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08-24-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 24, 1999 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Brown, Council Member Lamb and Council Member.Wolfe. Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. A motion was made by Council Member Brown and seconded by Council Member Verol~fe: and carried unanimously to ap'prove the minutes of the regular Council Meetin~ hem Au~tntst 10: 1999. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that at a previous workshop representatives from the Chamber of Commerce addressed the Council about the publication they are doing requesting that the Council to purchase a full page ad. Mr. Saunders stated that the price is $2, 275.00 for a two year addition of that magazine. A motion was made by Council Member Biddle. seconded by Council Member Brown. and carried unanimously to approve the funds to purchase a full page ad in the Chamber of Commerce publication in the amount of SZ2ZS_. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 2 City Manager Saunders stated that a failure of Lift Station 15 had occurred and was discovered this morning when the lift station mechanic was doing her daily check. Mr. Saunders stated that the audible alarm, the visual alarm and the auto-dialer which ties directly into the City's Police Department also failed. Mr. Saunders stated that the failure resulted in an accidental discharge of sewage into Lake Minneola close to Bell Ceramics. City Manager Saunders stated that all of the regulatory agencies were immediately notified and the Waterfront Park swim area was closed. Mr. Saunders stated that the City also hand carried notices to all lakefront property residence and business owners around the lake. City Manager Saunders stated the water was tested in the morning and tested again in the afternoon. Mr. Saunders stated there is a 48 hour turnaround on the analysis and the results will not be known until Thursday. Mr. Saunders stated additional tests will be taken Wednesday morning and afternoon. City Manager Saunders stated there was a consensus that the station took a lightening strike that took out the mother board for the pump station but also took out the switch gear, the controller for the generator, as well as the auto-dialer. Mr. Saunders stated that as additional information is received from the test samples the media and residents would be notified. Mr. Saunders stated the City of Minneola had also been notified, as well as the schools. City Manager Saunders stated · that the City keeps spare parts available and as soon as the City's mechanic found the problem, they immediately got the lift station up and running. Mayor Turville stated that the lift station has a signal light on top, a horn that goes off making a loud noise, the auto-dialer that senses failure and calls the police, as well as a generator, so if the electricity had just gone off the generator would have cranked itself up and done the job. Mr. Turville stated that even if the generator had been alright, the transfer switches and the mother board was taken out by the lightening strike. Council Member Wolfe suggested that the City find a consultant to review our system and advise if there is any new technology available that could protect us against lightening strikes. City Manager Saunders stated that the City's system does have lightening protection equipment, but he will research new technology in lightening protection. Mr. Saunders stated that he called a meeting with the City's Public Service Director and the Utility CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 3 Supervisor and discussed what we can do to help protect us against this in the future and they will report back in a couple of days. Mr. Saunders stated that every city has lift stations and he will check and see if there is someone with'additional advice on how they are protecting themselves. Council Member Lamb sugge~ied that City Manager Saunders call Jim O'Neal. Ms. Lamb stated that Mr. O'Neal sells systems that protect from lightening. City Manager Saunders stated that the exact location of the spill is across the rail trail from Bell Ceramics. Mr. Saunders stated there is an old boat house there and it is his understanding that at one time years ago the boathouse had sewer connected to it and at some point in time it was disconnected. Mr. Saunders stated that this was not a situation where the City would have disconnected the sewer connection but the private owners would have done that and he was not sure when that was done. CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE Finance Director Van Zile stated that the City recently adopted a impact fee ordinance that will be effective December 1, 1999 for impact fees to be adjusted. Mr. Van Zile stated the ordinance was based on a study performed by an outside consulting finn and during the course of the study Staff requested additional services be performed by the consulting firm, specifically in relationship to revising the criteria that was used in determining the amount of impact fee to each developer based on their usage. Mr. Van Zile stated that the consulting firm has requested an addendum to their contract in the amount of $2,531.50. Finance Director Van Zile stated that he has reviewed the request with City Manager Saunders and they feel that the fee amount is justified based on the amount of work the firm did and the fact that this additional work was not anticipated in CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 4 advance of the contract they would request Council's approval of the addendum to the contract. A motion was made by Council Member Wolfe, seconded by Council Member Brown, and c.q. rried unanimously to approve the addendum to the contract in the amount of $2,531.50. COUNCIL MEMBER BIDDLE No report. COUNCIL MEMBER BROWN No report. COUNCIL MEMBER LAMB Council Member Lamb stated she had attended the League of Cities at the end of last week and through the weekend and several resolutions were passed. Ms. Lamb stated she will prepare a report so that each Council Member will have a list of all resolutions passed, a list of the new officers and other information. Ms. Lamb stated that she hoped next year all members of the Council will attend and stated many Cities had all of their members attend. Council Member Lamb stated that Clermont gets three votes and in the future she would like to see all of the Council Members present. COUNCIL MEMBER WOLFE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 5 MAYOR TURVILLE Mayor Turville read a Proclamation for the Daughters of the American Revolution that he signed earlier in the week. The Proclamation stated that because September 17, 1999 marks the 212th anniversary Of. the drafting of the Constitution of the United States of America, the City of Clermont proclaims the week of September 17, 1999 through September 23, 1999 as Constitution Week. VISITORS WITH BUSINESS Mayor Turville stated that the issues involving variance requests and Conditional Use Permits all require a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mark L. Kinchla-Indian Shores Development Corporation Planning Director Brown stated that the applicant is requesting a side yard setback of 20 ft. as opposed to the 35 ft. required by code for comer lots in the Indian Shores Subdivision. Mr. Brown stated that this request was previously granted by the City Council on February 10, 1998, but has expired, as variances are only valid for one year from the date granted. Mr. Brown stated that the basis for the variance is that the subdivision was platted prior to adoption of the new Land Development Regulations and the new regulations require comer lots to be 15% wider than the minimum width required by code and they call for a side yard setback of 35 ft. rather than 12 ft. Planning Director Brown stated that since the lots were sized based on the old code, they were not platted to account for the additional width or increased side yard setback as required by the new code. Mr. Brown stated that Staff recommends re-approval of this variance. City Clerk Van Zile swore in the following citizens: Mark L. Kinchla, 1131 Delaney Avenue, Orlando, Florida Howard Barry, 439 Carroll Street, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 6 Phil Jordan, 1246 Shorecrest Circle, Clermont, Florida Mark Kinchla stated that this is a previously granted variance that expired at the end of one year and they are coming ~ack under the same terms and conditions in order to get the variance re-approved. Mr. Howard stated that he did not believe there was a hardship and a variance should be based on a hardship and asked that the variance be denied. Planning Director Brown stated the subdivision was platted prior to the new Land Development Regulations and the developer is at:a disadvantage as they could not anticipate that there would be a new code that would impact their comer lots by reducing the size of structure that can be placed on comer lots. Phil Jordan stated he had a copy of a letter from Clarence and Ethel Cornel opposing this variance. Mr. Jordan stated also that he read the legal notice and that these lots are adjacent on two sides and the variance request is unclear. Mr. Jordan stated that the reason given him that the code was at 35 ft was because it was aesthetically unpleasing to be close to the street and he agrees with that and further stated that there was a safety issue being close to the street. Planning Director Brown read the letter from Mr. and Mrs. Cornel and stated that they were not included in the variance request because their home is already constructed on their lot. Mr. Brown stated that Mr. and Mrs. Comell will have the same opportunity at any time in the future to request a variance if they decide to expand their home. Director Brown stated that the variance request will only apply to the side yard setback. Mr. Kinchla stated that he worked closely with the City and it was very specific as to how the houses would face when the variance was originally approved so there would be no visual impact where one house could block another. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 7 City Manager Saunders stated the setback is only applicable to the side yard so the homes will be in alignment. Mr. Saunders stated that this is the same variance previously granted. Council Member Wolfe stated he did not feel the rules should be changed in the middle of the game. Mr. Wolfe stated/l~t when Mr. Kinchla bought the property he came to the City regarding our development regulations and did his engineering and construction on the basis of a 20 ft. side yard setback. Mr. Wolfe stated he felt it would be most unfair to now change the rules and require something different than Mr. Kinchla was originally told. Mr. Wolfe stated that there were 16 lots and he did not believe they would all be built on this year and therefore he anticipated that Mr. Kinchla would be back in another year to request' this same variance. Mr. Wolfe stated that since this subdivision was built in accordance with. the City's specifications at the time, the Council should do something so that Mr. Kinchla did not have to come back every year until the 16 lots were built. Mr. Wolfe stated that the hardship Mr. Kinchla has is that the City changed its Land Development Regulations and put Mr. Kinchla in this position. Mayor Turville stated that as a result of discussion during the last workshop, in the future the Council may be able to allow a longer period of time before a variance expires in order to prevent this situation. Mr. Turville stated that he feels this is a fairness issue and · as an example stated there have been situations when a citizen bought a 50 ft. lot in the old part of town and owned that lot for many years and now wants to pull a permit to build on that 50 ft. lot. Mayor Turville stated he does not recall anyone ever being denied a variance to build in that situation. Mr. Turville stated that the Council has approved the plat and just because Mr. Kinchla has a development instead of one house and it is taking longer than one year to build the development out, he should not be denied the variance because the rules have changed now. City Manager Saunders stated that if the Mr. and Mrs. Cornell wish to do an addition in the future, they will have an opportunity to request a variance. ~4 motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously to approve the variance for a 20' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 8 side yard setback on the corner lots 1, 32:33, 38, 44: 45: 50: 51, 56. 57. 62, 63 and 68, in Indian Shores Subdivision. UNFINISHED BUSINESS Mayor Turville stated that the issues involving variance requests and Conditional Use Permits all require a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Ordinance 381-M-Final Reading Brossier Company Mayor Turville read Ordinance 381-M by title only. Planning Director Brown stated this is a request for a small scale Comprehensive Plan amendment for a change in land use classification to allow commercial development of approximately 2.73 acres which is located north of Highway 50, west of Citrus Tower Boulevard and west of Oakley Seaver Drive. Mr. Brown stated the property is presently zoned Urban Estate and zoning to the east and south is C-2 Commercial and to the north and west Urban Estate with a PUD. This request will allow applicant to provide on-site water retention and the required number of parking spaces needed for a commercial project that includes a movie theater and two out parcels planned for restaurants. Planning Director Brown stated that Staff recommends approval. City Clerk Van Zile swore in the following: Bob Reese, 952 Moss Lane, Winter Park, Florida Jay Jackson, 1080. Woodcock, Orlando, Florida Howard Barry, 439 Carroll Street, Clermont, Florida Matt Modica, 657 W. Lakeshore Drive, Clermont, Florida Rick Naujokat, 13607 E. Highway 50, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 9 Bob Reese stated that it was discovered halfway through the planning process that to comply with the City Ordinance and Codes, they were not allowed off-site retention and · this amendment will allow on-site retention in compliance'with the City's code and they will not have to request a variance for off-site retention or parking if granted this amendment and the re-zoningJhey are requesting. Mr. Reese also stated that they are requesting a Conditional Use' Permit for the whole project, which includes two sit down restaurants and a stadium seat 12-screen theater. Matt Modica stated that when he was a member of Planning and Zoning they worked with the applicant and came up with a solution that everyone was happy with and the only issue was the "to-go" windows. Bob Reese stated that when the property was originally purchased the theater and two restaurants were approved and there had been a traffic study. Council Member Lamb stated that previous studies have shown that some of the lowest usage of land as far a traffic is concerned is movie theaters. A motion was made by Council Member Lamb, seconded by Council Member Biddle, .and carried unanimously by roll call vote to adopt Ordinance No. 381-M for a small scale comprehensive plan amendment changing the land use classification from Residential to Commercial for the purpose of constructing on site water retention and additional parta'ng to support a movie theater. Ordinance 382-M-Final Reading Brossier Company Mayor Turville read Ordinance 382-M by title only. Planning Director Brown stated that the applicant is also requesting that the vacant 4.7 acres of a larger 13.67 acre parcel located north of S.R. 50 and west of Citrus Tower CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 10 Boulevard and west of the future Oaldey Seaver Drive be rezoned from Urban EState to C-2 Commercial for the purpose of constructing on-site water retention and additional parking to support a proposed movie theater and restaurant project. Mr. Brown stated that Staff is recommending approval of the re-zoning of the 4.7 acres to C-2 Commercial so that the entire parcel will have commercial zoning. City Clerk Van Zile swore in the following: Bob Reese, 952 Moss Lane, Winter Park, Florida Mr.. Reese stated he was available to answer any questions regarding the application for re-zoning. A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously by roll call vote to adopt Ordinance No. 382-M. Resolution No. 1078 Brossier Company Mayor Turville read Resolution No. 1078 by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to construct a movie theater including two out parcels for restaurant uses. Mr. Brown stated that the property is located North of S.R. 50 and west of Citrus Tower Boulevard and west of the future Oaldey Seaver Drive. Mr. Brown stated that the request is in accordance with the City's Future Land Use Map and with criteria established for the UD-5 land use district. City Clerk Van Zile swore in the following: Rick Naujokat, 13607 E. Highway '50, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 11 Charles Forth, 939 W. DeSoto Street, Clermont, Florida Bob Reese, 952 Moss Lane, Winter Park, Florida Don Ballard, 3526 Westerharn Drive, Clermont, Florida Jay Jackson, 1080 Woodcock, Orlando, Florida Mr. Reese stated he had worl~d hard with the Staff and Planning and Zoning Commission and agreed to most of their conditions. Mr. Reese stated that one of the conditions that they have a problem with is the restriction on the drive-through with the two restaurants. Mr. Reese stated these were sit-down restaurants and many of these types of restaurants are puffing in single drive-through pick-up windows. Mr. Reese stated that the property has a current zoning of C-2 and has the uses allowed with that zoning. Mr. Reese stated that they are using ground bound signs, increased landscaping, 12 and 14 foot trees and enhancements that are far in excess of code. Mr. Reese stated the Conditional Use Permit is for the project as whole. Mr. Reese stated that he would feel penalized if the drive-through windows were denied, since the zoning already allows that and he did not feel they should be denied just because he is requesting a Conditional Use Permit for the project as a whole. Planning Director Brown stated that Staff recommends approval of the Conditional Use Permit with the listed conditions. Mr. Brown explained and reviewed those conditions with the Council, including the request for a variance that would allow one sign to be 200 square feet rather than 100 square feet allowed by Code, and 24 feet in height rather than 20 feet allowed by Code, for a theater marquee. Charles Forth stated that he had concerns regarding drive-through activity and wanted to limit that on Highway 50 and the Planning and Zoning Commission recommended only one drive-through and not two, for the out parcel restaurants. Rick Naujokat stated that he lives west of the property where the Sonny's Bar-B-Que Restaurant is going to be and is concerned that the smoke that may be generated by the restaurant will come straight into his back yard. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 12 Mr. Ballard stated that the property is zoned C-2 which allows a drive-through and these are sit-down restaurant with drive through take-out windows and he does not feel that will generate a traffic problem. Mr. Barry requested clarification regarding the signage condition. Mr. Reese stated that all of the signs are ground mount monument signs with a base of approximately four feet and all of the signs will be landscaped and decorative brick. · Mr. Jackson stated that sit down restaurants with drive-through pick-up windows have less trip generation traffic than other uses. Mr. Jackson stated that a sit-down restaurant is a "destination". Mr. Jackson stated further that drive-through take-out windows are primarily "passer-by" traffic and not new traffic. Council Member Lamb stated that she tries to judge each project that comes before the Council-based on whether she feels it is "smart growth" and she feels that this developer has gone beyond his requirements and tried to make this a better project for Clermont and she does not feel there can be a better situation than this project. Ms. Lamb stated she is supportive of this project as written, with one drive-through take out window. A motion was made by Council Member Lamb, seconded by Council Member Biddle: and carried unanimousl, v by roll call vote to adopt Resolution No. 1078. Resolution No. 1079 Lowder Construction Company, Inc. Mayor Turville stated that the issues involving variance requests and Conditional Use Permits all require a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Mayor Turville read Resolution No. 1079 by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 13 Planning Director Brown stated that applicants are requesting a Conditional Use Permit for a Planned Unit Development of approximately 25 acres that lies north of Oaldey Seaver Drive, east of Citrus Tower Boulevard. Mr. Brown stated that the property is vacant and is presently zoned Rural Residential. Mr. Brown stated that the property to the north, east and west is classified Residential land use. Planning Director Brown said the applicant is proposing to ~velop a 300-unit apartment home. community and the request is in accordance with the City's Future Land Use Map and criteria established for the UD-5 land use district. Planning Director Brown stated that Staffwas recommending approval with the conditions listed in the drafted Conditional Use Permit and reviewed those conditions with the City Council. City Clerk Van Zile swore in the following persons: Robert M. Hardwick Jr., 1736 Radcliff Road, Montgomery, Alabama Darryl Carter, 908 South Delaney Avenue, Orlando, Florida Don Ballard, 3526 Westerham Drive, Clermont, Florida Charles Forth, 939 W. DeSoto Street, Clermont, Florida Matthew Modica, 627 W. Lakeshore Drive, Clermont, Florida Darryl Carter stated that Mr. Hardwick, representing Lowder Construction, would address the Council. Mr. Carter reviewed the site plan with the City Council and gave an overview of the overall project. Mr. Carter explained that the site is approximately 25 acres and the overall density on what was all of the original property is 2.5 units per acre which is significantly below the allowed density. Mr. Carter stated that the development has contemplated traffic needs and he feels the project is appropriate for the location next to the new hospital and new college campus. Mr. Carter also explained that the roadways planned would allow traffic from their project to access the hospital, the college and the Kash N Karry site without ever having to go on Highway 50. Mr. Carter stated that there was also a connection to the trail and they gave a easement for that to go underneath Hancock Road eliminating any traffic or safety issue. Mr. Hardwick stated it was a pleasure working with the City's Staff and having good communication and getting straight answers. Mr. Hardwick stated the units will-be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 14 broken down into 1 bedroom-1 bath, 2 bedrooms-2 bath and 3 bedr0om-2 bath apartment homes. Mr. Hardwick stated that there will be a sidewalk right in front of the property that leads straight to the bike trail. Council Members Lamb, Wo. lf.e and Brown all disclosed that they had spoken with Mr. Hardwick during the week. Matt Modica stated that he felt the project was first class however he had problems with the traffic that this project will create on Highway 50. Howard Barry stated he has concern with population density and believes this project will create traffic problems. Charles Forth stated that he felt making a decision on a conceptual drawing was inappropriate and the Land Development Regulations require more on a Conditional Use ' Permit on this type of development. Mr. Forth stated that the complete plans should be reviewed before a decision. Mr. Forth stated also stated that he felt there was going to be a large impact on the City's recreational facilities and did not support this project. Mr. Carter stated that the permit requires an independent traffic study be done and based upon the results of the traffic study, the City may require additional things at the time of construction of any portion of the project. Mr. Carter stated that the developer is contributing significantly to infrastructure and improvements. Council Member Wolfe felt the project was well done however he was also concerned about traffic. Mr. Wolfe stated that everyone who comes before the Council always says their location is good and he is concerned about this traffic. Council Member Lamb stated that she has opposed apartment complexes but feels our Comprehensive Plan requires we have apartments and that an apartment complex located by a hospital and college is an excellent location. Ms. Lamb stated that just because other apartment complexes were approved in the past, did not mean this was not a good project and she felt this project was a good one and supported it. Ms. Lamb stated that CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 15 she felt the project would compliment the area and people would not get into their cars since the hospital, college, the bike trail and the commercial areas for shopping are right there for the residents of the complex. Council Member Brown stated he felt this was.a great location and although he also was concerned about traffic, he fs[~ the road connectors were good and would actually help alleviate some of the traffic on Highway 50. Council Member Biddle agreed that the project and location was a good one and felt the City's Staffdid an excellent job working with the developer. Mr. Biddle stated that the. building of Oakley Seaver Drive will help keep people off of Highway 50 and the landscaping far exceeds of Code requirements and there are a lot of good things in the plan. Mr. Biddle stated, that if these apartment homes were built somewhere else, that would actually put people on the road to get to the hospital and college.. Mayor Turville stated that it is true there are several apartment complexes that have already been approved. Mr. Turville stated that he specifically had not approved of the project that the Council approved on East Avenue. Mayor Turville stated that if the Council is going to do good planning, now is the time and the fact that they have approved things in the past does not mean a good project should not be approved when it comes along now. Mr. Turville stated this project location had entertainment, college, hospital, shopping and recreation facilities and many of the people that will be living in this apartment home project will not even find it necessary to go under 27 on Highway 50. A motion was made by Council Member Lamb: seconded by Council Member Brown: and carried by roll call vote to adopt Resolution No. 1079. (Council Member Wolfe opposed). ??-/?7 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 16 NEW. BUSINESS Engineering Firm Selection City Manager Saunders stated that three engineering finns made presentations to the City Council at a workshop and w'6~e short-listed and ranked as follows: Boyle Engineering, DRMP and P.B.S. & J. A motion was made by Council Member Biddle: seconded by Council Member Brown: and carried unanimously that the firms of Boyle engineering. DRMP and P.B.,~.& J. be ranked in that order and that Sta..ff is authorized to neEotiate with the number one ranked~rm. Bid Award Hand Held Meter Reading System Finance Director Van Zile stated that the City has experienced problems with the old meter reading system because of its age and because it is not Y2K compatible. Mr. Van Zile requested approval of a low bid fi:om Sensus Technology, Inc. in the mount $10,032.00 for a new hand held meter reading system. Mr. Van Zile stated that the new system also includes a wand that allows the meter reader to read the meter without hand punching in the numbers and in the future our water meters can be adapted to use this more efficient and time saving method. Mr. Van Zile stated any water meters put in new subdivisions could have this technology and the old meters presently being used will be read by punching in the numbers. A motion was made by Council Member l~rol~fe, seconded by Council Member Biddle, and unanimously carried to approve the low bid.from Sensus TechnoloLrv, Inc. for a new hand held meter reading ~. stem in the amount qf$10.032.00. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 17 Plat Approval City Manager Saunders stated that approval is requested for the Plat for The Sommerset At Kings Ridge and stated that the plat has been reviewed and meets all codes. A motion was made b~ Council Member Biddle. seconded by Council Member Brown, and unanimously carried to approve the plat for The Sommerset At Kin~s Ridge. Election Qualifications-Resign to Run City Manager Saunders stated that qualifying ended on August 13, 1999 and Mr. Matt Modica submitted his qualifying papers. Mr. Saunders stated that on Monday August 16, 1999 several inquiries were made regarding Section 12, Article II of the City Charter which is a "Resign to Run" requirement for anyone wishing to qualify for the City election. Mr. Saunders stated that at that point he passed the inquiries to the City Attorney as it is not the City Manager's decision to decide who qualifies for an election. City Manager Saunders stated that it was discussed with the Council at a workshop and at their direction he talked with the Lake County Supervisor of Elections and contacted Attorney Bucky Mitchell who is the Assistant General Council for the State of Florida Division of Elections. Mr. Saunders stated that Attorney Mitchell provided a letter to the Council stating that he was not aware of any provision that would remove Mr. Modica from the ballot short of a court order. Mayor Turville read from an article in the Annual Report Of The Attorney General, the summary of a case with respect to "Resign to Run" requirements. City Attorney Guthrie suggested that a discussion be held regarding how to interpret situations where there is a conflict in our City Charter qualification requirements and th~ State qualification requirements. City Attorney Guthrie stated that Attorney Mitchell's opinion was helpful. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 18 Council Member Lamb stated that two of the City's biggest conflicts in the last few years has been over Charter issues. Ms. Lamb stated that other cities go over their Charter every couple of years and make certain they are not in conflict with the State requirements. Ms. Lamb suggested a workshop to discuss Charter revisions. Ms. Lamb apologized to Mr. Modica for the situation. After further discussion there was consensus by the Council to request City Attorney Guthrie review the City Charter. Matt Modica stated that he qualified on Friday, the City took his $36.00, his signatures were alright and he was a candidate. Mr. Modica stated he felt the City should define the criteria for qualification more clearly. Mr. Modica stated that he hopes this issue can be ' resolved so that no one has to go through this again. Mr. Modica stated that he had suggested that when someone files a complaint at City Hall they should have to go on record. Mr. Modica said our City Charter has been a "trap door" type charter and needs to be revised. Citizens' Comments Howard Barry stated that a potential candidate should be able to pick up a brochure at City Hall listing the requirements to run for office. Mr. Barry stated that the 45 mile per hour speed limit on Highway 50 at the intersection where school traffic now is should only be in effect during the morning school traffic time and afternoon school traffic time. City Manager Saunders stated that Lake County School Board and Lake Sumter representatives have asked that the Department of Transportation leave the speed limit at 45 miles per hour even after construction ends and hopefully a signal will be in there within a couple of weeks. Mayor Turville stated that the road that services the schools is a county road and almost one half of the traffic is not coming from Clermont but from other cities. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1999 Page 19 Charlene Forth read a list of values that her son brought home from school. Ms. Forth also stated that there are a lot of people moving.in this City but she does not want "an Orlando" and wants a small town atmosphere. Ms. Forth stated she has no problem driving 15 miles to shop. Ms. Forth stated further that the Saudi Arabians have possession of 3,000 acres of property here and are running it from their country and they are looking for more property~iind these people play on the fact that if we have division here, they can snap up all the property and neither side is going to have a say in that property. Ms. Forth stated that she wanted the City Charter to be re-done and would also like the Council to redistrict the City for voting. Mr. Ballard stated that the Council has annexed a lot of property and we cannot build hundreds of homes and not expect businesses, stores and restaurants and we have to have those. Mayor Turville stated that there is over 230,000 square feet of commercial property already approved just for the Kings Ridge property, and other commercial property in other areas has also been approved, so there is commercial zoning included when these areas are developed and those conveniences will be in place in the future. There being no further business or discussion, the meeting adjourned at 10:58. ~or Attest: (~s~seph i~ity Clerk