01/04/1979
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CITY CO~rnISSION MEETING
January 4, 1979
rho City Commission of the, City of, Clearwater met in
regular session at the City Hall, Thursday, January 4, 1979,
at 9:30 a.m., with the following members present:
Charles F. LeCher
Karleen F. DeBlaker
Karen ~tartin
William Nunamaker
Richard E. Tenney
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony Shoemaker
Frank Kowalski
Max Battle
David Healey
Frank Daniels
Lucille Williams
City Manager
Chief Asst. City Attorney
City Engineer
Planning Director
Police Chief
City Clerk
The Mayor called the meeting to order. The Pledge of Alle-
giance was led by Chief Daniels. The invocation was given by
the Reverend John Burchiaga of the Unitarian Universalist
Church.
ITEM #3 - Introductions and Awards.
Rita Garvey was presented a Certificate of Appreciation
for her work on the Library Board.
Ann Borjeson, an Exchange Student from Sweden, was pre-
sented a Key to the City.
The American Red Cross commended the City and four fire-
fighters for participation in the CPR Program.
ITEM #4 - Service Pin Awards.
Fifteen employees were presented service pins.
ITEM #5 - Minutes.
Commissioner Nunamaker moved to approve the minutes of
the regular meeting of December 21, 1978, as submitted in
written summation by the Clerk to each Commissioner. Commis-
sioner DeBlaker seconded the motion which carried unanimously.
City Manager Repdrts
ITEM #6 ',;' Consent Agenda.
6.1
(For Referral):
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The Northwest section of the U.S. Home of Countryside
development is serviced by Dyna~Flo and the maximum design
flow has been reached. Staff recommends an increase to 300,000
gallons to permit continued orderly development of subdivisions
and increase the tax base. Additional income will also be pro~
vided through receipt of tax fees, impact fees and building
permit fees and will provide additional flow to better utilize
our expanded Northeast Treatment Plant immediately upon its
being placed in service.
Additional service will also be provided to the City of
Safety Harbor on a gallon per gallon basis after the City ex~
ceeds the original amount of 200,000 gallons per day.
Commissioner DeBlaker moved to delete Paragraph 3 on
Page 2, that referred to Paragraph 5 of the Temporary Sanitary
Sewer Treatment Agreement dated October 21, 1976. Commissioner
Martin seconded the motion which carried unanimously.
Commissioner Nunamaker moved to approve a new agreement as
amended, with Dyna-Flo Services, Inc., increasing the sewage
treatment agreement from 200,000 gallons per day to 300,000
gallons per day, with the stipulation that staff cannot authorize
the use of more than 200,000 gallons without City Commission
approval, and that the appropriate officials be authorized to
execute same. Commissioner Tenney seconded the motion. Upon
the vote being taken, Commissioners Nunamaker and Tenney and
the Mayor voted lIAyellj Commissioners DcBlaker and Martin voted
"Nay." Motion carried.
ITEM #13 - Proposed Amendment to Agreement Between the
Cit~ of Clearwater and the Florida State Lodge Fraternal Order
of olice.
The City of Clearwater and the Fraternal Order of Police,
Florida State Lodge 10, are in the second year of a 2~year labor
agreement which provided for a reopener on economic issues dur-
ing fiscal year 1978/79.
Amendments have been proposed to the existing agreement,
including: 1) a 5% wage increase; 2) an additional floating
holiday; 3) an increase of $5 biweekly for employees on shift
series 100 and 300; 4) an amended vacation schedule; and 5)
provisions to allow an employee to be placed on standby, and
a compensation schedule.
Commissioner DeBlaker moved to approve the Amendment to
Agreement between the City and the Florida State Lodge la,
Fraternal Order of Police, retroactive to December 1, 1978.
Commissioner Tenney seconded the motion. Upon the vote being
taken, Commissioners DeBlaker and Tenney voted "Aye"; Commis-
sioners Martin and Nunamaker and the Mayor voted "Nay." Motion
failed.
Commissioner Martin moved to approve the Amendment to
Agreement between the City and the Florida State Lodge 10,
Fraternal Order of Police, retroactive to October 1, 1978.
Commissioner Nunamaker seconded the motion. Upon the vote
being taken, Commissioners Martin, Nunamaker and Tenney and
the Mayor voted "AyeH; Commissioner DeBlaker voted"Nay." Motion
carried.
ITEM #14 - Bids.
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By unanimous consent the Commission agreed to consider the
" '~ids"collectively.
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a. 1978/79 Resurfacing Contract, 3 bids, low bid, Sun-
coast Paving Co., Tarpon Springs, $123,125.09.
b. Island Estates Bridges Repuir, 5 bids, low bid,
Edco Construction, Inc., Clearwater $48,550.00.
c. Sand Key Bridge Force Main Replacement Contract,
3 bids, low bid, Edco Construction, Inc., Clear-
water $38,845.00.
d. 1978/79 Street Sealing Contract, low (only) bid,
Campbell Paving Co., Clearwater $172,380.00.
Commissioner Martin moved upon the recommendation of
the City Manager to award contracts for the above items to the
bidders in the amounts indicated above, which are the lowest and
best responsible bids, and to authorize the appropriate officials
to execute said contracts which shall be in accordance with the
plans, specifications and bids. Motion was seconded by Commis-
sioner Tenney and carried unanimously.
ITEM HIS - Verbal Reports and Other Pending Matters.
The City Manager reported parks dedications, including
park dedications on Clearwater Beach, will be on the January 18
or February 1, 1979, Commission meeting agenda. The Land Use
Plan will be placed on the agenda for approval in approximately
four months, as there are two public hearings to be held. He
also reported the County will present the same MSTU legislation
to the Legislative Delegation. The City did not take a position
last year.
Commissioner Martin moved to authorize the City Manager to
have a resolution prepared opposing the bill. Commissioner
Nunamaker seconded the motion which carried unanimously.
ITEM #14-e - Bid (Omitted from the agenda).
e. Leasing of an' Automobile for Use of City Manager,
6 bids, low bid, Preferred Auto Leasing, Inc.
Clearwater $4,080.00.
Commissioner Tenney moved to alofard contract for the lease
to Preferred Auto Leasing, Inc. in the amount indicated above,
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, specifications and bids. Mo-
tion was seconded by Commissioner Nunamaker. Upon the vote
being taken, Commissioners Nunamaker and Tenney and the Mayor
voted "Aye"; Commissioners DeB1aker and Martin voted "Nay."
Motion carried. ,City Attorney Reports
ITEM "22 - Second Readingr Ordinance #1874 - Amending
Section 4-18 Relating to Intoxlcating Li~uors to Enact New
Zone l2L, Classification Section 4-2~ (a)(4). 1500 South
Missouri Avenue. East 41.9 feet of Lot 3 and west 41.9 feet
of Lot 4, less street, Block C, Carolina Terrace Subdivision.
McPherson Plecker.
, The Chief Asst. City Attorney presented Ord. t1874 for second
reading and stated he would Tead by title only unless theTe
was a request to read in its entirety. The ordinance was
read by title only. Commissioner Martin moved, to pass and
adopt Ordinance #1874 on second and final reading and to auth-
',,",;" orize the appropriate officials to execute same. Commissioner
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Commissioner DeBlaker moved that Ordinance H1848 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 Martin. Upon roll call the vote was:
HAyes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher.
"Nays": None.
The ordinance was read by title only. Commissioner
Martin moved that Ordinance #1848 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.
"Nays": None.
ITEM #24 - First Reading, Ordinance '#18'49 -' 'Zo'nTn'g' 'Pto'p'e'rty
Annexed in Ordinance K1848.
Commissioner DeBlaker moved that Ordinance #1849 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:
"Ayes": DeBlaker, Martin, Nunamaker, Tenney and
LeCher. .
"Nays": None.
The
DeBlaker
reading.
roll call
ordinance was read by title only. Commissioner
moved that Ordinance #1849 be passed on its first
Motion was seconded by Commissioner Martin. Upon
the vote was:
"Ayes":
DeBlaker,.Martin, Nunamaker, Tenney and
LeCher.
None.
"Nays":
ITEM 1/25 - First Reading, Ordin'ance 'ffl8'6T '- Ame'n'ding
Policemen IS Supplementary Pension re Lump Su'rnSet'tlem'e'nt
Option.
Commissioner Martin moved that Ordinance #1861 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:
"Ayes": DeBlaker, ~ia1"tin, Nunamaker, Tenney and
LeCher.
"Nays": None.
The ordinance was read by title only. Commissioner DeBlaker
moved that Ordinance #1861 be passed on its first readini. Mo-
tion was seconded by Commissioner Martin. Upon roll call the
vote was:.
"Ayes": DeB1aker, Martin, Nunamaker, Tenney and
LeCher. '
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Commissioner DeB1aker'moved to approve renewal of the
note and to authorize the appropriate officials to oxecute same.
Commissioner Martin seconded the motion which carried unani-
mously.
The Commission recessed at 11:15 and met immediately as
Trustees of the Employces~ Pension Fund with the Mayor calling
the meeting to order.
ITEM #33 - Trustees of the Emnloyees' Pension Fund - .
Funding for Referendum Items. Employees' Pension Fund Resolu-
tion H79-l - Increasing Contributions paid by participating
employees and directing the City Commission to increase the
City's contribution to the fund in accordance with Ordinance
#1832.
Commissioner Martin moved to pass and adopt Trustee's
Resolution #79-1 and to authorize the appropriate officials
to execute same. Commissioner DeBlaker seconded tho motion.
Upon roll call the vote was:
"Ayes": DeBlakert Martint Nunamakert Tenney and
LeCher.
"Nays": None.
The meeting of the Trustees of the Employeest Pension
Fund adjourned.
The Commission recessed for lunch at 11:21 a.m. and
reconvened at 12:30 p.m.
Chief Daniels was replaced by Major Ernest Wichelns.
Public Hearings
In September, 1978, at a public hearing, the City Commis-
sion directed the City Manager to prepare and process the
vacation request for the area which underlies the Carlouel
fence.
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City Engineer, Max Battle presented the vacation request
and stated a 60-foot right-of-way has been retained for Juniper
and Aurel Streets. The vacation on the north side of Juniper
at Eldorado, Bruce and Lantana, will be 10 feet; at Aurel and
Narcissus Avenues 25 feet; graduating down across lots 7 and 8, Blk. 256,
to 10 feet at the Bay Esplanade intersection. The vacation on
the north side of Juniper for Lot I and Lot 11, Block 264, is
6.25 feet. A drainage and utility easement will be retained
across each of the sections, and an emergency vehicle access
at the Narcissus intersection.
A list of questions was submitted by a citizen and ans-
wered by the City Engineer.
Frank Logan, attorney representing the Carlouel Garden
Improv~ment Association, stated the Association would move
the fence and take care ,of landscaping on both sidest and
agreed to turnarounds on dead end streets.
, Several'citizens spoke in opposition to the vacation, one
~~", spoke iri support. Jim Close, Trustee, Carlouel Garden Improve-
, :,,':'.me~t Associati,on, spoke in support of the vacation.
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Commissioner Tenney moved to approve the vacation of
sections of right~of~ways on Eldorado, Druce. Narcissus, Aurel,
Lantana and Juniper Avenues. retaining n drainage and utility
casement across each of the sections and, in nddition;an emer-
gency vehicle access across the Narcissus section, and that
the City Attorney include this in an ordinance. Commissioner
Nunamaker seconded the motion. Upon the vote being taken, Com~ 'J
missioners Nunamaker, Martin and Tenney and Mayor LeCher voted
"Ayel!; Commissioner DeBlaker voted "Nay." Motion carried.
Commission recessed
1155
#79-1 - Affirmin Violation of Housin
Code treet
The City Manager outlined the case and asked Minimum ,Housing
Inspector, Al Gricius to give his report. Upon questioninp. from the
Chief Asst. City Atty., the Inspector stated all requirements of ,
ordinances had been complied with and he recommended demolition
of the property as it is a health, safety and fire hazard. He
presented photos and papers which were received as Composite
Exhibit A faT the records. Ellie Heard, husband of owner of
record Mary Heard, requested sixty days to remove or demolish the
building.
Commissioner Martin moved to uphold the findings of the
Building Official and, by Resolution "79-1, to order the removal
or demolition of the structure; and to amend Resolution #79-1
to allow 60 days for the buildin~ to be repaired or demolished.
Commissioner Nunamaker seconded the motion. Upon roll call the
vote was~
"Ayes": DeBlaker, Martin, Nunamaker. Tenney and
LeCher.
"Nays": None.
ITEM H19 - A Public Hearing on the Zoning Appeal for a
Special Exception to operate an automotive body repair shop,
starting SE corner of NE 1/4 of Section 19-29-16, run N 340
feet on centerline U.S. 19, W 100 feet for P.O.B., run W 175
feet, N ZOO feet, E 175 feet, S 200 feet to P.O.B. - William
Georgilas.
This property is located at 1340 U.S. 19 South (Harn
Boulevard and U.S. 19 South) in a CG (general business) zone.
The applicant's request was denied at the November 30,
1978, Board of Adjustment and Appeals on Zoning meeting. An
automotive body repair shop may be allowed as a special excep-
tion provided all operations meet zoning code requirements.
The City Manager reported a letter of opposition from the
Morningside Meadows Home O\~ers Association and the City Clerk
presented a petition from Morningside East Condominium I Asso-
ciation with 21 signatures opposing the request.
Donald McFarland, attorney representing the applicant,
reviewed the area and reported on other automotive body shops
in the area.
Several citizens spoke in objection, referring to fumes
from painting and excessive noise with the doors facing their
residential area. The applicant stated he would provide shrub-
ery as a sound buffer to control the noise if th~ application
were, approved.
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~OTICt OF PUBLIC HEARINa
Cl.arwater City Commillion - Thurlday, January ~. 1878, at 12130 p.m.
Plaoe - COMMISSION MEETINQ KOOH, CITY HALL, Cl.arwatlr. Fl
TO"oonsider Vaoation NquuU, north End of Cl..rwatu S..ehl (Chy)
Parcell - Eldorado AVlnuel Be.ln at the Be cornlr of Lot 1,
Block el, Kandeley Sub. run .alterly alonl the ealterly extenl!on
of the louth lin. of ..1d Lot 1, Block II. to the SW corn.r of Lot 1.
Block 12 of laid IUbdivi,ion, thenae run northerly alon. the "e.terly
.line of ,aid Lot '!'It Block 12, 10.0 It i' thence run wetterly parallel
to ..id e..terlt exten.!on ot the .outh line 01 ,aid Let 1, Block el,
to the .a.terly lin. of laid Lot 1, Block Ill} thlnce l'un loutherly .
alona ,aid '.Iterly lin. 10.0 ft. to P.O.B. contain!n. 800 Iq.tt.
To b. Ntein.d as a drain_.. and utility ....m.nt. ,.
Parc.l 2 - Bruc. Av.nuI: Belin at SE corn.r of Lot 8, Block 283 of
Carloue1 Sub. run ..Iterly along the east.rly extension of the .outh
line of said Lot 8, to the SW corner of Lot 1, Bleck 26~ aa plattld
!n I.id Carleull Sub.; thence run northerly alonl the weat l1ne of
,aid Lot 1, 10.0 ft.; thlnce run we.terly parallel to laid laatlrly
extenaion of the south line of said Lot B. Block 263 to the east
line of said Lot '; thence run southerly along said east line 10.0
ft. to the P;O.B. Containini 600 sq. ft. To be retainld as a
drainagl and utility casamento
Percel 3 - Uarciuul Avenue: Begin at the SE corner of Lot 5,
. Block 257 of Carlouel Sub.run eastlrly along the easterly extentsion
of the south line of Lot 5. Block 257, to a point on the southerly
extension of west line of Lot 7, Block 256 of the afore laid sub.,
aaidJoint lying 25 It. south of and perpendicular to the south linl
of. d Lot 7, Block 256; thence run northerly along afore.aid
southerly extension of the west line of Lot 7, Block 256, to the SW
corner ot Lot 1. Block 256; thence run westerly parallel to the
afore.aid eaGterly extension of the south line of Lot 5, Block 2$7
to the east line of Lot 6. Block 257; thence run southerly along
the east line of Lot 5, Block 257, to the P.O.B. Containinl 1500
sq.ft. To be retained as a drainage and utility easement and for
Imerlency vehicle Access.
Parcel ~ - Aurel Avenue: Begin at the SW corner of Lot 7 Block 256
of Carloue1 Sub. run southerly along the southerly extension of the
w.et line of Lot '. Block 256 to A point. said point lying 25.0 ft.'
south of and perpendicular to the south line of Lot 7, Block 256 of'
the,aloresaid Sub.; thence run easterly along a line 25 ft. south ,
of and parallel to the louth linls of Lots 7 & 8, Block 256 of said'
Sub.. to a point of intersection with the southerly extension of the.
east line of Lot 8, Block 256 of the aforesaid Sub.; thence run
northeasterly to the SW corner of Lot l~, Block 265 of the aforesaid
Sub.. thence run northerly alone the west line of Lot 14, Block 265,
10 ft.; thlnce run westerly to the southeast corner of said Lot 8.
Block 256; thence run westerly along the south line of said Lots
7 i B. Block 256, to the P.O.B. Containing 6178 sq.ft. H.O.L. To
be retained as a drainage and utility easeoent.
Parcel 5 - Lantana Avenue: Begin 4t the SE corner of Lot 11. Block
264 of Carlouel'Sub. run easterly along the easterly extension ot
the south line of aaid Lot 11 to a point on the west line of Lot 1.
Block 257 of said Carloue1 Sub.; thence run northerly along said
west line, 10.0:feet; thence run westerly, parallel to laid easterly
extension of the aouth line of said Lot 11 to a point on the east
line of said Lot 11; thence run southerly along said east line of
said Lot 11, 10.0 ft. to th~ 'P.O.B. Containing 500 sq.ft. To be
retained as a drainage and utility easement.
Parcel 6 - Juniper Avenue: The south 6.25 ft. of Lot 1, Blo~ 26~.
Carlouel Sub.p and the south 6.25 It. 01 Lot 11, Block 26~, Carlouel
Sub. Contain1nl 1~O'.50 aq.ft. H.O.L. To be retained as a drainage
and utility easement. , , '
Citiilns may appear to be heard or file written notice of approval or
objection with the City Clerk prior to the hearing.
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City of C1earwatlr, Fl
'12121-28178
YOU ARE BEING SE:1T,THIS NOTICE BECAUSE YOU ARE ~~ ABUTT:~G PROPERT~
" OWNER.
Lucille Williams. City Clerk
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File~with Official
~Minutes'of 1/4/79.'
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AGENOA . City Comm~u ton ~reCltina . January <I,
9:30 a.m.
lTllH ACT{o~
===
1. Pleda' of Allegiance 1.
1 tn\'oc:at ion 2.
...
j. Introduction. ~ Award.
L Servieo Award. (9130 a.m.) 3.
S. eHy COlI\II\h'l1on Minute. of R'au14r ~lut1ni of
December 21, 1~7a
Ci ty IIn.naszeT Rel)ort.
6, Con.ont Aionda (5.. reVerse .ide)
7.
Aaroement. with a.n.rll Telephone Company of
Florida (Continu.d)
Veteranl Blue StAr Memorial Marker
Annexation Aare.mont.:
a. (If.ter only) ~robUell\aster, lne.
b. (Sewer only) Pork H. White et ux
Preliminary Site Plan . CleArwator Beach
Apartments
Preliminary Subdivision Plat Review" Shady
Oak Farms (Fincher Construction Company),
located in NN 1/<1 of Section 33-Z8S-16E
Dynn-Flo Sanitary Sewer Agreement
Proposed Amendment to Agreement between City
a Florida State Lodge of the F.C.P.
a.
9.
10"
n.
1:.
13,
l-l. Bids:
:1,
19;8-;9 Resurfacing Contract, 3 bid,.
low bid, Suncoast Pavin~ Co., Tarpon Springs
S1Z3.1Z5.09
Island Estates Bridges Repair, S bids.
low bid, Edco Construction. Inc. $~8,SSO.OO
Sand Key BridSe - Force Maln Replacement
Contract, 3 bids, low bid, adco Construction,"
Inc, S38 ,8<15. 00
1978/79 Street Seallni Contract, sole source,
Campbell Paving Co. )11Z,380
b.
c.
d.
15. \'crbal Reports & Other Pending ~latte\"!
Public Hearin~s (12:50 n.m.)
16.
\'llcation of R.O.lt. - CarIouet Subdivision
Violation of Housing Code " 1155 E. Pierce Street
Resolution - Affir~ing Violation of Housing Code
(Heard) (1155 E. Pierce Street)
:oning Appeal - William Goorgi1a5
nequest for Annexation - Portion of SE 1/<1 of
Section 36~ZS~-15E (First ChuTch of God, Clear~
water, Inc.)
17.
IS.
19.
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Chief Daniols '. t
Rov. John Burchiaga - Units
ian Universalist'Church
Ri ta 'Garvey - Certificate of~ ."
Approciation - Library Board. :(L
Exchange Student from Sweden '~f.!;'
presented Key to City. ~
American Red Cross . com. , I .
monded City and 4 flrefight~ ~
ers for participation in CPR ~
program. ,to ,o,ff
4. 1'5 . Employee Service Pins \ t::~f:
Awarded ,',~4'~"':
5, Approved ~~.,. '.,
6. Accepted Y
7. Approved
8. Approved relocation to
Bayfront.
9. a. Approved
b. Approved
10. Approved
11. Approved subject tocondi-
tions.
12. Approved as,amended
13. Contract approved - retro-
active to 10/1/78.
14. Approved colrectively>
15. City Manager reported Parks
Dedication will be, on agenda
1/18/79 or 2/1/79. , .
Land Use Plan will be on
agenda in 3 or 4 months.
Prepare resolution opposirig
MSTU legiSlation proposed by
County. .
14. c. Approved leasing of auto
for City Manager.
16.
Appreved vacation of sections
of ROW - Carleue! Subdivi-
ion.
AND 18, Upheld Bldg. Official's
decision to demolish building:
Adopted Reso. "79-2 as mnended.
DenJ.ed appeal
Approved ISP zoning and Fire
District 1# 1.
17.
19.
20.
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