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Minutes - 07.14.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 The City Council met in a regular meeting on Tuesday, July 14, 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 Assistant City Manager Dauderis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said followed by a Moment of Silence. Mayor Ash gave a Covid-l9 update and the city's response. She informed the public that City Hall is open to a limited capacity and City meetings are continuing to be held at the Clermont City Center. She stated that the meeting tonight was being live streamed on the City's YouTube. There are approximately 700 cases in the Clermont area. She stated that in regards to a facemask mandate, the City of Clermont would follow the lead of Lake County. However, the City is continuing to promote the use of facemasks on a voluntary basis. Assistant City Manager Dauderis provided an update on changes to the agenda. She asked that Agenda Item No. 8 be tabled to July 28; the council tabled the item. Assistant City Manager Dauderis asked that Agenda Items No. 10 and 11 be tabled until the meeting on August 25, 2020; after City Clerk Howe read the legal titles into the record, the items were tabled until August 25. Assistant City Manager Dauderis also asked that Agenda Items No. 13 and 14 be tabled until the meeting on July 28, 2020; after City Clerk Howe read the resolution legal title into the record, the items were tabled until July 28. PUBLIC COMMENTS Mike Long. Southern Style BBQ — Seeking a special use permit for a food trailer due to Covid-19 decreasing sales. City Attorney Mantzaris suggested that Mr. Long get with Development Services staff to fill out the proper paperwork. Sue Cordova. 2768 Kingston Ridge Drive — Inquired about the order of meetings. Affirmed her belief that items had to go to the Planning & Zoning Board before coming to City Council for introduction and adoption. City Attorney Mantzaris responded the City Code does not define the process for the order of which meetings must go to before final hearing. He clarified that the process dictates that the Planning and Zoning Board must hear an item before final adoption, but it does not have to be before the first reading/introduction. Ms. Cordova asserted that the City adopted Robert's Rules of Order, which requires it go to the Planning and Zoning Board first. Attorney Mantzaris corrected Ms. Cordova and stated that Robert's Rules of Order does not require an application go to the Planning and Zoning Board before coming to Council for first reading. Mayor Ash stated that their might be some confusion because the Council does not vote on an ordinance at first reading; they set the date for the public hearing. Paula Hoisington. 564 E. Desoto Street — She spoke to Council last month on speed on Pitt Street and Desoto Street. They are continuing to have a problem with their mailbox getting knocked down by speeding traffic. She is concerned about the dangers of the situation. She also spoke about the areas around the Lincoln Park/Pine Crest neighborhood where she feels that streetscapes are not being maintained. She told the City Council that they need to pay attention to all areas of Clermont. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 Sarni Yacjevdic. 4480 Powder Horn Place Drive — Wished to speak about Assisted Living Facility. Attorney Mantzaris informed the Council that it is inappropriate to hear the comment at this time. He informed Ms. Yachevidc that she would need to wait for the public hearing. Kim Grogan. 1030 W. Lakeshore Drive — Thanked Council and staff for supporting their event on July 4. REPORTS CITY MANAGER REPORT Assistant City Manager Dauderis reported the budget workshops will be July 21 and 22 at 6:30pm at the Clermont City Center. CITY ATTORNEY REPORT - No report. CITY COUNCIL REPORT Council Member Bates — No report. Council Member Purvis — • Speeding in the City has become visible in the middle of the day. He asked the Mayor to discuss with the City Manager on ways to implement an immediate speed measure in the City to reduce speeding. Council Member Brishke — No report. Council Member Travis — Attended meeting for the Tourism Development Council (TDC). Informed the Council that hotels are up to 37% occupancy that is an improvement. The TDC is not providing any capital assets right now since funding is down. TDC marketing is up 250%. 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 please come forward at this time. Item No. 1 — Minutes Approval Item No. 2 — Surplus Request Item No. 3 — Piggy Back Contract Consider minutes of June 16, 2020 City Council Workshop and June 23, 2020 City Council Meeting Consider declaring end of life inventory as surplus from Environmental Services, Building Services, Information Technology and the Police Department and dispose of in accordance with the Purchasing Policy. Consider City of Port Orange contract piggyback with Danus Utilities, Inc. to provide rehabilitation of sanitary sewer manholes in the anticipated budgeted contract value of $100,000. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 Item No. 4 — Bid Award Item No. 5 — Professional Consultant Service Agreement Amendment Item No. 6 — Interlocal Agreement Item No. 7 — Resolution No. 2020-37R Consider award to Northeast 11, Inc. d/b/a TC Delivers to provide utility bill mailing and printing services in the estimated annual budget amount of $140,000. Consider first amendment of agreement with Kinz Consulting, LLC in the budgeted amount of $45,000. Consider agreement with Lake County for Traffic Sign Maintenance and Emergency Repairs for regulatory sign maintenance in the estimated annual budgeted amount of $24,000. Consider resolution amending the FY 2020 budget. MOTION TO APPROVE the Consent Agenda of JuIV 14, 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 8 — Variance Request — TABLE TO JULY28 — Mirror Lake Subdivision This item was heard out of order and was considered during opening comments by the Mayor and Assistant City Manager immediately after the pledge of allegiance. MOTION TO TABLE the hearing of the variance request for the Mirror Lake Subdivision until July 28.2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimous!y with all members gresent voicing aye. Item No. 9 — Ordinance No. 2020-15 — FINAL — Elyksian Hotel 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. City Clerk Howe read the legal title into the record. Council Member Travis disclosed a financial interest conflict and stated that she would not be participating in the discussion or voting. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 City Planner John Kruse gave a brief presentation regarding the history of the project thus far and restating highlights of prior discussions. He stated that after the last meeting when the Council requested that the applicant decrease the height of the project, they submitted a new plan showing a 5ft decrease in the overall height of the building. This concluded the staff presentation. Alex Stringfellow. 2735 Woodside Ave, Winter Park. — Applicant Representative. Mr. Stringfellow thanked the Council for prior discussion and heard that they believe a hotel is needed in the downtown. He stated they have the support of the business community. He highlighted changes that they made to the original concept. He stated that they removed an entire floor from the building, which required them to slightly widen the proposed site plan. This resulted in an overall reduction from 80ft to 75ft. The front of the building is 66ft in height. Mayor Ash opened the floor for comments from the public. Keith Mullins. 640 Drew Avenue, Clermont. - Local business owner downtown. Supports the hotel. Wayne Wolf, 11606 Osprey Pointe Blvd., Clermont — Believes it will be good for business. Supports the project. Kim Grogan, 1030 W. Lakeshore Drive, Clermont. - Supports the hotel. Dani Page, Tuscany Ridge. - Expressed concern with the downtown parking situation, especially with a second hotel, soon to be proposed, for the downtown area. Donald Tindle. 108 Nautica Mile Drive, Clermont - Supports the hotel. Gary (Unknown). Lake Senior Games. - Supports the hotel. Charlene Forth, 939 W. Desoto Street, Clermont. - Expressed concern with the height. Joe Gustafson, 3699 Corsica Lane, Clermont. - Supports the hotel. Stated he supported the hotel in its original format, not the revised one before them this evening. He talked about reasons why the height restrictions were put in place and why they are obsolete today. Cecelia Bonifay, Akerman Law Firm. — Applicant Representative. Encouraged support for the project. She stated that this is an exciting and dynamic project for the city and the applicant has made the changes necessary. Clarified that the applicant is moving forward with the revised application. Seeing no further comments, Mayor Ash closed the public hearing. Council Member Bates inquired about the parking. Mr. Stringfellow stated that they have an agreement, which is permitted by code. They have a lease in place with the abutting funeral home with fifty (50) additional parking spaces, which is executed, and in place; they are adding an additional twenty-four (24) parking stalls downtown. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 Council Member Bates asked if there was a term on the lease. Mr. Stringfellow responded that the lease is not in perpetuity and can be cancelled, but there is no specific sunset. Council Member Purvis agreed with the parking concerns. He is concerned that a hotel is a labor- intensive industry with staff, but staff parking is not provided for. He feels that the City may want to revisit the parking code and height restrictions in the central business district. Council Member Brishke asked what the height of the front fagade is. Mr. Stringfellow stated it is about 66ft. She stated she supports the project, but has concerns about parking. MOTION TO APPROVE and adovt Ordinance No. 2020-15 as amended by the applicant made b_v Council Member Purvis. Seconded by Council Member Brishke. Passed on roll call vote 3-1-1 with Council Member Bates opposing and Council Member Travis abstaining. Item No. 10 — 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 heard out of order and was considered during opening comments by the Mayor and Assistant City Manager immediately after the pledge of allegiance. MOTION TO TABLE consideration of Ordinance No. 2020-16 until August 25. 2020 made b Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 11— Ordinance No. 2020-17 — FINAL — Hartwood Marsh Assisted Living Facility 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 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, RECORDING, AND PUBLICATION. This item was heard out of order and was considered during opening comments by the Mayor and Assistant City Manager immediately after the pledge of allegiance. MOTION TO TABLE consideration of Ordinance No. 2020-17 until August 25, 2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing ave. Item No. 12 — Ordinance No. 2020-25 — FINAL — Medical Marijuana Dispensary AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, RELATED TO MEDICAL MARIJUANA DISPENSARIES AND, AMENDING CHAPTER 18 `BUSINESSES", ARTICLE III, "MEDICAL MARIJUANA DISPENSARIES AND CANNABIS FARMS", SECTIONS 18-85, "PURPOSE AND DEFINITIONS", 18-86 "MEDICAL MARIJUANA DISPENSARIES AND CANNABIS FARMS PROHIBITED" AND 18-88 "EFFECT OF ANNEXATION" DELETING AND REPEALING THE PROHIBITION ON MEDICAL MARIJUANA DISPENSARIES; AMENDING CHAPTER 82 "GENERAL PROVISIONS", SECTION 82-12 "LAND USE DEFINITIONS" TO ADD A DEFINITION OF "MEDICAL MARIJUANA DISPENSARY"; AMENDING CHAPTER 122 "ZONING", ARTICLE III `DISTRICTS", DIVISION 10 "C-1 LIGHT COMMERCIAL DISTRICT", SECTION 122-203 "PERMITTED USES", DIVISION 11 "C-2 GENERAL COMMERCIAL DISTRICT", SECTION 122-223 "PERMITTED USES", DIVISION 12 "CBD CENTRAL BUSINESS DISTRICT", SECTION 122-243 "PERMITTED USES" TO ESTABLISH MEDICAL MARIJUANA DISPENSARIES AS PERMITTED USES; AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. City Clerk Howe read the legal title of the ordinance. Development Director Curt Henschel provided the staff presentation. Director Henschel stated that this is a staff initiated text amendment. He provided a short history of medical marijuana in Florida and in Clermont. In 2017, Clermont banned medical marijuana in Clermont in the best interest of the citizens. The text amendment before them would allow medical marijuana dispensaries in Clermont in the zoning districts provided for in the text. He concluded his presentation by informed the Council that both staff and the Planning & Zoning Board recommend approval. Mayor Ash opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont — Supports the ordinance change. Jerod Taylor — Nelcrest Drive, Clermont. — Supports the ordinance. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 Seeing no one else come forth, Mayor Ash closed the floor from further comments. Council Member Purvis stated that when this was discussed in 2017, he was in support of the ban as written at that time. He has since changed views, but has concerns about the proposed ordinance. It appears to him as if dispensaries would be allowed to open anywhere. Attorney Mantzaris informed the Council that the state legislature has preempted the City so they can only regulate dispensaries as they do pharmacies. MOTION TO APPROVE and adopt Ordinance No. 2020-25 made by Council Member Bates. Seconded by Council Member Travis. Passed unanimously on roll call vote 5-0. NEW BUSINESS Item No. 13 — 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. This item was heard out of order and was considered during opening comments by the Mayor and Assistant City Manager immediately after the pledge of allegiance. MOTION TO TABLE consideration of Resolution No. 2020-29R until July 28 2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing_ave. Item No. 14 — Variance Request — Woodhouse Spa This item was heard out of order and was considered during opening comments by the Mayor and Assistant City Manager immediately after the pledge of allegiance. MOTION TO TABLE the hearing, of the variance request for the Woodhouse Spa until July 2020 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing_aye. Item No. 15 — Ordinance No. 2020-24 — INTRODUCTION— 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. City Clerk Howe read the legal title into the record. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 MOTION TO INTRODUCE for future consideration Ordinance No. 2020-24 made by Council Member Bates. Seconded by Council Member Brishke. Passed Unanimously with all members present voicing Me. Item No. 16 — Ordinance No. 2020-28 — INTRODUCTION— 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. City Clerk Howe read the legal title into the record. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-28 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing, aye. H. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 14, 2020 ADJOURN: With no further comments, this meeting adjourned at 7:33 pm. Tracy Ackroyd Howe, City Clerk 0 APPROVED: Gail L. Ash, Mayor