08-13-2019 Regular Council City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 13,2019
The City Council met in a regular meeting on Tuesday, August 13, 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, Bates and Travis. Other City officials present were City Manager Gray, City
Attorney Mantzaris,and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was taken followed by the Pledge of Allegiance.
PROCLAMATION
City Clerk Howe read the Edwin "Ray" Goodgame Day proclamation aloud. Mayor Ash presented the
proclamation to Judy Goodgame.
City Manager Gray presented an honorary plaque to Judy Goodgame in honor of Ray Goodgame's years
of service on the Council.
PRESENTATION
Peter Sechler presented the ASLA Award to the City of Clermont for Victory Pointe Park. Victory Pointe
Park is an example of sustainable design in the landscape. This project has been looked at by the broad
community of landscape architects in Florida to understand how it came to be and how it works.
Mayor Ash stated Victory Pointe Park has been a staff project.
PUBLIC COMMENTS
Tim Murry, 574 E. Desoto Street, commended Environmental Services staff for going above and beyond
in their work and requested for the Code Enforcement Board to be reinstated.
Dominick Villanueva, 1626 4th Street, inquired about the influx of homeless in Clermont and the
surrounding areas.
Mayor Ash stated she has been a part of the Homeless Task Force for the last five years and the matter is
being addressed as a City.Recently,there have been meetings at the county level to work on the issue with
the surrounding cities. Lake County is planning an emergency center for the homeless to shower and sleep
for a limited time. Homelessness is an issue that all of the surrounding cities are trying to address.
REPORTS
City Manager Gray reported the Youth Council is going to the Florida League of Cities conference on
Saturday.There will not be a Council Workshop on August 20.City Manager Gray requested a moratorium
on apartments be placed in order to allow time for the Council and staff to look at the City's Land
Development Code and discuss the matter at a future workshop.
Mayor Ash expressed concern regarding the costs of apartments.City Manager Gray suggested Council to
discuss the affordable housing aspect of apartments during the workshop. An ordinance can be drafted
based on the community's and Council's input.
Council Member Bates moved to give staff direction to bring back the suggestion of the
recommendation of the City Manager to address the City's Land Development Code for
revision of the City's ordinances related to apartments., seconded by Council Member
Travis.The motion passed with all members present voting aye.
City Manager Gray stated Consent Agenda Item No.4 is being pulled from the agenda by staff to return at
a later date.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 13,2019
City Manager Gray requested item 10 be tabled to September 10,2019 and items 12, 13, 14, 19,and 20 be
tabled to August 27,2019.
Item No. 10—Resolution No.2019-1411, Take 5 Quick Lube
City Clerk Howe read Resolution No. 2019-14R 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 for an automotive and oil change service center with
three service bays in the C-2 General Commercial Zoning district.
Council Member Bates moved to table to Resolution No. 2019-14R to September 10;
seconded by Council Member Travis. The motion passed with all members present voting
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Item No. 12—Ordinance No.2019-14,Final, Wise Annexation
City Clerk Howe read Ordinance No.2019-14 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 table Ordinance No.2019-14 to August 27;seconded by
Council Member Brishke.The motion passed with all members present voting aye.
Item No. 13—Ordinance No.2019-15,Final, Wise Large-Scale Comprehensive Plan Amendment
City Clerk Howe read Ordinance No.2019-15 aloud by title only.
An Ordinance of the City Council of the City of Clermont,Lake County,Florida,adopting
the Large 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 Large Scale Comprehensive
Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive
Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan
Amendment; establishing the legal status of the Large Scale Comprehensive Plan
Amendment;providing a severability clause and providing an effective date.
Council Member Bates moved to table Ordinance No.2019-15 to August 27;seconded by
Council Member Brishke. The motion passed with all members present voting aye.
Item No. 14—Ordinance No.2019-16,Final, Wise PUD Rezoning
City Clerk Howe read Ordinance No.2019-16 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,recording,and publication.
Council Member Bates moved to table Ordinance No.2019-16 to August 27;seconded by
Council Member Brishke.The motion passed with all members present voting aye.
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City of Clermont
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REGULAR COUNCIL MEETING
August 13,2019
Item No. 19—Ordinance No.2019-29, Transmittal, Hartwood Properties CPA
City Clerk Howe read Ordinance No.2019-29 aloud by title only.
An Ordinance of the City Council of the City of Clermont,Lake County,Florida,adopting
the Large 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 Large Scale Comprehensive
Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive
Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan
Amendment; establishing the legal status of the Large Scale Comprehensive Plan
Amendment;providing a severability clause and providing an effective date.
Council Member Bates moved to table Ordinance No.2019-29 to August 27;seconded by
Council Member Brishke.The motion passed with all members present voting aye.
Item No.20—Ordinance No.2019-32,Transmittal, Bradshaw North CPA
City Clerk Howe read Ordinance No.2019-32 aloud by title only.
An Ordinance of the City Council of the City of Clermont,Lake County,Florida,adopting
the Large 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 Large Scale Comprehensive
Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive
Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan
Amendment; establishing the legal status of the Large Scale Comprehensive Plan
Amendment;providing a severability clause and providing an effective date.
Council Member Bates moved to table Ordinance No.2019-32 to August 27;seconded by
Council Member Brishke.The motion passed with all members present voting aye.
City Attorney Mantzaris— No report.
Council Member Bates—No report.
Council Member Brishke—No report.
Council Member Travis reported being at Mission Inn to support the Chief when dancing for the education
foundation.
Mayor Ash reported she attended former Council Member Goodgame's funeral service on Saturday and
commended staff for their assistance with the matter.
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 July 23, 2019 Council
Meeting minutes.
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City of Clermont
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REGULAR COUNCIL MEETING
August 13,2019
Item No.2—Surplus Request Consider declaring end of life inventory as
surplus from the departments of: Purchasing,
Parks& Recreation and Police,and dispose of in
accordance with the Purchasing Policy.
Item No.3—Bid Award Consider award to Traverse Group, Inc. to
provide Streetscape Phase 1 improvements to
Osceola Street and West Avenue in the lump sum
budgeted amount of$3,997,913.13.
Item No.4—Bid Award Consider award to Providence Construction &
Development Co., to provide East side water
reclamation facility ribs rerate expansion in the
lump sum budgeted amount of$1,289,00.
Item No.5—Contract Award Consider award to Powell Studio Architecture,
LLC;CPH,Inc.;The Lunz Group,Inc.for on-call
architectural services.
Item No.6—Field of Interest Fund Agreement Consider agreement with the Community
Foundation of South Lake to collect funds related
to the sale of plaques and bricks for the Artwalk
Project.
Item No.7—Interlocal Agreement Consider agreement with the City of Minneola
providing wholesale wastewater treatment for up
to 30,000 gallons per day.
Item No.8—Joint Parking Use Agreement and Consider an agreement and easement adjacent to
Sidewalk Easement the proposed Artwalk Project.
Item No.9—Easement Consider easement to allow service from Duke
Energy to the boat ramp, restrooms and lighting
located at 5 2nd Street.
Council Member Bates moved to approve Consent Agenda Items No. 1 —3,5—9;seconded
by Council Member Brishke.The motion passed with all members present voting aye.
UNFINISHED BUSINESS
Item No. 11—Resolution No.2019-17R,Blessed Sacrament Catholic Church, Withdrawn
Item No. 15—Variance Request, 1230 Ryan Street
Planning Manager Kruse presented the applicant's variance request to the Land Development Code to allow
a detached 550 square foot metal storage/garage be located in the 25 feet front yard setback.The applicant
has indicated the detached metal building will be used for car storage. The visual aspect of the metal
building is not in character with other storage structures.Staff has reviewed the applicant and recommended
denial of the variance request.
Brittenie Sapp,6060 Poyner Road, Polk City, FL spoke on behalf of the applicant.
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City of Clermont
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REGULAR COUNCIL MEETING
August 13,2019
Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing.
Council Member Bates expressed concern for other residents. Council Member Brishke and Council
Member Travis agreed with Council Member Bates' concerns.
Council Member Bates moved to deny the variance request;seconded by Council Member
Brishke.The motion passed with all members present voting aye.
Item No. 16—Variance Request,Goodman Commerce Center
Development Services Director Henschel presented the applicant's variance request to reduce the required
tree mitigation replacement for tree removal and to allow for 3-inch caliper replacement trees instead of the
required 6-inch caliper trees. The applicant submitted a tree inventory report that indicated the total tree
replacement required was 1,941 inches but the applicant is only able to provide a total of 342 inches of
replacement trees on the site. The total inches of trees that cannot be replanted on site is 1599 inches of
caliper trees.The total replacement mitigation cost of the trees is$168,860 which includes the costs of the
trees, the transportation, installation and the one-year warranty. The applicant is seeking relief from this
requirement and is requesting a variance to allow an 86 percent fee reduction. Staff recommended denial
of the variance request.
Gregg Toepp with McDonald Ventures XXXVIII, LLC,applicant, 1540 International Parkway,Lake
Mary,FL requested an 86 percent reduction of the required trees.The property is heavily wooded but the
majority of the trees were either dead,dying,or in decline.The applicant is planting an additional 105
ornamental trees which is not required by code.The current landscape plan for the subject property
currently exceeds the City of Clermont's landscaping code.
Mayor Ash opened the Public Hearing.
Charlene Forth,939 W. Desoto Street,expressed opposition to the request.
Jim Purvis,4206 Hammersmith Drive,expressed opposition to the request.
Mayor Ash closed the Public Hearing.
Council Member Bates inquired about the progress of the project. Development Services Director
Henschel stated the shell of the proposed building is up.
Council Member Bates expressed concern for the delay in the variance request.
Council Member Travis expressed opposition to allowing a fee reduction.
Council Member Travis moved to deny the variance request;seconded by Council
Member Brishke.The motion passed with all members present voting aye.
NEW BUSINESS
Item No. 17—Variance Request,229 Brookdale Loop
Planning Manager Kruse presented applicant's request for a variance to the Land Development Code to
allow a rear yard setback of 17 feet instead of the required 25 feet. The variance would allow for
construction of a solid roof patio on the rear of the home.The proposed screen room would be 17 feet from
the rear property line. The existing concrete slab would not be expanded. The proposed structure is very
similar to the existing structures that have been built in the community. Staff has reviewed the application
and recommended approval of the variance request.
Jennifer Severs,owner of the property, requested for approval of their variance request.
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City of Clermont
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REGULAR COUNCIL MEETING
August 13,2019
Mayor Ash opened the Public Hearing. There were no comments.Mayor Ash closed the Public Hearings.
Council Member Bates moved to approve the variance request; seconded by Council
Member Travis.The motion passed with all members present voting aye.
Item No. 18—Utility Agreement,Oak Properties LLC—CarMax Dealership
Development Services Director Henschel presented the applicant's request for water and sewer services for
a new automotive dealership. The proposed dealership has received approval from Lake County. The
agreement is for commercial utility flow with a demand for water and sewer at 4,800 gallons per day. Staff
has added a requirement for the site to be developed according to the City's standards within the agreement.
City Manager Gray stated the agreement allows for the City to require the property to be annexed in to the
City's limits.
Jimmy Crawford, attorney for the applicant, 702 W. Montrose Street, requested approval of the utility
agreement.
Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing.
Council Member Travis inquired about the requirement for the item to be on the agenda. City Attorney
Mantzaris stated the property is out of the City's limits which requires for the applicant to acquire Council's
approval for water and sewer services.They have legal entitlements which were granted by the County and
the Council must consent to authorize water and sewer. The property is within the City's 180 service area
which is the designated utility service area for the City.As the operator of the utility services,the City has
an obligation to serve the area.
Council Member Brishke expressed opposition to another car dealership.
Council Member Bates moved to approve the Utility Agreement; seconded by Council
Member Travis.The motion passed with all members present voting aye.
Item No.21—Council Member Appointment
City Attorney Mantzaris stated the City Charter dictates when there is a vacant seat on the City Council
within six months of a general election, the City Council shall appoint a qualified member to fill the
vacancy.A qualified member means a current registered voter who lives within the city limits of Clermont.
The Council can appoint someone tonight or give staff direction to obtain qualified candidates and return
to the Council for their final decision.The General Election is in November.
Mayor Ash expressed concern for postponed items.
Council Member Bates expressed support for appointing someone with experience and someone who is not
currently running for office.
City Manager Gray stated Keith Mullins, Michelle Pines, Tony Hubbard, Libby Hanna, Carlos Solis and
Tim Murry has contacted him with interest in serving.
Council Member Brishke expressed agreement with Council Member Bates and suggested appointing Keith
Mullins to fill the seat until November due to his prior experience serving as a Council Member.
Council Member Brishke moved to appoint Keith Mullins for the duration of the unexpired
term of Seat 2; seconded by Council Member Bates.
Mayor Ash opened the Public Hearing.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 13,2019
Chris Walker expressed opposition to requiring prior experience.
Paula Hoyzington,564 E.Desoto Street,inquired about the process to notify the residents of the opportunity
to be appointed to Council when a vacancy becomes available.
Charlene Forth, 939 W. Desoto Street, requested for all of the applicants to be allowed to speak and
expressed support for Tim Murry.
Council Member Travis expressed support for hearing from people interested in filling the vacancy.
Tim Murry,574 E. Desoto Street,nominated Paula Hoyzington to fill the vacancy.
Keith Mullins,640 Drew Avenue,stated he was sad to hear of former Council Member Goodgame's passing
and expressed support for serving on the Council for the duration of the unexpired term.
Tony Hubbard, 1910 Brantley Circle, requested to pull his name from the list of interested individuals as
he currently serves on the Planning and Zoning Commission.
Libby Hanna, 1251 Fran Mar Court,thanked the public for the nomination and expressed interest in filling
the current vacancy on the Council.
Michelle Pines, 550 East Avenue,expressed interest in filling the current vacancy on the Council.
Ms. Hoyzington expressed interest in filling the current vacancy on the Council.
City Manager Gray stated both Jim Purvis and Ebo Entsuah have offered themselves to fill the vacancy
however they are both running for election.
Council Member Travis encouraged all interested individuals to run in next year's election where there will
be three seats up for election.
Mayor Ash stated the biggest motivation with making the decision for appointment is the lack of time over
the next three months. There will be at least five Council Meetings plus two Budget Hearings. The
appointed individual will need to know what questions to ask at these meetings.
Council Member Bates expressed agreement with public comments but expressed concerns with the current
time frame.
The motion passed with all members present voting ave.
Mayor Ash thanked Mr. Mullins for his willingness to fill the vacancy.
Council Member Travis thanked everyone who came up to speak and encouraged them to run for office
next year.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 13,2019
ADJOURN: With no further comments,this meeting adjourned at 7:53pm.
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Tracy Ackroyd Howe,City Clerk