02-26-2019 Regular Council City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
The City Council met in a regular meeting on Tuesday, February 26, 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
Choice Edwards gave the invocation followed by the Pledge of Allegiance.
PRESENTATIONS
Youth Council
City Clerk Howe provided an overview of the Youth Council's first year and introduced the two Youth
Council presenters,Emma Gaskins and Aaron Curlee.
Ms.Gaskins presented the Youth Council's proposed project to help the veterans and working homeless by
allowing tiny homes in Clermont. Ms. Gaskins reviewed the proposed project,the criteria for Workforce
Housing,and proposed restrictions on the tiny home development.
Mr.Curlee reviewed the proposed structure type of the tiny homes,the site design,sidewalk requirements,
landscaping requirements,property management,streets,signage as well as proposed sites within the City
of Clermont for developers. Other cities to include Ocala, Orlando, Oviedo, St. Pete, Rockledge and
Wildwood have approved tiny homes within their cities.In conclusion,the Youth Council is requesting the
City Council to approve a Land Development Code change to allow for Workforce Housing.
Mayor Ash thanked the Youth Council for their time and effort.
City Manager Gray commended the Youth Council for their work. Staff would like to move forward with
the necessary research and return the proposed matter to the Council for discussion at a future workshop.
City Manager Gray thanked City Clerk Howe for her efforts and work with the Youth Council.The Youth
Council will be attending the Florida League of Cities Legislative Action Days next month in Tallahassee.
Mayor Ash expressed a desire to make the Youth Council's proposed solution a reality.Workforce Housing
is a definite need in Florida.
PUBLIC COMMENTS
There were no comments from the public.
REPORTS
City Manager Gray reported a public meeting will be held this Thursday at 6:00pm to discuss Phase 2 of
the Master Plan. Phase 1 will start construction next month and he would like to proceed with designing
Phase 2. As a result, Phase 2 designs will be discussed at the upcoming public hearing after which the
designs will be brought to the City Council. Last week, he was in Tallahassee for the Lake County
Legislative Days with Council Member Brishke, Council Member Travis, and Economic Development
Director Schmidt. The Citizens Academy starts next Thursday, March 7, 2019 and requested for Council
Members to notify him if they are interested in attending one of the meetings. Pig on the Pond is coming
up next month from March 8 to March 10. At the last Council Meeting,the St. Patrick's Day event which
was approved for Sunday,March 17,2019 had an error with the ending time.The ending time presented to
Council was 6:00pm but the applicant would like for the ending time to be 10:00pm.Staff does not find an
issue with the later time but would like for Council to approve by a motion for the event end time to extend
to 10:00pm on Sunday,March 17,2019.
1
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
Council Member Goodgame moved to extend the event to 10:00pm on Sunday:seconded
by Council Member Bates.The motion passed with all members present voting aye.
City Manager Gray introduced Nick Gonzalez who is interning with the City Manager's office.
City Attorney Mantzaris reported receiving an order ruling regarding the charter school on Steve's Road.
The neighbors petitioned the Court to review Council's decision. The Court agreed with the petitioners
issuing in its ruling that the petitioner had not received due process due to not receiving adequate and due
notice and the decision made by the Council was not supported by competent substantial evidence. The
first issue is troubling due to the Court having possibly applied the wrong law to the application of the
notice provision.The Court applied a statute provision related to zoning changes. In this case,the property
was not rezoned. When a party to a litigation believes the Court applied the wrong law,the party needs to
submit a response in the litigation within 15 days.As a result,consensus is needed from Council to proceed
with the City's response.
Mayor Ash inquired if there were any objections from the Council Members.No objections were given by
the Council Members. Mayor Ash gave City Attorney Mantzaris direction to respond to the Court's order.
Council Member Bates reported the Florida League of Cities is looking for applications regarding
community projects done by local Youth Council's. Council Member Bates inquired about the Charter
Review Committee.
City Manager Gray stated the Charter Review Committee has met twice so far. The Committee Members
would like to set up an evening meeting to invite the public for their input. The public meeting will take
place on April 16,2019. The Charter Review Committee will bring their recommendation to the Council
in May or the first meeting in June.
Council Member Goodgame reported attending the Beta Theta-Clermont event held at the Arts and
Recreational Center on Saturday, February 26, 2019. The development Hills of Clermont is having
community meetings on March 6 and March 7 to discuss what is happening around the development.
Council Member Brishke reported being in Tallahassee for two days with City Manager Gray, Council
Member Travis,and Economic Development Director Schmidt.
Council Member Travis reported being in Tallahassee for two days with City Manager Gray, Council
Member Brishke,and Economic Development Director Schmidt.
Mayor Ash reported attending the Charlie Grinker show at the Arts and Recreation Center on February 14.
On February 16, she attended Coffee with the Mayor at Crawford, Modica& Holt. On February 19, she
attended a meeting with City Manager Gray and Congressman Spano to discuss transportation.Yesterday,
she attended the Lake Apopka Natural Gas Board meeting.
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 February 12, 2019
Council Meeting minutes.
Item No. 2—Surplus Request Consider approval to declare end of life inventory
as surplus from the Public Works Department and
dispose of in accordance with the Purchasing
Policy.
2
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
Item No.3—Piggyback Purchase and Budget Consider request to piggyback the Florida
Amendment Sheriffs Association number FSA18-VEH16.0
contract with Container Systems & Equipment
Company, Inc. to purchase a replacement solid
waste truck and a budget amendment in the amount
of$265,458.
Item No.4—Contract Award Consider request to piggyback the Lake County
B.C.C. contract with WC Fire Safety, Inc. to
provide portable and fixed fire extinguisher
inspections services in the estimated annual budget
amount of$50,000.
Item No. 5—Resolution No. 2019-09R Consider agreement for Use of License,
Improvements, Maintenance and Cost Sharing for
the Art Walk, a public-private project between the
City of Clermont and The Art District,LLC.
Item No. 6—Mitigation Purchase Agreement Consider approval of agreement with Hammock
Lake Mitigation Bank,LLC in the budgeted amount
of $37,800 for the Clermont Boat Ramp at Bell
Ceramics.
City Attorney Mantzaris stated the exhibits for Consent Agenda Item 5 were not in the packets and provided
to the Council before the meeting.
Council Member Goodgame moved to approve the Consent Agenda;seconded by Council
Member Bates.The motion passed with all members present voting aye.
UNFINISHED BUSINESS
The following items were presented together and voted on separately.
Item No.7—Ordinance No.2019-11,Final,Andoc Annexation
Deputy City Clerk Zinker 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.
Item No.8—Ordinance No.2019-12,Final,Andoc Comprehensive Plan Amendment
Deputy City Clerk Zinker 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.
3
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
Item No. 9—Ordinance No.2019-13,Final,Andoc Rezoning
Deputy City Clerk Zinker read Ordinance No.2019-13 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 described herein
as shown below;providing for severability,effective date,and publication.
Development Services Director Henschel presented the City's request for annexation of the subject parcel
as authorized by the Utility Agreement with the property owner. The Utility Agreement allowed for the
City to act as the applicant and request annexation when the City was ready to annex the property into the
City boundaries. The Comprehensive Plan Amendment would change the Future Land Use from Lake
County's Regional Commercial to the City's Industrial. The land use change is consistent with the
surrounding properties. The rezoning request is to change from the County's MP Industrial to the City's
M-1 Industrial. The property is being developed as a Veterinary Clinic. Staff recommends approval of
Ordinance 2019-11, Ordinance 2019-12,and Ordinance 2019-13.
Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing.
Council Member Bates moved to approve Ordinance 2019-11; seconded by Council
Member Travis.The motion passed 5 to 0 on a roll call vote.
Council Member Bates moved to approve Ordinance 2019-12; seconded by Council
Member Brishke.The motion passed 5 to 0 on a roll call vote.
Council Member Bates moved to approve Ordinance 2019-13; seconded by Council
Member Brishke.The motion passed 5 to 0 on a roll call vote.
NEW BUSINESS
The following items were presented together and voted on separately.
Item No. 10—Resolution No.2019-1OR,South Lake Medical Arts, Pad 0
City Clerk Howe read Resolution No.2019-IOR aloud by title only.
A Resolution of the City Council of the City of Clermont,Lake County, Florida,granting
an amendment to a Conditional Use Permit (Resolution No. 2016-42) to allow for an
increase of total square feet for the professional office space.
Item No. 11—Variance Request,South Lake Medical Arts Pad 0
Development Services Director Henschel presented applicant's request to amend their Conditional Use
Permit to increase their professional office total square footage.The property is approximately 12 acres in
size and zoned R-3 Residential/Professional. The request is to increase the professional office square
footage from 50,300 to 53,000. The applicant would like to construct a 5,000 square foot building on Pad
O which is the final building pad for the property.In 2006,a Conditional Use Permit was approved to allow
116,000 square foot office complex with a parking structure. In 2016, the Conditional Use Permit was
amended to allow for 144 multifamily units and a maximum of 50,300 professional office space square
footage. The applicant is also requesting a variance to the parking requirements to be allowed a deficit of
11 parking spaces. The applicant would like to add two additional proposed conditions in the Conditional
Use Permit of a requirement to provide 22 clearly marked spaces to the Health Department as well as a
requirement for the applicant to reconfigure the parking located directly in front of the Health Department.
4
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
Staff recommended denial of the Conditional Use Permit. Staff recommended denial of the variance
request.
Attorney Crawford, representative of Bells & Capital Fund, LLC, stated an error was made by the
Architectural Review Committee,the builder of each individual pad, and the City. Every single building
on the property was built to the inside dimensions allowed resulting in the other buildings being over built
by the City's calculation of square footage.As a result,the parking in total for the entire center is 11 spaces,
or 2 percent,short of the requirement.The County sent an e-mail stating there is a problem with parking in
front of the Health Department.The County's problem with parking is caused by the ongoing construction
at the moment.The applicant worked with the County and agreed to provide 11 spaces in front of the Health
Department. There is a parking deficiency for the overall center, but not a parking deficiency for Pad O.
The applicant will also be providing two handicapped spaces.
Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing.
Council Member Bates inquired about assigned square footage. Attorney Crawford stated there is an
assigned square footage for both the overall center and with each individual pad site. City Manager Gray
clarified staff goes by the Conditional Use Permit which has the overall square footage for the center.
Development Services Director Henschel stated the designs submitted are conceptual plans which allows
for the applicants to deviate slightly from what is submitted to the City.
Council Member Bates expressed concern with parking. Attorney Crawford replied there is an overall
shortage for the center,but parking for Pad 0 itself is being met by the applicant.The other buildings in the
center went over their square footage causing the need for more parking spaces for their buildings.
Council Member Goodgame expressed concern for handicap parking. Attorney Crawford replied the
applicant is providing for two handicap spaces which is more than what is required.
Council Member Brishke inquired about parking enforcement. Attorney Crawford stated the center does
not tow but will post signs in front of the spaces indicating which are reserved.
Mayor Ash expressed concern with parking spaces. City Manager Gray replied the City has stringent
parking requirements with the code requiring a certain number of spaces per square footage.
Attorney Crawford requested for the Resolution and variance request to be tabled to March 26,2019.
Council Member Goodgame moved to table agenda items 10 and 11 to March 26:seconded
by Council Member Bates.The motion passed with all members present voting aye.
Item No. 12—Variance Request,Clermont Ridge Senior Villas
Planning Manager Kruse presented applicant's request for three variances. The applicant is seeking to
reduce the required tree replacement fee for tree removal,to allow for three-inch caliper replacement trees,
and to allow for a reduction in the number of parking spaces. The applicant is asking for relief from the
required tree replacement fee in the amount of 50 percent of the required fee.The proposed parking ratio is
1.3 spaces per unit. The justification for the reduction in parking is senior adults only have one vehicle or
often rely on relatives for transportation. Staff recommended approval of the variances.
Steve Smith, 1323 Briar haven Drive,stated the Council previously approved housing for seniors.Funding
was received by the State who recommended reducing the amount of parking.
Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing.
5
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
Council Member Goodgame inquired about parking. Mr. Smith replied there is a parking space for each
unit as well as an additional 30 spaces.
Council Member Bates moved to approve the variance request; seconded by Council
Member Goodgame.The motion passed with all members present voting aye.
6
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 26,2019
ADJOURN: With no further comments.this meeting adjourned at 7:51pm.
APPROVED:
,i
- '
Gail L. Ash,Mayor
ATTEST:
/
/10 V
Tracy Ackroyd Howe,City Clerk