01/19/1978
CITY COMMISSION MEETING
January 19, 1978
The City Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, January-19, 1978,
at 9:30 a.m., with the following members present:
Gabriel Cazares Mayor/Commissioner
Karleen F. DeBlaker Vice-Mayor/Commissioner
Darwin S. Frank Commissioner
William Nunamaker Commissioner
Absent:
Karen Martin Commissioner
Also present were;
Anthony-shoemaker City Manager
Thomas A. Bustin City Attorney
Max Battle City Engineer
Frank Daniels Police Chief
The Mayor called the meeting to order. The Reverend.
John Burchiaga of the Unitarian Universalist Church gave the
invocation. The Pledge of Allegiance was led by Chief Daniels.
The Mayor requested a moment of silence in honor of Hubert
Humphrey and Lenoir Spivey.
ITEM #3 - Introductions and Awards.
The Mayor welcomed approximately twenty-five students
and their teacher from Lakeside Community School.
Roy Cadwell, author of "A Sparkling City," presented
copies of his book to the Commission.
ITEM #4 - Service Awards.
Seventeen Service Pins were awarded to City employees.
ITEM #5 - Minutes.
Commissioner DeBlaker moved to approve the minutes of
the regular meeting of January 5, 1978, and the special meet-
ing of January 16, 1978, as recorded and as submitted in
written summation by the Clerk to each Conunissioner. Motion
was seconded by Commissioner Nunamaker and carried unanimously.
A Citation of Appreciation was presented to Jessica Kerr
for her work on the Library Board.
City Manager Reports
ITEM #6 - Consent Agenda.
6:1 Resource Development Committee Recommendations Re
" Community Impact Statements.
6.2 Notification of Expirations and Resignations of Advisory
Board Members:'
a. Parks'-and Recreation Board.
b. Board of Adjustment and Appeal on zoning.
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Board of Adjustment and Appeal on Signs.'.
Historical Committee.
Library Committee.
Community Relations Board.
Planning and zoning Board.
6.3 Bid - Edenville Channel Storm Drainage Improvements,
5 bids, low bid, Purcell Excavating, Inc., Palm
Harbor, $6,760.00.
6.4 Quotation -- Complete
Field, 2 quotations,
$5,450.00.
6.5 Change orders:
Fencing for Chesapeake Ball
low quotation, Reeves Fences,
a. #1 (Final), Hercules Avenue Sanitary
Sewer Project, Auto Owners Insurance
Company as Surety for Scott Cole Mechani-
cal Construction Company, reducing
contract $8,137.17 for a total present
contract of $77,016.88.
b. #2, Northeast Wastewater Treatment Facility,
Carl E. Widell & Son, increasing contract
$8,687.82 for a total present contract of
$190,404.22.
c. #1, McMullen Park Tennis Complex, Phase II,
Big K.Construction Company, increasing
contract $11'230.00 for a total present
contract of $145,790.00.
6.6 Request for Rezoning (For Referral): Portion of
Section 30-29-15, consisting of a .11-acre triangular
parcel north of. Isle of Sand Key east of Gulf Boulevard.
Owner, R. C. Development, Inc. Applicant, City.
Commissioner Frank moved to accept all items on the
Consent Agenda for appropriate action and to authorize the
appropriate officials to execute same. Motion was seconded
by Commissioner DeBlaker and carried unanimously,
ITEM #7 - Farmers Market.
The City Manager reported a request from Chairman Rose
Phifer of the Clearwater Downtown Development Board to continue
this item to February, 1978.
Commissioner Nunamaker moved to continue the Farmers
Market item to February, 1978. Commissioner Frank seconded
the motion which carried unanimously.
ITEM #8 - Citizens Dispute Settlement Program. Resolu-
tion #78-9.
Lynn Ball, director, stated the program is designed to
mediate problem situations and to eliminate litigation. It
is a federally funded program and there is no cost to the City
or individuals. The operation is based on'mediation,.concilia-
tion and arbitration by a third party to reconcile two dispu-
tants.
Commissioner Frank moved to delete a portion of the title
in Resolution #78-9, that reads, "and in particular the mobile
home owners and mobile home park owners"; and to delete from
the fifth WHEREAS the words, "including but not limited to
.disputes between mobile homeowners and mobile home park
owners" ; ,, and to delete Paragraph 3 in its entirety and renumber
Paragraph...4.. Motion was seconded by Commissioner Nunamaker.
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Charles Glover and Ron.Greggt Chairman and Research
Chairman of the Mobile Home owners Aenociation,.spoke in
support of the program for minor problems but requested d
City ordinance giving them the right to organize,.supervise
and negotiate with the mobile home park owners.-
Upon roll call, the vote on the amendment to the resolu-,.,
tion was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
Commissioner Frank moved to pass and adopt Resolution
X178-9, as amended, commending the State Attorney for the
establishment of the Citizens' Dispute 'Settlement Program
and encouraging the citizens of the City of Clearwater to
utilize the program to resolve disputes, and to authorize the
appropriate officials to execute same. Commissioner DeBlaker
seconded the motion. Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin,
ITEM49 - Status Report - Auditorium.
The City Manager reported by memo of January 18, 1976,
on the Bayfront Plat Floor Meeting Center Proposal. The pro-
posal had been reviewed as to need, advantages, disadvantages,
financing{and the phasing and timing of other major-improvements
planned by.the City. The report addressed the first three
areas of analysis-with a final report expected in approximately
six weeks. Need, advantages and disadvantages were.discussed
and improvement changes suggested for additional loading facili-
ties and parking.
Commissioner Frank requested a time schedule for imple-
mentation, and alternative financing methods.
Commissioner Nunamaker moved that May 2, 1978, be con-
sidered for a General Obligation Bond Referendum. Commissioner
Frank seconded the motion. Upon the vote being taken, Commis-
sioners Nunamaker and Frank and the Mayor voted "Aye"; Commissioner
DeBlaker voted "Nay." Motion carried.
Commission recessed for lunch at 11:40 a.m. and resumed at
12:40 p.m.
Public Hearings
ITEM #23 - Public Hearings on Requests for Vacations:
a. Vacation of Lots and streets in that part of
Chautauqua Sub. Unit 1, Section B, lying East
of U.S. Highway 19 and North of Florida Power
Corp. ROW in the NE4 of NE4, Section 31--28-16,
and West 30 feet street as shown on plat of
Chautauqua Sub. Unit 2, Section A, Plat Book 9,
Page.146, North and West of Florida Power Corp.
ROW in NA of NW4, Section 32-28-16 - U.S; Home
Corporation.
This.request is for the vacation of all lots and streets
lying between U.S. 19 on the West, the East right-of-way line.
of First Street West on the East, the North line of the`NE4
of the" NE4 of Section 31-28-16-on the North and. the North ! line
"of. Florida Power 'Corporation's 'right-of-way on the South.
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U.S. Home's proposed'plan for this area'shows a new road
network which will not use the existing rights-of-way. t
The various City departments involved'have reviewed the
request and do not object.
There were no citizens to speak.
Commissioner Nunamaker moved to approve the vacation re-
quest as submitted by U.S. Home Corporation, subject to re-
taining a 10-foot drainage and utility easement lying along
the north side of the property and retaining a drainage and ,
utility easement for the full width of First Street West, and to
instruct the City Attorney to include this in an ordinance.
Commissioner Frank seconded the motion which carried unanimously.
b. Vacation of 30 foot ROW less West 20 feet North
of and adjacent to Block C, Drew Heights Sub-
division and vacation of 30 foot ROW East of
and adjacent to Block C, Drew Heights Subdivision-
Trustees of the Skycrest Baptist Church, Inc.
The request includes that 30--foot right-of--way lying along
Airport Drive, and a 30-foot portion of aright-of-way lying east
on Tulane Avenue. A portion of Tulane Avenue is a swamp and
was never paved.
The City departments involved have reviewed the-request
and have no objection.
Donald McFarland, attorney representing the applicant,
stated they had no need for a vacation of the Tulane Road
right-of-way south of Center Street as the Church had not
purchased that property.
There were no citizens to speak.
Commissioner Frank moved to approve the requested vaca-
tion and to instruct the City Attorney to include this in an
ordinance. Commissioner Nunamaker seconded the motion which
carried unanimously.
ITEM #24 - A Public Hearing to consider items to be in-
cluded in an ordinance amending the City Zoning Laws, Appendix
A, Clearwater City Code, as follows:
Amend Article XXXV. ADMINISTRATION AND ENFORCEMENT,
Section 35.07 (5) PROCEDURE FOR AMENDING ZONING ORDINANCE
to permit reduction of posted notices where more than ten-
parcels are involved; permit no posting and no individual
notices where more than thirty parcels are involved; and
provide for two publications of public hearings notice in
above situations.
The City Manager recommended this item be continued.
Commissioner DeBlaker moved to continue Item #24 to the
next regular Commission meeting, February 2, 1978. Commis-
sioner Frank seconded the motion which carried unanimously.
ITEM #25 - Public Hearings on Requests for Annexation:
a. North 500 feet of the East 400 feet of the
West Half (Wh) of the Southeast Quarter'(SEh),
Section 6--29--16, less R/W State,Road 588 (Sun-
set Point Road), with PS (professional services)
zoning and?Fire District #1 classification. -
First National Bank of Clearwater.
This. property is.located on the'south side of-Sunset Point
AROad-'.:about' about one-quarter mile west of U. S.. Hi hway .19 ' and contains
:;.3..9'acres; The., building'-iw under construction.
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The Planning and Zoning Board and the Planning Director
recommend approval.
The Planning Director reported a site plan had been pre-
sented that meets all requirements of the city Code.
Harry Cline, attorney representing the applicant, was
present.
There were no citizens to speak.
Commissioner Nunamaker moved to approve the annexation
and to establish PS (professional services) zoning and Fire
District #1 classification and to instruct the City Attorney
to include this in an ordinance. Commissioner Frank seconded
the motion which carried unanimously.
b. Lot 25, Terra Alto Estates, with RS-50 (single
family) zoning and Fire District #2 Classifica-
tion. - J. Phillips.
The property is located on the northeast corner of
Sandy Dane and Weston Drive and is developed as a single fam-
ily residence.
The Planning and Zoning Board and the Planning Director
recommend approval.
There were no citizens to speak.
Commissioner DeBlaker moved to approve the annexation and
establishment of RS-50 (single family residential) zoning and
Fire District #2 classification and to instruct the City At-
torney to include this in an ordinance. commissioner Frank
seconded the motion which carried unanimously.
c. Lot 2, less the East 200 feet and less State
Road 588, Blackburn Subdivision, with CP
(Parkway business) zoning and Fire District #1
classification. (Sunset North Shopping Plaza)
E. Mendenhall & M. Newell.
This undeveloped property is located on the north side of
Sunset Point Road (S.R. 588) about 400 feet west of U.S. High-,
way 19 and contains 1.634 acres m.o.l.
The Planning and Zoning Board and the Planning Director
recommend approval..
The Planning Director reported the property.would be
used for a strip of stores and commercial parkway zoning was
the most appropriate.
William Johnson, attorney representing the applicant,
was present.
There were no citizens to speak.
Commissioner Frank moved to approve the annexation and
establishment of CP (parkway business) zoning and Fire District
#1 and to instruct the City Attorney to include this in an
ordinance. Commissioner Nunamaker seconded the motion which car-
ried unanimously.
ITEM #26 - A Publie'Hearing on Request for Rezoning the
North 165 feet of the SW4 of the NWT less the West 200 feet
and less street on east, Section 11-29-15, from RPD (residential
'planned development) to RS-50 (single :family residential). ..
''`r'• Republic Mortgage Investment Trust, Owner; City Application.
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This property'is located at 1312 North Highland Avenue
and contains 4.13 acres and was zoned RPD in March, 1973, at
which time building permits were issued and development,of '
the site was begun but never completed. The staff recommenda-
tion is to continue this item to O'uly 20, 1978.
The Planning and Zoning Board recommended the proper.ty
be rezoned from RPD to RS-50.
Donald McFarland, attorney representing the owner, pre-
sented a petition dated January 19, 1978, protesting the pro-
posed rezoning sot for this date and signed by the Vice-President
of Republic Mortgage Investment Trust, the general contractor
of the development and Donald McFarland, Attorney. The petition
was received as Exhibit "A." Mr. McFarland stated he was speak-
ing for the continuance and in opposition to the rezoning. He
cited the history of the project and discussed adoption of the
RPD zoning under an ordinance that had no time frame. The
economy affected the development and the mortgage was foreclosed
in 1975. Since that time his client had complied with the City's
requests and ordinances as they related to them.
Warren Renando, Planning Director, read into the record his
memo of August 3, 1977, Subject: Legal Determination on RPD.
Zoning Case, which included a history of the background of the
property. He stated the property is a spot zoned area of high
density in a residential area surrounded by single family homes,
and it would be feasible to use the property with R8-50 zoning by
dividing it into 15 or 16 lots approximately 65x105 feet.
Mike Mitchell, representing 64 home owners in the area,
spoke in support of rezoning to RS-50 and presented a petition
with 90 signatures and photos of the area, which were accepted
as Exhibits "B" and "C," respectively.
Several citizens of the area spoke in support of rezoning
to RS--50.
Commissioner Frank moved to continue this item to the
regular Commission meeting of February 16, 1978, for consulta-
tion between the various City departments involved and the
owner'of the property to discuss modification of the.plans.
Commissioner Nunamaker seconded the motion. Commissioner
DeBlaker stated for the record that she would support the motion
to allow the full Commission to be present at the next hearing.
Upon the vote being taken, motion carried unanimously.
Howard Groth suggested a
owners be given a copy of the
meeting so that they would be
Commissioner Frank moved
this time. Commissioner Nunm
carried unanimously.
representative from the home
revised plan in advance of the
able to study it.
that Item #27 be considered at
naker seconded the motion which
ITEM #27 - Citizens to be Heard Re Items Not on the Agenda.
Rose Phifer and F,obert nickerstaffe expressed concern
about the County facilities moving away from the County seat.
ITEM #10 - Coordination Agreement with T.B.R.P.C.
This agreement insures coordination and support between
the City and the Tampa Bay Regional Planning Council's efforts
:,to develop a Regional Housing Opportunity Plan relating to
~,the allocation of Section 8'Rental Assistance Funds from the
Dspaitment' of Housing'and Urban Development.
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Commissioner Frank moved to approve the agreement and to
authorize the appropriate officials to,execute same, Commis-
sioner Nunamaker seconded the motion which carried unanimously.
ITEM #11 - Housing Rehabilitation Program.
The Acquisition/Rehabilitation Loan Program (Section 4
of the Operations Manual) has been revised and returned to
the Commission for their approval. The program increases the
established loan limit from $12,000 to 17,500, extends the
repayment period from 10 to 20 years, and lowers the interest `
rate from 6 to 3% per annum.
The Rehabilitation Advance Program was revised to include
dependents so long as they remain the owner-occupant and do not
rent or sell the property after the death of the applicant.
Commissioner Nunamaker moved to approve the revised
Housing Rehabilitation Program as presented in the Operations
Manual dated January 12, 1918. Commissioner DeBlaker seconded
the motion which carried unanimously.
ITEM #12 - Wood Valley - Community Development Funds.
Community Development Funds in the amount of $5,475.00
had been allocated for tree planting in Wood Valley. However,
planting in the rights-of-ways would have interfered with under-
ground utilities and the Home Owners Association has requested
the funding be reallocated to pay for further park improvements.
Funds budgeted for the street program cannot be transferred to
cover alternate items directly but the contingency fund can be
utilized to cover previously assessed programs and then funds
left in the street tree program can be allocated to any other
Third Year approved project when the need is identified., The
Parks and Recreation Director approves the allocation.
Commissioner DeBlaker moved to approve the allocation of
$5,400 of Third Year Community Development Block Grant contin-
gency funds to finance an irrigation system for $1,000, a
bleacher pad for $300, extension of restraining fences for $600
and tennis court lighting for $3,500. Commisisioner Frank sec-
onded the motion which carried unanimously.
ITEM #13 - Beach Parties - Clearwater Beach - WOKF/WTAN.
Similar events were conducted in 1977 and City departments
involved do not object, providing the area is properly roped
off and supervised.
Commissioner Nunamaker moved to approve the request of
William Schricker, Sales Manager of WOKF/WTAN, to rope off a
50-foot section of Clearwater Beach, approximately 100 feet
north of Pier 60, on May 29, July 1 and September 4, 1978,
to conduct beach parties and free band concerts. Commissioner
DeBlaker seconded the motion which carried unanimously.
ITEM #14 - Agreement with U.S. Geological Survey.
The City has been participating in a Cooperative Agreement
for several years, and pays a pro rata share of the cost of'a
continuing survey of ground water and water quality stations.
An urban runoff study, will establish the runoff characteristics
of the major drainage basins.
The City Engineer and the Utilities Director recommend
approval of the agreement.
Commissioner DeBlaker moved to approve the Cooperative
Agreement with the United States Geological Survey for con-
tinuation of the Water Resources Program and the Urban Runoff
:..Investigation Program for fiscal year 1977/76' and to authorize
.the .:appropriate officials to execute same. Commissioner Frank
seconded.-the•'motion which carried unanimously.
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ITEM #15 - Designation of Marine Science Building.
Resolution #78-10.
The Marina Wastewater Treatment plant will be phased out
shortly and the building will become surplus to the City's
need. It will be a suitable facility for the Clearwater Marine
Science Center.
Grant monies may be available to modify the building for
a science center and it the property is designated for that
purpose the proposals may proceed in an orderly manner.
Commissioner DeBlaker moved to amend Resolution #78-10
to read "July 1, 1978" in the second WHEREAS and in the third
line from the bottom. Commissioner Frank seconded the motion.
Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
Commissioner Frank moved to pass and adopt Resolution
#78-10, as amended, clarifying the use to be made of the
Island Estates Wastewater Treatment Plant and to authorize
the appropriate officials to execute same. Commissioner
DeBlaker seconded the motion. Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
ITEM #16 - Extension of RFD Plan - Highland Garden Apart-
ments, 1312 North Highland Avenue (In NWh of Section 11-29-15). -
Republic Mortgage Investors.
The City Manager recommended this item be continued and
heard after the public hearing on February 16, 1978, relating
to the rezoning of this property.
Commissioner DeBlaker moved to continue item #16 to
February 16, 1978. Commissioner Nunamaker seconded the motion
which carried unanimously.
ITEM #17 - Marina Lease Extensions.
Rooms 2, 2A, 3 & 4 - Marine Sales and Yacht
Brokerage (H.Massa)
Room 6 - Barber Shop (Neil Knouase)
Room 8 - Reality & Insurance Office
(Jack Ransom)
Current leasing practices are being reviewed but will
not be completed before the expiration of several of the leases.
An extension will provide time for the establishment of policy
guidelines and will allow all Marina leases expiring in 1978
to be submitted at the same time.
Commissioner Nunamaker moved to approve extension of
existing leases for Clearwater Marina Rooms 2,- 2A, 3, 4, 6
and 8-from January 31,.1978, to may 31, 1978, at current terms
and to authorize the appropriate officials to execute same.
Commissioner Frank seconded the motion which carried unanimously,
ITEM #18 - Positions'in 1977/78 Budget - Consolidated
' Communication Centex.
A'Consolidated Communication Center has been established
and additional.manpower is required to properly serve the
Cities' .of Dunedin,' Largo and Clearwater. ' The-positions were
4'yr,•-'r included:'in, the approved 1977/78. Budget.
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Commissioner Nunamaker moved to authorize the hiring of
three Police Communications Cperators,and one Police Sergeant
to fill budgeted positions'in the consolidated Communication
Center and to authorize the appropriate officials to execute
same. Commissioner DeBlaker seconded the motion which carried
unanimously.
ITEM 019 - McMullen Park Tennis Professional Contract.
This is a renewal of a one-year agreement with John R.
Williams, Tennis Professional, with the exception that the
court fee charge will be reduced to $1 when he is teaching,
and will compensate him on a percentage basis for assistance
at tournaments or special events.
Commissioner DeBlaker moved to approve renewal of a one-
year agreement with John Williams, and to authorize the ap-
porpriate officials to execute same. Commissioner Nunamaker
seconded the motion which carried unanimously.
ITEM #20 - Poll Workers and Their Compensation.
The City Charter requires Commission approval of poll
workers for Catty elections at the rates of compensation
established January 15, 1976.
Commissioner Nunamaker moved to approve the list of
poll workers and their compensation of $40 for clerks and
$30 for inspectors, Commissioner Frank seconded the motion
which carried unanimously.
ITEM #21 - Bids:
By unanimous consent-the Commission agreed to consider
the bids collectively.
a.. Truck Tractor 4x6, 4 bids, low bid, Inter-
national Harvester, Tampa, $34,794.00.
b, Truck Tractor 4x6, 4 bids, low bid, Inter-
national Harvester, Tampa, $33,094.00.
c. Tank Trailer, 3 bids, low bid, Hardee Manu-
facturing Company, Plant City, $15,275.00.
d. Transport Tractor, 4 bids, low bid, M.T.A.
Equipment Corporation, Amelia Island, Florida.
$22,300.00.
e. Modification of Wells 51, 52 and 53, Layne
Atlantic Company,.Orlando, $30,782.64; and
authorization for expenditure of approximately
$6,000 for design, shop drawings and resident
inspection, Briley', Wild and Associates.
Total: $36,782.64.
Commissioner Nunamaker moved upon the recommendation of
the City Manager to award contracts for Items #21-a through
21-e to the bidders in the amounts indicated above, which are
the lowest and.best responsible bids, and to'authorize the ap-
propriate officials to execute said contracts which shall be
in accordance with •the plans, specifications and bids. Motion
was seconded by Commissioner Frank and carried unanimously.
ITEM #22 - Verbal Reports and Other Pending Matters.
Resolution #78-11 - Proposed Amendment to Annexation
Law.
•1/19%78'.
'-J- ',7. a. .1,: - ". f_.• :- :r'- -+n. .,??.?.,~c55v ?. wr?iY.s; 7??n??t'Yr,}'(Fl:?r
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r
The City Manager reported this resolution supports the
repeal of existing annexation procedures and the adoption of
alternate procedures as specified therein.' This is a modifica-
tion of the annexation process and will be presented to the
Tampa Bay Regional Planning Council for presentation to the
Legislative Delegation.
The Planning Director explained the process and stated
it givesthe right of appeal to the individual.
A Florida Annexation Commission would be established as
the judicial body to oversee and adjudge annexations within
the State of Florida.
Commissioner Nunamaker moved to pass and adopt Resolu-
tion #78-11 and to authorize the appropriate officials to
execute same. Motion was seconded by Commissioner Frank.
Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
Construction Purchase Order #78, Emergency Repair
of Sanitary Sewer Line at 1447 Druid Road, 3 bids,
low bid, Purcell Excavating, Inc., Palm Harbor,
$6,220.00.
The sanitary sewer at 1447 Druid Road has collapsed and
completely blocked flow.
Bids have been received from Purcell Excavating Inc.,
$6,220.00; West Coast Utilities Inc., $6,667.00; and Paul
Giuliani Co., $7,200.00; and a Construction Purchase Order has
been prepared for the lowest bid.
Commissioner DeBlaker moved to approve Construction
Purchase Order #78, as outlined, and to authorize the appro-
priate officials to execute same. Commissioner Nunamaker
seconded the motion which carried unanimously.
The City Manager reported the Calvary Baptist Church
property which the Commission requested be dedicated to the
City is a driveway.
Commissioner Frank had requested that storage lanes on
State Roads be striped. The City Manager reported it is
against D.O.T. policy to paint yellow curbing faces on
medians. If there is a problem they will make arrangements
to provide special markings in the area.
Change Order #1 and Final, 1977 Street Sealing
Contract, Campbell Paving Company, decreasing the
contract $6,902.21 for a total present contract of
$77,904.61.
This Change Order reflects actual quantities required.
Commissioner Nunamaker moved to approve Change Order #1
and Final to the Campbell Paving Company contract for the
1977 Street Sealing Project and to authorize the appropriate
officials to execute same. Commissioner Frank seconded the
-motion which carried unanimously.
The City Manager reported the Mayor and Mrs. Cazares
have been invited to a reception at.the White House on Thursday,
January 26, 1978. The Mayor suggested the artist-in-residence
prepare a memento to be presented to the President at the
reception..
Commissioner Nunamaker moved that he contact Roger.
?Bansemer ilor -an ,appropriate picture..' -commissioner Frank sec-
on'de'd' .:the;°motiori-which carried unanimously.
•i?' `j i _ ,.y?i,, ..Sri
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10.`- . 1/19/78.. `.?;-
City Attorney Reports
ITEM #28 - Second Reading, ordinance #1736 - Annexing
Lot 4, South Haven Su_7division (R. Deighton) and Portions of
Section 7-29-16 (Heishman and Hunt). Approved 11/17/77.
Also,certain lots in Hillcrest Estates 1st Addition.
The City Attorney presented ordinance #1736 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The ordinance was
read by title only. Commissioner Nunamaker moved.to pass
and adopt Ordinance #1736 on second and final reading and
to authorize the appropriate officials to execute same. Com-
missioner DeBlaker seconded the motion. Upon roll call the
vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
ITEM #29 - Second Reading, ordinance #1737 - Zoning
Annexed Property n ordinance #1736.
The City Attorney presented ordinance #1737 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The ordinance was
read by title only. Commissioner DeBlaker moved to pass and
adopt Ordinance #1737 on second and final reading and to
authorize the appropriate officials to execute same. Commis-
sioner Frank seconded the motion. Upon roll call the vote
.
was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
ITEM #30 - Second Reading, Ordinance #1743 - Amending
Section 4-18 of Coble-Relating to Intoxicating Liquors, to
Enact New Zone 19U. Part of Lots 5 and 6, Block 6, Milton
Park Subdivision. O'Keefe's, 1219 South Fort Harrison Avenue.
(Approved 12/15/77).
The City Attorney presented ordinance #1743 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The ordinance was read
by title only. Commissioner Nunamaker moved to pass and adopt
ordinance #1743 on second and final reading and to authorize
the appropriate officials to execute same. Commissioner Frank
seconded the motion. Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
ITEM #31 - Second Reading, Ordinance #1744 - Amending
Chapter 8, Electio s, of Code to Include New State of Florida
Changes.
Commissioner DeBlaker moved to amend Page 5, first para-
graph, the third sentence to read: "Supplementing each report
either on the required form or on a separate sheet, the name,
address, and occupation of each contributor shall be provided."
The City Attorney presented Ordinance #1744, as amended,
for second reading and stated he would read by title only unless
there was a request to read in its entirety. The'ordinance was
read by title only. Commissioner DeBlaker moved to pass and
adopt Ordinance #1744, as amended, on second and final reading
and to authorize.the appropriate officials to execute same.
.' j • Commissioner Nunamaker seconded the motion: Upon roll call
} F4 r `'rr.'t?•% "?.r?;ittr'f::?',?{??.??#y.:.?l?';;lS7N`, :"+:;?F'?Y?lr??t?iSd.?:v??
M.+?F r!•"f. Y:1•i{'Li; f,??3Vs.•? f ?•C ?:? `•v,"`{?? ?'-?:v ?•,?? +
..l ??rw. ys '.''°1 ?•'?i .. ?.. tip- i!i-??_z F:-??}L?S.??t..?y.r'. :]'?
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the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker,
"Nays"s None.
Absents Martin.
ITEM #32 - First Reading, ordinance #1742 - Amending
Section 1 of Ord ni'?`ance #17181 which annexed portions of Sec-
tions 17, 20, 31 and 32-29--16, to include abutting streets to
Tract #70 as described.
The City Attorney presented Ordinance #1742 for first
reading. Commissioner Frank moved that Ordinance #1742 be
read and considered by title only on the first reading by
the unanimous consent of the Commission. Motion was seconded
by Commissioner DeBlaker. Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
t
The ordinance was read by title only. Commissioner Frank
moved that ordinance #1742 be passed on its first reading.
Motion was seconded by Commissioner DeBlaker. Upon roll call
the vote was:
"Ayes": Cazares, DeBlaker, Frank and-Nunamaker.
"Nays": None.
Absent: Martin.
ITEM #33 - First Reading, ordinance #1745 - Amending
Zoning Atlas of the City. (Public Hearings 12/15/77).
Robert Fleck, representing the American Development
Corporation, requested a continuance to February 16, 1978,
as they were appearing before the Planning and Zoning Board
of February 7, 1978, for clarification of several items.
The Planning Director reported the original zoning was
residential planned development but it was rezoned to RS-60
and the preliminary plat was creating serious problems.
By unanimous consent the Commission agreed to continue
this item to later in the meeting until it could be ascertained
which property was'to be deleted from the ordinance. (See Page
13).
ITEM #34 - Resolution #78-12 - Authorizing Payment to
Briley,.Wild and Associates, Utility Revenue Certificates,
Series of 1975. CT 1586, $40,525.00.
Commissioner Frank moved to pass and adopt Resolution
#78-12 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
ITEM #35 - Resolution #78-13 - Dedicating Drainage and
Utility Easement in Sections2l and 28-28-16. (Countryside)
Commissioner DeBlaker moved to pass and adopt Resolution
#78-13 and to authorize the appropriate officials to execute
same. Motion was seconded by Commissioner Nunamaker. Upon
roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
r Absent: Martin'
1/,19/78
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ITEM #36 - Accepting Assignment of License from Stan
Musial and Biggie's, Inc., to Suncoast International Inno,
Ltd., and authorizing execution of Consent to Assignment.
(Parking lot beneath Clearwater Pass Bridge on the North
approach.)
Commissioner Frank moved to accept the Assignment of
License and to authorize execution of Consent to Assignment
as outlined by the City Attorney, and to authorize the ap-
propriate officials to execute same. Commissioner Nunamaker
seconded the motion which carried unanimously.
ITEM #37 - Authorizing Settlement of Litigation - City
vs Willoughby's, Et Al. Circuit Civil #77-5707-14.
The City Attorney presented a Compromise and Settlement
Agreement in which defendants agree to a $7,725.00 lump sum
payment.
Commissioner Nunamaker moved to accept the Compromise
and Settlement Agreement as outlined by the City Attorney and
to authorize the appropriate officials to execute same. Com-
missioner Frank seconded the motion which carried unanimously.
ITEM #33 - Commission returned to Item 033 - First Reading,
ordinance #1745.
The Planning Director reported the applicant had agreed
to have the ordinance passed on its First Reading with the
understanding that he had the right to withdraw his application
if the site plan was not approved before the second reading.
Commissioner DeBlaker moved that ordinance #1745 be read
and considered by title only an the first reading by the unani-
mous consent of the Commission. Motion was seconded by Commis-
sioner Nunamaker. Upon roll call the vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin.
The ordinance was read by title only. Commissioner Nuna-
maker moved that Ordinance #1745 be passed on its first reading.
Motion was seconded by Commissioner Frank. Upon roll call the
vote was:
"Ayes": Cazares, DeBlaker, Frank and Nunamaker.
"Nays": None.
Absent: Martin,
ITEM #38 - Authorizing Settlement of Litigation - Blunt
vs Battle Et Al. Circuit Civil #74-7761-14 and 75-10449-15.
This case relates to a drowning in the Bobby Walker
Memorial Swimming Pool. The City Engineer had rendered ad-
vice to the Committee on engineering aspects of the pool. The
Plaintiff had indicated that a settlement agreement might be
reached and the City Attorney requests authorization to set-
tle in the neighborhood of $3,000, more or less.
Commissioner Nunamaker moved to authorize the City
Attorney to negotiate a settlement up to $3,000. Commissioner
Frank seconded the motion.
The Mayor reported that in 1974 he was president of
Clearwater Neighbors and was familiar with the family and the
suit but has had no contact in recent years. The City Attorney
stated that this was 'not a conflict of interest.
Upon the vote being taken, motion carried unanimously.
8 I. .
1/19/7
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ITEM 139 - other Commission Action.
Commissioner Nunamaker asked the'sidtue of his request for
support from the Legislative Delegation on the Good Samaritan
.Law as it relates to-an Emergency Medical,Services Director.
The City Manager reported it is under coniiderati.on, and the
proper method of,approach has been discussed. Other municipal-
ities in the County do not feel it is an emergency situation.
Commissioner Frank asked for a statue report on a program
to combine pension and social security for City employees:
The City Manager reported the pension plan is being reviewed.
The Mayor discussed the County facilities remaining in
Clearwater. Commissioner Frank moved that a letter be sent
from the,Mayor requesting a meeting with the County Commis- "
sinners to discuss the role of the County Seat in Clearwater.
Commissioner Nunamaker seconded the motion. Discussion en-
sued on hosting a dinner meeting at a time convenient for all.
Upon the vote being taken, motion carried unanimously.
Commissioner Nunamaker moved to schedule a dinner meeting
prior to opening session with the Legislative Delegation to
discuss legislative problems. Commissioner Frank seconded the
motion which carried unanimously.
The meeting was adjourned at 4:30 p.m.
p`G P Ma r'-Comm ss oner
Attest:
er
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FINAL Add NDA - CIT COMMISSION MEETING January 19, 1978 9:30,A.M.i
ITEM ACTION
1. Invocation
2. Pledge of Allegiance
3. Introductions and Awards
4. Service Awards (9:30 a.m.)
5. City commission Minuteo•of Regular Meeting of
January 5, 1978
city manager Reports
6. Consent Agenda
7. Farmer's Market
8. citizen's Dispute Settlement Program
9. Status Report - Auditorium
10. Coordination Agreement with T.B.R.P.C.
11. Housing Rehabilitation Program
12. Wood Valley - Community Development Funds
13. Beach Parties - Clearwater Beach - WOKF/WTAN
14. Agreement with U.S. Geological Survey
15. Designation of Marine Science Building
16. Extension of RPD Plan - 1312 North Highland
Avenue (This will be heard by the commission
immediately following Public Hearings)
17. Marina Lease Extensions
18. Positions in 1977/78 Budget - Consolidated
Communication Center
19. McMullen Park Tennis Professional Contract
20. Poll Workers and Their Compensation
21. Bids:
a. Truck Tractor 4x6, 4 bids, low bid,
International Harvester, Tampa $34,794.00
b. Truck Tractor, 4x6, 4 bids, low bid
International Harvester, Tampa $33,094.00
c. Tank Trailer, 3 bids, low bid, Hardee Manu-
facturing Company, Plant City $15,725.00
d. Transport Tractor, 4 bids, low bid, M.T.A.
Equipment Corporation, Amelia island
$22,300.00
e. Award of contract - Modification of Wells
#52 & #53, 3 bids, low bid, Layne Atlantic
Company, Orlando $36,782.64
22. Verbal Reports and Other Pending Matters
Resolution: Proposed Amendment to Annexation
Law
Public Hearings_(12:30_P.M.)
23. Requests for Vacations:
a. U.S. Home
b. Trustees Skycrest Baptist Church, Inc.
24. Amending Article XXRV - Administration and
Enforcement, Section 35.07• (5) Procedure for
Amending Zoning Ordinance (To be Continued)
25. Requests for Annexation:
a. Portion of W? of the SEh of Section
6-29S-16E (First National Bank of
Clearwater)
b. Lot 25, Terra Alto Estates (Phillips)
c. Portion of Lot 2 of Blackburn subdivision
(Mendenhall-Newell - Sunset North Shopping
Plaza)
."26. Request for Rezoning:
SWh of,NWk of Section 11-29-15E from RPD
to.RS-50 (Republic Mortgage Investment
Trust)
1. Rev. John Burchiaga, Uni
tarian Universalist
Church,
2..Chief Daniels
3. Ray Cadwell, author, pre
rented copies of "A
Sparkling City" to Com-
mission
4. Service Pins awarded to
17 City employees
5. Approved minutes of Janu
ary 5 and 16, 1978
6. Approved - See attached
7. Continued to February
8. Adopted Resol. #78-9, as
amended, encouraging
CDSP utilization
9. Set May 2 tentative ref-
erendum date
10. Approved for development
of Housing Opportunity
Plan
11. Revised HRP approved
12. Approved $5,400 alloca-
tion for WV Park Improve
ments
13. Approved rope off of 50'
area, 5/29, 7/1 & 9/4/78
14. Approved for f.y. 1977/
78
15. Resol. #78-10 approved
as amended re island
Estates Wastewater Plant
use for Marine Science
Building.
16. See Item #26
17. Rooms 2, 2A, 3 & 4; 6; &
8 leases extended to
5/31/78
18. Authorized hiring 3
Police Comms. Operators
and 1 Sergeant
19. Approved 1-year Agmt.
20. Approved
21. a through e. Approved
22. Adopted Resol. #78-11
supporting repeal annexa
tion procedure.
Approved $6,220.00 Con-
struction P.O. to Purcel
Excavation Co. Sanitary
Sewer - Druid Road.
CO#1 and final, 1977 St.
Sealing Contract, Camp-
bell Paving Co.$-6,902.2
new contract total
$77,904.61.
23. a. Approved
b. Approved
24. Continued to Feb. 2,1978
25, a. Approved with PS zon-
ing and Fire District #1
b. Appproved with RS-50
zoning &'Fire District
#2
c. Approved with'CP zon-
ing and Fire District 41
26. AND Item #16 continued'
to February 16, 1978
.a . •" • •• i.ri'
J4nuary 19., ? 1978.'_
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FINAL AGENDA - C COMMISSION MEETING - January 19#,.,
Page 2 1978 .9130 ?A.M:
IT ACTIO N
27. Rose Phifer and Robert
27. Citizens to be Heard re Items Not on the Bickerstaffe,- expxai=:
Agenda sod concern about relo-
cation of county
facilities.
28. Adopted
29. Adopted
30. Adopted
-31. Adopted as amended
City Attorney Reortp 32. Passed lot Reading ,
33. Passed 1st Reading
28. Second Reading - Ordinance No. 1736 - Annexing 34. Resol. #78-12 adopted
Lot 4, South Haven Sub. (Deighton) and Portions 35. Resol. #78-13 adopted
of Section 7-29-16 (Heishman & Hunt) 36. Approved
29. Second Reading - Ordinance No. 1737 - Zoning An- 37. Approved
nexed Property in Ordinance No. 1736 38. Approved
30. Second Reading - Ordinance No. 1743 - Amending 39. Other Commission Action;
Section 4-18 of Code Relating to Intoxicating
Liquors to Enact New Zone 19U (O'Keefe's) Commissioner Nunamaker-
31. Second Reading - Ordinance No. 1744 - Amending Status Goo Samaritan
Chapter 8, Elections, to Include New State of Law
Florida Changes Commissioner Frank -
32. First Reading - Ordinance No. 1742 - Amending Status Pension Man
Section 1 of Ordinance No. 1718, which annex Review
certain portions of property to include abutting
streets to Tract #70 as described City Commission to meet
33. First Reading - Ordinance No. 1745 - Amending with County Commission.-
Zoning Atlas of the City (P.H. 12/15/77) to discuss location of,.
34. Resolution - Authorizing Payment to Briley, Wild, County facilities
Utility Revenue Certificates, Series of 1975
35. Resolution - Dedicating Drainage and Utility
Easement in Section 21-29-16
36. Accepting'Assignment of License from Stan Musial
and Biggie's, Inc. to Suncoast international
Inns, Ltd. and authorizing execution of consent
to assignment
37. Authorizing Settlement of Litigation - City vs.
Willoughby's, et al
38. Authorizing Settlement of. Litigation - Blunt vs.
Battle, et al
39. Other Commission Action
40. Adjournment 140. Adjourned at 4:30 p.m.
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January 19, 1978
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FINAL
CONSENT AGENDA
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The City Commission approve the recommendations sub-
mitted on consent agenda items.
Resource Development Committee Recommendations
Notification of Expirations and Resignations of Advisory
Board Members:
a. 'Parks and Recreation
b. Board of Adjustment and Appeal on Zoning
c.' Board of Adjustment and Appeal on Signs.
d. Historical Committee
e. Library
f. Community Relations Board
g. Planning and Zoning Board
' Bid -
Edenville Channel Storm Drainage,xmprbvements, 5 bids,
low bid, Purcell Excavating Inc.; Palm Harbor,
$6,760.00
Quotation:
Complete Fencing for Chesapeake Ball Field, 2 quotations,
low quotation, Reeves Fences $5,450.00
Change Orders:
a. Hercules Avenue Sanitary Sewer Contract, Final Change
Order, Auto Owners Insurance Company as Surety for
Scott Cole Mechanical Construction. Company $-8.137.17
b. Change Order ##2, to Northeast Wastewater Treatment
Facility..project, EPA C120461010. Carl E. Widell and
Son, Haddonfield, New Jersey $8,687.82
' c,. McMullen Park Tennis Complex Phase II Contract •- Change
Order ##1, Big K Construction, $+1,230.00
Request for Rezoning (for referral)
A portion of Section 30-29S-15E constituting a triangular
'`- " parcel north of Isle of Sand Key east of Gulf'.Boulevard
(City)
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