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12.10.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, December 10, 2024 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Howard and Myers. Absent: Council Member Gonzalez and Council Member Pines. Other City officials present were City Manager Bulthuis, City Attorney Greene, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Nelson Bloem of Better Life Worship Center gave the invocation followed by the Pledge of Allegiance. ACCEPTANCE OF GENERAL ELECTION RESULTS City Clerk Howe read the official election results into the record. For Clermont City Council Seat 1, Michael Gonzalez received 10,203 votes and Alison Strange received 11,853 votes. For Clermont City Council Seat 3, Tim Murry received 12,112 votes and Rick Van Wagner received 10,843 votes. Fore Clermont City Council Seat 5, Michele Barnard Pines received 9,975 votes and William "Bill" Petersen received 11,747 votes. Council Member Howard moved to accept the General Election results, seconded by Council Member Myers. Passed unanimously 3-0 with all members present voicing Ue. ADMINISTRATION OF OATH OF OFFICE ELECTED OFFICIAL FOR SEATS 1.3 AND 5 City Clerk Howe administered the Oaths of Office to Alison Strange, Seat 1; Bill Petersen, Seat 5 and Tim Murry, Seat 3 (Mayor) for a two-year term. Council Member Strange thanked the citizens who participated in the process. Her goal is to exercise wisdom, seek justice, exercise temperance and courage to do the right thing at all times. Council Member Petersen thanked everyone for believing in a shared vision for a better Clermont. Mayor Murry thanked everyone who supported him and stated it is an honor to lead the city and continue the next two years. SELECTION OF MAYOR PRO TEM Mayor Murry nominated Council Member Myers as Mayor Pro Tem: seconded by Council Member Howard. Council Member Petersen nominated Council Member Howard as Mayor Pro Tem: seconded by Council Member Howard. Council Member Howard stated his support for Council Member Myers as she has seniority on Council. Nomination for Council Member Howard failed 14 with Mayor Murry, Council Member Strange, Howard, and Myers opposing_ City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Nomination for Council Member Myers passed unanimously 5-0 with all members present voicing aye. PUBLIC COMMENTS Ebo Entsuah, 1128 Seminole Street — expressed concern with shuttle service at Light Up Clermont event. Encouraged Council to create a Historical Board. Banks Helfrich, 9100 Sams Lake Road — spoke on voter turnout for the Election. Glenda Jackson, 1025 W. Montrose Street — expressed concern with vehicles speeding on Montrose Street. Larry Jackson, 1025 W. Montrose Street — expressed concern with vehicles speeding on Montrose Street. Ricky Roberson, 1017 W. Montrose Street — expressed concern with vehicles speeding on Montrose Street. Charlene Forth, 939 W. Desoto Street — requested a police officer be designated to the downtown area during events. Daniel Meaux, 2146 Winsley Street — expressed concern with the landscaping in the medians along State Road 50 and US Highway 27. Paula Hoisington, 564 E. Desoto Street — spoke regarding the new Council and direction of the City. Joe Fumasi, 2693 Jumping Jack Way — expressed concern regarding the MSTU in Wellness Way. City Manager Bulthuis stated that the workshop on January 21 is scheduled for Lake County to give a presentation on the MSTU to educate Council. Anthony Grove, 1105 Sadie Ridge Road — expressed concern having the bike path across the entrance of Canyons at Highland Ranch. Eric Hernandez, Minneola Council Member — looking forward to working together as neighbors. Dennis Allard, 1792 Nature Cove Lane — stated his appreciation for the Clermont Police Department. Mayor Murry addressed the speeding on Montrose Street. The Police Department will conduct a speed study and report the findings to Council at the January 28, 2025 Council meeting. Council Member Howard would like to discuss the island landscapes at a workshop. City Manager Bulthuis stated that the City has looked at landscaping the islands at the corner of US Hwy 27 and State Road 50. The plans would have to be engineered and then the city would take responsibility on maintaining the islands, which comes with a cost. Discussion ensued regarding the landscaping being a legislative priority and finding funding sources such as the Metropolitan Planning Organization. Mayor Murry invited residents to do a Police ride along and attend a citizen's academy. PRESENTATIONS The City's Auditors presented the Annual Comprehensive Financial Report. Tammy Campbell of McDermit Davis presented the 2023 Annual Financial Statement Audit. She reviewed the independent auditor's report, city wide financials, governmental funds and enterprise funds. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Council Member Strange inquired on the internal controls for the city. Ms. McDermit explained that the auditor's responsibility is not issuing opinions, they look at the process and did not find any errors or mistakes in the process. Discussion ensued regarding increases in the General Fund. Ms. Campbell noted significant improvement from 2022 to 2023. The city had a Federal and State audit which was compliant. Discussion on the need for an external audit was had. Ms. Campbell stated that there are times if an entity would like to take a deeper dive into certain processes that external audit would look at. The city's financials showed no concerns of fraud or missing transactions. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: City Manager Bulthuis informed the Council this is a request to table the item to January 14, 2025. Item No. 4 — Ordinance No. 2024-044, Public Camping Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CREATING AND ENACTING CHAPTER 24, "OFFENSES AND MISCELLANEOUS PROVISIONS" ARTICLE I, "IN GENERAL" SECTION 24- 15 "PUBLIC CAMPING OR SLEEPING OF THE CLERMONT CITY CODE, PROVIDING FOR FINDINGS, PURPOSE, INTENT AND DEFINITIONS; MAKING THE ACT OF PUBLIC CAMPING AN OFFENSE PUNISHABLE BY LAW, PROVIDING FOR PROGRAM IMPLEMENTATION REQUIREMENTS AND PROVIDING FOR ENFORCEMENT AND ADMINISTRATIVE PROCEDURES; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION, CODIFICATION, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Howard moved to table Item No. 4, Ordinance No. 2024-044 Public Camping: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. The representative for items 6 and 7 is running late and asked to hold those items until he arrives. Council Member Strange moved to table Item No. 6 and 7 to go after Item No. 13, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Council Member Petersen moved to table Item No. 14 to be the second to last item on the agenda: seconded by Council Member Strange. Passed unanimously 5-0 with all members present voicing aye. Council Member Strange moved to table reports to the last item on the agenda: seconded by Council Member Howard. Passed unanimously 5-0 with all members present voicing Lye. City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 CONSENT AGENDA Mayor Murry advised the next item on the agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to come forward at this time. Item No. 1 — Meeting Minutes Item No. 2 — Surplus Request Consider approval of the November 12, 2024 Council Meeting minutes. Consider declaring end -of -life inventory as surplus from the departments of. Fire, Finance, Building Services, City Clerk, and Information Technology and providing disposal per the Procurement Policy. Item No. 3 — Sommer Sports 2025 Events Request Consider approval of Sommer Sports 2025 and Boat Ramp Closures season, open container allowance, and waive all associated ground fees, road closure for two events, and partial day closure of the boat ramp for two events. Charlene Forth pulled Consent Agenda Item No. 3. Council Member Howard moved to approve Consent Agenda Items 1 and 2; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 3 — Sommer Sports 2025 Events Request and Boat Ramp Closure Charlene Forth, 939 W. Desoto — stated opposition to waiving fees and closing the boat ramp. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard explained that Sommer Sports was not able to take advantage of the Tourism Development Council dollars this year. This is the last time he will support this item and Sommer Sport needs to go to the Tourism Development Council for funding. Discussion ensued on the city priorities and brand and Sommer Sports being instrumental in putting Clermont on the map with triathlons. Council Member Strange moved to approve Consent Agenda Item 3; seconded by Council Member Petersen. Passed unanimously 5-0 with all members present voicing aye. Item No. 4 — This item was addressed earlier in the meeting and tabled to January 14, 2025. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Item No. 5 — Ordinance No. 2024-043, Natural Gas Final AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLERMONT AMENDING CHAPTER 121 "UTILITIES" TO CREATE A NEW SECTION 121.10, "NATURAL GAS INSTALLATION"; PROVIDING FOR INSTALLATION OF NATURAL GAS LINES WITHIN SUBDIVISIONS OR RE -SUBDIVIDED AREAS; PROVIDING FOR DEVELOPER PAYMENT OF COSTS OF INSTALLATION AND MATERIALS; PROVIDING FOR COST SHARING FOR GAS MAIN EXTENSIONS UNDER CERTAIN CONDITIONS; PROVIDING FOR CONSTRUCTION OF INSTALLATION AND MAIN EXTENSION; PROVIDING FOR EASEMENTS AND PERMITS; PROVIDING FOR OWNERSHIP AND MAINTENANCE; PROVIDING FOR APPLICABILITY, CONFLICT, CODIFICATION, ADMINISTRATIVE CORRECTION, SEVERABILITY AND PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. City Manager Bulthuis informed Council that the city is part owner, with Apopka and Winter Garden, of Lake Apopka Natural Gas. Developers are moving towards all electric and therefore excluding the option for natural gas. The ordinance was presented to provide Natural Gas as an option with new builds. Mayor Murry opened the public hearing. Bret Jones, 700 Almond Street — expressed concern that this would create an added expense to a developer which will trickle down to the buyer. Samii Yakovetik, 4480 Powderhorn Place — noted it is imperative to give homeowners a choice in utility services and should not be tied exclusively to an electrical grid. Mayor Murry closed the public hearing. Council Member Strange stated that the resolution reads as a contract and feels this is government over reach. Council needs to be cautious and mindful as this states any development of ten homes or more would require the natural gas option. The city should create opportunities to build smaller communities and this would hinder affordable housing therefore she was hesitant to vote in favor of this. Monica Marlow, Director of Public Relations at Lake Apopka Natural Gas explained that builders in the service territory are the larger builders. The builders do not want gas. Gas provides affordability to the lowest income, on average it is 30 percent less expensive than an all electrical home. Discussion ensued on the responsibility and cost of the service line into a development. Clarification on the distance of the service line was explained. Council spoke about the minimum number of houses in a development that would require the natural gas and came to an agreement of 25 homes or more. Council Member Howard moved to approve Item No. 5 — Ordinance No. 2024-043, Natural Gas amended to state a 25 home minimum: seconded by Council Member Strange. Passed 4-1 with Council Member Petersen opposing_ 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 NEW BUSINESS Item No. 8 — Resolution No. 2024-03811, US 27 Car Wash & Self -Storage A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A RESIDENTIAL STORAGE WAREHOUSE GREATER THAN 20,000 SQUARE FEET OF FLOOR SPACE AND A CAR WASH IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILTTY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. The applicant, Bret Jones, P.A., is interested in developing a 4-acre parcel located adjacent to the Florida Department of Transportation Park-n-Ride lot on US Highway 27, southeast of Wawa. The site has limited access, with a right in -right out connection on a one-way access road connecting US Highway 27 to Hooks Street. All the traffic will flow north to Hooks Street. The proposal is for a car wash facility along the front of the property and a three-story residential storage warehouse in the rear portion of the site. The car wash is a typical self -serve operation with vacuum stations and a single, automated car wash tunnel within a building. The building is approximately 1,670 square feet. The storage warehouse will be climate controlled and for residential storage use only. The total square footage of this building is up to 100,000 square feet. The building will be designed to comply with the Clermont Architectural Design Standards. No outside storage will be allowed, and the applicant is not requesting any variances to the Land Development Code. The property has a C-2 General Commercial zoning designation and a Commercial Future Land Use. The property is surrounded with a majority of C-2 General Commercial zoning with the northern parcel zoned M-1 Industrial. Section 125-337 requires a Conditional Use Permit for any building that occupies more than 20,000 square feet and car wash operations. The entire project is dependent on the approval of the Conditional Use Permit. The applicant has performed a traffic evaluation based upon the proposed project. Based upon the project's trip generation, the project is considered de minimis and meets the requirement for a Tier 1 Exemption Letter. The City's traffic consultant agrees with the exemption. Staff has reviewed the Conditional Use Permit application and has no evidence that the proposed use will be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The proposed use will comply with the regulations and conditions specified in the Conditional Use Permit and the City's Land Development Regulations. With the limited access point, the site would be best suited for lower traffic generation end users. The self -storage facility is a very low traffic generator with the majority of the peak hour trips occurring for the car wash. The property is located between the Park-n-Ride lot and Industrial zoning to the north, and fronts on an arterial roadway. The uses are compatible with the existing area. Therefore, staff recommends approval of the Conditional Use Permit for a self -storage facility over 20,000 square feet and a car wash facility in the C-2 zoning district with the conditions contained in Resolution No. 2024-038R. The Planning and Zoning Commission recommended approval, 5-0. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 The attorney for the applicant, Bret Jones, stated that they have worked with staff on the development. The location of the parcel is surrounded by commercial and industrial and they believe the use they are proposing is well suited for the land. Mayor Murry opened the public hearing. Samii Yakovetik, Powderhorn Place Drive — expressed concern with the water usage for the car wash. Brian Punch, 450 E Lakeshore Drive — spoke in opposition, do not need another storage facility. Jenny May, 4062 Greystone Drive — spoke in opposition, do not need another storage facility. Rebecca Nelson, 2993 Crest Wave Drive — expressed concern with adding more traffic in that area. Paula Hoisington — expressed concern with adding more traffic in that area. Mayor Murry closed the public hearing. Council Member Myers inquired if there was data showing the area is in need of more storage facilities. Also, asked for Mr. Jones to address the issue of water with the car wash. Mr. Jones explained that the applicant is in the planning phase and would be able to address those concerns during the site planning. The project is one of the lowest generators of traffic that could be done on that parcel. Council Member Howard stated that there is a process that developers go through to determine if a business is needed within a community, which can approach $15,000.00. Not being a supporter of self -storage facilities and having voted against most of them, he does not have an issue with this one. This is a unique piece of property and feels this is a suitable use for the property. Council Member Howard would like to add in a substantial start defined as a foundation inspection completed within two years. Discussion ensued on timeframes to get through site planning and permitting as well as if the substantial start encompasses both buildings. Council Member Howard stated this would include both the car wash and self -storage facility. Council Member Strange stated that she is a licensed attorney with Bret Jones, PA and will abstain from voting on this item. Council Member Howard moved to approve Item No. 8 — Resolution No. 2024-038R. US 27 Car Wash & Self -Storage with the condition of a substantial start defined as a foundation inspection within 30 months of today's date; seconded by Council Member Myers. Passed 4-0 with Council Member Strange abstaining, Item No. 9 — Resolution No. 2024-040R A RESOLUTION OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE CITY OF CLERMONT RULES OF CONDUCT RELATED TO THE CONDUCT OF MEETINGS; THE PUBLIC'S RIGHT TO PARTICIPATE; AND THE ACTIVITIES AND PARTICIPATION OF COUNCIL MEMBERS, APPOINTED BOARD MEMBERS, STAFF AND THE PUBLIC; REPEALING RESOLUTION 2024-007R; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, AND AN EFFECTIVE DATE. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 City Clerk Howe read the title aloud. Council Member Howard explained that he brought this resolution forward to incorporate changes. Discussion ensued on the changes Council Member Howard brought forward. Changing the Council meeting time to 5:30 pm, providing speakers with 5 minutes during public comment, agenda items being delayed no more than one meeting, updating language regarding Councils interaction with staff to match the Charter and Council Members placing items on an agenda and the City streaming the Council meetings. Mayor Murry opened the public hearing. Keith Mullins, 640 Drew Avenue — spoke in opposition of changing the time for the Council meeting. Dani Page, Tuscany Ridge — spoke in support of changing the start time. Charlene Forth, 939 W. Desoto Street — spoke in opposition of changing the time. Pat Kelley, Mayor of Minneola — the City of Minneola has public comments at the beginning and the end of their meetings. Bryan Bain, 245 Nautica Mile Drive — opposed to the time change. Meetings should not start before 6:OOpm. Rebecca Nelson, 2993 Crest Wave Drive — expressed her desire for meetings to begin no earlier than 6:00 pm. J. Brian Miles, P.O. Box 121417 — provided staff with a proposal for a multi camera system to broadcast meetings. Discussion ensued on having cameras and the City broadcasting all meetings. Samii Yakovetik — 4480 Powderhorn Place Drive — expressed her desire to have a YouTube option to watch meetings. A three -minute time limit is sufficient, if someone asks for five then let them speak. Shauna Vaughn, 835 7th Street — inquired about the proposal from South Lake TV. Diane Maglione, 3954 Eversholt Street — when making a decision on time, keep seniors in mind. Seniors will not drive in the dark. Bret Jones, 700 Almond Street — the issue is not the meeting time, all Council Members need to be accessible to the citizens. Mayor Murry suggested moving the entire resolution to a workshop for discussion. Council Member Howard moved to table Item No. 9 — Resolution No. 2024-040R to a workshop: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing ave. Item No. 10 — Board Appointments City Manager Bulthuis informed Council that the Planning and Zoning Commission has four vacancies and three applicants. The applicants were called to the podium to introduce themselves. Paula Hoisington, 564 E. Desoto Street — lifelong resident of the City. Passionate about the growth in the City. Would like to be a part of working with the City to help continue to build Clermont. Jenny May, 4062 Greystone Drive — currently sits on the Code Enforcement Board. Has worked real estate in land use for many years. Her background can help with decision making and recommendations. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Michael Cramer, 208 Nautica Mile drive — wants to help make a change in the City. Council Member Howard moved to approve Paula Hoisingion, Jenny May and Michael Cramer to Planning and Zoning; Commission for a two-year term: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing awe. City Manager Bulthuis stated that the Police Officers Pension Board of Trustees has one vacancy. There were two applicants, John Baker, current board member for that seat, and Melissa Devitt. Council Member Howard moved to approve John Baker to the Police Officers Pension Board of Trustees for a two year term; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. City Manager Bulthuis stated there are currently two vacancies on the Code Enforcement Board now that Jenny May is going to Planning and Zoning Commission. Three residents applied for the vacancies, Melissa Devitt, Sylvester Makowski and Maria Gulati. The applicants were called to the podium to introduce themselves. None of the applicants were present. Council talked about the next Code Enforcement meeting and decided to table the appointments to the next Council meeting. Council Member Howard moved to table the Code Enforcement Board appointments to January 14, 2025, seconded by Council Member Petersen. Passed unanimously 5-0 with all members present voicing aye. City Manager Bulthuis stated there are two vacancies on the Community Redevelopment Agency Board. There were four applicants with two being current members. The applicants were called to the podium to introduce themselves. Valerie Schuett, 931 W. Montrose Street — informed Council that she is a resident and business owner in the Community Redevelopment Agency district. Beth Merrick, 10334 Calle de Flores Drive — resident of Clermont for 23 years and a business owner in the Community Redevelopment Agency district. Currently on the board and seeking reappointment. Charlene Forth, 939 W. Desoto Street — lives in the Community Redevelopment Agency district and believes a resident would bring a different perspective. Jimmy Crawford, 702 W. Montrose Street — has enjoyed his years on the Community Redevelopment Agency Board. It will grow in funds and jobs and hopes to be a part of it. Mayor Murry opened the public hearing. Bryan Bain, 245 Nautica Mile drive — expressed his desire to have representation of both residents and business owners on the Community Redevelopment Agency Board. Discussion regarding any conflict with Jimmy Crawford being a business owner and serving on the board was had. Mayor Murry supported reappointment for the current Board members. Discussion was had on how many board members can sit on the Community Redevelopment Agency Board and all four of the applicants. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Council Member Strange moved to appoint Jimmy Crawford to the Community Redevelopment Agency Board: seconded by Council Member Howard. Passed unanimously 5-0 with all members present voicing aye. Council Member Petersen moved to appoint Charlene Forth to the Community Redevelopment Agency Board. Motion died for a lack of a second. Council Member Strange moved to appoint Valerie Schuett to the Community Redevelopment Agency Board: seconded by Council Member Howard. Passed unanimously 5-0 with all members present voicing aye. City Manager Bulthuis moved on to Outside Agency appointments. Mayor Murry sits on the Lake Apopka Natural Gas Board of Directors and needs reappointment. Council Member Howard moved to appoint Mayor Murry to the Lake Apopka Natural Gas Board of Directors: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. City Manager Bulthuis stated that Council has two official appointments to make. The Tourism Development Council and the Metropolitan Planning Organization Governing Board. Council Member Myers expressed her desire to stay on the Metropolitan Planning Organization Governing Board as the voting member. Council Member Howard stated that he would like to be the alternate member. Council Member Howard moved to appoint Council Member Myers to the Metropolitan Planning Organization Governing Board as the voting member: seconded by Council Member Strange. Passed unanimously 5-0 with all members present voicing aye. Council Member Howard moved to appoint Council Member Strange to the Tourism Development Council as the voting member: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Council Member Myers moved to appoint Council Member Howard to the Metropolitan Planning Organization Governing Board as the alternate member: seconded by Council Member Strange. Passed unanimously 5-0 with all members present voicing aye. City Manager Bulthuis informed Council that the last appointment is for a liaison for Clermont Main Street. Council Member Strange moved to appoint Council Member Petersen to Clermont Main Street: seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. The attorney for Item No. 6 and Item No. 7 arrived, those items were heard next. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Item No. 6 — Ordinance No. 2024-039, The Shops at Waterbrooke PUD Amendment Final AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING A PLANNED UNIT DEVELOPMENT (PUD) OF 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 Planner Kruse presented the item. The applicant, Jimmy Crawford, is requesting to amend the Planned Unit Development (Ordinance No. 201749), which was approved by the City Council on November 28, 2017. The property consists of 45 acres and is located south of State Road 50 at the intersection of Emil Jahna Road. The proposed request is to increase the residential development and decrease the commercial component of the master development plan. The Planned Unit Development Ordinance permits Lots 6 and 7 to construct up to 85 dwelling units consisting of residential townhomes, not to exceed two levels. The Planned Unit Development also allows the developer to decrease the commercial acreage and increase the residential acreage, not to exceed the maximum of 12 dwelling units per acre as permitted by the Commercial Land Use. The current approved Planned Unit Development allows one single commercial building up to the maximum building size of 45,000 square feet. The Planned Unit Development amendment is requesting to allow for a three-story climate -controlled self -storage building not to exceed 100,000 square feet, plus three additional smaller storage buildings. The applicant has updated the Conceptual Plan layout to reflect the proposed changes to the Master Development Plan. The proposed commercial development shall be limited to permitted uses under the C-2 General Commercial zoning with no automotive uses permitted. The current Planned Unit Development also allows for a gas station/convenience store. The request to the Planned Unit Development amendment is to decrease the commercial acreage and to increase the residential acreage, along with the request to allow a three-story self -storage building not to exceed 100,000 square feet, which requires an updated conceptual site plan with the proposed changes. The applicant will also be required to comply with all Land Development Regulations and Comprehensive Plan. The project will be required to add a minimum 15-foot landscape buffer with an additional 30 percent plant materials between the residential and commercial development to ensure an opaque buffer screen. All buildings must comply with the Architectural Design Standards. The multifamily development will be required to provide a recreational facility to comply with the Comprehensive Plan Policy 1.6.4 Performance Standards. Staff has reviewed the applicant's request for an amendment to the Planned Unit Development master development plan. Staff finds the proposal meets the provisions with regard to Section 122-315, Review Criteria for a Planned Unit Development. Therefore, staff recommends approval of Ordinance 2024-36 to amend the Planned Unit Development with the conditions contained in the ordinance. The Planning and Zoning Commission recommended approval 5-0. The attorney, Jimmy Crawford, spoke on behalf of the applicant. There have been some amendments made to the plan over the last couple days. One of the amendments is to change some of the areas to mixed use another is that green space has been added. Mr. Crawford read through the language of all the changes they are proposing from the original submission. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Mayor Murry opened the public hearing. Dani Page, Tuscany Ridge — spoke in opposition. Staff was not able to look at this in its entirety. The item should be tabled until staff can review and provide a recommendation. City Attorney Greene stated that from a legal perspective, she recommended that the item be tabled to analyze all of the language as she is not comfortable on advising on language received today. In order to serve Council, recommended for the item to be tabled to assess all the information. Council Member Strange reached out to the applicant and some of the changes before Council are contributed to her conversation with them. City Attorney Greene informed Council that if they as a board decide to table the item, it may be more efficient to table at this point as questions may differ when they project is brought back. Samii Yakovetik, 4480 Powederhorn Place Drive — concerned with the way in and out of the project. Shauna Vaughn, 835 71 Street — likes the redesign. Is not in favor of the residential, would like Council to put a moratorium on residential. Discussion ensued on the commercial versus residential portions, the height and size of the buildings and public versus private roads around the project. Council Member Petersen moved to table Item No. 6 — Ordinance No. 2024-039, The Shops at Waterbrooke PUD Amendment to January 14, 2025, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing Ue. Mayor Murry recessed the meeting at 11:22pm. The meeting reconvened at 11:32 pm. Item No. 7 — Ordinance No. 2024-038, Family Christian Center of Clermont 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 item. The applicant, Family Christian Center, is in the process of seeking a loan in order to facilitate the construction of improvements and buildings within their 36-acre property located west of the Steve's Road and US Highway 27 intersection. In the process of securing a loan, it was noted that if the property was allowed C-2 General Commercial uses, the appraised value of the property would increase and the loan terms would be more favorable for the church. Family Christian Center has no plans to utilize the property for any C-2 General Commercial uses, but is seeking a rezoning to allow C-2 General Commercial uses in order to secure a more favorable loan. The planned improvements consist of an additional recreational facility, repurpose the current recreational buildings, and expand the church sanctuary. These improvements and uses have already been approved by City Council through issuance of various Conditional Use Permits' the church has obtained the past 26 years. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 The church was originally approved by City Council under Conditional Use Permit Resolution 1045 in December 1998. Since that time, the church facility has expanded and amended their Conditional Use Permit several times to include additional uses and buildings on the property. These include, but not limited to; educational components, public park, multi -use building, recreational fields, multi -level parking garage and a 90,000 square foot sanctuary. A Planned Unit Development zoning is being requested since it would allow development flexibility for the project. The proposed Planned Unit Development Ordinance 2024-038 has applicable conditions from the Conditional Use Permits along with the addition of specific conditions for protection of the City and neighbors. The specific conditions include a 75-foot natural buffer be maintained along the southern and western property boundary along with any C-2 General Commercial uses will have to be reviewed and approved by the City Council at a public hearing. In addition, the building height will be limited to the height under the current zoning at 45 feet. No additional uses or new buildings are being requested as part of this application. The property would also be regulated under the City's Land Development Code. While this application request is uncommon, a review of the City Land Development Code reveals that churches can be allowed in any zoning district, permitted, either such as C-1 Light Commercial; or through a Conditional Use Permit. The current zoning of the property is R-1-A Single Family Low Density with a Conditional Use Permit to allow the existing church facility. A rezoning to a Planned Unit Development with the existing applicable conditions included along with C-2 General Commercial uses and specific conditions do not appear to change the overall characteristics or function of the church facility. The property does front and access from an arterially roadway, US Highway 27, and it is currently signalized. C-2 General Commercial uses line the US Highway 27 roadway. The proposed rezoning is not inconsistent with any provision of the Comprehensive Plan. With the addition of the specific condition that any C-2 General Commercial use site plan be required to go through the public hearing process and be approved by City Council adds a level of protection to the City and neighbors. Staff recommends approval of Ordinance 2024-038. The Planning and Zoning Commission recommended denial 2-2. Jimmy Crawford, spoke on behalf of the applicant, Family Christian Center. At Planning and Zoning, the incorrect approach was used for the presentation; the loan the applicant is pursuing should not have been a factor in this application. The C-2 uses along with the protection built in to the Planned Unit Development belong at this location. The property is at a major signalized intersection surrounded by Commercial. There are residential neighbors, which is the reason for the 75-foot buffer. A site plan for any C-2 use must come before Council for approval. The language stating that the C-2 uses and site plan require Council approval makes it to where the property does not have C-2 zoning. They are asking to update the ordinance to state C-2 uses with only the site plans coming before Council for approval. City Attorney Greene stated that her understanding was that the applicant was in agreement with the language of specific uses since it addressed the concerns of neighbors. Having the language that sets specific uses, gives the property the C-2 zoning benefit while also addressing concerns on what the property could be used for. Mr. Crawford said that they never agreed to the language stating that any C-2 use be brought before Council for approval. There are no plans at this time to build on the property. The applicant will not agree to voluntarily coming before Council for any use. The applicant, Rick Van Wagner, stated that he spoke to the City Attorney and told him was not comfortable with the language regarding the uses. The North, South and East of the property are all commercial uses. Discussion ensued on the current uses of the property and why the zoning was not changed in the past. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Mayor Murry opened the public hearing. Dani Page, Tuscany Ridge — spoke in support of the item. Aaron Gonzalez, 12845 Brunello Circle - spoke in support of the item. Mayor Murry closed the public hearing. Council discussed the possible uses of the property with C-2 zoning as well as the residential neighborhood next to the property. City Attorney Greene explained that the proposed language states the site may be used for C-2 zoning only if specific and Council reviews the use and site plans. By taking out "specific uses", the only thing Council is approving is the site plan not the uses. Council Member Howard moved to approve Item No. 7 —Ordinance No. 2024-038, Familv Christian Center of Clermont with No. 5 modified to allow for C-2 zoning with a site plan brought before Council with public notice; Seconded by Council Member Strange. The motion passed by roll call vote 5-0. Item No. 11— City Council Workshop Dates Council Member Strange stated that she asked for workshops to discuss the Comprehensive Plan and other issues Council might have before the next regular Council meeting. She proposed two workshops a week for the next few weeks. Council discussed their availability along with the need for workshops during this time. Development Services Director Henschel informed Council on the status of them Comprehensive Plan, there have been two public workshops and data has been collected. They are now processing all the data to present back. Council came to a consensus to have a workshop on December 17, 2024 at 3:15 pm to discuss guiding principles and the Comprehensive Plan and January 8, 2025 at 4:00 pm to discuss the Central Business District. The next regularly scheduled workshop is January 21, 2025, which will discuss Resolution No. 2024-040R, Rules of Conduct and the Wellness Way Municipal Service Taxing Unit. Item No. 12 — Central Business District Discussion Council Member Howard requested this item and asked to move the item to Planning and Zoning Commission and the discussion to a workshop. Item No. 13 — Parking and Vehicular Use Areas Discussion Council Member Howard requested this item and asked to move the item to Planning and Zoning Commission and the discussion to a workshop. Council Member Howard asked staff to bring forward the definition of a "substantial start" and Storage Facilities moving to Industrial zoning so that all items could come back together. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Item No. 15 — City Manager Contract Council Member Howard informed Council that he had spoken to City Manager Bulthuis and wanted to move in a different direction as far as a City Manager. A voluntary separation agreement was provided to Council just before this meeting started. There is reason to terminate with cause but the effort is not worth that so he would like to move forward with termination without cause effective tonight. Council Member Strange stated that the document they received was a mutual separation agreement and general release. She feels it is in the best interest of the city to have a mutual, clean and amicable separation. Council Member Howard moved to terminate without cause effective today. Council Member Strange inquired about needing a resolution to terminate. City Attorney Greene explained that there is no requirement for a resolution if terminating without cause. Discussion ensued on the difference between accepting the voluntary separation agreement and terminating without cause. City Attorney Greene informed Council that the voluntary release addressed the segue into an Interim City Manager. It is not mandatory for there to be a transition; Council can terminate immediately if they chose. City Manager Bulthuis stated that he was speaking with all Council Members regarding the separation which is why it was not addressed immediately when Council Member Howard approached him. Council Member Strange stated that the separation agreement has the same terms a termination would have with the added benefit of cooperation of the executive, whether Council chooses to exercise that option or not. Mayor Murry said it was a great pleasure working with the City Manager for the last three years. He does not support his termination. City Manager Bulthuis stated that he knows it is time to separate and is wanting to do this in a respectful manner and is willing to assist with a transition. Discussion ensued on the requirement of the resolution with Council Member Strange disagreeing with the City Attorney's opinion of not needing one for termination without cause. City Attorney Greene sited City of Titusville versus Ackley for her legal opinion. They discussed the City Charter and constitutional rights. City Attorney Greene explained the release that accompanied the voluntary separation agreement. Mayor Murry opened the public hearing. Dani Page, Tuscany Ridge — inquired on the timeframe within the separation agreement. Council Member Strange said his last day would be December 11 with the severance paid in January. Anthony Grove, 1105 Sadie Ridge Road — spoke in support of accepting the voluntary separation agreement. Sign it and move forward. Charlene Forth, 939 W. Desoto Street — spoke in support of termination. Bryan Bain, 245 Nautica Mile Drive — spoke in support of accepting the voluntary separation agreement and performance goals for a City Manager. Samii Yakovetik, 4480 Powderhorn Drive — would like an agreement where the city can pursue City Manager Bulthuis if anything is found after he leaves. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Shauna Vaughn, 835 71 Street — spoke about the importance of performance measures and evaluations. Bret Jones, 700 Almond Street — spoke in support of accepting the voluntary separation agreement. Mayor Murry closed the public hearing. Council Member Petersen moved to accept City Manager Bulthuis voluntary separation agreement, Seconded by Council Member Myers. The motion passed 4-1 with Mp or Murry opposing: Mr. Bulthuis stated that Clermont is a great place, thanked Council and left the meeting. Item No. 16 — Interim City Manager Council Member Howard stated that Council needs to appoint an Interim City Manager. The person needs to know how to run a business and have interpersonal skills to interact with staff, other municipalities and Lake County as well as others. This will hopefully be a short 90 day or less process to hire a new City Manager. Council Member Myers suggested Police Chief Broadway. Police Chief Broadway thanked Council Member Myers for the trust. Would do whatever needs to be done for the city for a smooth transition to ensure services are provided. He stated that he would defer this opportunity to someone who has prior experience. Council discussed different options to find an Interim City Manager. Council Member Howard stated that an Interim has to be appointed tonight. City Attorney Greene said that Council can appoint someone who is interim for tonight while searching for someone else. Council Member Howard suggested Rick Van Wagner as Interim City Manager, he is familiar with city staff and this will be for no more than 90 days. Council discussed the perception from the residents to hire Mr. Van Wagner. The issue of appointing current staff and the negative effects it can have. Council Member Petersen moved to hire Rick Van Wagner as Interim City Manager for up to 90 days, Seconded by Council Member Howard. Mayor Murry opened the public hearing Keith Mullins, Drew Avenue — the City needs someone who knows government to run the City. Vernon Myers, 1040 Glenraven Lane — expressed concern regarding Mr. Van Wagner having a conflict of interest. Dani Page, Tuscany Ridge — spoke in support of Rick Van Wagner. Samii Yakovetik, 4480 Powderhorn Place — please do not use the agency used before to hire a City Manager. Charlene Forth, 939 W. Desoto Street — spoke in support of Rick Van Wagner. Mayor Murry closed the public hearing. Mr. Van Wagner stated the he is willing to serve the community. 16 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 The motion passed 3-2 with Mayor Murry and Council Member Myers opposiii=. Item No. 14 — City Attorney Contract Council Member Petersen stated that he reviewed the City's current law firm, DSK Law, and believes the city's costly settlements have been done in lieu of conflict resolution. The city deserves a cost effective City Attorney consistently delivering sound council and to protect the community interest. He feels the current City Attorney failed to meet those standards. Council Member Petersen moved to terminate the Citv Attornev contract without cause: Seconded by Council Member Howard. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — in support of terminating the contract. Mayor Murry closed the public hearing. Council Member Strange spoke about needing an RFP to find another City Attorney and in the interim suggested Christian Waugh, Waugh PLLC. He is a Board Certified Real Estate Attorney and has an office in the Villages. She would like to amend the motion to include him as the interim. Council Member Petersen amended the motion to terminate the City Attorney contract without cause with a 30-day notice and appoint Christian Waugh as Interim City Attorney; Seconded by Council Member Howard. Council Member Strange spoke about upcoming litigation and would like Mr. Waugh to take over immediately. City Attorney Greene stated that the firm is here to serve at Councils pleasure. Council Member Petersen amended the motion to terminate the City Attorney contract without cause with a 30-day notice and appoint Christian Waugh as Interim City Attorney; Seconded by Council Member Howard. City Attorney Greene recommended the motion be that the legal relationship is terminated in 30 days, that does not keep Council from contacting Mr. Waugh to work with them for the transition. The motion passed 4-1 with Mayor Muny gDposing_ REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Greene — No report. CITY COUNCIL REPORT Council Member Strange — No report. Council Member Howard No report. Council Member Myers — • Have a wonderful Holiday season. 17 City of Clermont MINUTES REGULAR COUNCIL MEETING December 10, 2024 Council Member Petersen — No report. Mayor Murry — • Encouraged residents to visit the enchanted forest • Attended Light up Clermont event. ADJOURN: With no further comments, this meeting adjourned at 1:57am. ATTEST: Tracy Ackroyd4lowe, MMC City Clerk 18 APPROVED: Tim Murry, Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE OARD, COUNCIL, COMMISSIOM AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY g NAME OF POLITICAL SUBDIVISION: DA EON WHIC VOTE OCCURRED ` u MY POSITION IS: i n A 1 n 7A-),)_ 1 �! ,ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,�b -A ' YAM W hereby disclose that onl? I rT ) 20 24 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of , by , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: � -WAYS n - ui ( PVA->t-e., If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. i2� lea (20� Date fled Oignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. City of Clermont MINUTES COUNCIL MEETING December 10, 2024 Board Appointments discussion from December 10, 2024 City Council Meeting. Excerpt from Agenda Item number 10, Council Member Alison Strange Appointment to the Tourism Development Council. City Manager Bulthuis stated that Council has two official appointments to make. The Tourism Development Council and the Metropolitan Planning Organization Governing Board. Council Member Myers expressed her desire to stay on the Metropolitan Planning Organization Governing Board as the voting member. Council Member Howard stated that he would like to be the alternate member. Council Member Howard moved to appoint Council Member Myers to the Metropolitan Planning Organization Governing Board as the voting member, seconded by Council Member Strange. Passed unanimously 5-0 with all members present voicing aye. Council Member Howard moved to appoint Council Member Strange to the Tourism Development Council as the voting member; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing ave. Council Member Myers moved to appoint Council Member Howard to the Metropolitan Planning Organization Governing Board as the alternate member; seconded by Council Member Strange. Passed unanimously 5-0 with all members present voicing aye. This is a true and correct excerpt from the December 10, 2024 Clermont City Council Meeting. \-ILY \..ICI K