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City councilors approve dock ordinance on first reading
By BOB McCLURE
| Article published on Tuesday, Nov. 20, 2007 |
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SEMINOLE – After months of discussion and revisions, it appears the city may have a dock ordinance ready for final approval.
With Councilor Dan Hester absent due to illness, the City Council voted 6-0 on first reading Nov. 13 in favor of an ordinance permitting the construction of docks by homeowners living on city-owned Lake Kersey, Blossom Lake and any future city-owned submerged lands.
The ordinance creates an addition to the city codes that governs the size and location of private docks on city-owned lakes.
It specifies:
• Only one dock per lot of private property.
• A maximum size of 192 square feet or 16 feet in length.
• Docks shall meet the required side yard setbacks for the zoning district of the residential area.
• Applicants must sign an indemnity and hold harmless agreement prior to the city issuing a building permit.
Councilor Peter Hofstra requested a clause be added giving the city an easement for future maintenance inspections, which City Manager Frank Edmunds said would be addressed.
“Municipal code currently allows inspectors to enter private property for inspections,” said Edmunds, “but that’s an omission we will include in the final draft.”
A final public hearing and vote on the ordinance is tentatively set for Nov. 27.
Under the current proposal, the city would retain ownership of the lake and maintain the lake. Cost of the maintenance would be passed on to the homeowners.
Earlier this year, councilors considered a submerged land lease that would have allowed homeowners to construct docks on the two lakes. However, in a surprise move July 24 with three councilors absent, the City Council voted 4-0 to ditch the lease ordinance.
An Aug. 28 workshop was prompted when Mike Cheer, a homeowner on Lake Kersey who has applied for a dock permit, delivered a petition from 28 neighborhood residents stating their support for a proposed submerged land lease.
Hester emphasized his concern over a public lake being used for private purposes. He said nobody with the exception of a small community (that live on Lake Kersey) has access to the “taxpayer-funded lake.”
Hofstra said he disagreed with Hester and said it’s a good idea to return the lake to the property owners.
Mayor Jimmy Johnson said the needs of the neighborhood’s residents was important to consider.
Meanwhile, Councilor Patricia Hartstein suggested bringing back the original lease proposal, as did Vice Mayor Thomas Barnhorn, who suggested a few changes.
His updates included clauses indemnifying and holding the city harmless from liability. It would have required lessees to have $1 million in liability coverage and posting a “no diving or jumping” sign.
However, the requirement for liability coverage died when homeowners noted the lack of availability for such policies.
Councilor John Counts suggested selling to homeowners an amount of submerged land necessary for building a dock but that concept also died due to a lack of support from homeowners.
When the city took possession of the two lakes in 1988 as part of an annexation of the Blossom Lake subdivision, Lake Kersey was in bad shape and needed help that the homeowners couldn’t provide. The city purchased a $4,000 aerator and has provided electricity to operate it for about $60 a month.
Blossom Lake, located off the Pinellas Trail east of Seminole Boulevard, is now home to one of the city’s three parks. It includes playgrounds, a fitness trail, basketball court, general purpose athletic field and picnic gazebos.
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Article published on Tuesday, Nov. 20, 2007
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