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06.08.2021 - City Council MinutesVERO CSNT Chace of Champions° CALL TO ORDER City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2021 The City Council met in a regular meeting on Tuesday, June 8, 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 The invocation was provided by Pastor Carlos Aviles Jr of Calvary Chapel Church followed by the Pledge of Allegiance. Interim City Manager Dauderis announced two changes to the agenda. Item No. 9 was being withdrawn at the request of the applicant and Item 10 was requested to be tabled to a date and time certain. The changes were considered by the Council and acted upon accordingly. MOTION TO TABLE consideration of the administrative qp2eal until June 22 2021 made by Council Member Bates. Seconded by Council Member Entsuah. Passed unanimouslywith all members present voicing aye. PRESENTATIONS Police Chief Charles Broadway recognized individuals for their service in calendar year 2020. Citizen of the Year — Renee Lowe Ms. Lowe gave a short acceptance speech thanking the police department, her friends, family and the Clermont Community. Life Saving Award — Officer Sean Coons and Officer Brian Rebando Officer of the Year Award 2020 — Officer Ethan Bell PUBLIC COMMENTS Dani Page, Tuscany Ridge, Clermont — Raised additional concerns about the partnership between the City and the Art District LLC. Demanded a motion to implement an investigation by outside legal counsel of the contract and city staff. Sue Cordova, 2768 Kingston Ridge Drive, Clermont— Stated she put in a public records request and feels that it was not fulfilled. Stated she will be taking civil action against the City if her requests are not fulfilled. Sharon Keys, 644 W. Osceola Street, Clermont — Representing the Lincoln Park South Lake Alliance. Asked the City to support the project. Stated what they are trying to accomplish is new and there is no comparative model. SONT CLER Chace of Champioru' REPORTS City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2021 INTERIM CITY MANAGER REPORT Interim City Manager Dauderis informed the Council that the June 15 workshop has been canceled. She also informed the Council that the all -day retreat on June 30 will be at the Highlander Building beginning at 9:00 am. CITY ATTORNEY REPORT City Attorney Mantzaris reminded the Council that there will be a closed litigation session at the June 22, 2021 meeting to discuss the VP Development/Art District litigation. CITY COUNCIL REPORT Council Member Bates No report. Council Member Purvis Council Member Purvis — Commended those recognized tonight during the Police Department Awards. Addressed comments made under open forum from Ms. Cordova — asked for emails from personal AOL account. There was a response to her. Sent in those emails. He sat with the City's IT department and went through 22 years of emails. Addressed comments made under open forum from Ms. Page — Called for Council support of a move to hire outside legal counsel to conduct an investigation. MOTION TO ENGAGE an outside law firm to look into the allegations and processes used within City departments. Seconded by Council Member Entsuah. Motion withdrawn prior to vote. Mayor Murry asked if there was going to be any issue with them conducting an investigation. City Attorney Mantzaris reminded the Council that they have the authority to order an investigation, but cautioned that the investigation needs to remain confidential due to current litigation going on with the Art District and VP Development. The Council discussed hiring outside Council with several members saying they support an investigation, but wanted to wait until after the June 22 closed door session. Council Member Purvis withdrew his motion stating that he plans to bring it back at the next Council meeting. Council Member Entsuah Council Member Entsuah — 0 Reminded the public about Pups in the Park this Saturday at Lake Hiawatha at 8:30am. Council Member Pines No report. LERO CSNT Choice of Champions' Mayor Murry City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2021 • Attending lots of events. • Asked about an agenda for the retreat. • Potholes on Grand Highway. Regarding an agenda for the retreat, Interim City Manager Dauderis stated that there is a facilitator in place that is working with the Council to build an agenda. Regarding potholes, Council Member Entsuah added there are potholes on Hooks Street by the intersection with Knights Drive that need to be reviewed. 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— Minutes Approval Item No. 2 — Clermont Historic Village Use Agreement First Amendment Consider approval of minutes of the April 20, 2021 Workshop and May 25, 2021 Council Meeting. Consider approval of the Grace Chapel and Replica Outhouse addition to the Historic Village Site. MOTION TO APPROVE the Consent Agenda as presented for June 8. 2021 made b Council Member Bates. Seconded by Council Member Pines. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 3 — 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. City Clerk Howe read the legal title of Ordinance No. 2021-013 into the record. The staff presentation was made by Planning Manager John Kruse. The applicant is requesting a rezoning to a Planned Unit Development (PUD) to allow for development of six (6) two-family styled housing units, with the maximum not to exceed 12 units for the entire site. The conceptual site plan identifies that each unit will be two bedrooms with an attached single car garage and provides approximately 1,300 square feet of living space. The Land Development Code, Section 98- 14 requires two parking spaces for each two -bedroom residential unit. The applicant has identified the garages and a driveway to meet the parking requirements. The proposed project layout as designed does not comply with the Land Development Codes. 3 CLERCity of Clermont ' 1. O^'T MINUTES ct,aceo�Cn--p«,s REGULAR COUNCIL MEETING June S, 2021 The Future Land Use is Commercial, which allows the maximum of 12 units per acre. The proposed project is similar in design and comparable to a smaller apartment community, which is required to provide onsite dumpsters with enclosures to meet the refuse and collection needs of the proposed housing development. The project as designed does not provide any onsite dumpsters. The applicant is requesting the 12 housing units to use curbside pickup from the adjacent streets, therefore, each week the residents would be required to place City trash containers and recycling bins at the curbside of the local streets for collection. The very large containers located curbside each week may be considered a nuisance to adjacent property owners and the community. Staff has reviewed the application and proposed project and has determined that as designed, the project does not comply with the Land Development Regulations and general requirements for granting a Planned Unit Development (PUD). Staff recommends denial of the Ordinance. The Planning and Zoning Commission voted 7-0 to make a recommendation of denial. Mayor Murry asked if the applicant was present. Bob Thompson, 11905 Egret Bluff, Clermont —Applicant Representative. Mr. Thompson thanked staff for their willingness to work with them. He asked forgiveness regarding the dumpster and says they would prefer the garbage cans. Mayor Murry opened the floor for comments from the public. Vincent Niemiec, Regency Hills, Clermont — Opposed the project. Mr. Niemiec questioned where the garbage cans will be placed. Expressed concerns about Fire and EMS access. Lavonte Rogers, Osceola Street, Clermont — Opposed the project. Mr. Rogers said that in his neighborhood it is horrendous on trash day. Trash cans are in the road. Expressed concern. Charlene Forth, 939 W. Desoto Street, Clermont — Opposed the project. Seeing no further comments, the floor was closed. Council Member Bates asked where a dumpster would go on the property. Mr. Thompson displayed a map where a dumpster would be placed. He spoke against the dumpster saying that they attract nuisances such as rats. He also reminded the Council that the project meets all other regulations. Council Member Pines stated that she is familiar with this area and suggested that the garbage cans would go along Disston Street. She also reminded the Council that it would not be new as there is multi -family across the street. She feels this is a good location for this project. Council Member Pines asked if this would be affordable housing. Mr. Thompson stated that they are looking at charging $1,150/month for rent. Council Member Purvis stated that he likes the concept of the project but he has concerns about the trash and the streets. He asked the applicant if they would be willing to amend their current plan if the City was able to identify a different solution. The applicant agreed stating that he will put a dumpster on the site for now. 4 LE 0 OA , City of Clermont C I1' I IvT MINUTES CWceofchampbn!' REGULAR COUNCIL MEETING June 8, 2021 MOTION TO APPROVE and adopt Ordinance No. 2021-013 with addition of verbiage agreeing to improve trach collection at this property at such point in time that another solution is available made by Councilmember Purvis. Seconded by Councilmember Entsuah. Prior to the vote, City Attorney Mantzaris suggested that Council Member Purvis amend his motion to adopt the ordinance as presented, but allow the applicant the right to come back to the Council to adjust his plan if collection ordinances are changed for the City. Council Member Purvis agreed to amend the motion and Council Member Entsuah agreed to continue his second to the amended motion. MOTION TO APPROVE and adopt Ordinance No. 2021-013 as presented but re uire the applicant to return to the City Council to amend his garbwe collections should the City change their current collection practices for a better solution made by Council Member Purvis. Seconded by Council Member Entsuah. Fails 2-3 on roll call vote with Council Members Entsuah, Bates, and Mayor Murry opposing Mayor Murry recessed the meeting at 7:34 PM; meeting reconvened at 7: 44 PM. Item No. 4 — Ordinance No. 2021-015 FINAL — 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. City Clerk Howe read the legal title of Ordinance No. 2021-015 into the record. Prior to the staff presentation, City Attorney Mantzaris provided a history of the process to date. He explained that the Council had denied the initial ordinance which allowed the property owner to invoke their rights under Florida Statutes for a mediation which the City was required to participate in. The mediation process had an appointed Special Magistrate who acted as a mediator. He reminded the Council that the decision is theirs to make, but cautioned them that should they deny the project it will most likely go to an administrative hearing in front of the same Special Magistrate or go to the circuit courts for final review. The staff presentation was made by Planning Manager John Kruse. The applicant is requesting to rezone the property from Urban Estate to Planned Unit Development (PUD) for a 204-unit apartment complex. The 17 +/- acre property is located southwest of the Hooks Street and Excalibur Road intersection, adjacent to East Ridge Middle School. The future land use is Residential/Office, which permits up to 12 dwellings units per acre. The project can be served by City services. A traffic impact analysis has been conducted and showed no new roadway deficiencies because of the project. The applicant is requesting one waiver, cut/fill, up to a maximum of 13 feet over 10 percent of the site. Since this is a multi -family project, the maximum cut/full is limited to 10 feet. 5 Lrp0OA , City of Clermont C C11I ( 'vT MINUTES choice of champions REGULAR COUNCIL MEETING June 8, 2021 The applicant revised the conceptual plan and has reduced the volume and depth of the original cut/fill request and the request for retaining wall heights greater than six feet has been removed. Planner Kruse highlighted the changes made during the mediation process and stated that a last minute condition had been added to the ordinance as a condition of approval in that the applicant must begin substantial work on the site within one year of adoption of the ordinance. Staff has reviewed the application and the proposed project and determined that the location is suitable for multi -family use since the future land use of Residential/Office allows this type of land use. The property has access to major road networks. The revised conceptual plan does preserve the natural topography of the site as much as possible. Staff is able to support the request and recommends approval of Ordinance No. 2021-015 . Mayor Murry asked if the applicant was present. Tara Tedrow - Applicant Representative. Ms Tedrow provided a thorough review of the project via PowerPoint. Highlighting that Traffic Impact Analysis (TIA) which was reviewed and approved by the City's traffic engineer as well as shows that the impact to the area will be inconsequential. She also reviewed Section 70.51 of Florida Statutes and explained that the mediation process was meant to be collaborative, not adversarial. It provides an opportunity to work through stated reasons for a projects denial and come to a mutually agreeable resolution, if available. On April 30, 2021, City staff participated in that process with the applicant and an agreement was made as to the PUD modifications. Ms Tedrow concluded her presentation restating that after the project is built, no transportation deficiencies were identified. The projected traffic impact is anticipated to be 1.7 percent or less which means there are no operational concerns identified. Based on the applicants meeting of all code regulations and demonstrating through substantial comprehensive evidence that there will be no impact to traffic, Ms. Tedrow requested the approval of the Council based on the agreed upon conditions. Mayor Murry opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont — Expressed opposition to the project. Supported the Council going to litigation. Dani Page, Tuscany Ridge, Clermont — Expressed opposition to the project. Supported the property staying Urban Estate Low Density. Seeing no further comments, Mayor Murry closed the floor. Ms. Tedrow returned to the podium and addressed the comments made by the public. Council Member Bates disclosed that he met with the applicant. He said that the applicant has good ideas and good thoughts and they did come back with a better plan, however, he still has an issue with the traffic. Council Member Purvis disclosed that he had email communication with the applicants. He is concerned about entry and exiting of the complex and where the school bus loading zone will be. Chuck Hitte, BESH Engineering — Applicant Representative. Informed Council Mmber Purvis that the bus loading/unloading zone would be at the Clubhouse and that it would enter and exit off of Hooks Street. C. LrpA , City of Clermont C E f NT MINUTES Chace&Champb,s - REGULAR COUNCIL MEETING June 8, 2021 Council Member Entsuah disclosed that he had a phone call with the applicant. He expressed concerns that the project is too large for the site. Mayor Murry disclosed that he received a request for a meeting from the applicant which he denied. He thanked the applicant for the presentation, but stated he still has a concern with the traffic. Ms. Tedrow explained that the level of service is sufficient and there is a 68 percent capacity remaining on the roads. She reminded the Council that the traffic was determined to be minimal. MOTION TO DENY the adoption of Ordinance No. 2021-015 made by Council Member Bates. Seconded by Council Member Entsuah. Passed 3-2 on roll call vote with Council Members Purvis and Pines voting in support of the project. City Clerk Howe read the legal title of Ordinance No. 2021-016 and Resolution No. 2021-036R into the record. The items were presented concurrently and voted on separately. Item No. 5 — Ordinance No. 2021-016 FINAL — 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 EFFECTIVE DATE. NEW BUSINESS Item No. 6 — Resolution No. 2021-036R — Comprehensive Fee Schedule Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE PARKS AND RECREATION FEE SCHEDULE; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE The staff presentation for both Ordinance No. 2021-016 and Resolution No. 2021-036R were made by Parks and Recreation Director Scott Davidoff. Parks and Recreation Director Davidoff explained that both the ordinance and resolution are a result of direction received from the Council. The proposed ordinance amendment to Chapter 70, Waterways addresses creates a required permit for commercial operators of rental watercraft, their regulation and enforcement. The resolution establishes a fee of $500 for an annual watercraft rental business permit as would then be required by City Code. 7 CLERI`'�ON City of Clermont T MINUTES Chace of Champions• REGULAR COUNCIL MEETING June 8, 2021 Director Davidoff stated that enforcement would be based on a three -strike system and after three -strikes a permit would be revoked. Mayor Murry opened the floor for comments from the public; seeing no public come forth the floor was closed. Council Member Bates asked if a strike would go against an owner or a business. Interim City Manager Dauderis explained that the penalty would go against a business as that is who is receiving the permit. City Attorney Mantzaris reminded the Council that as will all new ordinances, the City will have to work through some'issues, tweak regulations, and utilize the Code Enforcement process where allowed. Council Member Bates asked if staff had modeled the ordinance after other municipalities. Interim City Manager Dauderis replied that they had looked at several other ordinances, but there were no other ordinances that directly duplicate the conditions and situations that Clermont is trying to address. Staff took best practices gleamed from the example ordinances and incorporated into the document under consideration. Mayor Murry stated that businesses should get a second chance and be able to reapply a couple years after their permit was permanently revoked. Council Member Bates disagreed with Mayor Murry. Seeing comments from the public, Mayor Murry reopened the floor. Katie (Unknown), 1850 Great Falls Lane — Asked about the City's requirement for insurance and why it is double what the Florida Wildlife Commission requires. City Attorney Mantzaris responded that the City is requiring a permit and a fee because it gives the City a tool to regulate the boat ramp and an extra level of enforcement. Seeing no further discussion, Mayor Murry called for the vote on Ordinance No. 2021-016. MOTION TO APPROVE and ado t Ordinance No. 2021-016 made by Council Member Bates. Seconded by Council Member Pines. Passed 4-1 on a roll call vote with Council Member Purvis opposing. Parks and Recreation Director Davidoff reiterated that Resolution No. 2021-36R is complimentary to the ordinance just adopted. The resolution sets the fee for the permit which staff is recommending be set at $500 annually. Council Member Pines agreed with the fee amount believing it is appropriate. She asked if it was comparative to other municipalities. Director Davidoff replied that it is appropriate in comparison. Council Member Entsuah agreed with Council Member Pines. Council Member Bates and Purvis expressed concern that the fee was excessive. Mayor Murry stated he felt the fee was not high enough. Council Member Purvis asked what the business tax receipt costs for doing business in the city. City Attorney Mantzaris responded that the business tax receipt varies by business type but is usually around $40.00. Council Member Purvis stated it was unfair to charge a business $500 just because they have a propeller. 91 LrpO ' City of Clermont C E I N , MINUTES chdceofcna, REGULAR COUNCIL MEETING June 8, 2021 City Attorney Mantzaris further clarified that the Business Tax Receipts are set by state statute and is a tax for the privilege of doing business within the City; it is different than a permit with has greater restrictions and which is under consideration by the Council. This permit relates to the City's responsibility to protect the public's health, safety and welfare. Council Member Pines reminded the Council that these businesses are using City property to conduct their business. Mayor Murry echoed the comment saying that these businesses are making their income off of City assets. Mayor Murry opened the floor for comments from the public on the Resolution. Tammy McCoy, 8641 Spyglass Loop — Opposes the fee increase. Asked the Council to keep vision of "Choice of Champions" in place. Believes increasing fees could chase away business and revenues. Dani Page, Tuscany Ridge, Clermont — Supports the fee increase. Suggested that permit fees can go to fund police marine unit needs. Vincent Niemiec, 4569 Barrister Drive, Clermont — Supports the fee increase. Charlene Forth, 939 W. Desoto Street, Clermont — Supports the fee increase. Katie (Unknown), 1850 Great Falls Lane — Asked for further clarification on why the City is asking permit holders to retain insurance that is double the requirement by the state. City Attorney Mantzaris responded that if something should happen to an individual on the lake due to an accident by a permit holder that was launched at the boat ramp, the city will be a party to that lawsuit. The City does have sovereign immunity that may protect it, but the $2,000,000 is consistent with other agreements where the City is exposed to significant risk. The increase in the insurance holdings provides extra protection. Greg Ammon, 550 East Avenue, Clermont — Supports the fee increase Max Kryzminski, 3497 Embers Lane, Clermont — Asked where the fee revenues will go. Asked who is enforcing regulations on the water. Mayor Murry responded that the County has jurisdiction on the waterways, but the Clermont Police Department has entered into a Memorandum of Understanding with the Sheriff's Office to grant the Clermont Police Department enforcement capabilities. Seeing no further comments, the floor was closed. MOTION TO APPROVE and adopt Resolution No. 2021-036R implementing a permit fee in the amount of 500 made by Council Member Entsuah. Seconded by Council Member Pines. Passed 3-2 with Council Member Bates and Purvis opposin . After the vote, Interim City Manager Dauderis addressed items brought up in the public comment. She informed the Council that there is a code enforcement position that was frozen due to the pandemic, but the City can use funds from the American Rescue Act (ARA) to fund that position. The position would require about $15,000 for the remainder of the current fiscal year, and $60,000 for FY2022. 9 CLER�" ION City of Clermont T MINUTES choiceofchampiorW REGULAR COUNCIL MEETING June 8, 2021 The position would work on the weekends and assist with code enforcement needs throughout the city during the rest of the week. She informed the Council that even if the ARA funds are not made available, the city's administration is still requesting this position be unfrozen and activated. Mayor Murry said he would like to see additions to the code enforcement staff. Interim City Manager Dauderis continued that the Police Department needs a dedicated police boat for their enforcement activities. She informed the Council that the Fire Boat is not easily maneuverable and cannot get around. Staff is requesting direction from the Council on whether to move forward with the acquisition of a police boat and truck which would be approximately $140,000. The entire cost would be covered by police impact fees. Council Member Purvis expressed concerns about not having the staff to use the equipment since patrolling the lakes on the weekend is voluntary overtime. Interim City Manager Dauderis said that it is a possibility, but right now they are only looking for direction on the boat as there is a seven (7) month lead time. Council requested that the item be brought back for consideration and to give the public a chance to comment. Item No. 7 — Variance Request — Modern Orthodontics Development Services Director Curt Henschel made the staff presentation. The applicant is requesting a variance to allow additional signage located at his business located at 1455 East Highway 50. The subject parcel is currently improved with a single commercial building being used as a professional office for Modern Orthodontics. The property fronts on Highway 50 and is zoned C-2 General Commercial. The applicant recently installed this additional signage, which is not in conformance with the City's sign code. The applicant is seeking this variance request in order to keep the sign in place. Under the City's sign code exterior wall signs are limited to a maximum of 32 square feet in total area. The size of the exterior wall sign is approximately 170 square feet, which is approximately 17 feet wide and 10 feet high. The sign's placement offers itself a primary viewpoint from within the internal parking lot. The applicant has indicated on the variance application that it is a mural. However, staff has reviewed this application also under the City's new sign code section for murals and found that it does not meet the criteria for a mural. It should be noted that since this section of the code is relatively new, the applicant may not have been aware of this criteria. The applicant has indicated murals attract new local businesses, help bring customers to pre-existing locations, and boost the economy of an area. In order to grant a variance, the Land Development Code requires a positive finding of the Review Criteria; staff has reviewed the application as presented and finds the application does not meet a positive finding on two of five criteria. Therefore, staff recommends denial of the variance request. Mayor Murry asked if the applicant was present. Dr. Alan Wong, 16138 Truly Circle — Applicant. Dr. Wong gave a history of the property and his business. He explained how he has been a supporter of the City and City events providing thousands of dollars to the community. They added the mural as a way to make people smile as their business slogan is "Life is better when you're smiling". He requested that the City allow him to keep the mural as it is not a distraction and cannot be seen from Hwy 50. 10 CLERI" �ON City of Clermont T MINUTES c ,:,.fchampbru• REGULAR COUNCIL MEETING June 8, 2021 Mayor Murry opened the floor for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont — Supports the mural. Donald Hanavan, 10400 Cayeda Forest Drive, Clermont — Supports the mural. Lavonte Rogers, 667 W. Osceola Street, Clermont — Supports the mural. Vincent Niemiec, Barrister Drive — Opposes the mural. Seeing no further comments, Mayor Murry closed the floor and brought the issue to the Council for discussion. Council Member Bates said he sees this as a sign, but you cannot see it from the road, so he is torn. Mayor Murry agreed and said he would like to see the size reduced. Mayor Murry asked if the sign violated his overall signage for the building. Director Henschel stated that a conforming secondary sign would be within the code. MOTION TO DENY the request for variance made by Council Member Purvis. No Second. Motion dies for lack of a second. Council Member Pines asked if she could make a motion granting the variance if it meets the code. City Attorney Mantzaris replied that if the applicant has a sign that meets the code then the variance is not required. He either has the variance to exceed the sign code, he repaints the wall and shrinks the sign, or he removes the sign altogether. MOTION TO DENY the reguest for variance made by Council Member Purvis. Seconded by Council Member Pines. Passed 4-1 with Council Member Entsuah opposing. Item No. 8 — Mural Request — 705 W. Minneola Avenue Prior to the staff presentation, Director Henschel informed the Council that the applicant was not present. The applicant is requesting to allow for a mural artwork project to be located at 705 W. Minneola Avenue. Staff has reviewed the proposed mural artwork display and finds the project does meet the purpose and intent of the Code of Ordinances. Staff finds the mural can provide artistic value to the Clermont Community. Staff recommends approval of the proposed mural. Mayor Murry asked if the applicant was present. No one was present on behalf of the applicant. Mayor Murry opened the floor for comments from the public. Dani Page, Tuscany Ridge, Clermont — commented on advertising language being included with the artist's signature. Vincent Niemiec, Regency Hills, Clermont — commented on the advertising language stating that rules are rules. Seeing no further comments, Mayor Murry closed the public hearing. Council Member Purvis stated he is not in opposition of the mural if the hashtag is removed. 11 City of Clermont CLEki MINUTES cREGULAR COUNCIL MEETING June 8, 2021 MOTION TO APPROVE the mural as presented with the condition that the advertising language under the artists name be removed within 30 da s of approval by Council Member Purvis. Seconded by Council mmember Bates. Passed unanimously with all members present voicin a e. After the vote Council mmember Entsuah clarified that the hashtag is not the advertisement, but the account name after the @ sign is. Item No. 9 — Sidewalk Cafe Permit Request — Twisted Sugar This item was withdrawn from the agenda. Item No.10 — Administrative Appeal This item was tabled to date certain earlier in the meeting. CLOSING COMMENTS Prior to adjournment, Interim City Manager Dauderis announced that the June 30' retreat would be held at the Highlander Building. Based on the Council's last direction, she has planned a retreat to set priorities for the Council and that she has retained a facilitator for that day. The Council stated they would like the following items discussed: trash, parking, community center, waterfront, workforce housing. The Council asked when they would be discussing the parking lot. Interim City Manager Dauderis stated that is on the agenda for June 22, 2021. As for trash collection, the Council will be hearing that on July 27 as it needs to go to the Planning & Zoning Commission. City Attorney Mantzaris explained that a draft ordinance has been prepared and the Planning & Zoning Commission has requested a public hearing on it with the downtown business owners at their next meeting in July. 12 CLERSO City of Clermont I1' ' NT MINUTES chacedChampbn5 REGULAR COUNCIL MEETING June 8, 2021 ADJOURN: With no further comments, this meeting adjourned at 10:03pm. -\I W Y xylem Tracy Ackroyd Howe, City Clerk 13 I:\ Q:_ZZi]v"I Tim Murry, ayor