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03-24-1970 Supporting DocumentsMINUTES NQ 654 ADJOURNED MEETING An adjourned meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 24, 1970. The meeting was called to order at 7:30 P. M. by Mayor Don E. Smith with the following members present: Councilmen VanderMeer, Cochran and Bratton. Other City Officials present were: City Controller Fleming, City Superintendent Smythe, City Clerk Carroll and Chief of Police Tyndal. Others present were: Mr. and Mrs. John L. Drees and the Messrs. Albert Sherman, Henry Czech, E. L Schumann, Bill Roberts, C. A. Mangold and representatives of the local Press. The Invocation was given by Councilman VanderMeer. The Minutes of the Meeting held on March 10, 1970 were approved as written. City Controller Fleming reported that the plans and specifications for the proposed sanitary sewer system had been approved excepting some minor changes. Mayor Smith reported as follows: Reminder of the Orange Blossom Break- fast on Wednesday morning, March 25th; That he had received a Legislative Bulletin from the Florida League of Municipalities urging municipalities to study Bills which had been prefiled for consideration during the 1970 Legislature and which would affect Florida municipalities and urged that the Council study these; That work was progressing on the public fishing pier and had been constructed.. for approximately 150 feet out in Lake Minneola; That he had been to the new well site and had been advised that the driller was down to 827 feet and still in solid rock and that this was 27 feet beyond the stipulation of the contract for drilling; That he had received a letter from Mr. F. tl. Hinson, Executive Director of the Lake County Office of Economic Opportunity, Inc. inquiring if the City of Clermont desired to remain active in this organization; That he had received a letter from the Honorable William H. Reedy wherein he acknowledged receipt of the Resolution as passed by the Council urging the State Legislature to levy an additional one cent tax per gallon on the sale of gasoline for municipal use, and that he agreed with such a proposal. Councilman Oswalt arrived at the meeting. City Clerk Carroll reported the City Manager had studied costs submitted by 4 different companies for lighting of the softball field and wished to report as follows: That the cost for lighting only would be approximately $2500.00 to $3000.00 and an additional cost for fencing and incidentals would be approximately $500.00 to $1,000.00. Councilman VanderMeer reported he felt the City had excellent facilities now for Little League Baseball and for baseball at the Municipal Park, however, the dimensions of 180 feet at the Little League Diamond was short for playing softball and he felt there should be facilities for softball, whereupon, motion was made by Councilman VanderMeer that the City Manager be authorized to proceed with lighting of the softball field at a cost not to exceed $3500.00. The motion died for lack of a second. City Attorney Langley arrived at the meeting. City Clerk Carroll read communications as follows: From Mr. Martin P. I -linter, Chairman of the Planning and Zoning Commission wherein he stated it was the recommendation of the Planning and Zoning Commission that the requests for changes in Zoning by Mr. W. W. Boyd and Mr. Cecil Keene be denied. The Clerk was instructed to have published the necessary notice of Public Hearing by the Council regarding these Zoning change requests, such hearing to be held at the next Regular Council Meeting on April 14, 1970 . Mr. Winther still further reported MINUTES N9 655 in his letter that it was consensus of the Planning and Zoning Commission that a study should be made to ascertain if modifications in the Zoning Code might be needed to encourage construction of high class apartments in Clermont. It was the suggestion of Mayor Smith and Councilman Oswalt that the Council consider this, and Councilman VanderMeer stated lie felt this would be possible with the City issuing conditional use permits; From Frank C. Sargeant, Senior English Teacher at Clermont High School, requesting the Council to investigate Cooper Memorial Library procedures, this request being the result of a poll taken among High School students who were dissatisfied with procedures at the Library. This letter was referred to Councilman Bratton, Council's liaison representative to the Library Board; From Mr. William Baker, Sr. a verbal request for financial reimbursement for loss of a truck tire incurred from running over pipe placed in the street right-of-way by Locke Well and Pump Company who had refused liability. It was the opinion of the City Attorney that this was a matter between Mr. Baker and Locke Well and Pump Company. Mr. Langley was requested to so advise Mr. Baker. Councilman VanderMeer offered and moved that it be passed AN ORDINANCE:. GRANTING TO THE T M COMMUNICATIONS COMPANY A NON-EXCLUSIVE FRANCHISE TO ERECT, MAINTAIN AND OPERATE, IN, UNDER, OVER, ALONG, ACROSS AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS, BRIDGES AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF CLERMONT, FLORIDA, AND SUBSEQUENT ADDITIONS THERETO, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY WIRE OR CABLE OF TELEVISION THE INHABITANTS OF SAID CITY: PROVIDING AN INITIAL TERM OF 15 YEARS WITH OPTION TO RENEW FOR A LIKE PERIOD OF TIME and the Ordinance was read in full for a second reading. The motion was seconded by Councilman Oswalt. Upon roll call vote on passage of the ORDINANCE, the result was: AYES: Five. NAYES: None. So the ORDINANCE was adopted, the Number 25-1Ljassigned to it and a copy ordered posted. Councilman Cochran offered and moved that it be passed AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE LICENSING OF DOGS WITHIN THE CITY: REQUIRING OWNER OF DOGS TO KEEP THE SAME UNDER THEIR CONTROL: PROVIDING FOR THE IMPOUNDMENT OF UNLICENSED AND/OR UNCONTROLLED DOGS; PROVIDING RABIES PROTECTION PROCEDURE: PROVIDING PENALTIES FOR VIOLATION HEREOF: PROVIDING AN EFFECTIVE DATE and the ORDINANCE was read in full for a second reading. The motion was seconded by Councilman VanderMeer. Upon roll call vote on passage of the ORDINANCE, the result was: AYES: VanderMeer, Oswalt, Smith, Cochran and Bratton. TOTAL AYES: Five PIAYES: None. So the ORDINANCE was adopted, the Number 51-C assigned to it and a copy ordered posted. City Clerk Carroll read a letter from Mr. Henry Pelfrey wherein he requested action be taken by the City for relief of damages incurred to his property from a water drainage and dirt problem originating at the Cler-Vue Drive=In Theatre. City Attorney Langley reported the Manager of the local Drive -In had indicated a black -topping program for the drive-in theatre property in the near future which should alleviate the drainage problem and the City Clerk was instructed to advise Mr. Pelfrey of this. Motion was made by Councilman Bratton, seconded by Councilman VanderMeer and carried that the Mayor be authorized to execute letter of approval for the City of Clermont to be included in the County Community Action Program (Lake County Economic Opportunity, Inc. Community Action Program). City Attorney Langley reported on the trip he and Controller Fleming had made to the HUD office in Atlanta with regards presenting to them necessary materials regarding the proposed sewer system, and that'it was now necessary that the City submit to them reports from both the local Planning and Zoning Commission and the East Central Florida Regional MINUTES N9 656 Planning Commission along with a narrative statement as to the reason for the swap in lands. Councilman Cochran presented and moved that it be passed, a RESOLUTION authorizing the Mayor and Clerk to execute the necessary Easement Agreement between the SCL Railroad Company and the City of Clermont for construction of a sanitary sewer system over properties owned by the Railroad Company. The motion was seconded by Councilman Oswalt and upon roll call vote on passage of the RESOLUTION the result was: AYES: VanderMeer, Oswalt, Smith, Cochran and Oratton. TOTAL AYES: Five. NAYES: None. So the RESOLUTION was adopted and Number 161 assigned to it and a copy ordered posted. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Dolores W. Carroll, City Clerk