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HomeMy WebLinkAbout06.24.2025 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 CALL TO ORDER The City Council met in a regular meeting on Tuesday, June 24, 2025, at 5:30pm in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 5:30pm with the following Council Members present: Council Members Strange, Howard, Myers and Petersen. Other City officials present were Interim City Manager Van Wagner, City Attorney Waugh, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplain Christian Ferris gave the invocation, followed by the Pledge of Allegiance. PRESENTATIONS Juneteenth Art and Essay Participants Ms. Hoisington presented the students who won each category of the Juneteenth Art and Essay contest. The two students who won the Art contest were Kaley Blackshear in the K-51 group and Kaden Wooding in the 9''-12s' group. The essay contest winners were Brandon Davis Jr. in the 6'-8' group and Jordan Taylor in the 9th-12t' group who each read their essays aloud. The council thanked the participants. Mayor Murry and Council Member Petersen spoke about attending the Juneteenth celebration. PUBLIC COMMENT Charlene Forth, 939 W. Desoto Street — expressed concern with the statement the mayor reads. Linda Bebe, 431 W. Minnehaha — spoke about businesses downtown serving alcohol and an incident in May. Banks Helfrich, 9100 Sams Lake Road — spoke about gun safety. Paula Hoisington, 564 E. Desoto Street — thanked Council and city staff for the Juneteenth event. Mayor Murry requested Interim City Manager Van Wagner to explore hosting a jazz concert. Council Member Strange suggested working with Lake County tourism and Clermont Main Street. Mayor Murry addressed the inquiry on alcohol in the downtown area. Interim City Manager Van Wagner stated that staff conducted a survey of downtown establishments that serve alcohol. He will give a formal presentation at the next Council meeting. Council Member Strange inquired about any incidents taking place since May. Police Chief Graczyk stated that he is only aware of two incidents this year in the downtown area. He will investigate this further and provide Interim City Manager Van Wagner with a report to include in his presentation. AGENDA CHANGES Interim City Manager Van Wagner informed the Council of the following agenda change: Item No 3 — Sole Source Approval - pulled from the agenda. Item No. 15 — Ordinance No. 2025-024, Code Enforcement Special Magistrate Final City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Interim City Manager Van Wagner informed the Council this item was withdrawn from the agenda. 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 — Grant Writing Services Application Request Item No. 3 — Sole Source Approval Neptune Water Meters and Equipment Item No. 4 — Contractor Transfer of Liability Vehicle Equipment and Installation Services Item No. 5 — Piggyback Term Contract Facility Security Systems Item No. 6 — Piggyback Term Contract Hydrant and valve maintenance, repair, and replacement services Item No. 7 — Piggyback Term Contract Hydrant and valve maintenance, repair, and flushing services Item No. 8 — Piggyback Term Contract Fire Dept. Consider approval of the June 10, 2025, council meeting minutes. Consider approval to submit a grant application to the Environmental Protection Agency to address damage sustained from Hurricane Helene Consider approval of a single/sole source purchase from Ferguson Enterprises, LLC. to acquire Neptune water meters and systems, data collector equipment, related accessories, and repair services. Consider contractor name change approval from Public Safety Supply, LLC to Dana Safety Supply, Inc. Consider approval to piggyback the Sourcewell Term Contract No. 121024 with Convergint Technologies, LLC for Facility Security Systems. Consider approval to piggyback the Town of Longboat Key Term Contract No. IFB 24-091 with R&M Service Solutions, LLC. Consider approval to piggyback the Seminole County Term Contract No. IFB-604913- 24/LAS with HydroMax USA, LLC. Consider piggyback approval of City of North Port Term Contract No. RFQ 2025-22 with On - Scene Repairs & Maintenance, LLC to provide brush truck, ambulance, and fire apparatus repair, maintenance, and upfitting services. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Item No. 9 — Imagine Charter School Resource Consider approval of the Education Charter Officer Agreement Item No. 10 — Resolution No. 2025-017R Department of Governmental Efficiency Team Item No. 11— Task Order Powell Studio Architecture Charlene Forth pulled Consent Item No. 10. Foundation Agreement for the SRO Program from August 11, 2025, through May 29, 2026. Consider cooperation with the Florida DOGE Task Force. Consider Task Order approval with Powell Studio Architect, LLC to provide professional services for the expansion and renovation of Fire Station #2 for a total budgeted amount of $162,450. Council Member Howard moved to approve Consent Agenda items 1-2, 4-9 and 11; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 10 — Resolution No. 2025-017R, Department of Governmental Efficiency Team Charlene Forth, 939 W. Desoto Street — would like to see a citizen budget review committee as Council Member Myers previously suggested. Paula Hoisington, 564 E. Desoto Street — asked what this process means to the city and if participation is mandatory. Council Member Strange stated that she brought this forward. She felt this was something good for the city to participate in. This audit will look at processes and being accountable with how tax dollars are spent. City Attorney Waugh explained that in the first executive order participation was not required. Several counties and cities have complied. Florida legislature has passed legislation that can compel local governments to require the opening of various documents and there are potential daily fines if they do not comply. Mayor Murry added that the audit will not find any missing money. The audit will look at procedures, and a forensic audit is necessary if looking for missing money. Council Member Strange stated that she was comfortable that the financials that she was provided were accurate. With the finance audits complete all money has been accounted for. Council Member Strange requested that Interim City Manager Van Wagner include the estimated costs of conducting a forensic audit covering periods of two years, five years, and ten years as part of the upcoming budget workshop discussions. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Council Member Howard moved to approve Consent Agenda item 10, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing Ue. UNFINISHED BUSINESS Item No. 12 - Ordinance No. 2025-011, Heritage Square Florida 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. City Clerk Howe read the title aloud. Development Services Director Henschel presented the rezoning request. The applicant, Tom Kovatch, is requesting a rezoning to C-2 General Commercial zoning to remove the previously approved Planned Unit Development (Ordinance No. 2019-47) for a distillery with tasting room, restaurants and a retail shop. The vacant six -acre parcel, previously used as a steel fabrication site, is located at the northeast corner of State Road 50 and 12th Street. The property was rezoned from M-1 Industrial to Planned Unit Development in November 2019 by City Council. As part of the Planned Unit Development, the applicant requested seven waivers to the Land Development Code for this development to be considered. The applicant is willing to remove these entitlements currently and seeks to develop the property under the direction of permitted C-2 General Commercial uses since the distillery is no longer a viable option. The applicant also purchased a small portion of the adjoining property at the southeast point that is now incorporated into the request. This small pie -shaped piece is currently zoned M-1 Industrial, and the applicant wishes this piece to be rezoned to C-2 General Commercial as well. The property has a future land use of commercial, which aligns with the C-2 General Commercial zoning. The applicant, at the time of securing users for the site, will be required to go through the site review process and meet the Land Development Code. If a variance is needed or if a use is a conditional use, then the applicant will be required to seek council approval. Staff recommended approval of Ordinance No. 2025- 011. Jimmy Crawford, Crawford, Modica and Holt were present on behalf of the applicant. He provided an overview of the property's history and spoke about the current restrictive zoning on the property. This property is the western entrance into the city, and he asked the council to trust the applicant will provide a nice project as they did with 50 West at the eastern entrance of the city. The applicant, Thomas Kovatch, spoke about his comments at the Planning and Zoning Commission meeting. Mayor Murry opened the public hearing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 John Tidona, 3611 Briar Run Drive — spoke about traffic and suggested a moratorium on all projects. Christine Clark, 13221 Rainbow Lane — spoke in support of commercial zoning. Vincent Niemiec, Regency Hills — spoke about transparency. Charlene Forth, 939 W. Desoto Street — spoke about quality of life for the neighbors of this property. Rebecca Ryan, 1071 Chestnut Street — expressed concern with what will be built and traffic. Jenny May 4062 Greystone Drive — spoke about the process and transparency from the applicant. Mayor Murry closed public comments. Mr. Crawford spoke about traffic studies, staff recommended approval, and that the applicant needs the zoning changed to market the property for sale. He stated that the applicant will work with the city regarding the site plan. There was discussion about the property's commercial zoning, its current Planned Unit Development designation, and what the zoning would go back to if the Planned Unit Development were abandoned. Council Member Strange disclosed that she had two conversations with Planning and Zoning Commissioners, conversations with individuals that live or work in the historic downtown area and a conversation with Mr. Crawford. She stated that the property owner has rights, and the city needs a form - based code. She is in favor of the rezoning. Council Member Howard disclosed that he spoke to the applicant prior to the meeting. He believed that commercial zoning is the correct zoning for that property. Discussion ensued with the applicant returning to council with the site plan and traffic in the area. City Attorney Waugh informed council of the review criteria for rezoning amendments. Council Member Strange moved to approve Ordinance No. 2025-011. Heritage Square Florida Rezoning: seconded by Council Member Howard. Passed 4-1 with Council Member Petersen opposed The next two items were presented together and voted on separately. City Clerk Howe read both titles aloud. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Item No. 13 — Ordinance No. 2025-022, 963 W. Juniata Street 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. Item No. 14 — Resolution No. 2025-011R, 963 W. Juniata Street CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PROFESSIONAL OFFICE USE IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT ALONG WITH THE FOLLOWING SPECIAL CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT: (1) A REDUCTION IN REQUIRED PARKING SPACES FROM EIGHT (8) PARKING SPACES TO FIVE (5) SPACES AND (2) TO ALLOW THE FIVE (5) PARKING SPACES TO BE LOCATED ALONG THE RIGHT-OF-WAY, AS SHOWN IN THE SITE PLAN PREPARED BY BURKETT ENGINEERING, DATED 01-2025; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Development Services Planner Kruse presented the item. The applicant, Dr. Blair Handy, is requesting a small-scale comprehensive plan amendment for the subject property located at 963 West Juniata Street. The single-family home was constructed in 1954 and is approximately 1,550 square feet of conditioned space. Dr. Handy would like to convert the home into a medical office for her audiology practice. The size of the property is approximately a quarter of an acre. This request is being heard concurrently with a request for a conditional use permit to allow office use in the existing R-3 Residential/Professional zoning. The small-scale comprehensive plan amendment would change the Future Land Use from Medium Density Residential to the Residential/Office. The requested medical office use is not a use designated in the Medium Density Residential Land Use. The medical office use would be allowable in the Residential/Office future land use per Policy 1.7.1 of the City's Future Land Use Element. Within this City block, Block 98, the current future land uses are Downtown Mixed Use, Medium Density Residential and Residential/Office. One existing parcel within this block is currently designated as Residential/Office future land use. The parcel is being used for office use and is bordered by Medium Density Residential. The proposed medical use would be similar to the existing office use and would be bordered by Medium Density Residential and Downtown Mixed Use. The proposed Residential/Office future land use would provide a more appropriate transition from Medium Density Residential instead of Downtown Mixed Use. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Staff were in support of the small-scale comprehensive plan amendment to change the future land use from Medium Density Residential to Residential/Office. The Planning and Zoning Commission recommended approval, 7-0, as presented. The applicant is also requesting a Conditional Use Permit to convert the home into a medical office. She intends on using the existing footprint of the house with no plans for additions currently. Dr. Handy will work onsite by herself and the hours of operation will be 10 AM to 2:30 PM, Tuesday through Thursday, and would only see one patient at a time. She would like to add a few parking spaces in the City's right-of- way in front of the property for her clients, similar to the adjacent dentist's office to the east. Public Services has reviewed her proposal and did not see any concerns based upon the submittal. More detailed engineering specifics would be required at the site plan approval stage. The current zoning is R-3 Residential/Professional. Under Section 125-250 Conditional Uses of the R-3 zoning code, professional offices may be allowed, including doctor's offices. Under Section 125-247, the purpose of the R-3 district provides for those professional services not in direct conflict with the residential usage and which do not generate traffic of such a nature as to require industrial or commercial zoning. Due to the nature of a one-on-one doctor -client setting, the small office space, and the provision of five parking spaces, the medical office is not expected to generate a significant amount of traffic over the current residential volumes. With the current placement of the structure and the lot dimensions, adding spaces under the current zoning designation is impossible due to the Land Development Code requirements. The applicant is requesting two special conditions as part of the Conditional Use Permit application. The first special condition is to only add five parking spaces instead of the required eight. Five spaces can be added in front of the existing building. The second special condition is to use a portion of the City's right-of-way to allow construction of parking spaces. While most of the spaces are within the property, a small portion of the spaces will be in the City's right-of-way. Staff have reviewed the applicant's proposal and have no evidence that granting the Conditional Use Permit at this location would be incompatible with the uses in the area. The Planning and Zoning Commission recommended approval, 7-0, as presented. Staff supports the request for a Conditional Use Permit with the two special conditions and recommends approval of Resolution No. 2025-011R. Robert Walker, Burkett Engineering was present on behalf of the applicant. He has worked with staff on this project and is requesting approval. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — Spoke in opposition. Mayor Murry closed the public hearing. City Attorney Waugh informed council of the review criteria for a comprehensive plan amendment per Clermont Code section 101-284 and for a Conditional Use Permit per Clermont Code section 101-212. Discussion ensued on the current and future land use for the property as well as the stormwater system and parking. Council Member Strange stated that this is not consistent with the neighborhood and she will not support it. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 There was discussion regarding state law on home businesses, this applicant would not be residing in the home. Council Member Myers stated that the applicant came before council previously. The council was opposed to their application, suggested changes and for the applicant to return. The applicant worked with staff, made changes and the council is still opposed. Council Member Strange said that this project is inconsistent with the current code and plan and stated that is the reason she opposes the project. Mayor Murry stated that there are multiple businesses in that area. His concern was the five parking spaces in front of the home. Discussion ensued about having the parking spaces match the parking of the business next door so the sidewalk can continue and create a safer environment for pedestrians and motorists. Council Member Howard stated that he would support the project if the parking can be adjusted. Mr. Walker said he will work with an engineer and has no issues with moving the sidewalk closer to the residence. Council Member Petersen moved to deny Ordinance No. 2025-022, 963 W. Juniata Street SSCPA; seconded by Council Member Strange. Council Member Howard verified with the applicant that the sidewalk will be updated to match the neighbor's sidewalk. Motion failed 2-3 with Council Member Howard, Council Member Myers and Mayor Murry opposed. Council Member Howard moved to approve Ordinance No. 2025-022, 963 W. Juniata Street SSCPA: seconded by Council Member Myers. Passed 3-2 with Council Member Petersen and Council Member Strange opposed Discussion ensued regarding having the Conditional Use Permit tied to the property owner and specific use as well as the land use conditions within the Conditional Use Permit. City Attorney Waugh stated that council can add a condition that states the Conditional Use Permit is tied to the specific owner, this is not common and could be challenged. Discussion ensued regarding language in the resolution and the timeframe for work to begin before expiration. Development Services Planner Kruse spoke about the expiration of the Conditional Use Permit. Council Member Howard moved to approve Item No. 14 Resolution No. 2025-011R. 963 W. Juniata Street CUP with the provisions that it be limited to a medical office and the street parking moved north with the sidewalk to the south mirroring what was done at the dentist's office next door: seconded by Council Member Myers. The council discussed the 180-day window of needing a new Conditional Use Permit if this office ceases operations. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Passed 3-2 with Council Member Petersen and Council Member Strange opposed. Item No. 15 — This item has been withdrawn. Mayor Murry recessed the meeting at 8:07pm; Mayor Murry reconvened at 8:15pm. NEW BUSINESS Item No. 16 — Variance Request, 73910`h Street Development Services Planner Kruse presented the item. The applicant, Philip Stockman, is requesting variances to the Land Development Code (1) to allow a rear yard setback to be five feet instead of 7 and a half feet as required for an accessory structure by Section 125-520 and (2) exceeding the maximum impervious surface ratio coverage for single-family of 55 percent. The applicant would like to install a 13 foot by 23 foot in -ground pool with a surrounding patio area on their property located at 739 10th Street. The property is currently being used for single-family use and is in the R-3 zoning designation. Staff reviewed the applicant's request for the placement of an in -ground pool encroaching into the required setback and exceeding the maximum ISR and does not support approval. The variances would not provide uniformity and character of the surrounding neighborhood and, while the property has the absence of a rear neighbor, staff remains concerned about visibility, potential stormwater run-off, and overall compatibility with adjacent properties. Strict adherence to the rear setback and ISR standards supports the City's goal of orderly development, effective stormwater management, and consistency with the Land Development Code. Section 101-246 of the Land Development Code requires a positive finding in the Review Criteria and Findings to grant a variance. Staff have evidence that three of the five criteria do not meet these findings in a positive way and recommended denial of the request. The applicant, Phil Stockman provided background on the purchase of the property and stated that his property is a small irregular lot that was not designed for modern zoning standards. He requested Council approve his variance. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — spoke in support of the variance. Valerie Schuett, 931 W. Montrose Street — spoke in support of the variance. Vincent Niemiec, Regency Hills — spoke about the shed in the yard. Mayor Murry closed the public hearing. The council discussed fencing and safety requirements for a pool. Development Services Planner Kruse informed the council that safety requirements are part of the building permit process. Discussion ensued on power lines that run through the property, the size of the pool as well as the impervious surface. P] City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 City Attorney Waugh urged the council to look at the criteria for a variance and informed them that there are strict Florida Statutes regarding construction of pools that would address some of the issues council has regarding this variance. Council Member Howard moved to approve Item No. 16 Variance Request. 739 loth Street, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 17 — Variance Request,1070 Chestnut Street Development Services Director Henschel presented the variance request. The applicant, Edward Cappellano, is requesting a variance to the Land Development Code to allow a front yard setback to be less than the 25-foot minimum setback requirement in the R-2 Medium Density Residential zoning district under Section 125-195. The applicant is proposing to construct a 26-foot-wide 10-foot-deep covered porch, which would result in a front yard setback of approximately 14.7 feet. The single-family home is located at 1070 Chestnut Street and is located under the Medium Density Residential (R-2) zoning designation. Staff reviewed the property data and confirmed that the home was constructed in 1974. Staff understood that the proposed addition may enhance the property's value and provide additional covered outdoor space for the property owners. The applicant has provided photos of surrounding homes with similar porch styles. Further research indicates that no variances were granted for front yard setbacks. This could be a result of the homes being constructed in the 1970's, prior to the adoption of the current 25-foot front yard setback requirement. Staff reviewed the applicant's request and, because the proposed porch would encroach more than 10 feet into the required setback, staff does not support the approval of the variance. Section 101-246 of the Land Development Code requires a positive finding in the Review Criteria and Findings to grant a variance. Staff have evidence that two of the five criteria do not meet these findings in a positive way and recommended denial of the request. City Attorney Waugh clarified that there needs to be a positive finding on all five criteria for staff to recommend approval. The applicant, Edward Cappellano explained that he has improved the property, and this is the final piece to finishing the home. He spoke with neighbors regarding the variance and did not receive any opposition. He requested approval of his variance. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street - spoke in support of the variance. Rebecca Ryan, 1071 Chestnut Street — spoke in support of the variance. Ben John, 1003 Chestnut Street — spoke in support of the variance. Mayor Murry closed the public hearing. Discussion ensued on the concept design showing a raised porch. Mr. Cappellano explained that there is currently a step up into the house so the porch will need to have steps to match the height of the house. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Mayor Murry questioned the length from the porch to the street. Development Services Director Henschel stated that there would be approximately 15 feet. Council Member Strange moved to approve Item No. 17 Variance Request. 1070 Chestnut Street, seconded by Council Member Petersen. Passed unanimously 5-0 with all members present voicing aye. Item No. 18 — Variance Request, 931 W. Montrose Street Development Services Planner Kruse presented the item. The applicant, Valerie Schuett, is requesting two variances to the Land Development Code. One, to allow a second accessory dwelling unit on a single lot that would exceed that maximum allowed and two to allow a rear yard setback to be less than the minimum setback requirements for a detached accessory dwelling unit. The property is in the Central Business District. The property has an existing attached additional dwelling unit located over the garage on the property and a non -conforming bomb -shelter on the south portion of the property. The applicant proposes to construct a 30-foot-wide by 24-foot-deep two-story secondary accessory dwelling unit. Due to the condition of the existing non -conforming structure, the proposed structure may need to be built around it, resulting in a rear yard setback of approximately 6.8 feet, which is encroaching on the required 7.5 feet setback. However, the Land Development Code permits only one accessory dwelling unit per property. The addition of a second accessory dwelling unit would increase residential density in a manner inconsistent with the intent of the code and may contribute to a more commercial character for the property. Furthermore, the proposed placement of the second accessory dwelling unit would encroach on the required rear yard setback, potentially setting a precedent for similar requests for additional accessory dwelling units and reduced setbacks. The applicant could add additional units based upon the Central Business District zoning. However, it would require a commercial review process which would include stormwater, parking, landscaping, and fire code. Section 101-246 of the Land Development Code requires a positive finding in the Review Criteria and Findings to grant a variance. Staff have evidence that three of the five criteria do not meet these findings in a positive way and recommended denial of the request. The applicant, Valerie Schuett explained that this is a larger lot than most in the area. The house and garage are on the east side of the lot which leaves the west side open. There is an unusable bomb shelter on the west side of the lot that takes up space. The variance for the setback is in case they must build around the bomb shelter as these are hard to demolish. She will be living on site and will continue to be residential; the additional dwelling unit is a way to add value to the property. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — spoke in support of the variance. Mayor Murry closed the public hearing. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Discussion ensued regarding the bomb shelter and future potential for the property being split into two separate lots. Council Member Strange requested the additional dwelling unit be built on the west side of the property and the footprint follow the setback requirement from the middle property line to be able to split the lot in the future. Council Member Petersen moved to approve Item No. 18 Variance Request. 931 W. Montrose Street; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 19 — Lumberyard / Row House Paving Development Services Director Henschel informed the Council that this item was added at the request of Council Member Howard. He provided an updated status on the Lumberyard / Row House parking lot which is scheduled to be paved per the community benefit agreement for the Lumberyard. The value of the paving is $325,000. Council Member Howard stated that paving the lot will make it smaller as the proposal shows using some of the current parking lots for water retention. The current parking lot has been there for years, is pervious and works for the rowers and sailboat regatta. He was not in support of paving the lot and giving away this amount of land. The Lumberyard is 85 percent impervious, and he did not feel that the city should follow that path with paving the parking lot. Mayor Murry opened the public hearing. Valerie Schuett, 931 W. Montrose Street — spoke in opposition of paving the parking lot. Charlene Forth, 939. W. Desoto Street — spoke in opposition of paving the parking lot. Rebecca Wilson, Lowndes Law Firm, was present on behalf of the Lumberyard and clarified that this will not be a wet stormwater pond. She informed the council about the future of the parking lot and the swales for stormwater which mostly comes from public infrastructure. The community benefit agreement was approved in November 2024 and was deemed a public benefit. While the council may choose not to pave the parking lot, the Lumberyard intends to proceed with development per the approved site plan, city and county right-of-way permits, and a water management district permit —consistent with supportive letters from city staff of the water management district application and location. Barabara Maorel, Montrose Street — requested clarification on the paving of the parking lot. Mayor Murry closed the public hearing. Mayor Murry explained that currently it is a limestone parking lot for the boat house. This will not impede the boathouse and provide a flat parking lot to redirect the water when it rains. Council Member Strange reminded everyone that this area was previously a roundabout and boat ramp. She questioned the procedures followed to amend the original Planned Unit Development. Discussion ensued on using public land to benefit a private development, whether the city is gaining or losing property with this project, public access to the area and the water runoff to Victory Point. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Council Member Howard suggested leaving the property as it is. Ms. Wilson clarified that not all runoff from the Lumberyard property flows into Victory Point. She explained that the stormwater runoff primarily originates from surrounding infrastructure, including roads, sidewalks, and the parking area. Additionally, she emphasized that existing agreements remain in effect regardless of any changes in administration until such time an agreement is amended. Council Member Howard stated that he would like to amend the agreement to remove the parking lot from its terms. Ms. Wilson explained that if the request is to amend the agreement to exclude the construction of the parking lot, she would be amenable to that. However, she clarified that they cannot agree to remove the swales, as those swales serve both City and County properties in accordance with permits issued by the Water Management District. She noted that the swales are currently under construction in compliance with those permits, which were issued with the full knowledge of the City. They are moving forward with executing the agreement that is currently in place. Council Member Strange questioned if the amendment to the Planned Unit Development was properly advertised and noticed with two meetings. Ms. Wilson stated that the Community Benefit Agreement is not the Planned Unit Development; rather, it is the mechanism by which a party may obtain additional density. She further noted that the original Community Benefit Agreement stated it could be amended through mutual written agreement of both parties, subject to a vote of the council which occurred in November 2024. Council Member Howard said the survey was incorrect which changes the Community Benefit Agreement. He stated that the survey was off over thirteen feet on an adjacent property. City Attorney Waugh addressed the council regarding Florida Statute § 163.380, subsection (3)(a), which pertains to interests in public property. He further informed the Council about the principle of equitable estoppel, explaining that once an approval is granted, particularly if a party has expended funds or relied on permits or official actions taken by the City, they may be entitled to seek injunctive relief. When the city is receiving benefit from something, the city can waive that. An amendment is needed for an isolated part. He explained that if the city is receiving a benefit from something, it can choose to waive certain requirements. He also mentioned that an amendment may not be needed to address one specific part of the agreement. There was discussion on whether this matter should have been addressed through an amendment to the Planned Unit Development rather than through the Community Benefit Agreement. Ms. Wilson provided a record outlining the events that have occurred since the amendment was approved. She stated there may be a way to ensure that 100 percent of the water entering the park is public water, and that they can work on capturing all the water on their site. She also reiterated that the Council, at the time, requested the paving and they are agreeable to removing that portion from the agreement. The council discussed the agreement and paving the parking lot along with the water runoff. City Attorney Waugh requested that the council provide staff with direction. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Mayor Murry suggested tabling the item to allow both parties to come together and revise the Community Benefit Agreement. Interim City Manager Van Wagner informed the council that he received information regarding adjacent property that raises concerns. As a result, he has directed staff to pause the project until the issue is resolved. Council Member Howard stated that his preference would be to amend the permit to remove this piece of property. City Attorney Waugh requested the opportunity to speak with the developer and will present something at the next meeting. Council Member Strange moved to table Item No. 19 Lumberyard / Row House Paving to July 29, 2025: seconded by Council Member Howard. Passed unanimously 5-0 with all members present voicing ave. Item No. 20 — 650 W. Montrose Street Property Discussion and Action Development Services Director Henschel provided an overview of the building and presented the council with three options for the property located at 650 W. Montrose. Thos options included sale of the property, leasing the property or the city retains the building for its own use. Finance Director Borror proposed retaining the building and establishing a call center that would combine the efforts of the Utility Billing and Public Services departments to better address issues such as leak detection and customer service calls. He noted that space limitations within City Hall are impacting on the ability to hire additional staff. Staff view the use of this location as a collaborative solution to support both departments' needs. Marvin Puryear spoke regarding the options to sell or lease the building. There have been seven properties sold in the area for an average of $1.2 million. He believed that the building could lease for around $3,950 a month. Mayor Murry stated he previously proposed leasing the building to the South Lake Chamber of Commerce. He felt that the property is valuable, and the city should keep it for growth. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard stated that the property is in the Central Business District and a call center does not need to be located on this property. The city owns property on 121 Street and can place a call center on that land. The Montrose property needs to be placed back on the tax roll. Council Member Myers said that staff need more space, and the entire Utility Billing Department can move over and free up space in City Hall. The city needs more customer service now and we own this property. Discussion ensued regarding space at other locations the city owns that may be able to accommodate the Utility Billing Department. Assistant Finance Director Cassidy explained that the entire department would move to the Montrose building. There is a need for an additional counter agent, there are currently three customer service agents with no room for expansion. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 The council discussed renovating City Hall to create more room for Utility Billing and the tax generated from selling the property. Council Member Howard moved to make the Montrose Street property surplus and place it for sale; seconded by Council Member Strange. Motion failed 2-3 with Mayor Murry, Council Member Myers and Council Member Petersen opposed. Interim City Manager Van Wagner informed Council that the city is currently facing challenges with effectively communicating with residents. To address this, he recommended that staff temporarily relocate to the Montrose building. In the meantime, he proposed constructing a new facility on 12th Street, where staff would move permanently once the building is completed. Discussion ensued on temporary solutions in City Hall while a building is built on 12' Street so the building could be sold to be on the tax roll for 2026. Interim City Manager Van Wagner stated that there is interest in purchasing the Montrose property. Finance Director Borror stated that there is a need for additional staff due to the high volume of calls currently being received. He suggested selling the Montrose Street property and using the proceeds to support another city solution, whether that involves renovating an existing building or constructing a new one. Council Member Myers motioned for us to have our departments transferred over to 650 W. Montrose Street temporarily, until we can fmd another place where we can build another building; seconded by Council Member Petersen. Mayor Murry asked if the motion would include having the proceeds from the sale of 650 W. Montrose go towards a new building for Utility Billing. Council Member Myers amended to add to use the proceeds of that building to another building; seconded by Council Member Petersen. Motion passed 3-2 with Council Member Strange and Council Member Howard opposed. Item No. 21— Lake Dot Property Discussion and Action Development Services Director Henschel stated that City staff were seeking direction from the council regarding a small 6,300-square-foot parcel owned by the City of Clermont, located near the corner of State Road 50 and Lake Avenue. The city acquired the parcel in 2012 through a Code Enforcement case via a tax sale certificate for $7,000. An adjacent property owner has expressed interest in purchasing the parcel and has submitted an appraisal valuing it for $50,000. Staff requested the council's direction on how to proceed with the disposition of the property. Council Member Strange inquired if the property would fit a building for the Utility Billing Department. Development Services Director Henschel said that the property would not accommodate a building and be able to meet the setback requirements. The parcel is an odd shape and is sloped which would cause wall height and setback issues. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 Council Member Howard moved to make this piece of property surplus to sell; seconded by Council Member Myers. Council Member Strange stated that this property is on a lake. The property could be used for park space. Council Member Howard stated that the owner of the adjacent property would like to purchase this property to build workforce housing. The council discussed how the property would be listed if it was placed for sale, how big a building could possibly be built as well as being able to make the property into a park. Council Member Howard rescinded his motion. Council Member Strange moved to keep the property and incorporate it into the parks plan to discuss during the budget cycle, if it is not used then address at that time: seconded by Council Member Petersen. Mayor Murry opened the public hearing. Valerie Schuett, 931 W. Montrose Street — stated that she was in favor of placing a park at that location. Mayor Murry closed the public hearing. Motion passed 4-1 with Mayor Murry opposed. REPORTS CITY MANAGER REPORT Interim City Manager Van Wagner — • City Hall will be closed July 4 for Independence Day. • Budget Workshops are scheduled for July 8, July 10, and July 15 at 9:00 am. • The next Council meeting will be July 29. • Fireworks for Independence Day will be on July 4 at 9:00 pm. CITY ATTORNEY REPORT City Attorney Waugh — He addressed the public statement made by Mayor Murry at the beginning of meetings, clarifying that boards are not prohibited from maintaining decorum. While the public has First Amendment rights, those rights are not absolute in a public assembly. Both city and county governments are permitted to establish and enforce rules of decorum. He stated that there is nothing in the mayor's statement that constitutes a violation of those rights. CITY COUNCIL REPORT Council Member Strange — • Lake County Tourism hosted their strategic planning last week and spoke on their focus. 16 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 • Lake County Tourism will host a workshop to discuss the two-, five- and ten-year plan for which facilities the Tourism Development tax will be used to improve. She will have updates for Council at the July 29 meeting. • Attended the Florida sports summit and received feedback on our city. • Requested limiting presentations to fifteen to twenty minutes. • She has received feedback from the community to return to a 6:30 pm start time for the second Tuesday Council meeting. Council Member Howard — • Main Street has an approved tree plan in place and will be getting new trees soon. Council Member Myers — • Attended the MPO meeting last week. A list of projects was shared; Wellness Way is scheduled for expansion from two to four lanes for 2026/2027. Council Member Petersen — • Attended the Juneteenth celebration and was impressed by the talent. • Spoke to Lake County Commissioner Parks and believe we are one step closer to providing EMS service. Mayor Murry — • Attended the quarterly Mayor/City Manager meeting. • Lake County EMS is in negotiation to house an ambulance at the old fire station in Minneola and another off State Road 50. • The mayor's luncheon will be on July 1 at Mission BBQ. • Attended the Juneteenth event. • Attending the Mayors' workshop this week in Tampa/Clearwater. • On July 11 the local branch of the Florida League of Cities will be doing a presentation on the elimination of property taxes in Groveland at 12pm. 17 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2025 ADJOURN: With no further comments, this meeting adjourned at 10:47 pm. ATTEST - Tracy Ackroyd Howe, MMC City Clerk 18 APPROVED: JXAA Tim Murry, Mayor