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05.25.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 CALL TO ORDER The City Council met in a regular meeting on Tuesday, May 25, 2021 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Pines, Entsuah, Bates, and Purvis. Other City officials present were Interim City Manager Dauderis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Drew Marshall of Clermont Presbyterian provided the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Men's Health Month Mayor Murry read a summary of the proclamation into the record. There was no presentation. PRESENTATIONS The mid -year budget presentation was made by Finance Director Brosonski via PowerPoint. This presentation provides the Council with an overview of the 1" and 2' quarter for fiscal year 2021. Overall the budget is in a healthy position. Director Brosonski also provided information on the American Rescue Plan. One of the programs within the federal legislation provides relief funds for state and local government. After conducting some calculations, the City is anticipating it will receive approximately $16,000,000. Director Brosonski highlighted the restricted uses placed on the funds by the federal government. Staff is reviewing the possible uses as part of the budget process currently underway. Council Member Purvis asked if the city has recovered its reserves. Director Brosonski answered that the reserves have returned to the 25 percent required. Council Member Entsuah asked if the $16,000,000 is becoming part of the budget or will be a separate entity all of its own. Director Brosonski said that the money will be tracked separately, but they are including it as part of the overall budget. Council Member Entsuah asked if there is a way to involve the public into how the City uses the money. Interim City Manager Dauderis informed the Council that currently staff has very limited information at this time, and is looking at how the City can use those funds to restore frozen positions and other items. She stated that directors are going through their budgets to prepare ideas. City Attorney Mantzaris cautioned the Council about involving the public as what these funds can be used for are restricted and very specific. Director Brosonski told the Council that the funds will be good through 2024. Interim City Manager Dauderis provided an update on the budget process telling the Council that the Directors have gone through a first review and are soon going to go through a second review. City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 PUBLIC COMMENTS Dani Page, Tuscany Ridge — Talked about Jayson Stringfellow. Asked the Council to revoke all permits provided to The Art District. Asked for the Council to conduct an internal agency investigation for collusion between City staff and developers. Sharon Keys, 644 West Osceloa — Representing Lincoln Park South Lake Alliance. Asked the Council to support the designation of the school as a community center. Paula Hoisington, 564 East DeSoto Street — Representing Lincoln Park South Lake Alliance. Asked the Council to support the designation of the school as a community center. Pastor Chris Walker, 100 E. Minnehaha — Representing Lincoln Park South Lake Alliance. Asked the Council to support the designation of the school as a community center. Dale Mac, 540 E. Desoto Street — Asked the Council to support the designation of the school as a community center. Stated that the South Lake Rotary Club endorses the development of this project. Jimmy Crawford, 702 W. Montrose — Asked the Council to support the designation of that school as a community center. He is donating his time pro bono to assist this group. REPORTS LAKE COUNTY REPORT Sean Parks, Board Chairman, Lake County Board of County Commissioners • The County is in the middle of their budget planning. • The County is drafting an ordinance to have any new developments fund roads and maintenance inside of the communities. • CFX made a presentation to the County Commission and informed them that traffic is higher today than it was pre-covid. • The County is trying to figure out the American Recovery Act and the funding. They are getting about $72 million. • Provided the Council with a "How Did We Grow" notice announcing public input sessions. • Announced that on June 24 the County Commission meeting will be held in District 2 at the Clermont City Center at 1:00 PM. • Nothing new to report on Winter Garden. • Announced a Liberty Tree event. The County is writing a proclamation for the blessings of liberty and for the public to be involved in history. A tree has been donated by Cherry Lake Nursery. The site will be in front of the round building in Taveres. • Announced that there will most likely be a contribution from the general fund to the roads fund in the next fiscal year. Council Member Purvis asked a question about an additional tax on gas up to 5 pennies. Chairman Parks said it is possible to be supported by the Commissioners, but there has to be an aggressive workshop and public engagement effort. The money raised would need to be specific and be sunsetted. It has to be a 415s vote or a ballot vote for approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 INTERIM CITY MANAGER REPORT Interim City Manager Dauderis • Changes to the agenda were made and voted upon. • Campbell property has been negotiated for a price of $150,000. • There will be workshops in June, July and August to discuss ongoing items. • Provided an update on City Manager recruitment process. • On the proposal by Lincoln Park South Lake Alliance, direction from the Council was requested. • City offices will be closed on Monday (5131) in observance of Memorial Day. Regarding the Campbell property, Mayor Murry opened the floor for comments from the public; seeing no public come forth the floor was closed. MOTION TO APPROVE the purchase of Campbell property in the amount of $150.000 made by Council Member Purvis. Seconded by Council Member Bates. Passed unanimously with all members present voicing ay. Regarding the Lincoln Park South Lake Alliance, Council Member Entsuah said that he is in support of the project and asked staff to reach out and work with the alliance. He feels this would be a benefit to the community. Council Member Purvis stated that while he is in support of the general idea, he is still in the dark on many details of this project; he needs to know what the ask of the City is. Council Member Bates said he has had multiple meetings with the project organizers, and he also supports the idea, but like Council Member Purvis is also confused as to what they are asking of the City. Council Member Pines said that there are a lot more questions than answers, and these questions need answers before the City jumps into this full on. She has spoken with the organizers, but there is a vagueness as to what the expectations of the City are right now. Mayor Murry expressed full support for the project. He disclosed that he was on the board, but has now resigned. He expressed frustration that there is not one community center for a city of near 50,000 population. He believes that the City needs to be the one building community centers not a non-profit group. He is in support of the Council giving them money. He wants to invite the alliance to a workshop. Council Member Bates cautioned the Council about wearing staff out with too many workshops. He stated that workshops should be scheduled for emergency type situations. Council Member Pines said that there are so many issues that the City needs to address. The City is growing exponentially. Regarding frequency of workshops, she stated that they are necessary, and unfortunately City staff will have to deal with it. Council Member Purvis and Bates proposed an all -day Council retreat to address Council priorities and asked if that would affect staff less. Interim City Manager Dauderis said a conversation about priorities would be wonderful, and if the Council wants an all -day retreat, staff would make it happen. The Council asked Interim City Manager Dauderis to provide the Council with a list of their outstanding priorities and to select dates in June when they could do an all -day retreat. City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 CITY ATTORNEY REPORT City Attorney Mantzaris • Regarding the Art District point raised during Public Comment, due to the complexity of the situation, any action would need to be reviewed as there is pending litigation with The Art District as well as the situation with VP Development. He stated that he is in support of action against The Art District. • In compliance with Florida Statutes, he requested/announced a closed litigation session for the 2°d meeting in June. He would then be able to provide the Council with an appropriate report. Regarding the Art District, Council Member Purvis does not want to get in an argument over the lawsuit. He wants to know what actions can be taken today against The Art Walk. City Attorney Mantzaris said that the use of the Art Walk as defined by the contract is part of the lawsuit, so the City has to work within the confines of those agreements. Council Member Purvis said he wants the City to take action to put an immediate stop regarding permits and starting businesses within The Art District. Mayor Murry stated that he is in agreement with Council Member Purvis. He is frustrated that the City has been named a party in this lawsuit. He does not understand why the Council cannot meet with their attorney until the end of June to discuss litigation. City Attorney Mantzaris explained to the Council the Sunshine Law's restrictions for having a closed session meeting and the conditions that need to be met. He informed the Council that they cannot meet just because they have been sued; a closed door session must be related to settlement negotiation or litigation expense discussion. Mayor Murry continued to express frustration that he has been told since December that a resolution is being worked on, but no results has come to fruition. He said that he is not familiar with the Sunshine Law well, but he does know that Council Members need to meet to discuss their game plan. He disclosed that he has met with and spoken to the other parties in the lawsuit individually, and is frustrated that he got more information from those parties than he gets from the City. City Attorney Mantzaris cautioned the Council about having a public discussion and creating adverse situations. He said that they could provide the Council and confidential litigation report within two weeks that may address what they are requesting. Council Member Purvis proposed hiring outside legal counsel to conduct an investigation of the contract and report back to the Council on their options. He also would like outside legal counsel to conduct an investigation beginning with the Building and Permitting Services department. Mayor Murry stated that he agrees with Council Member Purvis and despite our legal departments efforts to keep us out of litigation, it seems the City is getting in more litigation situations. MOTION TO HIRE outside legal counsel to conduct an investigation into the contract with The Art District and to conduct and internal investigation between City staff and developers for collusion made by Council Member Purvis. Seconded by Council Member Bates. Motion and second was withdrawn. Council Member Bates asked what the process for hiring outside counsel would look like. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 City Attorney Mantzaris gave the Council insight into the process for hiring outside legal counsel. City Attorney Mantzaris stated that it is extremely problematic for the rights of the City that the Council not engage outside legal services during ongoing litigation. Council Member Pines stated that she believes things are too sensitive right now to move forward with the motion on the floor. She stated that staff is stressed right now and they do not need the additional stress of an outside legal investigation. She believes that the Council is walking a fine line even discussing the topic right now. Council Member Bates suggested waiting an additional month and give staff time to sit down with the Council in closed session. Council Member Entsuah stated that he is in agreement with Council Member Pines and feels that the Council should wait to see what staff is able to prepare for the closed session. Council Member Purvis stated he is aware that staff is burning out, but he also feels that if the Council would stand up and do their job that staff would have it easier. Mayor Murry stated that he is totally disappointed in our legal advice, and he finds this whole situation disturbing. Council Member Purvis asked that there be a discussion item in four weeks on the agenda for the Council to announce if they are taking action on the contract. The Council did not have a consensus on the request. Council Member Pines reminded the Council that the City Attorney has already committed to providing them a confidential memo prior to the litigation session. CITY COUNCIL REPORT Council Member Bates • No Report Council Member Purvis • No Report Council Member Entsuah • Asked what the process was if something has been noticed on SR50. • Concerned about the entry to Winn -Dixie and people dangerously merging into traffic. Regarding SR50, Interim City Manager Dauderis said that Council Members can inform staff and staff will talk to contacts at the state level. Council Member Pines • No Report Mayor Murry • Concerned about people running in the street on Minnehaha. He would like to see sidewalks installed on the south side. City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 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 Item No. 2 — Contractor Name Change Item No. 3 — Contract Name Change Item No. 4 — Clermont Historic Village Use Agreement First Amendment Consider approval of the April 27, 2021 Council Meeting minutes. Consider request for contractor name change from Curry Controls Company to Revere Control Systems, Inc. Consider request for contractor name change from Reiss Engineering, Inc. to CHA Consulting, Inc. Withdrawn by Staff MOTION TO APPROVE items 1, 2, and 3 of the Consent Agenda for May 25, 2021 made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicing ave. UNFINISHED BUSINESS This item was heard out of order and was considered during the Interim City Manager's Report. Item No. 5 — Ordinance No 2021-013 — FINAL — Disston Duplexes 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 CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. Deputy City Clerk Lueth read the legal title into the record. MOTION TO TABLE for future consideration Ordinance No. 2021-013 until June 8, 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 Item No. 6 — Ordinance No. 2021-014 — FINAL — Speed Zones AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; AMENDING CHAPTER 70 "WATERWAYS" OF THE CODE OF ORDINANCES, AMENDING ARTICLE I "SPEED LIMITS", SECTION 70-1 "AUTHORITY", SECTION 70-2 "DEFINITIONS", SECTION 70-3 "IDLE SPEED NO WAKE ZONES, SECTION 70-4 "ADOPTION OF SPEED LIMITS" AND SECTION 70- 5 `ENFORCEMENT AND PENALTY"; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Lueth read the legal title of the ordinance into the record. Public Services Director Stoney Bronson made a brief staff presentation. Director Bronson displayed maps and showed the Council where the permitted buoys would be located. He told the Council that Lake Hiawatha would not be approved for buoys until the docks are built. Interim City Manager Dauderis clarified for the Council that the boat ramp buoys will be placed sooner than those at Lake Hiawatha. Council Member Purvis asked when the buoys would go in. Director Bronson replied that they would go after the state has a 30 day review. Mayor Murry opened the floor for comments from the public; seeing no public come forth the floor was closed. MOTION TO APPROVE and adopt Ordinance No. 2021-014 made by Council Member Entsuah. Seconded by Council Member Pines. Passed 5-0 on a roll call vote with all members present voting ave. Item No. 7 — Variance Request — DWW Squared — This item was withdrawn. NEW BUSINESS Item No. S — Resolution No. 2021-027R — Rental Depot CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR STORAGE AND DISPLAY OF RENTAL EQUIPMENT IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; AND PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENORS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Lueth read it the legal title into the record. Planning Manager John Kruse provided the staff report. The applicant would like to construct an equipment rental business with an outdoor storage and display area on property located in the C-2 General Commercial zoning district. The subject property is located south of the Irish Trails Farm and Pet Supply store, between Bloxom Avenue and US Highway 27. The Future Land Use is Commercial. The applicant is proposing construction of a 7,000 square feet single -story building consisting of an office and light warehouse uses. City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 The applicant has provided a conceptual site plan that indicates the layout of the proposed building, landscape buffers, dumpsters, parking, and the outside storage and display areas for the project. The plan identifies one access point off Bloxam Avenue and cross -access from US 27 through the Irish Trails Farm Supply property. The proposed development will be required to provide an additional 30 percent plant materials for the landscape buffers adjacent to the rights of way to ensure an opaque screening from the streets. The applicant is not requesting any variances to the Land Development Codes and the building will be required to comply with the Clermont Architectural Design Standards. The proposed project will not be permitted storage or display of any large rental equipment or machines adjacent to US Highway 27. The applicant has indicated the project traffic generation is insignificant and the project impact is de minimis because of the limited special services and products offered at this location. The business hours of operation will be Monday through Saturday from 7:00 am to 6:00 pm, and closed on Sundays to help minimize any noise and adverse impacts to the adjacent properties. Staff has reviewed the application and proposed project and determined that the proposed use will not be detrimental to the health, safety and general welfare of the community. The use of the site is not out of character with the existing neighborhoods or adjacent properties. The Conditional Use Permit will not be in conflict to the Clermont Comprehensive Plan goals, objective and policies for the current land use designation. The proposed use will comply with the regulations and conditions specified in the codes and provisions of this resolution. Staff recommends approval and the Planning & Zoning Board also recommends approval. Mayor Murry invited the applicant to the podium. Jim Kirk, 9069 Grayhorn Circle, Orlando — Applicant. Stated he is available for questions. Mayor Murry opened the floor for comments from the public; seeing not public the floor was closed. Council Member Purvis asked if this is an equipment rental location. Mr. Kirk gave an overview of his business. Council Member Purvis asked if the equipment would be facing US 27. Mr. Kirk said no. Council Member Purvis asked what the area in the back was designated as. It was identified as a retention pond. Council Member Bates cautioned the applicant due to a past situation and suggested the applicant invest in security. Council Member Entsuah asked about access to the property. Planner Kruse stated there is a cross -access easement in place. Council Member Purvis asked the applicant to agree to take his small items inside at night for safety and security. City Attorney Mantzaris asked the Council to clarify "small items". The Council said they would be small or easily portable equipment pieces. The applicant agreed to take smaller items on the front of the building inside. MOTION TO APPROVE the adoption of Resolution 2021-027R ranting a conditional use permit with the additional condition that small items be relocated inside the facility after closing made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. E. City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 Item No. 9 — Resolution No. 2021-028R — Right at Home Health Agency CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PROFESSIONAL AND ADMINISTRATIVE OFFICE USE IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Lueth read the resolution legal title into the record. Planning Manager John Kruse made the staff presentation. The applicant is requesting a Conditional Use Permit (CUP) to allow for a professional/administrative office use in the R-3 Residential/Professional zoning district. The subject property is located at 792 E. Montrose Street and the Future Land is Low Density Residential. The CUP would allow the Right at Home Health Care Agency the ability to operate a professional office use that provides administrative support services for the existing business. The applicant has indicated that the business will utilize the existing building and since the previous use was comparable, no major changes are required to operate the business. The company's administrative support services may include employee/patients scheduling, payroll processing, human resources services, limited interviews and other various clerical support services at this location. The home health agency business provides in -home and onsite patient care services, which does not require any patients or customers to visit this location. Any proposed changes to the site will be required to comply with Clermont Land Development Regulations, including any building and fire safety codes. Staff has reviewed the application and proposed project and determined that the proposed professional office use will not be detrimental to the health, safety and general welfare of the community. The use of the site is not out of character with the existing neighborhoods or adjacent properties. The Conditional Use Permit will not be in conflict to the Clermont Comprehensive Plan goals, objective and policies for the current land use. Staff recommends approval of the CUP and the Planning & Zoning Board recommended approval 4-2. Mayor Murry invited the applicant to the podium. Glenn and Emily Feckenberg, 7092 Eastmont Road —Applicant. Mr. Feckenberg gave an overview of their work history and an overview of their business. He said that there was a concern with parking, but they had a professional consultant come out and do a study and they have determined they have eight (8) parking spots available. Mayor Murry opened the floor for comments from the public. Dale Mac, 540 E. Desoto — adjacent owner to the property. Opposed to the project. Dani Page, Tuscany Ridge — spoke in favor of the project. Seeing no further comments the floor was closed. Council Member Bates asked about parking and if the recently passed state law on home based business comes into play. W City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 City Attorney Mantzaris said that the home based business law would not apply as the location was not being used as a residence and the business use is an ancillary use to primary residence. The applicant agreed to not park on the streets or on adjacent properties. Council Member Pines asked if they had customers coming to the location. The applicant replied no. She felt that there is ample parking there as she visited the property. Council Member Purvis said he has been dealing with this property for multiple years. He strongly suggested the applicant clearly mark their property line for the neighbor to the west. The applicant agreed. Mayor Murry asked City staff about the parking area due to sloping property. He also wants it stipulated that the location is for only professional and administrative office; no patients should be seen at the site. City Attorney Mantzaris stated that the resolution stipulates that it is for administrative and/or office use, but that they will add a prohibitive clause for seeing patients. The applicant clarified that training may occur at the property, but not with patients, only nurses. They do 1-on-1 training for their nurses. MOTION TO APPROVE the adoption of Resolution No. 2021-028R anting a conditional use permit with the conditions that parking on adjacent proverties be Prohibited and that the site cannot be used for patient meetings, treatments, or other made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 10 — Variance Request — New Jacobs Chapel Church Mayor Murry announced the agenda item and disclosed that he does sit on the board of trustees for the church, but has no financial connection to the church, so he will not be recusing himself from a vote. Planning & Development Services Director Curt Henschel provided the staff report. The applicant is requesting a variance to allow a church facility to connect to the potable water system for irrigation services instead of a private well as required by the Land Development Code, Section 114-4 (5). The subject parcel is located at 410 W. Highway 50 and the zoning is C-1 Light Commercial. On December 8, 2020, the City Council approved a Conditional Use Permit (Resolution 2020-71R) to allow the expansion of an existing church facility with the construction of a new 2,400 square foot multi -purpose building that is currently in review for site plan approval. The CUP conditions of approval requires some landscape improvements to the existing site. Due to the previous widening of State Road 50 in the past and some existing topography challenges, the new landscaping will be strategically located on the parcel. The property currently has some mature oak trees and existing vegetation, therefore requiring a small quantity of new landscaping. The Clermont Code requires an irrigation system for any landscape materials and the applicant must provide an irrigation plan to be reviewed and approved by the site review committee, prior to the issuance of any final development orders. In addition, the Land Development Regulations requires a private well to be constructed for irrigation purposes of any commercial development. The applicant is requesting a variance to irrigate from the existing potable water supply. The applicant has indicated the requirement to provide a private well would place an extreme hardship to the small local non-profit church organization with limited resources. Upon review it has been determined that the volume of water needed for the landscaping is de minimis. The property owner will be required to maintain all landscaping to ensure a healthy and orderly appearance at all times. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 The New Jacob Church has been in the Clermont community for many years, with the goal and collaboration to make a difference in the community by providing many outreach programs and services for the citizens and surrounding areas. Staff has reviewed the application as presented and finds the application does meet a positive finding for the granting of variance. Therefore, staff recommends approval of the variance request. Alfred Cheesboro, 519 Pitt Street, Clermont —Applicant. Asked the Council to approve the project so they can start construction on the previously approved expansion. Ricki Divinie, NewTec, Fort Meyers — Applicant Representative. They are anticipating construction in July pending a positive vote tonight. Mayor Murry opened the floor for comments from the public; seeing no public come forth the floor was closed. Council Member Purvis asked Director Henschel to clarify what "De Minimis" means and what the number is that equals that. Director Henschel replied that he is not able to provide that number, but restated that the impact is very minimal. Council Member Purvis expressed a concern about setting a precedent regarding these types of requests. He would like to see a policy to help guide the Council. MOTION TO APPROVE the variance request for New Jacob Chapel made by Council Member Bates. Seconded by Council Member Entsuah. Passed unanimously with all members present voicing aye. Item No. 11— Ordinance No. 2021-015 — INTRODUCTION— Skorman Multi -Family 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 CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. Deputy City Clerk read the ordinance title into the record. Council Member Entsuah asked the City Attorney to explain to the public why this item is back on the agenda. City Attorney Mantzaris provided a history of this request stating that the Council in February denied the applicant's request for a Planned Unit Development. The applicant then utilized its rights under Florida Statutes and sought relief from the Council's decision. They entered mediation as a pre -step to the appointment of a special magistrate process where the case would be reheard by the appointee. In mediation, the City and the applicant discussed revisions to their application based on concerns heard at the Council meeting where the development was denied. It is being brought back to the Council under the applicants rights in the dispute process. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 Mayor Murry asked what would happen if the Council denies the introduction of the ordinance. City Attorney Mantzaris explained that the mediation process is done to avoid litigation. If the Council denies the ordinance there would inevitably be litigation between the property owner and the City. MOTION TO INTRODUCE for future consideration Ordinance No. 2021-015 made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimous)}.- with all members -present voicing aye. Item No. 12 — Ordinance No. 2021-016 — INTRODUCTION — Commercial Watercrafts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; AMENDING CHAPTER 70 "WATERWAYS" OF THE CODE OF ORDINANCES TO ESTABLISH ARTICLE III; CREATING SECTION 70-34 "DEFINITIONS"; CREATING SECTION 70-35 "REQUIREMENTS FOR OPERATING PERSONAL WATERCRAFTS"; SECTION 70-36 "REGULATIONS FOR WATERCRAFT RENTAL BUSINESSES"; SECTION 70-37 "PERMITS FOR WATERCRAFT RENTAL BUSINESSES"; SECTION 70-38 "ENFORCEMENT"; AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, PUBLICATION, AND AN EFFECTIVE DATE. Deputy City Clerk Lueth read the ordinance title into the record. MOTION TO INTRODUCE for future consideration Ordinance No. 2021-016 made by Council Member Bates. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING May 25, 2021 ADJOURN: With no further comments, this meeting adjourned at 9:07 pm. Tracy Ackroyd Howe, MMC City Clerk 13 APPROVED: Tim Murry, Mayor