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01.28.2025 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 CALL TO ORDER The City Council met in a regular meeting on Tuesday, January 28, 2025 at 6:30pm in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Strange, Howard, Myers and Petersen. Other City officials present were Interim City Manager Van Wagner, Interim City Attorney Waugh, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Alex Vaz from Clermont Seventh-Day Adventist Church gave the invocation, followed by the Pledge of Allegiance. PRESENTATIONS Live Well Grant Presentation - Donna Kirtland, Live Well Foundation, presented a grant from the foundations grant committee. The committee voted to support up to $1 million for the grass tiered amphitheater area of the Meet Us in the Middle project. This is the green area facing the water and will be available to provide educational and recreational events for residents and visitors. Montrose Street Traffic Study - Police Chief Broadway presented a PowerPoint presentation to follow up on a complaint regarding speeding on Montrose Street. Speed devices were deployed December 16-29, 2025 and January 3-17, 2025. The data was then collected and analyzed by the Traffic Enforcement Division. Officers will continue to patrol the area and the speed limit could be lowered from 30mph to 25mph to help slow down the traffic. Mayor Murry requested to lower speed limit to 25mph. Police Chief Broadway noted the request and he would discuss with Interim City Manager Van Wagner. PUBLIC COMMENTS Tom Bennett, Clermont Fire Department — shared information on medical devices the Fire Department purchased. Nick Farrokh, 3362 St. Vincent Lane - requested to be added to an agenda to give a presentation on the soccer fields. Merideth Nagel, 1280 Diana Place — expressed concern with Interim City Manager and information regarding the Historical Society. Vincent Niemiec, Regency Hills — thanked Interim City Manager Van Wagner for his role in placing a crossing guard at Hartwood Marsh and Hancock for the children going to and from school. Debbie Schlackman, 3131 Hurston Watch Lane — expressed concern on not being informed about the extension of Hook Street extension when she purchased her property. Mayor Murry suggested she speak with Development Services Director Henschel. Interim City Attorney Waugh suggested she consult with legal counsel. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Council Member Strange stated she spoke with neighbors in that community and said they were seeking legal counsel for the neighborhood and to reach out to them. Paula Hoisington, 564 E. Desoto Street — spoke about unity and transparency with Council. AGENDA CHANGES Interim City Manager Van Wagner informed the Council of the following agenda change: Item No. 7 — Proposed Purchase of Chestnut Street Property and Budget Amendment Interim City Manager Van Wagner stated this item was being withdrawn from the agenda and would be brought back at a later date. Council Member Strange requested to move reports to the end of the meeting. Mayor Murry stated that reports would be done in order. REPORTS CITY MANAGER REPORT Interim City Manager Van Wagner — • February 1-2, 2025 is the Great Clermont Campout at Waterfront Park. • Closed litigation session will be on February 4, 2025 at 4pm in Council Chambers. • Met with Lake Country Commissioner Parks and County Manager Barker and informed them the Clermont would like to have a stronger presence of ambulance service. Will have a follow up discussion in February with Lake County and City staff. Mayor Murry requested the engineering cost incurred for the new location of Fire Station 2 that will no longer be built. CITY ATTORNEY REPORT Interim City Attorney Waugh — • Training for Planning & Zoning Commission will be at their March meeting. • Working with staff and the Police Benevolence Association, should have something substantial to present to Council soon. • Working with the City Clerk on the Shade session and ready to give those reports to Council. CITY COUNCIL REPORT Council Member Petersen — • Attended IEMO and it was productive. • Supports ambulance service in the City. • Met with the rowing club. Council Member Myers — • Attended the celebration of Martin Luther King Jr. It was a wonderful production. • Met with the rowing club. 0 Completed the Request for Qualifications evaluation for City Attorney. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Council Member Howard — • Spoke about Robert's Rules of Order and distributed information to Council. Council Member Strange — • Requested to schedule a Parks and Recreation workshop. Mayor Murry — • Thanked the City for the Martin Luther King Jr. celebration. • Mayor's lunch is February 4, 2025 at Portillo's. • Requested Interim City Manager Van Wagner communicate with Mr. Farrokh regarding his request. • Supports ambulance service in the City. CONSENT AGENDA Mayor Murry advised the next item on the agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1—Meeting Minutes Item No. 2 — Surplus Request Item No. 3 — Sidewalk Easement Agreement Item No. 4 — Sole Source Approval Power & Pumps, Inc. Item No. 5 — Piggyback Contract Temporary Employment Services Item No. 6 — Piggyback Term Contract Purchase and Lease of Copiers 3 Consider approval of the December 17, 2025 Special Meeting and Workshop minutes. Consider declaring end -of -life inventory as surplus from Finance, Fire, Building Services, Police, Parks and Recreation, and Public Services Department and provide disposal per the Procurement Policy. Consider approval of construction and access easement for a new public sidewalk. Consider approval of a single/sole source purchase from Power & Pumps, Inc. to acquire Danfoss variable frequency drives, soft starters, related accessories, and services. Consider approval to piggyback the Lake County term contract with PeopleReady Florida Inc. to provide temporary employment services. Consider piggybacking the NASPO term contract titled Multi -Function Devices and Related Software, Services, and Cloud Solutions with Konica Minolta Business Solutions USA, Inc. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Item No. 7 — Proposed Purchase of Chestnut Street Consider property purchase approval and Property and Budget Amendment budget amendment in the amount of $60,000 for lift station access. Item No. 8 — Splash Park Admission Fee Waiver Item No. 9 — Lake County Rowing Association/Boathouse Short Term Agreement Extension Item No. 10 — Road Closure Requests Item No. 11 — Interlocal Agreement Item No. 12 — Approval to Lease City Property Item No. 13 — Lease Agreement Item No. 14 — Settlement Agreement Paula Hoisington pulled Consent Agenda Item No. 5. Bryan Bain pulled Consent Agenda Item No. 8 and 9. Mayor Murry pulled Consent Agenda Item No. 12. Resident pulled Consent Agenda Item No. 13. Bryan Bain pulled Consent Agenda Item No. 14. Consider waiving individual Splash Park admission fees. Consider extending the Boathouse Management Agreement through July 31, 2025. Consider road closure approval for 2025 Clermont Main Street events. Consider agreement approval for Lake Felter Park Improvements to receive $110,000 of Lake County Infrastructure Sales Tax funding. Consider approval to lease 1146 Lake Minneola Drive for boat storage. Consider Clermont Multihull Association Lease Agreement for 1146 Lake Minneola Drive. Consider Settlement Agreement between the City and Coastal Investment Land Trust. Council Member Strange moved to approve Consent Agenda Items 1-4 6 and 10-11• seconded by Council Member Myer. Passed unanimously 5-0 with all members present voicing awe. Item No. 5 — Piggyback Contract, Temporary Employment Services Paula Hoisington, 564 E. Desoto Street — inquired on the contract and the amount. Procurement Director Suarez stated the contract is for hiring employees for temporary services. This is mainly used by the Public Services department when needed. Council Member Howard moved to 012rove Consent A gnda Item 5• seconded b Council Member Mvers. Passed unanimously 5-0 with all member present voicing`ve. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Item No. 8 — Splash Park Admission Fee Waiver Bryan Bain, 245 Nautica Mile Drive — in support of not charging fee. Inquired about eliminated positions and the current fee that was the same for residents and non-residents. Parks and Recreation Director Forman said there are seasonal splash pad attendants, moving forward the plan is to eliminate those positions. There is a camera that can be monitored in live time as well as staff in the area for rentals and the Park Rangers. Council Member Howard moved to approve Consent Agenda Item 8. seconded by Council Member Myers. Discussion ensued on the eliminated positions, the current daily fees and season passes. The discussion turned to injury's and Parks and Recreation Director Forman did not have statistics regarding any injury's. Passed 3-2 with Mayor Murry and Council Member Petersen opposing_ Item No. 9 — Lake County Rowing Association/Boathouse Short Term Agreement Extension Bryan Bain, 245 Nautica Mile Drive — spoke about transparency with this item. The staff report states there would be a short term extension of the contract while the City explores other options, that is ominous and not transparent for the public. Parks and Recreation Director Forman clarified that the initial 5-year term is up at the end of the month. There needs to be action taken prior to that. There has been discussion between the President of Lake County Rowing Association and staff and the extension was a compromise renewal. Staff needs direction from Council on how to proceed and the extension would provide time for Council to discuss. Council Member Howard stated that the intent of the extension was to collect data and write a contract in a better manner. The extension provides Council and staff time to create and draft a contract that works for both parties as well as the residents of Clermont. Mayor Murry opened the public comments. The following spoke in support of the Lake County Rowing Association agreement extension. Paula Hoisington, 564 E. Desoto Street Vincent Niemiec, Regency Hills Kim Wilde, 11223 Lake Katherine Circle Bailey Neff, 11824 Caruso Drive Stephen Franklin, 12th Street Maxine, 305 Nautica Mile Drive Cheryl Cardinal, 9535 Lynwood Street Keith Mullins, 640 Drew Avenue Rob Kelley, 7433 Pine Island, Treasurer for Lake County Rowing Association Kimberly Campbell, 840 Grand Highway Pam McNamara, 2100 Olympus Boulevard 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Skylar Peterson Niema Olivia Caridi Katy Limpus Elan Smith Madison Hensman Tara Mansius, 1213 Greenley Avenue Zach Miller Aaron Miller, 2839 Eagle Lake Drive Lanaia Neff, 11824 Caruso Drive Dawn Abistado, 1234 Shorecrest Circle Jackson Dana Power, 13236 Shore Drive, Winter Garden The following spoke in opposition of the Lake County Rowing Association agreement extension. Gina McKinstry, Clermont Watersports Company Kim Bennett, Clermont Watersports Company Mark Vantrease, 10032 County Road 561 — Clarified that the process everyone is trying to solve is something that allows the whole community to benefit from this. Contract process has been a challenge; the process began prior to the changes on the Council. Appreciate the six-month extension which provides time to allow for a workshop to discuss. Requested Council schedule a workshop to discuss the contract. Ruben Jimenez, 556 Autumn Ash Drive - reconsider votes on the splash pad. Mayor Murry closed the public comments. Mayor Murry stated that he was opposed to the extension and the 10-year lease and monthly increase from $500.00 to $1,000.00 should be approved. Council Member Strange shared her concerns surrounding discussion not being had regarding the contract. Council Member Strange moved to approve Consent Agenda Item 9. seconded by Council Member Howard. Council discussed the timeline for renewal of the contract and holding a workshop. Passed 4-1 with Mayor MgM opposing_ Council set a workshop for February 4, 2025 at 5:OOpm at the Clermont City Center to discuss this item. Spoke to Interim City Attorney Waugh regarding reviewing the contract and providing Council with his recommendations. Mayor Murry recessed the meeting at 9:26pm. The meeting reconvened at 9:35 pm. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Item No. 12 — Approval to Lease City Property Council Member Strange requested to combine Item 12 and Item 13 for discussion. Mayor Murry stated that he pulled item 12 and another person pulled item 13. Mayor Murry questioned the item being on the consent agenda without discussion. Council Member Strange moved to table Consent Agenda Items 12 and 13 until after a workshop: seconded by Council Member Petersen. Council Member Strange stated that these items can be discussed at the February 4, 2025 workshop and if needed, they can schedule another workshop after that one. Council Member Howard agreed with the items being on the February 4, 2025 workshop as these items came from a conflict with the Rowing Club. Passed unanimously 5-0 with all members present voicing`ve. Council consensus was to have the following items on the February 4, 2025 workshop agenda: Rowing Club Boathouse, Parks and Recreation discussion and other. Item No. 14 — Settlement Agreement Bryan Bain, 245 Nautica Mile Drive — expressed concern with the settlement and questioned what the City gains from the settlement. Mayor Murry opened the public hearing. Paula Hoisington, 564 E. Desoto Street — spoke in opposition of the settlement. Patrick Bianchi, 752 W. Montrose Street — reviewed prior Councils practice regarding settlements. The same settlement was offered six months ago to the prior City Manager. Do not agree with staffs report on the item. The settlement clarifies the language that mixed use development is exempt from minimum parking requirements. Mayor Murry closed the public hearing. Interim City Attorney Waugh reviewed the proceedings leading up to the lawsuit and the settlement agreement. Discussion ensued on the language in the code regarding parking and the potential liability of moving forward and losing. Council Member Myers moved to approve Consent Agenda Item 14 Settlement Agreement: seconded by Council Member Petersen. Passed 4-1 with Mayor Murry opposing. UNFINISHED BUSINESS Item No. 15 — Ordinance No. 2025-004, Land Development Code Amendment C-2 Storage Final 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 125, "ZONING", ARTICLE III "DISTRICTS", DIVISION 11 "C-2 GENERAL COMMERCIAL DISTRICT" SECTION 125-337 "CONDITIONAL USES" PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the item. City staff has received direction to proceed with processing amendments within the Land Development Code. Within the C-2 General Commercial District, a residential storage warehouse is allowed as a conditional use. This is under Section 125-337(a)(2). In order to develop a residential storage warehouse within the C-2 General Commercial zoning, City Council must grant a Conditional Use Permit. The requested amendment would be to remove this use from the C-2 General Commercial District. Staff supports this requested change. The Planning and Zoning Commission recommended approval 4-2. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing. Council Member Howard moved to approve Ordinance No. 2025-004, Land Development Code Amendment C-2 Storage, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing y_e. Item No. 16 — Ordinance No. 2025-005, Land Development Code Amendment M-1 Storage Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 125, "ZONING", ARTICLE III "DISTRICTS", DIVISION 13 "M-1 INDUSTRIAL DISTRICT", SECTION 125-397 "CONDITIONAL USES" PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the item. City staff has received direction to proceed with processing amendments within the Land Development Code. The requested change is to allow a residential storage warehouse within the M-1 Industrial District through a Conditional Use Permit. This change would occur under Section 125-397 (6). The requested amendment would add this specific language under this section of the LDC. Staff supports this requested change. The Planning and Zoning Commission recommended approval 4-2. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing. Mayor Murry spoke about previous requests for Storage Facilities that were denied. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Council Member Howard moved to approve Ordinance No. 2025-005, Land Development Code Amendment M-1 Storage; seconded by Council Member Petersen. Council discussed the applicants this may affect by changing the uses within specific zoning. Passed unanimously 4-1 with mayor Murry opposing, Item No.17 - Ordinance No. 2025-006, Land Development Code Amendment Time Limitfor Commencing Construction Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 101, "GENERAL AND ADMINISTRATIVE PROVISIONS", ARTICLE III "ORDERS AND PERMITS", DIVISION 3 "CONDITIONAL USE PERMITS", SECTION 101-216 "TIME LIMIT FOR COMMENCING CONSTRUCTION", PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Director Henschel presented the item. Under the current Land Development Regulations, the time limit to start construction has been ambiguous without a definitive, measurable task. The addition of language that documents an inspection within the building permit process captures progress with a measurable date. Language is being added to state "physical construction" would at a minimum, include a completed and approved footer inspection. This is a realistic measurement within the two years of a development order to move a project forward for new construction. In situations where a structure is existing, staff would recommend adding the language "or a completed change of use/life safety inspection." Staff supports this requested change. The Planning and Zoning Commission recommended approval 6-0. Mayor Murry opened the public hearing. Paula Hoisington, 564 E. Desoto Street — expressed appreciation for updating the language. Patrick Bianchi, 752 W. Montrose Street — consider the change of use language, there may be other projects that come before Council that do not fall into those guidelines. Vincent Niemiec, Regency Hills — spoke in favor of the update. Mayor Murry closed the public hearing. Council Member Strange inquired if "completed change of use/life safety" are defined in the code. Discussion ensued on what "change of use/life safety" mean and the inspections that changing uses triggers as well as different events that can happen while building. Council Member Strange moved to approve Ordinance No. 2025-006, with an amendment that the last paragraph read "at a minimum the footer inspection or a completed change of use/life safety permit shall be completed and approved." Council Member Strange amended the motion to accept Item No. 17, Ordinance No. 2025- 006, "at a minimum the footer inspection and or a change of use/life safety permit shall be completed and approved." 9 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Discussion ensued on the exact wording for the ordinance. Interim City Attorney Waugh suggested Council table the item for staff to clarify the language. Council Member Petersen moved to table the item, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 18 — Ordinance No. 2025-007, BTR Final AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, REPEALING IN ITS ENTIRETY SECTIONS 34-126 THROUGH 34-140 OF ARTICLE IV OF CHAPTER 34 OF THE CITY CODE REGARDING BUSINESS TAX RECEIPTS AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Building Services Director Widican stated the Building Services Department is responsible for issuing Business Tax Receipts. Director Widican explained the process a business goes through to receive a Business Tax Receipt within the City along with the cost and the requirement of a life safety inspection. They renew annually which can be done online. Mayor Murry opened the public hearing. Bryan Bain, 245 Nautica Mile Drive — inquired about life safety inspections. Building Services Director Widican responded that there would no longer be a way for Building Services to track new businesses to know they need a life safety inspection. Fire Chief Ezell stated that inspection rotations are on a one to three-year rotation per State Statutes. There is a process in place and they will be able to inspect commercial businesses. Eliminating the Business Tax Receipts will not impact the ability to keep the community safe. Patrick Bianchi, 752 W. Montrose Street — spoke in support of a process for the City to collect new business information and check the zoning requirements. The issue is the penalties when not renewing on time. Mayor Murry closed the public hearing. Mayor Murry inquired about the penalty. Building Services Director Widican explained there is a penalty if payment is not made by September 30. The late fee is five percent of the Business Tax Receipt fee. Discussion ensued on how to track new businesses coming into the City, the expenses of business owners and government overlay. Council Member Howard moved to approve Ordinance No. 2025-007, BTR; seconded by Council Member Petersen. Passed 3-2 with Mayor Murry and Council Member Myers ognosing_ 10 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 NEW BUSINESS Item No. 19 — Resolution No. 2025-OO1R, Lakes of Clermont Health and Rehabilitation Center CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW FOR A BUILDING ADDITION FOR THE EXISTING HEALTH AND REHABILITATION FACILITY IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Director Henschel presented the item. The applicant is requesting to amend a Conditional Use Permit, to allow for a 14,350 square foot building addition that will provide a 40- Bed expansion for the existing health and rehabilitation center located at 1775 Hooks Street. The subject parcel is located at the southwest corner of Citrus Tower Boulevard and Hooks Street. The property zoning is C- 2 General Commercial with a Commercial Future Land Use designation. City Code Section, 125-337, allows nursing homes and rehabilitation medical facilities with an approved Conditional Use Permit. The existing facility is 61,058 square foot and the 14,350 square foot addition will make the new total building area 75,408 square feet. The proposed addition will allow for a 40-bed expansion for the site. The facility is designed to operate 24 hours a day while patients recover from their operations or injuries. The medical staff is trained to facilitate medical services and therapy programs such as specialized orthopedic, cardiac, and stroke rehabilitation services. A patient's typical stay may last from 20 to 30 days at the facility, and this will not be considered a permanent housing facility. Staff has reviewed the application and finds the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, and the proposed use will comply with the regulations and conditions as specified. Therefore, staff recommends approval of Resolution 2025- 001 R. The Planning and Zoning Commission recommended approval 4-2. Jason Alligood, Kimley Horne and Associates, is the Civil Engineer for the project. He is available for technical questions regarding the project. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Discussion ensued on the increase to parking and traffic. A traffic study was exempt as traffic will be minimal. Council Member Howard moved to approve Resolution No. 2025-001 R. Lakes of Clermont Health and Rehabilitation Center CUP; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing gye. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Item No. 20 — Resolution No. 2025-002R, FY25 Budget Amendment #1 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 2024-2025 City Clerk Howe read the title aloud. Finance Director Borror stated that the amendment is a request to appropriate reserve funds for operating expenses related to Hurricane Milton. These are for items for emergency preparedness pre storm and post storm. The City will seek reimbursement from FEMA for these costs. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard moved to approve Resolution No. 2025-002R. FY25 Budget Amendment #1. seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 21— Resolution No. 2025-003R, FY25 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 2024-2025 City Clerk Howe read the title aloud. Finance Director Borror stated that this amendment reflects activity during the first quarter of the fiscal year. This includes carry over expenditures from the previous fiscal year, interfund transfers, and new requests in the current fiscal year. Discussion ensued on the surplus of funds from last fiscal year. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard moved to =rove Resolution No. 2025-003R. FY25 Budget Amendment #2, seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicing aye. Item No. 22 — Mediated Settlement Agreement, Clermont West Phase 2 Development Services Planner Kruse presented the item. The applicant, Clermont West Investors LLC, applied for a conditional use permit to allow for two hotels to occupy more than 20,000 square feet of floor space, to allow shared parking, and to allow a residential storage warehouse greater than 20,000 square feet in the C-2 General Commercial zoning district. Along with this request, the applicant originally requested 7 special conditions to be considered. The application was presented to Council on August 27, 2024. Council denied conditional Use Permit Resolution No. 2024-018R with a vote 5-0. The applicant, under Florida Statute, filed a request for relief with the City in this matter. On December 17, 2024, a mediation conference was held with a special magistrate, Mr. Lewis Stone, Esquire, presiding over the matter at hand. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 City staff, the applicant, and their representatives were present and a variety of possible solutions was discussed. A final solution was agreed upon by all parties involved and is documented in the mediated settlement agreement. If City Council approves the mediated settlement agreement, then Resolution No. 2025-006R will be presented for consideration. Interim City Attorney Waugh stated that this is a process to resolve potential differences. The function of mediation is for staff to meet with the applicant to come to an agreement. Staff originally recommended denial of the item, their recommendation has changed based on terms in the mediated settlement agreement. The changes to the plan have been laid out in the agreement as well as removal of some of the variances in the original request. Jimmy Crawford, Crawford, Modica and Holt, is present on behalf of Clermont West Investments along with representatives from CWI, Kin -ley Horn, and Johnson Development, and The Goddard School. Mr. Crawford spoke about the three main issues Council had with the project. The Extended Stay Hotel use, operator and appropriateness, the Self -Storage and the security and safety of the Daycare. The extended stay hotel will be StudioRES by Marriott, the rooms are designed for 15 to 30 day stays and the other hotel will be a Hilton product. One of the concessions was the layout and location of the hotels, if this passed, the applicant would like to amend the Conditional Use Permit to include an exhibit to show the layout. The site was redesigned to include pocket parks and walking connectivity. There is a need for Self -Storage but they need to be located correctly, not on major highways or stripped out along the road. This project is less intense than surrounding neighbors. There will be a retaining wall and a fence to separate from neighbors. Mr. Crawford spoke about State law regarding security and safety at Daycare facilities. The law says all staff must have background checks, all doors must be locked during operating hours, must install panic alarm button. This will be a very secure facility. The access driveway was moved, the parking was rearranged and moved the building ten feet forward and added a six-foot masonry wall. Four of the original seven variance requests were removed. The current variance requests are to remove the lot line buffers, sloped landscape buffers, and three rows of parking with 12 spaces without an island. Discussion ensued regarding the site plan for the project along with the landscaping, dumpster locations for the hotels, details on the hotels and public nuisances. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed the requirements for drop off and pick up at the daycare facility, and the possibility of the hotels becoming transitional housing. Council Member Strange moved to deny the Mediated Settlement Agreement, Clermont West Phase 2: seconded by Council Member Myers. Passed 4-1 with Mayor Murry goosing. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Item No. 23 — Resolution No. 2025-006R, Clermont West Phase 2 CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR TWO HOTELS TO OCCUPY MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE, TO ALLOW SHARED PARKING, AND TO ALLOW A RESIDENTIAL STORAGE WAREHOUSE GREATER THAN 20,000 SQUARE FEET IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT. IN ADDITION, THE APPLICANT IS REQUESTING THE FOLLOWING SPECIAL CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT: (1) TO ALLOW ZERO (0) FOOT INTERNAL LANDSCAPE BUFFERS BETWEEN INTERNAL LOT LINES, (2) TO ALLOW A MAXIMUM GRADING WITHIN THE PERIMETER LANDSCAPE BUFFERS UP TO 25% SLOPE AND (3) TO ALLOW MORE THAN 10 PARKING SPACES, BUT NO MORE THAN 12 SPACES WITHOUT A LANDSCAPE ISLAND; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Interim City Attorney Waugh informed Council with the mediated settlement agreement being denied this item became mute. Item No. 24 — City Attorney Qualification Results Procurement Director Suarez stated that staff received two responses to the request for qualifications, TG Law and Waugh Law. Three out of five Council Members scored the responses and the average score was based off of the three responses. Council discussed that only three Council Members responded along with the requirements and if the limited responses received, were due to the requirements. Mayor Murry opened the public hearing. Bryan Bain, 245 Nautica Mile Drive — the information was not transparent for the public. Paula Hoisington, 564 E. Desoto Street — expressed concern on only receiving two responses and rushing through the process. Patrick Bianchi, 752 W. Montrose Street — in support of moving forward with the two firms. Charlene Forth, 939 W. Desoto Street — spoke on moving forward. Gemma Torcivia, TG Law introduced herself and her firm. She provided background into what her firm has accomplished and how she feels they would be a good fit for Clermont. Mayor Murry closed the public hearing. Interim City Attorney Waugh stated that no matter the choice, the City is in good hands. Procurement Director Suarez explained that there was limited information in the agenda packet because the deadline for evaluations was 5:00pm on Friday which was after the packet went out to the public. Discussion ensued on the length of the advertisement and the scoring of the respondents. Council Member Howard moved to negotiate a contract with the highest scored Law Firm; seconded by Council Member Petersen. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 Council discussed both firms experience and having a primary attorney versus a team approach. Passed 3-2 with Mayor Murry and Council Member Myers opposing_ Item No. 25 — Ordinance No. 2025-008, Urban Backyard Chicken Regulations Intro AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 6 ANIMALS; SECTION 645 LIVESTOCK PROHIBITED; EXCEPTION AND 6-46 NUMBER OF ANIMALS PERMITTED; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Howard moved to introduce Ordinance No. 2025-008, Urban Back Chicken Regulations; seconded by Council Member Petersen. Mayor Murry opened the public hearing. Michael English, 1728 Nita Place — spoke in opposition, there is a coyote problem in Clermont. Marcia English, 1728 Nita Place — spoke in opposition. Would like a requirement of one acre lots. Charlene Forth, 939 Desoto Street — specify the type of chickens in the ordinance and that they have to be contained. Mayor Murry closed the public hearing. Mayor Murry stated one of the requirements in the ordinance is no roosters. Council Member Strange suggested having a sunset date. Passed unanimously 5-0 with all members present voicing Uee. Item No. 26 — Ordinance No. 2025-009, Golf Cart Regulations Intro AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 32, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES TO PERMIT THE USE OF GOLF CARTS ON ROADS WITHIN THE CITY LIMITS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVERNERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Howard moved to introduce Ordinance No. 2025-009, Golf Cart Regulations, seconded by Council Member Myers. Mayor Murry opened the public hearing. No comments. Mayor Murry closed the public hearing. Council Member Strange suggested having a sunset date. Passed unanimously 5-0 with all members present voicing aye. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2025 ADJOURN: With no further comments, this meeting adjourned at 12:35 am. Tracy Ackroyd Howe, MMC City Clerk 16 APPROVED: Tim Murry, May