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10.24.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, September 24, 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 Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Father Wajada from Blessed Sacrament Catholic Church gave the invocation, followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Murry presented a proclamation for Fire Prevention Week to the Clermont Fire Department. PUBLIC COMMENTS Franklin Forth, 955 W. Desoto Street— spoke on the upcoming final budget hearing. Joe Fumasi, 2693 Jumping Jack Way - spoke about the MSTU for Ridgeview in Wellness Way and requested Council reconsider the Ordinance. Charlene Forth, 939 W. Desoto Street — expressed concern regarding election signage from the Clermont Firefighters Union endorsements. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • The Procurement Department received the 2024 Achievement of Excellence in Procurement Award. Mayor Murry presented the department with the award. • Reviewed the schedule of meetings for the remainder of the year along with the election in November. City Manager Bulthuis reminded Council that the Final Budget Public Hearing is scheduled for Thursday, September 26, 2024. There will be a storm on Thursday and asked if Council would like to reschedule the hearing. The consensus from Council was to reschedule the hearing to Monday, September 30, 2024 at 6:30 pm. City Manager Bulthuis reviewed the dates below. November 5, 2024 General Election November 12, 2024 Council Meeting November 15, 2024 Official Election Results Certified November 26, 2024 Council Meeting Canceled (Thanksgiving week) December 10, 2024 Council Meeting —Oath of Office for Seats 1, 3 and 5. December 24, 2024 Council Meeting Canceled (Christmas week) 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2024 • Tuesday, October 1 is National Night Out at Waterfront Park. Chief Broadway informed residents that activities for the entire family are from 5 pm to 8 pm. The opening ceremony will be at 6 pm. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Pines — • Addressed comments made regarding the Clermont Firefighters Union and their endorsement. Council Member Gonzalez — • Honored on the endorsement from the Clermont Firefighter and Police Unions. • This month is National Hispanic Month. • Sips and Salsa was a great event. • Reminded residents to prepare for the storm. Council Member Howard — No report Council Member Myers — No report. Mayor Murry — • Attended the Sips and Salsa event. • Mayors Luncheon, October 1 at Dim Sum. • Clermont City website will have storm updates. • Requested City Manager Bulthuis explain the MSTU in Wellness Way. City Manager Bulthuis explained that there was an agreement with Lake County that when Wellness Way was developed there would be an MSTU to pay for the road maintenance in that area. All developers in Wellness Way were aware and agreed to the MSTU. City Attorney Mantzaris stated that the Council does have the ability to repeal the Ordinance. He will gather more information on how that would affect the assessment system in that area and return to Council with his findings. City Manager Bulthuis informed Council that he would speak with Lake County Commissioner Parks, as this will change the dynamic of the plan for Wellness Way. 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 Consider approval of the September 10, 2024, Council meeting minutes and September 12, 2024, First Budget Public Hearing minutes. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2024 Item No. 2 — Employee Benefit Renewal and Changes Effective January 1, 2025 Item No. 3 — Dispatch Agreement Renewal Item No. 4 — Valencia College Facility Sublicense Agreement Renewal Item No. 5 — Resolution No. 2024-035R Parks & Recreation and Utility Billing Fees Consider approval of the employee group medical, dental, vision plan, life and disability renewal and enhancements. Consider the Law Enforcement Dispatch Services Agreement for 2024 to 2025 in the budgeted amount of $549,744. Consider the Valencia College Facility Sublicense Agreement for 2025 to provide for Fire Department facility training in the budgeted amount of $10,200. Consider amendments to the fee schedule. Item No. 6 — Flodash Event and Road Closure Consider event and road closure request for Request "Freedom 5k" on July 4, 2025. Council Member Gonzalez moved to approve Consent Agenda Items 1 - 6 as presented; seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 7 — Lien Reduction,1800 South US Highway 27 Development Services Director Henschel presented the item. This request is for a lien reduction on a commercially zoned (C-2) parcel located at 1800 South US Highway 27, formally known as the Rusty Truck Restaurant. The owners of the property are 708 Mace Avenue and it is approximately 1 acre in size. The case started in February 2023 for several violations to include signs, flags, disabled vehicle and a landscape requirement violation. On October 16, 2023 there was a lien created, with an amount owed of $24,000 and continued to accrue until it met compliance on December 8, 2023. The parcel came into compliance after 176 days at a total amount owed of $44,000. The parcel remains in compliance today. The applicant is proposing a lien payout of $6,000, approximately 13.5 percent, of the $44,000 owed. The applicant, Elizabeth Figueroa, purchased the property and leased it out. In August of 2023, became aware of the violations and spoke with the tenant regarding them. The tenant assured her that three of the four violations were resolved and they were working on the fourth violation. The owner took over and fixed the violation and the property has been in compliance since then. She stated that each violation was $6,000 and asked for a reduction from the $24,000 to $6,000 for the one violation that was not resolved immediately. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2024 Discussion ensued on the length of time to come into compliance, the mailing address for the notices and the costs the city has endured for this violation. Council Member Howard stated that he was in support of the reduction to $6,000 and inquired if the applicant could pay that in sixty days. The applicant stated sixty days was sufficient. Council Member Howard moved to annrove the lien reduction to $6.000.00 navable by November 24. 2024: seconded by Council Member Myers. Passed unanimously 5-0 with all members uresent voicing ave. NEW BUSINESS Item No. 8 — Variance Request, 4469 Lions Gate Avenue Development Services Planner Kruse presented the item. The applicant is requesting a variance to allow for a walkway constructed of concrete pavers to remain as existing for a single-family residence located at 4469 Lions Gate Avenue in the Hartwood Landing Subdivision. The paver walkway was constructed on both sides of the house within the required 5-foot side yard setback. The survey indicates a side yard setback of 5 feet, which is documented in the Planned Unit Development. This request would allow a paved sold walkway with rocks to be located up to the existing 6-foot PVC fence. In this case, the applicant has filled the entire side yard with pavers and decorative rocks, leaving a zero -foot setback. The applicant has installed gutters and a French drainage system to help prevent water damage to the single-family structure. The survey identifies a utility easement on each side of the single-family structure. The purpose of the utility easement is to ensure sufficient water runoff and prevent property flooding. The existing walkways may be considered intrusive and could impede the proper water runoff and drainage for the lot. All utility easements should remain free of this type of improvement or encroachments to ensure proper drainage. The applicant has provided Home Owners Association approval documents for the improvements along with 30 letters of support from neighbors. The Land Development Code requires a positive finding on all five review criteria for granting a variance. Staff has reviewed the application and supporting documents and finds the applicant does not meet the required positive findings for the provisions of the code. Therefore, staff recommends denial of the requested variance to the Clermont Codes. The applicant, Diego Gomes, presented a PowerPoint that explained he placed the pavers for accessibility because the land was not even. The pavers also save money on irrigation costs. The contractor did not inform him of any permits needed from the city. The base of the pavers are sand and dirt and not concrete. Mayor Murry opened the public hearing. Pamela Riefkohl, 4782 Cragmere Loop — HOA president. In support of the variance request. Fernando Salinas, 4465 Lions Gate — spoke in support of the variance request. Fabiola Lawry, 4458 Lions Gate — spoke in support of the variance request. Guilherme Dias, 4786 Cragmere Loop — spoke in support of the variance request. James White, 4411 Renly Lane — spoke in support of the variance request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2024 Mr. Sien, 4407 Renly Lane - HOA Vice President. Spoke in support of the variance request. Heather Logan, 4453 Renly Lane — spoke in support of the variance request. Pete Zahorodni, 4482 Renly Lane — spoke in support of the variance request. Mayor Murry closed the public hearing. City Attorney Mantzaris clarified that a variance request is specific to a property. If approved, this does not grant anyone else the right do this. Council Member Pines and Council Member Myers stated their support for the variance. They reminded residents that a variance is an exception and to go through the process before doing any work outside your home. Council Member Howard and Council Member Gonzalez were not in support of the request. There needs to be consistency within the city and variances do not follow the rules of city ordinances. Mayor Murry stated that the city has codes in place to keep consistency. Council Member Pines moved to anurove the variance reauest for 4469 Lions Gate Avenue: seconded by Council Member Mvers. Motion nassed 3-2 with Council Member Howard and Council Member Gonzalez onnosine. Discussion ensued on how the city can be more proactive in reaching out to new developments regarding the city codes and permitting process. Item No. 9- Ordinance No. 2024-040, Firefighters Retirement Pension Plan Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF CLERMONT FIREFIGHTERS' PENSION TRUST FUND AT CHAPTER 28, ARTICLE IV OF THE CITY OF CLERMONT CODE; PROVIDING PLAN BENEFIT REVISIONS; 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. 2024-040. Firefighters Retirement Pension Plan: seconded by Council Member Mvers. Council Member Howard stated that he is not in support of the language within the ordinance. Motion nassed 4-1 with Council Member Howard onnosine. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2024 ADJOURN: With no further comments, this meeting adjourned at 8:06 pm. APPROVED: ----------- Tim Murry, ayo ATTEST: Tracy Ackroyd Howe, MMC City Clerk