Minutes - 02.11.2020 -City Council Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11, 2020
The City Council of the City of Clermont, FL met in a regular meeting on Tuesday, February 11, 2020 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 Purvis.
Other City officials present were City Manager Gray, City Attorney Mantzaris, Deputy City Clerk Lueth
and HR Coordinator Zinker.
INVOCATION AND PLEDGE OF ALLEGIANCE
Choice Edwards gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
Mayor Ash opened the floor for comments from the public for items not included on the agenda; seeing
none, the floor was closed.
REPORTS
CITY MANAGER
City Manager Gray thanked those who could attend the State of the City. He stated that the event had close
to 300 people and that it was great to celebrate and talk about the accomplishments over the past year.
City Manager Gray informed the Council that City Clerk Tracy Ackroyd Howe and Human Resources
Director Susan Dauderis are in Tallahassee with the Youth Council studying state government, and reported
that while the students are excited, the chaperones are exhausted. He also introduced Brian Lueth as the
new Deputy City Clerk/Records Administrator and informed the Council that Carlie Zinker has moved to
the Human Resources department.
City Manager Gray reported that the Thursday prior to the meeting, Leadership of Orlando was hosted in
Clermont. Leadership Orlando is an organization that brings government, business and non-profit leaders
together for classes on leadership. The group went to the National Training Center, walked downtown, and
then had a full afternoon at City Hall. He thanked Communications Director Deen for putting the event
together.
City Manager Gray notified the Council that the upcoming Saturday is the Black Achiever's Gala at the
Arts and Recreation Center. Clermont Police Chief Broadway is to be recognized at the event.
City Manager Gray concluded by telling the Council that there will be no Council Workshop for February.
CITY ATTORNEY
City Attorney Mantzaris informed the Council that they would need to meet in closed session prior to the
next Council meeting in regards to pending litigation; specifically regarding the Sprinkles litigation.
Attorney Mantzaris explained that he was announcing it now at an open meeting in compliance with state
statute requirements. He also informed the Council that at the next meeting they would open up the meeting
in public session at 6:00 PM and then go into the closed session. After the closed session concludes, the
Council would then return for the rest of the agenda.
CITY COUNCIL
Council Member Bates:
0 No Report
City of Clermont
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REGULAR COUNCIL MEETING
February 11, 2020
Council Member Purvis:
• Stated he agreed with the city manager's assessment of the State of the City event. He stated that it
was professional and informative..
Council Member Brishke:
• No Report
Council Member Travis:
• Stated that she gave the welcome to the Leadership Orlando group that was here last Thursday. The
group had lunch at CBC. She was excited that Mayor Buddy Dyer and Commissioner Hill gave her
pins from the City of Orlando, which she proceeded to pass out to the Council. The pin is the
fountain representing the City of Orlando.
Mayor Ash:
• No Report.
CONSENT AGENDA
Mayor Ash opened the floor for the public to pull an item from the consent agenda for further consideration.
City Manager Gray clarified for the record that the consent agenda consisted of items 1 through 9.
Seeing no public come forth, Mayor Ash closed the floor and asked if city staff or council members had
any objections to items.
City Manager Gray stated that he would like Item No. 6 to be pulled until the next meeting so that he had
the opportunity to check into some items.
Item No. 1— Meeting Minutes
Item No. 2 — Plat Approval
Item No. 3 — Plat Approval
Item No. 4 — Bid Award
Item No. 5 — Bid Award
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Consider approval of December 10, 2019 and
January 14, 2020 Council Meeting minutes.
Consider re -plat of a portion of lots in Phase 1 of
Lakeview Preserve to correct an issue with a
drainage swale and landscape wall.
Consider Crestview Phase 2 plat of 143 single-
family lots.
Consider awarding bid to Big Air Mechanical,
LLC, in the budgeted amount of $54,300 for the
purchase of variable frequency drives.
Consider awarding contract to Kimley-Horn and
Associates, Inc., Kittelson & Associates, Inc., and
S&ME, Inc. to provide traffic and transportation
engineering consultant services.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11, 2020
Item No. 6 — Board Appointment
Item No. 7 — Utility Service Agreement
Item No. 8 — Modified Utility Service Agreement
Item No. 9 — Resolution No. 2020-07R
Consider reappointment of Judy Proli to the
Firefighter's Pension Board of Trustees.
Consider agreement approval for City water
services to allow construction of a new single
family home located at 14227 County Road 455.
Consider request to modify an existing utility
agreement for a multi -family project located
northeast of County Road 455 and SR 50
intersection.
Consider approval of an updated Comprehensive
Fee Schedule.
MOTION TO APPROVE the consent agenda items 1-5 and 7-9 made by Council Member
Brishke. Seconded by Council Member Purvis. Passed unanimously with all members present
voicing aye.
UNFINISHED BUSINESS
Item No. 10 — Mason Ridge CUP Revocation
City Manager Gray introduced the item and stated that the applicant's representation was present. He also
informed the Council that staff are present if they wish to hear the presentation again.
Mayor Ash gathered consent from the council that the applicant's representative could provide an update
instead of hearing the whole presentation again.
Jimmy Crawford. 702 W Montrose, Clermont. — Applicant's Representative — Mr. Crawford stated that he
is representing Al Investments. Mr. Crawford displayed an email to the council received at 4:46 PM that
afternoon. He continued that assuming permits and other items are completed in a timely manner; Boykin
is prepared to remobilize the Mason's Ridge Project within six (6) weeks or no later than March 24. They
believe that all horizontal and site improvements can be completed in eight (8) months from remobilization
of project. They wanted to state for the record that if all goes as planned, they should finish no later than
November 24, 2020 after which they will apply for a building permit for vertical construction within forty-
five (45) days of finishing. They also committed to providing an update to city staff every 30 days in writing
with their progress. Mr. Crawford added that if they want the report to be verbal, he would be happy to
update the Council along the way.
Mr. Crawford stated that the wall subcontractor for the project could not start until the third week in March.
The hope is to beat the given construction schedule by weeks or even a month, but would not be later than
the given date as they built in a month's cushion just in case.
Mayor Ash opened the floor for the council to provide feedback, as they were the ones who requested this
agenda item.
City of Clermont
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REGULAR COUNCIL MEETING
February 11, 2020
Council Member Purvis first thanked the applicant and Attorney Crawford for coming before Council as
requested. He stated that he was adamantin his position from the last meeting; and with that understood, it
appears that on the surface they have reached the minimum standards for the project to proceed. Council
Member Travis stated that she would be on site on March 24 to see if people are there. Mr. Crawford
jokingly responded that she would have to have a hardhat because the workers will be there.
Mayor Ash requested that the Council get reports on the progress in writing every ninety (90) days. Mr.
Crawford responded that they were actually proposing every thirty (30) days to avoid a breakdown in
communication. Council Member Bates asked the Mayor if the applicant should come in person to present
the reports. Mayor Ash responded that City Manager Gray could present the written report.
Mr. Crawford reiterated to the Council that they are hoping to be ahead of schedule. Mayor Ash told Mr.
Crawford that the Council with follow through if the ball is dropped.
Mayor Ash asked if there were any additional comments from the Council members.
Council Member Travis stated that the mounds of dirt are so high, she would prefer to see them gone sooner
rather than later. Mr. Crawford responded that he would get with the contractor to see if they can snake that
the first priority.
Mayor Ash opened the floor for comments from the public; seeing no public come forth, the floor was
closed.
Council Member Brishke informed the Council that March 24 is a Council Meeting night.
Council Member Bates asked if they should now move to deny the item. Attorney Mantzaris informed the
Council that they can table it, or not revoke it as is, or do a conditional revocation that would put conditions
for the applicant to meet. He reminded the Council that if the applicant failed to meet the conditions, the
Council could pass an amending resolution as early as their second meeting in March to revoke the CUP
given to the developer.
Council Member Purvis and Mayor Ash stated their preference for a conditional revocation.
Attorney Mantzaris also informed the Council that the City's Planning & Zoning Board made
recommendation to address the code enforcement issue on the property.
Mayor Ash stated that she would entertain a motion that failure to comply with given outline, would result
in an automatic revocation of the Conditional Use Permit.
Council Member Travis asked about them making good on the lien.
Attorney Mantzaris stated that the lien is in place and will not be going away. He continued that the Planning
& Zoning Board suggested that the applicant make a good faith payment. Mr. Crawford stated that they
would pay $5,000 within thirty (30) days towards the code enforcement fines.
Council Member Purvis indicated that he would like his support to be contingent on the applicant making
a good faith payment of $5,000 towards code enforcement fines to stay in place.
Attorney Mantzaris approving revocation conditioned upon March 24, 2020 there will be some work on
site improvements, they will be March 24, apply for building permits, applicant to provide update every 30
days, applicant to make a $5,000 good faith payment towards the code enforcement lien.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11, 2020
MOTION TO APPROVE the revocation of the conditional use permit conditioned upon the
followin factors: 1 by March 24 2020 some work be made on site improvements, 2 that site
improvements be finished by November 24 2020 3 that a building permit be applied for with 45
days of completion of site improvements, 4 that the applicant provide written progress updates
eve 30 days, and 5 that the applicant make a $5,000 good faith payment towards Code
Enforcement Liens ... made by Council Member Purvis. Seconded by Council Member Travis.
Passed unanimously with all members present voicing aye.
NEW BUSINESS
Item No. 11— Variance Request, Thompson Palm Lane
Development Services Director Henschel presented the case of a property owner who is requesting
two (2) variances to land development code. The first variance request is to allow a lot with less
than 100 feet R1A zoning requirement. The second variance request allow for lot size area of less
than the required 10,000 sq. ft.
Director Henschel showed the Council a proposed layout of the lot. The applicant would like to
construct a new family home on the vacant lot. The surrounding lots have single-family homes
constructed on them already. If granted the width of the lot would be 84 feet instead of the 100-
foot requirement, and the total lot size of 7,980 sq. ft.
Director Henschel continued that Section 86-164 requires positive finding by Council in the
variance review criteria. Staff finds the request meets review criteria and recommends approval of
variance request. Director Henschel showed the Council that other lots have been divided into
similar sizes in the area.
Robert Thompson. 11905 Egret Bluff, Clermont_ — Applicant — Mr. Thompson stated that they
would like to build nice single family home on the lot. He knows one of the neighbors is concerned
about utility easements, and that he had an attorney check the plats and they did not find any
easements. Mr. Thompson stated that he would give his word to the owners to grant the easement
or dedicate the land for power to homes on other sites. They will do this before construction begins.
They intend to build decent a home which will enhance the neighborhood. They are looking at
options, including possibly a two story home around 2,000 square feet. What they are proposing
will meet all requirements of R1 zoning district and setbacks.
Mayor Ash opened the floor for comments from the public.
Elizabeth Clarke. 480 Palm Way, Clermont. — Ms. Clarke stated they are located across the street
from the lot in question. She feels that the property does not fit the code, and is not sure why it was
allowed to be created if it does not fit the code. She expressed concern that as neighbors they were
not alerted the lot was being created. She feels that the lot is too small for a home and that parking
will have to be in the street which is concerning as it is already a narrow road.
Zack English. 487 Palm Lane, Clermont. — Mr. English owns one of the homes on a lot adjoining
the proposed site. He expressed concern that this lot is only 8,000 square feet, which is smaller than
the required zoning requirements. He stated his house is 2,000 square feet, and does not feel it could
comfortably fit on the lot. He felt that there is no room for parking or a driveway. He feels that the
proposal is misleading.
City of Clermont
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REGULAR COUNCIL MEETING
February 11, 2020
Mike Cammonie. 487 Palm Lane, Clermont. — Mr. Commonie lives in a home on a lot adjacent to
the plot. Before purchasing lot in 2018, he knew that the vacant lot next to property was too small
to build a house, which factored into the reason they bought their property.
Rob Smith, Jr. 415 Palm Lane, Clermont. — Mr. Smith's home is to the west of the proposed site.
He expressed concern for the utility easement, but stated he is not opposed to the home as he is in
the development industry himself. He would like to see an easement around the property of 5ft. He
does not have misconceptions about building the house, and stated that if it is built right, a home
there could help the neighborhood. Mr. Smith restated that he is not against the house being built.
Seeing no other speakers come forth, Mayor Ash closed the floor from further comments.
Mayor Ash opened the issue for comments or questions from the council.
Council Member Purvis asked Mr. Smith if he could point out where exactly or approximately, the
telephone pole is located.
Council Member Purvis expressed surprise that there exists no easement. Mr. Smith stated that he
has seen it happen before and often back around the time of this neighborhoods plat.
The applicant (Mr. Thompson) responded to the comments from the public saying that they can
build a home within the setback requirements of the RI zoning district. He also stated that two-
thirds of the current homes in the area do not meet the setback requirements. He strongly feels that
they will be able to include a two (2)-car garage and a driveway and still meet minimum standards.
Mr. Thompson believes the house will be something the neighborhood can be proud of.
Council Member Bates asked if the applicant has the elevations of the lot. Mr. Thompson provided
the elevations. Council Member Bates asked if the applicant feels that they can have a yard with
this home. Mr. Thompson replied absolutely and added that the lot is similar to one in many of the
subdivisions being built.
Council Member Travis stated that Mr. Thompson has been a builder in the community for a long
time. She asked Director Henschel that if many of the homes in the neighborhood do not meet RI A
requirements was there a change in zoning and if not how did the other houses get there. Director
Henschel responded that the non -complying homes were there prior to the R I A zoning. Council
Member Travis asked if he knew when the neighborhood went to R I A zoning. Director Henschel
stated he did not have that information. Council Member Travis stated she did not see a problem
with a house on this lot.
Mayor Ash asked if the city would be getting an easement on this lot or not. Mr. Thompson stated
that he would give an easement to whoever needs one.
Attorney Mantzaris stated that the best way to ensure the easement is include it in the motion. He
asked Mr. Thompson where the power poles are. Mr. Thompson stated that they are on the back of
the property. Attorney Mantzaris stated that regardless of any action the Council does tonight, the
power lines are on private property currently, and the applicant is providing an opportunity to
correct a problem, which happened a long time ago.
Council Member Purvis stated that this is perfect example of a good in -fill. It provides adequate
parking and although he prefers a floor plan that gives 17ft on each side for setback, he will not
oppose this one, which shows 9ft.
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City of Clermont
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REGULAR COUNCIL MEETING
February 11, 2020
Council Member Bates asked if there would be an issue with the easement or power lines if the
house is two-story. Mr. Thompson stated that the house does not have to go multi -story if the
neighbors do not want it to. Mayor Ash stated that it is not for the Council to decide how many
stories the home will be.
MOTION TO APPROVE thenantin of both variance requests for the vacant lot on
Palm Lane with an added condition of establishing an easement as indicated made bb
Council Member Travis. Seconded by Council Member Purvis. Passed unanimously with
all members voicing ave.
Item No. 12 — Ordinance No. 2020-09, Introduction, Bloxam Street Office CPA
Human Resources Coordinator Zinker read Ordinance No. 2020-09 aloud by title only.
An Ordinance of the City of Clermont, 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.
MOTION TO INTRODUCE for future consideration Ordinance No. 2020-09 by Council
Member Travis. Seconded by Council Member Brishke. Passed unanimously with all
members present voicing aye.
Item No. 13 — Ordinance No. 2020-10, Introduction, Bloxam Street Office
Human Resources Coordinator Zinker read Ordinance No. 2020-10 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, an effective date, and publication.
MOTION TO INTRODUCTION for future consideration Ordinance No. 2020-10 by
Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with
all members resent voicing ave.
Item No. 14 — Ordinance No. 2020-12, Introduction, Hartle Road Industrial Park
Human Resources Coordinator Zinker read Ordinance No. 2020-12 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.
MOTION TO INTRODUCE for future consideration Ordinance No. 2020-12 by Council
Member Bates. Seconded by Council Member Brishke. Passed unanimously with all
members present voicing aye.
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City of Clermont
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REGULAR COUNCIL MEETING
February 11, 2020
Item No. 15 — Ordinance No. 2020-13, Transmittal, Hartle Road Industrial Park CPA
Human Resources Coordinator Zinker read Ordinance No. 2020-13 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.
Senior Planner John Kruse made a brief presentation to the Council. The proposed map amendment will
change land use from Lake County Regional Office to the City's Industrial Use. Upon approval by the City
Council, the ordinance will be transferred to the state who then would submit comment letters to the City
and the ordinance will be brought back to Council for final approval in April. The City is capable of serving
the property. Staff recommends the transmittal of the Ordinance. The Planning & Zoning Board
recommended approval of the ordinance by a vote of 4-1.
City Manager Gray added that the Council has seen projects like this come before, and that this is just a
transmittal hearing. This approval is only for approving the plan to be sent to State. He reminded the Council
that this would come back to Council in sixty (60) days for final approval with the other two requests. The
site plan will be submitted at final hearing.
Allison Turnbal. 200 S. Orange Ave, Orlando. — Applicant's Representative — Ms. Turnbal stated that they
agree with staff and requests the Council to move forward with the transmittal. She informed the Council
that she is aware that members of the public want to speak, and asked that they be allowed to do so and
then she can speak after them to address comments.
Mayor Ash opened the floor for comments from the public.
David Bussar. 16002 Woodland Court, Clermont. — Indicated that he attended the most recent Planning &
Zoning Board meeting. Showed the Council four (4) exhibits that he presented at the other meeting. Stated
that he has a petition signed by neighbors, but it is not on him.
Attorney Mantzaris informed the Council that the petition is on record as it was submitted during the
Planning & Zoning Board meeting.
Mike Sullivan. 16001 Woodland Court, Clermont. — Expressed opposition to request.
Seeing no other speakers come forth, Mayor Ash closed the floor from further comments.
Ms. Turnbal returned to the podium and stated that she was first alerted to the concerns of the neighbors at
the Planning and Zoning meeting. They are planning to sit down with them before Council's adoption
hearing. This will be a conditional use permit so conditions can be added to address any concerns from the
public.
_MOTION TO APPROVE the transmittal of Ordinance No. 2020-13 by Council Member
Bates. Seconded by Council Member Purvis.
Council Member Purvis expressed concern with the terminology of "Industrial Park". Initially he had
concerns of an industrial park abutting residential, but he learned that the planned industrial use is a storage
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11, 2020
facility; not a 24 hours a day/7 days a week truck stop or a metal forging factory. He further explained that
the proposed use requires the proposed zoning. The terminology is a misnomer.
Mayor Ash informed the public that when the ordinance come back before the Council for approval, the
Council can put conditions on it to address the issues of residents who live nearby. Mayor Ash called for a
vote on the motion.
Motion passed unanimously with all members present voicing aye.
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City of Clermont
NENUTES
REGULAR COUNCEL MEETING
February 11, 2020
ADJOURN: With no further comments, Mayor Ash adjourned the meeting at 7:30pm.
APPROVED:
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ATTEST:
Tracy Ackroyd Howe, City Clerk