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03-14-1972 Regular Meeting e e MINUTES REGULAR MEETING No. 799 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 14, 1972. 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 Smoak, Beals and Schroedel. Other officials present were: City Manager Hopkins, City Clerk Carroll, City Controller Fleming, City Attorney Langley, Director of Community Services Smythe. Director of Building Nagel, Director of Public Utilities Asbury and Chief of Police Tynda1. Others present were: Miss Lucille Wright; Mesdames Rosemary Young, Rebecca Anderson, Louise Cole; Mr. and Mrs. Thomas Cashwell, Mr. and Mrs. John Au11, and the Messrs. Fred Schroede1, Ray P. Cochran, Henry Czech, David Wright, Hubert Harris, Leonard Witte, Jack Little, James Fares, Dr. T. D. Weaver and Dr. Paul W~tson. The Invocation was given by Councilman Beals, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Special Meeting held on March 7, 1972 were amended as follows: Prior to Council's action of re-zoning Blocks 5 and 8 in Woodlawn Subdivision, inquiry was directed to Mr. Potash as to his tentative date of construction in that area, and that he had replied, IIImmediatelyll. The minutes were then approved as amended. Mayor Smith announced the first order of business to be a Public Hearing to consider request of Thomas Cashwell for a change in Zoning of the south 90 feet of Lots 7 and 8 in City Block 60, from the existing C-1 to a C-2 zone in order to operate a Used Car Sales in that location. Councilwoman Watson reported to Council that if her interpretation of Section 26-10 of Appendix A-Zoning Ordinance now in effect, be correct, a change in zoning would not be necessary in order to operate a Used Car Sales in that area, and she inquired of City Attorney Langley for a legal opinion. City Attorney Langley read the Section of the Zoning Ordinance as referred to and state that such business would be allowed in this location without a change in the zoning classification, and that he would submit his opinion in writing to the City Manager. Mr. Cashwell was present and thereby advised. In order to complete the formal request as had been submitted by Mr. Cashwell for a change in zoning, motion was made by Councilman Beals, seconded by Councilman Smoak and carried that this request be denied. Mayor Smith announced the next order of business to be a Public Hearing to consider request of Highcast1e, Inc. for a variance of 2' 1011 in the sideyard setuack in order to construct a residence on Lot 1 and the S~ of Lot 2 in Highland E~tates Subdivision. Mr. Leonard A. Witte, President of Highcast1e, Inc. was present at the meeting and had previously submitted this request in writing to the Council along with a sketch of the proposed location and desired variance. There was no one present who voiced objection to this request. Motion was made by Councilman Schroede1, seconded by Councilman Beals and carried, that this request be granted. Dr. T. D. Weaver, representing the Airport Study Committee, who were also present, appeared before Council and inquired if Council would establish an Airport Authority in order that they might approach the FAA with regards establishing an airport in this area; that the FAA required an officially designated board/legal entity of a municipality and/or county before they would consider negogiations and/or planning. Following considerable discussion, motion was made by Councilman Smoak, seconded by Councilman Schroede1 and carried that a letter of authority from City Manager Hopkins be given to the Airport Study Committee, addressing Mr. James Fares as President, to act as representatives in negogiating with the FAA in a fact finding situation for an airport in the Clermont area, but without authorization to enter the City of Clermont in any binding contracts. CityMirnger Hopkins submitted his report both orally and written and a copy is attached hereto. With regards the City Manager1s request for authorization to proceed with making changes in the traffic pattern in the South Lake Memorial Hospital area, it was consensus of Council that this matter be handled by the City Manager. City Attorney Langley reported he had been advised that due to a government administra- tive error, the final closing on the recent bond sale to the Federal Government would not be accomplished by April 13th as previously thought, thereby making it necessary for Council to arrange for additional interim financing. Mr. Langley further reported that he had just completed successful negogiations with one of the remaining four . e MINUTES NQ 800 condemnation suits necessary for the sanitary sewer construction. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the bills be paid. Councilman Schroedel, liaison representative to the Cooper Memorial Library, reported as follows: That he had attended their board meeting on March 13th and that it was reported a total of 23,000 books had been loaned from the Library during the past year; that they were proposing an addition to the Library in the amount of $70,000, one half of which would be supplied by them and hopefully the remaining one half to be from a federal grant from which they had made application for, and that the Board was most appreciative to Council for the surplus furniture given to them. Councilwoman Watson reported on the Greater Clermont Chamber of Commerce meeting which she had recently attended in that she was very impressed with the newly elected Board of Directors and felt the Chamber would be a great asset to the City. Mrs. Watson further extended a reminder and invitation to Council to attend the Chamber sponsored Orange Blossom Festival to be held on Wednesday, March 15th. Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER TH~ CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA CLOSING AND FOREVER ABANDONINr- ALL THAT PART OF MAIN STREET LYING SOUTH OF DIVISION STREET AND NORTH OF GRAND HIGHWAY: ALL THAT PORTION OF GALENA STREET LYING NORTH OF GRAND HIGHWAY: AND THAT PORTION OF CENTER STREET AND NORTH STREET THAT LIE WITHIN EDGEWOOD SUBDIVISION, ALL WITHIN THE CITY LIMITS OF CLERMONT, FLORIDA and the motion was seconded by Councilwoman Watson and the ORDINANCE was read in full for a second and final reading by City Attorney Langley. Upon roll call vote on passage of the motion, the result was: Ayes: Schroede1, Watson, Beals, Smith and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 45-M assigned to it and a copy ordered posted. City Manager Hopkins read in full AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, DELETING SECTION 6 of ORDINANCE 60-C FROM THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA which had been introduced and read for a first reading on February 22, 1972. It was the opinion of Councilman Smoak that inasmuch as the city water system is the major revenue producing entity of the city, that Clty water should be made available to all single family home/residence building lots without cost to the intended resident owner and he thereupon moved that this proposed ORDINANCE be rejected as written. The motion died for lack of a second. It was the opinion of Councilman Beals that inasmuch as it was the recommendation of the City Manager that this ORDINANCE be adopted, he would concur and thereupon moved the adoption of the ORDINANCE. The motion died for lack of a second. In order to expedite the matter one way or the other, motion was made by Councilwoman Watson, seconded by Councilman Schroedel and carried, with Councilman Smoak voting Naye, that the matter be tabled pending further study. City Manager Hopkins requested May Smith to call a workshop session of Council in the very near future to consider policies, rules, regulations, etc. which they would determine need to be incorporated into Ordinances with regards extending water and sewer lines within the city limits as he anticipated numerous requests in the near future for such services. This request was granted and Mayor Smith called a workshop session of Council to be held following the next regular council meeting to be held on March 28th. Councilman Beals, introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING ORDINANCE NO. 126 BY CHANGING THE ZONING OF BLOCKS 5 AND 8 IN WOODLAWN SUBDIVISION FROM R-2 to R-3 ZONING CLASSIFICATION and the ORDINANCE was read in full for a first reading by City Attorney Langley. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR THE IMPOUNDING OF VEHICLES: PROVIDING FOR THE NOTICE OF IMPOUNDING: PROVIDING THAT PERSONS IN CHARGE OF GARAGES SHALL BE REQUIRED TO REPORT VEHICLES INVOLVED IN ACCIDENTS: PROVIDING WHEN PERMITS ARE REQUIRED FOR PARADES PROCESSIONS AND SOUND TRUCKS: PROVIDING FOR AN EFFECTIVE DATE and the ORDINANCE was read in full for a first reading by City Attorney La~gley. Councilwoman Watson introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING ORDINANCE NO. 126 BY OMITTING A CERTAIN DEFINITION UNDER ARTICLE III AND SUBSTITUTING IN ITS PLACE A NEW PROVISION AND OMITTING . . MINUTES NQ 801 EXISTING USE PROVISIONS UNDER ARTICLE VI AND PROMULAGATING NEW USE PROVISIONS and the ORDINANCE was read in full for a first reading by Attorney Langley. There was considerable discussion among Council with regards inquiry from the Board of County Commissioners for an expression from Council on the request of the State Fire Marshal to allow unattended self-service gasoline stations in the State of Florida and the statement that the Board of County Commissioners is presently considering a county ordinance to prohibit such stations in the county. Councilman Beals stated that inasmuch as it appeared to be the intent presently Qf Council to oppose such a request, he moved that City Manager Hopkins be instructed to so advise the Board of County Commissioners, and the motion was seconded by Councilwoman Watson. Prior to voting on the motion, Mrs. Watson withdrew her second and the motion thereby died for lack of a second. City Manager Hopkins reported he had received a request from David A. Lofgren, Principal of Clermont High School, to sponsor a dance (The Junior~Senior Class Prom) in Jenkins Auditorium on April 15, 1972 from 8:00 P.M. to 12 midnight. Motion was made by Councilman Schroede1, seconded by Councilman Smoak and carried that this request be granted provided that all rules and regulations pertaining to dances held in the Auditorium are met. Mayor Smith called a SPECIAL MEETING of the City Council to be held on Monday, March 20, 1972 at 5:00 P.M. in the office of the City Manager to purge the Registration Rolls and prepare the ballot box for the Special Election to be held on Mar~h 21,1972. City Clerk Carroll submitted the following listed names of persons to be appointed by Council to serve on the two Election Boards for the Special City Election to be held on Tuesday, March 21st and requested that she be authorized to make substitutions without further Council approval should any of these listed be unable to serve. Motion was made by Councilman Schroede1, seconded by Councilman Smoak and carrried that this request be granted. Poll at Police/Fire Station Clerk: A. M. Johnson Inspectors: Marion Fleming B1 anche Hanks Ethel Weber Goldie Wilson Officer of the Day: A. B. Broyles Poll at Allbright Realty Clerk: Jan Thompson Inspectors: Lillian Cork I:ouise Ream George Weber Sam Bra tton Officer of the Day: R. W. Douglas City Manager Hopkins and Fire Chief Smthye reported to Council of an Offer for Sale by the Leesburg Fire Department to any municipality in Lake Coynty of a well equipped fire truck at an approximate cost of $5,000.00, and that they recommended that Council consider such a purchase. It was consensus of Council that the Manager and the Fire Chief be authorized to further consult and negogiate with the Leesburg Fire Department regarding this matter and report back to Council. The meeting was adjourned by Mayor Smith ~r~~ Don E. Smitn, Mayor 19AMd 1 ~,,~~ Do ores W. Carro 1, C ty Clerk