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07/19/1979 ," e' 1,-. .< .., CITY COMMISSION MEETING July 19. 1979 The City Commission of the City of Clearwater met in 'regular session at the City Hall) Thursday. July 19. 1979. at 9:30 a.m.. with the following members present: Charles F. LeCher William Nunamaker Karleen F. DeBlaker Richard E. Tenney Marvin Moore Mayor/ Commissioner ' Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present were: Jeffrey E. Butler Acting City Manager Thomas A. Bustin City Attorney Max Battle (To ,2:35) City Engineer Cecil Henderson(From 2:35) Asst. City Engineer' David Healey Planning Director Frank Daniels (To 6) Police Chief Paul Cherry (From 6) Officer Representing Police Chief Lucille Williams City Clerk The Mayor called the meeting to order. The Pledge of Allegiance was led by Chief Daniels. The invocation was given by the Reverend William Anderson of Calvary Baptist Church. ITEM #3 - Introductions & Awards. By proclamation, July 27, 28, & 29, 1979, were declared "We Care, Hospice D~ys in Clearwater." ITEM #4 - Service Awards. Ten service pins were awarded City employees. Larry Dawd, Parks and Recreation Department, is the employee of the month of June and Doris Scofield, 'Finance Department, employee of the month of July. ITEM #5 - Minutes. Commissioner Nunamaker moved to approve the minutes of the regular meeting of July S, 1979, as recor.ded.and as';sub- mitted in written summation by the Clerk to each Commissioner. Motion was seconded by Commissioner DeBlaker and caTri~d unanimously. ITEM #6 - Consent Agenda. 6.1 Notification of Expiration or Resignation of Advisory Board ~fembers: a. Beautification Committee. " ' b. Library :Board. , , 6..2,' Requ.e:st for Annexation' (For Referral) Portions of the' .'1, , . c.. . . ~ ',' : I.:: 11 ! .:. " ',~' . I '.'<' ~ . SW 1/4 of Section 36-28-15. - B. Stewart, C. Levison, & C. Dillon. 6.3 Request for Rezoning (For Referral) - South SO feet of Lot 1 and All of Lot 2, Block 1, Milton Park, from RM-28 (high density, multi-family) to PS (professional services). - Robert Wells. Commissioner DeBlaker moved to accept the Final Consent Agenda and that the appropriate officials be authorized to execute same, Commissioncr Moore seconded the motion which carried unanimously. ITEM #7 - Resolution #79-58 - Reaffirming Su~pott for Pact, Inc., in Accordance With Revisions by the City of Clcar- water, City Commission and City Officials. Revisions to the agreement include the City's increasing its lease payment from $250,000 to approximately $390,000 a year provided PACT) Inc. raises no less than $3,000,000 of private contributions for the development of the Performi~g Arts Center. PACT) Inc. will also raise an endowment fund of $1,000,000 to be used to meet debt service requirements and the City will issue a $1,000,000 guarantee of PACT) Inc. bonds as security for the borrowing. The City will issue revenue bonds to construct the required parking, access road, site development, and landscaping, at a cost not to exceed $1,000,000 with income generated from the parking to be made available to operate, maintain, and service the related debt. The term of the agreement was extended to 30 years. Citizens speaking in support cited the cultural aspect as an aid to economic development. Citizens speaking in op- position supported the concept but expressed concerns on the sums of money involved and requested a referendum for the taxpayers to make the decision. The City Attorney reported the $390,000 rental payment by the City will be addressed as to legality at the bond validation procedures. Commissioner Tenney moved to pass and adopt Resolution "79-58 and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. Upon roll call the vote was: "Ayesll: DeBlaker, Hoore, Tenney and LeCher. Nunamaker. "Naysll: Motion carried. ITEM "8 - Parking Garage Fe.~ibility Study. The study will assess the needs for construction of additional parking facilities in Downtown Clearwater and determine financial feasibility of the recommended approach. Requests were sent to 23 professional traffic engineer- ing and consulting firms and evaluated. Commissioner Nunamaker moved to.authorize the City Mana-. 'gerto negotiate and execute a contract with Ralph Burke .Associates, Park Ridge, Illinois, to perform a PaTki~g Garage ::~'f..\~/::.",':'.. :'. i~~~~~~;~1:,l~'i\;~i~0!:)~li!f'i~t;,,;;:..... ...... .... ...... ,'. ..., , 1~'ll'.';l;~r){~i;~;lI '<\1 ,;'.'.'.i'c~n):, IV': ' ", '. ..... .....j. .I'" ',; '. . ~. '. , . ~ i"~'~,'\;I"~~''''i'jj>l';j~",:'~?'~''}~'~"r",.t:"~:\:,, ;:, '. , ...... ;.,."t....:..:.: ..... . ;'t . ~lIltll ~_-i.~~N:I="-~..... ........'~ ~. ~,l... .....-.;~o' ,~~ ~ . ,. ~"......\ . . . .. Feasibility Study for Downtown Clearwoter; and to provide funds for the contract by transferring apprqximate1y $25.000 from Unappropriated Retained Earnings to the Parking Fund Operating Budget. Commissioner Mooro seconded the motion which carried unanimously. ITEM #9 - Traffic Signal at Bayview Avenue and Gulf-to- Bay Boulevard. Resolution H7~-S9 - Requesting a Permit from the Florida Department of Transportation and requesting D. O. T. advance its scheduled time for widening S.R. 60 between U.S. 19 East and Courtney Campbell Causeway and to consider re- ducing the speed limit for such road area. This intersection had 19 accidents in 1978 and the volume of traffic meets the requirements for a Traffic Control Device. Commissioner DeB1akcr moved to pass and adopt Resolution #79-59 and to authorize the appropriate officials to execute same and forward certified copies to the Metropolitan Planning Organization and the Florida Department of Transportation. Commissioner Nunamaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlakert Moore, Nunamakert Tenney and LeCher. "Nays": None. ITEM HlO - Resolution #79-60 - Authorizing Execution of an Agreement By and Between the Seaboard Coast Line Railroad Company and the City of Clearwater for installation and maintenence of preemption . circuits at the Chestnut and Court Street cross~ngs. Attachment of these,pree~ption circuits to the railroad gate~will allow the City's computerized traffic signal system to analyze backup created by the railroad crossings and to adjust the signals to compensate. Commissioner Nunamaker moved to pass and adopt Resolution #79-60 and to authorize the appropriate officials to execute same. Commissioner DeBlaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlakert Mooret Nunamaker, Tenney and LeCher. "Nays": None. ITEM #11 - Contract Between Pine1las Vocational Technical Institute and the City of Clearwater. The Institute has requested use of the City's training tower and training grounds while their permanent facilities are being constructed. Commissioner DeBlaker moved to approve a one-year contract between Pinellas Vocational Technical Institute/Fire Academy and the City, which will permit PVTI to store some equipment and conduct fire training exercises at the City fire training facility atl700 North Belcher Roadt at no expense to the City, and to authorize the appropriate officials to execute same. Commissioner Nunamaker seconded the motion which carried , " , unan~ti1ously. :;~~t\(;'"~;.,,;:,;,,;;;,,>,:c.' . '.. fjf.f....."iJt~~I; ~.J~t ,.J\~,... _I, ~\. 'f", ......,' ~" ;',] ,..~ , .,,{~\ ritiol"~l"4 ~ .,......~~l .1./.....1.. .~~..."'~.. 'I' . . ~ .' ,+... '. , . .~'i~il-h..,I}~.\v~f-&,~J\v.f:',~.:~....~.~.:~t..~i :.$J < .'~"':'r: 'k. .' .,. , ,.,', . . :itji)..er:,;~\!.~, :~'~"'~'i,,,:'J-.'~\t,,''';l'';:';.;.\~ .i,"."'~'I,.'.\';~/ ~~', '" ;l ' " .~ L . ....4\f~~!:~..lt:.;,(-(;t..~ti.~,..:-:'::;,.~.~~ .:': ,'.I:~.~, ......' ,I . .'o' , ..:). ...,t",~~\",~i,I;!:=.\!t~..,'.l....r;t~.;'H-.t''''-:''''' ,;'1. '-.'1: i, ~, . , '! ~ .' ~ ~~~;,"'~b:.,"~'tti';{I(}~1i.i'~;:~~~ J,:.: ;~..:~; '..~ .: ',' ',';". ~ ''7<,,'i!.I:tJ');J;;mtj.::l;C,-l~xl.:>~I,~ t~' .1',,1) I, " " ,,;"" ..,:'jlc1!.l. ~.l~(l...".I~~~ ~~~"'.:t~~~~I'{I' .~, !.:~;: h. ... ~ 1'" " . . ., ITEM 112 - Modification to Purchase Order 51462, Craille- Hall Mack Sales, Tampa. ($-lO,750.00) Lead time on the automatic transmissions increased from 12 to 18.24 months and is unacceptable to the Motor Pool Sup- erintendent as it would severely impact the Sanitation ,Division if the new vehicles did not arrive as scheduled. The contractor offered to substitute manual transmissions at $2,150 per vehicle. Commissioner Nunamaker moved to amend Purchase Order 51462 with Craille-Hall ~fack Sales for one rear-loading and four front-loading garbage trucks, to delete Allison MT 653 DR automatic transmissions and add Fuller RT 610 manual trans- missions at a unit cost reduction of $2,150.00 per vehicle, and to change the total purchase order price from $264,804.80 to $254,054.20, and to authorize the appropriate officials to execute same. Commissioner DeBlaker seconded the motion which carried unanimously. ITEM #13 - Purchase of Pro~ertr - 900 Plaza Street. Lot 1, Block G, Plaza Park Subdlvislon. The growth of the City and related use of additional vehicles makes it necessary to expand the Motor Pool area. Commissioner DeBlaker moved to authorize the purchase of Lot 1, Block G, Plaza Park Subdivision, for a total purchase price of $20,800 and that the appropriate officials be authorized to execute same. Commissioner Nunamaker seconded the motion. Upon the vote being taken, Commissioners Nunamaker, DeBlaker, and Moore and the Mayor voted "AyeH; Commissioner Tenney voted "Nay." Motion carried. ITEM "14 - Section 8 Moderate Rehabilitation Program. . , This program encourages landlords owning substandard units to upgrade them to be used for assisted rental housing. Loans for rehabilitation would be available from local banks and it would be economically feasible for the ,owners to rehabilitate the units, receive increased rent, and yet not be forced to charge the tenant an amount (without subsidy) that would trigger displacement. Commissioner Tenney moved to approve the submission of an application by the Clearwater Housing Authority to the Department of Housing and Urban Development fOT an allocation of 50 units under the Section 8 Moderate Rehabilitation Program, and to authorize the appropriate officials- to execute same. Commissioner DeB1aker seconded the motion which carried unani- mously. ITEM #15 ~ Community Services Trust Fund Grant Application. Resolution "79-61 - Authorizing the City Manager to execute and file a grant application under the Florida Financial Assistance for Community Services Act, with the State of Florida Department of Community Affairs. The application requests funds for three agencies which were previously funded -- Religious Community Services. Inc., Clearwater Housing Authority, and 'th~ Legal Aid' Society of 'Clearwater., Ine. . .:.' '",i',_ . ~~}t~~~~M'~M;"';~~~;~,2",;;,'c,~:i"..".<....'. .;.:;, . !;: '~(..lt.~~tl,:~,:l,:,,,,,:,:, "\~:,''''\-''';''',.'!';.~i!,':;' . ,':-' , ';:"'}'\~';"" ,".. , ... \i_' '1~i '. . . .. <. . Jl. " ~ ., . Commissioner Tenney moved to pass and adopt Resolution #79-61 and to authorize the appropriate officials to execute same. Commissioner DeB1aker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker. Moore. Nunamaker, Tenney and LeCher. "Nays" : None. ITEM #16 - Preliminary Site Plan Review - Dolphin Point Condominium. Island Estates. - Houle Industries. The parcel contains .484-acre, is zoned CTF-28. and on the cut-de-sac of Dolphin Point. The height .of the building will be 48 feet and will contain 12 dwelling units. With the exception of the proposed swimming pool, the project meets all City Zoning Code requirements. Commissioner DeBlaker moved to approve the Preliminary Site Plan of Dolphin Point Condominium subject to the developer making satisfactory arrangements with the Engineering Division relative to constructing the swimming pool in such a manner that it will not damage or weaken the existing seawall. Com- missioner Tenney seconded the motion which carried unanimously. ITEM H17- Water System Storage Facilities Rehabilitation, Part II. , Inter-State Contracting & Coating Company. Inc. has renovated and painted four elevated water tanks in the City and has submitted an Affidavit of Contractor to secure final payment due on the contract. Commissioner Tenney moved to approve the Certificate of Substantial Completion for the rehabilitation project (Part II) and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion which carried unanimously. ITEM H18 - Uniform Sewer Assessment Charge. Inflationary cost growth has created a condition where the City does not recoup its costs in extending sanitary sewer service to requesting property owners. Commissioner Tenney moved to approve an increase in the Uniform Sewer Assessment to $16 a front foot from the $10 a front foot charge set by the City Commission in January, 1974. Commissioner Moore seconded .the motion which carried unanimously. ITEM #19 - Emergency Purchase of Waterline Materials and Equipment. . The water main serving Clearwater Beach passes directly under the existing Main Library and must be relocated. Com- petitive bids were received but all exceeded the City's estimate of labor and materials. The City will relocate the water main using City personnel but supplies and equipment will be needed. An emergency situation exists with respect to the procuT.ement of materials and equipment for this project and ,".: the requirement is processed under the provis ions of Section . lSA~lO" Exceptions to Bidding Prodecures, which permits dispensing .. " .' c r ~ f. _ T , . ..' ..;.... ~.,);~~.~""'.,\h~.,J."(..,.~..,,.,,..<.....I,. ,,'" .,,"" r~f~'~"J-:J~~"'..tt~.)....,,~....h ~~...t ~.~~.,~~.: '. . I . ~, 5.. . e . " with bidding requirements by the City Commission upon deter- mination that an emergency exists. Commissioner Tenney moved to award contracts to purchase 540 feet of l6-inch water pipe with butterfly valVe and jo~nts, from C10w Corporation, Tampa, for $10,176.89; and one Wheeler- Fein Pipe Milling Cutter Machine, Model 9800, including accessory equipment and transportation from Banks Supply, St. Petersburg, for $8,894.51, under the emergency purchase provision of Section l5A-IO (1), Code of Ordinances; and to authorize the appropriate officials to execute same. Commis- sioner Moore seconded the motion which carried un_nimously. ITEM UfO - Data Entry Equipment Upgrade and Revision. The implementation of Remote Terminal Data Entry Systems by the City dictates a change in the Data Entry operatiQn. The key-to-disk system is no longer needed and will be ~eplaced by terminal input by the users. Replacerrent with low volume key-to-diskette machines and increasing the on-line disk capability, will enable continued planned implementation. Commissioner Tenney moved to allow the Mohawk Key Disk System contract to expire and to replace it with three IBM Model 3741 Data Entry machines and one Burroughs Model 207 Fixed Disk, and that the appropriate officials be authorized to execute same. Commissioner Moore seconded the motion which carried unanimously. ITEM 1# 21 - Verbal Reports' and Other Pending Matters. None. Commission recessed at 11:30 and reconvened at 12:30 p.m. 'Public Hearings ITEM '#22 - A Public Hearing on 'Lot Cleating Violations, List 113., Complaints of lots needing to be cleared have been investigated by the Sanitation Division and owners were notified by certified mail to clear the property within 10 days or a public hearing would be held to authorize clearance. List #3 with 12 property owners who failed to clear their property within the 10 days was presented. City Inspector Gil Wyers stated the lots remaining to be cleared constituted a menace to public health, safety and welfare. Commissioner Nuanmaker moved to authorize clearance of the properties in violation of Ordinance #1894, and billings of the property owners for costs and/or administrative charges. Commissioner DeBlaker seconded the motion. There were no objections. Motion carried unanimously. e- Mult~ple , " . 6. . .7/19/79 8) . " ownership., (Continued from 7/5/79). The property is located east of Clearwater Harbor, south of Turner Street and north of Jeffords Street. The change of zoning is requested to reflect existing land use characteristics and implementation of the Historic Preserva- tion Element of the Comprehensive Plan. The Planning add Zoning Board and the Planning Director recommend approval. ' The Planning Director presented slides showing the character and land use of the property in the area. Six Harbor Oaks residents spoke in support of RS-200 zoning. Harry S. Cline, attorney representing the developer, requested the Commission amend the City-initiated application to RPD zoning which would be proper for the area. The City Attorney advised the Commission that the zoning action should benefit the overall area and the owner allowed reasonablae use of his property--not specifically the highest and best use. Two citizens spoke in opposition to RS-200 zoning, citing a practical solution should be found and the owners' rights were being denied. Kurt Youngstrom, architect, presented slides of the area and requested the rezoning be amended to RS-200 for the west portion and RS-lOO for the east portion. Commissioner DeBlaker moved to approve the request for rezoning to RS-200 and to instruct the City Attorney to include this in an ordinance. Commissioner Tenney seconded the motion. The City Attorney requested Commission delete Hr. Mancini's residential property from the motion as counsel had stated proper notification was not received by the land owner. Commissioner DeBlaker moved to amend her motion to approve the rezoning of Lots A through L, Harbor Oaks Corrected Subdivision; Lot 2, Block 6, Starr & Savery's Addition; Lots 2, 3, 5, 6, 7 & 8, Shore Oaks Subdivision; and R. T. Markley Subdivision, less those portions of aforementioned lots and subdivisions presently zoned AL, from RS-SO and RS-75 to RS- 200; and to instruct the City Attorney to include this in an ordinance. Commissioner Tenney accepted the amendment. Upon the vote being taken, Commissioners DeBlaker, Tenney and Moore, and the Mayor voted "Aye"; Commissioner Nunamaker voted "Nay." Motion carried. The property is located at 700 Bayway Boulevard and zoned CTF-28 (commercial/tourist facilities) and the Board of ,Adjustment and Appeal on Zoning had granted the request for a special exception. Kenneth Zablocki stated the dock was unnecessary for a restaurant and lounge, and expressed concerns that it would " .,' , :~g~6i;1k:,';>;:,:<'j '< ,.:'" "~\..J~'11'5..; JC t -l'}" ,.,o."'11~.....' '.(, .....r " I ~ ~~ ~:~i~~..t1~~:~~i~~~\ ~{~,../<::~.+:,~.=;\./~:f ~!l~.~~!:.~:,:. ~ "::: ',~ :1 :,.:,' ~, ~/;;J;Jt~'\.:':~'\f\~\hl:."~l"1.7~~1.1,'~:~,il:'~J.t"l~I.... 'l,lJ-i~'.j.. r . @lp:e~~~1\~~t~1.:~~y..j1'e.~~~ ~i:;'.:;~{! ::, t '~"j~Z~"~I' .:;' ~ .'. ,~ " j '. ~. ' .. .~ ~{,,.rJ.~ .'.~t~~'}~t:t)~~~~~~l. t..1~~~-:;'~~r ..l~;\" 'i;-';~~ ~;;; , ~.' t ~ '~'. ,.' ~. " . . Fred Berg discussed the safety of the citizens and re- quested the airport be closed. He requested information on who was liable for damages in the event of a plane crash and who was responsible for aircraft maintenance. Sal Mistretia suggested the airport property be used for an industrial park. He also expressed concerns about planes barnstorming over the houses. . Frederick Stoneman stated he too is opposed to the airport and clarified his words in an article in the Clear- water Sun. Commissioner DeBlaker moved to continue this item to the regularly scheduled meeting of August 16. 1979. at 12:30 p.m. Commissioner Nunamaker seconded the motion which carried unanimously. ITEM #31 - Second Reading, Ordinance "1933 - Amending Zoning Atlas of CitI - Lots 1 and 2 and part of vacated alley, Block 4; and ~art of vacated alley North of Lots 10 and 11, Block 4, all ~n Wallace's Addition to Clearwater. Dimmitt Car LeaSing, Inc. and G. Church Et Ux. City-initiated. F.B. 4/5/79. The City Attorney presented Ordinance "1933 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 "1933 on second and final reading and to authorize the appropriate officials to execute same. Commissioner Nunamaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker. Moore, Nunamaker, Tenney and LeCher. "Nays" : None. 78.- The City Attorney presented Ordinance #1935 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 Nunamaker moved to pass and adopt Ordinance #1935 on second and final reading and to authorize the appropriate officials to execute same. Commi~- sioner DeBlaker seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Moore, Nunemaker, Tenney and LeCher. IINays": None. ITEM #33 - Second Reading, Ordinance #1936 - Amending Ordinance '1878 Amending Zoning. Atlas of City - Portion of NW 1/4 of SE 1/4 of Section 7-29-16. P.H. 11/2/78. - ,~..;, C. &,D.Phillips. ~~~~i!ii":kt:(':.:..' .. ....., ,.' ... ~..~~'1~!'!'~""'" ,.d." . ~_:.\.." , '; , ' ~~ ~j.'..." "-.' ~ \.. .J';I'~' .... ...~' , . . - "1'"\ I ,. ~ ....'1:;J,... r..,;. .oI:..L~"~,, .....A,..;o.....> . J'" ''''-''.., !oJ '".; ',. '\ I .' ~ ~ . ~ .)~tr .H.t.,;..:.:.,!'lff:.t"'-t:....,1,~~~~,.\'. ':} ~"';'..~;f-, ,~.l).:I:'~" "'.J +.: 1 ~~ :.....(\c..~~: ..-4J;.~..." t. " '.' ,..... ,~ ... ~ . , . ~ . The City Attorney presented Ordinance R1936 for second reading and stated ho would ~cRd by tit~e only unless there was n request to read in its entirety. The Ordinance was read by title only. Commissioner DeBlaker moved to pass and adopt Ordinance '1936 on second and final reading and to authorizo the appropriate officials to execute same. Commis- sioner Tenney seconded tho motion. Upon 1'011 call the vote was: "Ayos": Donlnkor, Moore, Nunamaker, Tenney and l.eChor. "Nays": Nono. Commissioner DeRlaker moved that Ordinance #1954 be read and considered by titlo only on the first reading by tho unanimous consent of the Commission. Motion was seconded by Commissioner Tenney and carried unanimously. The ordinance was rend by title only. Commissioner DeBlaker moved that Ordinance #1954 be passed on its first reading. Motion was seconded by Commissioner Moore. Upon \' 1'011 call the vote was: "Ayes": OeBlnker, Moore, Nunamaker, Tenney and LeCher. "Nays": None. ITEM W35 - First Reading, Ordinance #1955 - Repea1in~ Sections15-1 through 15-19 of Chapter IS, Parks & Recreat10n. Commissioner DeBlaker moved that Ordinance #1955 be read and considered by title only on the first reading by the unani- mous consont of tho Commission. Motion was seconded by Commissioner Tenney nnd carried unanimously. The ordinance was read by title only. Commissioner DeUlnker moved that Ordinance #1955 be passed an its first reading. Motion was seconded by Commissioner Nunamaker. Upon roll cnll the vote was: "Aycs II : OeBlaker, Moore, Nunamaker, Tenney and LeCher. "Nays": None. Commissioner DeBlaker moved that Ordinance #1956 be read and considered by title only on the first reading by the unanimous consent of the Commission. Motion was seconded by Commissioner Nunamaker and carried unanimously. The ordinance was read by title only. Commissioner DoBlokcr moved that Ordiance #1956 be passed on its first readlna. Motion was seconded by Commissioner Nunamaker. , ' ,r I, i0!i~~(~i.<\;.Li",;;,:(,;,~;;, :: ';:,,;:\:/) ~>i',::, :,,';;,:: ~ .-.. _ . ----_ - A7.I;I':'~\\!:'oJ,lc~.n. \~L;.I';I,..'.?; Jolf'''' ~'.l.., ',t:c,. .:o-I,,-~'....... "'~~"{1";" .',f)t"\ ,.. " V.E"""J,tt'Fr.~...tJ'lIf"'~ll". .J ....\-.1 ,'.",. < '~.(\'lO" 1 T' ,,\',..r.Jitl''ilqt'j;')\'''i:'',)."i~!,i'''1.r\'t,,'i.''~ . ,I:'; "~ .,",',; '.:.,:'~"l;;'",~ ',";c.,';;1 ;,':, ,';' :0":'" . . ...."t!,~J:lY..'ff~~i" ~~y. ".r; ~;rtt,.I..l~.f"\J,j,.. y~..~ .~L:.:~w 3' /'::.r.r..~.~..;" ...;~ ;"~ t;"'F ~\~~, 4' .:,.....~':.' ,. ',' - ."' ". . ./ '.' . . o': . .\' . ". " . '. Upon Toll call the vote was: "Ayes" ~ DcBlakcT. MooTe, Nunamaker, Tenney and LeCher. tlNnys": None. ITEM 137 - First Reading, Ordinance #1957 - Amending Chapter 5, Elections! to Clar1fy Publication of Notices for All General Dnd Spec al Elections. Commissioner DeBloker moved that Ordinance #1957 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 Moore and carried unanimously. The Ordinance was read by title only. Commissioner DeBlnker moved that Ordinance #1957 be passed on its first reading. Motion was seconded by Commissioner Nunamaker. Upon roll call the vote was: "Ayes": DeBlaker, Moore. Nunamaker, Tenney and LeCher. "Nays": None. ITEM H38 - First Reading Ordinance #1958 - Amending Cha~ter 13, Licenses and Regulations, to Provide Additional Definitions and Set out Criteria for Revocation. Commissioner DeB1aker moved that Ordinance #1958 be read and considered by title only on the first reading by the unanimous consent of the Commission. Motion was seconded by Commissioner Moore and carried unanimously. The ordinance was read by title only. Commissioner Nunamaker moved that Ordinance #1958 be passed on its first rending. Motion was seconded by Commissioner DeB1aker. Upon roll call the vote was: "Ayes": DeBlaker, Moore, Nunamaker, Tenney and LeCher. "Nays": None. Ordinance #1959 - Establishing to 0 eration of Communit Commissioner DeBlaker moved to amend Section 3, Subpara- graph (a) to add to the end of the last sentence: "Subject to review by hearing officer when available." Commissioner Nunamaker seconded the motion which carried unanimously. Commissioner DeBlaker moved to amend Section 4, to insert "by three~fourths majority vote: between the words "Board" and "approved." Commissioner Nunamaker seconded the motion which carried unanimously. Commissioner DeBlaker moved that Ordinance #1958, as amended, be read and. considered by title only on the first reading by the unanimous consent 'of the Commission. Motion , " :".~.~.~ ~\:"" . ;&~~~fl'l;;1:};':{i.~'>;;~"',,;!>;:,:,.,: .: ,./.. : "..... . j/; "&I,)~,IiI'v.o,{l"~" id~.',,,,,,,,\, ''''', ", "',~, t ,.' \ "", "'," , \1\-~\'.,r.1"!.t\',\.,.....~,~,~t:b-'-}1.J..,.,.t-.~.~\o:f,:'."~~y~".~>;' t :,T',', " ,', . . was seconded by Commissioner Nunamaker nnd carried unanimously. Tho ordinance was read by title only. Commissioner DoBlaker moved that Ordinance H1958, as amended, be passed on its first reading, ~Iotlon was seconded by Commissioner Moore. Upon roll call the vote was: "Aycs": DoDlaker, Moore, Nunamaker, Tenney and LoCher. "Nays": None. ITEM H40 . (First Rending of proposed Ordinance #1963, amending Chaptor 2 of Codo to increase compensation of Mayor to $10,000 and of Commissioners to $8,000 was not considered.) First Readin Ordinanco H1964 - Amendin Cha tar 2 of Code to ncrease omponsnt on 0 aYOT to an 0 omm1S- SToners to SlO,UOO. Commissioner Tonnoy moved that Ordinance #1964 be read and considered by title only on the first reading by the unanimous consent of the Commission. Motion was seconded by Commissioner Moore nnd carried unanimously. The ordinance was read by title only. Commissioner Tenney moved that Ordinance #1964 be passed on its first reading. Motion was seconded by Commissioner Moore. Discussion ensued on the extent of the increases to the annual salarios and justification. Commissioner Nunamaker suggested the Commission consider having commission expense accounts reviewed and/or approved by the Mayor, nnd the City Manager as secondary backup; and the Mayor's expense account be reviewed and/or approved by the Vice-Mayor. The City Attorney was asked to draft an amendment to that effect to the ordinance. Upon roll call the vote was: "Ayes": Moore, Tenney and LeCher. DeBlaker and Nunamaker. "Nays": Motion carried. ITEM #41 - First Reading, Ordinance #1965 - Amending Section 13-6 of Code Relating to Licenses and Regulations to Set Forth Criteria for Issuance of Psychologist Licenses. Commissioner DeBlaker moved that Ordinance #1965 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 Tenney and carried unanimously. The ordinance was read by title only. moved that Ordinance #1965 be passed on its Motion was seconded by Commissioner Moore. the vote was: Commissioner DeBlaker first reading. Upon roll call ,!lAyes" : DeBlaker, Moore, Nunamaker,> Tenney and LeCher. !lNays": None. ,I ~if;;':~' ~:C",.:,,;i .::;,,: .' " ,,', ;~~;~~~~~~:\'!:;g'~:',;~,:,f> '>,;;'.::':,:~I! '. ':,:,' " , ,I' . ITEM *42 - Resolution H79-62 - Dedicating Right-of-Way, East 20 Feet of West 75.2 Feet of Lot I, BlOCK I, Wallace Addition to Clearwater. Commissioner DeBlaker moved to pass and adopt Resolution H97-62 and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Moore, Nunamaker, Tenney, and LeCher. "Nays": None. , ITEM #43 - Resolution #79-63 - Authorizing City Attorney to defend City in Case of Clearwater Golf Park, Inc. Vs. City. Circuit Civil 79-7581-15. Commissioner DeBlaker moved to pass and adopt Resolution #79-63 and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. Upon roll call the vote was: "Ayes": DeBlaker, Moore, Nunamaker, Tenney and LeCher. "Nays": None. ITEM #44, - Other Commission Action. Commissioner DeBlaker moved to instruct Staff to pre- pare and refer to the Planning and Zoning Board for a recom- mendation, a draft to amend Section 35.08 of the Zoning Code relating to non-conforming uses, to clarify the provisions of the existing code and to provide for the property owners on barrier islands to build back to existing density property subject to intensive damage resulting from hurricanes. Com- messioner Nunamaker seconded the motion. Commissioner Tenney left the meeting at 4:30 p.m. Upon the vote being taken, there were four affirmative votes. . Commissioner DeBlaker moved to instruct Staff to draft an ordinance on portable buildings and refer to the Planning and Zoning Board for a recommendation. Commissioner Nunamaker seconded the motion. She expressed concerns about a provision for portable buildings used for religious purposes limited on anyone site to eight days only. Upon the vote being taken, motion carried unanimously. Commissioner Nunamaker suggested a boardwalk for handi- capped persons be constructed from the parking area out to the beach at the Avalon Apartments on Clearwater Beach. Mayor LeCher expressed concerns for a maximum rehabili- tation loan being set at $17,000 and suggested this amount needed to be increased. The Acting City Manager stated he would review the suggestion and a status report would be presented in a month. Commissioner ,Moore suggested funds be allocated in the , : budget ,"for ,bike paths along Florida' Power and railroad rights- >.i ", T'" .';c . ,.' .: "," " ' 7 /~~179' :,;'..' ;"::'.' :,,:. . ". ., of-way. He also noted that the State Babe Ruth Tournament starts July 20, 1979, in Clearwater. ITEM *45 - The meeting adjourned at 4:32 p.m. and met as Trustees of the Employees 1 Pension Fund, with the Mayor ca1ling'the meeting to order. ITEM #46 - Trustees of the Employees' Pension Fund: a. Membership in the Employees' Pension Fund. Commissioner Moore moved to approve the recommendation of the Advisory Committee of the Employees' Pension Fund to accept the following employees into membership: Central Services Libraries James Marshall (Data Processing) Dennis Duvall (Garage) Melissa McKaig (Service & Information) Police Department Jorge Carrasquillo Diane Pannofino Carolyn Johnson Parks & Recreation Deloris Butler Dorothy Slattery Utilities Department Robert Smith (Meter Shop) Frederick Bravo (W.P.C.) Gregory Olson (W.P.C.) Motion was seconded by Commissioner DeBlaker and carried unanimously. b. Pension to be Granted: Commissioner DeBlaker moved to grant retirement pension to Shirley A. Fass, Parkette, Police Department, effective July 13, 1979, in the amount of $368.87 a month. Commissioner Nunamaker seconded the motion which carried unanimously. c. Custodial Account Agreement Commissioner DeBlaker moved to apprOVe a custodial account agreement with the Exchange National Bank Qf ramp~ and ~o ~uthorize the appropriate' officials to execute same, Comm7ss1oner Nuna~aker seconded the motion which c~rried unanlmously. Commission recess'ed 'from 4' ~37 to6: 00 p:. m t' and ~e'c'Qn~~n~d for the pub11C hear1ng advert1sed for 6 o'clock. Commissioner Nunamaker lert the meeting. Police Chief Daniels wa.s ;replaced at 6 p.m. by Officer Cherry. Re'gulate BoundaTTes eJllent o o .: ,~~ The Planning Di'rector reported the Land Use Element has " , '. ~ .)'. ' " .~X')':'<t.i~~':';;S6V""/~~''''':<;'''>';'.f''"o'':'''";~; ..... . " . .14..' {f~}J.:,h~)~~{t~"1-"r-.E'Jt.J;,.t.':i~I..:.~.. l!'i41't,~,'.~";~~I:. J~'~';'.~~~'.:1'l:~ <. ~' ' " ~ . . been reviewed by the Tampa Bay Regional Planning Council, Pi~ellas County Planning Council and the Division of State Planning and those bodies have recommended adoption of the Clearwater Land Use Element. The Land Use Plan is a guide for zoning and reflects the goals of the community. The Commission's recommendation in June, 1979, included ,designation of a district which allows residential and office uses, designation of scenic corridors, conformance of lands in the South Greenwood area to rezoning actions taken by the City Commission and identification of flood~prone areas. These changes, and other Commission action since July of 1978 when the plan was first presented, represent the changes to the preliminary plan printed for review purposes. Following the second public hearing the Commission will be requested to act on the Land Use Plan Element, one of about 12 elements of the Comprehensive Plan mandated by the Local Government Comprehensive Planning Act of 1975. The Historic PTeseTvation', Conservati-on,' and Housing ,Elements have been approved. Chris Papandreas, Chief Planner of the Long Range Divi~ sion, presented slides of the area and discussed the numerous changes made to the plan, including the rezoning of the North and South Greenwood Areas, designations of aquatic lands and the new residential/office zone classification. The following citizens questioned the zoning on individual properties: John Bonner, attorney representing the owner of property on the east side of Duncan Avenue and south of Gulf~to-Bay, requested commercial zoning for the area. Annette Baker requested light manufacturing and/or commercial zoning designations for a lot at the corner of Myrtle Avenue and Hart Street. Douglas Roach, Representing the owner of property on the east side of U.S. 19 between Countryside Mall and Sunset Point Road, requested an industrial zoning designation rather than residential/office zoning which is more restrictive. His property is cUTrently in the County and zoned CP~l (commercial parkway, 20% maximum lot coverage). Howard Groth suggested there be more combinations of residential and other uses so that citizens might live closer to their work. Rosemary McClung suggested additional parkland be pur~ chased, particularly in the area of Belleair and Keene Roads. John Bonner questioned the zoning of the parking lot in the northwest corner of the block west of Duncan and between Rainbow Avenue and Gulf~to~Bay Boulevard. Joe Wolfe questioned the City's zoning of unincorporated areas within the City limits. Douglas Roach suggested the City encourage annexations. The Planning Director reported the City and County Plans will be very similar by the time of adoption and he requested ll~~~~;'i;.<.'." .......: ......... '. 1I~;~~~i;:i;:.{\:;.~' . " .'" " e'l '~'.; .," .'}~:: t :~; '~\:~~:~:~:~,::. ~:';~'.~~:. :'''~):'~~ :~',:;~~~1~~'~1~~~:1~:'~;,.~~ j.' ,'; ".C' c. . .. .:\ '. ',,} ".:, .', ':-1 .,> t~.:~ >,'.1., .,"'V,.... 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Beautification Committee b. Library Board Resignation of Advisory ,', Request for Annexation SW1/~ Sec. 36-28-15 (for referral) Portion of the (Stewart, Levison, Dillon) ~:;. ~ ' .Request Lot 2, for Rezoning (for referral) B1k 1, Milton Park part from RM-28 to PS of Lot I and (Wells) all of :1 .. J <I' .\ .., I . , :.1 .. I. ',' 1 '.", -J',' J .( 'i I . ~ I . "r '.. ,>j ~' . , !.,'~. i . '1: .. ;'1' .. " '~~ ..: . ,. " .' > " , .; :.~'.. ~'~:~<:.., ,'.:- , .1, I. \. "I' ," . ~.}. "\, /'. . .;. . ' " ' , .' " . ~.~ '. '~J->~. . " ~.j. ~ ':.'. . '~"':.:( . .~o: , .. .. ",' . r'.,. . ~ ~~ . ;. '~ ":, r.. ('., :..... .,.....'c . . , , ..' ....:\