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08-28-1973 Regular Meeting . / e . e MINUTES Nt} 965 Regular Meeting A Regular Meeting of the City Council of the City of Clermont was held In the Council Chambers on Tuesday, August 28, 1973. The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the following members present: Councilman Schroedel,Byrd and Beals, Other officials present were: City Controller Fleming, City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe and Chief of Police Tyndal. Others present were: Mr. and Mrs. H. Forrest Kimball, Mr. and Mrs. Roy D. Tanney, Mr. and Mrs. William Delaney, Mr. and Mrs. W. B. Perry, the Misses Karen Hamilton and Dawn Giddens, and Mr. Al Earls. A Representa- tive of the Sentlnal/Star was also present. The Invoeatlon 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 August 14th and the Special Meeting held on August 16, 1973 were approved as written. Mayor Smith announced the first order of business to be a Zoning Board of Adjustment Hearing to consider application of WillIam Delaney for a variance to Section 26-25 of the Zoning Ordinance (Permitted Signs In a Shopping Area) In order to erect a business sign eight s~uare feet larger than allowable in the code at his place of business, the Two Sons Speed Queen Fabric Care Center In the Winn-Dixie Shoppplng Area. Mr. Delaney had advised in writing that the sign he proposed to Install was a standard stock sign of the Speed Queen Corporation and would be at far less cost to him than any other, and would be utilizing 96 square feet as opposed to 88 square feet as required in the Code. Council was in agreement with the request wher,eapon motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that the variance be granted. Mayor Smith announced the next order of business to be a Public Hearing to consider request of Al Earls for the rezoning of Lots 1 thru 13 In Block 7, City Blocks, from Its present C-l Zoning to C-2 Zoning in order to establish a business on a portion of that area which Is only applicable to C-2 Zoning. Following a public hearing and consideration of this matter by the P & Z Commission on August 7th, It was their recommendation to Council that the request be denied. Mr. Earls appeared before Council and advised that originally he had been advised it would be necessary to request that all 13 lots be included in his request in order to refrain from "spot zonlng", but that he actually was only interested In having the property owned by him (Lots 4,5, and a portion of 6) rezoned and he questioned as to whether or not this would be construed as spot zoning Inasmuch as C-2 zoning presently exists up to the west end of his ltos. Abutting property owners, Messrs. Kimball and Tanney, objected to any re-zoning of lots facing on East Avenue, Motion was made by Councilman Beals and seconded by Councilman Byrd that the city Attorney be Instructed to prepare the necessary Ordinance to be presented at next meeting for the change In zoning from C-l to C-2, Lots 4,5, and a portion of 6 in City Block 7. Upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Beals, Total Ayes: Twv. Nayes: Byrd, Smith. Total Nayes: Two. Absent: Smoak, The motion failed to carry. . e e . MINUTES Nt} 966 Acting City Manager Smythe reported as follows: That the matter of whether or not to allow PVC pipe to be used instead of cast iron for commercial hookups to the sanitary sewer system which was referred to the Plumbing Board, had been referred still further by the Plumbing Board to DAwkins and Associates, and a reply had not yet been received; That with regards request of Council to DOT for a traffic signal survey at the intersections of Bloxam and East Avenue with State Road 50 th.y had forwarded a Resolution which would have to be executed wherein theyCouncil would be liable for total cost of purchase, installation and permanent maintenance of any traffic signals permitted. Upon inquiry of Mr. Smythe as to an ~pproximate cost of a traffic signal, he replied the latest estimate he had heard was between $25,000 and $30,00; That with regards Council's request for additional operational improvement signs along State Road 50, they were presently being installed by the DOT, and, that he had received a price for installation of a lift station at Clermont High School from Bruce Ogden, Inc. @ $6786126. Councilman Beals reported that in lieu of expending the total $7,000 as allocated in the proposed budget for improvements to the existing tennis courts at Kehlor Park, he would like for Council to investigate the possibility of using a portion of the Clermont Elementary playground for construction of additional courts. Councilman Byrd reported that he still was of the opinion that the stop signs located at 7th Street - West Avenue and 10th Street at their intersections with Chestnut Street, should be removed in order to aid traffic flow on Chestnut between 5th and its termination at 12th Street. Councilman Beals presented and moved the adoption of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, INCREASING THE SANITATION COLLECTION RATES and the motion was seconded by Councilman Byrd and unanimously carried. The RESOLUTION was read in full by City Attorney Vason, the Number 223 assigned to it and copy ordered posted. Councilman Schroedel offered and moved the adoption of AN ORDINAHEE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONIHG STRICKLING STREET FROM THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50 to THE NORTH RIGHT-OF-WAY OF HILL STREET, 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 motion was seconded by Councilman Byrd, The Ordinance was read for a second and final reading by title only by City Attorney Vason, and upon roll call vote on passage of the motion the result was: Ayes: Schroedel, Byrd, Beals and Smith. Total Ayes: Four. Nayes: None. Absent: Smoak. So the ORDINANCE was adopted, the Number 56-M assigned to it and a copy ordered posted. C6uncilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO DUMP-ALL, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY OF CLERMONT WITH DUMP-ALL, INC. TO COLLECT GARBAGE, TRASH AND OTHER REFUSE WITHIN THE CITY LIMITS: PROVIDING THE TERMS OF THE CONTRACT: PROVIDING FOR THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT, and The Ordinance was read for a first reading by title only by City Attorney Vason. . e e . MINUTES Nt} 967 Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE C09E OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING A PROCEDURE FOR THE CLOSING, VACATION, AND PERMANENT ABANDONMENT OF CITY STREETS: DEFINING II STREETSII: PROVIDING FOR PETITION TO THE CITY COUNCIL: ESTABLISHING A FILING FEE: PROVIDING FOR ADVERTISMENT AND PUBLIC NOTICE: PROVIDING FOR THE CITY TO RETAIN UTltlTY EASEMENTS: REPEALING ALL ORDINANCE IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Beals. The Ordinance was read for a second and final reading by title only by City Attorney Vason and upon roll call vote on passage of the motion, the result was: Ayes: Beals, Smith, Schroedel and Byrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the ORDINANCE was adopted, the Number 96-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, LAKE COUNTY, FLORIDA, AMENDING SECTION 25-7 (A), BY REPEALING THE SAME AND SUBSTITUTING THEREFORE A NEW SECTION NUMBERED 25-7(A); abolishing THE REQUIREMENT THAT THERE BE ONE WATER SERVICE TO A PREMISES OCCUPIED BY COMMERCIAL OR MULTI-FAMILY RESIDENTIAL HABITATIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Byrd. The ORDINANCE was read for a second and final reading by title only by City Attorney Vason andupon roll call vote on passage of the motion, the result was;Ayes: Smith, Beals, Schroedel andByrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the ORDINANCE was adopted, the Number 97-C assigned to it and a copy ordered peeted. Councilman Beals reported that he had been appointed to serve on the Jaycee Political Action Committee, and that it was their desire to sponsor a commuiity type town hall meeting in order to discuss with and hear from possible candidates for city election. Mr. Beals further advised that he felt it would be more appropriate for city officials to initiate such a program. Mayor Smith reported that inasmuch as he would be out of the city on Labor Day, he was requesting that Councilman Beals, Mayor Pro-Tem, be present at the dedication of the newly constructed pavillion at Jaycee Beach to accept same in behalf of the City from Chamber of Commerce and First Federal Savings and Loan Association. Mr. Beals agreed to be present. Councilman Beals inquired of City Attorney Vason as to the criteria and/or formula of the breathalizer readings with regards prosecution of OWl cases in Municipal Court. Mr. Vason advised there were several other matters involved (such as previous records-character-attitude toward the arresting officers, etc.) and not just readings from the breathalizer. The meeting was adjourned by Mayor Smith.