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05.11.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 CALL TO ORDER The City Council met in a regular meeting on Tuesday, May 11, 2021 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Pines, Entsuah, Bates, and Purvis. Other City officials present were Interim City Manager Dauderis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Pastor Marc Milan of Real Life Church followed by the Pledge of Allegiance. PRESENTATIONS Legislative Update — Chris Carmody Chris Carmody, City Lobbyist — Mr. Carmody made his presentation via a PowerPoint. • Legislative session wrapped up on time this year. • The Capitol will be fully opened dealing with gaming compact. • Legislative Victories o Expansion of funding for flooding mitigation. o Expansion of Tourism Development Dollars o Restrictions on Building designs o Central Florida Expressway language correction. Changed from "Consent from FDOT" to "Consult with FDOT" for roadway expansion projects. o Enforcement of Online Sales Tax placed on retailer and not consumer. Will be used to first replenish the State Unemployment Fund and then to offset taxes on brick and mortar businesses. o Documentary Stamp Tax. Will be sued for flood mitigation and water quality. • Legislative Losses o Impact Fee Caps. It is unclear if the governor will sign the bill. The Legislature feels that some local governments are getting out of hand with raising impact fees so they are limiting when and how often a government can increase the fees. This is a tough bill for local governments to swallow. o Home Based Businesses. People move into a neighborhood and expect it to be a neighborhood, not a commercial area. There had been conversations towards balance, and the municipal lobbyists did get some concessions; one being that local governments can still regulate parking. • Appropriations o Public Services Building — Funded by legislature o Wastewater Plant Expansion — Funded by legislature • Legal Advertising Requirement changes Council Member Purvis thanked Mr. Carmody for his in person appearance and relayed that the Council appreciates his efforts. He also asked for clarification regarding his statements on Representative Sabatini. Mr. Carmody stated that Representative Sabatini had stated that he would not be submitting any appropriation bills. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Council Member Purvis asked with all the new funding sources if there was money available to relocate infrastructure on a road needing expansion widening. Mr. Carmody replied that the short answer is yes. He stated they have a good relationship with the Department of Economic Opportunity (DEO). DEO has funds at their disposal and the lobby team can work with city management to explore opportunities. Council Member Bates asked about the home -based business bill. He has concerns with different aspects and wants to make sure the City stays on top of that. Mr. Carmody stated that the sponsors of the bill are very friendly and receptive to cities. Council Member Entsuah asked about unintended consequences and asked if the team has taken a veto strategy to send to the Governor. Mr. Carmody stated that Governor DeSantis is very different from Governor Scott whereas Governor Scott leaned heavily on his staff, Governor DeSantis reads the bills himself and reviews the entire budget himself. Fire De artment Awards Fire Chief Ezell recognized Clermont Firefighters for extraordinary efforts conducted in the line of duty. This is a service award program put in place over a year ago, but this is the first time using this. Normally, these awards would not come before the Council, but Chief Ezell wanted to take the opportunity to showcase what the firefighters have been doing in the field. These recognitions are related to a call that happened on May 3, 2021 at 3:15am. The call was to assist on a structure fire in Lake County. While crews were in route, they received additional information from dispatch that there was a woman and dog living in the house. House was over 50 percent involved in fire. The firefighters went into rescue mode. It was a dangerous procedure. Recognized 13 individuals and 4 awards. Unit Citation Award Battalion Chief Daryl Hyatt Lieutenant Ty Chapel Lieutenant Jason Ness Lieutenant Alan Pun Lieutenant Steve Smith Engineer Brian Davis Engineer Judd Lent Engineer Bruce Mace Engineer Kenny Thompson Firefighter David Dominguez Firefighter Nelson Figueroa Firefighter Ridge Litz Firefighter Jhonthan Munoz Firefighter Dustin Wamsley Life Saving Award Engineer Bruce Mace Firefighter Nelson Figueroa Distinguished Service Medal Engineer Bruce Mace 2 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Firefighter Nelson Figueroa Medal of Valor Lieutenant Steve Smith Engineer Kenny Thompson Firefighter Dustin Wamsley Mayor Murry thanked the Chief on behalf of the Council and residents. He congratulated and thanked the fire department for their dedication to the community. Clermont Youth Council Communications Director Deen recognized the graduating Youth Council members Tyler Irby, Mary Landaberde and Luis Mustafa. Mural Update Development Services Director Curt Henschel provided an update on murals in the City. He explained to the Council that the current sign code addressing murals was adopted in November 2020, and the reason for this presentation was that the City Council requested a six (6) month update. In December 2020, the Council approved three of four mural applications within the Central Business District (CBD). A fifth mural has recently been applied for that will be brought to Council in the next months. He continued that two murals have been painted outside the CBD and staff is reviewing their eligibility for a non -conforming use determination by staff. A third mural has been reviewed by staff and appears to be a sign advertising a business and not an actual mural as contemplated in the mural code. The owner is pursuing a sign variance for this location. Council Member Bates recommended that the murals at the Clermont Fish House and at the Kim's Cabbage Patch be grandfathered since they have been there awhile. The Modern Orthodontists should not be grandfathered as it is new. The Council discussed expanding the mural borders from the CBD to the Community Redevelopment District boundaries which would then encompass the first two murals. The consensus was to keep the boundaries tied to the CBD. The Council discussed switching approval from Council approval to administrative. The consensus was to keep applications coming before the Council. The Council discussed leaving everything as is, but grandfathering in the Clermont Fish House and Kim's Cabbage Patch. The consensus of the Council was to move forward with this option. PROCLAMATIONS Energy Efficiency City Clerk Howe read the proclamation into the record. The proclamation was accepted by Council Member Entsuah. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 World Cultural Diversity Day City Clerk Howe read the proclamation into the record. The proclamation was accepted by Interim City Manager Dauderis. Law Enforcement Month City Clerk Howe read the proclamation into the record. The proclamation was accepted by Police Chief Broadway and Captain McMaster. Election City Clerk Howe read the proclamation into the record. Election qualifying will open on June 7, 2021 at 12-noon and close on June 11, 2021 at 12-noon. PUBLIC COMMENTS Stephen Franklin, 378 12' Street — Asked if the boat ramp workshop will be a discussion open to public. Mayor Murry told him there would be opportunity for public comment. Charlene Forth, 939 W. Desoto Street — She stated she is proud of the Fire Departments. She reported a concern she had about actions at the last Planning & Zoning Commission meeting and freedom of speech. Lavonte Rogers 667 W. Osceola Street — Thanked the Council for their support of the Moonlight Players Theatre. Dani Page, Tuscany Ridge — Stated she was concerned with the World Cultural Diversity Day proclamation. She felt it was offensive and divisive. Chris Ballard, 775 W. Montrose — Told the Council that the downtown parking situation is unbelievably packed. Bill Delaney, 10312 Lake Minneola Shores — Welcomed new council members. Vincent Niemiec, 4569 Barrister Drive, Regency Hills — Informed the Council that Lake County moved the Hartwood Marsh road project from tier 2 to tier 1. REPORTS INTERIM CITY MANAGER REPORT Interim City Manager Dauderis first reviewed changes to the agenda. Agenda Item No. 8 was heard out of order and was considered at this time. Item No. 8 — Ordinance No. 2021-013 — TABLED TO MAY 25, 2021— Disston Duplexes PUD 4 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO TABLE consideration of Ordinance No. 2021-013 until Ma: 25. 2021 made by Council Member Bates. Seconded by Council Member Entsuah. Passed unanimously with all members present voicing aye. Agenda Item No. 9 was heard out of order and was considered at this time. Item No. 9 — Variance Request — DWW Squared — TABLED TO MAY 25, 2021 MOTION TO TABLE consideration of the Variance reguest for DWW Scluared until May 25 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Returning to her report, Interim City Manager Dauderis informed the Council that there will be no workshop on May 18 and that the May 25 Council meeting will be held in the Council Chambers. She concluded her report by highlighting the employee breakfast held last week and giving an update on the City Manager recruitment process. CITY ATTORNEY REPORT City Attorney Mantzaris — • Informed the Council that the City was brought into the lawsuit with VP Development LLC. The City is a defendant in lawsuit and is working through pleadings. He informed the Council that they will have a closed session on it in a few weeks. CITY COUNCIL REPORT Council Member Bates — • Expressed confusion regarding Charlene Forth's statements during public comments. Regarding Ms. Forth's statement, City Attorney Mantzaris informed the Council that he is not aware of what Ms. Forth is referring to. At the Planning & Zoning Commission, he provided general information to the board members as to their roles as it relates to quasi-judicial proceedings and due process. Mayor Murry opened the floor for comments from Ms. Forth. Ms. Forth stated that her concern specifically was when one citizen spoke how a circumstance impacted them, the City Attorney informed the board that the citizen's comments were not pertinent to their decision. Mayor Murry again closed the floor. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Council Member Purvis — • Unable to attend the last MPO meeting. • Inquired as to when the Council is going to have a parking workshop. • Expressed frustration at the diversity day proclamation. Would like to see a come together day. • Spoke to a letter received from Citizen Frey regarding snipe signs. Requested staff return with a proposal to address snipe signs. • Asked the Council to take a vote of no confidence in Mr. Vincent Niemiec as a Planning & Zoning Board member. Regarding the parking workshop, Interim City Manager Dauderis stated that the properties the Council selected are under review and staff will be bringing it back to Council in June. Regarding snipe signs, City Attorney Mantzaris explained that snipe signs are temporary in nature and are located within the city's right-of-way. It is a problem throughout the state. Interim City Manager Dauderis explained that the City has a task force of Parks & Recreation, Clermont Police and Code Enforcement. They are looking into the issue and how best to approach it. They will come back to the Council with a plan. Regarding the vote of no confidence, Council Member Bates agreed that he was very frustrated with Mr. Niemiec regarding the video presentation and stated that it was very unprofessional. He was appalled with the way it happened. Council Member Pines agreed with Council Member Bates stating that applicants coming to the City have to have confidence that they will receive a fair minded assessment. She asserted that what Mr. Niemiec did at the meeting undermined the work of the Planning & Zoning Board. It could be putting the City at risk. Mayor Murry said that the last meeting was contested and full of emotion. He was not in agreement with many of the comments made and felt the video was very misleading. He did say the Mr. Niemiec makes it clear that he is representing himself when speaking and not the Planning & Zoning Board. He is not in favor of removal. The consensus of the Council was disapproval of the actions of Mr. Niemiec, but there was no support for a vote of no confidence. Council Member Entsuah — • "Pig on the Pond" will be held this year. They had four scholarship recipients out of 100 applicants. • Attended the FCA banquet with Mayor Murry. • Attended the "Boots and Bunnies" event for Greater Cancer Foundation. Council Member Pines — No report. Mayor Murry — • Attended the employee appreciation breakfast. Offered congratulations to employees who received awards. Congratulated Interim City Manager Dauderis and staff on a great event. • Attended police department promotion ceremony. • Addressed comments by Council Member Purvis on Diversity Day. Stated the proclamation is about bringing people together. Clermont is a diverse city. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 CONSENT AGENDA Mayor Murry advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1— Plat Approval Item No. 2 — Surplus Request Item No. 3 — Piggyback Agreement Item No. 4 — Piggyback Purchase and Budget Amendment Item No. 5 — Lease Agreement Consider approval of Hartwood Landing Phase 1 Plat — 173 lots Consider declaring end of life inventory as surplus from Parks & Recreation and Information Technology and dispose of in accordance with the Purchasing Policy. Consider request to piggyback the Sarasota County contract with NAFECO of Florida to provide Fire Department Uniforms in the annual budgeted amount of $75,000. Consider piggyback purchase of Florida State contract no. 25100000-19-1 with Duval Ford to purchase one vehicle in the amount of $44,952.75 and a budget amendment in the amount of $55,000 in the Fire Impact Fund. Consider first amendment to the South Lake Chamber of Commerce lease agreement. Item No. 6 — Resolution No. 2021-035R Consider resolution to oppose mining the Green Swamp Prior to approval of the consent agenda, a member of the public requested that Item No. 6 be pulled for further consideration. Council Member Bates also asked that Item No. 1 be pulled for further consideration. MOTION TO APPROVE the consent agenda items 2-5 for May I L 2021 made by Council Member Bates. Seconded bv Council Member Purvis. Passed unanimously with all members present voicing aye. The Council first heard Item No. 6 which was pulled from the agenda. Rick Alt, 10723 Lake Route Drive — Stated he is in favor of the resolution. Informed the Council about the importance of the Green Swamp. MOTION TO APPROVE the consent agenda item no. 6 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing- aye. Regarding the approval of the plat, Council Member Bates stated that this development in the corridor where the City has seen arise in issues and he would like to see something on the record alerting potential buyers to problems in the area specifically traffic on Hartwood Marsh. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 City Attorney Mantzaris stated that it is unfortunately too late in the process for this project to make any kind of meaningful action. It falls on a potential buyer to do their due diligence when purchasing the property. MOTION TO APPROVE the consent agenda item no. 1 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Prior to the consideration of agenda item no. 7, Mayor Murry read a statement regarding the conditions and process of a quasi-judicial hearing. Item No. 7 — Ordinance No. 2021-010 — FINAL — Graff Building AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. The staff presentation was made by Planning Manager John Kruse. The applicant, Mark Graff, is requesting a rezoning to a Planned Unit Development (PUD) to redevelop the subject parcel into a three-story mixed -use project consisting of ten (10) residential apartments and office use. The property is located at 872 W. Minneola Avenue and is approximately 13,500 square feet in size. Each floor in the building will be 4,540 square feet, for a total of 13,620 square feet in the building. The first floor will be office use and common use, such as elevator, electrical rooms, etc. The second and third story will consist of five (5) residential units on each floor, ranging from one -bedroom apartments starting at 600 square feet up to two -bedroom apartments at 944 square feet. The proposed square footage meets the minimum for dwelling unit size in the Central Business District. The applicant is requesting the use of a density bonus in the Central Business District (CBD). The applicant is requesting three (3) additional units through the density bonus over the seven (7) units permitted under the code. According to the Code, bonus density may be awarded to a project based upon successful compliance with one or more of the eight criteria through a Community Benefit Agreement (CBA). The applicant, in his community benefit agreement offer, has agreed to fully contribute to the cost and installation of nine (9) public parking spaces along Minneola Ave. The City's costs for these spaces has been calculated to be $29,286. The nine (9) spaces will not be reserved for the project and will be open to the public. The applicant is also requesting three (3) waivers to the land development code. The waivers include a reduction of five (5) on -site parking spaces, a reduction in the landscape buffer from ten (10) feet to seven (7) feet around the parking area, and the ability to irrigate the landscape from the potable water system. E3 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Staff has reviewed the application and proposed project and determined that the location is suitable for a mixed -use project consisting of residential and office use. The proposed project allows redevelopment of an obsolete structure and site in an urban setting. Staff is able to support the requested waivers and recommends approval of Ordinance 2021-010. The Planning and Zoning Commission recommended 6-1 for approval. Mayor Murry asked if the applicant was present. Mark Graff, 1944 Brantley Circle — Applicant. Mr. Graff gave a brief history of his involvement with the City and his participation in the visioning process. He congratulated the Council on its success at reviving the downtown area through the City's investments. He then told the Council that he has acquired two (2) dilapidated buildings across from the post office, and he is proposing the City's first three (3) story building that is privately funded. He reiterated that he is asking for a waiver as he is five (5) parking spaces short of the requirement. He added that he is able to put four (4) more spaces onto the street. Mr. Graff thanked the Council for their time and encouraged them to recognize the success of their policies and the amount of private investment going into the downtown. During Mr. Graff s presentation, he mentioned that he had met with each of the Council Members. Prior to opening the floor, City Attorney Mantzaris informed the Council that they should each disclose if they did indeed meet with the applicant. Each member of the Council stated that they had either met with Mr. Graff or spoken to him on the phone regarding this project. Mayor Murry opened the floor for comments from the public. Darren Johnson, 1075 W. Lakeshore Drive — Spoke in support of the project. Stated that a long-term parking solution is needed for the downtown. Ronaldo Carmalgo, 1949 Brantley Circle — Spoke in support of the project. Stated that a long-term parking solution is needed for the downtown. David Colby, 3072 St. Croix Avenue - Supports the project in the downtown. Likes that it is mixed use. Stated that a long-term parking solution is needed for the downtown. Meredith Nagel, 1280 Dianna Place — Supports the project. She recently bought a house in downtown because of the development. She pointed out that parking spaces are being lost because of a dumpster requirement. Urged to approve. Chris Ballard, 773 W. Montrose — Indifferent about the project. Concerned about parking and about the overdevelopment of small spaces in this area of downtown. Dani Page, Tuscany Ridge — Indifferent about the project. Concerned about continuity in downtown; she does not feel that a three (3) story fits with current downtown. Asked if this would be affordable housing. Charlene Forth, 939 W. Desoto Street — Not completely against this project. She would prefer a two (2) story. Concerned with parking in the downtown. Paul Gainer, 1375 Briar Haven Lane — Spoke in support of the project. Feels that it is not private developer's responsibility to deal with the parking problems downtown. Tod Howard, 1986 Brantley Circle — Supports the project. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Stephen Franklin, 378 12' Street — Concerned with parking. Has a concern that staff is being too lenient on developers when it comes to parking. Seeing no further comments, Mayor Murry closed the public hearing. Council Member Bates said he supports the project. He has a concern with the third waiver request of potable water for irrigation. Planner Kruse said that the impact is minimal. Council Member Bates asked if Mr. Graff was proposing a dumpster. Mr. Graff said that he put in a dumpster because that was what was required, but the Council should know he loses two (2) parking spaces doing that. Public Services Director Stoney Brunson informed the Council that staff was reviewing solid waste management in the downtown and would be bringing a proposal to a future workshop. After some discussion on dumpsters versus collection cans, City Attorney Mantzaris informed the Council that the ordinance before them does not have a reference related to a dumpster. The dumpster issue was brought up as an ancillary issue and is not a part of the Council's review on this item. Mayor Murry asked if Mr. Graff could lease parking spaces from the post office. City Attorney Mantzaris cautioned that it would be an enforcement issue if they are even able to use the post office parking. MOTION TO APPROVE and adopt Ordinance No. 2021-010 with the understanding that staff will work with the applicant on the dumpster issue so that it may be removed at some point to install two 2 parking spaces. unless staff comes u with a better solution made by Council Member Bates. Seconded by Council Member Entsuah. Passed 510 on roll call vote with all members present voting aye. NEW BUSINESS Mayor Murry recessed the meeting at 9:53pm; Mayor Murry reconvened the meeting at 9:59pm. Item No. 8 — Heard Out of Order - TABLED Item No. 9 — Heard Out of Order - TABLED Item No. 10 — Variance Request —1066 Nathan Ridge Road Planning Manager John Kruse presented the variance request. The applicant is requesting one (1) setback variance in order to allow the expansion of an existing covered lanai with a solid insulated roof ten (10) feet towards the rear property line and twenty two (22) feet along the existing lanai. Under the current code, solid roofs are considered a structure and are required to meet the setbacks for the primary structures. The rear property setback in this subdivision is twenty (20) feet from the rear property line for primary structures. The existing single-family residence with the proposed structure will be located fourteen (14) feet from the rear property line. This would be a six (6) feet intrusion into the rear setback. The addition of this structure will increase the impervious surface area by 3.5 percent, but will still be under the 75 percent permitted for the total lot coverage. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 The applicant has indicated the installation of the insulated solid roof with the screened walls will provide a play area of artificial turf for their children while protecting them from the environment and mosquitos. Staff recognizes the applicant is seeking reasonable use of the property. However, the impervious surface area is increasing, and the installation of the insulated solid roof into the rear property setback may be intrusive to surrounding property owners. After review, staff has determined the application as submitted does not meet a positive finding on all of the five review criteria for a variance. Therefore, staff recommends denial of the variance request. Mayor Murry asked if the applicant was present. John Garcia, 1066 Nathan Ridge Road —Applicant. Mr. Garcia stated he spoke to his neighbors and received support of his request. Mayor Murry opened the floor for comments from the public. Dani Page, Tuscany Ridge - Supported the request. Vincent Niemiec, Regency Hills - Asked if this is a Homeowner's Association (HOA) community and if the applicant had sought HOA approval. Seeing no further comments, Mayor Murry closed the public hearing. In response to the public comments, Mr. Garcia informed the Council that he was told to go to the city first then return to the HOA with the approval. Council Member Bates stated that he would like to have seen an HOA approval. Council Member Entsuah agreed. City Attorney Mantzaris reminded the Council that one of the reasons staff was recommending denial was due to the impact on surrounding property owners. Council Member Purvis informed Mr. Garcia of the process for obtaining a variance. City Attorney Mantzaris informed the Council that the application as presented does not meet the criteria for a variance. He told the Council that they could table their approval to give the applicant time to get his HOA's approval. MOTION TO TABLE consideration of the variance reguest until July 13 2021 made b Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 11— Boat Ramp and Jet Ski Update Parks and Recreation Director Scott Davidoff provided an update on actions taken by the City's administration following the April 20, 2021 workshop on the boat ramp and jet ski challenges. The City has received positive feedback from the boating community. He highlighted several of the changes that had been made including: additional signage, barriers along the shoreline, and that vehicles without trailers are no longer allowed to park at the boat ramp. Regarding enforcement, Director Davidoff informed the Council that the Lake County Sheriff's Office legally has jurisdiction on Lake Minneola, but has entered into a Memorandum of Understanding with the Clermont Police Department (CPD) granting CPD the authority to enforce ordinances upon the waterways. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Upon review, CPD is requesting a marine unit totaling $657,000 to effectively and efficiently enforce the City's laws upon the water. The city is finalizing agreement with Florida Wildlife Commission to install No Wake Zone buoys in designated areas. FWC only approved placement of buoys at the boat ramp and Lake Hiawatha docks. The permit for Lake Hiawatha will not be approved until the new docks are in place mid -summer. Regarding the jet ski challenge, the city is continuing to receive complaints. The majority of boat ramps throughout the state do not provide a beaching area for boats or jet skis. Boat ramps are generally standalone facilities, not adjacent to recreational facilities. Staff has installed barriers and signage to prohibit beaching adjacent to the boat ramp. Some jet ski owners say they need to beach because they cannot carry coolers, chairs, extra fuel and stand up jet skis cannot utilize finger docks. Director Davidoff continued that the City has not prohibited beaching behind the splash pad, at the waterfront pavilion or at Lake Hiawatha dock area. However, the area behind the splash pad and waterfront pavilion has become extremely congested with many jet skis beaching and this is causing hazardous conditions. The City is permitted to restrict any area from beaching along City property, but the City cannot designate a specific area for beaching without getting a land lease agreement from the Florida Department of Environmental Protection. Regarding jet ski commercial operations, staff has observed 5 to 10 commercial operators renting jet skis and boats. The City Attorney has advised staff that if transactions take place offsite without violating rules and regulations, the City can do very little. This is very common throughout the state, but staff has worked to develop procedures to reduce issues and ensure compliance since late March 2021. There has been no real pushback from vendors. Director Davidoff highlighted some provisions of an ordinance that will be coming before the Council at a future meeting regarding enforcement. One of these includes the employment of a code enforcement officer to staff the boat ramp. Mayor Murry asked why the CPD marine unit cannot do the work of the code enforcement officer. Director Davidoff explained that the marine unit will be on the water and the code enforcement officer will be on the land. Mayor Murry opened the floor for comments from the public. Tod Howard, 1986 Brantley Circle — Informed the Council that jet ski owners do not have adequate docking space on the water. Mark Reed, 845 Forest Wood Drive — Owns a stand up jet ski, so he cannot pull up to the dock. He would like to see a load and unloading zone next to the boat ramp. Has a petition for a load and unload zone. Expressed concerns that the City has unpermitted buoys on the waters. Chris Ballard, 1644 Lakeshore Drive — Feels that there needs to be a public docking system, so that people can get off the lake and go into the downtown. Charlene Forth, 939 W. DeSoto Street — Opposed to the hiring of additional code enforcement for the boat ramp. Code Enforcement needs to focus on the City not on the boat ramp. Katie,1838 Great Falls Way — Owner of a jet ski company. Supports a permitting process. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Stephen Franklin, 378 12" Street — Reminded the Council that everyone should be considered equal; both boaters and jet skiers. Carrie Carredy, 11136 Lake Catherine Circle — Parent of a child who rows. Has seen children flipped from the boats. Seeing no further comments, Mayor Murry closed the public hearing. Council Member Pines asked Director Davidoff to explain why the rowing area is not getting a no -wake area. Director Davidoff explained that there is no launching at the rowing area, so FWC will not permit a no -wake area. Council Member Purvis asked for an explanation of the $750,000 for a marine unit. Police Chief Broadway responded that the cost includes the hiring of four (4) new officers and vehicles. A police boat costs approximately $80,000 and the truck to haul it is approximately $60,000. The vast majority of the cost is for personnel. Currently, officers are working on the waterways volunteering for overtime on the weekends and holidays, but this system is not sustainable and there are weekends when there is no coverage. Interim City Manager Dauderis reminded the Council that staff had suggested easing into the program by utilizing the fire boat for now. The Council had a discussion on beaching, barriers, and fees near the boat ramp. Director Davidoff stated that the barriers are not just for jet skis as there are paddlers and kayakers that are also causing hazardous conditions. The Council gave consensus that staff should provide them with an ordinance to review and the issue should come back for their consideration. The Council stated that they want an update from the Police Department in 90 days on how enforcement is going utilizing the resources currently provided. The Council directed that staff should remove the barriers and signage on the west side of the boat ramp area. Council Member Bates asked if there was the possibility of putting in a kayak launch at the rowing area and if that would then allow FWC to grant a permit. Director Davidoff stated that they would have to reach out. Mayor Murry asked staff to review recently acquired properties on the lakeshore to see if relief areas could be provided there as well. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 Item No. 12 — Ordinance No. 2021-014 — INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; AMENDING CHAPTER 70 "WATERWAYS" OF THE CODE OF ORDINANCES, AMENDING ARTICLE I "SPEED LIMITS", SECTION 70-1 "AUTHORITY", SECTION 70-2 "DEFINITIONS", SECTION 70-3 "IDLE SPEED NO WAKE ZONES, SECTION 70-4 "ADOPTION OF SPEED LIMITS" AND SECTION 70- 5 `ENFORCEMENT AND PENALTY"; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO INTRODUCE for future consideration Ordinance No. 2021-014 made b Council Member Bates. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 11, 2021 ADJOURN: With no further comments, this meeting adjourned at 11:27 pm. �. td •EST: Tracy Ackroyd Howe, MMC City Clerk 15 APPROVED: Tim Murry, . ayor