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09-12-1972 Supporting DocumentsMINUTES NQ 833 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, September 12, 1972. The meeting was called to order at 7:55 P.M. by Mayor Don E. Smith with the following members present: Councilmen Smoak, Beals and Schroedel. Other officials present were: City Manager Hopkins, City Clerk Carroll, City Controller Fleming, City Attorney Langley, Chief of Police Tyndal, Director of Community Services Smythe, and Building Official Nagel. Others present were: Richard B. Williams, Mrs. Werner Heinrich, Mr. & Mrs. Frank Pairan, Mr. & Mrs. Chris Giachetti, William Moody, Mr. & Mrs. G. Y. Middleton, Dr. Charles Anderson, George Hovis, Albert Sherman, Mrs. Honey Jean Smoak, George Karst, John Stalnaker, Donald Wrightam, David Lofgren, Miss Bertha Barbour, Mr. & Mrs. William Hohler, Mr. & Mrs. Carlisle Byrd, Mrs. C. E. Blackburn, Tommy Lee Wootson, Nick Jones, Ben Blackburn, Wayne Dukes, Ray P. Cochran, Mr. & Mrs. William Sullivan, Mr. & Mrs. Art Edwards, Mrs. Hazel Nichols, Robert Shumaker, Mrs. Janet Beals, Mrs. Hulda Fineis and Preston Shoup. Representatives of the Orlando Sentinel and the local Press were also present. The invocation was given by City Manager Hopkins, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held on August 22, 1972 were approved as written. Mayor Smith announced the first order of business to be a continuation of the Public Hearing to consider proposed changes in zoning. There were no comments on this matter, whereupon Mayor Smith declared the Public Hearing closed. Motion was made by Councilman Beals, seconded by Councilman Schroedel and carried, that the City Attorney be instructed to prepare the necessary Ordinance to make the following changes in .. zoning: City Blocks 78 and 79 and all lands lying north of Osceola Street to Lake Minneola between 7th Street and 8th Street from C-2 to R-3 Beginning at the intersection of Grand Highway and Hook Street, run >� due west along Hook Street 1350 feet to the southeast boundary of the Sunny Dell Subdivision, thence run due north 1350 feet to the north right-of-way line of Minnehaha Avenue thence run due east 550 feet, thence run due north 450 feet, thence run due east 425 feet to the; west right-of-way line of Lakeview Drive, thence run due south 150 feet along the west right-of-way line of Lakeview Drive to its terminus, thence run due east 191 feet to the west boundary of Lot 1, Lakeview Heights Subdivision, thence run due south along the west boundary of Lot 1, Lakeview Heights Subdivision to the southwest boundary of Lot 1, Lakeview Heights Subdivision, thence run due east 131 feet along the south boundary of Lot 1, Lake View Heights Subdivision to Grand Highway, thence south along Grand Highway 1800 feet to P.O.B. from M-1 to C-2 Lots 1, 2, south 1/2 of Lot 3; Lots 35 and 36, Lakeview Heights Subdivision, from M-1 to R-2 Lots 1, 2, 3, 4, Block K from R-1 to R-3 Lots 7, 8, Block F from R-1 to R-3A Tract 52 from R-1 to R-3 All of the Platted Subdivision known as Lakellinnehaha Chain-o- Lakes Development less Block AA from R-IA to R-1 MINUTES N9 834 Beginning at the intersection of the east boundary of Section 30, Township 22, Range 26 and, the south right-of-way line of Hook Street run due south for 450 feet along said Section line thence run due west for 200 feet to State Road 25, U.S. No. 27, thence run south easterly along said highway for 600 feet to the south- west corner of Lot No. 41A, Parcel No. 29, thence due west for 650 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 Lake Minnehaha Chain-o-Lakes Develop- ment to Hook Street, thence run due east for 800 feet to P.O.B. from R-lA to C-2 Bids received on one portable pumping unit were opened and read as follows: Davis Meter & Supply Company @ $2045.00 Flow Engineered Equipment @ $2493.00 Highway Equipment & Supply Company @ $2140.00 City Manager Hopkins advised that all bids were in order as per specifications submitted it and he therefore recommended that the low bid of Davis Meter and Supply Co. be accepted. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the recommendation of City Manager Hopkins be accepted and the bid be awarded to Davis Meter and Supply Company. City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the city millage for next fiscal year be tentatively set at 8 mills and the Lake County Tax Assessor be so advised. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the bill submitted by Michaels-Stiggins, Inc. in the amount of $1535.86 be paid. This bill covers the preliminary design of paving and drainage for East Avenue between Orange Avenue and Lake Minneola @ $1139.60, and, plans and general supervision of construction llth Street paving and drainage from Juniata Street to Desoto Street @ $396.26. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that permission be granted to John Sims, representing the Welborn Daniel Committee, to use the Municipal Stadium on October 18th for a political rally. Motion was made by Councilman Schroedel, seconded by Councilman Beals that Council waive the monthly water, sanitation and sewer charges at 899 Montrose Street occupied by the Florida Boys Ranch, for a fund raising effort. Upon roll call vote on passage of the motion, the result was: Ayes: Schroedel. Total Ayes: One. Nayes: Smoak, Smith and Beals. Total Nayes: Three. The motion failed to carry. Mayor Smith called a workshop session of Council to be held in the office of the City Manager on Tuesday, September 19th at 7 o'clock P.M. to further consider the 72-73 budget. City Manager Hopkins advised that members of newly established business in the city were present and he desired to introduce them as follows: Messrs. Ben Blackburn and Wayne Dukes of Blackburn and Dukes, Surveyors, and, Mr. Preston Shoup, Engineer of Akdoruk, Brownell, Campanile & Associates, Consulting Engineers and Land Planners. City Manager Hopkins read a letter from Messrs. Frank and David Henderson, owners of the Henderson Coin Laundry, wherein they requested a 30 day extension in which to connect to the sewer system inasmuch as there had been a change in the location of their lateral and that this had just been installed within the past two weeks. Motion was wady by Councilman Smoak, seconded by Councilman Beals and carried that this extension of 30 days be granted. MINUTES NQ 835 Motion was made by Councilman Beals, seconded by Councilman Schroedel and carried that the bills be paid. Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING CERTAIN PARTS AS DESCRIBED HEREIN FROM Rl-A TO R-3A AND CERTAIN OTHER PORTIONS THEREOF FROM R-lA TO C-2 ZONING and the motion was seconded by Councilman Smoak. The ORDINANCE was read in full for a second and final reading by City Manager Hopkins and 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 No. 78-C assigned to it and a copy ordered posted. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING LOITERING IN THE AREA OF BUSINESSES DURING NON -BUSINESS HOURS, AUTHORIZING THE POLICE TO CLEAR SAID AREAS, PROVIDING FOR THE ARREST, TRIAL AND PUNISHMENT OF THOSE REFUSING TO LEAVE SAID AREAS, PROVIDING AN EFFECTIVE DATE and the ORDINANCE was read in full for a first reading by City Attorney Langley. Councilman Smoak offered and moved the immediate adoption of, under emergency measures, AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING LOITERING IN THE AREA OF BUSINESSES DURING NON -BUSINESS HOURS, AUTHORIZING THE POLICE TO CLEAR SAID AREAS, PROVIDING FOR THE ARREST, TRIAL AND PUNISHMENT OF THOSE REFUSING TO LEAVE SAID AREAS, PROVIDING AN EFFECTIVE DATE and the motion was seconded by Councilman Schroedel. The ORDINANCE was read in full by City Attorney Langley and 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 79-C 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 RE -ADOPTING ORDINANCE NO. 106 AND ORDAINING THE SAME TO BE IN FULL FORCE AND EFFECT FOR THE ENSUING FISCAL YEAR and the ORDINANCE was read in full for a first reading by City Attorney Langley. Councilman Beals offered and moved the adoption of a RESOLUTION directing that monthly pension benefits be paid from the City of Clermont Pension Plan to A.B. Broyles, employee of the City of Clermont who is retiring as of September 30, 1972. The motion was seconded by Councilman Schroedel and unanimously carried. The RESOLUTION was read in full, the Number 197 assigned to it and a copy ordered posted. There was considerable discussion at this time with regards to the passage of Ordinances 73-C and 74-C prior to receipt of an opinion requested of the State Attorney General as to whether or not city owned property should be included when determining the percentage of objections to a rezoning issue. Concilman Smoak advised that this opinion had now been received and he read the communication in full wherein the Attorney General, in summary, advised that "City owned property should be excluded in determining the percentage of owners who object to a rezoning so as to require a three -fourths vote of the governing body of the city f6r its passage". In the case of properties re -zoned by passage of Ordinance No. 74-C, it was consensus of Council that proof had not been submitted from 20% of the abutting property owners who objected to the rezoning. Motion was made by Councilman Smoak and seconded by Councilman Schroedel that if proof is presented that 20% of any property owners as described under Section 176.06 of Florida Statutes that are affected by Ordinances 73-C and 74-C object to such rezoning, that Council take whatever steps are necessary to repeal these two Ordinances. Upon roll call vote on passage of the motion, the result was: Ayes: Schroedel and Smoak. Total Ayes: Two. Nayes: Smith and Beals. Total Nayes: Two. Absent: Watson. The motion failed to carry. Councilman Smoak advised that he felt Council acted illegally in the passage of Ordinances 73-C and 74-C based on the opinion of the Attorney General and that he would submit proof of the 20% of objecting property owners at next council meeting, and, that in view of this he therefore moved that a moratorium on the issuance of any building permits for the areas affected in Ordinances 73-C and 74-C be placed until such time as the matter has been totally resolved. The motion was seconded by Councilman Schroedel and upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Smith and Smoak. Total Ayes: Three. Nayes: Beals. Total Nayes: One. Absent: Watson. The motion carried. The meeting was adjourned by Mayor Smith. TWO ie,a to the Pr,operty itc:­., meek to ten arrangements to removed toraot-roli! v. r� n el in 0 u. r tuq; no be caught i, n2.. fiscal year. --c - 24-th. Other ;1 oc bev No bids 0 11 16 1 iv-.-nance and petroleum : -,�ollls .1111 _i iroducts. �q all 1 ist, wotices to the business OCCUWW-11 ,, :� - _051111.� i'l. - ;!) . 1� 6 :� n� -, t,-nnk. of r:i:ys tem. Bumby and ,imp sh": r ensions yet to be 7 B ,jone T i i c to 1 u the next or weeks. s ye:; 'erday and should T h e in f- comp In accovdan pj:j,nIjt, vie have con- Q ll be used to t :,and to the river. ;uonttc d Lake County Pollution bj e u i I Control The tr, aatfiiol; of tha WN u2ot cc "or son. Khe Lake Con" - ,a ,tion on $1,148,79 All gecitr and .y , The latest analysis I ! -;pndcd solids and 99.8% YF nil them what our our assessed valu- to ;.n increase of I B ,719. Eight mills �n s0ficient for next year i-ig and Zoning Commission. - he WHO !�W jjz� j)g in Bal Harbour on 05urw7j desires to attend, ,%�girding engineering he ices are for design Street k d�)nu Ir i e Yons I er) . Authorization 17 r?,Iuested the use :ov rally. Council Si the FNA da B"S wh is , , 0, q �,. 'jd station at Montrose Street and desL m!"O TMy have requested Me ,joy, charges. Council city vlail", th.. p; d ,.-onsidf�ratio).i i� 1 f, -� on It JS MqU2Stnd KLOt 1 YUK S� 1A Ar ? PM., Tuesday, Septeemr 19th at 7:v? 1"71 Z3 ns-;dcr Um budget. xtv Pi. Hopkins Septumer 12. i i- �od th'! illcj;;lin�- and ',w ;11 i,),) inr, oas in lctlkins 1wd i :,. :1. A �*,h the fo! I owing nicinb(?rs pr r tolr. !,l E. i:; 6ea 1 George Schruedol !,/. Rif Richard Williallis i-,1, js :l-o: City Hauger Hopkins, t-*!,.,1l-,,nq i1rid Director ',ouWy Planning and i::t 11 "s in akh UWM •:Ire !)rv�rnii- u3ning in each area, 11or crilwizlnts wi-ih regards ji-11] nrjrt;l or utxeola Street. anus Th i7ot front it'i present ovhq 0 an RA vor.." n"e u; na no piw"c Ao mnuapi :his am" hosever, a later of so'!, of �he Lauqdrmat, in that 10 Fields , owner's of a. building ,-,oi)i _h12 prel,--.,it C-1. zoning to to tl;e differences in UP Of and A w"m vmw - V AvP p PK"j 17 LAD area included the lu-Mu" 0: GYin, to: Of �s Wised that it did. co 20 incl., Block lfvinj orj!`� 6 J 44, 28,17 and i. u Heights - all n f—i Tolling to an to thisis .d zoned 1,-2 instead of U, pm"K ?A: C Q TWAM.: rjcha.:d AN !&MCI Qhmn- rj 0.y*(j 8ya 1 LOS 1 , 2, south 36 4n ' ake vicw i-cights thtl :il: 57 in'tcrSection, all Own 11W Klon W'nul. , o..-- 50 and north of Hmk MW bwwn Ganu Tpm nd WholAnd SEW from LO.,-c-i-,2. a , '! 1Q i I-, -. ,.:if -!Ii(,]iIway .and Fity 50 rlal iii:-, 700 th'_nco riAn dL,,L,. Y:-", "-,c tst D, vwwa m, �a 71swmay Fro 1150 -Y szl(:Cion -;,:o :-jj,j i&75 feet to tha P01; i i:c '111d w!"s -x2mg WoNjud IKO' vnk 3S now zwk rj d:.l c. � v L, to a _,conic. propos,-,d, for Knocana hn "m! ,-gene: Robr,-i-� lr th;."t a"W2 rwhINKys tore On cc Kno L vL of resaKcVA cd, c"Orns o? pmpAy in this area and WqMd TV Me Md b! hwarRS ov, Speno ims AMC tht aUM, dud ccAs warn Mr, 'WhIcOve than -Aw adsving Mng replatIons, the Q, ,, b,,A j, bM, Q Wn N, S"wy AppA of am PM"lq 50 and 60 font lot in tM5 ama Es helm kiyuble Ips, so ho ryas aoish that these 'wokild have W handled Op a .:we by cas_, to (kNtrnrlllina if a hardship exists. A"a I jqj"B(! at 1114- oc .r rif 11d L�1�2 vkuul'i! 4 zL"!' i 26 lqw SWO,:1 Jor Y'(� 'Nin AK! V:("S till: GA. Pwc kipilwic, n. '! 20 dui: r ("C" n 2 j;lp on no CoWlAQW.'s voicc r.' 01) zty 22 F"M WO p r e FAA Them wun no on on Lake Ninntall a h,1 14C n Richc,xd R,�', I It! r k rI i inq ad'vised that � w in Muk Von W A they dc' he 0-ons; w&,h UT JIMP oVqg Me bwn fill Md Nth I. -eve re -zoned. poss�blo Bjlc% �,j� if it, nmullnuUM by the residents in the Herbert %:; CIS f'-)" of "" t area, and ll,'-, to me the Sn"Al TOW 10MAW is tot amu, 8m- 11irs. Jacob 1 71 Pl tw&d toy be ahomd to infred if YIP IT KEA 7"in Aran a W" p""a t to- mod not he -W "ba w"U , —, re•Wd in osccl Change to an P-3 the ull�cil tlic prop Zone. Nara. a A j"a own. am in of ipull-d Y Penn 5w;cn; walm W:W Imn Owwwool 2 by to coun"'! ins, sm yp Owu nomad to T"�- in K pr i or IRZ& wnwd to th 111I!Scnl.: For thci'r Mwr AMD cmmon nd sm�lvn Ou" "d be fo` and c"Suemdt MeuMng w be held oil Mgmt 22nd. NOTICE OF PUBLIC HEARING Notice is hereby given that there will be a Public Hearing held in Clermont, Florida on the 14th day of August, 1972 at Jenkins Auditorium on the corner of Montrose and Seventh Streets at 7:30 o'clock p. m. The Planning and Zoning Commission and the City Council will at that time and place consider certain changes of zoning described as follows: Area 1 City Blocks 78 and 79 and all lands lying north of Osceola Street to Lake Minneola between 7th Street and 8th Street from C-2 to R-3 Area 2 City Blocks 89, 85, 72 and 61 from C-1 to C-2 Area 3 City Blocks 89A, 84, 73, 60, 45, 27, Lots 15 to 20 incl, Block 18 - all lying North of Highway 50 and City Blocks 44, 28, 17 and Lots 1 to 7 incl. and 16 to 20 incl., Ella Vista Heights - all lying South of Highway 50 from C-1 to R-3 Area 4 Lots 1, 2, south 1/2 of 3, Lots 35, 36, Lake View Heights, the NE i corner of the US 27-Hwy 50 intersection, all lands lying along both sides of US 27 south of Hwy 50 and north of Hook Street between Grand Highway and Millholland Street from M-1 to C-2 Area 5 Lots 1, 2, 3, 4, Block K from R-1 to R-3 I Area 6 Lots 7, 8, Blk F from R-1 to R-3A Area 7 South 1/2 of Tract 52 from R-1 to R-3 Area 8 Beginning at the intersection of Grand Highway and Hwy 50 run East following the North right-of-way line for 700 feet, thence run due South for 2800 feet thence due West for 350 feet to the East right-of-way of US 27, thence follow said right-of-way for 1150 feet thence due East for 250 feet to West boundary of Section 29, Township 22, Range 26, thence run due North on said Section line,.for 1875 feet to POB from R-lA to M-1 Area 9 All of Platted Subdivision known as Lake Minnehaha Chain of Lakes Development less Bik AA from R-IA to R-"1 Area 10 Beginning at the intersection of East boundary of Section 30, Township 22, Range 26 and the south right-of-way line of Hook Street run due south for 300 feet along said Section line thence run due West for 250 feet to State Road 25, US No. 27, thence run South, easterly along said Highway for 800 feet to southwest corner of Lot No. 41A, Parcel No. 29, thence due West for 600 feet to the southeast boundary of Lot 13, Blk 5, Lake Minnehaha Chain-O-Lakes Development thence northerly along the westerly boundary of Blk AA lake Minnehaha Chain-O-Lakes Development to Hook Street, thence run due East for i 800 feet to POB from R-lA to C-2 Area 11 Lake Highlands 29-22-26 Tract 56 E of Hwy 27 from R-lA to C-2 j A map of the City of Clermont, Florida, showing all the proposed changes in zoning as well as the Zoning Regulations which explain and delineate the individual characteristics of each Zoning Classification are available for inspection at the Clermont City Hall, 1 Westgate Plaza. These may be seen at any time during the daytime hours of 8:00 _. o'clock A. M. until 5:00 o'clock P. M. The Public is invited to inspect these exhibits and to attend Jsaid ktM meeting. �kiffs City Manager July 27, August 3, 1972 i �1 I[ •,t.'1. Tj4V;n IZ: NneKsrrt DATE 7z ��� �=�' � C �� ����'.���r�,�� � CCU. /�/�• --- % �"�� ,/�^--Q .C'�/u':�(> /✓ems ��-G.�� ✓G C.ct�G&e. C ac�c� C� ��� /� //"(� � • (516 wit.-ari' cG<.c,L iG�.�-Q-u/'• .cc�c.�'/�'-�.� c9ta August 7, 1972 Clermont Planning and Zoning Commission and City Council Gentlemen: Regarding the considered change of zoning of City Blocks 78 and 79 and all lands lying north of Osceola Street to Lake I+iinneola between 7th Street and 8th Street from C-2 to R-3 BUT particularily Lot 16, and S 100 ft of Lot 18, Block 78. Ile herein do publicly register our objection to the proposed zoning changes for the following reasons: 1. This places our building and business under a non -conforming use and subject to restrictions. 2. In the event of fire we could not rebuild at the present location. 3. There can be no expansion or change of building structure - pursuant to our business needs. 4. This would obstruct growath and future development of our livelihood. 5. We did not request this zoning change. While we feel the entire zoning is not necessary we would request that the commission take into consideration that it is the West section of our block, bordered by 8th Street and Minneola Ave., that already has established businesses. We therefore request that this zommng change NOT be made. Respectfu]ly,yours, F1rarik `Fl :id§G/obi'and avid enderSOri HENDERSON SERVICES, Inc. 790 Minneola Ave. Mrs. Sue Fields wishes to affix her signature as to the content of this letter as pertaining to her property located at the corner of 8th and Minneola Ave. m -� "Q_ Mrs. Sue Field jl August 7, 1972 Clermont P"Innninj a:nd 'l.oninr Commiseion and City Council Gentlemen: ReSardinp the considered change of zoninf, of City ilocks 78 and 79 and all lands lying; north of Osceola btr`et to LakeL,inneola p between 7th Street and 8t1i Street from C-2 to R-3 BUT rticularily Lot 16, and 5 100 ft of t,ot ].$, Flock 78. i'e herein do tblicly regi.st.er our objection to the proposed zoning changes for the follo:jing reasons: 1. This places our nuilding and businc:::-, under a non -conforming use and subject to restrictions. 2. In the event of fire role could not rebuild at the present locgti.nn. 3. 'i•here can be no expansion or chance of building structure pursuant to our business needs. 4. This would obstruct pr•owcth a•nd fui.ur,a development of our livelihood. 5. We did not request this zoning change. 11hile we feel the entire zonirif; is not necessary we would request that the commission take into consideration that it is the -:'est section of our block, bordered by Sth L:treet `nd i•iinneola Ave., that already has established businesses. i%e therefore request that this zoffiing change I10T he made. Gesnectfully, yours, rank! Et�:xicier`son nd�`�� son EIENDERSOId SERVICES, Inc. 790 i'i.nneola Ave. Ifirs. Sue ure as this letter asspertaining toaffix hert�propeor rtytlocatedtatthe content the corner of 8th and iinneola Ave. Mrs. Sue Fields Augusr 1, 1972 Mr. & Mrs. Jerry A. Lake P. 0. Box 77 Windermere, Florida Clermont City Council Clermont, Florida 32711 RE: REZONING OF LOTS 1, 2, 3, BLOCK 17 Gentlemen: This letter is to object to rezoning Lots 1, 2 and 3. Block 17 from C-1 to R-3. We purchased the property in March, 1972, and paid commercial zoning prices with the expectation of using the property for commercial purposes. We both are quite concerned about the growth of Clermont and feel that we have added and will add to a beautiful city. In May, 1971, we purchased the Burch property (the building immediately south of the South Lake Press building) and we believe that the manner in which we remodeled the building is an indication of our intent toward our investment in Clermont. To arbitrarily rezone our property on Highway 50 would decrease the value of our investment and would discourage other people from investing in and trying to improve our community. We doubt seriously that we would have bought the Burch property if we had feared a rezoning after the purchase. Very truly yours, TERRY A. PATRICIA A. LAKE