12/10/1973
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CITY COl.1HISSIQH MtI::TIUG
Oecembo~ 10, 1973
Tho City ,Commission of tho City of Cloarwater mot in special sassion at
the City Hall" ltonday, Docembor.l'O, 1\173, at 1130 p.m., with the following
members present:
li. Everett Houf}Qn
~Uonald S. Will.ams
Joseph Carwise
I~ick Hall
:1ayor -Commi s s 10 nero
Conunissionor
Comrni s B 10 ncr
Commissionor
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. Absent:
Richard D. Wachtler
Cornmissionot1
Also prosent wore:
Picot B. Floyd
Hcr>uert [1. Drown
;'lax Battle
Jack Woll e
Maj. Wm. 11. McClamma
City Hanager
City Attorney
City J.:n~inoer
Chiof Planner
Repr>esonting Police Chief
l~'Commissioner Williams arrived at l~ 50 p',m.
The Mayor cal16d the meeting to ordor. Tho invoaation was given by
Rabbi Arthur Baseman oETemple Bnai Israel.
liINUTES
Commissioner Hall moved that the minutes of the regular meeting of
rfovember 5th and the spacial meeting of' Novomber 13th be approved as recorded
and as submitted in wri tton summa.tion by tho Cler>k to oach Commissioner,
110tion was seconded by Commissioner Carwiso and carried unanimously.
ITCH ~l - Consideration of this i:tem was deferred pending applicant's'
arroival.
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1T1;,1 112 - A pu'blic Hearing on Request for Annexation and Determination
and Establishment of Zoning and Fire District Classifioation. (Continued
from Commission meeting of August 20, 1973; r>eschedulod for, publio hearing
on December lOth at Commission meeting of October 22nd.)
Tract A less that part in city, 1"1. A. 'Smith1s llayview Subdivision, with
CG (general business) zoning anu Fire Uistrict No. It - J. NaIl.
The City Manager summar>ized pr>cvious Commission consideration oE this
request and explained the.reason for continuance to the present public hearing.
He repo1"tcd tho Planning and Zoning Doard recommendation for R'1H (mobile home
park) zoning in lieu of the CG (general business) zoning requested by the
applican1:. The Planning and Zoninr. t1oaY'd also had recollunended that a~plicant 's
mobile home property (contiguous on the north and within the City liml.1:s) be
rezoned RMH from its present CG zoning,
Hr. Bruce Harlan, attorney and applicant '5 rGpresentative, emphasi~ed
applicant's desire for CS zoning and stated intention to withdraw request for
annexa tion if CG zoning were to be. denied. Tho Chief Planner '11r. \~olle)
sta ted that the applicant's mobile home property now in the City rc?resented
a legal non-conforming use under the established CG ~oninB. Speaking on the
history of the existin3 City boundary (which separates the two Hall parcels),
Mr. James B. Nall, owner, explained that the City many years ago had incor-
pora1:ed 330 ft, north and 330 ft. south of centerline of Gulf-to-Bay Boule-
vard. He expressed the conviction that zoning for his total property should
be consistent with the CG zoning now in effect for properties under similar
use in this area. He stated that the trianguldr parcel specified in the
present annexation request now contained 6 or 7 traileros. that no additional
u'ailers would be added to this property, and that he had rocquested annexation
on tho basis of a City Engineering Department suggestion for annexation
because of recent hookup with the City sewer system.
Responding to comman1: from Commissioner Hall, the City Attorney stated
that the Commission could legally grant CG zoning with allowance for non-
conforming use as a mobile home park.
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Commissioner Williams arrived at this time '1:50 p.m.).
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CITY COmtISSIOH HEi:'nUG
December la, lY13
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Commissionor' Uall oxpr.esBod his ooncorn for adding to tho existing non-
conforming usa in tho aroa ,and~ statod that ho would prcfor to accept the
Planning and Zoning Board rocommendations. 'S,tating that he had no objection
to annexation of tho proporty under CG zoning but could not ondorse non-
oonforming usa as a mobilo homo park, ComIlli-saionor Hall movod to aco~pt tho
PlanninB and Zoning, Board rocommenda'tions with zoning of both parcels as
RliH zoning, Ho'tion was seconded by Commissioner' ~Villiams. rOllowing the
applicant's sta 1:ement that such zonina would bo unaccepta.ble. and 'the City
Attorney r S sta tomont, tha t an effective Commission action would requiro the
applicant's anreement, Commissioner lIall withdJ:'ew his m01:ion.
Commissioner lIall then movo'd to accept the applicant I s withdrawal of
his application, without prejUdice. Hotion was seconded by Commissioner
\~illiams. This motion also wan withdrawn by Commissioner Hall aftor further
discussion durinn which lir. Nall emphasizod his conviction that the property
should be z.oned CG and 'that 'tho Comlnission should complete its considera'tion
on this basis. Commissioner Hall movod for denial of annexation under CG
zoninu. l'lotion was seconded by Commissioner Hilliams. Commissioner Hall
'votod in favor; Commissioner's ~yilliams and Carwise and aayor Hougen were
opposcd. Jlotion failed to cilrry.
Statinn his preferonce for granting the owner's request for CG (general
business) zonine with non-confoI'minu use authorized, Commissioner ','/illiams
moved that the roquest for anncxa'tion by James U. Nall for CG zoning and Fire
District No. 1 Classification, be approved subject to the restriction tha't
this non-conforminr. usc would bo discontinued and no lonBc.r permi ttad once
the trailers have bean removed from tho property, and that the City A't'torney
be instructed to include this in an amendment to the ~oning Ordinance to bo
'brought back to this Commission for approval as soon as possible. l1otion
was soconded by Commissioner' Carwise. Following fUrther discussion, Commis-
sioners Williams and Carwise and :Iayor Ilougon voted in favor; Commissioner
Hall was opposed. Hotion carried.
ITErl #1 - A Public HearinB on Zoninl1 Amendment. 'Continued from Commission
meeting of Ootober 1 t 197 J; rescheduled for pUblic hearing on :1ecember 10th
a t Commission meetinB of October 22n:1.)
Lots l3 and 14, Block E, Pinebrook SUbdivision, Unit 2, from RS-50 (single
family) to CG (general business). - L. Gomes.
The City Xanager GumfMrized the reasons for continuance and reported the
Planning and Zoning Board.recommendation for approval subject to a covenant
for continued office usage and setbaCK in accordance with PS (professional
services) standards. The Board had recognized that the request is compatible
with recent changes in the area although the zoning requcsted is not in'con.
formance with the Compr'ehansive Plan.
Hr'. J. H. ford, tenant of the pr'operty and applicant's representative,
requested a continuance to the next meeting of the COlrunission (December l7th)
in order to explore the possibility of acquiring a parcel of land abutting
this property reported to be City owned.
Commissioner Hall moved to continue further consideration of this request
to the Commission meoting of December 17, at I:JO p.m. j'lotion was seconded by
Commissioner \~illiams and cat'riad unanimously. Co.nmissioner Ball requested
tha t the City Engineer examine the area and report whether flood and drainage
control may be affected by the property under consideration.
I'rEH #12 - Resolution #13-161 - Opposing IIf Proposed l1at'ina Licensinc
Regulations.
The City Hanager reported tha't proposed marina licensing regulations had
been presented for public hearing at a recent meeting of thc Board of Trustees,
Internal Improvement Fund 'IIF). The proposed reBulations under Title 16-2.164
would establish a system of fees for 6llbmerged lands used by marinas, substan-
tially increasing marina operation and construction costs. Because of the
short notico received concerning this public hearing, the Harbormaster had .
represented the City in advance of Commission policy determination and had .
presented a statement expressing his personal views in opposition to the
proposed regulations, pointing out the adverse effect on additional marina
construction anticipated from ~he proposed fee system. Adoption of an appro-
pria te resolution expressing Commission opposition to the proposed regulations
was reconunended by the City 11anager.
Commissioner i~ll moved that Resolution d73-l61 be passed and adopted and
that the appropriate officials be authorized to execute'it. Hotion was seconded
by Commissioner Williams, urging vigorous presentation of the City objections.
By unanimous vote the motion carried~
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CITY CO.,ti'1ISSION 11tETIUG
UeCQmbo~ 10, IU7J
ITtH N3 - Orange Grove Acquisition.
Report of thG Oranga Grove Acquisition Committoe, dated Novembor 26, 1973,
was prcsented for considora tion. Assistant City :'lanagcr (:-tr. Zussy) and tho
City Environmontal Plannol' (;,11". Konton) commonted on tho findings and reported
that purchase of o~annQ grovo proporty within the Clcarwa tel' area was not
generally fea,uiblo uecause of coats Gxcooding banefi ts. Tho 11ayot' stated
that additional information was nooded for Commission reviow. Commissioner
~1i1liams suggosted that this item be tabled ponding tho dovo1opmcnt of addi-
tional informa tion with a recommendation concerninr. optimum sizo for prospective
grove acquisition.
ITr;;1 #4 - RatI'O Refund - Goneral Lia,bili ty and ~"Ol"kmen' G Compensation
Insurance.
IiI'. Bruce Taylor, BI'uce Taylor Inc. t presented the ;layor a refund oheck in
the amount of $~ 6, 978.00 as a rofund under general liability and workmen's .
compensation insurance. Total refunds now amount to moI'O than $134,000 on City
premium payments. Commissioner Hall axplainod that the refund points up the
City's excellent record in loss experience from its safety prograrn.
ITE'.1 115 - Arnendmont to Existing BuilJinp, Permit - Cheazern Development Corp.
The City Hanagcr presented recommendations for> modifying' the existing ,
building permit to allow this developeI' to construct a second 19-story building
at the Sand Key development site in considoration of a r>cduction in height
from 24 to 19 stoI'ies (l65 ft.) on the building now approved for construction.
Compromise with Cheozom Development Corp. was worked out as a result of the
recent (N'ovember 5th) Commission action establishing lI'l1aximum height 'limitation
in RM-34, -44 and -54 zones. The rocommenda tion presented would recognize
existing City appI'oval for the constI'uction equiva1e.nt of the fir>st 5 floors
of the second building (40 units eliminated from first building construction)
and would restrict release of cOI'tificatcB of occupancy for the additional
14 floors until January 1, l~76, unless the City could supply utility services
at an earlier date. CommissioneI' Carwiso suggested that the City miBht have
the authority to limit the building height to l50 ft. The Cllief PlanneI' (Mr.
Wolle) stated that lO% additional was pormissible in this zona because of the'
code's waterfront bonus provision. He stated that the compromise recoJ/unendod
in limiting the 2 buildings to 19 stories and a height of 16S ft. would not
increase the total number of units planned foI' this dcvelopment. The Assistant
City !1anager (Nt'. Zussy) stated that the applicant had agreed to amend the
construction plans to conform with recommendations p~esanted and reported
that the Utili'ties Director had expl"essed confidence that the City could mee1:
the potential addi 1:ional r~quiremcnts by January, 1976. ~lr. Albort C. Werly,
attoI'ney and developer's repr>osentative, agreed with the basic recommendations
presented. Co~nissioner raIl requested tho City Attorney to prOVide full
protection foI' the City in execution of the permit agreement wheI'eby the City
could not be held liable for potential inability to Ineot the anticipated
utility service requit'oments. .. .
Commissioner Williams moved that thc Hanagor'e; compromise rccommenda,tions
of November 27th be appt'ovcd, that the City AttornGY be instructed to prepare
the appI'opI'iate implementing agreement, and that the appro?riate City officials
,be authorized to execute it. I'lotion was seconded by CommissioneI' Hall and
carried unanimously.
ITEM #6' - Request for Beverage Zoning - Steak and Ale Restaurants of
America, Inc., 39l U. S. 19 S. (Sec. l8-29-16) ,
The City ~anagcl' su~narizod the applicant's request
to permit on-pl"emises consumption of alcoholic beverages
recommendation for approval.
Commissioner Williams moved to
direct the City Attorney to prepare
ordinance for .Commission approval.
and carried unanimOUSly.
for zoning classification
and reported staff
approve the reqUQst as recommended and to
the appropriate amendment to the bQvc~age
Hotion was seconded by CommissioneI' Hall
, ITEH #7 - Policy, PI'ivate Group UsaBo - H.oss Norton Recreation Center.
The .Ci ty Hanagor pI'esented his pol icy recommendations: consumption of
alcoholic beverages by private parties permitted; sale of alcoholic beveraGes
prohibited. Ha reoommend ed that the pol icy be 1 imi ted to the Ross Horton
. . RecrGa tion Can'tor.
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cn'Y comlISSIOU :-IEC'rlNG
Deoembor lOt 1973
Commissioner 110111 moved to a pprovc tho City l1anaUcX" s rooolRlnonda t ions,
I-lotion waG seoonded by Commissioner Williams and oarried unanimously,
Cornrni6sioner Ct\t'wiso requested that the. City lianagor invostiaato tho
potential of pt'ovidinn an additional recroational buildinU at this centor,
I'rEN I/O - Authorization to Obtain County Permit and Bids fot' Lift Station
and Sanitary Sowors to sorvo Woodorest Avonue between Druid and Jeffords,
'rhe Ci -cy ['Ianagor summarized racolrunenda tion6 for inatalla tion of sewars
and construction of the supporting lift station for properties on Woodcrast
Avenue. The City En~inoer explained the requirements and emphasiz.ed the
advantage in inatal11ng sewar lines prior to county paving of Woodcrest
Avonue, Ho reviewod the anticipated costa and planned future assessment of
property owners for their prorated share of construction costs,
Commissioner Carwise moved to approve the City l-lanager's recommendations
tha t the City Engineer lJa authorized to obtain the appropriate County construc-
tion p~rmit and be authorized to solicit bids for a lift station and sanitary
sewers to serve Woodcrest Avenue lJetwcen Uruid ~oad and Jeffords Street.
Hotion was seconded by Commissioner Hall and carried unanimously,
The City Attorney prcsented ~esolution "73-162 which would authorize the
county to improve \'loodcrest Avenue from Druid Rd, south to its terminus as
an assessment project. commissioner Carwise moved that Rcsolution 1173-162
be passed and adopted and that the appropriate officials be authorized to
exccute it. "Iotion Was seconded by Commissioner Hall and carried unanimously.
ITEl1 #9 - Approval of Contract for Acquisition of Phillips' Property for
Library Expansion. (E. 75 ft. of Lot 2. Jefford's & Smoyer's 1st Addn, to
Clearwa tor)
The City Manager summarized staff recommendation for acquisition of the
Phillips' property for tho main library renovation proCram and reco~nended
execution of a land contract for this property at the appraised value of
$78.700.
Commissioner Itall moved to approve the ;.tanager's recommendation and to
authoriz.e the appropriate City officials to execute the contract, [-totion was
seconded by Commissioner Williams and carried unanimously,
Commissioner Carwise requested a status report on potential acquisition
of property for the East Clearwater library.
ITEM #10 - Request for Increase in Taxi~ates.
The City'i1anager pl"osented staff recommendations for approval of taxicab
rate incrcases. suggesting that the first Commission rneetinu in January lJe
set as the date for pUblic hearing.
Commissioner Carwise moved to set the da. to. of January 7th at 1 ~ J 0 p, m,
for public hearing on prospective taxicab rate increases. 110tion was seconded
by Commissioner Hall who roquested a report on rate schedules now in effect
in other municipalities. 110tion was voted and c&rried unanimously.
ITEH IJll - Requost to City for QuitClaim Dcc.d - Lo ts land 2. Alfred
Ennis Subdivision. - R. Hiller,
Staff recommendations werD presented by the City Manager, In essencc.
the City would convey ti tlo to I.tr. and ;'lrs. :.larcus C. Johnson at the
stipulated price of $5.100 an1 refund the a.mount of $3,701 paid by HI', and
I-1rs, Rudolph I.tiller at the time this property \-Ias sold by the City. Proposed
action is open to the City by virtue of a reverter clause contained in the
deed of conveyance, self-executing if the purchaser (Miller) failed to obtain
a building permit and commence construction \-lithin 6 months from date of the
deed CHarch 15. 1972). The Building DirectoI' has affirmcdn,~lJ.at construction
was never started, A quit claim deed would ~ be issued.~'
Cc;nmissioner Carwise moved that the City Manager IS recol/ullenda tions be
approved and that the City Attorney be instructed to'prepare the necessary
legal releases and documents to permit compliance with the :.tanager I s recom-
menda tions. 110tion \-las seconded by Commissioner ','o'illiarns and caI'ried unani-
mously,
ITEH 1113 - Bids:
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a. Tractor & 2 rront-Bnd Loaders - Item 1, Brooking Ford 1ractor
Co" It:learwatcr,, (low bie.!): $4.757.00. Item 2, Joseph L.
Roz1er Nachincry Co" Tampa, 'third lowest bidder, low bidders
did not meet specifications): $24.2~5.00. Item J. Gre&t
Southern Equipment Co.. Tampa. (low bid): $5.550.00, Grand
Total: 034.602,00,
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eI'l'" CO;':iISSION i.JEE'l'IHG
Oocolnbar 10. 1973
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b. Traffic Signals for Traffic ~nginaaring - Transyt Corp.,
^tlan~c1., Ga., (low bid): $3.325.UO.
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Tho City t1anaucr aUlIltnal'!zcd the biddinu on Items 13a and lJb and I'ocom-
mended awards a.s inJicatod. Commissionar Hilliams moved upon 'tho recommendation"
of tho City Manager that contracts for Items IJa and lJb bo awarded to the bid-
ders in tha amounts indicatod abovo, which arc tha lowast (oxcept as indicated
abovo) and best rosponsible bids, and that tho appropriate officials ?f the' '.
City bo authorized to exacute said contracts which shall be'in accordance with
tho plans, specifications and bids. i-lotion was seconded by COlluniasioner
Carwiso and carried unanimously.
c. Employee Christmas Gift Certificates - Winn Dixie, $2,750.00;
Publix, $2.750.00 - Grand 'rotal: $5.500.00.
Tha City 11anager recommandad purchase of Christmas Bift certifica tea as
indica ted. Commissioner \oJilliams moved to approve the City :'lanaBcr' s recom-
mendation for purchase of Christmas gift certificates as indicated above. and
that the appropriate officials of the City be authorized to execute the
necessa!'y purchase documents. [1otion was seconded by Commissioner Carwise
and carried unanimously.
I'rEH 1I14 - Other Engineerinu ;'latters.
Ho items presented.
ITEM #15 - Verbal Reports and Other ?ending Matters.
No i terns", presented.
ITEM #16 - Pending Repo~ts from City Attorney.
'No items presented.
ITEM #17 - Pending Reports from ~ayo~.
The Hayor recommended appointment of are Stephen Nall as Associate City
Judge to f ill the unexpired torm of tho la te Richard Stewart. The City
Attorney concurred in this appointment and stated that 11r. l~all could begin'
his duties immcdiately.
COllunissionor Carwise moved to approve the :'1ayor's recommendation for
appointment of Mr. NaIl to the position of Associate City Judee. Hotion was
seconded by Commissioner \~illiams. COIlunissioner Hall requested a postponemant
of one week in order that he might meet with Hr. Hall. COlmnisGionor Carwise
withdrew his motion, with Commissioner \~illiams concurrinu. Continuance to
the Commission meeting of Uecembcr 17th, at 1: 30 p.m., was approved by consent.
I'rEl1 iIl8 - Ordinanca #149U - AmendinB Sub-Para(iraphs OJ) and (10) of
Section 4-lB2re1atinp. to Intboxicating Liquors. - First Reading. Sec. 18-29-16
& part Lot 1 , BlackDurn Su .. '
The City Attor~ey presented Ordinance #1~90 for first reading by title only.
Commissioner Hall moved that Ordinance Ol490 be read and considered by title
only on the first reading by the unanimous consent of the Commission. ('lotion
was seconded by Commissionct" Carwise and carried unanimOUSly. The Ordinance
was read by title only. Commissioner Hall moved that Ordinance H1490 be passed
on its first r-cading. 110tion was seconded by Commissioner Carwise and carried
unanimously. .
I'fEH U9 - Ordinance il1491 - Amending Zoning Atlas of City. - First Reading.
The City Attorney presented Ordinance #149l for first reading by title only.
Commissioner Hall moved that Ordinance ~1l. 9l be read and considered by title
only on the first reading by the unanimous consent of the COlIunission. l1otion
was seconded by Commissionar Carwise and carried unanimOUSly. The Ordinance
was read by title only. COllunissioner Hall moved that Ordinanca #1491 bo passed
on its first reading. l-1otion was secondad by Comrnissionar Carwise and carried
unanimously.
ITEN 1120 - Ordinance Hl!J92 - Annexing and Zoning Lots E, F. G. 11 and I,
Rolling Heights Subdivision and Portion of Section la-29-l6. - First Reading.
,The City Attorney presented Ordinance #1492 for first reading by title only.
Commissioner Williams moved that Ordinance 111492 be read and considerad by
tit:le only on the first1reading by the unanimous consent of the Commission..
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