03/20/1972
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CITY COMMISSION MEETI~G
[1a rc h 20, 197 2
The City Commission of the City of Cloarwater met in ranular sossion at'
the city Hall. 110nday, I-larch 20th, 1972, at 1:30 P.U., with the fOllowing member's
present:
H. Everett Hounen
Donald S. Williams
Richard D. Wachtlor
Josoph Carwiae
Rick Hall '
Mayor-Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Also present wore:
l1errett R. Stierheim
Harbert M. Brown
Max Battle
Sgt. BerndI'd Enlow
City 11anager
City Attorney
City Engineer
Roproaontinc PolicQ Chief
The Mayor called the meetin~ to order. Tho invocation waG given by Reverend
Edward Chalfant, Jr.. St. Johns Epiocopal Church. Service pins were awarded to
several employees for various years of service. The employee of the month award
was given to Jerry Roberts. Police Patrolman. Commissione'C' Itlilliamo moved that
the minutes of the ree;ular moetinR of llarch 6th, and the special meeting of ~tarch
16th, be approved as recorded and 3.S submitted in written summation by the.Clerk
to each Commissioner. t1otion was sQconded by Commissioner Wachtler and carried
unanimously.
ITEt1 HI - Agreement - Cloarwater '{aeht Club. The City Clark rCDorted that
tryis ~ublic hearinR had been pro?erly advertised and he had the affidavit of pub-
11ca tJ.on.
The City Hanager reported that the p1"'oposed ap,reement had been developed after
considerable negotiation. lie stated that the Com:nission had copies of letters
received pertaining to this matter and SURcested that the letter from Mr. Robert
Turner. president of the Optimist Club, would be of interest because of their pram
activity operating out of the Youth Haritime Center. They indicated they would
like to expand the sailing activity and the question has arisen if this can be
accommodated on City land or whether arrangements would be necessary between the
City and the Yacht Club. Hot-lever, the agreement is EoI' 50 years ~1ith the title
to the property being conveyed to the Yacht Club in order for them to finance and/or
mortgage the'construction of a new facility and expansion of the docks. The property
and improvements thereon would be returned to the City. Some of the financial
considerations include payment of back taxes, a payment of $50.000 at time of
closing on agreement and payments for the use of the bulkhead for dock facilities.
A financial analysis of the agreement has been sunplied to the Commission with '
the litigation on the present lease being held in abeyance nending the outcome of
these negotiations. .
The Mayor asked for a show of hands of those in support of the agreement and then
those in opposition. He asked for a spokesman from the opposition to identify
himself and then speak to the Commission. iir. David GU1kis representing the
Clearwater Optimist Club and the Optimist Pram Fleet staten that uhile they had
not seen the details of the proposal they might be landlocked and currently there
are between 50 and 75 youngsters sailing every weekend. He went on to say they
use the seawall as one end of the starting line for the races, the beach is used
to dock the boats and the ramp is also used by the group.
Mr. Jody Holfe. attorney, representing the Clearwater Yacht Club, reported that
the agreement had a provision to protect the use of the City owned Youth !1aritime
Center with a 40 ft. easement being reserved to provide access to the water from
the youth Maritime building. The Yacht Club desires to cooperate with the,
Optimist Club as boating is the major interest of the Yacht Club. He reiterated
that there was nothing in the agreement that is intended in any way to infringe
on the operation of the Pram Fleet and they hope that when the new Yacht Club
facility is put in it would improve the lanching of prams, etc. He explained
the tentative plans and stated the service dock would also be a bulkhead and make
a protected harbor.
Mr. David Gulkis spoke again and showed pictures of a typical Sunday operation and
requested that consideration be given to the Optimist Club expanding into the
15-20 year old bracket with a different class of boats. The 11ayor implied that if
the Club would give the City an idea how much area is needed that perhaps the City
might assist with the present location or find another location in the foreseeable
future.
11r. Michael Plunkett stated that he had represented the Yacht Club 2 years ago but
was now appearing as a private citizen. He requested that the Commission hold
action in abeyance for 2 weeks to allow him to conduct a use survey based on
community needs for the club property, such as a library, presailing school. a
center of preventative medicine, etc. in combination with the Yacht Club operation,
but he said he would rather have the community use than a Yacht Club on the property.
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-2-
CITY COI1HISSION HEB'UNG
Barch 20, 1972
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Mr. 'raver Bayly gave a very interesting histoI'ical report from the time of the
inception of the.Yaoht Club to the ourrent date. He uaid that originally it
was thought that Hr. Skinner owned the property but title' companies reported it
belonged to the City through riparian rights with the l1and:.1lay'Park property.
He thought the Yacht Club had a valuable .lgraement in the 99 year lease. lie
want on to say that the Yacht Club's first project io to promote boatinp,. lie
also stated that the Yaoht Club buildinH burned dO'fln and the City took the insurance'
money and built the present buildin~.
Mr. George t~nselman spoke in favor of the 1005e as the matter had been in can-
troversy, for about G years. Ho recommended a settlemont GO that the olub could
get new membors as tho membership is now down to .J.bout SO or 60. ,lie said that'
in Gome of the member's opinion they have a nood loaso and they m!!;! haVQ to take
it 0:1 to litigation to determine this matter, but they do \.Iant to reach a settlement.
Dt'. Donald Cochran rortlllrked that he and hia fathor had put in the plumbinp, in the
Yacht Club. He also said' that tho Cochran family has beon stiilinR sinoe he was
8 years old and his 3 boys are now using sailboats. With the b~ckinp, of the Yaoht
Club their family repreoented Cleat'water at almost every intQrnatio~~l regatta in
the past 15 years and only recently there ware 38 boats here from allover the
oountry and with a better Yacht Club and hetter facilities could have been 100
boats here. lie personally helped conduct 4 internation:ll pram regattas and oommented
that his family would give up their own sailinn before seeing the pt'ams denied.
He said that he was one of the last members at the cluh ,!nd he would stay there
until you knO\./ what. The :iayor asked "In other words you'll stay there until the
bay freezes? Is that right?" To which Dr. Cochran said he hoped and prayed it
novel' froze but that there would still be a Yacht Club.
IiI'S. Annette U. Loeser spok~ in support of the Yacht Club and her happy memories
around the club, as it provided a social nucleus in addition to the boating.
IiI'. Wolfe in summary stated that the legislature h~d ratified the original lease.
He said the Yacht Club is of the opinion that the lease is valid, that there is
more value in the property than the eoonomic value of the im?rovements, and in
essence the Yacht Club is asking for the abilitv to mortgage the property and have
bt'eathing t'oom to grow. The club is the second oldest in the state, having been
established in 1910. He further summarized that the City would get immediately
$50,000 in cash in back taxes; revenue of about $2,500 a year for future taxes;
another $3,000 a year when the Slips are completed of ten years hence; if the
slips are not completed a decrease in the terms of the lease from 64 to SO years
and additional property deeded directly to the City to oom?lement the Youth
Maroitime Center.
IiI'. Bayly again requested approval of the agreement \-lhile Hr. Plunkett reiterated
that he was asking for a maximum of 2 weeks delay to present some alternatives for
grea tel' community participation in t he Yacht Club.
Commissioner Williams stated that he, the Hayor and Commissioner Hall had been
involved in the matter for over 6 years with the administration doing most of the
negotiating with about every proposal presented and 5 times as many presented in
the past. A dollar and cents value of the Yacht Club to the community probably
cannot be justified as it is impossible to determine how many people the club
has brought to Clear~ater that never would have come without it. He also stated
it would be difficult to analyze the value of the remaining lease if it can be
legally upheld, with the possibility that a jury might come up with a compromise
solution similar to the agreement presented. He firmly believed the Yacht Club
was a necessity in our oommunity. Commissioner \villiams moved that the proposal
prepared by the City Manager and the City Attorney be approved and the appropriate
officials of the City be authorized to execute it. Commissioner Hall seconded
the motion for sake of disoussion.
Commissioner Hall asked the City Attorney to b~ief the Commission on the litigation'
in progress. The City Attorney stated that the suit t10uld determine the validity
of the 99 year lease and explained that the lease called for the City to pay taxes
if any were levied. Taxes were levied a few years ago and subsequently an amendment
to the lease was drawn up and executed by the Yacht Club and the City which called
for the Yacht Club to pay the taxes. The City is Claiming the original lease is
invalid, but if the court decides for the Yacht Club it is quite possible that the
original lease would continue and the City would have to pay taxes but the attorney
hesitated on making any public pronouncement regarding the details of the litigation.
Commissioner Hall stated that he was vet'y much in favor of the Yacht Club as it is
an asset to the community but he had some serious questions about the proposed
agreement and urged that discussion be continued until a satiSfactory agreement is
reaohed. ~ He expressed dissatisfaotion with one item in the agreement t'elating to
,the opening and Closing of Big Pass. If that pass should be closed by a hurricane,
the City would no longer be entitled:to compensation and he did not think that was
proper for the City to be taking that risk. Be also said he had other Doints to
discuss further. ~He expressed the opinion that it probably would be or benefit
for,both the Yacht Club and City to reach an out of.cou~t settlement.
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-3-
CITY COMMISSION MCCTING
r{~roh 20. 1972
Commissioner Wachtler stated that he was not inclined to sign a 50 year lease
and said that he did not think the City 11anaaor was recommending the agreement.
The City Manager stated that some of the terms in the agreement he approved of
and some he did not, but in any negotiation there is always give and take on .
both sides over the terms. He stated he did not submit ,the agreement with his .
recommendation but only ttS a negotiated matter in compliance t/ith the Commission's
wish. lie said he did not know how to put a dollar and cents figure on eo '
contribution that an organization liko the Yacht Club makes to a community but
not to have a Yacht Club would be a serious loss. However it has to be on an
equitable basia and he could understand the apprehension of aome of the Commission
over the terms.
Commilsioner Carwise statod that he could not support a 50 year lease and asked
if there wa s a ny other lea ses of suoh length, to which both the City i1anager and
City Attorney replied that they could not think of any for that length of time.
The Mayor oalled for a vote on Commissioner Williams' motion approvinn the agreement.
Upon the vote being taken Conunissioner Williams and Hayot' Hougen voted "aye"., '
Commissioners Wachtler, Carwise and lIall voted "no". Motion did not carry.
Commissioner Imll expressed the opinion that the Commission appat'ontly was in
favor of having a yacht club facility, but the terms of this particular agreement
do not 'seem acceptable to the majority of the Commission. Therefore, Commissioner
Hall moved that negotiation be reoponed and that 'a new public hearing be held on
April 3rd at 1: 3 0 P .11. Commissioner Hilliams seconded the motion for the purpose
of discussion and then commented that he did not think that a hearing on April 3rd
was sufficient time.
Mr. Wolfe stated that in all negotiations or settlements in a law suit, neither
side is going to be completely happy. lie believed the Yacht Club has given quite
a bit, but he is authorized to say that if negotiations are not concluded in
several weeks he is instructed to proceed with the law suit. The Club,will listen
to alternative proposals and will meet with the City officials at any time to ,
'discuss these. The City has certain thinGS that are objectionable to them and
the club has reasonable grounds for their position but he hopes that an agreement
could be arrived at that all the Commissioners favor.
The City Manager expressed the opinion that the two weeks was not quite enough
time and while he did not like to thrust him~elf in the middle of something, he
was in the middle of this matter whether he liked it or not. Perha~s the Commission
needs a recommendation aD to the opinion of the Administration and City Attorney
and that a recommendation ought to be submitted, based on the knowledge of the two
offices as to the clubs relative position and then if the Commission su?ports
th~t position we can try to negotiate a contr~ct.
. Commissioner \olilliams again ex?resscd the opinion that he thought two Heeks Has
too soon as this hearing has been well ?ublicized and the pUblic largely understands
what it is all about and they should have the same consideration on another agreement.
It takes about two weeks of publicity for the pUblic to be fully cognizant of what
is going on.
Commissioner I~ll thought the public is aware of the question of the Yacht Club
coming up whether they are familiar with the details of the agreement or not. He
then included as part of his motion to establish a public hearinn on the 3rd and
if an agreement cannot be reached at that time that we ?roceed with the suit.
Commissioner Hachtler seconded the motion but recommended deleting 'that portion
of the motion to go immediately into court.
Commissioner Hall refused to delete as he felt that a deadline should be established.
The Mayor requested Commissioner Hall to change the date from April 3rd to A?rill7th
to which Commissioner Ball agreed.
Upon the vote being taken on Commissioner Hall's motion to hold a new public
hearing on April 17th at which time close out further negotiations. Commissioner
Hall and Mayor Hougen voted "aye". Commissioners \.,rilliams, ~'/achtler and Carwise
voted "no". Motion did not carry.
Commissioner Carwise moved that the City Attorney be instructed to proceed forthwith
with litigation on the Yacht Club. Commissioner Hachtler seconded the motion but
said he did not agree with it. Upon the vote being taken Commissioner Carwise voted
"aye". Conunissioners Williams, Hachtler. Hall and Hayor Hougen voted unou. Hotion
did not carI'Y.
Commissioner Williams moved to reconsider the first motion to approve the agreement
which was denied. Commissioner Wachtler seconded the motion but again said he did
not agree with it. Commissioner Williams and Hayor Hougen voted "ayeU. CorrunissioneX's
~-lachtler, Carwise and Hall voted 'lno ". Motion did not carry.
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...4-
CITY CmUlISSIOU In~ETItlG
Barch 20, 1972'
Commissioner \>Jachtler moved for a public heal"inn on tho 17th of April a.t 1:30
P.M. for the purpose of considering approval of an agreement with tho Yaoht Club.
Commissioner \~illiams seconded tho motion. Upon the vote being taken Commiasionot's
Williams, Wachtler, .ik111 and t1ayor Hougen voteJ "aya". Commissioner Carwiso
voted II no" . 11otion carried I
C~mmissioner Hall t"eiteratod thut the 'Yacht Club .is noeded. but he believed that
the agreement should take into consideration some adjustment in tho City's com-
pensation as values change and time RoeS on. lie did not agroe with the clause
that the Cityts l"evonue be reduced if Uin Pass was olosed. He expressed hope
that Gome arrangement with the City could bo included BO that th~ City could '
cooperate in the eatablishment of more slips and have a joint contt'ol on operation
of them with the City perhaps installing the slips. He thought that the statements
t'egarding tennis courts and swimming poolu wore too string~nt ror a 50 year agreement
a a perha ps it ma v be dec ided that there ohouldn' t be u tenn! 6 court or may not '
want anything to"do with the pool. He alao expressed dissatisfaction with the
casement arrangements on the Hari time center as the Pram Fleet 1 :1ari time Center
or Optimist Club may want to make some modification, and the Clty is looking for
proporty,to consider the expan5ion of the marine facilities thare.
.
. The Hayor suggested that the City r1anar,er take Commissioner Hallts suggestions and
circulate them to deterrnine whether the majority of the Commission are in favor or
against the proposals. Con~iscionel' carwise reque~ted considering reducing the
number of years fot' the agreement. Commissioner vmchtler said he would talk to
the City Manager at his convenience. The Mayor reiterated that the City Manager
canvass the Commission for the majority's opinion.
The City Hanager said he was hoping the Commission ""ould ask for a 'recommendation
irrespective of the diversificationn among members of the Commioslon.
Commissioner Williams expressed confidence in the 11~nagerfs ability to negotiate
but he should be allowed to negotiate unrestricted and not end up with somebOdy
saying that they were against the agreement because their idea ~as not included.
He thought the City Hanager should be given the authority to corne back with an
agreement that he cen recommend.'
The Mayor then announced a recess. Commissioner Carwise left the meetinc at this
time due to illness.
ITEM #2 - A pUblic hearing on Zoning Amendments:
a. Continued - Section 26-11, Chapter 26 - Edgewater Drive.
The City Manager repopted that at the previous meeting there were some objections
raised by property owners on the southern end of the a~ea whose properties were
non-conforming to the setback. The Planninn Director has met with these parties
and recommended that the setback begin at a point midway between Sedeeva and
Sunnydale Dr. which Hould exclude those parties obj ecting. 11r. Frank Hiller,
owner of one of the commercial propertiess asked about reason for setback. The
Planning Director said they were trying to establish a parkway setting. Discussion
ensued regarding the setbacks. Commissioner Williams moved that the recommendation
of the Planning & Zoning Board and Planning Director for 60 ft. setback on Edge\>later
Dr. as outlined by the City Manager be approved and the City Attorney be instructed
to include this in an ~rdinance to be brought back to this Co~nission for approval
as soon as possible. Motion was seconded by Co~~issioner Hall and carried unanimously.
b. (A) Lots 8 & 9, Blk 3, and North 1/2 of vacated alley on South,
Milton Park Sub. to be changed from R-4D (mUlti-family) to
PRS (prOfessional & related Gerviccs)
(B) Lot 8 less West 24 ft., Blk 4, Sub of South 1/2 of SW 1/4 of
SW 1/4 Section 15-29-15 (John Caylors Sub.> to be changed from
R-4D (multi-family) to PRS (professional & related services)
- Johnson.
The City Manager explained therequest and read the recommendation of the Planning
& Zoning Board for approval. Hr. John Bonner, attorney for the applicant described
the area. There were no objections. Commissioner Williams moved that the applica-
tion of Dr. W. H. Johnson for PRS zoning be apprcved and the City Attorney be
instructed to include this in an amendment to the Zoning Ordinance to be brought
back,to this Commission for approval as soon as possible. Motion was seconded by
Comm1ssioner Hall and carried unanimously.
ITEM 03 - A pUblic hearing on requests for Annexation and Determination &
Establishment of Zoning & Fire District Classification:
.a. Lot 22. Block F. Sunny Park Groves, with R-1D (single family)
zoning and Fire District Ho. 2 classification - Eder
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-5-
CITY CO/1rHSSION I1EETING
Haroh 20, 1972
The City Hanager explained the request and read the recommendation of the Planning
& Zoning Board for approval. . 111". and HI'S. Harold Ecler were present. Thera were
no objections. Commissioner lIall moved 1:hat the request fo~ anneK!l'tion by Hr. and
Mrs. Edar with R-1D zoning and Fire District No. 2 classification be approved and'
the City Attorney be instruoted to inolude this in an ordinance to be' brought baok
to this Comndssion Dr approval as soon as possible. Hotion was seoonded by
Commissioner Wachtler and carried unanimouoly.
b. CA) Begin 100 ft. East and 625 ft. Horth of Soutlmast corner
of Section 20-29-16. run North 535.56 ft.. East B8S ft.,
South 572 ft., Wes1: 263 ft., South 246 ft., West 12 ft.,
South 344.37 ft., West 385 ft., North 620 ft., West
225 ft., with SCCB) (shopping center co~nunity) zoning
and Fire Distriat rlo. 1 classification.'
(B) nagin 100 ft. East and 5 ft. l-Iorth of Southwest Cornel"
of Section 20-29-16, run North 620 ft., East 225 ft.,
South 620 ft., West 225 ft. to P.O.B. with U (business)
zoning and Fire District No. 1 classifioation - Belleair
Ii & S.
The City l-1anager explained the request and read the recommendation of the Planning
& Zoning Board for approval subject to dedication of a 40 ft. right or way
easement. on frontage of US 19 for a service road. l.tr. Charles Pruett, representing
Belleair H & S Corp. spoke in objection to the easement bocause of leasing
commitments. 'rhe City HanageI" commented that there is a 40 ft. setback on US 19 '
and also therem an easement for water line on the property upon whioh piaces
no building m<lY be built and the area Hould only be used for parking. He and the
Attorney suggested an agreement that if the City Here to buy the property for
right of way it would be appraised on the factors mentioned and cl:lims for damage
to balance of property would be Haived. Commissioner lIall moved that the request
for annexation by Belleair H G S Hi th SC (3) zoning on tract (A); and 13 zoning on
tract CB) and Fire District No.1 classification be approved and the City Attorney
be instruoted to include this in an ordinance to.be brought back t~ this Commission
for approval as 600n as possible with the agreement stating the terms outlined
waiving damages and setting the cri1:eria fot" the appraisal. Hotion was seconded
by Commissioner Williams and carried unanimOUSly.
c. Lots 23 and 26, Terra Alto Estates, Y1ith R-1D (single family) zoning
and Fire District Ho. 2 classification. - Better Builders.
The City Manager explained 1:hat the applicant did not appear at the Planning &
Zoning Board hearing, 1:heroefore they recommended denial without prejudice.
Commissioner Wachtler moved that the request be denied without prejudice. Motion
was seconded by Commissioner Williams and oarried unanimously.
ITEH #4 - Continued - Request for Vacation of Portion of Franklin Circle
(J1cFarland, et all. The City Manager reported that Donald I1cFarland, attorney
for the applicant, has indicated th<lt the vacation may be subject to the full
5 f1:. dedication of right of \-1ay for :HS60Ut'i Ave, and \'1hen the parking facilities
on vacated Franklin Circle are construoted parking will be removed by the owner
on Missouri Ave. He recommended ~uthorizing vacation. Commissioner Wachtler moved
that Resolution #72-33 be~6sed and adopted and the ap~ropriate officials be
authorized to execute it. Motion wa~ seconded by COlrnnissioner Williams and carried
unanimOUSly. .
ITEM #5 - Aoceptance of Plats - Woodvalley, Units #2 and 03 (LaMonte Shimberg
Corp.) The City l1anager presented the plats and recommended apnroval. CommissioneI'
Wachtler moved that the plats be accepted and the proper offiaialsre authorized
1:0 execute them. 110tion was seconded by Commissioner Hilliams and carried
unanimOUSly.
ITEM #6 - Request for Dock Permit (Hie). The City Manager recom~ended that
the request be referred to the Harine Advisory Committee. I1rs. Olson, representing
Mr. Bie, asked that the request be continued until a further date. Commissioner
Williams moved that this item be continued until April 17th on request of Hr. Bie.
Motion was seconded by Commissioner Wachtler and carried unanimously.
ITEl1 #7 - National Electric Code - 1971 Edition - Adopting. Commissioner
Hall moved tha1: Ordinance 01370 be read and considered by title only on the first
reading by the unanimous consent of the Commission. 110tion Was seconded by
Commissioner Wachtler and carried unanimously. The Ordinance was read by title
only. Commissioner Hall moved that Ordinance #1370 be passed on its first reading.
Motion was seconded by Commissioner Waohtler and carried unanimously.
Commissioner Hall moved th~t Ordinance 01370 be read and considered on second
and final reading by title only at this meeting of the Commission, ~otion ~as
seconded by Commissioner Wachtler and carried unanimously. The Ordinanoe was read
by title only. Commissioner Hall moved that O~dinance #1370 be passed on its
second and final reading and adopted and that' the appronriate officials of the City
be authorized to execu1:e it. Motion was seconded by Cownissioner Wachtler. Upon
:the vote,being taken,Commissioners Wachtler, Hall and Hayor Hougen voted "aye".
'Commissioner Williams voted "no'l. Commissioner Carwiae absent. Notion carried ~
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CITY COMIUSSION HEETIUG
HaI'ch ,20, 1972
ITEM NB - Arohiteotural Contraot - Mudano, Fire Station Hl. The City
Manager presented a oontract with Frank Hudano for the central fire station,
at 7.35\ foo, not to exceed $28,000 or a lump Bum fee of $25,000 whioh was,
reoommended. Commissioner lIall moved that the contract with Frank Hudano for
HI Fire Station be approved and the appropriate officials be aU~horizQd to
execute it on tho lump sum baois and subject to approval of a S1te. Motionwas
seconded by Commissioner Wachtler and carried unanimously. Commissioner
Williams recommended that the contract not be implemented until the site is
determined.
ITEM #9 - Requests for Annexation:
"
a. Lot 10, Block 13, Palmetto Terrace with R-1D zoning - Nationwide
Land Corp. '
b. Lot 3. Block A, Pine Ridge Sub. with R-ID zoning - Rader
c. Lot 21. Terra Alto Eot...with R-ID zoninfl
La zar
d. Portions of Lota 5 & 6" Olk 4, llayvie\I1 City sub. \-/ith R-lD
zoninr. - Barlow
e. Acreap,e Tract - Area US 19 & SR 580 - with several zoninRs -
Koch
The City i1anager presented the ahove requests. Commissioner Williams moved that
the requests for annexation of items at bt c, and d be accented and referred to
the proper City departments for appropriate action and pUblic hearing. Motion
was Geconded by Commissioner Hachtler and carried unanimously.
Commissioner \.,rilliarns moved that the request for annexation of Item 9 e.,
described above be accepted and referred to the proper departments for appropriate
action and public hearinR subject to a feasibility report from the City ManaRer#
Motion was seconded by Commissioner Wachtler. DiscUG3ion ensued. Upon the vote
being taken Commissioner \'lilliams and Mayor lIoul:tcn voted Hayen. Commissioners
\'lachtler and Hall voted HnoH. Commissioner Cat'wise absent. Notion did not carry.
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Commissioner Hachtler moved that Item 9 e., reqUeflt for annexation by Carl
Koch as outlined by the City Hanage1'" be accepted and referred to the proper City
departments for appropriate action and public hearing. [1otion was seconded by
Commissioner 1~l1 and carried unanimously.
ITE!1 ill 0 - Bids ~ Continued - Sanitary SCl.olCr Re olacerncnt, North Greenwood
Area. The City Manar,er stated the City Enp,inQor had nep,otiated C.O. #1 which
included the City providing a night watchman to protect the machinery and equipment
du~ing the construction. This would reduce the $69,061 contract down $4,543 to
'a total of $64,518. A discussion ensued rer,arding the contractor providing his
own watchman \-11 th the City Engineer Ruggestinp" that another Change Order be
negotiated for the contractor to provide the watchman if that was the desire of
the Commission. Commissioner \'1achtler moved upon the recommendation of the City
Manager that the contract be awarded to Smith-Sweger Construction Co., with
Change Order for $4,543 reducinp, the contract to a total of $64,518 and the contractor
to nrovide his own watchman ~nich is the lowest and best resoonsible bid and that
the"appropriate officials of the City be authorized to execute said contract,which
shall be in accordance with the plans and specifications and bid. Motion was
seconded by Commissioner Hall and carried unanimously.
ITE11 //11 - Bids, Sani tarv Sewers for PropertieG not presentlY served in Blk
B, Crest Lake Park Sub. The City Engineer explained this was a small enclave inside
the City that is not on se\-leI'. Commissioner Hall moved upon the recommendation of
the City Hanager and City Engineer that the contract be al.olarded to Smith-Sweger,
Inc., Clearwater, for the sum of $3,070, which is the lowest and best responsible
bid and that the appropriate offioials of the City be authori2ed to execute said
contract whiCh shall be in accordance with the olans and snecificntions and bid.
Motion was seconded by Commissioner Williams and carried unanimOUSly.
The City Manager asked to have a date set for the quarterly zoning hearing
and recommended the date of Hay 22nd. Commissioner Hall moved that the date be
approved as recommended by the City r1anager. Hotion was seconded by Commissioner
Wachtler and carried unanimously.
The City, Manager recommended a resolution supporting House Bill 3975 entitled
the Regional Planning Act, and sending a copy of the resolution to the pinellas
County Legislative Dele~ation. The Planning Director said the Dill was primarily
standardizine planninr. regions in the State as there are several different programs
at the present time. After discussion Commissioner Hall moved that Resolution
~12-34 be passed and adopted and the appropriate officials be authorized to execute
it. Hotion was seconded by Commissioner Wachtler and carried unanimously.
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-7-
CITY COMMISSION HEETING
Harch 20, 1972
" The City Hana~er t'eported ..there ware two additional applications on
annexation and zon~ng with indications that both followed ,the new zoning,codo
for RI1 categories, In uoth,caaes they were above the donsity of the comprehensive
plan. He said that a Hr. \'Ia'tts was present t'epresentinp, HI', and Ht'G,' A Lyle
poinsette one of the applicants and wished to inform the Commission that it was
his intention to oomply with the comprehensive plan for aoreage in the mol 1/4 of
Seotion 16-29-16 bet\o/een Bayshore Blvd. and 11cHullen 1300th Rd. Horth of Johns
Parkway., Hr. \'latts said a delay would create a hard'ship for thom and reque3ted
acceptance with the stipulation that they Hould aflree to the densIty of the
oomprehensive plan. Commissioner vlilliams moved that the application fot'
annexa tion and zoninll by Ill". and !-Irs. Poinset te be acce l'ted and ref erred to the
proper City departments for appropriate action and public hearing with the density
to be held at a maximum of 10 units pCI' acre. t1otion was seconded by Commissioner
Wachtler and carried unanimOUSly. (The t1"lyor left the meeting at thio time and
Commissioner Williams assumed the Chair.)
The City Manager said he would defer tho application of Center and Calhoun
in ordet' to clarify the density.
A discussion ensued relating to the softball complex development authorized
at the March 16th meeting.
ITEJ1 #lij - Ordinance #1371 - Annexing & Zoning Portion Sec. 6-29-16 - PUblix;
Portion Sec. 31-28-16 - Kooh; Lots 8-11, Missouri Ilt5. - Brown & Roberts; Lot 67
Skyline Groves - Uatiom1ide Land Co. & Lots 29 F. 30 t Ulk 4, Virginia Gt'oves Est.
III -' Demetris f. Anderson. Commissioner Hall moved that Ordinance fl1371 be read and
considered by title only on the first reading by the unanimous con3ent of the'
Commission, Hation was seconded by Commissioner vlachtler and carried unanimously.
The Ordinance \oras t'ead by title only. Commissioner lIall moved that Ordinance
#1371 be passed on its fir>st reading. Hotion ~las 5econded by Commissioner Hachtler
and carried unanimously. '
'Commissioner Hall moved that Ordinance #1371 be read and considered on second
and final reading by title only at this rneeting of the Commission by unanimous
consent of the Commission. Hotion was seconded by Commissioner Wachtler and carried
unanimously. The Ordinance was read by title only. Commissioner Hall moved that
,Ordinance #1371 be passed on its second and final reading and adopted and that
the appropriate officials of the City be authorized to execute it. Hotion was
seconded by Commissioner Wachtler and carried unanimOUSly.
ITE!1 /115 - Ordinance #1372 - Deleting City of Clearwater from Provision of
Pinellas County Ordinance 1172-1 prohibiting Ili tchhikinp,. Commissioner Hall moved
that Ordinance #1372 be read and considered by title only on the first reading by
the unanimous consent of the Commission. notion was seconded bv Commiasioner
Wachtler and carried unanimously. The Ordi oance \o13,S read by title only. Commi ss ioner
Hall moved that Ordinance #1372 be passed on its firGt reading. Hotion was seconded
by Commissioner Hachtler and carried unanimOUSly.
Commissioner Hall moved that Ordinance #1372 be read and considered on second
and final r>eading by title only at this meeting of the Commission by unanimous
consent of the Commission. 110tion was seconded by Commissioner Wachtler and carried
unanimOUSly. The Ordinance was read by title only. Commissioner Hall moved that
Ordinance #1372 be passed on its second and final reading and adopted and that the
appropriate officialsof the City be authorized to execute it. Hot ion was secc~ded
by Commissioner Hachtler and carried unanimOUSly.
The Hayor,returned at this time and assumed the Chair.
ITEH #16 - Resolution - Payment to Briley, \oJild & Associates - Utility Revenue
Certificates, Series of 1969. Commissioner ~achtler moved that Resolution #72-35
be passed and adopted and the appropriate officials be authorized to execute it.
Hot ion was seconded by Co~~issione~ Williams and carried unanimously.
ITEM #17 - Resolution - Authorizing Condemnation on Edgewater Drive. In
answer to a question for the City Attorney and the ensuing discussion it was agt'eed
that the property to be oondemned would be from Lot 1, Sunset Point Sub. Replat
North to the center line of Union St., West of Edeewater Drive. Commissioner
Wachtler moved that Resolution H72-36 be pasoed and adopted and the appropriate
officials be authorized to execute it. aotion to/as seconded by Commissioner Hall
and carried unanimously.
ITEM H18 - Resolution - Requesting DOT to ,permit Island Estates Traffio Signal
to remain as it is. commissioner liilliams moved that Resolution #72-37 be oassed '
and adopted and the appropriute officials be authorized to execute it and copies
'be sent to DOT in Tallahassee immediately. Hat ion was seconded by Co~~issioner
Wachtler and carried unanimously.
ITEM 619 - Assessment Resolution - 11orrow Drive Sanitary Sewers. The City
Attorney presented Resolution #72-38 assesoing the adjoining property owners for
,the construction in the unincorporated geogra?hic area abutting Morrow Dr. between
Nursery Rd. and Penny Lane. in Douglas Hanor 1st Addn. Commissioner Hachtler moved
that Resolution #72-36 be passed and adopted and the appropriate officials be
,: au~horized to execute it. Motion wao seconded by Commissioner Hall and carried
":' :....:, ..'.;,. "(' unanimously. .
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CITY COMMISSIOn l'IEETING
March 20. 1972,
'Awards
Public lIearinp,s
1, Agreement - Clearwate~ Yahct Club
2, 'Zoning Amendments: '
a, Contd~ - Sec. 26-11, Chapt. 26
.. EdllO~later Drive '. ,':' '
b, Lots 8 & 9. al '3. Hilton Park
Subd, from R-4D to PRS; Portion
of Lot 8" 81 4, John Caylora
Subd. from R-4D to PRS '(Johnson)
3.Re~ue9ts for Annexation and Determination
& Establishment of Zoning & rire Dist~ict
Classification: ' \
a. Lot 22. 'B1 r. Sunny Park Groves,
R-1D (Eder) , .
b. E of US 19. N of Balleair extended.
SC(B); NE Corner of US 19 Ii Be1leair,'
extended, B, (Belleair H Ii S)
c. Lots 23& 2Gt Terra Alto Est., R-ID
(Better Buildern)
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AGENDA
CITY COMMISSION MEETING
MARCH 20. ,1972
1:30 P.Ii.
Invocation
Introduotions
Minutes of Preoeding Heetings
Publio Hedrings
R~ports from City Mananer
Reports 'from City Attorney
Citizens to be Heard
Other Commission Action
Adjournment
Meeting Pension Plan Trustees
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Reports from City Mana~er
4. Contd. ,- Request for Vacation of Portion
of Franklin Circle (McFarland, et al)
5. Acceptance of Plats, - vloodvalley. Units '
02 and #3 (Lal1onte Shimberg Corp.) , ,
6. Request for Dock Permit (Bie)
7. National Electric Code '- 1971 Edition
Ord. fJ1370
8. Architectural Contract Mudano, Fire Sta.,
III
9. Requests for Annexation:
a. Lot 10, Bl B, Palmetto Terr. (Nationwide
Land Corp,)
b. Lot 3. Bl A, pine Ridge Subd. (Rader)
c. Lot 21, Terra Alto Est. (Lazar)
d. Portions of LOts 5 & 6. B1 4. Bayview
City Subd. (Barlow)
e. Acreage Tract'- Area US 19 Ii SR 580
(Koch) ,
10. Bids, Contd. - Sanitary Sewer Replacement,
N. Greenwood Area ,
ll~ BidS, Sanitary Sewers - Properties not
presently served in Bl B, Crest Lake Park
'Subd. '
12. Other Engineering Matters
13. Verbal Reports and Other Pending l-fa tters
Re~orts from City Attorney
,14, Ord. #1371 - Annexing & Zoning Portion
Sec. 6-29-16; Portion Sec. 3l-2B-16;
Lots 8 -11, 11issouri Hgts. Subd. j Lot e 7,
Skyline Groves Subd.; and Lots 29 &, 30,
81 4, Virginia Groves Est.. 1st Addn.
Ord. #1372 - Deleting City of Clearwater
from Provision of Pinellas County Ord.
#72-1 prOhibiting Hitchhiking'
Resolution - Payment to Briley. Wild;
Util. Revenue Cert., Series of 1969
Resolution - Authorizing Condemnation
on Edgewater Drive .
Resolution - Requesting DOT to permit
Island Estates Traffic Signal to remain
as'is
Assessment Resolution - Morrow Drive
Sanitary Sewers
Authorizing Execution of Easement Agreement
for Sanitary'Sewer Hain - Florida Power
Authorizing Execution of Purchase Contract
- Peterson ,
Renewal of Note, Bank of Clearwater
Coachman.Parking Lot
Acceptance of Deeds and Easements
15.
16.
17.
18.
19. '
.; 20.
21.
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22.
23,
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