Loading...
03-28-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page I A regular meeting of the City Council of the City of Clermont was held Tuesday, March 28, 2000 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 Mullins, Council Member Lamb and Council Member MacLauchlin. Other City officials present were City M/mager Saunders, City Attorney Guthrie, Finance Director Van Zile, Planning Director Brown and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Mullins followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made bY Council Member MacLauchlin, seconded bY Council Member Mullins, and carried unanimousl_¥ to approve the minutes of the regular Council Meeting held March 14, 2000 and the Minutes of the Joint Workshop hem March 9, 2000. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that Council Member Biddle was attending the League of Cities Lake County Day in Tallahassee and that is the reason for his absence at this meeting. City Manager stated that the City has been working on plans for the Hancock Park facilities and two of the softball fields and one soccer field are to be lit. Mr. Saunders stated the City of Jacksonville has a bid with Musco Lighting and we can take advantage of that bid as long as the City orders the lighting fixtures before April 10, 2000. Mr. Saunders stated the City would not have to take delivery of the lights until the City is ready for them but can place the order under the City of Jacksonville's bid now and take advantage of a cost savings. Mr. 'Saunders stated CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 2 that the last two times the City has bought lights it has been off of the Jacksonville bid. Mr. Saunders stated the funds were already budgeted for the lighting. A motion was made by Council Member Mullins, seconded by Council Member Lamb, and carried unanimously to buy the lights for the two sqftball_fields and one soccer field at Hancock Park on the Jacksonville bid. City Manager Saunders stated he would like to coordinate a date for the first meeting of the Ordinance Review Committee and a date for a Workshop. After discussion it was agreed that a specific date for the Ordinan~'e Rex;ie~ committee to meet and a Workshop would be scheduled at the next Council Meeting. CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER MULLINS Council Member Mullins stated that on behalf of Council Member Biddle, he would like to thank everyone who participated on the Sharing Of The Green event and approximately $1,400.00 was raised for the Mainstreet program. COUNCIL MEMBER LAMB No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 3 COUNCIL MEMBER MACLAUCHLIN Council Member MacLauchlin stated she attended a Tree Ordinance Seminar in Tampa and learned many things that may assist the City in revising our Tree Ordinance. Ms. MacLauchlin stated further that she received a call from a citizen expressing appreciation for the repainting of the striping on Bloxam at Highway 50. MAYOR TURVILLE'S REPORT Mayor T-urville stated that a letter was received from the Florida Department of Law Enforcement regarding recent audit findings pertaining to the Clermont Police Department's handling and reporting of criminal information history to the State of Florida and National system. Mr. Turville read from the letter which stated that the audit revealed the Clermont Police Department is operating in full compliance with FCIC and NCIC rules and regulations and user agreements and that the degree of professionalism found at our agency made the audit a pleasure and they commended all persons involved for their outstanding cooperation and knowledge of the subjects reviewed. Mayor Turville stated he attended the meeting of the Lake Apopka Planning Basin Initiative, which looks at area concerns associated the Lake Apopka drainage area and attempts to work together to better deal with the growth that is anticipated in the area. Mr.. Turville stated that there was a submittal of a request for money associated with the DOT contribution of a mitigation fund associated with the beltway that is to be spent in the basin area, from the Nature Conservancy and it defines a site as the "Castle Hill Site" and it is 16eared on Highway 50 East of Hancock Road. The area is defined as a conlponent of the larger Lake Wales Ridge Eco- System Project currently ranked number one on the State's Conservation Recreation Land List. Mr. Turville stated the site has species endemic to sand hill communities that is rapidly disappearing as the area urbanizes. Mr. Turville stated the area is characterized with deep sandy slopes with excellent recharge capacity. Mayor Turville stated that the site supports the second largest population of the Clasping Weiera, a plant not found anywhere else on Earth, as well as four other rare plant species. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 4 CONSENT AGENDA Mayor Turville stated the Consent Agenda included seven items and explained that an item could be pulled from the Consent Agenda for discussion if there were any comments or questions. Item No. 1-Bid Award-Street Resurfacing. Item No. 2-Sludge Disposal Contract Item No. 3-Sherbrook at Legends-Final Plat Approval Item No. 4-Cost Estimate-Kings Ridge Fire Station Item No. 5-Kiwanis Club-Requested Use of Waterfront Park for Easter Sunrise Service Item No. 6-South Lake County Foundation-Requested use of Waterfront Park November 8th to 12th, for 3~ Annual Pig On The Pond Item No. 7-Safe Kids Expo-Requested Use of Waterfront Park on May 6, for Safe Kids Expo/Waiver of Parking Fees City Manager Saunders stated he wanted Item No. 1 pulled for discussion. Mr. Saunders requested that the City Council approve a Change Order that would add a portion of Waterview Drive and Center Lane to the list of streets to be resurface& Mr. Saunders stated that the City just completed a drainage project that was in this year's budget and those streets need to be overlaid to complete that job. Mr. Saunders stated there are enough funds left in the budget to do that and the cost is 5,512.61. " A motion was made by Council Member Lamb, seconded bY Council Member Mullins, and carried unanimously to approve the Street Resu~_ acing Bid Award to Middlesex Corporation in the amount o_f $55,322.45. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 5 A motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimousl¥ to approve a change order to include a portion of Center Lane and Waterview Drive]or resuff_ acing at a cost of $5,512.61. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to approve items 2 through 7 listed on the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 392-M-Final Reading Mayor Turville read Ordinance No. 392-M by title only. City Manager Saunders stated that this ordinance will adopt the School Siting Comprehensive Plan Amendment as previously discussed with the City Council. Mr. Saunders stated that DCA has reviewed the Plan and approved the language. Mayor Turville stated that on Monday morning there was consensus at the School Board meeting to move forward on the Bosserman site for the new high school. Frank Caputo stated he attended and addressed the School Board at their meeting indicating that he was in favor of the Bosserman site for the new high school. Mr. Caputo stated that after much debate, the School Board took a consensus vote and it was 5 to 0 to pursue the Bosserman site. Mr. Caputo stated that regarding the proposed Hook Street extension, all but one landowner has agreed to give up the fight-of-way necessary to complete the road. Mr. Caputo stated the County Commission agreed that they have the money and the consensus of the County Commission was to get the engineering and surveys done. A motion was made by Council Member Lamb, seconded by Council Member MacLauchlin, and carried unanimousl_¥ by roll.call vote, to adopt Ordinance No. 392-M accepting the School Siting Comprehensive Plan Amendment. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 6 Ordinance No. 393-M-Final Reading City Manager Saunders stated this ordinance will annex approximately .25 acres of property located on the east side of Highway 27, north of Lake Felter. Mr. Saunders stated this is a small triangular piece of property located within the Lost Lake Reserve Project. Mayor Turville read Ordinance No. 393-M by title only. A motion was made by Council Member Mullins, seconded by Council Member Lamb, and carried unanimously by roll call vote, to introduce Ordinance No. 393-M. Ordinance No. 394-M-Final Reading Mayor Turville read Ordinance No. 394-M by title only. City Manager Saunders stated this ordinance will amend the City's Sanitation Rate Schedule and this was previously discussed with the Council at a workshop and will set our new sanitation rate at $20.00 for all our sanitation services. Mr. Saunders stated that it has been a long time since the City has had any sanitation rate increase and Lake County has increased their tipping fees, putting a hit on our budget. City Manager Saunders stated that comparison rates of other Lake County municipalities were reviewed and this new rate proposal is a fair rate. Mr. Saunders stated that privatization of sanitation services had been discussed and the City Council felt that the City should stay in the business. Council Member Lamb stated that the sanitation part of the City's budget has been operating from reserves and the service should start paying for itself. Mrs. Lamb stated the City does an excellent job with this service. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 7 Don Ballard asked if everyone in the City limits had garbage pick-up once and week and City Manager Saunders stated that all citizens had pickup once a week. Howard Barry congratulated the City on its efficiency but stated that this increase was a result of growth and he does not believe growth ever pays for itself. A motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimously b_~ roll call vote, to adopt Ordinance No. 394- M increa~ing--th-e- Sftgi'it'a-t'ibit late'to '$20. 00. ob 5 VISITORS WITH BUSINESS John E. and Gale C. Riley City Manager Saunders requested that this be tabled until the April 25, 2000 City Council meeting as there are several unanswered questions regarding the variance request. A motion was made by Council Member Mullins, seconded by Council Member Lamb, and carried unanimously to table the variance request of John E. and Gale C. Riley until the April 25, 2000 Ci_t¥ Council Meeting (Time Certain). Resolution No. 1117 John Wert Planning Director Brown stated that the applicant is requesting a Conditional Use Permit to operate a landscape materials business on property located on the west side of U.S. 27, north of Montrose Street and Ambassador Cleaners. Mr. Brown stated the property is currently used as a landscape materials business and the property to the north is vacant, to the west residential and to the south is Ambassador Cleaners. Planning Director Brown stated the property is in the Established Business District-2, which allows this use, and the future land use classification is Commercial and the existing zoning is C-2, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 8 General Commercial. Mr. Brown stated the applicant was granted a conditional use permit to operate a landscape materials business in August of 1998 but failed to meet the terms of the CUP and it expired in September of 1999. Mr. Brown stated this request is a reapplication and the prior CUP allowed storage of horticultural materials on the western portion of the site, however this CUP only allows for use of the eastern portion of the property that is zoned C-2 General Commercial. Mr. Brown stated the proposed project will provide trees, shrubs, mulch, bark, stone and other materials utilized for landscaping and the business will also have a combination office and storage building located on the south end of the site. Mr. Brown stated that Staff recommends approval With the listed ~ondition~,-'~hd-~nt-on-t° highlight those conditions to the Council, including the condition that access to the site from U.S. 27 would be right-in, right-out only and a decel lane into the project would be constructed within one year from the date of the CUP. Mayor Turville stated that the following issue required 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. City Clerk Van Zile swore in the following: John A. Wert, 2127 Citron Court, Clermont, Florida Shawn Jones, 14735 Yellow Pine Lane, Clermont, Florida Howard Barry, 439 Carroll Street, Clermont, Florida Hosea Wootson, 505 East Montrose Street, Clermont, Florida Mr. Fletcher, Royal Highlands, Leesburg, Florida Carl Palmisciano, 3916 Peyton Court, Clermont, Florida Charles Forth, 939 West DeSoto Street, Clermont, Florida Elaine Tharpe, 2322 Twickingham, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 9 Mr. Wootson stated he was concerned that the property north of the Wert property, which is owned by his family, will not have access and will be blocked in. Mr. Wootson stated they would request access through the Weft property. Mr. Wootson stated that he was concerned that he would not be able to market his property because there is no legitimate access. Mr. Barry stated that he observed that no mention is made in the conditions of the CUP about the required height of the hedge that will be screening the property from U.S. 27 and'he feels the he'dg-~'"~h~-uld-~'e-a-nfifi'imum of 6 feet. Mr. Barry stated also that'h6 travels Highway 27 frequently and it is an extremely dangerous area with steep grades and he does not believe there should be any cuts on Highway 27. Planning Director Barry Brown stated that there is currently no easement for access to Mr. Wootson's property and he stated that the CUP was not the instrument through which to address the access issue Mr. Wootson's property has. Mr. Brown stated the Wootsons' attorney, Mr. Boyett will be researching the history of the property and how it came to be boxed in like it is and also to see if it would be possible to obtain access off of Minneola. Council Member Lamb stated she had no problem with the CUP but did not favor another cut on Highway 27 and inquired regarding the existing entrance of the Wert property. Planning Director Brown stated that they had access off of Montrose Street through Mr. Kennedy's property through an easement granted in 1987. Mr. Brown stated Staff feels it would be better if the access were from Highway 27, which would relieve Mr. Kennedy of this easement on his property. Planning Director Brown further stated that the access from Montrose is so close to the intersection of Highway 27 and Montrose that it is not safe and the safety way would be to have a decel lane and access off of Highway 27. Mayor Turville stated he did not have a problem with the right-in, right-out but was uncomfortable with those who would have to make a U-turn in order to access the Wert property from Highway 27. Mr. Turville suggested that we keep the right-in, right-out, but not abandon the easement that allows people to access from the South. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 10 Council Member Mullins inquired regarding the portion of the property that cannot be used for storage and wondered if it would just sit idle and Planning Director Brown stated the only thing that part of the property could be used for was water retention. Mr. Mullinsstated further that DOT wants right-in, right-out access off of Highway 27 with U-tums. Planning Director Brown stated there were significant challenges to the Wootsons' property, including the fact that the smaller piece is well below road grade. Mr. Brown s~ated that the real access is f~om-Miiineola and there is no legitimate access from Highway 27 to the Wootsons' property unless you went through Mr. Wert's property. Mr. Brown stated that he did not feel this should be addressed in the Conditional Use Permit and believed that Mr. Wootson's attorney would need to research the history of the property. Mr. Fletcher stated that he travels Highway 27 often and since the State is going to 6- lane the Highway, what will happen then. Mayor Turville stated that there will still be decel and excel lanes when the Highway is 6-1aned. Shawn Jones stated the business will only generate 8 to 12 vehicles a day and there would be no large tracks. Carl Palmisciano stated he travels north on Highway 27 and cut across to Montrose to go to the cleaners and it is a very dangerous situation because there is no decel lane and it is extremely danger..ous crossing. Mr. Palmisciano stated he would feel much safer going to a decel lane and making a U-turn rather than crossing over. Chuck Forth stated that the Planning & Zoning Board did require that the storage compartment area be screened. Mr. Forth stated further that the critical thing that P & Z was concerned about was the possibility of long tracker trailers or large tracks delivering materials and bringing them onto the property on Montrose Street, which would create a blind spot for someone trying to come out onto Montrose Street at the same time and at least with a decel lane you are out of everyone's way. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 11 Elaine Tharpe stated that she lives in Kings Ridge and their subdivision has been made into a right-in, right-out where you have to turn around if you want to go south on Highway 27. Ms. Tharpe said they are also making Anderson Hill Road a right-in and right-out. Ms. Tharpe said it is not a problem and there has not been an accident at the entrance to Kings Ridge since they have had the right-in and right-out and it is much safer than trying to go across all the lanes of traffic. Council Member Mullins asked if a decel lane could be put in at Highland so traffic · could make the U-turn if they want to go north on Highway 27 and Planning Director -Brown stated we cOuld r-e~uest the Dep~'tment of Transportation to do that. Planning Director Brown stated that the DOT was not even going to require Mr. Wert to construct a decel as they felt the trip generation was so small, however the City required it. Mayor Turville asked if it were possible to approve the CUP with the requirement of the decel lane however not abandon the right-of-way on Mr. Kennedy's property until we know how it will work and City Manager Saunders stated this CUP could not abandon the easement as that is another piece of property and a separate action. City Manager Saunders said Section 4, Number 2 of the CUP should be eliminated and it would be very important to have this CLIP be subject to DOT approval of another U-turn at- that location. City Manager Saunders stated also that our Landscape Code addresses .the height of the hedge and it must be 2 feet tall. City Manager Saunders stated that in Section 5, Number 6 of the CUP, he would suggest it read "excluding any living plant material", because landscape materials could be trees or bushes that may be over 6 feet. Mayor Turville read Resolution 1117 by title only. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried by roll call vote 3-1, to approve Resolution No. 1117 as amended. (Council Member Lamb or,posed). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 12 Resolution No. 1120 Jeffrey P. Rhoden Mayor Turville read Resolution No. 1120 and stated that the following issue required 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. Planning Director B~6~rn Sta{~d'that the applicant is requesting a Conditional Use Permit for professional office use in R-3-A zoning district and the property is located on East Avenue at the northeast comer of East Avenue and Highland Street between American Casualty Insurance Agency and Nay-Nay's Playhouse. Mr. Brown stated the property is on a block that was originally comprised of single-family residential units but with its proximity to and visibility from State Road 50, it was recognized that it would be appropriate for these residential units to eventually be converted to professional offices. Mr. Brown stated that most of the structures in the area have already made the transition from residential to professional office use. Planning Director Brown stated the professional office use requires eight parking spaces and this requires the use of the back yard of the building for parking. Mr. Brown stated that because of the narrow lot width, access to the backyard will have to come by way of the property to the south and a cross access agreement must be obtained from the property to the south. Staff recommends approval but would like to amend language in the Conditions, Section 3, Number 1 to state that "...The property to the south shall provide a perpetual cross-access to the subject property..." in order to clarify that this will be a perpetual cross-access easement agreement. City Attorney Guthrie suggested that language also be added that states that the perpetual cross access could only be terminated with the City's approval. City Clerk Van Zile swore in the following: Jeffrey P. Rhoden, 420 E. Minnehaha Avenue, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 13 Mr. Rhoden stated he is a land surveyor and this will be his office. Mr. Rhoden stated that his employees will be parking in the back of the building and that he has very few clients that come to his office. Mayor Turville closed the public hearing. City Manager Saunders stated the parking spaces on the front of the property adjacent to East Avenue require people to back out onto East Avenue and the City Code does not allow that. Mr. Saunders stated also that the cross-access driveway appears to only be a ~r~-way drivewaY'into that' area. M~.-Sati~ders suggested that this be reviewed to see if we need a variance for the parking out front and also to specify the width of the cross- access drive so that it has two-way traffic movement. Another issue brought by City Manager Saunders was the fact that the plan shows that the applicant is paving the entire front of the parcel with a driveway connection and that is not allowed by City Code. Mr. Saunders suggested that this matter be tabled until the next Council Meeting to make certain we address these questions. A motion was made b? Council Member Lamb, seconded by Council Member MacLauchlin, and carried unanimously by roll call vote to table Resolution No. 1120 to a time certain at the April 25, 2000 meeting. CITIZENS' COMMENTS Mayor Turville invited any citizens who wished to speak to the City Council to do so and stated and requested that any land use issue that may be coming before the City Council in the future not be discussed since that requires the Quasi Judicial process. Carl Palmiscino requested an explanation of Item No. 4 of the Consent Agenda. City Manager Saunders stated that the City has now received the final plans, specifications and modifications for the Kings Ridge Fire Station and it was the desire of the Council to have an independent cost estimate done so that the Council can be advised whether the cost estimate received by Lennar is accurate. Mr. Saunders stated that the firm the City has contracted with has stated they.will g.et thei.r~estimate to us.within approximately 10 days and as soon as we get that, this:, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 14 will be on the Agenda to either approve the construction of that fire station at the cost Lennar has or discuss why there is a difference in the cost. Mayor Turville stated that Lennar is building the Fire Station and will be receiving impact fee credits for the cost, so there is value being measured and it is important to make sure the cost estimate is correct. Mayor Turville asked if there were any other citizens who wished to speak to the Council. Charles Forth passed out a copy' °~"corresp°ndence directed to Planning Director Brown and copied to City Manager Saunders regarding his complaint regarding a code enforcement issue. Mr. Forth stated he brought this matter to the attention of the City 60 days ago and felt nothing was done and then wrote to the Editor of the South Lake Press. Mr. Forth said with the knowledge he has as a Code Enforcement officer in Orlando, he feels that the issue stated in his letter is one that is in direct violation of the City Codes regarding the outside use on a property as well as a parking issue. Mr. Forth stated he directed a letter "certified mail" to the City and directed the City to reply within 5 days and has received no response other than City Manager Saunders speaking with him before the meeting. Mr. Forth stated that he has sat on the Planning and Zoning Commission and is also a public servant in Orlando and looks at issues from all sides and his opinion is that all businesses in the City are not treated equally. Mr. Forth stated that he feels the ordinance referred to in his letter is not being enforced equally. Mr. Forth asked that the Council review Resolution 870 and Resolution 952 amending Resolution 870. Mr. Forth stated that those Resolutions pertain to the Mulberry Inn property. Mr. Forth stated he does not recall any action taken by the Council reflecting the outside use and if it is a permitted use that the use has to be inside and if it is not a permitted use then it must come before Planning and Zoning and the City Council for approval. Mr. Forth stated that the City's Ordinances should be applied to all business and residents equally and enforced. · Mrs. Tharpe stated that she read Mr. Forth's letter in the South Lake Press and stated that she ,attended the "First Friday" event sponsored by the Downtown Clermont Partnership and the music at the Mulberry Inn was not to loud and ended.at approximately 9:15 p.m. Mrs. Tharpe stated many of the other businesses and restaurants had music outside their business and Mr. Forth did not mention them. Mrs. Tharpe stated that Mr. Forth was aware of a large recreational vehicle purposely being p~ked where people·were trying to enjoy the First Friday CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 15 event and the classic cars. Mrs. Tharpe stated she hoped that everyone would think of what was good for Clermont and she felt that Mr. and Mrs. Forth had a personal vendetta against the Biddles and the First Friday event and wished they would join in the downtown event instead of Mrs. Forth hiding in the bushes to watch what was going on. Mr. Forth stated he wants unilateral appliance of the Code. Charlene Forth stated for the record that she was not hiding in the bushes and stated she and her husband do not own a motor home and do not know whom the motor home belonged to and did ndt Park it there. 'igI~s."FOftli-s~a-ted-this' was riot a petty battle and asked why planning Director Brown and City Manager Saunders did not answer her complaint letter or the letter of complaint mailed by her neighbor, Ms. Blanchard. Planning Director Brown stated that a response to Mr. Forth's letter would be mailed the next day and the response to Ms. Blanchard's letter was already mailed. Mr. Brown stated that the essence of the letter states that the staff does not speak to policy issues as addressed in the letter and this is a policy issue and should be discussed at a workshop and later at a City Council meeting. Mayor Turville stated that the City has requested City Attorney Guthrie to review the issue and after Mr. Guthrie's review, the issues of the letter from Mr. And Mrs. Forth and Ms. Blanchard will be responded to. Mrs. Forth stated for the record that a response was requested within five days and if the City wanted to go through legal counsel before responded they should have called. City Manager Saunders stated the letter was addressed to Planning Director Brown and the City Manager's office received a copy of the letter. Mr. Saunders stated he and Mr. Brown met on several occasions over the last couple of weeks to try and find out if there were violations. Mr. Saunders stated it is very difficult to respond to anything this complex within five days. City Manager Saunders apologized for not meeting the five day deadline, but stated there is no requirement for a response within five days and he will be meeting with Mr. Forth to get a better idea of what is going on since there are Codes referred to in the letter that the City does not .feel-' apply. Mr. Saunders stated they would like to identify the problems, whether Code or CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 16 Policy problems and find a resolution to them by having the City Council address the problems. City Manager Saunders stated that one issue that would definitely be addressed is whether or not the City is going to close West Avenue on the First Friday events. Mrs. Forth stated she wanted to state for the record that this is the third time they have come forward with their problem and she witnessed the music being so loud the windows rattled at Ms. Blanchard's home. Ms. Forth stated that they are big supporters of the downtown and that this is all propaganda against them and their complaint is that the music should only be on the main street of Montrose and not at West and Montrose. Council Member Lamb stated this was the first time she had seen the letter and has just read it now and understands from the letter that the biggest complaint is outdoor usage and parking. Mrs. Forth stated she wanted to know why a copy of their letter was not put in the City Council Packets. Mrs. Forth stated she feels they are being intimidated and harassed and being forced out and they are not leaving. Ms. Forth stated that they understood the Mulberry Inn was going to be a Bed and Breakfast, and did not realize anyone would allow Councilman Biddle to have music and drinking and that cannot be allowed. Mayor Turville stated that it is important that City Attorney Guthrie is going to review this matter and make certain there is not an interpretation going on that is inaccurate. Mayor Turville stated it is his goal to get everyone back together and felt this was a neighborhood feud that was getting difficult and everyone would be well served if there is some resolve. Mrs. Forth stated she wanted to say for the record so that everyone will know, that if this cannot be resolved, there are six of them who are ready to seek legal counsel and go forward with this against the City or against the City jointly with-the businesses that are causing this problem, and that is what they will do. Mrs. Forth said it is really a shame that they may have to do that as it is their City too and her husband sits on the Planning & Zoning Commission and they feel that the Downtown Parmership has nothing to do with this because they don't know what is going on. Rodney Lyons stated that he and his father inquired about the lights that were put up at the Fire Station for the temporary structures, and.have asked several times whether they had proper CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 17 permits for the electrical work, and whether it had been inspected and passed. Mr. Lyons stated from the records he obtained from the City, the permit was issued February 25, 2000, three days after he inquired. Mr. Lyons stated that he had a copy of the bill from Pike Electric to the City of Clermont dated February 25, 2000, stating they inspected the work but indicating the work was "done by others". Mr. Lyons stated that he has a copy of the bill showing the electrical supplies were bought in December and he wants to know who did the electrical work. City Manager Saunders stated that Pike Electric did permit the work. Mr. Saunders stated that an employee of Pike Electric did the work at no charge to the City. Mr. Saunders stated the Fire DePartment did nor fliiflk-th~-~/-iie~-d~d-a'permit because they were under the dollar amount required by the County for a permit. Mr. Saunders stated that the County has a dollar limit for electrical work that the County does not require a permit for, however the City's Code requires a permit regardless of the dollar amount and that is why they had to go back and get the permit. Mr. Saunders stated that a certified electrician pulled the permit; the work was done under that permit, inspected by Lake County and approved. Mr. Saunders stated that this was an "after the fact" permit. Mr. Saunders stated that it is his understanding that we are in compliance with the City and County requirements for the electrical work; it has been inspected and approved. Mr. Lyons stated the way he reads the building code, it is his understanding that the temporary structures are required to be fire resistant and they are not. Mr. Lyons stated his father called the people the City bought the temporary structures from and confirmed they were not fire resistant. Mr. Saunders stated that he was not aware of any requirement for temporary structures to be fire resistant and Lake County signed off on the permit and said the City had done everything that needed to be done. Mr. Saunders stated there is no building permit as this is a temporary structure approved by the City Council, which is allowed under a temporary structure ordinance. Mr. Saunders stated that after several discussions with Fire Chief Bishop, he feels everything required has been done. Mr. Lyons stated he did not understand how the City Council could pass something that was not in accordance with the Southern Building Code. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 2000 Page 18 City Manager Saunders stated that he does not believe the Southern Building Code has anything to do with temporary structures. Mr. Saunders stated that the Lake County Building Department handles all permitting and they did not have an issue with this temporary structure and have approved the electrical, so he feels everything has been done that should be done. Council Member Lamb suggested to Mr. Lyons that he discuss his questions with the County Building Inspector who signed off on all the work. Mr. Lyons stated the County has no record of the action taken years ago which turned over all of'~he City's permitting to them ahd-th&r~'seems to not be any record of any agreement delegating the authority to the County. City Attorney Guthrie stated that history has shown we are following the State law which states that two entities can enter into an arrangement where one undertakes a service and we have been doing this now for 16 years and that is evidence in itself that an agreement exists and it is working out satisfactorily. Mr. Guthrie stated the lack of documentation from that many years ago often happens, especially when a City is going through major growth and it is clearly within the powers of the two entities to have this agreement and it is not an issue. Council Member Lamb stated that even a verbal agreement is an agreement and the fact that the County has been doing the City's permitting for all these years is an agreement in itself. City Attorney Guthrie stated that whether the agreement was reached by an official action such as Minutes or a Resolution, or by verbal agreement, it is still an agreement that is working. City Attorney Guthrie stated that he did not believe it was necessary to investigate what the circumstances were or action taken when the City turned over permitting to the County, as it has been working for years and that history itself constitutes an agreement. Mr. Lyons stated that a County employee told him they inspected tents for fire resistance and other requirements and he did not understand why our structures would not have to meet the 'same requirements. City Manager Saunders explained that the County might inspect tents for some activities, such as a carnival or circus coming to town, as these tents are for public habitation and there are fire safety issues and this. may be what this County employee was referring to. Mr. Saunders stated CITY OF CLERMONT MINUTES, REGULAR COUNCIL MEETING MARCH 28, 2000 Page 19 he does not recall the County ever inspecting a tent put up for the Triathlon events, or Labor Day events. There being no further business or discussion, the meeting adjourned at 10:00 p.m. '~arold S."~'urville, Jr. Mayor Attest: ~o~eph