08/17/1978
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CITY COMMISSION MEETING
August 17, 1978
The City.Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, August 17, 1978,
at 9:30 a.m., with the following members present:
Charles F. LeCher
Kar!een F. DeBlaker
Karen 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
Max Battle city Engineer
Frank Daniels Police Chief
Dorothy Johannsen Acti~g as City Clerk
The Mayor called the meeting to order and the Pledge of
Allegiance was led by Chief Daniels. The Reverend Fred
Erickson of Grace Lutheran Church gave the invocation.
ITF~ #3 - Introductions and Awards.
(None) .
ITEM #4
Service Awards.
Service pins were presented to eighteen (18) employees.
Warren Renando, Planning Director leaving the City's
employ, was presented an Honorary Engineer Award.by the City
Engineer and a 5-year pin by the city Manager.
ITEM #5 - Minutes.
Commissioner DeBlaker moved to approve the minutes of the
regular meeting of August 3, 1978, as recorded and as submitted
in written summation by the Clerk to each Commissioner. Motion
was seconded by commissioner Nunamaker and carried unanimously.
ITEM #6 - Consent Agenda.
6.0 Requests for Annexation (For Referral):
a. Lot 7, Downinq Subdivision - M. Dinkel.
. b. Lots 60 and 6i, Clearwater Manor Subdivision
L. Poulopoulos.
c. Lot 70, Clearwater Manor Subdivision - L. McClure.
d. ,Portion of Lots 5 and 6, Mosell Acres Subdivision -
G. Yegge.
Request for Rezoning (For Referral):
6.1
Lots 25 through 34, Block 3, Magnolia Heights Subdivision,.
from RM-28 (residential multi-family) to PS (professional
services) '. - Jesuit High .School Foundation; L. Dorian et a1,
P. Dorian, Trustee.
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6.2' .Notification of Expirations and Resignations of Advisory
Board Members:.,
.~. 'Central Pinellas Transit Authority.
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b. Clearwater Housing Authority
c. Housing Board of Adjustment and Appeals.
d. Library.
e. Community Relations Board (Continued from 8/3/78).
f. Mobile Home Park Board (Continued from 8/3/78).
6.3 Bids:
a. Ductile iron water pipe (3,006 feet), 7 bids, low
bid, Band H Sales, Sarasota $8,897.76.
b. Purchase of playground equipment (Natureville,V-Model
'144-535), sole source, Miracle Equipment Company,
Fern Park, Florida $7,526.00.
6.4 Quote: Sunset Point Road Channel .Improvement - Sand
cement, Quickrete of Florida, Eaton Park $9,540.00
and 425 lbs. #4 steel reinforcement bars (32 pieces),
O'Neal Steel, Tampa $70.54 Total cost, $9,610.54.
In response, the City Manager reported half of the chan-
nel is City; and half, County. To ease the erosion problem
the city initiated this project and the County is cooperating.
Commissioner Nunamaker moved to approve items on the Con-
sent Agenda and to authorize the appropriate officials to
execute same. Commissioner DeBlaker seconded the motion which
carried unanimously.
ITEM #7 - Resolution #78-93, Lot Mowing List #7.
Commissioner Martin moved to pass and adopt Resolution
178-93 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
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"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
ItNays": None.
ITEM #8 - U.S. 19 at Imperial Cove (SE~, Section 20-29-16)
u.s. Home Corporation. (Continued from 7/20/78).
During site plan review the developer was required to pro-
vide acceleration and deceleration lanes at the entrance of
the project. Keith Crawford, Traffic Enqineer recommends eli-
mination of the acceleration lane because of traffic congestion
at the Harn Boulevard signal. Florida D.O.T. concurs in the
recommendation.
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Harlan Yerkes, chairman of the Imperial Cove Residents
group, stated they are opposed to opening the security wall or
closing the front gate.
The City Engineer recommended conta~gthe developer about
paving a road within the 40-foot right-of-way easement from
Imperial Cove to where it intersects Bay Cove. The Traffic and
City Engineers will present a report at the September 7, 1978,
Commission meeting.
.ITEM '9 - Jet Ski Operation - Occupational License - Que
pasa, In9., 470 Gulfview Boulevard.
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:':'~;;:,:i:;.:".:. "';'. :. Thomas Hersem, applicant I s attorney, was present..
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:(.~l:;.-~.'<', :..~',:~.' '. Commissioner Nunamaker moved to grant an occupational
;.:]}.~if~)':{':~:<';.'. ::'.-iicense ,t.o Que pasa, Inc., for a 30-day trial period from
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of granting the license. Commissioner Martin Boconded the
motion, and requested a 45 day trial period effective immedi-
ately. Commissioner Nunamaker accepted the amendment.
Citizens expressed concerns about safety.
Upon the vote being taken, Commissioners DeBlaker, Martin
and Nunamaker and Mayor LeCher voted "Aye"f commissioner Tenney
voted "Nay." Motion carried.
ITEM il0 - Interim Gas Rate Increase Proposal.
The recommendation was to consider revisions to the present
Natural Gas rates to reflect adjustments in the City's Purchase
Gas.Costs.
Commissioner OeBlaker moved to set a public hearing for
September 7, 1978. Commissioner Martin seconded the motion
which carried unanimously. .
ITEM ill - Consideration of Sanitation Rate Increase.
The recommendation was to set a public hearing to con-
sider increasing residential rates by 6.7%.
The City Manager proposed alternatives for the projected
increase of $55,000 revenue: 1) Increase subsidy from the
Water Division by $55,000: 2) Decrease expenditures in Sani-
tation Budget by deleting Assistant superintendent, Car for
Assistant Superintendent, Heavy Equipment Operator and Junk
Boom Truck ($56,578): or 3) A combination of land 2.
commissioner Martin moved to deny the increase in rates
and not set a public hearing. Commissioner Nunamaker seconded
the motion which carried unanimously.
ITEM #12 - Parking System Annual Operating Budget for
Fiscal Year 1978/79.
This item was briefly discussed.
Commissioner DeBlaker moved to hear Item #12 with the
Operating Budget Public Hearing Item #27. Commissioner Nuna-
maker seconded the motion which carried unanimously.
ITEM #13 - Historical Committee Presentation - Historical
Museum.
J. Arlos Ogg, Chairman of the Historical Committee, re-
viewed the move of the County museum to Heritage Park and asked
Commission's approval for temporary use of the lower apartment
of the Phillips' House because of its proximity to the library.
He stated a true museum will require a keeper or director. The
newly formed Clearwater Historical Association will provide
. volunteers.
Commissioner Nunamaker encouraged use of Haven House.
Commissioner Marfin moved that the City Manager be instruc-
ted to come back with specific cost of converting Haven House
or a portion thereof to serve the Historical Committee's purpose.
commissioner Nunamaker seconded the motion which carried unani-
mously. '
. ITEM 414 - E~er9Y Recovery From Municip?l.Waste Develop-
: ment Program Grant and Resolution *78-94 Authorizing the City
.Manager to Make Application Therefor.
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Commissioner Martin moved to pass and adopt Resolution
.78-94 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote wasl
II Ayes II I DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM tlS - Town Meetings.
In accord with prior Commission direction, Town Meetings
have been tentatively scheduled for the fourth Monday of the
month at 7:30 p.m. in City-owned facilities as follows: '
september 25
october 23
November 27
December
January 22
February 26
March 26
April 23
May 28
Memorial Civic Center, 40 Causeway Boulevard
Ross Norton Park, 1426 South Greenwood Ave.
Martin Luther King Center, 1201 Douglas Ave.
Holidays
Fire station #4, 1700 North Belcher Road
city Hall Annex, 10 South Missouri Avenue
Fire Station *6, 2681 Countryside Boulevard
Kings Highway Recreation center, 1751 Kings
Highway
Fire station #5, 520 Sky Harbor Drive
commissioner Martin moved to approVe ,the revised schedule
of dates and locations for the 1978/79 series of Town Meetings.
Motion was seconded by Commissioner DeBlaker and carried unani-
mously.
ITEM >>16 - Florida League of Cities.
Commissioner Martin moved to designate Mayor LeCher as a
voting delegate to the'annual convention of the Florida League
of Cities, October 19, 20 and 21, 1978, in Hollywood, Florida:
and to designate Commissioner Nunamaker as alternate voting
delegate. Commissioner Nunamaker seconded the motion which
carried unanimously.
ITEM #17 - Modification - Southern Standard Building Code.
The recommendation is to consider an ordinance modifying
the Southern Standard Building Code to permit swimming pool
screen enclosures in drainage and utility easements.
Decking not tied to a pool is permitted in drainage and
utility easements. Currently a screen enclosure is considered
a structure and not permitted in an easement.
The City Engineer stated screen enclosures can be removed
and reinstalled quickly and easily and do not create any undue
hardship in utilizing an easement.
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Commissioner DeBlaker moved to instruct the City Attorney
to advertise proposed Ordinance #1821. Commissioner Martin
seconded the motion. Robert Malin related his attempts to
legally install his pool-and explained the urgent need for a
screen enclosure. Upon the vote being taken, motion carried
unanimously.
The. City Attorney stated first reading of the ordinance
may be today under our new Charter and Chapter 166 of the Flor~
. . ida statutes which states the ordinance shall be advertised at
least seven (7) days prior to finaL adoption.
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Commie.ioner DeBlaker moved that Ordinance 11821 be read
and considered by title only on the first reading 'by the unani-
mous consent of the Commission. Motion was seconded by Commis-
sioner Nunamaker. Upon roll call the vote was: "
II Ayes" t
II Nays"I
OeB1aker, Martin, Nunamaker, Tenney and
LeCher.
None.
The ordinance was read by title only. Commissioner Martin
moved that Ordinance 11821 be passed on its first reading. Mo-
tion was seconded by Commissioner Nunamaker. Upon roll call the
vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
uNaysll: None.
The City Manager will handle the pending requests of Mr.
M~lin and two others.
ITEM #18 - Bid - Annual Requirements of Washed shell
(approximately l,500 tons at $7.50 a ton delivered), 2 bids,
lowest responsive bid, Shell Materials, Inc., Tampa, $ll,.250.00.
Commissioner Martin moved upon the recommendation of the
City Manager to award contract to Shell Materials, Inc. in the
amount of $11,250.00 which is the lowest and best responsible
bid, and to authorize the appropriate officials to execute said
contract which shall be in accordance with the plans, specifica-
tions and bid. Motion was seconded by Commissioner Nunamaker
and carried unanimously.
This item is included in the 1978/79 recommended budget.
ITEM *19 - Change order #3, Northeast Wastewater Treatment
Facility, EPA Grant l2046l0l0, to extend completion date to
12/13/78 and increase contract $46,586.55 to incorporate changes
,by engineering orders for a new contract price of $4,759,682.33,
Carl E. Widell and Son.
Commissioner Martin moved to approve the Change Order.
Commissioner Nunamaker seconded the motion which carried unani-
mously.
ITEM #20 - Verbal Reports and Other Pending Matters.
Commission expressed concerns about the County's six-laning
of sections of Belcher Road. The Traffic and city Engineers
will consult with the County Transportation staff and report at
the September 7, 1978, Commission meeting. '
Commission discussed acquisition of Keene Road right-of-way.
Staff will report about Young's Barbeque property and adequacy
of right-of-way for Keene Road through to Drew.
Commission recessed at 11:42 a.m. and reconvened at 12:50
p.m.
Public Hearings
ITEM '21 - A Public Hearing on Lot Mowing Resolution
'78-87, List 16.
The City Attorney explained the purpose of this public
,hearing and requested City Inspector Willard stewart report on
~he status of lot clearing actions. The Ci~y Inspector reported
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the lota remaining to be cleared constituted a menace to public
health, safety and welfare. There were no objections,
commissioner Martin moved that Resolution .78-87, passed
August 3, 1979, be confirmed and made effective as to all per-
sons 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 officials
and employees be directed to proceed in accordance with law
to see that the lots are cleared. Motion was seconded by Com-
missioner DeBlaker. Upon roll call the vote was:
"Ayes": . DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #22 - A Public Hearing on Condon Gardens Laundry
Facilities (Continued from July 20, 1978).
commissioner Nunamaker moved to approve.the City Manager's
recommendation to withdraw and readvertise.this item. Motion
was seconded by Commissioner DeBlaker and carried unanimously.
ITEM #23 - A Public Hearing on Request to Vacate Alley
South of Lot 1, Block 46A, Mandalay SUbdivision, on the East
Side.of Bruce Avenue - Ronald Fitagerald. (Continued from
8/3/78)
The City Manager reported receipt of a letter requesting
continuance of this item.
commissioner DeBlaker moved to continue this item to
September 7, 1978, at l2:30 p.m. commissioner Nunamaker sec-
onded the motion which carried unanimously.
ITEM #24 - A Public Hearing on Requests for Annexation:
a. (1) Begin 590.06 feet E and 240 feet N of SW corner
of NE~, Section 12-29-15; run N 288.27 feet, E
60 feet, S 288~7 feet, W 60 feet to P.O.B., with
ML (light manufacturing) zoning and Fire District
#l-Cephas Road located between Hercules Avenue
and Kapp Drive. - City of Clearwater.
(2) Begin 50 feet E and 524.23 feet N of SW corner
of NW~ of section l2-29-15, run N 60 feet, E
l006.58 feet, S 60 feet, W 1006.78 feet to P.O.B.,
with ML (light manufacturing) zoning and Fire
District #1. Weaver Park Drive located between
Palmetto Street and Range Road. - City of Clearwater.
This property was deeded to the City for right-of-way
and is now developed as Weaver Pa~k Drive from Hercules Avenue
to.Kapp D~ive and Cephas Drive from Weaver Park Drive south
approxinlately 288.7 feet.
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This petition must be processed with Item 124-bto prevent
creation. of an enclave.
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The Planning and Zoning Board and Planning Director concur
in the racornmendation.
Commissioner DeBlaker moved to approve annexation of
Items 24-a (l) and (2) and to instruct the City Attorney to in-
clude this in an ordinance. There were no objections. Commis-
sioner Martin seconded the motion which carried unanimously.
b. Begin 50 feet E and 240 feet N of SW corner of
NE~, Section l2-29-l5, run N 585.24 feet, E 210
feet, N 99.60 feet, E 390 feet, N 374 feet, E
404.37 feet, S 1060~79 feet, W B07.76 feet, N
l.44 feet, W 200 feet to P.O.B., less that por-
tion owned by City~ with ML (light manufacturing)
zoning and Fire District #1. Located on Hercules
Avenue between Range Road and Palmetto street. -
Weaver Enterprises, Inc.
This property consists of lB.07 acres and is partially de-
veloped with one building under construction in the County.
The 60-foot right-of-way for Weaver Park Drive ,and Cephas
Drive bisects the lower portion of the property.. ...
The Planning and Zoning Board at its meeting of August 1,
197B, recommended approval of the annexation but made no recom-
mendation concerning the applicant's request for waiver of
park dedication. The Planning Director concurs with the City
Manager's recommendation to approve the annexation, waive the.
park dedication requirement and establish ML zoning and Fire
District #1. .
Commission discussed questions and rulings on parkland
requirements and also active pursuit of annexations.
There were no objections.
Commissioner DeB1aker moved to approve the annexation re-
quest, to waive the park dedication requirement, and to
instruct the City Attorney to include this in an ordinance.
Commissioner Nunamaker seconded the motion which carried unani-
mously.
ITEM 125 - A Public Hearing to Consider Amendment of
Article II, Definitions (l9) and (20), Appendix A, Zoning, of
the Code .of Ordinances
and
ITEM #26 - First Reading, Ordinance #1790 - Clarifying
Definition for Dwellings.
Commissioner Martin moved to amend Ordinance '1790, the
second line of section 1, Subparagraph (l9) to remove the period
after the word ufamily" and insert a semi-colon followed by the
words: "No portion of which building interior, including any
complete kitchen, shall be so designated, arranged or closed
off so as to eliminate access thereto or exit therefrom.u and
further amend section 1, Subparagraph (19) by deleting the
second complete sentence commencing with the word "such" and
ending with the. word "kitchen.1I and also amend the fifth and
'.: sixth lines of Section. l, Subparagraph (20) to remove the word
: '~it" ..from the fifth line' and substitute Uthe building interior,
inCluding any ,complete ~itchen, shall be so desigped, arranged,
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or olosed off Bo.as to eliminate access thereto' or exit therefrom"
and amend the fifth and sixth lines of Section 1, Subparagraph
(20) by deleting "contains more than one complete kitchen."
Commissioner OeBlaker seconded the motion.
The Planning Director reported duplex or garage apartments
built ~efore 1964 have been grand fathered in.
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Upon the vote being taken, motion carried unanimously.
The City Attorney presented Ordinance 11790, as amended,
for first reading. Commissioner OeBlaker moved that Ordinance
11790, as amended, be read and considered by title only on the
first reading by the unanimous consent of the Commissio~. Mo-
tion was seconded by Commissioner Martin and carried unanimous-
ly.
The ordinance was read by title only. Commissioner
moved that Ordinance fl790, as amended, be passed on its
reading. Motion was seconded by Commissioner Nunamaker.
roll call the vote was:
DeBlaker
first
Upon
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #27 - A Public Hearing on the Operating Budget for
Fiscal Year 1978/79.
citizens requests were heard and taken under advisement.
At this time, Item #12 was considered. (Continued from
Page 3).
ITEM Il2 - parking System Annual Operating Budget for
Fiscal Year 1978/79. Resolution #78-95, Adopting the Parking
System operating Budget for Fiscal Year 1978/79.
The City Attorney discussed the Clearwater Downtown
Development Board memorandum from Leon Hammock, Chairman,,' to
the Commission about the Parking System Budget. He review2d
the definitions of Parking System (off and on-street parking)
and Parking Facilities (revenue producing facilities) as defined
in Ordinance 1821.
The City Attorney presented Resolution #78~95. Commis-
sioner DeBlaker moved to amend the last line of Page 1, Reso-
lution '78-95 to show $413,100 Total Revenues. Commissioner
Tenney seconded the motion which carried unanimously.
Commissioner DeB1aker moved to pass and adopt Resolution
'78-95, as amended, 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.
Frank Trawlnski requested visible street signs at all inter-
sections.
The City Attorney presented Ordinance i18l6 for first read-
ing. Commissioner OeBlaker moved that Ordinance '1816 be read
and considered by title only on.'thefirst reading by the unani-
mous consent of the Commissionr, Motion 'was seconded by Commis-
sioner Nunamaker, and carried.unanimously.
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ordinance was read by title only. commissioner
moved that Ordinance 11616 be passed on its first
Motion was seconded by Commissioner Nunamaker.
the vote was:
The
DeBlaker
reading.
roll call
upon
"Ayesll:
"Nays":
DeBlaker, Martin, Nunamaker and LeCher.
Tenney. Motion carried.
ITEM .29 - A Public Hearing on Capital Improvement Pro-
gram and Budget for 1978/79 and ..
ITEM 130 - Firat Reading, Ordinance IIB17 - Adopting the
Captial Improvement Program Budget for 197B/79.
Rita Garvey, Library Board, appealed to the Commission
for a commitment for an adequate main library.
The City Attorney presented Ordinance *1811 for first
reading. commissioner DeBlaker moved that ordinance Il8l7
be read and considered by title only on the first reading by
the unanimous consent of the Commission. Motion was seconded
by Commissioner Martin and carried unanimously.
The ordinance was read by title only. Commissioner
DeBlaker moved that ordinance i18l7 be passed on its first
reading. Motion was seconded by Commissioner Tenney. upon
roll call the vote was:
"Ayes":
"Nays":
DeBlaker, Martin, Nunamaker and LeCher.
Tenney. Motion carried.
ITEM #3l - Citizens to be Heard Re Items Not on the Agenda.
William D. Sterrett, Jr. and Walter Smith spoke in objec-
tion to the Carloue1 fence and requested a public hearing.
Frank Trawinski spoke in support of the fence. Commissioner
DeBlaker requested the City Attorney research prior legal
opinions and report to the Commission.
Don Simpson requested extension of drain from Lantana
northerly to where it is paved.
Bob Sudol inquired about drainage projects and requested
street repair at the Commodore House, 855 South Bayway Boule-
vard.
Fred Wacker of the Urban Reinvestment Task Force reported
on the results of the planning and orientation workshop held
in Crystal River on Neighborhood Housing services program.
He said various committees are already in action and a second
workshop is anticipated by the end of September in Clearwater.
He said the Cityts initial $35,000 commitment will enable the
City to receive a $50,000 one-time grant and $50,000 in ser-
vices and traininq from the Urban Reinvestment Task Force and
the City will receive a pledge of $180,000 fron local financial
institutions to support the operating budget. Mr. Wacker believes
a non-prOfit housing corporation may develop from this program.
Jtm phillips, Clearwater Federal; Ron McElrath, community Rela-
tions Director; and Shirley Hill and Richard Bounds also spoke
in support of the concept.
ITEM - Resolution #78-96 - Authorizing the city Manager
to Execute and File a Grant Application Under the Florida
Finanical Assistance for Community Services" Act with the
Florida Department of Community Affairs. (Also see.page 14).
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The city Manager explained the City would be entitled to
about $10,000 matching funds which would help fund ReS, Quest
Inn and a day care at Condon Gardens. Discussion ensued and
Joseph McFate, Community Development Department Coordinator,
responded to commission questions.
Commissioner Martin moved to pass and adopt Resolution
'78-96 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
tlAyes": DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM - Permit for Beach Party - Q10S, WRBQ.
Commissioner DeBlaker moved to authorize the City Manager
to grant a permit to Ql05 Radio to sponsor a "QlOS Back to
School Beach Party" on Clearwater Beach for August 26 or 27,
1978. Commissioner Nunamaker seconded the motion which car-
ried unanimously.
city Attorney Reports
ITEM #32 - Second Reading, Ordinance #1803 - Amending
Zoning Atlas of City '(Public Hearing 6/1/78, C. Boldog).
(Continued from 7/20/78).
The City Attorney reviewed the Ordinance 11803 amendment
made July 20, 1978, for CTF-24 zoning and explained that Sec-
tion l6.0l of the Code prohibits new CTF-24 zones of less than
4 acres. Discussion ensued.
George Greer, attorney representing the applicant, stated
CTF-24 zoning is unacceptable to his client and they would
request withdrawal of the application if the ordinance is not
amended to CTF-2B zoning.
Plqnning Director Warren Renando reviewed uses & intensities.of
Clearwater Beach zoning and supported CTF-28 zoning and a
1-story variance for this property.
George Haddox, Architect, displayed mass models of build-
ing permitted under RM-28, CTF-28 and CTF-24 zoninq. For the
record, Commissioner DeBlaker stated Code Section 35.07 (5) (d)
states that the applicant shall not be allowed to present
renderings, site plans, and other exhibits purporting to depict
what is to be constructed.
Don Winner said opposition is not to motels but to need
for fire, police and traffic facilities and utilities.
Harvey Alexander spoke in favor of the lowest density possi-
ble andpresented a petition. with 279 signatures for CTF-24 zoning
and opposing any increase in density of units per acre over
those now in effect.
. Mr. Greer appealed for CTF-28 zoning and a variance.
Commissioner Martin moved to reconsider the decision made
reqardin~ Ordinance #1803 in which it was amended to CTF-24
and to return it to CTF-2B. Motion was seconded by Commis-
sioner DeBlaker and carried unanimously.
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8/17/78
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The City Attorney stated he would read Ordinance 11803,
AS amended back to CTF~28, by title only unless there was a
request to read in its entirety. The ordinance was read by
title only, Commissioner Martin moved that Ordinance '1803
not be passed on second reading. Commissioner Tenney sec-
onded the motion. Upon roll c~ll the vote was:
"Ayes":
"Nays":
DeBlaker, Martin, Nunamaker and Tenney.
LeCher. Motion carried.
Commissioner OeBlaker moved to instruct the Planning
Department to file applications to consider rezoning areas
zoned RM-28 and CTF-28 to CTF-24, between Gulfview Boulevard
and Clearwater Bay south of Third Street including Brightwater
Drive. Commissioner Martin seconded the motion which carried
unanimously.
ITEM #33- Second Reading, Ordinance #l806 - Annexing
Lots 48 and 49, Del Oro Gardens subdivision (Public Hearing,
6/1/78, C. Joseph),
The City Attorney presented Ordinance #1806 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 #1806 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": OeBlaker, Martin, Nunamaker, Tenney and
Lecher.
"Nays": None.
ITEM #34 - Second Reading, Ordinance il807 - Amending
Zoning Atlas to Zone property Annexed in Ordinance #1806.
The City Attorney presented Ordinance #1807 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 #l807 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:
liAyca": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays I' : None.
ITEM #35 - First Reading, Ordinance #18l8 - Amending
Section lO-7 to Enact New Fees for Collection of Garbage.
Not considered. , See Item Ill.
ITEM #36 - First Reading,' Ordinance #l8l9 - Enacting New
Gas Rates.
Not considered. See Item #10.
ITEM '37 - First Reading, Ordinance #1822 - Amending
9hapter l7, Sewers, to Clarify the Method of Charging for Use
,of the Sewer System ,where the Source of Water is a Source
Other Than the City t~ater System.
The City Attorney presented Ordinance 11822 fo~ first
,reading. Commissioner Martin'moved that ordinance '1822 be
" ' ' read, and considered by title only on
'~..".'; ':, ..' . ' unanimous i consent of the conunission.
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the first reading by the
Motion was seconded by
I'
ITEM '42 .. >'Resolution .78-99 - Supporting the Tampa Bay
Regional Planning Council in its Effort to Obtain a u.s. Economio
Development Administration Grant.
This grant is for development of economic strategies for
urban redevelopment and industrial development.
. Commissioner Martin moved to pass and adopt Resolution
'78..99 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
oall the vote was:
IIAyes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Naysll: None.
ITEM #43 - Resolution #78-100 - Declaring the Intent of
the Commission to Acquire an Easement for Channel Widening for
stevenson Creek Between Palmetto street and Betty Lane Bridges.
Commissioner DeBlaker moved to pass and adopt Resolution
#78-100 and to authorize the appropriate officials to execute
same. Commissioner Tenney seconded the motion. upon roll call
the vote was:
"Ayes": DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #44 - Resolution #78-101 - Authorizinq the City
Attorney to nefend the City in the Case of Clearwater Fishing
and Recreational.Pier, Inc., V City of Clearwater, circuit Civil
#79...7913...15,
Commissioner DeBlaker moved to pass and adopt Resolution
179-l0l and to authorize the appropriate officials to execute
same. Commissioner Tenney seconded the motion. Upon roll call
the vote was:
"Ayeslt: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM - Resolution #78-102 - Objecting to Policy and
Practice of the Federal Governmentand In Particular the De-
partment of Health, Education and Welfare, Denying Grant
Funds to a Municipality When Any Commitment of Local Funds Has
Been Made.
Commission discussed the wording of this resolution which
will be considered at the september 7, 1978, Commission meeting.
By unanimous consent, Items #45, 46 and 47 were considered
collectively.
ITEM #45 - Acceptance of Easement for water installation
and maintenance, and refuse collection, SW~, section 30-28-16
and NW~, section 31-28-16, executed by U.S. Home Corporation.
ITEM 146 - Acceptance of Easement for water main instal-
lation, Portion of Lot 28, Pinellas Groves, SW~ of Section
1-29-l5. - Betty Ann Foods, Inc.
ITEM #47 - Acceptance of lO-Foot Water Main'Easement from
. Allan Davis and Execution of Quitclaim Deed.Water Main Ease-
ment from the City to Allan B. Davis as Trustee, both in the
NW~ of the NW~ of Section 5-29-16.
"
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8/17/78
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Commissioner DeBlaker moved to accept: the .a.bove ea,sements
and to direct the city Clerk to record same in the Public
Records of pinellas"County, Florida, and to authorize the appro-
priate officials to execute the Quitclaim Deed. Motion was
seconded by Commissioner Tenney and carried unanimously.
ITEM 148 - Agreement - Clearwater Babe Ruth League, Inc.
(Concession building on north side of the clubhouse at
Carpenter Fie1d)~
commissioner DeBlaker moved to approve the above'agree-
ment and to authorize the appropriate officials to execute
sarne. Commissioner Tenney seconded the motion which carried
unanimously.
ITEM - Resolution *78-96.- Authori~ing the City Manager
to Execute and File a Grant Application Under the Florida
Financial Assistance for Community Services Act with the
Florida Department of Community Affairs. (Also see page 9).
The city Attorney requested reconsideration of Resolution
'78-96 to include the wording that the resolution become
effective immediately upon adoption.
Commissioner DeB1aker moved to amend Resolution #78-96
to add a new Section 3 to read: This resolution shall become
effective immediately upon its adoption. Commissioner Tenney
seconded the motion. Upon the vote being taken on the amend-
ment, motion carried unanimously.
ITEM *49 - Other commission Action.
. Commissioner DeBlaker
Reported the Aviation study Commission has been formed to
study and determine the necessity for an aviation authority.
Reported criteria for licensing street artists has been
established and Downtown store owners are being contacted. A
draft of the Street Artists Ordinance will he mailed to the
Downtown Association, Downtown D~ve1opment Board and the Com-
mission with First Reading on september .7,.1978.
Reported the County Planning Director stated the County
will cooperate on annexation problems and recommended the city
Manager requoot in writinq that right-of-way be maintained if
a building permit has not been granted.
CornrnissionerNunamaker
Requested the Finkenbinder property purchase proposal be
put on the agenda.
Requested Herb Frank's airport site offer be expedited.
Commissioner Martin
Reported the Sparkling city Jaycees want to meet with the
Commission about their Fall Festival.
Reported residents on North Betty Lane who annexed into the
.City.five years ago are still requesting sewers.
Reported complaints about dirt blowing from city projects.
, .. . .. Discussed the Morningside/Meadows Horne OWners' Association
;"'~'; >':', '. '.' .....reques:t..~or a medi.an. planter to identify the Harn Boulevard area
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',Discus'sed maintenanc~ of area. where bodY' was recently :,found." ~ :
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Suggested 'a resolution
and presented him with a Key
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of commendation for'Warren
to the City a'nd
Renando
a desk flag.'
Mayor LeCher
Discussed enforcement of dog owners responsibilitY~'.to
cleanup. Chief DanielS cited Ordinance Section 5.27 (8) and
suggested warrant for dog's owner and scheduling of a hearing
in the. state Attorney's office.
The meeting was adjourned at 6:35 p.m.
Attest:
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rllAL AGENDA - City Commi..ion Heetinq
!!!!1
1. Phdq. of A1l1q1anc.
'l. Invoc. tion .
3. Introduction. and Award.
4. Service Award. (9130 ..m.)
S. City commi~.ion Minut.. of the Ra~u1.r Maetin9 oe
Auqult 3, 1178
- Auquat 17, 1178
ACTION
City Manaqar R.port.
6. Con..nt A9.nda
7. Lot Mowinq Relolution - Liat 17
8. (Continued) Accel.ration Lane - U.S. 19 Imperial
COV.
g.'Jet Ski Operation - Clearwater Beach
10. Interim aaa Rate Incr.... Prope.al
-11. Conald.ratlon of Sanitation Rat. Incr....
12. Parking Syatam Annual Oparatinq Budg.t for rilea!
Year 1978/71
13. Hiltori~a1 Committ.e
d 14. EnUqy ~cov.ry tor Municipal Waste Proqram
15. Tow Maeting.
16. Florida Le.gUe at Cit!e.
17. Modification-Southern Standard BUilding C~de
18. Bidl
Annual Requinmentl otWashed Sbell, 2 bids,
lowest responlive bid, Shell Haterials Inc.,
Tampa $11,250.00
19. Change Order '3, Northeast Wastewater Treatment
Facility, Carl E. Widell and son, Cl.arwater
$+46,586.55
20. Verbal ~.portl and Other Pending Matters
,Publ1c Rearinqs (12 :30 P.M.1
Lot Mowing &IIlolution '78-87 (Lilt '6)
(Continued) condon Gardenl Laundr1' Facilities
(Continued) Vacation PAquut - Alley South of
Lot 1, Block 46A, Mandal~y SubdiVision
(Fitzgerald) (TO be ContinUed)
Request. for Anne~ation1
a. Portion of Weaver Park Drive and Cephas
Drive in SW~ of NE% of Section l2-29S-1SE
(City) -
b. Portion of the NE% at Section 12-29s-1SE
(Weaver)
Amendm.nt of Article II Definitionl (19) and (20),
AppendLx A Zoning, Code of Ordinanc..
Firat Re.din~ - Ordinance No. 1190 (See above item}
Operat1nq Buaqet for Fiscal Year 1978-79
Firlt Readinq - Ordinance No. 1016 - (Se. above item)
~apital Improvement P~o9ram and Bud9st for 1918-79
P~r.t Readinq - Ordinance No. 1817 - (See above item)
"
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9130 A.M.
1. Chief Frank Daniell
2. Rev. Fred Erickson, Grace
Lutheran Church
3. None
4. Service pins presented to 18
employees.
Warren Renando presented Honorary
Engineer Award and S-year service
pin.
S. Approved
6. Approved
7. Reso~ *78-93 adopted
8. Continued to 9/7/78
9. Granted 4S~day trial periOd of
operation, effective immediately.
10. Public Hearing 9/7/78
ll. Rates unchanged .
l2. Reso. *78-95 adopted as amended
authorizing PSAO Budget
13. Presentation by J. Arlos Ogg,
Chairman. Staff to present cost
estimate to convert Haven House
or portion thereof to serve
Historical Comittee's purpose
14. Reso. .'8-94 adopted authorizing
application for u.s. Dept. of
Energy Grant
15. Revised Schedule appr9ved
l6. Mayor designated voting delegate;
Nunamake~ alternate
17. City Attorney to advertise Ord.
No. 1821. Passed lst reading.
18. Contract awarded
19. Approved
20. Staff instructed 'to confer with
Pine1las County and report 9/7/78
re Belcher Road 6-1aning.
Staff.-to confer with "Youngs
Barbeque" about acquisition of
Keene Road r/w.
2l. Confirmed Reso. #78-87
22. Withdrawn. To be readvertised.
23. Continued to 9/7/78, 12:30 p.m.
24. a. Approved with ML zoning and
Fire District #l
b. Approved with ML zoning and
Fire District #l, park
dedication requirement waived
25. & 26.
Ord. #l790 passed 1st Reading
as amended .
27.
Requests for Funds:
Frank Trawinski - Christmas
decorations for Beach; UPARC for
handicapped; and Don Simpson for
beautification Clearwater Beach
park.
Downtown Development Board memo
re parking System BUdget discus-
sed.
Howard Groth - discussed no reve-
nue fron Avalon Motel and sugges~
ted Fire Dept. mow F.D. grass on
downtime.
28. ,Ord. 1816 - Passed 1st reading
29. Rita Garvey requested library
commi tment ~, ;
30. Ord. 1817 -,P~ssed 1st reading
Auqus~ !-7" 1978;
'.
'rlAL AGlNDA - Cit~illion Haatinq - Auqult 11, 1978
...,. 2
~
ACTION
31.
Citi.anl to ba Haa~d ra Item. Not on tha ,
Aqanda
32.
City Attorney Ra~rt.
(Continued) second R..dinq - Ordinanca No. 180~ -
~an4in9 lon1n9 Atla. o~ City (P.N. S/1/78 -
~~o~ '
Second Rladlnq - O~dinanca No. 180S - Annaxing
totl 48 and 4' Del Oro aardana subdivi.ion
(Joaaph - P.K. 6/1/781
Second Ra.ding - Ordinanca No. 1807 - Amending
Zon1n9 Atlaa to Zone Property Annaxad in ordi-
nancI No. lB06
Firat Raading - Ordinanca No. 1818 - Amending
Section 10-7 to enact nav achadule fo~ col1ac-
tion of garbag.
First ae.4ing - Ordinanca No. 1519 - Enactinq
nMt qaa rat..
Firat Reading - Ordinance No. 1822 - Ch~ptar
17 - Sewer: Coda
For D1rec:t1on - Ord No. 1820 - ~lating
to the revi.ion of subdlviaicn Code, City of
Clear:wate~
Fo~ Direction Only - Ordinance No. 181S - Amending
Div. 12 of Relatad Lawa re Clqarwatar Downtown
Development Boa~d
a..olution - Authorizing the City Attornay to
defend the City of Clearwater 1n case of Republic
Mortgaqa Inv..tors v. City of Clearwater - Cir-
cuit Civil No. 78-7865-7
Resolution - To tho City Commi..ion Autho~izinq
Application to the CER for a temporary dispoaal
variance for the Northeast TreAtment Plant
R..olution - Supporting the Tampa Bay Regional Plan-
ning Council effort. to obtain an EOA Grant
a..olution - ceclaring Intent to Acquir. an Ea.e-
. mant for Channal Widening
Resolution - Authorizing the City Attorney to Dalend
tha City - Clearwater P1ah1nq and Racr..tional
Pie~, Inc.,. v. City of Clearwat.r
Ea.ament - To allow the City to maintain water lin..
and to allow Sanitation Department to collect
rafusa '
E..ament - Betty Ann Food., Inc.
Acceptance of Ea8emen~ and Execution ot Quit Clatm
Deed.Water ~in Eaaement between Allan Davi. and
City of Clearwater
Agreement - Clearwater Babe. Ruth ,Leaque, Inc.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49. Other Commi.aion Action
SO., AdjourtUllent
Other Comm. Action
Discussed property when Debby Rizzo was
found.
Comm.' Tenney - Requested resolution to
make Warren Renando Honorary Citizen of
Clearwater. Mr. Renando presented Key
to City and desk flag.
Mayor LeCher - Discussed dog owners
responsiblity for dog cleanup.
50.
Adjourned 6:35 p.m.
, ~. ,.
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't30
AoM.
31. wm. D. sterrett Jr. objeoted
to Carlouel Fenoe and re-
quested drainaqe oorreotion.
Frank Trawinski supports
Carloue1 Fenoe.
Don Simpson'supports Carlouel
Fence. Requests drainage
correction.
Walter smith objected to
fence and requested drainage
correction,
Fred Wacker (Atlanta) and 4
committee people reported on :\::,;S:'~:,~..~
Urban Reinvestment Task Force ;;~i(f'~
Workshop ~. Bob Sudol - Fence ;~~~.
hearing, drainage, repair st. ~;:,,,.l,,
ITEM- Reso. 178-96 adopted
as amended, authorizing fi-
nancial assistance grant ap- .
plication for community
services.
ITEM -"Q10S Back t.o School
Beach Party" approved.
32. Ord. 1803 defeated, not
passed.
Planning instructed to peti~
tion CTF-24 zoning of area
specified
33. Ord. l806 adopted
34. Ord. 1807 adopted
35. No action (see Item ill)
36. No action (see Item *12)
37. Ord. l822 passed 1st. reading
38. Discussed Ord. l820
39. Ord. 1B1S to be advertised
40. Reso. 178-97 adopted
41. Reso. #78-98 adopted
42. Reso. >>78-99 adopted
43. Reso. #78-100 adopted
44. Reso. #78-101 adopted
ITEM,- Reso. i78-l02 - Objecting
to Federal Government Policy
of Refusing to Provide Grant
Funds Where Any Commitment
of Local Funds Has Seen Made
- To be reworded and consid-
ered 9/7/78
4S.}
46. . Accepted for Recording
47.
48. Approved
49. Other Commission Action
Comm. DeB1aker - Reported on
Aviation Study Commission,
Street Artist Ordinance, and
discussed annexation'problems
Comm. Nunamaker - Requested
Finkenbinder Proposal be put
on agenda and staff study
Airport site offer.
Carom. Martin - Reported
Sparkling City Jaycees re-
quested meeting re Fall ,
Festival. Reported request
for sewers by annexed City
residents. .
Reported complaints of dust
from City wat.er,tower con-.
struction'project~ .
Discussed Morningside Home
OWners ASBo..request for
. ri'ledi8;~:--strip and to erect.: "
,. ',:'entrance sign/planter... ... . '. .'....\;
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August l7, 1978
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