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04.23.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, April 23, 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 City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Father Mark Wajda from Blessed Sacrament Catholic Church gave the invocation followed by the Pledge of Allegiance. PROCLAMATION City Clerk Howe read a proclamation recognizing Water Conservation Month. Mayor Murry presented the proclamation to Jeff Burke, Water Conservation Coordinator. PRESENATIONS Water Conservation Coordinator Jeffrey Burke presented the awards for the 2024 Drop Saver Poster contest. Mr. Burke stated this is the 11I year that the city has participated in the Drop Saver Program, introduced first, second and third place winners of each division of the contest. City Manager Bulthuis asked for an update on the Earth Day event. Mr. Burke said they had 162 participants pre -register and 204 walk up to help clean the lakes. They gathered 260 pounds of trash between Waterfront Park and Hiawatha Preserve. PUBLIC COMMENTS Firouz Farrokh, 3362 Saint Vincent Lane — Thanked Deputy City Manager Scott Davidoff and Assistant Director Public Services Jim Maiworm for their help with the tennis courts over the last five years. City Manager Bulthuis informed the public that since the last meeting staff has requested Council to discuss pickleball/tennis at the May 21 workshop. City staff will notify the pickleball and tennis communities of the workshop. Stephen Sidlovski, 1109 W. 8' Street, Lorraine, Ohio — Spoke regarding being a pro -life city. Paula Hoisington, 564 E. Desoto Street — Requesting a Community Center. She inquired about the cemetery running out of spaces and would like the city purchase land to meet the needs of the growing population. Samii Taylor Yakovetik, Hartwood Reserve - Disappointed in the discussions during the Community Redevelopment Agency meeting. Carol Harrison, 198 W. Osceola Street — Asked Council to address traffic on Osceola Street, especially commercial trucks. Kristen Nelson, 2928 Tangerine Court, Leesburg - Supports being a pro -life city. Royce Johnson, 1080 Glen raven Lane — Requested council to stand with their commitment from January regarding pickleball. Staff did an analysis of time and dollars that have been spent to start conyerting the courts. Banks Helfrick, 9100 Sams Lake Rd. - Spoke on community resilience. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 Sophia O'Keefe, 489 W. Minnehaha Avenue — Spoke on building pickleball courts. Charlene Forth, 939 W. Desoto Street — Expressed concern on crime at Victory Pointe. Gary Mealing, 12101 Outlook Drive — Inquired about the public hearing notice he received regarding a Spa Hotel. City Attorney Mantzaris explained that the item has been withdrawn from this agenda and will return to council at a later date. The agenda item will be noticed and advertised again. Marty Proctor, 18225 Rose Street — Offered to be a dark sky advocate for the city. She can do a presentation for Council if they would like. City Manager Bulthuis stated that Council would have to vote to put a presentation on an agenda. Mayor Murry instructed Mr. Proctor to provide information to the City Manager and he will provide Council the information for them to vote on a presentation. Anthony Grove, 1105 Sadie Ridge Rd. — spoke regarding the responsibility and actions of City Council. AGENDA CHANGES Item No. 4 -Variance Request, Teamont Boba City Manager Bulthuis informed the Council this is a request to table the item to May 14, 2024. Council Member Pines moved to table item 7. Variance Reauest. Teamont Boba to Mav 14. 2024, seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicine ave. The following items were withdrawn from the agenda and no further action was needed. Item No. 5 — Utility Agreement, Sundara Eco-Spa Item No. 6 — Ordinance No. 2024-006, Sundara Eco-Spa Annexation Final Item No. 7 — Ordinance No. 2024-007, Sundara Eco-Spa Comp Plan Amendment Final Item No. 8 — Ordinance No. 2024-008, Sundara Eco-Spa PUD Rezoning Development Services Director Henschel provided background information for these items being withdrawn from the agenda. Development Services Director Henschel displayed a map where the property is located. There is a process with the state because the property is within the Green Swamp area. Once that process is complete, we can move forward with the project. City Attorney Mantzaris explained that the state has to review the project before the council can discuss it. There will be no public hearing tonight, it will return to council in three to four months. The council does not need to take action tonight. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Attended the Earth Day celebration on Saturday. • Attended and presented a PowerPoint presentation last Friday at Kings Ridge. Approximately 250 residents attended. City Manager Bulthuis presented the PowerPoint for Council and citizens. The presentation was an update on the city, which included information on finances, growth and new projects, downtown parking and Police and Fire departments. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Pines — • Spoke on annexations in the city and the process when developers come from Lake County. • Hwy 50 and 27 traffic is being impacted by development in Groveland; it is not just our local traffic. Council Member Gonzalez — • Attended the Kings Ridge Town Hall event. • Attended the Earth Day event over the weekend. • Attended his first show at Clermont Performing Arts Center. • Ran in the Law Enforcement Torch Run. Council Member Myers — • Spoke to Chief Broadway regarding vandalism at Victory Pointe and the Police Department will be monitoring. The victim of the stabbing at Waterfront Park is continuing to improve. • Tennis and pickleball players have reached out, asked City Manager Bulthuis to have a discussion at the May 21 workshop. • Attended the second part of IEMO for newly elected officials. • Attended the ribbon cutting of Valor. Mayor Murry asked Chief Broadway to provide an update on the burglaries at Lake Hiawatha Park. Police Chief Broadway stated that two vehicles at Lake Hiawatha Park were broken into. The Police Department is doing an extra watch in that area to prevent any future issues. Mayor Murry spoke about the incident at Waterfront Park and asked Chief Broadway about the Police response. Police Chief Broadway stated that there were ten officers assigned to the First Friday event, once a call of that nature comes over the radio there may have been additional officers that responded. The victim is home recovering thanks to the quick actions of Officer Macavoy who was at the scene in two minutes and applied pressure to the wound. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 Chief Broadway also spoke about community watch programs. Any community, homeowners association or subdivision can ask the Police Department to come out and provide an update on any issues occurring in the city and their community. The Police Department will provide the residents the opportunity to ask any questions and address any concerns they may have. Mayor Murry — • Attended the Earth Day event. • Attended the Law Enforcement Torch Run. • Next Mayor's lunch will be on May 7 at Salt Shack at 12pm. • There will be a discussion regarding a Community Center at a future workshop after the budget process. • Asked City Manager Bulthuis to provide an update on the cemetery. City Manager Bulthuis stated that the city has purchased two properties on East Avenue that are adjacent to the cemetery. These properties will add approximately 300 spaces. Mayor Murry informed everyone that the city previously made changes to the policy that limits the sale of burial spaces•to City of Clermont residents. • Cameras will be installed in the Victory Pointe area. • Attended the citizen's academy graduation. Council Member Myers asked if the cameras could be monitored. City Manager Bulthuis explained the city would have to have a department to monitor the cameras 24/7 and the expense would be exorbitant. She then asked if the bike patrol could increase their presence in the area. City Manager Bulthuis stated that Police Chief Broadway would conduct a presentation on patrolling at a future meeting. 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 - Memorandum of Agreement Police Dept. Item No. 2 - Utility Service Agreement 15601 Laguna Rd. Item No. 3 — Fire Station 1 Generator Replacement Consider approval of an MOA with the Orange County Sheriffs Office for participation in the Urban Area Security Initiative Agencies. Consider a request to supply water to a 5-acre tract for a single-family residence. Consider approval to piggyback the Florida Sheriffs Association term contract with Genserve, LLC to purchase and install a 125KW generator in the budgeted amount of $253,810. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 Council Member Gonzalez moved to anvrove Consent Agenda Items 1-3 as presented; seconded by Council Member Pines. Passed unanimously 4-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 4 — This item was addressed earlier in the meeting and tabled to the May 14, 2024 meeting. Item No. 5 — This item has been withdrawn. Item No. 6 — This item has been withdrawn. Item No. 7 — This item has been withdrawn. Item No. 8 — This item has been withdrawn. Item No. 9 — Ordinance No. 2024-013 Final Comprehensive Plan AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING TEXT CHANGES TO THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TO REDUCE THE MAXIMUM DENSITY WITHIN THE MASTER PLANNED DEVELOPMENT, DOWNTOWN MIXED USE, AND COMMERCIAL FUTURE LAND USE CATEGORY; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the request. This is the adoption hearing for a staff initiated text amendment to modify language within Chapter 1 - Future Land Use (FLU) Element of the City's Comprehensive Plan. This text amendment will reduce the maximum density to 16 dwelling units per acre in the Downtown Mixed -Use District and 12 dwelling units per acre in the Commercial and Master Planned District. The changes are limited to Policy 1.2.4, 1.9.2 and Objective 1.7 within the FLU Element. No other changes were made. Since this proposal is an amendment to the text of the City's Comprehensive Plan, a mandatory review process involving the state agencies was warranted with a time to comment. The proposed comprehensive plan amendment (Amendment No. 24-01 ESR) was transmitted on February 16, 2024, to nine (9) state and local agencies for review and comment. The time period for commenting has concluded, and the City has received four (4) responses. Three of them (DEO, SJRWMD, FDOT) indicated "no comment" with the fourth (DEP) indicating "no provision that, if adopted, would result in adverse impacts." Staff recommends approval of Ordinance 2024-013. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez moved to approve Ordinance No. 2024-013, Final Comprehensive Plan: Seconded by Council Member Myers. The motion passed by roll call vote 4-0. Mayor Murry noted there is a Special Election on May 14, 2024. There will be no early voting. Item No. 10 — Ordinance No. 2024-014 Final Land Development Code Amendment AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 125 ZONING; REPEALING SECTION 125- 375 DENSITY; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse stated this is a staff initiated amendment to remove language within the Land Development Code that deals with the density bonus provision allocated within the Central Business District within the Downtown Mixed -Use Future Land Use. This amendment is the companion to the Comprehensive Plan text amendment that reduces density from 40 dwelling units per acre to 16 dwelling units per acre. With the adoption of repealing Section 125-375, there will be no provision for a density bonus in the Central Business District. The amendment will make the Land Development Code consistent with the City's Comprehensive Plan, which was approved under agenda item 9. Staff recommends approval of Ordinance 2024-014. The Planning and Zoning Commission recommended approval, 7-0. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines moved to approve Ordinance No. 2024-014. Final Land Development Code Amendment: Seconded by Council Member Myers. The motion passed by roll call vote 4-0. NEW BUSINESS Item No. 11— Lien Reduction Request, Bloxam Avenue Development Services Director Henschel presented the lien request. This is a request for a Lien Reduction on vacant land located on Bloxam Avenue. It is approximately 5.43 acres and previously owned by Tiproel, LLC. The current owner is HH LLC, purchased the land in February and is requesting this reduction. This parcel is zoned commercial with a future land use of commercial. The first case started in 2009 for "Unlawful Maintenance of Nuisance for weeds and refuse". A lien was created in May 2010 with an amount owed of $37,300. The parcel came into compliance soon after. The second case was generated in 2012 as a repeat violation with the same violations observed as the previous case. The parcel came into compliance after 17 days, but due to the outstanding fine amount of $1,700.00 that was not paid, a lien was created. The total amount owed for both cases is $39,000.00. In 2017, a third case was initiated for the same violations. It was recorded at a Code Enforcement/Special Magistrate hearing on August 15, 2017, for not being in compliance. Fines accrued daily at $250 from September 2017 to June 2019. The property came into compliance on June 10, 2019, with a total amount owed of $161,750. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 Per the request of the previous owner, on July 16, 2019, an appearance was made at the special magistrate's hearing in which the petitioner and respondent negotiated and agreed upon a reduced fine of $2,500. This was paid in full and a lien was never recorded for this case. Today the property is still in compliance. The new property owner, Patrick Harb, is now requesting a lien reduction on both previous cases from 2009 and 2012 as the property is still in compliance and the owner is proposing to develop the property this year. The owner is proposing a lien payout of $5,000.00 of the $39,000 owed. The applicant, Patrick Harb, was present. He requested a lien reduction for the property. They have cleaned and maintained the property and would appreciate the reduction. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines stated she is in favor of the lien reduction, they did not own the property when the violations occurred and they have cleaned it up. Council Member Myers moved to accept Item No. 11. Lien Reduction Reauest from $39.000 to $5.000 within 30 days; seconded by Council Member Pines. Passed unanimously 4-0 with all members present voicin¢ ave. City of Clermont MINUTES REGULAR COUNCIL MEETING April 23, 2024 ADJOURN: With no further comments, this meeting adjourned at 8:55pm. ATTEST: J�* . . Tracy Ackroyd Howe, MMC City Clerk APPROVED: Tim Murry, rayorN