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08.22.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 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, Gonzalez and Purvis. Council Member Pines was absent. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Records Administrator Price. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Kendall Anderson of The Crossing Church gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Lake County Commissioner Parks spoke about the new Joint Planning Agreement being signed in the upcoming future. Mr. Parks brought up the Tourist Development tax, there are different things that can be done with the funds including funding trails. There is discussion on whether to increase the tax from 4% to 5%. Discussion ensued regarding Hooks Street from Hancock east and that the county is working on road alignment. The signals on State Road 50 will be changed to be longer and hopefully ease some of the traffic congestion. PUBLIC COMMENTS Brian Punch, 450 E. Lakeshore Drive — inquired about a stop sign to be placed on Lakeshore Drive. City Manager Bulthuis stated that there will be one placed and he will look into when it will be installed. David Falzone, 1375 Lake Avenue — expressed concern regarding property. Banks Helfrick, 9100 Sams Lake Road — sustainable living. Sherry Spivey, 505 Drew Avenue — expressed concern over street parking from parents of Aurelia Cole Academy. Dalila Lemos, 530 Drew Avenue - expressed concern over street parking from parents of Aurelia Cole Academy. REPORTS CITY MANAGER REPORT • Today is the Primary election. • Spoke about the parking issues on Pitt/Drew. The city has ordered signs to install and help with the issues. • The downtown project is moving into a more difficult area, just east of 8' Street. The area will be closed approximately 8-10 weeks. • City offices closed on Monday September 40' in observance of Labor Day. Council Member Purvis joined the meeting at 7:04 pm. City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 CITY ATTORNEY REPORT - No report. CITY COUNCIL REPORT Council Member Gonzalez • Attended a ride along with the Police Department. • Attended the Florida League of Cities conference. Council Member Purvis - no report Council Member Entsuah • Thank you to residents for bringing the Drew Avenue parking issue to the city's attention. Mayor Murry • Spoke about school. • Attended the Florida League of Cities conference. • Attended the Wesley Academy ground breaking. • Mayor's lunch will be September 5, 2023 at Amores. 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 Item No. 3 - Surplus Request Item No. 4 - Employment Policies Manual Amendment Section 4.8 Consider approval of the minutes of the July 12, 2023 and July 20, 2023 Council Budget Workshops and the August 8, 2023 Council Meeting. Consider a request for a replat of Citrus Tower Commercial Center to amend Lot 6 and Tract A to create Lot 7 located northeast of Citrus Tower Blvd and SR 50 intersection. Consider declaring end -of -life inventory as surplus from the Parks and Recreation, City Manager, Police, Information Technology, and Finance Department and dispose of it in accordance with the Procurement Policy. Consider amendment to Chapter 4: Compensation/Salary Administration, Section 4.8 Storm or Other Disaster Pay and Leave. City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 Item No. 5 - Term Contract Award Sanitary Sewer Manhole, Vault, and Lift Station Rehabilitation Item No. 6 - Term Contract Award Park Amenities Item No. 7 - School Resource Officer Agreement Item No. 8 - Resolution No. 2023-031 R Consider awarding term contract to US Infra Rehab Services, LLC, US Water Services Corporation, RCM Utilities, LLC., and Danus Utilities, Inc. Consider awarding a term contract to BSN Sports, LLC. And Treetop Products, Inc. to purchase park benches, picnic tables, and trash receptacles. Consider approval of the Imagine South Lake Charter School SRO 2023/2024 agreement. Consider approval to address the impacts of Chapter 2023-17, Laws of Florida, known as the Live Local Act. Jimmy Crawford pulled Item No. 8 for further discussion. Council Member Purvis moved to approve Consent Aeenda Items 1-7. Seconded by Council Member Entsuah. Passed unanimously 4-0 with all members present voicine ave. Item 8 — Resolution No. 2023-031R Jimmy Crawford, 702 W. Montrose Street — Expressed concern regarding the reference in the Resolution of development applications being delayed until an Ordinance is adopted which can take six months. Will any applications be processed in that time or will all applications be held until the adoption of the Ordinance. City Attorney Mantzaris stated that there is uncertainty regarding this bill which just came into effect. The purpose of the resolution is to address and acknowledge the uncertainty. There has been no directive to hold applications at this time but the review criteria is uncertain. When the city adopts a policy that is required under the act may have to create review criteria that does not exist at this point. We accept that the city could receive an application, the city does not have enough understanding of the bill to review that application completely. Discussion ensued regarding the Live Local Bill and current zoning requirements. Council Member Entsuah moved to approve Item 8. Resolution No. 2023-031 R: Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicine ave. City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 UNFINISHED BUSINESS Item No. 9 - Ordinance No. 2023-022 Final 02B Kids 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. Records Administrator Price read the title aloud. Development Services Planning Manager Kruse presented the item. The agent, Concept Development, Inc. is requesting a voluntary annexation of the subject property which is contiguous to city boundaries. The parcel is approximately 1.82 acres and has frontage on the south side of SR 50, between Ray Goodgame Parkway and Magnolia Pointe Boulevard. The property is currently under site review for development of an 11,000 square foot daycare center located in the John's Lake Landing PUD, Ordinance No. 2021-32, which was granted approval in Lake County and is approximately 309 acres. The applicant is requesting to continue development within the City and according to the approved PUD standards. The site will require City water and sewer services and has an older utility agreement adopted on November 28, 2007, which is currently in place for the entire John's Lake Landing project. The benefit of annexing into the City at this stage of the process will allow for Clermont jurisdiction over permitting and the collection of impact fees that are absent when a property is fully developed in Lake County and then annexed into the City at a later date. Upon annexation, the character of the property will be compatible with the adjacent Clermont properties as set forth in the utility agreement. Staff recommends the approval. The applicant, McGregor Love, stated that they concur with staff s recommendation and are available for any questions. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Discussion regarding changing uses of the property coming before council. City Manager Bulthuis explained that as long as they stay within the parameters of the zoning of the property then they would not have to come before council. Council Member Purvis moved to approve Item 9 as presented: Seconded bv_ Council Member Entsuah. The motion passed by roll call vote 4-0. NEW BUSINESS Item No. 10 - Administrative Appeal 821 West Minneola City Attorney Mantzaris introduced the item and explained to council that before them is an appeal by the petitioner of an interpretation of the city code that has been made by the administrative official of the city, city staff. This is a right of appeal that exists in the city code, which gives any property owner or developer the right to appeal a decision or interpretation in front of city council. Mr. Mantzaris explained the process and council's role and vote. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 Development Services Director Henschel stated that Patrick North, on behalf of Costal Investment Land Trust, is requesting this Administrative appeal in regards to the commercial parking calculation for the West End Market located at 821 West Minneola Ave. The West End Market is a 7,000 square foot building with multiple commercial occupancy uses within the building. Mr. North is requesting this appeal, under Section 101-302 of the Land Development Code, due to the fact that staff is not in agreement with the applicant's interpretation of the parking calculations within the Land Development Code. Chapter 115 Parking and Vehicular Use Areas of the Land Development Code specify the parking requirements. Specifically, sections 115-17, 15-14,115-3 all point out the requirements for parking within the Central Business District. City code also allows staff to utilize Institute of Transportation Engineering (ITE) manual to calculate parking ratios. In this case staffs calculation of the required parking count would be 21 parking spaces. There is a section of the code (115-14) that has an asterisk at the bottom of the parking table that says " A mixed -use project is exempt from minimum parking requirements". This was added to the code in 2018 with other parking amendments intended to lessen the requirement for parking on businesses. It was demonstrated at that time that business models have changed and require less parking. Staff never intended nor implied that parking should or could be eliminated, but could potentially be reduced based on specific uses. This code section was intended for a true mixed -use development with residential and commercial uses. The staffs position was that the residential portion of the project would not be required to provide parking, but the commercial portion would provide the minimum required parking spaces. Mr. North, in this case, pointed out, the West End Market is a "mixed -use" development which would not require parking. The staff position is that the West End Market is not a Mixed Use development and does not have the option of not providing parking on site. Currently, on the south end of the market there are 8 parking stalls, but they are not accessible via the main right-of-way access to the market. This appeal is on the determination of use and whether it is mixed -use in staffs view or the applicants view. City staff and the applicant are seeking direction from City Council on this item. The applicant, Patrick Bianchi, spoke about the designated land use of the property and the number of parking spaces required for the different land uses. City Attorney Mantzaris asked Mr. Bianchi for clarification on what he is appealing, the number of parking spaces or the requirement of parking spaces. Mr. Bianchi stated that they are petitioning the land use. The city is declaring the property one type of land use and they believe the property is a different land use. Mr. Mantzaris explained that the petition submitted states that the petitioner believes the land use to be mixed - use. Mr. Bianchi went on to explain that the citation they received did not determine the number of parking spaces. The land use that they believe the property is would exempt them from minimum parking requirements. The city's interpretation of the land use is calculating required parking spaces. City Manager Bulthuis stated that the city determined the property as a commercial land use and the petitioner is contending the property is mixed -use land use. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 Mr. Bianchi reviewed the history of the property and what the property is currently being used as. The petitioner hired IBC Engineering to assess the land use, as well as parking needs for the structure. Their professional opinion is that the structure is mixed -use therefore exempt from minimum parking requirements. Sections of chapter 115 of the Clermont Code of Ordinances regarding parking were recited. Section 115- 14 states that a mixed -use project is exempt from minimum parking requirements. The section of the code that defines what mixed -use is does not narrow the scope of what mix of uses they are referring to with respect to a mixed -use project. Mr. Bianchi spoke on what classifies as mixed -use and is exempt from minimum parking requirements and presented his interpretation of the ITE manual for parking calculations. City Attorney Mantzaris explained that this proceeding is different than a normal action by council. This is an appellate action proceeding that was established by the petitioner, public comment does not need to be heard until an action by council is to take place. Discussion ensued on the previous applications and permits for the property, uses of the property, the definition of mixed —use, the basis of the appeal and the action that is needed by council. Mayor Murry opened the public hearing. Roger Ocasio, 821 W. Minneola — owns a business at the address and his contract states retail and not mixed -use. Anna Hamlin, 535 Blue Cypress Drive — would like to see the parking spaces brought back. Dani Page, Tuscany Ridge — stated most people who park in that lot are not utilizing those businesses. Mayor Murry closed the public hearing. There was talk about the city leasing the parking lot in which staff will get with Mr. Bianchi at a later date regarding that. Council discussed being able to withdraw the item until discussions regarding leasing the parking lot was had. Mr. Mantzaris stated that if the item is withdrawn then Mr. Bianchi is forfeiting his right to appeal, he may table the item. Council Member Purvis moved to denv aimlicants aDDlication for anneal, item number 11 as Dresented in the aDDeal Detition before council. Seconded by Council Member Gonzalez. City Attorney Mantzaris clarified that this is based on a finding that this is not a mixed -use. The motion Dassed by roll call vote 3-1 with Council Member Entsuah oDDosine. Council discussed leasing the property. Mr. Bulthuis stated that staff will return with more information regarding leasing the property. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 Item No. 11 - Resolution No. 2023-032R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE OF 3.29 +/- ACRES OF CERTAIN REAL PROPERTY LOCATED IN LAKE COUNTY FOR USE OF A FIRE STATION FROM FIRST BAPTIST CHURCH OF CLERMONT, INC. FOR $740,250.00 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE ON THE PROPERTY AS PROVIDED HEREIN. Records Administrator Price read the title aloud. City Manager Bulthuis stated that the city has been working with First Baptist Church to acquire property in order to relocate Fire Station 2. The current station is on a small property and buying this would be the largest property for a Fire Station we will own. The city would like to close on this property as soon as possible, would like to be in construction or close to a year from now. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Purvis moved to adopt Resolution No. 2023-032R as presented; Seconded by Council Member Entsuah. Passed unanimously 4-0 with all members present voicin¢ ave. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 22, 2023 ADJOURN: With no further comments, this meeting adjourned at 9:20pm. n. Ns�FP•Ar�i�' APPROVED: t .� Tim Murr�Mar ATTEST: J40--e'7Ad---- Tracy Ackroyd Howe, MMC City Clerk 8