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Minutes - 08.25.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 The City Council met in a regular meeting on Tuesday, August 25, 2020 in the Clermont City Center. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Travis, Bates, and Purvis. Other City officials present were Assistant City Manager Dauderis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE A Moment of Silence was observed followed by the Pledge of Allegiance. PUBLIC COMMENTS Samii Taylor, 4480 Powderhorn Place Drive, Clermont. — People have vandalized and trespassed on private property about political campaign signs. Council Member Purvis asked for specifics on where the incidents occurred. Ms. Taylor replied that she read on Next Door that it was happening in the Legends and Kings Ridge developments. Vincent Niemiec. 4569 Barrister Drive, Regency Hills, Clermont — Mr. Niemiec displayed a map of 2004 Hartwood Marsh and talked about the dangers of the road and the need for the upgrade. Commended Council Member Purvis and Mayor Ash for speaking out in the past against high -density development along Hartwood Marsh. Mr. Niemiec stated that he attended the Lake County Board of County Commissioners (BCC) meeting and learned that the SR455 extension to Hartwood Marsh has been funded, but the widening of Hartwood Marsh is in limbo. He asked if an applicant is in violation of their Conditional Use Permit and/or Resolution such as when they have not submitted a traffic impact study to the Clermont Council and/or the BCC, what the repercussions of that violation are. Kyah Mohammad. 177 Legends Street, Clermont — Spoke on wireless and small cell communications. She asked the Council to consider a moratorium on 5G technology. Linda Charlton, 901 CR 561, Clermont — She asked if anyone knows whether the transmitters/poles mentioned by the prior speaker have wind resistance requirements. REPORTS CITY MANAGER REPORT Assistant City Manager Dauderis provided the City Manager's Report. She informed the Council of several agenda changes including the withdrawing of Item No. 16 due to it being added prematurely. Any actions taken by the Council are recorded at the relevant agenda item. She announced that the First Budget Public Hearing is scheduled for 6:30 PM on September 3 at the Clermont City Center. CITY ATTORNEY REPORT City Attorney Mantzaris - No report CITY COUNCIL REPORT Council Member Bates - No report. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 Council Member Purvis - No report. Council Member Travis — • Attended the Lake Apopka Natural Gas board meeting and reviewed budget. • Commended Public Works for the repaved portion of Waterfront Park and Grand Highway. Mayor Ash — No report. 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— Meeting Minutes Item No. 2 — Term Contract Award Item No. 3 — Term Contract Award Item No. 4 — Term Contract Award Item No. 5 — Bid Award Item No. 6 — Dispatch Services Agreement Item No. 7 — Single Source Purchase and Budget Amendment Item No. 8 — Resolution No. 2020-51R Budget Amendment 2 Consider approval of minutes: July 21, 2020 Budget Workshop; July 22, 2020 Budget Workshop; July 28, 2020 Council Meeting; and August 11, 2020 Council Meeting. Consider award to All City Management Services, Inc. to provide crossing guard services for school year 2020-21 in the annual budgeted amount of $53,049.60 Consider award to Show Masters Production Logistics, Inc for on -call audio/video services in the total estimated contract value for the initial three- year term is $65,000. Consider award to Recreation Today of Idaho LLC to purchase picnic tables on an as -needed basis. Consider award to Carr & Collier, Inc for the expansion of the rapid infiltration basin in the budgeted amount of $1,189,307. Consider Lake County Sheriffs Office agreement renewal from October 1, 2020 to September 30, 2021 in the budgeted amount of $488,733.80 for a one-year term. Consider single sole source purchase and software maintenance from Pileum Corporation to acquire body worn cameras for police officers in the total amount of $440,500; and a budget amendment of $220,250 (General Fund, Infrastructure Fund, and Police Impact Fund) associated with the costs for the first year of the contract. Consider FY 2020 budget amendment. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 MOTION TO APPROVE the Consent Agenda for August 25, 2020 made by Council Member Bates. Seconded by Council Member Travis. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 9 — Ordinance No. 2020-16 — FINAL — Hartwood Marsh Assisted Living Facility CPA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, 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. This item was considered during the City Manager's Report. City Clerk Howe read the legal title of the ordinance into the record. MOTION TO TABLE consideration of Ordinance No. 2020-16 until January 26, 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 10 — Ordinance No. 2020-17 — FINAL — Hartwood Marsh Assisted Living Facility PUD 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's Report. City Clerk Howe read the legal title of the ordinance into the record. MOTION TO TABLE consideration of Ordinance No. 2020-17 until January 26, 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 Item No. 11— Ordinance No. 2020-21— FINAL — Medium Density Residential FLUAmendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAIN OF THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING TEXT CHANGES TO THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TO AMEND THE MEDIUM - DENSITY RESIDENTIAL FUTURE LAND USE CATEGORY; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. City Clerk Howe read the legal title of the ordinance into the record. City Planner John Kruse made the staff presentation. Planner Kruse stated this is a text amendment for Future Land Use map in the downtown area. This ordinance was transmitted to the state in June and received responses of no comments or no adverse impacts. On a map displayed by Mr. Kruse, he explained the text change is only applicable to properties in downtown shaded with dark brown. The current medium density permits eight (8) dwelling units per acre with a bonus density up to 40 dwelling units per acre. Currently, any development greater than this would require a Conditional Use Permit (CUP). This change would provide development at a higher density, which would encourage pedestrian traffic downtown. Staff recommends approval of ordinance. Mayor Ash opened the floor for comments from the public. Samii Taylor, 4480 Powderhorn Place Drive, Clermont — Opposed the text change. Asked that the Council consider the possible environmental impacts. Seeing no further public come forth, Mayor Ash closed the floor from further comments. Council Member Bates asked if the text change allows an applicant to go to twelve (12) dwelling units per acre without coming before the Council. Planner Kruse stated that anything over eight (8) dwelling units per acre would need to return to the Council for a CUP. Council Member Purvis asked what the goal of this text change is if an applicant still needs to come to the Council for anything over the eight (8) dwelling units per acre. Planner Kruse responded that the goal is to create a transition step from 25 to twelve (12) for residential development. Council Member Purvis expressed a concern with the scope of the downtown area saying that it is too large. Council Member Travis stated the reason they drew a map that encompassed the residential areas was to increase the density downtown so that the business could survive. MOTION TO APPROVE and adopt Ordinance No. 2020-21 made by Council Member Bates. Seconded by Council Member Travis. Passed 4-0 on a roll call vote with each member present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 Item No. 12 — Ordinance No. 2020-29 — FINAL —Advent Health Right -of -Way Vacation 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 1N 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. City Clerk Howe read the legal title of the ordinance into the record. City Planner John Kruse made the staff presentation. Planner Kruse presented the Right of Way (ROW) vacation request. An old right of way recorded from 1914 currently has no purpose or reserved use. The applicant has petitioned for the closure of this ROW. Staff recommends approval of the vacation. Mayor Ash opened the floor for comments from the public; seeing no public come forth, the floor was closed. MOTION TO APPROVE and adopt Ordinance No. 2020-29 made by Council Member Bates Seconded by Council Member Travis. Passed 4-0 on a roll call vote with each member present voicing_aye. NEW BUSINESS Item No. 13 — Lien Reduction Request — 365 Citrus Tower Development Services Director Curt Henschel provided the staff presentation. The applicant is seeking a full waiver of the fees. Director Henschel stated the fine was assessed due to wind banners that violated City Code. Director Henschel reviewed the history of the case, including the contacts made with the building tenant, and explained how the amount grew to $3,100. He displayed a photo of the property, which is now in compliance. This concluded the staff presentation. Joe Zagame, 230 Mohawk Road, Clermont — Stated that he had the property for 23 years and has never received a notice until this situation. He stated that the City's method is flawed in contacting only the fee simple owner of a property rather than the property manager. He stated that he holds a long-term lease on the property in question and was not notified by the property owner of the violation or fine. Once he learned of the violation, he corrected it. The tenant who was the cause of the violation is no longer there, but he is still dealing with this issue. He concluded by saying that he has seen multiple instances of similar flags and expressed doubts if the code is being enforced by the City anymore. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 City Attorney Mantzaris, in response to Mr. Zagame's accusations against the City's communication methods and enforcement of the code, informed the Council that the property owner resides in Winter Haven, FL and that the method of contacting the fee simple owner is set by the state legislature, not the City. He explained that this went to lien quickly because of numerous prior issues with the property owner and other properties in the city. He also stated that the ordinance has not changed and that code enforcement is enforcing the laws of the City as directed. Council Member Purvis stated that he understands the disconnect and is disturbed by the amount of the fine. He would support a 50 percent reduction. Council Member Purvis asked who paid the taxes on the property. Mr. Zagame stated that he pays the taxes. City Attorney Mantzaris stated that the tax bill is sent to the John P. Adams Trust in Winter Haven and reiterated that Florida Statutes Chapter 162 requires notice to the property owner. Charlene Forth interrupted the Council discussion to ask if the Council was going to open the item for public comment. Attorney Mantzaris stated that the Council Members would take public input prior to a vote. Council Member Purvis told Mr. Zagame that his issue is not with the City, he needs to rectify his communication with his business partner. Mayor Ash opened the floor for comments from the public. Charlene Harrison Forth, 939 W. Desoto Street, Clermont — Mayor Ash asked that Ms. Forth refrain from demeaning the Council during her comments. Ms. Forth stated that she is building a case file to give Director Henschel filled with code violations. She asserted that the City's code enforcement is reactive and not proactive. Seeing no other public come forth, Mayor Ash closed the public hearing. Council Member Bates asked how long this has been going on. Director Henschel responded that the violation was identified in May 2019 and communication was made with the business that was the cause of the violation. Fines began accruing in December 2019 and a lien was imposed in January 2020. Council Member Bates stated he wants the applicant to know that the City is in the right and that the process was followed; with that understood, he is not opposed to removing the lien. Council Member Travis stated that she is not in favor of lien elimination due to the City costs involved and then the taxpayers would pay. She asked Director Henschel what the City's costs are. Director Henschel stated they are approximately 10 to 15 percent of the penalty or approximately $350. MOTION TO REDUCE the penalty from $3,000 to $1,000 payable within 30 days made by Council Member Purvis. Motion dies for lack of a second. MOTION TO REDUCE the penalty from $3,000 to $350 payable within 30 days made by Council Member Travis. Seconded by Council Member Bates. Vote of 2-2 with Council Member Purvis and Mayor Ash opposing. Motion Fails. MOTION TO REDUCE the penalty from $3,000 to $800 payable within 30 days made by Council Member Purvis. Motion dies for lack of a second. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 Attorney Mantzaris reminded the Council that they do have the option to leave the lien in place. Mayor Ash said that she is not in favor of grand reductions to liens, and the Council needs to enforce the penalties they levy. If the Council feels that a penalty is too high, they should change the penalty, but not keep reducing liens after the violation and imposition. MOTION TO REDUCE the lien penalty from $3,000 to $400 payable within 30 days made by Council Member Bates. Seconded by Council Member Travis. Passed 3-1 with Mayor Ash opposing_ Mr. Zagame told the Council that businesses are hurting and these fines are not helping the situation and recommended the Council change their regulations to be better for business. Item No. 14 — Resolution No. 2020-21R — South Lake Hospital Bed Expansion CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION AT THE SOUTH LAKE HOSPITAL TO INCLUDE A NEW INPATIENT TOWER WITH BED EXPANSION AND MASTER SITE PLAN IMPROVEMENTS. City Clerk Howe read the resolution into the record by title only. City Planner John Kruse presented the staff presentation. Planner Kruse informed the Council the applicant is seeking a Conditional Use Permit (CUP) to allow for an expansion that will bring total beds to 250. With the new tower, Orlando Health is proposing to reroute traffic to establish a main entrance off Legends Way. Orlando Health has committed to fully fund a signalized intersection. Both staff and the Planning & Zoning Board recommend approval of the application. This concluded the staff presentation. Paul Johns, COO, Orlando Health South Lake — Stated that the Clermont region's population growth has increased. They have been doing a master plan. This is the proposed and request to move forward. Aaron Bottlehorn, Orlando Health — Orlando Health is asking for approval of the master site plan to add a new patient site tower. The five (5)-story tower will bring 110 beds to the community. This will reroute main traffic away from Don Wickham Drive to Legends Way and convert Don Wickham to a right-in/right- out entrance. This will allow for a parking field on the south side of the Tower for new patients and visitors without having to cross the street. It improves safety and access. It consolidates two access points on Citrus Tower. This will consolidate two access points to one with a signaled intersection. Council Member Purvis stated he would like to see hospital traffic separated from construction traffic. Mayor Ash opened the floor for comments from the public. Ebo Entsuah 861 Skyward Road, Clermont — Spoke in support. Says the expansion will help reduce capacity, which is at 92 percent. Joe Gustafson, Corsica Lane — Spoke in support. Seeing no others come forth, Mayor Ash closed the floor from further comments. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 Council Member Bates asked if the building would be connected to the current building. Mr. Johns said all the buildings will be attached and they will do a redesign of the main lobby. MOTION TO APPROVE the CUP request for South Lake Hospital contained in Resolution 2020- 21R made by Council Member Travis. Seconded by Council Member Bates. Passed unanimously vote with all members present voicing aye. ~ Item No. 15 — Resolution No. 2020-30R — Artwalk Eatery CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR EATERY BUSINESS IN THE CENTRAL BUSINESS DISTRICT. City Clerk Howe read the resolution into the record by title only. Development Services Director Curt Henschel presented the staff presentation. Development Services Director Henschel presented the Conditional Use Permit application. He displayed for the Council on a map where the eatery is located in the art walk area. The proposal is for two 8 foot 8 foot pads in a courtyard. The hours of operations will be consistent with current downtown regulations. Both staff and the Planning and Zoning Board recommend approval. Alex Stringfellow, Winter Park — applicant. The eatery is being renamed to Clervue after the old drive-in theater. He provided examples of the design. He stated this project brings activity downtown that is able to interact in a safe manner. Mayor Ash opened the floor for comments from the public. Tom Kovach, 15537 Pandera Drive — supported the proposal. Mark Graf, 1944 Brantley Circle — supported the request. Meredith Nagel, 1990 Village Green Blvd, Clermont — supported the request. Darren Johnson, 1075 W. Lakeshore Drive — supported the request. Jeff Powell, 713 W. Montrose — supported the request. Jayson Stringfellow, 1455 W. Lakeshore Drive — applicant. Provided the Council with an overall update on the Art walk. They are currently selling plaques, which will raise over $120,000 towards improvements to the art walk. Seeing no further public come forth, Mayor Ash closed the public hearing. Council Member Purvis disclosed that he met with Jayson and Alex Stringfellow. He is concerned about a 25 sq. ft. concrete pad that is in dispute between the Stringfellow's and their neighbor. He feels that one party is being deprived. He stated that he would support the CUP with a caveat. He wants a commitment from the Stringfellow's to resolve the dispute regarding the concrete pad. Jayson Stringfellow asked for clarification as they are requesting a Conditional Use Permit from the City Council. He admitted there is a boundary dispute, but it is not applicable. Council Member Purvis stated that he believed it was applicable as the 5 x 5 concrete pad is shown in their site plan drawings. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 25, 2020 City Attorney Mantzaris stated that he is aware of civil litigation regarding the dispute. He encourages and cautions the Council about getting involved in civil actions. However, he added that the applicant is asking for a required approval from the Council and any Council Member can put any legal condition on their personal vote, even if it is not relevant to the matter at hand. Alex Stringfellow stated this is a preexisting civil matter that pre -dates this application regarding access. Mayor Ash stated that they are not getting involved in this civil issue and the Council is considering the approval of an outdoor eatery. MOTION TO APPROVE the CUP request for Artwalk Eatery LLC contained in Resolution 2020-30R made by Council Member Travis. Seconded by Council Member Bates. Passed 3-1 with Council Member Purvis opposing_ Item No. 16 — Ordinance No. 2020-31— INTRODUCTION — No Wake/Idle Speed Zones AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; AMENDING CHAPTER 70 "WATERWAYS" OF THE CODE OF ORDINANCES, CREATING ARTICLE I "SPEED LIMITS", SECTION 70-1 "AUTHORITY", SECTION 70-2 "DEFINITIONS", SECTION 70-3 "IDLE SPEED NO WAKE ZONES, SECTION 70-4 "ADOPTION OF SPEED LIMITS" AND SECTION 70- 5 "ENFORCEMENT AND PENALTY"; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Staff requested that this item be pulled from the agenda. No action was taken. ADJOURN: With no further comments, this meeting adjourned at 8:03pm. APPROVED: I v 4- Gail L. Ash, Mayor ATTE Tracy Ackroyd Howe, City Clerk