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07-27-2010 Regular Meeting City of Clermont ' MINUTES REGULAR COUNCIL MEETING July 27, 2010 The Clermont City Council met in a regular meeting on Tuesday, July 27, 2010 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of July 13, 2010. Council Member Goodgame moved to approve the minutes of July 13, 2010 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street, thanked everyone for their condolences. REPORTS City Manager Saunders announced the Budget Public Hearing dates will be held on September 8 and September 16 at 7:00pm. City Attorney Mantzaris — No Report Assistant City Manager Gray provided an update on the beach opening. The Lake County Health Department conducted a visibility test and found only 2 feet of visibility. In order to open the beach, they are requiring two lifeguards on duty at all times while the beach is open. The State is backing this decision however we could go through an administrative appeal hearing. Mr. Gray requested direction from the Council on how to proceed. Lake Louisa is also closed because of visibility and water conditions. Mayor Turville suggested staff research scenarios and return to Council in 2 weeks. Council Member Mullins requested a scenario include a splash park. Assistant City Manager Gray commented on the matching Federal Grant awarded 4 months ago for Inland Groves from the State for $107,000. They are requesting a modified plan and a match of $107,000. The modification includes moving the dog park on the southern half also a covered picnic pavilion, restroom and parking on that side of the property. The community meetings will begin in the coming months. Council Member Hogan — No Report Council Member Goodgame reported an increase in revenue for the Tourism Board from June 2009 to June 2010 however it is a decrease from June 2008. The board is discussing raising the tourism tax from 4 to 5 percent. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2010 Council Member Mullins — No Report Council Member Thompson - No Report Mayor Turville — No Report UNFINISHED BUSINESS Ordinance 2010-08C Final Hearing Mayor Turville read Ordinance 2010 -08C by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for Local Vendor Preference for Lake County individuals, firms or companies with regard to the procurement of products, materials and services by the City of Clermont; providing that qualified local vendors shall in certain instances be provided an opportunity to match the lowest price bid and be awarded the contract at the lowest amount if the local vendor is otherwise fully qualified to meet city requirements; providing that all other provisions of the City's Purchasing Policy and Applicable Law shall remain in effect and apply to and govern purchases by the City; providing for severability, conflict, effective date and automatic repeal. City Manager Saunders explained if the low bidder is not located in Lake County and the second low bidder is located in Lake County, then the second low bidder will be given the opportunity to snatch the low bid. The definition of local is Lake County. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame preferred to make it applicable to only South Lake County. Council Member Goodgame moved to make the preference for South Lake County; seconded by Council Member Hogan. Mayor Turville noted the Council will continue discussion at the end of the meeting as it relates to this ordinance. Resolution 2010 -11 South Lake Montessori School Mayor Turville read Resolution 2010 -11 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit to allow a school expansion in the R -3 Residential /Professional Zoning District. Curt Henschel, Principal Planner, provided the staff report. Staff recommended approval of the request for a Conditional Use Permit amendment. The request is to allow a 1,200 square foot expansion to the existing school facility on this R -3 zoned parcel. He further noted the missing landscaping and shrubs have been replaced. Also, they are permitted to have a 5 foot buffer along the east side. 2 City of Cleniao . MINUTES REGULAR COUNCIL MEETING July 27, 2010 Applicant, Jan Sheldon, stated she met with the City and was told there were no violations. She requested the number of children allotted to be determined by the governing body of the school and the Fire Department. Mayor Turville opened the public hearing. Charles Forth, 939 W. Desoto Street, provided historical information on this property and spoke in opposition to the request. Charlene Forth, 939 W. Desoto Street, was not in favor of the request. She read a letter aloud from Mr. Madden in opposition to the expansion of the school. Ms. Forth also read a letter from Pamela Barber aloud opposing the request. Ms. Julia, 3290 Magnolia Petal Court, supported the request. Cuqui Whitehead, 837 5 Street, supported the request. Ms. Judy Debatisto, 12 Street, spoke in favor of the request. Ms. Tonya Denmark, 1431 14 Street, supported the request. Ms. Matthews supported the request as a parent of a child who attends the school. Ms. Sheldon responded to the comments. Mayor Turville closed the public hearing. City Manager Saunders stated the site plans submitted at this point for a CUP are not the final engineered plans. They have not been approved for construction and will have to submit detailed site plans. The site review committee will review the details. As it relates to the number of children, the number of students can be regulated under section 1 number 11 of the Conditional Use Permit. Council Member Hogan moved for approval of Resolution 2010 -11 South Lake Montessori School; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". NEW BUSINESS Jan Sheldon/Nancy Allison Assistant City Manager Gray noted the Council heard this request at a workshop and requested staff to place this on an agenda for consideration. It is a request to reconsider the no parking signs on Desoto Street a few times each year for school events. Charlene Forth spoke in opposition to the request. Charles Forth also expressed opposition. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING • July 27, 2010 Tracy McCoy, Teacher at Montessori School, supported the request. Jan Sheldon, Montessori School, requested approval for street parking between 10 Street and West Avenue. The request is for 4 to 6 times per year for 2 to 3 hours. Nancy Allison, Magic Moments, requested 8 hours per year to park on the street. Mayor Turville closed the public hearing. Council Member Mullins moved to allow staff to issue temporary parking_permits in areas throughout the city to include bagging the no parking signs and cones to prevent people from parking in front of driveways and mailboxes. Staff shall issue permits no more than 6 times per year per business; seconded by Council Member Goodgame. Council Member Mullins also included no more than 6 hours per day; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". The next two items were heard together and voted on separately. Resolution 2010 -14 First Baptist Church Mayor Turville read Resolution 2010 -14 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church recreational use in the R -1 Low Density Residential Zoning District. Variance Request First Baptist Church Planner Henschel provided a staff report on the Conditional Use Permit and the variance request. Staff recommended approval of the CUP request and denial of the variance requests. Rick McCoy was present on behalf of the applicant. He was available for questions. Mayor Turville opened the public hearing. Ben Bond, Senior Pastor of First Baptist Church requested approval. A resident of Hartwood Pines requested concrete parking. Mary Kosh, Hartwood Pines, expressed concern with traffic and requested paved parking. Rick Van Wagner supported the request. Cuqui Whitehead, 837 5 Street, expressed concerns with noise. Mayor Turville closed the public hearing. The City Council and Mayor Turville expressed concern with the request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2010 Council Member Goodgame moved to table to August 24; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Millage Rate City Manager Saunders advised Council the City is required to provide the proposed millage rate to the Tax Collectors Office by the end of July. This rate will be advertised on the TRIM notice and mailed to all property owners. The City Council will adopt the millage rate at the September 16 special meeting. The Council can adopt a rate selected tonight or a rate below that but cannot increase the rate. The rate of 3.6236 was discussed at the budget workshop as suggested by staff. The current rate is 3.142 and the actual roll back rate is 3.7338. The proposed budget is based on 3.6236. • Mayor Turville opened the public hearing. Cuqui Whitehead requested a lower rate. • Wally Herda requested the millage rate remain the same. Mayor Turville closed the public hearing. Council Member Goodgame suggested increasing above the staff recommendation. Council Member Mullins suggested advertising the rate of 3.6236 and draw funds out of reserves if necessary. Council Member Thompson supported the rate of 3.729. Council Member Thompson moved to advertise the rate of 3:7290 for the two hearings on the City of Clermont millage rate; seconded by Council Member Goodgame. Mayor Turville disagreed with the proposed motion. Council Member Mullins suggested advertising the rate of 3.6236 as recommended by staff. The motion passed 3 to 2 with Council Member Mullins and Mayor Turville opposing. City Manager Saunders requested Council approve the Special meeting dates to be held on September 8 and September 16 at 7:OOpm to approve the millage. Council Member Hogan made the motion; seconded by Council Member Thompson. The motion passed with all members present voting "aye ". 5 City of Clermont MINUTES REGULAR COUNCIL MEETING July 27, 2010 Park and Recreation Fees City Manager Saunders 'noted the maximum number of teams the city can handle is 5 teams per field. There are approximately 50 teams for Little League. The issue is how to deal with it once we surpass that number. He suggested a policy that city kids are given first preference for registration then Utility Service Area kids then Non -City and Non - Utility Service Area kids would be the last to register. The second issue is the amount paid as non city residents. The city currently charges a $50 non - resident fee. Lake County has refunded the non city residents $25. Mr. Saunders suggested reviewing the non - resident fee. Council Member Mullins suggested the Little League split the district with the Minneola field. Mayor Turville requested additional information and asked staff to return to Council. Council Member Goodgame moved to table to August 24; seconded by Council Member Thompson. The motion passed with all members present voting "ave ". Ordinance 2010 -08C Discussion continued with defining the local area as South of Township 19 south to Polk County line to Sumter County line to Orange County line. City Attorney Mantzaris Dan revised the ordinance to include south Lake County and added language in section 2 on page 3 South Lake County shall be defined as that area set forth and described in exhibit A attached hereto and incorporated herein. Exhibit A will be the map and will be attached to the ordinance. Council Member Goodgame so moved as stated by the City Attorney; seconded by Council Member Hogan. The motion passed 5 to 0 on a roll call vote. • Council Member Thompson suggested placing a time limit on public comments. Council Member Thompson moved to institute a 3 minute time limit on public comments and a 5 minute time limit on agenda items; seconded by Council Member Goodgame. The motion passed 3 to 2 with Council Member Mullins and Mayor Turville opposing. ADJOURN: With no further comments, this meeting was adjourned at 10:19pm APPROVED: I cold S. Turville, Mayor AT.TE t T: ft Tracy Ac oyd, City C • rk 6