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10-26-1971 Regular Meeting . . MINUTES NQ 765 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 . . MINUTES NQ 766 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, . . MINUTES NQ 767 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, ~smC~ Ci ty C1 erk