Minutes - 07.14.2020 - City Council MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
The City Council met in a regular meeting on Tuesday, July 14, 2020 in the Clermont City Center. Mayor
Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members
Brishke, Travis, Bates, and Purvis. Other City officials present were Assistant City Manager Dauderis, City
Attorney Mantzaris, and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was said followed by a Moment of Silence.
Mayor Ash gave a Covid-l9 update and the city's response. She informed the public that City Hall is open
to a limited capacity and City meetings are continuing to be held at the Clermont City Center. She stated
that the meeting tonight was being live streamed on the City's YouTube. There are approximately 700
cases in the Clermont area. She stated that in regards to a facemask mandate, the City of Clermont would
follow the lead of Lake County. However, the City is continuing to promote the use of facemasks on a
voluntary basis.
Assistant City Manager Dauderis provided an update on changes to the agenda. She asked that Agenda Item
No. 8 be tabled to July 28; the council tabled the item.
Assistant City Manager Dauderis asked that Agenda Items No. 10 and 11 be tabled until the meeting on
August 25, 2020; after City Clerk Howe read the legal titles into the record, the items were tabled until
August 25.
Assistant City Manager Dauderis also asked that Agenda Items No. 13 and 14 be tabled until the meeting
on July 28, 2020; after City Clerk Howe read the resolution legal title into the record, the items were tabled
until July 28.
PUBLIC COMMENTS
Mike Long. Southern Style BBQ — Seeking a special use permit for a food trailer due to Covid-19
decreasing sales. City Attorney Mantzaris suggested that Mr. Long get with Development Services staff to
fill out the proper paperwork.
Sue Cordova. 2768 Kingston Ridge Drive — Inquired about the order of meetings. Affirmed her belief that
items had to go to the Planning & Zoning Board before coming to City Council for introduction and
adoption. City Attorney Mantzaris responded the City Code does not define the process for the order of
which meetings must go to before final hearing. He clarified that the process dictates that the Planning and
Zoning Board must hear an item before final adoption, but it does not have to be before the first
reading/introduction. Ms. Cordova asserted that the City adopted Robert's Rules of Order, which requires
it go to the Planning and Zoning Board first. Attorney Mantzaris corrected Ms. Cordova and stated that
Robert's Rules of Order does not require an application go to the Planning and Zoning Board before coming
to Council for first reading.
Mayor Ash stated that their might be some confusion because the Council does not vote on an ordinance at
first reading; they set the date for the public hearing.
Paula Hoisington. 564 E. Desoto Street — She spoke to Council last month on speed on Pitt Street and
Desoto Street. They are continuing to have a problem with their mailbox getting knocked down by speeding
traffic. She is concerned about the dangers of the situation. She also spoke about the areas around the
Lincoln Park/Pine Crest neighborhood where she feels that streetscapes are not being maintained. She told
the City Council that they need to pay attention to all areas of Clermont.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
Sarni Yacjevdic. 4480 Powder Horn Place Drive — Wished to speak about Assisted Living Facility. Attorney
Mantzaris informed the Council that it is inappropriate to hear the comment at this time. He informed Ms.
Yachevidc that she would need to wait for the public hearing.
Kim Grogan. 1030 W. Lakeshore Drive — Thanked Council and staff for supporting their event on July 4.
REPORTS
CITY MANAGER REPORT
Assistant City Manager Dauderis reported the budget workshops will be July 21 and 22 at 6:30pm at the
Clermont City Center.
CITY ATTORNEY REPORT - No report.
CITY COUNCIL REPORT
Council Member Bates — No report.
Council Member Purvis —
• Speeding in the City has become visible in the middle of the day. He asked the Mayor to discuss
with the City Manager on ways to implement an immediate speed measure in the City to reduce
speeding.
Council Member Brishke — No report.
Council Member Travis —
Attended meeting for the Tourism Development Council (TDC). Informed the Council that hotels
are up to 37% occupancy that is an improvement.
The TDC is not providing any capital assets right now since funding is down.
TDC marketing is up 250%.
Mayor Ash - No report.
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 — Minutes Approval
Item No. 2 — Surplus Request
Item No. 3 — Piggy Back Contract
Consider minutes of June 16, 2020 City Council
Workshop and June 23, 2020 City Council Meeting
Consider declaring end of life inventory as surplus
from Environmental Services, Building Services,
Information Technology and the Police Department
and dispose of in accordance with the Purchasing
Policy.
Consider City of Port Orange contract piggyback
with Danus Utilities, Inc. to provide rehabilitation
of sanitary sewer manholes in the anticipated
budgeted contract value of $100,000.
City of Clermont
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REGULAR COUNCIL MEETING
JULY 14, 2020
Item No. 4 — Bid Award
Item No. 5 — Professional Consultant Service
Agreement Amendment
Item No. 6 — Interlocal Agreement
Item No. 7 — Resolution No. 2020-37R
Consider award to Northeast 11, Inc. d/b/a TC
Delivers to provide utility bill mailing and printing
services in the estimated annual budget amount of
$140,000.
Consider first amendment of agreement with Kinz
Consulting, LLC in the budgeted amount of
$45,000.
Consider agreement with Lake County for Traffic
Sign Maintenance and Emergency Repairs for
regulatory sign maintenance in the estimated annual
budgeted amount of $24,000.
Consider resolution amending the FY 2020 budget.
MOTION TO APPROVE the Consent Agenda of JuIV 14, 2020 made by Council Member Bates.
Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye.
UNFINISHED BUSINESS
Item No. 8 — Variance Request — TABLE TO JULY28 — Mirror Lake Subdivision
This item was heard out of order and was considered during opening comments by the Mayor and
Assistant City Manager immediately after the pledge of allegiance.
MOTION TO TABLE the hearing of the variance request for the Mirror Lake Subdivision until
July 28.2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed
unanimous!y with all members gresent voicing aye.
Item No. 9 — Ordinance No. 2020-15 — FINAL — Elyksian Hotel
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.
City Clerk Howe read the legal title into the record.
Council Member Travis disclosed a financial interest conflict and stated that she would not be
participating in the discussion or voting.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
City Planner John Kruse gave a brief presentation regarding the history of the project thus far and
restating highlights of prior discussions. He stated that after the last meeting when the Council
requested that the applicant decrease the height of the project, they submitted a new plan showing
a 5ft decrease in the overall height of the building. This concluded the staff presentation.
Alex Stringfellow. 2735 Woodside Ave, Winter Park. — Applicant Representative. Mr.
Stringfellow thanked the Council for prior discussion and heard that they believe a hotel is needed
in the downtown. He stated they have the support of the business community. He highlighted
changes that they made to the original concept. He stated that they removed an entire floor from
the building, which required them to slightly widen the proposed site plan. This resulted in an
overall reduction from 80ft to 75ft. The front of the building is 66ft in height.
Mayor Ash opened the floor for comments from the public.
Keith Mullins. 640 Drew Avenue, Clermont. - Local business owner downtown. Supports the
hotel.
Wayne Wolf, 11606 Osprey Pointe Blvd., Clermont — Believes it will be good for business.
Supports the project.
Kim Grogan, 1030 W. Lakeshore Drive, Clermont. - Supports the hotel.
Dani Page, Tuscany Ridge. - Expressed concern with the downtown parking situation, especially
with a second hotel, soon to be proposed, for the downtown area.
Donald Tindle. 108 Nautica Mile Drive, Clermont - Supports the hotel.
Gary (Unknown). Lake Senior Games. - Supports the hotel.
Charlene Forth, 939 W. Desoto Street, Clermont. - Expressed concern with the height.
Joe Gustafson, 3699 Corsica Lane, Clermont. - Supports the hotel. Stated he supported the hotel
in its original format, not the revised one before them this evening. He talked about reasons why
the height restrictions were put in place and why they are obsolete today.
Cecelia Bonifay, Akerman Law Firm. — Applicant Representative. Encouraged support for the
project. She stated that this is an exciting and dynamic project for the city and the applicant has
made the changes necessary. Clarified that the applicant is moving forward with the revised
application.
Seeing no further comments, Mayor Ash closed the public hearing.
Council Member Bates inquired about the parking.
Mr. Stringfellow stated that they have an agreement, which is permitted by code. They have a lease
in place with the abutting funeral home with fifty (50) additional parking spaces, which is
executed, and in place; they are adding an additional twenty-four (24) parking stalls downtown.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
Council Member Bates asked if there was a term on the lease. Mr. Stringfellow responded that the
lease is not in perpetuity and can be cancelled, but there is no specific sunset.
Council Member Purvis agreed with the parking concerns. He is concerned that a hotel is a labor-
intensive industry with staff, but staff parking is not provided for. He feels that the City may want
to revisit the parking code and height restrictions in the central business district.
Council Member Brishke asked what the height of the front fagade is. Mr. Stringfellow stated it is
about 66ft. She stated she supports the project, but has concerns about parking.
MOTION TO APPROVE and adovt Ordinance No. 2020-15 as amended by the applicant made
b_v Council Member Purvis. Seconded by Council Member Brishke. Passed on roll call vote 3-1-1
with Council Member Bates opposing and Council Member Travis abstaining.
Item No. 10 — Ordinance No. 2020-16 — FINAL — Hartwood Marsh Assisted Living Facility CPA
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 OF 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.
This item was heard out of order and was considered during opening comments by the Mayor and
Assistant City Manager immediately after the pledge of allegiance.
MOTION TO TABLE consideration of Ordinance No. 2020-16 until August 25. 2020 made b
Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all
members present voicing aye.
Item No. 11— Ordinance No. 2020-17 — FINAL — Hartwood Marsh Assisted Living Facility Rezoning
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
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE,
RECORDING, AND PUBLICATION.
This item was heard out of order and was considered during opening comments by the Mayor and
Assistant City Manager immediately after the pledge of allegiance.
MOTION TO TABLE consideration of Ordinance No. 2020-17 until August 25, 2020 made by
Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all
members present voicing ave.
Item No. 12 — Ordinance No. 2020-25 — FINAL — Medical Marijuana Dispensary
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, RELATED TO MEDICAL MARIJUANA DISPENSARIES AND,
AMENDING CHAPTER 18 `BUSINESSES", ARTICLE III, "MEDICAL
MARIJUANA DISPENSARIES AND CANNABIS FARMS", SECTIONS 18-85,
"PURPOSE AND DEFINITIONS", 18-86 "MEDICAL MARIJUANA
DISPENSARIES AND CANNABIS FARMS PROHIBITED" AND 18-88
"EFFECT OF ANNEXATION" DELETING AND REPEALING THE
PROHIBITION ON MEDICAL MARIJUANA DISPENSARIES; AMENDING
CHAPTER 82 "GENERAL PROVISIONS", SECTION 82-12 "LAND USE
DEFINITIONS" TO ADD A DEFINITION OF "MEDICAL MARIJUANA
DISPENSARY"; AMENDING CHAPTER 122 "ZONING", ARTICLE III
`DISTRICTS", DIVISION 10 "C-1 LIGHT COMMERCIAL DISTRICT",
SECTION 122-203 "PERMITTED USES", DIVISION 11 "C-2 GENERAL
COMMERCIAL DISTRICT", SECTION 122-223 "PERMITTED USES",
DIVISION 12 "CBD CENTRAL BUSINESS DISTRICT", SECTION 122-243
"PERMITTED USES" TO ESTABLISH MEDICAL MARIJUANA
DISPENSARIES AS PERMITTED USES; AND PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
City Clerk Howe read the legal title of the ordinance. Development Director Curt Henschel provided the
staff presentation.
Director Henschel stated that this is a staff initiated text amendment. He provided a short history of medical
marijuana in Florida and in Clermont. In 2017, Clermont banned medical marijuana in Clermont in the best
interest of the citizens. The text amendment before them would allow medical marijuana dispensaries in
Clermont in the zoning districts provided for in the text. He concluded his presentation by informed the
Council that both staff and the Planning & Zoning Board recommend approval.
Mayor Ash opened the floor for comments from the public.
Charlene Forth, 939 W. Desoto Street, Clermont — Supports the ordinance change.
Jerod Taylor — Nelcrest Drive, Clermont. — Supports the ordinance.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
Seeing no one else come forth, Mayor Ash closed the floor from further comments.
Council Member Purvis stated that when this was discussed in 2017, he was in support of the ban as written
at that time. He has since changed views, but has concerns about the proposed ordinance. It appears to him
as if dispensaries would be allowed to open anywhere.
Attorney Mantzaris informed the Council that the state legislature has preempted the City so they can only
regulate dispensaries as they do pharmacies.
MOTION TO APPROVE and adopt Ordinance No. 2020-25 made by Council Member Bates.
Seconded by Council Member Travis. Passed unanimously on roll call vote 5-0.
NEW BUSINESS
Item No. 13 — Resolution No. 2020-29R — Woodhouse Spa
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO
ALLOW A BUSINESS TO OCCUPY MORE THAN 3,000 SQUARE FEET OF
FLOOR SPACE IN THE CENTRAL BUSINESS DISTRICT.
This item was heard out of order and was considered during opening comments by the Mayor and
Assistant City Manager immediately after the pledge of allegiance.
MOTION TO TABLE consideration of Resolution No. 2020-29R until July 28 2020 made by
Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all
members present voicing_ave.
Item No. 14 — Variance Request — Woodhouse Spa
This item was heard out of order and was considered during opening comments by the Mayor and
Assistant City Manager immediately after the pledge of allegiance.
MOTION TO TABLE the hearing, of the variance request for the Woodhouse Spa until July
2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed
unanimously with all members present voicing_aye.
Item No. 15 — Ordinance No. 2020-24 — INTRODUCTION— Governor's Lake
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 CONFLICT,
SEVERABILITY, RECORDING, AN EFFECTIVE DATE, AND
PUBLICATION.
City Clerk Howe read the legal title into the record.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
MOTION TO INTRODUCE for future consideration Ordinance No. 2020-24 made by Council
Member Bates. Seconded by Council Member Brishke. Passed Unanimously with all members
present voicing Me.
Item No. 16 — Ordinance No. 2020-28 — INTRODUCTION— School Concurrency Text Amendment
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA,
RELATED TO CONCURRENCY MANAGEMENT, AND AMENDING THE
CODES OF ORDINANCES, CHAPTER 90 CONCURRENCY MANAGEMENT,
ARTICLE III, SECTION 90-31. SCHOOL CONCURRENCY; AND PROVIDING
FOR CONFLICT, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
City Clerk Howe read the legal title into the record.
MOTION TO INTRODUCE for future consideration Ordinance No. 2020-28 made by Council
Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members
present voicing, aye.
H.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
JULY 14, 2020
ADJOURN: With no further comments, this meeting adjourned at 7:33 pm.
Tracy Ackroyd Howe, City Clerk
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APPROVED:
Gail L. Ash, Mayor