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10.10.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, September 10, 2024 at 6:30pm 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 Police Chaplain James Pagan gave the invocation, followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Murry presented a proclamation for Childhood Cancer Awareness Month to Jessica Messer. PUBLIC COMMENTS Samii Yakovetik, 4480 Powder Horn Drive — spoke regarding the region around Flat Lake and the county wanting to place a road through it. She requested Council consider allowing two chickens per residence in the city. Joe Fumasi, 2693 Jumping Jack Way — spoke about the MSTU for Ridgeview in Wellness Way and requested Council to abolish the Ordinance that allows this. City Manager Bulthuis explained that there was an agreement with Lake County that when Wellness Way was developed there would be an MSTU to fund that area. All developers in Wellness Way were aware and agreed to the MSTU. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: City Manager Bulthuis informed the Council this is a request to table the following four items to October 8, 2024. Deputy City Clerk Wisniewski read the titles aloud of Ordinance No. 2024-034, Ordinance No. 2024-035 and Ordinance No. 2024-036 and Resolution No. 2024-025R. Item No. 7 — Ordinance No. 2024-034, Hooks Street Self -Storage Phase 2 Annexation Final AN ORDINANCE UNDER THE CODE OF ORDINANCES 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. Council Member Pines moved to table item 7.Ordinance No. 2024-034. Hooks Street Self- Storase Phase 2 Annexation Final to October 8. 2024: seconded by Council Member Myers. Passed unanimouslv 5-0 with all members present voicing ave. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 Item No. 8 — Ordinance No. 2024-035, Hooks Street Se f Storage Phase 2 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. Council Member Pines moved to table item 8. Ordinance No. 2024-035. Hooks Street Self - Storage Phase 2 SSCPA Final to October 8. 2024: seconded by Council Member Myers. Passed unanimously 5-0 with all members Dresent voicing ave. Item No. 9 — Ordinance No. 2024-036, Hooks Street Self -Storage Phase 2 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. Council Member Pines moved to table item 9.Ordinance No. 2024-036. Hooks Street Self - Storage Phase 2 Rezoning Final to October 8. 2024: seconded by Council Member Myers. Passed unanimously 5-0 with all members Dresent voicing ave. Item No 10 — Resolution No. 2024-025R, Hooks Street Self -Storage Phase 2 CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A SELF -STORAGE FACILITY OCCUPYING MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Council Member Pines moved to table item 10. Resolution No. 2024-025R. Hooks Street Self -Storage Phase 2 CUP to October 8. 2024: seconded by Council Member Myers. Passed unanimously 5-0 with all members Dresent voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 Item No. 12 — Lien Reduction,1800 South US Hwy 27 City Manager Bulthuis informed the Council this is a request to table the item to October 22, 2024. Council Member Pines moved to table item 12. Lien Reduction, 1800 South US Hwv 27 to September 24.2024: seconded by Council Member Mvers. Passed unanimously 5-0 with all members present voicing ave. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Addressed the road connection through the Flat Lake region. The road is on a concept plan with Lake County for the future, there are no funds currently to develop the road. • The 9/11 ceremony will take place tomorrow at 10 am at the Arts and Recreation Center. • The first public budget hearing will be Thursday, September 12 at 6:30 pm. • There will be a council workshop regarding parking plan on Minneola on Tuesday, September 17. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. Mayor Murry commended City Attorney Mantzaris for winning Lawyer of the Year. CITY COUNCIL REPORT Council Member Myers — • Received letters from residents pleased with the road paving that took place. Council Member Pines — No report. Council Member Howard — No report. Council Member Gonzalez — • Thanked the Fire Department for assisting Groveland with the fire at Southern Hill Farms. Mayor Murry — • Addressed allowing chickens in the City. City Manager Bulthuis stated that staff has drafted an Ordinance and asked Council if they would like staff to move forward with bringing that to Council or discuss further at a workshop. The consensus was to add the discussion to the October workshop. Staff will provide Council with the draft Ordinance prior to the workshop. City Manager Bulthuis explained that any Home Owners Association rules would prevail over city ordinance. • Thanked those who attended the Mayor's lunch. • Invited the Public Information Officer to speak about Citizens Academy 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 Public Information Officer Windham stated that the fall Citizens Academy starts October 2 and runs for seven consecutive weeks. The Citizens Academy gives residents a closer look into each department of the city. • Will be attending the 9/11 ceremony. 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 — Plat Approval Item No. 3 — Bid Award & Budget Amendment Fire Prevention Facility Consider approval of the August 21, 2024 Council Workshop and the August 27, 2024 Council Meeting Minutes. Consider approving the Parkside Trails Phase 1 Plat for 251 lots. Consider awarding bid to The Kinsmen Construction Company, Inc. to provide interior/exterior renovations to 650 W. Montrose property, paid from the Fire Impact Fees Fund, in the amount of $395,556. Item No. 4 — Contract Amendment Consider the wastewater reclamation facility WWTP Construction Services expansion professional engineering services, second contract amendment with Tetra Tech, Inc. in the FY 2025 budgeted amount of $557,021. Item No. 5 — Collective Bargaining Agreements Consider approval of agreements with the With the International Association of Firefighters, International Association of Firefighters, AFL - AFL -CIO — Clermont Professional Firefighters CIO, Clermont Professional Firefighters Local Local4350. 4350 for the period October 1, 2024— September 30, 2027. Item No. 6 — Piggyback Purchase Approval Fire Truck Consider approval to purchase from Sourcewell, a nationwide cooperative contract, number 113021 with Ten-8 Fire & Safety, LLC. to purchase an aerial tower in the amount of $1,916,876. Council Member Howard pulled Consent Agenda Item No. 2 and Item No. 5 for further discussion. Charlene Forth pulled Consent Agenda Item No. 5 and Item No. 6 for further discussion. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 Council Member Gonzalez moved to approve Consent Agenda Items 1. 3 and 4 as presented: seconded by Council Member Pines. Passed unanimouslv 5-0 with all members present voicing ave. Item No. 2 — Plat Approval Council Member Howard inquired if there had been water solution for the irrigation on the property found. City Manager Bulthuis stated that there is an agreement for an irrigation well. Council Member Howard is opposed to the development. Council Member Pines moved to approve Consent Agenda Item 2 as presented: seconded by Council Member Mvers. Passed 4-1 with Council Member Howard opposing. Item No. 5 — Collective Bargaining Agreements With the International Association of Firefighters AFL-CIO — Clermont Professional Firefighters Local 4350. Council Member Howard stated that he was not in favor of the contract. He explained that the DROP program will create compression and not used as a bargaining tool. The increase in salary is beyond what other City employees will be getting next fiscal year. Charlene Forth, 939 W. Desoto Street — Expressed her opposition to the agreement and stated that the employees in Public Services needed to be at the top of the list. Alison Strange, 1120 W. Lakeshore Drive — Supported the agreement, which will bring the pay for firefighters to a comparable level of the surrounding cities. Bryan Bain, 245 Nautica Mile Drive — The pay within the agreement is in line with the competition. Approving this allows the city to maintain the ISO rating which affects homeowner's insurance rates. Bryan Bull, President of the Clermont Professional Firefighters Association — The pay increase keeps the City competitive with the surrounding cities. City Manager Bulthuis explained that the Fire Department is 30 percent of the City's overall budget. Clermont is one of the only cities that fund our Fire Department strictly from General Fund. Other Cities along with the County have fire assessment fees that offset the cost. Mayor Murry stated that he is in support of the agreement. Council Member Pines moved to approve Consent Agenda Item 5 as presented: seconded by Council Member Gonzalez. Passed 4-1 with Council Member Howard opposing. Item No. 6 — Piggyback Purchase Approval, Fire Truck Charlene Forth, 939 W. Desoto Street — Expressed concern with placing an item with a cost of $2 million on the consent agenda. Samii Yakovetik, 4480 Powder Horn Place — expressed concern with the cost of the fire truck. Brian Bain, 245 Nautica Mile Drive — purchasing the fire truck at the time will save the city $300,000.00. This is planning, which is important. City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 City Manager Bulthuis stated that Council has been working on getting equipment to the standard it should be. Fire Chief Ezell has a replacement schedule for all equipment, including fire trucks. City Manager Bulthuis explained that equipment would need to be ordered in two years for Fire Station No. 5. Council Member Pines moved to approve Consent Agenda Item 6 as presented: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 7, 8, 9 and 10 - These items were addressed earlier in the meeting and tabled to October 8, 2024. NEW BUSINESS Item No. 11— Variance Request,1149 W. Montrose Street Development Services Planner Kruse presented the variance request. The applicant, The Ford Design Group, is requesting a variance to the Land Development Code, Section 125- 520 Special Setbacks in order to place a detached garage behind an existing home 5 feet from the rear property line. The Land Development Code requires any detached garage to be located behind the front yard building setback line, and must be able to meet the primary structure setbacks. The R-3 Residential Professional District requires a 25-foot rear yard setback. The pre -fabricated metal garage is 23-foot long and 26 feet wide for a total of 598 square footage. The applicant indicates that a deposit was made on the structure to the building supplier. Also, the homeowner is requesting the 5-foot rear yard setback to allow the parking of a large RV and truck, which requires extra space for turning around safely in the backyard. The proximity of the garage structure may be considered as intrusive to the adjacent property owners. Section 101-246 of the Land Development Code requires a positive finding on all Review Criteria and Findings requirements for granting a variance. City staff has reviewed the application as presented and finds the application does not meet the criteria for a positive finding on all five of the review criteria. Therefore, staff recommends denial of the variance request to the Land Development Code. Sean Ford, The Ford Design Group along with the property owner, Nathaniel Kinsy, were present. Mr. Ford stated that the 25-foot setback is excessive for this property. The need to place the garage in the setback is so the owner can pull in and out without any impact to the residence. Mr. Kinsy explained that he is requesting the variance to replace the two older sheds placed on the property. The garage would hold a vehicle along with lawn equipment. Mayor Murry opened the public hearing. Glenda Jackson, 1025 W. Montrose - spoke in support of the variance request. Larry Jackson, 1025 W. Montrose — spoke in support of the variance request. Rosetta Cheese, 1169 W. Montrose — no issues with the request. Mayor Murry closed the public hearing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 Council Member Howard explained that this structure could fit on the property within the setback. He is not in support of the variance request. Discussion ensued on the size and placement of the garage. Council Members asked the applicant if they were willing to relocate the structure closer to the 25-foot setback. Mr. Kinsy explained that he did not feel he could maneuver a vehicle in and out safely if the structure moved within the 25-foot setback. Mayor Murry suggested the item table and the applicant work with staff to come to a solution of having the structure within the setback or closer to the setback. Council Member Gonzalez moved to table Item No. 11 — Variance Reauest. 1149 W. Montrose Street to October 8. 2024: seconded by Council Member Howard. Passed unanimouslv 5-0 with all members present voicine ave. Item No. 12 — Lien Reduction,1800 South US Hwy 27 This item was addressed earlier in the meeting and tabled to September 24, 2024. Item No. 13 — Utility Service Agreement, GK Rogers Commercial Development Services Planner Kruse presented the utility service agreement. The applicant, Jimmy Crawford, Esq., is requesting water and sewer utility services for a commercial project located at the north end of Autoplex Lane behind the Tesla Dealership within Lake County. The applicant is currently going through the rezoning process in Lake County and has requested utility service. The property, 17 acres, is located in the City's Interlocal Service Boundary Agreement and Joint Planning Agreement with Lake County. The applicant is requesting up to 5,000 gallons per day of water and sewer capacity for commercial use. The commercial user has not been identified. Therefore, no specific site plan is available. The estimated water and sewer use has been based upon possible end users of the site. Since there is no specific site plan and end user identified, staff recommends denial of the utility agreement. The applicant's representative, Jimmy Crawford, was present. Mr. Crawford explained that they applied for a utility availability letter and not a utility service agreement. In order to move forward with the County to change the zoning of the property they have to provide a utility availability letter from the City. Staff has recently made a change and is no longer issuing the letters and having applicants apply for the agreement. His client could build without utility services from the City, it is a possibility the property will annex into the City, and an agreement would not be needed. City staff is requesting the end user of the property and the applicant is not in a position to disclose that to the public at this point in the process. He asked for a letter to show the County to move the process along. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed this property being contiguous to city limits and the reason for the applicant to work with the County and not annex into the City. Mr. Crawford explained that the City requires more details than the County. He did state that the project would meet City standards. City Attorney Mantzaris told Council that utility availability letters have previously been used against cities regarding capacity. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 Discussion ensued regarding providing a utility availability letter versus having a utility service agreement. There could be a stipulation of annexing the property into the city within a year of approval. Council Member Howard moved to approve Item No. 13 — Utility Service Aereement. GK Ro¢ers Commercial: seconded by Council Member Gonzalez. City Manager Bulthuis informed Council that if the applicant applies for annexation and the Council does not approve of the project the property owner fulfilled their obligation to the agreement by applying. City Attorney Mantzaris suggested if Council would like to provide the utility availability letter to deny the motion and staff will work with the applicant on providing the letter. Denied unanimously 0-5 with all members present voicin¢ nay. Item No. 14- Ordinance No. 2024-038, Family Christian Center of Clermont 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. Deputy City Clerk Wisniewski read the title aloud. Council Member Pines moved to introduce Ordinance No. 2024-038. Family Christian Center of Clermont: seconded by Council Member Myers. Passed unanimously_ 5-0 with all members present voicine ave. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 10, 2024 ADJOURN: With no further comments, this meeting adjourned at 8:54 pm. APPROVED: Tim Murry, M�aor ATTEST Tracy Ackroyd Howe, MMC City Clerk