08-24-1971 Supporting DocumentsMINUTES N4 752
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont: was
held in the Council Chambers on Tuesday, August 24, 1971. 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
VanderMeer, Cochran and Beals. Other officials present were: City
Manager Hopkins, City Clerk Carroll, City Attorney Langley, City
Controller Fleming and Director of Public Utilities Asbury. Others
present were: Mr, and Mrs. George Gallup, Mesdames Mildred Dollar and Betty
Thomas and Messrs. Richard Oswalt, Cecil Keene, Paul DiToma , C. A.
Mangold, Travis Kennedy, William Stull, Homer Allen and Bill Williams.
Representative of the Orlando Sentinel was also present.
The invocation was given by Councilman VanderMeer followed by
repeating of the Pledge of Allegiance to the American Flag in unison
by those present.
The Minutes of the Regular meeting held on August 10, 1971 were
approved as written.
Mayor Smith announced the first order of business to be a continuation
of the Public Hearing to consider application of Syrus Johnson
requesting a variance in the required front yard set -back of 14 feet
in order to construct a building extension to his residence at 921
Lake Shore Drive. There was no written objection to this request
submitted nor was anyone present who voiced objection, whereupon motion
was made by Councilman Cochran, seconded by Councilman VanderMeer
and carried that this request be granted.
Mayor Smith announced a continuation of the Public Hearing to consider
request of Konsler Steel Company for the closing of a portion of Juniata
Street. Several questions were asked by persons present with regards
provisions for, and the location and width of, the proposed new street
to be constructed at the eastern end of the Konsler Steel property
in order to prevent Juniata Street from its entrance off loth Street
in a westward direction from becoming a dead-end. It was consensus
of Council and the Konsler Steel Company representatives were so
advised, that full details be furnished in writing prior to next Council
meeting. In order to expedite the matter, but pending provisions in
writing for the new street construction, AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING
AND PERMANENTLY ABANDONING THAT PORTION OF JUNIATA STREET EAST OF THE
EASTERN RIGHT-OF-WAY LINE OF 12TH STREET AND WEST OF A LINE EXTENDING
DUE SOUTH FROM THE SOUTHWEST CORNER OF BLOCK 112 was introduced
by Councilman Beals and the ORDINANCE was read in full by the City
Attorney for a first reading.
Mayor Smith announced a Public Hearing would now be held with regards
request of Robert J. Shingler for the closing of Hampton Street between
State Road 150 and Minnehaha Avenue in Clermont Heights Subdivision.
Mr. Shingler advised Council that he was sole owner, as Trustee, of
the abutting property on both sides of this street as described and
that the reason for such request was in order to fully utilize the
approximately 4.2 acreage in this location for a proposed shopping
center. There was no written objection to this request submitted,
nor was anyone present who voiced objection, whereupon motion was made
by Councilman Beals, seconded by Councilwoman Watson and carried that
the City Attorney be instructed to prepare the necessary Ordinance.
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING ALL THE
PORTION OF HAMPTON STREET LYING BETWEEN THE NORTHERN RIGHT OF WAY OF
MINNEHAHA AVENUE AND THE SOUTHERN RIGHT OF WAY OF HIGHWAY 50 AND
WHICH ABUTS LOTS 265, 266, 267, 268, 300, 301, 302 IN CLERMONT HEIGHTS
MINUTES N4 753
WBDIVISION was introduced by Councilman VanderMeer and read in full
by the City Attorney for a first reading.
City Manager Hopkins reported he had received request from the Clermont
Jaycees to sponsor a teenage dance in Jenkins Auditorium on Monday,
September 6, 1971 from 9 P. 14. to 12 midnight. Motion was made by
Councilman VanderMeer, seconded by Councilwoman Watson and carried
that this request be granted provided that all rules and regulations
pertaining to dances in the Auditorium are met.
City Manager l4pkins submitted his report both orally and written and
a copy is attached hereto.
With regards an oversight in Ordinance No. 3041 wherein the North 6
feet of the South 93 feet of the West 20 feet of Lot 17 in Block 80
was omitted from the property description, motion was made by Councilman
VanderMeer, seconded by Councilman Cochran and carried that the City
Attorney be instructed to prepare the necessary Ordinance authorizing
the execution of a Quit -Claim deed to C. Welborn Daniel for the 6 feet
Cof ODErOFerty as ORDINANCEStOFdTHEoCITTYdOFance No. CLERMONT30LAKE COUNTY, ANCE FLORIDA, THE
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND DELIVER A QUIT
CLAIM DEED TO C. WELBORN DANIEL CONVEYING CERTAIN PORTION OF LANDS
TO HIM IN EXCHANGE FOR OTHER LANDS ALL BEING WITHIN THE CITY LIMITS
OF CLERMONT, FLORIDA was introduced by Councilman Beals and the
ORDINANCE was read in full by the City Attorney for a first reading.
City Attorney Langley reported to Council as follows: That members of
the City Council cannot serve as members of a Grand Jury; That upon
petition from Council to the Board of County Commissioners that the
property described as Lots 4-7-10-11-12 and 13 in City Block 90 would be
restricted to public use, that it would then be possible for the County
Commissioners to issue a deed for this property to the City of Clermont;
That the court hearing on the "Order of Taking" condemnation suits
for the sanitary sewer system construction had been set for 10 o'clock
A.M. on August 31st and that it was necessary that a deposit in the
amount of $2,000.00 be made with the Clerk of the Court.
Motion was made by Councilman Cochran, seconded by Councilman Beals
and carried that monies in the amount of $2,000.00 be authorized
and the necessary check be issued to the Clerk of the Circuit Court.
Mayor Smith reminded Council of the Orange Blossom Breakfast to be held
on Wednesday morning, August 25th in Jenkins Auditorium and urged
that all members attend.
Councilman Beals offered and moved the adoption of AN ORDINANCE AMENDING
ORDINANCE NO. 55-C BY PROVIDING AN ADDITIONAL EXCEPTION TO THE ADOPTION
OF THE 1967 SOUTHERN STANDARD PLUMBING CODE. The motion was seconded
by Councilwoman Watson 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: Beals, Watson, Cochran,
Smith and VanderMeer. Total Ayes: Five. Nayes: None. So the ORDINANCE
was adopted, the Number 56-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, FLORIDA, AMENDING
ORDINANCE NU14BER 36-M BY DELETING SECTION 2 (A) THEREOF AND ADDING
section 4 (2) GOVERNING HOOK UP OF SEPTIC TANKS. The motion was
seconded by Councilman Cochran and the ORDINANCE was read in full for
a second and final reading by the City Attorney. Upon roll call vote
on passage of the motion, the result was: Ayes: Beals, Watson, Cochran
MINUTES N4 754
Smith and VanderMeer. Total Ayes: Five, Nayes: None. So the ORDINANCE
was adopted and the Number 38-14 assigned to it and a copy ordered
posted.
City Attorney Langley submitted to Council a proposed contract between
the Board of County Commissioners and the City of Clermont wherein the
City would use the services of the Director of Planning and Zoning of
Lake County and agree to pay for said services. The City Attorney
further reported that he had examined the proposed contract and found
it to be in order, whereupon motion was made by Councilman VanderMeer, �
seconded by Councilwoman Watson and unanimously carried that the Mayor
and Clerk be authorized to execute the contract.
City Manager Hopkins recommended that an amendment to Ordinance No.
52-C be made wherein specifications for sanitary sewage treatment
facilities would be more specifically defined. Motion was made by
Councilman Beals, seconded by Councilman VanderMeer and carried that
the City Attorney be instructed to prepare such Ordinance amendment
for introduction at the next regular meeting.
Mayor Smith called a Special Meeting of the Council to be held on
Tuesday, August 31st at 7:30 P.M. in the Council Chambers.
The meeting was adjourned by Mayor Smith. /J\
Don E. Smith, Mayor
Do I ores W. Carroll, Clerk
Inei,-, I o �1 �� � �' q! z� �-� �; L, 1, "-: 1, , e s S -'; (I n ') � P�l L? !-, J ay
T: j! I G V 1) 1 E: g i � 6 t 1 ') i.; s;
U:1 e : o r'� V In J
y 01!11�1 i nl. 1 r. r o g L) u n to Ise !)rcs2n `ed
to thy Ci 1, Co"od wi I in 11 r Qlzcd at t4s next meeting an
Hooky, Sup5mber P.
Last I ;rrr,l:• , 1'13tter to li; Comiiun!catlors regarding the status
of TV cablc i;. Clermont. According to J. Hichaels, Jr.. Vice -
President, cuz,re..;t KC regulations a0s; ne cable to carry only
Orlando stations in a system in Clermont. Since the majority of
Clermont TV viewers currently receive Tampa, a system providing less
than is currantly being re.-elve-.1 would not be practical.
Last jL,:% the 'C(,' filed a "letter of inteat" WOO would allow 01
Communications to carry both Orlando and Tampa plus two distant
signals whi 0 , according to T,4 Communications, would prov'ide a
vinin pro&mn. These new rules an as yet only proposed and
are subject to Congressional acHon. If the Congress acts favorably,
they .•rill become effective In iIarch, 1972.
According to i:he franchise behman TV C=0URiCaUohs and the City of
Clermont, T;1 Cov;mamicatiow must ph started Knin 2 years from
execu,',-ion of ':hr- franchise. Tire two 'sears expires in March, 1972.
It All be close, but the cmpany asm"ns us that they will honor
their conunitlacni. and meet Y oxceed We construction requirements
of the frzjnch-is--.
in Ordinance 30-4, the Mayor and tnu MY Clerk were authorize.1
to ex.ucut� Tnc; deliver a Q&t Maim 5"d to C. Alborn Daniel
conveying ce:—;iain partici of land: in exchange for other lends in
Clermont:. The, lz,.-nd quii. cliaim,.d by the City is as follows:
The NorO Si feet (6 ft) of the Snah ninety-three feet (93 ft)
of Lot !9 and the East Twenty Net ('N It) of the Ides Forl;y feet
(40 NO of UP North Scanty 007 Mat (78 ft.) of the South ninety
three feet (93 ft) of Lot 17, all in Died. 80. It seems that a
small pmMon of land way, omitted crom the ilemely,
the Nor.`.h sszi(6 ft) of the South One" thme feet (93 ft)
of the hNst twenty feet �P.Fvli o? "t 17. B"ck 30 See the
attachm"t for a sketch oi "e , it is requested that the
City kl"t'orncy ',:e authorized to prqpErc tlie necessary ordinance authorizing
the suit claim deK.
And finally, the Florida Nague of NNes has advised us that
effective Ssptsmbar ist, Ue Leagus ll move thole headquarters from
Jacksonvll le to -1-allaba3sen. Their new addmss will be 008 Lake
Bradfnrr' Road. Their new nailing add";s will be P. 0 Box 431
Tal lahassea. 32303. The new ta)om ,A44 1,1 nuiubey-be 9041224-'h edhno.
Augus,' 24, -1971
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PROPeRTY SKErGH MICHAELS-STIGGINS, 10C.
BLOCK 80 ENGINEERS& ARCHITECTS
CL ERMO/vT, FLA. 30O E. SOUTH STREET
RLANDO, FLORIDA
8-24-7/
August 11, 1971
Mr. Syrus H. Johnson
921 11. Lake Shore Drive
Clermont, Florida 32711
Dear Mr. Johnson:
Please be advised that the City Council sitting as the
Zoning Board of Adjustment considered your request for
a variance in the front yard setback.
The Board tabled your request. They felt that since
your request was for a variance of 14 feet that you should
be in attendance to make a presentation to justify your
request.
The matter will be reconsidered on August 24. Your
presence is requested at that meeting to be held at 7.30
PM in the Council Chambers located in the Public Safety
Building at the corner of West Avenue and Desoto Street.
Sincerely,
Robert M. Hopkins
City Manager
RMI : and
bc: Dolores W. Carroll, City Clerk
!
LEGAL MOTTO
Pursuant to State Law notice is hereby given that the City 'ounr.il
sitting as a Zoning Board of Adjustment will hold a Public hearing
Ili the Council Chambers
ll
West
Desoto Streets on Tuesday. August1Cl,ecorner 1971at 7f3h Avenue P.M. fortiled
following purpose:
Application by Syrus H. Johnson to construct an addition to his
residence located at 921 Lake Shore Drive in Section 25-22-25 in
the City of Clermont, Florida. A variance in the front yard set -back
is requested from the required 35 feet to 21 feet. The property
herein described is zoned R1-A Low -Density Residential t;istrict.
I, All interested parties will be given an opportunity to express
their views on tile above mentioned matter.
R.t7.HopkinS
City Manager
City of Clermont, Florida
August 5. 1971
PURCHASE ORDER
NO. U f II hf Reel.No. Dato 7-�f;..%j 19
To South Lake Press
Address City
Ship To City of rleralort
Address Clermont Florida 32711
FOR I DATE RLOUIRLO IIOW 511IP 1lRM6
n 1-7UO
QUANTITY
PLEASE SUPPLY ITEMS LISTED BELOW
RECEIVED
OUANTI Ty
DATE
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Board of Adju tm ublic N
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S rus Johnson in the
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August Sth Edition of the P
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to
when rendering Invoice.
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DISPOSITION OF MATERIAL
Receiving Clerk
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n.td.11opkIns
Purchasing Agent
Radifprm *ems . RECHVING DEPT. COPY .f
1H 141
C O R P O R A 7/ O N
P. O. BOX 2207 4600 CLEVELAND HEIGHTS BOULEVARD LAKELAND, FLORIDA 33803
July 29, 1971
CONTRACTORS
813.646.5755
City ClerkI
702 Montrose Street
Clermont, Florida 32711
Dear Sir:
i
Request set -back variance on property described on enclosures, and as indicated,
to construct building extension for driveway canopy.
Required set -back will not allow sufficient room to install foundation, supporting
pipe, and roof extension.
The canopy will match existing construction.
Very truly yours,
Sy s H. Jot on
921 W. Lake, hore Drive
Clermont, Florida 32711
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C O N T R A C T
WHEREAS, the Board of County Coraaissioners in and for Lake County,
Florida, are desirous of having uniform zoning and far reaching planning
for the welfare and benefit of the inhabitants of Lake County, Florida,
and,
WIEREAS, Lake County, a political subdivision of the State of Florida
has a Planning and Zoning Department with a Planning and Zoning Director
especially trained in the field of planning and zoning, and
MHEREAS, the Director of Planning and 'Zoning of Lake County, being
especially trained in the field and having direct administrative super-
vision and direction of planning and zoning for Lake County, Florida, and,
WIm.R%AS, the City hereinafter set forth in this Contract is desirous
of complying with what is now recognized as good practices and policies
for the planning and zoning of areas including the planning of land use
of designated areas and,
1,M-REAS, it is determined by the County and the City that it would
be mutally advantageous to make available the services of the Director of
Planning and Zoning of the County of Lake in his capacity as director in
planning and -zoning to the various municipalities of the County of Lake
that are desirous of such services.
NOW THEREFORE, WITNESSEtd:
This agreement made the _2��day of 01, 1971, by and
between Lake County, a political subdivision of the State of Florida,
by its Planning and Zoning Department, hereinafter referred to as County
and the City of Clermont, a municipal corporation organized and existing
under the Laws of the State of Florida, hereinafter referred to as the
City, mutually covenant and agree as set forth below:
1. The County by and through its Director of Planning and Zoning,
will serve as the City's professional planning representative, and will
give consulation and advice to the City during the existance of this
Contract.
-o-
2. r c Dircctcr of ?lannin; and 'Zoning of lake County will:
2-1 Consult Witt, the City to determine the City's requirements
for planning.
2-2 Sdvise tine C=ty as to the necessity of his providing or
Obr,jilhing --ervica from others.
2-3 P_cpare a 'roliminary Planning Study and Report in sufficient
detail to indicate clearly the problems involved and the
alternate solutions available to the City.
2-4 On the basis of ,the Preliminary Planning Study and Report, if
authorized by the City, t-o prepare Planning Documents, draerings
and outline specifications to develop and establish a continu-
ing plan for land development use and zoning of the City.
2-5 To rende cost estimates of costs of services when requested
by the City.
2-6 Give assistance to tlic City in obtaining, interpreting and
evaluating bids awarding contracts for any necessary work in
preparing or completing a planning project.
3. The City agrees to use the services of the Director of Planning and
Zoning of Lake County, and agrees to pay for said services.
3-1 The City shall Day to the County the sum of $500.00 annually
as a retainer fee for the services of the Director of Planning
and Zoning, Lake County. -,
3-2 me City agrees to pay the County for the services of the Director
of Planning and Zoning of Lake County and for the services
,of the
'officers, staffs and materials of the Lake County Planning and
Zoning Department on the following basis.
A. Planning and Zoning Director $12,00 per hour
B. Associate Planner of Planning
and Zoning Department $10.00 per hour
C. Drafting staff of the Director $ 3.00 per hour
D. Secretarial staff of the Director $ 2.00 per hour
3-3 _=_c City a3n-aes to pay chargeable expenses as follows:
_=-wa.. 10c �e-r mile plus z_a a,:above rates, plus
ac_ Cuz Of pocket expenses.
B. Long cistaace telephone, telegraph ane any but ordinary
f4_5t class postage at actual cost. -
C. Cost of drafting, etc., other than set forth above, and
other materials required, at actual cost.
-3
4.
ir. City Assistance - The City shall assist the County throughout the
duration of this Contract by placing all information that may be available
and necessary relative to the preparation of report, plans and such other
information as may bcccne necessary for proper planning.
5. Terriination of Contract - This Contract nay be terminated by either
party, by either party hereto giving to the other party at least sixty (60)
days written notice prior to the date of termination. This Contract may be
i-nniediately terminated by mutual agreement and may be extended by mutual
agreement.
6. Duration of Contract - The torn of this Contract shall be for five
(5) years, unless sooner terminated as set forth above.
7. Credit against Retainer Pee - The City shall be entitled to credit
against the araual retainer fee as set forth above in the amount of $500.00
for actual work performed and 'billed to the City by the County. _
S. Methods aad Times of Payment - The City shall pay within twenty (20)
days from the date of billing for services rendered by the County after the
credit as applied to the _..t---ner fee has been exhausted.
9. Ownership of Docwuents - All documents, including original drawings,
estimated, plans, field notes and data are and remain the property of the
County, provided however that the City shall be entitled to a complete set
of reproducible prints of all data.
This Contract- shall inure to the benefit of and be binding upon the
successors of the respective parties hereto.
10. That this instrument contains the entire Agreement between the parties
and that no statameni, or inducements mad:by any party hereto or
agent thereof of _ _ „ urich is not contained in this written Contract
shall be valid and this Contract: may not be enlarged, modified or
altered except=r_t.r_ting signed by the parties.
11. If either of ,.._a parties hereto shall breach the terms of this Contract
then the breaching party shall be libable for attorney's fees incurred by
the non -breaching party in securing compliance with the Contract.
J,� 111TNESS i,-.,j;EpE0j1, t:lic; parties hereto have hereunto set their hands the
day and year first above crier m.
!30RD OF COUTY C=-lISSIO--CRS
COU;,"EY, VLORIDA
Chairman
ATTEST:
Board Q� County Commissioners
Director
Planning and Zoning Department
of Lake County
LEJZ. "n /—
pjaybr or President City uoun"l
ATTEST:
City Clark
77�",