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Minutes - 12.08.2020 - City Council Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 The City Council met in a regular meeting on Tuesday, December 8, 2020 in the Clermont City Center. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Pines, Bates, and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Pastor Jose Gonzalez followed by the Pledge of Allegiance. SELECTION OF MAYOR PRO TEM Mayor Murry announced that the Council needed to select a Mayor Pro Tern and asked if there were any nominations. Councilmember Purvis nominated himself, Councilmember Bates nominated himself. Mayor Murray asked three times if there were any further nominations; seeing none, the floor was closed. MOTION TO APPOINT Councilmember Bates to the position of Mayor Pro Tem; No Second was provided. Attorney Mantzaris reminded Mayor Murry that a member of the Council needed to second the motion before it could go to vote. Mayor Murray responded to Attorney Mantzaris stating that he was going to ask for a second shortly. He congratulated Councilmember Bates saying that he was going to nominate him had he not nominated himself. Mayor Murray then called the question to vote with all members present voicing aye. PRESENTATIONS Darren Gray Recognition Mayor Murry congratulated City Manager Gray on a successful tenure as City Manager with the City of Clermont. He presented him with a plaque on behalf of the City. Mayor Murry then invited David Colby, President of South Lake Chamber of Commerce to the podium. Mr. Colby thanked City Manager Gray on behalf of the chamber and its membership and presented him with a statute in recognition of their appreciation. Assistant City Manager Dauderis read a proclamation into the record declaring April 28 to be officially recognized as "Darren Gray Day". City Manager Gray then gave a brief presentation highlighting the accomplishments/projects of the city since 2012 via PowerPoint presentation. Quarterly Budget Update Finance Director Brosonski presented highlights from the Fiscal Year 2019/2020 via a PowerPoint presentation. She informed the Council that revenues are not as bad as first believed and recommended the Council have a workshop to revisit the Fiscal Year 2021 budget. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Rise Clermont Initiative The Rise Clermont Initiative presentation was heard tinder the proclamations section. PROCLAMATIONS Rise Clermont City Business Liaison Hollerand read the proclamation aloud and presented the Rise Clermont Initiative via a PowerPoint presentation. The Rise Clermont Initiative is a proactive response led by the businesses and government of Clermont. The goal of the program is to connect and network resources, ideas, and events. The ultimate goal is to drive business to Clermont businesses. The program is centered on a website located at www.riseclennont.com. PUBLIC COMMENTS Sharon Keys. 16447 Cagan Crossings, Clermont — Thanked Darren Gray for his support of the South Lake Alliance/Lincoln Park community group and the project to turn the closing elementary school into a community center. Otis Taylor, 3686 Calidesi, Clermont — Congratulated the newly seated and thanked the Council for their work. Mr. Taylor explained that he runs a non-profit Think Tank and requested that the City Council sponsor 2 to 3 workshops per year to hear the causes of non -profits. He feels that the City favors for -profits over non -profits. Mayor Murry thanked Mr. Taylor. Dani Page, Tuscany Hills, Clermont — Reminded the Council that Clermont elections are non -partisan and that Mayor Murry violated Florida Statutes during his election. Joa Macnalie, 3296 White Blossom Lane, Clermont - Thanked Darren Gray and Council. Christa Faust and Mya Rosenberg. 1727 Chickadee Way — Thanked Darren Gray for his help with regards to the Moonlight Players. Charlene Forth, 939 W. Desoto Street, Clermont — Verified with Mayor Murry that what she was about to say was not prearranged. Thanked Darren Gray for his service and spoke to the integrity of Tim Murry. Reminded the Council that Tim Murry decided to switch seats not to be the first black mayor, but so Michelle Pines could win her seat. Apologized to Mayor regarding his inauguration night and the occupancy of 100. She informed the Council that the Mayor tried to get the location changed a week before the meeting, but was not able to do so. She says that both her and the Mayor called dozens of people and told them not to come to the swearing in. She then asserted that there has been significant damage done to the City over the last six (6) years by the prior councils. People have been disrespected by the Council especially the prior Mayor. She demanded that the three (3) minute clock needs to stop. She criticized Councilmembers Bates and Purvis for not standing up to former Mayor Ash and supporting the public's right to speak. She read from Resolution 2017-03 regarding respecting the public's right to speak. Ms. Forth then critiqued City Attorney Mantzaris. She highlighted a lengthy lawsuit with Bee's Auto as her proof of Attorney Mantzaris ineffectiveness for the City. She demands that she sees sweeping changes and that they should begin by firing City Attorney Mantzaris. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Councilmember Purvis responded jovially to Ms. Forth stating that he hears from Ms. Forth multiple times per day. He then seriously stated that the Mayor and the Council allowed her to say her peace this night, but now he wants a conunitment from Ms. Forth that she no longer mentions the Wayne Saunders days or the police department. If the Council is going to move forward, she needs to let it go and stop rehashing the past. Ms. Forth responded that she hears what Councilmember Purvis is saying but too many people have been hurt by the City Council and they need to make significant changes. Mayor Murry responded to Ms. Forth by saying he will be addressing the time limit later in the meeting and recognizes that he did invoke the mayor's right to allow a member of the public to exceed the three (3) minute time limit. REPORTS CITY MANAGER REPORT City Manager Gray informed the Council of several agenda changes. He told the Council that staff was pulling Item No. 2 and that Items No. 11 and 12 would need to be tabled. City Manager Gray also provided an update to the Council regarding future meeting locations notifying them that the Council Chambers would be going through upgrades. They were able to discuss next month if they would like to return to the Council Chambers in February at the earliest. Councilmember Purvis asked what upgrades were being done. City Manager Gray had IT Director Dennis review the upgrades; he stated that they were mostly related to the A/V system and ceiling tiles. Councilmember Purvis asked if the upgrades included improved WiFi Service to the Clermont City Center. City Manager Gray responded that they do not, but that staff can look into it. City Manager Gray announced that the December 15 workshop and December 22 meeting are cancelled. City Manager Gray concluded by informing the Council that they were able to recover more revenues than originally thought, and that revenues are better than expected. CITY ATTORNEY REPORT City Attorney Mantzaris stated that it has been an honor to work with Darren Gray as City Manager. Attorney Mantzaris informed the Council that he has an action item that needs attention. An amendment to the Interlocal Agreement for CARES Act funds is required as a provision for cities allocation which originally stated that all funds had to be expended by December 1 has been extended to December 30 to give the city more time to spend funds. This amendment will also allow for additional public safety wages to be reimbursable. He reminded the Council that in the original CARES Act agreement the City was given $1.9 million and there is about $600,000 likely to reimburse wages. He asked the Council to approve the amendment to this agreement. Councilmember Purvis asked about wage reimbursements. Assistant City Manager Dauderis replied that payroll expenses are going back to March. MOTION TO APPROVE the amendment to the Interlocal A reement for the Disbursement of CARES Act funding with Lake County _government made bv_ Councilmember Bates. Seconded by Councilmember Pines. Passed unanimously with all members present voicing aye• 3 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Mayor Murry opened to the floor for comments from the public. Vincent Niemeic, 6159 Barrister Avenue, Clermont — Asked if it was possible to get a copy of the agreement. City Manager Gray said that his office would forward Mr. Niemeic a copy once executed. Seeing no further comments, the floor was again closed. CITY COUNCIL REPORT Council Member Bates — Stated that it has been honor and pleasure to work with Darren Gray. Thanked for all he has done in the community. Will be missed and wish him well. Legends has bought the golf course and are renovating the course. The restaurant is currently open. Council Member Purvis — • Stated that it is a bittersweet night for the city. He wishes Darren all the best. • Thanked the departments for their efforts this holiday season, specifically Public Works and Parks & Recreation. He watched the virtual Light Up Clermont, but was not impressed. Council Member Pines — • Congratulated Darren on his new endeavors. Wished him the best of luck. • History of Clermont is important Mayor Murry — • Wants to rename areas in Clermont to maintain the history of Clermont. • Thanked City Manager Gray. • Attended several community events. • Informed the Communications Department that he was disappointed that they were not able to highlight a single business owner of color from the downtown in their Light Up Downtown Clermont video. He did get a lot of positive feedback from the community though. • Announced upcoming events such as the Trees at Victory Pointe, Cookies and Cocoa Walk this Friday in downtown Clermont. • Informed the Council that Marvin "Jake" Jacobson passed away. Requested Choice Edwards speak at the podium. Choice Edwards — Jake was president of Clermont Recreation Club. He loved shuffleboard. Requested the Council name the shuffleboard courts after Marvin "Jake" Jacobson. Councilmember Bates asked what it would involve to name the shuffleboards. Mayor Murry said that it would just be a plaque and that he needs a motion from the Council. MOTION TO RENAME the Kehlor Shuffleboard Court to the Marvin "Jake" Jacobson Shuffleboard Courts made by Councilmember Pines. Seconded by Councilmember Bates. Passes 3 to 1 with Councilmember Purvis dissentinz Before the vote, City Attorney Mantzaris reminded Mayor Murry that he has to open the floor to the public before a vote since this is an action item of the Council. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Councilmember Purvis felt that this was happening too quickly and asked if the City has a policy in place for naming City facilities. If not, he recommended that the City develop a policy for naming public property. City Manager Gray stated that the City does not have a formal policy. This is the first request the City has received that he can recall over the last 20 years. The City did name Fire Station #1 after Carle Bishop which was done by Resolution. Councilmember Purvis stated that he is ok with this moving forward, but if the Council is naming things this night, he wants to discuss renaming Fire Station #2 in memory of Ray Goodgame. City Manager Gray told the Council that they could draft a policy for the next meeting which would adopt most likely have property adopted by resolution. Councilmember Purvis expressed a desire to amend the motion on the floor. Mayor Murry stated he would not entertain Councilmember Purvis's amendment at this time unless Councilmember Pines would allow it to be amended. Councilmember Purvis asked how she would allow it since Mayor Murry will not let him finish speaking. Councilmember Pines did not allow for the friendly amendment to her motion. Mayor Murry expressed his support of renaming Fire Station #2, but called the current question to vote. Councilmember Purvis expressed extreme disappointment with the Council that an item so permanent and lasting would be voted on without it being a named agenda item or notification going to the public. Councilmember Bates asked if the city staff could still develop a policy. City Manager Gray stated that the staff would work on it. Attorney Mantzaris informed the Council that it was unusual to adopt a naming of city property without a formal resolution. The importance of the resolution is for historical record and research and the adoption by resolution will be included in any policy that will come before them. He stated that if they wanted, he can draft a resolution memorializing their action this night, so that there is a significant historical record of the event, like a proclamation. Mayor Murry directed Attorney Mantzaris to prepare the resolution for the next City Council meeting in January. He then called the question and the vote was taken. • Addressed the time limit for public speaking. Said he does not want to see it eliminated. It helps to move the meeting along efficiently. He directed that if anyone plans to speak longer than five (5) minutes that they should contact the City Manager's office to ask if they can be placed on the agenda. He directed the City Manager to develop a policy so that residents of the city can be placed on the agenda. He asserted that he believes that any member of the City Council can place an item or person on the agenda. Councilmember Bates agreed with the Mayor. He inquired if the plan the Mayor directed be developed will come back to the Council for approval. He does not want anybody to simply get an agenda item if it is not worth the time as it defeats the purpose of the agenda being set and managed by the City Manager's office. City Manager Gray informed the Council that several of the things asserted by Mayor Murry are not exactly in alignment with the Council's current rules of procedure for agenda development. He strongly recommended that the Council review and amend their rules of procedure, especially if the Mayor is stating that he is going to always wave the three (3) minutes for five (5) minutes. These rules are set by resolution and would have to come back to the Council for final approval. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Mayor Murry stated that he does not want to see somebody get an agenda item slot but then ramble on all night long. Councilmember Purvis supports the Mayors position, but would like the rules to say that any Councilmember, not just the Mayor, can grant an extension to a member of the public. Attorney Mantzaris infonned the Council that they have adopted a full set of governing rules on how the board is to conduct themselves and how the agenda is to be developed. Based on the discussion tonight, those existing resolutions would need to be amended. Councilmember Purvis asked if that means the existing resolutions need to be amended or can it be done by vote. Attorney Mantzaris stated that the resolutions are only amendable by amending resolutions unless otherwise specified. • Lake County Commissioner Sean Parks will be attending the 2' meeting of each month and should receive a designated spot on the agenda. He expressed congratulations to him for being selected to lead as Chairman the Board of County Commissioners. The following report was heard out of order and was heard under discussion of the consent agenda. Chairman Sean Parks, Lake County Board — Thanked Darren Gray on behalf of both the City and the County. Wished him the best and announced that he is planning to be back on a monthly basis during the 2" d meeting of each month to give updates on what the County is working on with Clermont and the south Lake region. CONSENT AGENDA Mayor Murry 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 — Meeting Minutes Consider approval of meeting minutes held November 10, 2020 and the Special City Council meeting held November 17, 2020. Item No. 2 — Plat Approval WITHDRAWN BY STAFF Item No. 3 — Change Order Approvals and Budget Consider change order request to the Downtown Amendment Streetscapes Phase 1 construction contract with Traverse Group, Inc. and a Budget Amendment in the amount of $82,451.50 in the Capital Projects Fund. Item No. 4 — Bid Award and Budget Amendment Item No. 5 — Bid Award Item No. 6 — Proposal Award 11 Consider awarding bid to Midcoast Construction Enterprises, LLC to replace pier at Lake Hiawatha Park in the total budgeted amount of $256,000 and a Budget Amendment in the amount of $197,217. Consider awarding bid to Stage Door II, Inc to provide water main and sidewalk improvements in the total budgeted amount of $1,406,130. Consider awarding an on -call professional services contract to Atkins North America, Inc., BESH Halff Associates, Inc., CPH, Inc., Reiss Engineering, City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Item No. 7 — Piggyback Purchase Item No. 8 — Resolution No. 2020-72R Item No. 9 — Miley Triplex Utility Easement Item No. 10 — Event, Open Container, and Road Closure Request Inc., Toole Design Group LLC, Woodard & Curran, Inc., and Wright-Pierece, Inc for civil engineer services. Consider Florida Sheriffs Association contract piggyback with Orlando Freightliner to purchase one (1) dump truck in the budgeted amount of $105,246. Consider Fiscal Year 2020-2021 Budget Amendments. Consider granting easement to the City for access and maintenance of a water service and associated meters. Consider allowing Suncreek Brewery to host Oktoberfest event in downtown Clermont with street closures and open container allowance in October 2021. Mayor Murry asked if there were any items the Council would like pulled for further discussion. Councilmember Pines pulled Item No. 4. Councilmember Purvis pulled Item No. 10. Mayor Murry pulled Item No. 5. MOTION TO APPROVE the Consent Agenda Items No. 1 3 6 7 8 and 9 made b Councilmember Bates. Seconded by Councilmember Pines. Passed unanimously with all members voicing aye. Item No. 4 — Bid Award and Budget Amendment Cindy Davis, 10302 Lake Minneola Shores, Clermont — Asked if this was from the funding of the 2016 Hurricane Relief Act. City Manager Gray responded that the cost would be reimbursed from the 2016 hurricane FEMA funds. MOTION TO APPROVE the Consent Acenda Item No. 4 made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing Aye - Item No. 5 — Bid Award City Manager Gray stated that Mayor Murry had requested that staff provide an update for the Council. Assistant Director of Public Services Jim Maiworm stated that staff has been working on Community Development Block Grant (CDBG) project since 2018 and they expect it to be completed in June 2021. The grant was awarded in February 2019. Mayor Murry asked if the City could apply for another grant before the current grant project was completed. Assistant Director Maiworm replied that after speaking with the City's consultant he was able to confirm II Citv of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 that the project would need to be completed before the City would be eligible for the next round of funding in 2022. He recommended getting ready for the next cycle as soon as possible. Councilmember Purvis asked what this project was placing specifically. Assistant Director Maiworm stated that this project is replacing old water mains. The current CDBG funding cycle is part of a larger project to replace old water mains. MOTION TO APPROVE the Consent Agenda Item No. 5 made by Council Member Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing gye. Item No. 10 —Event Request Councilmember Purvis expressed concern about giving blanket approval to an event next October without understanding where the pandemic will be at that time. City Manager Gray responded that on their January agenda, they will be having an events discussion for events in the first quarter of 2021. He offered that they could put a 90 day provision onto the approval allowing the city to review the approval if pandemic conditions should change unfavorably. Parks and Recreation Director Davidoff explained that event promoters are aware that their events may be cancelled due to Covid-19. All events are contingent on approval of the Council. Attorney Mantzaris stated that he believes language should be added to all event contracts that secures the City's right to cancel an event. He also expressed a concern about liability that if promoters spend time and money and/or make commitments to their vendors; they would seek reimbursement from the City should the City cancel their event. The City will have to rely on states of emergency and other conditions that preempt the unilateral action of the City Council. City Manager Gray asked Director Davidoff based on his experience if there was a recommended time frame for cancellation. Director Davidoff said that timeframes greatly depend on the event itself, and advised the City needs to be flexible. There is no precedent. Councilmember Purvis again asked if there should be a 90 day or 120 day advanced notice. City Manager Gray responded that with the majority of events a 90 day notice should be sufficient. City Attorney Mantzaris stated that the Council needs to be specific about a window given for final decision so that a promoter does not come after the City should the City cancel an event due to changes in the pandemic closer to the event. MOTION TO APPROVE the event with an added condition that a 90 da advanced notice window be given in all events contracts to allow the City! Council to time review and possibly cancel an event based upon Covid-19 conditions made by Councilmember Purvis. Seconded by Councilmember Bates. Passed unanimously with all members present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 UNFINISHED BUSINESS Item No. 11— Ordinance No. 2019-14 FINAL — Wise Annexation: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE, SEVERABILITY, RECORDING, AND PUBLICATION. This ordinance was heard out of order and was considered during the City Manager's Report. City Clerk Howe read the ordinance into the record by title only. MOTION TO TABLE for further consideration Ordinance No. 2019-14 until February 23 2021 made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing aye. After the vote, City Attorney Mantzaris requested that for the purpose of the record, the Mayor also ask if there was any dissent from Council. Mayor Murry asked if there was any dissent; hearing none, the Council continued to the next item. Item No. 12 — Ordinance No. 2019-15 FINAL — Wise Large -Scale Comprehensive Plan Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. This ordinance was heard out of order- and was considered during the City Manager's Report. City Clerk Howe read the ordinance into the record by title only. MOTION TO TABLE for further consideration Ordinance No. 2019-15 until February 23 2021 made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing aye. After the vote, City Attorney Mantzaris again reminded the Mayor that he needs to ask if there was any dissent for the purpose of the record. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Item No. 13 — Ordinance No. 2020-30 FINAL — 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. City Clerk Howe read the ordinance into the record by legal title only. The staff presentation was given by Planning Manager Kruse. Planning Manager Kruse presented the Ordinance to the Council informing them that the applicant is seeking rezoning from low -density residential to Planned Unit Development (PUD) for a 100 bed rehabilitation facility. A billboard currently on the site will be removed prior to development. The facility will use 11 acres and the remaining 32 acres will be for future commercial development. The applicant has provided a complete site plan for phase 1 of 3 of development. The application does require a waiver of one code that is to cut greater than 15 feet due to elevation changes on the site. The applicant is also requesting a variance on the site for a terraced retaining wall. The only access point will be from SR50. It is not a full intersection as outbound traffic will need to utilize a u-turn at Greater Hills Road to head back west. The future connection to Hook Street is paramount and will create a second access point. A condition has been added to the PUD to provide for cross access. This may provide an additional access point in the future. A condition for right-of-way access for Hook Street has been added in return for impact fee credits. Staff has reviewed the whole proposal and has determined that the C2 general commercial is appropriate for the location. Staff recommends approval. Upon review, the City's Planning & Zoning Board recommends approval. Jimmy Crawford, 702 W. Montrose Street, Clermont — Applicant Representative. Congratulated Councilmembers Bates, Pines and Murry on their election. Congratulated Darren Gray on his tenure as City Manager. Mr. Crawford reviewed the process that they had to go through with staff to bring their proposal forward, and they are pleased that they only need to ask for one waiver due to grading and topography. He continued that the hospital plans on employing about 150 employees with the average wage over $70,000 annually. He also made mention that the hospital is probably one of the lowest traffic generators for a facility of its type, and he will stand on the traffic report. The applicant is planning to donate at no cost over 100 feet of right-of-way for the Hooks Street expansion. This donation is valued at more than $1,000,000. Mayor Murry opened the public hearing for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont — Asked about the clasping waria, an endangered plant. Mr. Crawford responded that they have encountered this plant species with other properties in the corridor and work with a group to have the plant transferred to the Lake Louisa Wildlife Preserve. Randy Ebman. 2430 Woodward Hill Court, Clermont — Expressed concern with increased traffic. Seeing no further conuilents, Mayor Murry closed the public hearing. Councilmember Bates asked if the city has received any type of timeline for Hook Street. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 City Manager Gray informed the Council that at the meeting on January 12, the Hook Street design team will be giving an updated presentation on Hook Street to the City Council. Assistant City Manager Dauderis interjected that the County's presentation on the 12' will focus on a variety of projects being developed. The meeting on January 26', 2021 will focus on the Hook Street expansion. Councilmember Purvis asked for clarification from City Manager Gray regarding the Hook Street expansion and when the road will be constructed. City Manager Gray responded that if the phase 2 of the project does not move forward, the County and City could look at transportation impact fees to see if the road could be constructed sooner. Councilmember Purvis stated that he is in favor of the project, but needs to know that Hook Street will happen in a reasonable timeframe and not be held up by one parcel. Mr. Crawford told the Council that the Encompass Health team spoke to Fred Schneider and he told them that the timeframe is 2-3 years out. They are looking at grants and developer contributions, but reminded the Council they are donating over $1,000,000 in right-of-way. They feel that they have done more than their fair share. Councilmember Pines and Mayor Murry expressed additional concerns regarding the traffic. Mr. Crawford reminded the Council that the impact of the Encompass Health facility is a very low generator of traffic. The County told them where their access point is to be and they are not able to change that. He stated that his clients have made a significant contribution to get Hook Street built. Mayor Murry asked about the employment and how many jobs would be brought in from outside versus hiring locally. Art Wilson, Real Estate Officer — Applicant Representative. They do not import employees, but they may bring a chief of medicine or chief administrative officer from another location. The vast majority will be from the local populace. He added that pending approval, they would like to start construction in Mid-2021 with an opening planned for late 2022. Councilmember Purvis asked if the applicant would be willing to do a continuance on this issue rather than have it die this night. Mr. Crawford stated that his client is donating the right-of-way and Waterbrook has it in their PUD to donate the right-of-way and he is not sure what more they can do. Mr. Crawford reminded the Council that state statute preempts them from denying the request solely based on traffic if a deficiency is not identified in the traffic study; in the current proposal there is no deficiency. City Attorney Mantzaris informed the Council that the applicant has the right to request a continuance until a full Council is seated. Mr. Crawford asked for a continuance on behalf of his client. MOTION TO TABLE for further consideration until January 26 2021 made b Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members voicing aye. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Item No. 14 — Ordinance No. 2020-40 FINAL — Olympus Zoning 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by title only. Development Services Director Henschel presented the ordinance. The applicant is seeking a PUD amendment to the allowed uses with their already approved plan. The uses within the medical office zones are requesting to be amended with a change between offices and multifamily residential. Mike Carroll, Principal Investor — Applicant. Congratulated the newly elected. Provided an update on the Olympus Development and that the project is going to come out of the pandemic stronger than when it went in. He highlighted several strategic partnerships the development district has made. Mayor Murry opened the floor for comments from the public; seeing none the floor was again closed. MOTION TO APPROVE and Adopt Ordinance No. 2020-40 amending the zoning, man made by Councilmember Bates. Seconded by Councilmember Pines. Passed 4/0 on a roll call vote. NEW BUSINESS Item No. 15 — Board Appointments The Council discussed amongst themselves which member would be appointed to which outside committees. • South Lake Chamber of Commerce — Councilmember Pines • Lake County League of Cities — Councilmember Bates • Metropolitan Planning Organization (MPO) — Councilmember Purvis • MPO Alternate — Councilmember Bates • Lake Apopka Natural Gas — Mayor Murry • MPO Community Advisory Board — Council will consider at January 12 meeting. • Tourist Development Council — Council will appoint the winner of Seat 4 at January 12 meeting. Mayor Murry opened the floor for comments from the public at the request of Charlene Forth. Charlene Forth, 939 W. Desoto Street, Clermont — Spoke against Roman Brana for reappointment to the MPO Community Advisory Board. Seeing no further continents, Mayor Murry closed the floor. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 MOTION TO APPROVE the appointments of Councilmember Pines to the South Lake Chamber Board. Councilmember Bates to the Lake County League of Cities. Councilmember Purvis to the Metropolitan Planning Organization MPO Councilmember Bates as the MPO Alternate and Ma or Mu to the Lake A o ka Natural Gas Board made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all member present voicing ave. There were four Planning and Zoning Commission seats up for appointment as well. Mayor Murry asked the applicants to approach the podium. The following applicants spoke on their behalf: • Joa Macnalie • Justin Allender • Vincent Niemeic • Samii Taylor • Steve Guns • Charles Forth • Lavonte Rogers • Max Kryzminski, requests reappointment. Mayor Murry said that Mr. Krysminski has done a fantastic job and supports his reappointment. The Council members vocally agreed. It was decided by consent of the Council to hold off on making all four appointments to the Planning & Zoning Board until the results of the January 5, 2021 election are made known. MOTION TO REAPPOINT to the Planning & ZoninL, Commission Max Krysminski made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing aye. MOTION TO APPOINT to the Planning & Zoning Commission Vincent Niemeic made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members 1resent voicing ave. MOTION TO APPOINT to the Plannin & Zoning Commission Charles Seaver made by Councilmember Purvis. Seconded by Councilmember Bates. Passed unanimously with all members resent voicing ave. Councilmember Pines told those non -appointed to keep trying. She stated that she applied and was denied plenty of advisory positions and now she is on the Council. Item No. 16 — Resolution No. 2020-66R — Sports Medicine Institute CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MEDICAL AND PROFESSIONAL OFFICE PERMITTED USE IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT. Item No. 16 was heard and considered with Item No. 17. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Item No. 17 — Variance Request — Sports Medicine Institute City Clerk Howe read the resolution into the record by title only. The staff presentation was provided by Planning Manager Kruse. Planning Manager Kruse explained that the applicant is requesting a conditional use permit that will consist of medical and professional office buildings with over 24,000 sq. ft. of occupied space. This applicant has also requested variance in topography. The engineer has provided a grading plan which was displayed to the Council. The variance would allow the parcel to be graded up to a maximum of 25 feet. This will allow the building to be built into the slope instead of with retaining walls. This site complies with other land development code regulations. Staff has reviewed the applicant and has determined that it meets requirements and is compatible with the surrounding community. Chris Germana, Germana & Associates, 1130 Mineola Avenue — Applicant. Mr. Gennana distributed renderings that were not in the packet to the Council members. He clarified that the area in the green is a cut; not a fill. Mayor Murry opened the floor for comments from the public; seeing no comments the floor was again closed. Councilmember Purvis stated that this is a classic example of the challenges of developing land in Clermont. He applauded the applicant for their creativity with a difficult site and expressed support. MOTION TO APPROVE and adopt Resolution No. 2020-66R glanting the conditional use permit made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing Vie. MOTION TO APPROVE the requested variance for the location re arding_topobralrhy made by Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing aye. Item No. 18 — Resolution No. 2020-71R — New Jacobs Chapel CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH FACILITY GREATER THAN 5,000 SQUARE FEET IN THE C-1 LIGHT COMMERCIAL ZONING DISTRICT. City Clerk Howe read the resolution into the record by legal title only. The staff presentation was given by Development Services Director Henschel. Director Henschel infornied the Council that the applicant was requesting a Conditional Use Permit (CUP) located at 410 Hwy 50. The Land Development Code 122.204 requires a CUP for a church. In 1986, the Council approved a CUP for construction of storage for the church. This request is for construction a 2,500 sq. ft. multi -purpose building which is to be used for support services, Sunday school, bible studies, and to provide outreach services. After review, staff recommends approval. Frank Kendrick, Developer — Applicant Representative. Space is needed for Sunday school. Requested approval. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Mayor Murry opened the floor for comments from the public; seeing no public come forth the floor was again closed. Mayor Murry disclosed that he is a member of the church and serves on the board, but has no financial interest. Attorney Mantzaris said that as long as he will not personally benefit monetarily, he can vote. MOTION TO APPROVE and adopt Resolution No. 2020-71R for New Jacobs Chapel conditional use permit made by Councilmember Bates. Seconded by Councilmember Pines. Passed unanimously with all members present voicing aye. Item No. 19 — Mural Request Development Services Director Henschel presented the request. The applicant is requesting four murals on Montrose Street in the Art Walk District. Staff recommends denial of a portion of the request where renderings are not provided. Alex Stringfellow, Winter Park — Applicant. Mr. Stringfellow reviewed the history of the project. Mr. Stringfellow indicated that their request tonight is for the Council to approve these applications to allow for the continued curation of art in the downtown. They are also asking for a blanket approval so that they do not have to bring back every piece of art for scrutiny. As a show of good faith they are giving to the City three (3) mural spaces to do whatever they want. The art league has expressed interest in assisting the city with the murals. At the end of the day, they want to continue to operate an outdoor art gallery as was originally agreed to back in 2018. Mayor Murry opened the floor for comments from the public. Max Kryzminski, 1347 Embers Lane, Clermont — expressed support. Dani Page, Tuscany Ridge — Informed the Council that these murals are already completed. She accused the Stringfellows of violating the law and then asking for forgiveness. Told the Council that they have advertising for a business on the mural. Charlene Forth, 939 W. Desoto Street, Clermont — Opposed. Vincent Niemiec, 1319 Barristor Drive, Clermont — Wanted it clarified whether the mural was painted before or after the City required permission. Jayson Stringfellow, 1455 Lakeshore Drive, Clennont —Applicant. Explained that they were not aware they needed to have a permit and that they stopped the work when they found out. The ordinance was passed after they had put up art. Mr. Stringfellow stated that they are hesitant to bring the art before the City Council because it ruins the unveiling of the art. They are planning to work with local high schools and sponsor competitions, but not if the art is public before opportunity to unveil. They are still a business and need to generate revenue and they do that at art unveilings. They feel that as long as they meet the content requirements of the ordinance, they should not have to supply the renderings to the City Council for approval. Mr. Stringfellow stated if they are considering an artist's name as advertising they will remove it. Councilmember Pines feels like this is an incomplete application because there are not renderings for all the applications. Mr. Stringfellow stated that there are four (4) applications for four (4) murals. They are asking that the Council allow staff to do a review for the remaining spaces and not bring them before Council. Councilmember Pines stated that she understands the request, but that is not the current law. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 Samii Taylor, Clermont — Approves of the Councils action. Husband works for Disney and their art is heavily scrutinized and review process before release. Seeing no further comments, Mayor Murry closed the public hearing. City Attorney Mantzaris asked to be recognized by the Mayor. He informed the applicant that their fourth applicant is contrary to the adopted ordinance and they cannot move forward with that. Second, he advised the Council that they could separate the applications and approve them separately. The Council further discussed the gator mural and whether the artists name counted as business logo. Mayor Murry expressed support for identifying the name as the business logo. City Attorney Mantzaris cautioned the Council with regards to taking action on the issue stating that there are differences between a Coca- Cola logo and an artist's signature. He is not confident that the name as done violates the code. Mr. Alex Stringfellow reminded the Council that it's not within their power to regulate what art is. He reminded them that this is not public art, but art in private spaces. The Art District wants to be a partner with City, and so they are giving them three (3) mural locations where they can regulate what is and is not art. Mayor Murry asked about the competitions and how they can produce a mural if it has not come before the Council. Mr. Stringfellow responded that they would not be possible under the current ordinance. Mr. Jason Stringfellow stated that they could have a competition for renderings to present to the Council. MOTION TO APPROVE the first three murals and den the fourth mural made b Councilmember Bates. Motion dies for lack of a second. MOTION TO APPROVE the first application for the angel wins art piece made b Councilmember Bates. Seconded by Councilmember Purvis. Passed unanimously with all members present voicing aye. MOTION TO APPROVE the second application for the bicycle mural made by Councilmember Bates. Seconded by Councilmember Pines. Passed unanimously with all members present voicin ave. MOTION TO APPROVE the third application with the Bator mural conditioned on the removal of the "Count Trillion" wording within 30 days made by Councilmember Purvis. Seconded by Councilmember Bates. Passed unanimously with all members present voicing a e. No action was taken on the fourth mural application as it will return at a later date with a rendering. Item No. 20 — City Manager Recruitment City Manager Gray informed the Council that they voted to make Susan Dauderis Interim City Manager. He also stated that there are internal candidates interested, and Assistant City Manager Dauderis has outlined a recruitment schedule. He asserted that Assistant City Manager Dauderis will serve until position is filled. Mayor Murry asked if the Council would like to go external or keep it in house. He suggested that internal employees could be given a trial as City Manager. 16 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 City Attorney Mantzaris reminded the Council that Assistant City Manager Dauderis has been appointed as interim and it would not be appropriate to have trial managers during her tenure. Councilmember Purvis stated he would like to go outside for recruitment and follow the plan provided. Mayor Murry opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont — Would like to see a Citizen Committees for hiring of the City Manager. Seeing no further comments the floor was again closed. City Attorney Mantzaris advised that a citizen group only be developed once down to three (3) or four (4) candidates due to sunshine law meeting requirements. The Council gave their consent to have Assistant City Manager Dauderis lead the recruitment process and keep them apprised. 17 City of Clermont MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 2020 ADJOURN: With no further comments, this meeting adjourned at 11:29pm. Tracy Ackroyd Howe, City Clerk 18 APPROVED: Tim Murry, kayor