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08-23-1977 Regular Meeting . e e . MINUTES NQ 1432 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, August 23, 1977. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Honey and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Baird, Finance Director Sanchez, Director of Public Works Smythe, and City Engineer Springstead. Others present were Mesdames Smith, Baird, Ms. Maureen Hurd; and the Messrs. Prunier, Doub, Graber, Matthews, Searles, VanderMeer, Saunders, Young, Cole, and Judy. Mr. Joe Sanchez, Sentinel/Star representative was also presnet. The Invocation was offered by Mr. Smythe, followed by repeating of the Pledge of Alle- " giance in unison by those present. The Minutes of the Regular Meeting held August 9, 1977 were approved as written. TELEPROMPTER FRANCHISE Mr. Jay Doub, Teleprompter District Manager, appeared before Council in support of a proposed ordinance which would amend the City's current fran- chise agreement with Teleprompter Southeast, Inc. Following discussion of the proposed ordinance, it was the consensus of Council that the City Manager and City Attorney prepare an amending ordinance to incorporate a rate change proceedure; a section to remove limitations on types of services on which franchise fees may be levied; and a provision for a specific type franchise; for Council's consideration at their meeting to be held on September 13. Mr. Doub was requested to forward Council any information that directly addresses the points contained in the proposed amendment. DUMP ALL RATE ADJUSTMENT Mr. Bernard Prunier appeared before Council in support of a request by Dump All, Inc., for a 17.5% rate increase for container waste service, advising he felt such increase necessary because of recent inflationary trends. It was consensus that Mr. Prunier supply additional information with regards comparison prices of similar type services offered within the county and in Orange county, to justify the desired rate increase and submit for Council's consideration on September 13, 1977. City Manager Tiffany was requested to notify the local Dump All customers of the requested rate increase. BOWMAN STREET EASEMENT . ..;..... Mr. Max Judy appeared before Council in support of a proposed ordinance which would abandon an easement over a portion of Bowman Street, now closed. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ABANDONING AN EASEMENT OVER A PORTION OF BOWMAN STREET DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 7 TO 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION, and the ORDINANCE was read by Deputy Clerk Smith for a first reading by title only. Mr. Judy further advised that following his previous request to purchase 75' of the proposed abandoned easement, he now desired to purchase an additional 25' in order to further enhance the appearance of the property. Motion was made by Mayor Smoak, seconded by Councilman Honey, and unanimously carried that City Manager Tiffany and City Attorney Baird be authorized to prepare the necessary legal documents for publishing the City's offer for sale of up to 130 feet west of the center line of the now closed portion of Bowman Street including the closed portion of the street belonging to the City, between Highway 50 and Highland Avenue. . e e . MINUTES NQ 1433 1977-78 BUDGET City Manager Tiffany reported that the proposed 1977-78 budget is being finalized for distribution within the next few days, and recommended that a work session be scheduled to discuss same. Mayor Smoak thereupon called a Work Meeting of Council to be held in the office of the City Manager on Tuesday, August 30th at 7:30 P.M. MAYOR'S REPORT Mayor Smoak reported that the Lake County League of Cities held a work meeting on the Road & Bridge Tax on August 15th, and a decision will be forthcoming from the League of Cities Board of Directors on a position to be submitted for the County Commissioners consideration. MARSHLAND STUDY Following discussion on a proposal submitted to Council from Drs. Bayley and Zoltek for a IS-month extension of the marshland study, at a cost of $57,000, in which Mayor Smoak recommended that the Council earmark $14,250 from speci a 1 funds presently on hand and des i gnate it for Uti 1 ity Capital IIIII-'P.-'''':'II'O:-'' ;~-:: to fund 25% of this proposal, motion was made by Councilman Blackburn, seconded by Councilman Honey, and unanimously carried that the City participate in this funding and guarantee to EPA that funds in the amount of $14,250 are available for this project, and that funds be earmarked as recommended by the Mayor. SUNSET LAKE SEDIMENT BASIN Mayor Smoak reported that he appeared before the Lake County Pollution Control Board on August 15 concerning the proposed water retention basin at Sunset Lake; that the Pollution Control Board agreed to reclassify the lake from existing class 3-A to a classification that would allow the lake to receive runoff from the highway, providing that a trash catcher and oil skimmer are installed. Following discussion, motion was made by Councilman Blackburn, seconded by Councilman Honey and carri ed, that the Lake County Poll uti on Control Board be petitioned to reclassify Sunset Lake from a 3-A classification to a classification suitable to accept non-point pollution sources. Mayor Smoak requested that the Department of Transportation be notified of City Council action and also official action of the Lake County Pollution Control Board. BROOME STREET EXTENSION City Engineer Springstead reported to Council that the design phase of the Broome Street Extension has been completed; that it comprised approximately 1100 feet of pavement and involves curb and gutter on each side of the street; That a drainage system consisting of two catch basins with infiltration type structures, and two direct inlets into the ditch at the east end, have been incorporated. Following inquiry from the Chair with regards Lake County Pollution Control Board approval of the direct inlet drainage to Lake Palat- , lakaha, motion was made by Mayor Smoak, seconded by Councilman Blackburn and unanimously carried that the City Council authorize the City Manager to advertise for bids on the project as soon as required permits are obtained. SR 50 UTILITIES RELOCATION City Engineer Springstead reported that plans for utilities relocation on Highway 50 were 85-90% complete and that the Department of Transportation is not requiring casing for utility crossings under the new portion of the Highway through the City. . e e . MINUTES NQ 1434 Mayor Smoak asked if the 1977-78 budget would provide funds for this work. City Manager Tiffany recommended that this cost be paid out of the Improvement, Repair and Replacement Fund which is a reserve account set by bond issue. CLOSED LANDFILL LEASE Mr. Fred Saunders appeared before Council in support of his request to lease the city owned closed landfill in Groveland Farms for agricultural purposes. Following discussion of the proposed lease agreement, motion was made by Councilman Blackburn, seconded by Councilman Honey and unanimously carried that the City Attorney incorporate into the proposed lease a 12-month notice of lease concellation by the City, the elimination of a portion of the cancellation clause relating to capital improvements, a requirement that the lessee pay all ad valorem taxes on the property, and a requirement that the lessee maintain a minimum $1,000,000 liability insurance. Mr. Saunders was requested to report to the City Manager the acceptance of the minimum liability level and proposing an effective date. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Honey, and carried that the bills be paid. A copy is attached hereto. ORDINANCES City Engineer Springstead reported that conditions as submitted by the Planning and Zoning Commission and City Council have been substantially complied with for the Preliminary Plan phase of development for the Minnehaha Shores Subdivision as proposed by Mr. Richard Swann, whereupon Councilman Honey offered and moved the adoption of 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: RE-ZONING THE REAL PROPERTY DESCRIBED HEREIN FROM R-3-A AND C-2 CLASSIFICATION TO R-1 ZONING CLASSIFICATION: REPEA~ING ALL ORDINANCES IN CONFL~~ HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the motion was seconded by Councilman Blackburn. The ORDINANCE was read for a second and final reading by Deputy Clerk Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Honey, Blackburn and Smoak. Total Ayes: Three. Nayes: None. Absent: Schroedel and Byrd. So the ORDINANCE was adopted and the number 161-C assigned to it. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:00 P.M. ~..~ CLAUDE . SMOAK, JR. M OR ATTEST: ~,~)Z~~ o ES W. CARROLL - I CLERK