10/05/1978
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CITY COMMISSION MEETING
October 5, 1978
The City Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, october 5, 1978,
at 9:30 a.m., with the following members present:
Charles F. LeCher
Karleen F. DeB1aker
Karen Martin
William Nunamaker
Richard E. Tenney
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony Shoemaker
Thomas A. Bustin
Cecil Henderson
David Healey
Frank DanielS
Lucille Williams
City Manager
City Attorney
Representing City Engineer
Planning Director
Police Chief
city Clerk
The Mayor called the meeting to order. The invocation
was given by Vicar Volkur Reding of Grace Lutheran Church.
The Pledge of Allegiance was led by Police Chief Frank Daniels.
ITEM 13 - Introductions and Awards.
Proclamations were presented to the National Association
of Legal secretaries p~oclaiming Court Observance Day, October
24, 1978 and to Prestalene Rice of the Parent Teachers Asso-
ciation, proclaiming the month of october PTA Month.
A citation of Appreciation was presented to Auston Watts
for his work on the Clearwater Housing Authority from 1969 to
1978.
ITEM i4 - Minutes.
Commissioner Martin moved that the minutes of the regular
meeting of September 21, 1978, be approved as recorded and as
submitted in written .swmnation by the Clerk to each commissioner.
Motion was seconded by Commissioner DeBlaker and carried unani-
mously.
ITEM IS - Consent Agenda.
s.l
Request for Alcoholic Beverage Zoning to permit the sale
of beer and wineon and off premises at Coney Island Joe1s,
1210 North Fort Harrison Avenue (Lot 62, Enghurst 2nd
Addition), Joseph P. Pellechi.
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5.2 aid ~ Annual requirements for photographic supplies, 4
,',\ ".' '. bids, low bid, Consolidated Security 'services, Inc.,
,',". " 'Tampa,$9,7IS.10.'
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5.3Clca:.r~ater,Bomber request ,to, use Jack Russell Stadium
f,?:r' "Blue 'Grass Blast, II October 2l,1978, 8 to 11 p.m.
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Cash trnnsfer,of $440,331 for 1977/78 Water System capi-
tal Improvements (from Water Division cash reserves to
Water and Sewer Renewal and Replacement Fund to provide
construction cash).
Community Impact Statements recommended for approval.:
a. Tract 56, unit II, Countryside in section 20-28-16 -
u.s. Home. Located south and east of countryside "
Boulevard adjacent to the golf course and zoned
RS-75 (single family residential).
b. Clearwater Harbor Yacht Basin Condominium, Lots 4
to 8 inclusive, Columbia Subdivision #5 - G. Karay.
Located on Harnden Drive, Clearwater Beach and zoned
CTF-28 (commercial/tourist facilities), *with the
stipUlation that such approval shall not be con-
strued as an endorsement of proposed building
height. .
5.5
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5.7 Request for Annexation (For Referral) - Portion of N 208
Feet of the wls of section 20-28-l6, l-2.25 acres, Florida
'Power Corporation R.D.W. ISP (institutional semi-public)
zoning requested.
5.B Requests for Rezoning (For Referral) - City of Clearwater
applications:
a. Lots land 1A through 11, Columbia subdivision
#5; M&B 2-l in section 8-29-15; Lots 1 through
26, Block A, Bayside Subdivision #5; Lots 1
through 6, Clearwater Point Townhouse; Lots 1
through l2, Block D, Bayside Unit A #6; and
Lots 13 through 16, Block D, Bayside Unit C #6;
from CTF-28 to CTF-24 (commercial/tourist facili-
ties). Multiple owners.
b. Lots 1 through 57, Bayside Subdivision #2,
from CTF-28 to CTF-24, multiple owners.
c. Lot 1. Block A, Columbia Subdivision; M&Bs
8, 9 and 10 and vacated street in Section
8-29-15; Lots 44 through 57 and Lots 90 through
104, Lloyd-White-Skinner Subdivision; Lots 1
and 2, Block B, Columbia Subdivision: and Lots
1 through 4, Replat Columbia Subdivision, from
CTF-28 to CTF-24, multiple owners.
d. Lots 1 and 2, Block D, Bayside Shores Subdivision
from CG (general business) to CTF-28 - Stan
Musial & Bi9gie's~ Inc. owner. (Suncoast Inter-
national Inns, Lta.)
Commissioner OeBlaker moved to accept the items as pre-
sented on,the Consent Agenda and to authorize the appropri-
ate officials to execute same. Commissioner Tenney seconded
the motion which carried unanimously.
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ITEM,j6. - Resolution .78-115 - Lot Mowing List i10.
,', : Commissioner DeBlaker moved to pass and adopt Resolution
\ .78-115 and tOlauthorize the appropriate officials to execute
~same. Commissioner Martin seconded the motion. Upon roll
,call the,vote was:
,:t: ' II Ayes II : DeB laker, Martin, Nunamaker, Tenney and"
, " LeCher.
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ITEM *7 - Review of Prelim:l.nary Townhouse' Site Plan/
Subdivision Plat for Northwood Villa Townhouse, Tract H,
Northwood Estates, in tho NW. of Section 32-28-16. - Greenbaum
& Associates. (continued from 9/21/78).
The Planning Director presented slides of the area.
Kenneth King, architect"and Robert Greenbaum, developer,
were present and discussed the project. One story townhouses
will be constructed with no more than 10 unito in one building.
The total development will be on 16.87 acres located south of
County Road 102 between MoMullen-Booth Road and U.S. 19.
The'developer submitted a revised plan in which the set-
baCKS adjacent to Lake Chautauqua have been adjusted to a
minimum of 100 feet at the west end and a maximum of 137
feet at the east end of the property. Runoff will not be dis-
charged into Lake Chautauqua but ~ill run to the sinkhole at
the northeast end of ,the property.
Discussion ensued on lot coverage, streets to be dedicated
to the City, ingress and egress, and the street stub at the
southeast corner to allow egress to the property to the east.
, Commissioner Nunamaker moved to approve the revised pre-
liminary townhouse'site plan/subdivision plat subject to the
inclu~ion of a street stub to the east property line (Villas
Drive :South) tocoimect with the abutting Tract "G" opposite,
and subsequent Commission approval of the amendment of the
restrictions applicable to this property and, execution by all
parties to the agreement, and to authorize the appropriate
'officials to execute same. Commissioner Martin seconded the
motion.
Discussion ensued on the need for a community impact
statement. Mike Kenton, environmentalist, spoke in support
of, the development'. The Planning and Zoning Board and the
Planning Director recommend approval. '
Commissioner DeBlaker stated for the record that the
original C.I.S. stated the intent of the developer was for
three or four-story buildings, not eight stories, and opposed
the request.
Upon the vote being taken, Commissioner Nunamaker and
Martin and the Mayor voted "Aye", Commissioners DeBlaker and
Tenney voted "Nay." 'Motion carried.
ITEM ,#8 - Amendment of Restrictions on property Referred
to as'Tract H, Northwood Estates, in the NW~ of Section 32-28-16.
(Restrictions dated 6/23/75, Northwood Estates, a co-partner-
,ship, CFS Service Corporation, a Florida corporation, and The
Order of AHEPA Supreme Lodge). (Continued from 9/21/78).
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commissioner Martin moved to amend the Restrictions as
originally executed as follows:
L It'em 3. - "Northwood Estates Comprehensive Land Use
Plant! (Exhibit C) to read "Tract H" - zoning classi-
fication - RM-8; allowed dwelling units/acre 8; land
'use district - low density single family duplex~
apartment residential; aqtual dwelling units/acre
not to exceed 6; number of dwelling units not to
exceed 9 2 ~ and
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" 2." ,Item,.4. - Change "That complete and acceptable indivi-
:';;:':i:i' " '., :' :', '.' .. ,',' ,dual "community, Impact Statement" to add, with the ,
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3. Item 8. - To delete in its entirety.
and approval applies only' to Tract H and to this proposed devel-
opment, and to authorize the appropriate officials to execute
Barne. Commissioner Nunamaker seconded the motion. Upon the
vote being taken, Commissioner Nunamaker and Martin and the
Mciyor voted "Aye"t Commissioner DeBlaker and Tenney voted
"Nay." Motion carried.
ITEM #9 - Preliminary Plan Review, Clearwater Harbor
Yacht Basin Condominiums, Lots 4, 5, 6, 7 and 8, Columbia
Subdivision IS. - G. Karay.
The Planning Director reported the p1an'meets all code
restrictions except height. The site contains .89 acres with
325 feet of frontage on Clearwater Harbor and a depth of 120
feet, zoned CTF-28.
Commissioner Martin moved to deny approval of the pre-
liminary site plan for the Clearwater Harbor Yacht Basin
Condominiums. commissioner DeBlaker seconded the motion.
John Ehrig, architect, reviewed the rezoning of the
property from RM-54A to the present CTF-28 which reduced the
density and height restrictions several times and stated due
to the Floodplain Act, only 60% of the property is now usable.
The present zoning allows 26 units but the developer plans
only 22 which will be well insulated and environmentally and
economically feasible.
The applicant will apply to the Board of Adjustment and
Appeals on Zoning ,at their meeting of October 12,1978, for an,
IS-foot height variance.
Commissioner Martin withdrew her motion.
Commissioner Nunamaker moved to table the item. Commis-
sioner DeBlaker seconded the motion which carried unanimously.
ITEM #10- Lease - Room 4B in Lobby of the Clearwater
Marina Building on Lots II and 12 of City Park Subdivision.
Chaseo, Inc. dba Harbour Yacht Sales.
An invitation to bid was prepared and issued to seven
prospective lessees and four bids were received--one being
withdrawn prior to bid opening.
Commissioner Martin moved to award a 47-rnonth lease ef-
fective November 1, 1978, to Harbour Yacht Sales, Clearwater,
for $136.00 a month, which is the highest responsive and
responsible bid in accordance with the plans and specifica-
tions, and to authorize the appropriate officials to execute
same. Commissioner Tenney seconded the motion which carried
, unanimously.
ITEM #11 - Request for Alcoholic Beverage Zoning to
'Permit the Sale of Beer on Premises at 1212-1214 Rogers Street,
Lot 2, Block R, Hibiscus Gar.dens. - William Rodriquez.
,There are no schools or churches within the prohibited
distances' from the establishment.
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. 'Parking is adequate, however, the Traffic Engineer recom-
" ,~ends ,redesign of parking prior to approval. The present plan
r~qu;res exiting by backing out onto Rogers street. Donald
McF~rland, Attorney, stated the parking could be redesigned
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and requested approval subject to correction of the 'parki~9
problem.
Commissioner Martin moved to approve the request, subject
to correction of the parking problem. Commissioner Tenney
seconded the ~otion which carried'unanirnously.
ITEM *12
"Tortuga.1I
waiver of Dockage ,Fees - Pinellas County Barge
The Tortuga presently occupies a vacant commercial slip
at the Marina and serves a community'need in the construction
of artifical fishing reefs and has been made available to the
city for other marine projects at no cost.
Commissioner Nunamaker moved to continue a previously
approved waiver of dockage fees at Clearwater Marina ona
lnonth-to-month basis effective Ocotber 1, ,1978, and not to
extend beyond september 30, 1979, without Commission approval,
and to authorize the appropriate officials to execute same.
Commissioner DeBlaker seconded the motion. Upon the vote
being taken, Commissioners Nunamaker, DeBlaker and Tenney and
the Mayor voted "Aye"; Commissioner Martin voted "Nay." Motion,
carried.
ITEM *13 - Route Selection for Northeast and East Pollution
Control Facilities Interconnector and Force Main.
At a prior meeting, a contract had been approved with
Florida Testing Laboratories, Inc., for subsurface investiga-
tion and engineering report for interconnector foroe main
from the Northeast Pollution Control Facility to the East
Pollution Control Facility, but the route was not approved.
William Duke of Briley, Wild & Associates, the City's,
ConSUlting Engineers, presented three alternative routes.
Commissioner Tenney suggested another alternative Route
and discussion ensued. (Map attached).
Commissioner DeBlaker moved to approve Route D whi~h
will proceed from the sewage treatment plant north on Bayshore
Boulevard to Drew street, westerly along Drew to McMullen
Booth Road and northerly on McMullen Booth Road to S.R. 590
where it connects to the original route as proposed by Briley,
wild and Associates. Commissioner Martin seconded the motion.
The expenditure of City funds will be required for
acquisition of r-o-w.
Upon the vote being taken, motion carried unanimously.
Comrnission'recessed for lunch at l2:05 and resumed at
12:45 p.m.
Public Hearings
ITEM 117 - A Public Hearing on Lot Mowing Resolution
*78-109, List #9.
The City Attorney explained the purpose of this public
hearing and requested City Inspector Willard Stewart report
, on the;statua of lot clearing action. The City Inspector
reported the lots remaining to be cleared constituted a
"';" IJlenace to public health, safety and welfare. The're were 'no
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commissioner DeBlaker moved that Resolution '78-109,
passed September 21, 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
officials and employees be directed to proceed in accordance
with law to see that the lots are cleared. Motion was seconded
by Commissioner Nunamaker. Upon roll call the vote was:
IIAyesll: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
IINaysll: None.
ITEM #18 - A public Hearing on Violation of Minimum
Housing Code - 1927 North Highland Avenue, That Part of Lot
51, Sunset Highlands Unit l, start at the SW corner of Lot 50
and run S 219.62 feet for POB, thence E l50 feet, S 70 feet,
W 150 feet, N 70 feet to POB, Tract D in section 2-29-15. -
David Brown and James Walker.
AND
ITEM #l9 - Resolution #78-116 - Declaring Structure a
Violation of Minimum Housing (1927 North Highland Avenue).
, The City Attorney outlined the case and asked Minimum
Housing Inspector' Al Gricius to give his report. The inspector
reported all requirements of the ordinance had been complied
with and he recommended demolition of the structure which is
a health, safety and fire hazard. A plat, photos and papers
were presented for the record and accepted as Composite
Exhibit A.
Robert Hayden, attorney representing the owners, stated
his clients purchased the property in January of 1978 and had
no knowledge of problems. The house, built in 1971, separated
from the foundation and started to sink at a later date.
Mrs. Townsley and Mrs. Hayden, owners of abutting property,
spoke in support of demolition.
Commissioner Martin moved to uphold the findings of the
Building Official to order the removal or demolition of the
structure, that Resolution #78-1l6 be passed and adopted and
'the appropriate officials be authorized to execute same. Com-
missioner Tenney seconded the motion. Upon roll call the
vote \olas:
"Ayesl1: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #20 - A Public Hearing to Consider Vacation of 15
Foot Platted Alley Lying South of Lot l, Block 46A, Mandalay
i, 'Subdivision, on the East Side of Bruce Avenue. - Robert J.
'Saltzstein.
, This re~est has been reviewed by various City departments
'. and no objections raised.
, .Scott Dquglas, Attorney, reported the new owner would not
split the house.', He presented a petition with 38 signatures
,in support of the request. The alley is unsightly and the new
, , . ,.'own,er will maintain, the', alley.
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Commissioner Nunamaker moved to approve the vacation
request subject to it being retained full-width as a drainage
and utility easement, and to instruct the city Attorney to.
include this in an ordinance. Commissioner Tenney seconded
the motion. Upon the vote being taken, Commissioners Tenney
and Nunamaker and the Mayor voted "Aye"J Commissioners DeBlaker
and Martin voted "Nay." Motion carried. (Also see Page 8 ).
ITEM i2l - Request for Rezoning Lots 25 Through 34 Less
the street ROW, Block 3, Magnolia Heights, From RM-28 (High
Density, Multi-Family) to PS (Professional Services). -
Jesuit High School Foundation - Lee Dorian Et Al Phyllis
Dorian, Trustee.
This property on the east side of Myrtle Avenue between
Magnolia Drive and Lotus Path is partially developed with
two residences. The request for change of zoning will permit
an office building. .
The Planning and Zoning Board recommend approval.
The Planning Director recommends denial as the South
Greenwood area is being considered ,for rezoning to ensure
zoning commensurate with actual or most appropriate usage.
Action prior to completion of the study would not allow con-
sideration of these parcels in conjunction with the surrounding
area.
, Lee Dorian, builder, presented photos of the proposed
building and other completed projects.
Commissioner Nunamaker reported a conflict of interest.
(Memo attached and incorporated by reference).
One letter of support was read into the record and no
one spoke in objection.
, Commissioner Nunamaker moved to approve the request to
rezone the property to PS (professional services) and to
instruct the City Attorney to include this in an ordinance.
Commissioner Martin seconded the motion. Upon the vote
being taken, Commissioners Nunamaker, Martin and Tenney and
the Mayor voted "Aye"; Commissioner DeBlaker voted "Nay."
Motion carried.
ITEM #22 - Requests for Annexation:
a. Lot 7, Downing Subdivision, with RS-SO (single
family residential) zoning and Fire District
#2 Classification. - M. Dinkel.
This undeveloped property is west of BayshoxeBoulevard
and North of Downing street and a single-family residence is
planned. A lO-foot drainage and utility easement will be
required along the rear of the lot and a S-foot sidewalk ease-
ment along the front of the lot. There is an outstanding
assessment for sanitary sewer of $740.
The Planning and Zoning Board and the Planning Director
recommend approval..'
No one spoke' in objecuion.
commissioner Martin moved to approve the annexation,
.. , .. establish RS-SO zoning and Fire District 12 classification,
r~>: ~> , ,. '.; 'subject to,' easement provisions in the agenda letter, and to
~tr-';~;~'},,:~>,';:;":' . ins,truct:the' City Attorney to include this in an ordinance.
~{,i;'}.':.~~',",:)',:. '..\> _ Commissioner, Tenney: 'sec::onded . the motion which carr ied unanimously ~
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, ' The City Manager
'.: ",. "attorney representing
',., J", " ", .'this item. .' .
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,\
RE ITEM '20 - Public Hearing on vacation of Alley in
Mandalay subdivision - R. Saltzstein. (See Page 6).
David Browder, attorney for Frank Marchiselli, inter-
rupted the meeting and requested Item 20 be reopened as he
was representing property owners but had not received notice
of the meeting. The attorney was advised the matter would come
before the Commission again at the first reading of the ordi-
nance and the City Manager was directed to advise the attorney
of the date of the first reading of the ordinance.
b. Lot 60, Clearwater Manor Subdivision, with
RS-60 (Single-Family Residential) Zoning
and Fire District #2 Classification. - L. Poulopoulos.
A single-family residence is planned for this undeveloped
property at 1720 Ragland Avenue. A drainage and utility ease-
ment is platted along the rear'and no additional easements will
be required. There is an outstanding sanit~ry sewer assessment
of $600.
The Planning and Zoning Board and the Planning Director
recommend approval.
No one spoke in objection.
Commissioner Martin moved to approve Item #22-b as out-
lined and to instruct the City Attorney to include this in an
ordinance. Commissioner Nunamaker seconded the motion which
carried unanimously.
c. LOt 70, Clearwater Manor SUbdivision, with
RS-60 (Single-Family Residential) Zoning and
Fire District i2 classification. - L. McClure.
This single-family residence is located at 1741 Ragland
Avenue. A 5-foot drainage and utility easement is platted
along the rear of the property. No additional easements are
required at this time.
No one spoke in objection.
Commissioner Martin moved to approve Item #22-c as out-
lined and to instruct the City Attorney to include this in an
ordinance. Commissioner Nunamaker seconded the motion which
carried unanimously.
d. Part of Lots 5 and 6, Mosell Acres, with CG
(General Business) Zoning and Fire District
#1 Classification. - G. Yegge.
Commissioner Nunamaker moved to continue Item #22-d to
October 19, 197B, at 12:30 p.m. Commissioner Tenney seconded
the motion which carried unanimously.
ITEM #23 - A Public Hearing on Appeals on Zoning.
a. Mary Saporito for a special exception to operate
an automobile repair shop on Lots 4 qnd 5,
Block 34, Magnolia Park SUbdivision, located
at 1007' South Fort Harrision Avenue and zoned
CG (general business).
reported receipt of a letter from the
the applicant requesting continuance of
'. -)
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'.
,
Commissioner Nunamaker moved to continue this item to
November 2, 1978. Motion was seconded by ,Commissioner Tenney.
Cedio saltarelli, president of Harbor Oaks Assooiation,
objected to the continuance and stated the owner is presently
operating the business. Three letters of obj~ction were
received.
, Upon the vote being taken, motion carried unanimou~1y."
Commission recessed at 3 p.m. and reconvened at 3:15 p.m.
b. Ernest Maike for a variance' to construct an
addition to garage 'and residence, with a 20
foot front setback,on Lot 38 and the West l5
feet of Lot 37, Bayside SUbdivision, located
at 165 Devon Drive and zoned RS-50 (single-
family residential).
Robert Malke, representative, stated the house
sits with a 23-foot front setback. He is requesting the
variance to extend'the garage so their cars may be'parked in-
side (the garage is presently too short) and to extend from
a single car to two car garage.
Two citizens spoke in support and three in opposition.
A letter and petition of opposition with 16 signatures and a
petition in support with 28 signatures were read into the
record.
, Suggested changes to the design were discussed but they.
would create additional problems for the applicant.
, Commissioner Tenney moved to approve the request. Com-
missioner Martin seconded the motion. Upon the vote being
taken, Commissioners Tenney and Martin and the Mayor voted
"Aye"; Commissioners DeBlaker and Nunamaker voted "Nay."
Motion carried.
ITEM #24 - citizens to be Heard Re Items Not on the
Agenda.
Joe Grammatico, a building contractor, discussed the
time frame required by the City for approval of plans.
Commission returned to city Manager Reports.
ITEM #l4 - Appointment of Advisory Board Members - Com-
munity Relations Board.
Commissioner Martin moved to continue this item. Commis-
sioner DeB1aker seconded the motion which carried unanimously.
ITEM #15
Bids:
I.-
a. Police radio communications maintenance
(Qctober 1, 1978 through september 30, 1979),
1 bid, Motorola, Inc., Tampa $30,l35.00.
,',II .
Commissioner Nunamaker moved upon the recommendation of
the City Manager to award contract to Motorola, Inc. in the
amount of"$30,135~00 which is the lowest responsive and
. ..,. , ,responsible bid, and to authorize the appropriate officials
, " " :,' , .', to execute 'said' contract which shall be in accordance with the
:';', (;:;'<:; ,"', "':, plans, specifications and bid. Motion was seconded by Conunis-
..,.. {. ill
~\l;.:~ ",(: " ',s oner,OeB aker.
\gl~&~~ti~~~~~,j~'::;;,;~>, ,.(;.~~ .; " , "., ' "
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.. . ~,.... ,'I ~'1.r,...~.-.;[~..r(l";,~..tl.{~~.'.~".,....,~I,t:--:\~"\.: ~~~.'~.' ..1..1.... .'~.....~. lH}.... r,~!. .,'\ -"J" " ,"': . + ,,'. > "^ ~ I., . (l.' . ' '_;-..~. ~.
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Only one bid was received on this item and discussion
ensued on,the specifications being limited and too precise.
The Police Chief stated the contract is very compreh~nsive.
Upon the vote being taken, motion carried unanimously.
b. Annual 'requirements for motor oil and lubri-
cants, 7 bids, lowest responsive and respon-
sible bid, Jack Russell oil Co., Inc., Clear-
water $15,976.95. '
Commissioner Martin moved upon the recommendation of the
City Manager to award contract to Jack Russell oil Co., Inc.,
in the amount of $15,976.95 which is the lowest responsive and
responsible bid, and to authorize the appropriate officials to
execute said contract which shall be in accordance with the
plans, specifications and bid. Motion was seconded by Commis-
sioner DeBlaker and carried unanimously.
c. IBM Typewriter Maintenance, 5 bids, lowest
responsive and responsible bid, Business
Machines, Inc., Clearwater $5,760.00.
Commission discussed the withdrawal of the low bidder,
West Coast Business Machines, due to failure to furnish
,capacity and credit information.
Commissioner Nunamaker moved to continue this item to
October.l9, 1978. Commissioner Tenney seconded the motion
which carried unanimously.
ITEM #16 -, Verbal Reports and Other Pending Matters.
Request to conduct a carnival - Congregation Beth
Shalom, 1325 South Belcher Road.
The City Manager reported the request of Congregation
Beth Shalom to conduct a carnival November 19 through 23, 1978,
,on their premises and to waive fees applicable to the carnival
operator relative to rides, etc'. The applicant was not present.
Commissioner Tenney moved to continue this item to
October 19, 1978. Commissioner Martin seconded the motion.
Upon the vote being taken, Commissioners DeBlaker, Martin and
Tenney and the Mayor voted "Aye"; Commissioner Nunamaker voted
"Nay." Motion carried.
City Attorney Reports
ITEM #25 - Second Reading, Ordinance #1825 - Repealing
Ordinance #1777 and Vacating Alley 15'4" wide which runs East
and l'lest between Ewing Avenue and Prospect Avenue directly
South of Lots 1 through 4 and the West ~ of Lot 5 in Block
3 of Magnolia Park Subdivision, and lies directly North of
Lots 1 and 16 in Block A of Coachman Heights subdivision
~evised. - Dimmitt Car Leasing, Inc. and Walton M. Byars,
Jr.
The City Attorney presented Ordinance #l825 for second
reading and stated he would read by title only unless there
was a request to read in its entirety. The ordinance was
read by title only. Commissioner DeBlaker moved to pass and
adopt Ordinance 41825 on second and final reading and to
authorize the appropriate officials to 'execute same. Commis-
:..\',:; ;~,:~.:",:.:." ;:>::;~~er Martin seconded the motion. Upon roll call,..the vote
.:,:;~\:<'._;<~>..',.:","': "Ayeslt: OeBlaker,. Martin, Nunamaker, Tenney. and' ,'.1' '
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~~""'l,~"':_:~l~f~'~~\:~'~:~iif ~ ~,.(<.."~' ; . d> eINays":,. ~ None. ." . . '.
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~.r "~'l~~~~t~~~:ti~~~1;o/.\~;;{~;::::~~j~:,:..'.~,;;;..;:'.',:~'::~'c:::;k;::.~i'::':,~':',;", '~'~\:"'" ...::~'.' ..' .,:' ,',','. ..'. :>' ,,", ,'..: ' . " .\ ,,' ,'..,':\'J;.::':;:,~.;
.~~~,:~~i:-;J:.:,~~J~ti!~I.t"t-,--~,~:y~,~~q\t.~:,(,~, J;; "-r ;~; '~l-'" : '+ l'~.' ~ '.: d '\.;, ,,".'", f ~.... " :. " - , , "I'. '.,."~ ',i' .;: .~{
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ITEM '26 - Second Reading, Ordinance 11930 - ~endin9
City Charter, Chapter 9710, Speoial Laws of Florida, 1923.
The city Attorney presented Ordinance *1830 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 '1830 on second and final reading and to
authorize the appropriate officials to execute same. Commis-
sioner DeBlaker seconded the motion. Upon roll call the
vote was:
IIAyesll: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
IINaysll: None.
ITEM #27 - Second Reading, Ordinance i193l - Amending
Chapter 2l1S3, Special Laws of Florida, 1941, to Establish
system of ,Civil Service.
The city Attorney presented Ordinance #1831 xor second
reading and stated he would read by title only unless there
'was a request to read in its entirety. The ordinance waB
read by title only. ,Commissioner Martin moved to' pass and
adopt Ordinance Il831 on second and final reading and to
authorize the appropriate officials to execute same. Com-
missioner OeBlaker seconded the motion. Upon roll call the
vote was:
"Ayes": DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM ~28 - Second Reading, Ordinance #1B32 - Amending
Chapter 23214, Special Laws of Florida, 1945, to ~end pension
Fund for Employees.
The City Attorney presented a memo with amendments for
this ordinance.
Commissioner Martin moved to amend the ordinance as
follows:
On line 3 of question 1, after the number 2-47 insert
the number "2-49."
On line 15 of the first question following the semi-colon,
insert the following language: IIproviding increased
benefits of not 1ess,than 75% average salary for on the
job disability. II
with respect to the second question, on line 3, aft&r
the word "2-46" add the word "and."
On line 3 strike the words "and 2-49'. I!
On line 7 insert the word "and" after the word
"contribution."
On line 9. strike the semi-colon and the words "and
providing increased benefits for on the' job disability."
"
Commissioner DeBlaker seconded the motion which carried
,,' unanimously.
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t + ~l' ,~~ "\~'~~til' ~b~,:;,t~~' "'ijldL~~..~: ~.y?~..t'J~';:,N ~ 1 t..~"';;~. ;'\ ~':1 ~'\:~~1"'.:- ;. ....J' .~. ~. '. J -: .' '. .;<~:. ~",: ;:-:.". . 1 . " ; .L~'.,... > .. ," ,~:.~ - .~.,. .;;, '. ;~~. "~'~ 't, '?'.;J .~:: :>i.:~':'
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f.- . ~r.J~'j'.:\i1li'i-.0:(1.1Yt~"~:~J:","~."1,..l.IJ-~"'~"':"~~' '~J:",~\:.i...;.:~~.'t '..~.r:r1:~:.:;-'~..... . ,.'. ;r" ".:.::: ""'I'.~.I"F.::J...,.",. .... . .t.~.~~.:....~;~i.~.
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The city Attorney presented Ordinance 11832, as amended,
for second reading and stated he would read by title only
unless there was a request to read in its entirety. The
ordinance was read by title only. commissioner DeBlaker
moved to pass and adopt Ordinance 11832, as amended on second
and final ~eading and to authorize the appropriate officials
to execute same. Commissioner Martin seconded the motion.
U~on 'roll call the vote was:
"Ayesll: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM *29 - First Reading, Ordinance '1826 - Annexing
Portion of Lot 10 in the SE~ of Section 19-29-16 (U.S. Home,
Rosetree Court, P.H~ 8/3/78). (Pinellas Groves)
The city Attorney presented Ordinance 11826 for first
reading. Commissioner Martin moved that Ordinance #l826 be
read and considered by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded by
Commissioner DeBlaker. Upon roll call the vote was:
llAyes": DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Naysll: None.
The ordinance was read by title only. Commissioner Martin
moved that Ordinance #1826 be passed on its first reading.
Motion was seconded by Commissioner Nunamaker. Upon roll call
the vote was: '
"Ayes I' : DeBlaker, Max-tin, Nunamaker, Tenney and
LeCher.
"Naysll: None.
ITEM #30 - First Reading, Ordinance #1827 - Zoning Property
Annexed in Ordinance #1826.
The City Attorney presented Ordinance #l827 for first
reading. Commissioner"Martin moved that Ordinance #1827 be
read and considered by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded by
CommissionerNunamaker. Upon roll call the vote was:
l1Ayesl1: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
IINayslI: None.
The ordinance was read by title only. Commissioner
Martin moved that Ordinance #1827 be passed on its first reading.
, , Motion was seconded by Commissioner DeBlaker. Upon roll call
the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
c II Nays II : None.
,ITEM #31 - First Reading, Ordinance 11828 - Annexing
Portions of the NE~ of Section l2-29-15 (City of Clearwater
and Weaver, Enterprises, Inc., P.H. 8/17/78).
, The 'City Attorney presented Ordinance #1828 for first
reading.' Commissioner Martin moved that Ordinance 11828 be
read and considered 'by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded by
.. conunissioner Tenney. Upon roll, call the vote was:
>/ .... l
,',
"Ayes"'z DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
"
The ordinance was read by title only. Commissioner
'Tenney moved'that Ordinance '1828 be passed on its first
reading. Motion was seconded by Commissio~er DeBlaker. Upon
roll call the vote wasz
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Naysll: None.
ITEM #32 - First Reading, Ordinance *1829 - Zoning
Property Annexed in ordinance #1828.
The City Attorney presented Ordinance 11829 for first
reading. C~nmissioner Martin moved that Ordinance il829 be
read and considered by title only on the first reading by the'
unanimous consent of the Commission. Motion was seconded by
Commissioner Tenney. Upon roll call the vote was:
"Ayes":
DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
None.
"Nays":
The ordinance was read by title only. Commissioner
Martin moved that Ordinance #1829 be passed on its first
reading. Motion.was seconded by Commissioner DeBlaker. Upon
roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker,' Tenney and
LeCher.
"Naysu: None.
ITEM i33 - First Reading, Ordinance'#1833 - Amending
Section 25-68.1 ReVehicles for Hire, to Allow Exception.
Within City ,Limits.
The city Attorney presented Ordinance #1833 for first
reading. Commissioner Martin moved that Ordinance #1833 be
read and considered by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded by
Commissioner Nunamaker. Upon roll call the vote was:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
The ordinance was read by title only.
Roland Levison, a taxicab operator, spoke in opposition
and Don Lindo, a tour bus operator, spoke in support.
Commissioner DeBlaker requested a copy of the ordinance
in its entirety.
commissioner Nunamaker moved to continue this item to
October 19, 1978'. Commissioner Tenney seconded the motion.
The City Manager was asked to contact other cities for
their handling of this prOblem.
"MotIon carried unanimously.
"
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.
ITEM *34 - First Reading, Ordinance .1834 - Amending
Schedule of License Fees to Add Unclassified category.
The city Attorney presented Ordinance 11834 for first
reading. Commissioner Martin moved that Ordinance 11834 be
read and considered by title only on the first reading by
the unanimous consent of the Commission. Motion was seconded
by Commissioner Nunamaker. Upon roll call the vote was:
IIAyes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ordinance was read by title only. Commissioner
moved that Ordinance #1834 be passed on its first
Motion was seconded by Commissioner DeBlaker. Upon
the vote was:
The
Nunamaker
reading.
roll call
"Ayes" :
"Nays":
OeBlaker, Nunamaker, Tenney and LeCher.
Martin. Motion carried.
ITEM #35 - Resolution 178-117 - Calling a Special Election,
December 12, 1978, for the Purpose of Submitting to the Elec-
torate of the City of Clearwater Three Ordinances Containing a
New City Charter, Civil service System and Amended Pension Plan.
The City Attorney distributed a new Page 4 to be included
in this resolution.
commissioner DeBlaker moved to pass and adopt Resolution
#78-117 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 #36 - Resolution #78-118 - Dedicating Utility
Easement in section 21-28-16 (Northeast Treatment Plant).
commissioner DeBlaker moved to pass and adopt
#78-118 and to authorize the appropriate officials
same. C~nmissioner Nunamaker seconded the motion.
call the vote was:
Resolution
to execute
Upon roll
"Ayesll:' DeB1aker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM #37 - Resolution #78-119 - Assessing Costs for Dem-
olition of Minimum Housing Violation ($686.88), 1307 North
Myrtle Avenue - Lots 1 through 5 inclusive, John Williams
Subdivision.
Commissioner DeB1aker moved to pass and adopt
#78-119 and to authorize the appropriate officials
same. 'Commissioner Nunamaker seconded the motion.
call the vote was:
Resolution
to execute
Upon roll
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
IT~,.38 - Acceptanc~ of Deed.
. ,The ci ty Attorney prese~ted a
~> ;.~:,::, '.' .. .: Lois Rogers covering lands donated
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deed from Albert P. and
for drainage and ponding
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area in a portion of Lots 82, 83 and 84, sunset Hiqhlands Unit
3.
commissioner DeBlaker moved to accept the deed and to
direct the city Clerk to record same in the Public Records of
Plnellas County, Florida. Motion was seconded by commissioner
Nunamaker and carried unanimously.
ITEM '39 - Resolution 178-120 - Amending Resolution '78-100
to Reflect a Change in Ownership and in the Description
.Revealed by a Title Search and survey.
Commissioner DeBlaker moved to pass and adopt Resolution
#78-120 and to authorize the appropriate officials to execute
same. Commissioner Nunamaker seconded the motion. Upon roll
call the vote was:
"Ayesll: DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
ITEM - Resolution #78-121 - Formally Accepting the Offer
to Dedicate Beach Drive and All Other streets Appearing on
the Plat of Clearwater Beach Park Subdivision.
COlronissioner Nunamaker moved to pass and adopt Resolution
'78-l2l and to authorize the appropriate officials to execute
same. Commissioner Martin seconded the motion. Upon roll call
the vote was:
"Ayes": OeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Naysll: None.
ITEM #40 - Other Commission Action.
commissioner Nunamaker
, ,
Discussed the number of pedestrian accidents on Gulf-to-
Day Boulevard'and requested staff consider lowering the
speed limit, ticketing jaywalkers, and/or other alternatives.
He also noted the Artist-in-Residence Program received
national recognition.
'"
Mayor LeCher
Requested a longer IIwalk" time frame for crossing streets
in the Downtown area. Discussion followed on educating citizens
to the flashing lights.
He suggested the sign at Oak Bluffs reading IIDead Endll be
changed to "No Thorofare" or No Through Street."
He asked if'Haven House could be used for a geriatric
day-c~re center.
The Mayor also reported a request to turn the Avalon
'Motelintoa,hon~ymoon motel catering to newlyweds.
, ,
'Commissioner,Tenney
.:
" , .' '.' '.' "',' ," Expressed concern about the traffic light on Belcher
~,:'j:,. ",'I ~Ii; '~:i '::,Road ,.at "t~e shopping , center, near the Gulf-to-Bay intersection.
'>?..'>,:I.. >:"Other areas of ,the City along Gulf-to-Bay need traffic controls..
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for pedestrian safety. He asked that a traffic count aurvey
be taken and that the shopping center pay ~or that particular
light. ~:
He request.ed the Commission discuss labor negot i.ation. im-
mediately following this meeting.
Commiaaioner Nunamaker
Commented on citizens doing their'own cleaning ,up on
Island Eatates.
The meeting adjourned at 6 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 Employeest Pension Fund -
Membership in the Employeest Pension Fund.
Commissioner Martin moved to approve the recommendation
of the Advisory Committee to accept the following employees
into membership:
I ~
Central 'Services
Parks & Recreation Oept.
Vernon Packer
Charles Watson
patricia Warren (Data Processing)
Kenneth McGonigal (Garage)
Engineering Division
Robert Sebek
Kevin McGaniel
Paul Cheney
Bennie Darou
Traffic Engineering Dept'.. "
Johnny Jones
Christopher P. Poole
w.p.-c. Division
Library Department
Thomas Neitzel
l-iary Saylor
Kendal Robinson
Arlene Lyons
Gas oivisi'on
Imogene Sheffield
Douglas Mitchem
Commissioner Nunamaker seconded the motion which carried unani-
The meeting was adjourned at ~~ ~~.OUB~:'
Attest: May1r-ksS10neP "-""'"
~L
c,i,~~~ Clerk.
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