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06-27-1978 Regular Meeting f -- - e e e CITY OF CLERMONT MINUTES REGULAR MEETING A Regular Meeting af the City Cauncil af the City af Clermant was held in the Cauncil Chambers an Tuesday, June 27, 1978. The meeting was called to. arder at 7:30 P.M. by Mayar Claude E. Smaak, Jr., with the fallawing members present: Cauncilmen Schraedel, Byrd, and Haney. Other afficials present were: City Manager Tiffany, City Attarney Baird, Finance Directar Sanchez, Building Official Nagel, and Chief af Palice Tyndal. Others present were: Mrs. Jan Smith, and the Messrs. Blackburn, Sakal, Czech, Jacksan, Windham, Searles, Grass, and Sargent. The invacatian was affered by Cauncilman Byrd, fallawed by repeating af the Pledge af Allegiance in unisan by thase present. The Minutes af the Regular Meeting held June 13, 1978 were appraved as written. PUBLIC HEARING Cauncil, sitting as a Baard af Adjustment, cansidered the request af Mr. V.R. Freeman (dba Tweedle Oil Carparatian) far a Variance to. Sectian 26-25 (12)(a)(C2 GENERAL COM- MERCIAL DISTRICT - GASOLINE SERVICE STATIONS) af the Zaning Ordinance in arder to. place a gasaline starage tank an their praperty described as Lats 8, 9, 10, 11, and the N 8.9' af Lats 12 and 13, City Black 61 (510 West Highway 50) that wbuld penetrate the required 501 setback by 25 feet. City Manager Tiffany advised that due to. the slape af the land, the prapased tank wauld have to. be installed at appraximately 12' depth far praper funct- ianing af pumps and check valves. Matian was made by Mayar Smaak, secanded by Cauncilman Haney and carried that the request be granted. VISITORS WITH BUSINESS Mr. Jahn Sakal appeared befare the Cauncil to. discuss restramm facilities far tennis players at Kehlar Park inasmuch as these facilities were kept lacked except far arganized tennis activities and Recreatian Club activities, and requested Cauncil actian to. alleviate this situatian. Fallawing cansiderable discussian regarding vandalism, passible salutians to. alleviate it, and the use af shufflebaard caurts by nan-members af the Recreatian Club, Mayar Smaak suggested, and Cauncil was in agreement, that City Manager Tiffany autline a pracedure to. ensure that restraam facilities in all public areas within the city are regularly checked and reparted back to. the Cauncil in writing; That this infarmatian be available far public inspectian, and; That the matter be placed an the agenda far the next regularly scheduled meeting. Mr. Jimmy Lee Jacksan, awner af Dat's Cafe andvacantpraperty in the Lincaln Park area, appeared befare Cauncil in pratest af lat mawing bills against his vacant praperty as being excessive, and to. seek the Cauncil's caaperatian in drapping the candemnatian actian an the building in which Dat's Cafe is lacated, and to. seek the Cauncil's help in abtaining a liquar license. With regards to. abtaining a liquar license, Mayar Smaak advised that all alcaholic beverage licenses are issued by the State, nat city, and suggested that Mr. Jacksan enlist the aid af City Attarney Baird far further infarmatian an the matter. With regards candemnatian praceedings against the Dat's Cafe establishment, Building Official Nagel advised af his inspectian af the building, revealing vialatians af building, electrical, and plumbing cades, thus creating a patential, seriaus fire hazard, and af raams being rented dawnstairs withaut benefit af praper State/Caunty/City licenses. City Manager Tiffany was requested to. submit his recammendatians cancerning this matter in writing; That a capy af the repart be presented to. Mr. Jacksan, and; That the matter be placed an the agenda af the next regularly scheduled meeting. With regards to. lat mawing, Mr. Jacksan advised that inasmuch as he received natice fram the City regarding the City's palicy and increased mawing rates, his property was mawed; hawever, the praperty was ardered mawed again by the City due to. the time periad elapsed since the first initial mawing, and he was billed. City Manager Tiffany was requested to. include in his repart his investigatian af the circumstances surraunding the lat mawing. e e e . CITY OF CLERMONT MINUTES BID AWARD Mayor Smoak reported on bids received for the resurfacing of various city streets as follows: Orlando Paving @ $27.80 per ton Basic Asphalt @ $29.00 per ton MasAsphalt @ $30.90 per ton $22,675.00 $23,635.00 $25,183.50 and advised of the City Managerls recommendation to accept the low bid from Orlando Paving at @27.80 per ton. Motion was made by Mayor Smoak, seconded by Councilman Honey and unanimously carried that the City Managerls recommendation be accepted. ORDINANCES Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT. LAKE COUNTY. FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF TENTH STREET DESCRIBED HEREIN. ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8. PAGES 17 TO 23. INCLUSIVE. PUBLIC RECORDS OF LAKE COUNTY. FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the motion was seconded by Council- man Byrd. The Ordinance was read for a second and final reading by Deputy Clerk Sm1th, by title only. and upon roll call vote on passage of the motion. the result was; Ayes: ~oney, Byrd, Schroedel. Smoak. Total Ayes: Four. Nayes: None. Absent: Cole. So the Ordinance was adopted and the number 112-M assigned to it. Coun~!~~~nHoney offered and moved the ~doption of AN ORDINANCE UNDER ~HE CODE OF ORQ~NANCES OF THE CITY OF CLERMONT. LAKE COUNTY. FL01UDA;-AMENDINCfAPPEN15rx A-OF-THE CODE OF ORDINANCES PROVIDING FOR THE REGULATION OF FENCES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH\ PROVIDING FOR SEVERABILITY: PROVIDING FOR 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 Deputy Clerk Smith, by title only, and upon roll call vote on passage of ~he motion. the result was: Ayes: Schroedel. Byrd, Honey, Smoak. Total Ayes: Four. Nayes: None. Absent: Cole. So the Ordinance was adopted and the number 176-C assigned to it. Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT. LAKE COUNTY. FLORIDA. AMENDING SECTION 26 OF APPENDIX A: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the motion was seconded by Councilman Honey. The ,Ordinan~e was read for a second and final reading by Deputy Clerk Smith, by title only, anq upon roll call vote on passage of the motion, the result was: Ayes: Honey, Byrd, Schroedel, Smoak. Total Ayes: Four. Nayes: None. Absent: Cole. So the Ordinance was adopted and .. ., .. the number 177-C ass1gned to 1t. ....' . Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF ~LERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 5: PROVIDING FOR ADOPTION BY REFERENCE ,OF CERTAIN STANDARD CODES RELATING TO BUILDING CONSTRUCTION: REPEALING ALL ORDINANCES ~N CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND f~9VIDING FOR PUBLICATION, and it was read by Deputy Clerk Smith for a first reading by title only. eouncilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF ~LERMONT, LAKE COUNTY, FLORIDA, REPEALING CHAPTER 9 OF THE CODE OF ORDINANCES RELATING TO ,FIRE PREVENTION: PROVIDING FOR PUBLICATION: AND PROVIDING FOR AN EFFECTIVE DATE, and it was read by Deputy Clerk Smith for a first reading by title only. Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT LAKE COUNTY, FLORIDA, REPEALING CHAPTER 17 OF THE CODE OF ORDINANCES RELATING TO PLUMBING: PROVIDING FOR PUBLICATION: AND PROVIDING FOR AN EFFECTIVE DATE, and it was read by Deupty Clerk Smith for a first reading by title only. '" . e e e . CrTY OF CLERMONT MINUTES SEWAGE PRETREATMENT With regards a previous request of Council to seek additional suppliers of the chemical FeS to be used in phosphorous removal and hydrogen sulfide control and storage tanks for same, City Manager Tiffany adivsed that he was unable to locate alternate suppliers; That Davis Water and Waste Industries, Inc. has agreed to supply the two tanks for a one-time fee of $1500 with the option to purchase for a total of $6000; That he has been in communication with Dr. John Zoltek of the University of Florida, Mr. Ted Wicks, of the Lake County Pollution Control Board, and other regulatory agencies concerning this sewage treatment and its effects on the Marshland Study. Motion was made by Councilman Byrd, seconded by Councilman Honey and carried that the City Manager be authorized to execute an option with Davis Water & Waste Industries, Inc. for the purchase and installation of two tanks for phosphorous treatment, not to exceed a total of $6000. pending further investigation and recommendations from Dr. Zoltek and other regulatory agencies on the possible effects of this treatment on the Marshland Study. It was the opinion of Co~cilman Schroedel that the results of the marshland study were too premature to wafrant the purchase of such capital outlay items. ADVANCE REFUNDING With regards the bond refunding issue with Southeastern Municipal Bonds, Inc., City Attorney Baird advised of a bond validation suit which is filed in the circuit court wherein the City files a complaint and requests the court to validate the bonds; That inasmuch as the State's Attorney is the defendent and responds to the complaint and he is an Assistant State's Attoryen, he would be unable to file the complaint in view of a technical conflict of interest; That it was his recommendation that the Council appoint another attorney to handle the bond validation suit only, and That he had been in contact with former City Attorney Robert Vason concerning the matter, and Mr. Vas on has agreed to represent the City for the bond validation suit at no additional cost to the City. Motion was made by Councilman Honey, seconded by Councilman Byrd and unanimously carried that the City Attorney's recommendation be accepted, and that Mr. Vason be appointed to file the required suit. LIBRARY Councilman Schroedel, liaison representation to the Library Board, reported that the library has received $969 in memorials since January 1, 1978; That the Board requested a fire inspection of the library; That the Summer Reading Program was underway; That a "Book Cart" program has been initiated at the hospital; That a slide presentation on "The History of Clermont" was developed and is available for presentation; That total circulation last month was 2593, and; That he had been advised of a meeting June 28 in Tavares to further discuss a possible county-wide library system. COMPREHENSIVE PLAN City Manager Tiffany presented revised Land Use, Recreation/Open Space, Housing, and Transportation elements of the City Comprehensive Plan as directed by the Council at their June 13 meeting. The plan was read in full and suggestions were made by council- members and members of the audience in order to further refine the plan and still allow the greatest degree of flexibility in every area. Motion was made by Councilman Honey, seconded by Mayor Smoak and unanimously carried that the City Manager incorporate the amendments discussed and forward the plan to the reviewing authorities for their review and comment as required by State law. PARK LAND ACQUISITION City Manager Tiffany reported that he had met several times with owners of the lakefront property on Lake Minneola between 4th and Carroll in order to negotiate a purchase price for same, and; That after much negotiation, the best price obtained is $18,500 for the property. Following discussion regarding use of the property and price, motion was made bv Mavor Smoak. seconded by Councilman Honey and unanimously carried that the City Attorney prepare the necessary documents for purchase to be duly signed and submitted to the owners along with a firm cash offer of $15.500 for purchase of the aforementioned property. e e e . CITY OF CLERMONT MINUTES Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF ToHE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 12-22 OF THE CODE OF ORDINANCES RELATING TO LICENSE TAXES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR PUBLICATION: AND PROVIDING FOR AN EFFECTIVE DATE, and it was read by Deupty Clerk Smith for a first reading by title only. Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REPEALING CHAPTER 8 OF THE CODE OF ORDINANCES RELATING TO ELECTRICITY: PROVIDING FOR PUBLICATION: AND PROVIDING FOR AN EFFECTIVE DATE, and it was read by City Attorney Baird for a first reading by title only. PRIVATE DOCK Councilman Schroedel reported on a September 1975 Lease Agreement to Mr. Charles Jones for a private dock on Lake Winona, and inasmuch as said dock has not yet been completed as provided in said agreement, requested forther council pursual. It was the suggestion of Mayor Smoak, and Council was in agreement, that the matter be referred to the City Manager and City Attorney for their investigation into alleged violations of the agreement and report back to Council at the next regularly scheduled meeting. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:15 P.M. ~(J j) ~, DOLO S W. CARROLL - CITY