08/02/1979
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CITY CO~fMISSION MEETING
August Z, 1979
The City Commission of the City of Clearwater met in
re.ular session at the City Hall, Thursday, August 2, 1979,
at 9:'30 a.m., with the following members present:
Charles F. LeCher
William Nunamaker
Karleen F. DeBlaker
Richard E. Tenney
Marvin Moore
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
Thomas A. Bustin
Max Battle
D3;'rid Healey
Frank Daniels
Lucille Williams
City Manager
Ci ty A'ttorney
City Engineer
Planning Director
Police Chief
City Clerk
The Mayor called the meeting to order. The Pledge of
Allegiance was led by Chief Daniels. The invocation was
given by the Reverend David Dissen of First Evangelical
Lutheran Church.
ITEM #3 - Introductions and Awards.
None.
ITEM #4 - Service Awards.
Six service pins were awarded City employees.
ITEM #5 - Minutes.
Commissioner DeBlaker moved to approve the minutes of the
regular ,meeting of July 19, 1919, as recorded and as submitted
in written summation by the Clerk to each Commissioner. Motion
was seconded by Commissioner Moore and carried unanimously.
ITEM #6 -' Consent Agenda.
Change order #1 (Final), Turner Street Outfall, reducing
Purcell Excavating, Inc. contract $1,497.50 to adjust
bid quantities to actual quantities, for a total present
contract of $11,008.50.
6.2 ,Requests fat' Annexation (For Referral):
6.1
.3. Lot 13, Pine Dell Subdivision. - F. Craddock
b. Lot 6, Block B, Douglas Manol' Lake Subdivision.
R. Marty.
6.3 Community Impact Statement - Tract 3, Countryside, in
the,NE 1/4 of Section 19-28-16.
.Commissioner Nunamaker moved to accept the Final
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additional 12 spaces were a contractor's error and the configu-
ration of the parking lot was changed to protoct several trees.
He also reported they have 50 employees hired and waiting.
to go to work.
Drainage and a retention pond were discussed. City
Engineer Max Battle suggested drains be installed in the
parking lot and the Planning Director reported the landscape
plan would have to be amended.
Commissioner Tenney moved to allow 6 of the 12 parking
spaces to the front of the building to remain, subject to
staff approval. Commissioner Moore seconded the motion.
Upon the vote being taken, Commissioners Nunamaker, Moore
and Tenney and the Mayor voted "Aye"; Commissioner DeBlaker
voted "Nay." Motion carried.
ITEM ff11 - Preliminary Subdivision Plat/Townhouse Site
Plan of Marina Del Rey at Sand ~ey Unit B in Section 19-29-15.
Donaldson Homes, Inc.
The property contains 6.54 acres of upland located on a
finger of land east of Gulf Boulevard north of the Isle of
Sand Key condominium~ The developer has presented a revised
site plan for 72 townhouses.
The Board of Adjustment and Appeal on Zoning has considered
and approved a S-foot building height variance for each of
the townhouses to permit a height of 30 feet where 25 feet
is permitted.
The Resource Development Committee and the Planning and
Zoning Board recommended no structural encroachment of any
kind be permitted in the 3D-foot setback under the waterfront
vista section of the Zoning Ordinance.
Commissioner Tenney moved to approve the Preliminary
Subdivision Plat/Townhouse Site Plan of Marina Del Rey to
include the background material as listed in the Agenda
Memorandum for Item 11 dated 8/2/79. Commissioner Nunamaker
seconded the motion. The dock plan was not approved but will
go through the normal review process. Upon the vote being
taken, motion carried unanimously.
Commissioner Tenney moved to approve the above request
and to instruct the City Attorney to prepare an amendment to the .
Beverage Zoning Ordinance. Commissioner DeBlaker seconded the mot~on
which carried unanimously,
Commission recessed for lunch at 11:30 a.m. and reconvened
at 12:30 p.m.
Public Hearings
ITEM H23 - A Public Hearing on Lot Clearing Violations,
114.
L'1s t.
. Complaints of lots. needing to be cleared have been in-
vestigated by the Sanitation Division and owners were notified
by certified mailto clear the property within 10 days or a
:' ':', ' . PlJ.blic ~earing would be held to authorize clearance.
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List W4 with 8 proporty owner~ who failed to clear their
property within the 10 days was ,presented.
City Inspector Gil Wyers stated the lots remaining to
be cleared constitute a menace ,to public health, safety and
welfare.
Commissioner DeBlaker moved to authorize clearance of
the properties in violation of Ordinance #1894, and billings
of the property owners for costs and/or administrative charges.
Commissioner Tenney seconded the motion. There were no objec-
tions. Motion carried unanimously.
The property is located on Canterbury Road approximately
100 feet south of Burnice Drive.
All requirements of the Zoning Ordinance can be met by
the proposed development for the property.
The Planning and Zoning Board and the Planning Director
recommend approval.
Commissioner Tenney moved to approve the Petition fQr
Annexation, establish.RS-75 zoning and Fire District HZ, and
that the required drainage and utitlity easement be dedicated
along the south property line and that the City Attorney be
instructed to include this in an ordinance. Commissioner
DeBlaker seconded the motion. The Planning Direct~rreported
a County building permit had been issued and the setbacks
will comply with City requirements, There were no citizens
to speak in objection. Motion carried unanimously.
ITEM #25 ~ Public Hearings on'Vacations:
South 3 feet of the North 5 feet of Utility
Easement, Lot 74, Countryside Tract S, 3270
Pine Haven Drive. - U,S. Home Corporation.
The builder constructed a home one foot within the
easement on the north side of this property with roof over-
hang two feet into the easement, and requests a vacation of
3 feet of an existing 5-foot easement.
a.
William Shane, surveyor representing U.S. Home Corpora-
tion, stated it was an absolute error made by the survey chief
and was not discovered until the house had been completed.
The City Engineer suggested negotiations be made with
the property owner to the north to acquire an additional
three feet.
Commissioner Moore moved to continue this item to the
next regularly scheduled Commission meeting of August 16,
1979, at 12:30 p.m. Commissioner Nunamaker seconded the motion.
,~here were no citizens to speak. Motion carried unanimoUSly.
b~ East/west alley in Block 17, Milton Park Sub-
division, 625 Pinel1as Street. - William
Nunamaker.
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The vacation request is for an alley lying between two
railroad tracks. City departments have no objection. The
request has beon reviewod.
Commissioner Tenney moved to approve vacation of the
east/west alley in Block 17. Milton Park Subdivision and to
instruct the City Attorney to include this in an ordinance.
Commissioner Moore seconded the motion. There were no citizens
to speak. Commissioner Nunamaker reported ~ conflict of interest.
(Attached hereunto for reference.) Motion carried unanimously,
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c. Five-foot utility easements on the South. side
c'f Lot 1, North side of Lot 2, East s ide of
Lots 1 and 2, West side of Lot S, Bl E Ouk Hills
Subdivision, 815 North Glenwood Avenue.-
Warren F. McClelland.
The developer of Oak Hills Subdivision platted 5-foot
easements along the rear and sides of all lots in the subdi-
vision. The lots were small and several builders built homes
on 2 or 3 lots and built over the platted easements.
The request has been reviewed by City departments and
no objections raised.
Commissioner Tenney moved to approve the vacation of
5-foot easements on the south and east sides of Lot 1, the
north and east sides of Lot 2, and the west side of Lot 5,
Oak Hills Subdivision, and that the City Attorney be instructed
to include this in an ordinance. Commissioner Nunamaker
seconded the motion. There were no citizens to speak in
objection. Motion carried unanimOUSly.
d. Alleys in Blocks 12 and 13, Belleair Subdi-
vision and that portion of Second Avenue now
known as Hamlet Avenue between south right-ofR
way at A Street and the westerly right-of-way
line of SCLRR. - B&P Ltd.
The property owner wants to develop a professional office
complex in Blocks 12 and 13. The north/south alley in Block
13 has a sanitary sewer line that will have to be retained
as a drainage and utility easement.
The vacation of Hamlet Avenue will eliminate a future
railroad crossing and allow the area to be developed in an
unrestricted manner.
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Departments have reviewed the vacations.
Note was made of a letter dated July 25, 1979, from
abutting property owners (owners of Condominium Villa III and
the Lakeview Professional Village), which stated that they
,would not accept the vacated. ar.ca as part of 'their. pronerty.
The City Attorney reported Florida s~atutes govern this action
and the Property Appraiser's Office will take the necessary
action.
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The City Manager read into the record, a portion of a
, letter dated May 16 J .1979, from The Family Lines System,
", . Freight Traffic Department, which stated they would recommend
: the spur track. within the area of the proposed vacation be
abandoned and removed.
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The City Engineer suggested modifying the vacation of
the north/south right-of-way eliminating a problem with the
condominium owner.
Commissioner Nunamaker moved to approve vocation of the
alleys in Blocks 12 and 13 subject to th~ north/south alley
in Block 13 being retained full-width as a drainage and
utility easement, and the vacation of the right-of-way of
Hamlet Avenue (2nd Avenue) lying between the south right-
of-way line of B Street and the south right-of-way line of
A Street less SCL~R ROW,subject to the. Railroad removing the
tracks on Hamlet Avenue and to-instruct the City. Attorney to
include this in an ordinance. Commissioner Moore seconded
the motion which carried unanimously.
ITEM #26 - Land Use Plan. See Page 19.
Commissioner DeBlaker moved to continue this item to
6 p.m., as advertised. Commissioner Nunamaker seconded the
motion which carried unanimously.
ITEM #27 - Citizens to be Heard re Items Not on the Agenda.
Jessie Dietz requested action on a recurring water
problem in front of her residence.
Also see page 21
Commission returned to City Manager Reports.
ITEM #13 - Additional Positions for the Parks and Recrea-
tion Department.
The Parks and Recreation Director requests an additional
Water Distribution Serviceman I for the Nursery Division to
install new and maintain old irrigation systems, an~ three
additional Maintenance Workers to meet increased maintenance
responsibilities which have been added to the Division's
work schedule during the past year.
Commissioner Nunamaker suggested some of the work be
subcontracted out, particularly seasonal work.
Commissioner Tenney moved to deny the request. Commis-
sioner Nunamaker seconded the motion. Upon the vote being
taken, Commissioners Tenney and Nunamaker voted "Aye"; Commis-
sioners DeBlaker and Moore and the Mayor voted "Nay." Motion
failed.
Commissioner DeBlaker moved to authorize four positions::
(1) one additional position in the Nursery Division and three
(3) additional positions in the Parks Division. Commissioner
Moore seconded the motion. Upon the .vote being taken, Commisw
sioners DeBlaker and Moore and the Mayor voted "Aye"; Commis-
sioners Nunamaker and Tenney voted "Nay." Motion carried.
ITEM "14 - Maintenance and Traffic Control Agreement -
Belcher Road.
This is a standard agreement designating Pinellas County
as the responsible party for road maintenance and the City
of Clearwater responsible for traffic control within the
.corporate limits along Belcher Road between Belleair Road
.. and State Road 580. ,.
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Commissioner Tenney moved to approve the agreement and
to authorize the appropriate officials to execute same.
Commissioner Moore seconded the motion which. carried unanimously.
IT8M *15 - Uniform Assessment Charges - Street Paving.
Increased construction costs for new street construction
require revi,sion of the assessment charge. City policy
requires abutting property owners to 9hnre the ~otal cost
of the project. '-
Four streets are recommended to be grandfathered in
with the present $15 a lineal foot assessment. These streets
are portions of Jasmine Way, Crest Avenue, Bay Lane and
Wilson Boulevard.
Commissioner Nunamaker moved to approve an increase in
the uniform assossmen~ charges for paving of unpaved rights-
of-way from $15 to $Z7 per front foot; and for paving streets
below City standards from $10 to $18 per front foot; and to
grandfather four streets under the $15 per front foot assess-
ment. Commissioner Moore seconded the motion. The City
Manager advised the Commission that they were setting new
policy to allow the City to pave City streets without requests
from the owners of the property, with an assessment program
to be established. .
Lois Cormier questioned the paving of Hamlet Avenue,
with Community Development Block Grant Funds in the proposed
program for 1980, 81 and 82. The City Manager reported the
City could be reimbursed from CDBG funds for hardsh~p cases.
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Upon the vote being taken, motion carried unanimously.
ITEM #16 - Retention Pond Excavation ~ Pierce and .Pros-
pect. Portion of Block A, Coachman Heights Subdivision.
The City advertised for bids for a retention pond and
8 excavation contractors were notified. Only 1 bid was re-
ceived, from Interbay Marine Construction, and the cost to
the City was $152,935. This cost is excessive and the bids
were rejected.
A written offer was received from C. E. Pierce Construc-
tion, Inc. To excavate the pond at no cost to the City. .
Commissioner Tenney moved to accept the written offer
of C. E. Pierce Construction, Inc. to excavate a retention
pond at no cost to the City of Clearwater and that the
appropriate officials be authorized to execute same. Commis-
sioner Nunamaker seconded the motion which carried unanimously.
ITEM #17 - Saturn Avenue Pump Station Mo.dification
Contract.- Lindy Bowen Construction Co. ~ $78,730.00.
This contract will modify the existing Station to a
submersible type pumping station and lower the structure to
a,near grade level to provide additional vehicu1aT safety,
a more pleasing aesthetic appearance and less maintenance.
Commissioner Tenney moved to award the Saturn Avenue Pump
Station Modification contract to Lindy Bowen Construction Co.
in the amount of $78,730.00, b~ing the lowest responsible and
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responsive bid in accordance with the plans and specifica~
tions, and to include a now force main, rerouting the sewage
flow from an existing inadequate small gravity sewer to a
much larger gravity sower, located in Palmetto Street at
'Gleenwood Avenue; and that the appropriate officials be
.authorized to execute same. Commissioner Nunamaker seconded
the motion which carried unanimously.
ITEM 1#18 -. Sludge Study Endorsement ~ Central Pinellas '
County 201 Facility Planning Study for the Pinellas/Countryside
Sludge Disposal Study. ., .
Commissioner Tenney moved to approve the letter of en-
dorsement to Pinellas County for the PinellasjCountryside
Sludge Disposal Study, with the qualification that the City
may continue liquid disposal of sltidge and dispospl within
the City, of sludge dried in solar drying beds'at the City
Pollution Control Facilities; excess sludge not processed
by the City would be processed by the Central Pinellas Sludge
Disposal Facility; and that the appropriate officials be
authorized to execute same. Commissioner DeBlaker seconded
the motion which carried unanimously.
#7, Marshall Street Pollution
Biltmore Construction Com an J
This change order incorporates into the contract documents
all changes which have occurred to the project by the issuance
of engineering orders to the contractor and claims by the
contactor for additional costs incurred.
Commissioner Tenney moved to approve Change Order #7 to
the Biltmore Construction Company contract, in the amount of
$51,452.0~ for a present contract amount of $7.045,247~43,
and to authorize the appropriate officials to execute same.
Commissioner Moore seconded the motion which carried unani-
mously.
ITEM 1#20 - Request of Mrs. Elaina Genna.
Mrs. Genna requests approval to place a statu~ in Coachman
Park for one day, August 12, 1979, from 9 a.m. to 9 p.m.
Commissioner Tenney moved to approve the request.
. Commissioner Moore seconded the motion which carried unani-
mously.
ITEM N21 - Advisory Boards.
a. Beautification Committee.
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Commissioner DeBlaker moved to appoint Bill Sapp to the
Beautification Committee. Commissioner Nunamaker seconded
the motion. which carried unanimously.
b. Library Board.
, Commissioner DeBlaker moved to appoint Lucile Williams
to the Library Board. Commissioner Nunamaker seconded the
. motion. which carried unanimously.
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ITEM HZZ - Vcrbal Rcports and Other Pending Matters.
The City had originally agreed to $30~OOO as a maximum
,share for construction of cn 102. Request has been received
from Northwood Estates for an additional third of the $70~OOO
which was required because of a large amount of muck found
under the roadbed where the road crossed the Lake Chautauqua
low area.
The Staff recommendation is to deny the request.
Harlan Merhige. representing Northwood Estates~ stated
the overage was the result of unforeseen conditions and his
recollection was that the three parties involved would split
the cost. one-third to each. At the Cityts recommendation~
changes were made to the road~ and he felt it was a moral
obligation of the City to pay an additional one-third share.
Commissioner Nunamaker moved to approve payment of
$23.333~ as a moral obligation for the development of County
Road 102. and that the appropriate officials be authorized
to execute same. Commissioner Moore seconded the motion
which carried unanimously.
Commission recessed from 2:25 to 2:40 p.m.
Florida League of Cities
The City Manager reported the Florida League of Cities
conference will be held in Kissimmee'. October 25 ~ 26 & 27 ~
1979. The item will be scheduled at the next meeting to
allow appointment of a voting delegate and alternate.
Wastewater Disposal.
The City Manager reported tests on the deep well injection
program have been reviewed by E.P.A. and they have terminated
the process. The two options available to the City are now
Gulf outfall. and advanced wastewater treatment/spray irri-
gation.
He reported the County might be interested in our test
well and use it to monitor where their effluent will be going.
City Attorney Reports
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The City Attorney presented Ordinance "1941 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The Ordinance was
read by title only. Co~issioner Nunamaker moved to pass
and.adopt Ordinance #1941 on second and final reading and
to au~horize the appropriate officials to execute same.
Commissioner Moore seconded the motion. Upon roll call the
vote was:,
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"Ayes":
DeBlaker. Moore. Nunamaker. Tenney and
LeCher.
!lNnys":
None.
The City Attorney presented Ordinance Hl954 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The Ordinance was
read by title only. Commissioner Nunamaker moved to pass
and adopt Ordinance #1954 on second and final reading and
to authorize the appropriate officials to execute same.
Commissioner DeBlaker seconded the motion. Upon roll call
the vote \'ias:
"Ayes":
DeBlaker, l-Ioore, Nunamaker, Tenney and
LeCher.
"Nays":
None.
ITEM #30 - Second Reading, Ordinance #1955 - Repealin~
Sections 15-1 through 15-19 of Chapter 15, Parks & Recreat1on.
The City Attorney presented Ordinance #1955 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The Ordinance was
read by title only. Commissioner Nunamaker moved to pass and
adopt Ordinance 01955 on second and final reading and to
authorize the appropriate officials to execute same. Commis-
sioner DeBlaker seconded the motion. Upon roll call the
vote was:
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Nays":
None.
ITEM #31 - Second Reading, Ordinance #1956 - .Amending
Section 23B-14 of Chapter 23D, Lot Clearing, to Clarify
Satisfaction of Lien.
The City Attorney presented Ordinance #1956 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The Ordinance was
read by title only. Commissioner DeBlaker moved to pass
and adopt Ordinance "1956 on second and final reading and to
authorize the appropriate officials to execute same. Commis-
sioner Nunamaker seconded the motion. Upon roll call the vote
was:
"Ayes!l:
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Nays":
None.
ITEM
Ordinance #1957 - Amending
Notices for
The. City Attorney presented Ordinance #1957 for second
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8/2/79.
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DeB1aker, Moore, Nunamokor, Tonnoy and
LeCher.
"Nays":
None.
ITEM
000
Commissioner Nunamaker moved to amend Ordinance 11964
to add the fOllowing paragraph to Section 2-15.1:
"Expense accounts submitted by each of the City
Commission members, with the exception of the
Mayor, pursuant to this section sha1lbc reviewed
by the Mayor and City Manager. Any expense account
submitted by the Mayor shall be reviewed by the
Vice-Mayor and City Manager."
Commissioner DeBlaker seconded the motion which carried unani-
mously.
Donald Sampson read into the record a letter of support
and presented a copy to the Clerk for the record.
Cecil Henderson replaced Max Battle at 3 p.m.
Catherine Stewart read into the record a statement from
the City of Clearwater Committee of the League of Women Voters
in opposition and presented a copy to the Clerk for the record.
Commissioner Nunamaker moved to add an additional sentence
to his prior amendment to Section 2-15.1, to read as follows:
1'Compensation for travel expenses only be given to a commissioner
for out of town incurred expenses,. subject to the criteria
and guidelines established for City employees." Commissioner
Moore seconded the motion. Upon the vote being taken, Commis-
sioners Nunamaker, Moore and Tenney and the Mayor voted
"Aye"; Commissioner DeBlaker voted "Nay." Motion carried.
The City Attorney presented Ordinance #1964, as amended,
for second reading and stated he would read by title only
unless there was a request to read in its entirety. The
Ordinance was read by title only. Commissioner Moore moved
to pass and adopt Ordinance #1964, as amended, on second
and final reading and to authorize the appropriate officials
to execute same. Commissioner Tenney seconded the motion.
Upon roll call the vote was:
"Ayesll:
Moore, Tenney and LeCher.
DeBlaker and Nunamaker.
"Nays":
Motion carried.
. . ITEM #36 - Second Reading, .Ordinancef196.5 .- Amending
Sectlon 13-6 of Code Relating to Licenses and Regulations .
to Set .Forth Criteria .for Issuance. of. Psychologist' Licens.cs..
.The City,Attorney presented Ordinance 11965 ior second
readlng and stated he would read by title only ules$ thete .
was a request to read in its entirety, The ordinance was
..read by title only.
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Professor Jay West, director of Nouveau Mind Science
Research Clinic in Clearwater, stated he was in support of
the ordinance but the wording was in contention. He requested
an amendment to exclude other areas in the field of psychology,
such as parapsychology, nuro~psychology, etc.
Joyce Parr stated she had a doctorate in psychology,
and spoke in support of the ordinance stating the laws do
not restrict research within an organization, but the re~
striction relates to the safety and protection of the public.
Eileen Joyner and Harold Smith spoke in support of the
ordinance.
Commissioner Nunamaker moved to amend Section 13-6 by
adding additional language in the form of a new pa~~raph,
as follows:
"As used herein, the practice of psychology shall
mean the rendering to individuals, groups, organi-
zations, or the public any service involving
application of principles, methods, and procedures
of understanding, predicting and influencing
behavior. Included are the principles pertaining
to learning, perception, motivation, thinking,
emotion and interpersonal relationships."
Commissioner Moore seconded the motion which carried unani-
mously.
Howard Groth suggested all applicants be required to
have a permanent Clearwater business address and such licenses
only be issued in professional services districts.
Joyce Anderson requested clarification of standards.
Professor West was advised to present his credentials
and they would be evaluated.
Commissioner Tenney moved to pass and adopt Ordinance
"1965, as amended, on second and final reading and to authorize
the appropriate officials to execute same. Commissioner
Moore seconded the motion. Upon roll call the vote was:
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney and
LeCher.
"Nays":
None.
Commission recessed from 4:30 until 4:42 p.m.
Commissioner Moore left the meeting at 4:42 p.m.
ITEM "37 - First Reading, Ordinance #1960 - Amending
Section 4~18 of Code Relatin~ to Alcoholic Bevera~es to Enact
New Zone 18D to permit the sale of beer for cO:nsumption on
premises, Block 2, ~tores 2C, 2D and 2, Gu1f-to-Bay Shopping
Plaza, 515 S. B~lche~Rd. (Portion of the NW 1/4 of the SWl14
of Section 18~29~16. Joseph P. Menolascino. .
Commissioner DeBlaker moved that Ordinance "1960 be read
.and.considered by title only on the first reading by the unani-
mous consent of the Commission. Motion was seconded by Commis~
sion~r Tenney. and" carried unanimously.
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Tho ordinance was road by titlo only. Commissioner
DeBlaker moved that Ordinance N1960 be passed on its first
reading. ~fotion was seconded by Commissioner Tenney. Upon
roll call tho vote was:
"Ayes":
DeBlaker, Nunamakor, Tenney and LeCher.
None.
"Nays":
Absent:
Moore.
Commissioner DeB1aker moved that Ordinance #1961 be
read and considered by title only on the first reading by
the unanimous consent of the Commission. Motion was seconded
by Commissioner Nunamaker and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #1961 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
Upon roll call the vote was:
"Ayes":
DeBlaker, Nunamaker, Tenney and LeCher.
None.
"Nays":
Absent:
Moore.
Commissioner DeBlaker moved that Ordinance #1962 be read
and considered by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded
by Commissioner Nunamaker and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #1962 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
Upon roll call the vote was:
"Ayes":
DeBlaker, Nunamaker, Tenney and LeCher.
None.
"Nays":
Absent:
Moore.
ITEM #40 - First Reading, Ordinance #1966 w Vacating
West 2 Feet of 7.S-Foot Easement on East Side of Lot 15,
Sun Tree Estates. 2059 Sun Tree Drive. P.H. 6/21/79 -
Donald Wetherington.
Commissioner DeB1aker moved that Ordinance #1966 be
read and considered by title only on the first reading by
the unanimous consent of the Commission. Motion was
seconded by Commissioner Nunamaker and carried unanimously.
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DeBlaker moved that Ordinance ~1966 be passed on. its first
reading. Motion was seconded by Cornrnisioner Nunamaker. Upon
roll call the vote was:
"Ayes":
DeBlakert Nunamaker, Tenney'and,LeCher.
None.
"Nays":
Absent:
Moore .'
Commissioner DeBlaker moved that Ordinance #1967 be read
and considered by title only on the first reading by the unanimous
consent of the Commission. Motion was seconded by Commissioner
Nunamaker and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #1967 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
Upon roll call the vote was:
"Ayes":
DeB1aker, Nunamaker, Tenney and LeCher.
None.
"Nays":
Absent:
Moore.
ITEM #42 - First Reading, Ordinance #1968 - Vacating
33-Foot Right-of-Way Easement on West Side of West 198.24
Feet o~ Lot 2, Clearwater Industrial Park RepIat. P.H.
6/21/79 - H.W. Young.
Commissioner DeBlaker moved that Ordinance #1968 be read
and considered by title only on the first reading by the unanimous
consent of the Commission. Motion was seconded by Commissioner
Nunamaker and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #1968 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
Upon roll call the vote was:
"Ayes":
DeBlaker, Nunamaker~ Tenney and LeCher.
None.
"Nays":
Absent:
Moore.
ITEM <<43 - First Reading~ Ordinance ~1985 - Amendin~
Section 126.2 of Traffic Code to Clarify Prodedure for Warn-
ing Letters and '~arrants of Arrest.
Commissioner DeBlaker moved that Ordinance #1985 be read
and considered by title oniy on the first reading by the unani-
mous consent of the Commission. ~rotion was seconded by Commis-
sioner Nunamaker and carried unanimously. .
The ordinance was read by title only. Commissioner
DeB1aker moved that Ordinance H1985 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
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Upon roll call the vote was:.
"Ayes":
"Nays It :
DeBlaker, Nunamaker, Tenney and LeCher.
None.
Absent:
Moore.
Commissioner DeBlaker moved to instruct the City Clerk
to advertise Ordinance #1970 for public hearing in accordance
with Chapter 166 of the Florida Statutes for City-initiated
rezoning. Commissioner Tenney seconded the motion which
carried unanimously.
Commissioner Tenney moved to pass and adopt Resolution
#79-65 and to authorize the appropriate officials to execute
same. Commissioner DeBlaker seconded the motion. Upon roll
call the vote was:
"Ayes":
DeBlaker, Nunamaker, Tenney and LeCher.
None.
"Nays":
Absent:
Moore.
ITEM 646 - Resolution #79-66 - Assessments for Lot
Clearing Charges.
Commissioner DeBlaker moved to pass and adopt Resolution
#79-66 and to authorize the appropriate officials to execute.
same. Commissioner Tenney seconded the motion. Upon Toll
call the vote was:
"Ayesll:
DeBlaker, Nunamaker, Tenney and LeCher.
"Naysll:
None.
Absent:
Moore.
This is the e~ghth year this note is to be renewed with
payment of $42,500 annually plus interest. Final payment
will be August 4, 1981.
.Commissioner DeBlaker moved to authorize execution of Bar-
Ilett.~,r Bank note in the amount of $85,000.00 and to authorize
the appropriate officials to execute same. Commissioner
Nunamaker seconded the motion which carried unanimously.
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Commissioner DeBlaker moved to approve Assignment of
Lease between tho City of Clearwater and Neil D. Knouse to
Allen R. Beach>> and to authori~e the appropriate officials
to execute sarno. Commissioner Tenney seconded.the motion
which carried unanimously.
ITEM * 4 9 -. Acceptance 0 f Eas emen t .
Tho City Attorney presented a drainage and utitlity
Basement in the SE 1/4 of Section 29-28~16, from Northwood
Estates, a Co-Partnership, CFS Service Corporation.
Commissioner DeBlaker moved to accept the easement and
to direct the City Clerk to record it in the Public Records
of Pinellas County, Florida. Motion was seconded by Commis-
sioner Nunamaker and carried unanimously.
ITEM #50 - Other Commission Action.
Commissioner Nunamaker requested the status of the
retroactive pay of the firemen.
He suggested reactivation of the firing range.
Commissioner Tenney suggested discontinuing air condi-
.tioning in City vehicles.
He also requested the City discuss with HUD, the purchase
of Mandalay Shores.
The Mayor reported Trinity Baptist Church wished to honor
the commissioners on September 7, 1979, at 7:30 p.m. at the
City Hall Annex.
The City Attorney presented a series of amendments to
Ordinance #1350 and requested the Commission authorize receipt
and referral.
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Commissioner DeBlaker moved to refer the Zoning Ordinance
Amendments to the Planning and Zoning Board for recommendation.
Commissioner Nunamaker seconded the motion which carried
unanimously.
ITEM #51 - The Commission recessed at 5:22 p.m. and met
as Trustees of the Employees' Pension Fund, with the Mayor
calling the meeting to order.
ITEM #52 - Trustees of the Employees' Pension Fund
Opinion by the City Attornef re Eligibility of
Eugerton and Davis for Pens~on Benefits.
In 1971, Daniel F. Davis and Robert Edgerton, who had
at that time completed approximately 13 years with the City,
were removed from the Firemen's pension plan because of
falsification of age records and entered into the Employees'
pension plan.
'.
By memo dated May 9>> 1979, the City Attorney stated
doc~ent~tio~ demonstrates each of the employees accepted
membersh~p: 1nto the General Plan and paid in funds so that
their contributions to the plan would be current as of 1962.
The employees 'and the City have made regular contributions
since that time.. The employees now. wish to make additiorial
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payments into the plan for the years between 1958 and 1962.
In his opinion each of the employees in question should be
considered as eligible for pension on a l6-year payment
schedule.
Gerald Weimer reported on the figures provided by Wyatt
Company, actuaries for the City's pension plan. The cost
to Edgerton would be $1,485; the cost to Davis, $1,460, to
cover the 4 1/2 year period. The City's contribution in each
case would be:' Edgerton, $21,715; and Davis, $29,540.
Rod Smith, attorney for the Firefighters, reviewed the
circumstances and reported the firemen did not agree to being
removed from the Supplemental Firemen's Pension Fund which'
is supported by payments from fire insurance premiums.
The firefighters should be compensated for their loss of
the Supplemental Pension by using their original date of
employment to calculate pension benefits.
Commissioner Nunamaker moved to grant full pension
program benefits and rights according to the pension program
figures over a 20-year period, and that the City deficit owed
to the pension fund be paid over a 4-year period of time
commencing next year. Commissioner Tenney seconded the motion
which carried unanimously.
Commission recessed from 6 to 6:20 E.m. Commissioner
Tenney left at that time and Chief Daniels was replaced by
Officer Dewey Williams.
David Healey, Planning Director, stated this was the
second of two required public hearings for the adoption
of the Land Use Element, which is a part of the Comprehensive
Plan. The Commission will be asked to adopt the plan and then
formal amendments will be drawn to allow the County Land
Use Plan to correspond with the City's plan.
The Land Use Map will be reprinted and has been revised
to show the flood zones, as requested by the Commission,
The following changes will also be incorporated:
1. The existing land use on the Exchange Bank property at
Gulf-to-Bay and Duncan will be reclassified Residential!
Office (R/O) zoning.
2. To designate the property at Duncan and Turner,
Commercial General (CG) and Residential/Office (RIO).
3. Extensions of scenic/noncommercial corridors along
Belcher and Belleair Roads:
He reported the area on U.S. 19 south of Countryside
would remain residential/office as the County will not agree
to a change to commercial or manufacturing.
. Bronson Thayer, chairman of the Downtown Development
BoaTd,requested the area west of Osceola be designated com~ercial.
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Commissioner Tenney returned at 6:40 p.m.
The Planning Director reported the area west of Osceola
was removed from the Downtown District at Commission request
and a resolution was adopted dedicating the area as parkland.
Norman Bie, Jr., representing property owners with
property between Pierce 100 and Haven House, stated
the Downtown Area is not economically viable and his property
is shown as recreation and open space land. He supports
tourist related activities for the bay front and requested
his property be considered part of the Downtown District.
The present zoning for the property is professional services (PS).
Anne Garris, a member of the Clearwater Beach Association,
presented a petition with 7 signatures from the residents
in the area of Cambria Street requesting a continuation of
multi-family residential zoning with no high-rises. Don
Simpson presented a petition with 8 signatures from the resi-
dential owners of property on Somerset Street requesting
residential zoning. The Planning Director reported the area
could be rezoned from RM-l6 to RM-28, depending on the density.
Commissioner DeBlaker noted that the County had refused
to change the designation of Cooper's Point on their Land
Use Plan and also had approved only a portion of our request
on Sand Key.
She requested the Ci ty ~farina facility on Clearwater
Beach be shown as green on the map as it is zoned public CP).
The City Manager reported the Marina is a commercial facility
to the extent that portions of it are rented. The Planning
Director reported that zoning should be accordi~g to use,
not ownership, and suggested a change in the zoni!lg code to
have several public (P) zones: (P-R) public-recreation;
(P-L) public-lease.
She suggested the 320 acres at the corner of McMullen-
Booth Road, which was purchased for landfill and a sewer plant,
be shown on the County land use map just as blue (public and
semi-public) City-owned property and not as recreation and
open space.
Commissioner DeBlaker moved to amend the Land Use Element
to show the North Beach area west of Mandalay between Avalon
and Somerset and north of Somerset as high density (brown),
the City Marina south of the leased building as recreation
and open space (green) and the area on the street as commercial
(red), the City-purchased frontage property on McMullen-Booth
Road as public and semi-public (blue) and the remainder to the
west as recreation and open space ~{green), and the two areas
in litigation remain as shown on the map until settlement.
Commissioner Nunamaker seconded the motion which carried
unanimously.
Commissioner Tenney moved to designate the Bie property
along the waterfront as residential/office. Commissioner
DeBlaker seconded the motion. Upon the vote being taken,
Commissioner DeBlaker and Tenney voted "Aye"; Commissioner
Nunamaker and the Mayor voted tlNay.ll Notion failed.
Commissioner Nunamaker moved to designate the ~ie property
.8S commercial. Motion failed as there was no second. Further
.. discussion ensued on vaTious designations. .
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Commissioner DeBlaker moved to designate the Bie property
as residential/office. Commissioner Tenney seconded the
motion. Upon the vote being taken, Commissioner.DeBlaker
and Tenney voted "Aye"; Commissioner Nunamaker and the
Mayor voted "Nay." Motion failed.
The property owner made various suggestions' on limiting
the height and Commission discussion ensued.
Commissioner DeBlaker moved to designate the Bie property
on Pierce Boulevard as residential/office. Commissioner
Nunamaker seconded the motion which carried unanimously.
Commissioner DeBlaker moved to approve preparation of
the ordinances in compliance with the amended Land Use
Element and transmittal to the proper agencies in adjoining
municipalities for comment. Commissioner Tenney seconded
the motion which carried unanimously.
ITEM H27 - Citizens to be Heard re Items Not on the
Agenda. (Continued.)
Lois Martin, president of the NAACP Clearwater Branch,
requested the Commission set guidelines for the operation
of the Clearwater Housing Authority and requested their inter-
vention into the current controversy. The Mayor read into
the record his reply to the NAACP letter dated July 29, 1979,
in which he stated the Clearwater Housing Authority was
established by State law which limits the City'S control .
of the Authority. The City does not have the authority to
recall the board who can only be removed from office because
of inefficiency, neglect of duty) or misconduct in office;
and at this time he did not feel there was adequate evidence
to take such steps. He requested if she had such evidence
to report same to the State Attorney's Office for investigation.
The meeting adjourned at 8:35 p.m
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Ci ty Clerk :..
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PlNAL .A,aENDA - Ci.~lUi.On ~leet1nl
!.m! .
1. P.l.d;. of All'aianco
Z. Invocation
3. Introduction. and Award.
4. Service Awards (g:30 4.m.)
S. City Commission mnut:es at Re;UlAr ~ICl.tini of
July 19, U7P
Citr Manaler Repor-tl
6. Consent Alenda
i
1. Bid: Conltruct Library Addition./Alteration. Pro.
j.ct . 2 b1ds, low bid. lHll1am.-Johnlon Con-
tt'tl.ctOU, Ene., ramp., ilL, $1,134,000
. Auau.t ,,1919 9:30
ACTrOH
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8. .L.S.A.A. Grant AppLication
Annexatlon ARr.ement. (Water Only):
a. )tU 4, Sec. 13.19.15 (Rothfhld)
b. N pt of M~B 4-3, Sec. 23-29-15 (Rothfield)
c. Lot 4, Headow Brook Place (Jones)
d. Lot 4, 2nd Add., Pine Oak Subdivision (Valley
Western Steer Parking Lot
Preliminary Subdivision Plat/Townhouse Sice Plan
of Marina Del Rey at Sand Key Unit 8, Sec.
19.,9-15 (Donaldson Home~ Inc.) .
Alcoholic Beverage Zoning, 1625 North Hig~land
Avenue. Godfather" Pizza
Additional Positions for Parks and Recreation Dept
Naintenance and Traffic Control A;reement
Uniform Assessment Charges . Street pavini
Retention Pond Excavation . Pierce a Prospect
Saturn Avenue Pump Sucion Hodification Contract
Sludge Study Endorsement . Cencral Pine lIas County
for the Pinel1as/Couneryside Sludge Disposal
Study
Chanao Order. f7. Project C1Z0405011) - ),Iarshall
Street Pollution Coperol Facility Expansion,
+ SSl,.JSZ.OI
Request of Mrs. Elalna Genna
Appointment of AdvisoT'Y Board ~lembers
a. Beautification Committee
b. LibraTY Board
Verbal Repores and Other Pending Matters
C. R. 10Z (Enterprise Road) Across Tract "J" -
Northwood Estates
Public Hearings 12:30 p.m.
Lot Clearing Violations - List '4
Request for Annexation ~ Portions of Lots 7 a 8,
Canterbury Heig~ts Subdivision (Wilson)
Vacation Requests:
a. U. S. Home Corporation
b. William Nunamaker
c. ltarren F. HcClelland
d. B & P Ltd.
Public Hearing 6:QO p.m.
Proposal to Regulate the Use of All Lands Within
the Corporate ~[unicipal Boundries of the City
of Clearwater
Clti:ens :0 Be Heard ro Items ~ot on the Agenda
'\
Chief Daniols.
Rov. David Dissen-1st
Nono.
6 pins awarded r'
Approved.
6. Accepted'.
. 1.
2.
3.
4.
s.
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Lutheran
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7. Alia rd con t roc t os recommended.
8. n 79-64 ndopted.
9. a. Approved.
b. Approved.
c. Approved.
d. Approved.
10. Authorited 6 additional spaces only. .,
11. Approved conditionally.
12. Approved.
13. Approved.
14. Approved.
15. Approved conditionally.
16. Accept offer of C.E. Pierce Construc~.
tion,Inc - No cost to City.
17. Awarded contract $78,730 ~ Lindy
Construction.
18. Approved letter of endorsement.
19. Approved.
20. Approved.
21. a. Bill Sapp.
b. Lucile Williams.
22. a. Approved payment $23)333 for
development CR 102.
b. Florida League of Cities Meeting
in Kissimmee, Oct. 25,26,27, 1979.
c. E.P.A. has decided against
deep well injection for Clearwater.
23. Authorized clearing and billing.
24. Approved.
25. a. Continued to 8/16/79.
b. Approved.
c. Approved.
d. Approved conditionally.
26. Adopted as amended.
27. Jessie Dietz discussed drainage
problem at her home,
Lois Martin requested Commission
consider action to remove CHA Board.
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City Attorn.y aeport.
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28. Second a.adina - Ordinance '1941 - Amendinl Zonina
Atla. of City (Curl. - Clty initiated . P.H.
./19/79) ...
29. Second aeadinl - Ordinance '1954 . alp.allna Sec.
4-17 of Chip. 4. Alcoholic Bevlrlae.. 4 Repea1in
Sec. 1~-4 4 14-32 of Chap. 14..0ffen.e. 4
Milc.l~ln'oul Provi,ion'
30. Second R'ldina - Ordinance '1955 - R.peallna Sec.
15-1 thr~ 15-19 of Chapter IS! Park.4Recreation
31. Second a.a~lnl - Ordinance '1950 - Amlndlnr See,
23B-14 of Chap. 23B~ Lot Clearina. to Clarify
Sati.faction of Lien
32. Second aladina - Ordinance 11957 - Amendina Chap.
8. Sl.ction.. to Clarify Publication of Notices
of All General 4 Splcial Sleet ions
33. Second Readina - Ordinance 119s! - Amendina Chap.
13. Licen.e. 4 Reaulation.. to Provide Additiona
Definitions 4 Set Out Criteria for Revocation
34. Second ReadinK - Ordinance 11959 - astabllshlni
Rules and Resulations Necessary to Operation of
Communlty Relations Code (Chap. 7B)
35. Second Readini - Ordinance 11964 - Amending Chap.
2 of Code to Increase Compensation of Hayor to
$12.000 4 Commissioners to $10.000
36. Second Reading - Ordinance 11965 - Amending Sec.
13.6 of Gode Relatins to Licenses and Regulation
to Set_Forth Criteria for Issuance of Psycholo-
gist License
37. First Readina - Ordinance 11960 - Amending Sec.
4-l8 of Code relating to Alcoholic Beverages
to Enact New Zone 180 (~Ienalascino - Gulf-to-
. Bay Plau)
38. First Reading - Ordinance 11961 - Amending Sec.
4-l8 of Code relating to Alcoholic Beverages
to Enact New Zone 21J (Buxman - 2558 Sunset
Point Road)
39. First Reading - Ordinance 11962 - Vacating 53ft.
of 10 ft. Utility Easement (Hankis - Countryside
Estates Tract B - P.H. 5117/79) .
40. First Reading - Ordinance 11966 - Vacating W Z ft.
of Easement - Sun Tree Estates (Wetherington .
P.H. 6/21/79) .
41. First Readina -~rdinance 11967 - Vacatin2 Right-
Of-Way Easement - Clearwater Industrial Park
Replat ( City- P.H. 6/21/79)
42.. Firs tReading - Ordinance 11968 - Vacating Ri ght-
of-Way Easement-Clearwater Industrial Park
Replat (Young-P.H. 6/21/79)
43. First Reading - Ordinance 11985 - Amending Sec.
126.2 of Traffic Code to Clarify Procedure for
Warning Letters 6 Warrants of Arrest
44. For Direction - Ordinance' 1970 - Amending Zoning
Atlas of City (City - P.H. 5/17/79)
45. Resolution - AssessJllent for Demol! tion of Hinimum
HOUSing - 918 Palmetto (Turner)
46. Resolution - Assessment for Lot Clearing Charges
47. AuthoriZing Execution of Note to Barnett Bank -
Funding TransferStation Installation
48. Authorizing Ass ignment of Lease . Room 6, Harina
Buildin2
49. Acceptance of Easement
50. Other Commission Action
51. Adjournment
5Z. Trustees of the Employees' Pension Fund
Opinion by the City Attorney re eleigibility of
Edierton and Davis for Pension Benefits
53. Adjournment
,~ .
1979 9:30 a.m.
ACTION .
."
28. Ord. '1941 Adopte~f.
29. Ord. H1954 Adopted:
30. Ord. #1955 Adopted.
31. Ord. *1956 Adopted.
32. Ord. H1957 Adopted ,as
33. Ord. 1/1958 Adopted.
34. Ord. #1959 Adopted as
amonded,.
amended.
35. Ord. #1964 Adopted as amended.
36. Ord. #1965 Adopted as amended.
37. Ord. #1960 passed 1st reading.
38. Ord. #1961 passed 1st reading.
39. Ord. #1962 passed 1st reading.
40. Ord. #1966 passed 1st reading.
41. Ord. #1967 passed 1st reading.
42. Ord. #1968 passed 1st reading.
43. Ord. #1985 passed 1st reading.
44. Ord. #1970 Advertise 9/20/79.
45. R 79-65 Adopted.
46. R 79-66 Adopted.
47. Approved $85,000 Note.
48. Approved assignment to Allen R.
Beach.
49. Accepted drainage and utility
easement in Dortion of Sec. 29-28-16
from Northwood Estates.
50. Other Commission Action
Nunamaker
1. Status of back pay for Firemen.
2. Reactivate firing range.
Tenney
1. Discontinue air conditioning in
City cars.
2. Check with HUD - purchase of
Manda1ay Shores by City.
Mayor
1. Trinity Baptist Church to honor
Commissioners at City Hall Annex
Sept. 7, 1979.
DeBlaker
1. Moved to refer Zoning Ordinance
amendments to P&Z Board for
recommendation.
51. Adjourned 5:22
52. Granted full benefits to Edgerton.
and Davis.
..53. Recess 6:00 p.m. - Reconvened 6:20
.Item 26 - Public Hearing
.Adjou~ned 8:35 p.m.
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August 2, 1979
>FINAL
CONSENT AGENDA
"'.;.
Change Order #1 and Final
decrease $1,497.50
Turner Street Outfall
'::
~ . .
Requests .for Annexation (for referral):
....Lot 13, Pine~Dell Subdivision
b~ Lot 6, Block B, Douglas Manor
(Marty)
(Craddock)
Lake Subdivision
Community Impact Statement
Tract 3 Countryside (U.S. Homes)
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