07/03/1980
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CITY COMMISSION MBETING
JULY 3, 1980
. The City Commission of the City of Clearwater met
in regular session at City Hall, Thursday, July 3, 1980
at 6:00 p.m. with the following members present:
Charles F. LeCher
William Nunamaker
-Richard E. Tenney
Marvin Moore
Rita Garvey
Mayor/Commissioner .
Vice"Mayor/Commissioner
Commissioner
Commissioner
Commissioner
~ Commissioner Tenney arrived at 6:10 p.m.
Also present were:
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Anthony L. Shoemaker
Thomas A. Bustin
Cecil Henderson
City Manager
City Attorney
Assistant Director of
Public Works
Planning Director
Acting Police Chief
City Clerk
David P. Healey
William McClamma
Lucille Williams
The Mayor called the meeting to order. The Pledge
of Allegiance was led by Acting Police Chief William
McC1amma. The invocation was given by Rabbi Peter J.
Mehler representing the Congregation Beth Shalom.
ITEM #3 - Introductions and Awards.
None.
ITEM #4 - Service Pin Awards.
Service pins were awarded to two (2) City employees.
ITEM #5 - Minutes~
Commissioner Garvey moved to approve the minutes
of the regular meeting of June 19, 1980, as recorded
and as submitted in written summation by the Clerk to
each Commissioner. Motion was seconded by Commissioner
Moore and carried ,unanimously.
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to RS-60 (Sin'gla Fami1y"Residentia1) Lots 1-14,
Bll Ai LO~5 1-& and b 2~ It. Lot 9, Blk B;
Lots 1-16 Blk C' Lots 1-28 BIk D' Unit I;
Lots l7-24t Blk Ai Lots ll-la.Blk " Tract A
and Lots 1 -28 B k a; Lots 1-28 81 F; Lots
1-14 8Ik G; UnIt 2; Lots 25-286 hlk A; Lots
19-21. Blk. a; Lots l5-2~ Blk ; Lots 1-14
Blk H' Unit 3; Lots 29-31 and Lot 55, Blk A;
Lots ~2 2 23, Blk B; Lots 15-28~ Blk. H, Lots
1-14, 81 I; Unit 4' and Lots 3 -54, Bl A;
Lots l5-28~ Blk I; 6nit 5. Multiple owners-
City Z80-2 .
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Ordinance Test
for recei t
.1 ' Article XXXIV ,Sec':.34'.Ol, 1 a, and, b':J aornrnu~ity
mpact StatementsJ an rt~cle XXXV. Sec. 35.07(2)J
Procedure for Amending Zon~ng OrainanceJ to
Provide a One Million Dollar Threshold for
Requiring a Community Impact Statement (City).
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6-f St Petersburg Bank and Trust Company, Clearwater
Beach Branch Bank - Lots 9-17 ana Lot 23, Block J,
Boulevard Heights, St. Petersburg Bank and Trust Co.
.1 Approve Community Impact Statement with the
supplemental addendums addressing marketin~J
architectural compatibilitYJ and natural envi-
ronmen t .
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.2 Approve Preliminary Site Plan subject to
dedication of 40 ft. additional right-of-way
at the intersection of Gulf-to-Bay Blvd and
Court StreetJ Appropriate utility easements be
granted, and building permit be issued within
six months from approval date and total project
be completed within two (2) years.
Menna Motel 2nd Motel Unit - Eastern ,pot.tion',of
M&B 15 and Western portion of M&B 15-3 of the
SE~ of the NE~ of Section 17-29-16. Menna Family
Developers.
.1 Approve the Community Impact Statentent.
.2 Approve the Preliminary Site Plan subject to
approval of the elevated sand filter sewage
treatment system and connection to City system
by D.E.R.,dedication of lO.ft. additional
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.' right-of-way , along Gulf-to-Bay as shown on plan,
",,: and building permit to be issued within six months
,:;' " '.' ...., from approval date and total project completed
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6-h Bids:
Award contracts to lowest responsive and
responsible bid in accordance with plans and
specifications:
.1 - Bdco Construction
.2 Boulevard
onstruction,
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.3 One (1) :1,1980 Clark Bobcat Model 825 Skid Loader,-
Phil Reed Equipment Company, Brandon, $19,959.00.
Commissioner Moore moved to approve the Consent Agenda
as presented and the appropriate officials be authorized to
execute same. Commissioner Nunamaker seconded the motion
which carried unanimously.
ITEM #7 - Appointment of Advisory Board Members:
a. Planning and Zoning Board.
Commissioner Tenney moved to appoint Duane Zussy to the
Planning and Zoning Board. Commissioner Moore seconded the
motion. Upon the vote being taken, Commissioners Tenney, Moore,
and the Mayor voted "Aye"; Commissioners Garvey and Nunamaker
voted "Nay". Motion carried.
b. Central Pinellas Transit Authority.
Commissioner Nunamaker moved to appoint Commissioner
Garvey to the Central Pinellas Transit Authority. Commissioner
Moore seconded the motion which carried unanimously.
ITEM 88 - Neighborhood Housing Service Contract - Amendment.
The NHS has requested an amendment to its revolving loan
fund contract with the City to increase the maximum loan from
$12,000 to $16,000 and to increase the maximum amount of non-
code required repairs from $3,000 to $4,000. The increase in
maximum loan limits reflects the impact of recent inflation and
a concern to provide sufficient funds for completion of all
required work. The requested increase in non-code required
repairs however does not conform to federal guidelines.
John Gilbert, Director of NHS, stated the non-code repair
funds can be used for anything that would be fixed or attached
to the permanent structure and also includes labor and materials
that will become a part of the property, such as a driveway,
paint or a fence; but it does not include costs of 1andscaping.
He further stated the homeowners are encouraged to do rehab-
ilitation work, if they are qualified.
Commissioner Garvey moved to approve the amendment to
increase the maximum loan to $16,000 but to continue the non-
code 'required repairs at $3,000,and the appropriate officials
.be authorized to execute same. Commissioner Nunamaker seconded
the motion which carried unanimously. .
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A parking problem still exists at this location, Com~
missioner Tenney moved to continue this item to the next
regular Commission meeting of July 17, 1980. Commissioner
Garvey se~onded the motion which 7arried unanimously.
ITEM '10 ~ Variance Request - Walker.
A request has been received for a variance from the City
Code of Ordinances Section 6-10 to allow para~sailing in an
area west of North Gulfview Boulevard.
Charles Walker stated he was presently operating at St.
Petersburg Beach and presented photographs. The Commissioners
expressed concerns for the safety of swimmers and bathers in
the area.
Bill Burchfield, Harbor Master, spoke in opposition as
the area proposed is heavily trafficked by the elderly.
Commissioner Nunamaker moved to approve a three (3) month
trial period on the bay side of the public beach on Sand Key
and requested the City Manager prepare an agreement and the
appropriate officials be authorized to execute same. Com-
missioner Moore seconded the motion which carried unanimously,
ITEM #11 - Other Pending Matters.
a. Bid: Contract for Double Surface Treatment of
Causeway Emergency Access Road
Commissioner Tenney moved to approve the award of a con-
tract to Campbell Paving Company in the amount of $6,512.00
for the double surface treatment of 8800 square yards for the
causeway emergency access road as permitted under Code Section
15a-10 (1) and the appropriate officials be authorized to
execute same. Commissioner Moore seconded the motion which
carried unanimously.
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ITEM 1#12 - Verbal Reports.
The City Manager reported a request from the Beach Civic
Association to remove or fill the old swimming pool across the
street from the fire station. He reported the pool is beyond
repair and recommended it be filled. By unanimous consent the
Commission agreed.
Commission proceeded to City Attorney Reports.
ITEM #18 - Second Readin~, Ordinance #2105 - Amending
Zoning Code to Provide Re-Def1nition of Term "Lot Coverage."
The City Attorney presented Ordinance #2105 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 Tenney moved to pass and adopt
Ordinance #2105 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:
lIAyes": Garvey, Moore, Nunama~er, Tenney and LeCher.
"Nays": None.
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The City Attorney presented Ordinance *2126 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 Tenney moved to pas's and adopt .,
Ordinance N2126 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": Garvey, Moore, Nunamaker, Tenney and LeCher.
"N ays" : None.
The City Attorney presented Ordinance H2141 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 Tenney moved to pass and adopt
Ordinance H2141 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": Garvey, Moore, Nunamaker, Tenney and LeCher.'
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"Nays": None.
ITEM H21 - Second Reading - Ordinance H2142 - Amending
Section 22.122 to Provide Charges for Addlt10nal Wreckers
for Towing Purposes.
The City Attorney presented Ordinance H2142 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 Tenney moved to pass and adopt
,Ordinance H2142 on second and final reading and to authorize
Q the appropriate officials to execute same. Commissioner
Moore seconded the motion. .Upon roll call the vote was:
"Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays": None.
ITEM #22 - First Readingr Ordinance H2136 ~ Annexing
Lot 72. Clearwater Manor SubdJ.vision. F.Gessler - P.H. 5/15/80.
Commissioner Moore moved that Ordinances H2136 thru 2153,
Items 22 thru 31, be read and considered by title only on the
first reading by the unanimous consent of the Commission.
Motion was seconded by Commissioner Tenney and carried
unanimously.
The ordinance was read by title only. Commissioner
'Tenney moved that Ordinance H2136 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
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"Ayes": Garvey, Moore, ,Nunamaker, Tenney and LeCher.
"Nays I': ': None.
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ITEM '23 - First Reading, Ordinance '2137 - Zoning
. Property Annexed in Ordinance W2136.
The ordinance was read by title only. Commissioner
Tenney moved that Ordinance *2137 be passed on its first
reading. Motion was seconded by Commissioner Moore. . Upon
roll call the vote was:
"Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays" : None.
The ordinance was read by title only. Commissioner
Tenney moved that Ordinance #2143 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
"Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays": None.
ITEM #25 - First Reading, Ordinance #2145 - Vacating
Easement in 2nd Addn. to McVei h Sub. Block H ..L t 7
ln - P.H. 6/5/80.
The ordinance was read by title only. Commissio~er
Tenney moved that Ordinance #2145 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
"Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays": None.
The ordinance was read by title only. Commissioner
Tenney moved that Ordinance #2146 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
"Ayes": Garvey, Moore, Nunamaker,and LeCher.
"Nays": Tenney.
Motion carried.
/80.
The ordinance was read' by title only. Commissioner
Tenney moved that Ordinance H2l47 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
ItAyes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays":" None.
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The ordinance was read by title only. Commissioner
Garvey moved that Ordinance *2150 be passed on its first
reading. Motion was seconded by Commissioner Nunamaker.
Upon roll call the vote was:
IIAyesll: Garvey, Moore, Nunamaker and LeCher.
"Naysll: Tenney.
Motion carried.
ITEM #29 - First Reading, Ordinance #2151 - Amending
Chapter 2, Administration, to Enact New Article VIII, '
Settlements & Small Claims to Establish a Settlement Review
and Small Claims Committee.
The ordinance was read by title only. Commissioner
Tenney moved that Ordinance #2151 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
"Ayesll: Garvey, Moore, Nunamaker, Tenney and LeCher.
IINays": None.
ITEM #30 - First Reading, Ordinance #2152 - Amending
~ter 23B, Lot Clearingr to Provide for Personal Service
c;r-Fosting of Notice of Violation and Hearing when Returned
Undelivered by Postal Authorities.
The ordinance was read by title only. Commissioner
Nunamaker moved that Ordinance #2152 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
"Ayesll: Garvey, Moore, Nunamaker and LeCher.
IINays": Tenney.
Motion carried.
ITEM #31 - First Reading, Ord, #2153 - Amending Chapter
4, Alcoholic Bevera~es to Provide Regulations to Govern
Consumption of Alco olic Beverages at Places other than
Licensed Premises.
The ordinance was read by title only. Commissioner
Tenney moved that Ordinance #2153 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
roll call the vote was:
IIAyes": Garvey, Moore, Nunamaker, Tenney and LeCher.
IINays": None.
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Commissioner Tenney moved to continue this item to
later in the meeting. Commissioner Nunamaker seconded the
motion which carried unanimously. (See page 12.)
ITEM 133 - Resolution '80-76, Requesting Governor to
Veto Certain Legislation Relating to Cable TV. ,
Commissioner Moore moved to pass and adopt Resolution
#80-76 and to authorize the appropriate officials to execute
same. Commissioner Garvey seconded the motion. Upon roll
call the vote was:
"Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays": None.
ITEM #34 - Acceptance of Deeds, Easements and Restrictions.
The City Attorney presented the fOllowing instruments:
Temporary easements for construction:
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From J.
Eot):~2 3,
From'J.
Lot 22,
Murray -
Block, D'
Berutii:.h
Block D
South 10 feet of the North 25 feet
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- South 10 feet of the North 25 feet
Easements for Drainage:
From J. Murray - North 15 feet Lot 23, Block D
From J. Berutich - North 15 feet Lot 22, Block D all
in Pinebrook Subdivision, Unit II, Section 10-29-15.
Gas Line Easements:
From Christian Service Center, Inc. - East 5 feet of
, Lot 19, Block 36
From William Adamosky - East 5 feet of Lot 18, Block 36
all in Newport Unit I, Section 31-29-16
From Donald Peterson - South 5 feet, Lot 146, Wilcox Manor
Subdivision, Section: ,8 ~ 30-15.
Utilities and Drainage Easement:
From Teakwood Village Sales, Inc. - Portion of Block E,
Edenville Subdivision, Section 18-29-16.
Commissioner Tenney moved to accept the above instruments
and to direct the City Clerk to record same in the Public Records
of Pinellas County, Florida. Motion was seconded by Commissioner
Moore and carried unanimously.
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ITEM N35 - Other Commission Action
Commission discussed a pay raise for the City Manager.
Commissioner Moore moved to approve an 81' salary
increase for the City Manager. Commissioner Tenney seconded
the motion. Upon the vote being taken Commissioners Tenney,
Moore and the Mayor voted "Aye": Commissioners Nunamaker and
Garvey voted "Nay". Motion carried.
By unanimous consent the Commission agreed to consider
a salary increase for the City Attorney at the next Work Session.
Meeting recessed from 7:25 to 7:40 p.m.
Public Hearings
ITEM '13 - A Public Hearing on Lot Clearing Violations,
List tl80-3.
Complaints of lots needing to be cleared have been in-
vestigated by the Sanitation Division and owners were notified
by certified mail to clear the property within 10 days or a
public hearing would be held to authorize clearance.
List #80-3 with 4 property owners who failed to clear
their property within the 10 days was presented.
City Inspector Gilbert Wyers stated the lots rema1n1ng
to be cleared constituted a menace to public health, safety
and welfare.
Commissioner Tenney moved to authorize clearance of the
properties in violation of Ordinance #1894, and billings of
the property owners for costs and/or administrative charges
and the appropriate officials be authorized to execute same.
Commissioner Moore seconded the motion. There were no
objections. Motion carried unanimously.
Part of
es.
The applicant requested variances to permit design of
off-street parking lot which fails to meet Traffic Engineering
Department standards for spaces, drives and accesses. The
property is located north of Drew Street. beitween MA'in()Avenue
and Starcrest Drive and is zoned CG (General Business). The
applicant is appealing the decision of the Board of Adjust-
ment and Appeal on Zoning which denied the request on June 12,
1980.
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Joe Grammatico, representing the applicant, stated he
is the owner of the property to the east and plans for the
future may include a common driveway. Due to the configuration
of ,the property, widening the drive would require the building
be too narrow and impr.actical to build. The proposed front
location will allow more exposure to passing traffic.
Keith Crawford,' Traffic Engineer, stated 14 spaces are
required and recommends the building be placed to the rear of
,the lot or substantially reduced.
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The Planning Director recommended a subdivision plat
be submitted for approval as there have been three divisions
of this property.
Commissioner Nunamaker moved to continue this item to
the regular Commission Meeting of August 7, 1980 at 7:30
p.m. Commissioner Moore seconded the motion which carried
unanimously.
ITBM '15 ~ A Public Hearing on Petition for Annexation
of Lot 38 Del Oro Gardens, Section 9-29-16, 3130 San Bernadino
Street, Eden Development Corporation. Annex 80-9.
The property is located north of and abutting San
Bernadino Street, east of McMullen Booth Road and west of
Madera Avenue. It contains .17 acre MOL, is currently vacant
and a single family residence is planned.
Commissioner Moore moved to approve the request with
RS~50 (single-family residential) zoning and Fire District HZ
and the City Attorney directed to prepare an Ordinance. Com-
missioner Tenney seconded the motion. There were no citizens
to speak. Motion carried unanimously.
ITEM #16 - Public Hearings of Requests for Vacations.
a.
Vacations of other easements, in this block were approved
in February, 1980. City Departments concerned with vacations
have expressed no objections.
Commissioner Tenney moved to approve the requested vacations
and the City Attorney be instructed to prepare an ordinance.
Commissioner Moore seconded the motion. There were no citizens
to speak. Motion carried unanimously.
b. Right-of-Way Easement on that Part of Fourth
Avenue and the Westerly 94 Feet of IIBlt Street
being within the limits of the City of Clearwater.
- Javier Ruiz.
The rights:;.of.rway:t are currently used by City Sanitation
trucks and other service vehicles. City gas and water lines
dead-end on "B" Street and extending these lines to e1iminate
the dead-end would be limited if the rights-of-way are vacated
and the recommendation is to deny the request.
Russ Rogers, representing the applicant, stated the planned
medical office will be in Block 25, and the vacated area would
, be used for additional parking for the planned medical development.
Morton Plant Hospital. is expanding on the property to the north,
and the surrounding area south and west is a golf course.
Commissioner Nunamaker moved to continue this item until
the regular meeting of July 17, 1980 at 7:30 p.m. to allow the
applicant to work on a compromise agreement with various City
departments. Commissioner Garvey seconded the motion which
carried unanimously.
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The cul-de-sac aren has never been paved and is no long~r'
needed as Sunnydale Boulevard has been paved approximately 270
feet to the east.
Commissioner Moore moved to approve the vacation of the'
cul-de-sac area on Sunnydale Boulevard and the City Attorney
be instructed to include this in an ordinance. Commissioner
Tenney seconded the motion. Ronald Nisk. an abutting property
owner, spoke in support and a letter of approval was noted from
Knight Dental Studio, Inc. Upon the vote being taken, motion
carried unanimously.
ITEM "17 - Citizens to be Heard re Items Not on the Agenda.
Charles Finton discussed the agenda outline and sugges:ted:
a more narrative form be used.
Commissioner Nunamaker moved to continue this item 'to
the next regular meeting of July 17, 1980. Commissioner Moore
seconded the motion which carried unanimously.
ITEM #36 - Meeting adjourned at 8:35 p.m.
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,. page 2
A~ION. AGEND~ CITY CO,MMISSION MEETING · ~y 3.
ITEM
-
1980 6:00 P.M.
ACTION
.
. ,
.~ ..
Public Hearings (7:30 P.M.)
Lot Clearing Violations - List ~SO-3
Zoning Appeal - Ales
Petition for Annexation of L 38. Oel Oro Gdns..
Sec. 9-29S-16E (Eden Dlv. Corp.) Annex SO-9
Vacation Requests:
a. 80-7 City of Clearwater
b. 80-S Javier Ruiz
c. 80-9 City of Clearwater
17. Citizens to be Heard re Items Not on the Agenda
13.
14.
.15.
16.
City Attorney Reports
18. Second Reading - Ord. 12105 - Amending Zoning
Code to Provide Re-Definition of Tenn flLot
Coveragefl .
19. Second Reading ~ Ord. #2126 ~ Amending Article
XXXV or Zoning Ordinance relating to Admin-
istration and Enforcement .
20. Second Reading - Ord. #2141 - Amending Article
r1 of Chapte~ 13, Licenses & Regulations
to Clarify Definition of Secondhand Dealer
21. Second Reading - Ord. i214~ - Amending Sec.
22-12Z to Provide Charges for Additional
Wreckers for Towing Purposes
22. First Reading - Ord. ,2136 - Annexing Lot 72,
Clearwater'Manor Sub. (Gessler - P.H.5/1S{80
23. First Reading.. Ord. ~2137 - Zoning Property
Annexed in Ord. 12126
24. First Reading. Ord. 12143 - Amend. Sec. 4-18 0
Code Re to Alcoholic Bev. to Repeal Zone 110
& Enact New Zone 17B(Ooves - Harbor Square)
App. 6/5/80
25: First Reading - Ord. ,2145 - Vacating Utility
Easement 1 n 2nd Add,. to McVei gh Sub.
(Burger King - P.H. 6/5/80)
26. First Reading _ Ord. 12146 - Amending Ord. gZOl
to Change Land Use Des. (LUP 80-41 Hogan)
27,. First Reading.. Ord. f/2147 . Amending Zoning
Atlas of City (PH 6/5/80 - Hogan)
2EL First Reading - drd. 12150 - Amending Chapter 7
Build. to Increase Filing Fees for Appeals
to City Manager & City Commission for Temp.
Waiver Of Sidewalk Ri~Yirement
2~. First Read1ng - Ord. ,2 51 - Amending Chap. Z,
Administration, to Enact New Article VIII,
Settlements & Small Claims to Establish a
Settlement Review & !mall Claims Committee._
30. First Reading - Ord. #2152 - Amending Chapter
238, Lot Clearing, to Provide for Personal
Service or Posting of Notice of Vi~lation an
Hearing when Returned Undelivered by Postal
Authorities
31. First Reading - Ord. 12153 - Amending Chapter 4,
Alcoholic Bev. to Provide Regulations-to
Govern Consumption of Alcoholic Beverages at
Places other than Licensed Premises
32. (Continued) Resolution - Authorizing City Attor
ney to Bring Action for Removal of Encroach-
.. ment within City's Qrainage Easement
33~'Resolution - Requesting Governor to Veto Certai
. Legi~lation Relating to Cable TV :
34. Acceptance.of Easements
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13. Authorized clearing' of lots and
billing of property owners
14. Continued to 8/7/80.
15. Approved RS-50 and Fire District
N2. .'
16. a. Approved. '
b. Continued to 7/17/80.
c. Approved.
17. Charles Finton -revise agenda.
18. Adopted
19. Adopted
20. Adopted
21. Adopted
22. Passed 1st Reading
23. Passed 1st Reading
24. Passed 1st Reading
25. Passed 1st Reading
26. Passed 1st Reading
27. Passed 1st Reading
28. Passed. 1st Reading
29. Passed 1st Reading
30. Passed 1st Reading
31. Passed 1st Reading
32. Continued to 7/17/80.
33. Resolution 80-76 adopted.
34. Accepted 8 easements
35. Approved 81% salary increase for.
City Manager. ,Will consider
increase for City Attorney at
next work session.
36. 8:35 P.M.