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06-12-1973 Regular Meeting . e e . MINUTES REGULAR MINUTES NQ 946 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, June 12, 1973. The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the following members present: Councilmen Byrd, Beals, Schroede1 and Smoak. Othero6fficia1s present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Jason, Director of Community Services Smythe and Chief of Police Tynda1. Others present were: Mesdames Marilyn Breeden, Beth Cashwell; Mr. and Mrs. W. F. Perry and the Messrs. George E. Hovis, Homes Allen, Bill Williams, Jacob Lucas and Ramon Ubieta. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on May 22, 1973 aDd of the Special Meeting held on June 6, 1973 were approved as written. Mr. Bill Williams of Kons1er Steel Company appeared before Council and again requested reimbursement in the amount of $1147.05 for costs incurred in relocating drainage inlets on Juniata Street when they improved Eleventh Street from Juniata to DeSoto. It was consensas of Council that such expenditure was a direct cost to Kons1er Steel Company in the improvement of 11th Street by them following the closing of Juniata Street which was for their benefit, whereu~on motion was made by Councilman Smoak, seconded by Councilman Schroede1 and carrie that the request be denied. Mr. Williams then inquired of Council's intentions regarding the removal of the drainage line which lies underneath their paint building. It was the decision of Council that the exact location of this drainage line be determined and the matter be referred to City Attorney Vason for research and report back to Council. Mr. Ramon Ubieta, Director of the Lake-Sumter Community Mental Health Center appeared before Council and requested financial assistance in the amount of $2400.00 to help in their goal of establishing a Halfway House for alcoholics in Sumterville for residents of th~area needing such services. This matter was postponed until the budget hearings for fiscal year 73-74. Mrs. Marilyn Breeden appeared before Council and advised that she had been stopped from operating a nursery in her home at 1316 Ryan Street inasmuch as this was not allowed in an R-1 zone, and inquired as to what she could do in order to get permission. She submitted a petition from surrounding neighbors in that area wherein they endorsed her request. Mrs. Breeden was advised that this could only be allowed thr-ough an amendment to the Zoning Ordinance, whereupon it was consensus of Council that City Manager Hopkins discuss this matter with the P & Z Commission to determine if they felt this type of business should be a permitted use in single family zones. Mayor Smith announced the next order of business to be Public Hearings as follows: To consider an application by Jacob Lucas for a Variance to Section 26-13 of the Zoning Ordinance (Yards and Other Spaces) in order to construct three (3) duplexes in Block 4 of Sunset Heights. There was no one present who voiced obueetion to this request. Inasmuch as there were recommendations from the P & Z Commission regarding cluster developments to be considered later in the meeting, motion was made by Councilman Byrd, seconded by Councilman Beals and carried that this matter be considered at that time: To consider request of C1earview Land Co., Ltd. Stokes and Roper, Investate Associates, Inc. and Grandview Investment Properties for the closing of that portion of DeSoto Street from U. S. Highway 27 east to Grand Highway. There was no one present who voiced objection to this request whereupon motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the City Ataorney be instructed to prepare the necessary Ordinance for this closing. . e e '. MINUTES NQ 947 City Manager Hopkins reported he had received a request from Lamar Black for Council to waive the penalty imposed because his sanitary sewer assessment had not been paid prior to the delinquent date inasmuch as he was out of the country and had not received the assessment notice prior to the delinquent date. Mr. Hopkins further advised that all legal requirements had been met in mailing the notices as prescribed to the last known mailing address and that there were no provisions for exceptions to payments received after the delinquent date for the various reasons submitted for being delinquent. This matter was referred to the City Manager. Mayor Smith called a Special Meeting of Council to be held on Thursday, June 14th at 7:30 P. M. in the office of the City Manager with regards to engineering services in the Water and Sewer Departments. Council received a request to meet with officials of the Library Board in a workshop session in order that they might submit and discuss their proposed budget for next year, however, it was consensus tbat this matter be considered at a regular meeting, whereupon City Manager Hopkins was requested to invite them to ap- pear at the next regular meeting to be held on June 26th. City Manager Hopkins reported that he had accepted, with regrets, the resignation of Tom Asbury, Director of Public Utilities, effective July 12th, and, that he would be absent from the city on military leave from July 2nd thru July 13th with Bob Smythe being in charge in his absence. City Attorney Vason reported that the Charter Amendments had been passed by the legislature but that he had not yet received the effective date. Councilman Schroede1 reported briefly on the recent Board meeting of Cooper Memorial Library. Motion was made by Councilman Beals, seconded by Councilman Byrd and carried that the bills be paid. Councilman Smoak offered and moved the adoption of a RESOLUTION granting a conditional use permit for private architectural practice. The motion was seconded by Councilman Schroede1 and carried. The RESOLUTION was read by title only by City Attorney Vason, the number 215 assigned to it and a copy ordered posted. Councilman Beals offered and moved the adoption of a RESOLUTION granting a conditional use permit for a planned unit development. The motion was seconded by Councilman Schroede1 and carried. The RESOLUTION was read by title only by City Attorney Vason, the number 216 assigned to it and a copy ordered posted. Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF DESOTO STREET LYING AND RUNNING BETWEEN GRAND HIGHWAY AND U. S. HIGHWAY 27, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA and the ORDINANCE was read by title only by City Attorney Vason. With regards the approximate 5% of sanitary sewer assessments on which no payments had been received to date, it was consensus of Council that notices be mailed to the property owners advising them of the provisions in the Bond Ordinance which must be met or the penalties and/or legal action which would follow. George E. Hovis, representing property owners on West Avenue between Highway #50 and Juniata Streets, appeared before Council and requested that the right-o-way line of West Avenue in that area around Center Lake be established, and submitted a survey of this area based on a line utilized by utility companies and the City as the western boundary. Inasmuch as there was some question as to whether or not 6 feet was adequate to be reserved inside the westerly existing curb line as proposed on the survey, the matter was referred to the City Manager, City Attorney and Mr. Hovis for further consideration and report back to Council . e e . MINUTES NQ 948 City Manager Hopkins submitted recommendations from the P & Z Commission as follows: CLUSTER DEVELOPMENTS: That Section 26-63 of the Zoning Ordinance be amended to allow for the cluster development on a parcel of 20,000 square feet minimum rather than four (4) or more structures containing four {4} or more dwelling units, and, that cluster developments be allowed as a conditional use in the R-2, Medium Density-Residential Districts. Motion was made by Councilman Beals, seconded by Councilman Schroede1 and carried that these recommendations be accepted and the City Attorney be instructed to prepare the necessary Ordinance for adopting same. SWIMMING POOLS: That Section 26-66 of the Zoning Ordinance be amended to read that No swimming pool shall be so located, designed, operated or maintained as to inter- fere with the rights of the adjoining property. Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect light away from the adjoining premises. Swimming pools shall be located back of the front building lines. The minimum side and rear yard setbacks shall be equal to the minimum side yard requirements for the zone. Residential swimming pools shall be enclosed by a fence or wall at least four (4) feet in height. Residential shall mean single family and duplex dwellings. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that these recommendations be accepted and the City Attorney be instructed to prepare the necessary Ordinance for adopting same. Councilman Byrd voted, Naye. on the motion. City Manager Hopkins submitted the following recommendations from the Electrical and Plumbing Boards: That the Electrical Code be amended to read: Minimum electrical permit @ $5.00 Illuminated Signs @ $5.00 Reinspection Fees @ $5.00 Examinations shall be conducted at the office of the Electrical Inspector for both master and journeymen and shall be held quarterly on the second Tuesday of January, April, July and October Fee for Master Electrician Certificate of Competency @ $50.00 Fee for Journeyman Electrician Certificate of Competency @ $15.00 Fees payable at time application is submitted Fees to be retained by Board if applicant fails the examination Renewal fees: Master Electrician @ $25.00 Journeyman Electrician @ $15.00 That the Plumbing Code be amended to read: "No Hub" cast iron is allowed when properly installed on firmly tamped ground and supported horizontally by brick or concrete supports All fixtures @ $1.00 Water installation @ $3.00 Sewer installation @ $5.00 Minimum fee @ 5.00 Examination fee for Master Plumbers; @ $50.00 Examination fee for Journeyman Plumbers @ $25.00 Renewal fee for Master Plumbers @ $25.00 Renewal fee for Journeyman Plumbers @ $15.00 Examinations to be conducted quarterly on the second Tuesday of January, April, July and October Motion was made by Councilman Schroede1, seconded by Councilman Beals and carried that these recommendations be accepted and the City Attorney be instructed to prepare the necessary Ordinance to adopt same. The variance to the Zoning Ordinance as requested by Jacob Lucas was considered at this time. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the request be granted. by Mayor Smi tho Don E. Smith, Mayor