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11.28.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, November 28, 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, Myers, Pines and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplin Pagan gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Commissioner Parks congratulated and welcomed Council Member Myers. The traffic signal planned for Wellness Way and US Highway 27 is in the final engineering stage. Manufacturing can take up to a year to complete due to it being a custom signal. Traffic at that intersection is heavier than anticipated and Lake County is working on temporary solutions to alleviate issues until the signal is in place. Some suggestions have been to only allow a right hand turn from Wellness Way to US Highway 27, another is to have message boards out in that area telling drivers to be careful. The County Commission approved the five year update to the transit plan. The North Lake to South Lake connection is funded and should be running in the first half of the coming year. There is a special part that calls out on demand transit for Wellness Way, the four corners are, and the Wolf Branch Innovation district in north Lake County. There will be an increase in the number of stops and some routes will be seven days a week. Mayor Murry inquired about the re-signalization of traffic lights on Highway 50. Commissioner Parks said he believes they have started on that. Council Member Pines asked where drivers would make a U-turn if they will not be able to make a left hand turn from Wellness Way US Highway 27. Commissioner Parks stated that there would need to be a conversation to figure out the logistics and he will work with City Manager Bulthuis regarding that. Council Member Purvis asked if they can look into getting street lights at that intersection as it is dark. City Manager Bulthuis explained that part of the issue with the traffic signal is getting FDOT to approve. Commissioner Parks stated that they have a verbal approval from FDOT but nothing in writing. Discussion ensued regarding traffic on Highway 50 due to Costco opening and that drivers are using Highway 50 as an alternative to the turnpike with the construction going on. Council Member Myers spoke about traffic issues at Hancock and Highway 50, drivers are making left hand turns on Hancock where it is a right turn only and crossing over the emergency barrier. Commissioner Parks stated that he will get with the County Engineer and drive through that area. Mayor Murry asked about repaving the south side of Citrus Tower Blvd. Commissioner Parks stated the he believes its due soon. City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 PUBLIC COMMENTS Banks Helfrich, 9100 Sams Lake Rd. — spoke regarding "Keep Lake Beautiful". Frankie Ramsen, 369 Sky Valley St. — thanked the City for the lighting in the subdivision. Asked for lighting at North Ridge and Citrus Tower Blvd. Paula Hoisington, 564 E. Desoto St. — thanked the council for having staff work on the sidewalks around Aurelia Cole Academy. Charlene Forth, 939 W. Desoto St. — expressed concern on the statement the Mayor makes regarding public comments. Mayor Murry commented the language is in there for the public to enjoy a meeting without foul language. Council Member Purvis expressed his opinion on the statement and the need for it to be read. City Manager Bulthuis explained that the city is not trying to prohibit free speech. Mr. Bulthuis referred to City Attorney Mantzaris regarding state law. City Attorney Mantzaris stated that the statement is written to be consistent with the public participation act and is unaware of any statues that have been violated in regards to the statement. Under the previously mentioned public participation act, it allows for the Council to maintain proper conduct and decorum for the meeting. City Attorney Mantzaris read the public participation act for the record. AGENDA CHANGES City Manager Bulthuis informed the Council that there are a number of changes. Items 16 — 21 are requesting to be tabled. City Attorney Mantzaris explained that these items were heard at the November 7, 2023 Planning & Zoning Commission meeting. Four out of the seven members were present and it was believed a quorum was met and the meeting was held. In 2010 Council re -structured the Planning & Zoning Commission from ten to seven and intended the quorum was to be from five to four members. After the meeting it was discovered that the ordinance did not specifically address the reduction of the quorum. It is necessary for the items that were on that agenda to go back before the Planning & Zoning Commission and then return to Council. The last item on this agenda is an introduction to clarify the 2010 ordinance. City Attorney Mantzaris clarified that the first two items on the agenda, resolutions related to the budget, have to be the first action item taken at the meeting. He asked council to handle the motions for the agenda changes after the two resolutions are heard and voted on. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Light up Clermont is Friday from 5:30pm — 9pm with the tree lighting at 7pm. • Parade is Saturday and begins at Waterfront Park at 1 Oam. • December 8 is Cookies and Cocoa downtown. 0 Asked residents to shop local. City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 CITY ATTORNEY REPORT No report CITY COUNCIL REPORT Council Member Purvis — no report Council Member Myers — • Thanked the voters for the opportunity to serve. • Working on getting a citizen's budget review committee. • Meeting with all Directors. • Will attend the Florida League of Cities conference. Council Member Pines — • Council is the budget oversight committee, we have public meetings and residents can voice opinions, not in favor of this. Council Member Purvis stated he thought this was a discussion that would be at a future workshop. This is a fundamental change with no forethought, discussion or background. Not in support of this. Council Member Gonzalez — • Attended the Fire Department pinning ceremony, luncheon for the Veterans and Coffee with a Cop. • Will attend Florida League of Cities conference. • Does not see the need for a citizens budget committee, will not support. Council Member Myers voiced her reasoning on letting citizens look at the budget and give opinions. Council Member Pines stated that every citizen has the right to be involved in every budget hearing and workshop and to give their opinions. Furthermore, she has only heard accolades regarding the transparency of the budget. Mayor Murry — • Spoke about the basketball game between Clermont Police and Lake County Sherriff s Office on December 8. • Mayor's luncheon on December 5 at Suncreek Brewery. • Will attend the Florida League of Cities (FLC) conference next week. • FLC local chapter will meet in Clermont at the City Center on December 8. • Attended Dancing Under the Stars. • Mayor Murry said he does not think a budget oversight committee is needed. Council has the budget workshops to be transparent and open to the public. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 BUDGET PUBLIC HEARING Item No. 1 — Resolution No. 2023-049R A RESOLUTION OF THE CITY OF CLERMONT OF LAKE COUNTY, FLORIDA, RE -ADOPTING AND AFFIRMING THE FINAL LEVYING OF AD VALOREM TAXES FOR FISCAL YEAR 2023-2024; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read into the record Resolution No. 2023-049R in its entirety. City Manager Bulthuis stated that per State Law there has to be two ads run for the budget. There was an error on one of the ads therefore we have to re -adopt the millage and the budget. City Manager Bulthuis introduced the city's auditor to explain the error. A PowerPoint presentation was provided to compare the original ad to the new ad. The overall budget is staying the same. The auditor showed the old and new overall notices of the tax levy. The total levy has not changed, only some of the verbiage. The State requires the city to budget 95 percent of the proposed tax levy. The amount shown on the original ad was calculated to less than the 95 percent, due to showing the Community Redevelopment Agency (CRA) funds as separate from the general fund. City Manager Bulthuis explained that the city did not show the CRA funds as revenue in the General Fund. To correct this the city has to show the funds in the General Fund and then it gets transferred to CRA. Nothing in the budget changed except how it is shown on the summary ad. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto — expressed concern regarding the budget. Mayor Murry closed the public hearing. Council Member Pines moved to approve Resolution No. 2023-049R: Seconded by Council Member Purvis. The motion passed by roll call vote 4-1 with Council Member Mvers onnosine. Item No. 2 — Resolution No. 2023-05OR A RESOLUTION OF THE CITY OF CLERMONT OF LAKE COUNTY, FLORIDA, RE -ADOPTING AND AFFIRMING THE FINAL BUDGET FOR THE FISCAL YEAR 2023-2024; PROVIDING FOR AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read into the record Resolution No. 2023-05OR by title only. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing Council Member Pines moved to annrove Resolution No. 2023-050R. Seconded by Council Member Purvis. The motion nassed by roll call vote 4-1 with Council Member Mvers onnosine. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 AGENDA CHANGES Item No. 16 — Ordinance No. 2023-029, Waterbrooke Phase 7 Annexation AN ORDINANCE OF THE CITY COUNCIL 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 Pines moved to table Ordinance No. 2023-029 to January 9. 2024: Seconded by Council Member Gonzalez. Passed unanimouslv 5-0 with all members Dresent voicine ave. Item No. 17 — Ordinance No. 2023-030, Waterbrooke Phase 7 SSCPA AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SMALL-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 SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to table Ordinance No. 2023-030 to January 9. 2024: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing ave. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 Item No. 18 — Ordinance No. 2023-031, Waterbrooke Phase 7 Rezoning 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, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to table Ordinance No. 2023-031 to January 9. 2024: Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members Dresent voicine ave. Item No. 19 — Ordinance No. 2023-032, LDC Amendment AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 123-VEGETATION, SECTION 123- 102-ISSUANCE; CRITERIA FOR TREE REMOVAL; TREE REPLACEMENT STANDARDS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to table Ordinance No. 2023-032 to January 9. 2024: Seconded by Council Member Purvis. Passed unanimouslv 5-0 with all members Dresent voicine ave. Item No. 20 — Resolution No. 2023-041 R, Plaza Collina PUD Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AN AMENDMENT TO THE PLAZA COLLINA PLANNED UNIT DEVELOPMENT (RESOLUTION NO. 2015-08), TO ALLOW FOR SHARED INTERNAL DRIVEWAYS AND INTERNAL LANDSCAPE BUFFERS TO BE LESS THAN THE MINIMUM CODE REQUIREMENTS FOR PARCELS IDENTIFIED AS PODS F AND H, WITHIN A PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 Council Member Gonzalez moved to table Resolution No. 2023-041R to January 9.2024: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing ave. Item No. 21 — Resolution No. 2023-042R, 71 Street Commercial Conditional Use Permit A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A COMMERCIAL BUILDING AND RESTAURANT OCCUPYING MORE THAN 3,000 SQUARE FEET OF FLOOR AREA IN THE CBD - CENTRAL BUSINESS DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Gonzalez moved to table Resolution No. 2023-042R to January 9.2024: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing ave. 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. 3 — Meeting Minutes Item No. 4 — Resolution No. 2023-04OR Capitalization Policy Item No. 5 — Resolution No. 2023-048R Fiscal Year 2023 Budget Amendment #8 Item No. 6 — Single/Sole Source Agreement Approval Crime Mitigation Network Item No. 7 — Professional Consulting Services Agreement Item No. 8 — Term Contract Award Dumpster Collection and Disposal Services Consider approval of the November 14, 2023 Council meeting minutes. Consider adoption of a stand alone policy related to the capitalization of assets in alignment with industry best practices. Consider approval of budget amendment #8 for the Fiscal Year ending September 30, 2023. Consider approval of single/sole source service agreement with FUSUS for the Clermont Police Department at an initial budgeted cost of $32,800. Consider extending the Levey Consulting Agreement in the budgeted amount of $70,000 in Fiscal Year 2024. Consider term contract award to Waste Pro of Florida, Inc. and Waste Connections of Florida, Inc. to provide citywide dumpster collection and disposal services. Item No. 9 — Bid Award Consider bid award to Main Street Mower, Inc. City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 Compact Utility Loader Item No. 10 —Piggyback Purchase Fire Department Vehicles Item No. 11 — Piggyback Contract Purchase of Scoreboard and Displays Item No. 12 — Piggyback Purchase Police Department Vehicles Item No. 13 — Bid Award Public Safety Vehicle Equipment Installation Item No. 14 — Police Pension Board Appointment Item No. 15 — Lake Sumter Metropolitan Planning to purchase one compact utility loader in the budgeted amount of $52,277.40. Consider approval to purchase from the Florida Sheriffs Association contract number FSA23- VEL31.0 with Garber Chevrolet and Garber Ford to purchase two (2) Chevrolet Express Passenger Vans for the total budgeted amount of $95,482.20 and two (2) Ford Expeditions for the total budgeted amount of $118,424.80. Consider approval to piggyback the Sourcewell term contract with Nevco Sports, LLC. to provide scoreboards, digital displays, and video boards. Consider approval to purchase from the State of Florida contract number 25-10000-23-STC with Step -One Automotive to purchase 2 Jeep Grand Cherokees for the total budgeted amount of $87,428 and 2 Ram 1500s for the total budgeted amount of $80,900. Consider awarding a term contract to Public Safety Supply, LLC. to provide installation services for public safety vehicle equipment. Consider appointing Kelly Cartier to fill the unexpired vacancy on the Police Pension Board through December 31, 2023 and the next two (2) year term expiring on December 31, 2025 Consider appointing Michael Gonzalez as MPO Board Member; Chandra Myers as MPO Alternate Board Member; James Maiworm as MPO Technical Advisory Board Member; John Kruse as MPO Technical Advisory Alternate Board Member and the reappointment of Vincent Niemiec to the Community Advisory Committee. Charlene Forth pulled Consent Items No. 10 and 12 for further discussion. Council Member Pines moved to approve Consent Aeenda Items 3-9. 11 and 13-15 as presented: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicine ave. City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 Item No. 10 - Pieevback Purchase. Fire Department Vehicles Charlene Forth, 939 W. Desoto St. — inquired on the need for the vehicles and why they are on the consent agenda. Council Member Purvis stated these vehicles were a budgeted item this fiscal year. Fire Chief Ezell explained that these vehicles were discussed during the budget workshop earlier in the year. One of the vans is to replace a suburban that has been largely inoperable for the last two years, the other is for training instructors so they are not using their personal vehicles for city business. The two Expeditions are replacement vehicles. Item No. 12 — Piesvback Purchase. Police Department Vehicles Charlene Forth, 939 W. Desoto St. — inquired on the need for the vehicles and why they are on the consent agenda. Deputy Police Chief Graczyk explained the vehicles are to replace vehicles that have reached end of life. The trucks will go to the training division and one vehicle will go to a Captain. Council Member Pines stated that the item on the agenda and posted on the website, they are routine items. City Manager Bulthuis stated that the Police Department has roughly one hundred vehicles, each vehicle averages six to seven years so the department is always having to replace vehicles. Council Member Pines moved to accept Item No. 10 and Item No. 12 on the Consent Aeenda: Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voiciniz ave. UNFINISHED BUSINESS Item No. 16 — This item was addressed earlier in the meeting and tabled to the January 9, 2024 meeting. Item No. 17— This item was addressed earlier in the meeting and tabled to the January 9, 2024 meeting. Item No. 18 — This item was addressed earlier in the meeting and tabled to the January 9, 2024 meeting. Item No. 19 — This item was addressed earlier in the meeting and tabled to the January 9, 2024 meeting. NEW BUSINESS Item No. 20 — This item was addressed earlier in the meeting and tabled to the January 9, 2024 meeting. Item No. 21 — This item was addressed earlier in the meeting and tabled to the January 9, 2024 meeting. Item No. 22 — Variance Request, Rusty Truck Diner Development Services Director Henschel presented the item. The applicant, Jose Gonzalez, is requesting two variances to the Land Development Code for a parcel located at 1800 South US Highway 27 and the zoning is C-2 with a Commercial Future Land Use Designation. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 The first request is under Chapter 117-Signs, to allow for an inoperable vehicle (rusty truck) as signage and to allow the truck to be located on a landscaped island for display, in addition the applicant is asking to allow a giant Adirondack style chair be displayed near the main entrance of the building. The applicant has indicated the purpose of these is to draw attention to the business location. Clermont Sign Code, Chapter 117, allows each business establishment to be allocated a certain type, number, location and specific amount of signage based on certain criteria and provisions. The proposed truck and chair used as signage does not meet this criteria. The City Council approved on March 10, 2020 a variance to allow for the inoperable vehicle and giant chair to be a permitted use at this business establishment for one (1) year from the date of approval. The applicant was required to reapply for the variances after the one-year approval expiration date of March 11, 2021. The second variance request is to allow for the elimination of the landscape buffer plant materials as required by Section 123-43. Currently, the property has an outstanding code enforcement violation recorded lien for the signs and the lack of landscaping, which is approximately $41,750. This continues to accrue at $250 daily until compliance is met on the property. The rusty truck and chair have been removed pending the outcome of the variance public hearing. The front landscape buffer is currently in violation of the landscape code. Although staff recognizes the intended concept of the variance request, staff finds the requested variance is out of character with the intent and purpose of the sign code and not in character with the surrounding development patterns in the vicinity. The purpose of the buffer is to enhance the commercial corridor with an aesthetically pleasing appearance while preserving the environment. Section 101-246 of the Land Development Code requires the application to meet a positive finding on the Review Criteria and Findings in order to grant a variance. City Staff has reviewed the variance application as submitted and finds the application does not meet a positive finding on all of the review criteria. Therefore, staff recommends denial of the requested variances. The applicant, Jose Gonzalez, stated that this variance was approved in 2020 and there is no difference in what he is asking for today. Mr. Gonzalez listed other businesses in the area who have received variances similar to what he is asking for. The variance is not requesting anything out of character. The landscape buffer was from when the site plan was presented and US Highway 27 ran right in front of the business. Currently the business sits back from the service road and has a hard time being seen and identified which is why there is a request to remove the buffer. The neighboring businesses have their buffers removed and they would like the same visual. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto St. — expressed concern on selective enforcement. Mayor Murry closed the public hearing. City Attorney Mantzaris clarified to Council that each variance is based on that property, not what went on elsewhere in the city. Council Member Myers asked the applicant if the business was open. The applicant stated that the business was not currently open but they are planning to open again. Mayor Murry stated that he feels the business is very visible. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 City Manager Bulthuis said in order to re -open the business, there are things that have to happen, he encouraged the applicant to work on bringing the business up to code and then return and apply for the variance. Mr. Gonzalez stated that the only issues is what he is coming before Council with for the variances. Council Member Pines stated she would rather table the item and bring it back to Council when the business is open. Mayor Murry said he is not inclined to give variances to a closed business, suggested tabling to when the business is ready to open. Council Member Purvis moved to denv the variance request; Seconded by Council Member Pines. Passed unanimouslv 5-0 with all members Dresent voicine ave. Item No. 23 — Variance Request, The Music Store Development Services Planner Kruse presented the item. The applicant, Ricardo Barclay, is requesting a variance to the Land Development Code to allow for the number of off -site signs and placement of the signs to exceed the maximum permitted by the code. The property zoning is C-2 General Commercial with a Commercial Future Land Use Designation. The land development regulations have specific requirements for the number, size, location, and type of signs allowed for commercial development. The property is located in the Citrus Tower Commercial Center. The applicant has directional signage internally on a light pole, a fence and on a palm tree. They are requesting the existing signs be allowed to remain as they are, because the business location is hidden all the way in the back of the shopping center and without the signs the business may be required to close. He states the business is still losing about 50 percent of the potential customers because of the hidden location. The sign code prohibits signs being erected without a permit unless the signs are exempt from the provision of the code. The subject property has been issued a code enforcement violation warning with regards to the existing number of signs and location of the signs. Currently, the subject parcel has an open code enforcement case for the existing added signs. 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 of the five criteria. Therefore, staff recommends denial of the requested variance. Ricardo Barclay, owner of The Music Store stated that his business is the only one in the back of the building, everyone else is in the front. Without the signage, people would not know where the business is located, which would mean less business and closing. When driving into the plaza, it is difficult to location the business. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto St. — expressed concern on selective enforcement. John Glitten, 141 S. US Hwy27 — in support of the variance. This store is in a different position than any other store in the plaza as it is in the back and the others are frontage facing. Medina, 141 US Hwy 27 — in support of the variance. Without the signage, people will not know to go to a dead end of the plaza. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 Max Krzyminski, 3497 Embers Lane - expressed concern over setting a precedence for signage when there is a lot of mixed use projects coming to the city. Mayor Murry closed the public hearing. Council Member Purvis asked the applicant if he saw the location prior to renting space for his business. Mr. Barclay stated that he did see the location. Realtors do not want to meet with small businesses, they want big names. The small businesses are not finding much because they are getting priced out so the option was this location or closing the doors. Council Member Pines stated that this is an individual request and she feels the Council needs to help in this instance. Mayor Murry said he wants to help the applicant but that is too many signs. City Manager Bulthuis spoke about the appropriate size of a directional sign and the size of the applicants sign by the fence on the property. He spoke about being able to see the directional signs from different points of the parking lot and which signs can stay and which may not be needed. Development Services Director Henschel clarified that code states a directional sign can be four square feet. Discussion ensued on where signs could be placed within the parking lot and the number of signs are needed. The consensus of the Council during the discussion was that they could not approve the variance with the current signage and urged the applicant to table the item and work with staff. Mr. Barclay asked to table the item to have the opportunity to work with staff and then return to Council. Council Member Pines moved to table the variance reauest to January 9.2024: Seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicing ave. Item No. 24 — Ordinance No. 2023-026, Lumberyard District PUD 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. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to introduce Ordinance No. 2023-026: Seconded bv_ Council Member Purvis. Passed unanimouslv 5-0 with all members present voicing ave 12 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 Item No. 25 — Ordinance No. 2023-033, ROW Vacation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF CARROLL STREET RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF WAY, JOHNSON'S REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to introduce Ordinance No. 2023-033: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicine ave. Item No. 26 — Ordinance No. 2023-034, Planning and Zoning Quorum Ratification AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CONFIRMING, CLARIFYING AND RATIFYING THE AMENDMENT TO THE CITY CODE ADOPTED BY ORDINANCE 2010-01- C AND FURTHER AMENDING RECENTLY RENUMBERED ARTICLE II, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 2, PLANNING AND ZONING COMMISSION, SECTION 101-67, "QUORUM" TO CONFIRM AND READOPT THE QUORUM AS FOUR MEMBERS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to introduce Ordinance No. 2023-034: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing ave. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING November 28, 2023 ADJOURN: With no further comments, this meeting adjourned at 9:23 pm. APPROVED: i r'. Tim Murry, Mayor R ATTEST: J')�� Tracy Ackroyd Howe, MMC City Clerk 14