05-08-2001 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 8, 2001
Page 1
A regular meeting of the City Council of the City of Clermont was held Tuesday, May 8, 2001 at
Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following
Council Members present: Council Members Biddle, MacLauchlin, Mullins and Renick. Other City
officials present were City Attorney Guthrie, Finance Director Van Zile, Planning Director Brown and
Deputy City Clerk Studdard.
INVOCATION
The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of
Allegiance to the Flag by all present.
MINUTES
A motion was made by Council Member Mullins, seconded by Council Member
MacLauchlin, and carried unanimously to approve the minutes of the Regular Council
Meeting hem April 24, 2001, and the minutes of the Special Council Meeting hem Ma¥
1, 2001.
COUNCIL MEMBER BIDDLE'S REPORT
Council Member Biddle apologized for his absence at the last City Council meeting due to a death in
his family and at the last City Council Workshop meeting due to a meeting of the Main Street Program
Design Committee with an expert from the Historic Preservation Society.
COUNCIL MEMBER MULLINS' REPORT
Council Member Mullins stated that City Manager Saunders' absence was due to the fact that his
daughter is receiving several honors tonight at South Lake High School.'
NO OTHER REPORTS
CONSENT AGENDA
Mayor Turville read the listed Consent Agenda and asked if anyone wished any item to be pulled for
discussion:
Item 1 - Street Light Purchase Purchase of Additional Trail Lighting
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
MAY 8, 2001
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Item 2 -Law Enforcement Block Grant
Approval of Florida Department of Law
Enforcement Block Grant
Item 3 - Bid Award
Police Handguns
A motion was made by Council Member MacLauchlin, seconded by Council
Member Mullins, and carried unanimous[¥ to approve Items One through
Three Of the Consent Agenda.
UNFINISHED BUSINESS
Resolution No. 1197
Mayor Turville read the Resolution by title only and stated that this item is related to the next
item on the agenda.
Planning Director Brown stated that the applicant, Gray, Harris, Robinson, Hovis, Boyett and
Crawford, P.A., on behalf of the owners, Daniel and Sara Hessburg, is requesting a Conditional
Use Permit to allow the construction of a professional/medical office complex with C-1
permitted uses and a restaurant use limited to 1500 square feet. He stated the property is located
at the southwest comer of State Road 50 and Citrus Tower Boulevard. Mr. Brown stated that the
property was annexed into the City at the last City Council meeting, but will still operate under
the County Future Land Use map until the City does a Comprehensive Plan Amendment
recognizing the annexation and assigning a City Future Land Use designation.
Planning Director Brown stated Staff recommends approval with the addition of the following
conditions:
Section 2, Land Use, Condition gl - Add: 'Restaurant space is allowed in as much as parking
space will allow, up to 1500 square feet. Drive-through restaurant is prohibited'.
Section 4, Transportation Improvements, add as Condition #9 - 'The connection to the east to
Citrus Tower Boulevard shall be open and operational at the time that Citrus Tower Boulevard
is constructed'.
Section 5, Site Improvement/Landscaping, Condition #1 - Add: 'All signs on the property shall
be monument signs'.
Mayor Turville opened the public heating at this time.
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MAY 8, 2001
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Jimmy Crawford, the applicant and legal representative for the property owners, spoke
regarding the project and offered to answer questions at this time.
Mr. Crawford stated that, since there is a pole sign directly across the street from this project, he
is opposed to the added condition regarding monument signs only. He stated that the property
drops significantly on the SR 50 side, therefore he is unsure ifa ground sign would be visible
there.
Mayor Turville asked if it had been considered that the applicant could provide the additional
right of way necessary to make a functional road in regard to the adjacent streets.
Mr. Crawford stated that the roads in question don't go anywhere, therefore the applicant is
going to provide alternate access for the adjoining property owners, and that the site plan has
been revised as a result.
Council Member Renick requested that an additional condition be added to the Conditional Use
Permit, in Section g4, as Condition #10, providing that signs be posted on major roadways
stating 'To Helen Street' and 'To Hunt Street'. She stated that, particularly for emergency
services reasons, she feels this is necessary because Hunt Street looks like an entrance to the
new project and directional signs would be a great help.
Council Member Mullins stated he would like to hear Planning Director Brown's reasons for
the condition regarding monument signs.
Planning Director Brown stated that the City is heading toward all monument signs, although
the Code does not reflect that at this time. He stated that he is requesting this condition on
several current Conditional Use Permits. He stated this would be a better look than pole signs.
Council Member Mullins asked if something should be done about the sign issue due to the
slope away from SR 50.
Planning Director Brown stated that the height calculation for signage begins at the road grade.
Mr. Crawford stated he understands the condition but that he does not understand the
justification for imposing this policy beginning with this project. He offered to install a
monument sign on Citrus Tower Boulevard and a pole sign on SR 50 as a compromise.
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Council Member Renick asked if the entrance to the site at SR 50 would be closed when the
Citrus Tower Boulevard entrance is available.
Mr. Crawford stated it would not be but that the entrance on SR 50 had been moved to provide a
better site plan.
Mayor Turville closed the public heating at this time.
City Attorney Guthrie stated that, if the variance request coming up next on the agenda is approved,
an additional condition should be added to the Conditional Use Permit under Section 4, as
Condition #11, as follows: 'Since the variance requested by the developer for 10' side setbacks has
been granted, the developer agrees to petition to vacate Helen and Hunt Streets. Developer further
agrees to grant or convey its interest in the vacated rights of way to abutting property owners.'
Council Member Renick asked if the final site and grading plan will be submitted to the City
Council at a later date.
Mr. Crawford stated that is correct.
,4 motion was made by Council Member Mullins, seconded by Council
Member Biddle, and carried unanimously to approve Resolution No.
1197, as amended.
Crawford Variance Request
Planning Director Brown stated that this request is to allow a setback of 10' from Helen and
Hunt Streets as opposed to the 25' setback per code for the Florida Executive Center project
located on the south side of SR 50, west of Citrus Tower Boulevard.
Mr. Brown stated that neither Helen nor Hunt Street will be a future City or County roadway,
and that the properties to the east and west of the project will be provided alternate access. He
stated that it is very likely that both the Helen and Hunt Street rights of way will be vacated in
the future. He further stated that he believes the applicant has signed an agreement with the
surrounding property owners stating that, when the streets are vacated, the applicant conveys its
interest in the vacated rights of way to the abutting property owners.
A motion was made by Council Member Biddle, seconded by Council
Member MacLauchlin, and carried unanimously to approve the Crawford
Variance Request.
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MAY 8, 2001
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Mayor Turville stated that he is moving the introduction of Ordinance No. 426-M forward on'
the agenda at this time.
Ordinance No. 426-M - Introduction
Mayor Turville read the ordinance by title only and stated that discussion will be allowed prior
to the introduction of this ordinance due to the absence of the attorney for the proposed car wash
project during discussion of the issue at the last City Council meeting.
Ladd Fassett of Fassett, Anthony and Taylor, P.A., as legal representative for Micah Savelle of
The Right Site, Inc., presented a copy of a letter and accompanying material that had been
submitted to the City Council to be entered into the record.
Mr. Fassett stated that the elimination of the access of Lakeview Drive to the parcel would
result in severe limitation of access to the property and substantially diminished property value.
.Mr. Fassett provided overhead display of the site and stated that Lakeview Drive is the only
access that thb parcel has to a public street, although there is a cross-access agreement with the
7-Eleven store. He stated that, the owner's objections are that closing that portion of Lakeview
Drive would be contrary to prior understandings and agreements of the property owner and the
City, that closing that access would be deemed a legal taking of the property which would
render the City liable for substantial damages and that it is an unsound public policy decision
that is not in the best interest of the community, and could lead to accidents.
Mr. Fassett referred to a letter from 1995 (Exhibit A of the packet submitted to the City
Council) from the City to the prior property owner of the area of Lakeview Drive that is now
being considered for closing, Gall Bohannon. He stated that in this letter the City had urged Ms.
Bohannon to work with the City to facilitate the future development of that property and that
Ms. Boharmon had been induced to contribute 10' of property along Grand Highway to allow
for the widening of the road. He also stated that the letter referred to the vacation of Lakeview
Drive and that it would allow for a cul-de-sac to allow a proper turn around for traffic not
entering the commercial site. He stated that this letter acknowledges that there would be access
to Lakeview Drive from the commercial site and that the property owner did deed property to
the City, as requested (Exhibit B). He then referred to the written Agreement between Ms.
Bohannon and the City regarding the owner's commitment to construct the cul-de-sac to serve
those parcels around it (Exhibit C). Mr. Fassett stated that the property owner had greatly relied
upon that access in the development of the 7-Eleven property as well as the current proposed
one. He stated that, even without the Agreement, if access to a property is substantially
diminished then a legal taking occurs, therefore you have to pay the value of the property as
well as the owner's legal fees.
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He stated that the property is now valued at $450,000.00 and that the legal fees for his client
would be approximately $750,000.00, therefore ifa determination was made by the court for the
property owner the amount the City would have to pay could be over one million dollars, if the
City's own legal fees are taken into account. He then referred to City Manager Saunders'
memorandum to the City Council on April 17, 2001 regarding the upcoming City council
meeting and the comment from City Attorney Guthrie regarding regulatory taking that Mr.
Saunders had stated in this memorandum.
Mr. Fassett then stated that the property owner had already made concessions in an attempt to
meet some of the Lakeview residents' concerns, and that the size of the car wash has been
significantly reduced with two bays removed in trying to accommodate those concerns. He
further stated that a car wash is one of the least intrusive uses that could be on the site. Mr.
Fassett stated that the neighborhood already has those blocks labeled #9 and #10 as commercial
properties and therefore will have that development in the future whether this site has access or
not.
Mr. Fassett then pointed out that there is a median at the exit from the 7-Eleven at Grand
Highway preventing a northbound turn onto Grand Highway. He stated that a lot of traffic fi-om
both sites will ignore this and do an illegal U-turn on SR 50, which poses a safety threat to the
neighborhood and the traffic. '
Richard Keith, 1333 Lakeview Drive, spoke on behalf of the residents of Lakeview Drive in
support of Ordinance No. 426-M. He then gave a brief history of the area and the residents and
stated that this is an established neighborhood, with some of the residents having lived in the
area since the 1960'S.
Mr. Keith then stated that the residents oppose the car wash project for several reasons: the
possibility of it being a 24-hour, unattended operation with public restrooms located in the back
and the type of clientele that might generate, trash in the area, noise generated from the stalls
and particularly from the numerous vacuum machines, with doubles on the back side, as well as
the dumpster located in the back, traffic leaving the car wash driving too fast and the safety of
the children of their community. He then asked the City Council for help in preserving their
neighborhood.
Mr. Keith then addressed points in Mr. Fassett's correspondence to the City Council. He stated
that Exhibit A, a letter fi-om the City Manager to the property owner, does not necessarily imply
intent to provide access to the proposed car wash site, as Mr. Fassett had suggested. He asked if
the City Manager has the authority to make such decisions.
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Mr. Keith then referred to Exhibit C, the Agreement between the City and Ms. Bohannon to
provide for the cul-de-sac and stated that the Exhibit is incomplete due to lack of proper
signatures and notarization. Regarding the section of Mr. Fassett's letter where he states opinion
regarding claim for damages, Page 3, Section I, Mr. Keith stated that if Lakeview Drive is
opened then the residents of Lakeview Drive could also make a claim for damages, and on Page
4, Section III, Mr. Keith stated that the median at the exit fi.om 7-Eleven to Grand Highway is a
traffic hazard but that heavy traffic would also pose a threat to the safety of the residents of
Lakeview Drive. Mr. Keith then stated that, in Section IV, Mr. Fassett claims that The Right
Site has tried to accommodate the community, but that there has been no ~ommunication
between the Lakeview Drive residents and the Right Site. He further stated that City Manager
Saunders has stated that The Right Site is not willing to work with the City to reach an
agreeable situation.
Mr. Keith stated that those lots on Lakeview Drive that are zoned commercial have right of way
coming straight in fi.om Almond Street, therefore there would not be high traffic in most of the
neighborhood as a result. He concluded by saying.that the residents welcome the opportunity to
· speak to the developer about this issue.
George Wood, 1260 Grand Highway, stated that commercial traffic should be directed back
to a commercial corridor, not onto a quiet residential street. He stated that he had looked at
commercial sites in the City and found that very few residential areas have secondary exits
fi:om commercial sites and that the City would be setting a precedent by allowing the car wash
to use access to Lakeview Drive as a primary entrance/exit. He further stated that by opening
Lakeview Drive in this manner the City would be creating a conduit for the 7-Eleven where
people (particularly the residents of the numerous subdivisions around the Citrus Tower area)
could go fi.om there into the car wash lot, to Lakeview Drive, to Almond Street and back up
Grand Highway instead of as it is designed now with the traffic fi:om the car wash going back to
SR 50 and up Highway 27 north.
Jim Chambers, 1335 Lakeview Drive, stated he is the owner of Lot tt35 and would be most
affected by the allowance of the access from the car wash to Lakeview Drive and spoke in
support of Ordinance No. 426-M. He stated that this neighborhood is accustomed to being able
to get out and walk around, particularly the children, and that they would not be able to do so if
the access is permitted. He further stated that the cul-de-sac as shown in the drawings he has
seen would take up a great deal of his property. He further stated that he did not wish to see the
City have to compensate the applicant a large sum but asked for the City Council's help in
preventing this access.
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JeffHowe, 1248 Lakeview Drive, spoke in favor of Ordinance No. 426-M and thanked the City
Council for their obvious concern for the citizens of Clermont. He stated that he is concemed, as
a father of six children, about the proposed access to Lakeview Drive from the car wash site in
regard to safety. He stated that there are also elderly, life-long residents in this area and that the
increased traffic problem would be a hazard to their health as well. He commented that earlier in
the evening, regarding Resolution No. 1197, Jimmy Crawford had stated that the property
owners had discussed the project with the neighbors and expressed his desire that the applicant
for this project do the same.
Mr. Howe then stated that he concurred with Mr. Wood's comment regarding traffic flow and
stated that to open this residential street for commercial traffic flow does not make good sense.
He stated that he was aware that the current members of the City Council were probably not in
office at the time of the original agreement, but stated that he hoped they would do the right
thing for the citizens of the area.
Mayor Turville stated that this issue had begun when a request came fi:om residents of Lakeview
Drive to place discussion about the access to the car wash on the next City Council agenda, and
after that discussion had taken place the City Council had directed Staffto bring an ordinance to
the City Council for introduction closing a portion of Lakeview Drive to eliminate access to the
car wash. Mayor Turville stated that, normally, discussion does not occur at the introduction of
an ordinance, however a representative for the applicant was not present when the direction to
bring the ordinance to the City Council was given. Therefore discussion was allowed to insure
that the applicant had opportunity to express his views. He stated that the final hearing for this
ordinance would be on May 22, 2001, and that he hopes that the property owner and the
residents of the area would find a way to discuss some of these issues and attempt compromise
prior to that time.
Council Member Renick asked if the City Council is allowed to have closed discussion
regarding this issue.
City Attorney Guthrie stated that closed sessions can only take place after a lawsuit has been
filed, but that the Council Members can talk one on one with the City Attorney at any time. He
stated that he cannot relay information regarding what others are asking or saying during
those conversations.
Council Member Renick asked if the final hearing for this ordinance must be heard at the next
City Council meeting or could be postponed to allow time for individual discussion with the
City Attomey.
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Mayor Turville stated that a request to table the issue could be made at the final hearing.
Council Member MacLauchlin asked if the City Council could delay introduction tonight to allow
time for the involved parties to meet and discuss the issue.
Mr. Fassett stated that the applicant will be talking to the residents, but that the project has
already been subjected to delay due to this process at a significant cost, therefore it would be in
the best interest of the City Council not to delay any further to avoid a claim. He stated that two
weeks is sufficient time for any discussions to take place and urged the City Council not to delay again.
Mayor Turville agreed with Mr. Fassett's comment.
~1 motion was made by Council Member Renick, seconded bp Council
Member Mullins, and carried unanimously bp roll call vote to introduce
Ordinance No. 426-M.
Variance Request - J. J. Dahl
Planning Director Brown stated that the applicant, J. J. Dahl, is requesting a variance to allow the
erection of a sign with a front setback of 5 feet for the sign rather than the 15 feet required by
code at her law office located at 1001 East Avenue. He stated that the property has a circular
driveway and that the applicant is proposing to place the sign in the middle of the property
between the two driveways. He stated the only other location appropriate for the sign would be
on the south side, which would require a variance for both the side and front setbacks. He stated
that this is the most appropriate placement for the sign, and therefore Staff recommends
approval.
Mayor Turville opened the public hearing at this time.
Deputy City Clerk Studdard swore in the following:
J.J. Dahl, 1001 East Avenue, the applicant, spoke regarding the request and discussed the
photograph that had been provided to the City Council showing the actual sign and location
proposed. She stated that placing the sign in this location improves the appearance of the
property vei'sus other placement on the property.
Ms. Dahl then informed the City Council of the many improvements she had made to the
property and that this sign would be very attractive and blend well in the area. She stated she
plans to always be at this location.
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Dr. Barry Rubenstein, 1000.East Avenue, stated he had originally been opposed to the request
but now understood that this variance would only be for the current applicant and any other
occupants at a later time would be required to bring a variance request to the City Council as
well. He stated that his biggest concern is that the area should not become too commercial. He
stated that Ms. DaM had made numerous improvements to the property.
Eric DaM, 1001 East Avenue, answered questions from the City Council regarding specific
placement of the sign.
Discussion followed regarding the future development of East Avenue and how this would affect
it.
A motion was made by Council Member Biddle ,seconded bp Council Member
Mullins, and carried unanimously to approve the variance request,
Variance Request - Fairbanks Construction
Planning Director Brown stated that the applicant, Fairbanks'Construction, and the property
owners, Edgar and Elaine Samuels, are requesting a variance to allow for a rear yard setback of
13 feet as opposed to the 25 feet setback per code for the residence at 1724 Presidio Drive. He
stated that in February of 2000 Mrs. Sai:nuels was involved in an auto accident resulting in a back
injury and that her doctor has suggested that a hot tub would diminish her discomfort. He stated
that the request is in order to construct a sum'oom over an existing concrete pad and that the hot
tub would be within this enclosed structure.
Mr. Brown stated that a variance had been granted for this lot in June of 2000 prior to the
construction of the home due to the lot being designed with a width at the building setback line
of 62 feet as opposed to the 75 feet required by code. He stated that if the home had been placed
as far forward on the lot as possible there would have been as much as a 35+ foot rear yard
setback, but as it sits now there exists only 25 feet.
Planning Director Brown stated that, while Staff is not unsympathetic to Mrs. Samuels'
condition, the existing home does have a covered porch area where a hot tub could possibly be
placed. He further stated that the Samuels had purchased the home in December of 2000, after
the accident, and the need for this space could have been anticipated; therefore Staff recommends
denial of the request.
Mayor Turville opened the public hearing at this time.
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Deputy City Clerk Studdard swore in the following:
Edgar Samuels, 1724 Presidio Drive, owner of the property, stated that in November of 2000 he
and his wife had purchased their home, not realizing that the home had been set at the extreme
rear of the lot. He stated that in February of 2001 they had contracted with Fairbanks
Construction to add the suaroom and then became aware of their inability to add any type of
structure to the rear of their home. He stated that when Fairbanks Construction advised them of
the problem they obtained approval to add on to the home fi.om the builder and, per instruction
fi.om Fairbanks Construction, applied with the City for a variance.
Mr. Samuels stated that since applying for the variance they discovered that the builder had
obtained a variance to build on this lot. He stated that, in the application for the variance, the
builder had listed one of the reasons for the request to be that it created such a large front setback
as to be an eyesore. Mr. Samuels stated that he does not understand how the home was not built
according to the site plan that was approved or where the responsibility lies for that. Mr. Samuels
further stated that the covered lanai on the home is not adequate space for the hot tub since the
hot tub they have purchased is 6'7" and the lanai is only 8', leaving little or no room in that porch
area and it would block the rear exit fi.om the home.
Mr. Samuels stated that, in regard to Planning Director Brown's statement that they should have
purchased a home that would accommodate a hot tub, they had been unaware of the particular
problem with the home. He stated that they would be building an addition typical to the area that
would not be detrimental to the value of the property, and that the back of the home faces a water
treatment plant. He stated that, as far as he knows, none of his neighbors have protested this
proposed project.
Gordon Fairbanks of Fairbanks Construction, 1723 N. Pine Avenue, Ocala, the applicant, stated
that the Samuels had purchased a home with a slab poured on the back and assumed they could
build on that, as many homeowners do. He stated that the community approves the project as
well as the City of Minneola, who owns the water treatment plant in back of the home. He stated
that the home was not built as per the site plan that was approved for the home and that the
Samuels had not been aware of the unique situation with the building of this home.
Mayor Turville closed the public hearing at this time.
Council Member Mullins asked how a Certificate of Occupancy was obtained if the home was
not built according to site plan.
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Planning Director Brown stated that it was built according to plan, but that the builder did not
take full advantage of the setbacks available. He stated that the builder had submitted to the City
a site plan showing that those setbacks would be taken advantage of, but those were not the
actual construction plans. Mr. Brown stated that if those setbacks had been utilized properly the
applicant would not have to be here tonight with his request.
Mayor Turville stated that this situation could happen to anyone and that the City should be
careful in approving plats with substandard lots.
Discussion followed regarding subdivisions and lot sizes.
Council Member Mullins stated that, with the water treatment plant in the rear of the home, there
was no question of obstructing any view.
Council Member MacLauchlin stated that this couple should not be held responsible for others'
mistakes.
Council Member Biddle stated that since there is already a slab on the back of the house he
approves the project.
motion was made bp Council Member Biddle, seconded by Council Member
MacLauchlin and carried unanimously to approve the variance request.
Ordinance No. 425-M - Introduction
Mayor Turville read the ordinance by title only.
Planning Director Brown stated that the applicant, South Lake County Foundation, has requested
a small scale amendment to change the Land Use to CBD-Central Business District and zoning
for the Hammond property that they will purchase for their new home.
motion was made by Council Member Biddle, seconded b¥ Council Member
Mullins, and carried unanimously by roll call vote to introduce Ordinance No. 425-M.
Mayor Turville asked if anyone wished to speak to the City Council on any other issues.
Jim Purvis, 4206 Hammersmith Drive, spoke to the City Council regarding the irrigation issue at
Kings Ridge.
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He stated that it had been discovered that Lelmar is providing irrigation to the new Publix
shopping center and to the new fire station as well for plant survival. He stated that this came to
the attention of several homeowners because apparently when the new hookup to this location
was established it shut the system down to the Kings Ridge residents for two days. He stated that
Lennar had informed the Kings Ridge residents prior to this situation that the system is maxed
out, yet new parcels are being added. He stated that he feels there is a loophole that developers
can slip through. He appealed to the City Council to consider refining the Conditional Use Permit
process now being used to include what source of irrigation would be used.
Mr. Pm-vis asked the City Council if it is aware that the current Conditional Use Permit system
allows irrigation eouneetion to a system that is inadequate and unable to sustain its plant life.
Elaine Tharpe, 2322 Twicldngham Court, voiced concern regarding quotes in the press fi.om
Council Members on issues that have not come before the City Council.
Mayor Turville stated that one of the things the City Council is working on is to advertise the
pre-application hearing. He stated that the consensus of the City Council is to. not have discussion
with prospective applicants. He further stated that sometimes newspapers will take quotes fi.om
similar situations and move them forward to suit.
Ms. Tharpe stated that she believes a prospective applicant would be upset to see an article with
quotes about his project before being heard by the City Council. She further stated that she feels
that the City Council should not hear applicants at workshops prior to the Planning and Zoning
Commission hearing the request.
Mayor Turville stated the City Council does not hear applicants at workshops prior to the
Planning and Zoning's hearing.
City Attorney Guthrie stated that the City Council is on the right track by limiting the pre-
application discussion and issuing generalized statements regarding what the Council as a whole
is for or against.
Council Member Renick stated that sometimes general comments or earlier comments are
definitely used by the press at will.
Ms. Tharpe then stated that perhaps some of the Council Members had been misquoted.
Council Member Renick stated there is nothing that can be done about that.
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Council Member Biddle concurred with Council Member Renick's comments.
Mayor Turville stated that most reporters typically are working on something for the next
morning.
Gail Ash, 3912 Pagan Court, spoke regarding the new Target store and commended the City
Council for setting strict restrictions as to the physical appearance of the store.
There being no further business, the meeting was adjourned at 9:30 p.m.
Attest:
Jo~ph E. Van~