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05-11-1971 Regular Meeting . . MINUTBS REGULAR MEETING N9 733 A Regular Meeting of the City Council of the City of Clermont was. held in the Council Chambers on Tuesday, May 11, 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 Attorney Langley, City Clerk Carroll~ City Controller Fleming and Chief of Police Tyndal. Others Dresent were: Miss Mary Siderits, Mrs. Richard Langley and the Messrs. Henry Czech, E. L. Schumann, C. A. Mangold, Emil Siderits, William Symonds, Don Ware, George E. Hovis, Paul West and Howard Young. Representatives .of the Orlando Sentinel and the local Press were also present. The Invocation was given by Councilman Beals. The Minutes of the Meeting held on April 27, 1971 were approved as written. Mayor Smith announced a Public Hearing and the Council would now sit as a Board of Adjustment to consider the petition of Ralph Graham wherein he requested a variance in front yard setback requirements in an R1A Zone. Mr. Graham.s request was for a reduction from the required 35 foot setback to a 23 foot setback in order to construct an addition to the existing residence located at 1721 Penzance Road (Lots. 8-9-10, Block 2 of Riviera Heights Subdivision).advising that the existing building now lies at 29 feet back, which was constructed before passage of the Zoning Ordinance. Council was further advised that the owners of the abutting property (Lots 7-11-12 of Block 2, Riviera Heights Subdivision) were in agreement with the request and there was no one present who voiced Objection to the request. In view of the request as presented, motion was made by Councilman Beals, seconded by Councilman Cochran and carried that the request for variance by Ralph Graham be granted. Mayor Smith announced a Public Hearing and the Council would now sit as a Board of Adjustment to consider the petition of Southern Signs for a variance in size requirements of Ground Signs and Billboards, from the maximum of 300 square feet as allowed, to a sign 10. x 4n. consisting of 400 square feet. It was consensus of Council that an enforcement of the Zoning Ordinance as pertains to signs would not constitute an unnecessary hardship to the petitioner, whereupon motion was made by Councilman Beals, seconded by Councilman VanderMeer and carried, that the request of Southern Signs be denied. Mr. Howard Young appeared before Council making certain requests with regards a plan for the clearing out of Sparkiing Water Lake. Mr. Young advised Council that it was consensus of the Conservation Committee of the Kiwanis Club and the Waterways Club that a need existed for the clearing of numerous lakes in this area, and that they had conceived a Sparkling Water Lake, but which would only be pOSSible with assistance from the City. Mr. Young advised their plan was to ~ump the lake water uphill thru a drainfield of 200. in length and then from process of percolation drain back into the lake; That they were requesting financial assistance from the City up to $500.00 for a six month period, a pump and non-clog meter capable of pumping 100 gallons per minute with the pump being connected to power supply paid by the City and the necessary city crews to install the drainfield, and would like to start the project as soon as possible. Upon inquiry to the City Manager, Council was advised it would be necessary for him to check with the Director of Public Works as to availability of a pump and meter and schedule of the city work crews, etc. Councilman Beals suggested that City Manager Hopkins also meet with members of the Kiwanis . . MINUTBS N9 734 Conservation Committee for their thoughts on the project. This matter was then referred to the City Manager and he was requested to report back to the Council before any action is taken. Mr. Sam Mazzotta of the Lake County Planning Department ap~eared before Council to answer any questions which they might have regarding ~he Department.s request to the City for financial assistance in. developing a countywide pollution abatement program. Based on a per capita basis, their request was assistance in the amount of $19nq.42 from Clermont. with the understanding that a portion or possibly all would be returned to the City if private industry, wh1ch had also been so11c1ted, came through with the necessary funds. Motion was made by Councilman Beals and seconded by Councilman VanderMeer that funds in the amount of $1909.42 be allocated from surplus. payable to the Lake County Planning Department. Upon roll call vote on passage of the motion. the result was: Ayp.s: VanderMeer. Cochran. Watson and Beals, Total Ayes: Four. Nayes: Smith. The motion carried. Mr. Don Ware, co-proprietor of the Crest Restaurant and Lounge. appeared before Council and submitted an Ordinan~e to them for their consideration wherein Section 3-4 of the Code of Ordinances would be amended providing for the hours of sale of. alcoholic beverages (for tbose establishments qualifying under~Section 3-4) between the hours of 12 o.clock midnight on Sunday and 2 o.clock a. m. on ~onday and every day thereafter from 7 o.clock a. m. till 2 o.clock a. m. Mayor Smith inquired if any member present wished to introduce the Ordinance. there being no reply, the matter died for lack of introduction. City Manager Hopkins submitted his report both orally and written, and a copy is attached hereto. With regards request of the City Manager for authorization to submit grant application to the 4th Regional Planning Council on behalf of the Clermont Police Department for a new communications system and related items, motion was made by Councilman Cochran. seconded by Councilwoman Watson and carried, that this request be granted. With regards notice from the City Manager of the Pu~lic Hearing to be held by the Public Service Commission on Wednesday, May 12th. with regards the Seaboard Coastline Railroad Company.s proposal to dualize the Clermont and Groveland freight stations. motion was made by ebuneil~an.'8ea~s. seconded by Councilman VanderMeer and carried that the City Manager appoint a representative to appear at the hearinq in opposition to this proposal by the railroad company. City Controller Fleming submitted a written report on the sewer construction fund investments and Draw No.1 made by the consulting engineers. Michaels-Stiggins. Inc. Mayor Smith reported on the recent trip to New York by himself and Mr. and Mrs. Langley for the Sewer Bond Validation Meeting, such trip being made as guests of the Bonding Company. Mayor Smith further reported on the excellent job which he felt Mr. Hopkins had fulfilled as City Manager since his employment as City Manager on January 1st. Councilman Cochran reported on recent articles appearing in the Lake News Section of the Orlando Sentinel wherein he had been misquoted. and, a seemingly one-sided report with regards a study desired to be made of the marsh area lying just west of the city as to its potential for an Air Park, a bird sanctuary. a marina. etc. Mr. Cochran e . MINUTBS N9 735 further stated he felt it unfair that a Committee appointed by Council to investigate the possibility of getting a professional study made of this area, had not been contacted and afforded an opportunity to express what ideas they had in mind and desired to have a study made of. for that area. thereby presenting a full story for publication. City Attorney Langley reported the apparent misunderstanding of many persons as to the necessity for creating a ~outh Lake Airport Authority. and he wished to advise that this action is necessary in order to present to the FAA a legally recognized entity ~efore that office will take any action. Councilman Beals reported he was opposed to recent editorials appearing in the Lake News Section of the Orlando Sentinel as pertaining to the Clermont Area and more specifically the recent one which was highly critical of a fellow Councilman. Mr. Cochran; that he found Mr. Cochran to be of good and conscientious character and worked with the betterment of Clermont in mind; That with reference to a Councilman questioning the spending of Chamber of Commerce funds as being out of line. he felt any member of the Council to be a proper person to question such. Mrr George Dupee advised Council that he had been appointed as liaison representative from the Chamber of Commerce to the Council and invited any questions which they might have. Motion was made by Councilman Beals. seconded by Councilman Cochran and carried that the bills be paid. City Clerk Carroll read communications as follows: From Col. Richard W. Waters wherein he thanked the Mayor and members of the Council for his appointment as Second MuniCipal Judge; From Lawson L. Wolfe. President of the Board of Directors of the Chamber of Commerce wherein he expressed appreciation for cooperation and financial assistance to the Chamber and expressed hope for a still better relation- ship in the future. .Mr. Wolfe still further advised that the Chamber would be able to assume full responSibility of the secretary.s salary effective November 1. but still continue to be res'onsi~~ for the booking. collecting and reporting on activities in the Jenkins building. Councilman VanderMeer introduced AN ORDINANCE ADOPTING THE 1967 SOUTHERN STANDARD PLUMBING CODE AS AMENDED AND STATING SPECIFIC EXCEPTIONS . and the Ordinance was read in full for a first reading. Councilman Beals introduced and moved the adoption of AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLER~ONT, FLORIDA. SETTING FORTH THE PROCEDURAL REQUIREMENTS CONCERNING THE CONNECTION OF PROPERTY OWNERS SEWER SYSTEM TO THE CITY OF CLERMONT SANITARY SEWER SYSTEM AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF and the motion was seconded by Councilman Cochran and the ORDINANCE was read in full. 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 Emergency Ordinance was adopted. the ~umber 34-M assigned to it and a copy ordered posted. Councilman Cochran introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT. FLORIDA. SETTING FORTH THE PROCEDURAL REQUIREMENTS CONCERNING THE CONNECTION OF PROPERTY OWNERS SEWER SVSTE~ TO THE CITY OF CLERMONT SANITARV SEWER SYSTEM AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF and the ORDINANCE was read in full for a first reading. e MINUTBS . N9 736 City Attorney Langley submitted an opinion to Council wherein he ., .:' believed the City to be in error in quitclaiming its interest in certain property on Lake Winona which included a portion of beach front under easement from the City to R. M. Frye for Many years. It was consensus of Council that the City Attorney be authorized to contact the deed-holder. Mr. Lynn Brotherson in an attempt to settle the matter. With regards the recommendation of the Clermont Planning and Joning Commission, motion was made by Councilman VanderMeer. seconded by Councilwoman Watson and carried that the City Manager be authorized to enter into an agreement with the Lake County Planning Oepartment for professional planning services at an annual retainer fee in the amount of $500.00. Wtth regards some property owners desiring additional sewer laterals to their property. motion was made by Councilman Cochran, seconded by Councilman VanderMeer and carried that the recommendation of the Engineers to the effect that this he on an individual basis between the property owner and the Cons.tructi on Company, be accepted. With regards the matter of re-sodding certain properties following sewer system construction. this matter was referred to the City Manager to obtain additional information. Councilman Beals inquired of City Manager Hopkins as to any success of his request to the puhlisher of the Lake News to discontinue the present method of delivering the Lake News in Clermont. Mr. Hopkins reported he had been assured of cooperation, but that to date it was still being delivered as before and that he would again contact them. Mayor Smith reported that officials of First Federal wp.re offering for sale to the City, the furnishings located in the First Federal offices at a cost of $4154.73. and that he and City Manager ~opkins had inspected the furnishings and found them to he in excellent condition. It was consensus of Council that this matter be referred to the City Manager for negotation with officials of First Federal and report back to the Council. The meeting was adjourned by Mayor Smith. ~C~d;t 00 . ~m t . I ayor