05-23-1972 Supporting DocumentsMINUTES NQ 815
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, May 23, 1972. The meeting was called to order at 7:30 P.M. by
Mayor Don E. Smith with the following members present: Councilwoman Watson and
Councilmen Smoak, Beals and Schroedel. Other officials present were: City Manager
Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Langley, Director
of Community Services Smythe, Utilities Superintendent Asbury, Building Director Nagel
and Chief of Police Tyndal. Others present were: Mr. and Mrs. G. Y. Middleton, Mr.
and Mrs. Lamar Black, Mr. and Mrs. George Hovis, Mr. and Mrs. Grant Vitter, Mr.
and Mrs. Clarence Bishop, Mr. and Mrs. C. J. Mitchell, Mr. and Mrs. John Aull,
Mr. and Mrs. David Lofgren, Mr. and Mrs. Ben Cunningham, Dr. and Mrs. William Styan,
Mr. and Mrs. R. M. Frye, Mr. and Mrs. Joseph J. Muir; The Mesdames Lucy DiToma,
Betty Thomas, Hazel Nichols, Honey Jean Smoak, Ruth Yancey, Ruth Alice Ray,
Martha Groschen, Mildred Dollar, Ruth Moody, Susan Parks, Jessie Nagel, Sheila Langley,
Fern LaVeigne, Frances Oswalt, Hulda Fineis, Hilda Teachout, Jean Campbell; The
Messrs. Don Ware, Willard Hoebeke, J. M. Byrd, Albert Nolze, John Drees, Tim Miller,
Freddie Nyhuis, G. Lynn Brotherson, Henry Czech, George Karst, Ray P. Cochran, Robert
Shumaker, Leonard Baird, Richard Oswalt, Sam Holtzclaw, E. L. Schumann, E. Ray Jones,
Art George, Herman Barberry, W. 0. Boone, Werner Heinrich, J. M. VanderMeer, William
Sullivan, David Guerney, William Stone, Leonard Baird, Jr., Carl Bishop, John R. Jones,
George Arendt, Nick Jones and Ben Blackburn.
The Invocation was given by Councilman Beals followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the meeting held on May 9, 1972 were approved as written.
Mr. Derow Poynter appeared before Council and submitted to them the Phase II site plan
layout of the proposed mobile home park, for their consideration. Motion was made by
Councilman Smoak, seconded by Councilman Beals and carried that the plans be approved.
Councilman Smoak inquired of Mr. Poynter, if, in his opinion had he found it difficult
to negotiate with Council with regards obtaining site plan approval, and if it
had been an inconvenience to submit site plans for approval, and Mr. Poynter replied
that it had not been.
Mayor Smith announced the next order of business to be Public Hearings to consider
changes in zoning and street closings as advertised.
No. 1. Request by Dr. William Washuta for the re -zoning of Tract 61, Lake Highlands
in Section 18-22-26 from the present R-1 to R-3 zone. Nick Jones, Architect,
appeared before Council representing Dr. Washuta, and presented a brief resume and
submitted drawings of proposed apartment complexes. Motion was made by Councilman Beals,
seconded by Councilman Smoak and carried that this request be granted and the City
Attorney be instructed to prepare the necessary Ordinance for consideration at the
next meeting.
No. 2. Request by Dr. William Washuta for the re -zoning of Lot 5, Block F, less the
North 167' more or less but including the West 60" of the north 167" more or less and
all of Lot 6, Block F from the present R-1 zoning to an R-3A zone. Motion was made
by Councilman Beals, seconded by Councilman Smoak and carried that this request be
granted and the City Attorney be instructed to prepare the necessary Ordinance for
consideration at the next meeting. These two requests of Dr. Washuta had been recommended
to Council for passage by the Planning and Zoning Commission following their meeting
held on May 2, 1972.
No. 3. Request by Richard H. Langley for the re -zoning of all of Block 19 and Lots 3,
4 and 5 in Block 20 and all land lying between these lots and Crystal Lake from
the present R-1 zoning to an R-3A zone. Mr. Langley appeared before Council and
presented a brief resume and submitted drawings of the proposed development for
this area. Messrs. Lamar Black and E. Ray Jones voiced opposition to this request being
MINUTES NQ 816
granted by Council and referred to a petition of several names which had been
presented to the Planning and Zoning Commission opposing this request at the time of
their Public Hearing held on May 2nd, and the action taken by the Commission at
that meeting wherein they recommended that the request be denied. Motion was made by
Councilman Smoak, and seconded by Councilman Schroedel that the request be denied.
Upon roll call vote on passage of the motion, the result was, Ayes: Smoak and Schroedel.
Nayes: Smith, Beals and Watson. The motion failed to carry. Motion was made by
Councilman Beals and seconded by Councilwoman Watson that the request be granted and
the City Attorney be instructed to prepare the necessary Ordinance for consideration
at the next meeting. Upon roll call vote on passage of the motion, the result was:
Ayes: Smith, Beals and Watson. Total Ayes: Three. Nayes: Smoak and Schroedel. Total
Nayes: Two. The motion carried.
No. 4. Request by Richard H. [angTey for the closing of that part of Juniata Street
lying West of Second Street and East of Crystal Lake. Motion was made by Councilwoman
Watson, seconded by Councilman Beals and carried that this request be granted
and the City Attorney be instructed to prepare the necessary Ordinance for consideration
at the next meeting.
No. 5. Request by Harvey Nagel for the re -•zoning of Block 17 in Hillside Terrace
Subdivision from the present R-1 zoning to an R-3A zone. Mr. Nagel appeared before
Council and presented a brief resume and submitted drawings of a proposed apartment
duelling complex for the area. Mesdames Middleton and Styan and Messrs. Sullivan
and Lofgren voiced opposition to this request being granted by Council and Mr. Sullivan
read a petition of several names of persons who were opposed to the request. It
had been the recommendation of the Planning and Zoning Commission following their
Public Hearing held on May 2nd that this request be granted. Motion was made by
Councilman Beals, seconded by Councilwoman Watson that the request be granted and
the City Attorney be instructed to prepare the necessary Ordinance for consideration
at the next meeting. Upon roll call vote on passage of the motion, the result was:
Ayes: Smith, Beals and Watson. Total Ayes: Three. Nayes: Smoak and Schroedel. Total
Nayes: Two. The motion carried.
Mrs. Watson was excused from the Council meeting at this time.
Mr. Stuart G6en, Attorney representing Mr. and Mrs. R. M. Frye, appeared before
Council and appealed to them to set aside the deed given by the City to G. Lynn Brotherson
in October of 1969, the result of having closed an un-named street around a portion
of Lake Winona and which include lakefront property on which the Fryes held an easement
not expiring until 4/6/79. He further requested that a new deed be executed which
would reserve and set aside this parcel on which the Fryes have the easement.
City Manager Hopkins advised Council that sewer line installations had been made on
an easement granted by Mr. Brotherson in this area. There was no action taken by Council
and the matter was tabled. The City Manager, however, was requested to obtain a cost
estimate of re -locating the present sewer lines installed on this easement, if, in fact,
it would even be possible to do so, and report back to Council.
City Manager Hopkins submitted his report both orally and written and a copy is attached
hereto.
With regards expenditure for a city sponsored free tennis clinic during the month
of June, motion was made by Councilman Beals, seconded by Councilman Smoak and carried
that the sum of $100.00 be authorized for swch a program.
With regards the possible relocating of street drainage lines in the Konsler Steel
property area since the closing of Juniata Street this matter was referred to the City
Manager for further study and consultation with the owners of Konsler Steel, and report
back to Council.
MINUTES N4 817
Councilman Schroedel offered and moved the passage of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF
LOTS 1 THROUGH '14, BLOCK 18, AND LOTS 14 THROUGH 20 OF BLOCK 7, FROM THE PRESENT
C-1 TO C-2 CLASSIFICATION: ALSO, CHANGING THE ZONING OF LOTS 1, 2 and 3 IN LETTERED
BLOCK A, AND LOTS 1, 2 AND 3 IN LETTERED BLOCK B, AND ALL THAT LAKE SHORE PORTION
LYING WEST OF LOTS 1, 2 AND 3 IN BLOCK A, FROM THE PRESENT R-1 TO R-3A, ALL. ACCORDING
TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17
THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. The motion was seconded by
Councilman Smoak and the ORDINANCE was read in full by the City Attorney for a second
and final reading. Upon roll call vote on passage of the motion, the result was:
Ayes: Smoak, Smith and Schroedel. Total'Ayes: Three. Nayes: None. Abstaining: Beals.
Absent: Watson. So the ORDINANCE was adopted, the Number 70-C assigned to it and
a copy ordered posted.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY
ABANDONING THAT PORTION OF BROOME STREET FROM THE WESTERN RIGHT-OF-WAY OF ANDERSON
STREET TO THE SOUTHWESICORNER OF LOT 12, BLOCK 5, WOODLAWN SUBDIVISION: AND ALSO,
THAT PORTION OF JUNIATA STREET FROM THE WESTERN RIGHT-OF-WAY LINE OF ANDERSON STREET
TO THE NORTHWEST CORNER OF LOT 6, BLOCK 5, WOODLAWN SUBDIVISION, ALL ACCORDING TO
THE OFFICIAL MAP OF THE CITY OF CLERMONT RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23
INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. The motion was seconded by Councilman
Schroedel and the ORDINANCE was read in full for a second and final reading by
City Attorney Langley. Upon roll call vote on passage of the motion, the result was:
Ayes: Smoak, Smith, Beals and Schroedel. Total Ayes: Four. Nayes: None. Absent:
Watson. So the ORDINANCE was adopted, the Number 46-M assigned to it and a copy
ordered posted.
City Manager Hopkins reported that invitations for bids on the old City Hall building
had been advertised for this date, however, none had been received.
The meeting was adjourned by Mayor Smith.
Don E. Smith, Mayor
Dolores W. Carroll, City Clerk
LEGAL !NOTICE
Notice is hereby given to all concerned that the City of
Clermont City Council shall hold a Public Hearing in the
Council Chambers located on the corner of 4lest Avenue and
Desoto Streets on Tuesday, May 23, 1972 at 7:30 P.M. for
the following purpose:
To consider request for the re -zoning of all of Block 19
and Lots 3,4 and 5 in Block 20 and all land lying between
these lots and Crystal Lake from the present R-1 to R-3A
zoning.
To consider request for the closing of that part of Juniata
Street lying hest of Second Street and East of Crystal Lake,
also, all that part of Broome Street lying 4lest of Second
Street and East of Crystal Lake.
To consider request for re -zoning of Lot 5, Block F, less
the North 167' more or less but including the West 60' of
the ;forth 167' more or less and all of Lot 6, Bloch F from
the present R-1 zoning to an R-3 zone.
To consider request for re -zoning of Tract 61, Lake Highlands
in Section 14-22-26 from the present R-1 zoning to an R-3 zone.
To consider request for re -zoning of Block 17 in Hillside
Terrace Subdivision from the present R-1 zoning to an R-3A zone.
All interested parties will be given an opportunity to express
their views on the above mentioned matter.
Hay 11, 1972
May 18, 1972 R.N.Hopkins
City %anaget
I
4
cs Tile rc:novatiolj of
ni s, 1) a
-y partment. We
have
Of 14rz-A; Avenue and Ncntrose
Pal
r!e, t Avanuc- rrla Desoto
to yintmso hoc tw .. _.;i
+qd We a safer Wersection. Extra
crev.:; if�kv(, ;)'N:il It, ; _it i,:
th,-. c,!� emphz.sis this week.
yh-� se-.;,11-
tev primwrily cleanup.
VNU aDY an On P L!
0 Wh Mt 4 1 1 the 901C Plans are
_:c +
r.,' !-.;, Council, changes relative to
Edqet,.,oed St, )dkdclo,i W WAsou
Poon" Nving s.axed yestaxiay to include
Lake 9ma who ton tK Won 0
71sh SSW, [Ake Avenue Rom Lake Shore
Drive L:o U,!d,,n �;%,
;Imm 'Stroot, to East Avenue as well as
a of other yard::; so Ana sx4od 11 of th 20 areas as 1%r as receiving
se4-iage., is cnncer.ts;d
f lic, accepted over the next two meks.
To We im an. V - woAW 00
0 1POn AO VNY 02 hospital.
During the las, :- o<% :-,o,
!a! ,. very rcyul.-.ir sport In Clermont. Due
in part to Ws VAwW
10witn 1 !ova Mai discussing the
possibility of w::.Il
�''. r, seini-retired tennis pro,
now r;:siding in H-!
:t-i: ',;h-! ci_by sponsor a iree tennis clinic
for high scWo! sbdmts Wh, W
awA OF 000. The clinic Wd be held from
9 AM - 12 Unn on It W Ays - W i
UT Uth nd RW The cost to the
City Will be $10WOU On 'I to W
Ay'.. 'S �,;1.00 per additional player. Mr. Daniels
would prov`.df� .;h(. 1)i.17y W min,
to by int kpnh ')layer. Should the clinic be
successful, th^ pr��!-*''D`i`,-��.
rAi;iic�i fior other age groups.
NVE am aWIM: in X`T
W Innonns. Wwrization is requested to
expeu-.1 apprrxima.,;.-A,,, Slf::,.Q!)
CPiiiic.
As Cmm& I wl 1 P"V?; .,j
A: 0 nwo ns considerable discussion
as to city part.i,iin.
rompan.,,, street and
drainage Ummoun muH
Council agi,eed to
pay to 1"sXu on, ttj &,nAj ;:
:, J:e cozjncj clici not agree to pay any
Portion Cf Me vi.
wmnn.
Since US kst nwwAg of thy
W vxvnnus discussion with it.
WpUnw and cymi
rAg coy participaMan to a
grea!;,:,r extimt ti��r3 7,
r drainage pipe from Juniata
stree. to ;nza jqy: oxo:
nh&y bdMAg Ammut ao easement.
,: �11,,.J�_!;!`��I,:
When the drainan�'i,
L: new manhole
:,:, -,� �i., ;-_(:cFsiry coyvtr-et a ne
MW entand 20 fW2 of it wnvv�
10 v � on nu WKS to late empmg
p"n The wo of Uts qnonVo .;c
3 :n ! W to P147X5. The only other
alive native to t -.
!6 j•,,ras to r�-ocate the existing
Mpe :'rem impos to ygh
yne to he & e. thus remOng
the Une On pr>An roopnW. A:
to - "ad -n the ma ter Toth, and considering
the am = the noo Po. Nn 4
�& ?"Wy� jon is on pinto property without
an easement, it in Y�wmvked 9—
N W" --tiliste in Me drwinNe 'improvement
in the wmmt W !1 S'W7.1J5-
totals $11593.05. Funds are
available in Wt 3-220 ContOlgenn,
- aho the Aty M*06 agms to relocate the
The to Hyhwy 50 at ash %we as
Voyle, PeWdes to mmtruct a building over the
manhole.
And lastly, t"!Y 25 is NwyQ; Da- COY HM.""W-1139 ch-M in oMentane
of the holieny.
Play 23, 79,12
675 E. HIGHWAY 60 — CLERMONT. FLORIDA 32711
J. M. V A N D E R M E E R d� OFFICE PHONE 394-2146
5 RESIDENCE PHONE 394-3968
REGISTERED REAL ESTATE BROKER s �
March 21, 1972
Mr. Robert Hopkins,
City Manger,
City of Clermont,
Clermont, Fla.
Re: Lot 5, Blk F, less the North 1671 more or less
but including the West 60' of the North 167'
more or less and all of Lot 6, Blk F. City of
Clermont, Florida.
Dear Mr. Hopkins,
Clermont Realty as Agents for Dr. William Washuta, requests a
change in Zoning from R-1 to R-3.
Very truly yours,
H. Clifton Bailey,
Associate.
HCB/hdr
GROVES LAND LOTS HOMES
APPRAISALS
07. E. HIGHWAY CLERMONT. FLORIDA 32711
tl0 —
J. M. VANDER MEER d OFFICE PHONE 394-2146
Y
REGISTERED REAL ESTATE DRONER RESIDENCE PHONE 394-3968
e p
d
March 21, 1972
Mr. Robert Hopkins, City Manager,
City of Clermont,
Clermont, Florida.
Re: Tract 61 Lake Highlmds 18-22-2/n
Dear Mr. Hopkins,
Clermont Realty, as Agents for Dr. William J. Washuta, request
a change in Zoning from R-1 to R-3.
Very truly yours,
2/41411� Kz
H. Clifton Bailey,
Associate.
HCB/hdr
GROVES LAND LOTS HOMES
APPRAISALS
�tirliarl gi. ' Gallglcu
ATTORNEY AND COUNSELLOR AT LAW
653 EAST HIGHWAY 50 P. O. Box 188
CLERMONT. FLORIDA 32711 April 11, 1972 904. 394.4025
Mr. Robert M. Hopkins
City Manager
1 Westgate Plaza
Clermont, Florida
Dear Mr. Hopkins:
Will you please consider this a petition to have the City
of Clermont re -zone all of Block 19 and Lots 3, 4 and 5 in
Block 20 and all land lying between these lots and Crystal
Lake from the present R-1 to R-3A zoning. I will furnish
the City of Clermont a letter of intent promising that any
project in this area will comply to the specifications as
set forth in the proposed zoning. Please find enclosed
herewith my check #4069 for $10.00 as fee for this petition.
Sinc�rwy ours ,
i
RICI IRD I -I. LAN LEY
RHL:ngs C/
Encl. - Check #406
May 11, 1972
WE, the undersigned, citizens and taxpayers of the City of
Clermont, Florida, sign this petition to urge the City Council
to grant the zoning change requested by Richard H. Langley on
Crystal Lake to allow the development of a R-3A Apartment Com-
plex. We feel that Clermont needs this addition to provide
good housing, to broaden our tax base, and share the revenue
expense of the sewer system.
G
P ,
stay 11, 1972
WE, the undersigned, citizens and taxpayers of the City of
Clermont, Florida, sign this petition to urge the City Council
to grant the zoning change requested by Richard 11. Langley on
Crystal Lake to allow the development of a 11-3A Apartment Com-
plex. We feel that Clermont needs this addition to provide
good housing to broaden our tax base, and share the revenue
expense of the sewer system.
i
61
/�
May 11, 1972
WE, the undersigned, citizens and taxpayers of the City of
Clermont, Florida, sign this petition to urge the City Council
to grant the zoning change requested by Richard 11. Langley on
Crystal Lake to allow the development of a R-3A Apartment Com-
plex. Wo feel that Clermont needs this addition to provide
good housing,to broaden our tax base, and share the revenue
expense of the sewer system.
LM.tii L'G'7lLGiv,Lt5
CP .
-
-2:
-
,Oan
1 ai / l5C_ (,1b //�'1y�
Zz-
7
" rc �C'0 I'ICG�%7y
663 EAST HIGHWAY SO
CLERMONT. FLORIDA 32711
�Rirllxrl g-i. 1 mtg(q
ATTORNEY AND COUNSELLOR AT LAW
R O. Box lea
April 11, 1972 9
04. 304.4025
Mr. Robert M. Hopkins
City Manager
1 Westgate Plaza
Clermont, Florida
Dear Mr. Hopkins:
Will you please consider this a petition to have the City
of Clermont close that part of Juniata Street lying West
of Second (2nd) Street and East of Crystal Lake, also, all
that part of Broome Street lying West of Second (2nd) Street
and East of Crystal Lake. I enclose my check #4070 in the
amount of $10.00 as fee for this petition.
Sir r� y yours,
l�
RICHARD H./ NGL
i
RHL:ngs
Encl. - Check., 0070
DL- soz-D s ,7-
JUIVIV,14 19
1210 Tenth Street
Clermont, Florida
March 27, 1972
Mr. Robert M. Hopkins
City Manager
City of Clermont
N1 Westgate Plaza
Clermont, Florida 32711
Dear Mr. Hopkins:
Will you please consider this a petition to have the City
of Clermont re -zone all of a block of lots, 1 through 17,
Block 17, now platted as Hillside Terrace, from the present
zoning of R-1 to R-,3 zone?
I will furnish the City of Clermont a letter of intent promising
that any project will comply with the specifications as set
forth in the proposed R-3A zoning.
Please find enclosed herewith my check 17105 for Ten Dollars ($10.00)
as a fee for this petition.
Sincerely yours,
r
rvey and Jessie NAgel
1:' `,
l � � � � 7 �� � ��
663 EAST HIGHWAY 50
CLERMONT• FLORIDA 32711
ATTORNEY AND COUNSELLOR AT LAW
P. O. BOX 18B
May 29, 1972 Son .38a.4025
(dictated May 26, 1972)
Mr. Robert M. Hopkins
City Manager
1 Westgate Plaza
Clermont, Florida
Dear Mr. Hopkins:
The question was posed in Council meeting of May 23rd con-
cerning the necessity of a two-thirds (2/3) vote in the case
of the petition for zoning change by Harvey Nagel. Please
be advised that a thorough study of the map of the City of
Clermont with the areas of the properties involved shows
that there was not a sufficient percentage of objecting ad-
jacent property owners to require the two-thirds (2/3rds)
vote as set forth in City Charter Section 60. Therefore,
the majority vote of Council would be controlling. I will
have the ordinances reflecting this zone change as well as
the others passed on the 23rd for the first meeting in June.
Sincerely yours,
t2ICHki'LANGLEY
City Attorney
RHL:ngs
CITY MANAGER'S REPORT
The routine business of the City is bJong cded asus'jal'The �eein the past area that ihas rbeen
causing problems is high weeds on Ir property.
to have the building Official make the necessary inspections, send the apProPriate�
notice to the property owners and ha%:e the weeds mowad if the property owners didn't.
get tile
becauseart
heeFtuildinge0ffncbal simply doesn'tdhave time. IInspectionsrfor.seweraandy
new construction to the tune of 35-40 per• day, plus office v+ork are all he can
handle. We are presently studying to+o alter�hsiv�o property ati�noycost ing atoithe nproperty
al nnei
to make the inspections, etc. and 2} mowing p P
owner with city forces. We hope to have a recommendation in the near future 50
we can proceed with the weed eradication program.
Thepsanitary9sewer ytee,,n only asfev+gminorclinesrleftat tinstallnt.Allhthenliftlation
stations have been installed with
the
e,%ceptionr. the iof sthe
erone
located in instawotled in
od
Subdivision Off Grand Highway. to
that area and the lift station has been ordered. We expect delivery within four
six weeks. Restoration of areas hardest1Pnstafyihis weeknrestoration willt rains are the hewell
priority at the moment. Vie feel by
along the way and we expect to start paving certain streets by the end of the week.
All the lift stations are being gone over this week for final inspection and cleanup.
To date we have issued 503 sewer permits. Of the 503, 279 are complete and the
property is connected to the system-
Members of the Council have received a copy Of a letter dated June 23, 1972 from the
City Attorney regarding a Public Defender for the City Court. I am attempting to
find an attorney who can perform t hiunctionalked wiThehattorneyim and hoiho Mr. Langleye an mentioned
in his letter is a possibility. have
from him in the near future. I v+ill have a recommendation at that time.
At the last meeting of the Council, a discussion was held concerning the State
Wilderness Act and whether Clermont wanted to includeanycit�ndtdo not consider y in the
state wilderness system. We have reviewed the city property
any of our property appropriate for this Purpose. It. is recommended that the
state be advised to the effect.
Members of the Council and the City Attorney have received copies of a letter dated
River Basin
June 15, 1972 from Thomas J. Windram, Temporary cernChaiinanfhe Improvthe lementaCouncil. The
Improvement Council, as well as an agreement concernin9rticl ation in the Improvement
City Council should take action regarding Clermont's P P
Council.
June 27, 1972 11
FINANCIAL- REVIEW OF SANITARY SEVIrR SYSTEM EXCLUDING MIN=11AHA EGTATBS
CONSTRUCTION COSTS TO DATE:
Bumby & Stimpson, Contract 1,1
$1,455,262.
371,477.
Bumby & Stimpsen, Contract fie
545,066,
Chilton Construction Co.
TOTAL COSTS TO DATE
g2,371,805.
ESTIMATED COST TO COMPLETE ORIGINAL CONTRACTS
$ 103,629.
ESTIMATED COST OF CHANGE ORDERS:
Hiawatha Shores $
8,118.
Highway 450 & 12th Street
6,501.
Highway 050 & Millholland-Hampton
1,826.
12th Street
9,031.
Rosewood Avenue
3,828.
Pitt Street
7,843.
24,000.
$ 61,147.
Edaewood Place
r
TOTAL CONSTRUCTION COST
$2,536,581.
FNGINEERING COSTS
200,000.
Legal & Administrative Costs
24,936.
GUTHRIE PROPITRTY
17,833.
SURVEY COSTS
48,620.
TOTAL COST OF SYSTEM
SOURCE OF FUNDS FOR ABOVE SYSTEM
REVENUE BONDS -NET $1,398,800. !
E. P. A. GRANT 293,240.
H. U. D. GRANT 306,500.
ASSESSMENT BONDS 800,000.
WILLIAMS & WADE CONSTRUCTION CO. 18,000.
INTEREST EARNED 17,122.
TOTAL FUNDS AVAI'LABE, EXCLUSIVE
OF CITY CONTRIBUTION $2,833,662.
NOTE: Engineers estimate $23,000 of future "hook-up fees have been
included in the system as constructed. This consists of prO15-
erties serviced but not included in original assessments.
LEGAL NOTICE
HOTICE OF PUBLIC HEARING ON RE -ZONING
Notice is hereby given to all concerned that the City of Clermont
City Council shall hold a Public Hearing in the Council Chambers
located on the corner of blest Avenue and OeSoto Streets on Tuesday,
June 27, 1972 at 7:30 P.M. for the following purpose:
To consider request for the re -zoning of the acreage located south
of the Minnehaha Estates Subdivision, recently annexed to the city,
from RIA to C2 for property fronting on Highway # 27 and from R1A
to R3A for property fronting on Lake Minnehaha, less the west 285
feet, more or less, more particularly described as Minnehaha Shores,
All interested parties will be given an opportunity to express
their views on the above mentioned matter.
R.M.Hopkins,
City Manager
June 15, 1972 City of Clermont, Florida
June 22, 1972
1
June 7, 1972
Mr. Dellitt ldcGee
Dellitt McGee E Associates
P. 0. Drawer 1389
Hinter Park, Florida 32789
Dear Fir. McGee:
Please be advised that the rezoning request of the Brodgen
Property will be considered by the City Council on Tuesday,
June 27, 1972.
The . eting will be held at 7:30 P,N at the Public Safcty
Building located at the corner of 'nest Avenue and Dc--Soto Street.
i
Sincerely,
Robert F!!. Hopkins
RMH:mD City "Manager
cc: City Clerk
P.O. BOX 122,
Winter Haven, Fla.
33880
May 10, 1972
The Hon. Mayor and City Council,
City of Clermont,
#1 Westgate Plaza,
Clermont, Fla. 32711
Attention: Me. Robert Hopkins, City Manager
Subject: Zoning of Brogden Property
Gentlemen:
At the city council meeting last night the request for rezoning of my
property was rejected.
It appeared that the council's action was in response to objections by
a number of city and county residents present and to petitions signed
by a number of individuals and submitted by a spokesman at the meeting.
The objections seemed to be primarily restricted to the R 3a zoning of
the small strip of land immediately on Lakeshore drive which the objectors
seemed to feel should be zoned R la. -
We are very anxious to comply with the desires of the community, and
to preserve as far as possible its charm.
Therefore we have replanned our development to include R la zoning
along Lakeshore drive as shown on the attached sketch.
Since this is a more restrictive zoning plan than that already recommended
by your zoning board, and since it complJ% with the expressed desire
of thecommunity, we would like to request that the council approve this
new plan as a modification rather than going through the numerous time-
consuming steps required for a completely new application.
sincerely,
Ills. Van Clief Brogd
Owner.
DeNNTl'T NIcGEI; & ASSOC►Al'hS
PHONE, (005) 642•7558
Rm r•i.eie.i M. c[[. .i. r.
smommommELIMISMERMW
POST OFFICE DRAWER 1589 1020 SOUTH ORLANDO AVENUE �f
WINTER PARK, FLORIDA 02289 May 27, 1972
Mr. Robert Hopkins, City Manager
City of Clermont
City Hall
1 Westgate Plaza
Clermont, Florida 32711
Re: Rezoning Application: Brogden Property
Dear Mr. Hopkins:
Our check for $25.00 is enclosed to cover the rezoning application fee for
the subject property. I understand, after our telephone conversation today, that the
application has been prepared and advertised for public hearing by the Zoning Board
on June b, 1972, and by the Council on June 27, 1972. If you need any furtherin-
formation on this request, please let me know right away.
I also understand that city water is presently available to the subject prop-
erty, and that construction on sanitary sewers to the property will begin within 30
days, and allowing 45 days for construction, sanitary sewer service should be avail-
able by August, 1972. If this should be changed, please let me know.
Many thanks for your assistance in this matter.
Sincerely,
DeWitt McGee, Alp
DM/mt
cc: Mr. Thomas B. Drage
Mr. Wm. C. Van Clief, Jr.
Mr. Robert Robeson
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FLORIDA LEAGUE OI' MU*I HPAi-A&ffEf Cities
1aAt MARSICANO, Counsel
?TKTrAM4axAMxBANKBuuuuia 2307 W.Kennedy Blvd.
TAMPA, FLORIDA 3360Ec9
June 19, 1972
Hon. Robert M. Hopkins
City Manager
City Hall
Clermont, Florida 32711
Dear Mr. Hopkins:
Your letter of June 6, 1972 addressed to Mr. Sittig, Executive
Director, has been referred to the writer for reply.
There appears to be only one case directly in point in this
country, according to McQuillin Municipal Corporations, 3rd
Edition, Section 25.248. That is the case of Hitt1 v. Buckhout,
(N.Y.) 176 NYS 2d 401, wherein the court held that:
"Land owned by municipality, which did not
object to proposed rezoning, was counted
in determining if objectors owned 20 per cent
of property adjacent to affected parcel".
Whether our Florida courts would follow this ruling may be
dependent on whether the city owned property is being used for
a proprietary or a governmental function. I understand from my
telephone conversation with you of this day, that the use is
proprietary. In such case it is the opinion of the writer that
the city owned property will have to be counted in arriving at
the 20% quantity of area.
The Florida District Court of Appeal, 2nd District, held
in City of Treasure Island vs Decker et a1, 174 So. 2d 756,
that a city operating in a proprietary capacity is governed by
zoning regulations. Thus, if the city property involved is subject
to the same restrictions as private property, the city would have
the correlative right to have its property included in the affected
protest area.
If city property should be used for a governmental purpose,
such as a police or fire station, such property is not subject
-2-
to zoning regulations. AIA Mobile Home Park Inc. vs Brevard County,
District Court of Appeal of Florida, 4th District, 246 So. 2d 126.
In such event, there is some question as to whether city property
would then be included in the protest area. We will not under-
take to make that determination at this time.
Respectfully submitted,
RAM/fc Ralph A. Marsicano
League Counsel
cc: Mr. Raymond C. Sittig
June 15, 1972
Jeanne Duensing
Secretary'to Mr. Sittig
Florida League of Cities
P. 0. Box 2744
Tallahassee', Florida 32304
Dear Mrs.'Duensing:
Thank you for your'letter'of June`7,' 1,972 regarding'our request
for an opinion by Mr. Marsicano`on a'local zoning case':
Another question has Mile up regarding this.case on which we
Would also like an opinion.
One of the Councilmen is one of the objecting, abutting
property owners. Should he be allowed to vote or should he
abstain'because`of a "conflict of interest"?
The League's assistance in this matter will he appreciated.
Sincerely, .
Robert M. Hopkins
RhiH:md City Manager
June 14, 1972
Robert L. Shevin
Attorney General
The Capital
Tallahassee, Florida 32304
Dear Mr. Shevin:
We recently had a zoning change of considerable controversy in which
some property was rezoned from a single family to a multiple family
zone. The change was passed by a 3-2 vote of the City Council.
Our Charter has a provision that when 20 per cent of the abutting property
owners object to the change, the City Council must have a favorable vote
of three -fourths of the menbers. (See attachment). -
A considerable portion of the abutting property in this case is city
owned. When the city owned property is included in the 80 per cent -
20 per cent consideration, the opposition does not make up 20 per cent
of the total. But when one considers only that property in private
ownership, the opposition does get very close to having the 20 per
cent. Since our City Attorney is directly involved in the rezoning as
owner of the property, we would like your opinion as to whether the
city owned property should or should not be included when determining the
percentage.
Also, one of the councilmen is one of the objecting, abutting property
owners. Should he be allowed to vote or should be abstain because of
a "conflict of interest"?
Your assistance will be appreciated.
Sincerely,
Robert fi. Hopkins
City Manager
P,MH:md
Attachment
F'lorl ,la League of Cities, INC.
808 LAKE BRADFORD ROAD
POST OFFICE BOX 2744 — (904) 570.0141
TALLAHASSEE, FLORIDA 32304
PRESIDENT OFFICIAL PUBLICATION: FLORIDA MUNICIPAL RECORD
DICK A. GRECO MEMBER: NATIONAL LEAGUE OF CITIES
MAYOR, TAMPA
FIRST VICE PRESIDENT
HANS G. TANZLER, JR.
MAYOR, JACKSONVILLE
SECOND VICE PRESIDENT
C ARL "r. LANGFORD
MAYOR,ORLANDO
RALPH A. MARSICANO
LEAGUE COUNSEL, TAMPA
RAYMOND C. SITTIG
EXECUTIVE DIRECTOR
TALLAHASSEE
DIRECTORS
(AlPhabati-IIY BY City)
H. EVERETT HOUGEN
MAYOR, CLEARWATER
SIDNEY E. SMITH
MAYOR,DELANO
MRS. VIRGINIA S. YOUNG
VICE.MAYOR, FT. LAUDERDALE
OSCAR M. CORBIN, JR.
MAYOR, FT. MYERS
MAURICE McLAUGHLIN
MAYOR, FT. WALTON BEACH
CHARLES A. WHITEACRE
COUNCILMAN, HIALEAH
DAVID R. KEATING
MAYOR, HOLLYWOOD
WILLIAM F. DICKINSON
MAYOR, HOMESTEAD
JOHN F. LANAHAN
COUNCILMAN, JACKSONVILLE
JAMES R. TISON
MAYOR, LAKE CITY
DAVID T. KENNEDY
MAYOR, MIAMI
CHUCK HALL
MAYOR, MIAMI BEACH
JOHN A. CAVALIER
MAYOR, MIAMI SPRINGS
W. M. SANDERLIN
COMMISSIONER, ORLANDO
H ERMAN W. GOLDNER
MAYOR, ST. PETERSBURG
GENE BERKOWITZ
COMMISSIONER, TALLAHASSEE
VINCENT MELOY
COUNCILMAN, TAMPA
G EORGE W. FEE
MAYOR, TEMPLE TERRACE
FRED O. EAS LEY, JR.
COMMISSIONER, WEST PALM BEACH
GERALD F. THOMPSON
MAYOR, WILTON MANORS
June 7, 1972
Mr. Robert M. Hopkins, City Manager
City of Clermont
City Hall
Clermont, Florida 32711
Dear Mr. Hopkins:
We acknowledge with thanks your letter of June 6,
addressed to Mr. Sittig, regarding a zoning change
in your city.
Mr. Sittig will return from Europe on Friday of
this week and I am, therefore, holding your letter
for his attention. I feel sure you will hear from
him at his very earliest opportunity.
Assuring you we are always pleased to be of assis-
tance and with kindest regards, I am
/Jd
very sincerely,
1
Mss.)Jeanne Duensing \f`�,—�
S 'etary to Mr. Sittig
Local Self Government —The Keystone of American Democracy
June 6, 1972
Mr. Raymond C. Sittig
Executive Director
Florida League of Cities, Inc.
Post Office Lox 2744
Tallahassee, Florida 32304
Dear Mr. Sittig:
We recently had a zoning change of considerable controversy in which
some property was rezoned from a single family to a multiple farily zone.
The change was passed by a 3-2 vote of the City Council.
The Charter has a provision that when 20 per cent of the abutting property
owners object to the change, the City Council must have a favorable vote
of three -fourths of the members. (See attachment).
A considerable portion of the abutting property in this case is city
owned. When the city owned property is included in the 80 per cent -
20 per cent consideration, the opposition does not make up 20 per cent
of the total. But when one considers only that property in private
ownership, the opposition does get very close to having the 20 per cent..
Since our City Attorney is directly involved in the r,z ning as owner
of the property, we would like to have Mr. Marsicano give us an opinion
as to whether the city owned property should or should not be included
when determining the percentage of objection.
Your assistance will be appreciated.
FLORIDA LEAGUE OF CITIES, INC.
RALPH A. MARSICANO, Counsel
Central Bank Building — 2307 W. Kennedy Blvd.
TAMPA, FLORIDA 33609
June 22, 1972
Hon. Robert M. Hopkins
City Manager
Clermont, Florida 32711
Dear Mr. Hopkins:
Replying to your letter of June 15, 1972, relative to
disqualification of Councilman to vote on a zoning ordinance
amendment, I wish to advise as follows.
In the case of Schauer v City of Miami Beach, 112 So. 2d
838, an amendatory zoning ordinance was passed which included
the affirmative vote of a councilman who stood to "gain
$600,000 by reason of the increase in value of property owned
by him in the territory". The Supreme Court of Florida upheld
the validity of the ordinance, stating that:
" * * * whenever an act of the legislature
is challenged in court the inquiry is
limited to the question of power, and does
not extend to the matter of expediency, the
motives of the legislators, or the reasons
which were spread before them to induce the
passage of the act. * "As a reason for
the rule the court continued: "It would
not be seemly for either of the three de-
partments (of the government) to be insti-
tuting an inquiry as to whether another acted
wisely, intelligently, or corruptly."
(Emphases by the Court)
It is therefore the opinion of the writer that on the
authority of this case, the councilman of your city who is one
of the 'objecting property owners" should not be barred
from voting on the passage of an amendatory zoning ordinance.
Sincerel ours,
RAM/fc Ralph A. Marsicano
cc: Mr. Raymond C. Sittig