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09-08-1970 Regular Meeting e . MINUTBS REGULAR MEETING N9 682 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday. September 8. 1970. The meeting was called to order at 7:52 P. M. by Mayor Don E. Smith with the follow- ing members present: Councilmen VanderMeer. Oswalt. Cochran and Bratton. Other officials present were: City Manager Johnson. City Clerk Carroll and Chief of Police Tyndal. Others present were: Jacob Bumgarner. Christy Christensen. Mr. and Mrs. George Gallup. E. L. Schumann. Henry Czech. Merle Bright. John S. Crosthwaite. Jr.. Ernest Collins. Albert Mechtold. Mrs. Loma Etheredge. Mrs. Rudolf Pretsch and Mrs. C. Roy Rook. Representatives of the local Press were also present. The Invocation was given by Councilman VanderMeer. The Minutes of the meeting held on August 25. 1970 were approved as wr1 tten. Mayor Smith announced that the first order of business was a Public Hearing with regards Council designating a Zoning for Lots 1 thru 5 of Forty Pines Subdivision which had inadvertently been deleted from being zoned at the time of re-zon1ng of the entire City. Mrs. Rudolf Pre~sch. owner of Lot 3 in Forty Pines. and Mr. Jacob Bumgarner. owner of Lots 1 and 2 in Forty Pines. appeared before the Council and requested that this parcel be zoned a classification no lower than R-2. and preferably be Zoned as R-2. Mr. and Mrs. George Gallup owners of Lot 4 in Forty Pines. appeared before the Council and requested this parcel be zoned as C-2. Mrs. Loma Etheredge. a nearby property owner of this parcel. appeared before Council and requested that the parcel be zoned at least R-2 and preferably a h1ghe~ classification than R-2. After considerable discussion. motion was made by Councilman Oswalt and seconded by Councilman Bratton that the necessary Ordinance be prepared amending Code Ordinance No. 42 - Zoning which would designate Lots 1-2-3-4 and 5 of Forty Pines Subdivision as an R-2 Medium-Density Residential District. Upon roll call vote on passage of the motion. the result was: Ayes: Bratton. Cochran. Smith and Oswalt. Total Ayes: Four. Nayes: None. Abstaining: VanderMeer. The motion carried. Mr. Merle Bright appear.d before Council and introduced Mr. John S. Crosthwaite. Jr.. Director. of Governmental Sales for the Florida Power Corporation. who was present to answer any questions which the Council might have with regards the proposed franchise between the City and Florida Power Corporation. Councilman VanderMeer inquired of Florida Power.s reason for a straight 61 percentage basis rather than a franchise based on a graduated percentage as in the past and Mr. Crosthwaite advised that Florida Power had been encouraged to do this by the Utilities Commission in order to become consistent with all other util1\y companies in the State. Ci\y Manager Johnson submitted his report both orally and written. and a copy is attached hereto. With regards the matter of Modular Homes. which according to the existing Zoning Ordinance are classified as mobile homes and thereby not permitted within the city except in a designated mobile home park. it was consensus of Council that no action be taken until such time as a specific request for placing one in the city has been received. Councilmen VanderMeer and Cochran commented on the large crowd which attented the Labor Day festivities at the local Jaycee Beach. e . .. . , ... .. ." MINUTBS N9 683 City Clerk Carroll read communications as follows: From Mr. John Greer wherein he expressed appreciation to the City Manager and the Council for courtesies extended to him recently while interviewing for the position of City Manageri From Hr. Tom Corbett of Les Larson Realtors in Orlando wherein he offered for sale to the City. a parcel of land located adjacent to Oakhill Cemetery on the Easti From Attorney GenerilEarl Faircloth wherein he urged Council to adopt an Ordnance endorsing the present State Statute on Obscenity which recently had been declared unconstitutional and unenforceable by a federal court in Jacksonville. and which application had been made to the Supreme .Court of the United States to stay enforcement of the federal court order. It was consensus of Council that this matter be referred to the City Attorney for study and preparation of rough draft of such an Ordinance to present to the Council for action. Mr. Chris Christensen appeared before Council and presented a petition from five property owners around Shady Nook Lake wherein they requested that Shady Nook Lake be pumped down from its present high water level. Mr. Johnson read a letter to Council from Mrs. Mildred Middleton. property owner on Shady Nook Lake. wherein she vigorously protested any pu m ping of the Lake. It was consensus of Council that any action be deferred until such time as they could individually investigate this matter. Motion was made by Councilman VanderMeer. seconded by Councilman Oswalt and carried that the Ci\y Manager be authorized to pay moving expenses of Mr. Robert Hopkins in the amount of $357.40. Councilman Oswalt offered and moved the adoption of A RESOLUTION ESTABLISHING 1970-71 BUDGET Of THE CITY OF CLERMONT WATER AND SANITARY SEWERS DEPARTMENT FOR THE FISCAL YEAR 1970~71 and the RESOLUTION was read in full. The motion was seconded by Councilman VanderMeer and unanimously carried and the Number 167 assigned to it and a copy ordered pos ted. Councilman VanderMeer offered and moved the adoption of A RESOLUTION ESTABLISHING A BUDGET FOR THE FISCAL YEAR 1970-71 FOR GENERAL OPERATIONS OF THE CITY OF CLERMONT and the RESOLUTION was read in full. The motion was seconded by Councilman Oswalt and unanimously carried and the Number 168 assigned to it and a copy ordered posted. Councilman Oswalt introduced AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATION OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1970-71 AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT. LAKE COUNTY. FLORIDA FOR THE YEAR 1970 FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT. LAKE COUNTY. FLORIDA. and the ORDINANCE was read in full for a first reading. Councilman VanderMeer introduced AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION. IT LEGAL REPRESENTATIVES. SUCCESSORS AND ASSIGNS. AN ELECTRIC FRANCHISE. AND IMPOSING CERTAIN CONDITIONS RELATING THERETO and the ORDINANCE was read in full for a first reading. Motion was made by Councilman Oswalt. seconded by Councilman VanderMeer and carried that the bills be paid. e . MINUTBS Nt} 684 Motion was made by Councilman Cochran and seconded by Councilman VanderMeer that the City Clerk be authorized to disburse salaries in the fiscal year 1970-71 for the positions of City Attorney. City Controller and Jenkins Auditorium Supervisor as follows: COD)roller: $3458.00; Attorney: $2100.00; Auditorium Supervisor: $2350.00. The motion carried with Councilman Oswalt abstaining. The meeting was adjourned by Mayor Smith. ~r~ . TH . R