Loading...
11-22-1988 Regular Meeting e "e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 22, 1988 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, November 22, 1988 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: Mayor Pro Tem Turville, Council Member Dupee, Council Member Cole and Council Member Huff. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was given by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Special Meeting and the Regular Meeting held November 11, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT PENSION BOARD MEETING It was reported the next meeting of the Pension Board would be held at 7:00 p.m. on December 13, 1988, immediately preceeding the regularly scheduled Council Meeting. POWER FLUCUATIONS It was reported that Florida Power had found and corrected a problem which had been causing power flucuations in the down- town area. FLORIDA TRIATHLON CHAMPIONSHIP SERIES It was reported that the Florida Triathlon Championship, which the Council had already approved, would be held next weekend at Jaycee Beach. FLORIDA FREEWHEELERS City Manager Saunders reported that the City had received a thank you letter from the Florida Freewheelers Bicycling Group for allowing them to use the Jaycee Beach area as the staging point for their rides. In appreciation, the group would like to donate something as an improve- ment to the beach area, something the City would choose as a necessary improvement to the area. THANKSGIVING HOLIDAY It was reported that City Hall would be closed on Thursday and Friday in observance of the Thanksgiving holiday. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 22, 1988 Page -2- COUNCIL MEMBER DUPEE'S REPORT GROUNDBREAKING CEREMONY FOR INCINERATOR Mrs. Dupee reported that Council Member Huff and she had attended the groundbreaking ceremony and barbeque given by Ogden-Martin for the burn plant. Mrs. Dupee further stated that those in attendance had been given a minature gold shovel in honor of the occasion. PUBLIC LAND ACQUISITION SEMINAR Mrs. Dupee stated that Council Member Turville, Council Member Elect Norquist and she had attended a Public Land Acquisition Seminar last Saturday. Clay Henderson of Volusia County explained how the county obtained a 20 million dollar bond issue to save beaches and other smaller parcels. Mrs. Dupee further stated that you had to sell the idea to developers, the business people of the area and the citizen voters in order to fund a project of this magnitude. COUNCIL MEMBER COLE'S REPORT It was reported that he had attended the "Love Feast" at the Clermont Headstart Center last Friday and enjoyed the program and nice meal. COUNCIL MEMBER HUFF'S REPORT Council Member Huff reported that he had enjoyed the four years he had served on the Clermont City Council and that during this time he had learned a great deal and hoped that he had helped the citizens of Clermont. The Council wished Mr. Huff well, and asked that he be available to help out if needed. VISITORS WITH BUSINESS E. PATRICK SMITH III - VARIANCE REQUEST Mayor Pool asked if anyone was present to present the request and no one responded. Mayor Pool then explained that Mr. Smith was requesting a variance from the rear yard setback requirement of 9' to allow a 5' setback for a screened pool enclosure, which was similar to a variance granted to Steve Grimm, the previous owner of the home, in September of 1987. Mayor Pool then asked City Manager Saunders to explain the differences between the requests. City Manager Saunders stated that the variance granted to Mr. Grimm in 1987 was for a 6' rear yard setback, not 5'. It was further ex- plained that the pool was installed prior to a clarification being made in our Zoning Ordinance requiring any part of a pool, including a deck, to be set back a minimum of 9' in this zoning district. As a result, the pool was set back to 9', but the edge of the deck was, e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 22, 1988 Page -3- at that time, measured to be only 6' from the property line. It was the consensus of Council to grant the variance on the fact that a change in the Zoning Ordinance caused the hardship in this parti- cular case. Mr. Smith had the pool company measure the lot again, and found that the deck is actually 5' from the property line. Mayor Pool then called for comments from those present, and no one spoke in favor of or in opposition to the request. 88-161 A MOTION WAS MADEBY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE RE2UEST FOR A 5' REAR YARD SETBACK FOR A SCREENED POOL ENCLOSURE AT 17 0 TWELFTH STREET. TERRY STRICKLAND - REQUEST FOR AN OPEN AIR PERMIT City Manager Saunders explained that Mr. Strickland was requesting an Open Air Sales Permit for satellite dish displays at 998 East Highway 50, which is the northwest corner of Grand Highway and Highway 50. The City's Zoning Ordinance provides for Open Air Sales Permits for greater than thirty days with approval of the City Council. A sketch of the proposed storefront was displayed, and City Manager Saunders further stated that the only problem he could see was that the Highway 50 right-of-way was a few inches from the southern wall of the building and that all displays must be on private property. In order to do this, all displays would have to be restricted to the west side of the building. Much discussion ensued concerning the height of the displays and that they should meet the City's height requirement of 30' and limiting the number of satellite dishes that could be displayed at one time. Jack Sargent, who was present in the audience, questioned whether a dish could be displayed on the pole in front of the building and meet the 4.5' requirement of the sign ordinance, which would require that the leading edge of the sign be 4.5' back from the right-of-way. 88-162 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE OPEN AIR SALES PERMIT FOR 998 EAST HIGHWAY 50 SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT NO MORE THAN THREE SATELLITE DISHES BE DISPLAYED AND (2) THE 4.5' REQUIREMENT OF THE SIGN ORDI- NANCE BE MET. JANE JONES OF DAL-DON PRODUCE - VARIANCE REQUEST Mrs. Jones was present and explained that the 60' driveway, as granted in the Conditional Use Permit creates a bottleneck where the parking lot is due to the decrease in paved area in front of the D & D Trucking building, and that they were requesting a vari- ance from the driveway requirement to allow the present 150' drive- way entrance to remain. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 22, 1988 Page -4- After Mrs. Jones made the request, City Manager Saunders explained that safety was the main concern of the City. He further stated that the City Staff and Council Members, as well as Mr. Bloebaum, had looked over the situation, and after much discussion of the situation, Mr. Bloebaum has agreed to construct the northbound decel lane on Highway 27 which will allow approaching vehicles an opportunity to slow down before approaching the driveway. Mr. Saunders further stated the City would have no problem with the request if the decel lane is in place. Some further discusson occurred concerning the configuration of the site and the landscape requirements. It was agreed that the existing island would be rounded off and that the planter would be constructed under the three foot overhang on the building. The City's tree requirement at first placed the trees in the island, but it was the consensus of Council that this would not be safe to do and placing the trees on the corners of the lot would meet the code. The island requirement for the back parking lot was also discussed, and it was determined that the island by the large oak tree would satisfy the requirements and the island proposed for the middle of the parking lot could be eliminated. 88-163 There being no further discussion of the request, A MOTION WAS MADE COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE RE~UEST TO ALLOW A 150' DRIVEWAY ENTRANCE FOR 1920 SOUTH HIGHWAY 7 CONTINGENT UPON THE CONSTRUCTION OF THE NORTHBOUND DECEL LANE. THE LANDSCAPE ISLAND LOCATED AT THE FRONT OF THE BUILDING WILL BE ROUNDED OFF AT THE WEST SIDE OF THE INLET AND THE TREES WHICH WERE TO BE PLACED IN THIS ISLAND, FOR SAFETY REASONS, WILL BE MOVED TO THE CORNERS OF THE LOT, THE RE- QUIRED PLANTER WILL BE CONSTRUCTED NEXT TO THE BUILDING, AND THE MIDDLE LANDSCAPE ISLAND AS-, REQUIRED FOR THE REAR PARKING LOT WILL BE ELIMINATED. RESOLUTIONS 608 AND 609 City Mangager Saunders explained that Resolution No. 608 would cancel the Garbage Collection Franchise of A & A Sanitation and Resolution No. 609 would cancel the one held by American Refuse. A & A Sanitation has failed to perform under three sections of the franchise agreement and American Refuse Services, Inc. also has failed to perform under two sections of the franchise agreement. Mr. Saunders further stated that the City Staff was recommending revocation of these franchise agreements and that the companies in question had been duly notified as required under the terms of the franchise agreements but that no efforts were made to correct the deficiencies. Subsequently, Mr. Steven Semlar of A & A Sanitation wrote stating that they did not wish to renew the franchise. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 22, 1988 Page -5- 88-164After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 608 REVOKING THE GARBAGE COLLECTION FRANCHISE OF A & A SANITATION. 88-165A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO- LUTION NO. 609 REVOKING THE GARBAGE COLLECTION FRANCHISE OF AMERICAN REFUSE SERVICES, INC. The Resolutions were read by title only by Mayor Pool. There being no further business or discussion, the meeting adjourned at 8:15 p.m. ~~ Attest: