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08-12-1975 Regular Meeting . 'e e, . MINUTES REnULAR MEErlNJ Nt} 1171 A RegulW" Meet~ of the City Councu of the City of Clenoonti, was held 1n..the Councu Chambet's on 'l'uesday, August 12, ],975. The meeting was called to ordet' at 7:30 P.M. by Mayor Claude E. SImk, Jr. with the foll~ members pt"esent: Councilmen Byrd,Oswalt, Schroedel, ani Blackbum. Otbet' officials pt"esent were: City Manager Hopkins, City Attorney Ba1rd, City Clet'k Carroll, City Controllet' F1~, R]11d1ng Official Nagel, ani Chief' of,,'Police Tymal. Othet's tresent Ere: Mto. ani Mtos. M. F. Noffs1nget', Mto. ani Mtos. Marv1n Styles, ani the Messrs. Jones, Haml1n, Iblb, ani Wood. A representative of the Sentinel/Star was also present. The invocation was given by Counc1Jman~, follO\8i by repeating of the Pledge of Allegiance in unison by tmse present. The M11n1tes of the Meet1ng held July 22, 1975 Ere approved as written. Mto. Charles W. Jones appeared before Councu in support of his previously writt~ request sulIn1tted for permission to construct a dock ani boathouse on city omed property ly1ng between lake"'8mre Ik'ive ani Iake W1rona adjacent to his pt"Operty at 625 Iake Share Ik'ive. Inquiry 'was ma,de of City Attorney Bajrd as to the legality of grant1ng such permission. It was the op1n1on of City Attorney Ba.1rd tlat propet" procedure to allow such request would be for Councu to vacate the portion of Iake ' Share Dtoive right-of-way in the entire area, not'restricting such action to a portion which would accamdate Mto. Jones only. Mayor Sneak advised Mto. Jones tlat l1L1IDSl'OUS easements anVor leases had been gmnted ovet' previous years by the city for such l1ke requests, but that the legality of such city action had been questioned ani todate had not been resolved. Mayor Snoak 1nqu1red of MI:'. Ba1rd as to any altema.tive that Councu might have at "this point ani t:Jme" to cons1det' Mto. Jones request, to which he replied, "The only alternative that I can see is to pt"OCeed in the IlBlllleI' you had agt'eed to proceed on Iake Share Ik'ive back at the em of '74- dete:m11ne whether or not it is in the public's intet'est to close that portion of street arourKi Iake Winona. ani actually close/vacate the r1ght-o-way-tlat is the only,. possible approach that I can see ani still be within lesU grounis." It was the op1n1on of Mayor Sooak "tlat sane way could be foum to accamdate Mto. Jones request ani be legal in the framewm'k of state statutes ani city chartet' - receive a cons1deration fran the petitioner for the service which the city is go1ng to give to h:1m - that there is a procedure that' Mto. Ba1rd could wat'k out tlat would meet the requ:1rements necessary", ani tbet'eupon entertained a mtion for sane sort of action, if it be Council's desire to do so. It was brought to Council's attention by City Manager Hopk:lns tlat Street r1ght-o-way on Crystal IB.ke, on Iake Shore Ik'ive to the east am on the mrth side of IB.ke W1rona, parallels (or is the same as) the watet's edge, but in this particular case it is reflected on the tax roll as a description of property tlat is mt 1ni1cated on the map as be1ng part of the street r1ght-o-way, am tbet'eby it appears tlat this propet'ty is very diffet'ent f'ran the street r1ght-o-way ani not a part of it. MI:'. Ba.1rd agt'eed tlat this was very possible, tlat he had mt looked at the plat ani determ1ned the property to be a dedicated street, tlat he had assumed so. It was the op1n1on of Counc1Jman Blackburn tlat additional research was needed in this case as well as cons1deration given to tmse pet"sons laving pt"ev1ously held leases/easements which have expired am mt been renewed, ani he thereupon DDved tlat this request be tabled until a latet' date, untU the problems can be researched, ani the motion was seconded by Councilman Oswalt ani carried. Mayor &noak voted in opposition to the motion "only because we laven't given the gentlerran an 1ni1cation of where we starn." Messrs. Hamlin ani Doub of TelepI-cwptet', me. appeared before Council in support of their pt"ev1ous request for a rate increase a:rtet' laving su.l:m1.tted a cose accounting for the City of ClerDD'lt, as requested on July 22m. Council d1d not feel the report as sutm1tted, "isolated" metropolitan Clerm:mt with respect to expeni1tures am revemes ani wtat effect is expected with the des1red rate 1ncrease, in relation to the other ex1st:!Dg "subsystems" of the systEm as Wintet' Garden, Apopka, St. Cloud,etc. . e e . MINUTES Nt} 1172 Mto. Haml1n op1r1ed that it was a "ba.1ance sheet" for the City of ClemDnt, isolated as IILlCh as possible, tlBt Council desired, ani tlBt in lieu of ta.k1ng a vote with a possible nesative reaction, he would make every effort to obta.1n this 1nf'orrration ani sulm1t at the meeting to be held on August 26th. M:>tion was made by Counc:1lman Oswalt. secorxied by Counc1Jman Bl.aclcburn ani carried tlBt the uattet' be postponed for two weeks. City ~ Hopldns subD1tted his report both orally am written, ani a copy is attached hereto. Miyor SImk appointed Mtos. Ruth Alice Ray ani Counc1Jman Ben Blackburn to serve on the Cletm:)nt-M1meola City/roonty Pla.m1rJg CDrmLttee. Mayor SrDak 1Dlu1red of City Managet' Hopldns as to the delay of the bond validation for the watet' :!mprovements and sanitary sewer extens1al to M1meha.hB. Estates. MI:'. lbpldns advised tlBt he had a meet~ scheduled with Mto. Vason on Wednesday r~ the mattet', tlBt he was expmoienc1l:8 sane diffiCulty with the bond attorneys in Jacksonv1lle in tlBt they were not pt"OCeed1ng with the IIBttet' as expeditiously as desired, ani he would be in contact with Farmers Harle in Gainesville r~ this uattet' as soon as possible. He further reported tlBt Mto. Crowson would be on next meeting's agema to give Council an uptodate report on the eng1.rJeet'ing status, ani that he would be happy to 1nvite Mto. Vason to appear also to report on the f1rBncial status. Mayor Sooak reported he had been advised the meeting between the lBaglre of Cities Carm1ttee ani the Board of County Carm1ss1oners had been a successf\1l one, ani tlBt the cities were invited to pt"esent the needs of their ccmmm:1ties to the Carm1ssion. He asked that City Managet' Hopldns f\1rnish Council with a report of what he felt were inequities existing, for their perusal ani cons1deration at a worksb)p session to be called. Mayor SrIoak announced the next order of business to be the cons1det'ation of the street ~t request as made by Ibn M. MJCaffrey. Mto. McCa.f'frey was unable to be pt"esent in support of his request, mwevet' there was a group of pt"opet'ty owners tlBt would be affected tlBt were pt"esent in opposition to the request, ani Council was in receipt of sevet'al petitions in opposition to the street being 1mproved. Inquiry was made of City Attorney Ba.:1rd as to the city's legal position in the uattet' with ~ the carmitt- ment to Mto. McCa.f'frey by a fanner City ~ tlBt the street would be :fmpt'oved ani by a cet'ta1n date. Attorney Ba1rd op1r1ed tlBt the city is not bourn by any negog1ations that were entet'ed into with Mto. McCaffrey based upon the general law tlBt a city can- not contract with ~ the open1.rlJ ani construction of a street except by council action, ani is also covet'ed by particular points of law as to the necessities of travel ect. ani each street cons1det'ed on its own m.et'its, ani if opened, authorization c~ rran regular Ord1nance pt"ocedure by the City Council. He f'urther OP1r1ed bJwevet', that the city could be forced to pay an adequate consideration for the property which he deeded to the city. It was consensus of Council that there was m need existing tor the street, but it was also consensus tlBt a reasonable cons1deration should be given ftto. MJCa.:f'frey for the property deeded by h:1m. fJbtion was made by Counc1Jman Byrd tlBt Clty,J!1ansger '~!t)I>k1ns be instructed to 1nf'arm ftto. McCaffrey tlBt Coumu sees m necessity for construct:mg the street. ani instruct ftto. Hopldns to negog1ate with ftto. MJCa.:f'frey in an attempt to reach a mu.tually satisfactory f1gure whereby the mttet' can be settled. ani bring that f1gure back to CXnmcil for cons1det'ation. '!he mtion was secorJied by Counc1Jma.n Sehroedel ani carried. Inquiry was made of Marvin Styles as to the IB.ke County Semel Board's decision with regards cet'ta1n 1nf'orrration asked of them ~ to use am costs of the tennis courts located at the elementary scmel. Mto. Styles advised the IIBttet', to his kn0w- ledge, had mt been pt"esented to the Board, but he agt'eed to present it to them at their next meeting to be held on August 25th am reply back to Council. City Clet'k Carroll read a camun1cation tran MI:'. C. A. Benedict, District Fng1neer of the oor whErein he acknowledged receipt of the city's resolution regarding the proposed . e e . MINUTES Nt} 1173 locations of watet' dra1nage bas1ns along state Road # 50, ani expressed app:tec1ation for Council's prcnpt action in the mattet'. lebtion was made by Councilman Sehroedel. seconied by Counc1Jman Byrd ani carried tlBt the bills be pa1d. Counc1Jman Oswalt offet'ed ani moved the adoption of AN 0RDINAlQ: U1UR THE rolE OF ~ OF rmE ClTf OF CImmr. IAKE COUNrf. FWRIDA. AMENDOO ARrICIE m cp APPENDIX A OF rmE CODE CP CJIDmANCES: DEFINnG YARD. FRan' YARD. SIIE YARD. AND REAR YARD: REPEALOO ALL ORDINAlQ'S IN CONFLIal' HERE.Wl'IH: PROVIDOO FCR SEVERABILl'l'!: PRO\1]])OO AN l!;llll'Wl'J.'iE DATE: AND PR)V]J)OO FOR PUBLICATICIl ani the motion was ' seconied by CouncilDBn Blackburn. The ORDINANCE lU reM fer a se&xii am f'niU reading by City Clerk Carroll, by title only, ani upon roll call vote on passage of the mtion the result was: ,Ayes: Blackburn, Sehroedel, Byrd, Oswalt, ani Sooak. Total Ayes: Five. Hayes: None. So the ORDINANCE was adopted ani the Number 135-0 assigned to it. Counc1Jman Oswalt offet'ed ani llDVed the ion of AN ORDINANCE UNIER THE CODE OF THE CITY CImmr IAKE COUNl'! FUlRlDA AMENDOO SEOl'ION OF THE CJIDINANCES: rmE SAIE AIroHOLIC BE.VE1WB3: REPEALOO ALL ORDINAlQ'S IN OONFLIal' HERE.Wl'IH: PRO\1]])OO FeE SE.VERABILITY: PRO\1]])OO AN mr.1l'Wl'J.'iE DA'IE: AND PR)V]J)OO FOR PUBLICATION ani the mtion was seconded by Counc1Jman Blaekburn. The ORDINANCE was read for a second ani f1nal rea.d1ng by City Clet'k Carroll, by title only, am upon roll call vote on plssage of the IOOtion the result was: Ayes: Oswalt, Schroedel, Blackburn, ani Sooak. Total Ayes: Four. Hayes: Byrd. So the CJIDINANCE was adopted ani the lbDber l3~ assigned to it. Counc1Jman Oswalt 1ntroduced AN ORDINANCE UNIER THE CODE OF am~ OF rmE cm OF CIEEM:>NI', IAKE COUNrf, FWRIDA, AMENDOO rmE OFFICIAL ZONOO MAP OF THE CITY OF CImmr FLaUDA, ~~ 'lO IN ~l'~ 26-1 OF APPENDIX A OF rmE CODE OF ORDINAl'aS: R:EZC>NOO THE REAL PK>PERfi DESCRIBED HEREIN FRa4 R-l-A ZONOO CLASSIFICATICIl 'lO C-2zamIJ CLASS- IFICATION: REPEAI.Jm ALL 0RDINANCE'8 IN cbNFLIal' HEREWITH: ;eR>VIDDD FeE SEVERABILI'fi':' PR.OVIDIm AN EFFE'DrIVE DATE: AND PROVIDOO Fm PUBLICATION ani the ORDINANCE was read for a first reading by City Clet'k Carroll, by title only. Counc1Jman Oswalt introduced AN ORDINANCE UNDER THE CODE OF amnwa:a OF rmE CITY OF CIEfMJfl', LAKE COUNrf, FIORIDA, AMENDOO THE OFFICIAL ZONOO MAP OF THE CITY OF CImmr, FI.am>A, HEJ:I~ 'lO IN SEOl'ION 26-1 OF APPENDIX A OF THE COlE (Ii' CJIDINAl'aS: REZONOO rmE REAL PK>PERrY DESCRIBED HEREIN FRa4 R-l-A ZONOO CLASSIFICATICIl 'lO M-l ZONOO CLASSIFICATION: REPEAI.Jm ALL ORDINAl'aS IN CONFLIal' HEREWITH: PR.OVIDIm FeE. SEVERABILIT! PHJ\TI1iIDD AN EFFE'DrIVE DATE: AND PRJVIDOO FOR PUBLICATION ani the ORDlNAla: was read for a first reading by City Clet'k Carroll, by title only. With regards request of R. W. Watet's, Cha.1n:Dan Bi-Centenn1al CDrm1ttee, for a bi- centenn1al proj ect contribution by the city of a location, DDrunent ani plaque to mld a t1me capsule of local mem:rabil1a, the mattet' was referred to City Manager Hopk1ns for his recarmermtions regard1ng site, est:1ma.ted coses, ect. With r~s proposal received fraIl Richard J. ClImJbe[tla1n of Revet'e Corporation to evaluate the City's 1nsurance needs ani covmoage, pt"epare specifications for b1d, receive am ana.J.yze the b1ds at a cost of $500.00, mtion was made by Counc1Jma.n Oswalt, seconded by Councilman Byrd am carried tlBt this proposal be accepted contingent upon approval by City Manager Hopldns of Mto. Chamberla1n's 1nsurance qua1icications. With regards the "Position Papet"" developed jointly by the City Council ani the ~ am Zo~ Carm1ssion :f'ran the proposed Iake County Canprehensive Plan, mtion was made by Counc1JJrBn Byrd, seconded by Councilman Oswalt ani carried, tlBt it ~e for- warded to the Clerm:mt-M:lnneola City/County Plann1ng Carmittee for the1r ccmnent pt"ior to subn1ssion to the Board of County Carm1.ssiomrs. - , . e e e MINUTES Nt} 1174 With regards ~tion of City lt1a.nagE![' It>Pk1ns ani Chief' of Police 'lYmal to rElllWe the traf'f1.c s1gnal at Bth and M>ntrose Streets am replace it with stop signs. motion was made by Counc1Jma.n Oswalt. seconded by Coum1JDian B.vrd and carried tlBt the recaiIr1emation be accepted. Mfo. Hopk1ns advised they would place the existing trat'f'1c signal on flash1zJg for a 30 day trial pmoiod first. With regard Bob Wade's request for amexation to the city of his Dl'ODe.d,y' abutt:lM the east city l:bD1ts. south of State Road 50. mtion was made by Councilman B.vrd. secorded by Counc1Jman Scl1roedel am carried tlBt City Attorney Ba1rd be 1nstructed to obtain the necessary mtarized petition. conduct a title search of the ~y and preJBre the necessary legal. documents to protect the city. In ordet' to correct problems 1n the des:1gn of the Wet ani percolation system, and to provide for overflow accanodat1ons at the Seventh :D:ly Adventist Cb1rch, permission was requested to cross a city park with the ovErflow line 1n ordet' to intet'Cept an ex1st~ city storm sewer line. M>tion was made by Coum1Jma.n Byrd. seconded by Counc1JJran Oswalt ani aa.rried that PEmD1ssion be granted. CeM;1f'1cation of It'Hllage ani Taxable Value for 1975 was received tran Ik>nald E. Stephens, IB.ke County 'lax AsSesBCr I 5.12 mills. M>tion was made by Counc1Jma.n Blackburn and seconded by Counc1lma.n Sehroedel that this ~e be accepted and the mll lege be set at 5.12. Upcm. vote of the motion, the Ayes Wet'e: Blackburn ani Schroedel. Hayes Wet'e: ~,Snoak, and Oswalt. '!he It'btion f'a1led:;.to carry. 0.00 be 1ncluded 1n the The meeting was adjourned by Mayor Sooak at 10:35 P.M. .....l!~~~~ Claude "E. .oa, "r., ayor ,(\ ~ AI~~ lt~ d J!J. ~e. . arr~ity Clerk