10-13-2015 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13,2015
The Clermont City Council met in a regular meeting on Tuesday, October 13, 2015 in the Clermont City
Center. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present.
Council Members Mullins, Bates, and Goodgame. Other City officials present were: City Manager Gray,
City Attorney Mantzans, and Deputy City Clerk Noak. Council Member Travis was absent
INVOCATION
Pastor Timothy Moses gave the invocation followed by the Pledge of Allegiance.
PROCLAMATION
Deputy City Clerk Noak read the Red Ribbon Week proclamation aloud Mayor Ash presented the
proclamation to Young Manne Laree Osteen A Young Manne thanked Council for supporting Red
Ribbon Week.
Public Information Officer Bloodsworth gave a presentation hononng Fred Sommer and the 25th
Anniversary of the Great Flondian Tnathlon Deputy City Clerk Noak read the Fred Sommer
proclamation aloud Mayor Ash presented the proclamation to Fred Sommer.
PUBLIC COMMENTS
Charlene Forth commented the Clermont Garden Club was blocking off access to a City park and
requested Council take action to resolve the situation.
REPORTS
City Manager Gray stated misinformation had been provided regarding the heanng for the annexation of
the WaterBrooke project. The public heanng regarding the annexation will be held at the October 27,
2015 Council meeting
City Attorney Mantzans—No report
Council Member Bates congratulated City staff for a successful Grand Opening Gala of the Performing
Arts Center.
Council Member Goodgame provided information to the Council regarding the use of body cameras for
police officers. He requested the City consider body cameras for Clermont Police Officers
Council Member Mullins congratulated City staff for a successful Grand Opening Gala of the Performing
Arts Center
Mayor Ash reported she attended the Greater Cancer Foundation event, an awards banquet for a local Girl
Scout Troop, and a Clermont Police Officer sweanng-in ceremony. The next coffee with the Mayor will
be held at Enka's Tea Room on Saturday, October 17 at 10am.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
CONSENT AGENDA
Mayor Ash advised the next item on the Agenda for consideration was the Consent Agenda and requested
anyone wishing to have any item pulled for discussion to please come forward at this time
Item No. 1-Meeting Minutes Consider request to approve minutes of the
August 11, 2015,August 25, 2015, and
September 8, 2015 Regular Council meeting.
Item No.2—Resolution No.2015-34 Consider Resolution lease agreement
amendment between the City of Clermont and
SBA 2012 TC Assets,LLC to include five
additional successive terms of five years
Item No:3—Resolution No.2015-37 Consider Resolution approval repealing the
Harassment Policy and replacing with
Harassment(including Sexual Harassment)
Policy.
Item No.4—Bid Award Consider approval of contract to Schmid
Construction, Inc. to provide construction of
Clermont Police Department Headquarters in the
total lump sum amount of$7,308,000. The
funding plan for the project is to use
approximately$2,700,000 from the Police
Impact Fees Fund and the remaining$4,608,000
from a bank loan/bond issue
Item No. 5—Piggyback Contract Award Consider request to piggyback Lake County
Board of County Commissioners contract with
Done Right Fire Repair, Inc to provide Personal
'Protective Equipment Inspection,Cleaning, and
Repair in the annual estimated amount of$2,000
included in the approved budget
Item No. 6—Surplus Request Consider approval to declare end of life
inventory as surplus from the Fire Department,
Development Services Department, and City
Clerk's Office to dispose in accordance with the
Purchasing Policy.
Item No. 7—Event Request Consider approval for the Taste of South Lake to
have an open contamer area for their event at
Waterfront Park on November 5`h.
Item No.8—Event Request Consider event and open container request for
Harvest Festival in conjunction with Sommer
Sports 5K Run"Nightmare on Clermont"on
October 31,2015
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
Item No.9—Event Request Consider event request and approval for road
closures by Bike Flonda for their"Share the
Road Celebration of Cycling"on November 13,
2015
Item No. 10—Utility Service Agreement Consider request for water service to a single-
family home owned by Gokul S Bnjmohan at
16300 Johns Lake Road
Item No. 11 —Scope of Services Consider approval of Professional Engineenng
Services Proposed for the Sunburst Water
Treatment Plant-Lower Floridan Aquifer Wells
by Tetra Tech, Inc., in the amount of
$233,684.00 Recently received grant funds
from St.Johns River Water Management
Distnct will be utilized for these services
Council Member Mullins pulled Consent Items 4, 8,and 9.
Council Member Goodgame moved to approve Consent Items 1, 2, 3, 5, 6, 7, 10 and 11,
seconded by Council Member Mullins The motion passed with all members present
voting aye
Council Member Mullins commented he was pleased a local company was the successful bidder for the
construction of the new Police Department Headquarters.
Council Member Mullins stated he pulled Consent Item 9 in error.
Council Member Mullins stated the Clermont Downtown Partnership was requesting an open container
zone and due to the hours, the City was requinng two police officers to be hired by the applicant. The
cost exceeds the budget for the Harvest Festival and the options were to remove the open container
request or change the open container hours so police officers would not have to be provided at the
expense of the applicant City Manager Gray will work with Police Chief Broadway and contact the
Downtown Partnership.
Council Member Goodgame inquired about the open container hours. Council Member Mullins stated on
the onginal application, the hours began at 12 noon and ended at 10pm. Events Manager Dudeck stated
on the adjusted application,the open container hours were from 5pm to 9pm.
Mayor Ash stated; for clanfication, the open container hours requested were 5pm to 9pm.
Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public
heanng.
Council Member Goodgame moved to approve Consent Items 4, 8, and 9, seconded by
Council Member Bates. The motion passed with all members present voting aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
Mayor Ash announced the applicant has requested the Arby's Vanance Request be tabled to the October
27, 2015 Council meeting
Council Member Goodgame moved to table Item 14 to October 27, 2015; seconded by
Council Member Bates The motion passed with all members present voting aye.
City Attorney Mantzans stated due to the absence of a Council Member, applicants with land use requests
had the option of continuing their request to a future meeting with a full Council.
Mayor Ash asked the applicants for the Clermont Ridge Vanance Request if they wished to have their
matter continued to the October 27, 2015 Council meeting. The applicant wished to remain on the current
agenda.
UNFINISHED BUSINESS
Item No. 12—On-Street Parking; West DeSoto Street
Economic Development Director Hitt presented the proposal for parallel parking on West Desoto Street
and a grass parking lot located where the West Desoto Street fire station was demolished. The proposed
parallel parking on the south side of West Desoto Street will provide 15 parking spaces and the grass
parking lot will provide 14 grass parking spaces and 1 paved handicapped space.
City Manager Gray recommended the parking lot remain a grass lot until Council determines the direction
they will take with the current Police Station on West Desoto Street after the new Police Station was
constructed.
Council Member Goodgame inquired if a parallel parking space could be changed to a handicapped
parking space City Manager Gray stated the change would reduce the available number of parking
spaces on West Desoto Street
Economic Development Director Hitt presented the cross-walk design and reconfiguration for the corner
of West Desoto Street and West Avenue to allow for safer pedestnan crossing.
Council Member Goodgame commented the center line on West Desoto Street should be realigned.
Economic Development Director Hitt stated the Public Works Department will be recoating the street and
re-centenng the line
Council Member Mullins requested landscaping between the road and the wheel-stops in the grass
parking lot.
Staff recommended approval of the proposed West Desoto Street parallel parking spaces and the grass
parking lot
Mayor Ash opened the public heanng
Karen Schaffer, Magic Moments, requested clanfication on the cross-walk design and expressed concern
regarding child safety. Economic Development Director Hitt reviewed the details of the cross-walk
design.
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City of Clermont
' MINUTES
REGULAR COUNCIL MEETING
October 13,2015
Mayor Ash requested the City erect `Caution-Children Crossing' signs.
Charles Forth expressed concern regarding traffic blockage while loading and unloading children at
Magic Moments. He commented on the increase of use at Magic Moments since the onginal Conditional
Use Permit was granted, and stated the City should address the increase of use at the facility.
Charlene Forth expressed concern the grass parking lot would be used by Magic Moments staff and
customers She commented on the on-site parking requirements attached to the Magic Moments
Conditional Use Permit and requested the City enforce the permit conditions.
Council Member Goodgame stated traffic back-up conditions occur at most public and pnvate schools
He suggested limiting parking time to two hours.
Mayor Ash commented the parking was public parking and the City could not prevent someone from
using the parking spaces.
Karen Schaffer, Magic Moments, commented the employees park behind the Magic Moments facility and
the VFW area.
Mayor Ash closed the public heanng.
Council Member Mullins spoke in opposition of limiting parking time
Council Member Mullins moved to authonze staff to proceed with the presented proposal
with the addition of landscaping in the grass parking lot; seconded by Council Member
Goodgame. The motion passed with all members present voting aye
Item No. 13—Ordinance No.2015-75,Introduction-New Zoning District
Deputy City Clerk Noak read Ordinance 2015-75 aloud by title only.
An Ordinance of the Code of Ordinances of the City Council of the City of Clermont,
Lake County, Flonda, amending the Code of Ordinances, Article IV Planned Unit
Developments, Chapter 122 Zoning, Section 122-311 Purpose and Intent of Article,
Section 122-313 General Requirements; Section 122-314 Location, Section 122-315
Review Cntena; Section 122-316 Procedure for Review and Approval; Section 122-317
Amendments to Development Plan; Section 122-318 Conflicting Provisions; providing
for codification, severability, effective date, and publication.
Council Member Goodgame moved to introduce Ordinance 2015-75, seconded by
Council Member Mullins. The motion passed with all members present voting aye.
NEW BUSINESS
Item No. 15—Variance Request, Clermont Ridge
Planning Manager Henschel presented the two vanance requests to construct a new commercial
development with shared parking. The proposed development will consist of three commercial buildings
with a total of 15,500 square feet.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
The first vanance request was for a landscape buffer of less than 20 feet adjacent to a right-of-way. The
applicant's parcel is behind a Florida Department of Transportation water retention area adjacent to
Highway 50. The applicant proposed a 10 foot landscape buffer for the portion behind the water retention
area The remaining portion of the buffer would have the required 20 foot landscape buffer. Staff
recommended approval of the first variance request.
The second variance request was for a reconfiguration of the three parcels to share a common dnveway
and eliminate the landscape buffer between the parcels Staff recommended denial of the second vanance
request.
Ryan Stahl, Equinox Development, was present on behalf of the owner. Mr. Stahl stated the interested
parties for the three parcels were Cheddar's,Zoey's, and Pollo Tropical.
Mayor Ash opened the public heanng. There were no public comments Mayor Ash closed the public
heanng.
Council Member Mullins supported the landscape variance adjacent to Highway 50 and the elimination of
a landscape buffer between the Cheddar's and Zoey's parcels. He requested additional landscaping in the
buffer at the entryway
Mayor Ash was opposed to eliminating the landscape buffer between the parcels.
Council Member Goodgame was in agreement with Council Member Mullins.
Council Member Mullins inquired if the finished floor elevation would be above Highway 50. Planning
Manager Henschel stated the elevation plans were not available.
Council Member Mullins suggested moving two of the buildings to the west and enhancing the entryway
with 15 feet of landscaping
The Kimley-Horn Civil Engineering Consultant commented a portion of the sidewalk could be eliminated
to provide 12 feet of landscaping at the entryway. He stated the Impervious Surface Ratio was
substantially lower than the maximum the City Code allowed.
Council Member Mullins inquired what the City's standard was regarding a landscape buffer next to a
street. Planning Manager Henschel commented the standard was a 10 foot landscape buffer and the
applicant confirmed the design could be changed to conform to the City's standard.
Council Member Mullins was opposed to eliminating the sidewalk
Mayor Ash commented the project contained only one entrance off of Highway 50.
Planning Manager Henschel stated an additional entrance was located off Sandy Grove Avenue
Council Member Mullins inquired if Tract A was a retention pond Mr. Stahl stated Tract A was a
temporary retention pond and could be relocated when the remainder of the project was developed.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
Planning Manager Henschel reviewed the first vanance request:
The Highway 50 landscape buffer vanance request was for a 10 foot landscape buffer off of the
north property line. Staff supported the variance request
Council Member Goodgame moved to approve the first vanance request, seconded by
Council Member Mullins The motion passed with all members present voting aye.
Planning Manager Henschel provided the second vanance request as amended:
Eliminating the intenor landscape buffer between Lot 1 and Lot 2
Council Member Goodgame moved to approve the second vanance request as amended:
seconded by Council Member Bates The motion passed with all members present voting
aye.
Item No. 16—Joint Planning Area,Skyway Towers
Planning Manager Henschel stated Lake County staff requested a recommendation from the City Council
for a Joint Planning Area vanance request to install a 199 foot communication tower located south of the
Titan Sand Mine off Hartwood Marsh Road. The City's Land Development Code and the Joint Planning
Area regulations do not allow a communications tower greater than 140 feet in height. The proposed
communications tower design would be camouflaged using a 'pine tree' configuration
Attorney Cecelia Bonifay, Ackerman, LLP, was present on behalf of Skyway Towers. The proposed
tower location is southeast of the Titan Sand Mine and the surrounding properties are pnmarily five acre
tracts of land. The tower would be located on the owner's property and there have been no objections
from the surrounding property owners Skyway Towers will fence the tower and the building setbacks
will exceed setback requirements.
Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public
heanng.
Council Member Goodgame asked if a light would be required at the top of the tower. Attorney Bomfay
commented the plans do not indicate a light on top of the tower.
City Attorney Mantzans stated Federal Aviation Administration regulations regarding a light on top of a
tower was site specific, and a tower determined to be a hazard would be required to have a light
Council Member Goodgame inquired if an emergency generator was included. Attorney Bomfay
commented an emergency generator was not included in the plans.
Council Member Goodgame asked if the Metropolitan Planning Organization had been contacted
regarding the Hartle Road re-alignment to the Sector Plan. Attorney Bomfay stated the Metropolitan
Planning Organization was contacted and the tower would not be located within the new alignment area
for Hartle Road
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
Mayor Ash expressed concern regarding the impact on surrounding property owners and any future
developments along Hartwood Marsh Road Attorney Bonifay stated the area has been stable with five
acre parcels and an agricultural-type lifestyle. The remaining undeveloped areas along Hartwood Marsh
Road consist of a few open land parcels and the reclamation property of the Titan Sand Mine.
Council Member Goodgame was opposed to the location Attorney Bonifay commented other locations
were high density residential properties.
Council Member Goodgame asked when Lake County would hear the vanance request. City Manager
Gray stated he would advise Council Member Goodgame of the heanng date
Council Member Goodgame recommended the communications tower include a generator with four days
of fuel.
Council Member Mullins recommended a monopole with the antennas inside
Council Member Mullins moved to recommend to Lake County a monopole tower
configuration with the antennas inside, and an emergency generator with four days of
fuel, seconded by Council Member Goodgame. The motion passed with all members
present voting aye.
Item No. 17—Resolution No. 2015-36,Expansion Area Finding of Necessity for Downtown (CRA)
Deputy City Clerk Noak read Resolution 2015-36 aloud by title only
A Resolution of the City Council of the City of Clermont, Lake County, Flonda, relating
to community redevelopment, finding the existence of blight conditions in an area of the
City of Clermont; making certain findings and determinations; expanding the Community
Redevelopment Agency area, providing an effective date.
Economic Development Director Hitt reported on the proposed expansion area and the approval process
required by the state.
Mayor Ash opened the public hearing There were no public comments. Mayor Ash closed the public
hearing.
Council Member Goodgame moved to approve Resolution 2015-36; seconded by Council
Member Bates
Council Member Mullins inquired if the expansion included Carroll Street Economic Development
Director Hitt stated the Community Redevelopment Agency area extended only to the south side of
Carroll Street.
The motion passed with all members present voting aye
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
October 13, 2015
Item No. 18—Ordinance No. 2015-70,Introduction-WaterBrooke Annexation
Deputy City Clerk Noak read Ordinance 2015-70 aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Florida,
providing for the annexation of a certain parcel of land contiguous to the present City
boundaries; providing for an effective date, severability,recording, and publication.
Mayor Ash opened the public hearing There were no public comments. Mayor Ash closed the public
hearing
Council Member Mullins moved to introduce Ordinance 2015-70; seconded by Council
Member Mullins The motion passed with all members present voting aye
ADJOURN: With no further comments,this meeting was adjourned at 8 31pm.
•
APPROVED:
Gail L. Ash, Mayor
ATTEST:
Tracy A oyd, City`lerk
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