04-13-1971 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held
in the Council Chambers on Tuesday, April 13, 1971. The meeting was
called to order at 7:30 P. M. by Mayor Don E. Smith with the following
members present: Councilwoman Watson and Councilmen VanderMeer, Cochran
and Beals. Other officials present were: City Manager Hopkins, City
Controller Fleming, City Clerk Carroll and City Attorney Langley.
Others present were: The Messrs. Henry Czech, E. L. Schumann, D. C.
Waters, Merle Bright, J. William Prior, Herman Potash, J. Friedman,
Asbury Floyd and C. A. Mangold. Representatives of the local Press
and the Orlando Sentinel were also present.
The Invocation was given by Councilman VanderMeer.
The Minutes of the Regular Meeting held on March 23, 1971 and of
the Special Meetings held on March 29, 1971 and April 12, 1971 were
approved as written.
Messrs. Potash and Friedman appeared before Council and made inquiry as
to what action the City could take toward constructing platted streets
of record, but which had never been developed, and which abutts property
owned by them in Blocks 5 and 8 of Woodlawn Subdivision. City Attorney
Langley advised that it would be necessary to research city ordinances/
resolutions to determine whether or not said streets were ever closed,
prior to any action or consideration by the Council, whereupon this
matter was referred to the City Attorney.
Messrs. Potash and Friedman still further inquired of Council the
possibility of being granted a variance in set-back requirements in
order to develop property located in Sunnyside Unit Subdivision, and
they were advised that no consideration could be extended by Council on
such matter prior to the filing of a petition for a variance as required
and set forth in the Zoning Ordinance.
Mr. Asbury Floyd, Jr. appeared before Council with regards his petition
submitted wherein he requested a variance in the side yard set-back from
the required 12 feet to 8.6 feet on his property described as Lot 18
and the N~ of Lot 19 in Block 2 of Homeda1e Subdivision in order to
construct an addition to his residence. There was no one present who
voiced objection to this request, whereupon motion was made by Councilman
Cochran and seconded by Councilman VanderMeer that this request be
granted. Upon roll call vote on passage of the motion, the result was:
Ayes: Beals, Cochran, Watson and VanderMeer. Total Ayes: Four. Nayes:
None. Abstaining: Smith. The request was granted.
In behalf of Mr. Rolf, representative of Associated Advertising Company
who was unable to be present, City Manager Hopkins advised Council of
Mr. Rolf's request to Council for permission to place trash containers,
without cost to the city, in the downtown business area for a period of
24 months, such containers to be covered with advertising of local
businesses. Motion was made by Councilman VanderMeer, seconded by Council-
man Beals and carried that this request be granted subject to approval
by the City Manager of the type of advertising and the location of the
containers.
City Manager Hopkins submitted his report both orally and written, and
a copy is attached hereto.
Councilman Cochran submitted a report both orally and written, wifhregards
downtown businesses moving and abandoning as opposed to expanding and/or
rebuilding, and a copy of this report is attached hereto and shall become
a part of these Minutes.
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Mayor:Smithrentertainedia~motion for~payment of the bills. City Attorney
Langley requested it be a matter of record that he opposed payment of
bill submitted by 01ivenbaum Insurance Agency in the amount of $6946.00
for Comprehensive Business Policy inasmuch as bids were neither requested
or received on the city's insurance needs. Motion was made by
Councilman VanderMeer, seconded by Councilman Beals and carried that
the bills be paid, andt that City Manager Hopkins prepare the necessary
specifications for the city's insurance needs in order to submit same
for bids effective for the next fiscal year beginning November 1, 1971.
City Clerk Carroll submitted a request from Mr. H. James Meginley,
Music Director of the Clermont Jr. High School to hold a dance in
the Jenkins Auditorium on May 7, 1971, such dance to be sponsored by
the Clermont Junior High School Majorettes. Motion was made by
Councilman Cochran, seconded by Councilman Beals and carried that this
request be granted provided that all rules and regulations pertaining
to dances held in the Auditorium are met.
Councilman VanderMeer presented and moved the adoption of a Resolution
commending J. K. Tryon for services rendered as Municipal Judge. The
motion was seconded by Councilman Cochran and unanimously carried.
The Resolution was read in full and the Number 179 was assigned to
it.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING A PORTION OF
AN UNNAMED STREET, PARTIALLY SURROUNDING LAKE WINONA, ALL ACCORDING
TO THE OFFICIAL MAP OF THE CITY QF CLERMONT and the Ordinance was read
in full for a first reading.
Councilman Beals offered and moved the adoption of AN ORDINANCE AMENDING
ORDINANCE NO. 29-M ENTITLED "0RDINANCE PROVIDING FOR THE ACQUISITION
AND CONSTRUCTION OF A NEW SEWER SYSTEM FOR THE CITY OF CLERMONT, FLORIDA:
PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,700,000 WATER AND
SEWER REVENUE BONDS OF SUCH CITY TO PAY THE COST OF SUCH PROJECT:
PROVIDING FOR THE RIGHTS OF HOLDERS OF SUCH BONDS: PROVIDING FOR THE
PAYMENT THEREOF: AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN
CONNECTION WITH THE ISSUANCE OF SUCH BONDS," TO CORRECT THE DESCRIPTION
OF THE FRANCHISE TAXES PLEDGED TO THE PAYMENT OF SAID BONDS. The
motion was seconded by Councilwoman Watson and the Ordinance was
read in full for a second and final reading. Upon roll call vote
on passage of the Ordinance, the result was: Ayes: Beals, Watson,
Cochran, Smith and VanderMeer. Total Ayes: Five. Nayes: None. So
the Ordinance was adopted, the Number 33-M assigned to it and a copy
ordered posted.
May Smith advised he had contacted Colonel D. C. Waters with regards
filling the position of Second Municipal Judge upon retirement of
J. K. Tryon on May 1st, and that he was agreeable to accepting such
position, whereupon motion was made by Councilman VanderMeer,
seconded by Councilman Beals and unanimously carried that Colonel
D. C. Waters be appointed as Second Municipal Judge to fill the unexpired
term of such position from May 1, 1971 to January 1, 1972 and at an
annual salary of $500.00.
City Manager Hopkins read a letter from James Watkins, Director Lake
County Planning Department wherein he requested financial assistance
in a county-wide pollution abatement program. It was consensus of
Council that all available funds will be needed for the resurfacing
of city streets upon completion of the sanitary sewer system whereupon
motion was made by Councilman Beals, seconded by Councilman VanderMeer
and carried that this matter be tabled. Councilman Cochran voted Naye
on passage of this motion.
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City Manager Hopkins reported he had received complaints with regards
the Lake News being distributed to residences in the citYt same being
without solicitation of the residents. Motion was made by Councilman
Cochran, seconded by Councilwoman Watson and carried that the City
Manager request the Manager of the Lake News to discontinue the
unsolicited distribution of the Lake News to residences in the city.
Councilman VanderMeer inquired of the present condition of the dock
at Jaycee Beach. City Manager Hopkins advised that repair work has
just been completed on the existing dock, and that an addition would
be made to it in the near future.
Councilman VanderMeer inquired of Controller Fleming if monies were
available to construct a covered pavilion, approximately 30' x 30'
in size and at an approximate cost of $1500.00 to $2000.00 at the
Jaycee Beach, and he was answered in the affirmative. It was consensus
of Council that this matter be referred to Councilman VanderMeer
and City Manager Hopkins for a more concrete size and cost before
consideration by the Council.
Upon recommendation of City Manager Hopkins, motion was made by
Councilman Beals, seconded by Councilman Cochran and carried that the
City Manager be authorized to prepare specifications and advertise for
bids on a 1971 sedan for use by the Assistant Director of Public Works.
City Attorney Langley advised Council that following execution of a
contract for Open Space with HUD and it was determined that part of
such property was necessary to be used for the proposed sewerage
treatment plant, that it was now necessary that authorization be
granted for execution of an amended contract to include a land swap
of additional property acquired for this purpose. Councilman Beals
presented and moved the adoption of A RESOLUTION authorizing acceptance
and execution of amended open space contract and the motion was seconded
by Councilman Cochran and unanimously carried. The Resolutiun was
read in full and the Number 180 was assigned to it.
City Manager Hopkins read a letter from A. W. Thacker wherein he
advised it was his intention to sub-divide into building lots, approxi-
mately 8 or 9 acres of property owned by him and located in Lettered
Block F; that such location abutts the platted and dedicated, but
not developed, B10xam Avenue, and that he requested Council to consider
the paving of this street. City Manager Hopkins was instructed to
notify Mr. Thacker that past policy for improvement of streets has
been to submit a petition to Council for street improvement and
special assessment, such petition to be signed by at least 75% of the
owners of the real property abutting the street in question, for
Council's determination as to necessity for such improvement, the
benefits derived from such improVement to the owners of real property
abutting such street, and the method of payment for cost of such
improvement.
The meeting was adjourned by Mayor Smith.
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Do ores W. Carro ,Clty Clerk
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