12-27-1973 Regular meeting
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REGULAR MEETING
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A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Thursday, December 27, 1973. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Council-
men Czech, Beals, Byrd and Schroedel. Other officials present were: City Controller
Fleming, City Clerk Carroll, City Attorney Vason, City Manager Hopkins, Director
of Community Services SmYthe and Chief of Police Tyndal. Others present were: Mr.
and Mrs. W. O. Boone, Mr. and Mrs. William KOJlar and the Messrs. Waller, Oswalt,
Schroedel, Beals and Wade.
The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of
Allegiance in unison by those present.
There was correction to the Minutes of the Regular Meeting held on December 11,1973
as follows: Upon roll call vote on the motion to rescind the motion made and carried
to grant the request of the Crest Restaurant to remain open until 3:00 A. M. on
New Years Day, the result was: Ayes: Czech, Byrd, Smoak and Schroedel. Total Ayes:
Four. Nayes: Beals, Total Nayes: One.
There was an addition to the Minutes of the Special Meeting held on December 13, 1973
as follows: Councilman Byrd inquired of Mr. Crowson as to the cost for field surveys,
line location, groundwater measurements, etc. that would be in addition to the
infiltration/inflow analysis cost, and he was advised an estimated cost between
$2500.00 and $3000.00.
The Minutes of the two meetings were then approved as corrected.
City Manager Hopkins reported on recent correspondence which he had received from the
Florida League of Cities with respect to the energy crisis and proposed legislation
of same as would affect municipalities, namely, it is proposed that municipalities
shall be required within a specified period of time to cut back their energy consumption
by 20%, and, that those municipalities which provide street light would be required
to cut back the street lighting by 50%.
City Attorney reported that he had not yet received a reply from the Attorney General
with regards his opinion of the legality of Council taking action on proposed
Ordinance No. 100-C, but that he felt one would be forthcoming prior to time of final
passage of the ordinance, if Council desired to go ahead and introduce it for first
reading at this meeting. With regards the condomnation proceedings of the Johnson
property, Attorney Vason requested that Council designate someone to execute the
legal documents as would be necessary pertaining to the matter, whereupon motion was
made b~ Councilman Schroedel, seconded by Councilman Czech and carried that Mayor Smoak
be so esignated.
Mr. Vason further reported that his attempts at negogiating for an out of court
settlement with the defendantls attorney had, todate, been futile. It was consensus
of Council that Attorney Vason continue to proceed in a normal manner with regards
this matter, leaving communications open for negogiations out of court.
With re~ards the Home Rule policy adopted by the State establishing a time limit of
ten (10) days for adoption of municipal ordinances, Mr. Vason advised that this was
the ruling unless otherwise specified in the ordinances.
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With regards and investigation of lakefront properties on which the city had granted
easements, Attorney Vason reported that he had not pursued the matter further, pending
further direction from Council, upon having been advised by Jim Loflin of the
County Tax Assessor's office, that adjacent (across the road) property own~rs were
being assessed for the lakefront properties and all improvements located thereon,
and, considered by their office to be the owners. Mayor Smoak reported that he had
been advised by Robert Paxton that it was his intention to retain an attorney to
investigate the ownership of the property on which he has improvements and that he will
then furnish to Council the recommendations and legal opinions of this attorney as to
when (if in fact they do) the city acquired title to the property - under what means
the city acquired the title, and exactly where the property owners stand in relation
to,"tbeccity government having granted easements and building permits, etc. It was
consensus of Council that no action be taken regarding this matter until receipt of
this information, which Mr. Paxton had said would be started immediately.
Mayor Smoak inquired if something could be done,'!at least temporarily, with the
numberous chuck holes in streets throughout the city caused from recent rains, and
City Manager Hopkins advised that he would take care of the matter. Mayor Smoak
further repprted that he had received complaints following the placing of No Parking
Signs on 8th Street in front of the hospital. It was final consensus of Council that
such parking created a hazardous traffic condition, and that adequate off-street parking
was available nearby as well as on-street parking on the 8th Street service road.
It was the suggestion of Councilman Beals that a podium be acquired for use by persons
appearing before Council and City Manager Hopkins agreed to take care of the matter.
Mayor Smoak reported he had received correspondence from officials of the Library
Board and the South Lake Art League. wherein they expressed appreciation to Council
for interest and cooperation during this past year.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSECTION (F)
OF SECTION 26-24 OF APPENDIX A OF THE CODE OF ORDINANCES: ALLOWING AS CONDITIONAL
USE MULTIPLE FAMILY DWELLINGS IN C-l ZONING DISTRICTS AND C-2 ZONING DISTRICTS:
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING
AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by
Councilman Czech. The Ordinance was read for a second time, by title only, by City
Attorney Vason, and upon roll call vote on passage of the motion, the result was:
Ayes: Czech, Smoak, Beals, Byrd and Schroedel. Total Ayes: Five. Nayes: None.
So the Ordinance was adopted, the number gs;t assigned to it and a copy ordered
pos ted . /~...c.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES:
REZONING LOTS 1 THROUGH 16, BLOCK~ 84, AND BLOCK 89 A FROM C-l ZONING CLASSIFICATION
TO C-2 ZONING CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING
FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and
the Ordinance was read for a first time, by title only, by City Attorney Vason
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 3-4 OF THE CODE OF ORDINANCES:
REGULATING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY: REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERAILITY: PROVIDING AN EFFECTIVE
DATE: AND PROVIDING FOR PUBLICATION and the Ordinance was read in full for a first
reading by City Attorney Vason.
Following introduction of this Ordinance and prior to next meeting of Council at
which time the Ordinance would be presented for final reading and adoption, City Manager
Hopkins asked that Council render an interpretation of a "licensed restaurant" to
aid in the enforcement of this ordinance, should it be adopted. He made this request
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based on information obtained from the Hotel and Restaurant Commission wherein they
advised that licenses for restaurants were categorized as follows: A sit down type
of restaurant where a waitress waits on you with no minimum as to type of food
or size of the establishment; A take-out restaurant which includes the 7-11 Stores
and like establishments which offer icys and hot sandwiches and the counter type
restaurant like the Burger Chefs and McDonald's where they do not have waitresses.
He further advised he would like Council to consider what type of licensed restaurant,
based on these classifications, would be allowed to serve on-premise alcoholic
beverage consumption, if they held a beverage license to do so.
Mayor Smoak read a letter from Peyton Telfair wherein he offered for sale to the city,
property owned by him which abuts West Beach and at a price of $3,000.00. It was
consensus of Council that this property was not needed by the city at this time, and
City Manager Hopkins was requested to so advise him.
Mayor Smoak reminded Council of a memorandum received from the City Manager with
regards the various appointments to be made to City commissions and boards at the
first meeting in January, and asked that they consider and make contacts with persons
whom they wished to nominate, prior to that meeting.
With regards the possibility of utilizing the clay pit located on the Oswalt property
south of Highway 50 and West of 12th Street for an interim percolation pond of sanitary
sewerage effluent, Mayor Smoak advised that he had contacted members of the Lake
County Pollution Control Board who appeared to be in agreement with such an arrangement.
He further reported that corings and topo information had been obtained from the
site which indicated that such usage of this area would be acceptable and that they
were being forwarded to the Lake County Pollution Control Board for their consideration
and subsequent presentation to the DPC in Orlando. It was determined by Council that
preliminary proceedings should be started immediately, whereupon motion was made by
Councilman Byrd"seconded by Councilman Czech and carried that Richard Oswalt be "
authorized to work out an agreement for use of the property.
Motion was made by Councilman Byrd, secondedeS by Councilman Beals and carried that
City Manager Hopkins start preliminary negogiations with owners of property involved
on which easements would be necessary, ana, with all other aspects of the proposed
project._ _. ..__.
The meeting was adjourned by Mayor SmOak.
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