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.
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CITYOF CLEIiMONT
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REGULAR COUNCIL MEETING
MAY 28, 1991
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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
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CITYOF CLERMONT
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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.
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CITY OF CLERMONT
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REGULAR COUNCIL MEETING
MAY 28, 1991
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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
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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