02-12-2019 Regular Council City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 12,2019
The City Council met in a regular meeting on Tuesday, February 12, 2019 in the Clermont City Council
Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present:
Council Members Brishke,Travis, Bates,and Goodgame. Other City officials present were City Manager
Gray,City Attorney Mantzaris,and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
Kendall Anderson gave the invocation followed by the Pledge of Allegiance.
PROCLAMATIONS
City Clerk Howe read the Black History Month proclamation aloud.
PRESENTATIONS
Dennis Westrick presented the DEP 2018 Plant Operations Excellence Award to the City Council and the
City's Water Operations Team.The City of Clermont has won this award for seven consecutive years.
Commanding Officer Gary Schindele presented an overview of the U.S.Naval Sea Cadet Corps,Clermont
Battalion and what they have accomplished over the past year. Clermont's battalion gained 37 cadets in
less than 3 years and performed over 1,000 community service hours. Commanding Officer Schindele
thanked the City's Police Department and Fire Department as well as the City Council for allowing the
program.
Commanding Officer Schindele announced an advancement of officer,Troy Edwards,to Naval Sea Cadet
Ensign. Retired First Class Petty Officer Larry Doug and retired Chief Petty Officer LaSean Biggs
performed the pinning of the new rank.
Mayor Ash stated the program is a marvelous program for the youth.
PUBLIC COMMENTS
Tim Murry,574 E.Desoto Street,President of Christian Men In Action,thanked the Council,City Manager
Gray and City staff for their support of the Martin Luther King,Jr.Day celebration on January 21.
REPORTS
City Manager Gray reported the City Council Workshop is February 19, 2019 at 6:30pm and the
Community Redevelopment Agency Meeting is on February 26,2019 at 6:00pm. The Youth Council will
present their project to the City Council on February 26, 2019. The State of the City Address on January
24, 2019 had over 200 people in attendance. City Manager Gray asked Parks and Recreation Director
Davidoff to talk about the Great Clermont Campout which was a sold out event.
Parks and Recreation Director Davidoff stated the Great Clermont Campout was held on February 23 and
sold out in less than a week. There were 60 families making the attendance at approximately 280
individuals. The Great Clermont Campout is an opportunity for families to enjoy a traditional camp
experience along Waterfront Park. There were camp activities like kayaking and paddle boarding,movies,
midnight soccer,contests,and bonfires.Parks and Recreation Director Davidoff played a video of the 2019
Great Clermont Campout.
Mayor Ash thanked Parks and Recreation Director Davidoff and staff for their work.
City Attorney Mantzaris— No report.
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REGULAR COUNCIL MEETING
February 12,2019
Council Member Bates reported next week is the Lake County Legislative Days with room available for
anyone interested in going.
Council Member Goodgame thanked City Manager Gray for the State of the City. Council Member
Goodgame reported receiving continuous complaints from people regarding Walmart and expressed
concern in regards to the storage of items in the parking lot.
Council Member Travis reported last Friday,she attended Growler's ribbon cutting and reminded the public
on February 23 there will be a ribbon cutting at Hickory Point for the new athletic center.
Council Member Brishke reported on Superbowl Sunday, she led an event at Suncreek Brewery to raise
money for the South Lake Animal League where over$300 was raised.
Mayor Ash reported on January 23,she attended the swearing in ceremony for eight new corporals for the
City's Police Department. The next day, she attended City Manager Gray's State of the City Address. On
January 25,she attended the ground breaking ceremony of the new American Legion Center on Montrose
Street. On January 31,she was at Lost Lake Elementary School for their Reading Across Lost Lake event.
Chief Broadway and other police staff were also at the event.On February 1, she was at Cooper Memorial
Library for the annual student award ceremony of the Daughters of American Revolution. On February 4,
she attended the ribbon cutting for the new offices of State Representative Sabatini on Highway 50. On
February 7, she was at the Clermont Fire Department Station 1 for a visit from Florida's Chief Financial
Officer and Chief Fire Marshall Jimmy Patronis who recognized Fire personnel that assisted with hurricane
damaged cities in the panhandle. On February 8, she attended the ribbon cutting with Council Member
Travis for Growler USA Brewery.
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 approval of the January 8, 2019 and
January 22,2019 Council Meeting minutes.
Item No.2—Surplus Request Consider approval to declare end of life inventory
as surplus from various departments and dispose
of in accordance with the Purchasing Policy.
Item No.3—Plat Approval A re-plat of Harvest Landing lot 52 due to wall
and landscaping tract omitted on this portion of
the original plat.
Item No.4—Plat Approval Consider plat approval for Highland Rach
Esplanade Phase 3.
Item No.5—Plat Approval Consider plat approval for Highland Ranch
Canyons Phase 4.
Item No.6—Special Magistrate Selection Selection for a Special Magistrate replacement.
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February 12, 2019
Item No. 7—Event,Open Container and Signage Consider allowing the Caribbean American
Request Association of Lake County(CAALC)to have an
open container area and signage for their
"Clermont Jerk Festival"event on May 4,2019 at
Waterfront Park.
Item No.8—Event and Road Closure Request Consider Downtown Partnership request to host
weekly Farmer's Market and Merchant Faire with
road closures for 12 months.
Item No. 9—Event,Open Container and Road Consider allowing event, road closures,and open
Closure Request containers for the 790 West Tenants (Suncreek
Brewery, Michael's Ali Coal Fired Pizza and
Savoree)to host a St.Patrick's Day Event on March
16th and 17th.
Item No. 10—Resolution No. 2019-08R Consider allowing the City of Clermont to enter
into an agreement with the Florida Department of
Transportation for use of FDOT Right of Way for
the Western City Limit Sign.
Item No. 11 —Resolution No.2019-08R Consider allowing the City of Clermont to enter
into an agreement with the Florida Department of
Transportation for use of FDOT Right of Way for
the Western City Limit Sign.
Council Member Goodgame moved for approval of the Consent Agenda; seconded by
Council Member Travis.The motion passed with all members present voting aye.
UNFINISHED BUSINESS
Item No. 12—Ordinance No. 2019-10,Final, MSTU
City Clerk Howe read Ordinance No. 2019-10 aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida
adopted pursuant to Section 125.01(I)(q), Florida Statutes (1999), Consenting to the
inclusion of the City of Clermont, Florida, within the county-wide Municipal Service
Taxing Unit for the provision of ambulance and emergency medical services, as adopted
by the Board of County Commissioners of Lake County, Florida;providing for the City to
be included within said Municipal Service Taxing Unit for a specified term of years;
providing for severability,effective date and publication.
City Manager Gray stated in the year 2000, Lake County created the ambulance service for the County.
The proposed Ordinance allows the City to be included in the provided services. Staff recommended
approval.
Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing.
Council Member Goodgame thanked staff for only approving the ambulance services provided by Lake
County for one year.
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City of Clermont
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REGULAR COUNCIL MEETING
February 12,2019
Council Member Goodgame moved to approve Ordinance No. 2019-10; seconded by
Council Member Bates.The motion passed 5 to 0 with a roll call vote.
NEW BUSINESS
Item No. 13—Variance Request,Clermont Brewery
Development Services Director Henschel presented the applicant's variance request for parking
requirements. The applicant previously proposed to install 2 handicap accessible parking stalls on site.
Currently,there are obstacles and grade changes which prevent the proposed two handicap spaces to meet
all ADA requirements.The applicant is proposing to remove the additional parking stall.Per City and State
code, the site is only required to have one handicap parking stall. The applicant has been in contact with
the First United Methodist Church which has a large parking area which will be available for use.Staff has
reviewed the application and recommended approval of the variance request.
David Wallace,applicant,was present.
Mayor Ash opened the Public Hearing.
Jim Hanks,757 W. Montrose Street,expressed concern with reduction of parking.
Mayor Ash closed Public Hearing.
City Manager Gray stated the City has over 1,200 parking spaces downtown and entered into an agreement
with the Dehoya's property on Minneola Avenue to put in over 100 additional spaces.
Council Member Bates asked how many parking spaces total are left. City Manager Gray replied the
applicant is only required to have one handicap parking space and will keep the one handicap space on the
property but will remove the additional space.
Council Member Goodgame moved to approve the Variance Request:seconded by Council
Member Travis.The motion passed with all members present voting aye.
Item No. 14—Resolution No.2019-06R, 7-11 CUP
City Clerk Howe read Resolution No.2019-06R aloud by title only.
A Resolution of the City Council of the City of Clermont,Lake County,Florida,granting
a Conditional Use Permit to allow a convenience store with fuel sales in the C-1 Light
Commercial zoning district.
Senior Planner Kruse presented the applicant's request for a Conditional Use Permit for a renewed request
for a convenience store in the C-1 Light Commercial district. Section 122.204 of the Land Development
Code permits this type of use only through a Conditional Use Permit. The applicant is proposing a 3,000
square foot convenience store which is a 25%reduction from the original proposal. The project will have
right in only access from State Road 50 and East Avenue. No traffic will exit directly onto State Road 50
or East Avenue. There will be two additional full access points on Chestnut Street and Second Street.The
applicant has agreed to no high flow diesel sales at the site and no deliveries between 12:00am and 5:00am.
Directional signage on site will direct traffic to use Second Street as the primary means of egress.Additional
green space and terrace landscaping will be at the corner of State Road 50 and East Avenue.Staff reviewed
the new application and recommended approval of the request.
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REGULAR COUNCIL MEETING
February 12,2019
City Attorney Mantzaris reminded Council they previously heard and denied the applicant's prior request.
The applicant requested relief and sought an alternative dispute process to address the denial. Per Florida
Statutes,a mutually agreed upon Special Magistrate was required to mediate the dispute. The parties were
able to reach an application which staff felt they could recommend to Council. If Council does not agree
with the recommendation,then the matter will return before the Special Magistrate for another hearing.
Attorney Tara Tedrow,215 North Eola Drive,stated the property is one acre. When the request originally
came before Council,there were 25%more fuel stations as well as a different access plan.Attorney Tedrow
highlighted project items which were changed from the previous application. There is an updated traffic
study for the property. No large trucks will be fueling on the site and there is an enhanced terraced
landscaping with added sidewalks.
Muhammad Abdallah,Traffic and Mobility Consultant, 101 Maguire Boulevard,stated the traffic analysis
was updated to show how the new traffic pattern would work. By adding the access points,the conflicts
and previous traffic stacking were taken away. The new access plan was suggested by staff and is a
significant improvement from the previous access plan.
Mayor Ash opened the Public Hearing.
Hal Turville, 150 West Minnehaha Avenue,spoke in opposition to the request.
Andrea Simmons,940 Second Street,spoke in opposition to the request.
Michelle Pines,550 East Avenue,spoke in opposition to the request and expressed concerns for safety.
Greg Amann,550 East Avenue,spoke in opposition to the request.
Charles Anthony,5660 County Road 561,suggested Council take staff's view into consideration.
Jean Tirri,8022 Lake Nellie,property owner,expressed support for the request.
Mr.Abdallah addressed the public comments and reviewed the traffic study.The traffic study was created
using crash statistics for the intersection which were provided by the Clermont Police Department. There
are crossing guards present to ensure the safety of children when crossing the street for school.
Attorney Tedrow stated the applicant wanted the opportunity to work with staff to resolve concerns.After
evaluation of the revised site plan and traffic report, staff has reached a favorable conclusion. Staff found
the revised application has met all of the City Code's criteria.
Mayor Ash closed the Public Hearing.
Council Member Bates inquired if any changes would occur should there be a new owner to any adjacent
property.Attorney Tedrow stated a cross access easement would be granted to allow for permanent access.
Council Member Travis expressed concern about access to Chestnut Street.City Manager Gray stated there
is a church and daycare on the corner of Chestnut Street.
Council Member Bates expressed concern with access from Second Street.
Council Member Goodgame expressed concerns for traffic on Highway 50 and expressed a necessity for a
deceleration lane for an entrance. Attorney Tedrow explained the access plan from Highway 50 is what
Florida Department of Transportation requires which does not allow for a deceleration lane. However, a
deceleration lane has been added to East Avenue. Council Member Goodgame suggested installing a
deceleration lane on Second Street.
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City of Clermont
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REGULAR COUNCIL MEETING
February 12,2019
Council Member Brishke expressed safety concerns with the proposed project. City Manager Gray stated
Highway 50 will be a three lane highway from Bloxam Avenue to 12th Street.The City plans to redo East
Avenue and received a grant to study East Avenue to make it more bicycle and walking friendly.An update
will be provided to Council next Tuesday at a workshop.
Council Member Bates suggested to eliminate the ingress from Highway 50.Jason Bullard,Civil Engineer,
replied the right in on Highway 50 is needed for the fueling trucks to get in.
Council Member Goodgame moved to deny the Conditional Use Permit; seconded by
Council Member Brishke. The motion passed 5 to 0 with a roll call vote.
Mayor Ash expressed concern with the location of the property and traffic for the proposed use.
Item No. 15—Ordinance No.2019-09,Introduction,Fuqua PUD
City Clerk Howe read Ordinance No.2019-09 aloud by title only.
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 descried herein as
shown below;providing for severability,effective date,and publication.
Council Member Bates moved to introduce Ordinance No.2019-09;seconded by Council
Member Goodgame.The motion passed with all members present voting ave.
Item No. 16—Ordinance No.2019-11,Introduction,Andoc Annexation
City Clerk Howe read Ordinance No.2019-11 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.
Council Member Bates moved to introduce Ordinance No.2019-11; seconded by Council
Member Goodgame.The motion passed with all members present voting aye.
Item No. 17—Ordinance No.2019-12,Introduction,Andoc Comprehensive Plan Amendment
City Clerk Howe read Ordinance No.2019-12 aloud by title only.
An Ordinance of the City Council of the City of Clermont,Lake County,Florida,adopting
the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida,
pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II,
Florida Statutes;setting forth the authority for adoption of the Small Scale Comprehensive
Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive
Plan Amendment; providing for the adoption for the Small Scale Comprehensive Plan
Amendment; establishing the legal status of the Small Scale Comprehensive Plan
Amendment;providing a severability clause and providing an effective date.
Council Member Bates moved to introduce Ordinance No. 2019-12;seconded by Council
Member Goodgame. The motion passed with all members present voting aye.
Item No. 18—Ordinance No.2019-13,Introduction,Andoc Rezoning
City Clerk Howe read Ordinance No.2019-13 aloud by title only.
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City of Clermont
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REGULAR COUNCIL MEETING
February 12,2019
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 severability,effective date,and publication.
Council Member Bates moved to introduce Ordinance No.2019-13;seconded by Council
Member Goodgame.The motion passed with all members present voting aye.
•
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 12,2019
ADJOURN: With no further comments,this meeting adjourned at 8:25 pm.
APPROVED:
Gail L. Ash, Mayer
ATTEST:
'
Tracy Ackroyd Howe,City Clerk
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