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09-08-1970 Supporting DocumentsMINUTES NQ 682 REGULAR HEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, Septemher 8, 1970. The meeting was called to order at 7:52 P. H. by Mayor Don E. Smith with the follow- ing members present: Councilmen VanderMeer, Oswalt, Cochran and Bratton. Other officials present were: City Manager Johnson, City Clerk Carroll and Chief of Police Tyndal. Others present aere: Jacob Bumgarner, Christy Christensen, Mr. and Mrs. George Gallup, E. L. Schumann, Henry Czech, Merle Bright, John S. Crosthwaite, Jr., Ernest Collins, Albert Mechtold, Mrs. Loma Etheredge, Mrs. Rudolf Pretsch and Mrs. C. Roy Rook. Representatives of the local Press were also present. The Invocation was given by Councilman VanderMeer. The Minutes of the meeting held on August 25, 1970 were approved as written. Mayor Smith announced that the first order of business was a Public Hearing with regards Council designating a Zoning for Lots 1 thru 5 of Forty Pines Subdivision which had inadvertently been deleted from being zoned at the time of re -zoning of the entire City. Mrs. Rudolf Pretsch, owner of Lot 3 in Forty Pines, and Mr. Jacob Bumgarner, owner of Lots 1 and 2 in Forty Pines, appeared before the Council and requested that this parcel be zoned a classification no lower than R-2, and preferably be Zoned as R-2. Mr. and Mrs. George Gallup owners of Lot 4 in Forty Pines, appeared before the Council and requested this parcel be zoned as C-2. Mrs. Loma Etheredge, a nearby property owner of this parcel, appeared before Council and requested that the parcel be zoned at least R-2 and preferably a higher classification than R-2. After considerable discussion, motion was made by Councilman Oswalt and seconded by Councilman Bratton that the necessary Ordinance be prepared amending Code Ordinance No. 42 - Zoning which would designate Lots 1-2-3-4 and 5 of Forty Pines Subdivision as an R-2 Medium -Density Residential District. Upon roll call vote on passage of the motion, the result was: Ayes: Bratton, Cochran, Smith and Oswalt. Total Ayes: Four. Nayes: None. Abstaining: VanderMeer. The motion carried. Mr. Merle Bright appeared before Council and introduced Mr. John S. Crosthwaite, Jr., Director. of Governmental Sales for the Florida Power Corporation, who was present to answer any questions which the Council might have with regards the proposed franchise between the City and Florida Power Corporation. Councilman VanderMeer inquired of Florida Power's reason for a straight 6% percentage basis rather than a franchise based on a graduated percentage as in the past and Mr. Crosthwaite advised that Florida Power had been encouraged to do this by the Utilities Commission in order to become consistent with all other utility companies in the State. City Manager Johnson submitted his report both orally and written, and a copy is attached hereto. With regards the matter of Modular Homes, which according to the existing Zoning Ordinance are classified as mobile homes and thereby not permitted within the city except in a designated mobile home park, it was consensus of Council that no action be taken until such time as a specific request for placing one in the city has been received. Councilmen VanderMeer and Cochran commented on the large crowd which attended the Labor Day festivities at the local Jaycee Beach. MINUTES N9 683 City Clerk Carroll read communications as follows: From Mr. John Greer wherein he expressed appreciation to the City Manager and the Council for courtesies extended to him recently while interviewing for the position of City ',tanager; From !lr. Tom Corbett of Les Larson Realtors in Orlando wherein he offered for sale to the City, a parcel of land located adjacent to Oakhill Cemetery on the East; From Attorney GeneralEarl Faircloth wherein he urged Council to adopt an Ordnance endorsing the present State Statute on Obscenity which recently had been declared unconstitutional and unenforceable by a federal court in Jacksonville, and which applicationhad been made to the Supreme Court of the United States to stayof the federal court order. It was consensus of Council that this matter be referred to the City Attorney for study and preparation of rough draft of such an Ordinance to present to the Council for action. Mr. Chris Christensen appeared before Council and presented a petition from five property owners around Shady Nook Lake wherein they requested that Shady Nook Lake be pumped down from its present high water level. Mr. Johnson read a letter to Council from Mrs. Mildred Middleton, property owner on Shady Nook. Lake, wherein she vigorously protested any pumping of the Lake. It was consensus of Council that any action be deferred until such time as they could individually investigate this matter. Motion was made by Councilman VanderMeer, seconded by Councilman Oswalt and carried that the City Manager be authorized to pay moving expenses of Mr. Robert Hopkins in the amount of $357.40. Councilman Oswalt offered and moved the adoption of A RESOLUTION ESTABLISHING 1970-71 BUDGET OF THE CITY OF CLERMONT WATER AND SANITARY SEWERS DEPARTMENT FOR THE FISCAL YEAR 1970=71 and the RESOLUTION was read in full. The motion was seconded by Councilman VanderMeer and unanimously carried and the Number 167 assigned to it and a copy ordered posted. Councilman VanderMeer offered and moved the adoption of A RESOLUTION ESTABLISHING A BUDGET FOR THE FISCAL YEAR 1970-71 FOR GENERAL OPERATIONS OF THE CITY OF CLERMONT and the RESOLUTION was read in full. The motion was seconded by Councilman Oswalt and unanimously carried and the Number 168 assigned to it and a copy ordered posted. Councilman Oswalt introduced AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATION OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1970-71 AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA FOR THE YEAR. 1970 FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, and the ORDINANCE was read in full for a first reading. Councilman VanderMeer introduced AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION, IT LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING CERTAIN CONDITIONS RELATING THERETO and the ORDINANCE was read in full for a first reading. Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer and carried that the bills be paid. MINUTES N4 684 Motion was made by Councilman Cochran and seconded by Councilman VanderMeer that the City Clerk be authorized to disburse salaries in the fiscal year 1970-71 for the positions of City Attorney, City Controller and Jenkins Auditorium Supervisor as follows: Controller: $3458.00; Attorney: $2100.00; Auditorium Supervisor: $2350.00. The motion carried %gith Councilman Oswalt abstaining. The meeting was adjourned by Mayor Smith. &��It� 6 1:�: �- DUN E. SMITH, t•AYOR 1 � DOLORES W. GARRULL, CITY CLERK I k! I Li.. SIJ r r 2i il I -I n 9-1-� At 0 r Ian; rWA ;9 :Vought a) Y)ur a :nnzion the fact thpt, acc,o�-dinq - _"')! lig 0�-9ii'an ;'crlai have the same 0;17ilicatwh a WOW", 11 )m that I cons.act Taveren and pec n cup: e t t i i i g standards ro r then. homes . I and at, 'least some of our other now , :T not 4q, assed w i to this type of construction. The r an swan 61 AY JwWem is . ut sev W " areas are zoned to permi t the nud=" hm? si Dey ,re hi ^,;cd elsewhere. These homes Win" WQ m-0 : far C"I cnu K""As but ,`.hey just as de Fi Otely ary WW"Y W - r3, l e"cc to ich you would care to have locate6 w,,L to your wym. Twn hui 1 dings are presently not aermi Rud 0 AcA-A, wd n- in M 10 We Pak— If you care to Mika y qoagnq n? 13:,w; j&n1d have your early "aJdcratVn- Ar. Robert IWAInq tab advisno 1w, jhmoving expense from Cocos i2cach a. Go Irmont will amy official action shculd be ZWn on UK: We — The ymp,enj is, uping "ova& Vrom the Bluxam Avenue W1 to tie Grand Wfmay vuln Ths pwp house wAl be constructed this week or wn W ister "mOd ba availabla for use Within W next two or ...In wenW. At our last vmW9 it ,:as my intention to lower the vabr hall or Shad.�' ! akE , This no',',' Py'es(-ots something of Y PrOlab na3mach o; 1 hava a petition from five adjacent property over. payesing thaz the water level be lowered and 1 also hcv; a jactc - to ohn City Council from Mrs. G, y Middow, TqwnVhq aay you o0ficial action to prohibit i t . it ther0wo 3mmns &wn wn, matter ter in in your hands. City Attornq aryq hu asWd me to uVile You that this is his ninth wmnv�nj ON th" he Oi H not 0113mScnt this even ; ng. a in that hn has Qrahn-d =o ri tton report for you. Anson Septamber ACCOUNTS PAYARL __S_`_'PTUMBER, i_, _'1971) GENERAL Superior GMC Trucks, Inc. Orlando Paving Company Cities Service Oil Company Clements' Goodyear Service Stores Madden's Electrical Service State Uniform Service Clermont TV and Appliance Kennon Bearing Service, Inc. South Lake Press Clermont Hardware & Supply Co. Lake Apopka Natural Gas Meeker Garden Supply Westerman Ford Hydraulic Supply Co. Hodges Equipment Company Jim Willis Hardware & Supply Herb's Ice House Prescott Tractor Sales, Inc. GV-Oviers iiardware & Supply, Inc. Harb Tractor & Equipment, Inc. Clermont Builders Supply, Inc. Standard Auto Parts, Inc. Central Oil Company Hilltop Book Nook Reddick's Fifth St. Grocery WATER DEPARTMENT Ciermont Bldrs. Sl- iy Badger Meter Mfg. Cc. Davis Meter & Supply Co. Chemical Equipment Service Charles Sales Co. TOTAL: $3,122.09 74.66 72.00 442.88 9.00 196.07 330.05 12.00 7.50 18.75 10.63 31.15 8.00 19.16 5.35 8.11 35.06 48.33 28.00 27.45 4.00 28.16 29.90 114.12 649.49 52.94 6.00 $ 2,268.76 86.69 325.34 189.00 218.10 34.20 $ 853.33 670 Shady Nook Clermont, Florida September 5, 1970 The Honorable Mayor Don Smith and the City Council of the City of Clermont 702 0ontrose Street Clermont, Florida near ,,Iayor Smith and Clermont Councilmen: As one who is conservation -minded and dedicated to the preservatmon of the best possible ecology, I have a matter to bring before the City Council of Clermont It has been called to my attention that a petition, signed by five property owners on Shady Nook Lake, has been submitted to the City Manager for consideration by you,the members of the City Council. This petition requests that the water level of Shady Nook Lake be lowered about three feet. Realizing that you are not obliged to vote for this request, I am urging you to vote against it. It is possible that a group of residents might petition the City Manager to take steps to discharge all of the Councilmen from their civic positions immediately; or someone might round up signatures of a group asking that the new boat dock be torn down immediately; still others might be in favor of doing away with the fire department. I know that you, as a judicious govern- ing body, do not feel an obligation to yield to every selfish request that comes along. I belong to an educational committee called the Resource -Use Committee, and the schoolteachers in this group, as well as millions of other citizens of our country, feel that our lake water should be conserved, not thrown away. I have to put on my glasses to see Shady Nook Lake as it is now, but, if you allow it to be pumped down, I'll have to get a magnifying glass to find it. Really, I think the higher little Shady Nook, or Egg, Lake is, the more it does for the scenic beauty of our town. True, the water level was lowered some ten years ago, but that was done to prevent Pitt Street from going underwater. At the present time the road is about seven feet above the lake, which, in- cidentally, is dropping rapidly and soon will be as low, and even lower,than the person who got up the petition likes it to be. Since the petitioner's original attempt, about a month ago, to get the lake pumped, the water has already fallen about a fact- and -a -half. The dock of the petitioner is already out of the water, and all indications are that in a few days it will be completely high and dry. Thank you for your consideration of a viewpoint that 2 think is more in tune with the national movement to take care of what we have left of our air, water, trees, and wildlife instead of wasting and depleting them. Here is an opportunity for the civic leaders of Clermont to take some positive environmental action. My attempt to take issue with my neighbors' position is being made without personal malice and in all good faith. Yours sincerely, Mrs. Glenn Middleton Sept. 1,19' Mr. Albert Johnson, City Manager Clermont, Fla. Dear Sir: We the undersigned residents of Shady Nook Drive, desire To have the water pumped down 40 inches in Shady nook Lake,to facilitate the use of our docks and beaches. Thank you. w, c-L" i September 8, 1970 City Council City of Clermont, Florida Gentlemen: This is to advise you that the undersigned property owners, owning property adjacent to or in the vi cinity of Lots 1, 2, 3, 4, and 5 of Forty Pines Subdivision in Clermont, Florida do hereby object to any rezoning of said property and respectfully request that City Council reject any request to change the present zoning of said property. �—' 41� Z �' e, i