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05-12-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 12, 1998 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Wolfe, Council Member Brown, Council Member Cole and Council Member Norquist. Other City officials present were City Attorney Baird, Planning Director Harker and Finance Director Van Zile and Clerk Beasley. INVOCATION The Invocation was offered by Dr. Joseph Wright followed by the repeating of the Pledge of Allegiance to the Flag by all present. · lVHNUTES The minutes of the regular Council Meeting held April 28, 1998 were approved correcting the motion on page 5 to get recommendations from a hydrologist or linmol- ogist on how to clean up the two lakes rather than hire a hydrologist or limnologist. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that Police Chief Story has received a request from the Lake County Sheriff's Office to help them patrol the lakes from Memorial Day to Labor Day. Currently, the Sheriff's Office has only one boat assigned to the Clermont Chain of Lakes which is too big an area to cover with one boat. They will provide a pontoon boat to be docked at Emerald Lakes. Chief Story indicates that he could do this without any personnel changes or budget changes with an officer assigned on Saturdays and Sundays. A jet ski has also been offered to law enforcement agencies by two manufacturers for $1 a year to help patrol lakes. Chief Story has requested approval to implement the program for this summer. 98-139 A motion was made by Council Member Cole, seconded by Council Member Norquist. and carried unanimously to approve the Police CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 2 Department to join with the Lake Count. Sheriff's Office in a water patrol program .from Memorial Day. to Labor Day. COUNCIL MEMBER WOLF'S REPORT Lincoln Park Task Force Council Member Wolfe reported that Saturday, June 6 at 9:00 a.m. is the ground breaking and clean-up day for the Lincoln Park Recreation Area. He read a letter from Willie Montgomery, Chairman of the Lincoln Park Task Force urging the Council to transfer $90,000 designated in the budget for the new boat ramp to the improvements at Lincoln Park Recreation Area. MAYOR POOL'S REPORT Mayor Pool stated that at a previous Council Meeting the City was declared by someone as being "woefully lacking" in recreational amenities. He found that the level of service for parks and recreation in the surrounding communities is as follows: Tavares= 1.7 acres per 1,000 residents; Eustis=3 acres per 1,000 residents; Mt. Dora=4 acres per 1,000 residents; Leesburg=6 acres per 1,000 residents; Lake County= .92 acres per 1,000 residents, and Clermont= 10 acres per 1,000 residents. The cities and the county need to work together to provide more for the residents. UNFINISHED BUSINESS Proposed Boat Ramp City Manager Satmders stated that the Lake County Commission has reversed their decision to fund a portion of the construction cost of the proposed boat ramp. The Commission had originally approved the Parks & Recreation Advisory Committee's recommendation to grant the City $62,500 for ramp construction. The grant agreement was placed on the County agenda by County Parks & Recreation Director Chuck Pula CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 3 and was rejected by a 4-1 vote of the County Commission. The City is scheduled to appear before the Lake Water Authority later in the month to discuss possible funding. He felt that a discussion of the amount to be requested from Lake Water Authority is appropriate considering the loss of funding from Lake County. He stated the previous amount discussed to be requested from the Water Authority was $140,000. He sugges- ted requesting the entire cost construction of the project from the Water Authority. Mayor Pool opened the public hearing and acknowledged receiving a petition signed by 62 residents opposing the construction of a boat ramp at West Beach area. He explained that the City Council has recommended and requested funding for placing the boat ramp on the Dole-Citrus property. Council Member Cole explained that West Beach is used a great deal for family outings, picnics and fishing and should be maintained as is. Pam Cavender presented a petition with 135 signatures requesting the City to immediately proceed with the construction of a new boat ramp to be located at the Dole-Citrus property and that the City try to obtain any and all available funding from the County and State. Joan Crocker stated she came with a group who live near the West Beach area who do not want the boat ramp at West Beach. She cited traffic congestion, road hazzards, etc. Bobby Pool asked why we lost the grant money from Lake County. Matt Modica stated that the County Commission voted 4-1 against approving the grant agreement. He stated that he had a petition (which was not presented for public record) with about 800 (400 in-City and 400 non-City) signatures which stated "We do not want a marina built on Lake Minneola for any reason, regardless of the advantages planned for it. We do not want a new boat launch facility on the old Dole property. Our Clermont Chain of Lakes is too valuable a resource to risk the adding of more stress to the quality of the water. Do not receive any more marina proposals. Do not start construction on a new boat launch facility. Stop now. We sign the petition to tell you so." CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 4 Matt Modica stated the people were concerned with putting the boat launch on the Dole-Citrus property and would rather have something else put on that property. He stated that he was Chairman of the Save Our Lakes Committee and that committee spent thousands of dollars to have an environmental study by Dr. Chow which showed that the Dole-Citrus property would be a bad location for the boat launch. Council Member Cole asked why the West Beach property is acceptable and the Dole-Citrus property is not acceptable considering how close they were. Mr. Modica explained there was a flushing mechanism and circulation at West Beach. Mayor Pool stated that the May 9 Orlando Sentinel referenced a $150,000 study which found that boats didn't threaten the health of the Butler Chain of Lakes, but the lush, green lakefront lawns (blaming fertilizers). The Florida sun will burn off any gas and residues. He stated the Council must either close the current boat ramp or endanger swimmers, roller bladers, hikers, bikers, and other trail users and it is important that two facilities be separated. There will be only one public boat ramp on the Clermont Chain located on the Crooked River. Renee Jones stated she signed the petition opposing the boat ramp at West Beach. She referenced a map showing a large residential area around West Beach. She stated the boat ramp shouldn't be located in the residential area. She presented pictures showing trash and usage on a light day which showed traffic congestion. Howard Barry stated he signed Mr. Modica's petition because he was against any commercial use on the lakes. He felt the majority of people didn't want any boat ramp and speeding boats and scooters should be restricted from the beach area. Betty Wallace asked if the petition with 800 signatures was out of date. Mayor Pool stated he didn't know the date. Charles Forth suggested the City should take and utilize all of its right-of-ways for its roads during the daytime hours during the weeks. He stated that about 120 vehicles were in the boat launch area the previous Saturday and the roads are inadequate. CIT~ OF CLERMONT MINUTES REGULAR COUNCIL M~ETING MAY 12, 1998 Page 5 Charlene Forth objected to the Butler Chain study in that it was preliminary. She also felt the City should take a good look at the other options. Ann Beater asked to see drawings of the boat ramp. Rick Turner stated the present boat ramp is inadequate and is extremely shallow. If it is located at West Beach, it will be a problem to the residential neighborhood and lake bottom is extremely shallow. If the ramp is located on the Dole property, no residential property will be disturbed by the boaters, and there is a dredge canal that runs the length of the property which is an ideal place for a boat ramp. Evelyn McCammack was concerned with the boat ramp located at West Beach and decreasing property values. Dwayne Eastham was in favor of locating the boat ramp at the Dole-Citrus property. Council Member Wolfe stated that Cypress Cove, Lake Susan and Hull Road offer a total of about 150 wet storage spaces and 70 parking spaces. He stated the City has done a great job in the recreational amenities that are available to City and non-City residents. His concern with the Dole-Citrus property is that it would be a waste of prime property. Four or five of the eight groups in the Visioning Session listed as one of their five top agenda items, either a new community building or cultural arts facility in city. Rusty Buss stated the residents in the West Beach area already experience problems several times a year with the Triathlons. A boat launch would be an additional hardship. Council Member Cole stated there is a main sewer line that runs right through the middle of the Dole-Citrus property and it would cost a significant amount to move it. Ellen Tidwell asked if the present boat ramp could be renovated. Mayor Pool stated that they reviewed all the possibilities and that separating the facilities was the best solution. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 6 Council Member Brown stated he wanted to keep the boat ramp in the present location and move the Rails to Trails to the south. He didn't think the Dole-Citrus property should be used for a boat ramp, but better used as a community center. David West felt the boat ramp and the trail users can function in the present area and he noted that the West Orange Trail has many intersections. He stated that access should be maintained to the present boat ramp until the new ramp is done. Joseph Wright asked where the boat ramp would be located if the City had been unable to purchase the Dole-Citrus property. He suggested improving the present boat ramp. Jeff Biddle suggested that people personally view the problems with the present boat ramp. Paul Bruegger stated the City needs a ramp and requested that the old boat ramp be remodeled and widen the streets to it. Council Member Norquist stated that the boat ramp in its present location or at West Beach will be located in a residential area which is a quality of life concern to the residents of the area. He will not support the boat ramp to be left in its present location because of the safety issue. A boat ramp located on the Dole-Citrus property would be easy to build and use. He stated the issue before the Council which was recommended by the City Manager is to approach the Lake Water Authority to fully fund the construction of the boat ramp. Ann Dupee stated that as a Clermont citizen and tax payer she did not want to see the City in a liability position with boat ramp traffic across the trail. She also stated that national television will be in Clermont at the Waterfront Park filming for the USA National Triathlon event. She stated that if a community building is built on the Dole- Citrus property that will seat 400-500, there will be only one two-lane street into the property which is a logistic nightmare. Mark Cloud stated that it doesn't make sense to request additional funding for the boat ramp with the present disagreement as to where it should be located. 98-1~¥0 98-14~2 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 7 A motion was made by Council Member Wolfe, seconded by Council Member Brown. and defeated two to three with Council Members Norquist and Cole and Mayor Pool voting nay. to request the Lake Water Authori~_ to_fund 100% of the remodeling cost of the present boat ramp. A motion was made by Council Member Cole, seconded by Council Member Norquist. and approved three to two with Council Members Wolfe and Brown voting nay_ to request the Lake Water Authori~_ to fund 100% o_f the construction cost o. fa boat ramp on the Dole-Citrus properS.. Lincoln Park Recreation Area City Manager Saunders stated that the Lincoln Park Task Force is recommending that the new Lincoln Park Recreation Area be officially named William N. McKinney Park. Council Member Cole informed the audience of Mr. McKinney's life in Clermont as a principal of the Lincoln Park High School, educator, and preacher. 98-14;~ A motion was made by Council Member Cole, seconded by Council Member Brown. and carried unanimously tO officially name the Lincoln Park area as the William N. McKinney Park. Council Member Norquist asked that a letter be sent to Mr. McKinney. City Manager Saunders stated that a Proclamation can be prepared. City Manager Saunders stated the City has received a check from the South Lake Foundation in the amount of $45,740 for the Lincoln Park Recreation Area improvements. The Recreation Committee's recommendation to Lake County is to award $15,000. Previously the Council approved $50,000 as matching funds for the County Grant and he recommended appropriating $50,000 of City funds to the William N. McKinney Park. He recommended moving ahead with Phase I of the park. The priority items mentioned in previous meetings of the Park and Recreation Committee and the Lincoln Park Task Force include the softball field, new playground equipment CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 8 in the approximate mount of $20,000, and the picnic pavilion. He also recommended ordering of the lighting for the multi-purpose ballfield from Musko Lighting and proceeding with the design and construction of the multi-purpose field. 98-143 98-144 A motion was made by Council Member Cole, seconded by Council Member Norquist. and carried unanimously to appropriate $50, O00 for Phase I o.f the William N. McKinney Park with $20, O00 for playground equipment, softball fieM lighting.from Musko L~hting. and proceeding with the des~n and construction of the multi-purpose field. A motion was made by Council Member Wolfe to designate an additional $90. O00 from the Recreational Impact Fee fund for the construction of the William N. McKinney Park. The motion died for lack of a second. Mayor Pool handed the gavel to Mayor Pro Tem Norquist. 98-145 A motion was made by Mayor Pool, seconded by Council Member Cole, and carried unanimously to designate $90, O00 from the Recreational Impact Fee fund for construction of William N. Mc/Kinney Park if the l~.ke Water Authori~. funds 100% of the construction of the boat ramp cost. 98-146 A motion was made by Council Member Cole, seconded by Council Member Wolfe. and carried unanimously to approve the purchase of Musko lighting for the Willian N. McKinney Park sofiball fieM. Lennar Homes - Memorandum of Understanding and Development Order Planning Director Harker stated minor modifications are needed to the Development Order and two Conditional Use Permits that were previously approved for Kings Ridge by Lennar Homes. He stated that the Development Order Was reviewed by the Department of Community Affairs and they have requested clarification items which Mr. Harker reviewed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 9 Mayor Pool stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. No one asked to be sworn in. 98-147 98-148 A motion was made by Council Member Norquist, seconded by Council Member Cole. and carried unanimously to approve the modifications to the Development Order for Kings Ridge by Lennar Homes. Planning Director Harker stated that some non-substantial changes are also recommended to the Memorandum of Understanding for the Conditional Use Permits for Kings Ridge. He reviewed the clarifications with the Council. Mayor Pool closed the public hearing. A motion was made by Council Member Wolfe, seconded by Council Member Cole. and carried unanimously to approve the non-substantial changes to the Memorandum o_f Understanding for the Conditional Use Permits for Kings Ridge. NEW BUSINESS Introduction of Ordinance 287-C )8-149 Mayor Pool stated that Ordinance 287-C is for introduction and will amend the parking requirements for the Central Business District. Mayor Pool read Ordinance 287-C by title only and stated that the public hearing will be held on May 26, 1998. A motion was made by Council Member Cole, seconded by Council # Member Norquist. and carried unanimously to introduce Ordinance 287- C__. CITY OF CLERMONT MINIYFES REGULAR COUNCIL MEETING MAY 12, 1998 Page 10 Introduction of Ordinance 346-M Mayor Pool read Ordinance 346-M by title only and stated the ordinance is for introduction only with the public hearing will be held May 26. This will annex approximately 15 acres that lie east of Highway 27 south of Steve's Road for Kathleen Hillary of KMH General Partnership. 150 A motion was made by Council Member Norquist, seconded by Council Member Brown. and carried unanimously to introduce Ordinance 346-M. Introduction of Ordinance 347-M Mayor Pool read Ordinance 347-M by title only and stated the ordinance is for introduction only with the public hearing to be held May 26. This ordinance will rezone the approximate 15 acres annexed in the previous ordinance from U.E. Urban Estate to C-2 Commercial. City Manager Saunders stated that staff's recommendation is C-1 which the property owners have no problem with. City Attorney Baird stated the ordinance can be introduced as C-1 Commercial. 98-~5~ A motion was made by Council Member Brown, seconded by Council Member Cole. and carried unanimously to introduce Ordinance 347-M amended with C-1 Commercial zoning. Introduction of Ordinance 348-M Mayor Pool read Ordinance 348-M by title only and stated the ordinance is for introduction only with the public hearing to be held May 26. The ordinance will annex approximately 180 acres east of Highway 27 south of Hartwood-Marsh Road which generally lies across the street, south of the Kings Ridge development for Lincoln Groves, Inc. City Manager Saunders stated this property has been considered by the Lake County School Board for the site of a new high school. CI1T OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 11 98-152 A motion was made by Council Member Cole. seconded by Council Member Norquist. and carried unanimously to introduce Ordinance 348- M. Introduction of Ordinance 353-M 98-15~.,. 98-15~~ Mayor Pool read Ordinance 353-M by title only and stated it is for introduction only with a public hearing on May 26, 1998. The ordinance will rezone approximately five acres located north of Highway 50 on the west side of Hancock Road from R-R Rural Residential to C-2 Commercial for Chester C. Fosgate & Co. A motion was made by Council Member Cole, seconded by Council Member Wolfe. and carried unanimously to introduce Ordinance 353-M Change Order - Elevated Storage Tank City Manager Saunders requested approval of Change Order #3 for Caldwell Tank for our elevated storage tank. This is a decrease in the contract price of $!,065 which is the cost of installation of a low-level pressure switch that was not installed by Caldwell Tank. Meredith Environmental, which is now doing work for the City, will be installing that switch for the same price. A motion was made by Council Member Wolfe, seconded by Council Member Cole. and carried unanimously to approve Change Order #3for Caldwell Tank for a decrease of $1.065. AUDIENCE COMMENTS Mr. Don Harris stated that in regard to the May 11 Workshop discussion of the Grand Highway name change, the homes located on the west side of Highway 27 have the address of East Grand Highway. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 12, 1998 Page 12 Joe Janusiak stated that a power box on Bloxam and DeSoto should be repaired. Joe Washuta stated he was embarrassed for the inadequate Council Chambers when a large number' of people attend and he scolded the Council for not letting everyone talk as much as they want. There being no further business or discussion, the meeting adjourned at 9:32 p.m. Attest: Robert A. Pool, ~ayor ~ CiVClerk