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Minutes - 10.27.2020 - City Council Regular MeetingCrtr of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 The City Council met in a regular meeting on Tuesday, October 27, 2020 in the Clermont City Council Chambers. Mayor Pro Tern Travis called the meeting to order at 6:30 pm with the following Council Members present: Council Members Bates and Purvis. Absent: Mayor Ash Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. M70CATION AND PLEDGE OF ALLEGIANCE The invocation was given by Cuqui Whitehead followed by the Pledge of Allegiance. PROCLAMATIONS A proclamation was presented to Lt. Gary Schindele in recognition of Red Ribbon Week. The proclamation was read into the record by City Clerk Howe. A proclamation was read into the record by City Clerk Howe in recognition of Arbor Day 2020. REPORTS CITY MANAGER REPORT City Manager Gray informed the Council that Mayor Ash is still recovering, and is doing better. He then publically informed the Council that he has accepted a position with Orange County as Deputy County Administrator. He was appointed and confirmed by the Board of County Commissioners that morning and his last day will be December 11. He recommends the Board wait until after January 5 to appoint a new City Manager so that it is done with a full City Council. He has been working with Assistant City Manager Dauderis and Human Resources to update the City Manager job description which will be made available for the Council to review. He also recommends that Ms. Dauderis be allowed to lead the city until a decision is made to move forward. There was discussion among the Council Members as to whether to appoint Ms. Dauderis that night or wait a couple meetings. MOTION TO APPOINT to the position of Interim Ci Manager, Susan Dauderis effective upon the resignation of Darren Gray made b • Council Member Purvis. Seconded by Council Member Bates. Passed unanimously with all members present voicing aye. PLTBLIC COMMENTTS Vincent Nimicek, 4569 Barrister Drive, Clermont — Mr. Nimicek attended the Lake County Commission meeting and witnessed there 5 to 0 approval of an additional 80 homes on Hartwood Marsh Road. He now understands the pain the City has had to put up with. He publicly apologized to City Manager Gray and thanked him for his service. City Manager Gray informed the Council that the City did send a formal letter of objection to the development and staff attended the hearing. He accepted Mr. Nimicek's apology. Charlene Forth, 939 W. Desoto Street, Clermont — congratulated City Manager Gray. Lavonte Rogers, 667 W. Osceola Street, Clermont — Thanked Inside Clermont for the "Meet the Candidates' forum. Also, thanked City Manager Gray for his assistance with Moonlight Players. Kiah Mohammad, 177 — Opposes 5G technology in Clermont. Cih, of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 David Surter, Fruitland Park — Encouraged people to vote. Max Krusinksi, 3497 Embers Lane, Clermont — Congratulated City Manager Gray. Encouraged the Council to be braver and lead with regards to events and businesses and Covid-19. A lot of businesses looking for direction and support. Seeing no further comments from the public, Mayor Pro Tern Travis asked City Manager Gray if there was anything else to report. City Manager Gray asked the Council if they would like to cancel the workshop on November 17 and the Council meeting on November 24. MOTION TO CANCEL the workshop on November 17 and the meeting of November 24 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicigg a e. City Manager Gray continued by addressing complaints regarding Parks and Recreation. Those issues have been resolved, and the staff is looking to update policies. City Manager Gray then asked Assistant City Manager Dauderis to provide an update on the CARES Act. Assistant City Manager Dauderis informed the Council that the CARES Act funds were approved yesterday. Clermont will receive S 1.9 million of which $634,000 was submitted for reimbursement. The remaining S1.3 million will be spent before December 1 and all projects completed by December 30. In order to cover costs the County applied and receive a line of credit. Clermont should receive the dollars within the next week, and will receive remaining funds after receipts are submitted. Council Member Purvis asked if the received funds will be used to reimburse the City's reserves. City Manager Gray responded that the funds taken out of reserves will replaced REPORTS CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — No report. Council Member Purvis — Attended a funeral for Dr. Stevens of Montverde Academy Mayor Pro Tern Travis — • Attended Lake Apopka Natural Gas meeting. • Shout out to the staff at Cooper Memorial Library. • Youth Council packaging toiletry bags for the homeless. Thanked City Clerk Howe for all her work with them. • Will be walking with the Fire Department for Breast Cancer Awareness Month. 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. Citt• of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 Item No. 1— Minutes Approval Item No. 2 — Temporary Access License Item No. 3 — Piggyback Agreement Consider the approval of minutes of September 22, 2020 and October 13, 2020 Council meetings. Consider approval of temporary access license agreement between the City and the Art District. Consider FMPA contract piggyback with Ferguson Waterworks to provide the purchase and delivery of water and wastewater supplies in the estimated budgeted amount of S 150,000, Item No. 4 — Event, Road Closure & Alcohol Request Consider event, road closures and alcohol request for "LIVE at Victory Pointe" on March 20, 2021. Council Member Purvis asked that agenda item 2 be pulled for further discussion. City Manager Gray informed the Council that the race course in item 4 is the same as what was approved for November. The November race was cancelled and now there is one scheduled for March. MOTION TO APPROVE items 1. 3 and 4 of the consent agenda for October 27. 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimouslv with all members present voicing ave. City Attorney Mantzaris informed the Council that this is a temporary license with a 60 day termination. Council Member Purvis asked what happens if one parry cancels at the end of the 60 days. City Attorney Mantzaris said that it is to provide access for the public, so if it is canceled the public will not have access. MOTION TO APPROVE item 2 of the consent agenda for October 27, 2020 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. UNFINISHED BUSINESS Item No. 5 — Light Up Clermont Discussion Parks and Recreation Director Scott Davidoff presented a follow-up on the Light Up Clermont alternative options. Director Davidoff highlighted the possible events that included: • Virtual tree lighting ceremony with Mayor and City Council • Clermont's Enchanted Holiday Village of Trees — community organizations and local business tree displays at Victory Pointe. • Downtown businesses holiday decorating contest. • Cookie and Cocoa Walk. • Kiwanis group will still decorate around Center Lake. • Clermont Downtown Partnership will hold their Friday Food Truck event. • Live Drive -by Nativity City Manager Gray told the Council that the City has since learned that a number of churches already do live nativities. 3 Cih° of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 Mayor Pro Tem Travis opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street. Clermont — Supported the options. Melissa Norris, 1121 Lake McCormic, Clermont — Supported options. Would like to see more that would open the City more. Noted Groveland approved Christmas parade. Lavonte Rogers, 667 W. Osceola Street. Clermont — Supports the option, but would like to see a full reopening. Groveland approved Christmas parade. Unknown, Unknown — Speaking on behalf of Joa Macnalie. Suggested a drive thru light show. Penny Macully — Speaking on behalf of Joa Macnalie. Suggested a drive in show. Kimberly Grogan, 1030 W. Lakeshore, Clermont — Suggested Santa on a boat and fireworks on the lake. The Clermont Downtown Partnership would like to help with the marketing. Seeing no further comments. the floor was closed. Mayor Pro Tem Travis stated that unfortunately the fireworks are gone. Council Member Bates asked about blocking off City Hall Park for the virtual ceremony instead of having it at the Arts & Recreation Center. There was discussion about crowd control. Director Davidoff said that they could have the food trucks spread further down Montrose to keep the crowds separated. MOTION TO APPROVE all the sugaested events except the nativity made by Council Member Purvis. Seconded by Council Member Bates. Passed unanimously with all members present voicing ave. Item No. 6 — Ordinance No. 2020-33 FINAL — LDC Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF CLERMONT, CHAPTER 90 "CONCURRENCY MANAGEMENT", ARTICLE I, "IN GENERAL", SECTION 90-7 "ESTIMATION OF DEMAND FOR PROPOSED DEVELOPMENT"; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title. Planning Manager Kruse made the staff presentation. Planner Kruse informed the Council that this is a staff initiated code change. In the past year, the City has approved bid awards to three (3) firms and the Development Services department rotates through these firms when assigned task orders. This ordinance provides clarity that the applicant is responsible to pay the review fee. Staff recommends approval and the Planning & Zoning Board approved the ordinance 7/0. Mayor Pro Tem Travis opened the floor for continents from the public. Charlene Forth, 939 W. Desoto Street, Clermont — Supports the text change. 4 Cite of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 MOTION TO APPROVE and adopt Ordinance No. 2020-33 amending the Land Development Code made by Council Member Bates. Seconded by Council Member Purvis. Passed 3/0 on a roll call vote with all members present voicing aye. Item No. 7 — Ordinance No. 2020-34 FINAL — Clermont Ridge Senior i'illas 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. Item No. 8 — Ordinance No. 2020-35 FINAL — Clermont Ridge Senior 1,7111as 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. Item No. 9 — Ordinance No. 2020-36 FINAL — Clermont Ridge Senior 1111as 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. Agenda items 7, 8, and 9 were heard together and read into the record by City Clerk Howe by legal title only. Planning Manager Kruse provided the staff presentation. 5 Cih° of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 Planning Manager Kruse informed the Council that the applicant is requesting annexation into the City of Clermont. The City will supply water and sewer as the property is within the City's service area. Staff recommends approval of the annexation. Planning Manager Kruse continued that the applicant is asking for a small scale comprehensive plan amendment changing the density from Lake County urban medium to Clermont high density residential designation. This will allow up to 12 units per acre. The applicant has indicated that the additional dwelling units per acre will maximize the availability of needed senior housing in Clermont. The subject property is within 2,000 feet of South Lake Hospital, medical offices, public transportation and will not be out of character with surrounding properties. Staff recommends approval. Planning Manager Kruse concluded stating the applicant is asking for a rezoning of the property to Planned Unit Development (PUD) so that the property can be age restricted and have up to 93 units available. The proposed development will be similar to the conceptual site plan. The proposal is for residential use only and is exempt from school concurrency requirements for capacity. The PUD zoning will allow for certain waivers of code regulations. The applicant is requesting that the units be allowed to be 550 sq. ft. instead of the required 600 sq. ft. minimum. Staff recommends approval of the request and the Planning & Zoning Board recommended approval 7/0. Steve Smith. Clermont — Applicant. Mr. Smith talked to the Council about the growing demand for affordable housing in Clermont. This development will have 93 apartments for seniors. This could provide for additional people living on social security in the City of Clermont. On the east side development, they will be taking applications soon. They are projecting that there will be more people in need of affordable senior housing due to Covid-19. Mayor Pro Tern Travis opened the floor for comments from the public. Ebo Entsuah, 861 Skyridge Road, Clermont — Supports project for senior living. Charlene Forth., 939 W . Desoto Street, Clermont — Says that the city minimum is 600 sq. ft. and the development should be held to nothing less than that. Mr. Smith clarified they are asking for only 84 units, not 93, and that the units are 580 sq. ft. with the whole unit is over 600 sq. ft. when one includes the front porch. City Manager Gray asked if Mr. Smith is saying that he does not need that waiver in the PUD. Development Services Director Henschel clarified that the outdoor porch is not considered in the calculation for livable space, and so Mr. Smith will still need the waiver. Seeing no further comments from the public, Mayor Pro Tern Travis closed the floor. Mayor Pro Tern Travis asked if any of the Council Members went to the development. She encouraged those to look at the development closely before voting on it. The slope is scary and she is disappointed that it is not being addressed. She asked if the fire department approved it. City Manager Gray stated that the fire department will review in the next step of the process. Mr. Smith said the site has a 38 percent slope on all sidewalks which meets ADA regulations. 9 Cih• of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 City Manager Gray explained that the applicant is asking for a waiver to the code on sidewalks and if the fire department does not approve, the applicant will not receive a certificate of occupancy. A member of the public wished to speak. Seeing no objection from Council, Mayor Pro Tern reopened the floor. Tim Murry, 574 E. Desoto Street — expressed concerned with the square footage, topography of the land and price. He was told there would be a ramp for residents. Seeing no further comments, the floor was again closed. Mayor Pro Tern Travis asked if Mr. Smith could make the units at least 600 sq. ft. Mr. Smith said they would have to take the space from the front porch, and after consultation with his engineer, he ultimately agreed to the condition. MOTION TO APPROVE and adopt Ordinance No. 2020-34 made by Council Member Bates. Seconded by Council Member Purvis. Passed 3/0 on roll call vote with all members present voicing Ue- MOTION TO APPROVE and adopt Ordinance No. 2020-35 made by Council Member Bates. Seconded by Council Member Purvis. Passed 3/0 on roll call vote with all members Present voicing MOTION TO APPROVE and adopt Ordinance No. 2020-36 with the condition of the units being 600 sq. ft. and removal of the waiver for being less than 600 sq. ft. made by Council Member Bates. Motion died for lack of a second. MOTION TO APPROVE and adopt Ordinance No. 2020-36 approving 84 units. a reduction in parking. and including a waiver from Ci Code allowing units to be only 580 s . ft. made b Council Member Purvis. Seconded b • Council Member Bates. Passed 3/0 on roll call vote with all members present voicing a .e. NEW BUSINESS Item No. 10 — Resolution No. 2020-54R — Beloved Church Office CIIP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHURCH OFFICE USE IN THE CBD CENTRAL BUSINESS DISTRICT ZONING DISTRICT. City Clerk Howe read the resolution into the record by title only. Development Services Director Henschel presented the Conditional Use Permit application. The proposed church office will not be out of character with the surrounding uses and will comply with regulations. Staff recommends approval. Kevin Franklin, 1155 Arbor Hills Drive. Clermont — Applicant. They are a new church started in January 2019 who are in need of administrative office space. The space is capped at 15 individuals and will not be used for worship services as they meet on Sundays at Cypress Ridge Elementary. Cih° of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 2712020 Mayor Pro Tem Travis opened the floor for comments from the public. Christina Hertz Clark, SBS Realtors — Building Owner Representative. Recommends approval. Charlene Forth, 939 W. Desoto Street. Clermont - Supports the request. Seeing no further comment, the floor was closed. MOTION TO APPROVE and adopt Resolution No.2020-54R for a Conditional Use Permit made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 11— Ordinance No. 2020-30 INTRODUCTION — Encompass Health 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, EFFECTIVE DATE, AND PUBLICATION. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-30 made by Council Member Bates. Seconded by Council Meinber Purvis. Passed unanimous) , with all members 2resent voicing aye. Item No. 12 — Ordinance No. 2020-37 - KTTHDRAWN Item No. 13 — Ordinance No. 2020-38INTRODUCTION— Sign Code Amendment AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; CHAPTER 102 SIGNS; ADDING SECTIONS 102-26 OTHER SIGNS; PROVIDING FOR CONFLICT, SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-38 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing a e. E3 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 Item No. 14 — Ordinance No. 2020-39 INTRODUCTION— Right of Way Vacation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING AN UNNAMED PUBLIC RIGHT OF WAY LYING EAST OF TRACTS 21, 28,37,44 AND 53A, AND LYING WEST OF TRACTS 29,36 AND 45, LAKE HIGHLAND COMPANY, ACCORDING TO THE PLAT THEREFORE AS RECORDED IN PLAT BOOK 3, PAGE 32, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING IN SECTION 16, TOWNSHIP 22 SOUTH, RANGE 26 EAST AND DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. MOTION TO INTRODUCE for future consideration Ordinance No. 2020-39 made b Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. �i Cif • of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2020 ADJOURN: With no further comments, this meeting adjourned at 8:15pm. za Tracy Ackroyd floNve, City Clerk 10 APPROVED: 1 1 Gail L. Ash, Mayor