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01-09-1973 Regular Meeting e e e e MINUTES NQ 865 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 9, 1973. 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 Schroede1, Beals and Smoak. Other officials present were: City Manager Hopkins, City Clerk Carroll, City Controller Fleming, Director of Community Services Smythe, Chief of Police Tynda1, City Attorney Langley and consulting engineers, Messrs. Westbrook and Rapa1je. Representatives of the Orlando Sentinel and the local Press were also present as well as a large group of interested persons from the Lake Minnehaha Chain-o-Lakes and Minnehaha Shores area. The invocation was given by former Council member, Mr. J. M. VanderMeer, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held on December 26, 1972 were approved as written. Mayor Smith advised the first order of business to be a Public Hearing to consider proposed construction and maintenance, with all appurtenances, of a sanitary sewer system in the Lake Minnehaha Chain-o-Lakes and Minnehaha Shores area. City Manager Hopkins reported that basic plans had been completed and notices of front foot assessments based on $4.00 per front foot had been mailed to the property owners in this area. Messrs. Westbrook and Rapa1je were present and answered numerous questions from persons present with regards these assessments, proposed location of the lines, etc. It was determined during this hearing that the following errors had been made in the proposed assessments and were to be changed: Eddie Purvis: To be reduced from 50.121 to 501 Franklin G. Bushey: To be reduced from 175' to 150.061 Jan Thompson: To be reduced from 315.83' to 3001 Thomas J. George: To be increased from 218.95' to 231.51 Mayor Smith declared the Public Hearing closed and it was consensus of Council that the City Attorney proceed with the necessary drafting of Ordinances/Resolutions ~ confirming the assessments. Councilman Beals offered and moved the adoption of 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 BEIGHT REQUIREMENTS, ESTABLISHING SETBACK REQUIREMENTS FOR MOBILE HOME PARKS AND CHANGING REQUIREMENTS FOR OFF-STREET AUTOMOBILE PARKING and the motion was seconded by Councilman Schroede1. The ORDINANCE was read in full for a second and final reading by Councilman Smoak 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 a~opted, the number 8l-C assigned to it and a copy ordered posted. Motion was made by Councilman Smoak, seconded by Councilwoman Watson and carried that the bills be paid. Mr. Martin J. Graham, developer of the Winn Dixie Shopping Center, appeared before Council and requested that the city extend a credit in the amount of $7,575.00 toward the first tax payment due in order that he might install the necessary drainage improvement at the shopping center, which he did not have the necessary monies for~ City Attorney Langley advised that the city could build such a drainage system at their own expense, but that it would be unlawful. to extend either director:i'ndirect tax credits. It was consensus of Council that inasmuch as this was a problem derived from private property development and in order to refrain from setting a precedent toward proposed future private developments, that no relief could be offered by the city. Motion was made by Councilman Smoak, seconded by Councilman Beals and unanimously carried that Mr. Graham's request be denied. . e e . MINUTES NQ 866 City Attorney Langley reported that the week of January 23rd had been set for condemnation hearings, but that he hoped all would be settled out of court. He further reported that the final judgment had been rendered this date on the Bond Validation. Mayor Smith extended a welcome to the many persons who were present and encouraged them to attend future meetings. Councilwoman Watson extended thanks and appreciation to fellow council members for their cooperation during her term as a council member and advised that it had been a.n informative, educational and pleasant two year term and she wished them a very successful year. Mayor Smith gave a like response to Mrs. Watson and upon suggestion by Councilman Beals that it would be most appropriate, presented to her, her nameplate used at council meetings. Councilman Smoak reported briefly on his attendance at the Ok1awaha River Basin Improvement Council meeting on January 5th. Councilman Schroede1 reported briefly on his attendance at the Cooper Memorial Library Board meeting. He advised that their annual fund raising drive is now underway with hopes to raise enough funds to purchase many new books and records and other equipment not included in the normal operating budget, and, that they are proceeding with plans for expansion of the Library. Councilman Smoak reported that Radio Station WWFL had offered to record council meetings and replay portions of the meetings over the air as a community service provided the city would purchase the necessary tapes and at a cost of less than $10.00 per meeting. The meeting was adjourned by Mayor Smith. Immediately following adjournment of the Regular Meeting, the Oath of Office was administered by City Clerk Dolores W. Carroll to Mayor/Councilman Don E. Smith, and Councilmen Charles B. Beals and Carlisle A. Byrd, Jr. for a two year term. ------------------------------------------------------------------------------------------ ORGANIZATION MEETING Immediately following the seating of incumbents Mayor Smith and Councilman Beals, and newly elected Councilman Byrd, Mayor Smith called the meeting to order. Mayor Smith reminded Council of the Board and Commission Appointments to be made and urged that they be considering persons for reappointments and/or new appointments. Mayor Smith further advised that it was ncessary that the appointments of the municipal judges be made immediately. Motion was made by Councilman Smoak, seconded by Councilman Schroede1 and unanimously carried that R. W. Waters and John W. Parks be reappointed to the offices of Municipal Judge and Second Judge, respectively, for a one year term and that their salaries be set as allocated in Budget Ordinance No. 50-M. Mr. Don B10ebaum, owner of the Highland Inn and Lounge, appeared before Council and requested an extension of the closing hours to 2:00 A.M. six nights a week. Mr. Bloebaum was advised there was no existing Ordinance which allowed establishments selling and/or serving alcoholic beverages to remain open past 12 midnight which had seating capacity for less than 200 people, square footage of less than 4000 feet and not having food available at all times, and that these establishments which met all these requirements were allowed to remain open until 2:00 A.M. seven days per week. Mr. B10ebaum advised that Highland Inn could meet the seating capacity and that ready prepared food was available at all times, but that this building was short of the required square footage, however, he was not requesting a 7 day extension, only for 6 days. Councilman Beals advised that he felt these restrictions of so many square feet and seating capacity to be discriminatory and should be stricken, however he would not favor Sunday openings for those places not serving meals and thereupon moved . e e . MINUTES NQ 867 that an Ordinance Amendment be drawn wherein the footage and seating capacity requirements would be deleted but providing that only those licensed restaurants with beverage licenses be allowed to serve alcoholic beverages in conjunction with meals. The motion died for lack of a second. Councilman Beals thereupon moved that City Attorney be instructed to prepare the necessary Ordinance Amendment to Ordinance No. 77-C whereby the required square footage and seating capacity would be deleted. The motion was seconded by Councilman Smoak and upon roll call vote on passage of the motion, the result was: Ayes: Schroede1, Beals, Smith and Smoak. Total Ayes: Four. Nayes: Byrd. The motion carried. Upon inquiry by City Manager Hopkins as to whether or not such proposed Ordinance be published prior to passage, there was no action taken. Mr. John Harder, representing the Greater Clermont Chamber of Commerce, appeared before Council with a presentation and proposal of constructing a recreational pavilion at the Jaycee Beach at an approximate cost of $6,000.00 for a structure 40' x 60' and 101 feet high.c with $5,000.00 of this cost having been donated by the First Federal Savings and Loan of Tampa, Clermont Branch, and that upon completion of the project that it be turned over to the city for ownership and maintenance. Council expressed their deep gratitude for the project to both the Chamber of Commerce and the First Federal, whereupon motion was madebby Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the city would accept and maintain the building and give any help needed in the project. City Manager Hopkins reported that he had received a request from the Clermont High School F.H A to hold a teenage dance in Jenkins Auditorium on March 17, 1973 from 8:00 P.M. to 12 midnight with the chaperones listed as Mrs. Ohnstead and Miss Williams, Teachers, and parents of the FHA members. Motion was made by Councilman Schroede1, seconded by Councilman Smoak and unanimously carried that the request be granted provided all rules and regulations pertaining to dances held in the Auditorium are met. City Manager Hopkins reported the legislative delegation public hearing to consider requests for changes in charters and local bills would be held on Thursday, January 25th. Mayor Smith called a Special Meeting of Council to be held on Tuesday, January 16, 1973 in the office of the City Manager at 7:30 P.M. to consider and draft any changes which Council would want to present to the legislative delegation, to interview applicants for the position of City Attorney, and to consider certain aspects of the sanitary sewer system. Councilman Beals advised that he proposed to appoint City Manager Hopkins as the alternate representative to OEO and inquired if Council would ratify his selection. There were no Objections registered. Motion was made by Councilman Smoak, seconded by Councilman Byrd and carried that Councilman Beals be appointed to serve as Mayor Pro-Tem. The meeting was adjourned by Mayor Smith. I.~JAA-'.J l/l ~ Do ores W. Carroll, City Clerk ~E.C~