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06.11.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, June 11, 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, Howard, Myers and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Cuqui Whitehead gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Lake County Commissioner Parks welcomed Council Member Tod Howard. At the Lake County Commission meeting, Commissioners approved the land acquisition referendum to be on the November ballot. In addition, Commissioners have approved to extend the Interlocal Service Boundary Agreement, to protect rural areas, up to 20 more years. The other cities within the agreement will now have to approve as well. City Attorney Mantzaris stated that there would be a meeting next Tuesday with all of the attorneys to review language. Lake County will be updating their Comprehensive Plan. It will be a two-year process starting with visioning and participation from all the cities. Commissioner Parks updated Council on road construction plans for Hooks and US 27 intersection, Citrus Tower Boulevard repaving and Hancock Road extension. He spoke about the request for speed tables on The Crescent. Council Member Howard asked if the County planned to build any pickleball courts. Commissioner Parks stated that the County is looking for partnership opportunities with Lake County cities to help fund pickleball courts around the County. Deputy City Manager Davidoff informed Council that the County does have funding sources available and the City has requested $100,000 for pickleball. PUBLIC COMMENTS Samii Yakivetik, 4480 Powderhorn Place — Spoke regarding candidate packets for Council. Paula Hoisington, 564 E. Desoto Street — Requesting a workshop to discuss a Community Center. She asked if there is a process to request a workshop. Mayor Murry addressed Ms. Hoisington and explained that upcoming workshops are to discuss other issues and Council prefers to keep workshops to one or two discussion items. With the budget workshops coming, Council has directed staff to schedule a workshop in October regarding the Community Center. Ms. Hoisington asked about a written process to determine what issues will be on a workshop agenda. Mayor Murry explained that Council has a workshop on a monthly basis, with some exceptions. He has spoken with Ms. Keyes on the issues they face with a Community Center and finding land. Council Member Howard stated he has spoken to some Lake County School Board members regarding land the School Board owns. He will present any updates to Council once he has something. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 City Manager Bulthuis stated that staff has spoken to the Lake County School Board regarding land multiple times and told they are not interesting in selling. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 10 — Resolution No. 2024-008R, Waterbrooke Self -Storage CUP City Manager Bulthuis informed the Council this item has been withdrawn. Item No. 12 — Ordinance No. 2024-018, First Baptist Church SSCPA Intro 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 AN EFFECTIVE DATE. City Clerk Howe read the title aloud. 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 12. Ordinance No. 2024-018. First Baptist Church SSCPA Intro to Julv 23. 2024: seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicine ave. Item No. 13 — Ordinance No. 2024-019, First Baptist Church Rezoning 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. 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 13. Ordinance No. 2024-019. First Baptist Church Rezoning_ Intro to July 23. 2024: seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicins ave. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Hurricane season has started. Information is on our website, in the event a hurricane is threatening. • Introduced Fire Chief Ezell to provide information on CPR classes. Fire Chief Ezell presented a PowerPoint presentation. There will be a Community CPR Training Program. The goal with the program is to train 300400 community members annually. There will be Family and Friends CPR, for individuals who wish to learn CPR and do not need certification and Heartsaver CPR, for those needing certification. • Wine Stroll downtown on Friday. • Juneteenth celebration on Saturday at Waterfront Park from 5 p.m. to 8 p.m. • There will be two Council Members unable to attend the June 18, 2024 scheduled workshop. City Manager Bulthuis requested direction from Council to proceed or reschedule for a later date. Mayor Murry stated that all Council Members should be present to discuss the review metrics for the City Manager and he would like to reschedule to a later date. Council spoke about dates for the workshop and rescheduled to August 20, 2024. CITY ATTORNEY REPORT City Attorney Mantzaris — • There was an injunction entered regarding the enforcement to file Form 6. Commission on Ethics stated that if you have filed Form 6, you do not have to file Form 1. Form 1 are due by July 1. CITY COUNCIL REPORT Council Member Myers — • Recognized dads for Father's Day. • This Saturday will be the Juneteenth celebration at Waterfront Park. Council Member Pines — No report. Council Member Gonzalez — • Attended the Caribbean Festival. Council Member Howard — No report. Mayor Murry — • The tax-free holiday on hurricane supplies ends on Friday. • Thanked City Manager Bulthuis for removing the parking signs at McKinney Park. • Reminded Council to sign up for Florida League of Cities conference. • Will be attending the Juneteenth celebration. Council Member Gonzalez inquired on the progress of the downtown parking study. City Manager Bulthuis stated that the results should be available in July. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 Mayor Murry asked for an update on the traffic issues on The Crescent. Deputy Police Chief Graczyk stated that Public Works and the Police Department worked together on this issue. Message boards stating "new traffic pattern coming soon" are in and new stop signs installed on June 13, 2024. 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. I — Meeting Minutes Item No. 2 — Surplus Request Item No. 3 — Plat Approval Black West Commercial Item No. 4 — Plat Approval Plaza Collina Lot 9 Item No. 5 — Plat Approval Wellness Ridge Phase 2 Item No. 6 — Piggyback Term Contract Sanitary Sewer, Manhole, and Lift Station Wet Well Rehabilitation Item No. 7 — Piggyback Contract Elevator Repair and Maintenance Services Consider approval of the April 23, 2024 and May 14, 2024 City Council meeting and the May 21, 2024 City Council Workshop minutes. Consider declaring end -of -life inventory as surplus from Public Services, Police, and Information Technology Departments and providing disposal per the Procurement Policy. Consider approving a commercial plat consisting of 6.29 acres, platted into 2 lots and an interior private access drive. Consider a request for a replat of Lot 9 within the Plaza Collina Development into 5 smaller commercial tracts. Consider approval of Wellness Ridge Phase 2 plat consisting of 230 residential lots within Wellness Way. Consider approval to piggyback the City of Casselberry term contract with Inliner Solutions, LLC. Consider piggybacking the OMNIA Partners term contract with KONE Inc. Item No. 8 — Bid Award and Budget Amendment Consider awarding Flo Construction Company Structural Demolition Services to acquire the demolition of two city -owned properties in the budget amendment amount of $123,749 from the cemetery fund. Item No. 9 — Resolution No. 2024-024R Consider annual delegation authority for the Emergency Declaration Services Mayor to declare a state of emergency. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June l l , 2024 Council Member Howard pulled Consent Item No. 5 for further discussion. Charlene Forth pulled Consent Item No. 8 for further discussion. Council Member Pines moved to aDDrove Consent Agenda Items 14. 6-7 and 9 as Dresented: seconded by Council Member Myers. Passed unanimously 5-0 with all members Dresent voicing ave. Item No. 5 — Plat Aouroval. Wellness Ridge Phase 2 Council Member Tod Howard asked for clarification if the reclaimed/reuse water issue in that area has been resolved. City Manager Bulthuis stated that there would be an agreement that will come before Council in the future. Council Member Howard informed Council that he would not vote to approve anything in the Wellness Way area until the water issue is resolved. Council Member Pines moved to aDDrove Consent Agenda Item 5 as Dresented: Seconded by Council Member Myers. Passed 4-1 with Council Member Howard opposing. Item No. 8 — Bid Award and Budget Amendment, Structural Demolition Services Charlene Forth, 939 W. Desoto — She inquired about the use of cemetery funds for demolition. City Manager Bulthuis explained that the city purchased two properties that are adjacent to Oak Hill cemetery to expand. The cemetery funds are appropriate to use for demolition and clearing the land for more burial spaces. Council Member Pines moved to aDDrove Consent Agenda Item 8 as Dresented: Seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 10 — This item was withdrawn. Item No. 11— Variance Request, The Harvest Market Development Services Director Henschel presented the item. The applicant has recently re -opened a produce market located at 511 West Highway 50. In doing so, the applicant has painted a large sign on the building that does not meet city code requirements. The applicant is requesting a variance to allow the additional signage to remain on their building. In the City's Land Development Code, Under Signs, Chapter 117-15, the sidewall sign is limited to a maximum of 74 square feet in total area. The current size of the wall sign is approximately 490 square feet, which is approximately 14 feet wide and 35 feet high. This exceeds the code allotment by 416 square feet. The applicant has indicated on the variance application that this sign is a mural. Staff have also reviewed this application under the City's sign code section for murals, Section 117-26. The main issue is that the property is not located in the Central Business District, and murals are prohibited outside the Central Business District. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 If the parcel were located within the CBD district, the side building sign would be considered a mural and would comply with code. Section 101-246 of the Land Development Code requires a positive finding in the Review Criteria and Findings in order to grant a variance. Staff has reviewed the application as presented and finds the application does not meet a positive finding on the review criteria. Therefore, staff recommends denial of the variance request. Ms. Ana Germeroth was present on behalf of the owner. The sign is the brand and is not a mural. The owner wants to display her brand. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — this is the former Kim's Cabbage Patch. Supported the variance request. Rebecca Van Wagner, 4228 Fawn Meadows Circle — we have variances to increase the beauty of our city. We should change the rules or approve the variance. Mayor Murry closed the public hearing. Council Members spoke of their support for this variance. Council asked staff to widen the boundary that allows murals to include this area. If that were to take place then the painting on the building would be in compliance. Development Services Director Henschel explained that murals are permitted in the core of the downtown. If we expand that to the Community Redevelopment Agency boundaries, it includes the commercial corridor on State Road 50. Mayor Murry stated his concern that the sign ordinance is outdated. Council Member Howard said he would like to approve the variance for one year. Within that time, Council can amend the sign code to include murals in the Community Redevelopment Agency boundary if they choose. Mayor Murry asked City Attorney Mantzaris about extending the boundary. City Attorney Mantzaris said that would be direction to staff on how you would like to move forward. The concern with putting an expiration on the variance is if Council does not change the code then the painting will not be in compliance. If that happens, the property will be in code violation. City Attorney Mantzaris asked Council to move back to the variance request in front of them. It is within their right to grant a variance with an expiration date. Council Member Gonzalez moved to annrove Item 11. Variance Reauest. The Harvest Market. with the timeline of a vear. Seconded by Council Member Howard. Passed unanimouslv 5-0 with all members present voicine ave. Item No. 12 — This item was addressed earlier in the meeting and tabled to July 23, 2024. Item No. 13 — This item was addressed earlier in the meeting and tabled to July 23, 2024. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 NEW BUSINESS Item No. 14 — Variance Request,160 E. Lakeshore Drive Development Services Director Henschel presented the variance request. The homeowner is requesting a variance to the Land Development Code (LDC), Section 125-520, Special Setbacks, to allow for the construction of a driveway with non -permeable paver materials to encroach into the required five-foot side yard setback. The subject parcel is located at 160 E. Lakeshore Drive. The property is zoned R-IA, Single Family Residential, and the Future Land Use Designation is Low Density Residential. The variance request is to allow a driveway be constructed up to the property line instead of the minimum 5-foot requirement for residential driveways. The single family home was constructed in 1957 and has approximately 1,608 square feet of living area. The applicant purchased the property in December 2019 with the existing conditions and the current second driveway has now become dilapidated and broken. There is no record of an issued permit for the pavers. The existing driveway is located three feet from the side yard property line. The Clermont code requires residential development to comply with the impervious surface ratio requirements and all single family lots are designed to provide sufficient drainage areas to ensure the runoff will be able to drain onto the subject parcel. The proposed sample driveway materials photo submitted in the application and considered non - permeable because of the solid concrete foundation required for driveways, which could provide inadequate drainage for the side yard. The applicant has provided letters of no objection from the neighbors that are included with this packet. 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 review criteria. Therefore, staff recommends denial of the requested variance. Staff did provide the applicant with the option of concreting the driveway from the current apron. That would allow for a three-foot setback along the side yard. The applicant, Mr. Lindsey, stated that the pavers were there when he purchased the property so he assumed that was part of the driveway. Without concreting to the property line, it would be difficult to access the gate to the rear yard where he stores his jet skis. The contractor he has spoke to assured there would be proper drainage from the yard. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — inquired about the issue with the drainage. Mayor Murry stated his concern is if it would run in the neighbor's yard. City Manager Bulthuis explained that the side yard setbacks are five feet so that there is green space. Impervious surfaces should not go right to the property line. Ms. Forth expressed her concern with other lots not having green space and variances granted. Mayor closed the public hearing. Council Members Howard and Myers stated that granting this variance would set a precedence and they are not in support. Council Member Gonzalez asked the applicant if he would be willing to do the three-foot setback. Mr. Lindsey reiterated that without going to the property line he could not access the gate to the rear yard where he stores his jet skis. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 Council Member Howard said he would be in favor of having a small apron at the top of the driveway to get in and out of the gate. Mr. Lindsey stated that he would be okay with that. He would need time to redesign and come back before Council. Council Member Gonzalez moved to table Item No. 14. Variance Reauest. 160 E. Lakeshore Drive to Julv 23. 2024: Seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicing ave. Item No. 15 - Variance Request, 168 E. Lakeshore Drive Development Services Director Henschel presented the variance request. The applicant and homeowner, Mr. James Phillips, lives at 168 E. Lakeshore Drive. The home was constructed in 1956 and is a single - story home with approximately 2,000 square feet of living area. The lot, Lake Highland Estates Lot 8, was created in 1955. This was before zoning regulations and prior to our current zoning code. The property is currently zoned R-1-A Single Family Low Density. The existing structure does not meet the current side yard setbacks on both sides of the existing home. R-1-A zoning requires 9 feet on the interior side yard setback and 35 feet from the street side setback, which is from Drew Avenue. The current structure is approximately 8 feet from the interior side yard setback and 9 feet from the street side yard setback. Mr. Phillips wishes to expand the current home by adding an addition. Plans were submitted to indicate a total of 1,687 square feet of renovation area is proposed. This includes converting the existing carport into a tandem garage and adding a new second story master suite over the existing home. The contractor and Mr. Phillips decided it was best to go vertical since a rear addition would encroach into the rear setback, which the home currently meets. The proposed addition would be built under the current confines of the existing side yard setback. In order for Mr. Phillips to proceed, a variance request would have to be sought and granted. Mr. Phillips desires to keep the current side yard setbacks in order to proceed with the addition and has requested a variance for the side yard setbacks under Section 125-140(2). A review of homes in this area indicated several homes currently do not meet certain setbacks, such as front yard setback, side yard setback. Any additions to the structures would require a variance since a non -conforming structure would be enlarged. Due to the lack of zoning when these homes were built, the dimension of the lots when they were created, and the current zoning requirements, hardships are present. 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 the five criteria. Therefore, staff recommends approval of the variance request. The applicant, Mr. Phillips requested approval. This would be the best way to enhance the property. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — spoke in favor of this project. Mayor Murry closed the public hearing. Council spoke in support of this project. The older area of the city does not conform to today's requirements and the project is not changing the footprint. Council Member Pines moved to approve Item No. 15. Variance Rea_uest. 168 E. Lakeshore; Seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 Item No. 16 — Council Member Request Council Member Howard stated that he thought this request would be discussed at the workshop along with Council Member Myers request for a formal review of the City Manager. It has been more than three years since the City Manager started and no metrics for a formal review were established. The City entrusts the City Manager to manage daily operations of the city including implementing Council policy and resource management. Council Member Howard feels the City Manager has failed to meet the obligations. This failure has had a negative effect on the responsibilities of city government. Transparency is eroded and includes the private meetings instead of workshop presentations, changes to the ordinance which requires Council questions be directed through the City Manager office. Financial management by way of the budget and project overruns, inefficient management of resources and poor planning is another issue were facing. Lastly, the adversary behavior demonstrated towards residents and businesses on multiple occasions is intolerable. Lack of compliance with state mandates, such as the required financial reports has been an ongoing issue. The 2022 financial reports provided over a year late. There are additional concerns but believes this is enough evidence to ask for termination of the City Manager with cause. Council Member Howard moved to terminate the Citv Manager based on Section 1 D in the Citv_ Manager emDlovment agreement; Seconded by Council Member Mvers for discussion. Council Member Pines stated that City Manager Bulthuis came to the city in November 2021 and not be liable for a 2022 financial report. The City Manager walked into numerous issues including lawsuits. There are no private meetings; the City Manager does meet with each individual council member prior to each Council meeting to answer questions regarding the agenda. Providing documents, which council has not had a chance to review, and then speaking on this issue is not something council was prepared to do. Mayor Murry made a request to combine this into the August 20 workshop regarding the review metrics. He commended the City Manager for the job he has done and for his transparency. City Attorney Mantzaris informed council that they could not adopt the motion that is on the table. The City Charter provides a process for termination of the City Manager and have to follow the process. The process requires adoption of a preliminary resolution, drafted and presented by a majority of council. The motion is premature unless you follow Section 31-13 of the City Charter. The resolution would be adopted 30 days prior to the effective date. The City Manager gets an opportunity for a public hearing to determine the outcome. The motion before council is not consistent with the Charter. Mayor Murry informed the public that this is not an action item therefore would not be open for public comment. Council Member Gonzalez stated that he is not opposed to the City Manager having a formal review. A process is in place and council needs time to review the documents that Council Member Howard provided. City Attorney Mantzaris reiterated that council could not take action on the motion before them. The motion is not consistent with the Charter. Council Member Pines stated that Mr. Bulthuis has been transparent with the budget sessions and pulled all parties together to get Wellness Way on track. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 City Manager Bulthuis said that his job is to make councils job easier and successful. As for the private meetings with council members, the city has always met with council prior to meetings to go over the upcoming agenda. He stated that some of the issues brought up were before he became City Manager and he has had to deal with. The audit is behind, and was prior to him. The Finance department, now fully staffed, and the final audit will be complete by October. Council Member Howard stated that council could work through it at a workshop. Mayor Murry said the item would be on the August 20 workshop agenda. Item No. 17 — Ordinance No. 2024-025, Community Development District Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, ESTABLISHING, ON THE PROPOSED PROPERTY KNOWN AS PARKSIDE TRAILS AND FURTHER DESCRIBED HEREIN, AND RECOGNIZING, THE PARKSIDE TRAILS COMMUNITY DEVELOPMENT DISTRICT, CREATED AND CHARTERED BY UNIFORM GENERAL LAW, THE UNIFORM COMMUNITY DEVELOPMENT DISTRICT ACT OF 1980, AS CODIFIED IN CHAPTER 190, FLORIDA STATUTES; ACKNOWLEDGING THE UNIFORM DISTRICT CHARTER EXPRESSED IN CHAPTER 190, FLORIDA STATUTES; AND DESIGNATING THE INITIAL MEMBERS OF THE DISTRICT BOARD OF SUPERVISORS; AND, DESIGNATING THE PROPOSED LAND AREA WITHIN WHICH THE DISTRICT MAY MANAGE AND FINANCE ITS BASIC INFRASTRUCTURE, SYSTEMS, FACILITIES, SERVICES, IMPROVEMENTS AND PROJECTS; PROVIDING FOR SEVERABILITY AND REPEAL, EFFECTIVE DATE, AND RECORDING. City Clerk Howe read the title aloud. Council Member Pines moved to introduce 2024-025. Community Development District Intro: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing ave. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING June 11, 2024 ADJOURN: With no further comments, this meeting adjourned at 9:03 pm. Tracy Ackroyd Howe, MMC City Clerk APPROVED: Tim Murry, Mayor 11