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09-23-1975 Regular Meeting . e e . MINUTES NQ 1187 REGULAR MEETING A Regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, September 23, 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, Schroedel, Byrd, and Oswalt. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndal. Others present were: The Messrs. Brown, Jones, Czech, and Doughterty. 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 September 16, 1975 were approved. Inasmuch as notes recotded of council meetings were subject to revision, additions and/or deletions, and were not official records of the city until approved by Council at the following meeting, Mayor Smoak inquired of Council if it might be in the best interest to restrict publication of such notes until ~uch time as they are official. Though all council meetings are open to the general public and any interested person encouraged to attend, it was final consensus of Council that it would be unfair to withhold information of council meetings to the general public via publication for such length of time between meetings. Mayor Smoak announced the first order of business to be for City Council, sitting as the Housing Board of Adjustments and Appeal, to consider an appeal by Mrs. Margie Bedsole for an extension of time in which to eliminate existing violations to the Housing Code, as notified by the Building Official, on her property located at 872 Minneola Avenue. Upon inquiry of Mayor Smoak, there was no one present who voiced objection to the request from the floor, whereupon motion was made by Councilman Byrd~ seconded by Councilman Schroedel and carried that an extension of 60 days from this date be granted. Mayor Smoak announced the next order of business to be a public hearing to consider re-zoning of the property annexed to the city in 1972 located east of Highway #27 and south from State Road #50 to the southern city limits, not previously re-zoned from requests of property owners, from the existing R1A zoning to C-2 and M-l zoning, as recommended by the Planning and Zoning Commission following public hearing on the matter held by them. Upon inquiry of Mayor Smoak, there was no one present from the floor who voiced objected to the request, whereupon motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that the recommendation of the P&Z Commission be accepted and the City Attorney be instructed to prepare the necessary ordinances. City Manager Hopkins submitted his report, both orally and written, and a copy is attached hereto. With regards recommendation of City Manager Hopkins that Dawkins & Associates, Inc. be authorized to perform certain additional work on the proposed sanitary sewer system for Minnehaha Estates and thereupon be able to represent the city in their assessment bond validation hearing to be held on November 4th, and at an estimated cost for such work in the amount of $1,000.00, motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried, that this recommendation be accepted. With regards recommendation of the City Manager that a Special Meeting of Council be called in order to consider bids for the city's insurance needs following the bid deadline date of 2:00 P. M. on September 25th, Mayor Smoak called a Special Meeting to be held on Monday, September 29, 1975 at 7:00 P. M. in the Council Chambers to consider the insurance bids and the proposed changes to the zoning ordinance as recommended by the P & Z Commission at their meeting held on September 2nd. It was the desire of Council that all members of the P & Z Commission, and especially the chairmen of the various subcommittees, be encouraged to attend this meeting in order . e e . MINUTES NQ1188 to apprise Council of the feelings and reasoning held by them in support of their recommendations for change. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the bills be paid. With regards the report of City Manager Hopkins that a quit claim deed from Konsler Steel Corporation on the W 40' of Lots 21 and 22 in Block 112 of Sunset Park on which a street was constructed by them as per condition of the city closing a portion of Juniata Street, had never been executed, and his recommendation that the City Attorney be requested to prepare such necessary document for execution, motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried, that this recommendation be accepted. As instructed by Council on September 16th, City Attorney Baird prepared a Lease Agreement from the city to Charles B. Jones for use of city owned property on the east shore of Lake Winona adjacent to his residence on Lake Shore Drive to construct a boathouse and dock. Councilman Blackburn reiterated his previously stated opinion wherein he felt such action to be inequitable, not only to the persons who have requested lease/easement renewals and on which Council has taken no action, but to all property owners in the city with regards any city owned property, be it a portion of street right-o-way or not, and thereby could not support such action by Council in any way. Councilman Blackburn further opined that the fee of $1.00 per year as contained in the lease was far less than an adequate monetary consideration as had been previously recommended by the City Attorney. Motion was made by Councilman Byrd, seconded by Councilman Oswalt add carried that Mayor Smoak be authorized to execute the Lease Agreement contingent upon City Attorney Baird including the following amendments to it: That it be written to show intent of Council to protect the upland property owner; That upon sale of the adjacent property by the lessee, the lease becomes null and void; and, That roof of liabilit insurance covera e up to 100,000 be furnished to the city. Councilman Blackburn voted Naye on passage of the motion Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION C OF SECTION 5 of ORDINANCE NO. 57-M; ESTABLISHING A RATE SCHEDULE AS EXHIBIT A TO SAID ORDINANCE: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the Ordinance was read by City Clerk Carroll for a first reading, by title only. Councilman Oswalt 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 CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the Ordinance was read by City Clerk Carroll for a first reading, by title only. Councilman Oswalt 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 CLASSIFICATIONS TO M-l ZONING CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the Ordinance was read by City Clerk Carroll for a first reading, by title only. Councilman Oswalt requested that City Attorney Baird re-check the legal descriptions as contained in the previous two ordinances, prior to their being presented for final reading and adoption, and he agreed to do so. . e e . MINUTES NQ1189 Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76-M, ADOPTING THE WATER AND SEWER DEPARTMENT BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1975-76; AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED THEREIN: 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 City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: 5. Nayes: None. So the Ordinance was adopted and the number 77-M assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATION OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1975-76 AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT, LAKE COUNTY~ FLORIDA FOR THE YEAR 1975 FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA and the motion was seconded by Councilman Blackburn. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Schroedel, Byrd, Oswalt, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number 78-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, ADOPTING THE GENERAL OPERATIONS BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1975-76; AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED THEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Blackburn. Mayor Smoak advised that he would like to clarify the position that he has taken regarding the South Lake Neighborhood Center: That an item had been included in the budget for the South Lake Neighborhood Center in the amount of $300.00; That he felt the volunteer help at the Center does a very admirable job and a needed job in an area of the city, but that it was his personal philosophy that we have too much \ welfare money in this count~y;That he felt it was a bad precedent to set for a local municipal government to become involved in direct welfare programs, and he consequently would vote in opposition to the motion if the $300.00 item for the Center remains in the budget. Mayor Smoak further advised that he was not convinced that the item included in this budget for a dump truck is a good capital investment item for the city to make and would therefore prefer that this item be removed and the allocation placed in the contingency fund of the appropriate department. Councilman Byrd advised that he would vote in support of the motion, but he would recommend to the City Manager that the matter of the dump truck be kept in mind and when the final decision is made to buy or whether not to buy, that the comments of the Mayor weigh upon his decision. It was the opinion of City Manager Hopkins that the matter should be resolved this night as to whether or not the dump truck item remains in the budget; That he felt it was a reasonable request in view of the age of the dump truck proposed to be replaced, and that estimated costs in the amount of $2300 were obtained to repair it in sufficient condition for use. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Schroedel, Byrd, and Oswalt. Total Ayes: Four. Nayes: Smoak. So the Ordinance was adopted and the number 79-M assigned to it. Councilman Byrd offered and moved the adoption of a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HONORING ROBERT PERCY SEAVER AND WINNIE HOOKS SEAVER ON THE OCCASION OF THEIR 60th WEDDING ANNIVERSARY and the motion was seconded by Councilman Schroedel and unanimously carrieQ. The R~SOLUTION was read in its entirety by Mayor Smoak, and the number 261 asslgned to It. . e e . MINUTES NQ1190 Mayor Smoak reminded Council of the League of Cities meeting to be held in Mt. Dora on September 25th, and the Orange Blossom Breakfast to be held in Jenkins Auditorium on Wednesday moring, September 24th. The meeting was adjourned by Mayor Smoak at 9:25 P. M. CIOUr!{ ~ Lao~.1") k; ~~ Dolores W. Carroll, City lerk