07-15-1975 Regular Meeting
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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.
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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.
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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