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Minutes - 08.11.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 The City Council met in a regular meeting on Tuesday, August 11, 2020 in the Clermont City Center. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Brishke, Travis, Bates, and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE A Moment of Silence was observed in place of an invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Ms. Sami Yackovetic. 4448 Powderhorn Place Drive, Clermont. — Wanted to address the issue of traffic on Hartwood Marsh Road, which affects 4,000 homeowners. She quoted from the City's comprehensive plan on matters of concurrency, stated that Hartwood Marsh is a failed road, and cannot handle more traffic. She asked that all development along Hartwood Marsh corridor be halted until the road is upgraded to a safe condition. Charlene Forth, 939 W. Desoto Street, Clermont — Spoke against Roman Gonzalez and the Council's approval vote of the Elyskian Hotel. Vincent Niemick. 4569 Barrista Drive, Clermont — He is a resident of Regency Hills and wished to speak on the Assisted Living Facility planned on Hartwood Marsh. City Attorney Mantzaris asked that he hold comments on Assisted Living Facility until its next agenda date. Mr. Niemick asked he could speak to the traffic on Hartwood Marsh. Attorney Mantzaris stated that was allowable. Mr. Niemick stated that both Hancock and Hartwood Marsh are rated as F for their level of service grading. He warned the Council to be aware of how busy those roads are. City Manager Gray reminded the Council that both Hartwood Marsh and Hancock are county roads, which the City has been fighting for years for the County to expand these roads. While the City has annexed in multiple properties abutting Hancock Road, Hartwood Marsh is still primarily in Lake County's jurisdiction. City Manager Gray stated that he would follow up with Mr. Niemick. REPORTS Mayor Ash stated that Council Member Brishke had a statement to make. Council Member Brishke announced her resignation from seat 4 of the Clermont City Council effective August 20, 2020. CITY MANAGER REPORT City Manager Gray began his report by wishing Council Member Brishke the best and stating that it has been a pleasure working with her. He then proceeded to announce a Special Election for the Seat 4 position. He spoke to the Supervisor of Elections and it will be on the November ballot. City Clerk Howe read the Mayor's Election Proclamation into the record. City Manager Gray explained that the elected candidate would fulfill the unexpired term, which will expire in 2021. City Clerk Howe provided the Council with the qualifying dates. City Manager Gray continued his report by reminding the Council that there is a Primary Election on August 18 for the County and Clermont City Council Seat 3. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 He also announced the August Workshop has been rescheduled to Thursday, August 20; the parking study will be on the agenda. City Manager Gray gave an overview of how community events were progressing while still in Phase 2. The numbers have since increased and while the City did allow some events to occur, administration is recommending a halt on events going forward. Any indoor events will have to wait until phase 3. However, the City will continue to allow the Farmers Market, now expanded onto Montrose Street with only the grocers; no entertainers or food trucks. City Manager Gray gave an update on Lake Minneola by informing the Council the St. Johns Water Management District has moved approximately $1.7 million to go into an algae cleanup prdject. The water authority is up to speed and the City will put a link on the website. City Manager Gray concluded his report by going through changes to agendas including items that will be tabled and/or withdrawn. Changes, motions and/or votes are reflected in each agenda item. CITY ATTORNEY REPORT - No report. CITY COUNCIL REPORT Council Member Bates — • Wished Council Member Brishke well. • Inquired about the Special Election and whether there would be an appointment in the interim. In regards to the question on vacancy, City Attorney Mantzaris stated that the City Charter states the Council "shall" appoint someone if there is a vacancy. If someone is running in the election, it does not preclude him or her from being appointed during the interim; however, it has been the policy of the Council to not appoint that individual. He feels the Council does need to appoint someone until the seat is filled. City Attorney Mantzaris later clarified that after rereading the charter that he would ask the Council to allow staff additional time to look into the issue regarding an appointment to fill the vacancy. He will provide the Council with a memorandum stating his legal opinion as to whether they are required to appoint an individual. Council Member Purvis • Congratulated the Fire Department on achieving an ISO 1 rating, and reminded the Council that they should also remember to acknowledge former Chief Carle Bishop who started the City on the process 10 years ago to achieve that status. Council Member Brishke — No Report Council Member Travis — • Commended Public Works employees for their hard word. Mayor Ash — • Attended the July 31 soft opening of Piesano's Pizza.; Attended the August 4 ribbon cutting of Piesano's; • Attended the August 5 memorial in honor of Cheryl Fishel. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 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 come forward at this time. Item No. 1— Plat Approval Item No. 2 — Surplus Request Item No. 3 — Cooper Library Agreement Item No. 4 — School Resource Officer Agreement Consider plat for the Canyons sections of the Highland Ranch subdivision for Phase 7, 45 lots. Consider declaring end of life inventory as surplus from Parks and Recreation, Public Services and the Fire Department and dispose of in accordance with the Procurement Services Policy. Consider termination of lnterlocal Agreement between Lake County and the City of Clermont for Cooper Memorial Library Funding (effective December 5, 2018) for expanded hours of the library. Consider School Resource Officer Agreement for Imagine South Lake Charter School. A member of the public requested to pull Item Number 3 for further consideration. MOTION TO APPROVE items 1, 2, and 4 of the consent agenda made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. Stephen Franklin, 378 121 Street, Clermont — Would like to see the city continue to support the library. City Manager Gray explained the library is currently closed due to Covid-19 during the extended hours the City is paying them to be open. The City needs to terminate the agreement in order to save its money as written in the agreement. Once operations return to normal, the City can resume funding at that time. MOTION TO APPROVE item 3 of the consent agenda made by Council Member Bates Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye UNFINISHED BUSINESS Item No. 5 —Ordinance No. 2019-14 —FINAL —Wise Annexation 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. This item was considered during the City Manager Report. City Clerk Howe read the legal title into the record. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 MOTION TO TABLE until the City Council meeting scheduled for December 8 2020 Ordinance No. 2019-14 made by Council Member Bates. Seconded by Council Member Brishke Passed unanimously with all members present voicing aye. Item No. 6 — Ordinance No. 2019-15 — FINAL — Wise Large -Scale CPA 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. This item was considered during the City Manager Report. City Clerk Howe read the legal title into the record. MOTION TO TABLE until the City Council meeting scheduled for December 8 2020 Ordinance No. 2019-15 made by Council Member Bates Seconded by Council Member Brishke Passed unanimously with all members present voicing_ave. Item No. 7 — Ordinance No. 2019-16 — FINAL — Wise PUD Rezoning AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, RECORDING. AND PUBLICATION. This item was considered during the City Manager Report. City Manager Gray informed the Council this ordinance was withdrawn. Item No. 8 — Ordinance No. 2020-03 —FINAL — CarMax Annexation 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. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 This item was considered during the City Manager Report. City Clerk Howe read the legal title into the record. MOTION TO TABLE until the City Council meeting scheduled for October 13 2020 Ordinance No. 2020-03 Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicingLaye. Item No. 9 — Ordinance No. 2020-04 — FINAL — CarMax CPA 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. This item was considered during the City Manager Report. City Clerk Howe read the legal title into the record. MOTION TO TABLE until the City Council meeting scheduled for October 13 2020 Ordinance No. 2020-04 made by Council Member Bates. Seconded by Council Member Brishke Passed unanimously with all members present voicing aye. Item No.10 — Ordinance No. 2020-05 — FINAL — CarMax Rezoning AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND PUBLICATION. This item was considered during the City Manager Report City Clerk Howe read the legal title into the record. MOTION TO TABLE until the City Council meeting scheduled for October 13 2020 Ordinance No. 2020-05 made by Council Member Bates. Seconded by Council Member Brishke Passed unanimously with all members present voicing aye. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 NEW BUSINESS Item No. 11— Lien Reduction Request — Prickett Development Services Director Curt Henschel presented the lien reduction request. In 2019, the City initiated a Code Enforcement case related to rubbish and garbage. The applicant has corrected the code issues, has paid over $27,000 in penalties, and is asking that the remaining balance waived. The property is currently in compliance, and staff recommends waiving remaining penalties and releasing the lien. Jack Prickett, Property Owner. — Applicant. Mr. Prickett apologized for the violations. He stated that he has paid over $27,000 in fines. He would appreciate consideration of the Council to waive the remaining balance. Mayor Ash opened the floor for comments from the public. Seeing no public come forth, the Mayor closed the floor from further comments. Council Member Purvis stated that although he normally opposes items like these, he is fully supporting the request as the applicant has paid significant penalty, has come into compliance, and is remorseful. MOTION TO APPROVE the lien reduction request to $0.00 and to release the lien made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 12 — Variance Request — 3324 Blossom Lane Development Services Director Curt Henschel presented the variance request to allow for a reduced rear yard setback at 3324 White Blossom Lane at Magnolia Park subdivision. The applicant is requesting construction of screen porch addition 13' x 36'. 16' from the rear property line. The proposed structure is not in conflict, and staff recommends approval of variance request. Chris Cornett, 3324 White Blossom Lane, Clermont — applicant. Requested consideration to be allowed to build; he confirmed there is no encroachment and conforms to other properties in the area. Mayor Ash opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont - Supported the request. Seeing no additional public come forth, the floor was closed from further comment. Mayor Ash asked for clarification if the setback was 16ft or 20ft as the documentation in their packet, states 20ft. Director Henschel clarified that it is 16ft. MOTION TO APPROVE the variance request for 3324 Blossom Lane made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 Item No. 13 — Variance Request — Indian Shores Development Services Coordinator Nicholas Gonzalez presented the request. The applicant is requesting three (3) setback variances to allow for the construction of a single-family residence. Beginning in 1999, several homes were constructed with approved variances. The lot in question was originally approved for a 20ft setback from the side property line, and was later approved for a 25ft rear setback and 25ft side setback, but because the development did not happen within one-year period the variance is no longer valid. The applicant is requesting a rear yard setback of 22ft, to allow for front yard setback of 25ft, and allow side yard setback of 25ft. The applicant's proposal is to construct a 3,443 sq. ft. house, which is well below the impervious surface ratio, and the requested setbacks are compatible to the existing homes in the neighborhood. The applicant would start construction to avoid expiration of the variance. Development Services staff recommended approval and concluded the staff presentation. Andrew Matella, 1713 Bella Lago Drive — applicant. Stated this was brought before Council last year. They were not ready to move forward last year due to unforeseen circumstances, but now they are and requests the Council to approve. Jerod Spencer. Unknown address — applicant. Informed the Council that other houses in the subdivision have been granted similar variances. Mayor Ash opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street. - Supported the request. Seeing no other speakers come forth, Mayor Ash closed the floor from further comments. Council Member Purvis recalled this variance being granted. He expressed concern about the size of the house on the lot and expressed opposition to the request. Council Member Bates inquired how the proposed home would conform to the surrounding lots. Mr. Matella replied that the total impervious is 3,443 sq. ft. of that 2450 sq. ft. is living space. Director Henschel added that the lot in question is a corner lot. Over thirty (30) lots in the subdivision have been granted variances. City Manager Gray reminded the Council that the Indian Shores subdivision has had multiple developers that makes it a unique neighborhood. Director Henschel stated that staff did not receive objections. Mr. Matella stated that he did not receive any objections. MOTION TO APPROVE the variance request for subject property made by Council Member Bates. Seconded by Council Member Brishke. Passed 4-1 with Council Member Purvis opposing_ 7 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 Item No. 14 — Event and Road Closure Request This item was considered during the City Manager Report. MOTION TO TABLE until the City Council meeting scheduled for September 8 2020 consideration of the event and road closure request made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. Item No. 15 — Ordinance No. 2020-29 —INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT UNNAMED RIGHT OF WAY LYING SOUTHERLY OF TRACTS 9 AND 10, AND NORTHERLY OF TRACTS 23 AND 24, AS SHOWN ON THE PLAT OF LAKE HIGHLANDS COMPANY RECORDED IN PLAT BOOK 2, PAGE 28, AND PLAT BOOK 3, PAGE 24, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST AND DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, PUBLICATION, RECORDING, AND FOR AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-29 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:34 pm. ATTEST: Tracy Ackroyd Howe, City Clerk �9 APPROVED: