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02.09.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2021 The City Council in a Regular Meeting on Tuesday, February 9, 2021 in the Clermont City Center. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Bates, Purvis, Entsuah and Pines. Other officials present were Interim City Manager Dauderis, City Attorney Mantzaris and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence followed by the Pledge of Allegiance. PROCLAMATION A proclamation to name the Shuffleboard Courts at Kehlor Park the Marvin "Jake" Jacobson Shuffleboard Courts was presented to his wife Jean Swope and family. The proclamation was read into record by City Clerk Howe. PUBLIC COMMENTS Former Mayor Gail Ash thanked the citizens, staff, and organizations of Clermont for the outpouring of well wishes and cards wishing her the best on her retirement and for keeping her in their thoughts and prayers. James Nussbaumer, President of South Lake Electric. 111013 SR 33, Groveland — informed the city that a permit was issued for 793 W. Montrose Street under his name and license. He detailed that his company had not done any work on this address and made a demand the City to recognize and remove his name and business on any permits issued for this property. He also stated, Patrick Bianchi pulled and signed the permit without his permission. Patrick Bianchi, 752 W. Montrose Street — Stated that the permit error for 793 W. Montrose Street was recently brought to his attention and, in fact, that no work was done by South Lake Electric on the Montrose Market. The contractor of record is Metro Electrical Services. He is currently working with Building Services to remove South Lake Electric from all associated permits and release any liability on this project. Vincent Niemic, 4569 Barrister Drive — Presented photos from the intersection of Hartwood Marsh Road and Hancock Road showing traffic issues and lack of correct signalization patterns. Jane McAllister, 2151 Winsley Street — Addressed comments from last Council Meeting. Indicated that Clermont is a strong and diverse city and that statements otherwise are counterproductive. Steve Smith, 1323 Briarhaven Lane — Stated that the homeless population in South Lake County is camping and creating fires in the woods and causing a nuisance. He furthermore spoke about the low-income housing issue in Lake County and applying for Federal funds to help with the rent/utilities for the upcoming evictions once the rent moratorium is lifted due to COVID-19. Dani Page, Inside Clermont — Advised Council that the Mayor violated the City's Resolution No. 2021- 003R during the January 26, 2021 Council Meeting and requested sanctions. Linda Charlton, 9101 CR 561 — Spoke of her displeasure that the city rejected the Citizen's Advisory Committee. Also, that Clermont has come a long way in race relations, but the committee would allow an extra layer of protection to the citizens. City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2021 Charlene Forth, 939 W. Desoto Street — Introduced Clermont resident, Delphany, and detailed to the Council that he was unjustly arrested in the past and wanted to clear his name. Paula Hoisington, 564 E Desoto Street. — Voiced displeasure that City Council rejected the Citizen's Advisory Committee. Asked Council to be proactive and let the citizens have a voice and a platform with the Police Department. Dimitrius Boan, 749 E. Minneola Avenue — Grew up in Clermont and seen a lot of great changes in last 20 years and would like to see the city grow. REPORTS Interim City Manager Dauderis reported the next Workshop will be on February 16, 2021 at 6:30pm in the Clermont City Center. The second part of the Ethics training will be on February 17, 2021 from 4:OOpm to 6:OOpm. Interim City Manager Dauderis brought up a question that was asked by Council whether they could withhold money relating to The Arts District. The City is currently holding a payment. Another question was asked to see if the City can pull the Conditional Use Permit (CUP) for The Arts District. Mrs. Dauderis stated that VP Development has met all the requirements of the CUP, so they are up to date. The Certificate of Occupancy is on hold for The Arts District pending rear entry and storm water concerns. Furthermore, she mentioned the murals approved for The Art District. CITY ATTORNEY REPORT City Attorney Mantzaris — No Report CITY COUNCIL REPORT Council Member Bates — Lake Legislative days have been cancelled this year. Council Member Purvis — Read a statement condemning the Mayor for calling the Clermont Police Department racist and asked for a public apology for his remarks. Council Member Entsuah — No Report Council Member Pine — No Report Mayor Murry — Feels he did not disparage the Police Department and will not back down on facts. Discussion ensued between Council Member Purvis and Mayor Murry. Mayor Murry expressed his utmost respect for Police Chief Broadway and apologized for what was believed to be unfavorable remarks against the Police Department. 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. City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2021 Item No. 1 - Minutes Approval Consider approval of the Minutes from the City Council meeting of January 12, 2021 and the workshop of January 19, 2021. Item No. 2 - Plat Approval Consider Highland Ranch Canyons Phase 6 plat - 168 lots. Item No. 3 - Utility Construction Reimbursement Consider an amendment to the (Pioneering) Amended Agreement and Budget agreement executed on May 8, 2012 Amendment between the City of Clermont and Clermont Motor Sales, LLC and a budget amendment in the amount of $147,000. Item No. 4 - Special Event Request Item No. 5 - Special Events Review Item No. 6 - Event and Road Closure Request Mayor Murry opened the floor for comments from the public. Consider granting 10 open-air events with a temporary structure for 2021 at the Stormy Hill Harley-Davidson located at 2480 S. Highway 27. City Council review of upcoming special events in February, March, April and May due to Covid-19. Consider event and road closure request for "Freedom 5K" on July 4, 2021. MOTION TO APPROVE the Consent Agenda of February 09 2021 made by Council Member Bates, seconded by Council Member Purvis. Passed unanimously with all members voicing aye. UNFINISHED BUSINESS Item No. 7 Ordinance No. 2020-30 Final City Clerk Howe read the Ordinance by title only. 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 of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2021 Planning and Development Services Director Henschel presented the Encompass Health Planned Unit Development. Staff recommends approval and Planning and Development approved the project as well. Jimmy Crawford, 702 W Montrose — Stated he is the attorney representing Encompass Health. Tracy Garcia, Director of Elevate Lake — Spoke about the Economic Impact of Encompass Health. Both Indirect and Induced Impacts. The economic impact of this project will be $35 Million and will employ 227 once the Rehabilitation Hospital is built. Mayor Murry opened the public hearing — No comments. Discussion ensued on traffic issues and concerns. MOTION TO APPROVE Ordinance 2020-30 made by Council Member Bates, seconded h Council Member Pines. Passed unanimously with all members voicing aye. Item No. 8 Ordinance No. 2021-003 Final City Clerk Howe read the Ordinance by title only 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. Planning and Zoning Services Director Henschel presented the Victory Village and Market Planned Unit Development. He stated staff has analyzed the project and found no conflict with the city's comprehensive plan. Also, the structures will not exceed 50 feet in height. Applicant has requested 4 waivers. These waivers include: (1) cut more than 10 feet up to a maximum of 12 feet over less than 1 % of the site, (2) an interior facing retaining wall up to 15 feet, (3) on -site parking space width of 9 feet, and (4) off -site parking., Discussion ensued. Mayor Murry opened to public comments - A handful of residents came forward to support the project. Councilmember Purvis requested that the developer to explore diagonal parking street side. Councilmember Entsuah wanted assurances that the market would by ran by a single vendor. MOTION TO APPROVE AS AMENDED Ordinance 2021-003 made by Councilmember Entsuah with the stipulation of a single vendor, seconded by Councilmember Purvis. Passed unanimously with all members voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2021 NEW BUSINESS Item No. 9 Variance Request —1249 Shorecrest Circle Planning and Zoning Coordinator Gonzalez presented the variance request for two setbacks for construction of a pool and deck. The zoning R1A requires a 9 foot side and rear setback for a pool. The homeowner is requesting a 5 foot side and rear setback for a pool and deck. The home was constructed to meet the required setbacks. Staff recommended denial. Mayor Murry opened to public comments. There were no comments. Mayor Murry closed the public hearing. Council Member Purvis presented a compromise of 7 foot side and rear setback. The City Council was in agreement with the proposal made by Council Member Purvis. MOTION TO APPROVE AS AMENDED made by Council Member Bates with the stipulation of a 7 foot setback on the rear and side, seconded by Council Member Purvis. Passed unanimously with all members voicing a e. Item No. 10 Ordinance No. 2021-001 Introduction City Clerk Howe read the ordinance by title only. 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 Ordinance 2021-001 made by Council Member Bates seconded by Council Member Entsuah. Passed unanimously with all members voicing Item No. 11 Ordinance No. 2021-002 Introduction City Clerk Howe read the ordinance by title only. 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 Ordinance 2021-002 made by Council Member Bates seconded b • Council Member Purvis. Passed unanimously with all members voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2021 Item No. 12 Ordinance No. 2021-008 Introduction City Clerk Howe read the ordinance by title only. AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.01(l)(Q), FLORIDA STATUTES (1999), CONSENTING TO THE INCLUSION OF THE CITY OF CLERMONT, FLORIDA, WITHIN THE COUNTY -WIDE MUNICIPAL SERVICE TAXING UNIT FOR THE PROVISION OF AMBULANCE AND EMERGENCY MEDICAL SERVICES, AS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR THE CITY TO BE INCLUDED WITHIN SAID MUNICIPAL SERVICE TAXING UNIT FOR A SPECIFIED TERM OF YEARS; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE AND PUBLICATION. _M_OTION TO INTRODUCE Ordinance 2021-008 made by Council Member Bates seconded by Council Member Purvis. Passed unanimously with all members voicing aye. ADJOURN: With no further comments, this meeting adjourned at 8:37pm. APPROVED: Tim Murry, Ma}�r ATTEST: 1. Tracy AckroycfHowe, City Clerk