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05-28-1991 Regular Meeting• • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1991 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 28, 1991 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee, Council Member Cole, and Council Member Norquist. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Brandt. Planning Director Harker was absent. INVOCATION The Invocation was offered by Mayor Pro Tem Turville followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held May 14, 1991 were approved as presented. REPORTS CITY MANAGER SAIINDERS' REPORT City Manager Saunders requested Council authorization to advertise for an administrator for the City's Community Development Block Grant. Mr. Saunders then explained the duties of the administrator in detail. After a brief discussion of the grant, A MOTION WAS MADE BY COUNCIL 91-089 MEMBER NOROUIST. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED AUTHORIZING MR. SAUNDERS TO ADVERTISE FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATOR. Council Member Cole question the timetable for work to begin under the grant, and City Manager Saunders stated that it would probably be the end of the year before any work began. PALATLARAHA RECREATION AREA FENCE It was explained that children utilizing the park were cutting through private property on the north side of the park to go to the Emerald Lakes Shopping Plaza and a chain link fence was needed along the north side of the park property to prevent this. Total cost of the fence would be approximately $3,500 with $1,500 being the share of the cost associated with the Thomas property. However, Bill Thomas would like to erect a stucco wall around his property and be .reimbursed in the amount equal to his share for the chain link fence or the $1,500. 91-090 After a brief discussion of the problem and request, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ERECT A CHAIN LINK FENCE ALONG THE NORTH SIDE OF THE PARR PROPERTY EXCEPT ALONG THE THOMAS PROPERTY WHERE A STUCCO WALL WILL BE ERECTED BY MR. THOMAS WITH THE $1,500 REIMBURSED BY THE CITY. • CITYOF CLEIiMONT MINUTES .7 REGULAR COUNCIL MEETING MAY 28, 1991 PAGE -2- APPOINTMENTS TO THE CLERMONT BEAUTIFICATION COMMITTEE City Manager Saunders reported he had received requests from Ross McCardle and Nancy Davis for appointments to the Clermont Beautification Committee. Mayor Pool then appointed Ross McCardle and Nancy Davis to the committee and thanked them for their support and interest in the City. MAYOR POOL'8 REPORT Mayor Pool stated that he had received correspondence concerning requesting support of SB 891 concerning cancer screening. After a brief discussion, it was the consensus of Council that more information was needed concerning the Bill before support could be given. PALATLARAHA RECREATION AREA PLAYGROUND SITE Mayor Pool stated that it had been brought to his attention by Dan Bergevin, the architect who is designing the children's playground for Park Pals, Inc., that the site for the playground should be shaded, and if this is the case, the site initially chosen for the playground would need to be changed. Much discussion ensued concerning the possible locations for the playground and the benefits of each. It was the consensus of Council that the choice of sites was not etched in stone, and that the 100' x 100' space needed could be changed. COUNCIL WORKSHOP City Manager Saunders stated that he would like to hold a Council Workshop to discuss this and other matters and it was the consensus of Council to hold the Workshop on Tuesday, June 4, 1991 at 5:30 p.m. The Council will meet at the west end of the park to look over sites for the playground. PARR PALS, INC. - FOOD VENDING REQUEST FOR JAYCEE BEACH It was also discussed that Park Pals, Inc. in an effort to raise money for the children's playground had received permission to use the Lions Club trailer to set up a vending operation at Jaycee Beach with all proceeds going to the organization. They have requested permission to operate on weekends from June 15, 1991 through Labor Day. City Manager Saunders then asked for Council direction concerning this request and advertising for proposals for vendors to operate a portable food concession at Jaycee Beach. 91-091 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER DIIPEE AND UNANIMOUSLY CARRIED NOT TO ADVERTISE FOR VENDORS AT JAYCEE BEACH THIS YEAR AND TO ALLOW PARR PALS INC. TO OPERATE AT THE BEACH ON SATURDAYS AND SUNDAYS OR MORE IF THEY CHOOSE FROM JIINE 15 1991 • ~ • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1991 PAGE -4- THROUGH SEPTEMBER 2, 1991 (LABOR DAY). AUGIISTO C. RODRIGUEZ - VARIANCE REQIIEST TO SETBACK REQUIREMENTS FOR A LAKEFRONT DECK AT 1621 LAKE AVENGE City Manager Saunders explained that the applicant was requesting a variance to the front and side yard setback requirements for a lakefront deck at 1621 Lake Avenue, which is located north of the intersection of Lakeshore Drive and Lake Avenue and is on Lake Winona. Mr. Rodriguez bought a thirteen foot nine inch lakefront strip from an upland property owner and constructed a lakefront deck without any permits. Mr. Saunders continued to explain that the deck was built with a seven foot setback from Lake Avenue where twenty-five feet are required and it has a one foot nine inch and a two foot side yard setback where ten feet of side yard setback are required under Section 5-20 of our Code of Ordinances regarding riparian structures. It was also pointed out in the discussion that the structure was built on dry ground at this point, however, it does extend into the ordinary high water area. Mr. and Mrs. Rodriguez then appeared before Council and stated that they did contact the City and were told he did not need a building permit for construction of the deck. Mr. Saunders stated that the Planning Department had no recollection of any calls regarding their site, and if they had, they certainly would have given him the information that a building permit was needed. The Rodriguez's outlined all of the work they did and concluded by stating that they believed the structure and subsequent clean up of the site did nothing but enhance the lakefront. City Manager Saunders stated that the City received two phone calls from area residents in opposition to any variance for this structure and one letter, stating no opposition. He also stated that Staff was recommending denial of the variance request and asking for immediate removal of the deck. Mayor Pool called for comments from those present. Mr. Richard Scott and Mrs. Scott appeared before Council and expressed their opposition to the request. Mr. Scott stated that he owned the adjacent 54' of lakefront property and the deck was constructed two feet from his property line. He stated that he could not build a deck on his 54' of property because of the setback requirements. He stated he opposed granting of the variance because it would send signals to others that it was alright to buy small parcels of lakefront property and build on them. After considerable discussion of the setback requirements and what 91-092 happened on the site, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER COLE AND IINANIMOUSLY CARRIED TO DENY THE VARIANCE REQUEST. • CITY OF CLERMONT MINUTES • REGULAR COUNCIL MEETING MAY 28, 1991 PAGE -4- REN NORQUIST - RESOLUTION ~716~ REQUEST FOR AN AMENDMENT TO ESISTING CONDITIONAL USE PERMIT TO ALLOW PLACEMENT OF A TRAIN CABOOSE AT DEPOT SITE FOR OFFICE USE - 490 WEST AVENUE It was explained that Mr. Norquist was unable to attend the Planning and Zoning Commission Meeting due to a Council Workshop conflict on the same night, and because he was not there, the Planning and Zoning Commission tabled any action on the request. City Attorney Baird advised that the request should go back before the Planning and Zoning Commission before any Council action is taken. 91-093 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO TABLE DISCUSSION OF THE REOUEST UNTIL AFTER A RECOMMENDATION IS MADE BY THE PLANNING AND ZONING COMMISSION. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 271-C - IMPACT FEES It was explained that this was the public hearing for the Impact Fee Ordinance and the Staff was recommending approval of the ordinance at this meeting. Tom Jackson, the City's Consultant from Reynolds, Smith and Hills, Inc., the company who prepared the impact fees for the City, was present to answer any questions from those present. Mr. Jackson stated that the new impact fees would maintain the City's current level of services. Mayor Pool called for comments from those present. Ed Ivey questioned the Parks and Recreation impact fee with regard to the fact the money could not be used to maintain existing or future parks. He asked where the money was kept and what happened to it if it was not used. It was explained by that the money was placed in the General Fund and as new people moved into the City and additional recreational facilities were warranted, they would be built. It was explained that there is a provision in the ordinance that the City must spend the money within eight years, and if it is not spent, it is refunded. It was further explained that when the City's Growth Management Plan is in place, the level of service standards can be amended, as well as the impact fees adjusted up or down. 91-094 There being no further questions or discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER.DUPEE AND UNANIMOIISLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 271-C WHICH WILL BE COME EFFECTIVE IMMEDIATELY. NEW BUSINESS RESOLUTION #717 - NATIONAL SAFE BOATING WEER Mayor Pool explained that this resolution affirmed the position of various agencies, such as the Coast Guard, the Fish and Game • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1991 PAGE -5- Commission and others who are supporting the week of June 2nd through the 8th as NATIONAL SAFE BOATING WEER. Mayor Pool then read the resolution by title only and confirmed the declaration to bring attention to the importance of boating safety on the rivers and lakes of Clermont. 91-095 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE. BECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED ADOPTING RESOLUTION #717 DECLARING THE WEER OF JUNE 2 THROUGH JUNE 8. 1991 AS NATIONAL SAFE BOATING WEER IN CLERMONT. RESOLUTION #713 - PROVIDING FOR A PUBLIC HEARING ON THE PROPRIETY AND ADVISABILITY OF HARING IMPROVEMENTS TO DISSTON AVENUE City Manager Saunders explained that Resolution #713 provided the second step in the process to finalize the Disston Avenue Special Assessment Project, and that the resolution makes provisions for a public hearing for the special assessments which will be held June 11, 1991. 91-096 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #713 SETTING A PUBLIC HEARING FOR THE DISSTON AVENUE SPECIAL ASSESSMENT PROJECT F_OR JUNE 11. 1991. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODIICTION OF ORDINANCE 272-C It was explained that this ordinance will repeal those sections of our Subdivision Code which require the 5$ dedication of land for recreational purposes, and that the sections should be repealed, due to the adoption of the impact fee for recreation facilities. 91-097 A_ MOTION WAS MADE BY COUNCIL MEMBER NOROUIST AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 272-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. The final reading of the ordinance will occur June 11, 1991. GRANT AGREEMENT It was explained that the agreement was with the Florida Department of Natural Resources for the grant for the Phase II Development of the park, which will include the picnic area, picnic pavilion, boardwalk, completion o.f the jogging/bicycle trail around the perimeter of the site, playground area, restroom facilities and additional parking. It was further explained that this is a 75~ - 25$ matching grant in the amount of $112,500 with the City~s matching share being $37,500. 91-098 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES IN THE AMOUNT OF $112.500. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1991 PAGE -6- YMCA LEASE AGREEMENT City Manager Saunders explained that the YMCA was requesting to exercise their final option and renew their lease in the amount of $101 per month for the city-owned building at 630 West Desoto Street. 91-099 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE. SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED TO RENEW THE YMCA'S LEASE FOR THE CITY-OWNED BIIILDING LOCATED AT 630 WEST DESOTO STREET FOR A ONE YEAR PERIOD AT $101 PER MONTH. SURPLIIB EQUIPMENT City Manager Saunders stated that there was no surplus equipment to take to the Leesburg Auction this year. It was reported that the old patrol car which was scheduled to be taken to the auction was being utilized for parts for another patrol vehicle and would not be declared surplus. There being no further business or discussion, the meeting adjourned at 9:00 p.m. Robert A. Pool, Mayor Attest: p E. Van le, City Clerk