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08.08.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, August 8, 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 Entsuah, Pines, Gonzalez and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Father Mark Wajada of Blessed Sacrament Catholic Church gave the invocation followed by the Pledge of Allegiance. Agenda Change City Manager Bulthuis added Resolution No. 2023-029R, this is a banking resolution to allow proper signatories. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA APPROVING AND ADOPTING THE MULTI -PRODUCT BANKING RESOLUTION WITH FIFTH THIRD BANK INCLUDING THE DESIGNATION OF MAYOR TIM MURRY, MAYOR PRO TEM JIM PURVIS, CITY MANAGER BRIAN BULTHUIS, DEPUTY CITY MANAGER SCOTT DAVIDOFF AND CITY CLERK TRACY HOWE AS AUTHORIZED PERSONS TO CONDUCT CITY BANKING BUSINESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MULTI -PRODUCT BANKING RESOLUTION AND FURTHER AUTHORIZING THE CITY MANAGER TO APPOINT OR REMOVE CHANNEL ADMINISTRATORS AND AUTHORIZED PERSONS FOR THE CITY OF CLERMONT; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read title aloud. Mayor Murry opened the public hearing. Charlene Forth, 939 Desoto St. — inquired about the reason this is being done. Mayor Murry closed public hearing. City Manager Bulthuis explained that the city needs to update agreements. This Resolution updates our current agreement and puts the proper signatories in place to sign checks. Council Member Purvis moved to accent Resolution No. 2023-029R as presented: Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicin¢ ave. City Manager Bulthuis also stated that he would like to remove Item 8, Contract Amendment and Budget Amendment, from the Consent Agenda and discuss separately. City of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 PUBLIC CONEWENTS Charlene Forth, 939 Desoto St — spoke on public records and public comment at meetings. Council Member Purvis asked staff to schedule a workshop. REPORTS CITY MANAGER REPORT • Primary Election is August 22, there are three candidates for Seat 4. • School starts August 10, traffic on East Ave. will be busier with Aurelia Cole Academy opening. CITY ATTORNEY REPORT — No report CITY COUNCIL REPORT Council Member Pines — No report. Council Member Gonzalez — No report. Council Member Purvis — • Congratulations to Chief Broadway. Council Member Entsuah - No report. Mayor Murry — • Attended the Aurelia Cole Academy ribbon cutting. • Attended Teachers appreciation day. • Congratulated Chief Broadway as President of the Florida Police Chiefs Association. • Attended First Friday, there has been tremendous growth. He recommended a stage for music. • Attended Steeping out for Education, raised over 88,000.00 for the School Board. • Apologized for the confusion on Mayors luncheon for August. • Next Mayors luncheon will be September 5 at Amore. • He will be attending the Florida League of Cities conference later this week. Council Member Purvis wished a Happy Birthday to Council Member Gonzalez. 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 Consider approval of the minutes of the July 25, 2023 Council Meeting. City of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 Item No. 2 — Resolution No. 2023-022R Item No. 3 — Resolution No. 2023-025R Item No. 4 — Resolution No. 2023-027R and Budget Amendment Item No. 5 — Contractor Name Change CPH Consulting, LLC. Item No. 6 — Contractor Name Change Sunnnit Fire & Security, LLC. Item No. 7 — Piggyback Purchase and Budget Amendment Fire Apparatus Item No. 8 — Contract Amendment and Budget Amendment Victory Pointe Parking Lot Item No. 9 — Piggyback Contract Asphalt Pming Systems 3 Consider approval of Fiscal Year 2023 Budget Amendment to the following funds: General Fund, Infrastructure Fund, Building Services Fund, Cemetery Fund, Recreation Impact Fund, Police Impact Fund, Fire Impact Fund, Water Fund, Sewer Fund, Water Impact Fund, Sewer Impact Fund, Health Insurance Fund, and Community Redevelopment Agency (CRA) Fund. Consider approval of Fiscal Year 2023 Budget Amendment to the General Fund to create a Tree Restricted Fund and a Law Enforcement Restricted Fund. Consider the authorization to purchase land at 951 East Avenue in the amount of $199,900 plus closing costs with a budget amendment to the cemetery fund not to exceed $300,000.00. Consider approval of contractor name change from CPH Inc. to Trilon Group Holdings, LLC. d/b/a CPH Consulting, LLC. Consider approval of contractor name change from Deiger Service Corporation d/b/a Superior Fire of Florida to Summit Fire & Security, LLC. Consider approval to purchase from the Sourcewell contract number 113021-OKC-1 with Ten-8 Fire and Safety LLC to purchase one (1) Pierce Enforcer 107 Ascendant Aerial Apparatus and a budget amendment in the amount of $1,357,281. Consider approval of the sixth contract amendment between the City of Clermont and Traverse Group, Inc. to provide construction of a parking lot on West Avenue and Osceola Street and a budget amendment in the amount of $650,000. Consider approval to piggyback, the City of Gainesville contract with Asphalt Paving Systems, Inc. to provide micro -surfacing asphalt services on an as needed basis. City of Clermont NIINUTES REGULAR COUNCIL MEETING August 8, 2023 Item No. 10 — Piggyback Contract Watson Construction Services Item No. 11— Piggyback Purchase F-150 Vehicle for Fire Item No. 12 — Bid Award Real Estate Broker Sen1ces Item No. 13 — Bid Award HVAC Semices Item No. 14 — Police Department Budget Amendment Consider approval to piggyback the City of Gainesville's contract with Watson Construction Company, LLC. to provide micro -surfacing asphalt services. Consider approval to purchase from the Florida Sheriffs Association contract number Heavy Trucks and Buses FSA 22-VEH20.0 with Duval Ford to purchase one (1) Ford F-150 Special Service Vehicle for the budgeted amount of $44,660. Consider approval of RFP award and term contracts to Horizon Real Estate Solutions and RE/MAX Titanium to provide as -needed real estate broker services. Consider approval of RFP award and term contract to Westbrook Service Corporation to provide as -needed comprehensive heating, ventilation, and air conditioning (HVAC) systems and services for all city -owned facilities. Consider approval of Budget Amendment to Police Building Maintenance and Repair Line Item in the amount of $12,000. City Manager Bulthuis pulled Item No. 8 for further discussion. Council Member Gonzalez moved to anvrove Consent Agenda Items 1-7 and 9-14: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing ave. Item 8 — Contract Amendment and Budget Amendment — Victory Pointe Parking Lot City Manager Bulthuis stated that this item is a proposal for Traverse Group to construct a parking lot at Victory Pointe, West and Osceola, in the amount of 650,000.00. Mr. Bulthuis showed a PowerPoint presentation regarding parking in the downtown area. There are many private lots within downtown but not many public lots. Spoke on the number of parking spots currently in the downtown area and how many more this lot will add. There was a study for a parking deck at City Hall with a cost of $13.5 million, the City does not have the funds for that project. There have been many properties the city has looked at in regards to parking but has not been able to acquire those properties. Mr. Bulthuis reviewed the proposed parking lot design, which has changed from the original, and that it will add 113 spaces and is assessable to the trail and downtown. Run off from the parking lot will be directed to Victory Pointe as that is the purpose of Victory Pointe. 4 Cite of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 Mr. Bulthuis brought up Resolution 58-065 that was passed in 1958 regarding lakefront property. He explained that this Resolution does not apply to this property as records show parcels were purchased from private owners or the city has always owned the land and did not acquire from Lake County. Staff recommends approval of the item. Mayor Murry inquired if moving the parking lot from the original design will increase the cost. The cost may change with the redesign. Mayor Murry opened the public hearing. Nikki Marks, Clermont Cabanas — spoke on making the space greener and the consideration of asphalt at the lakefront. Kimberly Grogan, Main Street — pleased with the addition of a parking lot. Chris Vallard, 773 W Montrose — spoke on businesses not having enough parking and handicapped parking downtown. Keith Mullins, Drew Avenue — In support of the parking lot, work with what we have. David Colby, 3072 Santa Maria Ave. — In support, we need a parking garage. Charlene Forth, 939 Desoto St. — In opposition of the parking lot, read Resolution 58-065. Otis Taylor. 3686 Caladesi — In support, make use of the land we have for now. Ronaldo Camargo, 1212 S. Grand Hwy. — In support of the parking lot. Mayor Murry closed the public hearing. Council Member Pines asked City Manager Bulthuis if the Resolution that was read during public comment was the same Resolution he spoke about during his presentation. The resolution is the same and Mr. Bulthuis reiterated this Resolution does not apply to this property. City Attorney Mantzaris stated that staff has looked at the issue very closely, the majority of the land was purchased and the rest was owned by the city prior to 1958 so the resolution does not apply to this property. City Manager Bulthuis addressed the question of making the space greener, part of the property has trees that will be left and the landscaping will be Florida native plants. Development Services Director Henschel spoke about the definition of Florida native landscaping. There was discussion on pavers versus asphalt. In doing the pavers, it is difficult to control the runoff that needs to go to Victory Pointe. The parking lot being further from the center of downtown was addressed and the plan is to have space all over the city instead of one parking deck at City Hall. The question of why this is happening now was addressed, during the budget process there were funds to be able to do this project. Council Member Entsuah asked is there could be a time limit or sunset date on this parking lot. City Attorney Mantzaris stated that this council cannot bind a future council to follow what this council feels. Council Member Purvis moved to aomove Consent Agenda Item 8. Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicing ave. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 UNFINISHED BUSINESS Item No. 15 — Ordinance No. 2023-020, Sidewalk Caf6 Permit LCD Amendment, Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 125, SECTION 125-526 SIDEWALK CAFE; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Director Henschel presented this item. The proposed changes will add language to clarify and enforce additional standards and criteria requirements for the permit. The amendment will add the language that private trash containers are required for each permit and the city will not be responsible for trash collection relating to the sidewalk cafe permits. The amendment will also require the owner to renew the sidewalk caf6 permit on an annual basis. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. City Attorney Mantzaris informed Council that effective July 1, a Business Impact Estimate, which is required for certain Ordinances, has been posted to the city's website, and is also included in the packet. This estimate is to inform businesses of potential increases in operating expenses. Council discussed the item and what has been noticed with businesses trash from sidewalk cafes. Council Member Entsuah moved to annrove Ordinance No. 2023-020: Seconded by Council Member Pines. The motion passed by roll call vote 5-0. NEW BUSINESS Item No. 16 — Variance Request, 458 Carroll Street Development Services Director Henschel presented this item. The property owner is requesting a 3-foot side yard setback variance for the construction of a bathroom addition and remodel to the existing single family residence. The subject property is located at 458 Carroll Street and the property zoning is R-2 - Medium Density Residential. The Land Development Code requires a minimum of a 7.5 foot side yard setback for this R-2 zoned property. The single family home was constructed in 1958 with one and a half baths. The owner would like to remodel the home and construct two full bathrooms for convenience and enjoyment of the home. The home will encroach approximately 3 feet into the required 7.5 foot setback. The applicant has provided several support letters from the neighbors which includes the adjacent neighbor. Section 86-174 of the Land Development Code requires a positive finding on all of 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 review criteria and findings for granting a variance. Therefore, staff recommends denial of the variance request to the code. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 The applicant, John Godfrey, stated that staff had positive findings on four out of the five criteria needed for approval. The addition which is a total of 35 square feet is on the garage side of the neighbor's home so will not affect them. There will still be 12 feet between the homes which is room for any equipment if need be to get through. Mr. Godfrey presented council with support letters from all neighbors and explained the reasoning for wanting to turn the half bath into a full bath. Mayor Murry opened the public hearing. John Maguire, 463 Carroll Street — In support. Mayor Murry closed the public hearing. Council spoke about the thoroughness of the application. Council Member Gonzalez moved to approve Item 16, variance request for 458 Carroll Street: Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. Item No. 17 — Ordinance No. 2023-022, 02B Kids, Introduction 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. Deputy City Clerk Wisniewski read the title aloud. Council Member Entsuah moved to introduce Ordinance No. 2023-022: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing ave. Item No. 18 — Ordinance No. 2023-024, Comprehensive Plan Amendment, Introduction/Transmittal AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 Development Services Planning Manager Kruse presented the item. The applicant, VHB, has requested an amendment to the Future Land Use Map. The applicant is requesting the City to designate the property with a future land use category consistent with land uses within the Wellness Way Urban Service Area (WWUSA) upon annexation. The subject site is approximately 250 acres in size. The property has historically been used for agricultural purposes. The applicant has three pending requests before the City of Clermont. These include: (1) Annexation, (2) Comprehensive Plan Amendment, and (3) rezoning to a Planned Unit Development (PUD). Due to the required review by the State of Florida Department of Economic Opportunity (DEO) for the amendment to the Comprehensive Plan, this application is being presented to the City Council to make a recommendation for transmittal. If transmitted, the State agencies will review and render their comments prior to a public hearing on the adoption of this amendment. The anticipated adoption hearing will be in October of 2023. The property has 2 existing Future Land Use designations in unincorporated Lake County. The western portion, approximately 56 acres, is Multi Use W District, and the eastern portion, approximately 191 acres, is Neighborhood District. The County adopted Wellness Way Future Land Uses identical to the City of Clermont with the goal of having a consistent development plan within the WWUSA. The Wellness Way Comprehensive Plan amendment was originally adopted by the City on February 28, 2023 and Lake County on June 6, 2023. Upon annexation, the property will receive the same Future Land Use Designation, Multi Use W District and Neighborhood District, within the City of Clermont as it currently exists in Lake County. The residential density and non-residential capacity for the project will be governed by the City's Comprehensive Plan Policy 2.3.2: Future Land Use Categories Capacity Allocation tables. The applicant has requested a rezoning to a Planned Unit Development requesting up to 699 dwelling units and up to 229,000 square feet of non-residential uses. The City is not recognizing these entitlement numbers at this time. The PUD will be considered by City Council during the adoption phase of the Comprehensive Plan Amendment to ensure that the proposed development density and intensity is in incompliance with Policy 2.3.2. In addition, the development standards for the PUD will be required to meet the Wellness Way Design Guidelines that were adopted by the City on June 28, 2022. The subject property is located entirely within the City of Clermont Utility Service Area and is adjacent to the city limits. The project is located within the City's JPA and ISBA boundary, and the city can provide adequate public facilities and services. The application is consistent with Objective 2.3, Policy 2.3.1 and 2.3.2, of the City of Clermont Comprehensive Plan. Staff supports the applicant's request for a change from Lake County Multi Use W District and Lake County Neighborhood District to the City of Clermont Multi Use W District and City of Clermont Neighborhood District and recommends transmittal of the comprehensive plan change. The Planning and Zoning Commission recommended transmittal, 5-1. Council Member Pines moved to introduce Ordinance No. 2023-024 and transmittal of the Comprehensive Plan Amendment: Seconded by Council Member Purvis. The motion passed by roll call vote 5-0. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING August 8, 2023 ADJOURN: With no further comments, this meeting adjourned at 8:19 pm. ATTEST: J Tracy Ackroyd Howe, MMC City Clerk 0 APPROVED: Tim Murry,Nfayor�