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05-23-1972 Regular Meeting e e MINUTES NQ 815 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 23, 1972. 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 Smoak, Beals and Schroede1. Other officials present were: City Manager Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Langley, Director of Community Services Smythe, Utilities Superintendent Asbury, Building Director Nagel and Chief of Police Tynda1. Others present were: Mr. and Mrs. G. Y. Middleton, Mr. and Mrs. Lamar Black, Mr. and Mrs. George Hovis, Mr. and Mrs. Grant Vitter, Mr. and Mrs. Clarence Bishop, Mr. and Mrs. C. J. Mitchell, Mr. and Mrs. John Au11, Mr. and Mrs. David Lofgren, Mr. and Mrs. Ben Cunningham, Dr. and Mrs. William Styan, Mr. and Mrs. R. M. Frye, Mr. and Mrs. Joseph J. Muir; The Mesdames Lucy DiToma, Betty Thomas, Hazel Nichols, Honey Jean Smoak, Ruth Yancey, Ruth Alice Ray, Martha Groschen, Mildred Dollar, Ruth Moody, Susan Parks, Jessie Nagel, Sheila Langley, Fern LaVeigne, Frances Oswalt, Hulda Fineis, Hilda Teachout, Jean Campbell; The Messrs. Don Ware, Willard Hoebeke, J. M. Byrd, Albert No1ze, John Drees, Tim Miller, Freddie Nyhuis, G. Lynn Brotherson, Henry Czech, George Karst, Ray P. Cochran, Robert Shumaker, Leonard Baird, Richard Oswalt, Sam Holtzclaw, E. L. Schumann, E. Ray Jones, Art George, Herman Barberry, W. O. Boone, Werner Heinrich, J. M. VanderMeer, William Sullivan, David Guerney, William Stone, Leonard Baird, Jr., Carl Bishop, John R. Jones, George Arendt, Nick Jones and Ben Blackburn. The Invocation was given by Councilman Beals followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held on May 9, 1972 were approved as written. Mr. Derow Poynter appeared before Council and submitted to them the Phase II site plan layout of the proposed mobile home park, for their consideration. Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the plans be approved. Councilman Smoak inquired of Mr. Poynter, if, in his opinion had he found it difficult to negotiate with Council with regards obtaining site plan approval, and if it had been an inconvenience to submit site plans for approval, and Mr. Poynter replied that it had not been. Mayor Smith announced the next order of business to be Public Hearings to consider changes in zoning and street closings as advertised. No.1. Request by Dr. William Washuta for the re-zoning of Tract 61, Lake Highlands in Section 18-22-26 from the present R-1 to R-3 zone. Nick Jones, Architect, appeared before Council representing Dr. Washuta, and presented a brief resume and submitted drawings of proposed apartment complexes. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that this request be granted and the City Attorney be instructed to prepare the necessary Ordinance for consideration at the next meeting. No.2. Request by Dr. William Washuta for the re-zoning of Lot 5, Block F, less the North 167' more or less but including the West 6011 of the north 167- more or less and all of Lot 6, Block F from the present R-1 zoning to an R-3A zone. Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that this request be granted and the City Attorney be instructed to prepare the necessary Ordinance for consideration at the next meeting. These two requests of Dr. Washuta had been recommended to Council for passage by the Planning and Zoning Commission following their meeting held on May 2, 1972. No.3. Request by Richard H. Langley for the re-zoning of all of Block 19 and Lots 3, 4 and 5 in Block 20 and all land lying between these lots and Crystal Lake from the present R-1 zoning to an R-3A zone. Mr. bangley appeared before Council and presented a brief resume and submitted drawings of the proposed development for this area. Messrs. Lamar Black and E. Ray Jones voiced oppostion to this request being " . . MINUTES NQ 816 granted by Council and referred to a petition of several names which had been presented to the Planning and Zoning Commission opposing this request at the time of their Public Hearing held on May 2nd, and the action taken by the Commission at that meeting wherein they recommended that the request be denied. Motion was made by Councilman Smoak, and seconded by Councilman Schroede1 that the request be denied. Upon roll call vote on passage of the motion, the result was, Ayes: Smoak and Schroede1. Nayes: Smith, Beals and Watson. The motion failed to carry. Motion was made by Councilman Beals and seconded by Councilwoman Watson that the request be granted and the City Attorney be instructed to prepare the necessary Ordinance for consideration at the next meeting. Upon roll call vote on passage of the motion, the result was: Ayes: Smith, Beals and Watson. Total Ayes: Three. Nayes: Smoak and Schroede1. Total Nayes: Two. The motion carried. No.4. Request by Richard H. Langley for the closing of that part of Juniata Street lying West of Second Street and East of Crystal Lake. Motion was made by Counci1wmman Watson, seconded by Councilman Beals and carried that this request be granted and the City Attorney be instructed to prepare the necessary Ordinance for consideration at the next meeting. No.5. Request by Harvey Nagel for the re-zoning of Block 17 in Hillside Terrace Subdivision from the present R-1 zoning to an R-3A zone. Mr. Nagel appeared before Council and presented a brief resume and submitted drawings of a proposed apartment dwelling complex for the area. Mesdames Middleton and Styan and Messrs. Sullivan and Lofgren voiced opposition to this request being granted by Council and Mr. Sullivan read a petition of several names of persons who were opposed to the request. It had been the recommendation of the Planning and Zoning Commission following their Public Hearing held on May 2nd that this request be granted. Motion was made by Councilman Beals, seconded by Councilwoman Watson that the request be granted and the City Attorney be instructed to prepare the necessary Ordinance for consideration at the next meeting. Upon roll call vote on passage of the motion, the result was: Ayes: Smith, Beals and Watson. Total Ayes: Three. Nayes: Smoak and Schroede1. Total Nayes: Two. The motion carried. Mrs. Watson was excused from the Council meeting at this time. Mr. Stuart ~en, Attorney representing Mr. and Mrs. R. M. Frye, appeared before Council and appealed to them to set aside the deed given by the City to G. Lynn Brotherson in October of 1969, the result of having closed an un-named street around a portion of Lake Winona and which include 1akefront property on which the Fryes held an easement not expiring until 4/6/79. He further requested that a new deed be executed which would reserve and set aside this parcel on which the Fryes have the easement. City Manager Hopkins advised Council that sewer line installations had been made on an easement granted by Mr. Brotherson in this area. There was no action taken by Council and the matter was tabled. The City Manager, however, was requested to obtain a cost estimate of re-1ocating the present sewer lines installed on this easement, if, in fact, it would even be possible to do so, and report back to Council. City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards expenditure for a city sponsored free tennis clinic during the month of June, motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the sum of $100.00 be authorized for s~ch a program. With regards the possible relocating of street drainage lines in the Kons1er Steel property area since the closing of Juniata Street this matter was referred to the City Manager for further study and consultation with the owners of Kons1er Steel, and report back to Council. . . MINUTES NQ 817 Councilman Schroede1 offered and moved the passage of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF LOTS 1 THROUGH 14, BLOCK 18, AND LOTS 14 THROUGH 20 OF BLOCK 7, FROM THE PRESENT C-1 TO C-2 CLASSIFICATION: ALSO, CHANGING THE ZONING OF LOTS 1, 2 and 3 1M LETTERED BLOCK A, AND LOTS 1,2 AND 3 IN LETTERED BLOCK B, AND ALL THAT LAKE SHORE PORTION LYING WEST OF LOTS 1,2 ANB 3 IN BLOCK A, FROM THE PRESENT R-1 TO R-3A, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. The motion was seconded by Councilman Smoak and the ORDINANCE was read in full by the City Attorney for a second and final reading. Upon roll call vote on passage of the motion, the result was: Ayes: Smoak, Smith and Schroede1. Total 'Ayes: Three. Nayes: None. Abstaining: Beals. Absent: Watson. So the ORDINANCE was adopted, the Number 70-C assigned to it and a copy ordered posted. Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF BROOME STREET FROM THE WESTERN RIGHT-OF-WAY OF ANDERSON STREET TO THE SOUTHWE~CORNER OF LOT 12, BLOCK 5, WOODLAWN SUBDIVIS10N: AND ALSO, THAT PORTION OF JUNIATA STREET FROM THE WESTERN RIGHT-OF-WAY LINE OF ANDERSON STREET TO THE NORTHWEST CORNER OF LOT 6, BLOCK 5, WOODLAWN SUBDIVISION, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. The motion was seconded by Councilman Schroede1 and the ORDINANCE was read in full for a second and final reading by City Attorney Langley. Upon roll call vote on passage of the motion, the result was: Ayes: Smoak, Smith, Beals and Schroede1. Total Ayes: Four. Nayes: None. Absent: Watson. So the ORDINANCE was adopted, the Number 46-M assigned to it and a copy ordered posted. City Manager Hopkins reported that invitations for bids on the old City Hall building had been advertised for this date, however, none had been received. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Dolores W. Carroll, City Clerk