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06/15/1978 "I "- ., , . \ , ,. CITY COMMISSION MEETING June 15, 1978 The City Commission of the city of Clearwater met in regular session at the City Hall, Thursday, June 15, 1978, at 9:30 a.m., with the following members present: Charles F. LeCher Karleen F. DeBlaker Karen Martin William Nunamaker Richard E. Tenney Mayor/commissioner Vice-Mayor/Commissioner Commissioner ' commissioner Commissioner Also present were: Anthony Shoemaker Frank Kowalski Terence Jennings Frank Daniels City Manager Chief Asst. City Attorney Representing City Engineer.. Police Chief The Mayor called the meeting to order. The invocation ',I was given by the Reverend Ray E. Jones of the First Christian Church. The Pledge of Allegiance was led by the Mayor. ITEM *3 - Introductions and Awards. Rex Diem, principal of the ,Safety Harbor Exceptional School, presented to the City a Certificate of Appreciation in recognition of the Parks and Recreation Department's sup- port in the special olympic games. Certificates of Appreciation were presented to Eddie Moore, Director of Parks and Recreation Department, for 39 years of service; Paul Kane, Director of Public Service De- partment, 40 years of service; and June Taylor as President of the Governmental secretaries Association. ITEM #4 - service Awards. Nine employees were awarded service pins. ITEM #5 - Minutes. Commissioner Tenney moved that the minutes of the regu-' lar meeting of June 1, 1978, be approved as recorded.and as submitted in written summation by the Clerk to each Co~nis- sioner. Motion was seconded by Commissioner Nunamaker and carried unanimously. ITEM 16 - Consent Agenda. 6.1 ,Notification of Expirations and Resignations of Advisory Board Members: a. Community Relations Board b. Mobile Home Park Board c. Parks and Recreation Board "" .6.2 C~mmunity Impact, Statements recommended approved by the . ' . Resourc~ Development Committee for: ,\ ... "I,' L." , >', /0. . . . ,., '. . ""'.. ,+ .. . .. ,~ :.: . .> ,: ~.! ~ ~ ,'.. l, .....~ :~.:-':.{::". ,::~l~: 6~15/78 i-, : ,', , ~ Weaver commercial Park located on the east side of Hercules Avenue between Range Road and.Palmetto Street. In NE~ of Section 12-29-15 - Weaver Enter- prises, Inc. Viewpoint On-The-Bay, Inc., multi-family residential develorment west of Lime Street adjacent to Clear- water Bay. Block 10, J. K. Cass Subdivision - Hanmore Development corporation. Hillcrest Villas (formerly Deerwood Apartments), US 19 south of Florida Power substation. In SE~ of Section 3l-28-l6 - Stanley Freifeld. Charlie Harris Pontiac addition to existing facility at 1320 US 19. In SE~ of NE~ of Section 19-29-16. Rosetree Court, single family residential subdivision on Nursery Road east of Stewart Boulevard. In NW~ of SE~ of Section 19-29-16 - u.S. Home Corporation. 6.3 Change Order #1, Final, City Hall Annex Parking Lot, adjust quantities bid to quantities used, W.L~ Cobb Construction Co., Increase contract $1,797.06 for a total present contract of $43,435.06. 6.4 Rezoning of Tract 21, Countryside, Section 29-28-16 from RM-24 (mUlti-family residential) to RPO(residential planned development). See Item 6.4 of 3/16/78 City Com- , mission meeting. u.s. Home Corporation reques~ for with- drawal. Commissioner DeBlaker moved to accept the i.tems listed. on the Consent Agenda and that the appropriate officials be author~ ized to execute same. commissioner Nunamaker seconded the motion which carried unanimously. ITEM #7 - Library Special Account - Current balance $15,577.38. ",> oJ Gifts and bequests have been made to the library and funds expend~d outside of normal city budgeting procedures. The Library Board suggested a special record be kept. Establishment of a project code in the Special Program Fund will provide a mUlti-year record of receipts and disbursements. Commissioner Martin moved to approve the establishment of an account in the Special Program Fund to authorize and control expenditure of funds presented to the Clearwater Public Library, and that the appropriate officials be authorized to execute same. Commissioner Nunamaker seconded the motion which carried unanimously. ITEM i8 - Memorial Causeway DraWbridge Regulations. Special drawbridge regulations have been in effect since 1971. The Coast Guard proposes that the Florida Department of Transportations's recommendation for special drawbridge regula- tions be amended to read IIFrom 9 a.m. to 7 p.m. daily the ' draw span of Clearwater Memorial DraWbridge may not be opened' except on the hour and half-hour to allow any accumulated ves~ sels to pass. At all other times, the draw shall open on , signal. II !, ~, " T 2~.. \:\~ 6/15/7.8 ~ . I' . . commissioner Nunamaker moved that staff be directed to inform the pine11as County Commission, the Florida DOT, and the Commander of the Seventh Coast Guard, by letter, that the City supports. the amended regulations for Memorial Causeway Drawbridge 8S proposed by the Coast Guard on May 21. 1978. Commissioner DeBlaker seconded the motion which carried unani- mously. ITEM '9 - Resolution '79-74 - Requesting the u.s. Coast Guard review the drawbridge regulations presently governing Clearwater Pass Bridge. Clearwater Pass Bridge currently opens on signal and vehicular traffic is disrupted and delayed. Strong currents, limited maneuvering room and congested water traffic in the channel will not permit limiting draw openings to the hour and half-hour. A IS-minute period between openings on weekends is recommended with a large digital clock advising boaters when the bridge will open. Bill Burchfield, Harbormaster, responded to Commission questions on alternatives for the clock. The proposal to be presented to the Coast Guard states that the draw need not reopen for a period of fifteen minutes after each closure from noon to 7 p.m. on Saturdays, Sundays and holidays. . , Commissioner Martin moved to pass and adopt Resolution 178-74 and that the appropriate officials be authorized to exe- cute same. Commissioner Nunamaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. "Nays": None. ITEM #10 - Request for Extension of Time For Obtaining Consents or Approvals for proposed Dredging in Tracts Hand J, Northwood Estates, NW~ of Section 32-28-16. Anthony S. Battaglia, attorney for the developer, requested the item be withdrawn. No action was taken by the Conunission. ITEM ill - Historic Preservation Element, Clearwater Comprehensive Plan. This element provides a means for establishing historic overlay districts in older neighborhoods, establishing and main- taining collections of historic artifacts, and for preserving the oral history of the Clearwater area. commissioner Martin moved to approve the Historic Preserva- tion Element for transmittnl and review by other agencies. Commissioner Nunamaker seconded the motion which carried unani- mously. ITEM #12 - 'Housing Element, Clearwater Comprehensive Plan. The plan addresses needs for housing assistance, and enumer- ates programs available for meeting these needs. Commission expressed concerns about the estimates of income and ranges. The Planning Director reported the income figures could be deleted as the' number of units to be built was the . important item. . " .. <' . ~ I < ", ' ~~~j~?; :';ti~'i:~;;::::..... ... .... ~,';f},;""'.(;:~~:"..!q\;..."::,,, . ~r.(.'! ~.~..'G ..;,~",.Tl.:l~-~~~J-:'~rJ-~~' ~ ...... < 3. 6/15/78 . , , " ,""" I:. ~I \ e Commissioner DeBlaker m~ved to continue this item to the' next regularly scheduled Commission meeting, July 6, 1978. Commissioner Nunamaker seconded the motion which carried unani- mously. ITEM *13 - preliminary Plat Review, Rosetree Court, Pine1~ laB Groves in the NW~ of the SE~ of Section 19-29-16. - u.s. Home Corporation. This property located on Nursery Road east of Stewart Boulevard is zoned RS-60 (single family residential). The Planning and Zoning Board and the Planning Director recommend approval. The planning Director reported the property ,.,ould be divided into 18 large lots, with a long cul-de-sac. Commission discussed the recommended condition that the developer install a wooden fence on the double frontage lots. James Stacey, developer, and Eugene Caudell, engineer, responded to Commission queries on the pond which will be par- tially relocated and will take care of the drainage problem. Commissioner Martin moved to approve the preliminary sub- division plat of Rosetree Court, grant a waiver of the subdivi- sion regulations to permit a 750-foot cul-de-sac subject to the developer installing a wooden fence to a maximum height of six " feet with suitable gates and appropriate landscaping to be,ap~, proved by the City on each double frontage lot. Fence and' 1and- .\ . scaping is to be located at or inside the property li~es,of any interior easement in a uniform manner along the east,side of Lots 14 through 18. commissioner Nunamaker seconded the motion~ Commissioner Martin moved to amend her motion that the Engineer- ing Department be responsible for the su~face area of the pond, relative to size and aesthetic value. Commissioner Nunamaker accepted the amendment and the amended motion carried unan~mously. ITEM #14 - Preliminary Site Plan Reviews: a. Family Mart, In NE~ of Section 3l-2B-16 - u.s. Home Corporation. This S.B-acre parcel located on the east side of U.S. 19, north of C.R. 102 is zoned CP (commercial parkway). The Planning and zoning Board and the Planning Director recommend approval. Commissioner Martin moved to approve the preliminary site plan for Family Mart subject to approval by required City departments. Commissioner Nunamaker seconded the motion which carried unanimOUSly. b. Hillcrest Villas (Formerly Deerwood Apartments) M&B 5-4 in the SE~ of section 31-28-16. U.S. Home. , " This 16.2-acre parcel located on u.S. 19 south of the Florida Power substation is zoned RM-16 (multi-family residential) . The Planning and zoning Board and. the Planning Director recommend approval. (.:,:.(,:, " . The Planning Director reported :/"'~;':,::;,;.,::;.:.,;' -., an' existing project and the Traffic f;.,<,:i~;, ':.' J" :', parking. .~~:tJt:<t~;~;(l~V~/,/ >< .~.:~. , .tJfg~~~.ti''J''':'J~.~rtl,:''"r . .f ~ I.' . . .\.~~.t..;liw~'~:":':\"~{;.!f:~, .~~:'c,','~': .:", , r .l.t~)~l;..tfl;"'l.Wt-:"n:~""'.:'::~~f',: ",: ',,' , .," ,', " ~~t~,;r~ "21)JM~!.:":~!iJ~_:~':~ '~~:!"\\:'~~;"::";'4'/' l;' ~ ~ . . ,..~?!.lh"~';,::,,"'....,l.~,.-r:.t'.ltll"'~:1 1 <~,,' r,. ~ l. . ~~,tQ~?~~.~.~../.1~ ',.: .YI~ .,. this is the second phase. of 'I. Engineer now approves the. \ ' ;, "1 . .,' I .,' "~l' . :~f , ' I " . '.4. " ;::' ,', 6/1S/7~, .. , .. . I:: \..' _ ~ .,' , ,,:.<:;.;~:\:: ;';,}h'C\:!: \ . commissioner'Nunamaker moved to approve the preliminary site plan of Hillcrest Villas subject to compliance with the City Code for required parking. commissioner Martin seconded the motion which carried unanimously. c. Sunset North Shopping Plaza, Lot 2"less E 200 , Feet & less S.R. 588, Blackburn Subdivision. E. Mendenhall & M. Newall. This property located on Sunset Point Road west of u.S. 19 contains 1.63 acres and is zoned CP (commercial parkway) . Several City departments have been unable to solve prob- lems with the plan. The Planning and Zoning Board and the Planning Director recommend denial. William Johnson, attorney for the developer, reported working with the Traffic Engineer. Commission discussed the parking and suggested the applicant apply for a variance from the Board of Adjustment and Appeal on Zoning. Commissioner Tenney left the meeting at 11:00 a.m. By unanimous consent, Commission agreed to continue this item until after lunch and requested additional information. (See lower portion of this page). " ,\ " ITEM #15 - Rental of Jack Russell Stadium for Evangelistic, Crusade. The use of Jack Russell Stadium for November 26 through December 3, 1978 for a crusade has been requested. The group .' agrees to the regular rental fee charges of $75 per day basic I , rental, $10 per hour .for lights and $5 per hour for a grounds- keeper, but have requested removal of the existing chain link fence and railings which separate the stands and playing field. Building Maintenance Division will oversee the work of a profes- sional welding company and assure that the facility is restored to its original condition. The applicant acceptBtotal responsi- bility for all costs and work and will sign an agreement to this effect and provide certification of insurance. Commissioner Martin moved to approve the rental of Jack Russell Stadium for an evangelistic crusade sponsored by the "James Robison Evangelistic Association" and 25 local churches and to authorize the appropriate officials to execute the necessary agreement. Commissioner Nunamaker seconded the motion which carried with four unanimous votes. ITEM #16 ~ Authorization for New Positions: Eight Fire Fighters and One Training Lieutenant. Funds were budgeted in the 1977-78 operating budget for personnel for Fire Station #4 Training Facility. Commissioner Nunamaker moved to approve the hiring of eight additional fire fighters and one training lieutenant and that the appropriate officials be authorized to execute same. Commissioner DeBlaker seconded the motion which carried unanimous- ly with four votes. The Planning Director requested to return to Item l4-c. . ..ITEM 114-c - Preliminary Site Plan' Review for the Sunset North'Shopping Plaza.: (See upper portion of this page) .' ., . ", l' s. ','.. "" ''''. . , ". ;'.':><~.<':.<:6/~,5(7~, ': '.':',:,,'._,< :'!;,',~ ..".:~:,.:i..,.:.::,::,...:,.,:..~'-,..:..:.'.~:,.,;,~.~.).:~l.:f~ ; ~~; ,.: :1 ::. ,,:~:..; .\ ;t..).<~.:' "::'., .:- . .. ... .\. I \ ~ - on the staeus of lot clearing actions. The Ciey Inspector reported the lots remaining to be cleared constituted a menace to public health, safety and welfare. There were no objeceions. Commissioner Nunamaker moved that Resolution 178-73, passed June'l, 1978, be confirmed and made effective as to all persons and parcels listed thereon, excepe for those whose lots have , been verified as being cleared and those who have paid the city for the clearing, and thae the proper City officials and employ- ees be directed to proceed in accordance with law, to see that the lots are cleared. Motion was seconded by commissioner Martin. Upon roll call the vote was: IIAyesll: "Naysll: DeB1aker, Martin, Nunamaker and Tenney 'None. Absent: LeCher ITEM #20 - A Public Hearing on Request for Vacation of the West 2.5 Feet of the South 82 Feet of 5-Foot Utility Ease- ment Across Rear of Lot 18, Block I, Northwood Estates, Tract F. - G.Burnside et ale The request is due to encroachment Of .the new single family home into the existing easement. The house has been completed and the error was due to a mistake in the staking. Commission requested the City Manager research procedures to forestall future problems. Commissioner Martin moved to approve the vacation request and the City Attorney be instructed to include this in an ordi- nance. Commissioner Nunamaker seconded the motion. There were no citizens to speak in objection. Motion carried with four unanimous votes. ITEM #21 - A Public Hearing on Request for Annexation With CG (General Business) Zoning and Fire District #1 Classi- fication. - F. M. Wells, Jr. and Roy J. Rachel. Begin 30 ft. E of NW corner of NE~ of NW~, Section 11-29-15, run E 826.45 ft. to RR R!W, SWrly along said R!W 332 ft. M.O.L., W 591 ft., N 236 ft. to P.O.B. This property contains 3.7 acres and is located at 1609 Highland Avenue. A convenience store is under construction. An additional 20-foot dedicated right-of-way easement should'be deeded to the Ci~y, and lO-foot drainage and utility easements will be required along the north and south sides of the property as there are drainage problems. Parking does not comply with the Code and the parking lot , should be redesigned to protect a large live oak tree. A buffer of suitable fencing. is needed on the north side where the property abuts a single family subdivision. The Planning and zoning Board and the Planning Director recommend approval contingent on compliance with City Codes. The Planning Director reported construction was started under a County permit and there are drainage problems. The property had been filled in and no provision made to retain water. ; , " ....,:.. , ' . '!. 'ii'" j" . ." . '., 'I'. ,'. ' 6/15/-78 ,;' : ',,'1' " ':':', ": :.' " . ~ it. l . f ,': : .".: ,', ", ';:, ,,'<:, :;:...,; :,' ",. ::;' ~,: :'~::;~,:' ~,,' ~:~,<,':' ",:\>':;~"~"'i~:<'~~~ \ . .' Roy Rachel, applicant, reported all the appropriate permits were issued by the County. He agreed to all the' conditions and to buffer the property on the south side. Roy Bertke spoke in opposition. Two citizens discussed the County annexation procedures an4 the need to work closely with the County. Commissioner Nunamaker moved to approve the annexation contingent upon approval of the site plan by the various City departments and that all requirements of the City Code be met, establish CG zoning and Fire District #1, and to instruct .the ' city Attorney to include this in an ordinance. Commissioner Martin seconded the motion. The City Manager reported the City Engineer will work closely with the developer and all City requirements will be met. Upon the vote being taken, motion carried unanimously. The Mayor returned at 1:15 p.m. ITEM *22 - A Public Rearing on Minimum Housing Violations,' 1307 North Myrtle Avenue. Lots 1 Through 5 Inclusive, John William Subdivision Less Existing Road Right-of-way. - Fordman J. and Helen L. Beach, Jr. The City Manager outlined the case and asked the Minimum Housing Inspector, Al Gricius, to give his report. Upon., questioning from the City Attorney, the Inspector stated all requirements of the ordinances had been complied with and he recommended demOlition of the property as it is a health, safety and fire hazard. Repairs would exceed 50% of the valu- ation. He presented an aerial photo as Composite Exhibit A ' and copies of his report and photos of the property as Composite Exhibit B. Fordman Beach,' owner of the property, agreed the property should be demolished and stated he had slowly been demolishing them himself. Commissioner Nunamaker moved to uphold the findings of the building official and to order the removal or demolition of the structure by resolution, and that the appropriate officials be authorized to execute same. Commissioner DeBlaker seconded the motion which carried unanimously. . (Also see Item *41, Resolution *78-75). ITEM *23 - A Public Hearing on Requests for Rezonings in the North Greenwood Area - city Application. (Continued from 6/1/78. Notice of Public Hearing attached to 6/1/78 minutes). The area proposed for rezoning is bounded by Marshall Street on the north, North Garden Avenue on the west, North Greenwood Avenue on the east and Drew Street on the south and is known as the North Greenwood Area. This 'is one of a series of proposed area-wide rezonings intended .to ~etter reflect current land use patterns and the Comprehensive Land,Use Plan. .Three maps were presented: Map 1 - The original proposal ,: identifying the proposed zoning changes as advertised and con- sider~d before the Planning and Zoning Board; Map' 2 ~ Planning ,and,Zoning Board recommendation identifying the' proposed zoning , . , its public hearing of June" 6, 1978; and \:~. ~ . :: . . " . , ~ ',1' I : +: ~ . c I . L .' > L . . '. , . . '.' .~ , '.' ,,',..:~ :. I', .. . ': ..:.: < ~~.. .<.~.~~.:~ .:L.~ :.> (.~~:~.> ,~ '. .6/15/78"" ,. . "<""'" .,:;-:t..'e',:.~. .'.''.. ,<~..:':~.. :~:...J. ,>' f'~.\.::r...~,1.;~> 'I I, Map 3 - A revised staff reaommendation identifying the proposed zoning changes in recognition of comments offered at,the P&Z Board public hearing and the recommended action of the Board. The Planning Director outlined the properties to be rezoned and stated the area was mainly residential. There was a slide presentation. ,The planning and zoning Board recommended more commercial zoning on Myrtle AVenue than he felt was necessary as Fort Harrison and Greenwood have sufficient commercial zoning. Sam McClelland of the Property Appraiser's Office stated there is no cause and effect relationship between a rezoning of an area and an immediate reappraisal .by the County. Property values depend on improvements made to the property and the area. The market value approach is used in Florida and the selling price is the basis for reappraisals. A number of citizens spoke in support of the rezonings in general with most favoring the recommendation of the.Plan- ning and Zoning Board. The Planning Director presented the items as they were listed in the Public Hearing notice for June 1, 1978. 1. Change from CG (business) to PS (professional services) Lots 6, 7, Block B, Norwood Sub. and Lots 4 through 9 ' inClusive, Block 5, Lincoln Place sub. Properties are located on the East side of N. Myrtle Ave. between Marshall St. and Carlton St. " Commissioner DeBlaker moved to deny the request for PS (professional services) zoning for Lots 4 through 9, Block 5, Lincoln Place Subdivision, and to rezone Lots 6 and 7, Block B, Norwood Subdivision to RM-8 (single family-dup1ex-apartment), and that the City Attorney be instructed to include this in an ordinance. Commissioner Nunamaker seconded the motion which carried unanimously. 2. Change the following from CTF (commercial tourist facilities) to CG (business) - (A) Lots 9 to 16 inclusive, Block 1, Lincoln Place. Property is located on E side of Taft Avenue between Grant and Carlton Streets. (B) Lots 6, 7, Greenwood Manor, and W 90 ft. of Lot 31, Palm Park sub., located between N. Greenwood Avenue and Pennsylvania Avenue south of LaSalle Street. Commissioner Nunamaker moved to approve the request to rezone from CTF to CG, Public Hearing Items 2A and B and that the City Attorney be instructed to include this in an ordinance. Commissioner DeBlaker seconded the motion which carried ,unani- mously. ' 3. Change from CG (business) to P (public) - that part of Lot 3, Lesley's Sub. and that part of Lots 5, 6 and 7, E. .A. Marshall's Sub. between N. Garnen Avenue and N. Myrtle Avenue located south of Marshall Street. , Commissioner Nunamaker moved to approve the request to rezone from.CG to P, Public Hearing. Item #3,.and. that the City Attorney be.. instructed to include this in an ordinance.. Cornmis~ sioner DeBlaker 'seconded the motion which carried unanimously. ,.(:'1 " . . ',..'. :..~:.",. '6/15,/19'. '." . ,. ~ . . :. c " ~.., . . ," ~ \ . ".e .. . l' ," . " 4. Chonge from CG (business) to ML (light manufacturing), Lots 14 to 18 inclusive, Block 2, and Lots 19 to 21 inclu- sive, Block 3, Rouse Subdivision~ Lots 6 to 8 inclusive,: Block 1, Merritt's Sub.; and begin NW corner Lot 8, Mer- ritt's Sub. run E 164 feet M.O.L. to RR R!W, NB'ly 137 feet M.O.L. to S R!W Nicholson Street, W 170 feet M.O.L., SW'ly 135 feet M.O.L. to P.D.B. - M&B 8, Section 9-29-15, located on W side of RR between Nicholson and Eldridge Streets. Commissioner Nunamaker moved that Lots 14 through 18 in- clusive, Block 2, Rouse Sub., remain CG and the balance of Public Hearing Item #4 be rezoned ML and that the City Attorney be instructed to include the rezoned property in an ordinance. Commissioner Tenney seconded the motion which carried unani- mously. Change from CG (business), RM-12 (duplex apartment), CTF (commercial/tourist) and ML (light manufacturing) to RS-50 (single family) ~ Lots 1 to 19 inclusive, Block 2; Lots 2 to 6 inclusive, Block 3; Lots 1 to 6 inclusive, Block 4; Lots 1 to 20 inclusive, Block 5; Lots 9 to 14' inclusive, Block 6; Lots 3 to 14 inclusive, Block ,7;'Lots 1 to 20 inclusive, Block 8; Lots 1 to 6 inclusive, Block 9; Lots 1 to 4 inclusive, Block la, Lots 1, 2, 6, 7, 10, 11, 13, 14, 15 and 16, Block 11, All in Pinecrest Sub., located between N. Greenwood Avenue and N. Myrtle Avenue and between Palmetto Street and Maple Street. The Planning Director reported a compromise had been reached and RM-8 (single family, duplex~apartment) is recom- mended. 5. , ' Captain David Panossian replaced Chief Daniels at 5 p.m. Commissioner Nunamaker moved to rezone Public Hearing Item 5 to RM-8 and the City Attorney be instructed to include this in an ordinance. Commissioner Martin seconded the motion which carried unanimously. 6. Change from CTF (commercial tourist) to RM-16 (multi~ family), Lots 1 to 16 inclusive, Block 2, Lincoln Place, Lots 1 to 5 inclusive, Lots 12 to 16 inclusive, Block 3, C. E. Jackson's Sub.; Lots 1 to 5 inclusive, and Lots 12 to 16 inclusive, Block D, Palm Park Subdivision; Lots 8 to 15 inClusive, Greenwood Manor Sub.'-and Lot 33, Palm Park Sub. Property is on the east side of Pennsylvania Avenue between Grant Street and a portion of Metto Street. Discussion ensued on commercial zoning along Myrtle Avenue. , Change from CG (business) and CTF (commercial tourist) to RM-12 (duplex apartment) Lots 1 to 12 and 17 to 29 inClusive, Unnumbered Block, Palm Park Sub.; Lots '1 to 5 inclusive, Block A, Lots 1 to 12 inclusive, Block Band Lots 1 to 16 inclusive, Block C, all in Palm Park Sub.; Lots 1 to 8 inclusive, Block 1, and Lots 1 to 16 inclusive, Block 2, C~ E. Jackson's Sub.; Lots 1 to 6 inclusive, J. Williams Sub.; and begin NW corner Lot 1, Block A, Palm Park Sub.', run N 40 feet, E 143 feet to RR R!W, SW'ly 42~ feet, W 128 feet to P.O.B. Section 10-29-15. (M&B 16),,' Properties are bounded by North Myrtle Avenue, Carlton Street, Pennsylvania Avenue and Palm Bluff Street. . . , 7. '" . ,..' Commissione,r. Nunamaker moved to rezone Public Hearing ..... " ' ., It.~m':.~ to)RM-16 and to readvertise Public Hearing Item 7 from CG, '~~';',:',\:.:'.".;. '.", :'. ',(bu!?ines's), and CTP (commercial tourist) to RM-16 (duplex apart- I. ~.;t~(<~':."..,.::'),'.:meIitr prop~rty located east of the railroad from Carlton St. to ~l;;li~~~i~~f\~,\,'~,~',~~f;. :;',i~(,,' :":~\,;,,,:;:,-;:,::..,,~ ....,,: ".;.:':' :.,.,.. .' . ,. ' ", ,f 1;,,~"('7!I::~;i'( (/ ;,:i:: ii' ';i ~ <,10::, ." .' ,',; "",'. /,':;,:,',~ :,6. /;~5.1 :.'~,:. ",:., "f'::'>;!'::';;" ;:i~:, ;;,:;(.:,:, .;4t~I~~;:c};:~~~:~-ii.q,:.:.:-.;,,,~,--: .\..1..' :.>~.~'r '. . r..,.".~.' . _ ~ r . Penn. Ave. to Palm Bluff st. and the City Atty. be instructed to include the rezcmed property in an Ordinance. Commissioner Martin seconded the motion. Upon the vota being taken, commissioners Nunamaker and Martin and Mayor LeCher voted "Aye", Commissioners DeBlaker and Tenney voted "Nay.1I Motion carried. Commissioner Nunamaker moved that Lots 1 through 5 Block.A, Palm Park Sub., Lots 1 through 6, John Williams sub. and M&B 16, located west of the railroadrremain CG (general business). Commissioner Martin seconded the motion. Upon the vote being taken, Commissioners Nunamaker and Martin and Mayor LeCher voted "Aye", Commissioners DeBlaker and Tenney voted llNay." Motion carried'. The Planning Director suggested if Myrtle Avenue is strip- zoned CG from Maple Street north to Marshall Street that Garden Avenue be rezoned RM-a from Eldridge Street to Engman Street. ' B. Change from CG (business), ML (light manufacturing) and RM-12 (duplex apt) to RM-B (single family) the 'following - Lots 1 to 19 inclusive, Block 2, Hart's let Addn.; " Lots 31 to 36 inclu$ive, 49 to 66 inclusibve, Oakwood Sub.; Lots 9 to 13 inclusive, Block 2, Rouse Su .; Lots 1 to:> inclusive, Block 1, Merritt's Subdiv:j.sionr iLots 1 to 20 ,; iocluS1ve Block 1 and Lots 1 to 10 ~nc1us ve~ Block 2, . N1cnolson's SUb.; Lots 1 to 6 1nclus1ve, BlOCK 1 and Lots 1 to 4 inclusive, Block 2, of Padgett's Sub.; Lots 33 to " 44 inclusive, Block 0, and all of Block E, Eldridge Sub.; , Lots 15 to 30 inclusive, Palm Bluff 1st'Add.; Lots 21 to 3B inclusive, Enghurst Sub.; Lots 11 to 15 inclusive, Twin Oaks Sub.; Lots 13 to 16 inclusive, Unnumbered Block, Palm Park Sub.r Lots 1 and 2, Block A, Lots 1 and 2, Block a, Lots 1 to 7 inclusive, Block C, Lots 1 to 5 inclusive, Block 0, Lots 1 to 5 inclusive, Block E, Lots 1, 2, 3 and 6, Block F, in Jurgen's Sub.; Lots 1 to 7 inclusive, Block A, Palm Park Replat; Lots 1 to 7 inclusive, Block.B, Palm Park Replat; Lots 1 to 14 inclusive, Pennsylvania Sub.; Lots 4 to 9 inclusive, Mason's Sub.; Lots 7 to 12 inClusive, Block 4, Lots 7 to 12 inClusive, Block 9, Pine Crest Sub.;' Begin 84 ft. N of SE corner of NE~ Section 9-29-15, S 210 Ft., W 215 Ft. to RR R/W, NElly to point W of P.O.B., E to P.O.B., less streets located E of RR, S of Cedar Street (M&B 7); Begin at intersection Eldridge Street and Eline of RR R/W section 9-29-15, run NElly 153 ft. along R/W, E to E line of Section, S 142~ft., W 400 ft. to P.D.B. less streets located N of Eldridge Street between N. Myrtle Avenue and RR R/W (M&B 15,16,17); Begin 27~ ft. W. and 5 ft. N. of SW corner Lot 7, Mason's Sub., Section 10-29-15, run W. 56~ ft., N. 224 ft., E 56~ ft., s. 224 ft. to P.D.B. and vacated street W of Lot 7, Mason's Sub. less Metto Street located E. of Pennsylvania Avenue and N. of Palmetto Street (M&B 10 and 10-1); and Begin 26B ft. N. of SW corner of NW~, section 10-29-15, run N. 152 ft., E. lB5 ft., S. 152 ft., W. IB5 ft. to P.D.B. less R/W N. Myrtle Avenue and Jurgens Street located E. of N., Myrtle Avenue and both side of Jurgens Street. (M&B 11 to 15 inclusive) 9; Change from CT~ (commercial tourist) and CG (business) to RM-8 (single family) - Lots 1 to 16 inclusive, Block 3, Lots 1 to 17, inclusive, Block 4, ~ots 1, 2, 3, 10 and 11, 'Block 5, Lincoln Place Sub. );Lots 1 to 7, inClusive, Block A, Lots 1, 2, 3, 6,7 and B, Block B, Norwood 1st Add., Lots 3,4.~and 5, Block B, Norwood Replat; Lots 1 to 3, inclusive, F. Bruhn's Sub. & Lots 1 to 4 Inclusive of .". d. ' Marshall's Townhouses, located between Marshall and , ' , ,Carlton,Streets and between N. Myrtle Avenue and N. ~~F;,;-:,;?..\:::'.':;: \i';':<'.~,'>' ":, " Greenwood Avenue. . " . ~;~~~~~1.~;(~~~~::,~::i(;:\S:~':i:;..t,~,<'."...;".:, .~. '.... ',~.,' "" ~':I:i' ""f:S ..,.,..'.' ,. i'..)..... ,. '., ,." " (. .'~:;;.r~~~~-l:~~;~i>>~;~~:;:~~~;i:~.:>.:.:.','.::, ;/~ ..:', ,:" ,.",' ", " ~\ . r. 't<<:5:'U\ \1$..~~t ~ I. 'S;"I.....~. Y,j(:-r~ _\ " ".. ' ..,. '.~ < I , , ,. ~..!' t~i:"",,' ';~.l~j ,., r "J. ,'". ., ,'" ., ""... ~\,,.t;~',~~~~-f~~~~~\:.;..~..~I<,:.r.~:.:;"'.~"I~~,,.:~';~ ,:". ,..~{: .l :~(".:. , ." I ~ t~:...('Ur,....f-\j.t.....:.J;.'"Yt..".. ,....:.~....,.~'.~. . ," ' "., ;. , . .\: , ~ i ,; . \,' ..., . I.~;. . ~ ' "'- . 'I ITEM *40 - For Direction - Ordinance *1793 ~ Amending Section 4-18 Re Liquor Zoning Regulations to AddOefinition8 and Establish zoning and Site and Structure ~equirement8 for Consumption On or Off Premises and to Define Private Club. (Continued from 6/1/78). Commission previously requested closing hours and diatance between an establishment and a residential area be checked. commissioner DeBlaker requested the definition of alcoholic beverage establishment on..Page 1, Section 4-18 (a), be revised, Section 4-18.1 (a) (2) to'delete the word Ilmay" and insert t.he word "shall" and to add another paragraph stating "No alcoholio beverages establishment shall be established in the zones where they are allowed if the property is adjacent or adjoin- ing single family zoningtl; and to redefine "church.1I The . Chief Assistant City Attorney stated he would research the questions and appreciated the direction. ITEM #41 - Resolution #78-75 (See Item #22 Under Public Hearings)' . ITEM #42 - Authorizing Execution of Easement, Southeast Corner of Lot 10, Clearwater Industrial Park - Poser Business Forms, a Division of Safeguard Business System, Inc. This easement from the City to Poser Business Forms is for ingress and egress purposes and granted as a condition in the contract for the sale of Lot 2 less the West 450.75 feet of the Clearwater Industrial Park Replat. Commissioner Martin moved to approve the easement and to authorize the appropriate officials to execute sarno. Motion was seconded by Commissioner Nunamaker and carried unanimously. ITEM #43 - Acceptance of Easements: The Chief Assistant City Attorney presented the following easements: Easement for drainage, North 20 feet of Lot 16, Canterbury Heights Subdivision, by Manley K. Lashua. Easement for sanitary sewer, West 7~ feet of Lots 48 and 49, Del Oro Gardens, by Charles F. Joseph. Easement for drainage, West 75 feet of Lot 7, Block A, Fairview Addition, by William Maurisak. .. Easement for drainage, North 10 feet of Lot 8, Block A, Fairview Addition, by J. R. Howard. Easement for right-of-way in Portion of Lot 1, Block 5, Jones Subdivision of Nicholson's, by Henry C. Bias. . Commissioner Martin moved to accept the above instruments and to-direct the City Clerk to record S4me in the Public Records of pinellas County, Florida. Motion was seconded by Commissioner Nunamaker and carried unanimously. ITEM '44 ~, Lot Mowing Resolution 179-76 (Lise 13). " ",.., ~ , , ' ':. . " ~<< ;', ." . Co~issioner Martin moved to pass and adopt Resolution '(_"":',-:" "" , . ',: .'f78-76:',~rid to authorize the appropriate officials to execute ~;f~i~\;;~;:",t:;?&);< ,~;;;:{:. ,/~'t-;" " , " .._r"(.~'n'.~'{,-";-'f""'"iS~''''''''''' .,.'," " ,".' .'..,. , ' +:,~."l' '7jtl""',~fi~Ij.~~?:;'~,~~t~::;.i~,,:):;:t;;;>:>,',"::::;~.:::'> ~ " . , , it 1...,{~"t;.~~'r..h~~.I".."" 'i' ~c~" .r, '1': . . ". :.f;~k!iJ,."i"li'..:.;.r;I'"''\\':',1''i- '. ,r < T. FINAL AGBNDA - Ci~ommiSSion Meeting - June 15. 1978 ITEM 1. Invocation 2. Pledge of Allegiance 3. lntroductions and Awards 4. Service Awards (9:30 A.M.) s. City Commission Minutes of June 1, 1978 CITY MANAGER REPORTS Regular Meeting of 6. Consent Agenda 7. Library Special Account 8. Memorial ~auseway Drawbridge Regulations 9. Resolution - Regulated Opening of Clearwater Pass Bridge Request for Time Extension for Northwood Estates Historic Preservation Element, Clearwater Comprehensive Plan Housing Element, Clearwater Comprehensive Plan Preliminary Plat Review, Rosetree Court, Section 19-29-16 (U.S. Home) Preliminary Site Plan Reviews: a. Family Mart, Section 31-28-16 'b. Hillcrest Villas (Formerly Deerwood Apts.), 9. Section 31-28-16 c. Sunset North Shopping Plaza, Section 6-29-16 10. Rental of Jack Russell Stadium for Evangelistic 11. Crusade Authorization for New Positions - Fire Dept. Re'quest to Waive Fees - Pine1Ias County School Board Verbal Reports and Other Pending Matters 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PUBLIC HEARINGS (12:30 P.M.) Lot Mowing Resolution #78-73 (List #2) Request for Vacation - W 2.5 Feet of S 82 Feet of 5-Foot Utility Easement, Lot 18, Block I, Northwood Estates (Burnside) Request for Annexation - Portion of NW~ of Section 11-29-15 (Wells & Rachel) Minimum Housing Code Violation - Lots 1 Through 5, Inclusive, John William Sub. (Beach) (Continued) Rezoning of North Greenwood Area (Ci ty- Ini tiated) Amending Zoning Atlas (P.H. 4/6/78 - Republic , Mortgage Investment Trust - City-Initiated) First Reading, Ordinance No. 1778 (See Above) 21. 22. 23. 24. 25. 26. Amending Zoning Atlas (P.H. 4/20/78 - So. Apt. Erectors; and USA Housing & Urban Development 27. First Reading, Ordinance No. 1784 (See Above) 28. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA 28. Citizens: Friends of Library petition with 5,527 signatures for construction of new library on present site, presented by Norma Mann. Jan Regulski & Matthew Moore spoke in support. Arta.Gates requested curbing be reconstructed. I'. - : c', 'T:'. ' .. ' c ~. .~ . . .:':><'.',:::',:>;::: ?::,:,:::,.;',:':~:,.' ',\ 9:30 A.M." ACTION 1. Rev. Ray Jones, First Christian Church Z. Mayor , 3. Cert. of Appreciation pre - ." sented by Safety HarhorCf~~"' Exceptional School for Parl<s ~~tl"', & Ree Dept I shelp & coopem-;if tion during Special Olympics. ;', Certs. of Appr. presented to > Eddie Moore, 39 yrs service;0 Paul Kane, 40 yrs service; <t June Taylor, President, .~:"<-4~'... Government Secy. Asso. ',,1;!-:/;,:. 4. Service pins awarded to ~':{'i#' .\'.(' ' 9 employees ft'.' , 5. Approved 6. Accepted 7. Approved $15,577 budget account in Special Program Fund for expenditures 8. City supports amended Coast Guard drawbridge regumtions Reso 78-74 adopted,reque5t~ ing Coast, Guard revise drawbridge regulations' Withdrawn by. applicant Approved for transmittal & review by other agencies Continued to 7/6/78 Approved with conditions a. Approved b: Approved c. Approved subject to BAAZ appr of parking variance Approved Approved 8 fire fighters & 1 training lieutenant Denied Verbal Reports - Approved political rally, Pier 60, 6/21/78 12:30-2:30 p.m. with cleanup condition Confirmed Approved Approved CG Zoning & F.D.Ul subj to compliance with all City code requirements Upheld Bldg. Officia~s rec- ommendation to demOlish In P.H. Notice order: 1. Denied PS 2-A & B. Approved CG 3. Approved P 4. Approved ML excluded 1 parcel 5. Approved RM-8 6-& 7. Property east of rr readvertised to RM-16. Denied - triangle west of rr remain CG 8 & 9. Approved P&Z Board ree RM-8 (exclude 2 churches). Myrtle Ave remain CG - strip zone 10. Approved CG ' 24 & 25. Ord. #1778 passed first reading 26 & 27. Withdrawn 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. ,1 June '15, 1978-' . FINAL AGENDA ~ City Commission Meeting ~ June 15, 1978 CITY ATTORNBY RBPORTS 29. Second Reading, Ordinance No. 1779 ~ Annexing Portion of N~ of Section 7~29-16 (City) and Portion of SW~ of Section 17-28-16 (Winner ,Tract - U.S. Home)' (P.H. 4/6/78) Second Reading, Ordinance No. 1780 - Zoning , Annexed Property in Ordinance No. 1719 ' Second Reading, Ordinance No. 1783 - Amending Ord. No. 1761 and Authorizing Refunding of $24,637,000 Utility Revenue Certificates (Previously Passed as Emergency Ordinance) Second Reading, Ordinance No. 1785 - Annexing Lot 1, Clearwater Manor (Avery); Lot 69, Clearwater Manor (White); Lot 28, Crystal Heights Unit 1 (Munns),) Lot 44, Skyline Groves (Levine); Lot 8, Clearwater Manor (Garner); and Lot SO, Clearwater Manor (Marquardt) (P.H. 4/20/78) Second Reading, Ordinance No. 1786 - Zoning Annexed Property in Ordinance No. 1785 Second Reading, Ordinance No. 1791 - Amending Chapter 25, Vehicles for Hire, to Provide No Public Conveyance as Defined Shall Transport Passengers from Points Within the City Second Reading, Ordinance No. 1792 - Amending Section 4~18 Re Alcoholic Beverages to Enact New Zone 21H,(Ponti1lo's Pizzeria) Second Reading, Ordinance No. 1794 - Repealing Various Sections of Chapter 13, Licenses and Regulations, of Code of Ordinances First Reading, Ordinance No. 1797 - Amending Chapter 6 of Code to Prohibit Diving or Jumping From Clearwater Pass Bridge First Reading, Ordinance No. 1798 ~ Amending Capital Improvement Budget for F.Y. 1977-78 First Reading, Ordinance No. 1799 - Amending Operating Budget for F.Y. 1977-78 4. (Continued) For Direction - Ordinance No. 1793 5. Amending Section 4~l8 Re Liquor Zoning Regu- lations to Add Definitions and Establish Zoning and Site and Structure Requirements for Consumption On or Off Premises and to Define Private Club Resolution ~ Finding a Minimum Housing Viola- tion - 1307 N. Myrtle Avenue (Beach) Authorizing Execution of Easement - Clearwa~er Industrial Park (Poser Business Forms) Acceptance of Easements Lot Mowing Resolution (List #3) 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Other Commission Action 46. Adjournment 47. Trustees of.the Employees' Pension Fund Membership in the Employees' Pension Fund , .48. Adj ournment ;..1" . ~&i.~!;?&,~~i;~~;'>;'" ...' .. ..... . . ' , ;~~~~'~~I;t'~l~~~~~~f';~';> i~.~; ::~~:""/.:;:: :; '. .:;": .:. >.... -; ,< ~~~i't' ;~~:f;'rJ,~~t)'~:!:;'~:I~I:/"<<},,:.',, ,'.,: ~:.. ,/", ~li""1f;. ~}tm~ftl~';j*',;~'::.>,' ,"'>;),\. :,:'" . "",' " . (Page 2) 9:30 A.M. Ord. 1#1779 Ord. 1/1780 Ord. 111783 Ord. 1#1785 Ord. 1#1786 Ord. ,1/1791 Ord. 1#1792 Ord. 1/1794. Ord. "1797 reading , Ord. H1798 reading as Ord. 1/1799 reading City Attorney directed to include additional restric- tions 1. Reso. #78-75 adopted 2. Approved 3. Easements accepted for recording: Sanitary sewer, Pt Lots 48 & 49, DelOra Gardens, c. Joseph ' Drainage, Pt Lot 7, Block A, Fairview Addition Sub, W. Maurisak Drainage, Pt Lot 8, Block A, Fairview Addition Sub, J. Howard Right-of-Way, Pt Lot 1, Block 5, Jones Sub of Nicholson's, H. Bias Drainage, Pt Lot 16, Canter~ bury Hts Sub, M. Lashau Reso. #78-76 adopted City Manager reported on Phillies Booster Trip Commission discussed land swap with Oak Cove for access; cleanup Bie prop- erty; condition of sidewalk on Osceola vicinity of Oak Cove; and new slide projection method Adjourned at 7:18 p.m. Accepted 9 employees Adjourned at 7:20 p.m. 29. 30. 31. 32. 33. 34. 3!L 36. 37. adopted adopted adopted adopted adopted adopted adopted adopted passed first 38. passed first amended passed first 39. 40. 6. .7. 8. " " " . 'i ,June 15, -: 1978 ',.<':.:~::' ..L.....'- ., '.~ u .. U, June 15, 1978 l' ~ -'~"'~:~""'''''''ryt'41'' .,., .........~-- ....., ( , ;....~!' ~~~Ia'"~~~r;::".1~" .. ._..tslk.:.~~-"'l <-.J.mt.:.._ 11. ,," :1 l..1,_, r",~" ,,~ ~I"l:_ ~Jl ~"""'~ ~ _ it ri't"':"""'l"l~~r::.::,:..;:::[=:f-~~~l.....,.t.,...~I'I;"",~\<~'!"'''~ijVj'''i",,~.:."''"t' ~..~ ~:~~~~ !.::.~-'";~~~~ l,,",,'il