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02.08.2022 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 CALL TO ORDER The City Council met in a regular meeting on Tuesday, February 8, 2022 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 City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Rocky Guffey of the Central Florida Free Thought Community followed by the Pledge of Allegiance. OPENING COMMENTS City Manager Bulthuis informed the Council that there were some changes to the agenda. Item No. 7 — ORDINANCE NO 2021-032 FINAL — STILLWELL City Manager Bulthuis informed the Council that this item has been withdrawn by the applicant. PUBLIC COMMENTS Dani Page, Inside Clermont — Inquired about the south side of Hooks Street being reevaluated and changed in the Comprehensive Plan with the development called The Vue. With the development being denied and the applicant, Jimmy Crawford, withdrawing their request for the south side of Hooks Street, she inquired whether that has any impact on the changes to Hooks Street. City Attorney Mantzaris stated that the action taken regarding Hooks Street have not changed. Mayor Murry reiterated that the changes will stay. Shauna Vaughn, 473 Blue Cypress Drive - Introduced Koda the Fluff, who is a certified therapy dog with Alliance. Koda is a member of the non-profit called Smiles for Miles and they will be kicking off a creative project in the month of February regarding mental health awareness. Jena McKinstry, 16606 Spring Park Drive — Koda the Fluff is her therapy dog. Ms. McKinstry is seeking approval from Council to hang a 25 x 25ft sign that says "U R LOVED" on the Citrus Tower for two weeks. The Clermont Fire Department and Police Department are on board as well as the owner of the Citrus Tower. This will send a simple message to the community. Gail Tomasini, 4049 Greystone Drive — Spoke in support of the banner that will promote mental health. There is no health without mental health. The topic of mental health is relevant to everyone and the situation in Florida is dire so she hopes to see the banner on the Citrus Tower. Council Member Purvis is against Council being asked at the last minute to make a decision on something that was just presented to them. The owner of the building has not submitted an application for a temporary sign. Perhaps a temporary sign at the entrance to Clermont on city property, but the Citrus Tower is not a billboard and he feels it is not the right location. Council member Purvis expressed that he will not support the temporary sign. Council Member Bates asked where the line is drawn for what signs can be displayed. If you let one do it then it will be a continuous billboard. He likes the idea, but does not feel comfortable for reasons Council Member Purvis stated. City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 Council Member Purvis said he would like to further discuss this topic during the year and come up with a better solution. City Manager Bulthuis read part of our Ordinance regarding banner signs being prohibited except those of a temporary nature which are incidental to a convention, non-profit or non-commercial venture and are approved by the City administrative official. These banners shall not exceed 32 sq. ft. in size. They are requesting a 25 x 25 ft. banner which is larger than allowed. The ordinance also states that the application and site plan must be submitted two weeks prior to the event and the banner has to be placed on private property where the event will take place. There is no event that goes along with the banner and it is larger than the Ordinance allows. Discussion ensued regarding the material of the banner being mesh, when and how the banner would be hung and who would be hanging the banner. The owner of the Citrus Tower did submit an application but was denied based on the size. If the owner were to come back with something smaller and within the limits of the Ordinance, then it was said the application could be processed relatively quickly. Chief Ezell informed the Council that he has personnel trained in high angle evolutions. If Council approved the banner, they could secure it. City Manager Bulthuis stated he would not want city staff to hang the banner because if there were a problem, it could expose the city. City Attorney Mantzaris explained that the Ordinance has two parts, the size of the banner and also that it has to be placed at a site where an event will occur. What they are currently asking for is not permitted under the city's current code. Mayor Murry encouraged Ms. McKinstry to coordinate with city staff to work on ideas and come back to Council. REPORTS CITY MANAGER REPORT City Clerk Howe introduced Deputy City Clerk Wisniewski from the City of Mount Dora. City Manager Bulthuis • Attended the Great Clermont Campout. • Thanked Emily Deal for being the Interim PIO. • Requested the Council to appoint Council Member Purvis to take over the seat on the Tourist Development Council for Council Member Entsuah. • Requested the Council to appoint Council Member Pines to Clermont Main Street. Council Member Bates motioned to apRoint Council Member Purvis to the Tourist Develo ment Council and Council Member Pines to Clermont Main Street; Seconded by Council Member Entsuah. Passed unanimously 5 to 0 with all members present voicing aye. • Attended one of the Concerts and saw the great job that was done by Interim Parks and Recreation Director Dudeck and his staff. • Informed residents that a Comedian will be at the Black Box this coming weekend. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 CITY COUNCIL REPORT Council Member Bates - No report. Council Member Purvis — No report. Council Member Entsuah — • Thanked Council Member Purvis for taking his place on the Tourist Development Council. Council Member Pines — Toured the EVS facility, she learned a lot and thanked staff for the tour. Expressed her excitement to work with Clermont Main Street. Mayor Murry — • Opposition letters to the House Bill previously discussed have gone out but he has not received a response. • Thanked those who came out to the Mayor's lunch at Outback. • Attended the Great Clermont Campout and judged the flying saucer event. Thanked staff. • Toured the Police Department and did a ride along last week. Spent three hours touring the facility. • Attended the first Mayors/Manager meeting in Leesburg on Monday morning with County Commission to discuss future development. Every City Manager and Mayor from all 14 cities in Lake County were invited. It was a productive meeting and suggested to be held quarterly. Thanked Chairman Parks for bringing them all together. Mayor Murry asked Chief Broadway to discuss the traffic campaign. Chief Broadway explained that they started a traffic campaign two or three weeks ago which includes social media information and education awareness. Encouraging people to slow down, wear seatbelts and avoid aggressive driving. Chief Broadway stated they did a video with J. Bryan Miles and the Mayor also did a video for awareness in the community. They have a hashtag #SafetyChampion. Officers are out on the roads addressing drivers who are not obeying the speed limit and driving aggressively. Council Member Purvis asked Chief Broadway if he knew anything about the apparatus that was placed on the center island at the entrance to Kings Ridge on Monday. Chief Broadway stated that it was not done by his department. City Manager Bulthuis said that staff will check into it. 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— Minutes Approval Item No. 2 — Budget Amendment for Master Plan Projects 3 Consider approval of the minutes from the City Council Special Meeting held on January 24, 2022. Consider approval of amended budget for Master Plan Projects & ARPA funds and approval of allocations to fund the construction of the new Public Services Building and Downtown Streetscape Phase 3 project. City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 Item No. 3 — Bid Award and Budget Amendment Item No. 4 — Utility Service Agreement Item No. 5 — Event Road Closure and Open Container Request (Irish Event) Item No. 6 — Event Road Closure and Open Container Request (Country Event) Consider award to Johnson-Laux Construction, LLC. For the construction of a new Public Works Operations Facility in the total amount of $13,591,878 and a budget amendment in the amount of $3,722,184. Consider a Utility Service Agreement for a vacant 5 acre parcel located at Laguna Road and CW Harrell Avenue. Consider approving Suncreek Brewery to host event in downtown Clermont on March 12-13, 2022 with street closures and open container allowance. Consider approving Suncreek Brewery to host event in downtown Clermont on April 30 — May 1, 2022 with street closures and open container allowance. Charlene Forth pulled agenda Items No.5 and 6 for further discussion. Council Member Bates moved to am -rove Consent A ends Items 1-4 for February 8 2022 Seconded by Council Member Pines. Passed unanimous), S — 0 with all members present voicing ave. Items 5 and 6 — Charlene Forth, 939 W. Desoto Street - expressed concern about the outdoor amplified music. Council Member Purvis stated that he met with City Manager Bulthuis and intended to pull these two items for discussion. The way our city has grown; we have pushed and imposed a lifestyle into residential areas. City Manager Bulthuis told him that these outdoor music events will be closely monitored by the city with decibel meters. Council Member Purvis supports these two events knowing the Council will get a report of what was found if the events exceeded decibel levels. Mayor Murry also met with City Manager Bulthuis and was assured these events will be monitored City Manager Bulthuis clarified these items are requesting a special use permit for special events. The special use permits are for asking to close streets, have a concert, and allow open containers within a designated street closure area. They also have to pay for two Police Officers to be at the event. The issue of amplified music is a separate issue in our Ordinance. The city will monitor to make sure it does not get too loud. City Manager Bulthuis went over the different decibel levels allowed in different areas of the city depending on the zoning. At any point if a noise complaint comes in, they can go out and ask people to turn it down. If there are multiple violations, the Police Department lets Code Enforcement know. Tonight's issue is the special use permit. Council member Bates motioned to approve Consent Agenda Items No.5 and 6- Seconded by Council Member Pines. Passed unanimous 5-0 with all members present voidqg jZye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 UNFINISHED BUSINESS Item No. 7 — This item was withdrawn. Item No. 8 — Ordinance No. 2022-001 FINAL — Property Rights Element CPA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ESTABLISHING CHAPTER XIV PROPERTY RIGHTS ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. John Kruse, Planning Manager, presented the adoption hearing on the Property Rights Element that City Council approved the transmittal on November 9, 2021. The transmittal was sent to the state and regional agencies for review and comment. There were nine agencies notified and the City received responses from three state agencies indicating no comment. The Property Rights Element is a new element that is being added to the City's Comprehensive Plan. Staff recommends approval. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Entsuah asked where we are in the process of reviewing the Comprehensive Plan and if this will be affected in that process. John Kruse explained that it will be the last chapter in the Comprehensive Plan and there can be no future plan amendments until this is adopted. Council Member Bates moved to gj2prove Ordinance No. 2022-001 Pro er Ri hts Element CPA • Seconded by Council Member Purvis. The motion passed b roll call vote 5-0. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 Item No. 9 — Ordinance No. 2022-002 FINAL — Wellness Way AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ESTABLISHING AN ADDITIONAL GOAL, OBJECTIVES AND POLICIES FOR WELLNESS WAY; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. City Manager Bulthuis introduced Richard Levey who is a consultant with the City regarding Wellness Way. Wellness Way is an area south of the city and certain properties were annexed a year or two ago. There are two separate parts of this project, Olympus and Wellness Way. Staff has been working with the County for three years on developing a set of standards on how development will happen in that area. In order to accomplish that, we have to amend our Comprehensive Plan. He asked to table the item to talk more about it next Tuesday at the workshop. Richard Levey reviewed a culmination of the process of amending the Comprehensive Plan to expand the potential future of the City and put in place a set of policies and standards that will guide development. Development will be held to a higher standard. Mr. Levey provided background of the project which has brought us to the present. There are three pieces to this project— Implementation Plan, Comprehensive Plan Amendment and Design Guidelines. This property inherited the County's land approval since it was annexed in to the City. The Implementation Plan was accepted by City Council March 2021. The Comprehensive Plan Amendment is the approved/recommended policies and standards. There have been some changes since it was transmitted in November 2021 because FDOT has completed sixty percent of the design for the Lake/Orange Expressway; this revised design has resulted in minor changes. There are also two new policy additions, they are requiring electric be underground and requiring a Wellness Trail around Trout Lake to be built by developers which was endorsed by County Chairman Parks. The amendment has an additional Future Land Use goal which has associated objectives and policies. The initiatives behind this Wellness Way effort are about creating economic opportunities and job creation. While residential is hot now and seems to be the focus and the concern, we cannot lose sight that it has a job and employment component to it. This area will require three Elementary Schools, one Middle School and one High School. The five schools are to support the projected development over the twenty plus year buildout. Land owners and the School Board are working together to make sure the schools are part of this area. They are committing to a process where all Planned Unit Development (PUD) applications have to address the school capacity issues. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 City Manager Bulthuis reiterated that Council will discuss this item at the February 15 workshop and Mr. Levey will be there for any further information Council may need. He stated that this is a big project and they are not rushing through this process. Council Member Pines stated she asked to pull this item to discuss it at a workshop. She believes this allows Council time to ask questions and discuss. Council Member Bates moved to table Ordinance No 2022-002 Wellness Way to Februa 22 2022 • seconded by Council Member Purvis. The motion passed with all members present voting aye. Item No. 10 — Ordinance No. 2022-006 FINAL — MSTU AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.01(I)(q), FLORIDA STATUTES (1999), CONSENTING TO THE INCLUSION OF THE CITY OF CLERMONT, FLORIDA, WITHIN THE COUNTY -WIDE MUNICIPAL SERVICE TAXING UNIT FOR THE PROVISION OF AMBULANCE AND EMERGENCY MEDICAL SERVICES, AS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR THE CITY TO BE INCLUDED WITHIN SAID MUNICIPAL SERVICE TAXING UNIT FOR A SPECIFIED TERM OF YEARS; PROVIDING FOR REPEAL, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read the ordinance into the record by legal title only. City Manager Bulthuis stated that in 2000 Lake County began providing emergency services for the City. Lake County has asked for five year agreements; this is for a one year agreement. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Bates recommends doing one year agreements moving forward. Council Member Bates moved to approve Ordinance No. 2022-006 MSTU• Seconded by Council Member Purvis. The motion passed 5-0 on a roll call vote. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 Item No. 11— Ordinance No. 2022-007 INTRODUCTION— Code Enforcement Board AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING ARTICLE V, "CODE ENFORCEMENT", DIVISION 1, "GENERALLY", SECTION 2-186 "INTENT OF ARTICLE" AND SECTION 2-187 PROVIDING THAT THE CITY COUNCIL SHALL APPOINT A CODE ENFORCEMENT BOARD; SECTION 2-187, "ALTERNATE CODE ENFORCEMENT SYSTEM" AND AMENDING DIVISION II, `CODE ENFORCEMENT BOARD", SECTION 2-206, "CREATED; JURISDICTION; POWERS AND DUTIES; ENFORCEMENT BY COURTS", SECTION 2-207, "COMPOSITION; APPOINTMENT" AND SECTION 2-208, "COUNSEL NAMED" PROVIDING FOR THE CREATION AND APPOINTMENT OF A CODE ENFORCEMENT BOARD; AND, PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Council Member Bates moved to introduce Ordinance No. 2022-007 Code Enforcement Board • Seconded by Council Member Purvis. The motion passed S - 0 with all members present voting ave. City Manager Bulthuis let the public know that we are currently advertising for the board. If anyone is interested they can put in an application. Council Member Purvis asked staff to contact individuals who have previously applied to serve on a board. City Clerk Howe responded that the Clerk's office would contact those individuals. The board appointments are scheduled to be on the March 8 Council meeting agenda for consideration. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 Item No. 12 — Ordinance No. 2022-008 INTRODUCTION— Commercial Megacycles AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING CHAPTER 62 "TRAFFIC AND VEHICLES" CREATING ARTICLE IV, "COMMERCIAL MEGACYCLES" SECTIONS 62-45 THROUGH 62-64 OF THE CITY CODES OF THE CITY OF CLERMONT AUTHORIZING THE USE OF COMMERCIAL MEGACYCLES UPON DESIGNATED STREETS; PROVIDING FOR DEFINITIONS, OPERATION OF COMMERCIAL MEGACYCLES RESTRICTED, PERMIT REQUIRED, PERMIT APPLICATION, APPLICATION FEE, REVIEW AND APPROVAL, PERMIT FEES, TRADE NAME REQUIRED, FIXED PLACE OF BUSINESS REQUIRED, GENERAL OPERATING CONDITIONS, VEHICLE REQUIREMENTS, REQUIREMENTS FOR DRIVERS AND OTHER PERSONNEL, LIABILITY INSURANCE REQUIRED; AMENDMENT TO PERMIT, BUSINESS TAX RECEIPTS, TRANSFERABILITY, PERMIT SUSPENSION AND REVOCATION, APPEAL PROCEDURE, ENFORCEMENT AND POSTING OF SIGNS; AND, 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. Council Member Entsuah moved to introduce Ordinance No. 2022-008, Commercial Me ac cles • Seconded by Council Member Pines. The motion passed 5-0 with all members present voting, aye. Item No. 13 — Citizen Request Charlene Forth expressed concern over the downtown area. She spoke on life safety hazards she sees in the downtown area and provided pictures of parking violations. Ms. Forth also spoke about the Noise Ordinance and Outdoor Amplified Music, she would like the ordinance changed to lower the decibel levels allowed. Council Member Purvis acknowledged there is an obvious traffic situation in downtown that needs attention moving forward. The City has evolved over the last eighteen to twenty years. This situation needs to be addressed and the ordinance may need to be tweaked. We need to be proactive and this is a subject to keep in the forefront moving forward. Mayor Murry agrees with Council Member Purvis. We have taken some steps and made changes to try and correct some of the issues. We need more parking in the downtown area which would solve some of the problems. Mayor Murry invited residents to call the Police when they see a violation. City Manager Bulthuis said that there are two issues. You have the normal regular weekday/weekend issues with parking in downtown and then when we have events. This past Friday was food truck Friday which had a great showing downtown. He let the public know that the Police will tow a car if it is blocking a driveway and issue a traffic ticket if parked illegally and Chief Broadway is on board. We will examine every event before they happen and go over any known issues from last year so that we can address what we need to ahead of time. We cannot undue what happened in the past. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2022 Council Member Pines said she agrees with Ms. Forth regarding the parking violations and issues. The last two years we have had Covid, employee shortages, the Police Department has been short staffed, and there are restrictions, a lot of things contributed to getting us to where we have been. We all voted on our Police Department and changes so that we can be more competitive in getting Officers. It has been difficult the last two years and City staff is handling it and going in the right direction. City Manager Bulthuis asked staff for a list of events that are planned or anticipated for the remainder of this year and send it to Council. Council Member Purvis asked City Manager Bulthuis to come back to City Council in three months with an update on any on goings or violations in the downtown are in that timeframe. Mayor Murry said he would like to see that every thirty days. Council Member Purvis suggested ninety days so you have more of an overview of what's going on. Mayor Murry opened the public hearing. Keith Mullins, 640 Drew Avenue — brought up the visioning sessions from the past and explained that there are more events because the public asked for them. Dani Page, Inside Clermont - commented on Council conduct during public presentation. Bill Downs, Suncreek Brewery — wanted to make the point that they are not in the same boat as Lilly's because they are not that type of business. The two events that are coming up are their tenth and eleventh events and they have never had a complaint. City staff and Police are always present at the events and they are always looking for feedback regarding their events. They try their best to minimize the impact from their business on the surrounding residents. Mayor Murry closed the public hearing. Mayor Murry said we have spent a lot of energy on revitalizing the downtown area. The City is working on the parking issue and taking steps to eliminate problems. ADJOURN: With no further comments, this meeting adjourned at 8:53 pm. Tracy Ackroyd Howe, MMC City Clerk 10 APPROVED: Tim Murry, M or