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05-13-1969 Regular Meeting . . MINUTES N~ ~~ 588 REGULAR MEETING Anregular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 13, 1969. The meeting was called to order at 7:30 P. M. by Mayor Don E. Smith w~th the following members present: Councilmen VanderMeer, Cochran and Bratton. Other officials present were: City Controller Fleming, City Attorney Langley and City Clerk Carroll. Others present were: Mr. and Mrs. William Daw, Mr. and Mrs. T. C. Cork, Jr. and the Messrs. Cbar1es Beals, Jack MacDonald, County Commissioner Jim Hoskinson, Max Judy, Travis Kennedy and Herman Barbery. Representatives of the Orlando Sentinel and the local Press were also present. The invocation was given by Councilman VanderMeer. The minutes of the meeting held on April 22, 1969 were approved as written. Mayor Smith announced that the Council would now sit as a Board of Adjustment to consider the petition of Mr. and Mrs. William Daw wherein they requested a variance in the Zoning requirements for total land area and the side and rear yard set-backs in order to convert an existing warehouse to a two family duplex, this being located on the West 81.75 feet of Lots 1 and 2 of City Block 62; a variance from the required 16000 square feet to 8100 square feet, a variance from the required side yard of seven feet to 9 inches, and a variance from the required rear yard set-back of twenty five feet to twelve feet and four inches. Motion was made by Councilman Bratton and seconded by Councilman Cochran that the requested variance in Zoning be granted. Upon roll call vote on passage of the motion the result was: Ayes: Bratton, VanderMeer and Cochran. Total Ayes: Three: Absent: Oswalt. The motion carried. Councilman Oswalt arrived. Mr. Aaron Jones appeared before the Council and requested permission to complete construction of a Bar B-Q Pit/Building in the rear of his property located at 852 School Street which had been ordered stopped by the Building Inspector inasmuch as the necess8ry building permit had not been obtained, and, which was in violation of the existing Zoning Code Ordinance. Mr. Jones was instructed to apply for a building permit through the regular channels which would require that the building permit be turned down for violation of the Zoning Ordinance, a legal notice be published in the local Press, and then an appearance before the Zoning Board of Adjustment requesting a variance. Mr. Jim Hoskinson, a member of the Lake County Board of Commissioners, appeared before the Council and urged their endorsement of the State Road Department's proposed 16 year Road Program. He advised that such a program was a method of speeding-up road construction, which is badly needed at the present; that there were various plans offered to finance such a program, one of them being a possible 1~ increase in the gasoline tax plus a supplement from the license tag revenue; that the Lake County Commission and Mr. Willard Peebles of the State Road Board fully endorsed such a porgram and were ready to introduce this plan to the Legislature, but desired to have endorsements from the various municipalities first; that this particular area would benefit from such a program as it called for the 4-1aning of Highway #27 south from Clermont to Highway #530 and then Highway #530 east to the Orange County line by October of 1971, and, by the Commission advancing funds to the State Road Department, Highway #27, or 14th Street in Leesburg, would be 4-1aned at the same time and repaid to the Commission by effective date of the 172 - '73 budget; that the right- of-way along Highway #50 from the east line of Grove1and to Highway #561 in Clermont would be purchased in 1970-71 with construction of the 4 laning the following year. Mr. Hoskinson further advised that the 4-1aning of . . #50 from Highway #27 east to the present time until after MINUTES N~ X2~&X 589 the Orange County line was not scheduled at 1973. Motion was made by Councilman Cochran, seconded by Councilman Oswalt and unanimously carried that the Council go on record as endorsing the State Road Department's 16 year Road Program, and the Clerk be instructed to so advise Mr. Peebles. Mr. Charles Beals, Clermont's representative to the Lake Apopka Natural Gas District, gave an informative and thorough' report on the Gas District from its beginning in 1957 to the present date growth and financial condition. Mr. Beals introduced Mr. Jack MacDonald, General Manager of the Gas District, who was present. Mr. Beals' report was graciously accepted and thanks extended to him for such a thorough report. City Clerk Carroll submitted the regular report of the City Manager, both orally and written. It was the recommendation of the City Manager that gas installation permit fees of Lake Apopka Gas District in the City of Clermont be waived inasmuch as the revenue derived from these fees was very nominal and that upon checking, he found that the cities of Apopka and Winter Garden, the other owners of the Gas District, did not require permits from them. Motion was made by Councilman Oswalt, seconded by Councilman Bratton and carried, that effective this date, permits for gas installations by Lake Apopka Natural Gas District be required, but that the permit fees be waived. Councilman VanderMeer voted, Nay, on passage of this motion. It was the recommendation of the City Manager that a fee of $35.00 be charged for any dance held in the Jenkins Auditorium regardless of the sponsor due to the expenses for operation and maintenance of the building from excessive wear caused by dances held there. There was no action taken on this matter. Mayor Smith reported that he had recently visited the Walt Disney World Site after a certain time lapse, and that he was very much impressed with the progress and improvement that had taken place since his initial visit; that the "We1come to C1eront" signs were being constructed by various local individuals working after hours on their own time and that he was very pleased with the results and encouraged the Council tosstop by the site of construction, at the Citrus Tower, to see the signs being constructed. Mayor Smith advised that it had been brought to his attention that certain changes needed to be made in the city's Pension Plan Ordinance in order to bring it up-to-date. Motion was made by Councilman Cochran, seconded by Councilman VanderMeer and carried that the City Attorney be instructed to study the present Pension Plan Ordinance for necessary changes and report back to the Council at the next meeting. Councilman Oswalt introduced and moved that it be passed, a RESOLUTION directing the engineers to deliver the Sanitary Sewer System assessment roll to the City. The Motion was seconded by Councilman VanderMeer. The RESOLUTION was read in full by City Attorney Langley and upon roll call vote on passage of the motion, the result was: Ayes: VanderMeer, Oswalt, Cochran and Bratton. Total Ayes: Four. Nayes: None. So the RESOLUTION was adopted, the number 145 assigned to it and acopy ordered posted. Councilman VanderMeer offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLER~ TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO JOHN A REYNOLDS AND GERTRUDE D. REYNOLDS, HIS WIFE, AND THE ORDINANCE was read in full for a second reading. The motion was seconded by Councilman Cochran and upon roll call vote on passage of the ORDINANCE the result was: Ayes: VanderMeer, Oswalt, Cochran and Bratton. Total AYEs: Four. Nayes: None. So the ORDINANCE was adopted and the Number 22~M assigned to it . . MINUTES N~ x1.~x 590 and a copy ordered posted. Motion by Councilman Cochran, seconded by Councilman Bratton and carried that the bills be paid. Councilman Cochran reported as follows: That construction of the "Mini- Mountain" for the downtown "Tot Lot" had been started and that the Clermont Junior Womans Club had pledged a contribution of $SO.OO toward its cost; that the Council had been issued the challenge of a softball game between them and the local Chapter of Kappa Epsilon Sorority on either June 14th or June 21st, the proceeds from such game to be given toward the purchase of additional heart disease equipment at South Lake Memorial Hospital. The motion was made by Councilman VanderMeer, seconded by Councilman Cochran and carried that this challenge be accepted. Councilman Cochran further reported that in spot conversations with citizens of Clermont, and in his own opinion, the traffic light at the intersection of 7th and Montrose Streets impeded the flow of traffic to the downtown area and he thereby recommended and moved that this light be changed to a blinker light with the red blinker on the north and south approaches and the caution blinker on the east and west approaches. The motion was seconded by Councilman Oswalt and carried. Councilman Cochran reported that he had received a communication from the Secretary of the Florida League of Municipalities wherein he advised that House Bill #1082, same being legislation prepared and passed by the House of Representatives and presently under consideration by the Senate, making it mandatory that county tax assessors and county tax collectors assess property and collect taxes in all municipalities as of January 1, 1970. Motion was made by Councilman VanderMeer, seconded by Councilman Cochran and carried, that the Council go on record as being opposed to the mandatory part of the legislation, but rather that it be the optional choice of municipalities, and the Clerk was instructed to so advise this District's Representatives and Senators. Motion was made by Councilman VanderMeer, seconded by Councilman Cochran ~nd carried that the meeting be adjourned to a Public Hearing on Proposed Changes in the Zoning Code Ordinance. PUBLIC HEARING Mayor Smith called the meeting to order at 9:50 P. M. with all members present. City Clerk Carroll, City Controller Fleming and City Attorney Langley were also present. Upon inquiry of each Councilman to waive all conflict of holding the Public Hearing at this time and the result was unanimous to proceed, City Attorney Langley read the proposed changes in the Zoning Code Ordinance, such changes being those which would apply specifically to the three transition zones and establish a procedure for petitioning the Zoning Board of Adjustment for variance. Motion was made by Councilman Cochran, seconded by Councilman Oswalt and carried that the City Attorney be instructed to prepare the necessary ordinance amending the Zoning Code Ordinance, for presentation at the next meeting. Motion by Councilman Oswalt, t~e/ me e t i ". g ~ e a! j 0 urn e d . k~ { .!2/y~JI Don E. S m i t h, C h a i rm a n seconded by Councilman Cochran and carried that (v~"J L ~~ Do ores W. Carro ,Clerk