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10-14-1980 Regular Meeting e e e e CITY OF CLERMONT MINUTES REGULAR MEETING October 14, 1980 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 14, 1980. The meeting was called ot order by Mayor Claude E. Smoak, Jr. at 7:30 p.m. with the following Councilmen in attendance: Carlisle Byrd, Lester Cole, Bob Pool and Dennis Thomas. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders and City Clerk Rozar. The Invocation was offered by Councilman Carlisle Byrd, followed by repeating of the Pledge of Allegiance by all present. The Minutes of the Regular Meeting held September 23, 1980 were approved with the amendment stating that the consolidation of the Recreation and Landscape Committees into a Parks and Recreation Committee was the recommendation of the City Mana.ger to Mayor Smoak. SOUTH LAKE PLAYERS Robert Boos appeared before the Council requesting the South Lake Players be granted a waiver of rental fees for Jenkins Auditorium for this season. City Manager Forbes recommended that the waiver of retal fees be granted with the following conditions: 1. The rental fees be waived only through the period of their final proposed production of the season's plays. 2. Smaller facilities be utilized for as many rehearsal sessions as practical. 3. The financial status of the group be reported back to the Council at the end of this season's production. 4. No modifications be made in any way to the building, nor shall the building be occupied at any time without the approval of the City. 5. A $50.00 deposit be given to the City. 80-157 After discussion, a MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE RENTAL FEES OF JENKINS AUDITORIUM BE GRANTED TO THE SOUTH LAKE PLAYERS WITH THE ABOVE MENTIONED CONDITIONS. CITY MANAGER'S REPORT REGIONAL PLANNING COUNCIL 80-158 City Manager Forbes stated a new Regional Planning Council Act passed in the last session of the Florida Legislature which requires a change in the manner in which representatives to each of the Regional Planning Councils in the state are selected. The new rules state that each member municipality may appoint one (1) voting representative to the Board. It is not required, but this representative should be an elected official. After some discussion, A MOTION ~~AS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT CARLISLE BYRD BE APPOINTED AS THE VOTING REPRESENTATIVE FOR THE CITY TO THE REGIONAL PLANNING COUNCIL. 1 e e e e CITY OF CLERMONT MINUTES REGULAR MEETING October 14, 1980 Page 2 FLORIDA LEAGUE OF CITIES 80-159 City Manager Forbes informed the Council that a voting delegate to the Florida League of Cities Annual Convention should be designated. A MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT MAYOR SMOAK BE DESIGNATED AS VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION ON OCTOBER 25, 1980. LAKE COMMUNITY ACTION AGENCY 80-160 City Manger Forbes stated a notice had been received from the Lake Community Action Agency for a nominee from the City of Clermont to serve on the Board of Directors. A MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT BESSIE JONES BE NOMINATED TO THE BOARD OF DIRECTORS OF THE LAKE COMMUNITY ACTION AGENCY. CITY ATTORNEY'S REPORT City Attorney Baird reported that the County Commission has granted a Conditional Use Permit for the City's spray field. MAYOR'S REPORT FmHA GRANT Mayor Smoak related to the Council communications with Senator Chiles, stating that it is important to obtain the help of our legislators in seeking the FmHA grant. Ad Valorem Taxes 80-161 Mayor Smoak elaborated on the effects of the amendments just passed in the October election, specifically the ad valorem taxes. A MOTION WAS MADE BY MAYOR SMOAK, SECONDED BY COUNCILMAN BYRD AND UNANIMOUSLY CARRIED THAT THE CITY SUPPORT A RESOLUTION AT THE LEAGUE OF CITIES CONVENTION PETITIONING THE LEGISLATURE TO AMEND THE FEDERAL TAX OF AD VALOREM AS TAX CREDITS AGAINST FEDERAL INCOME TAX DUE. COUNCIL REPORTS Councilman Byrd announced his candidacy for the Mayor seat in the December election. ORDINANCE NO. 140-M: Occupational License 80-162 Ordinance No. 140-M establishes the fact that Occupational Licenses fees will be established by Resolution. The Ordinance was read by Title only. A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN BYRD AND UNANIMOUSLY CARRIED TO ADOPT ORDINANCE NO. 140-M. e e e e CITY OF CLERMONT MINUTES REGULAR MEETING October 14, 1980 Page 3 RESOLUTION NO. 356: Occupational License Fees 80-163 Resolution No. 356 was read by Title only. A MOTION WAS MADE TO ADOPT RESOLUTION NO. 356 WITH THE AMENDMENT OF RAISING THE FEES FIFTY (50) PERCENT THIS YEAR, THEN FIFTY (50) PERCENT NEXT YEAR BY COUNCILMAN POOL AND SECONDED BY COUNCILMAN COLE. COUNCILMAN THOMAS MADE A MOTION TO AMEND THE ORIGINAL MOTION BY STRIKING THE 50% INCREASE NEXT YEAR; THE MOTION DIED FOR LACK OF A SECOND. After extensive discussion by the Council, business owners and other interested citizens, A MOTION WAS MADE BY COUNCILMAN THOMAS TO AMEND THE EFFECTIVE DATE TO NOVEMBER 1, 1980; THE MOTION DIED FOR LACK OF A SECOND. A ROLL CALL VOTE ON THE ORIGINAL MOTION REFLECTED COUNCILMAN BYRD VOTING NAY, COUNCILHAN COLE VOTING AYE, COUNCILMAN POOL VOTING AYE, COUNCILMAN THOMAS VOTING NAY, AND MAYOR SMOAK VOTING AYE, THE RESOLUTION WAS ADOPTED. VARIANCE REQUEST: 1670 East Avenue Lot 6, Clermont Heights Subdivision 80-164 City Manager Forbes explained that Mrs. Fox, the former owner of Lots 6 and 7 received a variance to sell Lot 6 separately. A variance had been granted to construct a horn! formerly, but the one year time allowance has expired. Mr. Clarke now owns Lot 7 and refusal to grant this variance would be hardship depriving him of any use of his property. With the exception of having only 96', rather than the required 100' at the bulding setback line, this lot meets or exceeds all the requirements of the Zoning Ordinance. A MOTION WAS MADE BY COUNCILMAN THOMAS SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE VARIANCE BE GRANTED. CONDITIONAL USE PERMIT: 1740 South Highway 27 Lake Mobile Home Sales, Inc. City Manger Forbes explained the request for a Conditional Use Permit by Lake Mobile Home Sales, Inc.. He recommended that the permit be granted for the Mobile Home Sales Business with grass parking and septic tank with the following conditions: 1. All Mobile Homes must maintain a 25' front yard setback from the U.S. 27 Service Road, and a 12' setback from all other property lines. Monuments will be placed on the property delineating the setback line. 2. All Mobile Homes must maintain a 10' separation (end to end and side by side) from any other Mobile Home or building. 3. Shadowbox buffer fencing 6' in height will be installed the entire length of the Hook Street property line. 4. Grass parking shall be allowed on the following conditions: A. Approval for a curb cut jrom the U.S. 27 Service Road is obtained from the State D.O.T. e 80-165 e e e CITY OF CLERMONT MINUTES REGULAR MEETING October 14, 1980 Page 4 B. A 20' wide access driveway shall be paved with asphalt the full depth of the parking lot. C. A minimum of twelve (12) parking spaces shall be installed. D. All parking spaces will be delineated with parking stops (railroad ties or concrete) . E. The parking area will be landscaped according to the City's Landscape Ordinance. F. Parking shall be allowed only in the off-street parking lot. 5. An Occupational License shall not be issued until all Mobile Home Dealer Licenses are obtained. 6. Since this is a Mobile Home Sales Business, one Mobile Home may be used as an office (the office must be tied down), and connected to the City Water System. Further- more, since this office will be at least 300' from a sewer line, the office may be connected to a septic system approved by the County Health Department. 7. No Mobile Home shall be occupied temporarily or perman- ently as an abode or living quarters for any person or persons. 8. If this property is utilized for any other purpose other than Mobile Home Sales, this C.U.P. shall immediately expire. 9. All Mobile Homes located at the business will be assembled within five days from the date of arrival. 10. All other applicable rules and regulations shall be met. 11. No expansions be allowed without the approval of the City Council. 12. A Certificate of Occupancy for the above development shall not be issued until all of the above conditons are met. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE CONDITONAL USE PERMIT BE GRANTED WITH THE ABOVE MENTIONED CONDITIONS. The meeting adjourned at 8:30 p.m. ~~A' (Q ~ S DRA O. ROZAR TY CLERK ~~!J.- CLAUDE E. SMOAK, JR. - MAYOR