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04-22-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 22, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, Finance Director Van Zile and Deputy City Clerk Jane Warren. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES .4 motion was made by Council Member Caputo, seconded by Council Member Ash, and carried unanimously to approve the ~ninutes of the Regular Council Meeting held April 8, 2003. REPORTS City Manager Saunders City Manager Saunders advised Council that the JPA meeting previously scheduled for May 9, 2003, has been rescheduled to Monday, May 12, 2003, at 9:30 A.M. -Noon, at LSCC, Conmaunity Room. City Manager Saunders requested a City Council Workshop for Thursday, May 1, 2003, at 6:00 P.M. to be held at the Police Department, Community Room. All Council Members confirmed their availability to attend. City Attorney Guthrie - None Finance Director Van Zile - None Council Member Ash Council Member Ash advised that she had been contacted by resident Matt Modica, who had expressed concern regarding the cutting of the hillsides and had requested that this matter be reviewed by Council. Mayor Turville requested that this matter be discussed at the Council Workshop on May 1, 2003. Mayor Turville asked Council Member Ash to inform Mr. Modica of the upcoming meeting. Council Member Ash confirmed she would. Council Member Caputo also requested the inclusion of Impact Fees for Movie Theaters on the agenda for the next Council Workshop. Council Member Renick also expressed concern about grading, specifically on the comer of Hwy 50 and Citrus Tower Blvd. Council Member Renick stated that she is aware some modifications were made to the site plan at the time of approval, but questioned the severity of the ongoing grading project. City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 2 Council Member Renick requested the grading plan for the project, be reviewed at the May 1, Council Workshop. City Manager Saunders stated that he is aware of the concem regarding the various grading projects and advised that he and staff are monitoring the sites. City Manager Saunders also pointed out that the actual finished grade often appears different at various times prior to completion. City Manger Saunders pointed out the visual perceptions can easily be impacted when soil on site is higher than finished grade or when some areas are cut below grade for stabilization. Council Member Caputo Council Member Caputo advised that he had attended a Board of Directors meeting for the Cooper Memorial Library on April 16, 2003. Council Member Caputo pointed out the library has been without a manager since Lake County assumed responsibility and the new manager, Mr. Seery, would be reporting on 'May 1, 2003. Council Member Caputo advised he had been informed by Mr. Seery he has tried to get work orders approved for maintenance on the building, but was told by the County that the City of Clermont was responsible for those items. Mr. Seery also advised Council Member Caputo that the County, in light of the numerous repairs needed on the current location, was considering the possibility of renting a different building to house the Library. City Manager Saunders advised, he had contacted Fletcher Smith, Facility Manager for Lake County, and was advised that recent assessments for the needed repairs were substantially higher than originally assessed in July of 2002. Mr. Fletcher further advised a review of those assessments was made and modified, thus eliminating some of the cosmetic items, such as painting, landscaping and carpet replacement. Mr. Smith did indicate that the library was going to approach the City in hopes of obtaining some financial assistance for some of the repairs. Council Member Mullins - None Mayor Turville - None CONSENT AGENDA Mayor Turville asked if anyone wished to pull any item of the Consent Agenda for discussion. Item 1 - Crystal Lake Agreement Interlocal agreement with Lake County Water Authority for improvements to Crystal Lake Item 2 - New City Hall Computer Network System Approval to install the computer network system at the new City Hall building and associated maintenance support agreement. A motion was made by Council Me~nber Caputo, seconded by Council Member Mullins, and carried unanimously to approve Items 1 and 2 of the Consent Agenda. UNFINISHED BUSINESS Final Reading of Ordinance 324-C Mayor Turville read the Ordinance by title only. Election Ordinance City of Clermont ~ MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 3 City Manager Saunders advised this ordinance would amend our election procedures to be consistent with the Lake County Supervisor of Election's schedule and the State of Florida schedule of elections. The most significant change is the new date for qualifying that will be in July. City Manager Saunders stated that staff has been in contact with the Office of the Supervisor Of Elections and was advised of possible future legislation that could require additional modifications in the future. In light of the above, City Attorney Guthrie reconm~ended additional changes to Ordinance 324-C and recommended that the Ordinance be re-introduced with the final adoption at the May 13, 2003 meeting. Brian Hoffer of the South Lake Economic Development Council requested Council to address the issue of districting before the adoption of Ordinance 324-C. Mayor Turville advised Mr. Hoffer that districting could not be implemented by the proposed Ordinance change. City Attorney Guthrie advised State law requires any change to the election laws can only be accomplished by a referendum vote. Mr. Hoffer requested a public hearing to discuss districting and requested that this item be placed on the next agenda. Mayor Turville suggested that the item first be discussed at a workshop. Mr. Hoffer concurred. A motion was made bp Council Member Caputo, seconded bp Council Member Mullins, and carried unanimously_for introduction of Ordinance 324-C Highland Real Estate & Investments, Inc Request for Water and Sewer Service Highland Real Estate & Investments, Inc Request for Water and Sewer Service Request for water and sewer service for property located on John's Lake Road Request for water and sewer service for property located on Hartwood Marsh Road. City Manager Saunders advised Council that he was in receipt of a letter from the applicant, dated April 21, 2003, requesting that both items be tabled to the May 13, 2003 meeting. A motion was made bp Council Me~nber Caputo, seconded bp Council Member Mullins, and carried unanimously to table both items to the Map 13, 2003 tneeting. New Business Celebration of Praise Church of God -CUP Resolution No. 1310 Mayor Turville read the Resolution by title only. City of Clermont 0 MINUTES REGULAR COUNCIL MEETING · April 22, 2003 Page 4 Planning Director Brown advised the applicant is the Celebration of Praise Church of God. A Church use is a conditional use in any zoning district. The existing land is undeveloped and is classified residential. Staff is recommending approval of this request with the following amendments to the existing CUP: 1) to revise the legal description to reflect the relocation of the western property boundary between the church and the residential subdivision to the west; 2) revise the seating capacity of the sanctuary from 2,200 to 3,000; 3) relief from R-O-W for an access road from U.S. 27 to the residential property west of the church: 4) to allow for grading on future phases of the project prior to construction plan approval of that phase. Planning Director Brown advised that the original CUP for the church was approved in July of 2002. Since that time the master plan for the Church campus has been defined, and the boundary between the residential properties to the west has been relocated and additional seating has been increased to 3000 seats. Planning Director Brown suggested in light of the approval of the South Lake Connector, the roadway that will go from Lake Louisa Road to Hwy 27, there is rio longer a need for the church to provide an 80' R-O-W on their northern property line. Planning Director Brown advised the applicant is requesting to grade portions of the property that are not in Phase 1. Planning Director Brown informed the Council that the Planning and Zoning Conmaission heard this request on April 1, 2003 and they had recommended the following changes: Section 4, Transportation Improvements - To require that a perpetual easement providing access to the South Lake Connector be provided prior to Site Plan approval for Phase I; Section 4, Transportation Improvements - The driveway connection from the Church property to the South Lake Connector be made within 12 months of completion of the South Lake Connector or as part of Phase II construction, which ever occurs fa:st. Finance Director Van Zile swore in the following individuals: Rod Trusty, Senior Pastor of Celebration of Praise, 12716 Lake Ridge Circle, Clermont; Donald Ballard 3526 Westerham Drive, Clermont; Gerald Turner 4322 Hammersmith Drive, Clermont; Mr. Jimmy Crawford 3846 Beacon Rigde, Clermont. Mr. John Henderson, Engineer, Knight Engineering. Pastor Trusty expressed his belief that the traffic issues that were original concems will be addressed by the connection to the South Lake Connector. Mayor Turville asked Pastor Trusty if the two (2) recommendations associated with the easement are an issue. Pastor Trusty advised they were not. Mr. Ballard expressed concern regarding the volume of traffic on US 27, specifically when departing the site, prior to the completion of the South Lake Connector. Mr. Ballard was concerned that the Kings Ridge entrance might be utilized as a tum-around site for those wanting to go north. City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 5 Mr. Turner suggested it might be a good idea to halt the expansion of the sanctuary until the South Lake Connector has been completed. Mr. Turner stated he felt it would be beneficial to require the 80' R-O-W. Mr. Turner emphasized he was not opposed to the expansion of the Church once the South Lake Connector has been completed. Mr. Jimmy Crawford asked staffto clarify; 1) how large is the mass grading beyond Phase I: 2) what type of soil stabilization is planned: 3) and what are the landscaping requirements. Mr. Crawford also asked about the existing pine trees on the site. Mr. Henderson advised as far as the grading issue, they were going to have to flatten out an area for the drain field for the temporary septic system. Pastor Trusty advised in addition to the landscaping required by the City, the pine trees that are a buffer between the subdivision and the project will remain until Phase III. Planning Director Brown advised the Council that he would like to add several uses to the land use section. Section 2. Land Uses - to include Bowling Alley and Arcade. Mayor Turville asked if these uses would be for church functions only. Council Member Caputo asked if the facility would be opened to the public. Pastor Trusty advised there will be times when the facility will be opened to the public, at a cost for operation only. Pastor Trusty advised they will be, a not for profit, recreation facility for youth groups in the community Council Member Ash asked what was the capacity of the Phase I building? Pastor Trusty advised 1200. Mayor Turville asked Planning Director Brown for clarification regarding in and out access on the site. Planning Director Brown advised that the original plan was approved for a right-in, right-out only. Mayor Turville stated the main focus of concern appears to be associated with traffic on US 27, specifically with Kings Ridge being the first location to be used as a turn-around to go north, and the connection to the South Lake Connector. Planning Director Brown emphasized the. critical need for this project to have access to the South Lake Connector. Council Member Caputo also stated it was his belief that the site must be connected to the South Lake Connector. Council Member.Ash stated she had expressed concern to Mr. Brown about the potential problem of turn- around traffic and had asked about the possibility for a No-U-Turn sign at the median cut by the Kings Ridge entrance on US 27. City of Clermont MINUTES REGULAR COUNCIL MEETING: April 22, 2003 Page 6 Planning Director Brown advised that the Florida Department of Transportation would have to be contacted regarding traffic signs, but also pointed out this would only push the problem further down the road to the Legends. Council Member Ash concurred, but also pointed out that there is not an entrance across from the Legends and you would only be dealing with one entrance rather than two. Council Member Caputo agreed with Council Member Ash's concern regarding traffic and the possibility of the Kings Ridge's entrance being utilized as a mm-around location. Mayor Turville asked Planning Director Brown what was the timetable for completion of the two projects. Planning Director Brown stated he has been advised that the Connector will be completed in 18-24 months and the Church believes they will be completed in about 16 months. Mayor Turville pointed out future development along Hwy 27 is likely to increase the daily traffic and suggested the amount of traffic from the Church on a Sunday would be easily manageable in comparison. Council Members Caputo, Ash and Mullins reiterated their concern for the flow of traffic on US 27 associated with the Church, as well as the additional concern of high-speed travel on US 27. Council Member Caputo suggested that the church make their tie-in into the South Lake Connector as soon as feasible and should not wait to do so during Phase II construction. Planning Director Brown stated that the applicant is required to connect to the South Lake Connector, no later than 12 months after its completion or at the time of Phase II construction, which ever occurs first. Members Ash ,Caputo, Renick suggested, perhaps, 12 months is more than enough time to connect. City Manager Saunders pointed out engineering of the Connector will have to be completed in order for the Chumh's engineer to properly execute their plan. The applicant will then have to proceed with the required process, including design, site reviews, advertising for bids, permitting, construction, etc., and all of this could easily take 12 months to accomplish. Planning Director Brown suggested that the condition specifically state that the applicant be required to connect to the Connector once it has been extended to their driveway. City Manager Saunders also referred back to the original CUP which states that if at the time of Phase II construction, if the South Lake Connector has not been approved, the Council reserves the right to review the project. Council Member Caputo suggested that the Church be held to a stricter time schedule, and if needed they could apply for an extension. Mayor Turville suggested the Church is going to be better served by having the connection to the South Lake Connector and will want to move along in a timely manner. Pastor Trusty advised the church wants to connect to the Connector as soon as feasible and that their first meeting with the engineer for the South Lake Connector is tomorrow (4/23/03). Pastor Trusty requested that City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 7 the Church be allotted enough time to connect to the Connector, so that they will not be required to come back to Council and go through the process again. Council Member Renick re-iterated in addition to the growing volume of traffic on US 27, the rate of speed only adds to the danger of traveling on US 27. Council Member Renick asked that DOT be approached in an effort to have the speed lowered in various areas. Regarding the rate of speed on US 27, City Manager Saunders advised he has recently been in contact with DOT and asked them to review and reclassify the section of US 27 from Hartwood Marsh to the City limits and to also specifically consider a lower speed limit in areas where there are traffic signals. DOT has not responded as of this date. Mayor Turville advised that the City has on numerous occasions, asked DOT to consider a reduction of speed on US 27. Council Member Ash advised she had recently attended a meeting regarding the widening of US 27 in the vicinity of 192 and it was her understanding that the speed limit will 55 mph. Council Member Caputo pointed out the site plan shows some of the recreational provisions are about 400' from the residential area adjacent to the site and asked if the site will be lighted. Pastor Trusty advised there would be no night lighting on any of the recreation facilities except for the required lighting in the pool area. Council Member Renick expressed concern about controlling future grading since the current plan is being presented as a master grading plan for the entire project. City Manager Saunders explained the applicant needs to be able to grade portions of the site in order to meet the requirements for storm water, temporary drain fields, the septic system and, connection to the Connector will require that they grade a portion of the site in order to build driveway. Council Member Renick stated she understood but asked if Council ~ould review the project before grading. City Manager Saunders advised the project would be subject to the Site Review process and approval. City Manager Saunders advised if the applicant wants to exceed grading or driveway cuts beyond the stated conditions, they will have to come before Council for an an~endment to the original request. Mayor Turville asked why a temporary septic system is being constructed. City Manager Saunders advised the sewer is not available to the site at this time. It is planned for the sewer lines to be installed when the South Lake Connector has been completed. At that time, the applicant will be required to connect to the sewer system within two years or at the time of Phase II construction, whichever occurs first. Council Member Ash again expressed conceru regarding the possible use of the Kings Ridge entrance as a mm-a-round site and asked that DOT be contacted regarding a No-U-Turn-sign at the site. City Manager Saunders advised staff would follow up on this matter. City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 8 Council Member Caputo expressed concem regarding stacking on the north bound lane and stated he felt it would be very dangerous for people trying to enter the church property, who are not able to get into the turn lane and have traffic approaching them from the rear at a high rate speed. Mr. Mullins stated he was concerned about the size of the stacking lane and questioned if it was sufficient. Henderson advised the lane is standard, approximate 500'. City Manager Saunders pointed standards are determined by FDOT. Council Member Ash asked if FDOT physically views the site. City Manager Saunders advised they do make on-site reviews. Council Member Ash stated it was her understanding that both the City and FDOT approvals are required. City Attorney Guthrie advised ultimately FDOT would require the standard that the applicant will have to abide by. Council Member Caputo pointed out the problems with stacking at Hancock Road and Highway 50. Mayor Turville pointed out the impact of this project will mostly be limited to Sunday mornings for 2-3 hours. There was a general discussion regarding the provisions and Planning Director Brown reviewed the proposed changes: "Ball fields" will be changed to "Outdoor Recreational Areas" and will not be lighted (excluding the pool), after 11:00 p.m. Add Bowling Alley and Arcade to land use. To connect to the South Lake Connector once it has been extended to their driveway. Condition #6 of the original CUP states at the time of Phase II construction, if the South Lake Connector has not been constructed, the Council has the fight to readdress access to US 27. Sewer connection will occur within two years of sewer availability or at the time of Phase II construction, which ever occurs first. Grading allowed for master grading site, prior to plat approval for future phases. ~4 motion was made by Council Member Mullins to recommend of Resolution No 1310 as atnended, seconded bp Council Member ~4sh and approved by a 4 to 1 vote. Council Member Caputo voting to deny Gant Real Estate Office - CUP Resolution 1311 Finance Director Joe Van Zile swore in Jim Gant. City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 9 Mayor Turville read the resolution by title only. Planning Director Brown advised this is a request for a CUP for a professional office in the R-3-A District. The property is located 176 Highland Avenue. The structure is currently vacant. The applicant is proposing to change the use of the property from a daycare facility to a real estate office. All the properties along this section of Highland have been converted from residential use. Staff is proposing two (2) variances: 1) To allow a 5' landscape buffer along Highland rather than the required 15' buffer. (There currently exists a 5' buffer. Additional buffering would result in the loss of one parking space in the front of the site. Staff feels it is important to have as much parking as possible). 2) Relief from providing a portion of the 10' wide landscape buffer along the east boundary. Planning Director Brown stated both of the suggested variances currently exist. Staff recommends approval of the .CUP and Variance. Mr. Gant advised Council that it is his intention to upgrade the building to enhance the appearance and to make it more suitable for a professional office use. Council Member Caputo advised the Council did not receive a copy of the Variance application. Planning Director Brown assured Council the application for the variance was properly advertised. A motion was made by Council Me~nber Renick, seconded by Council Metnber Mullins, and carried unanimously to approve Resolution No. 1311 A motion was made by Council Metnber Renick, seconded bp Council Member Caputo, and carried unanimously to approve two variances requested in connection with Resolution No. 1311 Eddie Yeh Variance Request Finance Director Joe Van Zile swore in Mr. Eddie Yeh. Planning Director Brown advised the applicant is requesting several variances: 1) To allow for a 15' wide landscape buffer along SR 50 in lieu of the required 20' buffer 2) To allow for a 5' wide landscape buffer along l0th and Broome Streets in lieu of 15' required buffer 3) To locate a driveway 37' from the intersection R-O-W lines for l0th and Broome Streets in lieu of 167' required. 4) To locate a driveway 42' from the intersection R-O-W lines for Linton and Broome in lieu of 167' required. 5) To construct a building 15' from the rear property line in lieu of the 25' required. 6) To construct a building 15' from the Broom St R-O-W in lieu of the 25' required. City of Clermont MINUTES' REGULAR COUNCIL MEETING April 22, 2003 Page 10 The owner wants to sell the property and considers the required landscape buffers to be a hardship. Staff does not know the intended use of the property. Planning Director Brown stated staff does support some relief from the required landscape buffers and setback re~u. irements. Planning Director Brown advised staff specifically supports a 10' wide landscape buffer along 10 ' Broome and Linton, the requested setback variances and driveway location. Staff also recommends if granted, the use should be limited to office use only. Mr. Jimmy Crawford was present and representing the owner. Mr. Crawford stated the property was purchased in 1994 as an investment property with the intention to open a restaurant. Mr. Crawford pointed out in November 2001, the City adopted new landscape standards. The new standards requires that approximately 1/3 of the property would be allotted for landscaping. Mr. Crawford distributed a drawing showing the effect of the current landscape buffers. Mr. Crawford emphasized this is not an oversized lot and pointed out the additional hardship of the four R-O-Ws associated with the property. Mr. Crawford stated his client would be willing to give up the C-2 uses, the two driveway aprons on Highway 50 and would be willing to stipulate that the variance would be for office use only. Mr. Crawford also presented photos of various sites in the City that currently have a 5' buffer and pointed out how well they work, given the limitation of the specific sites. Mr. Yeh was present and stated that he does have a potential buyer for the property and the contract is contingent on the approval of the requested variance. Mayor Turville stated he is concerned about granting a variance to vacant land in order to enhance its marketability, especially when we do not know what the use of the property will be. Mr. Crawford stated applicant is asking to have the variance granted spe.cifically for office use only. Mayor Turville asked City Attomey Guthrie for his opinion regarding conditioning a variance to a specific use only. City Attorney Guthrie advised the variance could be granted to allow a specific use at a particular site as long as the variance is specific and not general. City Attorney Guthrie emphasized the variance could not alter Code provisions. Mayor Turville stated he stili had concerns regarding the "unknowns" of the project and stated he felt if there was a specific project for the site, he could feel more comfortable about allowing some relief. Mayor Tuville stated he would be very hesitant to approve the request as presented. Mr. Crawford stated that the potential buyer of the property is a businessperson in Clermont, currently leasing and is hesitant to disclose his desire to relocate at this time. Also the buyer has stated he will not proceed with the contract without the variance in place City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 11 City Manager Saunders pointed out that the applicant is willing to be specific on the type of business that would occupy the site and is aware any deviation from the variance, if granted, would be cause for the City to review the request. Council Member Renick asked Mr. Crawford if the request, as modified by staff would be agreeable to his client and the potential buyer. Mr. Crawford advised Mr. Yeh feels the submitted request would best suit the property and allow for the desired use of the prospective buyer. Mr. Crawford also stated he felt if the request was not approved as submitted, the buyer would not proceed with the contract. Mr. Crawford explained the proposal presented by staff would effectively reduce the size of a building by 600 sq. ft. and will ultimately cost the owner the sale of the property. Mayor Turville pointed this property enjoys a significant amount of frontage on Highway 50 and unfortunately has to deal with the burdens associated with the frontage. Mr. Crawford again emphasized that the property is also surrounded by R-O-W on all four sides, which is highly unusual. In addition, landscape buffers that did not exist at the time of purchase, are a burden to the property. Council Member Ash stated she felt the concessions recommended by staff are substantial and show an effort to work with the applicant. City Manager Saunders stated he felt concessions being made regarding the building setback definitely made up for the additional landscape requirements.. `4 motion was made by Council Member Renick to denF the requested variances, seconded by Council Member Caputo. Mr. Crawford stated he wished to clarify that rather than have a complete denial he would like to have the opportunity to present staff's recommendations to the prospective buyer. ,4 motion was made by Council Metnber Renick to withdraw her motion, seconded by Council Member Caputo ,4 motion was made by Council Member Caputo to deny the requested variances. MaFor relinquished the gavel to Pro tern Mayor, Council Me~nber Mullins, and seconded the motion. Council Member Ash asked Mr. Crawford if he would like to withdraw the request at this time in order discuss the matter with his client before a final decision is made b~, Council. Mr. Crawford concurred,.and requested that the matter be tabled until May 27, 2003. A motion was made by Council Metnber Caputo to withdraw his motion, seconded by Council Member Ash. City of Clermont MINUTES REGULAR COUNCIL MEETING April 22, 2003 Page 12 .4 motion was made by Council Member Caputo to table this request to date certain of May 27, 2003, seconded by Council Member Mullins and approved by unanimous vote Mayor Turville introduced Walter Herda who wished to address the Council regarding the parking on Highland Avenue, east of Bloxam Avenue. Mr. Herda stated that although this matter has been brought before Council on several occasions the problem still exists. Mr. Herda specifically referred to the parking on Highland and East Avenue. Mr. Herda pointed out the dangerous situation of EMT vehicles responding along Highland Avenue at a high rate of speed, in the proximity of a playground being used by children, at various times throughout the day. Mr. Herda advised parallel parking signs are ignored. Mr. Herda suggested that there be no parking on either side of Highland, and suggested the parking area behind Winn Dixie be used to relieve some of the parking problems. City Manager Saunders advised if the Couflcil approves no parking on either side of Highland, it will be necessary to monitor Hampton Avenue for the possible spill over that might occur as a result of that action. Council Member Ash asked if parking tickets were being issued to those in violations. City Manager Saunders advised tickets were being issued. Mr. Mullins suggested a $10 parking ticket is not much of a deterrent. Mr. Herda suggested vehicles in violation be towed. City Manager Saunders stated numerous efforts have been made to correct the situation and if Council wants to approve towing, a resolution would have to be drafted. Mayor Turville directed staff to draft an appropriate resolution to address towing of vehicles in violation of parking restrictions. Mayor Turville also requested City Manager Saunders to have the Police Department monitor the area and to issue tickets when appropriate. There being no further business, the meeting was adjoumed at 10:00 P.M. Attest: sep'h ~'~ Van ~, City Clerk