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07-25-1972 Regular Meeting . .. M J NUT E S REGULAR MEETING No. 827 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, July 25, 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 Schroede1. Other officials present were: City Manager Hopkins, City Clerk Carroll, City Attorney Langley, Director of Community Services Smythe and Chief of Police Tynda1. Others present were: The Messrs. Phil Edwards, Henry Czech, E. L. Schumann, Don Ware, J. M. VanderMeer and Herman Potash. A representative of the Orlando Sentinel was also present. The Invocation was given by Councilman Beals, followed by repeating of the Pledge of Allegiance in unison by those present. Mayor Smith announced the first order of business to be a Public Hearing to consider request of Herman Potash for the closing of all that portion of an unnamed street adjacent to Lake Dot that lies southeast of a line formed by the northwest corner of Block 59 to a point on the 1akeshore of Lake Dot that is South 45 degrees, west of the northwest corner of Block 59 and lies northwest of a line extended due west from the northwest corner of Lot 6, Block 60 to the 1akeshore of Lake Dot, and, All that part of Broome Street from the western right-o-way of Fifth Street to the 1akeshore of Lake Dot. Upon inquiry to Mr. Potash if he had a survey to submit of the property described in his request, he replied that he only had a survey of the abutting property, which he owns. Mr. Henry Czech questioned Council taking any action on such a request not knowing how much property was involved inasmuch as there was no survey submitted and the recorded plat does not reflect that dimensions of this undeclared/unnamed street. It was the opinion of Councilman Schroede1 that the portion of Broome Street which Mr. Potash had requested to be closed, should be left open in that it would be needed to aid traffic flow from 8th Street to East Avenue, should the portion between Fifth and East be constructed. It was consensus of Council that no action be taken on this request until such time as Mr. Potash obtains a survey of the area showing the lake's mean high water mark, at which time Mayor Smith declared that this hearing be continued. Mayor Smith announced that Council would now consider the request of officials of the Church of God by Faith for the closing of that portion of the Unnamed ten foot alley lying south of the northeast corner of Lot 14, to the southeast corner of Lot 15, all within Lincoln Park Subdivision. There was no one present who voiced objection to this request. City Manager Hopkins advised that a survey of this property had not been submitted, however, the dimensions showing the beginning and the terminus of the property appears on the recorded plat, and, that the Church of God by Faith, Inc. owned the property on either side. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that this request be granted and the City Attorney be requested to prepare the necessary Ordinance for introduction at the next meeting. Mr. Don Ware, owner of the Crest Restaurant and Lounge, appeared before Council and requested permission to remain open to sell alcoholic beverages unttl 2:A.M. seven days a week. It was consensus of Council that in view of increased competition from neighboring communities who had allowed extended closing hours, and the proposed influx in the near future of hotel/motel type complexes which would offer still further competition, that this request be granted. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the City Attorney be instructed to prepare the necessary Ordinance. Councilman Smoak introduced AN ORDINANCE AMENDING SECTION 3-4 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA: DEFINING THE HOURS OF SALE OF ALCOHOLIC AND INTOXICATING BEVERAGES: PROVIDING ADDITIONAL HOURS OF SALE OF ALCOHOLIC AND INTOXICATING BEVERAGES WITHIN CERTAIN ESTABLISHMENTS: PROVIDING DEFINITIONS and the ORDINANCE was read in full for a first reading by the City Attorney. Mr. Phil Edwards, Lake County Pollution Control Director, appeared before Council and urged that they join the proposed Ok1awaha River Basin Improvement Council. Upon inquiry to Mr. Edwards as to what this proposed new council could offer . . MINUTES NQ 828 that existing authorities and/or commissions could not, he replied that they would be able to allocate funds. Councilman Beals reported that he had received a complaint with regards a house trailer being parked in a residential area, and inquired of the existing regulations pertaining to such. He was advised of existing Ordinance No. 46 which allows temporary parking for a 72 hour period, with permission, but that it had not been strictly enforced. Mr. J. M. VanderMeer advised Council that Lake County has an Ordinance pertaining to trailers which allows them to be parked in residential !reas, but restricting them to be parked in either the side or rear yard. It was consensus of Council that the City Manager obtain a copy of this Ordinance for their study and consideration and possible adoption of a similar one. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 80 BY DELETING THERE- FROM THE PHRASE IIWHO SHALL BE A QUALIFIED ELECTOR OF THE CITYII AND SUBSTITUTING ,- THEREFOR THE FOLLOWING PHRASE IIWHO SHALL BE A RESIDENT OF LAKE COUNTY, FLORIDAII and the Ordinance was read in full for a first reading by the City Attorney. Councilman Schroede1 offered and moved the immediate adoption of, under emergency measures, AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 80 BY DELETING THEREFROM THE PHRASE IIWHO SHALL BE A QUALIFIED ELECTOR OF THE CITYII AND SUBSTITUTING THEREFOR THE FOLLOWING PHRASE IIWHO SHALL BE A RESIDENT OF LAKE COUNTY, FLORIDAII and the motion was seconded by Councilman Smoak. The ORDINANCE was read in full by City Attorney Langley and upon roll call vote on passage of the motion, the result was: Ayes: Smoak, Smith, Beals, Watson and Schroede1. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 76-C assigned to it and a copy ordered posted. There was considerable discussion with regards the Frye/Brotherson matter, and Councilman Smoak reported that Mr. Brotherson had agreed to deed back to the city the seventy five feet of property in question in return for an easement over same and a deed to twenty feet of the West Avenue right-o-way. Mr. Smoak further reported that Mr. Frye had advised him that nothing would be acceptable with him except a deed to the seventy five feet. In order to resolve the matter, it was the suggestion of Councilman Smoak that Council consider reducing the West Avenue right-o-way from its present one hundred feet to sixty feet from Seminole Street to Chestnut. City Manager Hopkins was requested to find out where the present street lies in the right-o-way and report back to Council. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Dolores W. Carroll, City Clerk