07/16/1973
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CITY CO~1ISUION ~ECTING
Jl.lly 16, 19'/3
',' 'rho City Conunission of tho City of Cloarwa'tor mot in regular session at tJH1
City Hall, l-Ionday, July 111,1973.. at 1:30 p.a., with tho following lnember!3
prosent:
H. i:verett Hougen
Donald S. Williamo
IHchard D. Wach1:lor
Josoph Carwiao
Rick Ilall
; layor-Commia aionor
Commiuaionor
Commisaionar
Cornrnistlioner
Commissionor
Alao presont woro:
Merrett R. Stierhoim
lleruort ~t. Grown
..lax Battle
Frank Daniela
City danag","
City Attorney
City I:nginaer
Police Chief
The Hayor called the meotinn to ordor. The invocation was given by Chiof
Daniels. ,Tho Hayor presonted sorvice pins to City employees for 5, 10, 15 and,
20 yoars t se.rvice. Employoe of the [-lonth Award was given to Fire :1arshal George
L. Buhmeyer., The Hayor cited lifeguards John ;1orriam, Vincent Vordi, and I-lark
Campbell for thoir meritorious action in saving the life of an elderly heart
attack victim on Juno 17, lU73.
Commissioner lIall moved that the minutes of the meetings of June 111:h, 13th
and 14th bo approved as recorded and submi ttod in written summation by tlla Clerk
to each commissioner. 1'1otion was seconded by Commissioner Hilliams and carriou
unanimol.lsly,
ITJ:::1 III - A Public lIearing on Lot Hawing Resolution 073-89, The City
Attornoy read tho resoll.ltion and 1:ho City Inspactor raported on the status of
lot clearing actions. Proper action had been taken on three of the lots but 1:he
remaining viOlations were descriued as a manace to public health, safety and
welfare. Thore wore no objoctions. Commissioner 'Williams m:>ved t:hat Rosolu1:ion
fJ73-89 passed on July 5, 1973, be confirmed and made effective as to all persons
and parcels listed thereon, except for th~sc whos€ lots have been verified as
being clearod and those who have paid the City for the clearing, and that: 1:he
proper City officials and cmployees ba dirccted to proceed in accordance with
law 'and see tha1: the lots arc cleared. aotion was seconded by Commissioner Hall
and carried unanimously.
ITEM #2 -'Continued from June 13, 1973) Paving, Curbs and urainaBe - Star-
board\'lay, Douglas to SCL. RR. The City 11anager discussed the proposed street
improvements for Starboard Way (.Dounlas Avenue to Seab:>ard Coast Line Railway)
and explainod that in a preliminary hearing on this oroj ect (April 25th) area
residents wore informed of an estimated front foot asscssmcnt of $9.U8. Subse-
quently (Commission r'lcotinu of June 18th), a revised estimate. was made public:
A uniforlO foe for such improvements of $12 per front foot. The City Engineer
stated that a large majority of the rcsidents affected was opposed to this work.
In the discussion that followed, the City .1anager reported that bids ware now
being received and recommended that the City pursue its improvements program in
the interost of better service to the pUblic. Commissioner. IHlliams recommended
the policy of eliminating all dirt roads as a direct benefit to property owners.
Conunissioner \'lachtler moved that the Commission approve the recommended improve-
ments to Starboard Way on an assessment basis of $12.00 per front foo1: and that
the City Engineer be directed to analyze the bids received on this project and
t:o report recommendations to the Commission, which reserves the right to reject
all bids if no bid is considcred acceptable on the basis of cost or specifications.
Motion was seconded by Commissioner \1illiarns. Upon the vote bein!} taken, Com-
missioner Williams, Wachtler, Carwise and ;.tayor Hougen voted in favor., COilunis-
sioner Hall was opposed. Motion carried.
ITEa #3 - Vacation of It 243' of N-S Alley between Lots 2, J, & ti and Lots
1, 4 & 5, Harts 2nd Addn. The City ;1anagcr outlined the recommendation that
this alley be vacated. 301:h the Planning Director and the City J::ngineer con-
curred in the recommended vacation. Thore were no objections. Conunissionor
Williams moved tlat Resolution H73-93 be passed and adop1:ed and that the appro-
pria,te officials bo authorized to execute it. ..lotion was seconded by Commissioner
Hall and carriod unanimously.
ITE:1 114 - A Pl.lblic Hearing on Zoning Amendments (Continued ,from June 18, 1973)
a. Lots 22,.23 and 24, illock Ct Carolina Terrace, 1:0 bo changed from RM-l2
(duplex-apt.) to CG (genoral business) - Kooiman Realty
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CItY COMMISSION H~CTIHG
.ruly 16, 1 U'/ 3
b. Lots 2, IB, 19. 20 and 21, illock C,/Carolina Terracc, to be chanr.ed
from R:'1-12 (Uuplox Apt.) to cn (G~noral uusinoss) - Plecker, et 011.
'l'ho City :1clnd.IJOr outlinod tho Kooiman clnd Pleckor requests, notinB that those
i toms' had boon continued from a previous mooting and were presente:d jointly at
this time as rol.J. tinlJ to a common zoninlJ change proj ect. The dallagoI' ['oportau
that tho PlanninB and ~oning l:loc1I'd had rl1colllmonded approval subject to 20 ft.
building sotback from HichiBan Ave.. buildin~ height maximum of 2 storioG,
solid Gcroon by fenco abutting Lots 1 and 17, Block C; Commission's considerrltion
had be on continued to j)rovido applicants tho OPPoI'tuni ty to preparo and submit a
roquostcd sito plan. Attorney for the applicants, ;'1r. 1>onald .lcFarland, displayed
drawinus of tho area, doscribed proposed channes in prlrking and st<1 ted that only
t'..I0 now stI'ucturoa wore planned for this devolopmont. 'rho City Traffic Bnginecr'
cxprGGsc~ his concarn fOI' proper traffic control on :Hchillan and ilissouri Avenues.
and stressod thc noed for sufficient off-stroet parking. Commcntinn on the
residential character 0 f ilichigan Avenue, Commisoioner ,Jilliams aUUlJestec.1 tha t
the soction of this property along :Hchigan should bo used only for parkine when
domoli tion of buildings bGcomas necessary. FOllowinu furthcr discussion and a
recommendation by tho City Attorney, Commissioner \'Jachtler moved that tho appli-
cants' roquests for CG zoning and Fire District No.1 be approved, subject to
a recordable site plan with tho Planning and ZoninG Board I s recommendation affixod
thereto both pictorially and in writinlJ, deviations from the plan to be made only
with the specific approval of the City Commission. 110tion was seconded by Com-
missioncr i~i1liams. Upon the vote being taken? Commissioners vJilliarns, \~achtler,
Carwise and iiayor Hougen votod in favor. Cor.unJ.ssionor lIall was opposed. dation
cdrried.
c. Lot 3 and alley adjaccnt on \\lest, 1::ast 5U ft. of Lots 4,anJ 5, Block 4,
and Lots 8 and 9 loss West 54.1 ft., Block 3, all in Wallace Add~ to be
changed from l~i'I-54A (High Density Hulti-Family) to eG (GenE:ral Business) -
Dimmitt
The City :1anager outlined tho Uisrunitt request and read the recommendation of
tho Planning and ~oning Board for approval.- A letter from .1rs. Alice Gordan,
506 E. pine St.. protestin~ unauthorized parkinlJ and excessive nei~hborhood noise,
was read ty the Asst. City Clerk. There werc no othor objections. Following the
City Attorney's comment that nuisanccs were J~tters for police action and could
arise irrespective of the area zoning, Commissioner Wachtler moved that the
application of Dimmitt Car Leasing, Inc., for CG (General Business) zoning and
Fire District tIo. 1 be approved as recommended by tho Planning and Zoning BO"ird.
and that the City Attorney be instructed to include this in an alnendment to the
Zoning Ordinance to be brought back to this Commission for approval as soon as
possible. Xotion was seconded by Commissioner Car\otise and carried unanimously.
.. Applicant was represented by Stephen C. ',/atta. Agent.
d. North 155 ft. of South 205 ft. of ~cst 150 ft. of Tract C, New Country
Club Addition" to be changed from RS-SO (Single l'amily) to CS (Commorcial
Services); - amended to CG at Planning and Zoning Board pUblic hearinB,
July 6th - Honterey
The City !'Ianagsr reviewed this request and stated that the Planning and Zoning
BOdrd had reco~nended denial on the basis that tho zoning requested would not
conform to the Comprehensive Plan and would tend to encourage spot zoninc. :-11".
Joseph 11cFate, attorney and applicant's repI'esentative, described the proposal,
displayed zoning maps of the area ~nd pointed out that the a.pplicant had considered
his request consistent with the adjacent area. zoning because of cOlnmercial uSdge
on the north and on the west (across ;'lissouri). Commissioner Carwise recommended
denial of the request. In the discussion that followed the City Planner stated
that tho Comprehensive Plan was intended to provide for appropriate buffer zones '.
(e. ~., office complexcs) between residential and commercial areas. Commissionor
\~i11J.ali\s sUJ:mested further study of this application in order to consider
al ternative usar,e consistent with the Comprehensive Plan; Commissioner \~achtler
proposed city or professional use potentials as a buffer to the contiguous resi-
dential areas. Conunissioncr \'/illiarns :Roved to continue this.'item to the last
meeting in AUlJust (August 20, 1973). ;'lotion was seconded by Commissioner ~lachtler.
On the call for a votc, Co~nissioners Williams, \~achtler. Hall and i'layor Hougan
voted in favor. Commissioner Carwise was opposed. The motion for continuance
carried.
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e. Lot 12, Block 9, Pinecrest Sub., to be changed from R~-12 (Duplex Apt.)
to CG (Gencral Business). - J,tc:Hchael
The City i'lanager outlined the request and read the recommendation of the
Planning and Zoning Board for dcnial as not conforming to the Comprehensive Plan.
Mr. Robert Zens, attorncy and applicant's representative, displayed sketches of
the commercial building planned for this property and listed some of the service
business anticipated: flower shop, plumbing, electr.ic and locksmith. Commissioner
Carwise questioned the net effect on an area pI'imarily residential in charactor and
commented on the need for housing rathor than for business expansion. Herbert UiSalvo.
owner of an adjaccnt property, spoko in support of the proposed rezoning. After
furthor discussion, Conunissioner \~illiams moved that the request of I~obeI't Hci-1ichaol
for' CG (Genoral Busines~) ~oning be de~iod as recommended by the Planning and ~oning
Board. Motion was secondod by Cornmiss;Loner Hachtler and carried unanimausly.
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CITY COitUSSION !-lEETIHG
July 16,1973
I'l'r:M ~ 5 - RGqu13st for Annoxation and Determination & Establishment of '
Zoning and Firo District Classification - Dunoan botwoen Lakoviow and "Palm-
wood~ Parksicto botwocn Uorwood and Uuncan 'annexation rofol:'endum sot for
Septombor 11, 1973).
1 ~ ' Lots 1 to 5 inol. and Lot 27, 1~J.kevio\ol Viata Sub "' as reoordod in
Pla t' Book 34, Page 62, Public Records of Pinollaa ,County, Florida,
togother with abutting stroets.
2. Lot ,28 and Lots 40 to 53 inol., Lakeview Vista 1st Addition R~plat':
Sub. as recorded in Plat Book 41,' Pauo 14, Public l~ocords of 'Pinollaa
County, Flol'ida, together with alJuttinp, streots.
3. Lots Band 9 and Lots 100 to 109 incl., tmorald l1il1e Estates Sub. as
recorded in Plat Uook 46, Pa~o 18, Public Reoords of Pino11as County,
Florida, tOijether with abutting streets.
The City Manager outlined the requost and road the roco~nondation of the
Planning and Zoning Board for RS-75 (Sinu1e family) ~oning and Ffro District
Ho. 2, subj ect to annexation by rof erandulII vote. 'thoro was no opposition to
the proposed annexation referendum scheduled for Sept~nb~r 11, 1973. In
answer to a question from Commissioner \'1111101.105 concerning procedure, the City
Attorney explained that the ordinance of intention to annex areas contifJuous to
the City sets forth the proposed zonina for voter approval or rejection and
olimina tes the delay and potential disagreeJlLents in establishing zoning after
the annexation. FollowinB reeolnmc.nda tion by tho City Attorney f COlluniss ioner
\o/illiams mcved that this annexation prooedure be, adopted as tho official policy
of the Commission. Xotion was seconded by Commissioner ',oJaehtler and carried
unanimously. '
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rfEil 1119 - Ordinance 111463 - Intention to Annex by Referendum Election - ,
Lots 1 to 5 & Lot 27, Lakeview Vista Subd., Lot 28 & Lots 40 to 53, Lakoview
Vista, 1st Addn. Replat Subd., and Lots 8 & 9 and Lots lOa to 109, Emerald
Hills :Cst. Subd.
The City Attorney presented Ordinance #1463 at this time as pErtinent to
the consideration of the soheduled Duncan and Parkside Referendum (al"ea to be
zoned RS-75 (Single Family Residential) an:) designated Fi'!"e OistI'ict No.2).
Commissioner Carwiso moved that Ordinanoe 111463 be rGad and considered by title
only on the first reading by tho unanimous consent of the Commission. aotion
was seconded by Commissioner liall,'a.nd carried unanimously. The Ordinance was
read by title only. Commissionor Carwise moved that Ordinance /}l4GJ be. passed
on its first reading. Hotion Has seconded by'CoJnmissioner i.,lachtler and carried
unanimously.
Commissioner Hall moved that Ordinance 1J1463 be read and considered on
seoond and final rcadinc by title only at this meeting of the Commission by
unanimous consent of the Commission. ,10tion was seconded by Commissioner Car':
wise and carried unanimously. The Ordinance was read by title only. Commis-
sioner vlachtler moved that Ordinance 111'.63 be passed on its second and final
reading .and adopted and that the appropriate officials be authorized to Execute
it. :'lotion was seconded by Comrnissioner Hall and carried unanimously.
,
ITEM #22 - Resolution #73-94 - Calling Special Referendum E1oction for
SeptEmber 11, 1973, for Annexation of Properties described in Ordinance #1463.
Tho City Attorney read Resolution 1173-94 setting the date fer referendum
election on September 11, ,1973, statinB the question for the ballot, and setting
forth the qualifications of those permitted to vote. Co~nissioner Wachtler
moved that Resolution #73-94 be passed and adopted and that the appropriate
officials JJe authorized to execute it. i-lotion was seconded JJy Commissioner
Hall and carried unanimously.
ITEt'l #6 - A Public Hearing on Requests for Annexation and Determination &
Establishment of Zoning and Fire District Classification:
a. (Continued from Hay 21, 1973)
(A) Southeast 1/4 of Northwest 1/4, Section 1-29-15, less Southeast
1/4 of Southeast 1/4 of Northwest 1/1., with, RPU (Residential
Planned Development) zoning and Fire Uistrict No.2. - Shell
Oil Co It at al.
(B) Southeast 1/4 of Southeast 1/4 of Northwest 1/4. Section 1-29-15,
less South 250 ft. of East 250 ft. with CSC (Shopping Center
District) zoning and Fire District "0. 1. - Shell Oil Co., at 01.1.
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CITY COmlISSION H.cETIIlG
July 16, 1!J73
QQmmiaDioncr ~'JUliamG left the mooti.nrt at this time beoause of' potential
oonflict of inte~est.
'l'ho City Nananar ~eviewod tho background on this roquost and reported the
City Attorney's rUling that previouD Commission action had been ineffoctive
because of an insufficient number of affirmative votes. The Ci t'y Attornoy"
stated that a new hearing was now required. The :1anagor read the Planning
and Zoning aoa~d recommendation for approval SUbject to: (Parcel A) maximum
of 10 units pa~ not acra, 'Parcels A & d) 17 ft. additional right-of-way for
Hercules Avenue. 7 ft. additional right-of-way for flontclair Road. and 10 ft.
drainage and utility casement alon~ west side of these parcels. Hr. John F.
Rankin, Presidont of 'rho Woodmont Park Civic Association, spoke in opposition'
to the p~oposed rozoning, calling attention to a petition of objection signed
by approximately 113 residonts 0 f this araa. j-lr. l~ankin Qomiuonted on the
following points: the Sunset Point and Coachman Road area is primarily resi-
dential, the pro~osod Shopping ccntar"is not necessary because of other shopping
facilities readily available; approval could lead to other development of a .
commercial nature. :.11'. James a. Stacy, a.pplicant's rep~esentative, described
vario\.1s aspects of the proposed devalopmcnt and oommented on a market survey
recently cOInpleted whiCh justified tho economic feasibility of a shopping center
in this location. In response to a question from Commissioner Hall the City
Han~ge~ atated that Sunset Point Road would be improved at a future date to
accommodate 4..1ane traffic. Tho Planning Director commented on this potential
change and st~ted that widening this road did not necessarily indicate a t~end
toward commercial development. Commis6iona~ lIall moved that tho requost for annex-
ation by Shell Oil Company with RPD (Residential Planned Development) zoning and .
Fire District Ho. 2 and esc (Shopping Cantor District) z.oning and Fire District
No. 1 be app~oved as recommended by the Planning and ~onin~ Board and that the
City Attorney be instructed to include this in an ordinance to be brought back
to this Commission for approval as 600n as possible. :'lotion was seconded by
Commissione~ \Vachtler. Upon thE. votE. being taken, COInmissioners \'lachtloI' and
Hall and :-tayoX' Hougen voted in the affirmative. Commissioner Carwise \-Ias opposed.
:10tion carried.
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b. Lot 1l, Downing Subdivision, tOGether with abutting streets, with RS-50
(Sinalo Family) zonina and Fire District Ho. 2 - Danko.
The City Hanagcr outlined the I'e'luest and read the recommendation of the
Planning and ZoninB Board for approval. There were no objections. Commissioner
~~achtle~ moved that the request for annexation by John E. Danko with RS-SO
(Single family) zoning and Fire District Ho. 2 be approved, as rcconunended by
the Planning and Zonine aoal~d, and that the City Attorney be inst~Ucted to
include this in an ordinance to be brouBht back to this Commission for a.pprovill
as soon as possible. ,-totion was seconded by Commissioner Hall and cal'ried
unanimOUSly.
c. Lot 62, Bel-Keene 1st Addition, together with abutting streets, with
RS-75 <Single Family) zoning and Fire District No.2 - Lukes.
Commissioner \alliams returned to the meeting at this tim~.
The ei ty ;'Ianager outlined the request and read the raeommenda tion of the
Planning and Zoning Board for app~oval, There were no objections. Conunissioner
Wachtler moved that the request for annexation by John C. and Sharon W. Lukes
with RS-75 (Single Family) ionine and Fire District No. 2 be approved, as
recommenued by the Planning and Zoning aoard, and that the City Attorney be
instructed to include this in an ordinance to be brouBht back to this Commission
for approval as soon as possible. Hotion was seconded by Commissioner Hall and
carried unanimOUSly.
d. Traci; A less that part in City, :,1. A. Smith's Uayvicw Subdivision,
together with abutting streets, with CG (General Business) zoning and
Fire District No.1. - NaIL
Tho City i'lanage~ outlined the I'equest and ~ead the reco/luuendation of the
Planning and Zoning Board for denial, and, in lieu thereof, a recommendation for
RMH (Hobile Home Park) zoninp. and change in zoning for portion now in City from
CG to RHH. Attorney Bruce Harlan, applicant's representative, requested CG
zoning for tho entire tract. The Planning Director ,stated that t~ailcr park
usage could be pe~mi ttod only in R;1U zoning and that the tract, now uaod for
this purpose, could only be annexed' by tho City on this basis. The liayor sug-
gested continuance of this iteln to provide time fot" .ir. Harlan to discuss this
matter furtheI' with his clients. Commissioner Wachtler Inoved for continuance .
of this request to the meating of August 20th. Hotion Has seconded by Commissioner
Hall and car~ied unanimously.
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CI'l'Y CO;.!~tISSION !,!EE'rIIIG
,July 16, 197 J
o. Begin 263 ft, South of tho m: corner of Section 13-29-15, thenco South
02 ft., West 293 ft., North 92 ft., ~ast 293 ft. to P.O.B., tOBothor
with abuttinr, stroets, with CS (Commorcial ServiceD), zoning and Firo
Diotrict No.1-Woodruff
The City tlanager outlined tho request and read the recommendation of the
Planning and Zonina Hoard for approval. Owner of tho property, ;.tr. Oliver'
Woodruff, Gtated that nGW construction WclS being comploted under a County pormit
and that he desirod e.nnexation at time of occupancy. Thore WOI'C no objections.
Following a discussion on procedures for coordinatinG refuse disposal, Commis-
sioner Iiall movod that the roqueot for annoxation by Oliver \'loodruff with CG
(Commercial Services) zoning and Fire. District lIo. 1 be approved, as recolnmended
by tho Planninn and Zoning Board, and that the City Attorney be instructed to
include this in an ordinancc to be br'ouGht back t:J this Commission for approval
as scan as possible. 110tion was seconded by Commissioner I'lilliams and' carroied
unanimously. "
f. Lot 19, Block D, Eastwood Terrace 2nd Addition, together with abutting
streots, with RS-75 (Single Family) zoning and Fire DistI'ict Ho. 2 -
Rogers.
The City :1anager outlined the r'equest and read the rccommendation of the,
Planning and Zoning Board for approval. There were no objections. Commissioner
\~illiams moved that the request for annexation of Enoch ~~. I{ogors ~1ith RS-75
(Single Family) zoning and Fire District lIo. 2 bo a?proved, as recommended by
the. Planning and Zoning Board, and t!lat the City Attorney be instructed to .
include this in an ordinance to be bI'ought back to this Commission for approval
as 600n as, possible. .'1otion was seconded by Commissioner Hachtler and carI'ied
unanimously.
HILGORE ANNEXATION
A. Southwest 1/4 of Northeast 1/4 of UOI'thwcst 1/4, Section 9-29-16 South
of T & GC Railroad less \'lest 250 ft., - Bilgore
B. Harth 1/2 of Southeast 1/4 of Uortht-lest 1/4, Section 9-29-16, - Bi1uore
C. North 973.50 ft. of Cast 45U ft. of Southwest 1/4 of Northwest 1/4,
Section 9-29-16 South of center line of Alligator Croek - ililgoro.
Commenting on the Bilgorc anncXdtion (approved FGbruary 5, 1973), the ~ayor
stdted that a misund~rstanding had arisen concerning the catcBories of land
included in the authorized density ccllculations. The. City Planner described
the area included in this annexation and stated that submcrged land, land donated'
to the City, and area rcpresented by necessary internal roads were not included
in the density count. :-tr. v/illiam i~olfe, attorney and applicant IS reprcsenta tive,
stated that a contract price hao been negotiated for the sale of the property
on the basis of density and that the contract was no\~ jeopardized by the City's
interpretations. Reviewing the history of the 13ilgore request, ar. Holfe stated
that his client had intended to donate additional land north of the creek (approxi-
mately 3 1/2 acres) and now stresscd this offGr' as valuable consideration to the .
City in its review of swampland/upland areas for inclusion in the density
computations. After further discussion of thosc matters, Commissioner Wachtler
moved to authorize City Officials (under direction of the City Manager) to aElsess
the character and value of the Bilgore land (subrnercad/not submerged) for
consideration in cOlnputing the net acreage basis for density calculations, with
the understanding that the City'E1 interior road policy would continue to apply
and that areas calculated under this policy would not be used in determining
, donsi ty. i1otion was seconded by Commissioner \~illiams and carried unanimously.
CommissionoI' Ball left the meeting at this time..
ITEM 117 - Amendments to Ordinances fll452 and /J1453. The City :1anagor presented
recommendations for amendments to Or>dinancc 1/1452 Wel/eloprncnt Impact Fees) and
Ordinance #1453 (Sewer Tap Fecs). A discussion followed. Commissionor ~illiam6
moved that the City Attorney be directed to amend Ordinances 111452 and /11453 to
incorporate tho policy changes of the ,'lanager's rnemoI'andum of July 2nd. .10tion
was seconded by Commissioner Carwise and carried unanimously.
ITE:-t 118 - Expanded Sewer Report - Uriley, \~i1d and Assoc.
Conunissionor Hall rcturned to the meeting at this timG.
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-G-
CITY COl1iHS810N i,!.t;I;l'IHJ
July 16, 1!l73
'l'he City Hanager ~I'Ouonted for adoption the Briley, Hild and Assoc. sup-
plemental roport, provJ..dinU administrativo Uuido linoD on sewago treatmont
systems. Commentinu on priorities, the ;IanaUer recommended that tho one-mlllion-
gallon plant in the northeast araa roceive the same priority as the other planned
facilities. 'rhe Utilities Director aornmonted on tho planning and construction
requirements. Discussion followed on the potential of obtainin" fedoral funds
and the alternatives open to the City in liquidating the cost of the planned
faoili tics. Commissionor Hilliarns moved that the Briley, \~ild & Associates
supplemental roport dated July 11, 1973, bo adopted with the understanding that
the one-million-Ballon plant in the northeast area bo accorJed aqual priority,
that Iterns 1. 2 and 3 be placed under inulIediatc uosicn 01" bid, as appropriate
to ,tho status of tho item, prior to the enli!rUClIlont of the l1arshall St. plant,
but that tho ~arshall St. project receive equal deoign priority, and, further,
that the City Hanacer be authorized to execute lo~n applications with the State
of Florida pursuant to the provisions of the report. :lotion was aeconded by
CommiGsionar Carwise and cart'ied unanirnously.
ITErt #9 - Request for Aid - Governor's Council on Croiminal Justico. The
Ci ty 1'lanaBer presentod a requost from the Police Chief for City payment of a
deficit of $438.45 incurred in support of the Local Committeu of the Governor's
Council on Criminal Justice for printing costs in the "Stop Crime" program. To
be supported by State fund s in the future, the ComHli ttco had raised $ 2,000.00
in private donations for the recent campainn but needed City assistance to
liquidate the present obligation. Conunissioner Hall moved to <lPilrove, payment
as recommended by the City ilanager. :'Iotion ,...as seconded by Commissioner Carwiso.
and carried unanimouoly.
ITEN #10 - l~equest for Use of t.temorial Civic ConteI'. This item was removed
from the agenda. '
I'rr:H #11 - Policy 1"0. i1edians and Lakes. 'rhe City l-lanager outlined a recom-
mended policy on lakes and me1ians: that all City lakes be platted by extending
the lines of abuttinu properties to the centers of lakes. that lakes be platted
as drainage easements, and that drainage easements be provided on appropriate
abutting lots to provide storm sewer access; seoondly, tl~t street medians be
approved only where an 8 O-ft. right-of-\ozay exists and where turn lanes are
provided as specified by the Traffic Enginecr, that the developer be required
to install automatic sprinkler systems to City specifications and to landscape
medians, and further. that he be required to pay for meter installations and
water usage for at least 5 years 01" that, as an alternative, an acceptable
arrangement be entered into with the residents of th6 subdivision to prOVide
for maintenance and water requ iraments . The Drainage Consul tant had concurred
with this recommendation.
Commissioner Hilliams moved to adopt the recommended policy , with the stipu-
la tion that the platting of lakes and development of medians be spccifically approved
by the Commission. :10tion was seconded by Commissioner Carwise and carI'ied unani-
mously, Commissioner Hall discussed the need for long-range planninn to vaqate
those medians and strips which are costly to maintain and sUBgested that the Parks
D~pt. begin an appropriate survey. The City i.tanager agreed to initiate the action
requested.
ITEH #12 - Lot 110wing Agreement
The City Hanager explained the aurcement and concurred in the recommendation
of the City Clerk for award of the mowing contract to Carl Larson, Jr. In reply
to a question, the Hananer stated that Inv ita tions to Bid had been sent to all
known contractors, but no bids had been recoived I However, t1r. Larson had
expressed some interest in the proposal, and the agreement had been negotiated
with him. Commissioner Hall moved, on the recommendation of tho City aanauer,
that the lot mowing contract be awarded to Carl Larson, Jr. under the terms and
conditions set forth therein and the appropriate officials of the City be autho-
rized to execute said contract. i1otion was seconded by Commissioner Carwise and
carried unanimOUSly.
ACTING CITY [1ANAGER - At the suggestion of the Hayor, Commissioner Hall moved
that Hr. Gerald ~oJeimer bo appointed Acting City :1anager effective August 1st.
l10tion was seconded by Commissioner Hilliams and carried unanimoUSly.
ITEH n3 - Approval of Preliminary Plat - :.tarshall Townhouses Lots 4 and 5, '
Block BI First Addn. to Norwood - crs Service Corp. The City :.lanagcr outlined the
requirement for plat submission and reported Board of Adjustment and Appeal approval
(Juno 14th) of a variance from real" setback requirement. The Planning and Zoning
Board had reviewed the proposed plat and recommended approval. Commissioner Caro-
wise moved that the plat be approvGd as submitted. Motion was seconded by'Commis-
sioner Williams and, after further discussion of the applicable zoning requirement,
carried unanimously.
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crr'i COHi'tISSIOU HEE:'rIlIG
July 16, 1073
ITEH, 814 - 'Approval of final plat - Salls La.~k3rd Acidn. tho City Hanager
describad this itom and roported that tho appropr<La'ta dopal"tmonto and divisions
of tho City had rocommendod approval. Cornmisoioncr \'Jachtlor movod for approval
of the plat as submi ttod. ttotion was secondod by Commissionor 'Hall anJ carried
unanimously,
I'rEI1 1115 - Requests for Annoxatiom
a. Lots E, F, G, H & I, Rolling Heights Sub., with CG (Goneral Businoss)
zoning and riro District tlo. 1. - Brammer, at al
b. Lot 63, Uel Koene, 1st Addn., with RS-75 (Singlo ramily) ~oninn and
FiL~e Oistrict Ho. 2. - Gross
c. Bogin 600 ft. West of SE corner of liE 1/4 Section 19-29-16, run West
509.62 ft., North 372116 ft., Southoasterly and EaGt 532.71. ft. along
south line of lIarn BlvJ., South 260 ft. to PIO.U.- - Schwdrtz, ot al
The City ltanar,cr outlined these requests and rocommended reforral. Commis"
sioner Hall moved that the requests for annexation, as outlinod by the Hanager,
be accepted and referred to the propel" City dopartments for appropriate action
and :?ublic hearing. aotion was seconded by Commissioner \~illiams and carried
unan1mously.
ITEI'1 1116
Bids, Fire Insurance. This item waG romoved from the agenda.
ITEM #18 - Verbal Reports and Other Pending ltatters. Planning Studies -
"701" Program. The City Hanaucr ropoI'ted that the RlH3R Planning/Dosign Group
of 1'ampa had been selected from among 5 firms interviewed for consultant sarvices
under the 1973'':'74 "70111 planning program. This firm was recommended to assist
the Planning Department staff in preparing the Innt:.r-Ci ty Plan and the Space
Utilization and Needs Study at contract costs of $22,250.00 and $5,000.00.
respectively. The. HanageI' notod that under a 2/3 grant arrangement all contract
costs are paid by the FedeI"al Government; costs to the City would be limited to
departmental services. Commissioner Hall suggested the naed for furthor rcview
of the programs prior to approval because of coordinations required, with other
studies such as thc Comprehensive Plan, Greenwood development and long-range
downtown studies. FUI'thcr consideration of this item was deferred to the first
meeting in August by consent of tho Commission.
COl1fHSsrOU 1iBE1'rNGS IN AUGUST - The City :1anager reported a delay in receipt
of the tax aSBossment rolls and commented on potential dates for preliminary adop-
tion of the 1973-74 opcratinG budgct. Commissioners Ivilliams and \'1achtlor stated
that they would be absent from the City for the ncxt three weeks. Following
further discussion on prospective Commission meeting dates, Commissioner Hilliams
moved to set the dates of the 20th and 27th for Commission meetinp,s in August,
with items proviously scheduled fcr tho 6th to be considered on A~Bust 20th,
and with this da to planned for the preliminary hoaI'inp, on the budget. ;.Iotion
was secondod by Commissioner 1Iall and carried unanimously.
CLEARWA1'ER YACHT CLUB - The City Hanauer reported receipt of a letter fro:n
the Yacht Club indicating imminent action to vacate this property pursuant to the
terms of the Circuit Court judgement (February, 1973). Stating his recommendation
for City Acquisition of tho property, the :.tanager expressed his concern for an
equitable adjustment in the judgement for tho loss in value because of recent
deterioration in condition of the building. -The City Engineer stated that there
was now a doubt that ,the building could bo repair-od I After further discussion
of the City's position in this matter, it was aBroed by consent, to defer'considor-
ation of a specific course of action pending r~viow by the City Attorney and
receipt of a now appraisal. ".:l)~(J o. DO ~
ITEH U 7 - Other Engineeri g l,latters - \'/aterline Repairs. The City Enginoer
reported that a recent rupture of a 6-inch waterline required emergency repairs
at an estimated cost of $ . Authorization for contract action was
requested. Commissioner Hall moved to authorize the expenditure of funds for
the emergency repaiI's as I'ecOlluncndcd by the City EncinoQr. Hotion was seconded
by ConunissioneI' C~rwise and carried unanimously.
Drainage Easement - 'rhe City Engineer reported that U. S. lIomes had been
unsuccessful in acquiring a drainago easement necessary to the Woodgate area of
Countryside Subdivision and recommended a resolution requcsting the County to
institute condemnation proceedings, costs to be bOI'ne by the City and reimbursed
by U. S. Homes, Commissioner Hall moved that ReSOlution #73-95 be passed and
adopted and that the ap~ropriate officials be authorized to execute it. Motion
was seconded by Co~niss1oner Williams and carried unanimously. '
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CITY CO:-t.1ISSIOU itr:ETIH3
July 16. 1973
ITEM Y10 (Continued from earlier in the moeting) Time Extension for Dovolop-
mont
(A) West 1/2 of North 1/2 or S1.; 1/1. of m: 1/14. Sootion 1-29-15 - Calhoun
(B) South 1/2 of SC 1/14 of NE 1/4, Section 1-29-15 - Calhoun
(C) East 1/2 of SW 1/14 of UE 1/14, Seotion 1-29-15 - Center
The Planning Director reported that Bradley, Young & Bywator (developers of
the Calhoun/Cantor properties) had requested a 14-yoar pe~iod for 60\ completion
of tho HPD proj ect. 110 furthor eta ted that a time ,poriod for RPD completion was
not stated in the new code, leavinB this requirement to tho discrotion of the
Commission. COlJunissioner Hilliams movod that a 3-year 'j:ime period for 60\ com-
plotion of the project be granted the developers beginning with the date of
final ,pL~n approval. :lotion was secondeJ by Commise:doncr \'1achtler. Upon the
vote being taken, Commissioners Williams, Carwise, Wachtler and Mayor Hougen voted
in favor. Commissioner Hall was opposed. 11otion carried.
Special l1eeting for Rczoni~g Items. The Planning Director recommended a
special mcetinn to consider approximately 25 staff-initiated rezoning requests.
After a discussion of the heavy schedule plannad for the August meetings, the
Hayor sugcestcd that a special meeting in September be scheduled to handle these
items.
Tennis Complex, Clearwater foI' Youth - :'lr. :-lark l1arquardt, member of the
Parks and Recreation Board and the Clearwater Tennis Club, urged action by the
Commission to crca te a Clearwater tennis complex and recommended use of the
20 acre Hct1ullen tract for this purpose. Commissioner ','1achtler suggested potential
USG of this sito for a Clearwater recreational complex as prooposed by Clearwater
for Youth. AfteI' furtheI' discussion, Commissioner Williams moved that the City
t1anar.cr explore the possibility of combining the proposed tennis and Clearwater
for Youth projects. with consideration given to a ono-year option on the propcrty
for Clearwater fo'r' Youth to demonstrate its ability to perform and justify re-
tention of this property, an agreement similar to that preparad for the Seaorama.
~10tion was seconded by Commissioner Hall and carried unanimously.
Salary Adjustments for Non-Classified Employees. The :1ayor recommended
retroactive 5\ salary increases, effective April 7, 1973, for the non-classified
employees (including members of the Legal Dep.J.rtmont) not previously covered by
Commission approvals. Commissioner Hilliams moved for approval of the Hayor's
recommenda tion. :1otion was seconded by Commissioner Wachtler and carried
unanimously. The aayor thon pI'esentcd recommended annual salaries for specified
employees effective October 1, 1973, and. after discussion on applicability of
fixed salary levels, further recommended approval of these amounts less the 5\
increase recommended beginning April 7th: Asst. City :1gr. (Weimer) $25,000;
Asst. City Her. (Zussy) $17,600; Asst. City :18r. CParoby) $17,056; Comm Relations
COOI'd. $13,500; Personnel Director $17,500; Utility Sales (Moroan) $12,066;
Utility Sales (Viers) $6,952; Utility Sales (Cruikshank) $5,1422i City Atty.
$21,000; Asst. City Atty. (Kennedy) $11,739i Asst. City Atty. (Gould) $8,505;
Prosecutor $11,352; Judge $8,295; and Assoc. Judges $5.880. Commissioner Hachtler
moved for approval of the recommendations stated. ~lotion. was seconded by Corrunis-
sioner Carwise. In I'esponse to a question from Commissioner Carwise the Mayor
stated his recommendation to include the City Manager in the 5\ retroactive pay
increase until Aup,ust 1st; Commissioner Williams reco~nended that the Manager's
termination of employment with the City be made effective Aucust 1st with two-
weeks vacation pay. Hotion for approval of the recommended salary adjustments
was voted and carried unanimOUSly.
Library Board - The :1ayor recommended :'Irs. J. L. ~Iartin to fill a vacancy on
the Library Board. Commissioner Williams moved to approve this appointment.
Motion was soconded by Commissioner Hall and carried unanimOUSly.
ITEt.l #19- (Considered earlier in the meeting)
ITEM #20 - Ordinance #1464 ~ Annexing & ZoninG: Lot 99, Skyline Groves Subd.;
Certain Lots in Crystal Hts. Subd., Unit #1; Lot 11, illS. Bay Viow City Subd;
Portion of Lot 5, Hm. BrO\-In' s Subd. of llayview; Lot 27, Del Oro Gdns; Portion of
Section 11-29-15; Lot 12, ill 10, Virginia G~ove5 Est., 1st Addn.; & Certain Lots
in Clearwater Manor Subd. The City Attorney outlined the propooed ordinance.'
Commissio ner ',<lac htler moved tha t Ord inanc e ,1/1464 be read and consid ered by title
only on the first reading by the unanimous consent of the Commission. :1otion was
seconded by COffir.lissioner Hall and carried unanimously. 'rhe Ordinance was read by
title only. Commissioner Hall moved that Ordinance 1Il4G14 be passed OD its first
reading. r10tion was seconded by Commissioner Carwise and carried unanimously.
Commissioner i~ll movod that Ordinancc'#1464 be read and considered on second
and final reading by title only at this meeting of tho Commission by unanimous
. . . '.' consent of the Commission. Motion was seconded by Commissioner Carwise and ca'r'ried
,:,.",;,\.;:, ,':.'. '.." .uNu;dmously.. The Ordinance was read by title,only. C~rnmissioner Hall moved that
'{:i~,'~'(j :':'> " " . ." . .,;. Ot"d}.nance n.464. b-;, t!a.ssed on i ~s second and f}.nal read;l.~g and adopted and that the
!~~.,il],~~':':'f,~\::~\": .', appropI'iate offJ.c}.als, b,o, authot!ized to execute it. HotJ.on was s,econded by Commis-
~~l:~l;f,~,);::~}\<<,~';:"',> :;'~.~,~~nGI' ~~chtl,er. and cat'r.ied unanimOUSly. .
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-9-
CIT'i CO:tlISSION NCE'rIUG
July .16, 1973
I'rE:a n 21 - Ordinance 1fl4 G 5 - Annexing & Zoning Lota 1 to 4 inc 1. & Lota _
23 to'34 inol" E 40' of Lot 35, Ul D and Lots 5 to 18 incl., Hl C, Claardun Subd.;
South 32, G ft. Lot 19 and Lots l!l to 30 inol., KniGhts Aores (Bormuda St, Refer-
endum), '1'he City Attorney outlined the proposed ordinanoe. Commissioner Hall
moved that Ordinance (11465 be. read and considered by title only on tho first
readinB uy the unanimous consent of' tho Commission, I'lotion was seconded by
Commisaioncr Carwisa and carried unanimously, 'rho Ordinance was read by title only.
Commissioner Hall movod that Ordinance ill1HiS be passed on its first roadin&~
l1otion was seconded by Cornmis:doner \1achtlcr and oarried unanimously,
Commissioner l1all moved tl1at Ordinance 1I11~65 be read d.nd considored on second,
and final roadinB by title only at this meeting of the Commission by unanimous
consent of the Commission. (-lotion was seconded by COllunissioner Wachtlor and
carried unanimously, The Ordinance was road by title only, Commiaaioner Hall
moved tha~ Ordinance #1465 be passed on its second and final reading and adopted
and that the ~ppropriato officials be authori:z:ed to exocuta it. /1otion was
seconded by Commissioner \~aohtler and carried unanimously.
ITEH d22 - CConaiderod earlier in the moeting)
ITE~l n 23 - Au thori:z:ing Execution of an Easemcnt for Florida Power to Install
Power Line for Fire Station fiS,
Lot #1, Baskins Rep1dt Sub., Section 17-29-16
The City Attorney outlined the requirement, COllunissioner Wachtler moved for
approval of the authorization requested, ..lotion was seoonded by Commissioner lIall
and carried unanimously.
ITEM 1124 - Authorizing Amendment to City l-Ianagar' s Deferred Payment Contract.
The City Attorney described the requirement: an amendment permitting assignment
of the deferred payment contract, with supporting funds, to another governmental
agency (the County). The City I-tanager reported that the County Commission had
agreed to accept conveyance. Commissioner Hall moved that the City Attorney be
authorized to prepare and execute the doouments necessary to the transfer of the
deferred payment oontract. !'lotion was seconded by Commissioner Carwiso and
carried unanimously. Commissioner Hall then moved to approve amendment to the
oontraot providing the necassary arrangements for transfer, l1otion was scconded
by Commissioner Wachtler and carried unanimously.
ITEM #25
Acceptance of Deeds, Easementa & Restriotions:
~,
"
Easement for drainage and utilities executeu by Duke J. Kilby, in Lots 19,
20, 22, Crystal Heights Sub., Unit 1.
Easement for drainage and utilities executed by David L. ~ost, in Lot 15,
Crystal Heights Sub., Unit 1.
Easement for drainage and u til i ties .cxecu ted by George L. Bailey, in Lot 21,
Crystal Heights Sub" Unit 1.
Easa~ent for drainage and utili tie.s executed by i'landell ~-1. Hise, in Lots 19
& 20, Crystal Heights Sub. , Unit 1.
Easeme.nt for drainafle and utilities executed by Paul A, Neissner. in Lots
13 & 14, Crystal Heights Sub.. Unit 1.
Easement for drainage and utilities executed by Frank W, Novak, in Lot 12,
Crystal Heights Sub., Unit 1,
Easement for drainage and utilities executed by J1aurioe F. O'Connell, in
Lot 17. Crystal Heights Sub~, Unit 1,
Eas~nent for drainar,e and utilities executed by Belleair H & S Corporation,
in SE 1/4, Section 20-29-15.
Easement for right-Of -way exocuted by Bcllaair U & S Corporation, in SE 1/4,
Section 20-29-16,
.
Easement for right-of-way for Bolleair Rd. executed by Belloair 11 & S
Corporation, in SE 1/4, Section 20-29-16',
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CITY COMMISSION MEETING
JUly 16, 1973
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AGENDA
CITY COMMISSION liEETING
JULY 16, 1973
1:30 P.I1.
Invoca.tion
Awards
Public Hearings
1. Lot Mowinn Resolution #73-89
2. Contd. - Paving, Curbs & Orainago Starboard
Way,' Douglas to SCL RR
3. Vacation of N 243' of N-S A1ley"bet. Lots 2,
3 & 6 and Lots 1, ~,' 5, Harts 2nd Addn.
4. Zoning Amendments:
a. Contd. - Lots 22,23,24, 81 C,' Carolina Terr.
from RM-12 to CG (Kooiman Realty) , ,
b. Contd. - Lots 2,18,19,20 & 21, III C, Caro- ..,
lina Terr., from RK-12 to CG (Plecker, et all
o. Each Side of Pine, 200' E of S. Ft. Harrison
from RM-54A to CG (Dimmitt) ,
d. E Side of N Missouri, 150' N of SAL RR,
from RS-50 to CS (Monterey Co.) .
e~ Lot 12, B1 9, Pineerest Subd., from RM-12
to CG (McIHchael)
5. Request for Determination & Establishment of
Zoning & Fire District Classification - Duncan
bet. Lakeview ~ Palmwood; Parkside bet. Norwood
& Duncan ~Annex. Ref. set for 9/11/73)
6. Requests for Annexation and Determination &
Establisrunent of Zoning & Fire District
Claasifica tion:
a. N of Sunset Point Rd. & W of N. Hercules
CSC (Shell Oil Co., et all
b. Lot 11, Downing Subd., RS-50 (Danko)
c. Lot 62, Bel-Keene 1st Addn., RS-75, (Lukes)
d. S Side of Gulf to Bay, W of CR 31, CG (Nall)
c. W Side of Belcher, 300' S of Drew, CS (WoodI'uf
f. Lot 19, Bl 0, Eastwood Terr., 2nd Addn.,
RS-75 (Rogers)
Reports from City 11anager
'7. Amendments to Ord. #1452 & 1453
B. Expanded Sewer Report - Briley, Wild Assoc.
9. Request for Aid - Governor's Council on
Criminal Justice
10. Request for Use of Memorial Civic Center
11. Policy re Medians & Lakes
12.' Lot Mowing Agreement
13. Approval of Preliminary Plat Marshall
Townhouses
14. Approval of Final Plat - Salls Lake, 3I'd Addn.
15. Requests for Annexation:
a. Lots E, F, G, H & I, Rolling Hts. Subd.
(Shannon)
b. Lot 63, Ilel Keene, 1st Addn. (Gross)
16. Bids, Fire Insurance
17 . Other Engineering ;1a tters
lB. Verbal Reports and Other Pending Matters
Reports from City Attorney
19. Ord. 01463 - Intention to'annex by Referendum
Election - Lots 1 to 5 & Lot 27, Lakeview
Vista Subd., Lot 2B & Lots 40 to 53, Lakeview
Vista, 1st Addn. Rcplat Subd., and Lots B i 9
and Lots 100 to 109, Emerald Hills Est. Subd.
20. Ord. #1454 - Annexing & Zoning Lot 99, Skyline
Groves Sub.. Certain Lots in Crystal lIgts. Sub.,
Unit #1, Lot 11, Bl 5, Bay View City Sub.; Portion
of Lot 5, Wm. Brown's Sub. of'aayview; Lot 27,
Del Oro Gdns; Portion of Sec. 11-29-15; Lot 12,
Bl la, Virginia Groves Est., 1st Addn.. &. '
Certain Lots in Clearwater Manor Sub.
Ord. #1465 - Annexing & Zoning Lots 1 to 4 G Lots
23 to 34, E ~O' of Lot 35, Bl B and Lots 5 to la,
Bl C, Cleardun Subd. '
ReSOlution - Calling Special Referendum Election
for September 11, 1973,for Annexation of
Properties described in Ord. "1463 .
Authorizing Execution of Easement for Florida
Power to install Power Line for Fire Sta.,H5
Authorizing Amendment to City Manager1s
,Deferred Payment Contract
Acceptanoe of Deeds, Easements & Restrictions
Lot Howing Resolution
Introductions
Minutes of Precoding Meetings
Public Hoarings
Reports from City Hanager
Reports from City Attorney
,Ci tizens to bo Heard
Other Commission Action
Adjournment
Meeting Pension Plan Trustees
21.
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22.
23.
24.
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25.
, 26.
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