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04.11.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, April 11, 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 Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was followed by the Pledge of Allegiance. PUBLIC COMMENTS David Falzone, 1375 Lake Avenue — expressed concern regarding property. Charlene Forth, 939 W. Desoto Street — spoke on transparency of Council. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 9 — Lien Forziveness Request, 775 E. Juniata City Manager Bulthuis informed the Council this is a request to table the item to April 25, 2023. Council Member Pines moved to table the lien forgiveness request to April 25, 2023: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing gye. Item No. 18 — Council Terms and Term Limits City Manager Bulthuis informed the Council there was an error in the ordinance language and will be amended for the second reading. The "ballot language" within the ordinance refers to four consecutive 4 year terms, the correct language is three consecutive 4 year terms. Item No. 19 — Executing Legal Instruments City Manager Bulthuis requested to withdraw the item. The ordinance was to update language to give the City Manager signing authority on documents that council has approved. This was not to give the City Manager power over council so the item will be removed as there were questions and it was a small change. City Attorney Mantzaris stated that this ordinance was a clean-up of antiquated language within the charter. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Workshop on April 18 regarding adjustment of Impact Fees. • Downtown wine stroll on April 22. • Earth Day Festival and Lake clean up on April 22 at Lake Hiawatha Preserve. • Dragon Boat Festival was the past weekend, city team won. City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 CITY ATTORNEY REPORT City Attorney Mantzaris Updated Council on the litigation regarding Masthead Yacht Club. The court ruled in favor of the developer on their appeal of the City Council decision on the July 2022 order denying the application for a Conditional Use Permit (CUP). The basis for the 2022 application was analysis that a prior CUP from 1998 had been abandoned. The court agreed with the developer, there is not enough to take away entitlements. The court overturned the order, council should not have denied the application and the city should take further action in accordance with the 1998 entitlements. The city could appeal, however they went to great lengths to explain why there was not enough information to take away those 1998 entitlements and does not feel an appeal would be successful. If council wants to pursue an appeal, they would direct the City Attorney to do so. If not, the developer would move forward in the process. City Manager Bulthuis stated that he had spoken with the Yacht Club Homeowners Association (HOA) and provided them with a copy of the courts ruling. CITY COUNCIL REPORT Council Member Gonzalez — • Represented the city in Tallahassee during Legislative Action Days. Met with Senators Baxley and Yarkosky. Council Member Purvis — • Thanked the Mayor, Council Member Gonzalez and City Manager Bulthuis for going to Tallahassee. • Attended Tourism Development Council meeting, revenue continues to increase for tourism tax dollars from hotels and short term rentals. Developing new marketing plan for Lake County. • Thanked Mr. Davidoff for his assistance with getting our boat dock at the boat house back in the water for a large regatta next month. Council Member Entsuah — Attended First Friday food trucks, thanked staff for hard work and dedication. Walk for life at Victory Pointe coming next weekend. Council Member Pines — • Toured the Wastewater treatment plant. New environmental services plant will service our police cars and fire trucks. Thanked Jim Maiworm, Mark Griffin and Lee VanDever. Mayor Murry — • Thanked for all who attended Mayor's lunch on Friday. • Committed to helping with Earth Day. • Attended the Dragon Boat Festival. • Spent three days in Tallahassee last week. Inquired about bills the city opposed. City Manager Bulthuis informed Council that the Mayor was elected to Florida League of Mayors Board of Directors. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 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 — Change Order and Budget Amendment Approval Item No. 4 — Proposal Award Item No. 5 — Resolution No. 2023-014R Florida Boating Improvement Program Item No. 6 — Resolution No. 2023-015R Item No. 7 — Event, Open Container and Road Closure Request Suntoberfest Item No. 8 — Event and Open Container Request Clermont Beer Festival Consider approval of the March 14, 2023 Council Meeting and March 21, 2023 Workshop Minutes. Consider declaring surplus from the Parks & Recreation, and Fire Department and dispose of in accordance with the Procurement Policy. Consider Change Order 1 to the Impact Fee Study contract with Raftelis Financial Consultants, Inc. for additional services required in the amount of $9,300 along with a corresponding Budget Amendment to the Impact Fees (Recreation, Police, Fire, Water and Sewer). Consider award and term contract with Southern Cleaning Service, Inc. to acquire janitorial services for the Clermont Police Department for the amount of $48,444 per year. Consider grant application submittal for the Meet Us In The Middle Plaza and 8th Street Docks project in the amount of $100,000 with a 100% match. Consider corrective quit claim deeds for city property that was sold in 2017. Consider allowing Suncreek Brewery to host event in downtown Clermont with street closures and open container allowance. Consider allowing the Craft Beer Association to have an open container area for their event on June 25, 2023 at Waterfront Park. Charlene Forth pulled agenda Item No. 5 for further discussion. Council Member Entsuah moved to approve Consent Agenda Items 1-4 and Items 6-8; Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. Charlene Forth, 939 W Desoto Street — in opposition of the project and applying for funding for the project at this time. Mark Graff, 1944 Brantley Circle — attended the workshop and heard a lot of support for the dock. Years ago the city did public meetings and residents wanted a more vibrant downtown. City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 City staff executed the master plan that kind of investment caused seven local developers to start investing in downtown. Very supportive of the project. Jimmy Crawford, 702 W. Montrose Street — invested in downtown four years ago and ecstatic with the progress being made. This is an application for a grant, there is nothing binding being done. Attorney for Lake County Water Authority, just finished a study on the quality of the Clermont Chain of Lakes and will provide that to the city. Council Member Gonzalez moved to approve Consent Agenda Item 5, Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye. Item No. 9 — This item was addressed earlier in the meeting and tabled to the April 25, 2023 meeting. Item No. 10 — Resolution No. 2023-003R, Micro -Hospital CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A MICRO -HOSPITAL USE GREATER THAN 5,000 SQUARE FEET IN THE TUSCANY VILLAGE PUD, RESOLUTION 1532; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the item. This item was tabled from the February 28, 2023 City Council Meeting. The applicant is requesting a Conditional Use Permit (CUP) to allow a building to occupy more than 5,000 square feet of total floor space in the Tuscany Village Planned Unit Development (PUD). The Tuscany Village PUD is located west of the Hammock Ridge Road and US 27 intersection. The Tuscany Village PUD was approved for Light Commercial uses in 2005 for a mixed use commercial center not to exceed 459,000 square feet. The applicant is proposing a 28,700 square foot single -story building with associated parking on 2.82 acres. This equates to a floor area ratio of 0.23, which is below the maximum allowed of 0.25. The micro -hospital will provide concierge -level emergency and inpatient medical care, allowing for the treatment of a larger variety of illnesses/injuries with the capability of inpatient care. The services include, but not limited to; trauma treatment, medical diagnostics and imaging, 8 dedicated patient rooms, an operating room, laboratory, and other associated services with a hospital, but on a much smaller scale. The micro -hospital will operate 24 hours a day, 7 days a week, all year long. The anticipated number of employees on a shift will consist of approximately 10 staff members. The project will be providing 47 parking spaces. The applicant has not applied for any variances and has indicated that they can develop the site according to the Land Development Code. The proposed micro -hospital is consistent with the area as a whole and would be located in an area that would generate users of the facility. The applicant has been through the City's preliminary site plan review process with staff on the proposed project. The proposed building would be required to meet the City's Architectural Standards. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 Staff has reviewed the CUP application in accordance to Sec. 86-144 of the Land Development Code. The proposed intensity, character and type of development is in compliance with the City's comprehensive plan for Commercial future land use. The Tuscany Village PUD has been massed graded and is prepared for site development. A traffic analysis has been done and it has been determined the proposed project would have less than a total of 50 AM/PM peak hour trips, which would be considered a "de minimis" impact on the transportation network. Staff recommends approval of Resolution 2023-003R Jimmy Crawford represents the applicant. They are in agreement with the staff report. The Micro -Hospital is a growing trend and is a full service hospital. There are no transfers to or from other facilities and in the rare instance there is they have a private company to transport. He provided information on the how the hospital functions as well as the owners of the hospital. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed their opinions on the project and the use of helicopters to transport patients. City Attorney Mantzaris asked the applicant if they would add language with no helicopter pad as a condition. Mr. Crawford agreed regarding the helicopter pad. Council Member Purvis moved to approve Resolution No. 2023-003R with the condition that the site shall not include a helicopter landing pad or zone and regular helicopter transports shall not be permitted; Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicingaye. Item No. 11— Variance Request, 601 E. Desoto Street Development Services Director Henschel stated this item was tabled at the February 28, 2023 Council meeting. The applicant is requesting a variance to allow for an existing residential front yard fence to exceed the maximum 4-foot height permitted by the Land Development Code, Section 122-341, Accessory Uses and Structures. The single family residential property is located at 601 East Desoto Street, which is on the corner of Scott and East Desoto Street. The zoning is R-2 Medium Density Residential and the Land Use is Low Density Residential. The applicant was granted a residential fence permit which indicated in the submitted survey, the front yard fence height would not exceed the 4-foot high maximum allowed and the rear/side yard fence height could be up to 6-foot high as permitted in the Land Development Code. The existing front yard fence is approximately five and half feet high, which exceeds the maximum permitted. Therefore, the property currently has an open Code Enforcement violation case. The applicant is requesting a variance to allow the existing front yard fence to remain as constructed. Staff finds the proposed residential front yard fence height exceeds the maximum 4-foot height permitted by the Land Development Codes and the provisions of the approved permit. Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to grant a variance. Staff has reviewed the application as submitted and finds the application does not meet the required positive findings on all five review criteria. Therefore, staff recommends denial of the requested variance. The applicants, Ivania and Laurence Richardson were present. The need for a higher fence is for the safety of their child. Requesting permission to keep the fence up. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — supports the variance request. Mayor Murry closed the public hearing. Discussion ensued regarding the fence height that was applied for when they received their building permit, who applied for the permit and if there was intentional misrepresentation of the height of the fence. Also discussed the location of the fence causing a blind spot for drivers. Council discussed placing a deed restriction that when the house sells, the front fence will be brought down to 4 feet or whatever the code is at that time and the front corner of the fence at Scott and Desoto be cut back to a 45 degree angle to eliminate the blind spot for vehicles. Council Member Purvis moved to approve the variance request with the condition to place a deed restriction that when the house sells the front fence will be brought down to 4 feet or whatever the code is at that time and the front corner of the fence at Scott and Desoto be cut back to a 45 de rgree angle; Seconded by Council Member Pines. City Manager Bulthuis stated that the owner would have to sign off on the conditions and asked if council wants to set a timeframe for this to be completed. City Attorney Mantzaris stated that the city has a pending code enforcement action that would remain open until this is settled. The code enforcement matter would be pending sooner than 90 days and if the owners do not sign off then the variance is not granted. Passed unanimously 5-0 with all members present voicing`ve. Item No. 12 — Variance Request, 4448 Linwood Trace Lane This item was tabled at the March 14, 2023 City Council Meeting. The applicant is requesting a variance to allow for a single family residential lot to exceed the maximum 55 percent impervious surface lot coverage allowed in the R-2 Medium Density Residential zoning district, as required by Section 122-145. The property is located in the Linwood subdivision. The variance would allow the maximum lot coverage to increase from 55 percent to approximately 65 percent lot coverage for the installation of pavers around the existing pool. Because the pavers provide a solid porous surface area, this would provide a 10 percent increase to the maximum fifty five percent (ISR) allowed for residential development. The increase to the maximum impervious surface lot coverage could interfere with the allowable amount of ground surface area required to provide sufficient natural drainage and prevent water flow onto adjacent properties. The City of Clermont has adopted performance standards to regulate and limit the maximum impervious coverage allowed for residential development to ensure water runoff doesn't negatively impact property owners. Staff finds the proposed variance request to increase to the maximum 55 percent impervious surface ratio limits may be considered intrusive to adjacent property owners and could impact the surrounding properties. Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to grant a variance. Staff has reviewed the application as submitted and finds the application does not meet a positive finding on all of the five review criteria. Therefore, staff recommends denial of the requested variance. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 Jimmy Crawford was present on behalf of the applicants, Angel and Mary Matos. The applicants built a pool and screen room that they wanted to have paved flooring. They applied for a permit and at that time the city said they could not put pavers down within the whole screen room because it went over the allowed impervious surface of 55 percent. They have complied and built the pool and screen room and paved a portion of the screen room up to the 55 percent impervious surface. The applicants are asking for a variance to pave the remaining portion of the screen room which is currently dirt. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Discussion ensued regarding the applicants only asking for 10 percent over the 55 percent allowed in order to pave the whole screen room. The screen room is not expanding, just filling in the space within. There was discussion regarding drainage and having a condition to have french drains that drain to the middle part of the back yard. Council Member Purvis moved to approve the variance request with the condition that pavers will be allowed as loniz as the impervious surface is limited 65% or less. French drains drain towards the rear center of the property: Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing aye. The next three items were heard concurrently and voted on separately. Item No.13 — Ordinance No. 2023-010, Rooms to Go Annexation Final AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Item No. 14 — Ordinance No. 2023-011, Ashley Furniture Final AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Item No. 15 — Ordinance No. 2023-012, Wendy's Final AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read all three items by title aloud. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 Development Services Planner Kruse stated that the City received three voluntary annexation requests for three projects within the Johns Lake Landing PUD. The applicants are Rooms to Go Patio, Wendy's and Ashley Furniture. The projects front the south side of SR 50, between Ray Goodgame Parkway and Magnolia Pointe Boulevard. The city limit is adjacent to the project to the north. The property is in the process of developing under the John's Lake Landing PUD, which was granted in Lake County and is for 309 acres. The applicant desires to continue developing within the City of Clermont according to this PUD. The site will require City water and sewer services and has an older utility agreement that was approved by City Council in 2007 for the entire John's Lake Landing project. The applicants will apply for site plan review and building permits through the City. The benefit of annexing the property at this stage is that the City has the jurisdiction over permitting and collection of impact fees that is absent when a property is fully developed in Lake County and then annexed into the City at a later date. Under Florida Statute Section 171.062(2), property that is annexed and subject to a county land use plan and county zoning may continue with the regulations until the municipality adopts a comprehensive plan amendment. The entire project is served by City water and sewer and once the entire development is complete, then the City will assign it a future land use of Master Planned Development with PUD zoning. The challenge of assigning a future land use and zoning at this point is this project is a very small fragment of the overall John's Lake Development. It would be incompatible and inefficient on such a small scale, this will come back before Council at a later date for a Comprehensive Plan amendment and rezoning. The subject property meets the requirements for voluntary annexation under Florida Statutes Chapter 171.044, the City is capable of serving the property and staff recommends approval of Ordinance 2023- 010, 2023-011 and 2023-012. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing. Council Member Purvis moved to adopt Ordinance No. 2023-010: Seconded by Council Member Pines. The motion passed by roll call vote 5-0. Council Member Gonzalez moved to adopt Ordinance No. 2023-011; Seconded by Council Member Purvis. The motion passed by roll call vote 5-0. Council Member Purvis moved to adopt Ordinance No. 2023-012: Seconded by Council Member Pines. The motion passed by roll call vote 5-0. NEW BUSINESS Item No. 16 — Variance Request, 274 Crystal Lake Drive Development Services Planner Kruse presented the variance request. The property owner is requesting a variance to the Land Development Code, Section 122-146, for property located at 274 Crystal Lake Drive. The variance request is to allow for a front yard setback of 15 feet instead of 25 feet as required by the Land Development Code. The property is zoned R-2, Medium Density Residential. The property is developed with a single family home that was constructed in 1951. The owner would like to convert the home into a two-family home, which is permitted under the R-2 zoning district. The property fronts Crystal Lake Drive and the existing home, based upon a recent site plan, is located 15 feet from the right of way line. The owner would like to add a small addition, approximately 117 square feet, on the southwest corner of the home to make it symmetrical and add more square footage for the second unit. The addition would be built out to the existing front building line that is 15 feet from Crystal Lake Drive right-of-way line. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 The distance between the edge of the asphalt and the right-of-way line is 27 feet and then the 15 feet setback would start. This would provide 42 feet from the edge of pavement. The right-of-way width for Crystal Lake Drive at this area appears to be 75 feet. Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to grant a variance. Staff has reviewed the application as submitted and fmds the application does not meet a positive finding on one of the five criteria. Therefore, staff recommends denial of the variance request. The applicant, Michael Gomez asked Council to table the item to for 30 days to better prepare. Council Members Entsuah and Purvis will not be at the May 9 council meeting, item will be moved to the May 23 council meeting. Council Member Pines moved to table the variance request to May 23, 2023, Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicing aye. Item No. 17 — Variance Request, Clermont West Development Services Director Henschel presented the variance request. The applicant is requesting four variances in the development of a vacant 7.09 acre parcel located on State Road 50, west of Sandhill View Boulevard and east of the Ford Dealership. The property is zoned is C2 General Commercial and the Future Land Use designation is Commercial. The applicant is proposing development of several restaurants and other commercial uses on this site. The applicant is requesting the following variances: (1) to allow for a single property to have three ground signs instead of the required one ground sign per parcel. (2) The request to allow grades within the landscape buffer up to 25 percent maximum instead of the 10 percent maximum grade permitted. (3) Requesting a perimeter landscape buffer reduction from 20 feet to 10 feet wide along State Road 50, for the portion of property located behind the FDOT pond and drainage facility and (4) the reduction of the front yard building setback from 50 feet to 10 feet for the portion of the property located behind the FDOT pond. The existing property conditions due to the site formerly being mined has provided some development constraints that could be considered a hardship for the proposed project. Staff can support three of the four requested variances. Staff cannot support the variance to allow for the number of ground signs to exceed the maximum permitted. The code allows one ground sign per parcel for each primary street frontage. The applicant is requesting a total of three. The proposed project is consistent with the intent of the Comprehensive Plan goals, objective and polices for commercial development. The project will be required to comply with all other Land Development Codes for construction. Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to grant a variance. Staff has reviewed the application as submitted and finds the application does not meet a positive finding on all of the five review criteria. Therefore, staff recommends denial of the variance request to allow the number of ground signs. The remaining three variances, staff supports. Amy McCook from Equinox Development in Maitland was present on behalf of the applicant. The development company has been very active in Clermont over the years. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 This property is unique and they have a great retail line up. Initially the applicant requested four ground signs but in working with staff, reduced that to three. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed the turn lanes in and out of the development, the size of the ground signs and that two of the retailers will share one sign. They reviewed the grade and landscape buffer and how that will be configured. There was talk of the one company who has committed to one of the spaces. Council Member Pines moved to approve the variance request: Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicing ave. Item No. 18 — Ordinance No. 2023-014, Council Terms and Term Limits, Introduction AN ORDINANCE AMENDING ARTICLE 11, SECTION 6, "THE COUNCIL" OF THE CHARTER LAWS OF THE CITY OF CLERMONT, PROVIDING THAT THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 1, 3 AND 5 IN NOVEMBER 2024 SHALL BE FOUR (4) YEARS; THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 2 AND 4 ELECTED IN 2025 SHALL BE FOR ONE YEAR (1) AND THE TERM OF OFFICE FOR COUNCIL MEMBERS ELECTED TO SEATS 2 AND 4 IN NOVEMBER 2026 SHALL BE FOR FOUR (4) YEARS; PROVIDING THAT A COUNCIL MEMBER SHALL NOT BE ELECTED FOR MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS; PROVIDING FOR A REFERENDUM ON THIS AMENDMENT; PROVIDING FOR THE TITLE AND EXPLANATORY STATEMENT FOR THE BALLOT FOR THE AMENDMENT; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY AND CONFLICT AND PROVIDING AN EFFECTIVE DATE FOR THE AMENDMENTS. City Clerk Howe read the title aloud. Charlene Forth, 939 W. Desoto inquired on who decided to put this item on the agenda. Council stated that the item has come up in discussions and in looking at the expenses of having an election each year it was brought to council to bring to the public as a cost saving budget decision. Mr. Bulthuis clarified that individual council members have brought the idea to him so he had the City Attorney draft language to bring to council and the residents. In approving the Ordinance it will allow this to go on the ballot for the residents to vote and decide. City Attorney Mantzaris explained that the other Ordinance which is now withdrawn was looked at during the charter review and his office suggested bringing it to Council. Council Member Purvis moved to introduce Ordinance No. 2023-014: Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing aye. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 Item No. 19 — Ordinance No. 2023-015, Executing Legal Instruments, Introduction AN ORDINANCE AMENDING ARTICLE II, SECTION 23.1 "EXECUTING LEGAL INSTRUMENTS" OF THE CHARTER LAWS OF THE CITY OF CLERMONT, PROVIDING THAT THE CITY MANAGER MAY EXECUTE LEGAL INSTRUMENTS AS AUTHORIZED BY THE CITY COUNCIL; PROVIDING FOR A REFERENDUM ON THIS AMENDMENT; PROVIDING FOR THE TITLE AND EXPLANATORY STATEMENT FOR THE BALLOT FOR THE AMENDMENT; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY AND CONFLICT AND PROVIDING AN EFFECTIVE DATE FOR THE AMENDMENTS. This item has been withdrawn. Item No. 20 — Ordinance No. 2023-016, Watercraft Rentals, Introduction AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 70, WATERWAYS, ARTICLE III, REGULATIONS FOR PERSONAL WATERCRAFTS, SECTION 70-56, "REQUIREMENTS FOR WATERCRAFT RENTAL BUSINESSES"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Pines moved to introduce Ordinance No. 2023-016: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing gye. City Manager Bulthuis confirmed with the City Council that Council Member Entsuah and Council Member Purvis will not be in attendance for the May 9 Council meeting. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING April 11, 2023 ADJOURN: With no further comments, this meeting adjourned at 8:55pm. ATTEST: Tracy Ackroyd Holke, MMC City Clerk 12 APPROVED: Tim Murry, M yor