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03-27-1973 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 890 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 27, 1973. The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the following members present: Councilmen Smoak, Beals, Byrd and Schroedel. Other officials present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe and Chief of Police Tynda1. Others present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe and Chief of Police Tynda1. Others present were: The Messrs. Francis Loomis, Henry Czech, John Sandargas, Mark Minnick, C. A. Mangold and Nick Jones. Representatives of the local Press were also present. The invocation was given by Councilman Beals, 1I0ur heavenly Father we pray for thine guidance and direction and we thank Thee as we prepare once again to meet and transact the business of Clermont. We thank Thee for the many privileges and opportunities that are ours and pray that we may never take them for granted. We ask these things in Christ's name, Amen,1I followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Special Meeting held on March 19, 1973 were approved as written. The Minutes of the Regular Meeting held on March 13, 1973 were corrected as follows: {P2, Para. 3} IIMayor Smith thanked Mr. Jones for the presentation~ndE!xprE!~?Jons were made by Mayor Sm~i th and Counc 11 man Beals U tha t they had no obj ect ions to en~~rs i ng the p1arisuas submittedll. The Minutes were then approved as corrected. ~or Smith: IIAt this time weill have the Public Hearing for a variance request by JOlln Sandargas of the Minnehaha Trailer Park - will you come forward, p1ease.1I Sandargas: IIMembers of the Council I am asking permission to be able to use part of the setback so that I can place larger trailers/mobile homes on this. At the present time we already have one trailer which has been setting there for quite a few years already on this setback which is on a 25 foot setback that is required by the City of Clermont, this trailer is already setting 12 feet inside the setback and what I proposed - what I would like to do is to round off four more additional mobile homes and have a straight line - enclose the whole park with some type of hedge, shrubbery and make all the mobile homes completely, at least those that front on Hook Street, be enclosed with some kind of skirting and patios. At the present time, like I mentioned, there is one trailer already setting on a setback and this is why I thought possibly I could get some variance on this, and you allow me some footage - I would like to get possibly 12 like the other one so I can have a straight line and sort of beautify the park and at the same time beautify part of Clermont - especially on Hook Street.1I Mayor: Ills there anybody present that would like to speak regarding this request for a variance at the Minnehaha Trailer Park? Are there any members of the Council that would like to question Mr. Sandargas on it?1I Schroedel: IIMr. Mayor, according to our city code we cannot allow a variance unless there is a hardshipll. Sandargas: IIWe11 the hardship is-like I say-hardships are financial in any kind of business - I can possibly put very small trai1ers- this is a problem that is hard to get small trailers and it's hard to get people to live in a small trailer-my main objective is to beautify the park because like I said a lot of people thought it was an eyesore-welve done a lot of remodeling, paving the streets~trying to make it an assest to C1ermontll. Schroedelll IIHow would you get your cars in and out?1I Sandargas: IIThis was a problem that I thought of-I thought of maybe having a road going in front of them if this is allowable-if not-then I would come in from the back from one of the roads that are internal in the park-an internal road-or to have a . e e . MINUTES NQ 891 special area zoned off for parking of cars for all these tenants". Beals: IIThis is a public hearing - it's been advertised, duly advertised has itll Mayor: lilt has, hasnlt it Bob?" Hopkins: "Yes sir." sandar~as: liAs I mentioned there is already one trailer which three years ago I asked Mr. Jo nson, the former City Manager, about it and he said it was allright to place it there, 1 ater on I found out that it was the setback that was requi'red:'1I Beals: "You did get permission to" Sandargas: "Uh huh". Mr. Sheweyls trailer is setting - a part of it is setting on the setback, 4 feet of it, I measured it today." Beals: "0h, I realize that it is, but I didnlt know that you had gotten permission to do that. II Sandargas: "He mentioned that it was OK at the time." Bea 1 s: II Know1 i ng1y to set over the" Sandargas: "Uh huh." Mayor: liDo you have a letter to that effect?" Sandargas: No, this was all verbal at the time I walked in his office, because we were talking about doing away with overnite spots and make permanent trailers in there- there was a hassle about people coming and and driving in and out at all hours of the night. The thing is, on the east of the park there are no homes- all you have is a theatre and a church-the main thing is I would like to get the park somehow enclosed with some type of hedges-trees or shrubbery and beautify part of Hook Street t,~~ . b II ecause Bea1s~ "How is going over the setback allow you to" Sandargas: liThe thing that's right now at the present time if I $*~Y.t!gbt::.atdtbe edge of the setback I can put in possibly a 30 foot trailer, and I donlt know if yourlre familiar with mobile homes, 30 foot trailers are hard to get and very few people want to as thatls only a 1 bedroom. I could even get a 40 foot trailer - any kind of an allowance on the setback to utilize the setback-as long as you get a larger trailer than I can get somebody to purchase and place a trailer up there, like I say, this is income coming in for the City of Clermont for the business men because this way some of them live all year round, some are just strictly snow birds coming in for six months and then they leave for six months-you take with utilities and taxes and everything else there are some advantages to this" Beals: "0f course this is already a non-conforming use II Sandargas: "Ri ght" Beals: "And as Mr. Schroede1 mentioned, I don't know that this constitutes a hardship in the context of the codell Sandargas:"Like I said, the only that I - it's a hardship for me because like I said this will help me to pay all the expenses which I want to do-I want to modify the park - this will involve a lot of internal work and also external work which will be boarding on the rules of the city and try to get these people so that they can have a place to park maybe instead of parking on the streets which might be a hazard II . Smoak: "Thatls a question that I have - if you place 4 additional trailers there - I looked at your park this afternoon-1ate- I donlt see where you're really going to have sufficient parking space-people are going to be parking on the outside of the road there-thatls a tremendously heavy traveled road" Sandargas: !'Ihi$ I realize-I thought that at the same time if parking would be the big prob1em-I would instead of 4, maybe put in 3 and then use the oJllh'.other spot as a parking facility, in other words I can vary-instead of having 4 I can' . e e . MINUTES NQ 892 Smoak: "We11 I agree and lid like to personally compliment you on the way you've adjusted up there - interna11y- the park looks much better than it ever has in the ten years that live been here" Sandargas: "Like I said this is what I'd like to inject here-the people like the park and I like Clermont and Em trying to work with the city and at the same time need it to be an asset instead of having people complain about some of the trailers-If I could lid like to have everybody put skirting on them, but this is something that I can't enforce, but the new ones-if I could put the new ones in there, I would require that they have skirting and patios and would be all brand new trai1ers" Mayor: "I"ve got a housekeeper that lives out at the Oak Lane Trailer Park and the owner of that park forces the people to put skirts on the trailers or move out", Sandargas: ilLegally they can't do it" Mayor: "He just bluffed them into it, I suppose" Sandargas: "Must be" Beals: "He doesnlt have to allow them to stay there if they donlt do it, I wouldn't think" Sandargas: liThe ways the laws are set up right now that you really donlt have any say so, if somebody wants to move out of their trailer if you was to sell the trai1er- you canlt force them to pull the trailer out and put a new one in" Mayor: "I just heard the news on that by Paul Pickett and that question was brought up by various trailer park owners as to whether or not they could force the trailers out and the answer by Mr. Picket on this Channel 2 news -you can-if you rent to them by the week-you give them a week-if by the month-you give them a month- you can ask them to .lJIp'\eand according to the law, they have to move". Sandargas: "Wel1 this is something that I'm not aware of" Mayor: "I just happened to hear that on TV this evening" Byrd: "Wou1d it be possible to turn a smaller number of trailers in the other direction and stay within the" Sandargas: "No, it's impossible. The park originally had 52 trailers and now I'm down to 45 because live tried to give everybody more room and this would bring me up to about 48 or 49, depends on how manY trailers that I could put in-like I said- the main thing is that I do have one trailer that is setting out in the setback and I thought possibly if I can get the other ones in line I could work out some kind of a landscaping scheme" Smoak: "What do you propose to do as far as, if you lined up the 4 trailers with the existing one on the setback line, what would you propose to do to Sh:i~EHd this area from view of the existing area?" Sandargas: "Some type of shrubbery possibly 4 or 5 foot high, in other words maybe about 4 foot high or something-or a fence either way-which would be easiest to take care of and financially be acceptable to me. Now if you want to enclose that area, therels a lot of land there which is part of the right-of-way which I have to maintain-I have to cut grass-trees have to be trimmed" sln8a.k: "We all have that prob1em-everybodyls house in Clermont" Sandargas: "Right" and this is one way that would help me out a little bit financially which is a hardship-depends on which way you want to look at it" Beals: "Mr. Mayor I'd like to inquire of the Attorney if, in his opinion, this can be construed to be a hardship as far as the code is concerned: Smoak: "That's what youlre getting paid for" 'Jason: "I donlt know whether I can answer your question,.Char1ie. 11m sure that some members of the Council can propbab1y construe thisll II Any thing that anyone wants they could construe it as a hardship" IIRightll Ills there any other member of the Council that wishes to make any remarksll. Beals: .Vason: , ~ Mayor: . e e . MINUTES NQ 893 Hopkins: uMr. Mayor may I interject a couple of points here that I think Council ought to consider?1I Mayor: "Yes, certain1y." Hopkins: "Mr. Beals mentioned the fact that it is non-conforming use and I think the first thing that the Council has to consider inasmuch as it is a non-conforming use in an R2 zone is whether or not it can be expanded-that's question number one- the second question 'is-possibly a year ago when I first talked with Mr. Sandargas about this, inasmuch as on all four sides the existing mobile homes are quite close to the property line-even along Hook Street is indicated one is about 13 feet of the property line-the zoning ordinance which we apply to new mobile home parks (Poynter-Harder being the only one) requires that mobile homes be no closer than 75 feet from the centerline of exterior streets and I indicated to Mr. Sandargas that it was my feeling that inasmuch as all these mobile homes were much closer than the 75 feet from the centerline of exterior streets and that ~2 zoning required 25 foot setbacks if in fact the Council did see fit to allow him to expand the mobile home park to include the addition of mobile homes that the 25 foot setback, being a minimum, would appear to me to be more reasonable than requiring a 75 foot setback-the 75 foot setback is interpreted to be the guide that should be followed in this case, then hels 20 to 25 feet short. I don't think in my own person opinion that that guide, even thought it may legally be the one that should be followed would be the most practical because of the existing situation, I think the question to follow is whether or not he should be allowed to add 4 trailers or mobile homes and expand in a non-conforming use, so there is some question as to whether the 25 feet is the setback or 75 feet from the centerline of the street, from both a legal and practical standpoint." Beals: "Bob, you said thatls a non-conforming use in an R2 area?" Hopkins: IIYes, thatls an R2 zone. Beals: lilt abuts R1A" Hopkins: "Yes, mobile home parks are now conditional use in an R3 zone, which is two steps away" Beals: "Seems to me this is an expansion of" Sandaraas:"We11 not from what I originally had-I'm still under what I had before-I had 52n-- Beals: "But the idea of the non-conforming bit is to eventually phase something out and it seems to me this would constitute a substantial expansion" Sandargas: "Well if everyone looked at it from its original 52 to 48 or 49 - that's a reduction so if you want to look at it this way, itls a phasing out program" Beals: "But presently it's a 45 unit or whatever you want to call it mobile hom.e park and anything more than that would be an expansion" Sandargas: "Itls semantics or whatever you want to call it" Beals: "I mean at one time it was a 52 unit non-conforming use and now it's a 25". s~ndar~as: "I mean 11m trying to beautijythe thing-people don't seem to realize t at t ere was an eyesore and 11m trying to make it look decent" Beals "I appreciate that" Sandargas: "And if there is some way that I can make it look better so that you don't nave any problems from the neighbors" Smoak: "In looking at that thing this afternoon with the one trailer setting out there and the rest of the area vacant, its unsymetrica1 to say:. the 1east-I canlt see where it would really be detrimental to that area to allow this with this one exception- that it is granting a variance in a non-conforming zone, and you could have people lined up for six city blocks asking for the same thing, but in this particular situation I don't think that youlve got a hardship by definition ::.,po" .1 e e . MINUTES NQ 894 but I do think that youlve.got a legitimate right to come up here and ask what you've requested for-basically I'm in favor of granting it on past performance because the park does look better than live ever seen it-I would say that if we granted conditional use so that there is adequate parking space made available within the park to eliminate on street parking and that you do something as far as blocking out the area where you intend to put the trailers-shfubbery or a fence with a climbing vine or something- it's these sort of thin~s a lot/tlmes that everyone who comes up and asks for- say that that is what they lntend to do and then they plant two strawberry bushes and let them die""when you question them, they say "we11 I did plant them but they died", so I donlt know if itls in the legal rights of the Counci to grant a variance on a conditional use-I don't believe it is-what's your opinion, if any?" Vason: "I don't think there is anything in the code that I can reca11" Smoak: "Therels nothing that I can" Vason: liThe specific code provisions says" Smoak: lilt says a public hearing has been duly published and if there are no objectors here-I would say that based on past performance of the park itself, the internal improvements that have been made and the fact that there is a trailer setting out there now, that I can't see where itls detrimental-either to the neighborhood or to the city" Beals: "We11 in the interest of uniformity you suggested moving 4 trailers to conform with the one thatls over the line now, why not move the oneil Smoak: "Wel1 what 11m saying is that I donlt believe the one that is setting there is detrimenta 1" Schroede1: "ls there any chance that you can rearrange these trailers and line them up in another way?" Sandargas:"We11 what 11m trying to do is to keep the people in the park happy, at the same time beautify-everybody wants to look at the lake-the lake is a big asset-itls a big asset for the park-if I line them up differently it would shut off everybody e1sels view to the 1ake" Byrd: "Wou1d you do the same thing about screening it, would you screen tbat off?" Sandargas: II We 11 the thing is with a 5 foot fence or a 4 foot fence they could still see- I mean the thing is you'd still be able to see the mobile home but you would not see the bottom section it it- in order to completely hide the park yould have to build a fence that is 20 feet high and this is'ridiculous" Byr<;l: liThe trailers that are there-is the parking for each trailer adjacent to it"? Sandargas: "Uh huh. II "Like I mentioned, I can use three trailers and make one spot where the fourth one would have been and use-let the people walk up to them-some mobile home parks have this type of setup II ~ayor: "Does any other member of the Council wish to make any comment regarding this- oes any councilman wish to make a motion on this and bring this to a head?" Hopkins: Mr. Mayor, may I make a comment please, Sir?" Mayor: "Yes, go ahead." Hopkins: "If the Council sees fit to grant the variance then I would recommend that included in the motion would be whether or not ingress and egress was gonna be allowed off Hook Street to each individual mobile home-I also note here that in looking at the diagram one of the proposed mobile homes is right over the main sanitary sewer collection line coming into the park which, and also if you're-g~na grant a variance on conditions, you might as well go the whole route and require a buffer strip be put in prior to placing of the mobile homes-IJm not saying that Mr. Sardargas won't do that, but our experience has been very poor along those 1ines" Smoak: uI was gonna suggest that if the Council is leaning in that direction, that let Mr. Sandargas and Bob get together and sit down and draw up exactly what you're gonna do-how you're gonna do it and let the variance be granted on that basis and not just a flat variance" Schroede1: "According to our code book don't it say that ingress and egress must be interna1- . e e . MINUTES NQ 895 its entrances are from the main streets-in other words the trailers can not enter or exit from any of the other streets except the two main entrances II Hopkins: I don't know that the Ordinance is specific in that regard but it would lead you to believe that thatls the case for main entrances and interior streets.1I Schroede1: IIWe11 I think according to the code he would have to have his cars come in from an interior street there somewherell Mayor: IIWe11 your interior street for those cars for the mobile homes that would be parked along Hook Street-you've got another line of mobile homes-you would have to use that exit in between those mobile homes, wouldn't you, in order to get to an interior street?1I Hopkins: IIWhich brings up another question in that the Ordinance requires that each mobile home space have 3000 square feet and if in fact you were providing ingress and egress through existing space you may be inclined to taking away some of the property that would rightfully belong to that mobile home. 11m just pointing out all these conditions because they are all in the Ordinancell Byrd:. IIWhat sort of arrangement do you have with the tenants that are in the 1-2-3-4-5 spaces as far as the location of their mobile homes are concerned-could they move them one way or the other or could you ask them to move them a little bit?1I Sandargas: IIWe11 this could be done-it would financially be expensive, but it could be done. The thing is, the park has been layed out long time ago by Mr. Short and its been done in a very haphazardly fashion because it was mostly an overnight trailer camp and welve converted it into a mobile home park, and this is what I want-I donlt want just overnighters as they are a pain in the neck-not only that but all they want to do is hook into your sewers-and just dump their sewage and thatls all, but the thing is, if I don't have a variance I can still put some small trailers and I do have the space-3000 square feet for them-I measured it off and Bob Smythe and I checked that out and I could work that out with no problems-the thing is itls easier to utilize and to get larger trailers, not just 60 foot trailers, but you can get bigger trailers with maybe one or two bedrooms for these people and it would help out the problem- and placing the trailers-I might even purchase the trailers and set them up myself so I would know at least what 11m getting instead of letting the people themselves purchase themll Byrd:_.nI wanted to say that I appreciate what you're doing to wpgrade the park and I appreciate your friendly and cooperative attitude before Council, but even though it would ceprive you of a certain amount of income, I think you would have a more desirable property with fewer trailers than you would by putting that other row between present tenants and the lake and whatnotll Sandargas: liThe present tenants are not against this, they've been notified about this- I've talked with them and they just wanted to know about it-what would be done and how much space would be affected-I mentioned it to them-just like any business that you have-the more income that you have, the better business that you have-if ever some time that I would want to sell the park, it would be an asset instead of a 1iabi1ity- the thing is 11m-after this expansion, if I can, thatls it-there's no more room to expand-the only thing I might be able to do away with some small spots inside the part which I have some trailers-to be utilizing these for parking facilitiesll Smoak IIMr. Mayor if a motion is in order, I move that the city table this request until Mr. Sandargas comes in with a concrete proposal as to exact location-type of landscaping that you would do and definite variance which you are requesting and bring it back before council at next meeting" Mayor: "Y oulve heard the motion, do I hear a second? The motion will die for lack of a second. Anyone else wish to make a motion?1I Beals: IIMr. Mayor I, first didnlt second the motion to table it only because I donlt want to mislead Mr. Sandargas-I personally don't think that we have the legal right to grant a variance in a non-conforming use when there is no hardship so with that in mind I would move that the variance be denied~ Mayor: IIThere is a motion before the house, do I hear a second? Schroede1: 111111 second it.1I . e e . MINUTES NQ 896 Sandargas: III think it is a hardship..1I Beals: "I donlt think that in the context of the city code though that it does constitute a hardship- I..miY be wrong" Sandargas: "Then you must have a definition of a hardship which should be in the books according to the city code" Schroede1: "This cannot be such a terrific hardship if you admit yourself that you could put a smaller trailer in there and conform" Smoak: "I think thatls a good point he's made-a smaller trailer is gonna be less attractive visually-How small a trailer are you talking about? 40 foot?" Sandargas: "I'm taking about a 35 foot which is almost impossible and if I canlt do that than I'll get into overnite spots, which I donlt want to do it, but I do have enough spots that if they want to come in for six months and park their trailers and this is what I want to get out of because I can use the finances-the sewers cost a fortune on this park and I don't think you peop1e realiee the additional sewers in this park-the roads and everything e1se-thatls what I call a hardship-in order to exi st, it's a hardshi p" Hopkins: "Mr. Mayor as far as hardships are concerned, ordinances are written and certainly canlt take into consideration everything that might come up and a variance is available to the Council if, in fact, an individual situation is such that the ordinance as it is written provides a hardship, and in my opinion from what live read, a financial hardship is not:a hardship under the intent of variance to a zoning ordinance" Beals: "Certainly the man from Winn-Dixie that appeared before us some time ago-now thatls a hardship, but it was a financial hardship and one that the-while the city is sympathetic with him they cou1dnlt act.upon it" Smoak: "Which one are you referring to?" Beals: "Martin Graham!! Smoak: "I understand that, but which variance, he asked for a couple-the sign variance?" Beals: "No, he didnlt ask for a variance-maybe he did but not what I was speaking of" Smoak: "He asked for height variance" Beals: liOn the side, but 11m ta1kingll Smoak: "He asked for a location variance" Beals: "And he asked for assistance because of the drainage" Smoak: "He didn't ask for a variance there~ he asked for financial participation" Beals: "Right, but that was a hardship" Smoak: "We11.that's a whole lot different" Beals: "Not to me, a hardship would be, for instance if a person where trying to build on, say they had a 90 foot lot in an R1A area-to me that constitutes a legitimate hardship-the city through': their zoning in that case would be confiscating a person's property. The city is not really confiscating your property-not telling you what you can or cannot do with it-you can do the only thing that the R2 zone permits" Mayor: "Do we have any comments from any member of the Council? Are you ready for the question? How do you vote Mr. Schroedel?" Schroede1:Ild like to hear the motion once more." Beals: "The motion was simple that the variance be denied." Schroede 1 : "I vote, Aye." Mayor: "How do you vote, Mr. Byrd? Byrd: "Aye." Bea 1 s : " Aye. " Mayor: "I vote, Aye. Mr. Smoak?" Smoak: "No." Mayor: "The Ayes have it and it is so ordered" . e e . MINUTBS NQ 897 Hopkins: .IIIMr. Mayor I need some clarification on on this particular instance, I think Mr. Sandargas has indicated that if he couldn't put the larger mobile homes in there he might put some smaller homes in there, as I indicated earlier, possibly a year ago~I indicated to him that he would have to meet a minimum setback of 25 feet because of the existing conditions of the park if in fact Council did allow him to expand. The Ordinance requires 75 feet from centerline of street, if Mr. Sandargas comes in and wants to put mobile homes up to the 25 foot line that I indicated approximately a year ago, am I legal in doing so in allowing him to put in those trai1ers?" Mayor:: It would be conforming though from the 75 foot setback from centerline" Hopkins: Ullight. Itls strictly impossible for him to meet a 75 from centerline of exterior streets-his existing mobile homes along Hook Street are that distance approxi- mately-it was my evaluation of the situation that ff the Council allowed him to expand then it was more reasonable to bring them in line with what was there as opposed to the 75 feet from centerline, but he indicated that he may come in with sgme;sma11er mobile homes and/or overnighters up to the 25 feet. I need some direction as to whether or not 11m gonna throw a roadblock in front of him again or whether he can proceed on that basis-I think he needs some indication tonight as to what he can do" Mayor: "We11 youlve certainly got me confused Mr. Hopkins, this variance request now is for 12 or 13 foot variance, was it not? Hopkins: liOn the 25 foot setback from property 1ine" IIIayor: "Then why wouldn't it be necessary in the first place for him to ask for a variance on a 75 foot which is the present code?" Hopkins: "Wel1k possibly that should have been told him a year ago, but it wasn't" Mayor: IIHe wasnlt really asking a variance on the present specifications, he was asking a variance on the old setbacksll Hopkins: "I led Mr. Sandargas to believe that if the Council saw fit to let him expand that park and put inadditionalmobne;~bomes" that it would appear more reasonable that he be required to honor the setback of the R2 zone rather than a 75 foot from center- line as required in mobile home parks because the park pre-dated the Ordinance and everything else and all those homes that were in the park were more in line with the 25 feet than 75 feet from centerline-Now I'm not sure that I lead him properly a year ago and it was upon that that he based this request for a variance, but I want to clarify this tonight before the gentleman leaves, in case he comes back and is gonna be under the impression that he can come up with the 25 feetll Smoak: III think it's a legal point more than an opinion of the Council" Mayor: IIHow about it Mr. Vason?" Hopkins: IIWe11 1111 be glad to get with Bob on this and give the gentleman an answer one way or the other and not take up the time tonight and shoot off the top of our heads, possib1i' Mayorll III suggest Mr. Hopkins that you do that. Mr. Jones-visitors with business- Project Clermont. Mr. Jones'lI Jones: III think Mr. Hopkins is going to report on it.1I Ma~or: IIWe have you listed here under Visitors with Business~I didnlt know who was gOlng to do the talkingll Hopkins: 111111 start it off if you want me to." Jones: IIIld appreciate thatll Hopkins: liThe Council will recall that a couple of weeks ago, Nick appeared with the concept for Project Clermont with respect primarily to street a1ighnment and taking off parking and beautification-at this point is is more than a concept-itls something that Project Clermont actually wants to pursue and he came to me asking that the city participate to the extent of cutting the street-putting in the curb- and some irrigation and working with them in this project and as I said, at the last meeting, it was nothing more than a concept and one or two concurred that it was probably a good idea but it wasnlt formally accepted and I told him that I wouldn't act in that manner until the Council agreed that this is what they want to do. What they propose to do e e e . MINUTES NQ 898 at this time is the east half of the street the east length of the street-putting in the curb- Mayor: "East 1ength?" Hopkins: "From middle of the block-back to the east-only doing one half of the project that was outlined" Mayor: "You mean from the old city ha11" Hopkins: "From old city hall westerly half way down the block so before I sent city crews out there to cut streets and do that sort of thing, I want it to be more than a concept" Mayor: "Ild like to make a remark at this time regard to this-our City Clerk was going to check the Minutes as to what was said at the last meeting when Mr. Jones came before us-I"ve given it quite a little thought and before I would give my whole hearted approval, which lid like to do, and I think it's a fine project, I want to be able to see in a signed statement by every property owner on that street or the merchant that islcc~BYl~ the property that they have no objection to this project because I wouldn't want to pass something or endorse something that would have the disapproval of any merchant or any property owner that was affected by this move. I feel sure that you can get it - I think you felt sure that you could get it, Mr. Jones. So I want to preface my remarks-like to have that incorporated into the Minutes - that before I personally go on record as approving this from a Council standpoint, I want to make sure that all the property owners and the merchants that are affected are in accord with it, and of course on top of that I~d like to have a pretty accurate estimate of, or at least as close as we can get, of what the cost to the city is going to be to put this into effect." Smoak: "I agree with you 100% Mr. Mayor and additionally when the figures are avai1ab1e- I would be interested in knowing what the adjacent propertt~9\'1ners the people most readily benefited. by the improvements what kind ofpartic'~~tion they would ~gree to handle of the total cost of it-if itls going to be strictly from an esthestic stand- point then I think we better look long and hard about spending a great deal of money at this point and time when we have still to do the sewer work in Minnehaha Estates and may other things-basically what 11m saying is I think that we ought to know I what kind of money that youlre talking about-as far as city participation is concerned what the total project entails in terms of time and effort-financing and what kind of participation the local business people that are going to be immediately benefited by the improvements are willing to participate-what percentage of participants" Beals: II Bob , is it practical to do just half a block at a time?" HO~kins: "We11 I would certainly hope that if half a block was done that they would fo low through immediately and do the other half? Beals: lilt seems to be kind of a winding type thing, was it not?" Hopkins: "We1l the centerline-alignment wonlt change-we're just taking off 10 feet of width which presently parking" Beals: "But the whole thing should be done if anything is done, I would think-it would 100kkinda peculiar to do only a half block" Hopkins: "I certainly recommend that once you start that you follow through and do the whole thing" Beals: "I'd like to also get some idea what type of participation the merchants would agree to-I donlt think it would be right for us expect for each of them to participate equally because I donlt think you'd ever get 100% total participation anyway" Mayor: "I think that any work done on that block down there would be an asset to the merchants themselves, but personally I would feel if I were a merchant down there and they'd cut off my parking I think it would be-I wouldn't like it-but thatls up to them, but I think it would be an asset to the entire town if we improved any section of town, I think beautification of any section would reflect on the grounds of the city and I have no idea what a project like that would run into in dollars and cents but I don't see where itl11wbe a really big financial problem and I think that Nick has stated before, before the Council, that he intends to get some labor donated from people that can do that kind of work-come in and donate their time laying blocks and doing other work to complete the project-but I think it would only be practical from the Council's standpoint to get something more definite in regard to . e e . MINUTES NQ 899 what we're endorsing before we stick our neck out and come up with a pretty fat bill and like Mr. Smoak said, welve got all the problems we want when it comes to finances without adding any more to any great extent? Byrd: IIMr. Mayor I haven't said anything about this project and I want to apologize for talking about something that I don't know anything about, but that's what 11m gonna do anyway-city planning-it appears to me that the dominant thing in that downtown district now is the hospital and I would speculate that over the next several years the businesses that grow up near that hospital are going to be something that might be satellite to a hospital location, for instances Dr. Weaver's clinic is right there nearby and at the present time we've got a dentist-an optometrist-the Florida Power down there an accountant-a law office in addition to the stores-retail stores- that people go and come in and I can't see any of these other businesses generating a whole lot of walking traffic-I think that the day will come when traffic flow and traffic control and parking might be a whole lot more concern than a winding one way street down there and I'm just not sure that 11m ever gonna be in a position to endorse it very much. Jones: liMen of the Council I would like to basic-a11y say the most important point is that all we're asking for is your permission to allow Mr. Hopkins to provide the labor to actually physically cut that street and set that curb in there on one half of Montrose. The cost-to actually come up at this time with a precise penny cost of that labor and the time it would take to do this would largely depend on the type of equipment they would have or we could acquire or rent or come into possession of at the time we actually need to do th~ cutting-a" blade circular saw would do it quite adequately-it would give it a nice even cut across there and curbing-the cost of the material show1d~t:be of any re~l serious nature-as far as volume welre not talking about a great deal-also remember that this can be scheduled in with city labor as Mr. Hopkins is able to do it-it isnlt something for example that would have a time limit on it, but what happens and the reason we're appealing to the Council is that you see I can't really expect the local merchants such as Mr. Wolfe at the Builders Supply to come up with a donation of half-for example we would like all the seating units to be out of all brick-it would be easier to maintain-not having to depend on concrete block-make it all brick-it would look better, cleaner and welve got an indicator from several people that they would be willing to provide the money-provide the materials so 100g as they know that we've got first step accomplished that is the permission for Mr. Hopkins to schedule a couple of men to get in there and actually do the cutting of the street-I feel that it would be much-it would make a great deal more sense, I believe, to have city people to actually do the cutting of the street-as far as what goes on aft er that-the landscaping-the placement of the curb-the serpentine walls and the brick work and the 1andscaping-I think that after that point-Project Clermont will follow through and I donlt think that youl11 see that there will be any difficulty beyond that point, but the irrigation-the placement of the sprinkler parts-the actual cutting of the street itself-if we could just simply have your approval to get the street cut, I think we can take it from there and as far as dollars and cents, Mr. Hopkins-IIU leave that more or less up to you to more or less project at this point what you think it might cost-its your people-it would be your people and your peoples labor that welre talking aboutll Mayor: IIlt.might interject something at this time, Nick-I think that Project Clermont is a fine thing and I think that it is something that we've needed and theylve already showed an interest in it-they've done a good job on that little park down there that I got permission for them to use, but I want something very concrete from Project Clermont that if we did authorize the City Manager to put labor there or if he decided that it would be a11right to put labor there to cut that street, I wouldn't want that street cut and then just set there for six months or a year with nothing done to itll Jones: IIWelve got kind of a cart and horse situation-my Project Clermont people want- wonlt pledge me any money or materials until theylve gotten approval of Counci1- the Council IS willingne$to allow them to cut the street, so 11m in an impasse herell . e e . MINUTES NQ 900 Smoak: IIYou canlt get a commitment from these people, Nick, with the understanding that the commitment is invalid if you donlt get the approval of the City? Jones: IIThatls just about what it amounts to-in other words they're saying if you donlt get the Council to at least to agree to allow them to cut the street, welre just not gonna donate a dime or acquire any material whatsoever II Mayor: IIWou1dnlt it be practical Mr. Jones, if the Council saw fit to send you back to Project Clermont saying that the Council approves of the project if and when Clermont Project puts something definite in writing that they will go ahead and finish the project so that we wonlt, like I said, have a half finished job therell Jones: IIThis would be appropriate-I would have no objection to this if what youlre saying is, youlre more or less turning the cart and horse around and more or less putting it back in their lap and requiring them to come up with a concrete cash or material whatever is necessaryll Mayor: IISome guarantee of that, yes sir is what I" Smoak: liAs the Mayor mentioned earlier and I think very important that they voice their opinion to the Council directly-individua11y-the property owners that are affected because up to now I think there's potentially people that arenlt gonna want their parking space e1iminatedll. Mayor: IIYeah, I would insist on 100% participation by the property ownersll Jones: 11100%, Mayor?1I Mayor: IIYes sir: I stick with 100%. If I had a business down there and they wanted to shut off my parking in front of my place of business-now 11m not saying that I would be that way-but if I happened to have that frame of mind-lid hate to think that the Council would override me and shut off my potential parking in front of my place of businessll. Beals: III think that 100% is too much to ask for-this City Council is never 100% on anythingll Mayor: IIWe11 I know, but this is a different-that's a matter of opinion-this is a manls livelihood where he's got his money invested in a business and he may thin~ that itls very essential to have the parking places in front of his place for customers to stop and trade, but he's got to be sold on the idea that it would be an asset to h,i/hll Beals: III'm glad that the sewerage system wasnlt handled in that manner about the front foot assessmentll Mayor: IIWe11 when youlre putting a sewer through you Ire not keeping a man from parking in front of his place of business-like I say-I may be wrongll Smoak: IIAnother question in my mind, Nick, do you have any underground utility 1ines- water lines-drainage lines in the area that you wish to improve, that if it became necessary to work on these lines would .}40U have to tear the improvement down to do it?1I Hopkins: IIWe've got some water lines that cross Montrose Street it could be designed around itll Smoak: IINothing goes east and west?- Hopkins: III believe it goes underneath the sidewalk-the main line is presently under the sidewalk along with the meters, as I reca1l11 Smoak: IIWhat about storm drains-telephone cables etc.?1I Hopkins: 1I0f course we want to get with all the utility people which hasnlt been done yet and find out exactly where they are so the thing can be designed around that-there would be a shallow cut just through the pavement and a new curbll Smoak: III personally think itls just too early to come to the City Council and ask for great participation, particularly as the Mayor says, get the streets cut up and then set there for six months and then the City has .got to either repair the street or foot the bi 11 for the improvements, one way or the otherll . e e . MINUTES NQ 901 :l.,'~ 1" Schroede1: IIDoes all that blacktop come out?1I Jones: IIYess i r. II Schroede1.~ IIRight down to bare ground':1I Jones: IIWe would want to not only take it down .;to the bare ground but take the bare ground and let the soil condition-itls not conducive to proper 1andscapingll Schroede1:IIHow high do you build your wa11?" Jones: "How high would the wall be? Approximately 24" off the street leve1." Schroede1: 124"fabove the street 1evel?" Jones: "Yes." Mayor: liTo make a little seating area along there, isn't that correct, Nick?" Jones: "Yesr, this is correct. I think one thing that you might consider is that- I think our City Manager could possibly with a great deal of discretion-great deal of reasonableness or common sense-could be directed that we prove to him-acting in behalf of City Council that we have just such financial as well as material and labor support to actua11y-immedi,te1y-fu1fi11 our obligation-to finish the project-if we were to do this one end o~;the street-it seems to me to be a reasonable request, in other words if Mr. Hopkins could see that we did physically have what you're requesting us to have, a guarantee that we would fulfill the finished product-I think that this could be done and I would certainly think that it would be within the bounds of the jurisdiction of the Council to authorize Mr. Hopkins to do the work once he sees that we have the financial as well as the ability to actually bring in the labor and material to finish the project" Mayor:"Did someone in Project Clermont, or did you Mr. Jones, make a house to house canvass down there?1I Jones: "Yessir, one one street, on the side that welre talking ab out, the only signature that we actually, physicallY lack at the 1IIQmelttbis the DAV, now I've called three times to Clearwater and live yet to find the party at home-but I'm going to be there again Fri4ay and I hope to physically carry the map and physically go to his door-I'm going to be there most all day-and 11m going to keep calling him or see if I can track him down to get his name on there-then that would give us 100% on that side-Now on the other side of the street-weihave all but one on that side, and thatls Mr. Marker and I very simply just haven~t been able to catch him at the time he happens to be in town. Would the 100% actually include the corner properties? In other words the tavern and the" Mayor: "I don't think it would affect the tavern or Mr. Meiggs furniture store" Jones: "But I understand-donlt Mr. Me1ggs a!so have another store down there?" Mayor: IIYes, he has an upholstery shop and if you want down the other side you wou1dnlt go in front of him, would yoU?" Bea 1 s: II Yes. II Jones: "Right to his front door-in other words there is a sliver of it that comes to his door-inoother words about half of his property has got a little bit of planter". Mayor: "What does Mr. Meiggs think about it?" Beals: "Thatls where youlre short your 100%, isnlit it? Jones: "Maybe, his wife has been relatively negative about whatever seems to be suggestive-although she hasn't said, she's not personally told me that she would flatly refuse to SisP!" Mayor: "He backs his truck up there you know and unloads the furniture and stuff right at his doorll Jones: "Right, we would like to discourage this-this is not conducive to property on Montrose Street-we don't feel it's conducive to the safety of peop1e" Mayor: "We11 the only other place he has is in back there and itls pretty steep going down those stairs moving futniture-we11 why donlt you do that then Nick-go into it a little deeper with your committee in charge of Project Clermont and then carry whatever you find out from them down to Mr. Hopkins and let him e e e . MINUTES NQ 902 transmit it to us" Jones: "Wi11 I need the 100% of signatures?" Mayor: ~We11 now that~s up to Council-as far as 11m concerned you need 100%, but the rest of Council may out.vote me" Jones: "Cou1d I ask that Council vote on this or give me some direct" Beals: "I think that 100% is a little too much to ask for-11m just speaking for myself-lid rather not put a percentage on it-but if it appeared that the consensus" Jones: liThe reason I asked is that lid hate to spend all this time if one person on the entire block defeats us" Mayor: "Well I'd be perfectly willing if it meets with the approval of Council to have a vote to see how the Council stands" Jones: lilt would be greatly appreciated" Beals: liOn the 100% bit?" Mayor: "Yes." Beals: "You donlt need a motion on it, just a straw vote-is that what you had in mind?" Mayor: "Any way you want to do it" Smoak: "I donlt think that voting on that is gonna do you any good, Nick-I can't see where it wou1d" Jones: "In other words what 11m saying is, if I get all this work done and I come in here and Council decides that they want an absolute 100%, Mr. Meiggs votes No- then welre out of luck Smoak: liAs one-fifth of the Council, I am not in favor of making any commitment whatsoever until I get, as a Councilman, more information, thatls the way I feel tonight" Mayor: "We1l I donlt yould be-that it would be too much work if you would contact your committee and find out as to just what theylre willing to do as far as finishing the project and guaranteeing the finishing of it and just what you expect the city to do outside of some labor-if you expect the city to come into it from a financial standpoint and then bring it before the Council and we can iron it all out at the same time whether we want to OK it as far as partial participation by the merchants or 100% participation-it's just according to how the Council wants to handle it" Beals: "I'm certainly not in favor of turning the town over to Project Clermont, but I would like to give Nick just a bit more encouragementll Maaor: "0h, 11m in favor of Project Clermont-I wish them all the luck in the world an I want to supportthem all I can but not at the expense of some business downtown- if a man feels like itls gonna hurt his business-Well, I guess itls kind of to a stand- still Nick, will just have to wait and see if you can get some expression from your committe and bring it to Bob and get it more concrete-what they'll do if we'll do and then bring it back before the Council and see how the Council stands as far as participation is concerned and as far as if the majority of the people down there want it and override the rest of them, whY, whichever way the Council wants to go is perfectly all"right with me" Schroedel: "Nick you say that Mr. Meiggs is your only dissenter?" Jones: II No , I didn't say that. I just said that I have been reluctant to touch base or to push or make an issue of it with them-live just kinda approached them and she was somewhat on the negative side rather than for it and rather than get into an argument over it, I just more or less dropped it and thought it might be best" Mayor::~y'o..!L~aid they might not be the only one, now has anyone else had a negative attitude toward it?" Jones: IINo,sir.1I Mayor: IIA11 the rest have been affirmative?1I Jones: 1111100%. In fact they have been very encouraging, in other words welre standing in a position like of all the businesses down there, not only are we . e e . MINUTES NQ 903 getting their OK, theylre actually working very closely with us" Mayor: "We11 1etls leave it that way Nick-see what you can find out from them-a more concrete proposal and bring it in to Mr. Hopkins and then we'll go into it a little deeper. Schroedel "Give me a couple of days to talk to Mr. Meiggs." Jones: "I would greatly appreciate it - I thank the members of the Council very much for the opportunitY. Mayor: :Thank you, Nick, I Rnow you Ire working very hard on it and we appreciate it. Is Mr. DeYoung here?" Hopkins: "I donlt see him Mr. Mayor, he called me and said that he may be a little 1ate" Mayor: "We11 we can go ahead then and if he comes in" Is Mark Minnick here?1I Minnick: II Yes II Mayor: "Wi11 you come up Mark and tell us what's on your mind?" Mi nn i ck: II I I m more or 1 ess :,'represent i ng the C1 ermont softba 11 1 eague hopi ng to a tta in the sse of the municipa1 stadium in Clermont. We were formerly using Minneo1als Elementary School and we got thrown out of there the other night because the light bill was running up a little too mach-that's the only thing welve heard- and we donlt have any other place to play-we've got about six or seven teams now and average about fifteen mean to a team and all of a sudden no place to practice or p1ay" Mayor: "That' s adu1 ts, i sn I t i t?" Minnick: IIRight~ Mayor: "Now what affect would your softball have on the baseball diamond?" Minnick: "None whatsoever. We would use the 90 foot bases as they are-we wou1dnlt be cutting across the green-no steel cleats-we wou1dnlt hurtthe field at all" Mayor: :You wou1dnlt make a softball diamond out of it - you would use it like it is?" Minnick: "Right. II Mayor: "Yould use the same pitchers mound?" Minnick: "Right. II Mayor: "Can you throw a softball that ;far?" Minnick: "Ye$, I imagine we'll make use of it one way or the other, No, we wonlt have to hurt the green any and if Mr. Black wants it raked when we're done for his use, we'll do thatll. Smoak: "Mark, how may nights a week do you want it?" Minnick "Well welre probably gonna have games two nights a week and we could have another night or two for practice-welre just now getting started with it" Smoak: "Have you got some kind of organization-in other words some one-two or three people that will be responsible for seeing that the park is locked up-the lights are turned off and that sort of thing?" Minnick: "Right. Paul Bowen, myself and Jerry Sweat. II Mayor: "What did the light bill run in Minneo1a?1I Minnick: "I have no idea-that's the reason I heard that they shut us down-we had only used it one night" Beals: "Isn't that at the Elementary School over there?1I Minnick: "We11, at the only school over there that I know of" Beals: "And the school pays the light bill then, is that right?" Minnick: "I would imagine so." Bea1s~ "Then they must be the ones that objected." Schroedel: "Mr. Mayor, Mark called me and talked to me about this by telephone and __ ~~__~.~T.__________ . e e e MINUTES NQ 904 I in turn talked to Mr. Hopkins about it and we discussed the possibility of going down to the Pollution Control plant where there are two ball diamonds, but it seems that Little League has grown so big that both of those diamonds are being used for Little League" Mayor: "These boys would knock that ball over that fence nine times out of ten" Schroede1: "We11 , thats it" Minnick: "That I s what happened the other night. II Schroede1: "they are not satisfactory and the only place they have to go is up to big ball field and the problem is whether they would tear up the field or whether they can make a regulation softball diamond out of it" Mayor: "We11 we don't want ,to chanQe.it into a reQu1ar sC?ftba11 diamond-it.\tiou1dn't be practical not to have a baseball dlamond because the H~gh Scho~l plays baseball there and there is a colored team that plays there, and as far as I personally feel, I think that you deserve all the support-that we can give you and as far as the expnese of lighting is concerned-the park is built for the use of recreation and for the use of the people in Clermont and I may be sticking my neck out when I say that 11m in favor of paying the bill, but I am-11m glad to be a part of recreational program and I think it would be a pity not to support you fellows in your endeavor C and in the progress of recreation in Clermont. Beals: "I agree with that wholeheartedly-it just seems odd to me that the school system can't see fit to pay a little light bill when those lights were donated by private subscription-didnlt cost the taxpayers of Lake County a dime-I think Florida Power even installed the lights for them" Smoak: "Who actually notified you that the Minneo1a field was no longer avai1ab 1e?" Minnick: "0ne of the guys down at the Ford place-one of the managers down there-we understand that they don't want us down there at all-daytimec,~ nighttime or anytime". Smoak: "Who is they? Was it the city officials or the school board? Minnick: "From what I heard it was Jerry Geh1back and the Mayor over there II Byrd: "If I remember right, those lights came from Clermont Middle School-Junior High School or whatever it is-so let's just go over there and get our lights and bring them back home" Smoak: "I would suggest that the City Council write the school board and find out exactly what the status of that field is because it is more acceptable for softball than the Clermont field-if we can find out exactly what the status is of the school board I don't know that therels any reason that the school board if they say it's OK, why they canlt play over there" Beals: "Thatls school property and unfortunately those lights are the property of the school, I mean they were. donated-and I know that I Objected strenuously to moving them to Minneola but it didn't do any good" Smoak: "I would suggest that that would be a better course of action" Mayor: "Let's go ahead and find out the position of the school board" Minnick:"Well can we go ahead in the meantime and use the baseball fie1d?" Mayor: "Yes I would say so-you would need to get with Mr. Hopkins and see what the schedule of the other teams are-check with himll (End of tape No.5) Messrs. DeYoung and Ki1dah1 of the First Lutheran Church, appeared before Council and briefly explained their proposed project "Garden of F1ags"to be located adjacent to the church building and along Highway #50, and requested the use of the city owned grader and an un-metered water supply for the irrigation system in the garden. It was consensus of Council that this project would be a tremendous asset to the City of Clermont, whereupon motion was made by Councilman Schroede1, and seconded b~ Councilman Byrd that water be furnished by the city for this project ~ . e e . MINUTES NQ 905 City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards the Managerls recommendation that Council purchase uniforms for city employees from Champion Uniforms, this matter was referred to the City Manager. With regards the Manager's recommendation that a work session of Council be held to discuss a budget adjustment regarding wages and salaries, Mayor Smith called a work session of Council to be held on Monday night, April 2nd at 7:30 P.M. in the City Manager's office. City Controller Fleming submitted copies of the annual audit to Council and advised that Mr. Greenlee would be glad to appear before Council to answer any questions which they might have regarding the audit. City Attorney Vason reported that Attorney Christopher Ford had 'been retained by Peter H. Johnson in the condemnation suit filed by the City and that the hearing would be held on April 3rd at which time it would be necessary that the city post a check to be held in escrow for whatever amount of money that the court determined. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that Mr. Vason proceed with whatever steps are necessary to further the condemnation proceedings Councilman Beals offered and moved the adoption of a RESOLUTION requesting that the Department of Transportation reroute State Road 561 from its present location to along U. S. Highway 27 to the intersection of State Road 50, thence along State Road 50 to the present intersection of 561 and 50 rather than through the residential and downtown sections of Minneola and Clermont. The motion was seconded by Councilman Byrd and unanimously carried. The RESOLUTION was read in full by City Attorney Vason and the No. 206 assigned to it. Councilman Smoak offered and moved the ado~tion of a RESOLUTION requesting that the Department of Transportation conduct a tra fic control study of U.S. Highway 27 from its intersection of State Road 50 to its intersection with Hook Street because of the great number of fatalities and property damages incurred in that area in recent years. The motion was seconded by Councilman Beals and unanimously carried. The RESOLUTION was read in full by City Attorney Vason, and the No. 207 assigned to it. Councilman Smoak offered and moved the adoption of a RESOLUTION accepting the Sanitary Sewerage Improvement System, declaring the special assessments to be due and payable, providing for the method of payment thereof, and establishing priority of lien against property for unpaid assessments. The motion was seconded by Councilman Beals. The RESOLUTION was read in full by City Attorney Vason and the No. 208 assigned to it. It was the suggestion of Councilman Beals that a delegation once ~gai.n,-,goto the Department of Transportation in Deland with regards the hazardous crossings throughout elermont along State Road 50, and advised that Commissioner Jim Hoskinson would accompany them. Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA AMENDING SAID CODE OF ORDINANCE TO CHANGE CERTAIN PARTS AS DESCRIBED THEREIN FROM R1A ZONING DISTRICT TO Ml ZONING DISTRICT: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION BY POSTING and the motion was seconded by Councilman Beals. The ORDINANCE was ready by title only for a second and final reading by City Attorney Vason and upon roll call vote on passage of the motion, the result was: Ayes: Schroede1, Byrd, Beals, Smith and Smoak. Total Ayes: Five. Nayes: None. To the ORDINANCE was adopted, the Number 88-C assigned to it and a copy ordered posted. . e e . MINUTES NQ 906 Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SUB-SECTION (b) OF SECTION 8-1; AMENDING SUB-SECTION '~c} OF SECTION 8-1; AMENDING SUB-SECTION (a) OF SECTION 8-2: AMENDING SUB-SECTION (b) OF SECTION 8.2: AMENDING SECTION 8-5 BY RE- PEALING SUB-SECTION (a) AND SUB-SECTION (b) AND SUBSTITUTING THEREFORE A NEW SECTION 8-5: AMENDING SUB-SECTION {1} (a) OF SECTION 8-14; AMENDING SUB-SECTION (1) (h) OF SECTION 8-14; AMENDING SUB-SECTION 2 of SECTION 8-14; AMENDING SUB-SECTION 3 OF SECTION 8-14; AMENDING THE FIRST PARAGRAPH OF SECTION 8-34; AMENDING SUB-SECTION (g) {6} OF SECTION 8-40; PROVIDING A DEFINITION FOR THE TERM "ELECTRICIAN"; PROVIDING A DEFINITION "MASTER ELECTRICIAN"; ESTABLISHING A BOARD OF EXAMINERS OF ELECTRICIANS: PROVIDING FOR THE EXAMINATION OF MASTER AND JOURNEYMAN ELECTRICIANS; PROVIDING FOR THE CLASSIFICATIONS OF MASTER ELECTR[ltUNS, JOURNEYMAN ELECTRICIANS AND ELECTRICAL CONTRACTORS; PROVIDING FOR THE REQUIREMENT OF MAIN SERVICE DISCONNECTS: ESTABLISHING WIRING METHODS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING. The motion was seconded by Councilman Byrd. The ORDINANCE was read by title only for a second and final reading by City Attorney Vason and upon roll call vote on passage of the motion, the result was: AYes: Smoak, Smith, Beals, Byrd and Schroedel. Total AYes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 89-C assigned to it and a copy ordered posted. Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SECTION 19-13 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA; AMENDING SECTION 19-18; AMENDING SECTION 19-19; AMENDING SECTION 19-21; PROVIDING FOR THE GENERAL LIABILITY OF THE OWNER OF ALL LANDS THROUGH WHICH ANY STREETS OR PUBLIC WAYS ARE TO BE CONSTRUCTED; ADOPTING AND INCORPORATING HEREIN THE LATEST PUBLISHED EDITION OF THE STANDARD SPECIFICATIONS OF THE FLORIDA DEPARTMENT OF TRANSPORTATION, ESTABLISHING MINIMUM STANDARD OF SUB-GRADE STABILIZATION; ESTABLISHING MINIMUM STANDARDS FOR STREET WARING SURFACES; ESTABLISHING AND INCORPORATING HEREIN AN ILLUSTRATION OF TYPICAL STREE CROSS-SECTION; PROVIDING FOR MINIMUM DRAINAGE STRUCTURES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING. The motion was seconded by Councilman Schroede1 and the ORDINANCE was read by title only for a second and final reading by City Attorney Vason. Upon roll call vote on passage of the motion, the result was: Ayes: Schroede1, Byrd, Beals, Smith and Smoak. Total AYes: Five. Nayes: None. So the ORDINANCE was adopted, the number 90C assigned to it and a copy ordered posted. Councilman Smoak inquired of the City Manager as to the status of the sewer condemnation suits and he was advised that he had been unable to contact Mr. Langley. Counci1- . man Byrd thereupon moved that Robert F. Vason, Jr. be appointed as City Attorney m'tectlVe lmmed1ately. Ine mot10n was seconded by ~ounc1 lman :>moak anO[Carrlea. Counc11man Beals abstaln~d trom iotlng and ~XpJ~l~ed nlS reason tor uOlng so wa~ because he regarded Mr. Vason now as City Attorney and Mr. Langl~y also regarded Mr. Vason as being City Attorney and doesn't think this action was necessary. Councilman Schroede1 inquired as follows: As to whether or not the sewer easements had been recorded and City Manager Hopkins reported that they were in the process of being recorded now; As to whether or not the motor protective switches at the lift stations were installed and he was advised that arrangements had been made with Orange Electric, but that work had not been started as yet. Councilman Smoak inquired of the Operations Manual and Mr. Hopkins advised that the only word he had had from the engineers was that they were working on it. It was consensus of Council that the City Manager contact Michae1s-Stiggins, Inc. and advise that if tne manual has not been completed and delivered by May 1st, that we shall engage another engineering firm to compose the manual and then deduct the expense for same from the monies owed to them. Councilman Beals reported that he had resigned as Council's representative to the OEO, and, that he was now a director of the Lake County League of Cities tnat during a recent meeting of the Board it was consensus;tbtt possibly the municipalities were being taxed double when paying both city and county taxes in return for the services which they receive from the county and that they felt the League should pursue this matter with the County Commission and he hoped that Council would concur in this opinion with the League Board. . e e . MINUTES NQ 907 With regards the request by t. W. Russell for a tax refund for the years 1970-71 which were assessed in error inasmuch as at that time his residence, which is a boathouse out over the lake was outside the corporate city limits, motion was made by Councilman Schroede1, and seconded by Councilman Byrd that the refund be authorized. M&t.iorrWHc,~ made ~~ Councilman Beals and seconded by Councilman Smoak that this matter be table until such time as the City Attorney can investigate the legality of making such a refund. The motion carried with Mayor Smith and Councilman Schroede1 voting in the negative. With regards request of the City Manager for an interpretation of the Zoning Ordinance regarding rear access-side yards, motion was made by Councilman Smoak, and seconded by Councilman Beals that it be interpreted to allow for elimination of the inside setback on corner lots when rear access is accomplished from a side street, and, that this provision be included in the C2 zone. The motion carried with Councilman Byrd voting, Naye. With regards the appointment of a HOUSING BOARD OF ADJUSTMENTS AND APPEALS, motion was made by Councilman Smoak, seconded by Councilman Byrd and carried that Council be appointed as the Board with Mayor Smitb- Councilman Smoak and Counf;d :J:fiJany BeaJ"s'be:i ng app,i nted' for: thteef)yeal" terms; Counc i 1 ma n Byrd bei ng a ppoi nted for a two year term and Councilman Schroede1 being appointed for a one year term,,- The meeting was adjourned by Mayor Smith. LOj\O'M~) 0 ~~ Dolores W. Carrol , City Clerk CAd~~ c=- ~. Don E. Smith, Mayor