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05.14.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, May 14, 2024 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 and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplain James Pagan gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Sharon Keys, 644 W Osceola — Advocated for a Community Center at McKinney Park. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 8 - Variance Request, 2490 Holly Berry Circle City Manager Bulthuis informed the Council this is a request to table the item to July 23, 2024. Council Member Pines moved to table item 8. Variance Request. 2490 Holly Berry Circle to July 23. 2024: seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing ave. Item No. 10 — Variance Request, The Harvest Market City Manager Bulthuis informed the Council this is a request to table the item to June 11, 2024. Council Member Pines moved to table item 10. Variance Request. The Harvest Market to June 11. 2024: seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing ave. Item No. 11 - Variance Request, 775 E. Juniata Street (This item was tabled inadvertently and heard later in the meeting.) City Manager Bulthuis informed the Council this is a request to table the item to May 28, 2024. Council Member Pines moved to table item 8. May 28. 2024: seconded by Council Member members present voicing ave. REPORTS CITY MANAGER REPORT City Manager Bulthuis — Variance Reauest. 775 E. Juniata Street to Myers. Passed unanimously 4-0 with all • Special Election today, polls close at 7pm. • May 21 workshop to discuss pickleball/tennis. • Thursday, May 16 City Hall will not open until 10:30am for Employee Appreciation breakfast. City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 • The First Baptist Church will hold a community meeting on May 29 at 6pm regarding the rezoning of 8 acres. • City offices will be closed on May 27 for Memorial Day. CITY ATTORNEY REPORT City Attorney Mantzaris — No report CITY COUNCIL REPORT Council Member Gonzalez — • Attended the Police Golf Tournament. • Did a ride along with Fire Department Station 2. • Attended the Lake County League of Cities luncheon. • Condolences to the family of the boating accident victim. Council Member Myers — • Condolences to the family of the boating accident victim. • Attended Canvassing Board meeting, provided an overview of the Logic & Accuracy test. • May is Military Appreciation month. Council Member Pines — • Attended the Lake County League of Cities luncheon. • Attended the Kiwanis Club Prayer breakfast. • Condolences to the family of the boating accident victim. Mayor Murry — • Attended the Police Golf Tournament. • Attended the Lake County League of Cities luncheon. • Thanked those who attended the Mayors luncheon. • Attended Lake Sumter State College graduation. • Attended the Kiwanis Club Prayer breakfast. • Condolences to the family of the boating accident victim. Thanked all the agencies who helped in the recovery effort. 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 — Surplus Request 2 Consider approval of the March 26, 2024, meeting minutes. Consider declaring end -of -life inventory as surplus from the Parks and Recreation Police Departments and providing disposal per the Procurement Policy. City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 Item No. 3 — Bid Award Parks and Recreation Item No. 4 — Proposal Award Parks and Recreation Item No. 5 — Resolution No. 2024-014R Fire Dept. Item No. 6 — Open Container Request Citrus Champs Carnival Consider award to Footprint AV, LLC to purchase and install a digital console and sound system in the budgeted amount of $97,534. Consider award to Roger's Sign Corp. for design and construction of an LED sign in the budgeted amount of $119,633.65. Consider the amended fee schedule for Fire Review and Inspection fees. Consider Open Container Request on February 8, 2025 at Victory Pointe. Vincent Niemiec pulled Consent Item No. 4 for further discussion. Council Member Gonzalez moved to approve Consent Agenda Items 1-3 and Items 5-6 as presented: Seconded by Council Member Pines. Passed unanimouslv 4-0 with all members present voicing ave. Item No. 4 — Proposal Award. Parks and Recreation Vincent Niemiec, - expressed concern with the digital sign size and cost. There is a sign ordinance on the agenda for tonight, and questioned this going for approval before the ordinance. According to the sign ordinance, it should not -be more than 25 percent of the monument and this is larger than that. City Attorney Mantzaris stated this item is in regards to a particular sign that the City already has at the Arts and Recreation Center. This is related to upgrading that sign as part of an agreement with the Assisted Living Facility. The sign ordinance is an ordinance change, which is a completely different item, is on the agenda tonight for introduction, and will be heard by Council at a later date. City Manager Bulthuis said that the current sign is staying in place and this will be a new sign. Council Member Myers asked where the money for this is coming from. City Manager Bulthuis explained that this was a general fund budgeted item. Vincent Niemiec inquired about the digital part allowed to be more than 25 percent of the monument sign. City Manager Bulthuis stated that the city is exempt from its own regulations. Council Member Pines moved to approve Consent Agenda Item 4 as presented: Seconded by Council Member Gonzalez. Passed 3-1 with Council Member Mvers opposing. UNFINISHED BUSINESS Item No. 7 — Variance Request, Teamont Boba Development Services Planner Kruse presented the item. The applicant is requesting two (2) variances to the Land Development Code to allow for the development of a specialty beverage building with a two - bedroom residential unit located on the second floor of the building. The following variances are being requested: (1) to allow for offsite public parking to meet the minimum onsite parking space requirements, and (2) to allow for the elimination of the dumpster for solid waste collection. The subject parcel is located on 7th Street, north of West Montrose Street and is zoned Central Business District (CBD). City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 The building is 1,320 square feet, with Teamont Boba operating on the first floor and a second level two - bedroom apartment. The revised conceptual plan layout provides a 10-foot front yard setback, a three-foot side yard setback from the north property line and a 5-foot setback from the rear property line. The Land Development Code requires 0.5 parking spaces per every four -patron seats on the premises, which requires a minimum of five (5) onsite parking spaces. The project is also required to provide a minimum of 1.5 parking spaces for the proposed two -bedroom residential dwelling unit. The project as designed would require a minimum of seven (7) onsite parking spaces. The requested variance would allow €ef public parking to be used as the minimum parking code requirement for the site. The Land Development Code requires parking spaces to be provided for all buildings and permitted use on the premises. The requirements shall apply for all development, whether new structures, alterations or existing development. For this same location in June 2021, the City Council approved two variances to the code for the same use without the second story apartment. The first variance was approved for the reduction of five parking spaces (at this time a second story was not considered), and the second variance request was approved for the elimination of a solid waste dumpster. The variance approval has expired, therefore requiring the application to be resubmitted. The applicant has also added to the project with the second story, two -bedroom unit apartment. Although City staff encourages new development in the Central Business District, with the existing limited amount of public parking for all businesses located in the Downtown vicinity, staff cannot support a new business that cannot provide any onsite parking for their patrons. This lot, which measures 25 feet wide by 75 deep, was split from a parent parcel with lot dimensions of 75 feet wide by 75 feet deep. Therefore, the existing property hardship was created from the property split. The applicant is also requesting a variance to allow for the elimination of onsite dumpster requirements for commercial development. The Land Development Code requires a positive finding on the five review criteria for granting a variance. Staff has reviewed the application and supporting documents and finds the applicant does not meet positive findings for the provisions of the criteria. Staff is unable to support the expansion of the second story apartment addition and recommends denial of the requested variances. However, based on the previous project approval for the one story building, staff would not be opposed to the reduction of the five parking spaces and elimination of the dumpster. Lindsay Holt, Crawford, Modica, Holt Law Firm, was present on behalf of the applicant. Ms. Holt stated that although the staff report shows the recommendation is denial it is noted that based on the previous project approval, staff would not be opposed to the reduction of parking and the elimination of a dumpster. The applicant is asking for a reduction of two more parking spots and going vertical with a residence. Ms. Holt spoke about the NexBiz project that came before Council in January that was approved with no onsite parking. The NexBiz business is four times the size of this project and the request is the same. Many businesses in the downtown area use trash cans instead of dumpsters and this project brings low density residential to the downtown area. Requesting approval of the variance. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines asked staff to clarify the approval of the NextBiz Conditional Use Permit. City Attorney Mantzaris explained that the parking allocation for that structure was part of the negotiation when the city acquired the property. The property owner sold a portion of the property to the city for the parking area that the city has there and they received back a credit related to the parking. Council Member Pines stated that she was fine with the original decision from 2021; the parking for the residential brings in another element. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 Council Member Myers is fine with the apartment on top; a concern can be what will become of it in the future. If someone else buys the property, they will know there is no designated parking for the residential portion. Council Member Gonzalez asked the applicant if they are ready to go vertical, if approved. Ms. Holt said that the applicant is prepared and is hopeful for it to be completed by the end of the year. Council Member Gonzalez said that he would like to see this happen. Council Member Gonzalez moved to approve Item No. 7. Variance Reauest. Teamont Boba; Seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicing ave. Item No. 8 — This item was addressed earlier in the meeting and tabled to July 23, 2024. NEW BUSINESS Item No. 9 — Resolution No. 2024-016R, Fixed Rate Term Loan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA SUPPLEMENTING RESOLUTION NO. 1162 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA ON OCTOBER 24, 2000, AS HERETOFORE AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING THE ISSUANCE BY THE CITY ITS WATER AND SEWER REVENUE BOND, SERIES 2024 (THE "SERIES 2024 BOND"), IN A PRINCIPAL AMOUNT NOT TO EXCEED $28,152,000 FOR THE PURPOSES OF (1) FINANCING OR REFINANCING, INCLUDING THROUGH REIMBURSEMENT, THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF IMPROVEMENTS TO THE COMBINED MUNICIPAL WATER AND SEWER SYSTEM OF THE CITY, AND (III) PAYING THE COSTS OF ISSUING THE SERIES 2024 BOND; PLEDGING TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE SERIES 2024 BOND THE PLEDGED FUNDS DESCRIBED IN RESOLUTION NO. 1162, AS AMENDED AND SUPPLEMENTED; ESTABLISHING OR PROVIDING FOR THE ESTABLISHMENT OF THE DATED DATE, INTEREST RATE, INTEREST PAYMENT DATES, PROVISIONS FOR REDEMPTION AND MATURITY SCHEDULE OF SAID SERIES 2024 BOND; ACCEPTING THE PROPOSAL OF SEACOAST NATIONAL BANK TO PROVIDE THE CITY WITH A TAX- EXEMPT TERM LOAN FACILITY PURSUANT TO THIS RESOLUTION AND THE SERIES 2024 BOND; PROVIDING THAT THE SERIES 2024 BOND SHALL CONSTITUTE AND BE SECURED AS AN "ADDITIONAL BOND" UNDER RESOLUTION NO. 1162, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2024 BOND; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDER OF THE SERIES 2024 BOND; AND PROVIDING AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 Nick Roca, PFM Financial Advisors, the city's Municipal Financial Advisor stated that they assisted with the drafting of the Request for Proposal (RFP) process to finance $28 million of the Waste Water Treatment Plant project. The RFP was distributed to more than seventy banking institutions, we received nine proposals. After reviewing all the proposals, they provided the city with a summary detailing the rates and terms of each one of the offers. Seacoast Bank had the best offer, twenty-year bank loan at a fixed rate of 3.4 percent for the first ten years. After ten years, it will reset to the same rate as the one-year treasury rate at that anniversary. The agreement includes the flexibility of early payment without penalty. Bond closing is scheduled for Thursday, May 16. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Myers inquired about a ten year fixed rate instead of a twenty year fixed rate. Mr. Roca explained the Seacost Bank offer. There was an option to have a fixed rate at 4.15 percent for the full twenty years. When they did the analysis, considering it resets at the one-year Treasury bill rate in ten years, the one-year Treasury bill rate would have to be at approximately 6.05 percent rate for the 4.15 percent rate to be a better deal. Looking back at the one-year Treasury bill rate, it has not been above 5.5 percent in the last ten years. The option that was chosen also has the prepayment flexibility. Council Member Myers asked if this loan is competitive. Mr. Roca explained that this is the lowest offer he has seen in a year. Rob Berens, Seacoast Bank, introduced himself and stated that he is pleased to serve his community. Council Member Pines moved to approve Item No. 9. Resolution No. 2024-016R. Fixed Rate Term Loan. Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicine ave. Item No. 10 - This item was addressed earlier in the meeting and tabled to June 11, 2024. Item No. 11 - Variance Request, 775 E. Juniata Street Development Services Planner Kruse presented the item. The applicant is requesting a variance to the Land Development Code (LDC) for vacant property located at 775 East Juniata Street. The property is zoned R- 2, Medium Density Residential. The variance request is to allow for a side yard setback of 5 feet instead of 7.5 feet. The applicant desires to construct a single family home, and the home is designed at 30 feet in width. The proposed home is a three bedroom, two bath, and single -car garage home with approximately 1,350 square feet of living space. This property is a lot of record, which is a legally nonconforming lot. The dimensions are 40 feet wide by 135 feet deep. The lots were platted in 1926, which at that time was suitable for development and no zoning code existed. Several lots in this area are lots of record, with dimensions 40 feet by 135 feet and are improved. The adjacent properties are also improved with residential structures and this would be an infill lot. The applicant has provided information indicating if the home was placed 5 feet from the side property lines, the distance between the existing structures would be 17.4 feet from the home on the right and 12.8 feet from the home on the left. This would exceed the minimum placement between structures for building and fire code separation without requiring any additional fire or building construction improvements. In order to accommodate parking onsite, the applicant has agreed to a 40-foot front building setback along with an additional parking pad off the driveway. This was accomplished due to the fact the lot is a long, narrow lot. The home will be placed almost centrally within the lot. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 The applicant has been willing to work with City staff in order to make the highest and best use of the property. The proposed home is not out of character with the other home sizes in the area. 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 meet a positive finding on all of the five criteria. Therefore, staff recommends approval of the variance request. The applicant, Gian Franco Balsamo, was present and asked Council to accept the variance. This is his first time building a house. He has worked with staff and has done what he can to accommodate. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed the lot size and the project. All agreed that they have no issues with the request, as the lot is smaller. They appreciate the applicant working with the city. Council Member Pines moved to approve Item No. 11. Variance Request. 775 E. Juniata Street. Seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicine ave. Item No. 12 - Variance Request, 301 Chestnut Street Development Services Planner Kruse presented the item. The applicant is requesting to allow for a rear yard setback less than the 25-foot minimum requirement for the placement of a 12' x 24' storage shed. The subject property is a duplex located at 301 Chestnut Street, which has a zoning of R-2 Medium Density Residential. This variance application is a result of a pending code enforcement case for a shed placed without a permit. The Land Development Code requires storage buildings greater than 150 square feet to meet the rear yard setback for the primary structure (25 feet). The existing shed is 288 square feet and is currently in violation with a 4-foot rear yard setback. In March of 2024, the applicant was before city council requesting a 4-foot rear yard setback for the shed. At that time, city council denied the request. After that meeting, the applicant reconsidered options for the placement of the shed. To achieve the greatest setback, the applicant has considered moving the shed toward the house as far as possible, now creating an 8-foot rear yard setback. If the variance is approved, the applicant will be required to obtain an after -the -fact building permit and relocate the shed a minimum of 8 feet from the rear property line. The Land Development Code requires a positive finding on the five review criteria for granting a variance. Staff has reviewed the application and supporting documents and finds the applicant does not meet positive findings for the provisions of the requirements. Therefore, staff recommends denial of the requested variance to the Clermont Land Development Code. The applicant, Roy Martin stated that if he moves the shed to provide 8 feet then that leaves them a 4-foot walkway between the shed and the house. Mr. Martin inquired about the code allowing multiple 10'x12' sheds close to the property line. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines said that code is 25 feet and this is not close to that. Mayor Murry said that he could not support this request; this is too large of a structure. City Manager Bulthuis explained to the applicant that if they would have come to the city and applied for permits then staff would have provided an explanation prior to placing the shed. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 Council Member Mvers moved to deny Item No. 12, Variance Request, 301 Chestnut Street, Seconded by Council Member Gonzalez. Passed unanimouslv 4-0 with all members vresent voicing ave. Item No. 13 — Ordinance No. 2024-022, ISBA Amendment Intro AN ORDINANCE OF THE CITY OF CLERMONT ADOPTING AN AMENDMENT TO THE 2010 INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN LAKE COUNTY, THE TOWN OF MONTVERDE, THE CITY OF MINNEOLA, THE CITY OF CLERMONT AND THE PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION, AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Gonzalez moved to introduce Ordinance No. 2024-022. ISBA Amendment: seconded by Council Member Pines. Passed unanimouslv 4-0 with all members vresent voicing ave. Item No. 14 — Ordinance No. 2024-023, Family Entertainment Center Intro 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, 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 introduce Ordinance No. 2024-023. Family Entertainment Center. seconded by Council Member Pines. Passed unanimously 4-0 with all members Dresent voicing ave. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 Item No. 15 — Ordinance No. 2024-024, Nuisance Abatement Board Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS", ARTICLE II "CODE ENFORCEMENT", DIVISION 1 "GENERALLY", AMENDING SECTIONS 1-41 "INTENT OF ARTICLE, 1- 42 "ALTERNATE CODE ENFORCEMENT SYSTEM" AND 1- 43 "SUPPLEMENTAL ENFORCEMENT", AND CREATING DIVISION 5 "PUBLIC NUISANCE ABATEMENT BOARD" SECTIONS 1-140 THROUGH 1-160 OF THE CITY CODES OF THE CITY OF CLERMONT CREATING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR CREATION, COMPOSITION, TERMS OF BOARD MEMBERS AND BOARD OFFICERS; DEFINITIONS; POWERS OF BOARD; INITIATING A COMPLAINT; HEARING; PENALTIES; ENFORCEMENT OF ORDERS; JUDICIAL REVIEW; SUPPLEMENTAL ENFORCEMENT; 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. 2024-024. Nuisance Abatement Board; seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicing ave. Item No. 16 — Ordinance No. 2024-026, Amendment of Chapter 117Intro 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 117-SIGNS, SECTION 117-23 CHANGEABLE COPY SIGNS; 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 introduce Ordinance No. 2024-026. Amendment of Chapter 117; seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicine ave. City of Clermont MINUTES REGULAR COUNCIL MEETING May 14, 2024 ADJOURN: With no further comments, this meeting adjourned at 7:58 pm. ATTEST: Tracy Ackroyd Howe, MMC City Clerk 10 APPROVED: Tim Murry, Ma r