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07/20/1978 " CITY COMMISSION MEETING July 20, 1978 The City commission of the City of Clearwater met in regular session at the City Hall, Thursday, July 20, 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 City Manager Frank Kowalski Chief Asst. City Attorney Max Battle City Engineer Frank Daniels Police Chief The Mayor called the meeting to order. The Pledge of Allegiance was led by Chief Daniels and the invocation was given by the Reverend William Anderson of Calvary Baptist' Church. ITEM #3 - Introductions and Awards. Employee of the month of May - Helen Giacobetti, Secretary III in the utllities Department. A resolution of congratulations was presented to Sophia Payton as winner of the Transcontinental Air Race Classic. Commissioner Martin moved to pass and adopt Resolution #78-85 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. Floyd Carter, Central Services Director, was presented a Fleet Preventive Maintenance Award. Wells Brown, Garage superintendent, was presented a Maintenance Masters Club Award. Twelve City employees were presented service pins. ITEM #5 - Minutes. Commissioner Nunamaker moved to approve the minutes of the regular meeting of July 6, 1978, as recorded and as sub- mitted in written summation by the Clerk to each Commissioner. Motion was seconded by Commissioner DeBlaker. Upon the vote being taken, Commissioners DeBlaker, Martin and Nunamaker and . Mayor LeCher voted "Aye"; Commissioner Tenney voted "Nay." Motion carried. ITEM 46 - Consent Agenda. ,6.1' Notification of Expirations and Resignations of Advisory Board Members: ilt*~!&,n~&ri,~,/,),."a';i~'~B)~d Recreadon Board (Condnuedfrom , " ,', "p', ,', '."" ):~I"I1l'~.t'hl,\q'l ..1'".....".". ,', ..... ,-. ,.'. '.' " " ,.' ..~\,'~~r,:'}'j';/;"'..''\..'l..\'.rl'J"'''... <. .",' , .,' , .,.', .' ...'. '.... ..... .~" ~.ljJj ~....,.,~]..;J~~jii;~~~~~P.-~.~t~-~f....;~:~I:..:~d.:,',J. ,l ,." .. " ". ,;,::-,' '..,':'._ _.,' .~ "..' I....., ~ 'I,<'\~ .,. ~,... ..,;ri~\..,.' f;,.,~I\;.,.,'I''''<'' ." . ,.' . ".. 1.. , '. . .... ..,..' 7/20/78 " . .... I ~$~"-:<':t"'):!.:,~~'.r~:.......,...,.- :.~ I I ~".' : ,: ','.': j ,r I .~. .~. t. ...-' . '..:.':: ..'. ,.J .'..... ". 1",. ,~~':- 1 ~~I~~.t...)~..\'~~.;'\', .: ~ I ,".' ~ ~.~, '..4' .,,'.,....-: r.~." w' ~~:, .' ..,...:. . -.1 ot"''i;'~J; ,~. t ':'<"t~r~;'..:,~.... ' il.~.,~.. ":'-l~ . ,~t""'o\.r ~~,)..,:.I,':t.1 '.. ..1 ',.. r' ....1'. ...,. . i' . ..I'~i.i."'''''.",I..f''''V.f ':.I-""'~~l' ~.', ,. I.~"l~"..'''r''''.... Fit;, ~ II. ?!t.?J.-:;:1f- ........-:.~....\......, .. . ".,', .. " I... " . .'.....:...-\,.~r~~.\:...\,. ',.rL'~"~1o,"'4,tt':l',._. ;'..'/:';.~' ..~ I', (,' ',.. _ ' ....~~ I'.' ".\It' I . . '+'1.. . J b. Community Relations Board (Continued from 7/6/78). c. Mobile Home Park Board (Continued from 7/6/78). d. Beautification committee. 6.2. Bid - 100 Armor, soft body handgun (bulletproof vests), 2 bids, low bid, Protective Apparel Corporation of America, Englewood Cliffs, N.J., $8,633.00. Commissioner Martin moved to accept the items listed on: the Consent Agenda and to authorize the appropriate officials to execute same. Commissioner Nunamaker seconded the motion which carried unanimously. ITEM #7 - Plan Approval for Fence within RPD at Village On-the-Green. Tracts 35, 38 and 39 in Sections 30 and 31-28-16, Countryside - U.S. Home Corporation (Continued from 7/6/78). Staff and the developer have been unable to arrive at a compromise fence agreement and the developer wishes to make a presentation. Bob Thornton of U.S. Home, requested a continuance as Jack Bodziak, the representative, was unavoidably detained. By unanimous consent, the Commission agreed to continue this item after lunch. (see page 10 ). ITEM #8 - Mortgage Guarantee Program - Reallocation of Funds. (Continued from 7/6/78). The Fire Training Facility and Fire station #4 on Belcher Road was funded by a grant from the Economic Development Admin- istration. The funding did not cover construction of sidewallts, engineering testing and a water meter. Revenue sharing funds allocated to the Mortgage Guarantee Program may be used to cover these construction expenses. Commission discussed the need for the sidewalk. . ' .' , Commissioner DeBlaker moved to authorize the City Manager to temporarily waive installation of the sidewalk at Fire Sta- tion Facility #4 until there is a need. Commissioner Tenney seconded the motion which carried unanimously. Commissioner Martin moved that the revenue sharing funds previously 'allocated to the Mortgage Guarantee Program be used to cover construction costs over the EDA Grant allocation for Fire Station Facility #4, and that all funds remaining there- after be transferred to Rehabilitation Loan Fund No.1. Com- missioner DeBlaker seconded the motion which carried unanimOUSly.' ITEM #9 - Lease Renewal - Clearwater Marina Room 4-A (E~ Room 4 in Marina Building on Lots 11 and 12 of City Park Subdivision) - Harry and I<atha:-ine Massa. 8/1/78': 9/30/82. I , . The current lease on Room 4 had been extended on a month- to-month basis to permit vacating a portion being used for storage and.to make it available for lease as general office space. The space has been divided and the redesignated 114-BII will be advertised when minor modifications are completed. Commissioner Nunamaker moved to approve the lease renewal and ,to, authorize the appropriate officials to execute same. Commissioner DeBlaker seconded ,the ,motion which carried unani- " .' . ~ :: . :;.. '>)'. (;', ' ".:\\':, ".' ',,_:, ,7/20/7B.'.' ':", .,1.,',', -.L:"'f' :,. ,;" <;:.{.:,\:;,.' ,,'.:>;' :0<.~; :::::.. :'~:,~ :;~;~'>/:\i;.:'.:,:.'. :~:~ :;,::'...~::'~:'\':;:;){~:2:; " ", ITEM tlO - US 19 at Imperial Cove (SE~, Section 20-29-16) U.S. Home Corporation. The city Manager reported a letter from the State D.O.T. recommending the acceleration lane be eliminated, could not be located and he recommended continuance. Commissioner Nunamaker moved that the residents be noti~ ifed of this change and that the item be continued to the August 3, 1978 meeting. Commissioner Martin seconded the mo- tion which carried unanimously. ITEM #11 - Purchase of Five (S)-Acre Tract of Land in the S~ of the SE~ of the SW~ of the NE~ in Section 21-28-16 - Paul Giuliani, II and Joseph F. Giuliani, Sr. This property is adjacent and contiguous to the city's, 320-acre site on which the new sanitary treatment plant is under construction and could be used for expansion of the spray ir- rigation fields, sludge drying beds, expansion of the tree farm, etc. The City Manager reported the "20llt Wastewater Treatment Plan has not been approved yet:and as it will indicate which sludge processes can be funded, federal funds are not availa- ble now. The property would be purchased by sewer system funds. Commission discussed a need for this property. Commissioner Martin moved to deny the purchase until such tfme as the property was needed. Commissioner DeBlaker seconded the motion. Future Development of the surrounding area was discussed and Mr. Giuliani responded to questions on accepting an op- tion to purchase, by stating he would have to consult with his partners. Commissioner Martin withdrew her motion and moved to continue this item to the regular scheduled meeting of August 3, 1978. Commissioner Tenney seconded the motion which carried unanimously. ITEM #12 - Charter Tour Bus Permit Request - whitley Limousine Service, Inc. Whitley Limousine Service, Inc. has requested a permit for bus and limousine service to transport passengers on tours to and from Tampa and st. Petersburg/Clearwater Airports. Commissioner Nunamaker reported the Central pinellas Transit Authority had not reviewed this request and moved to continue this item. Commissioner DeBlaker seconded the motion which carried unanimously. ITEM #13 - Request to Operate Limousine Service - William w. Childs dba Luxury Lfmousines. Luxury Limousines has requested a permit to operate a limousine service. The usual investigation was conducted and all requirements of the Public Conveyance Ordinance have been . ~. met. Commissioner Nunamaker moved to grant william Childs a permit: 'to operate a limousine service and to authorize the appropriate officials to'execute same. Commissioner Tenney i;{!(:':_'.:~.,""~ ." second~d:.the . motion which carried un~nimouBly. ~l*~;i-.Wt..!:S~:.((i;i.;.,.A:,', '::,;,.~,.:. ."," '. . . \ ., ,.~i.~lil"'" r., ".~{';'il.YA''''J''''jt,l. "(\1.,,-5;,,:-,, '"I', L" . .' . <~ ',"..' . .' , . ,~,. "4~c~1:;F't':;J)'~';~q~r:j~;;~\};~i.~t~~:::.,..;.\.'; ';::,":":",: ':", ';"':'.. L ~',\~1.:rl" ,...... \' '., ';' . '" ..,. .'..,., .....'J...~;I . .' " .~I' 'Jr " _, I 'i t .' . ...,.~ri;.~:a..t..:~1Lt,ol';~...i""I~ ~,,' ~.~'.' I l' .....,:.. I . . ~ \ . , ':l .,',:, '~.,' ....'::..<::<:.:. , '. ',>: ::: ,,:,.':: >:':; ',':.':.: :.,/ ',,:: :;". ,:~<:"l;.::' ..,::....,.;;..,..:'.::~r.i.'.:-;: ,3..... ".".': ........ 7/20/78.., ",,,,,,,,,,,,,,,,.,'.;,-. . ," . ~ '... .. . ., i4. ->..... u ITEM 114 - Sale of TWo (2.00) Acres of Lot 3, Clearwater Industrial Park Replat, to Ronald Nisk. The total purchase price of the property is $44,000, of which 10% ($4,000) is the realtor's commission. Commissioner Martin moved to approve the sale for construc- tion of a manufacturing building and to authorize the appropri- ate officials to execute same. Commissioner Tenney seconded the motion. Commission discussed an adjacent property owner's offer of right-of-way for Sunnydale Boulevard to Belcher Road. Upon the vote being taken, motion carried unanimously. ITEM #15 - Requests for Waivers - Watercraft operations on Clearwater Beach. a. M. Robinson dba West Coast Water Sports, Inc. 464 North Gulfview Boulevard. Commissioner Martin moved to consider the request of Mark Robinson for a waiver of Section 6-10 of the city Code of Ordinances. Commissioner Nunamaker seconded the motion which carried unanimously. Mark Robinson stated he had been in business at the same location for the past five (5) years and there have been ,no incidents. Commissioner Martin moved to approve a waiver of the pro- visions of Section 6-10 for the West Coast Water Sports, Inc. commissioner Nunamaker secondea the motion. Commissioner. Martin moved to amend her motion to read: "a limited waiver for launching in specific areas and thereafter the boats will not operate within 300 feet of the public beach.1I Commissioner Nunamaker accepted the amendment and upon the vote being taken on the amended motion, it carried unanimously. b. IIQue pasa, Inc." request for Occupational License, 470 North Gulfview Boulevard. Thomas Hersem, Attorney, asked for consideration of this request for a temporary occupational license. He represents two young businessmen who have invested in motorized jet skis and plan to rent them from the beach area of the Holiday House Motel Apartments. The request is for a waiver on probationary status for a specified period of time. Commissioner Nunamaker moved to grant a temporary occupa- tional license for 30 days to Que pasa, Inc., for the operation of motorized jet skis, with the City Manager authorized to stop the operation if it becomes a nuisance or hazard. Commissioner Tenney seconded the motion. several citizens spoke on the issue. Commissioner Nunamaker moved to amend his motion to 45 days with a review of the operation after 30 dqys. Commissioner Tenney accepted the amendment. Upon the vote being taken, the amended motion carried unanimously. Commission. recessed for lunch at 11:30 a.m. and reconvened at 12:30 p.m. Public Hearings ITEM 119 - A Public Hearing on Lot.Mowing Resolution #78-84, List 14. The Chief Assistant City 'Attorney explained the. purpose 'of, . this pUblic hearing and requested City Inspector Gil Wyers to I'.. ~) \ ' " ,.4 ~: '. .." +", ," ". .,. ,'.':~)/20l78..:...-:., " ','~.. : >.::: ,", ":.: ,:::" \ '.. : -:r.. I . report on the status of lot clearing actions. . The City In- spector reported the lots remaining to be cleared constituted a menace to public health, safety and welfare. Thomas Chaplinsky stated he clears his lot more often than the adjoining lot owned by the City. The City Engineer reported the City p~operty is being readied for a park and the Parks Department will be contacted to mow if the weeds are high. The state Department of Transportation owns an adjacent lot and they will be notified to clear the debris and portion of remaining foundation. Mr. Chaplinsky presented 4 photos of the lots in question and they were received as Composite Exhibit IIA.II Commissioner Nunamaker moved that Resolution #78-84, passed July 6, 1978, be confirmed and made effective as to all persons and parcels listed thereon, except for those whose lots have been verified as being cleared and those who have paid the City for the clearing, and that the proper City of- ficials and employees be directed to proceed in accordance with law to see that the lots are cleared. Motion was sec- onded by commissioner DeB1aker. Upon roll call the vote was: ttAyesll: DeBlaker, Martin, Nunamaker, Tenney and LeCher. ttNaysll: None. ITEM #20 - A Public Hearing on Rezoning Morton F. Plant Hospital Association, Inc. Property: Change from RM-2B (high density multi family) to ISP (institutional semi public) Lots 10, 12, 14 and W 85 ft. Lots 16 and 18, W 10 ft. of Lot 25, Lots 26 through 36, Bluff View Court, properties located on Bay Avenue~ Begin NW corner of NW~ of NE~ Section 21-29-15, run E 330 ft., S 660 ft., W 330 ft., N 297 ft., W 173.9 ft., S 33 ft., W 166.09 ft., NE 374.7 ft., E 209 ft. to P.O.B. (M&B 76, 60-3 and 15), property located between Druid Road, Jeffords Street, Bay Avenue and pinellas street. The Hospital amended its original application and de- leted properties zoned RM-28 to the north and RM-12 property to the south. A letter dated Julv 3, 197B, from the Harbor Oaks Asso- ciation in support of the Planning and Zoning Boardrs recommen- dation to downzone the deleted properties to RM-l2 (duplex/ apartment) zoning, and the letter dated July 10, 197Br from Harry S. Cline, attorney representing the Morton F. Plant, . Hospital Association, Inc., requesting the change in rezoning, were made part of the record. Commissioner Martin moved to rezone to ISP the Morton F. Plant properties as designated and to instruct the City Attorney to include this in an ordinance. Commissioner Nunamaker seconded the motion. The two properties deleted are currently used as parking lots. Harry Cline, Attorney, stated the present and intended uses are parking but they do not covenant with the Harbor Oaks Association to limit any future development. Upon the vote being take~, motion carried unanimously. ""_ ITEM '21 - A Public Hearing to Consider the Reallocation of $24,000 "from Third Year Community Development Block Grant L.aA~:'Acquisi~ion Account" to Supplement. Original Budget of I " " 7/20/7 B '.' . ' '. . .., . $32,500 for Construction of a Coin Laundry Facllity at Condon Gardens, Bid,' Condon Gardens Laundry Facilities,S bids, low bid, Everling Construction Company, Palm Harbor, $56,440.81. (Continued from 7/6/78)~ The city Manager requested the item be continued as a building redesign of less cost is being studied. Commissioner Martin suggested the Housing Authority be contacted about converting the maintenance building to a laundry facility. Commissioner Nunamaker moved to continue this item to August 17, 1978. Commissioner Martin seconded the motion which carried unanimously. ITEM #22 - A Public Hearing on the Zoning Appeal of Albert L. Valery Jr., Lot 64r Island Estates of Clearwater, Unit 7-C. The Chief Assistant City Attorney stated the Commission acts as an administrative body to consider the' granting or denying of a variance and outlined the procedures 'to be followed. The Commission discussed the need for modification of the ordinance. Donald M::Farland, Attorney, stated the height restriction of 25 feet was in effect before the floodplain requirement became law and construction must now be started 12 feet above mean sea level. Mr. Valery has amended his request to 27 feet. 4 inches in height in lieu of the 25 foot permitted and to ' construct a 3-story dwelling in an RS-75 (single family) zone. If he were to start his construction below the 12 foot level, the insurance rates would be exorbitant. Discussion ensued on the floodplain requirement and a number of citizens spoke in op- position. A petition with 19 signatures for denial of the variance was presented for the record. A drawing of the Valery home and the homes on either side, and four letters of opposition were also presented for the record. Commissioner DeBlaker moved to deny the request. Commis- sioner Nunamaker seconded the motion which carried unanimously. ITEM #23 - A Public Hearing on Violation of Standard Building Code, 1103 Railroad Avenue, Elijah Prophet Jones, Jr. and Christine Miller (formerly Christine Jones). Lot 11 and West Half (W~) of vacated street (formerly Ficht Avenue), less R/W of Railroad Avenue, Unnumbered Block, Palm Park Subdivision. The City Man~ger outlined the case and asked the Minimum Housing Inspector, Al Gricius, to give his report. Upon ques- tioning from the Chief Assistant City Attorney, the inspector 'stated all requirements of the ordinance had been complied with and recommended demolition of the property as it is presently a health, safety and fire hazard. The Minimum Housing Inspec- tor presented an aerial photo, seven photos of the house, and the official notice, which were, received as Composite Exhibit A. . . Elijah Jones stated he had been working on the inside of 'the house and presented six photos received as Composite i. "t :. ~ . ..,' I, '. 6.' . , .7/20/78 , .:~ ' \.) . I .-'t, '~" I, "', . . This change order will increase the contract to $6,969,733.27, add 106 calendar days and the completion date will be September 30, 1978. commissioner DeBlaker moved to approve Change Order '5 to the Biltmore Construction Compa~y, Inc. contract. Commis- sioner Tenney seconded the motion which carried unanimously. ITEM i17 - Bid - Portable personal radios, Police Depart- ment, state Contract 725-52-78-1, Motorola, Inc., Tallahassee, $17,068.00. This is a State of Florida contract and awarded under competitive procurement procedures. Commissioner DeBlaker moved upon the recommendation of the City Manager to award contract for 17 portable personal radios to Motorola, Inc., Tallahassee, Florida in the amount of $17,068.00 which is the lowest and best responsible bid, and to authorize the appropriate officials to execute said con- tract which shall be in accordance with the plans, specifica- tions and bid. Motion was seconded by Conwissioner Tenney and carried unanimOUSly. ITEM #18 Verbal Reports and Other Pending Matters. The city Manager reported the Phillies Booster Trip is scheduled for August 17 through 20, 1978, and requested an elected official plan to go. He suggested a proclamation of recognition for the Largo, Band of Gold to be presented upon their return. A briefing session on collective bargaining for union contracts will be held for the new commissioners. The City Manager suggested Clearwater host a meeting for the formation of a pinellas County League of Municipalities after August 15th. Commission consensus was to invite a core group to the first meeting only. He suggested having a full- time director who would attend Legislative Delegation and County Commission meetings and keep the City informed. The City Manager will be on vacation for two weeks and Assistant City Manager Michael Paroby will be in charge. City Attorney Reports By unanimous consent, the Commission agreed to hear Item #34. ITEM #34 - Second Reading, Ordinance #1803 - Amending Zoning Atlas of the City (Public Hearing 6/1/78, C. Boldog). Commissioner DeBlaker reported that under CTF-28 the ' developer must have an average lot depth of 200 feet or the height restrictions as set forth in CTF-24 will apply. The developer had planned a 5-story building and, under the circum- stancesr could not build. She suggested an amendment to the ordinance to rezone to CTF~24. Three citizens spoke in support of CTF-24 zoning. George Greer, attorney for the applicant, requested the ordinance remain at CTF-28. ,. ~. I:>~ . ., .,' . ~ > " . , 8. 7/20/78 ..." . ,II Commissioner Martin moved to amend Ordinance 11803 to CTF-24. commissioner DeBlaker seconded the motion. Upon the vote being taken, Commi.sioners DeBlaker, Martin and Tenney voted "Aye"l Commissioner Nunamaker and Mayor LeCher voted "Nay." Motion carried. CommJ.ssioner Martin moved to continue this item to August 17, 1978, to give the applicant time to consider the change of zoning. Commissioner DeBlaker seconded the motion which carried unanimously. By unanimous consent, the Commission agreed to consider Item #28 at this time. Mayor LeCher left during discussion of Item #28 and Vice-Mayor OeBlaker assumed the cha1r. ITEM #28 - Second Reading, Ordinance #1793 - Amending Section 4-18 Re Liquor Zoning Regulations to Add Definitions and Establish Zoning and site and Structure Requirements for Consumption On or Off Premises. Commissioner DeBlaker moved to amend Section 4-18.1 (a) (1) by deleting the wo:z:d "or" in the second line and adding a comma and the following additional districts: "csc, CP and CS." Commissioner Martin seconded the motion. Upon the vote being taken, motion carried unanimously with Mayor LeCher absent. Commissioner Martin moved to amend Section 4-18.1 (a) (2) to read as follows: "An alcoh'olic beverage establishment may be established as a permitted use in conjunction with the final site plan approval in an area zoned CPO. Such permitted use, as a part of the final site plan approval shall be subject to the approval procedure provided in Section 18.07 of the Zoning Code of the City of Clearwater". Commissioner Tenney seconded the motion. Upon the vote being taken, motion carried unani- mously with Mayor LeCher absent. Commissioner Martin moved to amend section 4-18.1 (b) (3) to delete the word "or" on the third line between the two zones, add a conuna and the following additional zones: "cscr CP and CS", and at the end of the paragraph delete the period and add: "or as provided by the provisions of Article .XVIII of the Zoning Code of the city of Clearwater". Commissioner Tenney seconded the motion which carried unanimously with Mayor LeCher absent. Mayor LeCher returned to the meeting and assumed the chair. Commissioner Martin moved to delete Section 4-18.1 (b) (2) and to renumber the subsequent sub-sections accordingly. Commissioner DeBlaker seconded the motion which carried unani- mously. The Chief Assistant City Attorney stated he would read the amended ordinance ~ 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 *1793, as amended, on second and final'reading and to authorize the appropriate officials to execute same. Commissioner DeBlaker seconded the motion. Upon roll call the vote was: I1Ayesll: DeBlaker, Martin, Nunamaker, Ten~ey and LeCher. "Nays": -, None. . ~ L. '. < /. ," . . T~ " '. 9.. .., '.':'" ::. , :~ ~ j, :.".. ",.,.' ..' .... 1" .'. .\ . .,1. 7/2,0/78! ,.' _,.! . 1. I \ , ", ~ ~ :: ' ,l. ": '\,. - I . .., "f By unanimous consent, the Commission returned to City Manager Report.s. ITEM '7 - Plan Approval for Fence within RPD at Village 'On-The-Green. Tracts 35, 38 and 39 in sections 30 and 31-28-16, Countryside - u.s. Home Corporation (Continued from 7/6/78) (See Page 2). David Healey, Chief Planner, reported a compromise agree- ment had been reached between the Planning Department staff and the developer. The proposed fence will extend along Oak Neck Drive and Belcher Road. Jack Bodziak, representative of U.S. Home, stated the compromise agreement accepted the staff proposal for recessed 30-inch maximum height, solid low wooden l6-foot sections every other lot line with plantings in the recessed areas. At the four streets there will be GO-foot sections of open split rail fencing. Commissioner Nunamaker moved to accept the detailed plan as agreed upon between the Planning Department staff and U.S. Home Corporation. Commissioner Martin seconded the motion which carried unanimously. Commission returned to City Attorney Reports. ITEM '26 - Second Reading, Ordinance #1784 - Amending Zoning Atlas (Public Hearings 4/20/78 - Southern Apartment Erectors Ltd. and Lionel Janna Trust, Owners; and USA Housing and Urban Development - City-initiated). . The Chief Assistant City Attorney stated he would read all of the ordinances by title only unless a motion was made to the contrary. Ordinance #1784 was read by title only. Commissioner DeBlaker moved to pass and adopt Ordinance #1784 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: IIAyesll: DeBlaker, Martin, Nunamaker, Tenney and LeCher. "Nays": None. ITEM #27 - Second Reading, Ordinance #1789 - Amending Zoning Atlas (Public Hearing 4/4/78 - V. Sain - City Initiated). The Chief Assistant City Attorney read Ordinance #1789 by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #1789 on second and final reading and to authorize, the appropriate officials to execute same. Commissioner DeBlaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. 'IINaysll: None. ITEM 128 - Second Reading, Ordinance #1793 (See, Page 9). ITEM 129 - Second Reading, Ordinance #1795 -, Annexing S~ of NE~ of Section 32-28-16 and SE~ of NW~ between N-S Section : ,: ce.~terline a~dWaters of Lake Chautauqua, section..32-28-l6 ,. I: . ; .., .10~ .. .''' '. . <7/20/78 ~; . ,~ : ',', ; '.' , . ..' , l~ .." (City of Clearwater), N 2 Feet of Lot 18 and S 59.5 Feet of Lot 19, Suban's Subdivision (S. Lamb), and Portion of sw~ of section 20-29-16 (Imperial Cove Condominium, u.s. Home Corpor- ation) - Public Hearings 5/19/78. The Chief Assistant City Attorney read ordinance 11795 by title only. Commissioner Nunamaker moved "to pass and adopt Ordinance 11795 on second and final reading and to authorize tho appropriate officials to execute same. Commissioner DeBlaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. "Nays": None. ITEM #30 - Second Reading, Ordinance #1796 - Zoning Annexed Property in Ordinance #1795. The Chief ARsistant City Attorney read Ordinance #1796 by title only. Commissioner DeBlaker moved to pass and adopt Ordinance #1796 on second and final reading 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 #31 - Second Reading, Ordinance #1800 - Vacating Five-foot utility easement along the south side of Lot 7, less and west 5 feet, and five-foot utility easement along the north side of Lot 8, less the west five feet, Block Y, Bay Terrace Addition (Public Hearing 6/1/78, L. Levin). The Chief Assistant City Attorney read by title only. Commissioner DeBlaker moved Ordinance #1800 on second and final reading the appropriate officials to execute same. Martin seconded the motion. Upon roll call Ordinance #1800 to pass and adopt and to authorize commissioner the vote was: "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. "Nays": None. ITEM #32 - Second Reading, Ordinance #1801 - Vacating North 4 feet of 30-foot drainage and utility easement across rear of Lot 21, Walden Woods (public Hearing 6/1/78, W. Pierce). The Chief Assistant City Attorney read Ordinance #1801 by title only. Commissioner DeBlaker moved to pass and adopt Ordinance #1801 on second and final reading 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 #33 - Second Reading, Ordinance #1802 -Vacating West 2.5 Feet of SQutn-B2 Feet of S-foot utility easement across rear of ,Lot ,18" "Block I, Northwood Estates, 'l'ract F (Public Hearing 6/15/78, G. Burnside et all. The Chief Assistant City Attorney read Ordinance #1802 py title only. Commissioner DeBlaker moved to pass and adopt ') '. . . . ~ ... :.. ~ ....;,.. ~ 'l' , 11. . !. . 7/20/78 , I . Ordinance .1802 on second and final reading and to authorize the appropriate officials to execute same. Commissioner Nunamaker seconded the motion. Upon roll call the vote wasz "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. "Nays": None. ITEM .34 - Second Reading, Ordinance t1803 (See Page 8). ITEM '35 - Second Reading, ordinance #1804 - Amending Section 4-21 of Code to Prohibit Consumption of Alcoholic Beverages in certain Public Areas. Commissioner DeB1aker moved to amend Section 4-21 (d) to add the following sentence: "For the purposes of this section, :the term · park t shall be construed to mean all dedicated par~s and, athletic fields, and all grounds used by the city for park or playground purposes, but exclusive of any permanent structures erected thereon at which alcoholic beverages are sold." Commissioner Nunamaker seconded the motion. Upon 'the vote being taken, motion carried unanimously. The Chief Assistant city Attorney read Ordinance #1804, as amended, by tit+e only. Commissioner Nunamaker moved to pass and adopt Ordinance #1804, as amended, on second and ~ final reading and to authorize the appropriate officials to execute same. commissioner DeBlaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. lINays": None. ITEM #36 - Second Reading, Ordinance #1805 - Amending Section 8-54 (d) to Clarify Time for Filing for Candidates. The Chief Assistant City Attorney read Ordinance #1805 by title only. Commissioner DeBlaker moved to pass and adopt Ordinance #1805 on second and final reading and to authorize the appropriate officials to execute same. Commissioner Nuna- .maker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Martin, Nunamaker, Tenney and LeCher. "Nays": None 4 ITEM #37 - Authorizing Execution of Easement to Florida Power Corporation - Northeast Treatment Plant Site in S~ of Section 21-28-16. This easement is granted by the City to Florida Power Corporation to render underground electricity/service to the Northeast Pollution Control Facility. .. , , Commissioner DeBlaker moved to'approve the easement and to authorize the appropriate officials to execute same. Com- missioner,Nunamaker seconded the motion which carried unani- mously. , I I ~ . ", , j ~ "l2~.' , , ' . \; "~1 , ~. ' ',i I 7/20/78' " " " , '" I . I~EM '38 - Acceptance of Easements. The city Atto~ney presented the following easements: Drainage Easement from U.S. Home Corporation in the NE~ of the NE~ of Section 19-28-16, for retention pond for Countryside Tract 5. Temporary Drainage Easement from U.S. Home Cor~ poration in the NE~ of the NE~ of section 19-28-16, for retention pond and outfall for Countryside Tract 6 Replat. Commissioner DeBlaker moved to accept the above instru- ments 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 #39 - Resolution *78-86 - Lot Mowing List *5. Commissioner DeB1aker moved to pass and adopt ,Resolution #78-86 and to authorize the appropriate officials to execute same. Commissioner Nunamaker seconded the motion. Upon roll call the vote was: . "Ayes": DeB1aker, Martin, Nunamaker, Tenney and LeChe'r. None. "Nays": ITEM #40 - Other Commission Action. commissioner Martin requested ~eports from the City Manager on the construction problems of a Mr. Arner.in Indus-' trial Park and on the property development of Rosetree Court on Nursery Road re compliance with provisions of site plan. Commissioner Tenney expressed concerns about Proposition 13 legislation being brought to the State Legislature and. suggested the City take a conservative approach and stay within the configurations of the 77/78 budget in anticipation of a drastic cut in future property tax revenues. He suggested Budget discussion at the next work session. ITEM #41 - The meeting was adjourned at 6:12 p.m. ,The City Commission then met as Trustees of the Pension' Fund with the Mayor calling the meeting to order. ITEM #42 - Trustees of the Employees' Pension Fund. a. Pension to be granted to Wilbur B. Williamson, Equipment Operator I, Drainage Division, Public Service Department, effective August 21, 1978" 7:30 a.m. Commissioner DeBlaker moved to approve the recommendation of the Advisory Committee of the Employees' Pension Fund to grant retirement pension to ~ilbur B. Williamson in the amount .of $303.58 per monto as certified by the City Treasurer. Com- missioner Nunamaker seconded the motion which carried unani- . . mo~sly. '! - b. Membership in Employees' Pension Fund. . {', " '. ~ '" .. " . , ," ~ ,~.. .. k~~:P1i:~"i:...:,;,}:,::".; , ',,' ~;:t"~,,.~, n .i.' ,i,."', "(- .'... "'. . ' 1 , ". '. I f~ ,r~~:.lt~1;k:'l{~~~i.~~:.:~:~y;Y~;.':\,~'<:~,~/~.~' ,:.~":' ,:",;', "l " ,: ,'. f'l~ri.:"~l~t':"tltt"l-(~~'''~;:'''' ,; .l\:f~ / ~ '., ':\0' ',," ,', > " . '. ~ I .. '~c 1~t';,1\..;!, ~.~~'rr !t"i-~fJ' ....-<.~_:l_ ~'.'" ,.,,' .. ',' ' " .. . t ~lj~~~~:l~f2~~~~~lr'!(~~::~~~/:~i',~:..!': ""I'~.::,::,., :~~.\':.'~~ :+., .,,' 'f ;.." _,~'iJ.;.~~.~~;;~n:";;J"l.l,:"\;""; '...... .:', .: "" ." '13. ,." :/', . . .,: ",'~ . t:>' ':, , r:.,., ..- I ': ~ : ::' :'" :":,. :.\ . ';: .~;. }'.:.: :>/;,(~; ,'.' . .....LL .;::' , j I . '\ , ',.,' ....' I " . ~ commissioner OeBlaker moved to approve the recommendation of the Advisory Committee to accept thefollowinq thirty employees into membership, +., '. ",' Central'S~rviceB Alvin O. Bybee Garage Community Development James J. Elmore Christopher Gerace Sidney' I. Hayes, Jr. Public Works - Engineering Douglas S. King Paul A. Rine "'. .... TO.' Traffic Engineering Johnny L. Jones David D. Harding, ,Sr. Donald A. Meerians, " utilities Wilfred E. Jackson Etta M. Green ITEM *43 - The meeting adjourned at 6:15 p.m. , ' , , . ~''f4 .t,. 6Jr~ Mayor-Comm~ss oner ' '.. Attest: " .~~~U;~. ,.ty',Cle;r:k '" , J, " , .' , ",' .': /,': ., I ': ., \ , , , ' ".' , . .'f, .: 't' ,e '<. .'.! \ ' ", .' ~ f ',~ .':: j' ;' ,: ~ ,',. , '< : ': - ,I , : ~ I ~." '. '+ . f '.'. .' ~. ~ .' I. " ' 'e .. 'I ~ ~, ' ~ . . ~ J' . . , '" .,!. 'e.' '. . , :'~ e ~ , ~. , < f' .' I'., " ~: /" ' , .e:\, :' ~ . ' ~ '<~.";,..' ,.', ,I - "T . . '<' ~. ..L ,- .1':.' ':,~' '~', ;:',i. >>:,.<;.'.,Y.:,/:.' \:'.'.\: ~',:, , '. " '. I ~ . :. '. . " i..:.../~~~: :: ... :,~:.,:..~ 1.1\ :':~:., :. ~;~~. ~ ,~~;:..:~.. I~\:~ i :: T .~". L.('~ ' .., ":,\-' ~j.: ,'. , .~ "..;'; : ".;', >~ c;, ~ "... 2 ~;f'" ., .~. " '" .I~. ~I~. ,; Ii, .,.:~ ,~. " ::.H'~~ .!--t~'/t'~-:t ~~~~;~,/,: ~. ri,,~;:~/t t'~~,r"";':~l,:'2:'"::~l~~:~':'Jt.~lfj~ lr""~".'>~ ,.'...'. ',-r.'~ }~t":ojl.fj:"':II"'jl"t;l.,. I, .1,. ,. ). _,I ,\,,,' ~.iJ~,~...~~~,~,...,;r ...."...,', 11,,,..... ~'" ,:. .....__.;......... 'HtI '.""1" ',.. t' ~.~",,,,,,I.".M.../o"""I~.""",~,,,.~ 't.''rriZ''1j,~f-~~l~ ,:u, ~, /11':1..."1~Ij'(..]':t:: ,.~::..: ..~..,~p?';~l",/'~'.~: . d,; r .'.: ,.,:r!".17 ,".~:-" ~(\ :....; '.,....t :~. ". ,''', .."::: ' .. ':,',' > ,L ", , ' ;. \ . ,~' ~ . I "', '.. '., ..: r' .' . '\':' ',~..'.'" ',:~ ~~, ~: ..~i.'r;:t~ ,.:1. r.:Of t "1, .;?;-.....:.ir.--.l~1."">\;r,..:,.. 4...."1,..'.:-. ,.: ~.. ':~ 'r",\ . I'" '"...'., H. ,''., \ ~: I' '. . h' "IL""OIL.' 1", .,.,~ .c.~i"'''''" or...-;\;., s:.!. .,':~':"- "c :"'...::...~_.:..~.:'7.........~\~.~I.'+:_.-.:- : "'Ir I..,; ..~.,- .. .;. .'" \'...,. .... .~'. , 'Pc, ',. '. ,:1.,'" I, . ~ ':. ,.,:...:..'~~;.I~ ....,..", ,', ..... . ..:'rtNAr.. . 'AGEND. ity Cemml..'ion M..tinq - July 20, 1978 ,.30 " ,. -, ".',: 'J~..:~.,';~l.. - . !:!!!:! ACTION ' , '. lB. 19. 20. 21. 22. 23. 24. 1,' 2, 3, 4, 5. ,1 Invoc.tion Pledq. ot All.qi.ne. Introduotion. , Awatd. S.rvic. Pin.Award. (9t30 a.m.) City Commi..ion Minute. of R.gular Jul:r tit 1978 Mutinq ot City Man.qlr Rlportl 6, Con..nt:. Aqend. (Continued) plan Approval tor renel within APO .t Vill'q.-on-the-Green - Tractl 35, 38, 39 {U . S. Home I (Ccntlnuldl Nortgaqe Guarante. ProgrUl - Ru11o- eatien of Fund. L.... Rln.wal - Clearw.ter Marina Roem Ne, 4A U,8, 19 at:. Imperi.l Cove purcha.. of Five (~) ~ere ~ract of Land - Guiliani Charter Tour Bus Pe~it Request - Whitley LL~ousine Service, Inc, aequolt to Operate L~ou8ine Service - William W. Childs ' Sale of 2.00 Acres of Lot 3 - Clearwater Indus- trial Park Replat - ~isk Request for W~iver - Watercraft Operations 7, B, 9', 10. 11. 12. 13. 14. 15, 16. Change Orders: a. Marshall Street Pollution Control Facility Expansion - EPA C1204S0l0, Biltmore Conltruction co.. Belleair $59,254,13 (CO J4) b. Marshall Street Pollution Control Facility Expansion - EPA C12045010, Bil~ore Construction Co., Belleai: $116, 73B .54 (CO .5) 17. Sid: ~ortab1e Personal Radios for the Police Department, State Contract j725-52-78-l, Motorola, Inc., Tallahassee $17,068.00 Verbal Reports and Other Pending Matters Public Hearinas (12:30 P.M.) Lot Howing Resolution "8-B4 (List t4) (Continued) Request for Rezoning - Horton Plant Hospi1:al (Continued) Condon G<<rdens Laundry Facilities (To be Continued) Zoning Appeal - Albert L. Valery, Jr. - tot 64, Island Estates of Clearwater, Unit 7C Violation of Standard Building Code - ll03 Railroad Avenue, Jone. and Miller Reaolution - DeClaring BUilding to be Unlafe Building - Jones and Miller (same as above) l~: ," , . t\lj;:'.~\;'I~it'~1~i"",,;Jl~~\1j, "",."',", \,,~ .(....',. ,,',.- ",' ." -.. .,,' - .. ~A~I 110 ./i.j.U~i'J;'!'tr,' ,::!rJ."'l..~i'.j.I'\.~~~'\'!t:.. '.';'~l':l"T,::-~.~t ,II'..; '.'~. . ~ ~lra':'24fl'lf;v~~~.J:":.....ur('q;;r':t,!>:{~t\,;\,t\"',? ....fht,."..~ j,.,j~.y~ . t , 1. Rev. Wm. Anderson, calvary Baptist Church 2. 'Chief Daniels \ 3. Helen Giacobetti - Employee ot the Month - May R7B-B5 Commending Sophia Payton Winnor Transcontinental Air . Race Classic Floyd Carter, Central Services, Director, presented Fleet Pre- ventive Maintenance Award Wells Brown, Garage Supt. pre- sented Maintenance Masters . Club Award 4. 12 Employees presented Service Pins 5. Approved 6. Accepted 7. Approved modified design 8. Waived installation of sidewalk until needed. Revenue Sharing funds used for construction costs over grant allocation for fire facility '4 and bal- ance transferred to Rehabili- tation Loan #1 9. Approved 8/1/78 to 9/30/82 10. Continued 8/3/78 11. Continued 8/3/78 12. Continued 13. Approved permit 14. Approved ($44,000) 15. a. Approved waiver Sec. 6-10 subject conditions West Coast Water Sports b. Approved temporary occupation- al license for 45 days with 30 day review for nQue Pasa, Inc.n - motorized jet skis 16. a. Approved b. Approved 17, Approved 18, Verbal Reports: Phillies Booster Trip August 17 to 20th - Commissioner Tenney to represent elected officials . City Mgr. suggested the Largo Band of Gold be recognized when they return. Briefing Session on union Con- tracts for Commissioners, Host organizational meeting for Pinellas County League of Municipalities. City Manager will be on vaca- tion next two weeks. 19. Confirmed Reso. #78-84 20. Approved ISP Zoning 21. Continued 8/17/78 . 22. Denied ~~~ continued,a/3/78 I, . r 1. ",:, . .'..',;.' '" . ,:: ,:'~ i ":.. <':::,i.,;: , '..\_: . ..' ". ,,"::. \.:~~/{\(j ~. , . .., " ",'. .',.', ,.;, July' 20,;' ;'1978 '. ';''':_':~''';;'~N.;P; ..:: ,',~."'..' I~," . " ,f"':J t c" . ,', ,,'f.. ~'.'\'~.r.:. ~,<!":l, 'f ",' . - AM;: r.r. .', / l. ....' ~\ '. July 20, 1978 . . :' .. ~ <i'/ !.>r'J" ~. _~~~~~~.Jw.4~t'~_~~