11/15/1979
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CITY COMMISSION MEETING
November 15, 1979
The City Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, November 15, 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:
Anthony Shoemaker
Thomas A. Bustin
Max Battle
David Healey
Frank Daniels
Lucille Williams
City Manager
City Attorney
City Engineer
Planning Director
Police Chief
City Clerk
The Mayor called the meeting to order. Chief Daniels
led the Pledge of Allegiance and gave the invocation.
ITEM #3 - Introductions and Awards.
Paul Rettig, Utilities Director, is the employee of the
month.
Proclamations were issued declaring the week of Novem-
ber 19, 1979, "ClearWater Adoption Week"; and November 15,
1979, "Great American Smokeout Day."
ITEM #4 - Service Pin Awards.
Five service pins were awarded to City employees.
ITEM #5 - Minutes.
Commissioner DeBlaker moved that the minutes of the .
regular meeting of November 1 and the special meetings of
October 29 and November 6, 1979, be approved as recorded and
as submitted in written summation by the Clerk to each Com-
missioner. Motion was seconded by Commissioner Nunamaker and
carried unanimously.
ITEM #6 - Consent Agenda.
6.1 ,Community Impact Statements:
a. Cancer Center in Portion of M&D 15 in the NEl of
Section 21-29-15. - Morton Plant Hospital.
b. Clearwater Villas, M&B 4 and 4-4 in'the NEl of Sec-
tion 1~-29-16. - Clearwater Villas Development Co.
"" c. Coachman Road Condominiums in Portion of M&B 2-2
," .' ., in ,the NEl of Section 7-29-16. - Van McNeel-Polymer
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6.2 Request for Annexation (Por Referral) - Lot 8, Pinel1as
Groves Subdivision in the sal of Section 12-29-15. -
Dr. R. H. Woodley.
6.3 Notification of Bxpiration and Resignation of Advisory
Board Members: Neighborhood Advisory Committee (At
large category.)
6.4 Change Orders:
a. HI (Final), Williams School Drainage Contract, to
decrease West Coast Utility Construction Co. contract
$2,123.00 to adjust from, bid to actual quantities,
for a total present contract of $21,823.00.
b. Change Order "1 (Final), Japanese Gardens Storm
Drains Project, increasing Edco Construction Company
Contract $2,876.00 for a total present contract of
$97,861.00.
6.5 Request for Rezoning and Land Use Plan Amendment - To
R-IPD, combination of Recreation/Open Space and Industrial
Planned Development. Portion of Sections 20, 21, &
29-28-16 between McMullen-Booth Road and Landmark Drive. -
City of Clearwater. (For Referral.)
Commissioner DeBlaker moved to accept the revised final
Consent Agenda as presented to the Commission and that the
appropriate officials be authorized to execute same. Commis-
sioner Moore s'econded the motion which carried unanimously.
ITEM #7 - Dedicating Belmont Park as a Public Park.
By unanimous consent, the Commission agreed to the City
Manager's request to continue this item until after Item 47
had been approved. (See Page 12.)
ITEM #8 - Transfer of Funds from New Street Construction
to Drainage.
Heavy rains in the spring and summer caused considerable
, damage to the Stevenson Creek channel, the bridge on Druid
Road, and a number of City streets. These repairs were
unanticipated and could not be provided for in the budget.
Additional funds are also needed for drainage improvements
in several areas of the City.
Commissioner Nunamaker moved to approve the transfer of
funds from the project to widen Missouri Avenue (elP CODE 2114)
in the amount of $285,000 to the unspecified storm drainage
(elP CODE 2415). Commissioner Moore seconded the motion.
Prank Morrow spoke in support of the drainage projects but
suggested use of other nonessential funds. Upon the vote
being taken, motion carried unanimously.
ITEM #9 - Neighborhood Housing Services Contract Amendment.
The following wording to the Housing Rehabilitation Loan
Contract has been added to Section Ill, Subparagraph 6 on Page
4, "Closing costs, and any sums required for current accruals
for the mortgage escrow acc~unt covering real estate taxes,
hazard'insurance, and special assessments, as applicable, to-
gether with the initial premium for requiTed hazard insurance,"
,may be included as part of the principal amount of such loans.
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Commissioner Nunamaker moved to approve the amended agree-
ment between the City of Clearwater and Clearwater Neighborhood
Housing Services, Inc., and that the appropriate officials be,
authorized to execute same. Commiss~ner DeBlaker seconded the
motion. Upon the vote being taken. Commissioners DeBlaker.
Nunamaker, and Moore. and the Mayor voted "Aye"; Commissioner
Tenney voted "Nay." Motion carried.
Te1e
Commissioner Nunamaker moved to approve the City of
Clearwater entering into an agreement with Pinellas County and
General Telephone for use of an Address Telephone Index (ATI)
File for emergency dispatching for public safety services, and
that the appropriate officials be authorized to execute same.
Commissioner DeBlaker seconded the motion which carried unanimously.
ITEM #11 - Emergency Sanitary Sewer Repair at Hercules
Avenue and Range Road by Purcell Excavating Company, Inc.
($23,000). '
The roadway at this intersection was rapidly settling and
creating a potential traffic safety hazard. The City Manager
authorized repairs. Carpat Paving Company. subcontractor for
storm sewer in the Pinellas County project for widening Hercules
Avenue, may have caused some of the damage and has been con-
tacted to pay a portion of the expense (approximately $5.000).
Commissioner Nunamaker moved to approve, after the fact,
the repair of the sanitary sewer at Hercules Avenue and Range
Road by Purcell Excavating Company. Inc. in the amount of
$23,000 and that the appropriate officials be authorized
to execute same. Commissioner DeBlaker seconded the motion
which carried unanimously. '
ITEM #12 - Proposed Agreement Between the City of Clear-
water and the Fraternal Order of Police, Florida State Lodge 10.
The City Manager reported a 2 year agreement has been
successfully negotiated. Changes from the existing agreement
include a wage increase of 7.5% for the current fiscal year
and 7% for the next fiscal year, extra compensation for police
personnel on certain holidays. modified vacation schedule for
1980-81, change in calulating shift differential pay and com-
pensatory time, allows the City Manager to change Civil Service
Rules and incorporates portions of the rules into the collective
bargaining agreement.
Commissioner Nunamaker moved to adopt the proposed agree-
ment between the City of Clearwater and the Fraternal Order of
Police, Florida State Lodge 10. and that the appropriate
officials be authorized to execute same. Commissioner DeBlaker
seconded the motion which carried unanimously.
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ITBM '13 - Pro~osed Agreement Between the City of Clear-
'water and Local 3179. Communications Workers of America,
APL-CIO. .
A 2-year agreement has been successfully negotiated and
includes a wage increase of 7.S% for the current fiscal year,
7% for the next fiscal year, provides the City will purchase
uniforms but employees will launder their own uniforms, allows
the City Manager to amend Civil Service Rules and RegUlations,
and incorporates portions of the rules into the collective
bargaining agreement.
Commissioner DeBlaker moved to adopt the proposed agree-
ment between the City of Clearwater and Local 3179, Communica-
tion Workers of America, AFL-CIO, and that the appropriate
officials be authorized to execute same. Commissioner Nunamaker
seconded the motion which carried unanimously.
&
Northwood Plaza is located on McMullen-Booth Road between
County Road 102 and Eastland Boulevard. The required investi-
gation has been completed.
Commissioner DeBlaker moved to approve the request and to
instruct the City Attorney to include this in an amendment to
the Alcoholic Beverage Zoning Ordinance. Commissioner Moore
seconded the motion which carried unanimously.
Commissioner Nunamaker moved to approve an agreement for
resumption of a Farmers Market, Saturday mornings, beginning
November 17, 1979, and ending May 31, 1980; to waive license
requirements for participants; and that the appropriate officials
be authorized to execute same. Commissioner Moore seconded the
motion which carried unanimously.
ITEM #16 - Sole Source Purchase of Gate Valve OEerator -
E. H. Wachs Co., Wheeling, Illinois ($5,228.80 plUS freight).
Commissioner Nunamaker moved to award the sole source
contract for one gate valve operator with accessories and
mounting equipment as recommended and that the appropriate
officials be authorized to execute same. Commissioner
DeB1aker seconded the motion which carried unanimously.
ITEM #17 - Medical Director for City'S Emergency Medical
Service - Assignment of Medical Director Agreement.
Richard Slevinski, M.D., appointed Medical Director
of the Cityts paramedic program, is moving to Pensacola and
must resign effective November 30, 1979. Chief Pitts of the
Fire Department reviewed the qualifications of Dale G. Massad,
M.D., and recommended his appointment.
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Commissioner DeBlaker moved to approve tha assignment of
the agreement between the City of Clearwater and Dr. Slevinski,
to Dr. Dale G. Massad, effective December 1, 1979, and that the
appropriate officials be authorized to execute same. Commis-
sioner Nunamaker seconded the motion which carried unanimously.
The lots adjoin the City Hall Annex on the west and run to
Madison Avenue. The property is rented for $2,300 a month.
The property will be purchased for future expansion of the Annex.
, Commissioner Nunamaker moved to direct Staff to pursue the
purchase of the property; for $420.000, in accordance with
Section 2H8l of the City Code of Ordinances and applicable
State law, and that the appropriate officials be authorized
to execute same. Commissioner DeBlaker seconded the motion.
Upon the vote being taken, Commis~one~Nunamaker, DeBlaker,
and Moore, and the Mayor voted "Aye"; Commissioner Tenney voted
"Nay." Motion carried.
ITEM R19 - Fun 'N Sun Appropriations.
Inflation and expanded participation and events are the
reasons for this request for an additional $8,000 by the Fun
'N Sun Committee.
Commissioner DeBlaker moved to increase the appropriation
for the Fun tN Sun Festival from $15.000 to $23,000 and to
direct the City Manager to work with the chairman of the Fun 'N
Sun Committee to consider the Commissioners' concerns related
to invitations to former City Officials, use of the reviewing
stand, dinner or buffet be held before the parade, and separate
dinner for working committee members at a later date. Commis-
sioner Nunamaker seconded the motion which carried unanimously.
ITBM #20 - Bids:
By unanimous consent. Commission agreed to consider the
bids collectively.
a. Contract for Highland Avenue and Flagler Drive
Storm Drainage project - 8 bids, low bid, John
w. Daniels Paving Company, St. Petersburg.
$41,881. 50.
b. Two MOYNO Rotary Sludge Pumps, including in-
stallation - lowest responsive and responsible
bid, Jack Laurance Construction Company, Largo,
$12,400.00.
c. Approximately 2,700 Industrial Uniform Sets -
low bid, Barker Uniforms, Inc., St. Petersburg,
$43,560.00.
Commissioner DeBlaker 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
responsive and, responsible bids. and to authorize the appro-
priate officials to execute said contracts which shall be in
accordance with the plans, specifications. and bids. Motion
was seconded ,by Commissioner Nunamaker and carried unanimously.
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ITEM 121 . Preliminary Site Plans:
a.
of M B 5
The proposed development is located on a 1.3 acres site
on the northwest corner of Gulf.to-Bay Boulevard and Arcturas
Avenue.
The plan has been revised to reflect the recommendations
of the Resource Development Committee.
Commissioner DeBlaker moved to approve the revised pre-
liminary site plan and that the appropriate officials be
authori~ed to execute same. Commissioner Nunamaker seconded
the motion which carried unanimously.
b. Cancer Center in Portion of M&B 1S in the NBl
of Section 2l~29-lS. - Morton Plant Hospital.
The Cancer Center will be located on the north side of
Pinellas Street west of Bay Avenue and in an ISP (institutional,
semi-public) zone.
A revised site plan has been presented incorporating the
recommendations of the Resource Development Committee.
CommissionerDeBlaker moved to approve the revised prelimi-
nary site plan of the Cancer Center subject to satisfactory
arrangements with the Engineering Division for the provision of
a manhole to terminate the 72" storm water sewer, and that the
appropriate officials be authorized to execute same. Commis-
sioner Nunamaker seconded the motion which carried unanimously.
c.
Home Federal savin~s and Loan Association,
Northwood Office, ortion of Tract E~Z in
the SWA of Section 28-28-16.
The development is proposed for the northeast corner of
County Road 102 and Landmark Drive. The parcel contains 1.26
acres and zoned PS (professional services).
A revised site plan providing an additional drainage
retention area has been approved ty the Engineering Division.
Commissioner Nunamaker moved to approve the revised prelimi-
nary site plan subject to relocation of the driveway to the east
for a common drive, and that the appropriate officials be
authorized to execute same. Commissioner DeBlaker seconded the
motion which carried unanimously.
Clearwater VillaSf M&B 4 and 4-4 in the NBl
of Section 18~29- 6. - Clearwater Villas
Development Company.
The property is located in an area east of Old Coachman
Road, north of Gulf-to-Bay Boulevard. The tract contains
7.8 acres and zoned CG (general business).
d.
There will be 120 units.
, The R~source Development Committee recommended approval
subject to provisions for on-site drainage retention and
easements.
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In response to the City's request for n reduction of the
six units, Kevin Johnson, president of the C1earwnter Villas
Development Company, stated they propose to add more property
which will reduce the density of units per acre. They will
also comply with the easement request and drainage retention
site. '
Commissioner DeB1aker moved to approve the preliminary
site plan for Clearwater Villas subject to provisions for on-
site drainage retention, easements for water lines and ingress
and egress for garbage trucks, and a new site plan to be pre-
sented showing additional property; and that the appropriate
officials be authorized to execute same. Commissioner Tenney
seconded the motion which carried unanimoUSly.
ITEM #22 - Verbal Reports and Other Pending Matters.
a. Clearwater North Gate Station Agreement
w1th Florida Gas TransmisSion Company.
The East 119 feet of the North 60 feet of the
South 110 feet of the East 1581 feet of the
SEl of the Nwl of Section 12-29-15 less certain
right-of-way.
An agreement has been drawn between the City and Florida
Gas Transmission, a supplier of natural gas, to grant an ease-
ment together with ingress and egress thereto, to operate,
maintain, replace, repair, or remove its meter and regulating
station for receiving natural gas until June 1, 1992.
Commissioner Tenney moved to approve the agreement for
the Clearwater North Gate Station and that the appropriate
officials be authorized to execute same. Commissioner DeB1aker
seconded the motion which carried unanimously.
b. The City Manager requested a public hearing
date for the Co~ission to hear charges again~t John Hurley,
Clearwater Hous1ng Authority Chairman. By unan1mous consent,
the Commission agreed to have a public hearing December 17,
IP79, at 9:30 a.m.
c. The City Manager also requested a date to hear
a presentation on the cable TV proposals. By unanimous con-
sent, the Commission agreed on the second Thursday on January,
January 10, 1980.
Commission proceeded to City Attorney Reports.
Commissioner DeBlaker moved to continue Items 30 and 31
until after the public hearings were heard in the afternoon.
Commissioner Nunamaker seconded the motion which carried
unanimOUSly. (See Pages 22 and 23.)
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The City Attorney presented Ordinance #1997 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.
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Commissioner,Tenney seconded the motion.
.vote was:
Upon roll call the
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney
and LeCher.
"Nays":
None.
The City Attorney presented related Item 7.
ITBM #7 - Resolution #79-100 - Dedication Belmont Park
as a PUblic Park. Lots 52-56 & 81-85, Carolina Terrace Annex
Subdivision; Lot 3 less E 49.02 feet, A. H. Duncan's Resubdivision
of wI of SEl of swl of Section 22-29-15; Lots 25-32, Replat of
Jones Resubdivision; and vacated Portion of Vernon Street between.
Jones Resubdivision and Lots 2 & 3, A. H. Duncan RepIat.
Commissioner DeBlaker moved to pass and adopt Resolution
#79-100 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.
ftNays":
None.
ITEM #48 - First and Second Readings) Emergency Ordinance
#2048 - Amending Chapter 8, Elections, to Require Resignation
from Boards to Run for Local Office.
Commissioner Moore moved that Emergency Ordinance #2048
be read and considered by title only on the first reading by
the unanimous consent of the Commission. Motion was seconded
by Commissioner Tenney and carried unanimously.
The ordinance was read by title only. Commissioner
DeB1aker moved that Emergency Ordinance #2048 be passed on
its first reading. Motion was seconded by Commissioner Moore.
Upon roll call the vote was;
"Ayes": DeBlaker, Moore, Nunamaker, Tenney
and LeCher.
"Nays" : None.
The City Attorney presented Emergency Ordinance "2048 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 Emergency Ordinance #2048 on second and final reading
and to authorize the appropriate officials to execute same.
Commissioner Moore seconded the motion. Upon roll call the
vote was:
"Ayes":
DeB laker, Moore, Nunamaker" Tenney ,
and LeCher.
"Nays" ;
None.
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Commissioner DeBlaker moved that Ordinances #12023 through'
Ordinance '2045 be read and consider~d 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
DeBlaker moved that Ordinance '2023 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 #50 - First Reading, Ordinance H2024 - Zoning
Property Annexed in Ordinance #2023.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #2024 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 #51 - First Reading, Ordinance #2025 ~ Annexin~
Lot 13; Pine Dell Subdivision Less Triangle. F. Craddoc ,
P.H. 9 20/79.
The ordinance was read by title only. Commissioner
Nunamaker moved that Ordinance #2025 be passed on its first
reading. Motion was seconded by Commissioner DeB1aker. Upon
roll call the vote was:
"Ayesll: DeBlaker, Moore, Nunamaker, Tenney
and LeCher.
"Nays II: None.
ITEM'#52 - First Reading, Ordinance #2026 - Zoning
Property Annexed in Ordinance #2025.
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #2026 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.
IINays" :
None.
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.
.
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The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance H204l be passed on its first reading.
Motion was seconded by Commissioner Moore. Upon roll call the
vote was:
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney
and LeCher.
"Nays":
None. '
corner 0
113.44 feet,
City of Clear~
The ordinance was read by title only. Commissioner Moore
moved that Ordinance H2042 be passed on its first reading. Motion
was seconded by Commissioner Tenney. Upon roll call the vote was:
"Ayes":
DeBlaker, Moore, Nunamaker, Tenney
and LeCher.
"Nays" :
None.
The ordinance was read by title only. Commissioner Moore
moved that Ordinance #2043 be passed on its first reading. Motion
was seconded by Commissioner Tenney. Upon roll call the vote was:
"Ayes": DeBlaker, Moore, Nunamaker, Tenney
a.nd LeCher.
"Nays": None.
The ordinance was read by title only.
Charles Finton requested the record show there is public
opposition to vacation of this right~of-way easement. Frank
Morrow requested the Commission reconsider prior action and
preserve access to the water.
Commissioner Nunamaker ,moved that Ordinance #2045 be passed
on its first reading. Motion was seconded by Commissioner Moore.
Upon roll call the vote was:
tlAyes": Moore, Nunamaker, and LeCher.
.
.'
Commission recessed for lunch at ll:50 a.m. and reconvened
at 12:40 p.m.
ITBM '23 - A Public Hearing on Lot Clearing Violations,
List ~ lO.
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 #10 with 11 property owners who failed to clear
their property within the 10 days was presented.
City Inspector Willard Stewart stated the lots remaining
to be cleared constituted a menace to public health, safety,
and welfare.
Commissioner DeBlaker moved to authorize clearance of the
properties in violation of Ordinance #1894, and billing of
the property owners for costs and/or administrative charges
and the appropriate officials be authorized to execute same.
Commissioner Nunamaker seconded the motion. There were no
objections. Motion carried unanimously.
ITEM tt24 - A Public Hearing to Consider Declaring Property_,.
Surplus. Portion of Tract A in RepIat of Block 1 through 19,
Marymont Subdivision. Start NW corner of Hercules and Grand,
run W 450 feet to P.O.B., W 605 feet, N 645 feet, E 275 feet,
S 230 feet MOL, E 330 feet, and S 415 feet to P.O.B. Clear-
water Police Pistol Cltibtand .C1earwater Rifle ,Club.
The property contains approximately 7.2 acres of City~
owned land and has become a public safety hazard because of
the ricocheting of bullets. The activity can be relocated to
other City property and this parcel made available for indus~
trial use as it is in the City's Industrial Park area.
Commissioner Nunamaker moved to declare the property
surplus to the City's needs, authorize staff to obtain
appraisals, advertise the property for sale for industrial
use, and receive the City's application for rezoning from
P (public) to ML (light manufacturning) use and refer to the
proper departments. Commissioner Moore seconded the motion
which carried unanimously.
ITEM #25 - A Public Hearin
Surplus. tart corner 0
163.20 feet for P.D.B., W 268.80 feet, N 377.60 feet, E 489.60
feet, S 377.60 feet, W 220.80 feet to P.O.B. Performing Arts
Theater Center (PACT) Land Exchange. Resolutions "79~101 and
'102 ----
Transfer of ownership of the building site for the Per-
forming Arts Center will allow PACT to finance construction
for the theater. There are approximately 4.2 acres in the
site to be exchanged for approximately 4.9 acres in the Nwl
of the Nwl of Section 8-Z9-l6 adjacent to Moccasin Lake Park.
The City Attorney reported the requirement in the original
transaction, that the City start construction within two years,
is considered a covenant, not a reverter clause. A waiver of
the covenant has been received from the Kapok Tree Inn, Inc.
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.
. Robert Pfeil, representative, presented an aerial map
of the area and official soundings of the water depths of the
channel showing a minimum depth of 4'9" at low tide, an ample
depth for smaller craft.
Mike Kenton, Assistant Director of Public Works, stated
the concern is not with the immediate area of the docks, but
with the impact of dredging on the channel and open waters.
Dredging will upset the ecosystem. There will be no objection
if the applicant will agree not to dredge the area.
There were no citizen comments.
Mr. Pfeil stated they would not dredge in the channel,
but might dredge in the dock area.
Commissioner Moore moved to uphold the decision of the
Board of Adjustment and Appeal on Zoning to allow a Type A
Marinawiths1ips on the south side of the property only.
Commissioner Tenney seconded the motion. Upon the vote being
taken, Commissioners DeBlaker, Moore, and Tenney and the Mayor
voted "Aye"; Commissioner Nunamaker voted "Nay." Motion
carried.
b.
28 existing
The applicant requested the variance to permit the replace-
ment through construction, of 14 rooms lost during remodeling
of a nonconforming structure. The Board of Adjustment and
Appeal on Zoning approved the request on September 13 and 27,
1979. The Planning Director reviewed the zoning of the area
since 1972. The present number of units exceeds the permitted
density and the structure also violated the height, coverage,
and setback requirements of the Code. He quoted Section 35.09,
Subsection 5, relating to variances and which allows the-Board
to vary the provisions of the ordinance when there are practical
difficulties or unnecessary hardships. In his opinion, the
applicant did not prove either of the requirements.
Donald McFarland, attorney representing the owner, stated
they were requesting modification of the design of the facility
only, and presented the original site plan. He stated there is
a need for conversion of the 28 rooms into 14 suites: the
facility presently has only 2 suites,which are in great demand.
Discussion ensued on the nonconforming use and various
cases were cited. Modification of the rooms is permitted under
the current zoning, but the construction on the roof of the
parking garage requires the variance.
Gary Stakes, Vice President, stated they hope to develop'
the property to be the finest convention resort hotel in the
City and there is a need for suites. They plan 14 additional
units (12 rooms and 2 suites) on the garage roof. The suites
would be used for presentations, gatherings, and cocktail
parties, etc. The practical difficulty is a financial one.
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The property is vacant and contains 3 acres located on
the east side of Hercules Avenue north of Montclair Road. A
church is planned for the property. The applicant requests
waiver of parkland dedication and fees for preliminary site
plan, sewer impact, and annexation. ,
Drainage and utility easements will be required.
The Planning Director recommends only the site plan review
fee be waived as the property is now in the County Bnd was
submitted for informal site plan review only and not according
to the City's regular requirements and does not come to the
Commission for formal approval. This should not be considered
a precedent with respect to the nature of the applicant, but
merely with respect to the fact that it is not in the City.
There were no citizen comments.
Commissioner Tenney moved to approve the annexation
request for Item 27.2, waive the parkland dedication require-:l
ment and the preliminary site plan review fee, and that the'
requi~edeasements .be conveyed to the City, and the City
Attorney instructed to include this in an ordinance. Commis-
sioner Moore seconded the motion which carried unanimously.
.3 Start at NW corner of Nwl of NEl of Section.
1-29-15, run S 662.60 feet, E 409.49 feet to
P.D.B., then E 929.53 feet, S 628.04 feet,
W 1290.36 feet, N 260 feet, E 359.50 feet,
N 364.25 feet to P.O.B., with RS-60 (single-
family residential) zoning and Fire District
#2 classification. - S & N Development Co., Inc.
The property is located on the northeast corner of Hercules
Avenue and Montclair Road and contains 15.7 acres. The proposed
development for the Cedar Heights Subdivision includes 40 feet
of one-half right-of-way on Montclair Road and 50 feet of one-
half right-of-way for Hercules Avenue. The subdivision is
being developed to City standards although it was started in
the County.
There were no citizen comments.
Commissioner Tenney moved to approve the annexation request
for Item 27.3 and to instruct the City Attorney to include this
in an ordinance. Commissioner DeBlaker seconded the motion which
carried unanimously.
.4 Portion of Lot 16, Pine1las Groves Subdivision
1n E! of SEA of Section 12-29-15 and Portions.
of Lots 8 & 9r Mosell Acres, with CG (general
bus1ness) zonlng and Fire District #1 classi~
fication. - Philip A. & Ronald P. Hitchcock.
The property contains 1.56 acres located at the southwest
corneT of N.E. Coachman and Belcher Roads. A retail commercial
development is planned and was started under County jurisdiction
and is 95% complete. A l7-foot right-of-way easement will be
required on Lot 9, Mosell Acres, to make a total of 50 feet one-
half right-of-way for Belcher Road. This request will require
a Clearwater Land Use Plan change.
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.
.
Frcd Wildcr, attorney reprcsenting the applicant, reported
the property to the wcst (M&B 13) and Lot 2 are under the same
ownorship, but have separate zonings. These are small lots and
only onc unit could be built on the two lots. A prospective
purchaser would ,like to construct a duplex. The applicant is
requesting CG zoning for Lot 2. Under the currcnt RM-8 zoning,
it would be impossible to build upon. CG zoning on both
parcels would allow a duplex.
Discussion ensued on the zoning, and the rezoning of M&B
13 to RM-8. The Planning Director suggested the zoning not
be changed and the footage be recomputed as multiple dwellings
are a permitted use in a CG zone.
Commissioner Moore moved to deny the request, and suggested
the applicant recompute the footage to determine whether a duplex
could be permitted and, if necessary, a special exception or
variance could be requested through the Board of Adjustment and
Appeals on Zoning. Commissioner Nunamaker seconded the motion
which carried unanimously.
.2 From RM-28 (High Density, Multi-Family) to
CTF-28 (High Density, Commercial/Tourist
Facilities), Lot 67t Lloyd-White-Skinner
Subdivision. - Davia R. Little.
The property is located at 333 South Gulf View Boulevard.
There is an existing single-family residence on the property.
The zoning requested will permit a request for a special
exception to allow a real estate office.
Commissioner Moore moved to approve CTF-28 zoning and to
instruct the City Attorney to include this in an ordinance.
Commissioner Nunamaker seconded the motion. There were no
citizen comments. Motion carried unanimously.
'.3
The property is located at 301 South Gulf View Boulevard
and is developed with a motel and single-family residence.
The zoning requested will reflect the current Land Use
Plan and permit development of a gift shop on Lot 60.
Commissioner Tenney moved to approve CTF-28 zoning and
to instruct the City Attorney to include this in an ordinance.
Commissioner Moore seconded the motion. There were no citizen
comments. Motion carried unanimously.
.4 From RM-28 (High Density, Multi-Family) to
PS (Professional Services), the wi of Lots
n & 24 and all 'of Lots 9 througn 12 & 25
& 26, Block S, Hibiscus Gardens Subdivision.
Hallmark Partners, Ltd.
The property is located on the north side of Turner
, Street ~ast of Lincoln Avenue. There is a vacant building .
. ~:l:'.<': . ' ',on the"property. The proposed use is an administrative office
:';" .- ,", >',:. for Data Ca~h' Systems.
;J\':~:':':i.<"/<,' '/,::':.': "':' .... .,'. ",. '
{;:;:/;,~;;:.':<':<,.,~, .:'......;., '; Commissioner :Moore moved to approve PS zonin'g and to :..
;~~tl;}:,fj/:";.:~~~j.:\,:in;(~:~:Ct:~ t:h;~:. ei,ty' Atto,rney to 'inclpde" thi.s in an ,ordinance. . .
!t~~I!IP\~J:t;;i~:II>?)"C,~._.i~~!o~~r;'N.~.~~~ker seco,~ded t~e ,mo,tion.. There were. ,no' , " ,.: ' ,.,' I' ':
~.\ ~~.w:~':~I?~~~~~.n;~.~.C?~~~~.~;~\i,:~~ti.(J~ . ca1:"~i~d'H~animously. ',",.".',', . ,'" ,'. """ '.. ;.;'
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PINAL AG!NDA
CI
,
i..ion M.ltln, .'NovI~b'r IS, 1919 9:30 a.m.
-
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ol.
S.
Pl.d,. of, Allllllnc.
Invocation
IntroductIon. and Avard.
Slrvle. PIn Aw.rd. (9:30 ....)
City Co.a1..ion Minutl. of a'ful.r MI.tlna of
Nov..blt 1, 1818 Ind Splcil NI.tln.. of
Octoblr ZI, .nd Novlba.r &, 1911.
. City Manl.lr RIDort.
&. Conltnt A,lnd. (Revised)
1. (Continu.d) Dldlc.tina all.ont Plrk
a. trlnl'.r Pundt Proa HlW Str..t Con.truetlon to
Drllnl,_ Pro IT'.'
9. Nellhborhood Kaul1n. SefVi~.. Contract Aaendmtnt
10. A.r....ne with Pin.lla. County and a.neral
. TIlephone (Addr... TIllphonl Indlx Pil.)
,11. , Eanatncy a'pah . Knculn AVI , kana' Rd
12. POP ContraCt
13. Alr'lmlnt With CWA
14. Alcoholic Blverall Zoninl . Northwood Pla:a on
MQHullln Booth Raid
15. PI~er. ~arket
16. Pureha.1 Gltl Valve Operltor ,
11.' EMS Contract
IS. Purcha.e of Italin~ Property
19. Fun N Sun Appropriations
20. Bids:
a. Stor= Drainale - Riahland & Fla,lar
b. Slud,e PUlIlp
c. Industrial Uniforms
Preliminary Site Plans:
a. NWl Sec. 13.29s.lSe (Bur.er Kini Corp.)
b. Cancer Center - Ni Sec. Zl'29S-1Se. (Mor~on
Plant Hospital)
c. swl Sec. 2S.2BS-16E. (Home Federal Savings
5 Loan, Morthwood Office) ,
d. Clearwater Villas . HEl Sec. l8-Z9S.16E.
eCle&rwater Villas Development. Co.)
22. Verbal Reports and Other pendina Matters
a. Clearwater North G~te Station Aireement
Public Hoarinl[S
lZ:30 p.m.
Lot Clearinl Violations - List 110
Surplus P~operty . Police Pistol Club
PACT
a. SurpLus Property Declaration
b. Exchanle of Property
c. Grantina Access Easement
Zoni:ti Appeals:
a. Sand Key Development
b. HBa Corporation (Caribbean Gulf Hotel)
eCi ty-Appellant)
c. Wells
." , . ~
, .
ACTION
l. Chief Daniels.
2. ,Chief Daniels
3. Proclamations:
Clearwater Adoption Week of 11/18/79.
Great American Smokeout Day-fl/l5/19.
4. S Service Pins Awarded.
S. Approved.
6. Accepted.
7. R79-100 Adopted.
8. Approved.
9. Approved.
10. Approved.
11. Approved payment to Purcell Exca-
vating Co. - $23,000. '
l2. Adopted Agreement.
13. Adopted Agreement.
14. Approved.
15. Approved resumption of market in"
parking lot 119 ,- 11/17/79 -5/31/80.
16. Awarded contract E. H. Wachs Co.
$5,228.80 plus freight.
17. Approved assignment of agreement
with Dr. Dale Massad.
l8. Approved purchase of lots 14-18,
26-29, & 34-371 Gibson Clearwater
Hts. Sub. for ~420,OOO.
19. Approved increase to $23,000.
20. Approved collectively.
21. a. Approved.
b. Approved subject to Engineering
Division approval of manhole.
c. Approved subject to relocation
of East Drive.
d. Approved subject to compliance
with d~ainage and easemonts
requirements.
22. a. Approved agreement with Florida
Gas Transmission.
b. Set Public Hearing at 9:30 a.m.
on l2/17/79 for disposition of
charges against John Hurley. .
c. Set Special Meeting on 1110/80
for cable TV recommendation~
23. Authorized lot clearing a~d billing
of property owners.
24. Declared surplus and authorized
appraisals, advertising, and
preparation of application for
rezoning for industrial use.
25. a. R79-l01 - Release from covenant
in R77~133.
b. R79-102 - Declaring Property
Surplus.
c. Granted access easement to PACT
for property in Sec. 9-29-16.
26. a. Denied request for additional
dock space to the north.
b. Denied variance request for
additional units. Voided BAA
decision to grant.
c. Continued to 12/6/79.
. 1 ~ '
11/15/79
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'IHAL AC!HDA ~'C."i"i.. M..ti.. H....b.r 15, ""
a.~u..t. fOf Annlxationl
.1 Lot 'I' Cllarw.tlr Manor Sub. (OIBlrnardo)
.2 .t HI SIC 1~ltS-15 (ehri.t thl Lord
, Iv.n,111cal Luthlran Church of Cltarw.tlr)
.J 't lie. 1-Zg'lS (5 . N Dlvtlop.ene Co., Inc)
.e 'ortlon of Lot 16, '1nlll., GrovI. Sub.! .nd
'ortlon of Lot. I , I, Mo.t11 Acrl. in ~tC.
lZ-a'S-lSI. (Hitchcockl
.S S 160 ft of Lot I, Pint la. GrovI. Sub. ln
Stc. lJ.Z9-1S. (Woodley)
Rlqul.t. for al,onln'l
.1 Lot Z, Ilk C1 Jur,ln. Add. to C1tarwater Sub
(Voluntary M rlcll Church of Falth, Inc., .
Ro.. IIh.w) .
.J Lot 01, Lloyd-Whitl-Skinner Sub. (Llttlt)
.3 Loe. 5 , 51, 1.60, Lloyd~Whit'.Sklnntr Sub.
(Got.i't Nt~dlck) .
.4 wi of Loti 13 I 24, all of Lots t thru lZ
.nd ZS I ZOt Ilk S. Hibilcus Gardlns.
(HIll.ark Partntrs)
.5 Plrc.l I (I.IZ acr.. H.O.L.) and
ParcIl II (17.88 Icr.. M.O.L.). Portion of
Stc. 7~ZI~10. (Van McNeel, Polymer Int.)
Citizen. to bl H'ard re Items Not on the Aienda
C!ty Attorney R.ports
(Continued) Second Read!ni - Ord. Z02Z - Vacating
a.slment - Bayside Shores (Clearwater Point
Land Co. - P.H. 1/20/79) .
Second Read!ng - Ord. 1988 - Amending Zoning Ord.
to Provide Definition of Portable Building a
Am~ndini Buildini Code to Conform Thereto
Second Reading - Ord. 1997 . Amending tonini
Atlas of City (City~lnitlated - Sou~h Green-
wood Phase I - P.H. 6/21/79)
Second Readinr - Ord. %011 - Annexing Portion of
Lot Z. Mosell Acres (Edmunds-Johnson - P.H.
8/16/79)
Second Reading - Ord. 2012 - Zoning Property
Annexed in Ord. '2011
Second Reading - Ord. Z013 - Annexlnr Lot 1.
Blk A, Pine Ridge Sub (Allen. P.H. 8/16/79)
Second Reading - Ord. 21)14 - -Zoninr Property
Annexed in Ord. 2013
Slcond,Readini . Ord. 201S - Annexing Portion of
Tract C, Smith Bayview ~ Lot 4, Blk 6,
McMullen's (Svensson ~ ~cCune - P.K. 8/16/79)
Second Reading - Ord. 2016 - Zoning Property
Annexed in Ord. 2015
Second Reading - Ord. 2017 - AnneXing Portions of
Lots 7 ~ 8, Canterbury Heights (Wilson - P.H.
812/79)
Second Reading - O.d. 2018 - Zoning Property
Annexed in Ord. 2017
Second Reading - Ord. 2028 - Amending Ord. 1960
relating to Alcoholic Beverages to Change Zone
180 to LSE (Menalscino - Gulf-to-Bay Pla:a)
Second Readinr - Ord. 2029 - Amending Ord. 1837
rolating to Alcoholic Beverages to Change Zone
llF to llK (Hardy)
Second Reading - Ord. Z030 - Amending Sec. 4-18
of Code relating to Alcoholic Beverages to
, Enact New Zone ~2J (Sofrona! - 431 GUlfview)
Second Reading - O.d. 2031 - Amending Division 2,
Parking Meters. of Chapter 22, Traffic, of Code
to Renumber Cer~aLn Sections
." .
""
0' ".
~ '." .
;130 a.
27.
ACTION
.1 Approvod RS60 and PD '2.
.2 Approved ISP and PD '1.
.3 Approved RS60 and PD *2.
.4 Approved CO and PD '1, subject to
additional landscapo bUffering.
.5 Withdrawn~
28.
.1 Denied.
.2 Approved CTP-28.
.3 Approved CTF-28.
.4 Approved PS.
.5 Approved, RPD-l4
and AL.
29.
David K1in~er - requested review
of City ode prohibiting roller
skating on City streets, Sec. 22-l3.
30. Adopted Ord. 2022.
ITEM - Accepted easement from
Clearwater Point Land Co.
31. Ord. 1988 - Continued to 12/6/79.
32. Ord. 1997 Adopted.
33. Ord. 20ll Adopted.
34. Ord. 2012 Adopted as amended.
35. Ord. 2013 Adopted.
36. Ord~ 2014 Adopted.
37. Ord. 2015 Adopted.
38. Ord. 2016 Adopted.
39. Ord. 2017 Adopted.
4.0. Ord. 2018 Adopted.
4l. Ord. 2028 Adopted.
42. Ord. 2029 Adopted.
43. Ord. 2030 Adopted.
44. Ord. 2031 Adopted.
, 11/1,5/79
H '~',
~ ,;. ,.~ ..
~ ~ ;. ", ; ,I ::.-s.
PINAL AOIH'DA
Ilion M..tin, - ~ov.mb.r 15, 1979
9110'I.m.
.
~lm
I.cond R.adin, - Ord. Z03Z - Vleatlft. Clrelin
Al1.Y' . lilhe-ot,WIY 1n aloekt 11 . llt
I.ll.air Su~. CI" Ltd. . '.H. '/2/79)
S.eond.R.adln, . Ord. 2036 . Vleatin,' 'arc Lon at
I&....~t in Call.,. Kill 'Irk, Unit 1 (Irl~k.n
'.H. 10/1l17t)
StcoQd R.adlnr . Ord. Z037 . V.eltin, 'ortion at
V.rnon Se. (Jon.. ..tub. . Il.aont 'ITk . P.K.
10/11/.79)
aa.r,'RCY ~I"I" - Or4. 2041 . ~'ndln, Chlpt.r
It al.ctloDI, to a.quir. a,'lmatlon fro. laird.
to run for Locll Offlc.
Pirlt R.adiel - Ord. 2023 . Ann.xln. Lac 6. Ilk
J, Doulla. Manor Uke Sub. (Marty -P.H. 9/Z0119)
Pirlt R'Kdinl - Ord. 2014 - Zonlnl Prop.rty
Ann.x.d in Ord. 2023 '
Plrlt R.adin. - Ord. 2025.' Ann.xln, Lot 131 Pln.
, D.ll Sub. L.u Trian,lt (Craddock -P.H. 9/Z0/79)
Firlt aa.dine . Ord. 2026 . Zonlnl Prop.rey
Ann.x.d in Ord. Z02S
First R.ld1nf - Ord. 2041 - Am.ndina SIC. 4-11
r. Alcohol C I.v.rll's to Enlct N.w ton. 11I
(Copper Fox South. '.H. 10/18/79)
Pirst R.ldinl . Ord. 2042 . Vlclcln, Trlanrular
Por~ion of Hendrlcks S~. in Gould ~ Ewina 1st
Add. (el ty . P .H. 10/18/79) ,
First R.ldin, - O~d. 2043 - Vaeatin, Sasement
in Hibiscus G.~d.ns Sub. (!lwQod Hoaan, J~.
Trusue . P.H. 10/18/79)
Fi~st R.adtnl . O~d. 2045 . Vac~eini a Portion of
~ ~iaht-of'WlY Els.ment . William B~own Sub.
(Stowell - '.M. IO/18/7g) ,
Resolution . Authori:ini City AttoTney to Defend
City in L~wsuit, DAV vs Marine Corp. Lelrue
For Direction Ord. 2039 . 'Amendini Zonina Ord.
(' .K. 9/Z0/79) , ,
For, Direction . O~d. 2044 . Amendini Zonina Aelas
South Greenwood Phase II (P.R. 8/16/19)
Accep~&nce of Eas.ments
Other Commission Ac~ion
Adjoul"lUllent
Trustees of the employees' Pension Plan
a. Membership into ehe Employees'
'enslon Fund
. Adj oUr1Ullen e
.
ACTION
45. Ord. 2032 Adopted.
46. Ord. 2036 Adopted.
47. Ord. 2037 Adopted.
48. Passed and Adopted as Bmergency
OTd. 2048.
49. Ord. 2023 Passed lst 'reading.
SO. Ord. 2024 fassed 1st reading.
.
51. Ord. 2025 Passed 1st reading.
.
52. Ord. 2026 Passed lst reading.
53. Ord. 2041 Pas~ed 1st reading.
I
54., Ord. 2042 Passed lst reading.
55. Ord. 2043 Passed lst reading.
56. Ord. 2045 Passed lst reading.
57. R79.103 Adop~ed.
58. City Clerk directed to advertise
Ord. 2039.
59. City Clerk directed to advertise
Ord. 2044
60. Accepted easement from Sylvan Abbey
for installation and maintenance
of underground utilities in
portion of Sec. 5-29-16.
61. Commissioner DeB1aker requested the
Hearing Officer proposal and com~
ments from the BAA and P&Z Boards
be discussed at the next meeting.
62. Adjournment: 4~21 p.m.
~3. Accepted 4 employees into the
pensJ.on plan.
64. Adjournment: 4:22 p.m.
"
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November 15, 1979
CONSENT AGENDA
Community Impact Statements:
a. Cancer Center, NI Sec. 2l-29S-15E (Morton Plant
Hospital)
b. Clearwater Villas, NEl Sec. l8~29S-l6E (Clearwater
Villas Development Co.)
c. Coachman Road Condominiums, NEl Sec. 7-29S-l6E
(Van McNeel - Polymer International)
, .
Request for Annexation:
,Lot 8, Pinellas Groves Sub.
(Woodley)
swl Sec. lZ-29S-l5E.
Notification of Expirations and Resignations of
Advisory Board Members:
Neighborhood Advisory Committee
Change Orders:
#l and Final
a.
Madison/Williams School Drainage.
b. #1 and Pinal - Japanese Gardens Storm Drainage.
Request for Rezoning and Land Use Plan Amendment:
Portion of Sections
20- 28S-l6B,
Clearwater)
29-28S-16E, 21-Z8S-l6B,
consisting of t140 acres.
and
(City of
')
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