09-12-1972 Regular Meeting
.
.
MINUTES
NQ
833
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, September 12, 1972. The meeting was called to order at 7:55 P.M.
by Mayor Don E. Smith with the following members present: Councilmen Smoak, Beals and
Schroede1. Other officials present were: City Manager Hopkins, City Clerk Carroll,
City Controller Fleming, City Attorney Langley, Chief of Police Tynda1, Director of
Community Services Smythe, and Building Official Nagel. Others present were: Richard
B. Williams, Mrs. Werner Heinrich, Mr. & Mrs. Frank Pairan, Mr. & Mrs. Chris Giachetti,
William Moody, Mr. & Mrs. G. Y. Middleton, Dr. Charles Anderson, George Hovis, Albert
Sherman, Mrs. Honey Jean Smoak, George Karst, John Stalnaker, Donald Wrightam, David
Lofgren, Miss Bertha Barbour, Mr. & Mrs. William Hohler, Mr. & Mrs. Carlisle Byrd,
Mrs. C. E. Blackburn, Tommy Lee Wootson, Nick Jones, Ben Blackburn, Wayne Dukes, Ray
P. Cochran, Mr. & Mrs. William Sullivan, Mr. & Mrs. Art Edwards, Mrs. Hazel Nichols,
Robert Shumaker, Mrs. Janet Beals, Mrs. Hulda Fineis and Preston Shoup. Representatives
of the Orlando Sentinel and the local Press were also present.
The invocation was given by City Manager Hopkins, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the meeting held on August 22, 1972 were approved as written.
Mayor Smith announced the first order of business to be a continuation of the Public
Hearing to consider proposed changes in zoning. There were no comments on this matter,
whereupon Mayor Smith declared the Public Hearing closed. Motion was made by
Councilman Beals, seconded by Councilman Schroede1 and carried, that the City Attorney
be instructed to prepare the necessary Ordinance to make the following changes in
zoning:
City Blocks 78 and 79 and all lands lying north of Osceola Street to
Lake Minneo1a between 7th Street and 8th Street from C-2 to R-3
Beginning at the intersection of Grand Highway and Hook Street, run
due west along Hook Street 1350 feet to the southeast boundary of the
Sunny Dell Subdivision, thence run due north 1350 feet to the north
right-of-way line of Minnehaha Avenue thence run due east 550 fee~,
thence run due north 450 feet, thence run due east 425 feet to thel west
right-of-way line of Lakeview Drive, thence run due south 150 feet
along the west right-of-way line of Lakeview Drive to its terminus,
thence run due east 191 feet to the west boundary of Lot 1, Lakeview
Heights Subdivision, thence run due south along the west boundary of
Lot 1, Lakeview Heights Subdivision to the southwest boundary of
Lot 1, Lakeview Heights Subdivision, thence run due east 131 feet
along the south boundary of Lot 1, Lake View Heights Subdivision to
Grand Highway, thence south along Grand Highway 1800 feet to P.O.B.
from M-1 to C-2
Lots 1, 2, south 1/2 of Lot 3; Lots 35 and 36, Lakeview Heights
Subdivision, from M-1 to R-2
Lots 1, 2, 3, 4, Block K from R-1 to R-3
Lots 7, 8, Block F from R-1 to R-3A
Tract 52 from R-1 to R-3
All of the Platted Subdivision known as LakeMinnehaha Chain-o-
Lakes Development less Block AA from R-LA to R-1
.
.
MINUTES
NQ
834
B@ginning at the intersection of the east boundary of Section 30,
Township 22, Range 26 and, the south right-of-way line of Hook
Street run due south for 450 feet along said Section line thence
run due west for 200 feet to State Road 25, U.S. No. 27, thence
run south easterly along said highway for 600 feet to the south-
west corner of Lot No. 4LA, Parcel No. 29, thence due west for
650 feet to the southeast boundary of Lot 13, Block 5, Lake
Minnehaha Chain-o-Lakes Development thence northerly along the
westerly boundary of Block AA Lake Minnehaha Chain-o-Lakes Develop-
ment to Hook Street, thence run due east for 800 feet to P.D.B.
from R-lA to C-2
Bids received on one portable pumping unit were opened and read as follows:
Davis Meter & Supply Company @ $2045.00
Flow Engineered Equipment @ $2493.00
Highway Equipment & Supply Company @ $2140.00
City Manager Hopkins advised that all bids were in order as per specifications submitted
and he therefore recommended that the low bid of Davis Meter and Supply Co. be accepted.
Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the
recommendation of City Manager Hopkins be accepted and the bid be awarded to Davis Meter
and Supply Company.
City Manager Hopkins submitted his report both orally and written and a copy is attached
hereto.
Motion was made by Councilman Beals, seconded by Councilman Smoak and carried that the
city millage for next fiscal year be tentatively set at 8 mills and the Lake County
Tax Assessor be so advised.
Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that the
bill submitted by Michaels-Stiggins, Inc. in the amount of $1535.86 be paid. This bill
covers the preliminary design of paving and drainage for East Avenue between Orange Avenue
and Lake Minneola @ $1139.60, and, plans and general supervision of construction 11th
Street paving and drainage from Juniata Street to DeSoto Street @ $396.26.
Motion was made by Councilman Smoak, seconded by Councilman Beals and carried that permission
be granted to John Sims, representing the Welborn Daniel Committee, to use the Municipal
Stadium on October 18th for a political rally.
Motion was made by Councilman Schroedel, seconded by Councilman Beals that Council waive the
monthly water, sanitation and sewer charges at 899 Montrose Street occupied by the Florida
Boys Ranch, for a fund raising effort. Upon roll call vote on passage of the motion, the
result was: Ayes: Schroedel. Total Ayes: One. Nayes: Smoak, Smith and Beals. Total
Nayes: Three. The motion failed to carry.
Mayor Smith called a workshop session of Council to be held in the office of the City Manager
on Tu~sday, September 19th at 7 o'clock P.M. to further consider the 72-73 budget.
City Manager Hopkins advised that members of newly established business in the city were
present and he desired to introduce them as follows: Messrs. Ben Blackburn and Wayne Dukes
of Blackburn and Dukes, Surveyors, and, Mr. Preston Shoup, Engineer of Akdoruk, Brownell,
Campanile & Associates, Consulting Engineers and Land Planners.
City Manager Hopkins read a letter from Messrs. Frank and David Henderson, owners of the
Henderson Coin Laundry, wherein they requested a 30 day extension in which to connect to
the sewer system inasmuch as there had been a change in the location of their lateral and
that this had just been installed within the past two weeks. Motion was mady by Councilman
Smoak, seconded by Councilman Beals and carried that this extension of 30 days be granted.
.
.
MINUTES
NQ
835
Motion was made by Councilman Beals, seconded by Councilman Schroedel and carried that the
bills be paid.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING CERTAIN PARTS AS DESCRIBED HEREIN
FROM Rl-A TO R-3A AND CERTAIN OTHER PORTIONS THEREOF FROM R-lA TO C-2 ZONING and the motion
was seconded by Councilman Smoak. The ORDINANCE was read in full for a second and final
reading by City Manager Hopkins and upon roll call vote on passage of the motion, the result
was; Ayes: Smoak, Smith, Beals and Schroedel. Total Ayes: Four. Nayes: None. Absent:
Watson. So the ORDINANCE was adopted, the No. 78-C assigned to it and a copy ordered posted.
Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, PROHIBITING LOITERING IN THE AREA OF BUSINESSES DURING NON-BUSINESS
HOURS, AUTHORIZING THE POLICE TO CLEAR SAID AREAS, PROVIDING FOR THE ARREST, TRIAL AND
PUNISHMENT OF THOSE REFUSING TO LEAVE SAID AREAS, PROVIDING AN EFFECTIVE DATE and the ORDINANCE
was read in full for a first reading by City Attorney Langley.
Councilman Smoak offered and moved the immediate adoption of, under emergency measures, AN
ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING
LOITERING IN THE AREA OF BUSINESSES DURING NON-BUSINESS HOURS, AUTHORIZING THE POLICE TO CLEAR
SAID AREAS, PROVIDING FOR THE ARREST, TRIAL AND PUNISHMENT OF THOSE REFUSING TO LEAVE SAID
AREAS, PROVIDING AN EFFECTIVE DATE and the motion was seconded by Councilman Schroedel. The
ORDINANCE was read in full by City Attorney Langley and upon roll call vote on passage of the
motion, the result was: Ayes: Smoak, Smith, Beals and Schroedel. Total Ayes: Four. Nayes:
None. Absent: Watson. So the ORDINANCE was adopted, the Number 79-C assigned to it and a copy
ordered posted.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA RE-ADOPTING ORDINANCE NO. 106 AND ORDAINING THE SAME TO BE IN FULL FORCE
AND EFFECT FOR THE ENSUING FISCAL YEAR and the ORDINANCE was read in full for a first reading
by City Attorney Langley.
Councilman Beals offered and moved the adoption of a RESOLUTION directing that monthly pension
benefits be paid from the City of Clermont Pension Plan to A.B. Broyles, employee of the City
of Clermont who is retiring as of September 30, 1972. The motion was seconded by Councilman
Schroedel and unanimously carried. The RESOLUTION was read in full, the Number 197 assigned
to it and a copy ordered posted.
There was considerable discussion at this time with regards to the passage of Ordinances 73-C
and 74-C prior to receipt of an opinion requested of the State Attorney General as to whether
or not city owned property should be included when determining the percentage of objections to
a rezoning issue. Concilman Smoak advised that this opinion had now been received and he read
the communication in full wherein the Attorney General, in summary, advised that "City owned
property should be excluded in determining the percentage of owners who object to a rezoning so
as to require a three-fourths vote of the governing body of the city for its passage". In
the case of properties re-zoned by passage of Ordinance No. 74-C, it was consensus of Council
that proof had not been submitted from 20% of the abutting property owners who objected to
the rezoning. Motion was made by Councilman Smoak and seconded by Councilman Schroedel that
if proof is presented that 20% of any property owners as described under Section 176.06 of
Florida Statutes that are affected by Ordinances 73-C and 74-C object to such rezoning, that
Council take whatever steps are necessary to repeal these two Ordinances. Upon roll call vote
on passage of the motion, the result was: Ayes: Schroedel and Smoak. Total Ayes: Two.
Nayes: Smith and Beals. Total Nayes: Two. Absent: Watson. The motion failed to carry.
Councilman Smoak advised that he felt Council acted illegally in the passage of Ordinances 73-C
and 74-C based on the opinion of the Attorney General and that he would submit proof of the
20% of objecting property owners at next council meeting, and, that in view of this he therefore
moved that a moratorium on the issuance of any building permits for the areas affected in
Ordinances 73-C and 74-C be placed until such time as the matter has been totally resolved.
The motion was seconded by Councilman Schroedel and upon roll call vote on passage of the motion,
the result was: Ayes: Schroedel, Smith and Smoak. Total Ayes: Three. Nayes: Beals. Total
Nayes: One. Absent: Watson. The motion carried.
The meeting was adjourned by Mayor Smith.
OiM?...! t~~A~ C~1l1dJ