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04-22-1975 Regular Meeting . e e . MINUTES NQ 1139 REGULAR MEETI NG A Regular Meeting of the City Council of the City of Clermont, Florida was held in the Council Chambers on Tuesday, April 22, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, ~r. with the following members present: Councilmen Byrd, Blackburnt Oswalt and Schroedel. Other officials present were: City Attorney Baird, City Manager Hopkins, City Clerk Carroll . and Director of Community Services Smythe. Others present were: Mrs. Sallie Benson and the Messrs. Czech and Sargent. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meeting held on April 15, 1975 were approved as written. Mrs. Leroy Benson appeared before Council and requested a Variance in setback requirements in order to construct a driveway and later on, a garage, on her property located at 568 East Juniata Street (Lot 16 in Block 1 of Woodlawn Subdivision). Mrs. Benson was advised of a required routine to follow in re- questing a variance in order that such a request might be advertised and all pertinent information compiled prior to consideration by Council. City Manager Hopkins reported as follows: That in response to request of Council to solicit help from the Florida Marine Patrol with regards excessive and hazardous speed of high powered boats on local lakes, more specifically, Lake Minneola, he had been advised one of their boarding officers would be in this area to investigate this matter on Sunday, April 27th; That with regards Council's request that local Attorneys be contacted as to their interest in serving as Public Defender in the Municipal Court, he had had no response. He further reported there was a pending case in Municipal Court wherein the defendant has requested to be represented by a Public Defender. Councilman Byrd was appointed by Mayor Smoak to again contact the local attorneys and inquire of their willingness to serve at least in an interim period, on a rotating basis. Upon inquiry as to normal remuneration paid to public defenders and who was responsible for determing whether or not a defendant was indigent and eligible for a public defender, it was the recommendation of City Attorney Baird that Council adopt a policy guideline for such matters. City Attorney Baird agreed to obtain pertinent criteria for such a policy from the Lake County Legal Aid Society for Council's consideration. Upon being advised by Controller Fleming that a financial report for the first six months business of this fiscal year had been completed, it was the suggestion of Mayor Smoak that a general discussion of the budget be held at the next regular meeting of Council. It was still further the suggestion of Mayor Smoak, that this would be an ideal time to remove the spoHs at the outfall6f storm.drains:-on Sunset and Center Lakes inasmuch as the water levels were extremely low, and the overburden could be used beneficially in other areas of the city. Motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried, that the bills be paid. Mayor Smoak reported briefly on the League of Cities meeting held recently, and that upon being advised by the Speaker of the Evening, Mri.. Crowell of the State Department of Community Services-Division of Technical Assistance, that model charters as prepared by them were available to municipalities, he had ordered seven copies in order that they might be utilized by the Council's Charter Revision Committee. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF . e e . MINUTES NQ 1140 OSCEOLA STREET DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES l7-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION:and the ORDINANCE was read for a first reading by Mayor Smoak, by title only. Mayor Smoak announced the final order of business to be a Public Hearing to consider request of Donald Bloebaum for a change of zoning from R1A to C-2 on property owned by him consisting of approximately 8 acres in Section 29-22-26. There was some concern expressed as to whether or not a zoning change as requested would accommo- Mate Mr. Bloebaum's intentions for the property, and he was not present to respond. City Manager Hopkins advised that this property in question prior to annexation to the city, was zoned Cl in the County and that D & D Truck Brokers located here were at that time considered non-conforming uses by the County.and even with the proposed zoning change by the city, would remain as non-conforming, however the fruit stand of D & D would be a permitted use under the County Zoning and he would suspect would also be a permitted use under C-2 zoning. City Attorney Baird advised that only the request as made and advertised could be considered, and any desire for change to it would constitute a new and separate request and subsequent advertising. There was no one present who voiced objection to the request, whereupon motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that the request be granted. Considerable discussion followed regarding the entire parcel annexed to the city in 1972 and which presently consists of numerous zoning designations as a result of Council action from individual requests made. It was the firm conviction of Mayor Smoak that Council, in conjunc- tion with the Planning and Zoning Commission, holds the responsibility to plan and to zone property within the city to its highest and best use in relationship to the way they want the entire area to develop, and he felt that an over-all growth pattern for this area should be developed rather than to continue to grant individual requests, and particularly for this area inasmuch as it remains the only area in which the city may expand. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously carried that Council adopt a policy recommending planning and zoning for this area, and, that the Planning and Zoning Commission be requested to submit to Council any recommendations which they might have regarding the matter. MayorSmoak inquired of Jack Sargent, Clermont's representative to the Lake Apopka Natural Gas District, as to when he would be prepared to report on the District to Council, and he replied he would have one ready by the second regular meeting in May. Mayor Smoak adjourned the meeting at 8:30 P. M. Claur;!{ ~or !{bit",,",.) j --' ~4.-~ Dolores W. Carroll, City C erk