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12-26-1972 Regular Meeting . . MINUTES NQ 861 REGULAR MEETING A Regular meeting of the City Council of the City of C3'ermont was he1:l in the Council Chambers on Tuesday, December 26, 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 Beals and Smoak. Absent: Councilman Schroede1. Other officials present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Langley and Chief of Police Tynda1. Others present were: Mr. and Mrs. Willis B. Perry and the Messrs. Henry Czech and Ray P. Cochran. The Invocation was given by City Attorney Langley, followed by repeating of the Pledge of Allegiance in unison by those present. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the Minutes of the Regular Meeting held December 12, 1972 and of Special Meetings held December 18th and December 20, 1972 be approved as written. Mr. Ray P. Cochran appeared before Council and requested clarification on side-yard setbacks, and, a variance to be utilized sometime in the future to install a fence on his property within one foot of his property line and possibly a small structure in the same area. Council explained side yard setback requirements to Mr. Cochran (detailed in the Zoning Ordinance) and advised that it is permissible to install fences on property lines (detailed in Fence Ordinance No. 69-C). Council still further advised Mr. Cochran that in order to request a variance it would be necessary that he first apply for a building permit showing type, size, cost and location of proposed structure and if same is turned down he could then post the necessary $10.00 fee for publication and request that Council schedule a public hearing to consider a variance request. Mayor Smith announced the next order of business to be a Public Hearing to consider an amendment to the Zoning Ordinance providing for living units in conjunction with businesses in commercial districts. There was no one present who commented on the proposed amendment. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried th.at the City Attorney be instructed to prepare an amendment to the Zoning Ordinance to provide for the following as a conditional use in the C1 and C2 zones: J Living quarters sufficient to support the operation of a business on the premises; such living unit shall be an integral part of the principal business structure and secondary to the business operation. It was the recommendation of City Manager Hopkins that available funds in the Equipment Replacement Fund be transferred to the General Fund in order to purchase a much needed asphalt distributor at a cost of $1750.00. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the recommendation of City Manager Hopkins be accepted and he be authorized to purchase the asphalt distributor. City Attorney Langley reported as follows: That he and Controller Fleming had presented an application to the Florida Air and Water Pollution Board in Tallahassee on December 19th with regards possible allocation of loan funds for sewer line extensions, and that they had received approval of the basic application: That the granting of 1akefront easements be held in abeyance pending further court decisions on like cases now on dockets, and that he would advise Messrs. Frazier and Rocker, whom had made application for easements. Councilman Smoak inquired of City Attorney Langley of any outstanding sewer easements, and he was advised there were only four who had not executed easement agreements. Councilman Beals, Council IS representative to the OEO Board, advised there was need for an alternate to be appointed and inquired if . . MINUTES NQ 862 Council could suggest someone. It was consensus of Council that this matter be postponed until the Organizational Meeting of the new Council to be held on January 9th. Councilman Smoak inquired of City Manager Hopkins as to cost estimates for a recorder to be used at Council meetings, and he was advised that Roberts TV was to get these figures for him and that he would again check with them. Councilwoman Watson reported that she had received several complaints with regards the intersection of 7th and Montrose Streets being a dangerous intersection with the traffic control lite located there being used as a blinker, and thereupon moved that the lite be reinstated to STOP and GO. The motion was seconded by Councilman Smoak and unanimously carried. It was the recommendation of Mayor Smith that appointment of a successor to City Attorney Langley be withheld until such time as any possible condemnation suits with regards the sanitary sewer system construction have been finalized as well as the sewer revenue bond refunding. The matter of releasing funds due Michae1s-Stiggins, Inc. for engineering services on the sanitary sewer project was discussed at length by Council, with City Manager Hopkins reporting numerous outstanding problems which had not been resolved nor indication shown by the engineers that solutions were being sought. Motion was made by Councilman Smoak and seconded by Councilman Beals that the City Manager itemize the outstanding problems and submit to Michae1s-Stiggins, Inc. accompanied with a check in the amount of $10,000.00 and advising them that upon approval of the Operation & Maintenance Manual an additional $40,000.00 shall be paid, and still further when it becomes evident to Council that satisfactory progress is being made toward solution of the remaining problems, the remainder of monies due shall be paid. Upon roll call vote on passage of the motion, the result was: Ayes: Smoak, Smith, Beals and Watson. Total Ayes: Four. Nayes: None. Absent Schroede1. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING APPENDIX A ZONING ORDINANCE FOR THE CITY OF CLERMONT, FLORIDA, UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR NEWLY ANNEXED PROPERTY, ADDING A PROVISION FOR SITE PLAN APPROVAL OF TOWNHOUSES AND MULTIPLE FAMILY DWELLINGS, DELETING THE TABLE PERTAINING TO YARD AND HEIGHT REQUIREMENTS, ESTABLISHING SETBACK REQUIREMENTS FOR MOBILE HOME PARKS AND CHANGING REQUIREMENTS FOR OFF-STREET AUTOMOBILE PARKING AND the ORDINANCE was read in full for a first reading. The meeting was adjourned by Mayor Smith. QaM~ '0- ~JJ. Do ores W. a rro 11 , , ty C erk ~r~ Don E. Smith, Mayor