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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 M i "AIWOL A Ave So' 1 SO' 70 .BE OEEl7E0 TO OAIV1EL., N. 6 FT. OF S. 93 rr O F Y✓. 20 F7 OF L07 /7 ,o ----�--------� -+( -�1-I- 2O7- �j I So' 20, I Lor /9 I Lo-r /7 I C I I I To BE ae-E.OE/J 7*0 42AN/EL, P/rEVW05.LY I AurHoflzrp 0I I I I I I I I i TPROPOSE9 yI EASEMENT i P e t o Lor 20 Lor lB 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 I 1 e---�- a Board of Adju tm ublic N n + S rus Johnson in the s August Sth Edition of the P ss 6 T 8 s Plea e submit ProQf_QfL_yEjVth1Uiion to when rendering Invoice. u 17 DISPOSITION OF MATERIAL Receiving Clerk - 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 y ,..q3 �I 1 _ S��TIc TnuK � 4sfdal r twr'tt,��ooJ fl jrc. '— -- co 00 4.� ------ --(— �� 20-0 o n /EDG, Z or= G✓r�B . F--�— •- r, pz� ��.c"Y 'a Er-.....534'}��w �ctw 4rk:-�+Sr�- H� ... .. .. i• ' , ... -.. ... � .d79 .'.' 1 _�' ...7� C Y z�6 i�/,,� StT� �•J.e_ u t 'Q'""!L..-r 4 � "-•-�d�^P• n-- -� - ......_ ir` ai+.....r.w}1� k` 1 it � f 1•.• - 1.. 77 xr � ,� r�. ,•� _ —.p�I . /YFCOVQ/tNl•. . � 4 gip± d p - 1 fl�ti 1<- S-�y.-.__�Z N/osoiii•� r 'o.�si:` ,� _.Y.�./� 1� ' J Wyly p; � i !y" nC A t � ly:+l. .__�' n i✓-/r (y �I Oescri/.✓p->o: �.• Frc,-n o J�Gi.' o>< 7ch� ;;�f�iseclion of r/,e /.�/es� ti dS, ZWIX%J .774e i`c o /'oi/�oacf so>,c'e n%r '`he oo/ >= r-;;7iersEciio� pf,> curve: J7' � Y •,"`'fide .mid lv,Fd Orive.. iF;>re r:r7 Si7'a,7 �F o/or/y.fhe � o�"ff>e I . •c/N/ a>< a.�e Orive � 4 i. YS %c ef; 7�/ience.• J �Jn .S z z'35 !yi/ ,go�{ge� .:• r 7/0 >`/Je S u,�`i>erfsJ ,� •w� <, / ,.:�.�':� .;;iv< E>, � rii S�'%`'r�5 � ,y%any 1 .r`fiF? �Sn✓; l>�r/f/J ./i�i �:, �' sr>J�' ,�, r�� � � •% , ec.` J ;: .='CI. !j: from Sold Silo, '•L'r >"vi, !'hen:: c'.. . S �: l° -_5- .�- rJ cry-7ciic" .?ovi`/>c ' iy iiric of-.ffe �E%ism t a /� �e Greve /� r am ' ; :'/t rye / uri � 2•� S ' fG0 fAWA 7`0 /J% 1' } ,522.>S,%t/a{ :/��• ,'.'C./� ,.,,rc�. r✓n /."22°,S5�,E >. ', a� %•;7rlJ/'c�YFJ�i G'/7 - n/:' >," c7,7J;✓c' .../�._�Ci'/�i�c3'> ;:>rGJltri �f�/ '>9 �;r.' � rt;7�i-i7'S� :�: Jr/y. Uc.�,i �C ..✓• .� >yt. o .�>`i.„!/. 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�",