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05-08-1973 Supporting DocumentsAsk MINUTES N9 939 HNOULAII, 141:11':Rd0 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 8, 1973. The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the following members present: Councilmen Schroedel, Byrd, Beals and Smoak. 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: The Messrs. William Lott, R. P. Cochran, Francis Loomis and George Hovis. A representative of the Orlando Sentinel was also present. The invocation was given by Councilman Beals, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meetingsheld on April 10, 1973 and April 24, 1973 were approved as written. Mayor Smith announced the first order of business to be a Public heardng,:to'consider a variance request of William Lott to enable him to construct a residence on Lot 26 of Lincoln.Park Annex, a forty five foot lot. There was no one present who voiced objection to this request, whereupon motion was made by Councilman Smoak.,seconded Councilman Byrd desired it to be a matter of record that this action did not OK requests for construction on any other sub -standard lots, but rather that each would be considered on an individual basis. City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards the City Manager's request for a workshop meeting of council to consider the Chamber of Commerce appropriation, Dawkins and Associates Waste Water Disposal Report and the planned use of the revenue sharing money, Mayor Smith called a meeting for Thursday, May loth at 7:30 P.M. in the office of the City Manager; With regards the protest of William W. Boyd wherein he was assessed front footage for the sanitary sewer system construction on unbuildable lots, mntinn was made by Councilman Smoak, seconded by Councilman Beals and carried that funds.( Lots 4 and 18 and S 1'-i of Lots 10- -12, Block 99 N of SR 5U V �bzU.UU); WWTt regards the protest of R. B. Johnstone wherein he was assessed front footage for the sanitary sewer system construction on both the front and rear of his property, thoughi.t be described as two separate parcels and both fronting on dedicated streets, motion was made by Councilman Schroedel seconded by Councilma 74 V 1 L V 1. c,n c the protest of Margaree Cooley wherein she was assessed front footage for sanitary sewer construction on a portion of her property which -had not been served, motion With regards the request of B111 Williams of Konsler Steel company Tor reimoursemeim of $1147.05 for relocating drainage inlets following the improvement of llth Street after Juniata Street was closed motion was made by Councilman Smoak, seconded b Councilman B rd and carried that this re uest be denied and that City Manager Hopk ns contact Mr. Williams and a vise it is the opin on of Council that such expenditure was a direct cost in the improvement of llth Street by them following the closing of Juniata Street by the city for their benefit. Motion was made b. Councilman Smoak, seconded by Councilman Schroedel and carried that the s be pal MINUTES Cuuncilman Smoak offered and moved the adoption of a RESOLUTION requesting the DOT to erect signs on State Road d50 within the city limits requiring that trucks over 3 tons in weight be restricted to the use of curb lanes only. The motion was seconded by Councilman Beals and carried. The RESOLUTION was read in full by City Attorney Vason, the number 211 assigned to it and a copy ordered posted. Councilman Beals offered and moved the adoption of a RESOLUTION amending Resolution No. 147 by reducing the rate of interest on Special Sewer Assessments from B% per annum to 6% per annum and the motion was seconded by Councilman Smoak and carried. The RESOLUTION was read in full by City Attorney Vason, the number 212 assigned to it and a copy ordered posted. Councilman Beals offered and moved the adoption of a RESOLUTION authorizing appropriate city officials to make applications for federal grants under Public Law 92-500 and the motion was seconded by Councilman Byrd and carried with Councilman Smoak voting, Naye. The RESOLUTION was read in full by City Attorney Vason, the number 213 assigned to it and a copy ordered posted. Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SAID CODE OF ORDINANCES BY ADDING A CHAPTER TO BE ENTITLED CHAPTER 15, SAID ORDINANCE PROHIBITING THE REMOVAL OF TREES IN AND ABOUT THE CITY OF CLER14ONT: DEFINING "TREE" FOR SAID PURPOSE: PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE CUTTING AND RE140VAL OF TREES: PROVIDING STANDARDS AND CONDITIONS FOR THE ISSUANCE OF SAID PERMITS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION BY POSTING and the motion was seconded by Councilman Beals. 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 was result was: Ayes: Schroedel; Nayes: Byrd, Beals, Smith and Smoak. The motion failed to carry. It was consensus of Council that inasmuch as the P & Z Commission had unanimously supported this Ordinance, that City Manager Hopkins advise them that Council is In full agreement with the intent of the Ordinance, but felt it too restrictive and would certainly encourage the drafting of another one less restrictive. Councilman Beals announced that the Lake County Legislative delegation would hold a Public Information Hearing in Jenkins Auditorium on Saturday, May 12th beginning at 9:00 A. M. The meeting was adjourned by Mayor Smith. Smith, Mayor W. roll, City Dolores W. CarroT t Clerk . C1TY MANA0I:R'�Rl PORT The routine business of the city is being conducted as usual. Trash collection is continuing to be a problem because of the large amounts generated. Citizens are cooperating by placing leaves in bags which is speeding up the collection process, we are using extra personnel and trucks this week in an effort to catch up. Our employee vacancy problem has been reduced somewhat. At present we have only a couple of vacancies. It is hoped that the salary adjustments recently approved will slow down our turnover rate which has been quite high. As requested by COenciI, we investigated the possibility of registering voters for county, state and federal elections. The Supervisor of Elections expressed appreciation for our interest, but felt it: wasn't appropriate at this time. She said pending legislation and other changes which affect registrations would make it difficult for' us to adequately do the work. She indicated she plans to establish a branch office in the near future which would provide improved service to South Lake County. The single phase protection has been added to the sanitary sewer lift stations and is already paying dividdnds. On May 15th a power line was torn down causing single phasing in stations 14 and 15. On April 20th a power line was torn down causing single phasing in all the stations north of SR 50 and west of East Avenue. On May lst a primary power line fell across a transformer causing lift station 6 to single phase. In all three instances the stations were knocked out of service, but no damage was done to any motors. The Council has received correspondence regarding sewer assessments on property owned by Bill Boyd and R. B. Johnstone. Each memoranddmi explains the particulars on each parcel in which the assessment is being protested. I would like to discuss these in detail at the end of my report. In addition, I would like to discuss another assessment involving the Margaree Cooley property. As directed by Council, I requested that DOT conduct an operational evaluation of SR 50. we received a letter dated May 1, 1973 from District Engineer Benedict wherein he advised this would be done. Council has received a memorandum dated May 3, 1973 regarding drainage improvements resulting from the improvements to Eleventh Street by Konsler Steel. Konsler Steel is requesting that they be reimbursed for the cost in the amount of $1147.05. The matter came up approximately a year ago, but no action was taken. With regard to the softball field, the poles have been relocated by Florida Power, The fence was taken down and will be reset by the ball payers Thru Monday, May 7th we have collected $402,536.67 in sewer assessments. Out of 2085 accounts we have had payments made on 1778 or 84%. Of the 2085, 899 have paid in full or 42%. It is requested that a work session be scheduled for Thursday, May 10 at 7:30 PM at City Hall to discuss the chamber of Commerce budget appropriation, Dawkins & Associates waste Water Dipposal Report and the planned use of our revenue sharing money. �Ro�brtM May 8, 1973 ACCOUNTS PAVAO L�a APR.IL 1973 GENL11A1. Advance Llectric Co, (111dq,tla111tonanco) 3N•GC, Cal Ilogstrom Co. (Copyst.,at Supplies) 46,'13 Clomunt5 Pest Control Clermont-Grove1andl:ll;s (Past Control) (I. of C Dinner Mtg•) 24,00 97.75 Clermont Auto Parts (Ve111cIe e, I:qulp.SmaII Parts) 137.00 Clermont Hardware 0lo5e-0oves-Ldger Blades) (PaaylOent on Copystat) 24.43 50.75 Capital 5ervices,I11c. Clermont builders Supply (Concrete-Kchlor Park) 100.00 Crest Restaurant (Prisoner Ideals) 373,00 Dixie Lime and Stone Co. (LImerock) 57.41 Nick's Texaco (Tiro Repair) 1.50 Gust -Tex Service (Nldq.IIaintenancc) 32,60 L•'ckerd Drugs (Flash Bulbs -Film -Developing) 46.00 Florida Telephone Corp. (Utilities) (Police Uniforms) 223.75 12.90 L'ngel's Florida Power Corp. (Utilities) 2027.27 F & R Office Supply (Office Supplies) 5.30 49.00 Georges Wrecker Service Graham -Jones Paper Co. (Removal Junk Cars) (Trash Can Liners) 79.50 Goodyear Service Stores (Tires and Tubes) 553.72 Control Specialists Co. (Blower Fan) 24.00 Hydraulic Supply Co. (Ilydraulic (lose & Adapt.) 32.45 Ilughes Supply,Inc. (Flood Lites) 176.93 Ilanks Electric Co.,Inc, (BIdg.Maintenance) (Maintenance -Jenkins Air Cond) 102.75 1953.12 Hanks Electric Co.,inc. Henderson Carpet Cleaning (B1dg,Maintenance) 100 Hilltop Stationery (Office Supplies) 63.26 Hunt's Garden Center (Plantings -Duck & Dog Feed) (Recordings) 48.90 33.25 James C. Watkins,Clerk Jim Willis Hardware (Wire huts -Extension Cord) 4.39 Jean Winston (Remake Mylar Copy -City Map) 145.00 J. B. Alignment Service (Vehicle Maintenance) 3.00 Inland Equipment Co. (Equipment Maintenance) 52.92 Kar Products,Inc. (Bolts-Nuts,etc,) 59.22 Kuechler's Fire Equipment (Re -charging fire extinguishers) 19.00 Kirkland Cabinet Shop (Paint) 77.31 Konsler Steel Co. (Oxygen -Saw Blade) 27.53 Lake Apopka Natural Gas (Utilities) 110.15 Lawton Brothers,Inc. (Janitorial Supplies) 13.50 13.23 Moffatt Bearings Co. (Fafnir Bearing) (Memorial) 18.00 Memorial Bronze 1.1 ht M Co. (Equipment Maintenance) 29.15 Management Info Service (Monthly Service) (Radio Maintenance) 60.00 105.50 Motorola,Inc. Monroe (Annual Mai nt.Contract) 60.00 National Linen Service (Bldg. Maintenance), 2.00 orlan4 ing Company (Asphalt Mix) 133 r Superior GMC Trucks,Inc, (Air Ilo:,a-Guar-Trans.Parts) 199.61 Southern Truck F.quip.Survice (Air hose) 7.20 South Lake Press (Logals) 27.30 Southern Lithographing Co. (Letter (leads) 126.05 Standard Oil Company (Y,erusene 23.75 Southland Equip.Corp. Q rbagv Packer Partc) 03.39 Standard Auto Parts (vehicle h Lquip,llaint.Parts) 166-II 44.55 Toxaco,Inc. Vason, Robert F.,Jr, (011) (Legal Fees) 152.so 280.25 Watson Grove Service (Fertilizer) Wolper Laundry (Uniform Rental) 153.00 Western Auto (Batteries) 12.00 White's Blue Print Servicc (Map reprints) 52.10 Yocam Batteries (Batteries) 125.40 —.D,"1MMr_3_ UTILITIES B 6 B Sales,Inc. (Manhole Parts -Meters -Meter Boxes) 992.62 Clermont Auto Parts (Fttgs-Tape-Floor Dry) 38.12 Clermont Hardware (Rain Suit -Punches -Cord) 20.34 Clermont Bldrs.Supply (Brick -Cement -Shovels) 129.80 Hammond Electronics Inc. (Relays for lift stations) 42.30 Mach Chemical Go. Inc. (Chemicals) 22.96 Hughes Supply,Inc. (Inventory Stock) 249.27 Hilltop Stationery (Office Supplies) 13.23 Konsler Steel Co. (Plate) ( Uniform Rental) 27.20 51.00 Wolper Laundry NCR Co. (tilling Supp lies) 259 07 Standard Auto Parts (Wrenches -Spark Plug) (Phase failure protection) 6.35 2480.00 Orange Electric Co. South Lake Press (Receipt Books) 24.25 Orlando Laboratories,Inc. (Chemical analysis) (Fuel -Irrigation System) 156.00 61.95 Products Transport Co. Florida Power Corp. (Utilities} 1469.69 60.23 Florida Telephone Corp. (mtilities) 6,104.38 T ORDINANCE NO, 92-C AN ORDINANCE UNDER TIIE CODE OP ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SAID CODE OF ORDINANCES BY ADDING A CIIAPTER TO 13E ENTITLED CHAPTER 15, SAID ORDINANCE PROHIBITING THE REMOVAL OF TREES IN AND ABOUT THE CITY OF CLERMONT; DEFINING "'TREE° FOR SAID PURPOSE; PROVIDING 1•'OR THE ISSUANCE OP' PERMITS FORTHE CUTTING AND REMOVAL OF TREES; PROVIDING STANDARDS AND CONDITIONS FOR THE ISSUANCE OP SAID PERMITS AND PROVIDING PENALTIES FOR TIIE VIOLATION 'THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLI- CATION BY POSTING. WHEREAS, trees have an intrinstic aesthetic quality that provides a setting with a variety of color unsurpassed in shade and hue; and WHEREAS, trees are an invaluable psychological counter point to the man made urban setting: and WHEREAS, trees stabilize the soil and control water pollution by preventing soil erosion and flooding; and WHEREAS, trees absorb a high percent of carbon dioxide and return oxygen, a vital ingredient to life, and WHEREAS, removal of trees impairs benefits to existing property owners in the surrounding area and impairs economic stability and the value of improved and unimproved real property; and WHEREAS, a tree removal ordinance is hereby promulgated for the purpose of promoting community welfare through regulating removal or destruction of trees; NOW THEREFORE THE CITY OF CLERMONT, FLORIDA, HEREBY ORDAINS THAT THE CODE OF ORDINANCES OF CLERMONT, FLORIDA IS HEREBY AMENDED BY ADDING A CHAPTER, TO BE ENTITLED CHAPTER 15, WHICH CHAPTER READS AS FOLLOWS: SECTION 1. DEFINITIONS AND APPLICABILITY Tree is defined as any self-supporting woody plant which normally grows to an overall height of a minimum of fifteen (15) feet, with a trunk diameter of four (4) inches, measured at three feet above grade. The terms and provisions of this Ordinance shall apply to all real property presently situated in or subsequently annexed into the corporate limits of the City of Clermont. SECTION 2, No tree an defined above may be cut down or removed from above doncribod real property without obtaining a permit from the City Manager or his duaignatod roprosontativo of the City of Clermont, and troen on public parks, public rights -of -way and city proportion to be cut down or removed shall be subject to approval of tho City Manager or lilt; designated representative. SECTION 3. The application for a permit an required above shall Include a topographic survey of the property (if the property is three (3) acres or larger in size) and a site plan which shall Include the following: a. Location of proposed driveways and other structures on said site; b. All trees four (4) Inches or over .In trunk diameter measured three (3) feet above grade and identified as to type; c. Designation of all diseased trees and any trees endangering any roadway and pavement and trees endangering utility service lines; d. Designation of any trees to be removed and designation of trees to be retained. e. Any proposed grade changes which might adversely affect or endanger any trees on said site with specifications on how to maintain the trees. After filing, said application shall be field checked by the City Manager or his designated representative. Said application shall be reviewed to determine what effect it will have upon the drainage, topography and the natural resources of the area, and shall consider these factors in granting or denying said application. Based upon a review of the above factors, said permit shall be either granted or denied by the jy y City Manager or his designated representative. t SECTION 5. j Where construction of structures or improvements on any real property necessitates the removal of such trees, the City Manager or his designated represent- atives may, as a condition for the approval of the application for removal, require that the owner either relocate or replace said tree or trees with comparable substitute nomowhoro within the property linon of amid property, Tho City Manager may roquiro a doponit of up to $150,00 par trou on troop to bo plantod. SECTION G. It shall bo unlawful for any lumen In the connlruction of any structures or other Improvements to place matorial, machinery or temporary cell depootts within nix (G) foot of any tree having a four (4) inch or gronlor trunk dlarnotor measured three (3) foot above grade level and during construction the builder shall be required to erect suitable protective banners around all such trees to be preserved, Also during construction no attachments or wires other than protective guy wires shall be attached to any of said troos, SECTION 7. That exceptions to all provisions of this Ordinance are, one (1) single family or one (1) duplex residential development, except when two (2) or more single family or duplex residences are being developed at any one time on contiguous properties. Specifically exempt from the terms and provisions of this Ordinance are the following species of trees: Melaleuca Leucadendra (Punk) Casuarinaceae (Australian Pine) Enterolololm Cyclocarpum (Ear Tree) Citrus Trees In case of emergencies, such as storms, a written permit for removal may be waived in the event the tree is endangering the public health, welfare or safety and requires immediate removal. Verbal authorization may be given by the City Manger, Director of Community Services, Building Official, Police Chief or Fire Chief. SECTION 9. t Any person adversely affected by a decision of the City Manager in the E, enforcement or interpretation of any terms or provisions of this Ordinance may appeal such decision to the City Council. Such appeal shall be taken by filing written notice thereof with the City Clerk with a copy to the City Manager within ten (10) days after i r notification of the decision of the City Manager. Each such appeal shall be accompanied -'1 by n paymont In aufficiont amount to cover tho cont of publinhing and mailing noticon of hearing or hoaringn. SECTION 10. Any person, orcianiration, nocioty, association or corporation, or any agent or ropronontativo thorcof, who shall violate tho provititons of thin Ordinanco shall be subject, upon conviction In rho Municipal Court, to a fine not oxcooding the sum of Five Hundred Dollars ($500,00) or Imprinonrnont In tho City Jall for not exceeding sixty days or by both such fine and imprisonrnont in the dincrotlon of the Municipal Judge, SECTION 11. All Ordinances or parts of Ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 12. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. SECTION 13. This Ordinance shall be posted by law and it shall become law and shall take effect immediately upon its being posted as provided by law. First Reading this day of 1973. Second Reading this day of 1973. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS DAY OF 1973. ATTEST: City Cleric CITY OF CLERMONT By: President of Council APPROVED BY ME THIS DAY OF 1973. Mayor CERTIFICATE OF POSTING I HEREBY CERTIFY that a cortified copy of tho forofjoinrj Ordinanco was postod on tho Public Municipal Bullotin Board at tho City Hall for a porlod of not lone than ono (1) wook, as roquirod under tho Chartor of tho City of Clormont, 1,11ko County, Florida, boginning 1973, City Clork TO: City Council FROM: City Manager SUBJECT: Sewer Assessment - Bill Boyd DATE: May 1, 1973 Attached is a drawing showing property on SR 50 which has been assessed. With the fifty (50)foot setback on SR 50, it appears that this property is not buildable. Also attached is a copy of the Council minutes of August 26, 1969 wherein Mr. Boyd was advised that unbuildable lots would not be assessed. As I have indicated in other cases, I have taken the position that once the roll is adopted the assessments must be paid. Until such time as directed otherwise by the Council I plan to continue this approach. I plan to bring this up for discussion at the meeting on May 8th. Attachments cc: City Attorney w/attachment MINUTES RECESSED MEETING N2 60 Mayor Don L, Smith called the Recossed Neutinrl to order at 7:49 P,M, on Tuesday, August 2G, 1969 with all members presr.nt. ttler officials; present were: City Manager Johnson, City Clerk Carroll, City Controll flon,ing, City Attorney Langley and Chief of Police ryndal, 1'epresenta`j of HichaoIs Engineering Company were also prosent. I Property owners appearing before the Council with regards sewer assessments against their property were as follows: REUBEN JAMISON, owner of property which fronts 150 feet on LoSoto Street and 300 feet on Bloxam Avenue inquired of Council if he would be assessed footage on the short side. Mr.Jamison was advised that the assessments wore made on a lot basis rather than a oarccl basis and therefore he was being assessed for 150 feet on each street. It was consensus of Council that this assessment stand. I -IRS. C. W, MAYERS, President of the Clermont Womans Club,inquired of Council the reason for assessing the Womans Club when the property'; is owned by the City of Clermont. Mayor Smith advised Mrs, 'layers there would be no assessments on city owned property under lease. , WILLIAM BOYD stated to Council that he thought it unfair to assess properties owned by him that he could not obtain a building permit for due to Zoning. The property is described as Lots 4-5-16-17-18 and Lot'. 10-11 and 12 less the N 75 feet, all in City Block 99 and north of State Road 50, and, Lot 3 in Block 9 of Sunnyside Unit. Mayor Smith advised that it was agreement of Council that no properties would be assessed on which building permits could not be obtained. :1r. Coyd stated to the Council that he had received assessment notices on Lots 1 and 2 of Point Place Subdivision which fronted on Nita Place, a private drive, and not a dedicated public street. Tom Sawyer of Michaels Engineering Company advised that they were not aware at the time of assessing that Nita Place was a private drive. City Attorney j Langley advised Mr. Boyd that servicing these lots with the sewer systl would be prohibited inasmuch as they do not have access to a dedicated; public street. Mr.Boyd further stated to the Council that he had re- ceived assessment notices of property owned by him in Herring Hooks Estates which was being assessed on both sides of the street, and that he could not obtain a building permit for that property on the lake side. Mayor Smith advised that the agreement of Council to not assess properties on which building permits could not be obtained would be -s effective in this instance on the lake side property. 4ILLIAM GROSS submitted a survey of property owned by him in Tract 62 and which had been assessed for 428 feet and which he thought to be in,� error. Upon checking by the Engineers, there had been an error made ir, the amount of street right-o-way and it was consensus of Council tr.at this assessment be changed to 418 feet. Mr. Gross inquired of Council many questions of a general nature regarding policies of Council with regards the proposed sewer system construction and also their policy for sewer service in the future to properties excluded from the present' system plans. i ("p, FROM: C i SUBJLCT: DATE: Ha v I Att,ichcd 1.1 1 dt at, 1 wi of," the sanitary suvinr sjn,'_nt il i%�l :IfimO) 0,,� it sm.1113 tivi 1". 1.. !>,wgh;, or r)r(,,I)('.Y,ty (shaded on the attached ). C. 11. Tilgg in February, '1196D. 'Ihe pkjol ic in--) (m Sr-w—r, was held In August 190, the Johnstone; Chow not regarding Lot BA. They do not: feel the os,,es:;merit 1:, ji. t cii Umc prcel nce they do not plan to build on it. 1*heif, hotje i-- locp.� ed r,o ami faces flinnehaha Avenue. They say that Hicy wm0d h,ric u5,,je;-,LL,! a� i:jii: pil,.blic hearing If they had been notified. The attached trill yrowi.k! .: i Lc,c!:gmind regarding my position that: the i,zio :hat they must pay the assessment. This matter is LrolighL W) tie It' Gh�' '-,(',Linc'il as we have encountered number of requesting that the roll be changed. By copy of this neo I. ;'m tiw- "'I .attorney to review this case to determine can [)s d0h,l other than what has already been SUggest(---d. The matter will ;:e bromill, tir, h:, i.,mior:; m�i:',Jno on May 8t.h. JF:;bert hi. nns"""S cc: City Attorney w/i tt,ic-kwn; s April G1, 1971 Nr, R. u. �/?hnston 735 So. 14 , O1nJ9nois Avenue La Grange. I Rea So,er Assessment Froperjo at 421 tdinnehaha Avenue riermontI Florida De,r fir. Jolinston: April 19, 1971 from have roe a COPY of the letteYinsteInc wherein the ;James C. Westbrook of Michaels-St1gg awes was made that the assessment on Lot 3A be deleted. as required by law were held on Inapublic hoarings approved by the at as p and Urban Developmento the rnatterasaW�17r�asatheJDepartment OfsHouslnot �ngte b Pp the City approval of the it would appear a change in the awarecouldtile aPP be made at this As you are probably the federal government late date. project by ro ect was made in $2,4 million sanitary1nOtha cost of the p who is participating large part based on the assessments. t will take However, in view of the engineer's recommenndati o can by the matter under fa favor advise determine 1 amended in your Sincerely. Robert M. Hopkins city Manager i RMH:md Michaels-Stigglns, Inc. cc: JameS C. .H-4eStbroo city Attorney Richai A ;Jli qV April 26, 1973 Mrs. Robert B. Johnstone 735 South Madison Avenue La Grange, Illinois 60 825 Re: Sanitary Sowar Assessment 421 Minnohaha Avenue Dear Mrs. Johnstone: We received your latter dated April 12, 1973 regarding the above referenced sewer assessment. Please be advised that we have not altered our position that the assessments are valid and must be paid. It is unfortunate that you were not notified by mail concerning 8A as you have indicated. Legally, the only notification required was publishing a notice in the local paper. The City attempted to notify all property owners by mail to increase the possibility of every one being made aware of the assessments. With a large number of property transactions occurring, it was impossible to have an up-to-date record of ownership of the time of waiting of the notices. He feel that the City did. in 1969, take every reasonable and legal step to notify property owners. Unavoidably, now were not notified. This is unfortunate. However, once the roll is adopted it cannot be changed. We regrot that this problem has arisen and wish we could do more than sympathize. But no legal means are available to us to change the roll even if we could find soma ,justification. Sincerely. Robert M. Hopkins RMH:md City Manager cc: Robert Vason 9ui)tursdrer 21, 1972 Mr. R. B. Johnston 7J5 itadison Avenuu La :;ranyn, IIlinoiN 60525 Yrui,:;_ty aL 421 minnehaha Ave, Clonuont, Fla. Gaar .4r. JoiinsLoni KS you wil l recall, wa correspunded .r, ,- xis stely eighteen nt:h.v agu i-ga:..iny us i•.1. ddlotior, of t.! srnent of ?ot ^' ('')4.00) At chat time I indicated that inasmuch as public hearings required by law were hcic ano the assessmont r.sll was approved by the City and tl:u Dupartm::nt of housing and Ur!-,a.i Development, it didn't - appear thnf. the roll could be change'.. This matter was recurred to the City 'r:torney. lie has advi,;r,i that we cannot Alter, chc+nge or credit any ::ewer assessments. When the City had a validation of the sewer assoFssments, we guaranteed to the Court and to the bonding company, as ^11 as to the bond buyers, that we would not in any way alter, chanye uL credit any sewer assessments. As I indicated earlier, public hearinyd were held and each property j owner was advised of the amount of their assessment and given ample time and place to object to the asscsc,, .a. once these have beer confirmed by the Court and made a part: of our bonding contract agree- ment, we cannot go back and change thee.. We regret that no change in your sewer assessment can be made at this time. I sincerely, Robert M. Hopkins City Manager Rm.H/rm ELECTIZO-MOTIVE DIVISION ❑CNCRAL MOTORS CORPORATION LA (; I2AN<i li � 11.LIN01S pr11 1", 197A )ity of Clermont 1Wantgate Plaza Clermont, Plorida 3P711 .)oar Sirs: de: )ouble billin,r of nnwor ansennlmmnt t 4P1 ':1nnnhnha i Lat us establish oursolven an home owners in Clermont since 196c and in a fpIr Years to hope to become permanent citizens interented in the further and to help make it a most desirable place to live, Progress ),lay we review the situation which can be substantiated by a file in the city manager'n office, 1. July 31, 1969 we had our first notice of this new plan ani the amount of assessment f>400.00 for 100' footane at 4"1 IUnnshaha. ?, We received it notice to protnnt Aug. 19, 1969. ,.e ha,] nothing to protest. 3. In March 1971 we had a notice and this time one assessment as original notice, the second for 3376. for the Penznnce side, Our lot goes from Minnehahs,, to Penzance, one Swelling, (1,onlnp, could not promit another house on Penzance) 4. Mir. Johnstone called at the office in person -arch P", 1971 and later wrote a letter reviewing, the situation. Viis was to sawy one dwelling between Ninnnhahn and Penzance and' this would necennitate one newer connection. since then we have had noticen of different and confusing, amounts. (:""Pt. 21, 1972) In August 1972 the completion of the newer was done from Penzance. The last letter to us in :,ept. of 1972 nays no deletions can,be made nlnce the i assessment roll was approved. 'ae ask a change to correct an error that requires us to an assessment that is a second newer that will never exist. i ..'e have protented since )larch 1971 as your file will indicate. T1e feel that i this double charge in an error and hope in time will be corrected, r. are anxious to pay the full correct amoudA in this month of April, 197. Please give thin your immediate attention so we can comply with your time request. Most sincerely, ' Carbon copies to: �, � .i!i���;•:f , Robert:11opkins, City Manager 735 Routh &dinon Ave. Robert F, Vason, Attorney for the City of Clermont La Grange, Illinois 605P5 ` -E,.Lr-,CTRO-.MO'I'IVE DIVISION -Clr.NEIZA.L-t4CIT.1399.CCRrJORXT.113N.- Mr,G Mil. IkOlwrtli- iolmstone • LA GW;! 735 Smith Madison AVellm. LaGrange, Illinois 60525 "'MV 1-11'er of '!,,,rl I.,r ni, in',?q. T rcirry to iw�., i L 11.17 j)—.11 j,jjro.,j.- Viln p-nl,lro; r l:3",M(3nt on tl w por I "m lot PA tho 0. Ulr, lair' :I:-: t-..j ;rajlcH,y at 1^1 'Mothr.... is Inti'Milor'! 1), copt. Tr zitP7 the-;rr�rj.- on I.,)t 9,1 jjr Con fi r V, ,n M� file frim I)olorer to -.t 1-A 1-71 Til. ot 101 9-A. T111r, in f1l., 1 It . 'I , "17 fro- T:A.-ri :v t 'nu u r n a '0 to thin KU/In April 12, 1971 i i fir. James C. Westbrook Michaels-Stiggins, Inc. 3025 F. South Street Orlando, Florida 32803 Dear Jim: Attached is a letter dated thisiassessment andmaMcoPY J R. D. Johnstone regarding of the assessment map showing his property. It is requested that you answer his letter and send a Copy to ma. Sincerely, Robert M. Hopkins City Manager j RMH:md Attachments October 25, 1972 Mr. R. 0. Johnstone 735 South Madison Avenue La Grange, Illinois 60525 Re: Sewer Assessment 421 Minnehaha Avenue Dear Mr. Johnstone: We received your letter dated October 19, 1972 regarding the above referenced sewer assessment. This is to confirm the sewer assessment for Lot 9A to be $376.00 based on 94 feet. 1t is not $94.00 as I led you to believe in my lattor dated September 21. Please accept my apology for sending you incorrect information. Sincerely, RMH:md Robert M. Hopkins City Manager e LMICHAELS-STIGGIN.S, INC ' CNGINV RG a ARCHITCCTO 302E Clint Soulh Slroul • Qrtando, Fioridn 3;!i)n3 �_. Tuluphonu 305•42G•11091 w;"'"...1•lL..,,., April 19, 1971 I Mr. R. 8. Johnston 735 So. Madison Avenue LaGrange, Illinois Re: Sewer Assessment Property at 421 Minnehaha,'Avenue Clermont, Florida Dear Mr. Johnston: Mr. Hopkins, City Manager has requested that We answer your letter of April 10, 1971 concerning your assessment. Since Lot8A is not large enough to place another house on and constitutes your rear yard, we agree hat it should not be assessed separately. 8y copy of this letter to Mr. Hopkins, we recommend that the assessment on Lot 8A (Parcel No. 12-67) be deleted and that you only be assessed for your frontage of 100 ft. on Minnehaha Avenue (Parcel No. 12-44). Very truly yours, MICHAELS-STIGGINS, INC. ames C. Westbrook JCW/ob cc: Mr. Robert Hopkins, City Mgr. Reports — Appralsals — De,..•,no — Supervision Municipal and Public Works: Water Supply — SewaOo and Waeta 0.,posal—Miahwaya—aridpes—Dame and Water.. sF. ,. Municipal, Commercial and Rui,aioua Suildinae '151, Sou Lh ;Lul Imm A-einov Im Crnro, 11111join April 10, 1071 Sh•. Rnherl; rtopkina City :"nnnrer Clermont, Floridn 3uldor•t* Beivor Anaearnnont Property or R. B. Johnntono ,121 Minnohaha Avenue Clermont, Florida Bear Mr. Hopkins: ' i You will recall my visit at ,your orl'icu on FAnrah gird !.:, n'':,in ,: .ol.iru cr ..::.:...:::...nrL• .n ray ;,•n-.,-i. n i :,,: vai. u ir, I;hu it: n,;nsrwnt bo Iar: t i,u 2imr_Itr.ha s al- )to t r. _it 1 .,r-o i si,'.a of I.L to 1u':. � Poc.auuu the ser :ts nro closo to! -,other, Lhore it only ono houoo on 'I the property as is true of the rtui;.hhor:c on hoth sidus. I rom the southvront carrier at' my house; to thu curb on Pensuneo Lh,=.ro ir- -.-- 95 feet. I hn-je no intention of rlividint, that black yard in tiny ;:un,n T. to b•,: 1111 annt hor• hc,uco. ':'ill you plon:a ha�-o this asrossnont rechecked to ace if tltora in an error and ,i-o mu it reply Le .Lndim,tu i.ho 1,0::ult4 i 1 can underatnnd the lohal description of the property could ou min- . interpretted to inclirnte the property incl.udos a vacart lot. The land re"orrcd to is describod: "'fiat 100 fe;_t; or that certain trait of land bounded on the South by Lots 8A and 8B, Alock 1, on the teest by Lot 8, Block 1, on the Jlorth by Ri,:iera Rond and on the East by Fourth Stroet, aocordinr{ to the Plat of Riviern Heir.hts, filed 26 :'ehrunry 1920 and recorded in Plnt ?ook }., pane 49, Public Records or Lake County, Florida: ALSO ALL that part of Lot PA, Block 1, lying, South of the parcel of land first aho o described, according to said Plat of Riviera Heights, filed 26 '�ebruary 1926 and rororded in flat Hook 8, page 49 of the Public Records of Lake County, Florida. �7er/lsincerely, 14I3J %dn i • 1 C)ilt/ n/ �llrvrirunl ao I Wn it Cut,, Plain ■ Clormont, Flnndn 32711 N Ph omc (004) 39-1,31.11 LEGAL IIOTICL Pursuant to State Lahr notice is hereby given I that the City Council sitting as a board of Aajustment Will hold a Public (tearing in the j Council Chambers located on the corner of West Avenue and Du Soto Streets on Tuesday, March 8, 1973 at 7:30 P.H. for the following purpose: To consider application by William Lott for a variance to Section 26-12 of the Zoning Ordinance (Lot Size and Occupancy) in order to build on a sub -standard lot All interested parties will be given an opportunity to express their views on the above mentioned platter R.M.11opkins, City Manager Flay 3, 1973 City of Clermont TO: I q I I hIt0I1: ..oy daua�iar' SU(iJd_r„ ; I:unac UAl'li; As Council :r11'1 rc,:all wh:nj I;o r1u; Steel improved Eleventh Street from Juniata tit Ua;oto It war. neccrasary Lo relocate the drainage inlets on Junlata Street. tihcu the dramag1t iriprovnui^at:; were made, it was necessary to construct a nrnr manliolo and extend 20 feat of 12 inch concrete pipe to tic tho runt inlets to tho c;ti;i:ing pipe. It was umtermined at the time! nf` thn txn°I; that the exkOng draimmgo pipe fruit; Juniata Street to Sit 50 went nndor, Kon:;lor's bi.rilding without an casement. The cost of 1;he nv manhole and additional pipe cost $1147.05. The only other a1terna'dve to the ronstrucLion of the new manhole and pipe was to abandon the p'lpr. under i:he building and install new pipe from Juniata to the highway. Bill Williams of Xonsler Sl.ec1 Las requested that the City reimburse him for the .,,;1147.05 outlay. If tie ins,:all new pipe the cost of materials would be approximately 1500.00. This matter will be brought up at the !Jay Oth meeting. ;}�7,��'—� ...._: Abort 11. Ilopk�s MINUTES NQ 9,11 SPECIAL MEETING A Special Meeting of the City Council of the City of Clermont was held in the office of the City Manager on Friday, May 11, 1973. The meeting was called to order at 8:00 A.M. by Mayor Don E. Smith with the following members present: Councilmen Deals, Schroedel and Byrd. Other officials present were: City Manager Hopkins, City Clerk Carroll and Director of Community Services, Smythe, Mayor Smith announced the purpose of the meeting was to consider the engineering report as submitted by Dawkins and Associates, Inc. and the possibility of making application for federal assistance. Motion was made b Councilman O rd seconded b Councilman Schroedel and carried t at t e engineering report on wastewaster spi, system as su m tte y aw ns & Associates, Inc. be accepted. t at appropr ate c ty o c a s e authorized to t le a staneara Torm ,ui IV, 1U.- , assistance with the Farmers Home Administration indicating desire to obtain federal help in the city's planned water works and sewerage improvements, and, authorize city officials to confer with FHA officials to determine acceptability of proposed standard FHA contract, form as drafted, and if acceptable, authorize city officials to execute said contract subject to concurrence by the FHA state office, no obligation on part of City until so approved by the FHA. The meeting was adjourned by Mayor Smith. I Don E. Smith, Mayor Dolores W. Carroll, City Clerk