01-09-1973 Regular Meeting
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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.
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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.
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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
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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.
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Do ores W. Carroll, City Clerk
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