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Minutes - 07.28.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 The City Council met in a regular meeting on Tuesday, July 28, 2020 at the Clermont City Center. Mayor Ash called the meeting to order at 6:30 pm 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 Deputy City Clerk Brian Lueth. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation given by Pastor Chris Tabone of the First United Methodist Church was followed by the Pledge of Allegiance. After the pledge, Mayor Ash gave an update on Covid-19 and the City's response. She informed the Council that there are 700 cases in 34711, and over 1,000 cases in the surrounding area. She also stated that the City Center remains closed, but the City administration is constantly evaluating the services that can be provided. PUBLIC COMMENTS Darren Johnson. 1075 West Lakeshore Drive, Clermont — Commented on Bike Trail downtown. He told the Council that the trails are becoming dangerous. He sees people being nearly hit by bicyclists. His uncle was hit with three other senior citizens recently. Mr. Johnson displayed a photo of his uncle in the hospital. Dani Page. Tuscany Ridge subdivision, Clermont — Commented on business dealings with her HOA. She wanted to bring attention to issues dealing with local POA/HOA's, specifically Sentry Management, which she asserts has not been following Florida Statutes. She warned against dealing with HOA's who cannot follow the law. Rachelle Carrol. 2479 Hastings Blvd., Clermont — Commented on crosswalk safety. She expressed concern about Steve's Road and Hooks Street and Steve's Road and Citrus Tower Blvd. City Manager Gray asked that Development Services follow-up with Ms. Carrol. Charlene Forth. 939 West DeSoto Street, Clermont — Commented on races that close streets in residential areas. She does not support and stated she plans to sue the City if additional races are authorized in her neighborhood. In response to Ms. Forth, Council Member Purvis requested discussion on a future agenda regarding activities in residential and non-residential areas. City Manager Gray reminded the Council that any street closures have to be approved by the City Council. Kimberly Grogan 1030 West Lakeshore Drive, Clermont. — Commented on the letter received by Ms. Forth. She informed the Council that a proposed racecourse must be noticed to residents before it comes to a vote before the City Council. She stated that races promote the City and are an economic enhancer. She stated that she welcomes any feedback and concerns. City Manager Gray stated that the July 4 run was requested by the residents as a way to celebrate the holiday since all other activities had been cancelled. City Manager Gray stated that his office did not receive any complaints from the Fourth of July event. He stated that he understands that there are issues of residential versus business, and he will bring it forward on an agenda. Mayor Ash stated that the public might comment on residential versus business use of streets during the workshop. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 REPORTS CITY MANAGER REPORT City Manager Gray informed the Council that "Pig on the Pond" festival manager Cheryl Fishel had passed away. She was a great supporter of youth in the community and it is a huge loss. City Manager Gray continued that there is a storm brewing in the Caribbean. The City is preparing and keeping an eye on the storm. There were two (2) changes to the agenda to items 11 and 12. Motions and votes recorded at the agenda item. CITY ATTORNEY REPORT City Attorney Mantzaris — No Report CITY COUNCIL REPORT Council Member Bates — No Report Council Member Purvis - Requested for 30 seconds of silence for Cheryl Fishel. Council Member Brishke - Attended Grand Opening of 50 West. The inside is amazing with exposed wood and many windows. It is an amazing building. Council Member Travis - No report Mayor Ash - No report - Spoke in memory of Cheryl Fishel. This is a huge loss for the City of Clermont. 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 — Right of Way Dedication Item No. 3 — Professional Civil Engineer Services Agreement 2 Consider approval of the minutes from the July 14, 2020 City Council Meeting. Consider dedication of city owned property as required by Lake County to become additional right-of-way on Hancock Road. Consider proposal for Civil Engineer Professional Services with Tetra Tech for the Sunburst Lane Water Treatment Plant and Potable Water Storage Tank in the budgeted amount of $384,591. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Item No. 4 — Piggyback Contract Consider request to piggyback the Osceola County contract with Folsom Services, Inc to provide preventative maintenance and repairs of HVAC low/high voltage equipment and controls in the estimated budgeted amount of $100,000 Item No. 5 — Piggyback Contract Consider piggyback of the Orange County contract with Hydra Services, Inc to provide the purchase and repairs of submersible pumps and parts in the estimated budgeted amount of $50,000 Mayor Ash opened the floor for comments from the public; seeing no public come forth, the floor was closed. MOTION TO APPROVE the consent agenda for July 28, 2020 made by Council Member Brishke. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 6 — Resolution No. 2020-29R — Woodhouse Spa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A BUSINESS TO OCCUPY MORE THAN 3,000 SQUARE FEET OF FLOOR SPACE IN THE CENTRAL BUSINESS DISTRICT. City Manager Gray requested that items 6 and 7 be heard together and voted on separately. The Council consented to the request. Deputy City Clerk Lueth read the legal title into the record. City Planner John Kruse provided the presentation. Planner Kruse highlighted that the 6,000 sq. ft. building, which is allowed under code but requires approval of the City Council as it is over 3,000 sq. ft. The structure consists of two (2) parcels. The total project is 1/4 acre in size. The building will be under the 55 ft. height limitation and will not be to the property line. Both staff and Planning & Zoning Board recommend approval. In regards to the variance request in agenda item 7, Planner Kruse explained the applicant is requesting a reduction of landscape requirements. The landscape will be installed, but the width is smaller than code requires. The reduction in buffer was reviewed by the fire department and was approved without objection. Staff recommends approval. This concluded the staff presentation. Darren Johnson. 1075 West Lakeshore Drive, Clermont - Applicant. Mr. Johnson provided an overview of business. A day spa provides all different types of treatments. It is a resort type of spa, found at an affordable price, not attached to a resort. Council Member Purvis asked for the treatments to be read. Mr. Johnson read the treatments. Mayor Ash opened the floor for comments from the public. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Stephen Franklin. 378 12' Street — Requested from the Council that he be allowed to reflect on Cheryl Fishel's life before his time limited comments on the agenda subject. There was no objection from the Council. Mr. Franklin stated that it is a wonderful looking building. He feels that the building will be an asset to the downtown. He is, however, concerned about the number of employees and customers. He is concerned about parking. Charlene Forth. 939 West DeSoto Street, Clermont. - Concerned about parking downtown. Seeing no further public come forth, Mayor Ash closed the floor from further comments. Council Member Bates asked about parking. Mr. Johnson said he purchased the one (1) acre lot across the street, and he has submitted a parking plan. Council Member Travis asked if the property he purchased is the property that was sold to Mark Graff. Mr. Johnson said yes and the City currently leases the property from him now. Council Member Purvis stated he is concerned about the overuse of the property and the possible parking issue. He believes that Mr. Johnson is not being forthcoming about future intentions of the property. Council Member Brishke stated that she agrees with Council Member Purvis. She believes that the property is too large to be a parking lot. City Manager Gray clarified that the variance request is not for the building size. The building size is allowed under the current code; however, any building over 3,000 sq. ft. needs a conditional use permit. Council Member Travis asked how many parking spaces are required. Mr. Johnson said thirteen (13) spots are required; he has five (5) on -site. Mayor Ash inquired about the occupancy. Mr. Johnson stated he does not know at this time. City Manager Gray informed the Council it is too early to tell. Occupancy numbers are identified during the site review process. City Attorney Mantzaris stated that the current parking agreement does not meet the City Code. It is not a lease; what is required is a permanent parking encumbrance recorded in the public records. If the parking goes away, then so does the business. City Manager Gray stated there are two parking lots to consider, and there are more areas for parking. Mr. Johnson clarified the eight (8) spots that are required for the proposed business are not a part of the area that is leased by the City. Council Member Purvis asked if overflow would be at the historic village. Mr. Johnson said it would not be at the historic village. MOTION TO APPROVE the conditional use permit contained in Resolution 2020-29R made by Council Member Bates. Seconded by Mayor Ash. Passed 3-2 with Council Members Purvis and Brishke opposing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Item No. 7 — Variance Request — Woodhouse Spa Presentation heard with agenda item no. 6. MOTION TO APPROVE the variance request for the Woodhouse Spa made by Council Member Bates. Seconded by Mayor Ash. Passed 3-2 with Council Members Purvis and Brishke opposing_ Item No. 8 — Variance Request — Mirror Lake Subdivision Development Services Director Henschel presented. The applicants are requesting six (6) variances, on 21 lots. The zoning is R1, low density residential. The six variances would be for: 1. Private streets rather than public streets 2. Construction of a cul-de-sac at the end of the street with no intermediate cul-de-sac 3. Reduction of landscape buffer along east property line to five (5) ft. instead of ten (10) ft 4. Reduction of the street right-of-way to fifty (50) ft. from sixty (60) ft. 5. Construct sidewalk on only one (1) side of street instead of both sides 6. Reduction of front setbacks to twenty (20) ft. instead of twenty five (25) ft. The development would have one (1) access point. The Council has previously approved variances for a 24-lot development at this site but it was never constructed. Staff does not support the variance requests. This concludes staff presentation. Director Henschel informed the Council that he spoke with Mr. David Black, the adjoining property owner to the West, who is requesting a fence and a 15ft landscape buffer if approved. Wade Boyette. 12913 Tiger Lily Court, Clermont — applicants representative. Introduced the applicant team and stated they are not opposed to Mr. Black's requests. Cam Bradford. Winter Garden, FL. Home Builder — applicant representative. Regarding emergency vehicle access, they will demonstrate that the Clermont fire trucks can make the turn on the radius uninterrupted. He added that they would put in a lighted crosswalk for bicyclists and pedestrians across Old Highway 50. Mayor Ash opened the floor for comments from the public; seeing no one come forth, the floor was closed. Council Member Bates and Travis disclosed they had met with the applicant individually prior to the Council meeting. Council Member Bates had a concern with the landscape -buffering request. Mr. Bradford clarified that only affects property 5 — 9, as they are the lots with the narrowest lines. Council Member Purvis disclosed that he met with the applicant approximately ten (10) weeks ago and was told they would address the number of variances before coming to Council. He is disappointed that ten (10) weeks later the plan has not changed. Council Member Bates asked if this is the same owner as was granted variances before. Mr. Bradford stated that it is not the same owner. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Mayor Ash echoed concerns about emergency access. City Manager Gray clarified for the Council that those items are addressed during the site review process, which has not been initiated yet. Council Member Purvis asked if the Fire Department have the authority to lessen any of these conditions pending outcome. City Manager Gray said only the City Council could amend things. The applicant also has to meet state code. MOTION TO APPROVE the applicants requests as amended with the following provisions: 1) a fence be constructed along the western border; 2) a 15ft landscape buffer be implemented along the western border; 3) reduction of landscape buffer along the east property line to five (5) ft only will apply to lots 5-9.; 4) reduction of the street right-of-way to fifty (50,) ft only; 5) Construction of a sidewalk may only be on one (1) side of the street; and 6) reduction of the front setbacks to tweM (20) ft will only pply to lots 5-9 made by Council Member Travis. Seconded by Council Member Purvis. Passed 4-1 with Council Member Purvis onnosiniz. Item No. 9 — Ordinance No. 2020-24 — FINAL — Governor's Lake 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, RECORDING, AN EFFECTIVE DATE, AND PUBLICATION. Deputy Clerk Lueth read the tile into the record. Director Henschel gave the staff presentation. He explained this development is known as Kings Crossing Commercial, and this ordinance rectifies conflicts with prior passed ordinances. The Planned Unit Development was previously approved by the City Council. There are no other changes, but resolves a textual issue raised by the title company. Both staff and the Planning & Zoning Board recommend approval. Jimmy Crawford. — Applicants representative. Reiterated that there is no change to the approved PUD. MOTION TO APPROVE and adopt Ordinance No. 2020-24 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously on roll call vote with all members voting aye. Item No. 10 — Ordinance No. 2020-28 — FINAL — School Concurrency Text Amendment AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA, RELATED TO CONCURRENCY MANAGEMENT, AND AMENDING THE CODES OF ORDINANCES, CHAPTER 90 CONCURRENCY MANAGEMENT, ARTICLE III, SECTION 90-31. SCHOOL CONCURRENCY; AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Deputy Clerk Lueth read the legal title into the record. City Planner Kruse made presentation. He explained the ordinance provides for the altering of residential capacity to allow for greater concurrency. This is compatible with surrounding jurisdictions. Both staff and the Planning & Zoning Board recommend approval. Council Member Purvis asked what prompted staff to address this. City Manager Gray stated that many cities do it this way. The Clermont code does not clarify the reservation of capacity for schools. They may not build, but this reserves capacity for planned developments. MOTION TO APPROVE and adopt Ordinance No. 2020-28 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously on roll call vote with all members voting aye. A ten (10) minute recess was called by Mayor Ash at 8: IOPM. The meeting resumed at 8: 20PM. 10 WIN :IBM lei ORRI Item No. I I — Resolution No. 2020-21R — South Lake Hospital Bed Expansion 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. This item was considered out of order during the City Manager's Report. Deputy City Clerk Lueth read the legal title into the record. MOTION TO TABLE consideration of Resolution No. 2020-21R until the City Council meeting of August 25, 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 12 — Resolution No. 2020-30R — Artwalk Eatery 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. This item was considered out of order during the City Manager's Report. Deputy City Clerk Lueth read the legal title into the record. MOTION TO TABLE consideration of Resolution No. 2020-21R until the City Council meeting of August 25, 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Item No. 13 — Resolution No. 2020-33R — Clermont Oncology A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO RE -DESIGNATE ALLOWABLE USES FOR PARCEL I WITHIN THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT. Deputy Clerk Lueth read the legal title into the record. City Planner Kruse provided the staff presentation. The parcel in question is located at the intersection of Steve's Road and Citrus Tower Boulevard. The applicant would like to change the use from worship use to office use. The facility would be approximately 40,000 sq. ft. of office space for medical offices. The applicant has not requested any variances for this project and has increased the landscape buffering against the existing residential to the west. The proposed buffering would be 40 ft. wide instead of the ten (10) ft. wide. The proposed plan shows an ingress and regress access point on both Citrus Tower and on Steve's Road. The Transportation Impact Study shows 220 trips per hour. The level of service for both Steve's Road and Citrus Tower Blvd is D. Both staff and the Planning & Zoning Board recommend approval. The Planning & Zoning Board recommended the additional condition that the applicant provide a solution for enhanced safety at the Steve's Road access point. This concluded the staff presentation. Cecilia Bonifay. Ackerman Law Firm, Orlando — applicant's representative. She is representing Dr. Gupta who is proposing Clermont Oncology for this site. This will be a new facility. She stated they took the feedback received from the Planning & Zoning Board hearing and adjusted their plan to increase pedestrian safety along their property. However, Ms. Bonifay stated the school board informed them those children who use the schools locate on Excalibur Drive do not live, immediately West of Citrus Tower Blvd. Ms. Bonifay showed a map received from the School District. She stated that students who utilize those schools and could walk live much farther to the West and have to cross multiple driveways to get the schools. Christopher Gordon. Interplan LLC, Orlando — applicant representative. Mr. Gordon is the planner for the project. He stated they made additional changes in response to the feedback received. They have the following enhanced proposals: 1. Write "STOP" on the sidewalk in bright yellow paint. 2. Put a pedestrian crossing sign. 3. Put a visual marker above the crosswalk such as pavers. 4. Put a detectable warning such that is used for those who are blind. Mr. Gordon stated this is the most signage he has seen planned for a single driveway in his career. Mayor Ash opened the floor for comments from the public. Stephen Franklin. 378 12' Street, Clermont — Concerned about the safety of the intersection. Would prefer to see a single entrance on Citrus Tower Blvd. Opposed to a driveway on Steve's Road. Trista Fauts. 1727 Chickadee Way, Clermont — Lives in Lost Lake Community off Excalibur. Concerned specifically with the driveway off Steve's Road. Would prefer to see two entrances on Citrus Tower. Kristy Moliberan. 151 South Grand Highway, Clermont — Concerned with second entrance on Steve's Road. 91 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Dani Page. Tuscany Ridge, Clermont — Requested that the Council disregard any communication they have received from the Lost Lake Property Owners Association as they have not been following Florida Statutes nor insuring her due process as alluded to in her comments during the public comment period. She is opposed to the crosswalk enhancements believing they will not assist. She believed that the traffic report submitted also does not take into consideration multiple factors such as the occupancy of the nearby The Addison property. Due to Ms. Page exceeding her three (3) minute allotted time and insisting that she be allowed to continue with her comments, Mayor Ash ordered that her microphone be cut off and that Clermont Police Officers escort Ms. Page away from the podium. Mayor Ash called a recess at 8: 40PM at the request of the Council members in order to allow the situation time to defuse. The meeting resumed at 8: 46PM. Nancy Hensley. 3734 Peaceful Valley Drive, Clermont — Continued Ms. Page's comments. Opposed to Steve's Road entrance. Vincent Niemiec. Regency Hills, Clermont — Concerned about number of parking stalls planned. Favors the crosswalk idea. Supports the building, opposed to Steve's Road entrance. Charlene Forth. 929 West DeSoto Street, Clermont — Disagreed with the actions taken against Ms. Page. Council Member Purvis interceded that Ms. Forth's comments were not relevant to the topic being discussed. Ms. Forth disagreed. Mayor Ash stated that never in her tenure as Mayor has she ever had to ask someone to leave the microphone. She then asked that the focus be returned to the item under consideration. Cecelia Bonifay. Ackerman Law Firm, Orlando — applicants representative. Ms. Bonifay began by stating that though she did not object at the time, she objects to the attack by Ms. Page against her HOA's credibility made during the Public Comment period for items not on the agenda. She asserted that Ms. Page was misusing that time as those comments were clearly intended for this discussion item. She asserted that Ms. Page did in fact then have more than her three (3) minutes when adding the times together. Ms. Bonifay continued that she has not heard or seen any data or evidence for any of the allegations that have been made. She took offense that the Lake County staff names invoked when they were not present. She stated that they had the written comments of said staff, which their engineer can speak to though they plan to address comments received at time of site plan review. Ms. Bonifay said that the statements made by Ms. Page are lies provided to undermine and denigrate a traffic study done by a certified engineer. Tony Luke. Luke's Engineering Consultants, Orlando — applicant representative. Mr. Luke said that he has been doing traffic studies since 1984. He discussed the methodology of the traffic study. Ms. Bonifay returned to the podium for any other questions. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Council Member Purvis asked how the designation of church/school came to be on the parcel. Ms. Bonifay who was part of the development of Lost Lake Reserve over 20 years ago stated that it was designated that as a placeholder for institutional use and nothing more. Council Member Purvis asked what the second building use would be for on the site. Ms. Bonifay stated that the second building does not have a use yet other than a medical office purpose as identified in the CUP. Council Member Purvis asked how many kids cross the street at Citrus Tower and Steve's Road when schools in session. Ms. Bonifay said it is under 20. Council Member Purvis asked if the City has ever had a Crossing Guard at that intersection. City Manager Gray responded that the City has not. City Attorney Mantzaris reminded the Council that they could impose conditions on the site. Council Member Bates asked if the applicant had considered utilizing only one entrance. Ms. Bonifay stated that that was not the way the transportation study was done. Council Member Purvis disclosed that he has spoken the applicant's representatives prior to the meeting specifically regarding the access issue on Steve's Road. Council Member Travis asked if they could do a second entrance on Citrus Tower and avoid the Steve's Road issue. Ms. Bonifay stated that because she does not know the impact of the Councils request that they table the issue until the next meeting. Mr. Luke stated that the County would not allow a second entrance on Citrus Tower. There is a safety concern there, as well because of the stress it would put on Citrus Tower. A second entrance is also helpful for quick access for emergency services. Council Member Brishke asked if the City could look into this intersection and the problems raised by residents. City Manager Gray stated that Citrus Tower Blvd. is a County Road, but the Police Department is able to do enforcement. He also reminded that Citrus Tower Blvd. was constructed to connect US27 to the hospital as a bypass. MOTION TO DENY made by Council Member Purvis. Motion dies for lack of a second. Niplem Gupta. Unknown Address — Applicant. The looked at having two (2) entrances, but due to topography it is not possible. They do not have to have an access on Steve's Road, but it does a disservice not to for a variety of reasons. MOTION TO APPROVE as presented with the condition that the Steve's Road access be a right in/right out made by Council Member Bates. Seconded by Council Member Brishke. Passed 4-1 with Council Member Purvis opposing. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Item No. 14 — Variance Request — Clermont Yacht Club Development Services Director Henschel made the staff presentation. The applicant is asking for a variance from the property maintenance code for a four (4) acre parcel of land. The applicant is stating that due to topography the property is unable to be maintained. Staff does not recommend approval stating that other properties in the City with challenging topography have found ways to maintain their property. Paul Schroeder. 535 Drewry Lane, Winter Springs — applicant. Mr. Schroeder clarified that the property is tiered which makes it difficult to mow. He is asking that the embankment along Grand Highway be allowed to grow naturally and not have to be maintained. He asserted that kids and animals are destabilizing the embankment by running up and down towards Grand Highway. Mayor Ash opened the floor for comments from the public. Ron Melichek. 205 Harbor Cove Way, Clermont — Opposes the variance. Michelle Wasniak. 203 Readings Way, Clermont — Opposes the variance. Steve Franklin. 378 12' Street, Clermont. — Opposes the variance. Suggested a retaining wall. Trista Fauts. 1727 Chickadee Way, Clermont — Opposes the variance. Charlene Forth. 939 West DeSoto Street. — Opposes the variance. Seeing no other public come forth, Mayor Ash closed the floor from further comments. Council Member Purvis asked for a point of order in that two Council Members reside in the Yacht Club neighborhood and asked if they needed to abstain from voting. City Attorney Mantzaris clarified that the Yacht Club HOA does not own the property, so there is no direct gain to the Council Members regarding the vote. MOTION TO DENY the variance request made by Council Member Travis. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. Item No. 15 — FY 2021 Proposed Ad Valorem Millage Rate Finance Director Brosonski made a short presentation on the proposed millage rate and the remaining budgetary process. There will be no change in the next fiscal year. Mayor Ash opened the floor for comments from the public; seeing no public come forth, the floor was closed. MOTION TO APPROVE the proposed millage rate of 4.2061 for FY 2021 made by Council Member Brishke. Seconded by Council Member Bates. Passed unanimously with all members present voicing aye. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 Item No. 16 — Ordinance No. 2020-05 — INTRODUCTION - CarMax 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. Deputy City Clerk Lueth read the legal title into the record. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-05 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members voicing aye. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2020 ADJOURN: With no further comments, this meeting adjourned at 10:20 pm. ATTEST: Tracy Ackroyd Howe, City Clerk 13 APPROVED: Gail L. Ash, Mayor