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03.28.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, March 28, 2023 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Gonzalez, Entsuah, Pines and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Greene, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chaplain Victor Lopez followed by the Pledge of Allegiance. PUBLIC COMMENTS Dani Page, Tuscany Ridge — Inquired about an aquaponics farm at Victory Pointe. City Manager Bulthuis stated the city has no knowledge nor has there been anything submitted regarding an aquaponics farm. Banks Helfrick, 9100 Sams Lake Road — spoke about the "Meet Us in the Middle" meeting that was held at the Clermont City Center. Charlene Forth, 939 W. Desoto Street — spoke on transparency of Council, City Attorney and City Manager. Stephanie Carter, 11024 Windchime Circle — spoke on the growth of the city. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Item 18, Resolution No. 2023-012R regarding the water and sewer fees will be moved up on the agenda. • Complimented the four Police Officers that graduated from the National Law Enforcement Leadership Program. • Dragon Boat Festival is April 8. • April 18 is the second Impact Fees workshop regarding new development. In May, the Council will have a first and second reading on a proposed ordinance. CITY ATTORNEY REPORT City Attorney Greene — in attendance on behalf of Dan Mantzaris. CITY COUNCIL REPORT Council Member Purvis — • Attended Police Officer leadership program graduation. Council Member Entsuah — • Attended Pups in the Park last Saturday and had a great turnout; thanked staff for a great event. • Attended the Tip a Cop charity event. City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 Council Member Pines — • Emily Deal is leaving to be a Parks and Recreation Director of another city, she will be missed. Council Member Gonzalez — No report. Mayor Murry — • Congratulations to Emily Deal and wished her the best of luck. • Attended Coffee with the Cop. • Attend the Police Officer graduation ceremony. • Mayor's luncheon will be moved to Friday, April 7 at Clermont Brewing Company. • Addressed resident's comments on being transparent during the election. AGENDA CHANGE Item No. 18 — Resolution No. 2023-012R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING A FEE SCHEDULE FOR UTILITY BILLING USER FEES — WATER AND SEWER; AMENDING THE COMPREHENSIVE FEE SCHEDULE FOR WATER AND SEWER; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Howe read the title aloud. City Manager Bulthuis stated that city staff had the firm Raftelis perform a study regarding the water and wastewater rates and determine if they need to be adjusted. Currently, Clermont has the lowest water and wastewater rates in the county and the surrounding areas. If a rate adjustment is approved, Clermont will still have the lowest rates in the area. Public Services Director Brunson gave an overview of the utility service area along with the history and upcoming expansion of the wastewater treatment plant. Mr. Brunson spoke about growth in the service area and how that effects the capacity of the wastewater system. City Manager Bulthuis explained that the wastewater treatment plant is operating at 85% capacity. Based on the growth in the service area, the treatment plant has to be expanded to continue to provide service and keep up with demand. Mr. Bulthuis spoke about previous City Councils annexing in properties which are now being built and adding to the wastewater treatment plant capacity. In 2017, the city entered into a 40 year agreement with Montverde and Oakland which utilizes 25% of our capacity. Introduced Mr. Hamilton to explain and share how Raftelis got to the recommended adjustment rates. Murry Hamilton stated the he is a Certified Public Accountant with Raftelis who specializes in utility rates and municipal impact fees. The last rate study conducted on water and wastewater was done in 2017, and at that time it was recommended to adjust the rates. Council implemented an annual index for the water system to adjust rates at an average of 4% a year and deferred certain capital improvement plans. Existing customers have benefitted from lower rates due to new customers and growth. Clermont utility rates are the lowest in Lake County. City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 Mr. Hamilton reviewed the cost of the treatment plant expansion, growth within the service area, inflation and expenditures for water and wastewater. There were set rate adjustments proposed for the next five years that are estimated to provide sufficient revenues to meet the expenditure requirements. The recommendation is to adopt the proposed water and wastewater rates through fiscal year 2027 and perform an updated study within three years. City Manager Bulthuis stated that staff is recommending moving forward. Mayor Murry opened the public hearing. Cuqui Whitehead, 700 Hooks Street — expressed concern over utility bills and due dates. The four billing cycles and late fees were discussed. Finance Director Brosonski stated that the resident only has water so 100% of the bill goes to water. If a resident has wastewater, there would be a separate line on the bill showing that. Chandra Myers, 1040 Glenraven Lane — opposed to increase. Brian Lueth, Greater Pines — spoke on past utility agreements with Greater Pines and Greater Hills. Susan Serone, 1102 Linden Street - opposed to increase. Stephen Kreger, Desoto Street — opposed to increase. Stephanie Carter, 1102 Windchime Circle — opposed to increase. Ms. Hibbert, Highland Ranch —spoke on issue with irrigation water pressure. City Manager Bulthuis acknowledged there are issues and told the resident to reach out to Public Services Director Brunson. Charlene Forth, 939 W. Desoto Street — spoke regarding late fees and opposed to increase. Christopher Simpson, 13240 Whisper Bay Drive - spoke regarding utility bills in Magnolia Pointe. Dani Page, Tuscany Ridge — expressed concern regarding servicing more growth in the city. Mayor Murry closed the public hearing. Council discussed having a water and sewer system adequate to supply future needs and the recommendation of Raftelis to reevaluate the rates every three to five years. At any time, Council can amend the Ordinance with the rate adjustments to move forward in a different direction. Discussion ensued regarding the service area and if there is any room to change that, city staff will communicate with Lake County to have that discussion. Council Member Purvis moved to approve Resolution No. 2023-012R• Seconded by Council Member Gonzalez. The motion passed 4-1 with Council Member Entsuah opposing City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 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 — Meeting Minutes Item No. 2 — Surplus Request Item No. 3 — Resolution No. 2023-01 OR Item No. 4 — Resolution No. 2023-013R Item No. 5 — Memorandum of Understanding (MOU) Approval Item No. 6 — Public Services Vehicle Purchase Approval Item No. 7 — Purchase of Public Services Vehicles Item No. 8 — Bid Award Item No. 9 — Bid Award and Term Contract Item No. 10 — Purchase Approval and Budget Amendment 4 Consider approval of the February 28, 2023 Council meeting minutes. Consider declaring surplus from the Public Services, Parks & Recreation, and Police Department and dispose of in accordance with the Purchasing Policy. Consider updating the Recreation Department fee schedule for Adult Softball, Pickleball Court rental and Memorial Benches. Consider approval of Fiscal Year 2023 Budget Amendment to the General Fund, Infrastructure Fund, Police Impact Fund, Water Fund, Stormwater Fund, and Sanitation Fund. Consider extending the Voluntary Cooperation and Operational Assistance Mutual Aid Agreement between the Groveland Police Dept and Clermont Police Dept to Jan. 2024. Consider waiving the competitive bid process and purchasing two vehicles from a local dealership in the budgeted amount of $73,259. Consider purchasing from the Florida State Contract with Step One Automotive Group to acquire seven (7) vehicles for the budgeted amount of $181,936. Consider bid award to Commercial Design Services, Inc. to furnish and install office furniture for the new Public Works Operations Facility in the budgeted amount of $210,167.97. Consider bid award to AGH Management, LLC to re -sod 2 fields in the budgeted amount of $183,600 and term contract approval to provide sod removal and installation services. Consider purchasing firefighter equipment from various companies in the total amount of $2,819.66 and a budget amendment to the General Fund in the amount of $2,819.66. City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 Item No. 11 — Bid Award and Budget Amendment Item No. 12 — Single/Sole Source and Budget Amendment Item No. 13 — Piggyback Purchase and Budget Amendment Item No. 14 — Piggyback City of Cocoa Contract Item No. 15 — Piggyback City of Cocoa Contract Consider bid award to Ten-8 Fire & Safety, LLC and Dana Safety Supply, Inc. to purchase firefighter equipment in the total amount of $100,789.86 with a General Fund budget amendment. Consider approval of single/sole source purchase from Purchase Point Equipment Supply, LLC for firefighter equipment in the total amount of $58,336 with a General Fund budget amendment. Consider approval to piggyback the Lake County contract with Ten-8 Fire & Safety, LLC to purchase fire equipment in the amount of $84,614 with a General Fund budget amendment. Consider contract with Danella Construction Corp of Florida, Inc. to provide fiber installation and maintenance services. Consider contract with Morse Communications, Inc. to provide fiber installation and maintenance services. Dani Page pulled agenda Item No. 6 for further discussion. Council Member Pines moved to approve Consent Agenda Items 1-5 and Items 7-15: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing "e. Dani Page, Tuscany Ridge — inquired as to why the city chose Napelton Dodge to purchase the vehicles. Charlene Forth, 939 W. Desoto— expressed concern over bidding process. Procurement Services Director Suarez responded that the city went out for bid in January and received no responses from local dealerships. Staff called the dealerships and was told they are short on inventory and would rather sell at list price. Discussion was had on the bidding process and the type of vehicles that were purchased. Council Member Purvis moved to approve Consent Agenda Item 6. Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing aye. Mayor Murry called for a recess at 9:OOpm. Mayor Murry reconvened at 9:05pm. City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 UNFINISHED BUSINESS Item No. 16 — Ordinance No. 2023-006, LDC Amendment, Final AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 38; ADDING SECTION 38.5 LAKEFRONT PROPERTIES PARKING AND STORAGE FOR BOATS; PROVIDING FOR CONFLICT, SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Director Henschel Curt presented the item. This is a staff initiated land development code change to amend Chapter 38-Recreational Vehicles, adding Section 38.5, Lakefront properties parking and storage for boats. The current Land Development Code, Sections 38.4, requires recreational vehicles and boats must be parked or stored at the rear of the building setback line. The current code does not allow boats to be parked in the front of a house. The proposed code amendment would allow certain residential lakefront properties to park and store boats and other watercraft vessels on the parcel that abuts the lakefront property, and which can conform to the requirements and conditions of this section of the code. The lake front parcel must be located on a separate plot of land other than the primary residential lot and be separated by a road or street. The boat storage will prohibit temporary living quarters and any boats must provide a valid registration and appear to be operable by visual inspection. The watercraft vessels shall be limited to a maximum of two (2) trailers and four (4) vessels per parcel. The parking and storage of any boats must be kept orderly and maintained by the property owner or occupant, it shall not be parked in the right of way at all. There shall be no paid storage of vessels permitted, the property owner must own the parked vessels. Staff recommended approval of the proposed changes as presented in Ordinance No. 2023-006. Mayor Murry asked if the code will require them to put a driveway apron on the property. Mr. Henschel explained that requiring an apron is not currently part of the code. Mayor Murry opened the public hearing. Libby Hanna, 1251 Fran Mar Court — expressed concern regarding wording of the ordinance. Mayor Murry closed the public hearing. Discussion ensued regarding the amount of boats on a property and adding language to allow immediate family to store vessels on the property. Council requested for the ordinance to return before them in a year to reevaluate. Mayor Murry asked to require a driveway apron for properties that have a curb. Discussion was had regarding the driveway aprons and any drainage issues. Council Member Gonzalez moved to approve Ordinance No. 2023-006 with the additional language of immediate family and driveway apron and the provision to review in ayear• Seconded by Council Member Entsuah The motion passed by roll call vote 5-0 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 Item No. 17 — Ordinance No. 2023-007, LDC Amendment, Final AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 122 ZONING; SECTION 122-342 SPECIAL SETBACKS; PROVIDING FOR CONFLICT; SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR; RECORDING; PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the ordinance. This is a staff initiated land development code change encompassing Section 122-342 Special Setbacks to adjust and clarify that section of the code. The major amendment in this Section is to allow screened/unscreened patios with a solid roof to be constructed up to 10 feet of the rear property line. The current code allows the construction up to 25 feet of the rear property line. The rear yard setback has posed a challenge to homeowners who would like a roofed outdoor seating area behind their home in the newer subdivisions. These subdivisions have larger homes while the lot sizes have been decreasing. A review of variance applications for a reduction in rear yard setbacks indicates a growing trend. The City had three (3) requests in 2020, seven (7) requests in 2021, four (4) requests in 2022 and four (4) requests so far in 2023. The City Council approved 70% of these requests. Each variance is evaluated on its own merits and past variance approvals are not grounds for approval of future variances. The demand for the roofed patios appear to be more common since the start of the pandemic. Staff is also seeing more applicants stating that due to medical conditions, they cannot be exposed directly to the sun and desire the solid roof for protection with the ability to enjoy the outdoors. The solid roof patio also provides relief from Florida's weather. If this change is approved, the applicant will still be limited by the Impervious Surface Ratio (ISR) for the lot and the existing drainage/utility easements on the lot. Staff considered a 15 foot rear yard setback, but with the addition of a standard 12 feet by 12 feet roofed patio; this would still require a variance request if the primary structure was located 25 feet from the rear property line. This change is only for patios, screened or unscreened, with a solid roof built with dissimilar materials, limited to non -habitable space. Other changes in this section include the placement of air conditioner pads, generators, pool equipment and utility buildings within the property. Placement of these items shall not be located within the drainage/utility easements unless an indemnification is submitted. Specifications on limiting the size of a detached garage and storage building was also added to limit the square footage with a maximum up to 50% of the primary structure's habitable space. A clarification setback for restaurant canopies was also included since the current code requires all canopies be 30 feet from all property lines, including restaurant. This grouped all types of canopies into the 30 feet setback requirement. This has posed a challenge for some restaurants desiring canopies with their drive-thru since the building setback is much less than the current canopy setback. Restaurant canopies do not resemble the much larger types associated with gas stations, in regards to height and square footage, and they are more prone to be scaled with the building size. The addition of this setback would require a canopy used in a restaurant setting to meet the commercial zoning district building setbacks, which could be 12 feet from the side property line. Staff recommended approval of the proposed changes contained in Ordinance No. 2023-007 for Section 122-342 Special Setbacks. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2023 Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed being able to split the ordinance to separate the commercial canopies. The ordinance is not able to be split and will have to be heard and voted on as one ordinance. Discussion was had regarding screened patios smaller lots and most residents are not aware of the setbacks until inquiring about a permit. The City Council provided input on the setback lines and metal roofs. Council Member Pines moved to approve Ordinance No. 2023-007: Seconded by Council Member Entsuah. The motion passed by roll call vote 4-1 with Council Member Purvis opposing_ NEW BUSINESS Item No. 18 — This item was addressed earlier in the meeting. Item No. 19 — Lien Forgiveness Request, 775 E. Juniata Street City Manager Bulthuis stated that this item came before Council in October to wave the lien amount of $270,000.00 on the property. The current owners purchased the property on a tax sale for $23,500.00 and were unaware there was a lien on the property. Council reduced the lien to $25,000.00 to be paid by November 14, the amount was not paid so now the amount is back to $270,000.00 plus any fees. The current owners want to sell the property and have a buyer that agreed to pay $35,000.00 so they are asking again for the lien to be waived so they can sell the property. Staff spoke with the property owner and inquired about future plans with the property. The city is not interested in waiving the lien if the property remains vacant and is not maintained. The property owners, Messiah and Fabiana DeOliveira requested a lien waiver. Mr. DeOliveira produced a letter from the buyer stating they intend to build a single family home on the property. They purchased the property and did not do their due diligence to check for any liens. They are trying to sell the property. Council had questions regarding the potential buyers of the property and their intentions. Council asked if this item can be tabled until the potential buyers for the property can return with the owners to answer questions on what will be done with the property. Council Member Purvis moved to table the lien forgiveness request to April 11 2023• Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicin¢ ave. ADJOURN: With no further comments, this meeting adjourned at 9:56pm ATTE T: Tracy Ackroyd Howe, MMC City Clerk 8