19640715r

REGULAR MEETING OF THE CITY COUNCIL HELD IN THE CITY HALL OF NAPLES, FLORIDA,
WEDNESDAY, JULY 15, 1964, AT 9:00 A. M.
Roll Call:
Present: Archie Turner, Mayor
Robert L. Combs
Goodloe McDowell
M. J. Casey Miller, Councilmen
Absent: Francis Ford
Carl 0, Hoffmann
Joel Kuperberg, Councilmen
Also Present: Vincent P, Wood, Jr., City Manager
David C Spingler, City Attorney
Bert L. Pinkston, Building-Tax Official
W, Ru Wilson, City Engineer
Julius Lesser, Recreation Director
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Fred Winter, Fort Myers News-Press
David Lyon, Collier County News
Rev, David Lanier
Mike Powers, Miami Herald
Thomas R, Brown
John lammuri
Henry B. Watkins, Jr.
Members of All Star Little League
Mayor Turner welcomed and recognized individually each member of the All Star
Little League selected to compete at Sarasota. He expressed appreciation of
the City of Naples, the managers, and the some 250 other boys participating
in the Little League program for support of the recreational program, Each of
•theu'slx pa i r-ticip'atin4 teams were represented.in this group Of AllEStaes;
L.
Following invocation by Rev. David Lanier, motion made by Mr. McDowell, seconded
by- Mr. Combs, that theHminutes , of the ReqularMeetinq of July 1, 1964, be
approved as presented, and the reading thereof dispensed with, Motion carried.
Agenda Item 3. Reports:
(a) Zoning Board . of LAppeals ,(1) r - Appeal No. 117
from Rutenberg Construction Co. re. rear yard variance of approximately 10'6"
for construction of covered bdat slip at : Lot 5, Block 11, Agualane Shores No.
6 (1922 - 5th. Street South). With'motion made by Mr, McDowell,seconded by
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Mr. Combs, Oe decision of Zon-ing Bomcat-ofiA'ealt-uhcateofJulis_
was approved, and Appeal No. 1 17 denied, Motion carried.
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Item 3 (a) (2) Appeal No. 1 1 F 1 (continued)''from Mr. and Mrs. George M. Galt,
re. side yard variance of 10 feet for proposed residence at 19th. Avenue South,
between 1st. Street South and 'Gordon Drive. With mot)o% bx Mr, _McDowell,
second by Mr. Combs, decision of : Zoning toard'of AepealS dated July 10, 1964,
approved. and Aepeal No. 111 (continued) granted. ROI] Call vote:
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Mr. 'Combs
Mr.A4cDowell
Mrs. Miller
Mayor Turner
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Aye
Aye
Aye
Aye
Motion carried,
Memorandum to the Mayor and Council from Zoning Board of Appeals dated
July 10, 1964 was duly noted, in which Council was requested to clarify
Section 28-143 of the existing Zoning Code of Ordinances (Section 28-127
in the new proposed ordinance) as to intent regarding Zoning Board of
Appeals authority. This item to be further discussed at the August 5th.
meeting.
Agenda Item 3 (b) Sign Committee. Councilwoman Miller having been
absent from the City due to her husband's illness was not familiar with
the sign requests and not prepared as a Committee member to make recommendation to Council so moved that the item be stricken from the agenda,
to be replaced on agend - for August 19th, meeting. Motion seconded b
Mr. McDowell, and carried. Mayor Turner took this opportunity to welcome
back Mr. and Mrs. A. B. Miller to Naples following Mr. Miller's recent illness and successful recovery.
Item 3 (c) Parks Board. City Manager Wood reported verbally on the
meeting of the Parks Board held July 6. at which time two items were
discussed - (1) the tree planting program for this summer which involved
five projects as outlined by Manager Wood, the first being 10th. Street
that is not planted from 5th. Avenue South to 17th. Avenue North, Water
Plant No. 2. Mr. Wood had recommended, and the Board approved, the
placing of sabal palms along this street for the reason it is a slow
growing palm with very low maintenance and would not interfere with utiliIn conjunction with this, additional
ties, particulary the overhead wires.
fill will be placed around the lake at Water Plant No. 2. Project No. 2
involved the ficus trees, particulary on 8th. Terrace and 9th. Avenue
North, in Lake Forest. The recommendation was that every other tree be
removed and that they be planted on Crayton Road in the Moorings where
there is more room. The trees being taken out will be replaced by good
sized palms so that in time the area will be rid of the ficus trees.
Project No. 3 was to take the smell cocus plumosis palms and plant them
along 5th. Avenue North going into the City shop area with the idea this
street could be used as nursery stock to be thinned out as the palms get
larger. The palms had been removed from the Cambier Park nursery because
of the drainage line being installed. Project No. 4 would be to thin
out some of the mahogany trees on Crayton Road in Coquina Sands and use
them in Lake Forest where there are trees missing. No. 5 - taking every
other ficus from 8th. Avenue North between 10th. and 13th. Street and
replace with a tree that would be less harmful to the sewers and eventually rid them entirely on that street. The serond item on the Parks
Board agenda was that of the Australian pine situation, the Board feeling the City should work in conjunction with the Naples Mosquito Control
Board to arrive at some method of controlling the pines now in existance
and an ordinance that would prevent further planting. Motion b y Mrs.
Miller, second by Mr. McDowell acknowledoting the reeort of the Parks Board,
Motion carried.
Agenda Item 4. Old Business (a) Appointments to Parks Board, Recreation
Board and Airport Zoning Authority. Decisions not having been reached
- 3 as to appointments to Parks Board and Recreation Board, motion made by Mr.
McDowell, seconded by Mr. Combs to strike the item from the agenda. Motion
carried.
Councilman McDowell moved that Mayor Turner and Councilman Kuperberg be appointed
to the Airport Zoning Authority, Motion made by MT. McDowell, seconded by Mr.
Combs, instructing City Attorney Spingler to prepare a Resolution • requesting
County Commission to establish this Board and appoint two members of the
Commission to serve with the two members a..ointed b the Cit Council all in
accordance with Florida Statutes. Motion carried, and Resolution No. 1077
approved when presented by Attorney Spingler,
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Item 4
Consider action on first recommendation of Off-Street Parking
Committee, Mayor Turner stated Councilman Hoffmann had requested that no action
be taken until his return to the City and read a letter from Chairman Bell
requesting Council to act on recommendations in the first Parking Report, to
be supplemented upon his return to Naples in August, after further research of
the parking problem has been made. With Councilman Kuperberg's request also
to be present when action is taken"by Council, motion made by Mr. McDowell,
seconded by Mr. Combs, and carried, that due to the requests of Councilmen
Hoffmann and Kuperberg, absent from this meeting, the item be stricken from
the agenda and replaced on the agenda for the next regular meeting on August
5th.
Item 5. New Business: (a) Receive Bids 10:00 A.M, - Recreation Department deferred until 10:00 A.M.
Agenda Item 5 (b) Seawall Permits. With Mr, Wood's explanation that he places
this item on the agenda for each meeting in order that should applications for
permits'be made, no delay would ensue, motion made by Mrs. Miller, seconded by
Mr. McDowell, and carried, that the item be stricken.from the agenda due to
the • fact ,no,permi ts have been requested.
Item 5 (c) Correspondence. (1) Mayor Turner read letter from Naples Mosquito
Control . Boardjrequesting,Councit_consideration of . an_ordinance whiclh_woujd
probibi .t. theAlanting of .Australian. Pines and removal or trimming Pf...6)0Sang
tre q s , P3 that effective jnsect_control can,be obtained. ( 2 ) A letIer con,
tinuing protests of par king of trucks and other equipment in front yards of
i-esidences, . s P eci. fi C all Y to ownership of property on 3rd. Street South.,..81ock
20, Tier 3, read by Mayor Turner. This item now being considered as.a'Ort
of_the . proposed new zoning ordinance, no further discussion on the subject.
(3) Letter from Junior Chamber of Commerce requesting Council consider an
increase in the 1964-65 budget to provide additional funds for publicizing
and promoting the tourist economy. (4) Letter from Naples Civic Association
re combining City and County Tax offices with decision as to time of change
left to discretion of Council.
(5) Attorney Spingler presented to Council
the Opinion of Circuit Judge Archie M. Odom in which he ruled against the
City of Naples in favor of the Vincent . M. Conboy suit, Case Numbers.
and
1901, and pronounced Ordinances 400 and 615 of the City of NapjesjInv .a. 1 .0 and
unenforceable; directed the taxing authorities toTeassess . theAtopertY owned
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by the developers involved in the litigation for the years 1962 and 1963
and assess these properties for tax purposes as would have been done had
the contracts never axisted. Attorney Spingler explained procedures to be
taken should appeal be made and relation to preparation of a dual roll to
be produced by Tax Assessor-Collector Bert Pinkston before meeting of
Council as Board of Equalization on August 11th. Mayor Turner recommended,
and Council concurred, that Attorney Spingler be authorized to consult
with counsels for the developers involved and to return to Council recommendations re an appeal.
Manager Wood corrected a statement of the news media reference lower water
rates charged in Isles of Capri by an independent system, than those of the
City of Naples. The rates for the City of Naples are: $ 3.00/1st. 3000
Isles of
gal. inside City, and $ 4.50/1st. 3000 gal. outside City limits. Capri are: $ 6.00/1st. 3000 gal. Mr. Pinkston asked opinion of Council as
to what disposition should be made of the septic tanks now on the
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properties of those owners presently being connected to sewers. discussing steps that can be taken as health measures to enforce cleaning
out and filling up of the septic tanks, City Attorney Spingler advised the
City might advise but not command. Mr. Pinkston was authorized to
sufficiently notify the public of the hazards connected with failure to
comply with the request.
Returning to Item 5. New Business:
Receive bids (10:00 A.M.) on
(a)
chairs, chair carriers and understage trucks for Recreation Building.
Bids opened and read by City Manager Wood, as follows:
(1) 275
Shepards
Naples, Florida.
folding chairs (2) 45 stack (3) chair (4) underchairs
carrier
stage
truck
$ 3,080.00
$ 708.75
Furniture Fair
Naples, Florida.
519.00'
$ 20.00'
Institutional Sales Co.
Fort Lauderdale, Florida.
576.00
25.00
573.30
6.50
American Seating Co.
Atlanta, Georgia
2,513.50*
Motion made by Mrs. Miller, seconded by'Mr. Combs approving Manager Wood's
recommendation that bid be awarded to Furniture Fair for (2) 45 choirs,
stack fiberglass and (3) 1 chair carrier to lift stack chairs, and that
bid be awarded to in nerican Sooting Company of Atlanta for (1) 275 chairs,
folding metal with upholstered seats, and (4) 4 understage trucks to
store folding chairs; necessary funds to be transferred from the Contingency Fund. Motion carried.
$ 190.00*
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Mayor Turner presented under Correspondence a late communication from the
Exchange Club of Naples in the form of a Resolution passed by the Club on
July 6th. in which request was made for consideration by Council to enact
an ordinance increasing the occupational and business license fees
presently levied against firms in the City and appropriating a portion of
the gross revenue collected to be used solely for advertising and promoting
the tourism industry in Naples. . This communication was acknowledged by
Council.
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Meeting adjourned at 10:15 A. M.
km..01
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,LA4L/IA)
Elsie Lehman, City Clerk
Archie Turner, Mayor
NO.
117.
ZONING BOARD OF APPEALS
IN AND FOR THE CITY OF NAPLES, FLORIDA
DATE OF HEARING BEFORE BOARD APPEAL FROM
RUTENBERG CONSTRUCTION CO.
July 7, 1964
9:30 A.M.
IN RE:
Rear yard variance of approximately
10'6" @ Lot 5, Block 11,
Aqualane Shores #6
(1922 - 5th Street, South)
for construction of covered boat slip
SUMMARY OF FACTS:
Permit denied by Building Official because boat slip is less than
15 feet from the main dwelling.
FINDINGS OF BOARD:
Motion was made by Mr. N. Wallingford that the decision of the Building
Official be affirmed and, that the decision of this Board is that Appeal No. 117
be denied. Motion was seconded by Mr. H. B. Watkins, Jr.
ROLL CALL VOTE:
Mr. Reardon, aye; Mr. Wallingford, aye, Mr. Watkins, aye;
Mr. Bremerman, aye. Motion carried with no dissenting vote.
REASONS IN SUPPORT OF FINDINGS:
1.
The covered boat slip is less than 15 feet from theaain dwelling.
2.
3.
ACTION TAKEN BY CITY COUNCIL:
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NO. 111 (Continued)
ZONING BOARD OF APPEALS
IN AND FOR THE CITY OF NAPLES, FLORIDA
DATE OF HEARING BEFORE BOARD
APPEAL FROM:
Mr, & Mrs, Geo. M. Galt
July 10, 1964
9:30 A.M.
IN RE: Side yard variance of 10 feet
for proposed residence @ 19th Avenue,
South, between 1st Street, South and
Gordon Drive.
SUMMARY OF FACTS:
Permit was denied by the Building Official because setback variance
requested was not needed.
FINDINGS OF BOARD:
Motion was made by Mr. H. B. Watkins, Jr. that the decision of the Building
Official be reversed and, that the decision of this Board is that the Appeal of Mr.
& Mrs. Geo. M. Galt, be granted with a stipulation that to offset the side yard
variance requested on 19th Avenue, South, that the owners agree, in writing, as a
matter of record, to observe a minimum 50 foot front yard setback on Gordon Drive, and,
that this permit be granted specifically on the plot plan submitted. Motion was
seconded by Mr. George Reardon.
ROLL CALL VOTE:
Mr. Reardon, aye; Mr. Watkins, aye; Mr. Wallingford aye;
Mr. Dale Bremerman, nay. Motion carried with one dissenting
vote.
REASONS IN SUPPORT. OF FINDINGS:,
1.
Unique land situation
2.
Lack of buildable land on this site
3.
Keeping in mind site pattern visability, safety factor observed with a
minimum 50 foot front yard setback on Gordon Drive.
ACTION
TAKEN BY CITY COUNCIL: