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04-14-1970 Supporting DocumentsMINUTES N4 657 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 14,19 7 witheajeeting Sias called to order at 7:30 f . !I. by Mayor Don members present. Other officials present were: City Manager Johnson, City Controller Fleming, City Clerk Carroll, City Attorney Langley and Chief of Police Tyndal. Others present were: ;tr. and Nrs. Jon Hiddleton, Mr. and Firs. George Smith, Mr. and Idrs. Frank Innis, Mr. and :Irs. Ed Allbright, fir. and Mrs. C. D. Misener, Mrs. ilaida Watson and Messrs. Willis McCall, 14. 1!. Boyd, John R. McCown, C. A. Mangold, Henry Czech, J. M. Byrd, E. L. Schumann, John Smith and Calvin Prater. The Invocation was given by Councilman VanderMeer. The Minutes of the Adjourned Meeting held on March 24, 1970 were approved as written. Mayor Smith announced the first order of business was to hold a public hearing on the following requests for changes in zoning. By Mr. W. 11. Boyd; Lot 3, Block 9, Sunnyside Unit, from the present P.-2 to C-2; Begin 100' North of Lake Shore Drive on Test side of Lake Avenue, run :lest to Lake, North to a point '.Jest of SIJ corner of Dazzling Sunset Subdivision, East to East side of Lake Avenue, South 210', East 210", North to Dazzling Sunset Subdivision, East to Riviera Heights, Southerly along I -lest line of subdivision to Lake Shore Drive, 41est to Lake Avenue, North 1001, West to point of beginning from the present Rl-A to R-3 to entirely all R-3. Mr. Calvin Prater, owner of property adjacent to the Dazzling Sunset Subdivision, spoke to the Council in opposition of any change in zoning in this area. 11r. 11. W. Boyd appealed to the Council for changes as he had previously requested in writing. There being no further comments from the floor regarding the requests, motion was made by Councilman Cochran, seconded by Councilman Oswalt and carried, that the recommendation of the Planning and Zoning Commission to deny these requests, be approved. By Mr. Cecil R. Keene: Lots 3 and 4 of Winona Bay Subdivision be changed from the present R1A zoning to R-3. The Hessrs. George Smith, J. M. Byrd and Frank Innis, spoke to the Council in opposition of any change in zoning in this area. fir. Ed Allbright spoke in favor of a change from the present Rl-A to R-2. There being no further comments from the floor regarding this request, motion was made by Councilman Oswalt, seconded by Councilman Cochran and carried that the recommendation of the Planning and Zoning Commission to deny this request be approved. City Attorney Langley recommended that the Council enact a format for zoning change requests. City Manager Johnson suggested that the Council establish rules, regulations and set a fee for all requests made to both the Zoning Board of Adjustment and the Planning and Zoning Commission. It was consensus of Council that the City Attorney be instructed to prepare a rough draft of such an Ordinance, for considera- tion by the City Council. At the request of City Manager Johnson a work meeting was called for Monday, April 20, 1970 at 8:00 P. M. in the office of the City Attorney. The purpose of the meeting is to prepare a Llater and Sanitary Sewer Ordinance establishing rates and other related matters. MINUTES NQ 658 Willis McCall, Sheriff of Lake County, appeared before the Council with regards the CounciI's request for an investigator of felonies from the Sheriff's Department to be assigned permanently in the South Lake County area and preferably be a resident from this area. lie advised the Council that funds prohibit this at the present time, but that he now had 4 full time investigators and had just recently been authorized to employ an additional one, which would work the entire county, and offered full cooperation from his department to all citizens of South Lake County and the City of Clermont. City Manager Johnson submitted his report, both orally and written and a copy is attached hereto. City Manager Johnson advised that it was necessary to replace a member of the Plumbing Board as Mr. James Fisher has moved out of the City, and he recommended that Mr. t-lillie Creech be appointed. It was the unanimous decision of the Council that the vacancy be filled by the appointment of Willie Creech to the Plumbing Board. It was the recommendation of City Manager Johnson that the City Attorney be instructed to proceed with condemnation proceedings for necessary sewer line easements, which the Council had been unable to obtain. Motion was made by Councilman Cochran, seconded by Councilman Bratton and carried that this recommendation be accepted and the City Attorney be so instructed. Mayor Smith advised that he would be attending a meeting of Hayors of Municipalities of the State of Florida in Tallahassee on April 26th and 27th and urged the Council to forward to him any suggestions/ recommendations and/or requests which they might have with regards pending bills in the Legislature, as the delegation of Mayors would be meeting with the Legislature. City Attorney Langley advised the Council that in order to grant conditional use permits which would allow types of construction in areas where prohibited by zoning regulations, an amendment to the City Charter would be necessary. City Attorney Langley further inquired of Council their desire to purchase a Breathalizer for use in the Police Department as he had recommended previously. It was consensus of Council that the City Attorney obtain a cost estimate of same and report back to the Council. Councilman Bratton, Council's liaison representative to the Library Board, reported to Council that he had investigated the request of Frank C. Sargeant, Senior English Teacher at Clermont,11igh School wherein he voiced disatisfaction with the procedures at the Library and found there to be an apparent lack of direct communication between the Professor and the Librarian, though the Librarian had encouraged such a contact. It was Councilman'Bratton's opinion that the Professor had been in error in contacting the Council rather than the Librarian and that he felt a letter of commendation for services rendered to Clermont by the Librarian from the Council was in order. It was consensusof Council that the City Manager write Mrs. Eleanor Caswell, Librarian -Cooper Memorial Library, a letter of appreciation for her services at the library, with a copy of same to Mr. Sargeant. City Clerk Carroll read communications as follows: A request from the Clermont-Groveland Elks Club to hold a teenage dance in the Jenkins Auditorium on Saturday, April 18, 1970. Motion was made by Councilman Vanderlieer, seconded by Councilman Oswalt and carried that this request be granted provided that all necessary rules and regulations set forth for use of the Aduitorium for dances, 559 MINUTES NQ Of are met; From the T;l Communications Company wherein they expressed appreciation to the Council for the non-exclusive franchise recently granted to them for the construction of a cable television system in Clermont and advised their representative would contact the City Manager in the near future to post the necessary bonds and insurance certificates and present a pre -payment check; from the Lake County liosquito Control Director, wherein he submitted a proposed county operational plan for the Clermont dump for Council's consideration; From the Lake County League of Muncipalities wherein they advise of the Quarterly Meeting of the League to be held in Tavares on tlednesday, April 22, 1970 at 7:00 P. M. and encouraged as many members as possible to attend. Motion was made by Councilman Cochran, seconded by Councilman Oratton and carried, that the bills be paid. Councilman Vanderi•teer inquired of City Controller Fleming the amount of surplus increase from 10/31/68 through 10/31/69 and he was advised the amount of $21.764.00. Motion was made by Councilman VanderNeer and seconded by Councilman Oswalt that the City Manager be authorized to proceed with the lighting of the softball field at an approximate cost of $3500.00 and that these funds be allocated from the City's surplus funds. Upon roll call vote on passage of the motion, the result was: Ayes: VanderiMeer, Smith and aratton. Total Ayes: Three. Nayes: Oswalt and Cochran. Total Playes: Two. The motion carried. Councilman Oswalt advised he felt a coi,iplete utilization plan for the city owned property located west of 12th Street where the present Little League and Softball fields are located, should be presented for study before any additional expenditures are authorized. City Manager Johnson advised his reason for opposition to lighting of the softball field at this time was because he felt there was a greater need to conserve the surplus funds for the re -surfacing of streets throughout the city which were badly damaged from the freezing temperatures this past winter and which would be damaged again once the construction of the sewer system is started. City Manager Johnson reported to the Council that all fire protection contracts for those properties lying outside the City would expire in May of 1971 and it was his recommendation that the fee for these be increased before the contracts are renewed. It was consensus of Council that the fPhager obtain a per capita cost for such protection and report to the Council. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Dolores W. Carroll, Clerk ` `�� 1ST � �s " hC� � ry � � ` �� � � t � � ^� l,s. i �;-- � �t r i � ro l � i ACCOUNTS PAYABLE - MARCH 31, 1970 GENERAL Florida City Managers Assoc. b.UO F&R Office Supply, Inc. 12.75 Clarence E. Bishop 368.50 Herbert Rutzebeck 40.00 Watson Grove Service 227.23 South Lake Memorial hospital 26.00 Olivenbauin Insurance Agency 9.00 South Lake Press 45.60 Consolidated Chemical Corp. 36.50 Bob's Auto Glass & Supply Co., Inc. 5B.12 Harb Tractor & Equipment,Inc. 20.76 Jim Willis 48.74 Moore Business Forms, Inc. 89.93 Konsler Steel Co. 5.30 D. G. Rambo 18.00 Charles Sales Corp. 42.95 Orlando Paving Co. 99.00 Goodyear Tire and Rubber Co. 219.71 Goodyear Service Stores 68.40 Lawton Bros. 48.45 Reddick's Fifth St. Grocery 19.51 Clermont Medical Center 19.00 Crest Restaurant 327.50 Hilltop Book Nook 40.84 Standard Auto Parts 87.91 National Linen Service 37.50 Golden Triangle 15.00 Lake Apopka Natural Gas 45.40 State Uniform Service 12.00 Coble's Radiator & Auto Electric Service 18.53 Central Oil Company, Inc. 654.82 Carroll Gas Co. 9.00 Hydraulic Supply Co. 7.27 Herb's Ice House 5.60 Cities Service Oil Co. 607.70 'Westerman Ford 9•92 Grants Prescription Center 1.95 Clermont Builders Supply 218.32 Ileeker Garden Supply 9.20 Merle N. Bright 13.47 Bowen Supply Co., Inc. 3.75 Clements' 159.00 George Stuart 13.00 Jim's Heating, Air Conditioning 123.75 GlenNar Electronics Service,Inc. 24.50 Clermont Hardware & Supply Co. 9.25 Standard Oil Co. 12.65 Richard 11. Langley 44.60 Heavy Equipment & Supply 3.64 Willie Creech 169.40 Florida Power Corp. 1830.92 $ 6044.84 WATER DEPARTMENT Richard H. Langley 250.00 Ace Supply Co. 64.14 Jim Hillis 4.00 Chemical Equipment Service 50.80 Charles Sales 5.60 Standard Auto Parts, Inc. '`3.32 Davis Meter & Supply Co. Inc. 193.56 Odom Tank Co. Inc. 1905.50 Florida Power Corp. 408.21 $ 2885.13 GRAND TOTAL: $8929.97 MARTIN P, WINTHER 422 LAKE SHORE DRIVE CLERMONT. FLORIDA March 21, 1970 The Honorable City Council Clermont, Fla. Gentlemen, At a Duly called and convened public hearing held at Council Chambers at 7 P.M. on March 20, 1970, the following recommendations to the City Council were approved; 1. Lots 3 and 4, IPinona Bay. Requested change Zoning from R1A to R3. DENIED. 2. Lot 3, Block 9, Sunnyside Unit. Change Zoning from R2, to C2. DENIED. 3. Parcel at intersection of East Ave. and Lake Shore Drive, Petitioned by Wm. Boyd for change from R1A to R3. DENIED. Attached hereto is a letter and a Petition in opposition to this change. 4. This Commission calls attention to the growing need for good high class Apartments in Clermont. It is our Consensus that a study should be made to ascertain if modifications might be needed to encourage construction of this class of housing. March 12, 1970 To the gentlemen of the P1Anninq-Loninn Commission of the City of Clermont. Mr. Martin Winthcr, Chalrman: ,rntlemcn: Mr. William Boyd, owner of a parcel of land, now in grove, bounded on the north by Mr. and Mrs. Cooley, on the fast by N,essrs. Fowler and Amateis, on the South by Lake Shore Drive and on the West by I-;rs. Fraserand Lake Avenue, has requested that this proptcry, now zoned in category R1A, be changed to category R3. As R3 zoning permits boarding houses, hospitals, professional offices, condominiums, apartment houses, multiple dwellings, trailer camps and marinas, we, the undersigned, who are pron- crty owners 11vin¢ within approximately 250 feet of this parcel feel that any change in the present category of RU would bring about changes in the neighborhood that would lessen property values and be detrimental to the welfare and contentment of all involved. We therefor wish to register our strong objection to to any changes in the present zoning laws relative to this property. Signrd. I' C�� lU-ti,f z �v 10[ I r /C �/� � (�i(C7/" "V CC l 1' I We the undersigned residents and property owners of Lake Shore Drive Una adjoining area do object to any spot zoning of said area as proposed by Mr. 'It. Boyd in hie request to the planning zoning Commission of the City of Clermont, Lake County, Florida, herein described in the attached newspaper publication. a i V �'��sVC 1 �a�"�-„�,, `1.� cd c� . cGr��. .raw. •.mow.. ���.�wroaoe.dgr � ,: �L� �%jLclJ i y 17 _ r i 0 I+ NOTICE OF PUBLIC HEARING UN ' .'WING + Notloc i. fiul to al(,_ �terntd. jI that the ll.t 'I -rip- t:ommiulun [ the CITY f.. ";I a, [akin County, Florida has been-'i Iaed' to ronslde, a tautat for theIn! of the fall — In. desorlbd DroDrrly: I.3 nd e, whom nay, tier - a *'Mont from the. Dreseat RIA. w 1141,' j and I.ot"3,. Week 0, Sunnysldo Unit,., Clermont from the ➢resent R-2. to " C-2 and 'begin 100 feet north.. of - LakeShore Drive on Weut' aid,, of Lake Avenge, n Weat W Ike, North to a Point UWmt. of Southwof of Darslin. Sunatt Subdi- £apt to Enst aid vleiont, e', of Take Avenue.. South 210 ftet;'East. 210 feet, North: to Dassllog'Sunset Sub - divlelon. East toy Riviera IIeighls, Southerly along West If.. of sub- division to Lake' Shore. Drive; :West to -Enka Avenue,' North 100: foul, Wat b Pointof neainning.�7,n' Is Drmently "rot in Dart " Itln And Dart m R-3 and rni,mt In that all be zoned on Ra. A Public Rearing thereon tvill bo held at the Municipal Court Room; Corner of Wnt Avmtua. and DeSalo Street ad PTiday.. March 20, 1070 at 7:00 o'tluek P.M. Oblettioos m he filed in pens o in Welting by property o their ag cola o ntWrnge. Take due notice ITo-f. Ily order of the Zoning fomrel.l.n of the Pienning-Zoning Commbulun - of the City of: Clermont, Take County. Florida. Martin Wlnther Chairman of the Plannt.a.Zonioir Commission 'of the. City or Clermont, Florida March S. 12. 1070 'No the undersigned property owners of RIA and R3 zoned property in the immediate area of Lake Shore Drive and Lnke Avenue respectfully submit signed petitions objecting to any spot zoning of property at Lake Shore Drive and Lake Avenue by the zoning commiuion. Regardless of the commisions decision on the matter we request that they forward petitions to the City Counsil of Clermont, Florida. HENRY CZECH :I75 A11-1 nLn A111-1 CLENBIONT, PLORIDA City of Clermont, Commission on Planning and Zoning. Gentlemen: - The dictionary defines IlZone" as Ilan area, tract or section distinguished from others or adjacent areas by some quality, purpose or conditionll. On November 24, 1965 the City Council of Clermont entered - into a contract with Adley Associates, Incorporated, for the sum of $8300.00 to survey, develop and recommend a plan for Zon- ing the City of Clermont which will serve the City for the next 10 to 15 years. After the Adley Associates, Incorporated, spent six months carefully checking all areas and needs they presented and dis- cussed with the Council members their recommendations. The mem- bers of the Council then entered into numerous meetings and dis- cussions of these recommendations. On September 10, 1068 the City Council passed and entered an ordinance, the present Zoning Ordinance. I dwell on this because it bears out the fact that the Ordinance is the result of long, tedious and mature judgement. You now have before you a request for a change in zoning in the heart of a residential area. In this area we have num- erous homes, many o$ which were located there under the pro- HENRY CZECH 375 hlh.-hnhu Ave nnv CIA-MBIONT, FLORIDA City of Clermont, Commission on Planning and Zoning, Page —2— tection of a residential zoning regulation. The zoning change requested permits numerous types of installations which would materially jeopardize and reduce the value of their homes. If a zoning ordinance is so flexible it isn't worth the paper it is written on,.1then its present and future value is worthless.