09/24/1973
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CITY COMMISSION MEETING
September 24, 1973
The City Commission of the, City of Clearwater met in Special session at the
City Hall, Monday, September 24, 1973, at 1:30 p.m., with the following memberG
present:
H. Everett Hougen
Donald S. Williams
Richard D. Wachtler
Joseph Carwisc
R1clt Hall
Mayor-Commissioncr
Coromi s 610ner
ComJirl. ssioner
Commissioner
Commissioner
Also present were:
Duane ZUBSY
Herbert M. Brown
MaX Battle
Paul Bergmann
Major Wm. H. McClamma
Assistant City Manager
City Attorney
City Engineer
Planning Director
Representing pOlic Chier
The Mayor called the meeting to order. The invocation was given by the
City I\ttorney.
MINUTES - Commissioner Williams moved that the minutes of the regular
meeting of'AugUBt 20, 1973, and the special meeting or August 23, 1973, be ap-
proved as recorded and as submitted in written summation by the Clerk to each
Commissioner. Motion was seconded by Commissioner Hall and carried unani-
mously.
(New District
ITEM #1 - A Public Heari~ ror Zoning Ordinance Amendment.
Classification - Urban Center.)
The Assistant City Manager reported the Planning and Zoning Board recom-
mendation for approval of the proposed Urban Center claSSification,. subject to
revision or Section 24.03 (A) to opecify 20 gross acres, and revision or Sec-
tion 24.04 to provide a minimum of 40 groBS acres for new urban center develop-
ment and 20 gross acres for redevelopment urban center projects. The Planning
Director discussed potential developments under the proposed classification,
naming the areas of US 19 and State Road 60 and US 19 and State Road 580 as
potential new center locations, \dth the downtown Clearwater area as a poten-
tial redevelopment urea center. The proposed classification was described as a
useful tool for ruture planning, ultimately to be reflected in progressive
changes to the Comprehen.sive Plan. Commissioner Wachtler emphasized the need
for downtown development as a flrst priority under this classification and the
Mayor expressed the opinion that an urban center classification would encourage
the redevelopment of the downtown business area.
Commenting on various aspects of do~mtown development, Mr. Charles H.
Finton, Clearlmter resident, suggested that this type of developJnent would
greatly increase density and the concurrent problem of adequate parking space.
Commissioner Williams stated his opinion that urban centers would promote the
eventual use of rapid transit systems in interurban travel and that residents
of the area would walk to local destinations in preference to the use of per-
sonal transportation for short-distance travel.
After further diSCUSsion on the impact of the proposed urban center clas-
sification on aspects of popUlation density, property valuation I transportation
and parking I Commissioner Hull suggested the need to separate Commission con-
sideration of redevelopment and new center reqUirements under the proposed ur-
ban center classirication and stated his desire to consider at this time only
the matter of urban redevelopment. Commissioner Williams Objected to a divi-
sion in Cornrndssion consideration of this matter and urged concurrent consider-
ation or both categories. Stating that these were two separate classifications,
Commissioner Hall moved to approve amendment to the City zoning laws for estab-
lishment of a new use d1strict classification (UC - Urban Center) applicable to
area redevelopment in a minimum of 40 gross acres with potential extension or
additional contiguous areas of 20 acres each, which zoning amendment would in-
corporate the prinCiples or proposed Sections 24.01 ,to 24.10 as modified to
eliminate provision for new center development, with the City Attorney directed
to prepare the appropriate amendment to the Zoning Ordinance for Commission
review and approval. -Motion was seconded by Commissioner Wachtler. Commission-
ers Wachtler, Carwise, Hall and Mayor Hougen voted in ravor; Commissioner
Williams wa~ opposed. Motion carried.
ITEM #2 - Acceptance and Referral of Zoning Change Request:
Lots 6, 7~ 8 and 9, Block 19 of a Resubdivision or Blocks 13 and 19,
Milton Parl<: Subdivision: to be changed from RM-54A (high density mult1-
fam11YI hotel and motel use) toPS (professional services). - Wyatt Jonea, Jr.
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CITY COMMISSION MEETING
September 24, 1973
The Assistant City Manager summarized the request for change 1n zoning
and reoommendod,aooeptanoe and referral to the appropriate Oity departments
for necessary aotion and public hearing. Oommissioner Hall moved that the
application or Wyatt Jones, Jr., for change of zoning from RM-5~A (high den-
sity multi-family, hotel and motel use) to PS (professional'services) be
aocepted and referred to the proper City departments for appropriateaotion ,
and pUblio hearing. Motion was seoonded by Commissioner Waohtler and oarried
unanimously.
ITEM #3 - Recommendations on Continuations, Withdra~mls, etc. (Contin-
ued from Oommission meeting of September,17th.)
The Assistant city Manager summarized the Planning Director's memo~an-
dum of September 9th, presenting reoommendations for Commission considera-
tion in matters of applicant requests for continuations and withdrawals. Mem-
ol'andum on the same subject from the City Clerk was outlined by the Mayor.
Following a discussion concerning applicable feeD and reasonable time limits
for reproccssing applications, the Assistant City Manager suggested a staff-
coordinated study of the recommendations submitted. Co~nissioner Carw1Se
moved to table this iteln pending presentation at staff recommendations. Mo-
tion was seconded by Commissioner Hall and carried unanimously.
ITEM #4 - Pierce Street &~tension.
The Assistant City Manager summarizcd statf memorandum ot September 20th
recommending the use of City funds for the construction of the Pierce Street
Extension. lie noted that tederal funding could not be oounted on tor support
ot the TOPICS program and that riSing construction costs indicated the advis-
ability of proceeding with the project immediately. The Traffic Engineer com-
mented,;on the number ot proJecta involved under the TOPICS program and reported
that State funds also might not be available to support this city project. Re-
viewing various funding considerations, the Assistant Oity Manager; stated that
the City could furnish the estimated $700,000 tor the Pierce Street Extension
in realignment of other budgeted items and the City Engineer recommended that
the City request the return of $5,000 placed on deposit with the Department
of Transportation. Commissioner Wachtler moved to authorize the construction
program recommended tor the Pierce street Extension under City funding, to
request return of the City deposit with the Department of Transportation, and
to authorize the City Attorney to proceed with the necessary legal actions
appropriate to the condemnation of properties for acquisition of right-of-way.
Motion was seconded by Commissioner Carw1se and carried unanimously.
ITEM #5 - Paving, Curbs and Drainage on Evergreen Avenue From Druid Road,
800 Feet North.
The Assistant City Manager summarized staff memorandum of September 20th~
and recommended action by the City to proceed ,dth the proposed improvements
subject to the required publiC hearing for this project. The City Engineer re-
ported significant property owner oppOSition to the project despite City ,
policy for payment of costs exceeding the uniform assessment of $12 per front
foot. He noted that the Oity now had sufficient right-of-way for storm sewers
as a result of acquisition of Glen Oaks Golf Course and suggested a potential
alternative of vacating this street. Mrs. Agnes Day, of 1348 East Druid Road,
objected to the project on the basis of losing valuable trees. Mr. William
O. Hamburg, 1351 Pine street, indicated support for the potential vacation.
Commissioner Williams moved to table this item for appropriate report from the
City Engineer on the suggested vacation. Motion was seconded by Commissioner
Hall and carried unanimously.
ITEM #6 - St. PeterSburg Junior Oollege Agreement tor Use of Morningside
Pool.
The Assistant City Manager summarized staff recommendations for use of
the Morningside Pool by the St. Petersburg Junior College, Clearwater, stating
that the college would 'provide all necessary insuranoe coverage and would open
'the school's 6 tennis oourts to the general public, under supervision of the
Parks and Recreation Department. The Parka and Recreation Direc~or commented
on the beneficial aspeots of the proposed cooperative arrangement. Commissioner
Carwise moved for approval of the proposed agreement between'the City and St.
Petersburg Junior College for use of the swimming pool in the Morningside
Recreation Complex, subject to proviSion by the college for necessary insurance
coverage and proper supervision of the pool's use under the school's physical
education program and subjeot to the further restriction that the pool be made
available to the college on Tuesdays and Thur.adaya between 8:00 a.m. and 9:15
a.m. without oonflict with city program activities. Motion was seconded by
Commissioner Hall and carried unanimOUSly.
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CITY COMMISSION MEETING
September 24. 1973
ITEM 117 - Report on Dredging of Clear~mter pass Channel.
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The Assistant City Manager summarized staff recommendation of September
21at conoerning ourrent negotiationa for the dredging of 01earwater Pass
Channel. In aocordance with agreements reaohed ~dth the State and P1nellas'
County for contributing to the coat or conatrncting necessary dikes. the As-
Distant City Manager requested authority to oommit the City for oontract
costa of diking. not to exceed $5.000J in order to oonsummate arrangements
with the Corpa of Engineers for the proper diopoaa1 of spoil materials. Com-
mias10ner Williams moved that Resolution 1173-128 be passed and adopted. oom-
mitting the City to joint sponsorship of thiD proJeot at a maximum oost of
$5,OOOJ and that the appropriate orfioiula be authorized to execute both this
o5reement and a 6-rnonth temporary eanement necessary for appropriate disposi-
tion of dredging spoils. Motion ~ms soconded by Comm1Boioner Hall and oarried
unanimously.
PaVing
ITEM 118 - Approval of Change Order 112 to Campbell/Company Sidewalk Contract.
The Assistant City Manager recommended approval of Change Order #2 to the
sidewalk construction contract with Campbell paving co.. Clearwater. extending
the period of performance to Ausust 1. 1974. increasing the contract by $30J301.50
for a total contract amount of ~100.000.00 and providing for cancellation by
either party on 60 days written notice. Commissioner Williams moved that Change
Order 1;2 be approved as recommended and that the appropriate City orficials be
authorized to execute it. Motion was seconded by Commissioner Wachtler and '
oarried unanimously.
A discussion followed on the desirabiltiy of permitting the use of side-
walks for bicyclists on Druid Road 1n the high school area. Commissioner
Williams moved for Commission'~endorsement of this policy. Motion was seoonded
by Commissioner Hall, who streeed the need to racilitate sidewalk use in all
sohool areas. Motion carried unanimously.
ITEM l!Ba - Montgomery Ward (prospective Purchase of Building at Cleveland
and Missouri).
The Mayor reported on the potential purchase by the City of the Montgomery
Ward building and commented on the City Engineer'S inspection revealing excellent
structural conditions and design appropriate to auditorium and office layout.
Property of 2 1/2 acres, 80,000 sq. ft. of bUilding area and parking capacity
for 248 vehicles were reported. In a discussion of potential cost. Commissioner
Williams suggested City consideration of something less than anticipated
appraisal value. The City Engineer commented on the benefits to the City 1n
this acquisition through elimination of need for other buildings and favorable
centralization of related activities. ConmUssioner Hall moved that the Mayor
and Acting City Manager be authorized to negotiate the prospective purchase of
this property and to authorize appropriate review and report to the Commission
on the necessary matters of funding and availability. Motion was seconded by
Commissioner Wachtler. Commissioner Carwise's suggestions for concurrent study
of alternate locations for the City auditorium. potential lease of portions of
the Montgomery Ward building and scheduling of a public hearing prior to com-
mitment, were included in the motion by consent of Commissioners Hall and
Waohtler. Motion carried unanimously.
Revised Proposal for Yacht Club Site.
The Assistant City Manager reported action to finalize planning for poten-
tial use of the Yacht Club site. Revised site plan was displayed by Mr. Tom Shepard,
Landsoape Plannerl, showing boat launch area, tennis courts, parking spaces and
other facilities. Cornrrdssioner Hall recommended increasing the number of '
planned boat trailer spaces and the Mayor requested appropriate presentation of
the plan before the Marine Advisory Board.
Resolution in Support of Occupancy for Chesapeake Villas Project.
The Assistant City Manager reported that the Department of Housing and
Urban Development required evidence of City acceptance or streets, drainagel
water supply. sanitary sewers and other improvements in the Chesapeake Villas
project. Commissioner Williams moved that Resolution 1173-129 be passed and
adopted for this purpose and that the appropriate officials be authorized to
execute it. Motion was seconded by Con~isBioner Hall and oarried unanimously.
Commissioner Williams left the meeting at this time.
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CITY COMMISSION MEETING
September 24J 1973
ITEM 119 - Ordinanoe #1478 - Annexing and Zoning Lot lJ Blook D, Temple
Terraoe 1st Addition. - Henderson et a1.
The city Attorney presented Ordinance #1478. Commissioner Hall moved that "
Ordinance #1478 be read and oonsidered by title only on the first reading by ,
the unanimous l,consimt of the Commission. Motion waD seconded by Commissioner
Williams and carried unanimously. The Ordinance was read by title only. Com-
missioner Hall moved that Ordinance #1478 be passed on its first reading.
Motion was seconded by Commissioner Car\dse and carried unanimously.
Commissioner Imll moved that Ordinance #1478 be read and considered on
seoond and final reading by title only at this meeting of the Co~n1ssion by
unanimous consent of the Commission.,' Motion was seconded by Commissioner
Carwlse and carried unanimously. The Ordinanoe was read by title only. Com-
missioner Hall moved that Ordinance #1478 be passed on its second and final
reading and adopted and that the appropriate officials of the City be author-
ized to execute it. Motion was seconded by CommiDsioner Carwise and carried
unanimously.
Commissioner Williams returned to the meeting at this time.
ITEM #10 - Resolution #73-130 - Payment to BrileYJ Wild and Associates -
Utility Revenue Certificates, Series of 1972.
The City Attorney presented Resolution 1i73-130 authorizing payment from
the Construction Trust Fund in the amount of $lJ947.40, to Bri1eYJ Wild and
Associates, consulting engineersJ for engineeri~ servioes on water supply
wells. Commissioner Hall moved that Resolution It73-l30 be passed and adopted
and that the appropriate officials be authorized to, execute it. Motion was
seconded by Commissioner Williams and carried unanimously.
ITEM #11 - Authorize Execution of Agreement for Use ot Morningside poml
by St. petersburg Junior College.
Approval for this agreement was granted during consideration of Item #6.
ITEM #12 - Authorize Execution of Service Agreements with Florida Gas
Transmission Company for General Service and Preferred Interruptible Resale
Service.
The City Attorney presented proposed service agreements with Florida Gas
TransmiSSion Company and reported the recolmnendation for approval by the
Utilities Director. Commissioner Wachtler moved for approval of, the agreements
as presented and recommended. Motion was seconded by Commissioner Carw1se
and carried unanimOUSly.
Citizens to be Heard.
Mr. Ray F. HarrisJ 30 Baywood Avenue, commented on the delay in completing
the paving for Baywood Avenue, undertaken by the contractor last April. Mr.
Harris Objected to the inconvenience caused residents of the area and stated that
he had experienced difficulty in obtaining forecasts of work completion. The
City Engineer informed Mr. Harris that street paving was still incomplete be-
cause of a shortage of materials and that construction would be finished as
soon as possib1eJ contingent upon weather and delivery of supplies.
Resolution in Support of Animal Clinic.
The Mayor reported receipt of a letter fx'om the City of st. PetersburgJ
requesting City support tor County operation of a spay and neutering clinic.
The Mayor recommended passage of the appropriate resolution. Commissioner
Williams moved that Resolution 1t73-13l be passed and adopted and that the
appropriate officials be authorized to execute it. Motion was seconded by
Commissioner WachtlerJ andJ after further discussion of the recommended program"
carried unanimously.
Appointments to Clearwater Housing Authority.
The Mayor recommended reappointment of Mr. Robert Levison, now Chairman
of, the Authority. Commissioner Hall moved for approval of this appointment.
Motion \~s seconded by Comnuosioner Wachtler and carried unanimOUSly.
Commissioner Hall pointed out possible confliot of interest in appoint~
ment of ~ws. Joan Benjamin, noting that Mrs. Benjamin is employed by Clear\mter
NeighborsJ Inc.J and that this agency is now reoeiving grants from the City in
allocation of revenue Sharing funds. Following further discussion on the ad-
visabi~ity of reviewing legal aspects of the proposed appointment~ Commissioner
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CITY COMMISSION MEETING
September 24~ 1973
Carw1ae moved for continuance of further consideration of thin reaommendation
to the Commisaion meeting date of October 1st at lt30 P.M. Motion was aeoond-
ed by Commissioner Williams and oarried unanimously. ,
Appointmont of Delegatee to the National League of Cities Convention.
Nomination of the Mayor aD voting delegate and CommiDDioner Williams aD
alternate delegate to the National League of Cities was reoommended. Com-
missioner Hall movod to approve the recolnmendations for appointment. Motion
was seconded by Commissioner Wachtler ,and carried unanimoualy.
Selection of Candidate ~or Oity Manager Position.
A letter from Mr. Stanley H. Dial in ~dthdrawal from further considera-
tion for the position of Clearwater City Manager was read by the Mayor. Major
McClamma~ Police Department reprcsentative~ and the Assistant City Clerk tabu-
lated the voting of the Commission for selection of the now City Manager. High
preference ~ms indicated for Mr. Picot B. Floyd. Comm1Bsione~ Williams moved
tor unanimous selection of Mr. Floyd BS the new City Manager. ' Motion was seo-
onded by Commissioner Carw1se and carried unanimously. On a statement by the
Mayor with respeot to the candidate's employment terms of $37,500 per annum,
plus 6% deferred compensation and use of a car or a car allowance~ Commisoioner
Wachtler moved to aocept the terms recommended. Motion was seconded by Commis-
sioner Hall and carried unanimously.
Potential Violation of Florida Obscenity Law.
Conunissioner Hall expressed the personal opinion that the movle~ "Deep
Throatn~ failed to meet the moral standards expected of Clearwater and should be
closed from further public showing. The City Attorney stated that action is now
pending through the State Attorney's ofrice for appropriate court decision.
Commissioner Hall urged immediate City action. Following additional disaussion~
Commissioner Carwise moved to table consideration of this matter pending avail-
ability of additional tacts on ~mich to base an informed opinion. Motion was
seconded by Commissioner Williams. cornmissioneIBWilliams~ Wachtler~ Carwise
and Mayor Hougen voted in favor. Commissioner Hall was opposed. Motion carried.
There being no further business the meeting adjourned at 5;10 p.m.
The City CommiSSion then met as Trustees of the Pension Fund with the
Mayor oalling the meeting to order. The Assistant City Clerk read letters from
the Advisory Committee of the Employees' Pension Fund recommending that the
following employees be accepted into membership: John Baltzer~ Building In-
spector, Building Department; Michael Brodeur~ Aud1tor~ Finance Department;
John Nicholson and Samuel Willi~ F!rerighters~ Fire Department; Kenneth Cable~
Dock Attendant~ Marine Department; Jesse Trueblood, Groundskeeper~ Parks and
Recreation Department; Kurt Van Drie, Police Patrolman~ Police Department;
William Trullard, street Sweeper, Public Service Department; James Conn and
Cleveland Bailey, Sanitation Workers, Sanitation Division, utilities Depart-
ment. Commissioner Williams moved that the above named persons be accepted
into membevship as recommended. Motion was seconded by Commissioner Wachtler
and carried unanimously.
There being no further busines6~ the meeting adjourned at 5~15 p.m.
Attest:
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CI'rY CO~;USSION !-lEE'rING'
SI:P'fEHstR 21., 1973
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Public Hoa~inp.s,
AGEUDA
. crr'! CO:1HISSIOH t1tE'l'ING
SEPTEHaER 2~, 1973
1: J 0 P .11 i
Invooa tion
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1.Zonin~ Ord. Amondmunt, (new, soo1:ion
Urban Centers)
Keporta from City ~1ana&cr
I
Introduotions
'Minutes ,of Preoeding Meotinns
Public Ueal"'inga
l~eports from Ci ty Nan~gcr
Reports from City ~ttornoy
Citizens to bo' Heard
,Other Commission Action
Adjournment
Meeting P~n6ion Plan ~rustees
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Aoceptanoe & Rofer~al of~oninB Cnango
RequQst (Wyatt Jonos, Jr.) ,
Contd. - Recommendations on continua tion9,
withdrawals, & whon reps. do not appear
(publio Heal"inll Items)
Pierce Stroot Extonsion
Paving, ,Curbs' & Drainage on Evergroen
Ave.' from Druid Rd. BOO ft. North
S.P.JoC. Agreemont for Use of i1orning-
side Pool . .
Report on Dr~dging of Clearwater Pass
Channel by Corps of ,Engineers
Approval of Change Order #2 'Sidewalk
Construction> '
Hon tgosnery ~'larcl
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Reports from City Attorney
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Ord. #1~78 -Annexing & Zoning Lot 1,Bl D,
Tomple Ter~acc 1st Addn, "Hender6on et'al)
Resolution - Payment to Briley, Wild 'Util.
Rev. Ctfs. Series of 1972, " . ..
Contd - Auth. Excc. of AGmt. for Use of
i-Iorningside POC?l by S.P.J.C.
Au th. Exec. of Svc. Agrnts. with Florida
Gas 'rransmission Co. for General Service
& Preferred Interruptible Resale Service
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