10-26-1971 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held
in the Council Chambers on Tuesday, October 26, 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 Controller Fleming, City Attorney Langley, Director
of Public Utilities Asbury. Others present were: Mr. and Mrs. W. O.
Boone, Mrs. Agnes King, Mr. Paul Erfft, Mr. and Mrs. Alvin Wurst, Mrs.
Dolares VanderMeer, Mrs. Betty Thomas, Mr. Herman Potash, Mr. and Mrs.
George Smith, Mr. E. E. Warren, Mr. and Mrs. Sam Holtzclaw, Mr. Fred Vogt,
Mr. James P. Carroll, Mrs. Frances Oswalt, Mrs. Ella Mae Sheldon,
Mr. J. M. Byrd, Mrs. Hellen Gerberich, Mrs. W. B. Ream, Mrs. Martha Jarrell,
Mr. George Shroedel, Mr. and Mrs. Grant Vitter, Mr. and Mrs. Elmer Walzer,
Mr. Fred Schroedel, Mr. and Mrs. John Dormer, Mr. Ben Cunningham, Mr. John
Drees.. Mr. and Mrs. C. D. Misener, Mr. and Mrs. Ben Jarrett, Mr. John
Cunningham, Miss Peggy Cox, Mr. and Mrs. Syrus Johnson, Mr. E. L. Schumann,
Mr. Paul DiToma, Mr. John Smith, Mr. Fred Nesbitt and Mr. and Mrs. Frank
Pairan. Representatives of the Orlando Sentinel and the local Press were
a 1 sop re s e n t.
The Invocation was given by Mr. Bob Smythe followed by the Pledge of
Allegiance in unison by those present.
The Minutes of the Meeting held on October 12, 1971 were approved as
written.
Mayor Smith announced the Council would now sit as a Board of Adjustment
to consider application of Miss Peggy Cox wherein she requested a variance
in the side yard setback from the required 7 feet to 3 feet in order to
construct a carport on the S 50' of Lots 12 and 13 in City Block 56
(624 5th Street). Mr. Jack A. Spinks, owner of abutting property, voiced
objection to the Council granting such a variance. Councilman VanderMeer
advised Council that inasmuch as he was the seller of the abutting property
to Mr. Spinks, that he would abstain from voting. Councilman.. Cochran
advised that inasmuch as he had not made a visual inspection of the
property in question, he did not desire to take any action at this time.
It was consensus of Council and the Mayor so ordered, that this matter
be postponed until the next Regular Meeting on November 9th thereby
giving Council an opportunity to inspect the location.
Mayor Smith announced the next order of business to be a Public Hearing
to consider request of Mr. Herman Potash for a change in Zoning from R-2
to R-3 of Lots 11-12-13-18-19 and 20 in Block Q, and, Blocks 5 and 8
in Woodlawn Subdivision in order to build town houses in that location.
There was no objection voiced from the floor. City Manager Hopkins
advised that this matter had been previously referred to the Planning and
Zoning Commission for their recommendation but did not submit one to
Council inasmuch as neither petitioner nor abutting property owners had
appeared before them in behalf of or in oppostion to this request. Council-
man VanderMeer advised that inas~uch as it was presently being proposed
to amend the Zoning Ordinance to include Conditional Use Permits, which
would allow for construction as Mr. Potash proposed without changing the
classification of the Zone, that he therefore moved that this request
be denied. The motion was seconded by Councilman Beals and carried.
Mayor Smith announced the next order of business to be a Public Hearing
to consider request of Arthur Roberts, Attorney for a change in zoning
from R1-A to R-3 of certain property located in Indian Hills Subdivision.
City Attorney Langley rendered a legal opinion to Council that such
re-zoning as requested would be illegal as it would constitute "spot
zoning" inasmuch as the property in question is separated from other
property Zoned Rl-A by approximately 300' and would therefore be an island
of R-3 among Rl-A constituting "spot zoning". Mr. W. O. Boone, represent-
ing several property owners present, voiced objection to a change in the
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Zone in this location and submitted a petition to Council signed by
113 homeowners objecting to any change in Zone in this area. Mayor Smith
advised that the Planning and Zoning Commission had voted unanimously
to oppose such a change in zoning. Motion was made by Councilman
Cochran, and seconded by Councilwoman Watson that this request be denied.
Upon roll call vote on passage of the motion, the result was: Ayes:
VanderMeer, Smith, Cochran, Watson and Beals. Total Ayes: Five. Nayes:
None. The motion carried and the request denied.
City Manager Hopkins reported on his recent attendance at the Florida
State League of Cities Convention held in St. Petersburg wherein certain
Resolutions regarding Revenue Sharing - Occupational Licenses - Corporate
Profit Tax - Additional 2~ Gasoline Tax Distribution - Proposed Abolishment
of Municipal Courts, etc. were adopted by the League.
City Manager Hopkins reported to Council that J. O. Porter had submitted
his resignation from the Planning and Zoning Commission inasmuch as he had
moved from the State. Mr. Hopkins submitted the name of Bob Wade
and recommended that he be appointed to fill this vacancy. Motion was
made by Councilman Beals, seconded by Councilman Cochran and carried
that Mr. Bob Wade be appointed to membership on the Planning and
Zoning Commission to fill the unexpired term of Mr. Porter.
City Manager Hopkins reported on the sewer main extension to serve
Poynter-Harder's Chain-O-Lakes Mobile Home Park. Poynter-Harder will
assume the cost of a lift station and all public improvements on the
property. They will also assume the cost of the force main from their
property to the nearest manhole of the city system. Inasmuch as the
shortest distance, 1015 feet to a manhole on 12th Street south of State
Road 50, is not the best route due to the necessity of enlarging the
Sunset Lake lift station, the City Manager recommended that an alternate
route, 1450 feet to a manhole on112th Street north of State Road 50, be
taken and that the city assume the cost of the extra footage not to
exceed 30% of the total force main cost.
Motion was made by Councilman VanderMeer, seconded by Councilman Beals
and carried that the City Manager be authorized to have the Lake County
Planning Department make a pre-annexation study of properties surrounding
the existing corporate city limits.
Mayor Smith announced the Orange Blossom Breakfast to be held in the
Jenkins Auditorium on Wednesday, October 27th and urged all to attend.
Councilmen Cochran and Beals reported briefly on their recent attendance
at the League of Cities Convention and expressed appreciation for the
City having made it possible for them to attend.
City Clerk Carroll reported that a single bid had been received on the
Offer for Sale of the N 30' of Lot 1, Block 126A of Sunset Park Subdivision
which was opened and read as follows: From Dr. J. R. Peacock in the
amount of $750.00. Motion was made by Councilman VanderMeer, seconded by
Councilman Beals and unanimously carried that the bid as submitted by
Dr. Peac10ck be accepted and the City Attorney be instructed to prepare
the necessary Ordinance authorizing the Mayor and Clerk to execute
the necessary deed.
Councilman Beals offered and moved the adoption of AN ORDINANCE PROVIDING
A BUDGET OF EXPENSES FOR THE GENERAL OPERATION OF THE GOVERNMENT OF THE
CITY OF CLERMONT FOR THE FISCAL YEAR OF 1971-72 AND MAKING APPROPRIATIONS
THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA FOR THE YEAR 1971 FOR THE GENERAL OPERATION EXPENSE
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA and the motion was seconded
by Councilwoman Watson. The Ordinance was read in full by the City Manager
for a second and final reading and upon roll call vote on passage of
the motion the result was: Ayes: VanderMeer, Smith, Cochran, Watson and
Beals. Total Ayes: Five. Nayes: None. So the Ordinance was adopted,
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the number 42-M assigned to it and a copy ordered posted.
Councilman Cochran offered and moved the adoption of AN ORDINANCE UNDER
THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
DECLARING THE PRACTICE OF DISTRIBUTING HANDBILLS, CIRCULARS, NEWSPAPERS,
DODGERS, MA~AZINES, PAMPHLETS, AND OTHER PAPERS IN CERTAIN PLACES AND
IN CERTAIN WAYS TO CONSTITUTE A PUBLIC NUISANCE AND PROHIBITING SAME:
REPEALING ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR VIOLATIONS
THEREOF and the motion was seconded by Councilman Beals. The Ordinance
was read in full by the City Attorney for a second and final reading
and upon roll call vote on passage of the motion the result was: Ayes:
VanderMeer, Smith, Cochran, Watson and Beals. Total Ayes: Five. Nayes:
None. So the Ordinance was adopted, the number 58-C assigned to it and
a copy ordered posted.
Moti on was made by Counci 1man Vandert1eer that the Ci ty Manager ~[o~fat.e:
with officers of the First Federal Savings and Loan Association with
reqards the existing lease they hold on the city owned building recently
vacated; by them in order to proceed with moving the city administrative
offices into the building. Mayor Smith vacated the Chair to Mayor Pro-Tem
Cochran and thereupon seconded the motion. There was no vote taken on
this motion.
Motion was made by Councilman Cochran, seconded by Councilman Beals and
carried that the matter of whether or not the First Federal Building was
to be utilized for city offices be tabled until the next meeting.
The meeting was adjourned by Mayor Smith,
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Ci ty C1 erk