10-14-1986 Regular Meeting
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,CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
October 14, 1986
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, October 14, 1986 in the Council Chambers. The meeting
was called to order at 7:30 p.m. by Mayor Pool with the following
Council Members in attendance: Council Member Cole, Council Member
Dupee, Council Member Huff and Mayor Pro Tem Turville. Other City
Officials present were City Manager Saunders, City Attorney Baird,
Finance Director Van Zile, City Planner Perlick and Deputy City
Clerk Brandt.
INVOCATION
The Invocation was offered by Nilsa Whitehead followed by the repeat-
ing of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Workshop Meeting held August 16, 1986 were approved
as amended by taking Richard Huff out of the list of those attending
the meeting. The Minutes of the Workshop Meeting held August 21, 1986
were approved as presented. The Minutes of the Regular Meeting held
September 23, 1986 were approved as amended by stating on Page 7, under
Item #9, that a letter favoring the proposed amendment had been received
from D.M. and Patricia A. McCaffrey. A statement by Council Member Huff
was also changed to read "Council Member Huff stated that he believed
that the highest and best use for a property was like water and would
seek its own level; ..."
REPORTS
CITY MANAGER'S REPORT
City Manager Saunders stated that the request for additional grant
moni~s for the treatment plant expansion had been approved by the
EPA in the amount of $270,980, and that Council acceptance of the
grant increase was needed.
86-176 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE GRANT INCREASE
IN THE AMOUNT OF $270,980.
COOPER MEMORIAL LIBRARY FUND RAISING AUCTION
It was explained that the Library Board of Cooper Memorial Library
would be holding a fund raising auction on October 25 and had re-
quested that Lake Avenue, between Minneola Avenue and Montrose
Street be closed for the occasion. It was the consensus of Council
to allow this request.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee requested a copy of the inter-local agreement
mentioned in the Weekly Memo. City Manager Saunders 'stated that
one was available at City Hall.
LAUNDERY TO BE LOCATED IN THE DOWNTOWN BUSINESS DISTRICT
Council Member Dupee stated that she had heard a rumor that a
twenty-four hour laundry was to be located at 787 West Montrose
Street. Mrs. Dupee then read a petition signed by twenty-two
business owners and residents of the downtown area opposing the
proposed laundry.
Mrs. Dupee continued by stating that she wished to make a motion
to amend the City's Zoning Ordinance to make the laundry a condi-
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,CITY OF CLERMONT
MINUTES
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October 14, 1986
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tional use in Central Business District and begin the procedure
to do so,
Council Member Turville asked if this motion would include a,
moritorium against this type of use.
City Manager Saunders ,stated that an amendment would have to be made
to the zoning ordinance, and that would take approximately 45 days.
City Attorney Baird stated that a moritorium would depend upon what
type of action had been taken by the owner of the proposed laundry
to begin with. He then stated that the City had lost a similar case
a few years ago based on the fact that if a property owner takes
certain steps in reliance on what is contained in the present zoning
ordinance, and then it is changed after he has taken those steps, h,e
is still entitled to what he has requested to begin with.
Council Member Dupee stated that she believed that the owner had
only inquired if this would be a permitted use for his building.
City Manager Saunders concurred with this statement.
City Attorney Baird then stated that a motion would need to be made
directing t~e City Staff to prepare an ordinance amending the zoning
ordinance 'to make laundries a conditional use in the Central Business
District.
City Manager Saunders then asked if a moritorium could be declared
immediately.
City Attorney Baird stated that a moritorium could be declared if
there was a definite emergency situation in terms of sewer, water,
etc. He further stated that he did not know if the City would be
on strong legal ground if a moritorium was declared, but if the
Council wished to do so, the court would tell them if they were
right or wrong.
Council Member Dupee reiterated her position stating that she felt
strongly that a laundry is not a good use for the area.
City Attorney Baird then stated that the City Staff could be directed
not to issue any permits for that type of use, and if it was pressed
in court, the court would decide.
Mayor Pool stated that he believed that all other changes to the zoning
ordinance for the Central Business District should be made at the same
time.
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Council Member Turville stated that the laundry itself was not the
problem, but the parking situation was. City Manager ,Saunders stated
that he agreed with this assessment. City Attorney Baird then stated
that parking might lend itself to an emergency type situation.
Mayor Pool then asked the City Attorney if he recommended passing an
emergency measure.
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Mr. Baird then advised that if that was the consensus of Council, a
motion directing the Staff not to issue any permits at this time that
would have an adverse effect on parking in the Central Business District
and to direct Staff to draft and ordinance amending the present zoning
ordinance to solve that problem.
Council Member Dupee then withdrew her first motion.
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Some further discussion ensued, Council Member Dupee then asked
the City Attorney for a restatement of the motion to be made.
86-177 City Attorney Baird then restated the wording for the motion, and
A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE THE CITY STAFF
NOT ISSUE ANY PERMITS FOR DOWNTOWN CLERMONT THAT WOULD ADVERSELY
EFFECT THE PARKING PROBLEM THAT ALREADY 'EXISTS THERE NOW, AND
FURTHER DIRECT THE STAFF TO DRAFT AN ORDINANCE DEALING WITH THE
PROBLEM.
VISITORS WITH BUSiNESS
THOMAS JODWAY VARIANCE REQUEST
Mr. Jodway appeared before Council to request a variance to the
sign ordinance in order to allow a 464 square foot sign to remain
on the rear wall of Motel 8. The maximum allowable size for a
sign at this location is 50 square feet.
Mr. Jodway stated that he did not have a permit to erect the
sign in question. He further stated that the "House of' Presidents"
in front of the motel hides the motel from Highway 50. Also, due
to the topography of the land coming from the south, there is only
a seven second response time ~o a sign.
Mayor Pool asked Mr, Jodway if he had considered an off-site sign,
and Mr. Jodway stated that there was no space available south of
the motel. It was also suggested that he ask permission fro~ the
,Citrus Tower to place a sign on their ground sign located in front
of the tower.
Council Member Huff stated that a 50 square foot sign was not
much of a sign, but he believed that a variance to allow the present
sign could not be granted in light of the Council's previous decision
concerning strengthening the City's sign ordinance, '
Mayor Pool concurred by stating that granting this request would
dilute, not strengthen the City's sign ordinance.
86-178 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE REQUEST,
Mr. Jodway stated that he believed that larger signs should be
allowed along Highway 27 due to the higher ,speed limit, which
cuts down on the visibility of a smaller sign.
City Attorney Baird stated that perhaps this item should be addressed
with the re-writing of the sign ordinance.
ELMER J. GIVENS VARIANCE REQUEST
City Manager Saunders explained that Mr. Givens was actually requesting
three variances to the Subdivision Ordinance for his industrial subdi-
vision to be located on the northeast corner of Grand Highway and Hook
Street. The variances requested were as follows: (1) A 40 foot
right-of-way with 20' of pavement instead of the required 60 foot,
right-of-way with 24' of pavement, (2) a 100' diameter cul-de-sac,
whereas 150' is required, and (3) waiver of the 5% dedication or pay-
ment for parks and recreation.
Mr. Givens appeared before Council and gave an expanded explanation
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October 14, 1986
Page -4-
of the requested variances. With regard to the third variance request,
Mr. Givens stated that he believed it was foolish to require him to
donate 5% of his property or 5% of his property value to the City for
a park. He stated that he would choose to donate the property, and tpe
City would then have a park in an industrial park.,
It was explained ,that the purpose of the 5% requirement was to allow
the City to maintain parks or "greenspaces" within the City. Monies
given to the City would be placed in the City's Recreation Reserve
Account for future parks development.
City Manager Saun~ers then explained that the City Engineer had recom-
mended that the pavement be 24' wide to accommodate truck traffic. If
the ,40' right~of-way and the ,100' cul-de-sac is maintained, then a 10'
easement would be need to be platted for future utilities.
86-179 After a brief discussion of the requests, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY
CARRIED TO GRANT THE FORTY FOOT STREET RIGHTS-OF-WAY AND THE ONE
HUNDRED FOOT DIAMETER CUL-DE-SAC RIGHTS-OF-WAY WITH THE WIDTH OF THE
STREETS TO BE TWENTY-FOUR FEET. 'A TEN FOOT PLATTED EASEMENT IS RE-
QUIRED ON BOTH SIDES OF THE RIGHTS-OF-WAY. THE REQUEST FOR EXEMPTION
FROM THE 5% REQUIREMENT WAS DENIED.
GEORGE GALLUP VARIANCE REQUEST
Mr. Gallup appeared before Council to request a variance to the zoning
ordinance in order to erect a 200 square foot utility building in his
rear yard of his home located on the corner of Bloxam Avenue and
Magnolia Street. Winn Dixie is located east and Chain-O-Lakes Auto
Parts Store is located north of the property in question.
Under the ordinance the maximum allowable size is 150 square feet.
Mr. Gallup explained that the building would be placed close to his
home, with a 9'6" setback from the west property line and 18'6" set-
back from the south property line,
Mayor Pool called for comments, and no one spoke for or against the
variance request,
86-180 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,.
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE
VARIANCE REQUEST AS PRESENTED.
DARRYL LADD VARIANCE REQUEST
Dale Ladd appeared before Cbuncil to request a variance to the side
yard setback requirement for property located at 739 Shady Nook Drive,
Mr. Ladd wishes to construct a residence with a side yard setback of
19.5 feet on a corner lot, whereas 25' are required.
Mr. Ladd continued by stating that the variance is needed so the pro-
posed house will fit on the 75' x 100' lot and not have to face the
cemetery. If the house faces the cemetery, existing trees on the lot
will have to be cut down.
Council Member Dupee stated that she was bothered by setting a prece-
dent with the side yard setback of 19.5' on DeSoto Street, when other
lots along the street are undeveloped.
86-181 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER rURVILLE AND UNANIMOUSLY CARRIED TO DENY
THE SIDE YARD VARIANCE REQUEST.
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October 14, 1986
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CLINT AND MARY WEBSTER VARIANCE REQUEST
Mr. Clint Webster appeared before Council to request a rear yard
setback variance for his property located at 1750 Twelfth Street
in order to construct a screen room approximately 18' from the
rear property line.
Each Council Member was given a site plan showing the location
of the proposed 24' x 12' screen room.
Under discussion it was determined that
Mr. Webster would not need a variance,
that he could not support the requested
did not exist,
by repositioning the room,
Council Member Huff stated
variance because a hardship
86-182 After a brief discussion, ,A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DENY
THE REAR YARD SETBACK VARIANCE REQUEST.
BEVERLY POOL VARIANCE REQUEST
Before any discussion of the request took place, Mayor Pool stated that
he would Gontinue to conduct the meeting, but would make no comments
concerning the request. Council Member Turville also declared a
conflict of interest and abstained from discussing or voting on the
request because his property abuts the property in question.
Beverly Pool appeared before Council to request a variance to the
minimum street frontage requirement of 100' to 76' for the existing
home located at 1464 East Avenue. Mrs. Pool stated she owned the
east 26' of Lot 6 and all of Lots 7, 8 and 9 in Block 11 of Sunnyside
Unit Subdivision, and was requesting to divide the property along
the existing property line between Lots 8 and 9 to allow a conforming
home to be constructed on ~ots 8 and 9.
Dividing the property in this manner would make the existing home
nonconforming because it would not meet the 100' minimum front footage
requirement for homes in the R-I-A zoning district. However, all set-
backs and the minimum square footage requirement would still be met.
It was pointed out that other homes on East Avenue, north of the
applicant's property, have street frontages of 74', 55', 78' and
82', and that a similar request was granted by Council on January 14,
1986 for property located at 380 Minnehaha Avenue.
A letter from Ken Norquist, who owns property within 150' of the
subject property, was read approving of the proposed variance.
36-183 After a brief discussion~ A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY A THREE
TO ZERO VOTE TO GRANT THE VARIANCE TO THE MINIMUM STREET FRONTAGE
REQUIREMENT OF 100' TO 76' FOR THE HOME LOCATED AT 1464 EAST AVENUE.
MAYOR POOL AND COUNCIL MEMBER TURVILLE ABSTAINED FROM VOTING DUE TO
CONFLICTS OF INTEREST.
LAWSON WOLFE CONDITIONAL USE PERMIT REQUEST FOR CBS INDUSTRIES
Lawson Wolfe appeared before Council to request a Conditional Use
Permit to construct a 3,600 square foot addition to the existing
truss plant located in the M-l zoning district.
Mr. Wolfe stated that he was requesting variances from the require-
ments for screening outsi,de storage areas and the enclosure of any
manufacturing operation. He also requested permission for grass
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October 14, 1986
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parking on the vacant property located on the northwest corner of
Eleventh Street and Minneola Avenue. Mr, Wolfe stated that he had
obtained permission from the County to enter and exit the property
from Minneola Avenue.
It was reported that the Planning and Zoning Commission at its
meeting held October 7, 1986 had recommended approval of the
Conditional Use Permit, with additional conditions, by unanimous
vote.
Mayor Pool called for comments from those' present. City Manager
Saunders read a letter from Robert W. Markland of 990 West Montrose
Street requesting that the truss plant be enclosed due to noise
coming from the plant day and night.
Joe Washuta and Paul Hollenbach expressed their displeasure with
th~ ,dust created by the traffic coming from the CBS complex. . M~.
Washuta stated that he believed that fixing the potholes on
Carroll Street would help curb some of the dust problem.
Mayor Pool asked if something could be done to repair Carroll
Street, and Mr. Wolfe stated that he had been working with the
City on this problem.
Much discussion ensued concerning the request for grass parking.
Mayor Pool suggested the use of pine bark to help eliminate dust
if the grass died. Council Member turville suggested that
Condition #9 of Resolution #541 be amended to ensure that the
grass remains entact or some measure is taken to control dust
coming from the site.
86-184 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT,
RESOLUTION /1541 AS AMENDED. ITEM 119 WAS AMENDED, TO READ "OFF-
STREET GRASS PARKING MUST BE DELINEATED, MAINTAINED AND DUST
MUST BE CONTROLLED". THE VARIANCES FROM THE REQUIREMENT FOR
SCREENING OUTSIDE STORAGE, AND ENCLOSING OF THE MANUFACTURING
OPERATION WERE GRANTED AS REQUESTED.
FINAL READING OF ORDINANCE 247-C
Mayor Pool explained that passage of this ordinance would inc'rease
the Mayor's compensation to $200 per month and Council Members' com-
pensation to $175 per month. He stated that the Council's compensation
had not been increased in twenty years, and he believed the additional
compensation was justified considering the incre~sed amount o'f time spent
conducting City business. ' The Mayor stated that the increase would not
take effect until January 1, 1988.
Council Member Turville stated that he believed the Council should
be compensated only enough to cover "real expenses", and the amount
of time spent could not be considered when justifying the increase.
Cecil Smart, who was present in the audience, stated t~at he believed
the increase was not enough, Bob Wade, who was also.'ptesent in the
audience, stated that he thought the Council should copsider granting
itself a yearly cost of living increase. ' ,
86-185 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER
COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE
VOTING NAY, TO ADOPT ORDINANCE 247-C AMENDING CHAPTER"2, SECTION 7,
ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT.
THE ORDINANCE WILL TAKE EFFECT JANUARY 1, 1988.
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October 14, 1986
Page -7-
NEGOTIATIONS TO PURCHASE ABANDONED RAILROAD RIGHT-OF-WAY
City Manager Saunders recapped the City's negotiation efforts to
purchase what started out to be 12 acres of abandoned right-of-way
located within the city limits of Clermont. As directed by Council
during the September 23, 1986 Council Meeting, the City offered
the railroad $122,500 for approximately 9 acres of remaining right-
,of-way.
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Mr. Saunders stated that he had been informed by Mr. A.E. Rast, Jr.
of CSX Systems (Seaboard Systems Railroad) that two more parcels were
now under negotiation with CBS Industries and Bell Ceramics, leaving
approximately 8 acres of right-of-way.
Mayor Pool asked if this would interfere with the City's interceptor
sewer line project. City Manager Saunders stated that it would effect
the project, but that Mr. Rast had stated that he would get the City
an easement over the parcels being sold to CBS Industries and Bell
Ceramics.
City Manager Saunders stated that he would like to hold a Special Meet-
ing next week to discuss this matter. It was the consensus of Council
to hold the meeting in the Council Chambers at 6:30 p.m. on Wednesday,
October 22, 1986.
Lawson Wolfe, who was present in the audience, stated that he believed
it was better to sell the property to private individuals and keep it
on the tax rolls.
INTRODUCTION OF ORDINANCE 167-M
It was explained that this ordinance would rezon~ from R-2 Medium
Density Residential to C-2' General Commercial the property located
on the northeast corner of Grand Highway and ~ighway 50 which was
placed in the Land Use District UD-2 during the September 23, 1986
Council Meeting. '
86-186 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL
MEMBER DUPEE TO INTRODUCE ORDINANCE 167-M. THE ORDINANCE WAS
READ BY TITLE ONLY.
GARBAGE COLLECION FRANCHISES - INTRODUCTION OF ORDINANCES 180-M,
18l-M AND 182-M
City Manager Saunders explained that the City had received requests
from three commercial carriers for franchises: Industrial Waste
Service, American Refuse Service and John Berry. Presently the
City is served by South Lake Refuse and Dump All. The two franchises
operating in the City pay a 5% franchise fee which generates 'approxi-
mately $4,000 per year revenue to the City.
Mr. Saunders then recommended that the City grant the three companies
franchises with the franchise fee being increased to 7.5% effective
November 1, 1987 and to 10% effective November 1, 1988. The 1987 date
for the increase was recommended because the two franchise agreements
now in effect cannot be increased until that time.
Council Member Turville asked if the City would be able to approve
the location of dumpsters. Mr. Saunders stated that the City would
have control over that, and then he read the other changes in the
proposed agreements.
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A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL
86-187 MEMBER TURVILLE TO INTRODUCE ORDINANCES 180-M, 18l-M AND 182-M.
'THE ORDINANCES WERE READ BY TITLE ONLY.
RESOLUTIONS #539 AND #540
Finance Director Van Zile explained that in an effort to consolidate
the City's bank accounts and streamline its cash management system,
he had requested cash management proposals from local financial
institutions. Presently the City has eleven accounts in five banks,
but adoption of a master banking agreement would consolidate the
accounts to six in one bank, and maximize the City's interest
earnings through maintaining an increased percentage of funds in
interest bearing accounts for a longer period of time,
Proposals were received from Sun Bank, N.A., NCNB National Bank and
First Florida Bank. Mr. Van Zile continued by stating that all of
the proposals were similar, but that Sun Bank had submitted the
highest interest rate to be paid on overnight deposits. Mr. Van Zile
then recommended acceptance of Sun Bank's proposal, and stated that
to convert to the new system Resolutions No. 539 and 540 would have
to be adop'ted.
Resolution #539 documents that Sun Bank, N.A., Clermont is the Council
approved depository for the City's checking and savings accounts. It
also documents the names of the elected officers of the City. Resolution
#540 documents the Council's approval of fund transfers between Sun Bank
and other financial institutions or between accounts at Sun Bank. It also
documents that the City Manager is the person authorized to execute the
Funds Transfer Agreement.
86-188 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL
VOTE TO ADOPT RESOLUTIONS #539 AND #540. THE RESOLUTIONS WERE READ
BY TITLE ONLY.
COMPUTER FINANCING FOR PURCHASE OF A COMPUTER SYSTEM
Finance Director Van Zile stated that the total purchase price of the
computer system purchased from NCR Corporation was $50,040,79, and of
that amount, $30,067.79 was to be financed.
Mr. Van Zile stated that he had contacted local financial institutions
concerning quotes on fixed and variable interest rate loans for 36
months. Due to th~ interest rate quoted, Mr. Van Zile then recommended
approval of quarterly financing with NCR Credit Corporation with payments
of $2,586.43 per quarter.
86-189 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER
HUFF AND UNANIMOUSLY CARRIED TO APPROVE FINANCING WITH NCR CREDIT CORPOR-
ATION AT A FIXED INTEREST RATE OF 7% AND QUARTERLY PAYMENTS OF $2,586.43.
CITIZEN COMMENTS
Cecil Smart stated that he was opposed to the laundry being located
in the Central Business District.
He also stated that the extra sidewalk area was taken out on the east
end of Montrose Street when the trees were planted, but not on the west
end of the street. He further stated that he believed the piece on the
west end also should be ,removed.
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Mr. Smart asked that the Police Department discontinue its policy of
opening locked cars. He explained that he was a registered locksmith
and that many times cars were severely damaged by officers, and he had
to spend a great deal of time repairing and putting the locking mechanisms
back together.
City Manager Saunders stated that he would review this request with
the Chief of Police to get statistics and report back to Council.
Todd Dittrich, who was present in the audience, questioned the granting
of the variance for the Pool property considering that he had been
denied a front yard setback variance for property in the same area.
He also stated that he believed the home which was being built on his
former property was not m~eting the required front yard setback and
asked why this was being allowed since he was denied a variance re-
quest to do the same thing.
City Manager Saunders stated that he would check on this matter for
Mr. Dittrich.
Nilsa (Cuqui) Whitehead, who also was present in the audience,
expressed concern that the newly planted trees on Montrose Street
were not getting enough water.
City Manager Saunders stated that they were getting approximately
8 gallons of water per day which was the recommended amount,
There being no further business or discussion, the meeting adjourned
at 10:10 p.m.
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:Ro ert A. Pool, Mayor
Attest:
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