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10-14-1975 Supporting DocumentsM I N U T C S NO, 1192 A Reggular Meeting,� of the City Council of the City of Clermont, Florida was hold in tha Council Cflambers on Tuesday, October 14, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Oswalt, Byrd, Schroedel, and Blackburn. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, and Chief of Police Tyndal. Others present were: Mr. and Mrs. C. Welborn Daniel, and Messrs. Hanks and Beals. A representative of the Sentinel/Star was also present. 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 September 23, 1975 and of the Special Meeting hold September 29, 1975 were approved as written. Mrs. Carol Sue Daniel, representative of the Clermont Jr. Womans Club, appeared before Council to inquire of and to solicit the city's cooperation in their project this year of assisting the Cooper Memorial Library Board in their need for additional operating expenses. Mrs. Daniel advised that their initial proposed project in this endeavor was to promote an all day carnival/entertainment program which would hopefully consist of total community participation, and if their proposed be accepted by Council, would solicit the participation of all local merchants, civic and fraternal organizations. Mrs. Daniel inquired of Council's opinion and permission of the following: Use of Jenkins Auditorium, parking lot, and adjacent park on the east for various booths, games, and pony rides; hayride in the evening; rides offered on the city's fire truck, and utilization of the Chamber of Commerce phone for radio publicity. Council was'in agreement with'. such a worthwhile project as proposed to be sponsored by the Jr. Womans Club, and felt it was commendable on their part to undertake such a program in their effort to assist another organization. Motion was made by Councilman Schroedel, Daniel was advised however, that the request Tor use oT tine it phone would have to be made to officials of,that organization. City Manager Hopkins submitted his report both orally and written, and a copy is attached hereto. Mr. Hopkins further reported as follows: That the local police department was sponsoring a "Help Stop Crime Program" via films in the Jenkins Auditorium on November 4th, and, That inamsuch as Veterans Day on November llth, a holiday observed by city employees, also fell on a regularly scheduled council meeting night, inquired of Council's desire to hold the meeting as scheduled, re -schedule to a different date, or cancel it. It was consensus of Council that the meeting be cancelled for that date, and if a need arose for council action prior to the next regularly scheduled meeting on November 18th, a Special Meeting could be called. Mayor Smoak submitted his report both orgally and written, and a copy is attached hereto. With regards need for Council designation of a voting delegate to the Florida League of Cities convention to be held on October 23rd, 24th, and 25th, it was the suggestion of Mayor Smoak that City Manager Hopkins be so designated inasmuch as he shall be attending the sessions on all three days. Council was in agreement with this and Mr. Hopkins was so designated. Mayor Smoak further reported that he had contacted Dr. John Zoltek and Ms. Suzanne Bailey, Assistant Professor of Engineering Sciences and Ecologist at the University of Florida, respectively, and that they were agreeable to come to Clermont for just the cost of travel expenses to survey the physical site of the city's treatment plant, the potential availability of use of the marsh for effluent distribution as opposed to purchasing land for spray distribution, and then meet with all interested persons at City Hall on Friday, October 17th at 10:00 A. M. He advised that Dr. Zoltek and Ms. Bailey were the two people reforming and doing the research work on the Wildwood marsh for effluent distribution from the City of Wildwood. MINUTES M 11.93 City Manager Hopkins reported briefly on the recent meeting of the South Lake County Planning & Zoning Committee at which he, Mrs. Ray from Clermont, Mrs. McDonald from Minneola, and Mike Willett and Nancy Crissinger from the Lake County Planning Department were in attendance. Ile advised the "jist" of the meeting was to review the conunents developed by the City of Clermont and the Town of Minneola in response to contents of the county plan, and that for the most part, Mr. Willett was agreeable to either modifying the language or clarifying certain points to keep it in line with what the city's feeling was. Mayor Smoak, City Manager Hopkins, and Councilman Blackburn each reported briefly on the recent sponsored Lake County League of Cities meeting regarding the state mandated Municipal Planning Act to which state officials from seven different adjoining counties had been invited to attend and participate. Inasmuch as it is often that the original intent of acts has been distorted'by'.time,df..implementation, they reported they were well pleased that Representative Nelson, sponsor of the Act, was present to explain his reasoning and intent in sponsoring same. Mayor Smoak enumerated points brought about during the meeting which he felt were very beneficial in making the state officials and legislators present, aware of the problems and feelings of local municipal officials, as follows: Insufficient cause shown for the need of such an Act as mandated from state level; That local municipal officials were greatly concerned about the cost requirements and cost burden to each municipality in implementing such an Act; That very few municipalities had existing "in-house" persons with the necessary expertise as required; to put such a plan together as complete as it is expected to be; and, That it was a general feeling of local municipal officials that no need existed for excessive state controls over local government, that local people have a better feel for what their needs are, a better feel for how their funds should be expended, than having mandates for such issued from the state level. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried, that the bills be paid. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF CARROLL STREET DESCRIBED HEREIN, 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: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SUB -SECTION C OF SECTION 5 OF ORDINANCE NO. 57-M ESTABLISHING A RATE SCHEDULE AS EXHIBIT A TO SAID ORDINANCE: 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 City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the results was: Ayes: Oswalt, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the number 80-M assigned to it. Councilman Oswalt offered and moved the adoption of 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 THE REAL PROPERTY DESCRIBED HEREIN FROM R-1-A 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 motion was seconded by Councilman Blackburn. The Ordinance was read for a second and final reading by City Clerk Caroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes: Nayes: None. So the ORDINANCE was adopted and the number 137-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL MINUTES N9 11.94 ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE" OF ORDINANCES: REZONING CLASSIFICATION 1.0 M-1 ZONING CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOIL 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 City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Schroedel, Byrd, Oswalt, and Smoak. Total Ayes: Five. Nayes: None. To the ORDINANCE was adopted and the number 138-C assigned to i t• . With regards the city's position as to what necessary steps should be taken to either improve the badly deteriorating private property known as Freeman Lane and used by the general public, or prohibit Thru Traffic on it, City Attorney Baird advised the cost would be prohibitive to acquire title to the property In order to establish it as a street and thereupon make improvements, and he thereby recommended that it be blocked to thru traffic to eliminate any possibility of the city being liable for damages incurred as a result of its condition: Motion City Attorney Baird submitted a corrective Quit Claim deed on the property in Oak View Subdivision previously quit claimed from Mr. & Mrs. Don M. McCaffrey, wherein it assured that the property would be used for street pruposes. Motion was made by Councilman Oswalt, seconded by Councilman Schroedel and carried, that City As a result of many months of study and review of City Charter by the Charter Revision Committee, chairmaned by City Attorney Baird, he submitted a proposed charter in its entirety which deleted those things over which the Home Rule Powers Act took precedence, included the latest general laws, corrected antiquated language, and clarified many points. In order to conform with existing election laws and be able to place the proposition of a revised and new charter on the ballot of the General Election to be held on December 2nd, Mayor Smoak submitted the following format: Public Hearing to be held on Monday, October 20th in the Council Chambers at 7:30 P. M. to review the proposed charter; Council action in regular session on October 21st to have emergency enactment ordinance prepared; and, Council action on Enactment Ordinance at regular meeting to be held on October 28th. Motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that the proposed format as submitted by Mayor Smoak be accepted. With regards the request of the Lake Improvement Committee that Council take formal action requesting to the East Central Florida Regional Planning Council for permission to administer its own work program as to be provided for in the "208" program, it was decided that a letter be formulated and submitted to the city's East Central Florida Regional Planning Council representative first for his perusal and comment, and then same be considered by City Council. With regards appointment of a city representative to the Lake Community Action Agency, Inc. Board of Directors, motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that Mrs. Bess Jones be appointed. With regards various proposed changes to the Signs and Zoning Ordinance as recommended by the Planning and Zoning Commission, there still remained certain aspects for consideration by Council. City Manager Hopkins submitted a resume of these to Council, and a copy is attached hereto. With regards the 2nd part of Enumeration No. 3 as regards changes to the Sign Ordinance, it was consensus that total frontage on corner lots be clarified to read that frontage shall be determined on each street that it faces. Motion was made by Councilman Blackburn, seconded by Council and MINUTES P 7 N91195 Or'fc{nance.�Gfftfi regards Llie discussion held regarding changes to the riniu i,mic or var ancos, it was consensus of Council that no change be made. With regards recommendation of the P & Z Conunission that Churches be allowed In C-1 and C-2 zoning districts; as a Conditional Use in addition to the existing R1AA thru R3 zoning districts in which they are presently allowed, it was consensus that zones M-1 and M-2 also be included, whereupon motion was made b Councilman Oswalt, seconded by Councilman Blackburn and carried t at C t Attor� Uaira The meeting was adjourned by Mayor Smoak at 9:45 P. M. Claude E. Smoak, Jr., mayor Dolores W. Carroll, City J Derk 0 GENERAL FUND American Public Works Aimoc. Armstrong, anith Paints Bob 'a Cal liegstvomr Central Fla. 13ig r?70virg;u Clermont Auto Part;;.', Inc. Clermont Builders Supply, Inc. Clermont llardwaro & Cupply Co. Clermont Shull Station Cobloa Radiator & Auto I:)lect. Duat-JI'cx Service Eckerd Drugs F & R Office Supply Freeman'❑ Repair Gem Chemical Co. G1enm Joiner & Son, Inc. Goodyear Service Station Harb Equipment, Inc. Hi —Acres, Inc. Hunts Garden Center hilltop Stationery I B M Jim Willis J & L. Lock Co. Kar Products Inc. Konsler Steel Co. Lake Apopka Natural Gas Dist. Maddens Electrical Service McCain Sales of Fla., Inc. W. M. Teal Mobil Oil Corp Morgan's Auto Parts Motorola Inc. Southlake Press Standard Auto Parts Sears, Roebuck & Co. The Daily Commerical Williams Garage Western Auto ACCOUrt't'S PAYAKE 0WOBUi 1975 Paint) Rup.!iir Teat Cuohlon & Pack Rost) Copyrstat '%Irt plion) Rur'lap B'IgllJ Auto Ntint• &Repait- Prtrtn) Concr(,to & Pn1nt) Auto M11int. & Repair P111'") Tivu R(ipais') mdantor Repair) Janitorial >ul,pliou) Prinnorc 5upp1100, 1'lim, First Aid) Filet;) Crank Pu11uy & Water Pump) Janitorial Supplies) :Grind Valor) ;Tiros ) 'Trans. Fluid) ;Chlordane 811,) (Chlordane, tog Food) (office Supplies) ('fypewri.ter, Ribbonrs) (r4ail. Box Pont) (Small Equip. Repair Parts) (Install. Switch on Pump) (Sims) Diesel. Fuel) (Petroleum Products) (Auto Maint. & Repair Parts) (Radio Maintenance) (Publishing) (Auto Maint & Repair Parts) ("C" Clamps) (Advertising) (Vehicle Repair) (Batteries) 7 9,0.00 6.59 110.00 19.95 105.00 151.60 ;I 1109.30 10.80 2.00 ! 21.00 14.60 18.28 18.60 15.00'; 56.70 10.00 399.00 33.30 22.00' 9.511 269.69 27.00 6.35 2.83 250.26 14.04 25.00'.. 7671i; 542:16'; 190.00! 1,232.50< 197.10. 6.10 12.60 12.10 12.00 4,906.75 U.. ACCOU11Y5 PAXA13TE OUYPODEi 1975 UTILTPIPS DEPAMMEITV Clermont Huildore Supply (Building Supplier)) 19.09 Clermont Auto Parts, Inc. (th.)tor Mounts, Dcaringo, U-Joint) 51-78 Clermont hardware & Supply Co. (Dip Not, Rubber Pootrs, Nittcry) 33-86 Curtin Matheson Scienti.£ic Inc. (Chemicals) 126.93 Hilltop Stationery (Of Tice Suppli.ea) 3.93 Hack Chemical Co. (Chemicals) 26.94 Konalcr Stool Co. (Stool) 15.51 Lakeland P.atteries (13attery) 20.85 Mid -State Mechanical, Inc. (P.V.V. Pipe) 61.88 Morgons Auto Parts (Muf£lor & Tail Pipe) 29.30 Orlando Lab., Inc. (Chemical Analysis) 35-00 S.O.U.S., Inc. (Vales, Ello, Caps) 421.417 Sta-Con Inc. (Control Unit, Power & Door Cable) 218.00 Standard Auto Parts ( Auto Parts & hhi.nt) 6.76 Western Auto Asseo. Store (!loots) 8.99 1,079.62 TO: City Council FROM: City Manager SUBJECT: Churches - C-1 & C-2 Zoning Districts DATE: October 10, 1975 At present, churches are allowed in R1AA thru R3 zoning districts as a Conditional Use. At a meeting on October 9, 1975 the Planning and Zoning Commission considered allowing churches in the C-1 and C-2 zoning districts as a Conditional Use. The P & Z Commission voted in favor of the change. The Commission felt that churches would not be any more detrimental in a commercial zone than a residential. There was no apparent reason why the churches were omitted from the commercial zones. It is recommended that the Council initiate action to amend the ordinance. .M.H in cc: City Clerk Agenda 10/14/75 Building Official City Attorney i 1'O: Cll.y Cnunr,ll. I'IIONI CILy hIanogor SUBJECT: i' f. ! RucaunntondnClonu Signs and Zoning DATE SepLember 30, 1975 As it reoul.t of thu joint work nosnlon of the City Council and the Planning 6 Zoning l:mm11ilsnion, the following aspects of Lhc proposal are noted for furthor cons 4doratIon. SIGNS 1. Off site signs uhnll not: be located nearer than fifty (50) feet from inLeraceLing aLrecl right-of-way lines. 2. Political signs may not exceed sixteen (16) squnre feet rather than twelve (12) square feet. 3. Off site signs are presently permitted based on thirty-two (32) square feet of sign for the first twenty-five (2.5) feet of frontage. It was a consensus Lhat the wording be clarified to allow thirty-two (32) square feet of sign for frontage up Lo twenty-five (25) feet, thereafter on the one to one ratio to the maximum of three hundred (300) square feet. Also, the provision that where two (2) ground or projecting signs are used, on a lot the area of both signs shall not exceed the area allowed for the total frontage should be clarified as to total frontage on corner lots. 4. Wall and marquee signs are presently'permlLted based on thirty-two. (32) square feet of sign per fifty (50) feet of frontage. The proposed change provides for thirty-two (32) square feet of sign for the first twenty-five (25) feet of frontage, thereafter on a one to one ratio up to the maximum size allowed. It was consensus that the word[ul; be clarified to allow thirty- two (32) square feet of sign for footage up to twenty-five (25) feet, thereafter on the one to one ratio up to Lhe maximum 5. The provision requiring a licensed sign erection company for the installation of signs larger than thirty-two (32) square feet or higher than ten (10) feet from ground level to bottom of sign was referred to the City Attorney to determine city's responsibility and liability in the safe erection of signs. 6. It was also noted that Section 26-79.30 be clarified as it relates to the reference points in the measurement of sign setbacks (Right of way and leading edge of sign). iittr '� City Ccunall. Septombur 70, 1975 ZONING 1. Th. n- win vo ideribl, dIncuanl, : rogardI •g tbn doe.rnbilIty and I'I;,IIty I-f rime l.lnilt for virlancen. It. AI l.e, cc: City Clerk - Agenda 10/14/75 City Attornoy Building Offl,!lnl TO: City Council FRO14: City Manager SUBJECT: Lake Improvement Committee DATE: October 9, 1975 At a meeting on October 9th, the Lake Improvement Committee discussed - the City of Clermont's involvement in the 200 program. In order for Clermont to receive significant benefits from the program, partlakeirestoration, the committeeefoolsgthatsClertormontrs�houlde1ent and seek independence from Orange -Seminole -Osceola by administering the "Clermont portion" of the program. Attached is a sample letter drafted by Sandy Young which enumerates the committee's feeling. The committee requests that the Council take formal action, letter or resolution to the East Central Florida Regional Planning Council, I requesting that Clermont be permitted to administer its own work program. 1. �Ini Attachment cc: City Clerk w/attachment - Agenda 10/14/75 City Attorney w/attachment L e-rT As indicated in our porposed work program of December 1974, Clermont has defined specific studies relating only to stormwater management and take restoration procedures. We are concerned that the specific reasons for our participation in the 208 water quality management planning program will not be realized. These particular studies, when completed, will hopefully provide detailed construction plans and work schedules. For instance, if the 208 study indicates that some of the ten lakes require sediment removal for restoration, factors such as the amount to be removed and the location and area required for dewatering the sediments should also be determined within the 208 program. Our work plan also includes development of stormwater management practices for each catchment system for each lake. The enormous numbers of systems in Orange, Seminole and Osceola counties necessitate the utilization of general rather than specific approaches to runoff management and lake restoration. Clermont has, through its own efforts during the past years, gathered this generalized data, including a comprehensive literature survey and has done various studies on all the lakes. Clermont, therefore needs more detailed, specific data than will be gathered in the larger portions of the 208 area. Conversely, such problems as feedlot runoff management, solid waste disposal, deep well injection and groundwater withdraw studies are not areas in which Clermont meant to concentrate effort at this time. Accordingly, it is our wish that Clermont's scope of work be preserved in its entirety. A possible method to insure that Clermont gets the information needed from the 208 study is to have Clermont directly administer its own portion of the study. RECEIVED 81975 Labe Community Action Agency, Inc. a2 Ji(ignolin Ao mnn ENaiv, Horlda 327.16 111Nmmw 901.357•5550. 357.3,197 IAME.S II. I.oWR ATTORNEY JXFFXBBON BAY, IN S, T. &. PINKNRY R...ullr. Ult..tot P-1d.n1 VIve.PeeelJenl MANY Owl,EB, B--l-ly C.1. MACKEY, T....n,,, October 6, 1975 T. if. POOLS, PeJlm. nle,len BOARD ON DIRECTORS B, T. R. PINKIIKY YRANK BKILnnEAD City Commissioners ORDIX SHOWN City of Clermont C. O. LOTT LEWIS Y. HART Clermont, FL 32711 WALTKR )NINNY ELLA McCRABY IIUIIBY.IIT IIAIIIIIS Dear FYicnds: BEES A. )ONES LEE M.COMB ROBERT MILLEII Again, it is time to form a new Lake Community Action Agency Board of Directors. We are giving the City of Clermont an opportunity to nominate a representative to serve on the Board for the program year beginning December 1, 1975 through November 30, 1976. Your nominee will be presented to our Board at the Annual Meeting at the Leesburg Community Building's Main Auditorium, at B P.M. on Wednesday October 29, 1975. May I remind you that our primary mission is to alleviate or erase poverty and its causes. we form that bridge which brings the persons with needs to that local agency that can best serve these needs. Please complete and return the enclosed nominee form not later than October 17, 1975. If there should be any questions please call our office. Thank you. 7s n erely, es H. owe xecutive Director JFL/wmc Enclosure AN EQUAL OPPORTUNITY EJIPLOYER CITY MANAGER'S REPORT 14 OCTOBER 1975 BOND VALIDATION The bond validation hearing for the water and sewer improvements has been scheduled at 11:55 A. M. on November 4th in Tavares. WATER & SEWER BIDS Scaled bids on the water and sewer improvements will be received by the city until 2 P. M. November 13th. The bids will be reviewed by Dawkins & Associates and a recommendation for award will be made at the Council meeting on November 18th. Notice of the project is being sent to 35 Florida firms as well as the F. W. Dodge Company and the Central Florida Builders Exchange. VOTER REGISTRATION The deadline for voter registration for the December 2nd City election is 5 P.M., Saturday, October 18th. As a convenience to the citizens, City Hall will be open Saturday, October. 18th from 8 A. M. - 5 P. M. Also, the Supervisor of Election's office in Tavares will be open that day until 5 P. M. DOOR TO DOOR SOLICITATION From time to time we get comments from citizens regarding needed controls on door to door solicitation. It is the feeling that door to door solicitation should be controlled through investigation of the salespeople and registration with the city. At the present time we require that salespeoplefrom out of town register with City Hall and the Police Station. The registration consists of nothing more than recording the name of the sales person and the company and the time when sales will be conducted. To do anything more sophisticated than that would be time consuming and costly with questionable benefits. It would be virtually impossible to check the credentials and register every person who goes door to door trying to sell some product. ' R h1c nS s h MAYOR'S RrPORT The Luke County League of Cities will meet Wednesday night, the 15th of October, in the Mt Dora Community Building at 7 P. M. The program for the evening will be delivered by the Honorable Richard Kelly, Congressman from the 5th District. His topic will be "Novi locally elected officials can assist federal officials in the performance of their duties". He will also speak on the Federal Revenue Sharing Act which is due to expire in 1976. I urge all of you who can to attend. The Florida League of Cities Annual Convention is to be held in Orlando the 23rd, 24th and 25th of October. Any council member who desires to attend please contact the City Manager for necessary reservations. Clermont's next election will be held on December 2, 1975. The Seats 2 and 4 will be on the ballot. In addition, the acceptance of the changes to the municipal charter will be voted upon. Qualifying ends November 17, 1975. Qualifying', petitions are now available at City Hall for all those oarties who may wish to place themselves as a candidate in this election. Persons wishing to register for this election who are not currently registered in the city may do so at City Hall until 5 P. M. the 18th of October. Registrations may also be effected in the office of the Lake County Supervisor of Elections in Tavares thru 5 P. M. Saturday, October 18th. Claude E. Smoak, Jr. October 10, 1975 1l0VAPI AMA) 113AHIA) ArIC11111VI. AT LAW I WMI WATR NLA;A —Wr. (llr I11"111VTr V1,0111IIA aUTll O ION06 [ NOVI/ Lmruno n a•nln, ul July 17, 1975 IIIIINON Nw) so..v0, Honorable Claude 1;. Smoak, Jr. Mayor, City of Clermont 840 2nd titreet Clermont, Florida 32711 RE: REQUEST FOR OPENING AND CONSTRUCTION OF STREET I Dear Mayor Smoak: Pursuant to the City Council's request, I hay.! researched the gllrst•ion o1 the opening and construction of a street and the purported contract. hntween 111c City of Clermont and Mr. Don McCaffrey. The City Charter provides that the City had the power to open and construct streets, but neither the Charter nor the Code of Ordinances indicatesany rules or regulations to follow in determining whether a street should be opened. Florida law on this subject is somewhat limited. It is generally accepted, however, that the question of opening or constructing a street rests in the discretion of the City Council and is governed by the necessi- ties of travel in each particular case. Normally, the courts will not interfere with such discretion unless a clear abuse of the discretion can be shown. , It is also generally accepted that the exercise of this discretion cannot be re- stricted by contract. A contract concerning the opening, closing or construction of a street is considered "ultra vices" and void. Thus, any contractual agree- ment with Mr. McCaffrey concerning future opening of a street is void. T11e only consideration in opening a street is the "necessities of travel". There is an indication in the file that the property in question was deeded to the City at a value of $4,200.00. Since the consideration the City was to pay (ie, opening a street) is void, the City may be liable for what would be called an "ad- equate consideration". It would be my opinion that the "adequate consideration" j is $4,200.00. If the City determines that the street should be opened, there is no responsibil- ity to construct a particular type of street or use a particular type of construc- tion. This decision again :is controlled by "necessities of travel" and cannot be affected by contract. . Ilonarrtbls Clnuda P,. SmonL, ,ir. July 17, 1975 Page 2 It would be my roeammeudntdon that tiro CLI.y doterml.no if tha necentliClos of Crnv- e1 domand a atreat• at thnt particular locntion, and if so, whnL I•ype of construc— tion should be used. If there in no demand for a street, 1. would auggesL the City notify Mr. ticcarfrey and enter into naLOIAntions for pnyment .r nn adequate conuld— arntion for the property. Very truly your:;, 4-1 LEONARD 11. BAIRD JR. LFIB/hmb ' TO: City Council FROM: City Manager SUBJUCT: McCaffroy-Street Improvement DATR: Soptombor 5, 1975 On Monday, August 26,1975 I mot with Mr. and Mrs. Don McCaffrey regarding their requostod street improvement on the property deeded to the City by the McCaffroys in 1969. At the Council meeting, I was instructed to discuss the possibility of a payment to the McCaffroys in lieu of the construction of a street. The McCaffroys ware most emphatic in the position that the property be used for a street and no other purpose. They are not interested in a cash settlement. The initial question which needs to be answered is whether the City is obligated to honor the commitment made by former City Manager Albert Johnson. While the deed makes no reference to street purposes, Mr. McCaffrey contends that since the property is fifty feet wide, the purpose is obvious. The McCaffroys are of the strong opinion that the commitment was made in good faith and should be honored. The second question which needs to be answered is whether the street improvement should be made. Since the pro- perty to the cast is vacant for the most part, the improvement does not appear to be necessary at this time. However, when the property to the east which fronts on the US 27 service road and is zoned commercial, develops, a rear access road could be highly desirable. This, to some extent, will depend on the type and extent of development. From the standpoint of protecting the residential uses from the commercial uses, a street or alley is generally considered a good separator, particularly if coupled with land- scape or other buffers. It obviously provides greater distance between the uses. If treated solely as a means to serve the commercial, the street, in effect, could be little more than an alley. Thru traffic could be discouraged by making the alley one-way north to south, assuming the improvement was made from Minnehaha Avenue to Hook Street. These comments regarding the desirability and feasi- bility are made only to show that under a given set of circumstances the street or alley could be desirable for all concerned. It doesn't seem unreasonable to assume that the City could very well require rear access for certain types of development. The McCaffrcys have stressed that they want the property used only for a street and that they will not be required to share in the cost of construction. They agree that the improvement may not, in fact, be necessary at this time, but want assurances that their position will be honored in the future. In answer to question one regarding obligation, It appears the Clty's future development position would be enhanced by rotn.lning the property for right-o-wily purposos. 'Phis observation is made from it practical rather than from it lagal viewpoint. In answer to quostion two, the McCaffrcys and I agree the ,improvement is not necessary at this time. I don't believe the City can be tied to a specified im- provement data as the McCaffroys desire, but should make the improvement at such time as the City determines it is needed and can bo justified. Tile matter of making the improvement at no cost to Mr. McCaffrey or subsequont owners or developers is it legal question which I am not prepared to answer. It. M. Hopkins "0 lktx 606 t:In•ruumt, florid, 32711 7aptembcr Il, 1075 City of Clcrovrni. Clermont:, Vlortda :I2711 Attention: City Hv- Robert Ilupltl.nn, nrvl Thc. CLty CnuacLl C,nmpletinn of 111.Ihnll.and Sti:c„t, Clermont, PLorIda Gent ieliY:n'. Our position on the completion ofMilhoiland Street from Route 50 to Hoult Street: In that in the best lntr_rertn of all concerned, this project should be Ln the future city plans. The rights af ways have been dedicated or held nvsilnbl.e ninco the early to mid fi.ftl.os, with full knowledge that: (1) The property would eventually go to commercial development l.f Clermont la to grcn+ and prospor, and "i (2) That such conunercial. development Should have nvailable to Lt ready access from the rear, directly from Routh 50 and the southern approach on Iloolt Street. To consider Such conme_rclal approaches over the J.ight duty streets in Unit View and ,uliny Dc11 Sub-di.vLs Lon; wouLd he most LmpractLcnl. The originalarrangement war. concluded by us and the City 11anager, after consultation with Lite City Engineers. It wns evidenced by a deed pro - pared by cite then City Attorney, together with a letter covering the city':: obligations from the City Manager, The delay vac to permit the cl.ty to install newer Itner before f.Lninhing the Strout. In conclusion, let us say that we will maintain an open mind and will certainly be glad to consider any rpecific proposal: made wLth proper authority. /f truly your/(%s, f' Patri.ria A. ficCaffrey Y1uvm %NJ) HAN111) ATTOIII1KYk AT LAW I -C.—I K 111-A OIII V I: /11.1011,1111\'T. MIr1111111,\ nUTAA n 1, nrlontluo+i au+ lion September 10, 1.975 Mr. Robert M. Hopkins City Manager, City of Clermont 1 Westgnto Plnr.n Drive Clermont, Florida 12711 RR: MCCAFFRRY - CITY OF C1Y,010,11T TRANSACTION Dear Mr. Hopkins: Pursuant to the Mayor's request, I have further researched the City's position in regard to Mr. Don McCaffrey's request for opening and construction of a street. Please consider this a supplement to my letter of July 17, 1975, addressed to the Mayor (copy attached). The first question to be determined is whether there was a valid c Itract berwecn the City of Clermont and Mr. McCaffrey, and if so, the respective �rformanc,s re- quired by the parties. The minutes of the regular meetings of the City Coun. it and the City's files on the matter do not reflect n clear-cut contractual arrangement, but there does appear to be enough evidence to support the following: a. The City was In need of an easement for sanitary sewer purposes. b. In lieu of condemnation proceedings, and in lieu of granting an easement to the City, Mr. McCaffrey deeded the subject property to the City. c. While the deed does not recite any specific reservations or conditions or purposes, there is evidence to support Mr. McCaffrey's position that the property would be used solely ?i•. for street purposes. Mr. A. M. Johnson's letter to Mr. McCaffrey dated December 30, 1969, appears to be the only written memorandum concerning the matter, apart from the deed itself. This letter is probably sufficient to establish that the City can use the property only for street purposes. As I stated in my letter of July 17, 1975, however, the question of the time the City constructs and opens the street cannot be the sub- ject of a contract. The City Council must determine at a specific time that the necessities of travel demand the opening of the street. The second question to be determined is whether Mr. McCaffrey will be liable for any assessments in the event the street is constructed. It is clear from Mr. Johnson's letter that part of the consideration for deeding the property was that Mr. McCaffrey would not incur any expenses when the street was constructed. I Mr. Robert M.; Ilopklnn Septombor lb, 1975 Pogo think this is binding on the City. However, Mr. McCaffrey's position that oubne- ; quont owners also are not liable for nny exponnes is not evidenced in any corres- pondence or tarial. It in my opinion that shnequent owners would share the ex- penses outli�u d by the Code of Ordinances and City Charter. It would lid my recommendation that tbu City mu! Mr. McCaffray clay fy the derd of record with regard to street purposes and Mr. "6•Cnf.f:rcy'!, linbilit• for expanses. Very truly yours, LEONARD H. BAiFD, City Attorney H!iP 1, i e6 i 'n11M 100 ill«ea. 11-1 a flub cl,Aud rlreo, T1116 INSTRUIdf,NT WA5 PRLPARM 11 LMNARfl f1, 0AMD, .117• cxeculivt Ilnc Cn' IIOVIS AMLa 11NI?D Allolnoy'a at 1,aw P,O, DRAWI I. 13111, 81.111 Pdp11 T, I'rprgpA 17711 Ghbo labotthuT, II'AIr1, I/ Mlr,) A/r/IA' IAI IIm, 'l•,rlY' IArlll IArlii IY ;AI I 111,i N/lannl I/Ir, r/nhllirr,, Ini %r,.rl nAl -• n 1 n F/IA/ i•111•lll l•.i llr. AI ,,, IAr „ nl lA/ lint II, I' "r„I^Ir rA•III Inr1ANr IA/ Id roll nn,) lh/ llurll IAr tin nlir •ll,. n, / NnV 1/nl•r i JI Irn In 1, ,u„1, q "o,l. IN Inn, "nU cell � IIn,L ull IA,',r,o, 4nnn du, no.d �/ ne,•• IMin and 75 da o D, l,9 �1firLlllyLv l! f ocloher ./, Between DONALD M. MaCAITHElY and I'AlrltICTA A. McCAFFREY, hill wife u%/ the Corl/lly o% Lake and Slab, of Flortdn , purl// of the first part, and 'rill: CCl'Y OF CLERMOMT, VLORIDA, a municipal corporation, 1 WcatgaLo Plaza Drive, Clermont, of the Coallly u/ Lake and N''tate of Florida prerty of Ilrr, sraonrl part, WitlleSSetll,that the said /)(Lilly of Ill(! fllst part, far alld, in considentlion of the 8wm, of -------------------TEN AND NO/100($10.00)---------------------1)Dltal'sl in /rand paid by tyre said party! of the second, parq, the. recci.pt reherraf is herehq arkllorcl- edged, has ronaaxed, relcascrd and qu,ilolyratnerd, and toy these /Irescayts [toes remise, release and quitclaim la-n.to Nye said party of thesecond part a.11the I.iald, tdtlr, ilterest claim and den ttid. which, the, said party of Ilia first part has in, and, to the follouling described lot , piece or por'ccl of land, situate lying and being+' in the County of Lake State of Illlorida, to wit: The Last thirty (30) feet of Lots A, B, C, and D, in Oak View Subdivision, AND ALSO, begin at a point on the Southern Right -of -Way line of Minnehaha Avenue that is twenty (20) feet East of the Northeast (NE) corner of Lot A in Oak View Subdivision, proceed Southerly and parallel to the Easterly lot lines of the above mentioned Lots A, B, C and D, to a point that is due East of the Southern Right -of -Way line of Oak Drive; thence West to a point that is due South of the Southeast (SE) corner of Lot D, thence Northerly along said Eastern lot lines of A, B, C, and D to the Northeast (NE) corner of Lot A, thence East to P.O.B., all according to the Official Map of the City of Clermont filed February 4, 1926 and recorded in Plat Book B, pages 17 to 23, both inclusive, Public Records of Lake County, Florida. This is a corrective Quit Claim Deed recorded to show the intent of the parties hereto that the above -described property be used for street purposes. To Have and to Hold t1Le same, together with all and singular the appurtenances thereunto belonging or in. anywise appertaining, and, all the estate, right, title, interest and claim, whatsoever of the said party/ of the first part, either in law or equity, to the only proper use, benefit and behoof' of the said party of the second part. In Witness Whereofq the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: DONALD M. McCAFFREY , PATRICIA A. McCAFFREY State of Florida, J County of LAKE 1 I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, DONALD M. McCAFFREY and PATRICIA A. McCAFFREY to me well' known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clermont County of Lake , and State of Florida, this day of .4. D. 19 75. MIOSTATE LEGAL SUPPLY COMPANY Notary Public My Commission Expires 114)VIN ,wir 11nne�r A T11101V 10 nT lnY/ I .9011W1 16 1A ntlIVR 111.YIIMONT, IT1,1111111A 11Yr11 :Irnn1 norro rrn urnr „ n•em .0 September 29, 1975 Robert M. Ilopkinn City Manager 1 Westgate Plaza Drive Clermont, Florida 32711 RE: FREEMAN LANE Dear Mr. Hopkins: RECEIVED t. b 'T Pursuant to the City Council's request, I have researched the matter of the City's position in regard to the Freeman Lane problems. It is my understanding that Freeman Lane is a privately owned road with title veat ed in the Preston Maynard Corporation and Mrs. Betty Hodges. It is my further.. under- standing that that the road was originally paved by the City, but has not been maintained by the City and has deteriorated significantly. In my opinion, the City has two alternatives: (1) Acquire title to the property in question and establish it as a street, or (2) Limit the flow of traffic by blocking off access to Freeman Lane. The City could acquire title to the property by quit claim deed, condemnation, pre- scription, or in accordance with Florida Statute 337.31, a copy of which is attached hereto. Apparently, the record owners of the property are unwilling to deed the prop- erty and condemnation proceedings would be rather expensive, Obtaining title by pre- scription would entail proving that the public has used the property as a right of way for a continuous 20 year period. This would require court proceedings and the cost would probably be prohibitive. Florida Statute 337.31 requires a four vear per- iod of continued maintenance, which the City has not done. Therefore, it appears that the City could not acquire title to the property without considerable expense. i Since the roadway was constructed by the City and it appears to the public to be a city street, the City may be liable for damages incurred as a result of the condition �i Robert M. Hopkins September 27, 1978 Page 2 of the rond. I would therefore recommend that ehe road bu blocked off to thru traffic. Very truly yours, LEONARD 11. DAIRD, .JR. City Attorney LRII/bmb Enclosure ell..137 HIGHWAY COD11—CON'STRUCrmr1 § 337.31 5. tniunellan Salt uu)ohl Prnrofrdhtg't by state Ilia proposed farlllaeo wosil.l destroy n'r rnII!;:. llnti ocorF'in right of fr'rllt water Inhe of pe'_a-llnr and .ray fnrlllnt:n for n;orw "rn cr: and great value to plulnllff. euld'1 Lc pip'.11 e:avullnl far eno•n•uclioa of uulhdnlned. Janes v. )trotvn, h! So, rent, nu grnnnd that drainngu fruln 2d fso (1055). 337.29 Title to roods lit state highway and state park road 6y:5tefllti( recording deeds (1) The to all roads designated ill the State highway system of state park road system sllnll be In the State, 1111less othei'wis9 provided herein, (2) Vvon the vesting of title to tiny lands for highway pun' - poses in the state, the. cominissiouera or public municipal milhori- ties, as the ease may be, shall forthwith issue a deed to the stale covering said lands which shall be duly recorded. Recordation of deeds shall also be effected upon acquisition of tiny land:; by the ; department. History and Source of Law Derivation: Prior Laws: , P T:nsre 1U55, e. 29995, I Io3, Cotnp,Con.17-va Supp.19311, g 2452 (Y). II Lunvs 1035, c, 17307, y 2. II Cross nofarences�' r Drffnitlon of words and phrases, see g 331.03. 7.011 fat•illllcs na not subject to provisions of this section, sea tl 338.12. r] Notes of Decisions I. Tort Ilan In of coon ties C"uuplaint In tart oaten under nt. denigunteil as state road -d under I tartire 11'll.vlltlee (lOctrI11P ngainst de• ILL: section the county win; ❑Icrely L mluut cenlrncl.1 nn ut eoaly, srhicL unid uit for neq uiring title by Stale '' I rrre allegedly In pos"—ioa of land, ):,�:'d Depart cut and ml, neth,g f:'ild to xlale ml.- ,r action - 1-13• as Its ag' W. IVI •. 'I'roait II •I • sandy where land had Leon ]awns., Inc., Appd ., 1:I. So.^l it (IDG"_). ,:• 1 I �� ;• I : 337.30 Transferred to § 836.46 ri r ='� 337.31 Roads preslmled to be dedicated (1) Whenever any road constructed by any of the several counties m• incori:oratcd municipalities or by the department ! k shall have been maintained, kept in repair or worked continuous- p 1s• and uninterruptedly for a period of four years by any county, nnmicipalily, or by the department, either separately or ,jointly, 'tell void shall be deenlerl to be dedicated to the public to the ex- !' i lent in width which has been actually worked for the l,eriod 249 ' t �' § 337.31 HIGHWAYS, IlltlbQl:S, f l It tills Thin 24 Ut. itforesaid, whether the same hn:l acel• liken formally es IIIJUNlll'(1 n6 it public highway or not. Such dedication shall bo cmlclusively presumed to vest In the Particular county fit which file road is 10- Acts Gated, if It be n county road, or ill the particultir municipality, If Cons it be a municipal street or road, or in the state, if it be it road fit Data the slate highway system or stale park road system, all light, it. Estill {Cold. ile, casement and appurtennnecs therein and thereto, whether I there he tiny record of conveyance, dedication or appropriation 1 to the public use or not. Maps (2) Thu filing of a map fit the office of the clerk of file cir- Purp, cult court of the county in which Snell roads are located showing naval such lands and reciting thereon that they have vested fn either the state, a county or municipality pursuant to i,lie provisions of 1 "C this Itl1V or by other means of accluisil iml, duly corlified to b, the w'I, director if the road involved is a road in the stale highway sys- was ( teal or state park road system, or by the chairman and clerk of unit., the commissioners of the county if the road involved is a coulnty ed III Ill road, or by the mayor and cleric of the municipality if the road Lewls involved is n municipal road or street, shall be talcen as prima Pro facie evidence of the obvnership of such lands either by the state preset. or by the county or municipality as the case may be. years .... ..... opera;. Historyand Source of Law any r Inn;en Derivation: Laws 1011, c. 20761, Ill 1-1• been ( before I.nces 1055, c. 20005, 1110. Comp.Cen.Lalvs Supp.1030, 1 2452 taken M. Prior Laws: Lavvs 1035, c. 17307, § 1. verse' Lnwu 1051, a 26,517, § 1. Comp.Ccn.Laws 1027, 1 2451. will Laws 1047, e. 23033, 1,11, 2. Rcv,Gen.St.1020, § 1602. tehlell Laws 1015, e. 22S53, 17. Lows 1013, c. G,:t7, § 7. which such f Cross Rafcrencos counts Clcrlg Cleans fills u Circult court, sec 1 25.01 of -,q. so th(l Ccmml.,sioucrs, see § 125,17. "coast. Itenu,"Intloll of right to dedirntinn, see § 336.00. dedica� Slate P:irl;s, dedicntlau In geno•al, see §§ ;,Sp.10, 5SO.20. V. Jolu .. Lands for pahlic use, see f 559.26. Who Law Review Commenlarios mode, Period neat In'operty 11111's of 1017. .t. 11. �,. ny of real Property law. slruct Flo%%ws, 2 Jlinwi I,.Q. 21 (Ool.l" 17). llolph E. nuyer, 11 U.N11nmi L.nev. of mn Sunny of Florida real prof"', ri3S tSunnll" 1060). coustit' county law. Ralph I;. never and Monld 11. llc. Id Itnss, 1S U.5limnl L.nev. 700, $M (Suwmcr 10GQ. 4. Put Library Ref—oeos This Dedication C 11, C.T.S. Dedleatinn 144. cols no <'Ullal rll 250 TO: City Council FROM: City Manager SUBJECT: Freeman Lane DATE: September 12, 1975 Freeman Lane was constructed in early 1968 across the East 1/2 of Lots 36 and 4 owned by The Preston Maynard Corporation and the West 1/2 of Lots 36 and 4 owned by Mrs. Betty [lodges. (See attached drawing). Freeman Lane was constructed across the above described private property at the, same time Bloxam and Desoto Streets in that area were paved. Since this roadway has been built it has received little or no maintenance. l Since I became City Manager in January, 1971 my position has been that the lane is private property and the city should not maintain it. Over the years it has received considerable traffic and has deteriorated due to the use and no maintenance. During a meeting on March 11, 1975 the Council authorized the City Manager to get quit claim deeds to the property and thereafter assume responsibility for repair and maintenance. (see attached minutes). Since that time we have been unsuccessful in repeated attempts to get the property deeded to the city. Therefore, it is recommended that the street be blocked to thru traffic at the south end of Freeman Lane (Freeman Lane and Desoto Street). Access to the property would be limited to Montrose Street. The roadway is dangerous due to its deteriorating condition and thru traffic should be stopped. _I Council approval of this recommendation is requested. ?R. MmHop � ns�— Attachment cc: City Clerk w/attachment - Agenda 9/16/75 Police Chief w/attachment Director, Community Services w/attachment