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HomeMy WebLinkAbout4.28.2026 - City Council Minutes City of Clermont MIN UTES REGULAR COUNCIL MEETING April 28,2026 CALL TO ORDER The City Council met in a regular meeting on Tuesday, April 28, 2026, at 3:30 pm in the 4--I ont City Council Chambers_ Mayor Murry called the meeting to order at 3:30 pm with the Following Council Members present: Council Members Strange,Bain,Petersen and Myers. Other City officials present were City Manager Van Wagner,City Attorney Waugh,Deputy City Manager Matthys and Deputy City Clerk Wisniewski_ INVOCATION AND PLEDGE OF ALLEGIANCE Father Mark Wajda From Blessed Sacrament Catholic Church gave the invocation, followed by the Pledge o£Allegiance. PRESENTATIONS Deputy City Manager Matthys introduced the Champion of the Quarter Program, launched in January to recognize outstanding employees nominated by peers for integrity, compassion, adaptability, and stewardship of resources_ The City Manager's Office reviews nominations and selects a quarterly winner_ "Phis quarter, Lieutenant Nicholas Bloom of the Clermont Police Department was chosen from four nominees. Nominated by Ramsey Jimenez, he was recognized for exceeding expectations, demonstrating strong leadership and integrity, supporting colleagues,and Fostering a positive work environment. Finance Director Borror presented the F7k'2025 independent audit reports, introduced Heather Mosier of Carr,Riggs 8c Ingram and noted she would summarize the process and Findings_ Heather Mosier presented the FY2025 audit results,reporting an unmodified opinion for both the City and Community Redevelopment Agency<CRA) with no material weaknesses, compliance issues, or findings_ A required single audit related to American Rescue Plan Act(ARPA)funds also showed no issues,and all COVID-related Funds have been fully expended. Additional required reports contained no Endings, and new accounting standards were implemented without material impact. She noted no disagreements with management and concluded that the audit process was completed smoothly_ Council Members asked follow-up questions regarding the audit,and Ms.Mosier confirmed there were no concerns, risks,or areas requiring additional attention, and no issues that could pose future problems. She noted that compared to the prior year, the audit process improved and ran more smoothly, with minimal recommendations, as earlier transition and new standard implementation issues had been resolved_ Staff Father informed the public that audit reports, including the city and CRA audits and a simplified Popular Annual Financial Report(PAFR),are available on the city's website For review. PUBLIC COMMENT Paula Hoisington, 564 E_ DcSoto Street — raised concerns about reports that a recruitment Erna, Lean Solutions Group, may be contacting current city managers regarding a potential Clermont City Manager search without public discussion_ She requested clarification and an investigation into whether the activity was legitimate or unauthorized_ Kurt Schuh,Clern'tont resident—urged remembrance of Fallen service members and the sacrifices made in past wars ahead of Memorial Day_ 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Council discussed concerns regarding an alleged confidential City Manager recruitment effort involving Lean Solutions Group,with both staff and Council confirming no prior knowledge or authorization of any such search.The City Attorney advised that any legitimate recruitment would require Council approval and agreed to begin fact-finding to determine the validity of the claim and whether the City's name was being improperly used. AGENDA CHANGES There were no changes to 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 Consider approval of the April 14,2026,Council Meeting minutes. Item No.2—Easement Request Consider Assignment of Easement Rights for the widening of Hartwood Marsh Road. Item No.3—Grant Acceptance Consider$250,000 grant acceptance from the Fire Dept. Live Well Foundation of South Lake for the purchase and installation of Safe Haven Baby Boxes. Item No.4—Resolution No. 2026-OIOR Consider approval to remove accounts receivable and write-off$182,882.13 as a bad debt expense from the Business Tax Registration Program repealed during Fiscal Year 2025. Item No.5—Resolution No.2026-012R Consider approval of recommended updates to Investment Policy Update the city's investment policy. Item No.6—Grant Agreement Approval for Consider approval to utilize the Intelligence Cybersecurity Grant Program Request&Information System(IRIS)to perform Florida Local Government criminal investigations and process intelligence information. Item No. 7—Task Order Approval Consider Task Order approval with Halff Associates, Inc. to provide Civil Engineering services to complete Fire Station#2 Remodel for a total value of$67,500. I 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Item No.8—Task Order Approval Consider Task Order approval with Halff Road Reconstruction Associates, Inc. to provide civil engineering and surveying services to complete Fran Mar Court for a total budgeted amount of$111,827.50. Item No.9—Task Order Approval Consider Task Order approval with Halff Road Reconstruction Associates, Inc. to provide civil engineering and surveying services to complete Carolyn Drive for a total budgeted amount of$111,927.50. Vincent Niemiec pulled Consent Agenda Item No. 2. Council Member Myers motioned to approve Consent Agenda items 1. 3-9. Seconded by Council Member Petersen. Council Member Bain discussed Consent Agenda Item No. 4 regarding the write-off of approximately $183,000 in unpaid business tax debt dating back to 2006 and requested confirmation that reasonable collection efforts would continue to ensure consistent enforcement standards. Council and staff discussed the City's elimination of business tax receipts and noted that continued collection is a policy decision,with staff recommending against expending additional resources on collection due to the age of the accounts and the likelihood that many businesses are no longer in operation. The motion passed 5-0 with all members present voicing aye. Item No.2—Easement Request Vincent Niemiec,Regency Hills—expressed concern about the cost of relocating utilities for the Hartwood Marsh expansion project and questioned who would be responsible for those expenses.He referenced Lake County's $12 million loan and suggested the issue had been known for years, raising concerns about potential city costs and taxpayer impact,and requested clarification on funding responsibility and how the utility relocation decision was made. Assistant Director of Public Services Maiworm explained that the utilities were located within county right- of-way, and, per the county permit agreement, the city is responsible for relocating them if roadway expansion requires it. He noted this is a standard obligation for utilities placed in public right-of-way,that the project has been planned and budgeted for over several years,and that the utilities will be relocated into a dedicated easement along Kings Ridge to facilitate the expansion. Council discussed that utility placements within roadway rights-of-way often result from earlier planning decisions made before future expansion needs were fully anticipated. Staff explained that utility relocation is a standard requirement during road improvement projects and is typically accounted for within long-term capital planning and budgeting. Mayor Murry opened public comments. There were no comments. Mayor Murry closed public comments. Council Member Petersen motioned to approve Consent Agenda Item No. 2. Seconded by Council Member Myers The motion passed 5-0 with all members present voicing aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 UNFINISHED BUSINESS Item No. 10—Ordinance No.2026-011,Amend Community Development District Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING ORDINANCE 2022-018 TO CONTRACT THE BOUNDARIES OF THE WELLNESS RIDGE COMMUNITY DEVELOPMENT DISTRICT LOCATED WITHIN THE CITY OF CLERMONT, FLORIDA; DESCRIBING THE BOUNDARIES OF THE LAND TO BE REMOVED FROM THE WELLNESS RIDGE COMMUNITY DEVELOPMENT DISTRICT AND DESCRIBING THE NEW EXTERNAL BOUNDARY OF THE WELLNESS RIDGE COMMUNITY DEVELOPMENT DISTRICT AFTER CONTRACTION; PROVIDING FOR ALL OTHER CONDITIONS TO REMAIN UNCHANGED; PROVIDING FOR SEVERABILITY AND REPEAL; PROVIDING FOR ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR; PROVIDING FOR AN EFFECTIVE DATE;AND PROVIDING FOR RECORDING. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Kruse presented the item. The Petitioner, the Wellness Ridge Community Development District(CDD),is requesting to amend the current CDD Ordinance No.2022-018 to contract the boundary of the district by 0.08 acres. This revised request has been made by the petitioner, omitting the original request to add property known as "Sanctuary at Wellness Ridge." The current boundary includes 574.01 acres of land within the district, which is known as the Wellness Ridge Development. The contraction includes a small portion of the neighborhood non-residential center that should not be subject to the CDD. The small contraction parcel has no home sites on it and no infrastructure in the district. The removal of this would have no impact or effect on the current homeowners in the district. The request would decrease the boundary district to approximately 573.93 acres. As part of the review,city staff requested one condition be placed into the ordinance. It is under Section 5, Board Turnover. This condition has been added to protect the current lot owners from extending the time period of the turnover of the CDD. The creation of the CDD is governed under Chapter 190 of the Florida Statutes. Within Lake County, there are close to 60 CDD's in existence, of which four are in the City of Clermont. The original CDD was presented and approved by City Council on May 10, 2022, for the Wellness Ridge property. The City Council's role is to hear the petition and vote to either approve or deny the requested contraction of the boundary of the Wellness Ridge CDD.The city received objection emails from some of the property owners for the original expansion and contraction petition, however no objections have been received for the contraction only. This agenda item was tabled at the April 14 meeting to allow the petitioner to amend their request and remove the expansion portion of the CDD boundary. Staff recommended approval of Ordinance 2026-011, subject to condition outlined under Section 5,Board Turnover. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Jan Carpenter, counsel for the Wellness Ridge Community Development District (CDD), explained that instead of pursuing a previously proposed expansion, they are now only requesting a minor boundary contraction.This adjustment involves less than a tenth of an acre along a roadway and is necessary to correct a surveying error that occurred once the road was properly constructed. She emphasized that this change is purely administrative and will not affect the district's budget,infrastructure,or residents in any way. Mayor Murry opened the public hearing. Joe Fumasi,2693 Jumping Jack Way—requested denial,claiming the CDD is not acting independently and is instead serving the developer.He also cited ongoing infrastructure failures,including roads not meeting city standards,and urged action before any further approvals. Mayor Murry closed the public hearing. Discussion ensued on clarifying that the hearing was only about a very minor boundary contraction rather than the broader CDD itself,which had already been approved.It was explained that the change is required due to a surveying error and must go through a formal petition process under Florida law and does not provide a mechanism to dissolve or reconsider the entire CDD. Lane Register of Lennar Homes clarified that the small parcel in question was mistakenly included in the CDD due to timing issues between its establishment and final roadway design, specifically the addition of a turn lane.He explained the land is owned by a separate entity not part of the CDD,making the adjustment a necessary administrative correction, and noted that denying the petition would not impact Lennar but would negatively affect the actual property owner. Discussion clarified that the small parcel contraction does not invalidate the district but instead corrects an error to return responsibility to the proper property owner. It was explained that the CDD manages infrastructure such as stormwater systems within its boundaries, while the Municipal Service Taxing Unit (MSTU)and Homeowners Association(HOA)handle landscaping and maintenance,though some overlap has caused confusion. Council members stressed the need to clearly define these roles, and Mr. Register noted that a separate CDD for the Sanctuary area will be proposed, along with an interlocal agreement to ensure coordination and shared responsibility,particularly for stormwater management and environmental stewardship. Council Member Strange Motioned to approve Item No. 10.Seconded by Council Member Myers The motion passed by roll call 4-1 with Council Member Petersen opposed. The next three items were heard together and voted on separately. Item No. 11 —Ordinance No.2026-015,Kohl's 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. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28, 2026 Deputy City Clerk Wisniewski read the title aloud. Item No. 12—Ordinance No.2026-016,Kohl's 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 11, 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 EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Item No. 13—Ordinance No.2026-017,Kohl's 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. Development Services Planner Gonzalez presented the items. The applicant is requesting a voluntary annexation, a small-scale comprehensive plan amendment, and a rezoning of the subject parcel for the purpose of providing the existing commercial uses with enhanced city services. The property is approximately 15.9 acres and is located at 12305 US Highway 27. Through coordination with the city's Development Liaison, Zane Ertel, the City identified the site as a candidate for annexation,which was determined to be mutually beneficial for both the property owner and the City. The subject property is located within the Interlocal Service Boundary Agreement (ISBA) area as well as the Joint Planning Area(JPA). It is contiguous to the city limits along its southern and eastern boundary, satisfying the statutory requirement for adjacency. The city already provides sewer service to the site, and annexation would extend additional municipal services, including Police and Fire, ensuring a unified and efficient level of service. The property meets all applicable requirements for voluntary annexation as outlined in Section 171.044, Florida Statutes,and is contiguous to the existing city limits. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 The proposed map amendment will change the future land use designation from Lake County's Urban Low to the City's Commercial designation. The property is currently developed with a commercial retail department store. Policy 1.12.3 of the City's Comprehensive Plan encourages voluntary annexations, stating: The City shall encourage requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided,and when proposed uses are compatible with the City's Comprehensive Plan. The property is located along the US Highway 27 corridor,an area characterized by established and planned commercial uses. Annexation of this site is a logical extension of the city boundary and is consistent and compatible with the existing development pattern along this corridor. Staff have reviewed the request and found that the proposed comprehensive plan amendment meets the requirements for voluntary annexation,that the City is capable of serving the property,and that the request is consistent with the City's Comprehensive Plan. The proposed rezoning would change the designation from Lake County's Planned Unit Development (PUD)to the city's C-2 General Commercial Zoning district. The property was originally developed under Lake County's PUD, Resolution No. 1994-110 (Spring Valley),which entitled the area for 546 single family residential units and 20 acres for up to 160,000 square feet of commercial development. The property owner, Spring Valley, LTD, entered into a utility service agreement with the City on October 1, 1999,to receive wastewater services. As the PUD area has reached full development and no remaining entitlements or land use conditions apply to Kohl's parcel,the City's C-2 General Commercial designation is the most appropriate zoning district.C- 2 General Commercial is consistent with the existing use,aligns with the City's commercial standards along the US 27 corridor,and removes the need to rely on an outdated PUD document.Rezoning to C-2 General Commercial zoning will ensure consistent development regulations, signage standards,and administrative procedures for this established commercial parcel. Staff have reviewed the applicant's proposal and find the proposed zoning at this location is compatible with the uses in the area. The requested C-2 General Commercial designation is consistent with the City's Comprehensive Plan,Land Development Regulations. Staff recommended approval of Ordinance No. 2026-015, Ordinance No. 2026-016 and Ordinance No. 2026-017. Development Services Planner Gonzalez noted that the item was coordinated with the city's Development Liaison Zane Ertel and applicant representatives,including coordination with the applicant's corporate and retail offices located out of state. Although the applicant was not present, he indicated that Mr. Ertel was available to respond to any questions. Mayor Murry opened the public hearing.There were no comments.Mayor Murry closed the public hearing. Council Member Strange motioned to approve Item No. 11.Seconded by Council Member Myers The motion passed by roll call 5-0 with all members present voicing aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Council Member Petersen motioned to approve Ordinance No. 2026-016. Seconded by Council Member Myers The motion passed by roll call 5-0 with all members present voicing aye. Council Member Petersen motioned to approve Ordinance No. 2026-017. Seconded by Council Member Myers The motion passed by roll call 5-0 with all members present voicing aye. The next two items were heard together and voted on separately. Item No. 14—Ordinance No.2026-018,Sanitation Impact Fees Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA AMENDING CHAPTER 30, SOLID WASTE, OF THE CITY OF CLERMONT CITY CODE, CREATING A NEW ARTICLE III, SOLID WASTE IMPACT FEE; SECTION 30-33,FEE IMPOSITION; SECTION 30-34,ADOPTION OF TECHNICAL REPORT AS BASIS OF IMPACT FEES; SECTION 30-35, DEFINITIONS; SECTION 30-36, DETERMINATION OF FEE; SECTION 30-37, COLLECTION OF SOLID WASTE IMPACT; SECTION 30-38, SOLID WASTE IMPACT FEE SCHEDULE; SECTION 30-39, USE OF FUNDS COLLECTED; SECTION 30-40,EXEMPTIONS; SECTION 30-41, INTERPRETATION OF ARTICLE AND FEE SCHEDULE; SECTION 3042,EFFECT ON OTHER REGULATIONS AND REQUIREMENTS; SECTION 3043, ALTERNATIVE CALCULATION OF SOLID WASTE IMPACT FEES; AND SECTION 30-44, APPEALS; AND SECTION 30-45, UPDATING, ANNUAL REPORTING, AND AUDITS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Item No. 15—Resolution No.2026-013R,Fee Schedule Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE FEE SCHEDULE FOR IMPACT FEES; PROVIDING FOR CONFLICT,SEVERABILITY,ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Public Services Assistant Director Maiworm introduced consultant Kevin Winslow of Innovative Technical Solutions, who participated in preparing the city's impact fee study and indicated that he would provide a brief presentation.Kevin Winslow of Innovative Technical Solutions presented the city's impact fee study, explaining the methodology used to calculate fees based on Florida Statute 163.31801 and emphasizing that the fees apply only to new development. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 He outlined the cost components included in the analysis, such as collection bins, a proposed transfer station, collection vehicles, and administrative costs, and described how per-unit costs were derived using current city service data,with adjustments for residential and commercial users;he also provided estimated potential annual revenue based on projected new growth and concluded by offering to answer questions. Mayor Murry opened public comment. There were no comments. Mayor Murry closed public comments. Council Member Bain sought clarification on the impact fee for bins,and Public Services Assistant Director Maiworm confirmed each new customer receives one solid waste and one recycling bin at permitting,with additional bins charged separately.He explained the fee is collected at development and shifts future system expansion costs to new growth,with planning still in early stages. Mayor Murry questioned the proposed 675 tons per day transfer station capacity,noting it may be outdated due to growth, and Public Services Assistant Director Maiworm responded that it was based on buildout assumptions and would be refined during design,especially if outside service is considered.The mayor also raised concerns about recycling costs and efficiency, which he was informed would be further reviewed during upcoming budget discussions. Council Member Strange motioned to approve Item No. 14, Ordinance No. 2026-018. Seconded by Council Member Petersen The motion passed by roll call 5-0 with all members present voicing ave. Council Member Strange motioned to approve Item No. 15, Resolution No. 2026-013R. Seconded by Council Member Myers. The motion passed 5-0 with all members present voicing ave. NEW BUSINESS Item No. 16—Surplus Property Sale Development Services Director Henschel reported that Council previously declared surplus a 5,220-square- foot parcel from the former lumber yard development intended for a city lift station. The city received a single V 00 sealed bid from adjacent property owner Brian Hess.Mr.Hess intends to maintain the property as landscaped open space to serve as a buffer to the lift station,with potential future improvements such as a garage or wall. Staff recommended acceptance of the offer with conditions requiring the parcel to be combined with his adjacent property and limited to uses consistent with residential buffering and open space. Mayor Murry opened public comments. Brian Hess, 1166 Short Street—thank you in advance. Mayor Murry closed public comments. Council Member Bain stated that he met with the property owner on site to review the parcel and noted that the area appears to function as part of the adjacent property. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Mayor Murry noted prior discussions with the property owner regarding concerns about the lift station's proximity and emphasized the need to maintain the stipulations limiting the parcel to buffering use only to prevent future conflicts.He supported allowing improvements such as a garage or buffer wall,provided the buffer function and restrictions remain in place. Council Member Petersen motioned to approve the sale of the s=lus nronerty. Seconded by Council Member Myers The motion passed 5-0 with all members yresent voicing ave. Item No. 17—Surplus City Property Development Services Director Henschel presented a request to surplus a 1,335-square-foot city-owned remnant parcel located between the new Lumberyard lift station and adjacent private property. Staff explained the parcel was unintentionally left over after surveying, serves no public use, would create ongoing maintenance responsibility, and would sit between two fences after construction, and therefore recommended it be declared surplus while retaining a utility easement. Mayor Murry opened public comments. There were no comments.Mayor Murry closed public comments. Council discussed the proposed surplus of the property with concerns raised that the parcel may be part of a larger contiguous city-owned corridor that could be needed for future trail expansion,buffering, or park use. While staff explained the intent was to eliminate a leftover maintenance piece and align property boundaries for adjacent ownership while retaining utility easements, several Council Members expressed uncertainty about declaring the land surplus before a broader long-term plan for the corridor is established, noting ongoing survey and boundary confusion and the potential value of the strip for future public use. The item was ultimately discussed as potentially premature, with a suggestion made to table it, pending further input from consultants and clarification of long-term plans for the area. Council Member Petersen motioned to table the item. Seconded by Council Member Myers. Mayor Murry asked whether a specific date was required in the motion if the item was being postponed. City Attorney Waugh advised that a date should be included in the motion,or alternatively,the item could be postponed indefinitely. Council Member Petersen amended his motion to postpone the item indefinitely. Seconded by Council Member Myers. Council discussed whether to postpone the item or vote it down and bring it back later, with clarification that it could be postponed with or without a set date,including indefinitely.Council agreed that postponing the item was the best option to allow more time and revisit it in the future. The motion passed 5-0 with all members present voicing ave. Council Member Bain requested a ten-minute recess. Mayor Murry recessed the meeting at 5:30pm. Mayor Murry reconvened the meeting at 5:40pm. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Item No. 18—Variance Requests,4519 Lions Gate Ave. Development Services Planner Day presented the variance request. The applicant, Jean Malaquias, is requesting three variances to the Land Development Code as a result of a pending code enforcement case for installed pavers without a city zoning clearance. The property is within the Hartwood Landing Subdivision and is designated with the Planned Unit Development(PUD)zoning district by Ordinance No. 2019-09. The first variance request is to allow for a side yard setback to be less than the minimum five foot required by Ordinance No. 2019-09. This would allow for the existing paver walkways, which are estimated to be 210 sq ft each,to remain on the property encroaching into the side yard setbacks at zero feet on each side of the property. The second variance request is to allow for a rear yard setback to be less than the minimum five foot required by Ordinance No. 2019-09. This would allow for the nonconforming astroturf, that was existing on the property prior to the pavers being installed,to encroach into the rear yard setback at zero feet from the rear property line. If the first two variance requests are approved,the impervious surface ratio would increase to an estimated 90 percent. Requiring a third variance request to allow for an increase to the maximum 75 percent impervious surface ratio that is permitted per lot by Ordinance No. 2019-09. The applicant has indicated that the area was flooding prior to the installation of the pavers on the property. The lot layout indicates stormwater flows from the back to the front of the property. In order to account of the flooding that has been occurring on the property,the applicant proceeded to have two French drains and the pavers installed on the sides of the property. The French drains help direct the stormwater towards the road in order for the development's main stormwater drainage to catch the excess runoff. The applicant mentioned a practical hardship and claims that the work was necessary due to the property flooding within the walkways towards the back of their property. The applicant is willing to execute any required agreements or accept reasonable conditions for approval of the requests. Upon review of the applicant's request, staff are unable to support the variances requested. Land Development Code Section 125484 specifies PUDs are specifically approved after thorough evaluation of the project's concept plan by the City Council. Ordinance No. 2019-09 was approved for minimum side and rear yard setbacks of five feet from the property lines to accommodate for the minimum Drainage and Utility Easements required on each lot. Allowing encroachment into these easements and increasing the developable area may negatively impact the abutting properties and the subdivision's overall stormwater capacity. Under LDC Section 101-246,a variance may only be granted with a positive finding on all review criteria. Staff find the application fails to meet three of the five required criteria.Therefore,staff recommends denial of the variance request The homeowner, Jean Malaquias requested approval, stating the improvements were installed to address long-standing drainage issues and functioned effectively during the 2024 hurricane season without causing runoff impacts to neighboring properties.She noted staff had found partial compliance with review criteria, emphasized neighbor support and lack of objections,and asked Council to consider actual site performance and approve the variance with any appropriate conditions. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Myro Murry opened public comments. Kenneth Britter,4523 Lions Gate Ave.—stated he has no objection to the variance if drainage impacts are improved.They emphasized concern about excess water running off onto their property and requested that any changes reduce that impact. Council Member Strange asked whether Mr.Britter observed a difference in water runoff between the astro turf and the pavers.He responded that his observations were focused between the house and fence and did not specifically distinguish between the two surfaces, and he could not confirm any difference in runoff, also noting the fence placement and ownership along the property line. Mayor Murry closed public comments. Council discussed the variance request,focusing on drainage concerns between homes,the impact of pavers and astroturf on water runoff, and compliance with the 75 percent impervious surface limit. Council Members spoke about potential solutions such as gutters,French drains,or modifying materials,while also raising concerns about setting precedent, Homeowners Association (HOA) and permitting issues, and broader neighborhood impacts, with general agreement on the need to balance property access with responsible stormwater management. Council Member Bain motioned to approve variance number 1 and not approve the 2°d and 3'variances. Council Member Bain explained that he supported allowing pavers for side yard access but opposed any increase to impervious surface limits or reduced setbacks caused by astroturf, stating the property should meet existing code and only the first variance should be approved. Council Member Strange second the motion for purpose of discussion. Council also reviewed evidence showing significant water accumulation on the neighbor's property,raising concerns about impacts on adjacent properties.During the discussion City Attorney Waugh advised caution against council acting as engineers while noting they may impose conditions and reiterating that the burden remains on the applicant to justify the variance. Council Member Bain withdrew his motion. Council Member Strange motioned to approve the pavers on the east side of the property where the neighbor also has pavers. Seconded by Council Member Myers. Council discussed whether approving the variance would set a precedent, with City Attorney Waugh clarifying that each variance is considered on its own merits.Council Member Bain expressed concern that the applicant had not demonstrated sufficient justification for the variance and that council was assuming responsibility for substantiating the request,stating he could not support the request and suggesting denial, with Council Member Myers concurring. Council Member Strange noted the applicant had neighbor support and proposed a compromise to approve only the existing pavers on one side while addressing the remaining issues separately, including denying other variances to reduce runoff and stay within the 75 percent limit. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Council Member Strange amended the motion to approve the pavers on the east side that join the neighbor who has pavers and deny the rest of the variance. Seconded by Council Member Myers The motion passed 4-1 with Council Member Bain opposed. Council had a discussion about administrative variances,with staff explaining that some jurisdictions allow staff to approve limited variances,often within a small percentage range,if certain criteria are met,but this would require clear policies and guidelines;Council Member Strange explored whether this approach could help streamline similar cases in the future, while Mayor Murry expressed concern about giving staff too much discretion,preferring that variance decisions continue to come before Council on a case-by-case basis to ensure oversight and consistency. Council provided consensus that staff may bring forward a formal proposal in the future for Council to review and decide on, separate from the current case. Item No. 19—Resolution No.2026-007R,Immanuel Temple Church CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT, RESOLUTION NO. 760, TO EXPAND THE EXISTING CHURCH USE LOCATED IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT, PROVIDING FOR CONFLICT,SEVERABILITY,ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Day presented the item. The applicant, Michael Latham with GatorSktch, is requesting to amend and replace Resolution No. 760, to expand their existing church use to parcels designated with the R-3 Residential/Professional Zoning District. The properties, as shown on the map highlighted in yellow, are located east of the Bloxam Avenue and E Montrose Street intersection and are approximately .933 acres. The church located at 709 E Montrose Street, designated on the map shown as Area 3, is proposing to expand their use to construct a new 2,250sgft building on 743 E Montrose Street, depicted on the map as Area 1. The existing building, located in Area 1, has a legal nonconforming church use that has been operating in conjunction with the church since 1992, based on the information provided on Lake County Property Appraiser's website.The proposed expansion is being requested so that the church may be able to accommodate their anticipated growth. The new sanctuary would provide approximately 130 seats and allow the church to separate its uses between buildings.The current sanctuary would be repurposed for Sunday School use,while 709 E.Montrose Street would support ancillary functions and provide for overflow parking when needed. The applicant is requesting three waivers along with their request to redevelop the church in a way to make use of their size constrained parcels.The first would be to allow for off-site parking within a parcel outside of the Central Business Zoning District,required by Land Development Code Section 115-17.This would allow the church to utilize all three sites to accommodate for the minimum parking requirements. Parking spaces would be placed mainly on the vacant parcel north of 743 E Montrose Street, designated as Area 2 on the map. While 709 and 743 E Montrose Street would provide seven stalls on each site. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 The second and third waivers are requested to allow for a reduction to the minimum landscape requirements per Land Development Code sec. 123-43(d). The applicant is proposing to reduce the landscape buffer width from ten feet to five feet.As well as a reduction to the minimum amount of plantings for the perimeter buffers.Both areas in which the reduction would occur would be along the side and rear property lines for 743 E Montrose St. and the vacant parcel to the north. This would allow the applicant to improve the site while still complying with the applicable land development code requirements such as parking,stormwater, and accessibility,while still providing screening between the abutting properties. Staff have reviewed the application and found that the use would not be more obnoxious to the district due to the properties not having any substantial code case complaints made since the church has been in operation. The proposed expansion of the use does not appear to be detrimental to the health, safety, and welfare of the surrounding community; and the city's comprehensive plan supports Public Facilities/Institutional land uses, such as churches,within residential land use categories pending approval of a conditional use permit. The city had received a letter of opposition from the property located at 711 E Montrose Street proposing conditions to rescind their letter. Since the letter has been received,the applicant and property owner have worked out the requested conditions. The Planning and Zoning board recommended approval 7-0 with the adoption of the proposed conditions to the resolution. Staff have no evidence that the proposed use cannot meet the general criteria for granting a Conditional Use Permit,per Land Development Code Sec. 101-212,and recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2026-007R. Michael Latham with GatorSketch Architects stated he was present and available to answer any questions from Council. Mayor Murry opened public comment. Denise Latner,711 E.Montrose Street—stated she supported aspects of the proposal but opposed reducing the easement between properties from 10 feet to 5 feet, and requested that the easement remain at 10 feet; she also raised concerns regarding maintaining non-asphalt parking areas and emphasized the need for improved drought-tolerant landscaping due to the project's increased footprint. Mayor Murry closed public comment. Council discussed the requested reduction from a 10-foot to a 5-foot setback, with Mr. Latham explaining that maintaining the 10-foot setback would make the project unbuildable as designed; he further outlined site plan constraints including building placement, parking layout, drainage flow, and required buffering, noting the reduced setback is necessary to meet code-required parking and circulation standards while maintaining cohesive site design and functional access. Council also heard concerns from the property owner of 711 E.Montrose Street,Ms.Latner,regarding loss of backyard access due to fencing and the importance of maintaining utility access easements, while confirming that one site area would remain unchanged under existing Planning & Zoning Commission conditions.A document was shown that separated the project into SPAT,SPA2,and SPA3,which was used during discussion to clarify the specific conditions and improvements associated with each area. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Additional discussion focused on ensuring adequate landscaping treatment for the overall development, with consideration given to whether enhanced standards beyond current code requirements should be applied through the site plan approval process due to the project's scale and visibility. Council Member Strange motioned to approve Item No. 19, Resolution No. 2026-007R with the added condition the property be compliant with our residential landscaping code adopting the New Yard Pattern Book plans and that it goes through staff for those conditions. Seconded by Council Member Petersen. Mr. Latham sought clarification on which site planning areas corresponded to the neighbor's landscaping concerns,confirming that SPA1's existing shrub and tree buffering on the east side was acceptable, SPA3 would retain the requested landscaping and buffering with no changes, and SPA2 would include a fence but remain grass without paving. Staff and the applicant confirmed that SPA1 would remain gravel and reiterated that no additional paving was proposed in the areas discussed. Council Member Strange amended the motion to approve Item No. 19, Resolution No. 2026-007R with the added condition that areas 3 and 1 be compliant with our residential landscaping code adopting the New Yard Pattern Book plans and that it goes through staff for those conditions Seconded by Council Member Petersen.The motion passed 5-0 with all members present voicing aye Item No.20—Resolution No.2026-009R, Wahlburgers at Home Depot CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,FLORIDA,GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A FOOD TRUCK TO OPERATE ON AN IMPROVED PARCEL LOCATED IN THE C- 2 GENERAL COMMERCIAL ZONING DISTRICT, PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Gonzalez presented the item. The applicant, Adaptive Provisions LLC, is requesting a Conditional Use Permit to allow the operation of a Mobile Food Dispensing Vehicle(MFDV) on an improved parcel designated within the C-2 General Commercial Zoning District. The proposed location is 1530 E. Highway 50,within the Home Depot parking lot. The food trailer is proposed to be located near the Pro Section of Home Depot on the east side of the facility, positioned at least 10 feet from the building. The placement will not impede the designated fire lane. The final location will be confirmed during site review to ensure compliance with all applicable building and fire safety codes. The food trailer will also require connection to electrical power from Home Depot, for which the applicant will obtain the necessary permits prior to installation and operation. Additionally,the applicant has indicated that a contracted service provider will handle the collection and disposal of greywater and waste oil. The applicant proposes to operate a single food trailer, Wahlburgers, offering take-out service only. The use is intended to be family friendly in nature and will not involve alcohol service,amplified entertainment, or late-night operations. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 The proposed hours of operation are seven days a week, 8:00 a.m. to 8:00 p.m., consistent with Home Depot's business hours. The applicant has provided written authorization from Home Depot allowing the use of the property,including access to restroom facilities for patrons and mop sinks for operational needs. The City's Land Development Code does not identify Mobile Food Dispensing Vehicle's as a permitted use within the C-2 General Commercial district. As such, Section 125-313 requires approval of a Conditional Use Permit for this type of operation. Although the C-2 General Commercial district permits restaurants and food establishments when conducted within an enclosed structure, staff find that the is compatible with the district and would not be more objectionable than other permitted uses. ro osed use J pr oposed P Additionally, due to the recent food truck applications presented to the Planning and Zoning Commission and City Council, Council has directed staff to prepare an ordinance that would allow food trucks/trailers or mobile food service operations meeting approved conditions to be permitted, eliminating the need for a Conditional Use Permit. This ordinance amendment will be brought forward to both the Planning and Zoning Commission and City Council for consideration. When evaluating a request for a Conditional Use Permit, the Land Development Code, Section 101-212, requires specific development standards that are required to be met. Staff have reviewed the application as submitted in accordance with the development standards criteria and find the proposed use can meet the general criteria for granting a Conditional Use Permit. The proposed use will not be detrimental to the health, safety and welfare of the surrounding community. Staff recommended approval of the Conditional Use Permit with the conditions contained in Resolution No. 2026-009R. Briana,NSO Manager for Wahlburgers Adaptive,and Eden,Head of Training and Development,presented a proposal to bring a Wahlburgers concept location to the Home Depot site in Clermont. They outlined the company's current Florida locations and explained their focus on expanding into growing communities, emphasizing job creation and a family-friendly environment,and stated they were available to answer any questions from Council. Mayor Murry opened public comment. Vincent Niemiec, Regency Hills— supported the food truck idea, noting it meets basic requirements and fits well in the Home Depot commercial area as a convenient option for customers. Mayor Murry closed public comment. Council Member Myers motioned to approve Item No. 20 Resolution No. 2026-009R. Seconded by Council Member Petersen. The motion passed 5-0 with all members present voicing aye Item No.21—Resolution No.2026-014R,FYE 2026 Budget Amendment#2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,FLORIDA,AUTHORIZING BUDGET AMENDMENTS FOR THE CITY OF CLERMONT FOR FISCAL YEAR 2025-2026. Deputy City Clerk Wisniewski read the title aloud. 16 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Finance Director Borror presented a proposed budget amendment to fund four sworn officers and four community service officers,with an estimated$480,962 impact to the general fund and$480,000 from the police impact fund for vehicles,then turned it over to Police Chief Graczyk for operational justification. Police Chief Graczyk outlined the department's request for four additional sworn officers and four community service officers,citing rapid population growth,increased service demands,and current staffing below recommended ratios. He noted overall crime is down 15 percent despite some increases in specific categories,and emphasized that additional officers would improve patrol coverage,visibility,and proactive policing while supporting officer workload and wellness.He also introduced the community service officer program, explaining it would handle non-emergency calls, reduce response times, free up sworn officers for higher priority duties, and provide a more cost effective and efficient service model for the growing community. Mayor Murry opened public comments. Joe Fumasi, 2693 Jumping Jack Way — expressed support for the proposal, highlighting improved efficiency, reduced officer stress, and enhanced response times through the community service officer program. Vincent Niemiec, Regency Hills — expressed support for the proposal, emphasizing the risks of understaffing,the importance of officer safety,and urging council to approve the request. Paula Hoisington,564 E.Desoto Street—expressed support for the proposal,praising the chief s vision and urging council to fund the request to further enhance the police department. Mayor Murry closed public comments. Council Member Petersen motioned to approve Resolution No. 2026-014R. Seconded by Council Member Myers. Council Member Strange acknowledged support for the proposal while emphasizing the significant future budget impact, the need for accountability and careful planning, and the importance of aligning staffing decisions with long-term goals of maintaining a fully staffed department and achieving the safest city standards. Discussion ensued regarding staffing challenges, recruitment improvements following pay adjustments, support for additional positions, and the importance of community policing and coordinated public safety funding between police and fire, expressing support for moving forward with the proposed additions and community service officer program. The motion passed 5-0 with all members present voicing aye Item No.22—City Manager's Evaluation Criteria Deputy City Manager Matthys presented a draft city manager evaluation framework developed in response to council direction from a March 17 workshop, combining charter-based performance criteria with additional best practice metrics,and requested guidance on finalizing the rating scale and selecting a formal evaluation process for council review and potential adoption. 17 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28, 2026 Council expressed support for the proposed city manager evaluation framework,noting its clarity,charter- based structure,and value as an accountability tool.Council Members recommended clarifying that policy execution language reflects the intent of Council. Discussed options for timing of the annual evaluation, indicating a preference for aligning the process with the budget cycle. Staff were directed to return with a formal resolution incorporating the agreed upon criteria and evaluation procedure. Mayor Murry opened public comment. Joe Fumasi,2693 Jumping Jack Way—questioned whether the city manager would have an opportunity to respond or provide a rebuttal to the council's completed evaluation before finalization or discussion. City Attorney Waugh clarified that the city manager already has the right under the charter to attend meetings and participate in discussions of the evaluation and noted that existing charter provisions also ensure due process in any potential disciplinary actions, with consensus that the opportunity for response and participation is already built into the process. Paula Hoisington,564 E.Desoto Street—commended staff for developing the evaluation process,noting it had been discussed in prior years and emphasizing that it was important and fair to provide the city manager clear written expectations and guidance moving forward. Mayor Murry closed public comment. REPORTS CITY MANAGER REPORT City Manager Van Wagner— • Responded to concerns about a city manager's search by stating procurement was unaware of the vendor mentioned and finance confirmed no payments had been made, indicating no documented city involvement with the vendor at this time. CITY ATTORNEY REPORT City Attorney Waugh— • There are several proposed ordinances are currently being prepared for council consideration, including regulations related to e-bikes,increased public noticing requirements for certain planning applications,and additional updates potentially required due to new state legislation. • Advised that the city is occasionally named in foreclosure and bankruptcy cases,typically related to utility accounts,but these matters are generally non-active and only require minimal legal action to preserve the city's interests. CITY COUNCIL REPORT Council Member Petersen— • Reported receiving citizen complaints about loud music in the downtown area,discussed concerns with staff and police, and referenced existing noise ordinance time limits and restrictions on amplified outdoor music while noting only a small number of official complaints had been received. 18 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 City Manager Van Wagner noted that officers have decibel meters and that while complaints about loud music are intermittent,the Police Chief has proactively contacted downtown businesses to warn that sound levels are being monitored and to address concerns before enforcement escalates. • Referenced a press release ranking Clermont 19th in the nation for traffic. Council Member Strange— • Indicated intent to bring forward a future agenda item to consider an ordinance restricting or prohibiting outdoor speakers due to repeated downtown noise complaints, citing concerns about community impacts and DUI-related safety risks,while noting a preference for self-regulation but stating willingness to pursue regulatory action if conditions do not improve. • Encouraged the public to watch for upcoming communications regarding additional citywide comprehensive plan community meetings. • Lake County Tourist Development Council will open its capital fund process around May 1 and encouraged the city to pursue funding opportunities that attract out-of-county visitors, including sports tourism,CRA lake projects,botanical gardens,and historical and museum-related initiatives. • Discussed initiating a city-led, citizen-driven open meeting process to gather public input on greenways,trails,and parks projects. • Provided an update on coordination with City Attorney Waugh regarding the Planning and Zoning workshop follow-up items and code amendments. Council Member Bain— • Proposed discussing at a future workshop potential changes to meeting procedures to improve structure and flow, including establishing a clearer speaking order, distinguishing between time- limited statements and open-ended questions, and exploring options to reduce interruptions and improve overall meeting efficiency. Discussion ensued on improving meeting order and reducing interruptions, with agreement that Council Member Bain would review the existing rules of procedure and work with staff to bring back a draft of potential revisions for council consideration. • Recommended updating boil water notice communication procedures. Council Member Myers— • Proposed exploring youth summer programming ideas,including potential midnight basketball and themed community events,and noted preliminary support from the Police Chief. • Suggested bringing Ms.Doris back for an offsite retreat session. • Commented on potential proposals to eliminate property taxes, noting that such a change would require voter approval and could significantly impact city revenues and service funding. Deputy City Manager Matthys— • Confirmed with Human Resources and staff that there has been no contact or awareness of the referenced recruitment company,noting that no city personnel have knowledge of its involvement. 19 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 Mayor Murry— • Attended the Florida Black Caucus of Local Elected Officials Conference. • Youth Council starts in September. • Reported complaints regarding reaching the Utility Billing Department. • Attended the Arts and Jazz Festival. • Earth day was Saturday,April 25. • Noted community interest in hosting a Blues Festival. • Mayor's luncheon is next Tuesday at Guru at 12:OOpm. • Raised concern regarding a-bike speeds on city trails, currently posted at 15 mph, and requested clarification on applicable rules and limits for council consideration. Council discussed a-bike safety and speed on city trails, with potential options including lowering speed limits, restricting or banning certain vehicles in specific trail sections, and improving enforcement in coordination with police due to safety concerns and enforcement challenges. • Clarified that existing city code already restricts exterior amplified music/speakers in designated areas. City Attorney Waugh explained that existing ordinance generally restricts exterior amplified speakers under the noise code,with limited exceptions,and indicated that staff could revisit the ordinance to add additional enforcement if needed. City Manager Van Wagner requested verbal confirmation of council consensus on bringing Ms.Doris back for another workshop. Council reached consensus to bring Ms. Doris back for a follow-up session, while remaining split on logistics such as whether the meeting should be offsite and/or streamed, with differing views on transparency versus fostering open discussion. 20 City of Clermont MINUTES REGULAR COUNCIL MEETING April 28,2026 ADJOURN: With no further comments,this meeting adjourned at 8:31 pm. APPROVED: Tim NCrry,Mayor ATTEST: Tracy Ackroyd H e,MMC City Clerk 4 b 1 y aF 21