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05.23.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, May 23, 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 Father Mark Wajada, Blessed Sacrament Catholic Church gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Water Conservation Coordinator Jeffrey Burke presented the awards for the 2023 Drop Saver Poster contest. Mr. Burke stated this is the 101 year that the city has participated in the Drop Saver Program and introduced first, second and third place winners of each level of the contest. The overall winners were Aubree Terrio in third place, Andrea Alvarez in second and Mingna (Nina) Shi in first place. All three category winners were submitted to the American Water Works Association and Aubree Terrio received second place for the state. Mayor Murry congratulated all the winners and announced that the posters will be displayed on the 21 floor of City Hall. Lake County Commissioner Sean Parks reported that tomorrow is the Liberty Tree dedication at the Mount Dora VFW Post at 9am. Mr. Parks clarified a letter that went out regarding the Tavares tax collector office moving, that was referring to the main office in downtown Tavares. The county wide planning effort is making progress. Clermont has a joint planning agreement with the County, they are improving the process to include communication and better address the cities. Everyone is concerned about growth management as Lake County is the fifth fastest growing county in the state, would like all cities to come together with the County on where we want the growth and where we do not want it. The environmental lands referendum that was enacted in 2004 is set to expire in 2025. The referendum allowed the county to purchase lands on a county wide basis for environmental protection. The County Commission will hold a workshop regarding the topic in September. The County Commission is currently in budget season. The budget meetings are held on Mondays at 9:00am. Mr. Parks is hoping to dedicate 4% towards roads for this year. Finally, CFX and State Road 516 is back on schedule. Hartwood Marsh Road should be under construction within one year. Discussion ensued regarding the pot holes on Citrus Tower Blvd from 50 to 27 which is on the County's list and the timing of the traffic lights. Mayor Murry invited residents to ask questions of Commissioner Parks. Chandra Myers, 1040 Glen Raven Lane — website address to watch budget meeting. Commissioner Parks said the website is www.lakecountyfl.gov. City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 PROCLAMATION City Clerk Howe read three (3) proclamations aloud. Sommer Sports Celebration Day, Fred Sommer was presented the proclamation. Memorial Day, Veterans from American Legion Post 55 and the VFW accepted the proclamation. Election Proclamation was read aloud. PUBLIC COMMENTS John Litton, Senior Board Member of STBM, owner of the Citrus Tower - Thanked the City for support with the grand re -opening of the tower. The ribbon cutting will take place on May 28, 2023 and invited all residents to the celebration. Kathy Barrett, journalist— proud to be a resident and working with STBM. Spoke on the history of the company and the grand reopening of the Citrus Tower Charlene Forth, 939 W. Desoto Street — thanked military for service to our country. REPORTS CITY MANAGER REPORT City Manager Bulthuis informed the Council of the following agenda changes: Item No. 9- Variance Reauest. 274 Crystal Lake Drive City Manager Bulthuis informed the Council this is a request to table this item to June 13, 2023. Council Member Entsuah moved to table the variance request to June 13.2023: Seconded by Council Member Pines. Passed unanimouslv 5-0 with all members Dresent voicing ave. City offices are closed on Monday, May 29 in honor of Memorial Day. There will be a Memorial Day ceremony at 1 lam at Waterfront Park. Police Chief Broadway spoke about the Michael Murphy workout to honor all veterans at Victory Pointe on Monday, May 29 at 8:45 am. There is a new program with Lake Sumter Children's Advocacy Center that provides medical exams of juveniles. This partnership serves as a satellite office so parents and victims will no longer have to travel to Leesburg. Executive Director Brenda Crellen, 713 Bellrose Trail, Villages — the Lake Sumter Children's Advocacy Center is a nonprofit that offers specialized services to child victims and their families which include medicals and licensed counselors. All services are free and average 1,000 children per year in Lake and Sumter Counties. CITY ATTORNEY REPORT City Attorney Mantzaris — the four hour ethics training for council will be held on Wednesday, May 31 at 1:30pm in the Council Chambers. CITY COUNCIL REPORT Council Member Entsuah — No report. City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 Council Member Pines — No report. Council Member Gonzalez — Attended the Florida League of Cities insurance seminar in Ft. Myers. Attended the citizen's academy graduation and coffee with a cop. Council Member Purvis — No report. Mayor Murry — • Attended the naval academy ceremony and citizen's academy graduation. • Congratulated Lincoln Park South Lake Alliance for receiving the nonprofit of the year award. • Mayor's luncheon will be June 6 at Los Reyes. • Attended employee's breakfast. • Thanked Mr. Gonzalez for being instrumental in the Memorial Day ceremony. City Manager Bulthuis spoke on the Amateur Athletics Union (AAU) coming to Clermont. Lake County and the City of Clermont have collaborated since 2011 on the Wellness Way program. The developers of Olympus announced they have a signed letter of intent with AAU and the plan is to build a 100,000 square foot facility for multiple sports. Mayor Murry stated that it will be great to have AAU in our area. Mayor Murry stated that he had a discussion with Nancy Dodd regarding the street lighting project and the project has been moved up. The project is replacing street lights with LED lights to reduce the ongoing cost. 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 — Plat Approval Perimeter Park Item No. 3 — Surplus Request Item No. 4 — Resolution No. 2023-01 SR Parks and Recreation Item No. 5 — Resolution No. 2023-019R Emergency Declaration Authority 3 Consider approval of the minutes of the April 11, 2023 and April 25, 2023 Council Meetings and the April 18, 2023 Council Workshop. Consider approving a commercial plat consisting of 36.813 acres, platted into 6 lots and a storm water tract. Consider declaring surplus from the Police, Information Technology, and Procurement Department and dispose of in accordance with the Purchasing Policy. Consider implementing a dedicated fee for the Kehlor Recreation Center. Consider annual delegation authority for the Mayor to declare a state of emergency. City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 Item No. 6 - Piggyback Contract Item No. 7 - Piggyback Contract Item No. 8 - Task Order Approval Consider piggyback contract with Sunbelt rentals, Inc. to provide equipment and tool rental services. Consider Sourcewell Cooperative piggybacking contract with Caterpillar Inc., to provide electrical energy power generation equipment. Consider approval of a Task Order for professional engineering services with Halff Associates, Inc. to provide Hartwood Marsh road utility adjustments in the budgeted amount of $159,330. Council Member Purvis moved to approve Consent Agenda Items 1-8 as presented: Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicine ave. UNFINISHED BUSINESS Item No. 9 - This item was addressed earlier in the meeting and tabled to the June 13, 2023 meeting. NEW BUSINESS Item No. 10 - Resolution No. 2023-011 R, Salt Shack CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT, RESOLUTION 2012-21 AND RESOLUTION 2022-003R TO INCLUDE ADDITIONAL USES WITHIN THE PROPERTY; 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 stated that the applicant, Jimmy Crawford, Esq. is requesting a new Conditional Use Permit to revise existing restaurant restrictions applied within Resolution 2022-003R to allow outdoor dining use for the restaurant operation. The property is located at 846 West Osceola Street, formerly known as Lilly's on the Lake. The property owner in 2012 received a conditional use permit, Resolution 2012-21, for a building greater than 3,000 square feet to be used as a restaurant within the Central Business District with certain conditions that allowed outdoor uses. The 6,000 plus square foot building was constructed and opened in 2015. In 2021, a new resolution was approved with restrictions on the restaurant due to code violations from the previous operator. The applicant has indicated a new long-term operator, the Salt Shack, will be occupying the restaurant and controlling the property as part of their lease. The company has experience with a successful waterfront restaurant in Tampa and they would like to be able to use the full potential of the current property for outdoor dining. Several restaurants within the Central Business District use outdoor dining and entertainment areas as an integral and essential option. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 Staff has reviewed the CUP amendment in accordance to Sec. 86-144 of the Land Development Code. The proposed intensity, character and type of development is comparable to other restaurant uses within the Central Business District. Several restaurants have outdoor dining options. The site lends itself through the waterfront views and an open area adjacent to the east of the existing restaurant to offer outdoor dining. Staff recommends approval of Resolution 2023-011 R and reinstatement of the outdoor dining area. Jimmy Crawford, representing SS2, LLC, stated that they are the operators of Salt Shack in Tampa, FL, a family oriented waterfront restaurant. Mr. Crawford agrees with staffs report and stated there are representatives of the restaurant present if needed. Tonight's request is to reopen what is already there but will be back in three to six months to update on the renovations of the restaurant. Katherine Warner, COO for Salt Shack on the Bay, explained that they are a waterfront restaurant in Tampa that is fun and casual. The plans for the music is to have a piped in music system for background music and has no intentions of having musical events. There would be no loud music and they would stay within the city's noise ordinance and could shut off the music at 9pm if needed. City Manager Bulthuis stated that the building has been essentially gutted and they are working with the Building Department and Fire Department to bring the building up to code. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — expressed concern regarding amplified sound and activities. Otis Taylor, 3686 Caladesi — expressed support for outdoor seating. Mayor Murry closed the public hearing. Council spoke in support of the request. Council Member Pines moved to approve Resolution 2023-011R: Seconded by Council Member Entsuah. Passed unanimouslv 5-0 with all members present voicine ave. Item No. 11 — Variance Request, Johnson Market Sign Development Services Planner Kruse stated that the applicant, Darren Johnson, is requesting a variance to the Land Development Code (LDC), Section 102-8 Prohibit Signs, and exceptions; for a newly constructed commercial building located at 550 West Avenue. The property is located at the northwest corner of Minneola Avenue and West Avenue and the project is known as Johnsons Village Marketplace. The variance request is to allow for two (2) signs to be placed along the bottom portion of the pitched roof of the building. The architectural style of the building incorporates a gable roof with a porch around a portion of the building. The building sits approximately 4 to 6 feet below street grade and has mature trees along the rights -of -ways. The applicant has indicated what minimal fagade is available for signage, it is blocked and not visible from street level. If approved, the signs would be approximately 4 to 8 feet above street level. The applicant is requesting the signs to be installed in lieu of wall signs. The proposed signs would not exceed the square footage allowed under Section 102-15 for wall signage. Due to the architectural design of the building, the elevation of the lot, and the mature trees along the rights -of -ways, there appears to be a hardship for signage for this building that could not be placed except in the location requested by the applicant. Staff is able to support this request with specific conditions attached to the variance request. City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 The sign facing West Avenue would be the larger sign since this encompasses the longer length of the building. The sign would be limited to 43 inches high and 348 inches long. This would limit the sign to 104 square feet and to the wording "MARKET" as indicated within the submittal package. The sign facing Minneola Avenue would be the smaller sign since this is the smaller length of the building. The sign would be limited to 32 inches high and 276 inches long. This would limit the sign to 62 square feet and to the wording "MARKET" as indicated within the submittal package. The signs shall be installed at the lower location on the roof as indicated in the submittal package. A new variance will be required if the size of sign changes, the wording is changed, or substantial change is desired over the submittal package. 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 meet a positive finding on all of the five criteria. Therefore, staff recommends approval of the variance request with the conditions listed above such as sign size, sign wording, and location. The applicant, Darren Johnson was present. The word Market will be red illuminated LED lighted letters. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — expressed concern over the signage and inquired if Council Member Pines has to recuse herself as she sold the applicant the property. Otis Taylor, 3686 Caladesi - supports the request of the signs. Mayor Murry closed the public hearing. City Attorney Mantzaris thoroughly reviewed the item and does not see a conflict for Council Member Pines. Mr. Mantzaris brought up the conditions stated in staffs report placed on the variance and that the applicant needs to be okay with the conditions. Mr. Johnson stated he is okay with the conditions. Council spoke on the purpose of variances. Council Member Gonzalez moved to avvrove the variance reauest; Seconded by Council Member Pines. Passed unanimouslv 5-0 with all members vresent voicing ave. Item No. 12 — Variance Request, USA Roller Chain Development Services Director Henschel stated that the applicant, BG Southern Division LLC, is requesting a variance to the Land Development Code, Chapter 118 Vegetation, to allow for a reduction to the required landscape buffer. The subject property is located at 16310 Granville Avenue. The zoning is M- 1 Industrial, with an Industrial Land Use. The property was annexed in 2022. This required the landscape buffers to comply with Clermont codes. Section 118-37, Landscape perimeter buffers must be planted with three (3) trees per 100 lineal feet, two of the trees must be canopy trees. The right of way buffer must be planted with three canopy trees and five understory trees per 100 lineal feet. Based on the conceptual plan submitted for the site, there would be a requirement for 30 canopy trees and 20 understory trees. The minimum required code shows 30 canopy trees and 20 understory trees around the perimeter of the site. The applicants request tonight is to make a reduction to those trees to 5 canopy trees and 5 understory trees. City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 The Land Development Code, Chapter 118, requires a minimum perimeter landscape buffer adjacent to any rights of way and between abutting properties. The buffers must be planted with plant materials that meet the minimum code specifications, which shall include the required number of canopy trees, understory trees and the ability to provide a continuous row of shrubs/hedges that will create an opaque screen. The intent of the buffer is to enhance the aesthetic appearance and to minimize any adverse visual effects of industrial uses. Staff has reviewed the application and proposed project in regards to Section 86-174 of the Land Development Code, which requires a positive finding on all Review Criteria and Findings petition in order to grant a variance. Staff has reviewed the application as presented and finds the application does not meet a positive finding on all the review criteria. Therefore, staff recommends denial of the requested variance to the Land Development Code. Taylor Zigler, representing the applicant, stated that the retention pond on the property has created concern that any new trees will not survive. The south property line will include understory trees just no canopy trees due to the conditions. The north property line will become an easement with underground water lines which will restrict the growth of trees. The back of the property has a brand new retaining wall and installing trees gives concern for the integrity of the wall due to pressure of the trees. There are no issues installing trees in the front of the property. Mayor Murry opened the public hearing. Otis Taylor, 3626 Caladesi - inquired if crepe myrtles are considered a canopy tree. Mayor Murry closed the public hearing. Council Member Purvis inquired if these are valid reasons within the conceptual plan and if they are willing to compromise. City Manager Bulthuis recommend to table the item and have the applicant work with staff to see where the easements are located. Staff is going off of the original plan submitted. Council Member Purvis moved to table the variance request to June 13. 2023: Seconded by Council Member Entsuah. Passed unanimouslv 5-0 with all members present voicine Ue Item No. 13 — Variance Request, Citrus Tower Commercial Development Services Director Henschel presented the item. The applicant is requesting a variance to the Land Development Codes, Section 94-195, to allow for an elevation change up to 28 feet instead of the 15 feet maximum allowed for commercial development. The vacant 1.81 acre parcel is located on State Road 50, adjacent to Taco Bell, in the Citrus Tower Commercial Center. The zoning is C-2 General Commercial with Commercial Land Use. The applicant has indicated the overall topography changes that exceed the code requirements will impact approximately five (5) percent of the overall parcel. The project is proposing development of a 12,000 square foot medical office with lower level parking. The proposed development as designed does not require any additional variances to the code, and the office use is consistent with the existing development patterns in the area. City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 Staff finds the requested variance to allow elevation changes up to 28 feet could be considered extensive to the existing topography of the land and the adjacent properties. The parcel is vacant and the project may be designed in a less intense manner that may not require a variance. Staff has reviewed the application and proposed project in regards to Section 86-174 of the Land Development Code, which requires a positive finding on all Review Criteria and Findings petition in order to grant a variance. Staff has reviewed the application as presented and finds the application does not meet a positive finding on all criteria. Therefore, staff recommends denial of the variance request. Jimmy Crawford, representing the applicant, Dr. Kandra. Mr. Crawford stated that the medical practice is currently in Minneola and would like to have an office in Clermont. John Schmidt is the builder and has been working with the engineer for 6 months to configure a layout for this site which includes the parking under the building. Mr. Crawford went over the details of how they came to the layout for the site that they are presenting to Council. The applicants believe they have satisfied the requirements and worked with staff to come to a compromise. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Purvis asked if there was an elevator from the parking spaces to the building. Yes, there will be an elevator. Council discussed the property and their opinions on the request. Council Member Purvis moved to approve item 13 as presented; Seconded by Council Member Entsuah. Passed unanimouslv 5-0 with all members present voiciniz ave. Item No. 14 — Ordinance No. 2023-017 Intro AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 66, "UTILITIES" ARTICLE VII "WATER EFFICIENT IRRIGATION AND LANDSCAPE" DELETING SECTION 66- 207 `ENFORCEMENT" AND SECTION 66-221 "FINE SCHEDULE" AND CREATING NEW DIVISION 4 "ENFORCEMENT", SECTION 66-240 "ENFORCEMENT" AND SECTION 66-241 "PENALTIES"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Entsuah moved to introduce Ordinance No. 2023-017; Seconded by Council Member Pines. Passed unanimouslv 5-0 with all members present voicin¢ ave. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 Item No. 15 — Ordinance No. 2023-018, Impact Fee Schedule Intro AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION" ARTICLE VI, "FINANCIAL MATTERS" DIVISION 2 "IMPACT FEES'; AMENDING SECTION 2-264 "IMPACT FEE SCHEDULE" PROVIDING FOR A NEW IMPACT FEE SCHEDULE ADJUSTING AND INCREASING WASTEWATER, POLICE, FIRE AND RESCUE SERVICES AND PARKS AND RECREATION IMPACT FEES; FINDING THAT DUE TO EXTRAORDINARY CIRCUMSTANCES THERE IS A PRESENT AND IMMEDIATE NEED TO INCREASE THE WASTEWATER, POLICE AND FIRE RESCUE SERVICES IMPACT FEES; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Entsuah moved to introduce Ordinance No. 2023-018: Seconded by Council Member Pines. Passed unanimouslv 5-0 with all members present voicing ave. E City of Clermont MINUTES REGULAR COUNCIL MEETING May 23, 2023 ADJOURN: With no further comments, this meeting adjourned at 8:42 pm. ATTEST: Tracy Ackroyd Howe, MMC City Clerk 10 APPROVED: Tim Murry, �Mar