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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 ,n 1 , r ,1 , , 1 , 1• ° 1 •J -All G h1 I p Vk 1• 11 11° '-11 11 zOp' I 14 ��--' 11 JO •QaoO� 71 1, II1;o` 30 / � i 11 110 FrOnfOr�e on f�aoc/ r2 Jz -,9 1 1 tL /O/e7 f cf —5'cir vec, �o r �sci-i7ofion .• % t�o1`,00r7� of Troc7cs .S � , 37, c»d .58 /y.:�y G✓esf of f%y%icv� /✓o. Z 7, occo/-dii79 7`o Lake /yi9fi/Qr�U7s 712 of .tea c. z 9, T Z2 -5 2 G E. 50 C211:7 of on �`he Eosf Z of Sec. 30, T 22 S, e Z G F, 990. 8. Sou?°h of 7`112e NE comer of Goyernn�enf Lo/ of soio/�ec. 30 nr�d/vr� (hence Ale.si 7`a_ /'9ii�n2fiaho Shoies. Qric 7`o .YO. 7`17e,17ce .Sp617'12 fo ;`/ie S� corr�ei of o�o� mac. 3U; 74fer�ce /1 es7` o%ny �5ac. L/ire fo /�ii7riehah4 Sfibres, �.he�c'e !1%r>`fiuiesfer/y o%n9 7`/� .G�osfei-/y ljov�ary `•' f NJii�r�ej-�,oh4 .Jiioi^es 7�0 /i�7/er.SEc!`f/i's�c7/esc. L/ne, �•c�'s ALSO- Lops Z fo /G /nc/Usiye of �ii�nefioh� 5/�ores, f' os recoro�ec/ ire P/of .�o,�:; %Z, Poye 2 9, Pvo/c ��, coro�s 1-JLSO- Tiocfsond 9, ar�o�hofPoii of Trocfs 7ond/O /y.�y /z/esf of f/iy/iuroy /1/az7, t7ccora/i�y 7`o Lome hiyl� /4r�Gs' /cf of fec• -72, T 22 S, 26 E. /97/ C:r2.• S/Secuey Sco%ai /'>-zoo' 1 � Aso s� a-®'mr� sr m'm-� es'o��'w.as �'°9� vr'�en'�rer>.'�r �s►�i �rl t� • � ,o. A . o , \ L � � . W --,\ �. 8 � 1, ,u to 3� a)( L•a.0 � �//ors ;- � P Flo s R-3A c lo �a 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