable cost to Bob Wade ($1980.00) with work being done by city forces and using asbestos cement pipe already in stock, but that it was not recommended to provide sanitary sewer service at this time because of the cost of capital improvements, the type of facility that would be utilizing the service once it was in, and the amount of user fees that would be generated by that service, with the initial approximate cost for providing this service @ $42,400.00. Mr. Hopkins advised this report had been discussed with Mr. Wade, and he appeared to be in agreement with the recommendations. Mayor Smoak advised he had met with Mr. Wade concerning this matter and he had advised he would not be interested in the sewer service because of its exceptionally high cost with no other users at this time to share in the initial capital investment, but iS$finitely interested in the water service and being annexed to the city. Mayor Smoak suggested to Mr. Wade that Council would probably consider it in those views, and that if his property was annexed, that there would be some written agreement from Council to him to the extent that he would not be furnished with a sanitary sewer service for x number of years, that, in essence, the sewer service is not a condition upon annexation, that Mr. Wade is interested primarily in fire - police protection and water service and feels that he and the city can come to an agreement for these services based on the figures submitted in Mr. Hopkins' report. Mayor Smoak felt that it would be in order, if Council so desired, to authorize the City Manager to meet with Mr. Wade and develop a proposal to present to Council so that the city will have protection as far as state law is concerned to meet the requirements of annexation and that Mr. Wade has a clear-cut understanding that sewer services will not be furnished to him in the near future, that he felt the City Manager and Mr. Wade could work out an agreement between the city and Mr. Wade that would be agreeable to Mr. Wade and advantageous to the city. Motion was made by Councilman Byrd that City Manager Hopkins be directed to pursue this matter with Mr. Wade according to the recommendations enumerated by Mayor Smoak. The motion was seconded by Councilman Oswalt and carried. Council discussed at length the legal position of the city as submitted by City Attorney Baird with regards the Baker-City Lease Agreement. Motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried that City Attorney Baird notif Mr. Baker that the cit wishes to continue the lease a reement, billin Mr. Baker for 200.00 annually for use of the well and the city remitting OO~;OO to to Mr. Baker annually for lease of the well, according to the terms of the Lease Agreement, but that the city would no longer be responsible for fuel and maintenance costs and the existing fuel tank would be removed. Councilman Blackburn and Schroedel voted, Naye, on passage of the motion. City Manager Hopkins submitted a list of the city.s delinquent lot mowing accounts and recommended it be given to the City Attorney for collection. City Attorney Baird recommended that a primary attempt for recovery be made via letter, with the alternative being to file claims in the County Small Claims Court. Motion was made by Councilman Oswalt, seconded by Councilman Schroedel and carried that these recommendations be accepted and the matter be referred to City Attorney Baird for action. . e e e . MINUTES NQ116B Inasmuch as all of Council was not familiar with the proposed general rules for the city fire department as developed by Fire Chief Smythe, motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried that this matter be tabled until the next regular meeting. With regards an obligation made by a former City Manager in 1969 to Don M. McCaffrey wherein property deeded to the city by Mr. McCaffrey would be reserved as street right-of-way and improved and/or a street constructed at a later date with no expense to Mr. McCaffrey in lieu of granting an easement for sanitary sewer construction, City Manager Hopkins advised Mr. McCaffrey had requested that the improvements be made. City Attorney Baird was requested to investigate the matter to determine the city's legal obligation and standing and report back to Council,and, City Manager Hopkins was requested to formulate an approximate cost for such a capital improvement. With regards City Manager Hopkins' report that the South Lake Press building could only be served with sanitary sewer by an easement across private property abutting on the south, and that the city had been unsuccessful in attempts to obtain such an easement, motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that the matter be referred to City Attorney Baird for whatever action is necessary to obtain the necessary easement. The meeting was adjourned at 9:00 P. M. by Mayor Smoak. t!I iu~~:Jk Claude E: Smoak, Jr., Mayor Dolores W. Carroll, City Clerk