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04-23-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 23, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Norquist; and Council Member Sargent. Other officials present were City Manager Saunders, Planning Director Harker, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held April 9, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Surplus Equipment City Manager Saunders stated that Public Service Director Davis has requested a 1973 Ford backhoe be declared surplus so that we may sell it. 96-095 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to declare the 1973 Ford Backhoe as surplus property_. Workshop Meeting Council Members agreed to hold a Workshop meeting on Thursday, May 9 at 6:30 p.m. in the Council Chambers to meet with citizens concerned with skateboard restrictions. The meeting will be moved to Jenkins Auditorium if a larger facility is needed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 2 MAYOR POOL'S REPORT Mayor Pool noted that it appears that an algae bloom is occurring in Center Lake and he asked that proposals be obtained for harvesting. VISITORS WITH BUSINESS Daniel and Monica King - Interpret Open Air Sales Permit Mr. Daniel King of the Affordable Bite stated he and his wife are attempting to operate a canteen at 1440 Bloxam Avenue where Phil's Franks was located. He stated it will be a non-profit, fund raiser for the First Christian Church. He read a letter from City Manager Saunders dated April 3, 1996 denying an Open Air Sales Permit and informing them that the converted trailer was to be removed within 24 hours of time it was originally brought onto the site and is only allowed in a licensed trailer park in the City of Clermont. He stated that since this was an enclosed canteen facility, not a living facility, he didn't think an Open Air Permit would apply. City Manager Saunders stated that the applicant initially stated that they did not think they needed an Open Air Sales Permit since their operation is fully enclosed in a converted trailer. Both he and Code Enforcement Officer Jeff Jones visited the facility which consists of a converted RV trailer which contains the necessary equipment for a vending operation. He stated that under his interpretation of the intent of the Open Air Permit, this type of facility did not meet the intent and he denied their request for an Open Air Permit. City Manager Saunders stated that he explained to them in the April 3 letter denying the permit that two ordinances could possibly be involved. Section 24-2 of Chapter 24 of our Code of Ordinances does not allow trailer parking except in permitted trailer parks or personal trailers in a residence's side or rear yard. However, Chapter 16, Section 7 regarding Open Air Sales Permits, while it does not specify types of facilities, is more applicable to this request. We have tried to be very consistent in the past with what is allowed under the Open Air Sales Permit, which is anything other than a permanent structure, and it must be removed on a daily basis. The applicant disagrees with this interpretation of the intent of our Code and is requesting relief from the City Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 3 Council Member Norquist asked about any other open air sales allowed in the City. City Manager Saunders stated that only 30 day permits (one per site, per year) were allowed other than at a permanent business. Mayor Pool explained that the Council felt that open air sales businesses were unfair competition to permanent businesses because they did not have the same investment or pay the same fees and taxes. Mr. King again explained that he had an enclosed canteen which would not fall under the open air sales. City Manager Saunders explained it must be a completely enclosed building and meet standard building codes. 96-096 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carffed unanimously to uphoM the interpretation (and denial) of the open air sales permit to Daniel and Monica King. Stephanie's Coffee - Resolution No. 904 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for a combined use facility at 639 8th Street. The operation would consist of a combination of retail sales, a coffee shop which would include the sales of coffee, pastries, and sandwiches, and a third use of a business office. Mayor Pool read Resolution 904 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. The following people were sworn in by City Clerk Van Zile: Rick Reed Juanita Beckius Beverly Anderson Jim Larkin Wanda Coxe Audrey Wells Robert Porter Tracy McLemore 639 8th Street, Clermont, FL 17538 C.R. 455, Clermont, FL 220-C E. DeSoto Street, Clermont, FL 1438 Door Avenue, Tavares, FL 310 Crestview Dr. Clermont, FL 220 E. DeSoto, Clermont, FL 8501 Pine Island Rd., Clermont, FL 1635 Lake Shore Drive, Clermont, FL CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 4 Jennette Phillips Lanny Harker Wayne Saunders 634 8th Street, Clermont, FL 25470 SE Hwy. 72, Altoona, FL 10824 Crescent Lane, Clermont, FL Stewart Gilman stated he represented Mr. Reed. He explained that Mr. Reed proposes to sell coffee that is pre-packaged and in disposable cups to be consumed on the premises or as take-out, and pre-packaged sandwiches. They have been told they will be a restaurant, however, Florida Statutes states that sales of pre-packaged goods that are not made there are exempt from food service control. The three parking spaces required are required for the portion of the business that is allocated to the restaurant. There will be no cooking or food preparation equipment as there will be no kitchen, and therefore, it is not a restaurant. He stated that 60% of the business will be office business, 20% pre-packaged coffee sales and 20% brewed coffee and packaged food sales. Mr. Reed is a tenant and not the building owner. He asked if Mr. Reed is required to pay for three CBD parking spaces and moves to another building, if the fee would go with him. City Manager Saunders stated it would not. Mr. Rick Reed stated that Mr. Gilman correctly described his situation. City Attorney Baird asked Mr. Reed if there will be tables and chairs available so people may eat and drink on the premises. Mr. Reed stated there are four or five tables with four chairs each. Wanda Coxe asked how parking is allocated for businesses in the area and how many spots per business. She asked why this business was being singled out. City Manager Saunders stated that the inclusion of a restaurant requires that the applicants provide for the minimum required parking spaces associated with this type of use. Since no additional space is available on their site, they would be required to purchase the required spaces through the adopted parking space exchange fee. The request for Conditional Use Permit included "restaurant" and Mr. Reed testified that people can consume food on the premises. Chapter 2, page 31 of the Land Development Regulations defines restaurant as an eating or drinking establishment and doesn't make reference to the preparation of the food or drink. Restaurants are allowed in the Central Business District as a conditional use. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 5 City Manager Saunders stated that the Planning and Zoning Commission recommended approval of Resolution No. 904 with the conditions listed. City Manager Saunders explained that this business was not being singled out. When the new Land Development Regulations were adopted about two years ago, there was a concern about parking in the Central Business District so there was a regulation that any development or re-development would be required to provide parking. He explained that the business could already be open for the retail sales as the occupational license has already been issued. Stewart Gilman stated the business should not burdened with a $1,500 per unit parking fee for three units. He stated that Mr. Finch, a nearby business owner with a large parking area stated that he would designate three parking spaces to this business located on 8th and Montrose Streets. City Manager Saunders stated that the ordinance allows parking either on site or nearby that would serve the site. The third option is the parking fee. City Attorney Baird stated that if Mr. Reed presents a lease in proper form for the three parking spaces from Mr. Finch, it will satisfy the parking requirement. City Manager Saunders explained that if Mr. Finch terminates the lease in the future, then Mr. Reed will be required to find more spaces or pay the fee for the parking spaces. Juanita Beckius stated that if this business pays the $4,500 for three parking spaces, it should stay with the business. Audrey Wells stated that the coffee shop will be a big asset. She also asked who else will be required to pay this fee. Mayor Pool closed the public heating. 96-097 After discussion, a motion was made by Council Member Sargent and seconded by Council Member Norquist to adopt Resolution No. 904 amending condition #2 to include a satisfactory parking space lease agreement for three parking spaces. After discussion Council Member Norquist withdrew his second and the motion died. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 6 96-098 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 904, amending condition #2 by adding: 1) that three parking spaces will be provided either by payment into the Parking Space Exchange Fee to be paid 1/3 at time of issuance of the certificate of occupancy_, 1/3 paid one year from date of certificate o_f occupancy and the remaining 1/3 paid 2 years from date of certificate of occupancy_, or 2) provide a copy of a lease agreement with a property_ owner within the Central Business District for three parking spaces; or 3) provide three parking spaces on site. UNFINISHED BUSINESS Final Reading of Ordinance 305-M - Annexation of 52.48 acres City Manager Saunders stated that the applicant is requesting to annex 52.48 acres. The property is located on the south side of SR 50 and east of US 27. Mayor Pool read Ordinance No. 305-M by title only and stated that the request requires that a Quasi-judicial heating be held and that anyone wishing to speak for or against the request must be sworn in. City Clerk Van Zile swore in Bob Wade, 1363 Lake Shore Drive, Clermont and Claude Smoak, 8810 CR 561, Clermont. Bob Wade questioned the C-2 zoning with 1,320' depth. City Manager Saunders explained that Ordinance 305-M was to annex the property, not to rezone the property. 96-099 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Ordinance No. 305-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 7 Final Reading of Ordinance 306-M - Rezone of 52.48 acres City Manager Saunders stated that the applicant is requesting to rezone the property just annexed under Ordinance No. 305-M from UE Urban Estate to C-2 General Commercial. Mayor Pool read Ordinance No. 305-M by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile sWore in Bob Wade, 1363 Lake Shore Drive, Clermont and Claude Smoak, 8810 CR 561, Clermont. Claude Smoak spoke in favor of the rezoning request. City Manager Saunders stated that the Planning and Zoning Commission has recommended approval of the rezoning request. Staff also recommends approval and finds the property to be consistent with the zoning classification patterns that are developing in this area. Bob Wade stated that C-2 zoning had not been allowed to be 1,320' deep in the past and that a developer had been required to submit a planned unit development. City Attorney Baird stated that the City adopted Land Development Regulations about two years ago which requires much of what was required in the past with planned unit developments and conditional use permits. Mr. Wade asked if 1,320' is acceptable commercial depth along Highway 50. City Manager Saunders stated that it is acceptable for similar parcels with similar circumstances. Mr. Smoak stated there is a platted road to the south of the property that will reduce the depth. 96-100 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Ordinance No. 306-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 8 Annexation Agreement - Eayrs and Brockie City Manager Saunders requested that this annexation agreement be tabled until the next Council Meeting of May 14, 1996. 96-101 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to table the Annexation Agreement with Mr. Eayrs and Mr. Brockie until May 14, 1996. Final Reading of Ordinance 308-M - Annexation of 16.3 acres City Manager Saunders requested that the final reading of Ordinance 308-M be tabled until the next Council Meeting of May 14, 1996. 96-102 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to table the final reading of Ordinance 308-M until May I4, 1996. Final Reading of Ordinance 309-M - Rezone of 16.3 acres City Manager Saunders requested that the final reading of Ordinance 309-M be tabled until the next Council Meeting of May 14, 1996. 96-103 A motion was made by Member Norquist, and Ordinance 309-M until Council Member Sargent., seconded by Council carried unanimously to table the final reading of May 14, 1996. Final Reading of Ordinance 310-M - Amending Sewer Service Rate Schedule City Manager Saunders stated that this ordinance will amend the sewer service rate ordinance that was adopted last November, establishing the base rate for sewer which is based on the water meter size. Since the establishment of that ordinance, we have discovered that the meter size is not an equitable method for manufacturing facilities. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 23, 1996 Page 9 City Manager Saunders stated that water may not be going into the sewer system and facilities should be reviewed on an individual basis. After an analysis by the Public Services Director regarding the amount and treatability of waste water being discharged into the City's system, the monthly base charge will be determined, which will not be less than one ERC for a 5/8" x 3/4" meter. The addition of "not less than" one ERC should be added. Mayor Pool read Ordinance 310-M by title only. 96-104 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Ordinance No. 310, adding ~not less than ~ to the last sentence in Section !. There being no further business or discussion, the meeting adjourned at 8:56 p.m. Robert A. Pool, Mayor Attest: ~seph