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08-22-1972 Supporting DocumentsMINUTES NQ 831 REGULAR 14EETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, August 22, 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 Schroedel, Beals and Smoak. Other officials present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Langley, Director of Community Services Smythe, Director of Public Utilities Asbury and Chief of Police Tyndal. Others present were: Mrs. Sheila Langley, Mr. & Mrs. R. W. Waters, Mr. & Mrs. David Parks, Mr. & Mrs. John Parks, Mr. & Mrs. C.W.Sword and the Messrs. Richard B. Williams, Fred Schroedel, James Jones, H. Clifton Bailey and Seldon Hanks. Representatives of the Orlando Sentinel and the local Press were also present. The invocation was given by Mayor Smith, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meeting held on August 8, 1972 were approved as written. Inasmuch as the motion made and carried at the meeting held on August 8th- to deed a strip df the existing West Avenue right-of-way to Lynn Brotherson was by voice call vote, Councilman Smoak inquired of each council member as to how they voted, and upon determining that each had voted in the affirmative, he requested that the record show the motion carried unani- mously. Mr. Richard B. Williams appeared before Council and presented to them a petition from property owners along the north and south sides of Highway #50 from East Avenue to 5th Street wherein they objected to the proposed rezoning of this area from its present C-1 to an R-3 zone. Council accepted the petition and advised that a workshop session of Council to consider this petition and all objections and comments as registered at the Public Hearing would be held in the office of the City Manager on Tuesday, August 29th at 7 o'clock P.M., arid, that a continuation of the Public Hearing would be held at next regular council meeting on September 12th. City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards recommendation of the City Manager that Clermont join the Oklawaha River Basin Improvement Council, motion was made by Councilman Beals and seconded by Councilman Schroedel that Council enter into an agreement to join the Council and Mayor Smith be authorized to execute the agreement. Upon roll call vote on passage of the motion, the result was: Ayes: Smith, Beals, Watson and Schroedel. Total Ayes: Four. Nayes: Smoak. The motion carried. Councilman Smoak advised that he voted Naye on this motion for the following reasons: That the proposal was loosely worded with regards the means by which the Council would receive revenues; That it appeared to him that South Lake County would be the last to derive any benefits inasmuch as the majority of any federal funding was already ear- marked for Lake Apopka, and, that he was still at a loss as to what the Council was going to do - how the Council was going to be funded and what the Council was going to do for Clermont. Councilman Beals advised that he realized this to be a contingent liability, but that he had full faith in the County Commissioners to protect Clermont's interest. With regards an appointment to be made to the Planning and Zoning Commission to fill the unexpired term of Betty Thomas, Councilman Smoak submitted the name of Norris Hutchingson and Councilman Beals submitted the name of Nick Jones. Upon secret ballot of Council, the result was: Norris Hutchingson: Two. Nick Jones: Three. Mr. Jones was thereupon appointed to membership on the Planning and Zoning Commission. MINUTES NQ 832 With regards to bidding of the city's insurance, motion was made by Councilman Smoak, seconded by Councilwoman Watson and carried that specifications be prepared and advertised for bids with the stipulation that Council might reject any and/or all bids. With regards the pumping of Center Lake into the sewage treatment plant having been discontinued, it was consensus of Council that Councilman Smoak, City Manager Hopkins and Director of Community Services Smythe meet to discuss a ways and means of completing the cleanup of Center Lake. Councilman Smoak offered and moved the adoption of a RESOLUTION expressing appreciation to George E. Hovis for his services rendered while serving as Municipal Judge, and the motion was seconded by Councilman Schroedel and unanimously carried. The Resolution was read in full by Councilman Smoak, the number 196 assigned to it and a copy ordered posted. Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AUTHORIZING AND CONFIRMING THE SALE OF THE FORMER CITY HALL TO THE DISABLED AMERICAN VERERANS DEPARTMENT OF FLORIDA FOR THE TOTAL PURCHASE PRICE OF $12,000.00 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: Smoak Smith, Beals, Watson and Schroedel. Total Ayes: Five. Nayes: Noen. So the ORDINANCE was adopted, the number 48-M assigned to it and a copy ordered posted. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SAID ORDINANCE TO CHANGE CERTAIN PARTS AS DESCRIBED THEREIN FROM R-IA TO R-3A AND CERTAIN OTHER PORTIONS THEREOF FROM R-lA TO C-2 ZONING and the ORDINANCE was read in full for a first reading by City Attorney Langley. Motion was made by Councilman Beals, seconded by Councilman Smoak and unanimously carried that John Parks be appointed as Second Municipal Judge. The Oath of Office was then administeeed to Mr. Parks by Mayor Smith. Controller Fleming inquired if there by any possible action which Council might take to prohibit the excessive loitering and littering in the Burger Castle area. This matter was referred to Mayor Smith. The meeting was adjourned by Mayor Smith. DON E. SMITH, MAYOR Dolores W. Carroll, City Clerk • _ 1 n� 1 1 I , ' t � 1 I I 5 I' r AW u i. V August 21, 1972 City of Clermont 1 Westgate Plaza Clermont, Florida ATTENTION; Members of City Council WE, the undersigned, representing 1000 of the pro- perty abutting Highway #50 in City Blocks #73 & #84 res- pectfully request these be designated Zone C-2. YOUR favorable consideration would be greatly appreciated. BLOCK #84 BLOCK #73 Lots 14, 15 & 16 Lots 17, 18 & 19 Lots 7 & 20, & W 50' of 1,2,3,4,5 & 6 E. 100, of Lots 1,2, 3,4,5 & 6 W.O. Boone Kenny Osb me I ' W. Fleming D.N. Meeker 0 -7 % W.M. Kollar B.Westcott-H.C/ ailey,Agent t - . l - C "�� i �7/cG2C�000�ac,� -"'-7_JG�/vL'/-���IGLGc1.LC✓CL�GGt��- -- - /r___G.�j„�%iUiGLI:--U—LAG*-•-�. - -- Ceti y�Lr, L7J <�e ('. •V !•IANAGFR' S REPORT Activities in the various departments oi' tire City are on the upswing. With the issuance of a building parT1-*11: i:o the Blessed Sacrament Church 'for an Educational Building in the amount of $67,500, we nave passed the $2 million mark`for building construction 'in 1972. Edgewood Subdivision has received all approvals and has started moving in materials to start construction. So far this year we have 'installed 79 new meters ,rhich also indicates the increase in building activity in Clermont. The Utilities Department is one of (cur department's reeling the increased activity most severely. Two of the most recent projects involving expansion are Poynter-ilarder's Mobile Home Park requiring a 1000 foot extension and Hiawatha Shores requiring a 3300 foot extension. The department personnel also have connected the Library and Wornen's Club buildings to the sewer system. Plans call for connecting Jenkins Auditorium and tire Garden Club buildings next. The Pollution Control Facility is no:r handling 100,000 GPD sewage. To date we have 600 connections. We have hired a "C" licensed operator and have started the required laboratory :ror!< and reporting. We have also started sinking the fifteen required test ter-lls around the canals for monitoring purposes as required in our construction permit. As I mentioned in my report of July 11, we undertook the project of cleaning Center Lake. We started rdumping on June 26 Using a 1% inch pump and converted to a 6 inch on August 3. l-ip pungaed approximately fourteen hours a day excluding weekends until August 13, 1'hrourih the 13th ere pumped 7.5 million gallons. At the time we ceased drawing � on the lake, we were pumping 500,uui GPD Lake 'rrat:er and 10;j,000 s:;nva The 600,000 GPD is the design capacity of the plant. 41e ccas::d pumping the lake v.,at-r because it was hydraulically overloading 'she plant and ,;2 needed to start precise lab analysis of the influent and eff'tuen: which coaidn''t: be. done satisfactorily with the lake water in. the For comparative purposes, it is 'interesting to :note that wirer we started directing iake Crater to the plant, is. ,,as necessary to use 10 PPM chlorine to maintain a 0.5 residual. Just prior to ceasing the pumping of lake water, we were using only <!.5 PPH chlori e to maintaiin a-1.0 residual which indicates a considerable improvement in the quali`Y of the influent. We have not made a derision as to the next step in tine cleanup of Center Lake but feel we may have removed a sufficier(t• quan;rity of rra.ter and car. notr rill the lake to its original level vrith raater pumped from Lake Winona. For same time the matter o t;,e 01<lat•raha River Basin Improvement Council has been discussed as to whether to E:rm nt should ;lain. During the past month I have discussed the Council with Tom tlindram, Temporary unairman of the Council, and Phil Edwards, Pollution Control Officer for Lake County. Both feel very strongly that Clermont participate in the activities of the Council. It is my understanding that Tavares is tiro only city ,rhich has indicated they will not join. Fven though membership in the Council may have some liabilities, particularly the formation of "another" body and the direction of Lake County funds some of which come from Clermont taxpayers to support the Council, I feel that membership a,,ould be in the best interest of our community and therefore recommend that the City Council authorize a representative to sign the agreement. 2 At the last meeting of the Council; action was taken which would in effect deed a 20 foot strip of land along the east side of West Avenue to Lynn Drotherson in exchange for the "Frye easem-_rW' and other considerations. I have contacted Mr. Brotherson and explained the proposal. He said he :Auld consider it and let us know. Members of the COUncil have received a copy of Betty Thomas' letter of resignation From the Planning and 'Zoning Commission. Council should take some action regarding a replacement. Members of the Council have received a memorandum dated August 15 regarding the bidding of the City's insurance. If the Council determines that; the bidding is desirable, ire need to proceed without delay as our present arrangements terminate November 1. Since there are a number of items which I need to discuss informally with the Council, it is requested that a work session he called for Tuesday, August 29 at 7:30/PM at City Hall Robert 14. Hopkins August 22, 1972 A do'bi i-' it and the Planning and Zoning C )rmIJ sf: io I, "ns k'Q(' P)",,; y- :j,Lrj(W! in j.;jn-iij(j was held in Jenkins Auditorium on Porf,J.y, Aurust it, 't)77 oi;; 7:30 P.M. with the following slembers present: olw,;. Johnnia 11aYson, Dorf L. Beals, George Schroedel, Henry Gvrh. ' ' iiii TIr�ttton, tjo,.;c,� 10,!r!"idy, Richard Oswalt, Richard Williams and Sncr.Cill ).'1"r Idr�A Dallas. Gi;;�j� presr.:nt weve: City Manager Hopkins, Ci'cy Att-)rtc,, 1 e (Aty t t r ct,tj-,)'j';c,r Fleming and Director of Co mun I .i., Uike County Planning and ,horsing eleven c .-ias in which there are proposf;d chl City ttflwlqtn' i s -a i i tid Ale present zoning in each area, tht, prop:)sno Aho.ncn for 'U,c- c.roa, •trig ili(pi'riLs and/or comments with regards Ar-,m, Ci e, Blocks 78 and 79 and11vi.iq north of Osceola Street r; i--.ke Iinncola it!) and Street from its present -;? 7uni-.la to an R-3 zone. Thera was no .)n,, present k-,hc din ilvis area, however, a letter of objection was ;,Lc:ei,;vJ flom David of the Laundromat in that arms and also 111in's Z10'refice Johnson ind �1,,�e Fields, owners of a building 1, �.ou3ing bv!;inesse S iii t!iat, Area 2 ir.y block-r 31!3, , B5, 72 A;0; V, Frol!i tho present C-1 zoning to a C-2 zore Join R. own2r, of propurty in nquired as to the differences in the C-1 and C-2 zoning. Qo(ji-9,, :-*. if ':k-is area included the loo'k"Joll o-,' or, Folt.,)Ws U!�-ad -:.- S-.—_i, advised that It did. Area 3 - C; ty Clock: 89A , N; Y3 611 �� i', Lo Z-; 15 to 20 incl. , Bloc!; 18, el,', lying ii(irth 50 i,!!o' M�y Mocks 44, 28,17 and Lots I to 7 incl. �iicl Al L' ;t*,,:'.., E.-la Vsta Heights - all lying South of :h._ C--i zoning to an R-', The iolluwipiq property voiced objection to this Proposed chan'lle. ru-in-'her, 1-1,; f, Ln zoned C-2 instead of the present C-1 - John !". -:orn23 k.rvy ,14 1 Del In; - , th C-3bo i -I J. Boyd Area 1, 2, south ni t.0c 3, Locs 35, 15 '19 Lake View Heights .subdivis !on; the rare.,, :,`:i6 US 27-H;,r), 50 intersection, all lands 'tying along Loth 5f LIS .,*/ sou*1-h of Hwy 50 and north of Hook Street bat",I3,211 Hiuh-ac;y and 1'i hol lane, Street from the present: 1.1-1 zoning irj a Don Bruno, 5I) inc for the r{s idents o;� Lake View Drive, requested that the 4'; lots in question be changed to P'-2 r'ihich mould bo consistent with the rest of Lake: View }leighr:s Suhd'.Visilin. Don hcCaFPrey rr�is::d tint he. was t!,e owner of proparr;y .abutting Highway #27 on the Wna1: s•idc (r.;rth of Hwy 50) ;;Frith is zoned C-2 and also the owner of property in the cortb erest section of Lake View Hair}rts Subdivision which, for reasons w;}:no:m to him, had hewn split from hi> other property at one time and ra-z:arrd to R--b', and lie felt this rinen section should be re -zoned back to C-2. Area. 5 oi:s 1, 2, 3, r1, in Giock 1,, from the present R-1 zoning to an R .3 'ione There were na coaments voiced on this area. Area 6 Lots 7, 8 in Block F from the present R-1 zoning to an R-3A zone There were no comments voiced on this area Area 7 South rA of Tract 52 from R-1 zoning to an R--3 zone There were no comments voice' on this area. Area 8 Beginning at the intersection of Grand Highway and Hwy 50 run east foilos:9ng the north right-o-way ling 700 feet, thence run due south for 2800 feet, thence due viest for 350 feet- to the east right-o-fray of Hwy 27, thencri follow said right-o-way fro 1150 feet, thence due east for 250 fee to west boundary of Section 29--22-26, thence run due north on said section line for 1875 feet to the P08 from the prosenc R-lA zoning to an M--1 zone John Iaanamar, owner of the Florida: i`Otel, objected to this change and advised that High:eay 27 wsis being, advertised ndtlonwidc as the scenic route to Disney World and he did not: feel that zoning this area M-1 vtould be conducive to a scenic route. further, though the area in r;hich his business is located is proposed for C-2, this H.-I zone would be abut tins ME: :ropfn-tv and he thereby objected. Area 9 All of Platted Subdivision known as Lake Minnahaha Chain-o-Lakes Development, 'less Cloc!c AA; from the present R-IA to an R-1 zone Robert Caldwell objected to this change explaining it; was his opinion that anytime restrictions were lowered, th•: area wculd digress and thereby property valuations would decrease. Dr. Dean Sperry advised of restricted deed covenants of property in this area and inquired if these would be honored. Dr. Scerry iras advised that anytime deed covenants were more restrictive than the exist ng zoning regulations, the city was bound to abide by them. Dr. Sperry inquired of some existing 50 and 60 foot lots in this area as being buildable lots, and he was advised that these would have to be handled on a case by case basis to determine if a hardship exists. Area 10 Beginning at the intersection of east boundary of Section 30-22-26 and the south right-o-way line of Hook Street, run due south for 300 feel: along said section line, thence run dire west for 250 feet to State Road 25, thence run south easterly along said highway for 000 feet to the southwest corner of Lot 4iA, Parcel No. 29, thence due vrest for 600 feet to the southeast boundary of Lot 13, Block 5, Lake Minnehaha Chain-o-Lakes Development, thence northerly along the westerly boundary of Block AA to Hook Street, thence run due east for 800 feet to POB from the present R-lA zoning to a C-2 zone There were no comments voiced on this area. Area 11 Lake Highlands 29-22-26. 'rract 56 east of Highway 27 from the present R-iA zoning to a C-2 zone There were no comments voiced on this area. Miscellaneous Comments Richard Bell inquired if privileges to the private beach on Lake Minnehaha went along with the property in Block iut, end upon being advised that they do, he felt it would be detrimental to in this area having the beach filled with possible guests from motels tahich could be built: in Block AA if it were re -zoned. Herbert Russell advised the private beach was now maintained by the residents in the area, and he objected to any rezoning vrhich +.could allow for guests of motels _. to use the beach, and possible multiple boat launchings from that area. etc. firs. Jacob T. Odom and Sed Adams; residents on Chestnut Street in Area 3, inquired if their present residences burned dovrn, v:ould they be allowed to re -build in the same location. They vc--rr: advised that they would not be under the existing C-1 zoning, but Giat tiiey could be under the proposed change to an R-3 zone. Mrs. Hilda Kollar and James Jones., oi;ners of businesses located on Highway 50 inquired if they would be able to re -build in the same: location should their present businesses burn down if the present zoning is changed to R-3, and they were advised that they vtould not, chat it vrould be strictly residential. Mrs. Jan Thompson advised that Block •aA. eras zoned Corrmercial 2 by the County prior to being annexed to the city. Mayor Smith expressed appreciation to :hose persons present for their comments and assured all that the coimnents and objections presented would be fully considered before final action Is taken. The Public Hearing was continued until the reg::lar Council Meeting to be held on August 22nd.