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03.11.2025 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 CALL TO ORDER The City Council met in a regular meeting on Tuesday, March 11, 2025 at 3:00pm in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 3:00pm with the following Council Members present: Council Members Strange, Myers and Petersen. Other City officials present were Interim City Manager Van Wagner, City Attorney Waugh, and Deputy City Clerk Wisniewski. Absent - Council Member Howard INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplain James Pagan gave the invocation, followed by the Pledge of Allegiance. PROCLAMATIONS A proclamation celebrating Tuskegee Airmen Commemoration Day was read aloud. Lt. Daniel Keel accepted the proclamation, stated he is proud to call Clermont home and thanked Council for honoring him. A proclamation celebrating Captain Donnie Cochran Day was read aloud. Captain Donnie Cochran accepted the proclamation and thanked Council for the honor. Council Members thanked both men for their service. PUBLIC COMMENTS Rudy Buan, Resident — spoke about the participation at the meeting. Michael Cramer, 208 Nautica Mile Drive, President of the Yacht Club Home Owners Association — thanked Public Works for all the work done after the hurricane. Spoke about a sailboat that washed up on shore during the hurricane that is still sitting there; it does not belong to anyone in the Yacht Club. Banks Helfrich, 9100 Sams Lake Road — spoke about compromise. Diane Maglione, 3954 Eversholt Street— thanked Council for the afternoon meetings so senior citizens can attend. Constance Tracey, 625 Disston Ave — stated that she was glad to attend the meeting. AGENDA CHANGES Interim City Manager Van Wagner informed the Council of the following agenda changes: Item No. 14 - Variance Request, Bloxom Avenue Subdivision Interim City Manager Van Wagner informed the Council this is a request to table the item to April 22, 2025. Council Member Strange moved to table Item No. 14, Bloxom Avenue Subdivision to April 22, 2025: seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing Ue. City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 Mayor Murry informed the public that Council Member Howard is not in attendance and inquired that all applicants received notification and want to proceed at this meeting. Development Services Director Henschel stated that all applicants were notified that there would not be a full Council at this meeting. REPORTS CITY MANAGER REPORT Interim City Manager Van Wagner — • March 25 Council meeting is canceled. • The workshop with Lake County Schools regarding school concurrency can take place on April 15 at 3:00 pm if Council agrees to that time. The consensus from Council was to have the workshop at 3:00 pm on April 15. • Consideration for workshop times moving forward were addressed. 3:00 pm was presented as the standard time for workshops with the ability to change the time if needed. The consensus from Council was to schedule workshops moving forward for 3:00 pm with the ability to change the time as needed. • March 15 is Pups in the park at Lake Hiawatha Preserve. • March 28-30 is Pig on the Pond at Waterfront Park. • The Spring Games is currently going on. CITY ATTORNEY REPORT City Attorney Waugh — • Spoke about the Fire Impact fees used for the Montrose building and the effect from switching facilities. The funds will have to be returned to the Impact fee fund within a reasonable time. City council made a similar decision previously that he will be looking in to. • The appeal from a land use decision from November 2024 was denied by a Judge. • There was a foreclosure case where the City failed to respond to preserve the lien. We have asked the Judge to vacate the result. • Currently in litigation in the Wright -Ahearn case, have been awarded $700 in attorney's fees for frivolous actions. • Provided training to the Planning & Zoning Commission. CITY COUNCIL REPORT Council Member Strange — Lake County Commissioners have elected not to take a vote on appointing her as the representative from Clermont on the Tourism Development Council. Requested Council stand with her to make Lake County Commissioners vote. P� City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 Council Member Myers — • Attended the Lake -Sumter Metropolitan Planning Organization meeting. • Attended Florida Black Caucus of Local Elected Officials conference. • Attended Senator Geraldine Thompson's funeral. Council Member Petersen — • Spoke about ambulance service in Clermont and invited Fire Chief Ezell to the podium. Fire Chief Ezell shared transport response time information on ambulance response times and spoke about the mutual aid agreement with Orange County. Mayor Murry stated there is an issue in Lake County with ambulance service. Council Member Strange inquired if the year to date totals were a fiscal or calendar year. Fire Chief Ezell stated that there have been 894 responses from January 1 through March 4, 2025. Council discussed brining ambulance service to Clermont and how long they would be out of commission since the Hospital's trauma department does not currently have the resources to assist pregnant women or children and they would have to go to Orlando. Mayor Murry — • Mayor's luncheon in April will be at Cantinas Mexican Kitchen. • Requested that Interim City Manager Van Wagner speak on Police Chief Broadway leaving the City. Interim City Manager Van Wagner stated that Police Chief Broadway accepted the position of Chief of Police in Kissimmee. His last day will be March 31 and beginning April 1 Deputy Police Chief Graczyk will fill in as Interim Police Chief. • Spoke about contracts the City has and Council should let staff handle them. • Requested Interim City Manager Van Wagner contact Lake County regarding the vote on appointing Council Member Strange to the Tourism Development Council. • Attending Legislative Days in Tallahassee later this month. • Read some house bills that are of concern to him and requested Council do research and if they are in agreement they can have City Attorney Waugh draft a letter of opposition. • Council Members are required to have ethics training every year by July. 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 Consider approval of the February 4, 2025, Meeting, and Workshop; February 11, 2025, Meeting; and February 25, 2025, Meeting minutes. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 Item No. 2 — Surplus Request Item No. 3 — Agreement with Tetra Tech for Consumptive Use Permit Item No. 4 — Piggyback Contract Annual Supply of Fittings and Accessories Item No. 5 — Bid Award Clermont Arts and Recreation Center Item No. 6 — Bid Award Street Resurfacing Services Item No. 7 — Event, Open Container and Road Closure Request Suntoberfest 2025 Item No. 8 — Event Request Date Change Approval Clermont Main Street Item No. 9 — Event and Open Container Date Change Approval Item No. 10 — Event Request and Road Closure Light Up Clermont / Christmas Parade Consider declaring end -of -life inventory as surplus from Building Services, Parks and Recreation, Information Technology, and the City Manager Department and provide disposal per the Procurement Policy. Consider approval of additional compensation beyond the original scope of services with Tetra Tech in the budgeted amount of $71,786. Consider approval to piggyback City of Boynton Beach Term Contract No. W1-122-048 with Core and Main LP to provide pipe and brass fittings. Consider awarding the bid to Northrock Enterprises, LLC to purchase banquet chairs at the ARC for the budgeted amount of $71,232. Consider awarding a bid to Superior Asphalt, Inc. to provide mill and overlay services for city - maintained streets in the amount of $476,825 and a contingency amount of 10% for a total of $524,507. Consider allowing Suncreek Brewery to host event in downtown Clermont with street closures and open container allowance. Consider re -approval of the Food Truck Wars event and road closures as the date changed from January 25, 2025, to Saturday, March 22, 2025, from 12PM-11PM. Consider re -approval for "Clermont Sips & Salsa" on September 20, 2025, at Waterfront Park. Consider allowing the Clermont Parks & Recreation Department to host the annual event in downtown Clermont with street closures on December 5 - 6, 2025. Council Member Strange moved to approve Consent Agenda Items 1 through 10: seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 Item No. 11— Ordinance No. 2025-003, PUD Amendment Final 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Kruse presented the item. The applicant is requesting an amendment to the Magnolia Pointe Center Planned Unit Development to allow up to five fast food restaurants within the Planned Unit Development, with four of these located on Lot 3. Magnolia Pointe Center is located south of State Road 50 and east of Magnolia Pointe Blvd. The property is approximately 22 acres in size with majority of the site built out. The Planned Unit Development was approved in Lake County in 2009 under Ordinance No. 2009-8 with conditions limiting specific uses on certain lots. The City of Clermont annexed the property in 2018 keeping the original entitlements. The allowable uses are C-1 Light Commercial and C-2 General Commercial with exclusion of certain uses and permissible uses throughout the site. The only remaining vacant pieces are Lot 3 and a few pads within Lot 6. On page three of the City's ordinance (Ordinance 2018-08) under section 3, A (2) (b) ii; it states, "No more than three Fast Food Restaurants shall be permitted." The applicant is requesting an amendment to increase the number to five and to allow four fast food restaurants within Lot 3. Currently, there exists a Dunkin Donut on Lot 2, which will be included in the count of five. The applicant has proposed a 7,000 square foot building that will be comprised of three fast food restaurants. On the end of the building, a drive-thru fast food business (Twistee Treat) is also being proposed. Based upon the information provided, the project will be required to have a minimum of 57 parking spaces. The applicant is providing 58 parking spaces. The Twistee Treat will primarily be served via a drive-thru. The applicant has indicated that the amendment will enable Magnolia Pointe Center to better serve community needs by increasing dining options, while maintaining compatibility with the Planned Unit Developments overall design and operational guidelines. In consideration of support of the project, City staff requested documentation from the Magnolia Pointe Homeowners Association that the proposed amendment would be supported by the development. A letter from the Ellis Property Management Company was provided indicating support of the amendment. Staff has reviewed the application and proposed project in regards to Section 125-486 Review Criteria for a Planned Unit Development. The proposed amendment to allow the additional fast food restaurants does not appear to impact the surrounding property, and the uses are currently allowed within the Planned Unit Development. Staff has no evidence that with this amendment the overall characteristics of the project will change, and it appears that it may better serve the surrounding community. The conceptual layout on Lot 3 appears to meet the Land Development Code. Staff is able to support the request and recommends approval of Ordinance 2025-003. The Planning and Zoning Commission recommended approval 7-0. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 John Abi-Aoun, Florida Engineering Group was present on behalf of the project. He conferred with staff's recommendation and asked Council for approval of the project. Mayor Murry opened the public hearing. Edward Kelley, 1114 Windy Bluff Drive, Minneola — spoke about a similar project in Minneola, noting to clearly define in the Ordinance the things you do not want in that space. Vincent Niemiec, Regency Hills — think about what you are approving, look at all the available options. Jenny May, 4062 Greystone Drive — requested that the Twistee Treat look at a more modern design that follows suit of the building. Joseph Bander, resident — expressed concern with the traffic and the aesthetic of the cone for Twistee Treat. Mayor Murry closed the public hearing. Discussion ensued on the businesses that would be in that location, the design of the Twistee Treat and what control Council has over the project. City Attorney Waugh provided Council with a list of what they can take into consideration when approving a project. Architectural standards were discussed and the difference between engineered and architectural designs. Council Member Strange stated that she would like to see a more walkable design. Mr. Abi-Aoun stated that the Twistee Treat will be in line with the building height and the project is staying within the original 7,000 square feet. The site plan was done per code and not requesting any waivers. City Attorney Waugh reminded Council that the request in front of them is an amendment to what was previously approved but still gets considered under the same criteria under the code. Mr. Abi-Aoun said they are asking for two more restaurants within the same space. They are entitled to two restaurants currently and could build those with no restrictions. The project is compliant with code and Council cannot limit them more than others in the area. Council Member Myers moved to approve Item No. 11, Ordinance No. 2025-003, PUD Amendment with the stipulation that the architectural elevations must be presented to Citv_ Council and approved prior to site plan approval for the building on Lot 3; seconded by Council Member Petersen. Passed 3-1 with Council Member Strange opposed. Item No. 12 — Variance Request, EnviroStruct LLC Development Services Director Henschel presented the variance request. The applicant, EnviroStruct LLC, is requesting a sign variance on an existing building located at 17410 State Road 50. The applicant is requesting to allow for more than 200 square feet of wall signage located on the second floor of the building facade wall to be greater than the total allowable copy areas. The Land Development Code allows one primary wall sign, parallel to a road or street, not exceeding the maximum 200 square footage copy area. A secondary wall sign may be permitted on up to two walls provided it is a maximum of 50 percent of the primary wall sign. The applicant is asking for a second wall sign, exceeding the 50 percent allowed copy area. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 The applicant currently has the primary wall sign installed on the second floor of the building, which is approximately 100 square feet. The applicant is requesting a second wall sign that is approximately 100 square feet. Without a variance, the applicant's second wall sign would only be permitted at 50 square feet. If approved, two wall signs of similar size would be allowed on the second floor building facade. No other signage would be permitted on the second floor fagade. Section 101-246 of the Land Development Code requires a positive finding in the Review Criteria and Findings in order to grant a variance, staff has reviewed the application as presented and finds the application does not meet a positive finding on two of the five review criteria. Therefore, staff recommends denial of the requested variance to the Land Development Code. Shawn McTigue was present on behalf of the applicant. The building is condos and there are two owners, they own the second floor. The current sign on the building belongs to a tenant with a five-year lease who received approval for the sign from the property management company. Half of the second floor belongs to EnviroStruct and the name of the building is the EnviroStruct Business Center. If the variance is not approved they will have to make their client remove their sign. Believes the sign would off set and balance the top floor of the building. Mayor Murry opened the public hearing. Patrick Bianchi, 752 W. Montrose Street — most buildings have one sign that is the building name. They will then have directories or a monument sign for the businesses within the building. If this is approved, other buildings will also want to display their business name with a sign. Mayor Murry closed the public hearing. City Attorney Waugh questioned what two criteria the application did not meet. Development Services Director Henschel stated they did not meet appositive finding on the two criteria listed below. 1. Granting the variance will not cause or allow interference with the reasonable enjoyment of adjacent or nearby property owners of negatively impact the standard of living of the citizens of the city. 2. The variance will allow reasonable use of the property; which use is not out of character with other properties in the same zoning category. Mayor Murry expressed his desire for the code to be updated. He is okay with the signage as long as it is stated that there can be no more signs added. Discussion ensued on other signage for the building, how long the current sign on the building will be in place and the fact that the current sign is in violation since a permit was never issued. Council Member Petersen moved to deny Item No. 12, Variance Request, EnviroStruct LLC; seconded by Council Member Strange. Motion failed 2-2 with Mayor Murry and Council Member Myers opposing, Council Member Strange moved to approve Item No. 12, Variance Request, EnviroStruct LLC; seconded by Council Member Petersen. Motion failed 2-2 with Council Member Strange and Council Member Petersen opposing 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 City Attorney Waugh explained to the applicant that the variance was not adopted. There are not enough votes to approve or deny so it dies for a lack of an approval. Item No. 13 — Resolution No. 2025-005R, Clermont Retail 935 W. Minneola Ave. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A COMMERCIAL BUILDING OCCUPYING MORE THAN 3,000 SQUARE FEET OF FLOOR AREA IN THE CENTRAL BUSINESS DISTRICT (CBD); PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Kruse presented the item. The applicant, MEI Partners LLC, is requesting a Conditional Use Permit to allow the construction of a 6,920 square foot retail, office and restaurant building in the Central Business District. The proposed building will replace an existing duplex at 935 W. Minneola Avenue and will be a single -story building. In addition to the new building, the project will also have a small outdoor patio area. The Land Development Code, Section 125-370, requires a Conditional Use Permit for any structure occupying more than 3,000 square feet of floor space (in which it is now 6,000 square feet). The total property area is roughly half an acre. The Land Use designation is Downtown Mixed - Use. In order to accommodate the necessary parking, the applicant would like to construct six parking spaces within the right-of-way of Minneola Avenue adjacent to this project. This would be similar to the parking spaces constructed north of this property that was a part of the Victory Village project. Staff does not have any objection to this improvement, and this will need to be coordinated with City staff at the time of site review. Staff has reviewed the application and finds that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the use will be in compliance with the regulations and conditions specified. The building size and property size is very similar the property northeast of the site, which is formerly known as the Market. The surrounding area consists of commercial uses, and the Central Business District zoning is supportive of the proposed uses. Staff recommends approval of Resolution No. 2025-005R. The Planning and Zoning Commission recommended approval 6-1. Kevin Hebert of MEI Partners was present on behalf of the project. Commended staff on a great job of presenting the project. The project would be a great addition and would complement the surrounding area. Mayor Murry opened the public hearing. Patrick Bianchi, 752 W. Montrose Street — spoke in support of the project. Mayor Murry closed the public hearing. Council Member Myers moved to approve Item No. 13, Resolution No. 2025-005R, Clermont Retail 935 W. Minneola Ave, seconded by Council Member Petersen. Passed unanimously 4-0 with all members present voicing ave. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 NEW BUSINESS Item No. 14 — This item was addressed earlier in the meeting and tabled to April 22, 2025. Item No. 15 — Resolution No. 2025-00811, Regal & Nautique of Orlando CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A NEW AND USED BOAT DEALERSHIP AND BOAT REPAIR IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Director Henschel presented the item. The applicant, Regal & Nautique of Orlando, would like to open a new and used boat dealership within an existing building at 102 South U.S. Highway 27. The property and building were previously used for an animal feed store, formerly known as Irish Trails Farm and Pet Supply. The existing building was constructed in 2002 and is approximately 15,000 square feet. The building has a loading dock and large warehouse doors on both sides of the building. These doors would allow larger deliveries, like boat motors and other large equipment, as well an access point to display boats internally inside the building. In addition, the applicant would like to have an outdoor display area of new and used boats within the existing parking lot. The property is zoned C-2 General Commercial with a Commercial Future Land Use. The property faces U.S. Highway 27, which is an arterial roadway, and is buffered from Bloxam Avenue in the rear by the site's storm water pond. Under Section 125-337 (a) (17) of the Land Development Code, a Conditional Use Permit is required for this type of use. The applicant will be fencing off a portion of the existing parking lot for a new/used boat display. This area will be on the north side of the property and will eliminate 18 parking spaces. Based upon the current parking code, a building this size for retail use is required to have 45 parking spaces. With the removal of the parking spaces within the boat display area, there will still be 47 spaces existing. A condition of approval for this display area is that ornamental fencing shall be used around the outside boat area. It will look similar to the fencing used in the businesses to the south, the Rental Depot equipment area. Staff have reviewed the application and proposed project regarding Section 101-212 Review Criteria for a Conditional Use Permit. The proposed use will not be detrimental to the health, safety and general welfare of the community. The use of the site is not out of character with the existing neighborhoods or adjacent properties. The Conditional Use Permit will not be in conflict with the Clermont Comprehensive Plan goals, objectives and policies for the current land use designation. Staff recommends approval of Resolution No. 2025-008R. The Planning and Zoning Commission recommended approval 7-0 with the addition of a condition for hours of operation, Monday - Friday 8 a.m. to 5 p.m., Saturday 8 a.m. to 4 p.m. and closed on Sunday. Council discussed the condition on the hours and inquired on why Planning and Zoning Commission put restrictions on the hours. The applicant, Jeffrey Husby stated that his dealership is a very high end professional business. This location would be a satellite to their Orlando location. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 Mayor Murry opened the public hearing. Bryan Bain, Planning and Zoning Commission Chair - Planning and Zoning Commission asked the applicant the hours of the business and those were the hours stated. The addition to the hours within the Conditional Use Permit was because of the service aspect of the business and not to create noise for the surrounding neighbors. Vincent Niemiec, Regency Hills — this will be a good project if they keep the boats where they are allowed. Michael Cramer, 208 Nautica Mile Drive. — in support of the project. Mayor Murry closed the public hearing. Council Member Petersen inquired as to the hours of the business. Mr. Husby stated that the hours for this location will mimic the hours of the Orlando location. The location will be mainly for sales and small services. Most service will be done in their service center in Orlando or dockside at the customer's location. Council Member Petersen moved to approve Item No. 15, Resolution No. 2025-008R, Regal & Nautique of Orlando CUP including the hours Planning and Zoning Commission recommended: seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing aye. Item No. 16 — Ordinance No. 2025-010, Vacate ROW Intro AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING OMAR STREET, ACCORDING TO THE PLAT OF WALTON SUBDIVISION, RECORDED IN PLAT BOOK 8, PAGE 5, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Council Member Petersen moved to introduce Item No. 16, Ordinance No. 2025-010, Vacate ROW: seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing aye. Police Chief Broadway spoke about his time with the City and his new opportunity in Kissimmee. Each Council Member, Interim City Manager Van Wagner along with the Mayor thanked Chief for his service to the City and wished him well on his future endeavors. Mayor Murry opened the floor for the public to speak about Police Chief Broadway. Otis Taylor, 3686 Caladesi Road — praised Chief Broadway for his work in the City. Larry Roberts, 8013 Sergeant Pepper Drive — spoke about his integrity and thanked him for his service. me] City of Clermont MINUTES REGULAR COUNCIL MEETING March 11, 2025 ADJOURN: With no further comments, this meeting adjourned at 5:39 pm. ATTEST: Tracy Ackro d Howe, MMC City Clerk 11 APPROVED: Tim Murry, Mayor