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06.25.2024 -City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, June 25, 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 Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dawn Carter of Living Hope Church gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Police Department Charity Contributions Clermont Police Chief Broadway spoke about the departments charitable contributions. He introduced Detective Clark to speak about the Honoring the Fallen 5K. Detective Clark thanked the City and citizens for supporting the 5K. This year the Clermont Police Department along with partners in the community were able to raise $13,300. Detective Clark presented a check of the funds raised to Concerns of Police Survivors. Chapter President Bria Barry, surviving spouse of Richard Barry. She shared her gratitude to everyone who participated and coordinated for the organization to receive this check. The organization allows survivors to be with peers, receive grief counseling and have fun. Police Department Awards Police Chief Broadway honored men and women who excelled in 2023. Chief Broadway and Deputy Chief Graczyk presented the following awards. Officer Susanna Wray received the Chief s achievement award. Officer Wray worked diligently and assisted in being able to prosecute and convict a child predator. She was also instrumental in facilitating one of the first child advocacy centers at the Clermont Police Department. Corporal Latimer received the Chiefs achievement award. Corporal Latimer has made a significant impact in operations and has been instrumental in training new officers. He truly demonstrates the Clermont Police Department core value of service above self. The Life Saving Award went to Officer Bailey Zollweg for responding to a medical call for someone struggling to breathe. He was first on scene and performed the Heimlich maneuver, which dislodged the food, and the person was able to breathe. Paramedics transported the patient to South Lake Hospital in stable condition with a positive outcome. Citizen of the Year went to Debbie Arroyo. She serves as quartermaster for the Police Department, which is crucial to the operation of the department. She performs her duties with an unparalleled level of care and commitment. Officer of the Year went to Corporal Philip Pollen for his work with residents with mental health issues. He created a new program called COAST, an acronym for Community Outreach and Support Team. This program creates a partnership to provide care in our community. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 Sergeant Andy Razo received the award for Supervisor of the Year. Sergeant Razo created a two-way training program for School Resource Officers within the County. He met with the Sherriff's office and other law enforcement agencies to plan lessons and discuss logistics for training. Historic Survev Jen Dougherty of Clermont Main Street introduced Christine Dolton and Natalie Kahler to speak on the historic survey they performed. Christine Dalton and Natalie Kahler presented the Historic Resource Survey project they performed for Clermont Main Street. The purpose of the project was to inventory and evaluate historic properties within the survey area that are 50 years and older. This was the first survey done in Clermont. They spoke about Clermont's history and current state. The draft report is complete along with recommendations to present to the City. Once they meet with the City Manager and receive feedback, they will submit the report for the final version. City Manager Bulthuis stated that the surveying process, initiated by Main Street, needs their input. The volunteers at the Historic Village are an important part of the city's history and their input would be valuable. PUBLIC COMMENTS Charlene Forth, 939 W. Desoto Street — expressed concern regarding the Mayor's behavior at the previous meeting. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 4 — Ordinance No. 2024-018, First Baptist Church SSCPA Final 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. Deputy City Clerk Wisniewski read the title aloud. City Manager Bulthuis informed the Council this is a request to table the item to August 27, 2024. Council Member Pines moved to table item 4. Ordinance No. 2024-018. First Baptist Church SSCPA Final to August 27. 2024: seconded by Council Member Mvers. Passed unanimously 5-0 with all members present voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 Item No. 5 — Ordinance No. 2024-019, First Baptist Church Rezoning Final 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. Deputy City Clerk Wisniewski read the title aloud. City Manager Bulthuis informed the Council this is a request to table the item to August 27, 2024. Council Member Pines moved to table item 5, Ordinance No. 2024-019, First Baptist Church Rezoning Final to August 27. 2024: seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicing ave. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • City Hall will be closed on July 4. • July 9 City Council meeting is canceled • July 9 and 10 budget workshops start at 5 p.m. The normally scheduled workshop on July 16 can be a budget workshop, if needed. • July 4 Freedom 5K in the morning. • The boat ramp will be open all day on July 4. • Shuttle buses will begin at 4:30 p.m. from multiple points in the city to Waterfront Park. Fireworks begin at 9 p.m. on July 4. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Pines — • Attended the Juneteenth celebration. Council Member Gonzalez — Attended City Public Services luncheon. Attended the Lake -Sumter Metropolitan Planning Organization meeting. Made proposal for a traffic mitigation study on State Road 50 between U.S. Hwy 27 and 12' street. This will analyze any needs to acquire ROW (right of way) and turn lanes. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 Council Member Howard — • Speaking to the downtown partnership tomorrow, inquired about the City withholding funds. • Complaint of selective enforcement involving the mowing of a property downtown. • Would like to schedule a closed -door meeting involving litigation. City Attorney Mantzaris inquired about the subject matter of the requested closed -door meeting and stated they could set a date. Council Member Howard stated that this is regarding Coastal Investments. City Attorney Mantzaris explained the date of the meeting has to be announced at a regular scheduled meeting. If Council would like, they can schedule a date to announce at this meeting. Council discussed scheduling the closed -door session. City Attorney Mantzaris explained the process of scheduling a closed -door session. There has to be a public meeting, and then recessed to have the closed -door session. Once the session is over, Council will reconvene the public meeting. There could be a break out session during the budget workshop, if that is Councils request. City Manager Bulthuis informed Council that they could reschedule the July 9 budget workshop to begin at 4:00 pm. Recess immediately to have the closed -door session and then reconvene for the workshop. City Attorney Mantzaris announced that Council would have a closed litigation session in the matter of Coastal Investments vs. City of Clermont on July 9 as part of the budget workshop. City Manager Bulthuis informed Council that the City is waiting on a request from Main Street in order to send the funds. Council Member Howard stated that he is aware that the city is waiting on a request. Main Street is to provide an audit to receive the funds and that can take some time. He would like a timeline, in writing, of when Main Street was aware that they would have to provide an audit to receive the funds. Deputy City Manager Davidoff explained that Main Street is required to provide a detailed budget, work plan and audit. This is the third year with the same agreement between the City and Main Street and they have had to provide the same information each year. Mayor Murry addressed the statement regarding selective enforcement from Code Enforcement and stated he does not believe that is occurring within the city. Council Member Myers — • Attended an awards luncheon. • Attended opening ceremony for the Wounded Warrior's games. Mayor Murry — • Budget workshops are July 9 and 10, inviting all residents to attend. • Attended a promotion ceremony at the Police Department. • Juneteenth is a federal holiday that is not a paid holiday for city staff. He suggested consideration of this during the budget sessions. • Beginning next year, the fourth Thursday in March is a state holiday in honor of Tuskegee Airman. • Invited all to come celebrate Red, White and Boom at Waterfront Park. • Received a compliment from a resident regarding Development Services. • Mayors Luncheon July 2 at Guru. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 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. 1 — Meeting Minutes Item No. 2 — Surplus Request Item No. 3 — Proposal Award and Budget Picnic Pavilions Design Build Consider approval of the May 28, 2024, and June 11, 2024, City Council meeting minutes. Consider declaring end -of -life inventory as surplus from the Communication and Public Services Departments, and providing disposal per the Procurement Policy. Consider awarding a contract to Lanier Plans, Inc. d/b/a KorKat to add picnic pavilions to Palatlakaha Park, Waterfront Park and Lake Felter Park. Council Member Howard pulled Consent Agenda Item No. 3 for further discussion. Council Member Pines moved to approve Consent Agenda Items 1 and 2 as presented: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing ave. Item No. 3 — Proposal Award and Budget. Picnic Pavilions Design Build Council Member Howard stated that the three contractors that bid on the project were not local. He would like to see the city better acclimate local contractors on the process of bidding. Procurement Director Suarez stated that his department would be willing to train vendors on how to use the system. He explained that he has done this in the past and stopped due to low turnout. Council Member Howard moved to approve Consent Agenda Item 3 as presented: seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 4 — This item was addressed earlier in the meeting and tabled to August 27, 2024. Item No. 5 — This item was addressed earlier in the meeting and tabled to August 27, 2024. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 Item No. 6 — Ordinance No. 2024-025, Community Development District Final 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. DeputX City Clerk Howe Wisniewski read the title aloud. Development Services Planner Kruse presented the item. The City received a petition to establish a Community Development District from Pulte Home Company, LLC on March 26, 2024. A Community Development District is a funding mechanism used by developers to pay for infrastructure and project improvements in the development of a specific project. This will be the third Community Development District requested within the City of Clermont in the Wellness Way Area. The property is approximately 255 acres of land for the residential portion. The project, Parkside Trails, received Council approval under the former name of Chicone property for annexation, comprehensive plan amendment and a planned unit development rezoning in October 2022. The project will consist of up to 948 residential dwelling units. Pulte is moving forward with getting the infrastructure in place to support the development, such as water, sewer, roads, storm water, and roadway lighting. Within the petition, shows the Community Development District facilities, estimated costs and entity. The City will own and maintain utility infrastructure constructed to City standards. City staff reviewed the petition, and recommends approval of Ordinance 2024-025, Parkside Trails. Ryan Dugan was present on behalf of Pulte Homes. This project came to council for land use and zoning and is currently in site plan development. Would appreciate support of the petition. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard inquired about a solution to the reclaimed water issue in Wellness Way. City Manager Bulthuis stated that the applicant would come back before council with a proposal to use a well. Council Member Howard stated that he could not support this request. Council Member Gonzalez inquired about the possibility of more Community Development Districts in the future. Planner Kruse informed council that he is not aware of any. Mr. Dugan explained that a Community Development District is a governmental unit created to serve the long-term specific needs of a community. Council Member Pines moved to approve Item No. 6. Ordinance No. 2024-025. Communitv Development District Final; Seconded by Council Member Mvers. The motion passed by roll call vote 4-1 with Council Member Howard opposing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 NEW BUSINESS Item No. 7 — Lien Reduction Request, 780 W. Hwy. SO Development Services Director Henschel presented the item. This request is for a lien reduction for the Burger King Restaurant located at 780 East Hwy 50. This parcel is approximately 1.07 acres and is zoned C-2 General Commercial with a future land use of Commercial. The current owner is Burger King Company LLC. The code case started in 2022 for issues surrounding storm water erosion and cited under section "Storm Drainage and Grading/Drainage." The Code Enforcement Board assessed fines at $250.00 per day in June of 2022. The lien began in July 2023 with an amount owed of $73,000.00 due to continued non-compliance. The parcel came into compliance in April 2024 after 766 days with a total amount owed of $147,750.00. The applicant is proposing a full waiver of the amount owed. City staff and several departments were involved, including Florida Department of Transportation and the Public Services Department. Therefore, staff is recommending 20% ($29,550) of the amount owed. The applicant, Mr. Eddie Alvarez, acquired this franchise three and a half years ago and was not aware there were ongoing issues. The storm water drain had collapsed. They have completed the work to fix the issue and built a retention pond to avoid this issue in the future. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. The property first came before the Code Enforcement in 2016, which is the amount of time the storm water runoff has been an issue. Council spoke about being comfortable with having the applicant pay 10% of the amount owed. Council Member Gonzalez moved to anvrove the Davment of $14.775 vaid within 60 days or revert to the original amount owed. seconded bv_ Council Member Howard. The motion Dassed by roll call vote 5-0. Item No. 8 — Lien Reduction Request,1283 Legendary Blvd. Development Services Director Henschel presented the item. This is a request for a lien reduction on a Single Family Residence located inside the Beacon Ridge neighborhood at the Legends Community located at 1283 Legendary Blvd. Mr. Daniel Boyan who recently passed away owned it, and currently his heirs have control of the property. The family has retained an attorney, Mr. Cameron White, who has been in contact with the City. The parcel is zoned Planned Unit Development with a future land use of Master Planned Development. The case started in November 2021 for an unpermitted pergola in the backyard, cited under 'Building Permit Required". After several attempts to have the owner permit the pergola, the case went before the code enforcement board in May 2022. The Code Board assessed fines of $150 per day until compliance was met. On May 19, 2023, due to non-compliance and fines that continued to accrue, the Code Enforcement Board created a lien. The parcel came into compliance on May 7, 2024, after 689 days with a total amount owed of $103,350.00. Mr. White, who is representing the property, is requesting a lien reduction since the property is in compliance and the family is attempting to sell the residence. The applicant is proposing a lien payout of $1,000.00; the amount owed which staff agreed to due to the circumstances of the case. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 The estate representative, Mr. White, stated that as soon as the family learned about the violation they took action to remove the item that was in violation. The property is under contract to sell with a closing set for July. The family is asking for leniency with the timeframe for the payment. The house is in probate and they are awaiting documents to move forward with the sale. They are asking Council to wait until the house sells for payment. City Manager Bulthuis said that the family has cleared the violation and has worked with staff. Mayor Murry opened public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed the timeframe for payment and if they could wait for closing. City Attorney Mantzaris informed council that they could set any timeframe for payment, there should be a stipulation regarding payment in the event that closing does not happen. Council Member Myers stated she would be okay with reducing the amount to $500. Council Members Pines and Gonzalez agreed. Council Member Howard stated that he was not comfortable reducing the amount with all of the work city staff has put in over the years. The Mayor agreed that he was not in' agreement with reducing under $1,000. Council Member Gonzalez moved to annrove the oavment of $500 paid within 90 days or closine of the urouertv or revert to the ori6nal amount owed; seconded by Council Member Mvers. The motion passed by roll call vote 3-2 with Council Member Howard and Mavor Murry onnosins. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2024 ADJOURN: With no further comments, this meeting adjourned at 8:35 pm. APPROVED: Tim Murry, Mayor` ATTEST: JIA-�� Tracy Ackroyd Howe, MMC City Clerk