03-14-1972 Regular Meeting
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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
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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
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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
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Don E. Smitn, Mayor
19AMd 1 ~,,~~
Do ores W. Carro 1, C ty Clerk