05.23.2023 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
CALL TO ORDER
The City Council met in a regular meeting on Tuesday, May 23, 2023 in the Clermont City Council
Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members
present: Council Members Gonzalez, Entsuah, Pines and Purvis.
Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
Father Mark Wajada, Blessed Sacrament Catholic Church gave the invocation followed by the Pledge of
Allegiance.
PRESENTATIONS
Water Conservation Coordinator Jeffrey Burke presented the awards for the 2023 Drop Saver Poster
contest. Mr. Burke stated this is the 101 year that the city has participated in the Drop Saver Program and
introduced first, second and third place winners of each level of the contest. The overall winners were
Aubree Terrio in third place, Andrea Alvarez in second and Mingna (Nina) Shi in first place. All three
category winners were submitted to the American Water Works Association and Aubree Terrio received
second place for the state.
Mayor Murry congratulated all the winners and announced that the posters will be displayed on the 21 floor
of City Hall.
Lake County Commissioner Sean Parks reported that tomorrow is the Liberty Tree dedication at the Mount
Dora VFW Post at 9am. Mr. Parks clarified a letter that went out regarding the Tavares tax collector office
moving, that was referring to the main office in downtown Tavares.
The county wide planning effort is making progress. Clermont has a joint planning agreement with the
County, they are improving the process to include communication and better address the cities. Everyone
is concerned about growth management as Lake County is the fifth fastest growing county in the state,
would like all cities to come together with the County on where we want the growth and where we do not
want it.
The environmental lands referendum that was enacted in 2004 is set to expire in 2025. The referendum
allowed the county to purchase lands on a county wide basis for environmental protection. The County
Commission will hold a workshop regarding the topic in September.
The County Commission is currently in budget season. The budget meetings are held on Mondays at
9:00am. Mr. Parks is hoping to dedicate 4% towards roads for this year. Finally, CFX and State Road 516
is back on schedule. Hartwood Marsh Road should be under construction within one year.
Discussion ensued regarding the pot holes on Citrus Tower Blvd from 50 to 27 which is on the County's
list and the timing of the traffic lights.
Mayor Murry invited residents to ask questions of Commissioner Parks.
Chandra Myers, 1040 Glen Raven Lane — website address to watch budget meeting.
Commissioner Parks said the website is www.lakecountyfl.gov.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
PROCLAMATION
City Clerk Howe read three (3) proclamations aloud.
Sommer Sports Celebration Day, Fred Sommer was presented the proclamation.
Memorial Day, Veterans from American Legion Post 55 and the VFW accepted the proclamation.
Election Proclamation was read aloud.
PUBLIC COMMENTS
John Litton, Senior Board Member of STBM, owner of the Citrus Tower - Thanked the City for support
with the grand re -opening of the tower. The ribbon cutting will take place on May 28, 2023 and invited all
residents to the celebration.
Kathy Barrett, journalist— proud to be a resident and working with STBM. Spoke on the history of the
company and the grand reopening of the Citrus Tower
Charlene Forth, 939 W. Desoto Street — thanked military for service to our country.
REPORTS
CITY MANAGER REPORT
City Manager Bulthuis informed the Council of the following agenda changes:
Item No. 9- Variance Reauest. 274 Crystal Lake Drive
City Manager Bulthuis informed the Council this is a request to table this item to June 13, 2023.
Council Member Entsuah moved to table the variance request to June 13.2023: Seconded
by Council Member Pines. Passed unanimouslv 5-0 with all members Dresent voicing ave.
City offices are closed on Monday, May 29 in honor of Memorial Day. There will be a Memorial Day
ceremony at 1 lam at Waterfront Park. Police Chief Broadway spoke about the Michael Murphy workout
to honor all veterans at Victory Pointe on Monday, May 29 at 8:45 am.
There is a new program with Lake Sumter Children's Advocacy Center that provides medical exams of
juveniles. This partnership serves as a satellite office so parents and victims will no longer have to travel to
Leesburg.
Executive Director Brenda Crellen, 713 Bellrose Trail, Villages — the Lake Sumter Children's Advocacy
Center is a nonprofit that offers specialized services to child victims and their families which include
medicals and licensed counselors. All services are free and average 1,000 children per year in Lake and
Sumter Counties.
CITY ATTORNEY REPORT
City Attorney Mantzaris — the four hour ethics training for council will be held on Wednesday, May 31 at
1:30pm in the Council Chambers.
CITY COUNCIL REPORT
Council Member Entsuah — No report.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
Council Member Pines — No report.
Council Member Gonzalez —
Attended the Florida League of Cities insurance seminar in Ft. Myers.
Attended the citizen's academy graduation and coffee with a cop.
Council Member Purvis — No report.
Mayor Murry —
• Attended the naval academy ceremony and citizen's academy graduation.
• Congratulated Lincoln Park South Lake Alliance for receiving the nonprofit of the year award.
• Mayor's luncheon will be June 6 at Los Reyes.
• Attended employee's breakfast.
• Thanked Mr. Gonzalez for being instrumental in the Memorial Day ceremony.
City Manager Bulthuis spoke on the Amateur Athletics Union (AAU) coming to Clermont. Lake County
and the City of Clermont have collaborated since 2011 on the Wellness Way program. The developers of
Olympus announced they have a signed letter of intent with AAU and the plan is to build a 100,000 square
foot facility for multiple sports. Mayor Murry stated that it will be great to have AAU in our area.
Mayor Murry stated that he had a discussion with Nancy Dodd regarding the street lighting project and the
project has been moved up. The project is replacing street lights with LED lights to reduce the ongoing
cost.
CONSENT AGENDA
Mayor Murry 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
Item No. 2 — Plat Approval
Perimeter Park
Item No. 3 — Surplus Request
Item No. 4 — Resolution No. 2023-01 SR
Parks and Recreation
Item No. 5 — Resolution No. 2023-019R
Emergency Declaration Authority
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Consider approval of the minutes of the April 11,
2023 and April 25, 2023 Council Meetings and
the April 18, 2023 Council Workshop.
Consider approving a commercial plat consisting
of 36.813 acres, platted into 6 lots and a storm
water tract.
Consider declaring surplus from the Police,
Information Technology, and Procurement
Department and dispose of in accordance with
the Purchasing Policy.
Consider implementing a dedicated fee for the
Kehlor Recreation Center.
Consider annual delegation authority for the
Mayor to declare a state of emergency.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
Item No. 6 - Piggyback Contract
Item No. 7 - Piggyback Contract
Item No. 8 - Task Order Approval
Consider piggyback contract with Sunbelt
rentals, Inc. to provide equipment and tool rental
services.
Consider Sourcewell Cooperative piggybacking
contract with Caterpillar Inc., to provide
electrical energy power generation equipment.
Consider approval of a Task Order for
professional engineering services with Halff
Associates, Inc. to provide Hartwood Marsh road
utility adjustments in the budgeted amount of
$159,330.
Council Member Purvis moved to approve Consent Agenda Items 1-8 as presented:
Seconded by Council Member Pines. Passed unanimously 5-0 with all members present
voicine ave.
UNFINISHED BUSINESS
Item No. 9 - This item was addressed earlier in the meeting and tabled to the June 13, 2023 meeting.
NEW BUSINESS
Item No. 10 - Resolution No. 2023-011 R, Salt Shack CUP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE
PERMIT, RESOLUTION 2012-21 AND RESOLUTION 2022-003R TO INCLUDE
ADDITIONAL USES WITHIN THE PROPERTY; PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Development Services Planner Kruse stated that the applicant, Jimmy Crawford, Esq. is requesting a new
Conditional Use Permit to revise existing restaurant restrictions applied within Resolution 2022-003R to
allow outdoor dining use for the restaurant operation. The property is located at 846 West Osceola Street,
formerly known as Lilly's on the Lake. The property owner in 2012 received a conditional use permit,
Resolution 2012-21, for a building greater than 3,000 square feet to be used as a restaurant within the
Central Business District with certain conditions that allowed outdoor uses.
The 6,000 plus square foot building was constructed and opened in 2015. In 2021, a new resolution was
approved with restrictions on the restaurant due to code violations from the previous operator.
The applicant has indicated a new long-term operator, the Salt Shack, will be occupying the restaurant and
controlling the property as part of their lease. The company has experience with a successful waterfront
restaurant in Tampa and they would like to be able to use the full potential of the current property for
outdoor dining. Several restaurants within the Central Business District use outdoor dining and
entertainment areas as an integral and essential option.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
Staff has reviewed the CUP amendment in accordance to Sec. 86-144 of the Land Development Code. The
proposed intensity, character and type of development is comparable to other restaurant uses within the
Central Business District. Several restaurants have outdoor dining options. The site lends itself through the
waterfront views and an open area adjacent to the east of the existing restaurant to offer outdoor dining.
Staff recommends approval of Resolution 2023-011 R and reinstatement of the outdoor dining area.
Jimmy Crawford, representing SS2, LLC, stated that they are the operators of Salt Shack in Tampa, FL, a
family oriented waterfront restaurant. Mr. Crawford agrees with staffs report and stated there are
representatives of the restaurant present if needed. Tonight's request is to reopen what is already there but
will be back in three to six months to update on the renovations of the restaurant.
Katherine Warner, COO for Salt Shack on the Bay, explained that they are a waterfront restaurant in Tampa
that is fun and casual. The plans for the music is to have a piped in music system for background music and
has no intentions of having musical events. There would be no loud music and they would stay within the
city's noise ordinance and could shut off the music at 9pm if needed.
City Manager Bulthuis stated that the building has been essentially gutted and they are working with the
Building Department and Fire Department to bring the building up to code.
Mayor Murry opened the public hearing.
Charlene Forth, 939 W. Desoto Street — expressed concern regarding amplified sound and activities.
Otis Taylor, 3686 Caladesi — expressed support for outdoor seating.
Mayor Murry closed the public hearing.
Council spoke in support of the request.
Council Member Pines moved to approve Resolution 2023-011R: Seconded by Council
Member Entsuah. Passed unanimouslv 5-0 with all members present voicine ave.
Item No. 11 — Variance Request, Johnson Market Sign
Development Services Planner Kruse stated that the applicant, Darren Johnson, is requesting a variance to
the Land Development Code (LDC), Section 102-8 Prohibit Signs, and exceptions; for a newly constructed
commercial building located at 550 West Avenue. The property is located at the northwest corner of
Minneola Avenue and West Avenue and the project is known as Johnsons Village Marketplace.
The variance request is to allow for two (2) signs to be placed along the bottom portion of the pitched roof
of the building. The architectural style of the building incorporates a gable roof with a porch around a
portion of the building. The building sits approximately 4 to 6 feet below street grade and has mature trees
along the rights -of -ways. The applicant has indicated what minimal fagade is available for signage, it is
blocked and not visible from street level. If approved, the signs would be approximately 4 to 8 feet above
street level.
The applicant is requesting the signs to be installed in lieu of wall signs. The proposed signs would not
exceed the square footage allowed under Section 102-15 for wall signage. Due to the architectural design
of the building, the elevation of the lot, and the mature trees along the rights -of -ways, there appears to be a
hardship for signage for this building that could not be placed except in the location requested by the
applicant. Staff is able to support this request with specific conditions attached to the variance request.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
The sign facing West Avenue would be the larger sign since this encompasses the longer length of the
building. The sign would be limited to 43 inches high and 348 inches long. This would limit the sign to 104
square feet and to the wording "MARKET" as indicated within the submittal package. The sign facing
Minneola Avenue would be the smaller sign since this is the smaller length of the building. The sign would
be limited to 32 inches high and 276 inches long. This would limit the sign to 62 square feet and to the
wording "MARKET" as indicated within the submittal package. The signs shall be installed at the lower
location on the roof as indicated in the submittal package. A new variance will be required if the size of
sign changes, the wording is changed, or substantial change is desired over the submittal package.
Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to
grant a variance. Staff has reviewed the application as submitted and finds the application does meet a
positive finding on all of the five criteria. Therefore, staff recommends approval of the variance request
with the conditions listed above such as sign size, sign wording, and location.
The applicant, Darren Johnson was present. The word Market will be red illuminated LED lighted letters.
Mayor Murry opened the public hearing.
Charlene Forth, 939 W. Desoto Street — expressed concern over the signage and inquired if Council Member
Pines has to recuse herself as she sold the applicant the property.
Otis Taylor, 3686 Caladesi - supports the request of the signs.
Mayor Murry closed the public hearing.
City Attorney Mantzaris thoroughly reviewed the item and does not see a conflict for Council Member
Pines.
Mr. Mantzaris brought up the conditions stated in staffs report placed on the variance and that the applicant
needs to be okay with the conditions. Mr. Johnson stated he is okay with the conditions.
Council spoke on the purpose of variances.
Council Member Gonzalez moved to avvrove the variance reauest; Seconded by Council
Member Pines. Passed unanimouslv 5-0 with all members vresent voicing ave.
Item No. 12 — Variance Request, USA Roller Chain
Development Services Director Henschel stated that the applicant, BG Southern Division LLC, is
requesting a variance to the Land Development Code, Chapter 118 Vegetation, to allow for a reduction to
the required landscape buffer. The subject property is located at 16310 Granville Avenue. The zoning is M-
1 Industrial, with an Industrial Land Use. The property was annexed in 2022. This required the landscape
buffers to comply with Clermont codes. Section 118-37, Landscape perimeter buffers must be planted with
three (3) trees per 100 lineal feet, two of the trees must be canopy trees. The right of way buffer must be
planted with three canopy trees and five understory trees per 100 lineal feet. Based on the conceptual plan
submitted for the site, there would be a requirement for 30 canopy trees and 20 understory trees. The
minimum required code shows 30 canopy trees and 20 understory trees around the perimeter of the site.
The applicants request tonight is to make a reduction to those trees to 5 canopy trees and 5 understory trees.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
The Land Development Code, Chapter 118, requires a minimum perimeter landscape buffer adjacent to any
rights of way and between abutting properties. The buffers must be planted with plant materials that meet
the minimum code specifications, which shall include the required number of canopy trees, understory trees
and the ability to provide a continuous row of shrubs/hedges that will create an opaque screen. The intent
of the buffer is to enhance the aesthetic appearance and to minimize any adverse visual effects of industrial
uses.
Staff has reviewed the application and proposed project in regards to Section 86-174 of the Land
Development Code, which requires a positive finding on all Review Criteria and Findings petition in order
to grant a variance. Staff has reviewed the application as presented and finds the application does not meet
a positive finding on all the review criteria. Therefore, staff recommends denial of the requested variance
to the Land Development Code.
Taylor Zigler, representing the applicant, stated that the retention pond on the property has created concern
that any new trees will not survive. The south property line will include understory trees just no canopy
trees due to the conditions. The north property line will become an easement with underground water lines
which will restrict the growth of trees. The back of the property has a brand new retaining wall and installing
trees gives concern for the integrity of the wall due to pressure of the trees. There are no issues installing
trees in the front of the property.
Mayor Murry opened the public hearing.
Otis Taylor, 3626 Caladesi - inquired if crepe myrtles are considered a canopy tree.
Mayor Murry closed the public hearing.
Council Member Purvis inquired if these are valid reasons within the conceptual plan and if they are willing
to compromise.
City Manager Bulthuis recommend to table the item and have the applicant work with staff to see
where the easements are located. Staff is going off of the original plan submitted.
Council Member Purvis moved to table the variance request to June 13. 2023: Seconded
by Council Member Entsuah. Passed unanimouslv 5-0 with all members present voicine
Ue
Item No. 13 — Variance Request, Citrus Tower Commercial
Development Services Director Henschel presented the item. The applicant is requesting a variance to the
Land Development Codes, Section 94-195, to allow for an elevation change up to 28 feet instead of the 15
feet maximum allowed for commercial development. The vacant 1.81 acre parcel is located on State Road
50, adjacent to Taco Bell, in the Citrus Tower Commercial Center. The zoning is C-2 General Commercial
with Commercial Land Use. The applicant has indicated the overall topography changes that exceed the
code requirements will impact approximately five (5) percent of the overall parcel. The project is proposing
development of a 12,000 square foot medical office with lower level parking. The proposed development
as designed does not require any additional variances to the code, and the office use is consistent with the
existing development patterns in the area.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
Staff finds the requested variance to allow elevation changes up to 28 feet could be considered extensive to
the existing topography of the land and the adjacent properties. The parcel is vacant and the project may be
designed in a less intense manner that may not require a variance. Staff has reviewed the application and
proposed project in regards to Section 86-174 of the Land Development Code, which requires a positive
finding on all Review Criteria and Findings petition in order to grant a variance. Staff has reviewed the
application as presented and finds the application does not meet a positive finding on all criteria. Therefore,
staff recommends denial of the variance request.
Jimmy Crawford, representing the applicant, Dr. Kandra. Mr. Crawford stated that the medical practice is
currently in Minneola and would like to have an office in Clermont. John Schmidt is the builder and has
been working with the engineer for 6 months to configure a layout for this site which includes the parking
under the building. Mr. Crawford went over the details of how they came to the layout for the site that they
are presenting to Council. The applicants believe they have satisfied the requirements and worked with staff
to come to a compromise.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing.
Council Member Purvis asked if there was an elevator from the parking spaces to the building. Yes, there
will be an elevator. Council discussed the property and their opinions on the request.
Council Member Purvis moved to approve item 13 as presented; Seconded by Council
Member Entsuah. Passed unanimouslv 5-0 with all members present voiciniz ave.
Item No. 14 — Ordinance No. 2023-017 Intro
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, AMENDING CHAPTER 66, "UTILITIES" ARTICLE VII
"WATER EFFICIENT IRRIGATION AND LANDSCAPE" DELETING SECTION 66-
207 `ENFORCEMENT" AND SECTION 66-221 "FINE SCHEDULE" AND
CREATING NEW DIVISION 4 "ENFORCEMENT", SECTION 66-240
"ENFORCEMENT" AND SECTION 66-241 "PENALTIES"; PROVIDING FOR
CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Council Member Entsuah moved to introduce Ordinance No. 2023-017; Seconded by
Council Member Pines. Passed unanimouslv 5-0 with all members present voicin¢ ave.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
Item No. 15 — Ordinance No. 2023-018, Impact Fee Schedule Intro
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA
AMENDING CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION" ARTICLE
VI, "FINANCIAL MATTERS" DIVISION 2 "IMPACT FEES'; AMENDING SECTION
2-264 "IMPACT FEE SCHEDULE" PROVIDING FOR A NEW IMPACT FEE
SCHEDULE ADJUSTING AND INCREASING WASTEWATER, POLICE, FIRE AND
RESCUE SERVICES AND PARKS AND RECREATION IMPACT FEES; FINDING
THAT DUE TO EXTRAORDINARY CIRCUMSTANCES THERE IS A PRESENT AND
IMMEDIATE NEED TO INCREASE THE WASTEWATER, POLICE AND FIRE
RESCUE SERVICES IMPACT FEES; PROVIDING FOR LIBERAL CONSTRUCTION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION AND AN
EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Council Member Entsuah moved to introduce Ordinance No. 2023-018: Seconded by
Council Member Pines. Passed unanimouslv 5-0 with all members present voicing ave.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 23, 2023
ADJOURN: With no further comments, this meeting adjourned at 8:42 pm.
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
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APPROVED:
Tim Murry, �Mar