06-27-1972 Supporting DocumentsMINUTES N9 821
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, June 27, 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, Building Official Nagel and Chief of Police Tyndal. Others present
were Miss Debbie Dykehouse, Mesdames Sheila Langley and Shirley Black, Mr. and Mrs. John
Aull, Mr. and Mrs. R. M. Frye and Messrs. Willard Hoebeke, Henry Czech, Paul Watson,
Charles Anderson, Ernest Schumann, Leonard Baird, Bob Ray, John Ray, Stuart Green,
DeWitt McGee and Thomas B. Drage. Representatives of the local Press and the Orlando
Sentinel were 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 Meeting held on June 13, 1972 were amended as follows: (paragraph 4,
p2). The City Manager was directed to study the feasibility of constructing tennis courts
on city owned property on East Avenue and to obtain cost estimates for same; (paragraph
7, p 2) On the motion made to defer the reading of the Ordinances pertaining to the
Langley and Nagel properties, Councilman Smoak voted, Aye: (paragraph 1, p 4). A Council
work session was scheduled for Tuesday, June 20, 1972.
An addition to the Minutes was made as follows: It was the general agreement of Council
that the final reading of the Ordinances pertaining to the Langley and Nagel properties
be held in abeyance until receipt of legal opinions from the Florida League of Cities
and the Florida Attorney General as to whether or not city owned property should or should
not be included when determining the percentage of objections to a rezoning issue.
The Minutes were approved as amended.
Mr. Stuart Green, Attorney representing Mr. and Mrs. R. M. Frye, inquired of City Manager
Hopkins as to the cost estimate for relocating sanitary sewer lines, now constructed on
an easement granted by Lynn W. Brotherson, and he was advised of the estimate in the amount
of $14,294.00. Mr. Green appealed to Council to restore the status quo of the property
on which the Fryes hold an easement as before the City infringed on such easement by the
issuing of a quit -claim deed. Motion was made by Councilman Beals and seconded by
Councilwoman Watson that the Council'. petition Circuit Court to set aside a portion of this
deed, described as the 75 feet immediately north of the northern right-o-way of Seminole
Street to the waters edge, lying east of West Avenue, such parcel being erroneously included.
Upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Watson, Beals
and Smith. Total Ayes: Four. Nayes: Smoak. Total Nayes: One. The motion carried.
Mayor Smith announced the next order of business to be Public Hearings as follows:
To consider request for the closing of that part of Woodland Avenue lying North of Shady
Nook Drive to the South shores of Shady Nook Lane and North and East of Hillside Terrace
Subdivision, as requested by abutting property owners, Harvey Nagel and David Lofgren.
Mr. Nagel advised Council that he did not desire nor have need of the property for
building purposes, but rather for beautification, rodent control and improvement in general.
Motion was made by Councilman Beals and seconded by Councilman Schroedel that the City
Attorney be instructed to prepare the necessary Ordinance for the abandoning of this
portion of Woodland Avenue and same to include reservation for all utility easements over
the streets entirety. Upon roll call vote on passage of the motion, the result was:
Ayes: Schroedel and Beals, Total Ayes: Two. Nayes: Smoak, Watson and Smith. Total
Nayes: Three. The motion failed to carry.
Councilman Smoak advised Council that, in his opinion, all petitioners for street closings
in the future should be required to submit a survey of the property in question at
time of submitting petition.
To consider request for the re -zoning of the acreage located south of the Minnehaha
Estates Subdivision, recently annexed to the city, from R1A to C2 for property fronting
on Highway #27 and from R1A to R3A for property fronting on Lake Minnehaha, less the
west 285' more or less, more particularly described as Minnehaha Shores, as requested
MINUTES N4 822
by Mrs. Illa Van Clief Brogden. Mr. DeWitt McGee, Planning Consultant, spoke briefly
and outlined the location of the proposed areas of rezoning as it abutts the R1A
areas on the Lake Minnehaha side. Upon inquiry of Councilman Smoak if this property
had been sold, he was advised by Mr. Thomas B. Drage, general partner, that it had not
been. Upon inquiry of City Manager Hopkins as to his recommendation, he advised it
was his opinion that the zoning class changes as requested would be for the best use of
the property. Motion was made by Councilman Beals and seconded by Councilman Smoak that
the City Attorney be instructed to prepare the necessary Ordinance for introduction
and consideration at the next meeting. Upon roll call vote on passage of the motion,
the result was: Ayes: Schroedel, Watson, Beals, Smith and Smoak. Total Ayes: Five.
Nayes: None. The motion carried unanimously.
City Manager Hopkins submitted his report both orally and written, and a copy is attached
hereto.
It was consensus of Council that the recommendation of the City Manager to not include
any city property in the state wilderness system be accepted and he be directed to so
advise them. With regards Council's invitation to execute an agreement to establish
an Oklawaha River Basin Improvement Council, it was consensus of Council to hold
this matter in abeyance and the City Manager was directed to so advise them. With regards
letters of intent to purchase the old city hall building at 702 Montrose Street from
Mr. Nick Jones and the Disabled Veterans Association, motion was made by Councilman Smoak,
seconded by Councilwoman Watson and carried, that the offer of the DAV to purchase the
building at a price of $12,000.00 net, cash transaction, free of all costs, and the
closing to be on or before August 1, 1972 be accepted. The motion carried. Councilman
Beals voted Naye on passage of the motion with the explanation that he felt it only fair
to re -submit the building for bids, and still further that the City Manager be directed
to advise Mr. Jones of Council's action. Mr. Hopkins agreed to advise Mr. Jones.
City Controller Fleming submitted a written report of a financial review of the sanitary
sewer system to date, excluding the Minnehaha Estates, and a copy if attached hereto.
City Clerk Carroll read communications as follows:
From J. H. Alexander, Mayor of Minneola wherein he requested cancellation of the agreement
with the City of Clermont concerning their use of Clermont's radio communications system,
advising that they were now in a position to install their own system, and expressing
appreciation to the city for all cooperation, services and consideration showm them while
using Clermont's system. It was consensus of Council that this request be granted and
the City Manager be directed to so advise them. From Cooper Memorial Library wherein
they submitted their proposed budget for fiscal year 1972-73 and requested financial
assistance from the City in the amount of $13,300.00. Inasmuch as this figure exceeded
the 3/4 millage as allotted, it was the opinion of Councilman Beals that the Council
consider increasing the millage for the Library to 4/5 mill and decreasing the millage to
the Chamber of Commerce to 1/5 mill when preparing the City of Clermont budget for 1972-73.
City Manager Hopkins read a communication from W. A. Milton, Jr. County Judge, wherein
he solicted further assistance to the OEO's Mini Bus System now in operation in the
county with possibly greater advertisement of the bus schedules, better markings at the
bus stops, and benches provided at the various stops. This matter was referred to the
City Manager.
City Manager Hopkins presented a RESOLUTION wherein Council would grant a construction
easement through a portion of the city owned park around Center Lake to the Florida
Department of Transportation and the RESOLUTION was read in full. Motion was made by
Councilman Smoak, seconded by Councilman Schroedel and unanimously carried that the
RESOLUTION be adopted, the Number 194 assigned to it and a copy ordered posted.
City Attorney Langley presented a RESOLUTION wherein Council would officialy go on record
opposing any enactment of any form of State Personal Income Tax, and the RESOLUTION
Gas read in full. Motion was made by Councilman Smoak, seconded by Councilwoman Watson
and unanimously carried that the RESOLUTION be adopted, the number 195 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, CHANGING THE ZONING OF BLOCK
MINUTES N9 823
17 IN HILLSIDE TERRACE_ SUBDIVISION, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY
OF CLERMONT, RECORDED IN PLAT BOOK 3, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA, FRO14 THE PRESENT R-1 ZONING TO R-3A ZONING and the motion
was seconded by Councilwoman Watson. The ORDINANCE was read in full for a second
and final reading by City Attorney Langley and 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. So the ORDINANCE was adopted, the Number 73-C
assigned to it and a copy ordered posted. Councilman Smoak advised that he had voted
Naye on the motion inasmuch as he felt such action would be an infringement on
residential zones with the encroachment of multiple family units in single family areas.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF ALL OF BLOCK 19
AND LOTS 3, 4 AND 5 IN BLOCK 20 AND ALL LAND LYING BET14EEN THESE LOTS AND CRYSTAL LAKE,
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, FROM THE PRESENT
R-1 ZONING TO R-3A ZONING and the motion was seconded by Councilwoman Watson. Councilman
Smoak read a communication from the Florida League of Cities wherein their opinion
was the city owned property, when used for governmental purposes, should not be
included when determining the percentage of objecting abutting property owners; that
city owned property, when used for proprietary purposes, should be included, and
specifically mentioned police and fire complexes as being governmental. They further
advised it was their understanding that the use of the city property in question is
proprietary and thereby would have to be counted in arriving at the 20%-quantity of area.
Councilman Smoak still further cited and read a court case wherein a ball park has been
determined as governmental and he thereby declared that the city owned property abutting
the above described property should not have been included in the determination of the
percentage of objecting property owners. The ORDINANCE was read in full by City Attorney
Langley for a second and final reading and upon roll call vote on passage of the motion,
the result was: Ayes: Watson, Beals and Smith. Total Ayes: Three. Nayes: Schroedel and
Smoak. Total Nayes: Two. So the ORDINANCE was adopted, the Number 74-C assigned to it
and a copy ordered posted. City Clerk Carroll was instructed to let the record show
that Councilman Smoak had not signed the petition submitted to Council opposing such
a change in zoning at this location, and still further, had submitted no written record
of objection to this date.
Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF TRACT 61, LAKE
HIGHLANDS SUBDIVISION IN SECTION 18, TOWNSHIP 22, SOUTH, RANGE 26 EAST, ALL ACCORDING
TO THE OFFICIAL RAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH
23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, FROM THE PRESENT R-1 ZONING TO
R-3 ZONING: ALSO, CHANGING THE ZONING OF LOT 5, BLOCK F, LESS THE NORTH 167 FEET THEREOF,
MORE OR LESS, BUT INCLUDING THE WEST 60 FEET OF THE NORTH 167 FEET, MORE OR LESS, AND
ALL OF LOT 6, BLOCK F FROM THE PRESENT R-1 ZONING TO R-3A ZONING, ALL ACCORDING TO
THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23
INCLUSIVE and the motion was seconded by Councilman Schroedel. The ORDINANCE was read
in full by City Attorney Langley for a second and final reading and upon roll call vote
on passage of the motion, the result was: Ayes: Schroedel, Beals, Watson, Smith and
Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the number 75-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 JUNIATA STREET LYING WEST OF THE WESTERN RIGHT-OF-WAY OF SECOND STREET TO THE
WATERS EDGE OF CRYSTAL LAKE, 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 and the motion was seconded by Counwilwoman Watson. The ORDINANCE was read in
full by City Attorney Langley for a second and final reading and upon roll call vote
on passage of the motion, the result was: Ayes: Schroedel, Watson, Beals and Smith. Total
Ayes: Four. Nayes: Smoak. Total Nayes: One. So the ORDINANCE was adopted, the number
47-M assigned to it and a copy ordered posted.
Councilman Smoak offered and moved the adoption of AN ORDINANCE AMENDING SECTION 5-1 OF
THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA and the motion was seconded by
Councilman Schroedel. The ORDINANCE was read in full by City Attorney Langley for a
MINUTES No 824
second and final reading and upon roll call vote on passage of the motion, the result was:
Ayes: Smoak, Smith, Beals, Watson and Schroedel. Total Ayes: Five. Nayes: None. So
the ORDINANCE was adopted, the number 71-C assigned to it and a copy ordered posted.
Councilman Smoak offered and moved the adoption of AN ORDINANCE AMENDING SECTION 23-1
OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA and the motion was seconded
by Councilwoman Watson. The ORDINANCE was read in full by City Attorney Langley for a
second and final reading and upon roll call vote on passage of the motion the result
was: Ayes: Schroedel, Watson, Beals, Smith and Smoak. Total Ayes: Five. Nayes: None.
So the ORDINANCE was adopted, the Number 72-C assigned to it and a copy ordered posted.
It was consensus of Council that City Manager Hopkins obtain a cost estimate for a
recorder to be used at council meetings and all other city commission/committee
meetings.
The meeting was adjourned by Mayor Smith.
Don E. Smith, Mayor
Dolores W. Carroll, City Clerk
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olo Jl
LEGAL NOTICE
fiOTICE OF PUL•LIC HEARING ON SUEET CLUSIH,;
Notice is hereby given to ell concerndd that the City of Clermont
City Council shall hold a Public hearing in the Council Chambers
located on the corner of {ast Avenue and ileSoto Streets on Tuesday,
June 27, 1972 at 7:30 P.;:. for the following. purpose:
To consider request for the closing of that part of Woodland
Avenue lying north of Shady hook Drive to the South. shcres of
Shady hook Lake and "forth and East of hillside Terrace Subdivision
All interested parties will be civcn an opportunity to express their
vievis on tiie above mention-ed matter.
,> f•. Horkins,
City "anager
June 15, IJ72 City of Clermont, Florida
Juuc 22, U72
June 7, 1972
Mr. Narvey Nagel
1210 Tenth Street
Clerm6nt, Florida 32711
Dear sir. Nagel:
Please be advised that your request for the closing of a
portion of Woodland Avenue will be considered by the City
Council on Tuesday, June 27, 1972.
The meeting will be held at 7:30 P.M. at the Public Safety
Building located at the corner of West Avenue and Desoto
Street.
Sincerely,
Robert H. Hopkins
City Manager
RMH:md
cc: City Clerk '�
LEGAL NOTICE
i NOTICE OF PUBLIC HEARING ON STREET CLOSING
Notice is hereby given to all concerned that the City of
Clermont Planning and Zoning Commission shall hold a Public
Hearing in the Council Chambers located on the corner of West
Avenue and DeSoto Streets on Tuesday, May 2, 1972 at 7:30 P.M.
for the following purpose:
To consider request for the closing of that part of Woodland
Avenue lying North of Shady Nook Drive to the South shores of
Shady Nook Lake and North and East of Hillside Terrace Subdivision.
All interested parties will be given an opportunity to express .
their views on the above mentioned matter.
April 20, 1972 R. M. Hopkins, City Manager
April 27, 1972 City of Clermont, Florida
I
April 14, 1972
Mr. Robert M. Hopkins
City Manager
City of Clermont
#1 Westgate Plaza
Clermont, Florida 32711
Dear Mr. Hopkins:
Will you please consider this a joint petition to have the City
of Clermont close that part of Woodland Avenue lying North of
Shady Nook Drive to the South shores of Shady Nook Lake and North
and East of Hillside Terrace. Owners: Harvey Nagel and David
Lofgren, owner on the West side of Lot 1, Shady Nook Subdivision.
We enclosecheck in the amount of $10.00 as fee for this petition.
Sincerely yours,
Harvey Nagel
Davi /Lofgren
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