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06.13.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, June 13, 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 Police Chaplain James Pagan gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Dani Page, Tuscany Ridge - expressed concern regarding funds used for the Juneteenth event. Sharon Keys, 644 W. Osceola Street, Lincoln Park South Lake Alliance — invited all to the Juneteenth celebration. Brian Punch, 450 E. Lakeshore Drive — expressed concern regarding speeding on Lakeshore Drive between East Avenue and Hooks Street. City Manager Bulthuis asked Deputy Police Chief Gracyzk to meet with Mr. Punch regarding his concerns. Charlene Forth, 939 W. Desoto Street - spoke on elected officials. AGENDA CHANGES City Manager Bulthuis stated that Consent Agenda Item 7 --Clermont Main Street Events 2023 was being removed from the agenda and would be brought back at a later date. City Clerk Howe read a Juneteenth Proclamation and Mayor Murry presented the proclamation to Sharon Keys. REPORTS CITY MANAGER REPORT • June 20, 2023 City Council workshop is canceled • July 4, 2023 Planning and Zoning meeting canceled. • Wine Stroll on Friday from 6:30PM to 9PM. • Mega Food Truck Event on June 24 downtown. • Clermont Craft Beer Festival on June 25 at Waterfront Park. • Juneteenth celebration this Saturday at Waterfront Park. CITY ATTORNEY REPORT — No Report CITY COUNCIL REPORT Council Member Pines — No report. Council Member Gonzalez — No report. Council Member Purvis — • Urged all resident to research the history of Clermont. City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 Council Member Entsuah — • Attended Lake Legislative Breakfast. • Thanked staff for the Memorial Day event. Mayor Murry — • Attended Lake Legislative Breakfast. • Attended luncheon for the volunteers at the Clermont Performing Arts Center. • Memorial Day celebration went well, appreciate the work of the VFW. • Invited all to the Juneteenth celebration. City Manager Bulthuis announced that Public Services are doing regular preventive maintenance on fire hydrants. Council Member Entsuah inquired about the utility system going through an update. City Manager Bulthuis stated that there is an update and the system is currently down, will be back up next week. 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 — First Amendment to Lease Agreement Item No. 2 — Change Order Approval Item No. 3 — Piggyback City of Port Orange Contract and Budget Amendment Item No. 4 — Purchase of Vehicles for Police and Budget Amendment Item No. 5 — RFQ Award and Budget Amendment For Fire Station #2 Consider approval of the first amendment to extend the lease agreement for McKinney Park between the City of Clermont and the School Board of Lake County. Consider approval of Change Order 1 to the Public Works Facility furniture contract with Commercial Design Services, Inc. to acquire additional furniture in the amount of $27,604.01. Consider piggybacking contracts No.CA5252 with Shelly's Septic Tank, Inc. d/b/a/ Shelly's Environmental Systems to provide bio solids disposal services. Consider purchasing from the State of Florida contract number 25-00000-21-STC with Step One Automotive Group to acquire five (5) 2023 Ford F150 Police Responders in the amount of $224,975.00 with a Budget Amendment in the Infrastructure Fund in the amount of $400,000. Consider approval of RFQ award to Powell Studio Architecture LLC to provide design, architectural and engineering services for the construction of Fire Station #2 in the amount of $599,975.00 with a budget amendment for a project budget of $660,000.00. City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 Item No. 6 — Bid Award Item No. 7 — Clermont Main Street Events 2023 Road Closure Request Consider approval of bid award to CMM Roofing, Inc. to replace the roof at City Hall in the amount of $214,950. Consider the request from Clermont Main Street to approve the remainder of the 2023 season and road closures for all events. Council Member Purvis moved to approve Consent Agenda Items 1-6 as presented: Seconded by Council Member Pines. Passed unanimouslv 5-0 with all members present voicine ave. UNFINISHED BUSINESS Item No. 8 — Variance Request 274 Crystal Lake Drive Development Services Planner Kruse presented the item. This agenda item was continued from the April 11 and May 23 City Council meeting at the request of the applicant. The applicant has provided 2 options for additional parking that is a part of the packet. The property owner is requesting a variance to the Land Development Code 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 duplex, which compels the variance request. 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 an 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. Section 101-246 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 one of the five criteria. In addition, the parking options provided do not meet the code for a 5 foot side property setback. Staff recommends denial of the variance request. Applicant was not present. Mayor Murry opened the public hearing. Robert Lagada 143 W. Montrose Street — spoke in opposition to the variance request. Charlene Forth, 939 W. Desoto Street — spoke in opposition to the variance request. Mayor Murry closed the public hearing. City Manager Bulthuis confirmed with the City Clerk that the item was tabled to date certain for this meeting. Development Services Planner Kruse confirmed the meeting with the applicant's representative, Jimmy Crawford and received information from both Mr. Crawford and the applicant for this meeting. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 Council Member Purvis stated the request does not fit the neighborhood and it is not compatible. Council Member Purvis moved to deny Item No. 8, Variance Request for 274 Crystal Lake Drive. Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members Dresent voicing ave. Item No. 9 — Variance Request USA Roller Chain Development Services Planner Kruse presented the item. This agenda item was tabled from the May 23 City Council meeting. The applicant is requesting a variance to the Land Development Code, to allow for a reduction to the required landscape buffer. The subject property is located at 16310 Granville Avenue and the zoning is M-1 Industrial. The property was annexed in 2022, prior to the start of the new building. The applicant will be installing the required shrub row, majority of the understory trees and limited canopy trees. The site does have some limitations present that could be a hardship, such as underground utility placement and overhead electrical lines. The Land Development Code, Chapter 118, requires a minimum perimeter landscape buffer adjacent to any rights of way and between abutting properties. The intent of the buffer is to enhance the aesthetic appearance and to minimize any adverse visual effects of industrial type uses. Since the buffer contains less than the required number of trees, staff is unable to recommend approval of the variance request. However, City staff and the applicant met onsite on May 25 to discuss the landscape plan and options. A revised landscape plan has been submitted and is part of the packet. The applicant has increased the number of trees onsite; for a total of 24 trees. Staff understands the challenges onsite and is supportive of the revised landscape plan. Today, staff received an email of support from a property owner across the street, as well. The applicant, Taylor Ziegler, stated that she met with staff and they were able to add more landscaping and trees to come closer to what the code requires. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing. Council thanked the applicant for working with staff and compromising, they support the request. Council Member Pines moved to aDDrove the Variance Request based on the newly submitted elan: Seconded by Council Member Entsuah. Passed unanimously_ 5-0 with all members Dresent voicing ave. City Manager Bulthuis asked the owner of the company to explain what the company does. Scott Beckett, Owner of USA Roller Chains provided history of the business. The company is growing rapidly and will be moving the whole team in 2024. Item No. 10 — Ordinance No. 2023-017 Final 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. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 City Clerk Howe read the title aloud. City Manager Bulthuis presented the item. The current irrigation code includes language on irrigation time restrictions. Staff requested amending the code to impose a fine if someone is irrigating at improper times. The purpose of the amendment is to get residents to conserve water, comply with the code and be able to enforce the fine, if needed. Mayor Murry opened the public hearing. Bryan Bain, 3578 River Run, Code Enforcement Board Member — inquired why the code states that the Code Enforcement Board shall not have authority to reduce a fine. City Attorney Mantzaris explained that this is not a standard action under Chapter 162, Code Enforcement Board authority. In this capacity, the Code Enforcement Board is sitting as the appellate. The fine is to be set based on statute, the Code Enforcement Board only has one role which is to determine whether the violation occurred. Mayor Murry closed the public hearing. Council Member Purvis moved to approve Item No. 10 Ordinance No. 2023-017; Seconded by Council Member Pines. Council Member Entsuah confirmed that there is no sunset on this Ordinance. City Manager Bulthuis stated that he was correct. The motion passed by roll call vote 5-0. Item No. 11- Ordinance No. 2023-018, Impact Fee Schedule, Final 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 OF SCRIVENERS ERROR AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. City Manager Bulthuis presented the item. Under the State of Florida, cities and counties are allowed to charge impact fees for new development. The City of Clermont charges impact fees for Police, Fire, Parks & Recreation, Water and Sewer and Lake County handles Roads and Transportation. The city hired Raftellis to conduct a study on impact fees. Per state law, there were multiple meetings with city staff, two public workshops and the first and second reading of the ordinance. �1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 If Council finds there to be extraordinary circumstances then the city can adopt rates at a higher level instantly rather than phase them in over years. Staff is recommending Council adopt by extraordinary circumstances all but Parks & Recreation which will be phased in. There is a 90 day waiting period to increase the fees once the ordinance is adopted. If approved, the new fees will go into effect on October 1, 2023. Council discussed what can be purchased with impact fee funds. Mayor Murry opened the public hearing. Keith Mullins, Drew Avenue — spoke in support of increasing the impact fees. Mayor Murry closed the public hearing. Council Member Gonzalez moved to annrove Ordinance No. 2023-018: Seconded by Council Member Purvis. The motion Dassed by roll call vote 5-0. City Manager Bulthuis informed Council that it is recommended to review impact fees every three to four years. Mayor Murry stated that council can only raise fees every four years. NEW BUSINESS Item No. 12 — Variance Request, 1606 Indian Shores Drive Development Services Planner Kruse presented the item. The property owner is requesting a variance to the Land Development Code, for property located in the Indian Shores Subdivision. The variance request is to allow for a rear yard setback of 10 feet instead of 25 feet as required by the Land Development Regulations. The property is zoned R-1-A, Single Family Low Density Residential and the single family home was constructed in 2006. The owner would like to construct a patio addition, which includes extending the roof line coverage with the same architectural roofing materials (shingles) as the primary residence. The proposed structure meets the criteria for an addition to the home, instead of an accessory structure that is usually constructed with an aluminum roof that would be allowed to be located 10 feet from the rear yard property line. The patio may be constructed in a manner that allows habitation of the space. The proposed addition to the home may be considered as intrusive to adjacent property owners because the proposed addition to the home will be located approximately 10 feet from the rear property line instead of the required 25 feet. Section 101-246 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 five of the review criteria. Therefore, staff recommends denial of the requested variance. The applicant, Raymond Mason, is present and stated he would just like to extend the roof City Manager Bulthuis asked the applicant if the variance request was to enclose the space or just add a roof to have a covered patio. Mr. Mason stated the goal is to have a screened in porch. Council discussed the difference between a patio and a screened in porch and the applicant being able to enclose the whole space. City Manager Bulthuis asked Council to table the item to give staff time to work with the applicant. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street - expressed support. Mayor Murry closed the public hearing. Council Member Purvis moved to table the Variance Request to June 27, 2023; Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing Item No. 13 — Ordinance No. 2023-021, The Citrus Cabanas Rezoning, Introduction AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read the title aloud. Council Member Purvis moved to introduce Ordinance No. 2023-021: Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 13, 2023 ADJOURN: With no further comments, this meeting adjourned at 7:44pm. APPROVED: Tim Murry, Mayor ATTEST: J'xu�- Tracy Ackroyd Howe, MMC City Clerk