08-28-1973 Supporting DocumentsMINUTES NQ 965
Regular Meeting
A Regular Meeting of the City Council of the City of Clermont was hold
In the Council Chambers on Tuesday, August 28, 1973, The meeting was
called to order at 7:30 P.M. by Mayor Don E. Smith with the following
members present: Councilman Schroedol,Byrd and Deals. Other officials
present were: City Controller Fleming, City Clerk Carroll, City Attorney
Vason, Director of Community Services Smythe and Chief of Police Tyndal.
Others present were: Mr. and Mrs. H. Forrest Kimball, Mr. and Mrs.
Roy D. Tenney, Mr. and Mrs. William Delaney, Mr. and Mrs. W. 0. Perry,
the Misses Karen Hamilton and Dawn Glddons, and Mr. Al Earls. A Representa-
tive of the Sentlnal/Star was also present.
The invocation was given by Councilman Byrd, followed by repeating of
the Pledge of Allegiance in unison by those present.
The minutes of the Regular Meeting held August Pith and the Special
Meeting held on August 16, 1973 were approved as written.
Mayor Smith announced the first order of business to be a Zoning Board
of Adjustment Hearing to consider application of William Delaney for
a variance to Section 26-25 of the Zoning Ordinance (Permitted Signs
in a Shopping Area) in order to erect a business sign eight square feet
larger than allowable in the code at his place of business, the Two
Sons Speed Queen Fabric Care Center in the Winn -Dixie Shoppping Area.
Mr. Delaney had advised in writing that the sign he proposed to Install
was a standard stock sign of the Speed Queen Corporation and would be
at far less cost to him than any other, and would be utilizing 96 square
feet as opposed to 88 square feet as required in the Code. Council was
in agreement with the request whereupon motion was made by Councilman
Schroedel, seconded by Councilman Byrd and carried that the variance
be granted.
Mayor Smith announced the next order of business to be a Public Hearing
to consider request of Al Earls for the rezoning of Lots i thru 13
In Block 7, City Blocks, from Its present C-I Zoning to C-2 Zoning in
order to establish a business on a portion of that area which is only
applicable to C-2 Zoning. Following a public hearing and consideration
of this matter by the P G Z Commission on August 7th, it was their
recommendation to Council that the request be denied. Mr. Earls appeared
before Council and advised that originally he had been advised it would
be necessary to request that all 13 lots be included in his request in
order to refrain from "spot zoning", but that he actually was only interested
in having the property owned by him (Lots 4,5, and a portion of 6)
rezoned and he questioned as to whether or not this would be construed
as spot zoning inasmuch as C-2 zoning presently exists up to the west end
of his ltos. Abutting property owners, Messrs. Kimball and Tanney,
objected to any rezoning of lots facing on East Avenue, Motion was made
by Councilman Beals and seconded by Councilman Byrd that the city
Attorney be instructed to prepare the necessary Ordinance to be presented
at next meeting for the change in zoning from C-1 to C-2, Lots 4,5, and
a portion of 6 in City Block 7. Upon roll call vote on passage of the
motion, the result was: Ayes: Schroedel, Beals, Total Ayes: Two.
Noyes: Byrd, Smith. Total Noyes: Two. Absent: Smoak. The motion failed
to carry.
MINUTES N9 966
Acting City Manager Smythe ruported as follows: That the matter of
whether or not to allow PVC pipe to be used Instead of cast Iron for
commercial hookups to the sanitary sewer system which was referred to
the Plumbing Board, had been referred still further by the Plumbing
Board to DAwklns and Associates, and a reply had not yet been received;
That with regards request of Council to DOT for a traffic signal survey
at the intersections of Bloxam and East Avenue with State Road 50
they had forwarded a Resolution which would have to be executed wherein
the -Council would be liable for total cost of purchase, Installation and
permanent maintenance of any traffic signals permitted. Upon inquiry
of Mr. Smythe as to an approximate cost of a traffic signal, he replied
the latest estimate he had heard was between $25,000 and $30,00; That
with regards Council's request for additional operational Improvement
signs along State Road 50, they were presently being installed by the
DOT, and, that he had received a price for Installation of a lift
station at Clermont High School from Bruce Ogden, Inc. @ $6786:26.
Councilman Beals reported that in lieu of expending the total $7,000
as allocated in the proposed budget for Improvements to the existing
tennis courts at Kehlor Park, he would like for Council to investigate
the possibility of using a portion of the Clermont Elementary playground
for construction of additional courts.
Councilman Byrd reported that he still was of the opinion that the
stop signs located at 7th Street - West Avenue and loth Street at -..
their intersections with Chestnut Street, should be removed in order
to aid traffic flow on Chestnut between 5th and its termination at
12th Street.
Councilman Beals presented and moved the adoption of RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, INCREASING
THE SANITATION COLLECTION RATES and the motion was seconded by Councilman
Byrd and unanimously carried. The RESOLUTION was read in full by
City Attorney Vason, the Number 223 assigned to it and copy ordered
posted.
Councilman Schroedel 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 STRICKLING STREET FROM THE SOUTH
RIGHT-OF-14AY LINE OF STATE ROAD 50 TO THE NORTH RIGHT-OF-WAY OF HILL
STREET, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED
IN PLAT BOOK B,PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, and the motion was seconded by Councilman Byrd, The Ordinance
was read for a second and final reading by title only by City Attorney
Vason, and upon roll call vote on passage of the motion the result was:
Ayes: Schroedel, Byrd, Beals and Smith. Total Ayes: Four. Nayes: None.
Absent: Smoak. So the ORDINANCE was adopted, the Number 56-M assigned
to it and a copy ordered posted.
Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE
COLLECTION FRANCHISE TO DUMP -ALL, AND AUTHORIZING THE MAYOR AND THE
CITY CLERK TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY OF CLERMONT
WITH DUMP -ALL, INC. TO COLLECT GARBAGE, TRASH AND OTHER REFUSE WITHIN
THE CITY LIMITS: PROVIDING THE TERMS OF THE CONTRACT: PROVIDING FOR
THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A
FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT, and
The Ordinance was read for a first reading by title only by City
Attorney Vason.
MINUTES NQ 90'7
Councilman Schroodel offered and moved the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, ESTABLISHING A PROCEDURE FOR THE CLOSING, VACATION, AND PER11ANENT
ABANDONMENT OF CITY STREETS: DEFINING " STREETS": PROVIDING FOR
PETITION TO THE CITY COUNCIL: ESTABLISHING A FILING FEE: PROVIDING FOR
ADVERTISMENT AND PUBLIC NOTICE: PROVIDING FOR THE CITY TO RETAIN
UTILITY EASEMENTS: REPEALING ALL ORDINANCE IN CONFLICT HEREWITH:
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION and the motion was seconded by Councilman Beals. The
Ordinance was read for a second and final reading by title only by
City Attorney Vason and upon roll call vote on passage of the motion,
the result was: Ayes: Beals, Smith, Schroodel and Byrd. Total Ayes:
Four. Nayes: None, Absent: Smoak. So the ORDINANCE was adopted, the
Number 96-C assigned to It and a copy ordered posted.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER
THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING SECTION 25-7 (A), BY REPEALING THE SAME AND SUBSTITUTING
THEREFORE A NEW SECTION NUMBERED 25-7(A); abolishing THE REQUIREMENT
THAT THERE BE ONE WATER SERVICE TO A PREMISES OCCUPIED BY COMMERCIAL
OR MULTI -FAMILY RESIDENTIAL HABITATIONS: 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 title only by City Attorney Vason andupon roll call vote on passage
of the motion, the result was;Aycs: Smith, Beals, Schroedel and Byrd.
Total Ayes: Four. Nayes: None. Absent: Smoak. So the ORDINANCE was
adopted, the Number 97-C assigned to it and a copy ordered posted.
Councilman Beals reported that he had been appointed to serve on the
Jaycee Political Action Committee, and that it was their desire to
sponsor a community type town hall meeting in order to discuss with
and hear from possible candidates for city election. Mr. Beals further
advised that he felt it would be more appropriate for city officials
to initiate such a program.
Mayor Smith reported that inasmuch as he would be out of the city on
Labor Day, he was requesting that Councilman Beals, Mayor Pro-Tem,
be present at the dedication of the newly constructed pavillion at
Jaycee Beach to accept sam6 in behalf of the City from Chamber of
Commerce and First Federal Savings and Loan Association. Mr. Beals
agreed to be present.
Councilman Beals inquired of City Attorney Vason as to the criteria
and/or formula of the breathalizer readings with regards prosecution
of DWI cases in Municipal Court. Mr. Vason advised there were several
other matters involved (such as previous records -character -attitude
toward the arresting officers, etc.) and not just readings from
the breathalizer.
The meeting was adjourned by Mayor Smith.
40 1 Wool Onto Plata ■ Clvmont, morldn
City Co"I •�
DON E, WITH, M,yor
CHARLES 0. DEALD, Moyor PrPT,m l• .
GEORGE I. OCHROEDEL, C.—Ilmnn q
CLAUDE E, OAIOAK, IR.. C—unroof
CARLISLE A nynD, m„ Coanmlm�n LEGAL 'NOT 1
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NOTICE OF PUBLI.�;!+IFIARING 1
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Noticq ie her gby g'.iv,ipp to
City of, Clermont Plagningg
shall hold a Pubi,lc;jjp4rir
11 "-4 et .. h h a n'A' "b io. Aft b
Ertl
■ Phonm (004) 394-01001
City F4nnaor ,
RODntt M. HOPKINS 1
City Cl,rk
DOLORES W. CARROLL
:ONSIDER REZONING REQUEST
I concerned that the
i Zoning Commission
In the Council Chambers
t Avrnue'and Desoto Streets
TO IOW1D9 PUr(J,VSy
1
To. consider re. queSt.tfor the rezoning of Lots
I
;tl ,th.ru 13 i'n 81`pck %.'„City 6locks,frem its
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present 1 'Zoni>tig,xu C-2'Zoning
A11„1,nteres.ted peKSohs 011 be givenlan.opportunity
to express''thei Viev{s; on the above" mentioned matter.
a
1 R.M.Hopkin;,',City Manager
July 19, 1973.t LI° ;', City of ;Clermont, Florida
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