05/18/1978
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CITY COMMISSION MEETING
May 18, 1979
The City Commission of the City of Clearwater met in
regular session at City Hall, Thursday, May 18, 1978, at
9:30 a.m., with the following members present:
Charles F. LeCher
Karleen F. DeBlaker
I<aren Martin
William Nunamaker
Richard E. Tenney
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
commissioner
Also present were:
Anthony Shoemaker City Manager
Thomas A. Bustin City Attorney
Major Wm. H. McClamma Representing Police Chief
Max Battle City Engineer ..
The Mayor called the meeting to order. The invocation
was given by Commissioner Martin. The Pledge of Allegiance
was led by Major McClamma. .
ITEM #3 - Introductions and Awards.
Citations of Appreciation were presented to Henry McWhorter
of the Parks and Recreation Board and Leon Hill, Artist-in-
Residence, who was also presented a check for $1,000.
Proclamations were issued declaring May 21 through 27,
1978, Horne Health Week; May 21 through 28, 1978, CUltural
Arts Week; June 5 through 11, 1978, Clearwater High Swim Team
Week; June 2 and 3, 1978, Baoo Ruth League Days. .
ITEM #4 - service Awards.
Eight city employees were presented service pins.
ITEM 15 - Minutes.
Commissioner Martin moved that the minutes of the regular
meeting of May 4, 1978, be approved as recorded and as submitted
in written summation by the Clerk to each Commissioner.
Motion was seconded by Commissioner Tenney and carried unani-
mously.
ITEM #6 - Consent Agenda.
6.1 Community Impact Statement - Resource Development Commit-
tee recommends approval of Tract 7, Countryside, in the
NE~ of section 19-28-16 - U.S. Home Corporation. (Located
off Northside Drive just west of Florida Power right-of-
way).
6.2 Requests for Annexation (For referral) :
a. Portion of S~ of SE~ of NW~ of Section 9-29-16
Kapok Tree Inn, Inc.
b. Portion of N~ of Section 9-29-16 - Owner, City.
. " c. Portion. of SE~ of NW~ of Section 11-29-15 (M&B 22)
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Arlene and Henry C. Walters.
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6.3 Change Ordersz
a. '1 (Final), Double Arch Bridge at Fire station *4,
Edco Construction, Co. Adjust bid to actual
quantities for a $3,951.94 decrease and a total
present contract of $28,088.06.
b. 11, Fire station 14 (EOA project), J. B. construc-
tion, Inc., Addition and deletion of work to increase
contract $1,394.00 for a total present contract of
$298,854.00. "
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6.4 Notification of Expirations and Resignations of Advisory
Board Members:
a.
b.
c.
d.
e.
Marina Advisory Board
Clearwater Downtown Development
Parks and Recreation Board
Beautification Committee
Mobile Home Park Board (New)
(*2 park owners and 2 park
(3)
Board (1)
(1)
(1)
(4*)
residents)
Commissioner Nunamaker moved to accept all items on the
Consent Agenda, as listed, for appropriate action, and to
authorize the appropriate officials to execute same. Commis-
sioner Tenney seconded the motion which carried unanimously.
ITEM #7 - Policy - Industrial Park Property Sales.
The City Manager recommends the Commission adopt a policy
that Industrial Park properties be sold for labor intensive
industrial purposes, not. for speculation.
Commission discussed the rights of free enterprise and
the effect economic conditions might have on a purchaser.
Robert Bickerstaffe suggested using long-term leasing
with an option to purchase for property in Industrial Park.
Commissioner DeBlaker moved to approve the City Manager's
recommendation. Commissioner Tenney seconded the motion.
Upon the vote being taken, Commissioners DeB1aker, Tenney and
the Mayor voted "Aye"; Commissioners Martin and Nunamaker
voted "Nay." Motion carried.
ITEM #8 - Sale of 2.56 Acres M.O.L., Clearwater Industrial
Park.
Lot 2 less the West 450.75 feet,
Clearwater Industrial Park Replat.
Poser Business Forms (A Division of
Safeguard Business Systems, Inc.)
Between 15 and 20 employees will be hired and the plant
in operation by September, 1978. The price is $56,320, of which
$5,120 is realtor's commission. The City will require ingress/,
egress easement of 30 feet.
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Commissioner Martin moved to approve the sale subject to
the easement being included in the contract and to authorize
the appropriate officials to execute same. Commissioner
Nunamaker seconded the motion which carried unanimously.
ITEM *9 - Marina Lease Renewals:
" . Rooms 2, 2A & 3
:: ;,,"',., . Room 6
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Clearwater Marine Sales ~ H. Massa
Barber Shop ~ N. Knouase
Realty and Insurance Office -
J. Ransom
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Part of Lot 10, - Shell service Station -
City Park Sub. D. Falzone
The above leases oxpiring May'31, 1978, have been satis-
factory in"all respects and staff recommends 52-month renewals
to expire september 30, 1982. All exclusive provisions contained
in the expiring leases have been eliminated.
Commissioner Martin moved to approve the leases as outlined
and to authori2e the appropriate officials to execute same. Com-
missioner Nunamaker seconded the motion which card,ad unanimously.
ITEM *10 - Marina/Lease Extension - Room 4 on Lots 11 &
12, City Park Subdivision - H. Massa.
This lease expires May 31, 1978. The room is divided into
halves suitable for general office space and the extension is
requested to permit vacating the area used for storage and ad-
vertising the availability in accordance with policy guidelines.
Commissioner Nunamaker moved to authorize extension of
the lease on a month-to-month basis not to exceed three (3)
months and to authorize the appropriate officials to execute :
same. Commissioner DeBlaker seconded the motion which carried
unanimously.
ITEM #11 - Preliminary Subdivision Plat Approval:
a. Tract 7, Countryside, in the N~ of section
19-28-16 - U.S. Home Corporation.
This property is located west of the Florida Power right-
of-way and south of Northside Drive and consists of 20 lots on
4.69 acres zoned RS-SO (single family residential).
A utility easement will be required at the rear of each
lot and additional easements as required will be dedicated.
The Planning and Zoning Board and the Planning Director
recommend approval.
Planning Director Warren Renando stated this tract was
part of the original Countryside annexation and similar adja-
cent tracts are under development as residential areas. Drain-
age was discussed and Jack Bodziak responded to questions and
displayed a drainage map which the City Engineer stated has
been updated and must comply with the requi~ements before
construction drawings are released.
Commissioner Nunamaker moved to approve the Preliminary
subdivision Plat of Tract 7, Countryside, subject to easements
as required. Commissioner Martin seconded the motion which
carried unanimously.
b. Tract G, Northwood Estates, NW~ of NE~ of
Section 32-28-16 - Blackburn Brothers Land
Development Co.
At a prior meeting, Commission recommended approval of
this preliminary plat subject to conditions which need to be
clarified.
,Commissioner DeBlaker moved to confirm approval of the ,
~rel~inary subdivision Plat of Tract.G, Northwood.Estates,
,.s~bject to conditions 1, 2, 3 and, 4-a only of the, City Mana-'
'yer's recommendation listed on~he agenda memo for Item l1-b
'"fo;-S/18/78, and that the developer be required to include
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in the deed restrictions for Lots 2S through 33 on County
Road 224 that the individual property owners be required to
construct open fences of an approved uniform design in com-
pliance with zoning setback requirements, without variance
from such requirements. commissioner Tenney seconded the
motion which carried unanimously.
ITEM #12 - Request for Alcoholic Beverage Zoning for
Pontillo's Pizzeria, 1407 Cleveland Street. Lots 1 through 6
inclusive, Block 2, Knollwood Replat - Frank A. Barone, Owner.
The usual investigation has been made and the request
meets the requirements.
Commissioner Tenney moved to approve the request for
alcoholic beverage zoning to permit the sale of beer and wine
on the premises. Commissioner OeBlaker seconded the motion.
Upon the vote being taken, Commissioners OeBlaker, Martin and
Tenney and the Mayor voted IIAye"; Commissioner Nunamaker voted
"Nay." Motion carried.
ITEM #13 - Dedication of Woodgate Park, 2495 Countryside
Boulevard. In SW~ of section 30-28-16 and N~ of section 31-28-16.
The Woodgate Home Owners Association extended an invita-
tion to the Commission to attend the dedication of Woodgate
Community Park on May 21, 1978.
Funds of approximately $99,000 to develop Woodgate Park
were approved by the Commi~sion in October, 1975. It is
customary for the City Commission to dedicate a City Park.
Commission requested that this not set a precedent and instruc-
ted the City Manager to invite various City officials who
would ordinarily attend.
Commissioner DeBlaker moved to officially acknowledge
that Countryside Park #1 be officially named "Woodgate Park."
Commissioner Martin seconded the motion which carried unani-
mously.
ITEM #14 - Annual External Audit, Fiscal Year 77/78.
Contract for Extension of Audit Agreement with Peat, Marwick,
Mitchell & Co., $42.,800.
Peat, Marwick, Mitchell & Company estimated their fee
based on an expected S-year contract. This will be the third
year of the anticipated S-year engagement.
Commissioner Martin moved to extend the audit agreement
with Peat, Marwick, Mitchell & company for one additional year
at a cost of $42,800 and to authorize the appropriate officials
to execute contract. Commissioner DeBlaker seconded the motion
which carried unanimously.
ITEM #15 - Crest Lake Park Development.
A 5-year Capital Improvement Program was established
with a budget of $20,000 per year for the development of Crest
Lake Park. The first year's allocation was for irrigation,
installation of picnic tables and grills, and playground ap-
paratus for small children. The second-year development phase
was for additional irrigation and a parking lot on the west
side of the park.
, Commissio~er DeBlaker moved to approve the first and
" . _ ..'.., second year development of Crest Lake Park as enumerated in
~'i.>.)) :...:> ;:. ,,- .It8Il:l 115 agenda memo dated 5/18/78, subject to the Commission's
)('{~'i:{,~;,.:<>:,:;: app;ooval" of th~ p~rking plan. Commissioner Nunamaker"seconded
',;.:~r',::{-,,:;:~.::<::r;.;:.-\~he' ~ot.ion which carried unanimously.
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ITEM 116 - pinellas County Master Drainage Plan. Reso-
lution *78-.59 - Accepting Recommendation of Pinellas Planninq
Council Master Drainage Plan as a Management Procedures and
policies Guide Until the plan is Integrated With and Adopted as
Part of the Clearwater Comprehensive Plan.
A Master Drainage Plan was prepared and submitted to the
Pinellas County Planning Council in 1976. The.City Engineer
disagreed with the plan and recommended against adoption 8S
the County plan did not agree with the clearwater Master
Drainage Plan. The Technical Advisory committee, aware of
the city's concerns, divided the Master Drainage plans into two
sections, management procedures and policies and technical
guides.
Commissioner DeBlaker moved to pass and adopt Resolution
178-59 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #17 - Entrance Sign - Island Estates Subdivision.
The Island Estates civic Association has requested per-
mission to erect an entrance sign. Various City departments
contacted have no objection. Such signs are beneficial to
drivers unfamiliar with the area and aesthetically pleasing
to the general subdivision. '.
Commissioner Martin moved to approve the request to
erect an entrance sign at the intersection of Memorial Cause-
way and Island way and that the Association agree to a main-
tenance agreemen~ to remove or relocate the sign upon City
direction. Commissioner Nunamaker seconded the motion. '
Ray Custer, President of the Association, agreed to the
conditions. upon the vote being taken, motion carried unani-
mously.
ITEM 118 - Permit for Beach Party - WQXM.
A number of problems surfaced at the beach party that
was approved for May 13, 1978. The Police Chief recommends
1) Execution by the station, of a hold harmless agreement
wherein the station would accept responsibility for injuries,
etc., resulting from the beach party; and 2) The station
would agree to pay for adequate Police security.
Bill Burchfield, Harbormaster, recommended: 1) an
Additional policeman to those already provided, 2) Time of
termination be 4 p.m. instead of 6 p.m., 3) A change of site
to the public beach north of. pier 60 not more than 50 feet in
width, and 4) After the beach party is terminated, the sponsor
police the area 100 feet on each side of pier 60 to return it
to its previous condition. Suggestion was made to put the band
up on the pier.
Ken Evans, representative of the station, agreed to the
conditions and to announce that no alcoholic beverages would
be allowed on the beach and that there is a fine of $53.
. Commissioner .Tenney moved to approve the request for the
~WQXM Beach Party, June 10, 1918, subject to conditions listed
-above; and to. authorize the' appropriate officials to,execute
" ,.,'.' ''',. , '",.see'.,. commissioner' DeBlaker seconded the motion which carried'
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ITEM 119 - Intergovernmental Personnel Act (IPA) Grant
Applications I
Test Validation.
Resolution 178-60 - Authorizing City Submit
Application for IPA Grant for' Implementation
of a Tampa Bay Inter9~vernmental Test Valida-
tion Project. .
Test Validation requires a great deal of time and expense and
the sharing of work efforts and results avoids expensive dupli-
cations. Tampa, st. Petersburg and pinellas County will join
with the city in this effort.
a.
Commissioner Martin moved to pass and adopt Resolution
#78-60 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayesll: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
b. Team Management.
Resolution #78-61 - Authorizing City Submit
Application for IPA Training Grant for Team
Management Development.
Team Management training will be built around actual
work projects. The operating departments will work together
on projects and will acquire techniques and skills needed to
function as a Project Management Team. Each project would
then have a joint recommendation to go to the City Commission.
Commissioner DeBlaker moved to pass and adopt Resolution
478-61 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #20 - Verbal Reports and Other Pending Matters.
Legislation
The City Manager reported on laws being considered by the
legislature. He stated no action is needed on the water and
sewer service area bill as it is not expected to pass.
He recommended the commission express their opposition
to House Bill 359 relating to sewage disposal facilities and
elimination of deep well injection. Discussion ensued and
Commissioner Martin noted for the record that she opposed the
bill, not because of its intent, but, because it was limited
to five specific counties. commissioner Martin moved to in-
struct the City Attorney to draft a resolution to oppose the
bill because the allocation of federal funds would be discrim-
inatory as the City might not be eligible for as much money as
is needed and the economic impact would be devastating to the
City. Commissioner Tenney seconded the motion. After further
discussion, Commissioner Martin moved to table the item to
allow the ,City Attorney to prepare a draft resolution to be
presented: after lunch. Commissioner Nunamaker seconded the
motion which. ~arried unanimously.
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The city Manager reported a letter dated May 18, 1978, from
the School Board stating the reverter clause in the deed was
unacceptable to the School Board.
Commissioner Martin moved that the following wording be
used instead: "The Grantor conveys the above-described prop-
erty to the Grantee with the express condition that the Grantee
shall within one year hereof construct a Bchool thereon. In
the event that such school is not constructed, then,the prop-
ertY.shall be reconveyed to the Grantor herein and 'the Grantor
shall return all consideration paid for such property, both
real and personal, to the Grantee." Commissioner Nunamaker
seconded the motion which carried unanimously.
By unanimous consent the Conwission agreed to hear Item
#26, City Attorney Reports.
ITEM #26 - Second Reading, ordinance #1751 - Amending
zoning Atlas of the city. (Seville Condominium).
The City Attorney presented Ordinance 11751 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 OeBlaker moved to pass and
adopt Ordinance i1751 on second and final reading and to auth-
orize the appropriate officials to execute same. Commissioner
Nunamaker seconded the motion. Upon roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Naysll: None.
Commission recessed for lunch at 11:30 a.m. and recon-
vened at 12:30 p.m.
Public Hearings
ITEM #21 - A Public Hearing on the Zoning Appeal of
Michael Allman, Lot 122, Woodgate of Countryside Unit 3.
The applicant had requested a 6-foot fence to he con-
structed in the area between the building setback line and
the property line abutting the street right-of-way of Country-
side Boulevard. Neither the applicant nor his representative
was present.
David Healey, Chief Planner, gave a brief presentation
of the request and a history of the area which has a number of
double frontage lots with fences of varying heights and types
along Countryside Boulevard.
Elsa Heintz spoke in opposition and reported a home
owners association had been formed recently to promote a
uniform 5-or-6-foot fence for the area. Three other neighbors,l
on Hawthorne Drive also spoke in opposition and support a uni-
form fence proposal.
Commissioner Tenney moved to deny the appeal for either
a 6-foot or a 4-foot fence. Commissioner DeBlaker seconded
. .the motion which carried unanimously.
. .' ITEMS *22 & f23 - Public Hearing and First Reading,
Ordinance *1768 - Amending Zoning Atlas of City '(Public Hearings
3(~/78) , '.,City-;tnitiated Zonings: R. '. C. Development,' Inc., City
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of Clearwater, congregation Beth Shalom, Inc., st. Matthew's
First Baptist Church, Mt. zion Methodist Church and Church of
the Reconciler, United Presbyterian Church in the U.S.A.
There were no citizens to speak.
The City Attorney presented Ordinance '1768 for first "
reading. Commissioner DeBlaker moved that Ordinance '1768 be
read and considered by title only on the first reading by the unani-
mous consent of the Commission. Motion was seconded by
Commissioner Nunamaker. Upon roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
The ordinance was read by title only. Commissioner
Nunamaker moved that Ordinance #1768 be passed on its first
reading. Motion was seconded by Commissioner Martin. Upon
roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #24 - Public Hearings on Requests for Annexations:
a. North 2 Feet of Lot 18 and South 59.5 Feet of
Lot 19, Suban's Subdivision, with RS-60
(single family residential) zoning and Fire
District #2 Classification - S. Lamb.
This property is located at 1829 West Drive and developed
as a single family residence. The applicant has given the
city a lO-foot drainage and utility easement across the rear
of the property.
The Planning and Zoning Board and the Planning Director,
recommend approval. .
~ommissione~ DeBlaker moved to approve annexation Item
24-a and that the right-of-way for West Drive not be annexed,
and that the City Attorney be instructed to include this in
in an ordinance. Commissioner Martin seconded the motion.
There were no citizens to speak in objection. Motion carried
unanimously.
b. S~ of NE~ of Section 32-28-16 and the SE~ of
NW~ between N-S Section Centerline and Waters
of Lake Chautauqua, Section 32-28-16; with P
(Public) Zoning and Fire District #1 -
City of Clearwater.
This property is undeveloped and adjacent to Lake Chautauqua.
It is a portion of unplatted land deeded to the City by the
County in exchange for the Sand Key Coast Guard station property
and contains 41.9 acres m.o.l.
Vacation of the right-~f-way for County Road 224, which
lies in the north-south alignment through the center of the
property is not recommended. The Planning and Zoning Board
and the Planning Director recommend approval.
. Commissioner Martin moved to approve annexation Item 124-b
and that the City Attorney be instructed to include this in an
. , ordinance. .Commissioner Nunamaker seconded the motion. There
w~re no citizens to 'speak in objection. Motion carried unani-
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Begin 472 Feet south and 800 Feet East' of the
Northwest Corner of Section 20-29-16, Continue
East 100 Feet, South 200 reet, West 100 Feet,
North 200 Feet to P.O.B., with CG (business)
zoning and Fire District *1. - U.S. Home
Corporation.
This .46-acre parcel is located about 800 feet east of U.S.
Highway 19 in the SW~ of Section 20-29-16 and is part of Imperial
Cove Condominium.
c.
A clerical error in the 'legal description at the time of
annexation described the property from the 'right-af-way line
of U.S. 19 instead of from the section line,' The City will
initiate a rezoning of the entire area upon completion of this
action to reflect' actual land use.
The Planning and Zoning Board and the Planni~g Director
recommend approval. '
There were no citizens to speak.
Commissioner Martin moved to approve annexation Item
#24-c and to waive the parkland dedication requirement and
that the city Attorney be instructed to include this in an
ordinance. commissioner Tenney seconded the motion which
carried unanimously.
The Commission returned to Item #20 at this time.
ITEM #20 - Verbal Reports and other Pending Matters.
The city Attorney presented Resolution #78-62, opposing
House Bill 359 presently pending before 'the Florida LegiSla-
ture.
Commissioner Martin moved to pass and adopt Resolution
#78-62 as presented in draft form, subject to revision not
of substance but to technical form, and to authorize the ap-
propriate officials to execute same. Commissioner DeBlaker
seconded the motion. Upon roll call the vote was:
IIAyesll: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
IINaysll: None.
The city Manager suggested the commission go on record
as opposing House Bill 528, which would provide that certified
millage be established on 100% of the Assessor's roll rather
than 95% as is now the law. The impact of this bill on each
local taxing authority would be to advertise an increase in
millage each year for revenue equal to the amount received
the previous year.
commissioner Martin moved that the city Commission by
its discussion, opposes the concept of House Bill 528, and
to instruct the City Manager to express the Commission's
disapproval to appropriate and interested officials. Cornmis-
,sioner Nunamaker seconded the motion which carried unanimously. '
The City Manager recommended William England be appointed
to the 201 Facilities Plan Technical Advisory Comrnittee~ Com-,
, 'missioner Martin, moved to approve the appointment. Commissioner
;", ,Nunamaker seconded the motion which carried unanimously.
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ITEM 125 - Citizens to be Heard Ne Items Not on the Agenda.
Walter smith'suggested ways of reducing the costs of legal
advertisements.
Ron Schultz discussed the recent removal of a fence and
plants on Juniper street in the North end of Clearwater Beach
and the erosion problem that resulted.
Walter smith discussed a parking problem in the Mandalay
Shores area.
Robert Bickerstaffe spoke in opposition to the proposed
Belmont Area Housing Project. He questioned :-whether Greenwood
Avenue and Woodlawn street would be widened and suggested the
city should have purchased property in the area for a park.
He discussed the proposed County Court Complex and urged the
City Commission to discuss the matter with the County Commis-
sion. '
Murray Fuchs raised questions about the new rapid rail
garbage system to be implemented on a trial basis this summer.
City Attorney Reports
ITEM 127 - Second Reading, Ordinance #1777 - Vacating
E/W Alley 15'4" wide between Ewing and Prospect Avenues directly
S of Lots 1 through 4 and the W~ of Lot 5 in Magnolia Park
Subdivision and directly N of Lots 1 and 16 in Coachman Heights
Subdivision Revised. - Oimmit Car Leasing, Inc., and Walton M.
Byars, Jr.
The City Attorney presented Ordinance #1777 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 11777 on second and final reading and to authorize the
appropriate officials to execute same. Commissioner Tenney
seconded the motion. Upon roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #28 - Second Reading, Ordinance #1782 - Amending
Section 18-5 of Code Re Appointment of Board of Adjustment
and Appeal on Signs.
The City Attorney presented Ordinance #1782 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 Martin moved to pass and
adopt Ordinance #1782 on second and final reading and to auth-
orize the appropriate officials to execute same. Commissioner
DeBlaker.seconded the motion. Upon roll call the vote was:
"Ayes": DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM '29 - First Reading, Ordinance #1776 - Vacating
East-West Alley Lying South of Lots 12 Through 17 and North of
Lots 6 Through 11, Block 25, Be11eair Subdivision. (Formerly
approved in 1946). Continued from 5/4/78.' (City-initiated).
The City Attorney presented Ordinance 11776 for:first
r~.a,~~n~..:. convni~sion~,~ n.eB1aker moved that Ordinance t1776
.10. "
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115/18/78
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ITEM *37 - Resolution '78-64 To Provide a Speaking Time
Limit and Rearrangement of Order of Business, and to Provide
an Effective Date.
Resolution 178-65 - To Provide a Speaking Time Limit and
Effective Date.
Commissioner DeBlaker moved to pass and adopt Resolution
.78-64, amending Resolution #77-44, as amended, to provide a
speaking time limit and rearrangement of order of business;
and to provide an effective date. Commissioner Tenney seconded
the motion. Rule I was amended. ,to. add in the, 13th line after
"a1lowed to speak: II -- but they sha!'l be limited to 'three (3)
minutes speaking' time p'er 'i'ssue. Rule 10 was amended to put
the citizens to be Heard item at 12:30 and Public Hearings at
1:30 p.m. Rule 16 changed the speaking time limit from 5 to
3 minutes. Several citizens spoke in support of a specified
time frame for the citizens to be Heard item. Upon roll call
the vote was:
"Ayeslt:
"Nays":
DeBlaker and Tenney.
Martin, Nunamaker and LeCher. Motion failed.
Commissioner Nunamaker moved to amend Rule 16 to read from
3-to-5 minutes instead of 5 minutes; and Rule 1 to read 3 min-
utes. Commissioner Martin seconded the motion. The City At-
torney stated Resolution #78-64 had been defeated and a new
resolution, #78-65, should be considered.
Commissioner Nunamaker moved to pass and adopt Resolution
#78-65, Rule 1 to be amended to include: ltbut they shall be .
limited to three (3) minutes speaking time per issue" and Rule
16 to read: "individuals speaking on non-agenda items shall
be limited from 3-to-5 minutes." Conunissioner Martin seconded'
the motion. Upon roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker and LeCher.
"Naystl: Tenney. Motion carried.
ITEM #38 - Resolution #78-66 - Designating Landmark union
Trust Bank and Its Branch Banks as Depositories for Payment of
Utility Bills.
Commissioner M~rtin moved to pass and adopt Resolution
#78-66 and to authorize the appropriate officials to execute
same. Commissioner Tenney seconded the motion. Upon roll call
the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #39 - Acceptance of Covenant Running with the Land,
Lots 1 through 4 and the West Half of Lot 5, B~. ,3, Magnolia Park
Subdivision - Dimmitt Car Leasing, Inc., and Walton M. Byars,
Jr.
Commissioner Martin moved to accept the above covenant
(re Ordinance #1777) dated May 10, 1978, and to direct the City
Clerk to record same in the Public Records of pinellas County,
Florida. Commissioner Nunamaker seconded the motion which car-
ried unanimOUSly.
ITEM *40 - Accept~nce of Easements:
i~;~~i~[;;f~)'~J;1;"h{;T;e::CHY ..
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Attorney presented the following easements:
.
Sidewalk easement, South 1.00 foot of Lot 172,
Woodgate of Countryside unit III, from U.S.
Home corporation.
Drainage easement in Portion of Lot 124, University
Park, Unit 2, from James R. Wells.
Drainage easement in Portion of Lot 125, University'
Park, Unit 2, from Reinhardt O.J. Sieber.
Sanitary sewer easement, Woodlake Association, Inc.,
and Second National Bank of Clearwater; and
Utility easement, American Development Corporation;
both for Woodlake I Condominium in the NE~ of
Section 1-29-15.
Commissioner Tenney moved to accept the above easements
and to direct the city Clerk to record same in the Public
Records of pinellas County, Florida. Motion was seconded by
commissioner Nunamaker and carried unanimously.
ITEM #41 - Resolution #78-67 - Authorizing the City At-
torney to Defend the City, U.s. Steel Corporation v. City of
Clearwater, Circuit Civil 78-4765-7.
Commissioner DeBlaker moved to pass and adopt Resolution
#78-67 and to authorize the appropriate officials to execute
same. Commissioner Martin seconded the motion. upon roll
call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #42 - Resolution #78-68 - Lot Mowing, List #1.
Commissioner Tenney moved to pass and adopt Resolution
#78-68 and to authorize the appropriate officials to execute
same. Commissioner DeBlaker seconded the motion. Upon roll
call the vote was:
IIAyes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Naysu: None.
ITEM #43 - Resolution #78-69 - Supporting, Passage of Bill
Providing for Grade Separation Intersection Improvements on
U.S. 19 in pinellas County and Implementation in a Staged
5-Year Program by the Department of Transportation.
Commissioner Martin moved to pass and adopt Resolution
#78-69 and to authorize the appropriate officials to execute
sarne. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
IIAyes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM - Resolution 178-70 - Authorizing the City Attorney
to Defend the City of Clearwater and Anthony L. Shoemaker"
City Manager, in the case of Slavatore J. Maffei, Circuit Civil
78-4901-20.
.< ': ". '. '. Commissioner Martin moved to pass and adopt Resolution.
,<:!..:>:'," ," ,~';. 178-70 and to authori2e the. appropriate officials to execute
i:~:~;'<'!' ::' '.':. ':.:.' '. " ~ame. Commissioner Nunamaker seconded the 'motion. Upon
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5/18/78
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roll call ,the vote was:
"AyeB"~ DeBlaker, Mart.in, Nunamaker, Tenney and
LeCher.
"Naysll: None.
ITE~ 144 - other commission Action.
commissioner Nunamaker
Requested Commission approval to make a presentat.ion of
gifts to former Mayor Gabriel Cazares at the Clearwater Neigh-
bors dinner to be held May 20, 1978. Commissioner Martin
moved that Commissioner Nunamaker present to former Mayor Cazares
those gifts that would be appropriate to present and that those
of a personal nature be presented at the Cazares home. Commis-
sioner Nunamaker seconded the motion. Upon the vote being
taken, Commissioner. Martin and Nunamaker and the Mayor voted
"Aye": commissioners DeBlaker and Tenney voted "Nay." Motion
carried.
commissioner DeBlaker
Requested Realignment of state Road 580 be placed on a
regular agenda for discussion.
She requested the City Attorney redraw the Airpark leases.
Commissioner Tenney
Questioned work being done at the standard gasoline sta-
tion on Clearwater Beach.
Commissioner Martin
Requested infor.mation on plans for the use of the building
at the service station.
She discussed an erosion problem on Landry Avenue and
suggested consideration of an erosion control ordinance.
She suggested the Commission be more active in the League
of Cities organizations, particularly in the Florida organiza-
tion and requested their meeting dates.
Mayor LeCher
Discussed appointment of a member of the commission to
the Downtown Development Board and suggested a rotation pro-
cess. Discussion ensued on a possible conflict of serving on
the Board and Commission.
The meeting was adjourned at 4:28 p.m.
The city Commission then met as Trustees of the Employees'
Pension Fund with the Mayor calling the meeting to order.
Commissioner Martin moved toaccept the recommendation of
the Advisory Committee of the Employees' Pension Fund for
acceptance of the following employees into membership:
David Gorcheff
William Sullivan
Donald Page
,Cara 'Cooper .
Willie ,B. Moody
Benjamin Collins
Robert J..Books
Garage Division, Central Services
Data Processing Division, Central Services
Nursery Division, Parks and Recreation
Planning
public' Service
Gas Division, Utilities
TraffictEngineeri~g
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The meeting was adjourned at 4:30 p.m.
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rINAL AGENDA - City CommL..Lon M..tLnq - Hay 18, 1978
ITEM ACTION
-
1. Invocation .
2. Pl.dq. at Al1.ql.nc.
3. Introduction. .nd Award.
4. S.rvica AW.r~' (i,30 A.M.1
5. City Comml..1on Minut.. ot the ~.qular M..tine;
at May 4, U71
5.
,,7.
I.
city Manaq.r R.port.
Con..nt ...q.nd.
policy - Indu.t:ial p.rk Prop.rty Sale.
S.le at 2.54 ...cr.. ot Lot 2, Cl.arwat.r Indu.trial
Park R.plat - po..r
Marina L.... ~n.w.1.
M.rin. Room No. 4 - L.... Ext.nl10n
Pt.l1minary subdivi.ion Plat Approvall
a. ~:.c~ 7, Coun~.id. IU.S. Homa) NE~ ~.c~ion
19-2IS-16!
b. Tract G, Northwood E.tat.. (Blackburn) S.ction
32-285-161::
R.qu..t tor Alcoholic B.v.rAqe Zoninq - Pontillo'.
Pizz.ria, 1407 Clev.land Street .
D.dication ot "Woodqate Park"
Annual External Audit, Filcal Year 77/79
Crelt Lake Park D.v.lopment
Plnell.a County Maater Drainaqe Plan
Entrance S1qn - Island Estates Subdivision
B.ach Party - WQlCM
rPA Grant Application:
a. Test Validation
b. 'ream :-tanaqemen~
9.
10.
11.
12.
13.
14.
15.
1G.
17.
18.
19.
20. Verbal Report. and Other p.ndinq ~tters
Public Hearinqs (12130 P.M.)
21. Zoning Appeal - Michael H. ~11man - Lot 122,
Woodqate of Country.ide ..
22. Amendinq %onin9 Atlas of City (P.R. 3/2/78 - City
Initiat.d Zoning - Churche., etc.)
23. Fir.t Readlna - Ordinance No. 1768 (..e above)
24. a_qu..t. for Annexationl
a. North 2 fe.t ot Lot 18 and the South 59.5
teet of tot 19, Suban', Subdivision (Lamb)
b. Portion of N~ of Section 32-28S-16E (cityl
c. Tract Lyinq in the SW~ of Section 20-29S-16E
(O.S. Ham. I
25. Citizens ~o be Heard re Items Not on the Agenda
City Attorney Reports
2G. S.cond Reading - Ordinance No. 1151 - Am.nding
Zoninq Atlas ot City - Seville
27. Second Readinq -Ordinance No. 1177 - Vacating
Alley in Coachman Heights Subdivision Revised
(Dimmitt Car L.asing Inc. , Byars)
29. Second Readinq - Ordinance No. 1182 - Amending
Section 18-5 at Cod. relatinq to appointment
of Board of Mju..t:llent (, Appeal on Siqns
29. (Continued) First Reading - Ordinance No. 1776
- VAcatinq Alley 1n aellealr subdivision for-
m.rly approved in 1946
30. Fir.t R'Ading - Ordinance No. L781 - Repealinq
Ordinance No. 17G3 and Amending Zoning Atlas
(P.M. 12/15/71 - Am.rican Oev. Corp. - Beckett
Lake E.tat..) (correcting legal description)
CONTINUED:
25. Walter Smith - parking problem
north Beach area.
Robert Bickerstaffe-opposed to
Belmont area housing project.
Acquire property to widen Greenwood
and. Woodlawn.
Murray Fuchs - questions on new
garbage system .to be implemented.
26. Ord. 11751 adopted
. .27.. Ord. ,11777. adopt.ed
:1..28.' O'rd. '1782 adopted
~~:29. Ord. '1716. passed 1st
<, ;:;30.. Ord. '1781 passed 1st
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reading
,reading
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1. commissioner Martin
2. Major McClamma .
3. Certificates of Appreciationl
Henry McWhorter - P&R Roard
Leon Hill - Artist in Residence
proclamationst
5/21":5/21/78
5/21";5/28/79
6/5 -5/11/79
6/2 -6/3/78
Home Health Week
Cultural Arts Week.
Clw High Swim Team
week
Babe Ruth League
Days
Service pins awarded B employees
Approved
Approved
Policy adopted, sale/purchase for
labor intensive industrial only
and not speculative
8. Approved
9. Approved:-
Clearwater Marine Sales
Barber Shop
Realty & Insurance Office
Service Station
Approved extension maximum 3
months
a. Approved subject to conditions
b. Approval clarified to include
4 conditions
Approved
Sunday, May 21, 1978
~eat, Marwick, Mitchell & Co.
Audit Agreement extended 1 year
First and second year development
approved subject to Parking Plan
approval '
Resolution #78-59 adopted - Manage-
ment procedures & policy section
adopted, technical section & Clear-
water Plan recognized as interim .
guides until completion of drainage
basin study
Approved with conditions
Approved with conditions
Filing applications and executing
contracts app~oved:
a. . Reso. #78-60 adopted
b. Reso. #78-61 adopted
City Manager.reported on bills
before the legislature.
4.
s.
6.
7.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Approved amending deed for prop-
erty exchange with School Board.
WID. England appointed to 201 Tech~.
nical Advisory Committee
Reso. #78-62 Adopted opposing HB ,
359 that would eliminate deep-well
injection.
HB 528 millage Certification -
'City Manager authorized to oppose
21. Denied fence
22. and 23. No citizens to speak.
Ord. i1768 - Passed 1st Reading
24. a. Approved RS-60 with FD.2
b. Approved Public with FO 1
c. Approved CG with FD 1
25. Citizens:
Walter Smith - suggestions to re~-'
duce legal adver.tising costs.,;' .
Ron Schult~ - Fence and plant re-
moval, north end of Clearwater
Beach resulting in erosion to
abu~tin9 property~
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May 18, 1978
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