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04-09-2019 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING April 9,2019 The City Council met in a regular meeting on Tuesday, April 9, 2019 in the Clermont City Council Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Brishke,Travis, Bates,and Goodgame. Other City officials present were City Manager Gray,City Attorney Mantzaris,and Deputy City Clerk Zinker. INVOCATION AND PLEDGE OF ALLEGIANCE Drew Marshall gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Expressway Authority City Manager Gray introduced Will Sloup and the Central Florida Expressway Authority to provide an update on the roadway corridor which will potentially connect US 27 to the 429. May 9, 2019 Council Workshop will contain more information for the Council to discuss. Will Sloup, Metric Engineering, Inc.,reviewed information regarding the Lake/Orange County Connector project to include future land use of the surrounding area,the project development process,project needs, PD&E study, an alternative corridor evaluation and analysis, public involvement, advisory groups, proposed typical section,and project schedule.The Lake/Orange County Connector has a total of six project needs.During the corridor evaluation a series of 800-foot wide corridors were developed and evaluated to determine how well the six project needs are satisfied. Individual meetings were held over the past several months with stakeholders and, in addition, staff from Lake and Orange County have been working with Central Florida Expressway Authority on the project.There is a possibility that the no-build alternative will be chosen as the alternative to the connector.Contact Kathy Putnam for additional information. City Manager Gray stated the alternatives for the Lake/Orange County Connector will be laid out on a large map and provided to the Council at the May workshop. Mayor Ash expressed support for planning for future road usage. PROCLAMATIONS Deputy City Clerk Zinker read the Child Abuse Prevention Month proclamation aloud. Mayor Ash presented the proclamation to Nichole James from the Department of Children and Families. Deputy City Clerk Zinker read the Water Conservation Month proclamation aloud. Mayor Ash presented the proclamation to Environmental Services Director Westrick. Environmental Services Director Westrick stated this year marks the 20th year of the proclamation. PUBLIC COMMENTS Fred Staudt, 1434 Westbury Drive,inquired about the Closed Session.City Attorney Mantzaris replied the applicable Florida Statute is 286.001. The Mayor will read a statement stating who will be present during the Closed Session before the Council breaks to go into the meeting. A court reporter will be present to record the discussion held during the Closed Session and a copy of which will be available after the conclusion of the litigation.City Manager Gray stated the Closed Session is published on the agenda which is posted to the public the Thursday before the Council Meetings. Charlene Forth, 939 West Desoto Street, inquired about the timing of the Closed Session. City Attorney Mantzaris stated Florida Statutes dictates the Closed Session must occur during a regularly scheduled Council meeting.Mrs.Forth expressed concern for the lack of signage or marker for the Police Department on US 27.City Manager Gray stated he would look into the situation. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 9,2019 CLOSED SESSION Private pending litigation session with the City Manager and the City Attorney to discuss settlement and legal expense issues related to a pending litigation matter involving the City of Clermont's approval of a Conditional Use Permit for Summit Construction Group (Citrus Tower Charter School). This meeting is . authorized and not open to the public in accordance with 286.011,F.S. Mayor Ash read aloud the following closed session statement: At this time the City Council meeting will be in recess for the Council to conduct a private pending litigation session as requested by the City Attorney and as authorized by section 286.011, Florida Statutes. The session is for the purpose of discussing settlement and expense strategy for pending litigation involving the appeal of the City's approval of a Conditional Use Permit for Summit Construction Management Group. The City Council,the City Manager,the City Attorney,and the City's litigation legal counsel handling the matter will attend the session.A court reporter will be present at the session and a transcript will be available after the conclusion of the litigation. The meeting will last approximately 30 minutes and the council meeting will resume thereafter at 7:25p.m. Mayor Ash recessed the meeting at 6:55pm.Mayor Ash reconvened the meeting at 7:29pm REPORTS City Manager Gray reported there will not be a Council Workshop next week due to the Charter Review Committee's public hearing for public input on charter changes which will occur on April 16, 2019 at 6:30pm in the Council Chambers. There will be a workshop on May 9 at 6:30pm to discuss transportation in the south part of city. City Attorney Mantzaris reported the City needs to determine whether to challenge the Court's Order Granting Petition for Writ of Certiorari which overturned the Council's approval of Summit Construction's Conditional Use Permit. The next step would be to file action in the Fifth District Court of Appeal. The concern is for the Florida Statutes and laws which were applied incorrectly by the Court.Specifically,a law applied by the Court was for counties and is not in regards to cities.The Court also misapplied the notice provisions as it relates to a Conditional Use Permit application. The Court's decision to apply the stated laws affects the Conditional Use Permit process which is conducted on a regular basis in the City. It is the recommendation of the City Attorney's office for the City Council to move forward with the petition to the Fifth District Court of Appeal. Council Member Travis moved to recommend the City Attorney's recommendation; seconded by Council Member Bates for discussion. Council Member Bates stated the Council is viewing the matter from a code standpoint and not from a proposed use standpoint as the code affects the entire City. Mayor Ash opened the Public Hearing. Fred Staudt, 1434 Westbury Drive, inquired if the City will still end up with the Charter School. City Attorney Mantzaris replied the Charter School is not currently permitted and the future will greatly depend on the appeal. Danielle Page,2422 Linkwood Avenue,expressed concern for the pursuit of an appeal. Charlene Forth, 939 West Desoto Street, expressed dissatisfaction with the City Attorney's recommendation and concern for the pursuit of an appeal. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 9,2019 Michelle Pines,550 East Avenue,expressed understanding of the Council's viewpoint and concern for the pursuit of an appeal. City Attorney Mantzaris replied to public comments stating the issue is not an issue of the principal of the City Attorney or the opinion of the City Attorney's office.The issue is regarding far reaching matters related to the City as a whole.A portion of the Order which was issued by the Court creates a huge uncertainty as to how notices on future applications are to be addressed. The City needs clarification in order to proceed with the Conditional Use Permit process for future applications. Mayor Ash closed the Public Hearing. Council Member Goodgame inquired if there is more to the appeal. City Attorney Mantzaris replied if the Court had only stated that the City Council made the wrong decision,then the City Attorney's office would not be recommending to appeal the Court's decision. The Court,however,applied Florida Statutes which applies to counties. The 30-day notice provision mentioned in the cited Florida Statute does not apply to conditional use applications. The Court reached an arguably acceptable decision which the City would accept however the process and notice issues are far reaching issues which need to be addressed and at least confirmed or clarified. City Attorney Mantzaris clarified the motion is to authorize the City Attorney's office to file a petition with the Fifth District Court of Appeal to challenge the Circuit Court of Lake County's decision on the Conditional Use Permit. Council Member Goodgame requested a summation of what the City is going to be doing should the Council decide to move forward with the appeal and the corresponding possible results. City Attorney Mantzaris stated information was provided on what was previously filed in the Circuit Court and the petition will be filed next week with the Appellate Court should the Council decide to move forward. Council Member Bates inquired if the appeal could be for one particular item. City Attorney Mantzaris stated the appeal has to be to the whole document and cannot be for only one item however,the Appellate Court could say that the law was misapplied but that the Circuit Court's decision stands. The motion passed with all members present voting aye. Council Member Bates—No report. Council Member Goodgame reported concern with the County's spending of tourism funds and would like more information on how the County is using the funds.He requested City Manager Gray to look into it. City Manager Gray stated Council Member Travis serves on the Tourism Development Committee in the County and the City currently has a$750,000 grant request submitted to the Committee. Council Member Brishke—No report. Council Member Travis reported on Wednesday, April 3, she attended the State of the City which was addressed to the local realtors. Yesterday, she attended the Tourism Development Committee meeting where two capital projects are being considered for capital spending. One of the capital projects is for the City's boat ramp. The Tourism Development Committee votes on a recommendation to the County Commission where the County Commission votes on how much money is given to the cities.The Tourism Development Committee's vote will be on April 22,2019 at 9:00am at the Agricultural Center. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 9,2019 Mayor Ash reported on March 28, she attended the fourth meeting of the Citizens Academy at City Hall. On March 29, she was visited at home by Andy Craig, the publisher and owner of the new Clermont Neighbors magazine.Also present was photographer Stuart Wilson,Kathryn Deen,and Nick Gonzalez.On March 30, she attended the 7's Annual Charity Gala in support of the Mike Conley Hospice House here in Clermont.Council Member Goodgame and his wife were also present at this event.On April 1,she attended the swearing in of the City's newest police officer,Michael Davis,at the Clermont Police Department.On April 4, she joined the Citizen's Academy at Fire Station No. 1. Council Member Brishke was present at Fire Station No. 1 as well. On April 8, she attended a public workshop at the City Center by the Florida Department of Transportation where the emphasis was on State Road 50 from Bloxam Avenue to 12th Street.Additional public meetings will be held in the future for public input. CONSENT AGENDA Mayor Ash advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1—Meeting Minutes Consider approval of the March 26,2019 Council Meeting minutes. Item No. 2—Surplus Request Consider approval to declare end of life inventory as surplus from Parks and Recreation Department and dispose of in accordance with the Purchasing Policy. Item No.3—Resolution No. 2019-12R Consider approval of the Assignment of Interlocal Agreements between the City of Clermont, Lake County and Lake EMS. Item No.4—Grant Agreement and Budget Consider grant agreement between the State of Amendment Florida Department of Environmental Protection Recreational Trails Program (#T1827) and the City of Clermont — Legacy Loop Trail in the amount of $200,000 for the Downtown Waterfront District Phase 2 and a budget amendment. Council Member Goodgame moved to approve the Consent Agenda;seconded by Council Member Bates.The motion passed with all members present voting ave. UNFINISHED BUSINESS Item No.5—Ordinance No.2019-21,Final Deputy City Clerk Zinker read Ordinance No.2019-21 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the Code of Ordinances of the City of Clermont,granting a garbage collection franchise to JJ's Waste&Recycling,LLC providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 9,2019 City Manager Gray stated the request is for a normal franchise agreement with a garbage collection company. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Goodgame moved to approve Ordinance No. 2019-21; seconded by Council Member Bates.The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No.6—Ordinance No.2019-18,Introduction Deputy City Clerk Zinker read Ordinance No.2019-18 aloud by title only. An Ordinance of the City Council of the City of Clermont,Lake County,Florida,providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date,severability,recording,and publication. Council Member Bates moved to introduce Ordinance No. 2019-18;seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No.7—Ordinance No.2019-19, Transmittal Deputy City Clerk Zinker read Ordinance No. 2019-19 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 Statues;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. Planning Manager Kruse presented the applicant's request for a large-scale comprehensive plan amendment on the subject property. The property is approximately 12 acres south of State Road 50. The Senninger manufacturing plant is located adjacent to this parcel to the west.The proposed map amendment will change the future land use from Lake County's Regional Office to the City's Industrial.The City's Industrial Future Land Use allows up to 1.0 Floor Area Ratio. Staff recommends approval of the transmittal of the large- scale comprehensive plan amendment to change the future land use from Lake County Regional Office to the City's Industrial Future Land Use. The Planning and Zoning Commission recommended 6 to 0 for approval. Major Stacy,221 Lee Road, Suite 27,represents the applicant and was present for any questions. Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing. Council Member Bates moved to transmit Ordinance No. 2019-19; seconded by Council Member Goodgame.The motion passed with all members present voting aye. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 9, 2019 ADJOURN: With no further comments,this meeting adjourned at 8:04pm. APPROVED: -_ Gail L. Ash, Mayor ATTEST: te' Tracy Ackr. d Howe,City Clerk • I. :,,