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08-26-1969 Supporting DocumentsMINUTES ND 28V 605 ADJOURNED MEETING An Adjourned erdMeeting washldintheCouncil Chambers onuTuesday, ncil of tAugust he y26, 1969of . The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the following members present: Councilmen VanderMeer, Cochran and Bratton. Other officials present were: Ctty Manager Johnson, City Clerk Carroll, City Controller Fleming, City Attorney Langley and Chief of Police Tyndal. Others present were: Mesdames Frances Boone, CWMayers, Eleanor Teubner, Eunice Darity; The plisses ; the Messrs. HO visRose l,oC...A.Mangold, Robert nd Florence lIngersoll, William lW. Doyd, WilliamgGross, Aaron Jones, Reuben Jamison; Mr. and Mrs. John Dormer, Mr. and Mrs. Donald Hayes. Messrs. Tom Sawyer and Jim Westbrook of Michaels Engineering Company and representatives of the local Press and the Orlando Sentinel were also present. The Invocation was given by Councilman VanderMeer. The Minutes of the Meeting held on Tuesday, August 12, 1969 were approved as written. Mayor Smith advised that the Council, sitting as a Board of Equalization, would hear complaints, if any, on the assessed valuation of real and personal property as shown on the tentative 1969 Tax Roll, as submitted by the Tax Assessor. As there were no complaints or protests against the tentative tax roll, motion was made by Councilman VanderMeer, and seconded by Councilman Bratton that the tax roll for 1969 for the City of Clermont as submitted by the Tax Assessor be confirmed. On roll call vote the Ayes were: VanderMeer, Cochran and Bratton. Total Ayes: Three. Nayes: None. Absent: Oswalt. The motion carried and the 1969 City of Clermont Tax Roll as presented by the Tax Assessor was confirmed. Mayor Smith advised that the Council would sit as a Board of Equalization to hear complaints, if any, on street improvement liens for the re- construction of School Street, between Highland Avenue and Cooper Lane. There being no one present to contest the assessments, Councilman Cochran offered and moved that it be passed a RESOLUTION confirming the paving assessment and the RESOLUTION was read in full by the City Attorney. The motion was seconded by Councilman Bratton and unanimously carried. The Number 149 was assigned to it and a copy ordered posted. City Manager Johnson submitted his report both orally and written and a copy is attached hereto. City Attorney Langley advised that upon checking with the Bond Attorney, it would be necessary that all changes and/or additions made in the sewer assessments be advertised and the property owners notified. City Clerk Carroll advised of a request from the Clermont-Groveland Elks Lodge to sponsor a teen-age dance to be held in the Jenkins Audi- torium on September 6th; that all existing rules and regulations would be complied with and submitted a list of the necessary adult chaperones. Motion was made by Councilman VanderMeer, seconded by Councilman Cochran and carried that this request be granted. MINUTES N° x2W 606 City Clerk Carroll read a communication from Mr. William G. Haynie, Chairman of the Board of Directors of the First Church of Christ, Scientist of Clermont, wherein he expressed appreciation to the Mayor and Council for use of the Community Building at Kehlor Park. City Clerk Carroll read a communication from Mrs. Frances Boone wherein she urged that the Council adopt a dog leash law. Mayor Smith advised that the Council had been requested by State Representative William H. Reedy to endorse, by Resolution, a request urging Governor Cluade R. Kirk,Jr. to call a specia 1 session of the Legislature to properly fund the Department of Transportation on a "pay as you go" basis in order to begin construction immediately on much needed new roads. Councilman Cochran offered and moved that it be passed a RESOLUTION endorsing the request of Representative Reedy and the RESOLUTION was read in full by Mayor Smith. The motion was seconded by Councilman Bratton and unanimously carried. The Number 150 was assigned to the Resolution. Mayor Smith had been requested by the Council at the meeting of August 12th to endeavor to find a replacement for the Municipal Judge whose term expires on January 1, 1970 and who would no longer be available to serve, and he advised that he had contacted Attorney George Hovis and he had agreed to serve. The Meeting was adjourned by Mayor Smith. DON E. SMITH, CHAIRMAN DOLURES W. CARROLL, (AFT CLERK CITY MANAGER'S REPORT The small amount of playground equipment ,ihich we recently installed in the Lincoln Park area Tot Lot is being used almost constantly. Certainly thi_= small expenditure is bringing recreation and enjoy- ment to many youngsters in that area. I am hopeful that I will be able tc install some additional equipment there in the near future and the area will be fenced on the street sides this week. The addition to the Kehlor Park building is ,underway and should be completed within three weeks. Construction of the Shuffleboard Courts should start the last of this month and should be completed in about thirty days. In each instance the completion is based on reasonable weather. The storm sewers recently Installed at the Lincoln Park School appear to have eliminated their water problem. The increasing heavy rains which we are having are causing considerable damage to streets. We are constantly patching holes and filling wash- outs. We cannot do the required sand -sealing in the areas programmed due to the rains. It is necessary that we construct several catch basins and possibly install some storm sewers, and again, the rains cause delay. In several areas of the City the old storm sewers are not adequate to handle the water. Clay and dirt are washed onto the streets and water overflows the curbing and causes washouts. We are constantly pumping the water from Center Lake in an effort to hold it at the proper level. The water level in several of our small land locked lakes is extremely high, but there is nothing to be done about It. I am fully aware that the sidewalk recently constructed along Pitt Street Is not satisfactory in its present condition. However, it is not completed and cannot be completed until the daily rains cease. When we finish with it, I think that it will serve the purpose for which intended, but it will not be a first class walk. Weeds and grass are growing faster than we can mow, and the amount of trash and cuttings to be nauled from pr;vate property has increased tremendously. Our efforts toward the elimination of substandard buildings has been reasonably successful. Some six or seven buildings are being taken down and there are several ethers which must come down. It is quite possible that a court order will be required in some instances. Respec ully submitted, ' �.r,c...,.... ., A. tl1.✓Johnson, City Manager ✓'„�1 - .r�. __ r Cirr MANAGER'S REPORT cs..2-_b5 The small amount :71 playground equipment which we recently installed in the Lincoln Park area Tot Lot is being used almost constantly. Certainly this small expenditure is bringing recreation and enjoy- ment to many youngsters in that area. I am hopeful that I will be able tc install some additional equipment there in the near future and the area will be fenced on the street sides this week. The addition to the Kehlor Park building is ,underway and should be completed within three weeks. Construction of the Shuffleboard Courts should start the last of this month and should be completed in about thirty days. In each instance the completion is based on reasonable weather. The storm sewers recently installed at the Lincoln Park School appear to have eliminated their water problem. The increasing heavy rains which we are having are causing considerable damage to streets. We are constantly patching holes and filling wash- outs. We cannot do the required sand -sealing in the areas programmed due to the rains. It Is necessary that we construct several catch has ins and possibly install some storm sewers, and again, the rains - cause delay. In several areas of the City the old storm sewers are not adequate to handle the water. Clay and dirt are washed onto the streets and water overflows the curbing and causes washouts. We are constantly pumping the water from Center Lake in an effort to hold it at the proper level. The grater level in several of our small land locked lakes is extremely high, but there is nothing to be done about it. I am fully aware that the sidewalk recently constructed along Pitt Street is not satisfactory in its present condition. However, it is not completed and cannot be completed until the daily rains cease. When we finish with it, I think that it will serve the purpose for which intended, but it will not be a first class walk. Weeds and grass are growing faster than we can mow, and the amount of trash and cuttings to be nauled from private property has increased tremendously. Our efforts toward the elimination of sobstandard buildings has been reasonably successful. Some six or seven buildings are being taken down and there are several ctijers which must come down. It is quite possible that a court order will be required in some instances. Respec ully submitted, A. M. Johnson, City Manager sc CITY OF CLERMONT CLERMONT, FLORIDA TO WHOM IT MAY CONCERN: Attached is a copy of a Resolution on assessments, and notice of assessments that is being published in the South Lake Press by this city on August 14 1969. Under the Resolution these sums are due in cash on or before thirty (30) days from the date the City Council sits as a Board of Equalization to hear complaints, if any, and to adjust, correct and confirm the assessments as shown on the "NOTICE OF SPECIAL ASSESSMENTS" attached hereto. If you desire you may pay your assessment in five,equai annual installments together with interest at the rate of eight percent (8%) per annum, with the first payment due on or before October 1, 1969. V y truly yours. Z at Dolores W. Carroll City Clerk NOTICE OF HEARING ON PROPOSED IMPROVEMENTS AND LEVY OF SPECIAL ASSESSMENTS FOR SAME TO ALL WHOM IT MAY CONCERN: The City Council of the City of Clermont, Lake County, Florida, hereby gives notice to all persons interested that lots, piece or parcel of real property in the said City hereinafter described, have been assessed in the amount set opposite each lot, piece or parcel of property, as the cost of the improvement on the respective street hereinafter described, on a front foot basis and/or as the benefit and advantage of such lot, piece or parcel of property, beyond the general advantage of all the real property within said City, for clearing, grading, filling, raising, paving, curbing and drainage of said streets hereinafter described, such assessments in no case to exceed two-thirds (2/3) exclusive of intersections, if any, of the total cost of said improvements; and, Notice is hereby J ven that the said Council meeting as an Equalization Board, will meet in the Municipal Court Room at 7:30 o'clock P. M. on August 26, 1969, to hear any complaints which the owners or any other person, firm or corporation having any interest in a ny of said real property, upon which they wish to make against the special assessments thereon. If there be no complaints, the special assessments as originally made shall stand confirmed at the adjournment of said meeting, which meeting may be adjourned from day to day until all complaints, if any shall be fully heard, but if any corrections be made upon complaint the special assessments as adjusted, corrected and equalized shall then stand confirmed upon final adjournment of said meeting. The street upon which said improvements have been made and the property assessed, the amount of such assessment and the owners thereof are: (See attached pages for copy of Assessment Roll) ores V . Carro-M City Clerk August 14, 1969 COPY arr SP7C1Ppf.. ASfIFSSt1JIT ROLL. FOR FAIT III a 01I SCh00L STRUT FROfl HIGHLAND f;VIiHUF 'r0 COOPER LANE, CLFRMONT, FLORIDA Front P'°f' 0"mer L_e((vI !),�_cripdon Foota�rr- ooi: Ara; Odm;1 Lc•'r. 2 Linco'I i Hclq:lts School 5o, 1*am Dean Lua. 4 5 L CICOI❑ Hciollt School 100' Church of God Lr,t iS, L'ncain Heights 5chooi 50° 1.;5 Hat•tic Porter Lf i I , i2, Lincoln Heighi:s School 1011, i.55 Aaron Jones Lol:s 14, 16, L'ineoln James Jonas' it L nr )l I Ilezgiits Cachcrine C11 IiA Total 77.50 f55.00 77.50 155.00 1 55.00 77.50 77.(iO 7; .'.i(1 Alm RESOLUTION NUMME R 146 RESOLUTION FOR STREET IMPROVEMENTS AND SPECIAL ASSESSMENT; SCHOOL STREET FROM HIGHLANDS 1.0 COOPER LANE, A DISTANCE OF APPROXIMATELY 750 FEET WHEREAS, it is the opinion of the City Council of the City of Clermont, Lake County, Florida, that; a necessity exists requiring the clearing, gradin!r, filling, raising, paving and curbing of the hereinafter described streets in said City as hereinafter specified; and WHEREAS, in the opinion of the City Council of said City, the property and real estate abutting and adjacent to the hereinafter described street vr171 be especially benef•itted thereoy, and the owners of the property abutting (,ire adjacent thereto wi17 he fully compensated for the cost of said i-provement in the enhancement of the values of the real estate and property affected by said improvements, and the cost to said property ovrners, in the opinion of the City Council of said City Will be equitable and just in proportion to said increased value; therefore, BE IT RESOLVED by the City Council of the said City that the following described street in said City of Clermont shall be cleared, graded, filled, raised, paved, curbed and drained, to r•r•it: School Street from Highlands to Cooper Lane, a distance of approximately 750 feet. BE IT FURTHER RESOLVED by the City Council of said City that it is the opinion of said Council that the cost of clearing, grading, filling, raising, paving, curbing and drainage said street will be just to the respective owners thereon, and is warranted under a necessity which exists and, that the cost of the said improvement on the described street shall be paid as follovrs: (a) by the owners of all of the lots and land adjoining and contiguous or bounding and abutting upon the respective street to be cleared, graded, filled, raised, paved, curbed, and drained (intersections excluded) under a special assessment on all of said lots and lands not to exceed two-thirds (2/3) of the total cost, and (b) one third (1/3) plus the cost of intersections, if any, to be paid by the City from the general improvement fund. Said special assessments shall be due and payable in cash to the City of Clermont on or before 30 days after said Special Assessments shall stand approved and confirmed, or may be paid in five equal payments, first payment due thirty (30) days after special assessment shall stand approved and confirmed, plus interest at 8% per annum until fully paid. The total estimated cost of the above described improvements for the above described School Street from Highlands to Cooper Lane, a distance of approximately 750 feet, is $4.80 per lineal foot. m BE IT FURTHER RESOLVED that the plan adopted by said Council to be rased for defraying the costs of said improvements as applied to the property owners whose property abuts and adjoins said street shall be according to the front -foot plan and rule, provided that should the application of this plan and rule, in the opinion of the Council of said City, be unjust and unequal, or result in individual cases in assessment in excess of specified benefits received from such improvements then the Council shall adopt such rule of apportionment as shall effect a substantial equality between said owners, considering the benefits received by and burden imposed on said ovrners and their respective property. ----------------------------------------------- --------------------------------- ADOPTED by the City Council of the City of Clermont, Lake County, Florida, at its adjourned meeting held on May 27, 1959 Dolores bi. Carroll C i ty C F Alm MINUTES Nn x2W 607 RECESSED MEETING Mayor Don E. Smith called the Recessed Meeting to order at 7:49 P.M. on Tuesday, August 26, 1969 with all members present. Other officials present were: City Manager Johnson, City Clerk Carroll, City Controller Fleming, City Attorney Langley and Chief of Police Tyndal. Representatives of Michaels Engineering Company were also present. Property owners appearing before the Council with regards sewer assessments against their property were as follows: REUBEN JAMISON, owner of property which fronts 150 feet on Desoto Street and 300 feet on Bloxam Avenue inquired of Council if he would be assessed footage on the short side. Mr.Jamison was advised that the assessments were made on a lot basis rather than a parcel basis and therefore he was being assessed for 150 feet on each street. It was consensus of Council that this assessment stand. MRS. C. W. MAYERS, President of the Clermont Womans Club,inquired of Council the reason for assessing the Womans Club when the property is owned by the City of Clermont. Mayor Smith advised Mrs. Mayers there would be no assessments on city owned property under lease. WILLIAM BOYD stated to Council that he thought it unfair to assess properties owned by him that he could not obtain a building permit for due to Zoning. The property is described as Lots 4-5-16-17-18 and Lots 10-11 and 12 less the N 75 feet, all in city Block 99 and north of - State Road 50, and, Lot 3 in Block 9 of Sunnyside Unit. Mayor Smith advised that it was agreement of Council that no properties would be assessed on which building permits could not be obtained. Mr. Boyd stated to the Council that he had received assessment notices on Lots 1 and 2 of Point Place Subdivision which fronted on Nita Place, a private drive, and not a dedicated public street. Tom Sawyer of Michaels Engineering Company advised that they were not aware at the time of assessing that Nita Place was a private drive. City Attorney Langley advised Mr. Boyd that servicing these lots with the sewer system would be prohibited inasmuch as they do not have access to a dedicated i public street. 14r.Boyd further stated to the Council that he had re- ceived assessment notices of property owned by him in Herring Hooks Estates which was being assessed on both sides of the street, and that he could not obtain a building permit for that property on the lake side. Mayor Smith advised that the agreement of Council to not assess properties on which building permits could not be obtained would be effective in this instance on the lake side property. WILLIAM GROSS submitted a survey of property owned by him in Tract 62 and which had been assessed for 428 feet and which he thought to be in error. Upon checking by the Engineers, there had been an error made in the amount of street right-o-way and it was consensus of Council that this assessment be changed to 418 feet. Mr. Gross inquired of Council many questions of a general nature regarding policies of Council with regards the proposed sewer system construction and also their policy for sewer service in the future to properties excluded from the present system plans. MINUTES N° x2W( 608 FLORENCE POOL inquired of Council as to charges to be made with regards the sewer system on vacant properties and she was advised that it would be the footage assessment only. Miss Pool protested the sewer assessments made on Lots 56 thru 64 and Lots 73 thru 78 in Indian Hills Subdivision and owned by Inland Groves Corporation as this is undeveloped property and there is no need for sewerage system service. bliss Pool was advised that assessments on this pro- perty had already been deleted as it had been determined that the sewer lines would not now be extended to service them. It was con- sensus of Council that all other assessments on properties owned by Inland Groves Corporation would stand. JOHN DORMER appeared before Council and protested assessments made on property owned by him described as Lots 12 thru 16 in City Block 31 though he only had one residence with 1-i baths located there. Mr.Dormer was advised that his assessments were made on a lot basis, the same as throughout the City, with Lots 12, 14 and 16 facing on Magnolia Street and Lots 13 and 15 facing on Seminole Street. It was consensus of Council that the assessments stand. EU14ICE DARITY appeared before Council and advised she held a deed on property described as Lots 1 thru 4 and Lot 17 in City Block 88 and had received the notice of sewer assessment against same, but didn't think it fair that she be sent the assessment inasmuch as several other persons claimed ownership of this same property. She was advised by Mayor Smith that the assessments were made against the property and not against individuals. It was consensus of Council that the assess- ment stand. ROSE BOYD appeared before Council and protested the assessment of her property described as Lot 10 in Point Place Subdivision which is a 50 foot lot but assessed for 911-s feet. The Engineers advised Miss Boyd that inasmuch as her lot was an irregular shaped lot with the rear being greater in width than the front the property was therefore assessed on a mean average/basis. It was consensus of Council that the assessment stand. Mayor Smith inquired if there be anyone present who desired to appear before the Council regarding questions on the sewer assessments, and there were none. Written requests of property owners regarding sewer assessments were considered by the Council at this time as follows: GUS REIS, owner of property described as Tracts 49A and 49B protested the sewage assessment against this property as he felt such system would be of no benefit as his property was all in citrus groves. It was consensus of Council that the assessment stand. GERALD McLEAN requested consideration from the Council with regards being assessed on the short side, his property described as the East 2/3 of Lots 1-2 and 3 in Block 8 of Sunset Heights, such property being located on the corner of Cedar and Second Streets. Mr.Sawyer advised that Mr. McLean was being assessed on the short side of his corner lot inasmuch as Lot 1, the corner lot, was assessed on the 50 foot side rather than the 100 foot side. It was consensus of Council that the assessment stand. AOL MINUTES N° xx2ft 609 WILLIE MAE RHODES protested the assessment against property owned by her described as the W 33 feet of the SW corner of Lot 6 in Block N as it was not large enough on which to build. It was consensus of Council that adjoining property could be purchased, or, this parcel of property sold to the adjoining property owners and would then be of sufficient size on which to build and therefore the assessment would stand. FRED WOLFE protested the assessment on Lot 29 of Unit 1 in Shady Nook Subdivision as it had been assessed for 80.05 foot frontage, but the actual frontage was 55.1 feet. The Engineers advised this was based on a mean average inasmuch as the lot is of irregular shape. It was consensus of Council that the assessment stand. Mr. Wolfe protested the assessment on Lots 106 and 107 of Clermont Heights as there was no actual frontage to this property. The Engineers advised this assessment was made on an availability basis of the sewer line, and it was consensus of Council that the assessment stand. Mr. Wolfe protested the assessment on Lots 15, 17 and 19 in City Block 85 as there was no actual front footage and again the Engineers advised this assessment was made on availability basis and it was consensus of Council that the assessment stand. Mr. Wolfe protested the assessment on Lots 192 thru 198 in Clermont Heights as there was no actual frontage. The Engineers advised that this assessment had already been deleted insasmuch as Scott Street had been closed in this area. Mr. Wolfe protested the assessment on Lots 1,2,3 and 22 in Block 119 of Johnson's Replat as the actual frontage was 162.5 feet instead of 199.5 feet as notified. The Engineers advised that this property being of irregular shape had been assessed on a mean average, and it was consensus of Council that the assessment stand. Mr. Wolfe protested the assessment on Lots 1 thru 13 in Block 115 of Johnson's Replat as the actual footage is 618.75 feet instead of 658.75 feet as notified. The Engineers advised that this was in error as a 40 foot easement to the City of Clermont had not been deducted, but that it had already been corrected to read as 618.75 feet. Mr. Wolfe protested the assessment on Lots 9 and 10 in City Block 85. The Engineers advised that the assessment on Lot 9 had already been deleted inasmuch as the sewer line would not extend that far, but that Lot 10 was being assessed for frontage on Chestnut Street, and it was consensus of Council that this assessment stand. HELEN BROWN WILKINS protested the assessment on her property described as the E 40 feet of Lot 16 and Lots 14 and 15 in City Block 76. The Engineers advised there had been an error in the footage assessed and the correction made to read as assessment for 40 feet on Desoto Street and assessment for 110 feet on 7th Street. R. W. TILDEN protested his assessment being made on a mean average rather than actual front footage. The Engineers advised this property being of irregular shape with the rear being of greater width than the front was assessed as all other irregular shaped properties in the City had been assessed, and it was consensus of Council that the assessment stand. MINUTES N2 x$6Ax 610 IRVING F. MORSE protested the assessment on his property based on 105 feet when it actually was 100 feet. The Engineers advised that this footage was in error and had already been corrected. STELLA LINDEMANN protested the assessment on property owned by her in Block BB. It was consensus of Council that the assessment made on the southern end extension of Lot 21 in Alta Vista of 45 feet, stand, but that the assessment of BO feet of property in Block BB which has no access to a street be deleted. JA14ES 0. PORTER protested the assessment on property located in Block BB which is a 45 foot extension on the southern end of his property located on Lot 15 in Alta Vista. It was consensus of Council that the assessment stand. Letters from the following listed persons were submitted to the Council wherein they were opposed to the construction of a sanitary sewer system in Clermont: Mrs. Sadie Tillis Mr. A.Ross Evans Mrs. Mildred K. Styan Mrs. Rudolph L. Johnson Mrs. S. R. Livesay Mrs. Glennie Barfoot Mrs. Jennie Mheater Mrs. Jane Dingess Miss Dorothy Rohl Mrs. Adrian L. Hayes Mayor Smith advised that he had called a Special Meeting of the City Council for Tuesday, September 2, 1969 at 7:30 P.M. Mayor Smith recessed this meeting until Tuesday, September 9, 1969 following the Regular Council Meeting. DON E. SMITH, CHAIRMAN DOLORES W. CARROLL, CITY CLERK