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_.
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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
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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
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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.
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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
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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.
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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'
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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
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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
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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
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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.
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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.
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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
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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
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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).
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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.
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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.
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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