12/06/1979
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CITY COMMISSION MEBTING
December 6, 1979
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The City Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, December 6, 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
~Commissioner Tenney arrived at 10:00 a.m.
Also present were:
Jeffrey E. Butler
Thomas A. Bustin
Andrew Nicholson
David P. Healey
Frank Daniels
Lucille Williams
Acting City Manager
City Attorney
Representing City Engineer
Planning Director
Police Chief
City Clerk
to order. The Pledge of
Daniels. The invocation
Krogmann of St. Paul's
The Mayor called the meeting
Allegiance was led by Chief Frank
was given by the Reverend Richard
Lutheran Church.
ITEM 13 - Introductions and Awards.
A proclamation was issued requesting all Clearwater
citizens to fly the American flag until all 50 American
, hostages are released from Iran.
The Mayor welcomed third grade students from Skycrest
School.
ITEM #4 - Service Pin Awards.
Ten service pins were awarded to City employees.
ITEM IS - Minutes.
Commissioner DeBlaker moved to approve the minutes of
the regular meeting of November 15, 1979, as recorded and as
submitted in written summation by the Clerk to each Commissioner.
Motion was seconded by Commissioner Nunamaker and carried
unanimously.
ITEM 16 - Consent Agenda.
Request for Land Use Plan change from high density resi-
dential to public/semi-public and a Zoning Atlas amend-
ment from RM-20 (high density, multi-family) to ISP
(institutional semi-public). (For referral.) Portion
of M&B 4 in swl of Section'30~28~16. - U.S. Home Corp.
6.2 Land Use Plan Amendments (For referral).
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,a. Low density residential to commercial for Portion
of Lot 2, Mosell Acres. Owners, Jim Johnson and
. <,',David BdmUnds;. Applicant ,Ci tY','of Clearwater ~
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Low density residential to commercial for Portion of
Lot 16, Pinellas Groves, in the SBl of Section 12-29-15.
Owners R. & B. Trowell & J. & I. Trowell; Applicant,
City of Clearwater.
c. Medium density residential to commercial for Portion
of M&B 20-lA in the swl of the Nwl of Section 17-29-16.
Owner, Modern Tool and Die Co. of Florida~ Applicant,
City of Clearwater.
b.
d. Low density residen~ial to public and semi~public for
Lots 8, 9, & 10, Block B-1, Springfield Subdivision '2.
Owners Della Millington & Mattie Sykes; Applicant,
City of Clearwater.
e. Medium density residential to commercial for Portion
of M&B 20-lA in the Nwl of Section 17-29-16. Owner,
Steak n' Ale of Florida, Inc.; Applicant, City of
Clearwater.
f. Low density residential to commercial for the E 165.'2
feet of the S 101.8 feet of Lot 2, Lakewood Subdivision
Replat. Owners, N. & C. D'Angelo; Applicant, City of
Clearwater.
Commissioner DeBlaker moved to accept the Final Consent
Agneda as presented to the Commission. Commissioner Moore
seconded the motion which carried unanimously.
ITEM '7 - Pro~osed Agreement Between the Citr of Clear-
water and Local 1158, International Association of Firefighters,
AFL-CIO.
A two-year agreement has been negotiated with no re-openers.
It provides for a 7.5% increase for fiscal year 1979/80 and 7.0%
for fiscal year 1980/81, an additional holiday, adoption of an
amended vacation schedule, reduction in the amount of overtime
to be paid, and requirement that Emergency Medical Technicians
retain their state certification. It also amends the schedule
for receipt of acting pay, authorizes the City to require
employees to participate in a physical fitness program, deletes
the prohibition against the Appointing Authority' amending the
Civil Service Rules ,and Regulations, and incorporates portions
of the existing Civil Service Rules and Regulations into tl1e
collective bargaining agreement.
Funding will be from the contingency fund. The Acting City
Manager reported it will probably not be necessary to use capital
improvement funds.
Commissioner DeBlaker moved to adopt the proposed Agree-
ment, effective as of October 1, 1979, and that the appropriate
officials be authorized to execute same. Commissioner Nunamaker
seconded the motion which carried unanimously.
ITEM H8 - Performing Arts Center Theater Site Plan
The Commission is being asked to reconsider their action
taken at the October 4, 1979, City Commission meeting. Re-
strictions placed upon the site plan at that time included
Restriction 13 which stated: "There will be no shadow effect
on any homes in DelOra Groves."
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A staff study indicates there will be some shadow effect,
which will occur due to existing vogotation, but those caused
by the apex of the building will be insignificant.
Commissioner DeB1aker moved to reconsider the action taken
on October 4, 1979, on the Performing Arts Center site plan, to
recind that portion which states: IIno shadow effect"; and to
approve the site plan conditional on the fact that there will
be no si~nificant shadow effect on any homes in Del Oro Groves~
and that the appropriate officials be authorized to execute
same. Commissioner Moore seconded the motion which carried
unanimously.
Howard Groth, secretary for PACT, reported there will be
a ground breaking ceremony on December 15, 1979 at 1:00 p.m.
Commissioner DeBlaker moved to pass and adopt Resolution
#79~lOS, commending the City of Largo for their support and
donation to PACT, and to authorize the appropriate officials
to execute same. Commissioner Moore seconded the motion.
Upon roll call the vote was:
"Ayes": DeBlaker, Moore, Nunamaker, and LeCher.
"Nays": None.
Absent: Tenney.
Commissioner Tenney arrived at 10:00 a.m.
ITEM H9 - Water Main Extension to Marla Grove Estates
Subdivision
A Pinellas County water main is nearer to this property
than a City main. However, the area is within the City water
service area and a larger water main service can be provided
by the City. The developer had requested that water service
be provided by Pinellas County, but has agreed to have the
water main installed if the City furnishes the required 8-inch
pipe which will cost approximately $11,000.
Commissioner Moore moved to direct staff to proceed under
applicable purchasing procedures to obtain approximately 1300
feet of 8-inch pipe for a water main extension to the boundary
of the proposed Marla Grove Estates Subdivision, subject to
the deve19per installing the proposed water line, and that the
appropriate officials be authorized to execute same. Commis-
sioner DeB1aker seconded the motion which carried unanimously.
ITEM HI0 - Parks and Recreation Fees.
Increases have been proposed for six established fees.
Establishment of three additional fees for open swimming, Bay
front tennis courts, and City Players are recommended.
Three citizens spoke in opposition to various fees.
Commissioner Tenney moved to approve the increase of fees
for street trees, non-resident recreation cards, softball teams,
basketball teams, volleyball teams, and Camp '0' States; and to
establish fees for open swimming, Bay front tennis courts, and
City, Player productions. Commissioner DeB1aker seconded the
motion.
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Commissioner DeBlaker moved to amend the motion to
establish on a temporary basis, an honor system for donations
at the Bay front tennis courts; and to require advance reserva-
tions for City Player productions but to have no fee. Commis-
sioner Nunamaker seconded the amendment. Upon the vote being
taken on the amendment, it carried unanimously. Upon the vote
being taken on the amended motion, it carried unanimously.
Commission returned to the agenda items to be heard at
10:30 a.m., Resolutions 79-106 and 79-107; and by unanimous
consent, related Item 51, Resolution 79-108.
ITEM - Resolution *79-106 - Advising the Pinellas County
Commission that the City is willing to intervene in tax exemption
~ases pending with the Scientology organization.
Ronald Schultz, Pinellas County Tax Appraiser, expressed
concerns for the wording in Resolution #79~106"as ,it ~ikht
effect current litigation filed by his office.
Commissioner Tenney moved to pass and adopt Resolution
#79-106 and to authorize the appropriate officials to execute
same. Commissioner DeBlaker seconded the motion.
Commissioner DeBlaker moved to amend the third WHEREAS to
read: "WHEREAS, the question exists as to whether or not such
organization is, in fact, a religion; should be raised and
litigated; and." Commissioner Tenney seconded this amendment,
which carried unanimously.
Commissioner DeBlaker moved to add an additional WHEREAS
paragraph between the third and fourth WHEREAS paragraphs, to
state: "WHEREAS, the City of Clearwater is willing to assist
in litigating the questions now presently being litigated."
Commissioner Moore seconded the amendment which carried
unanimously.
Commissioner DeBlaker moved to amend paragraph 3 to in-
clude a copy of the resolution to be sent to the Attorney
General of the State of Florida. Commissioner Moore seconded
the amendment which carried unanimously. Upon roll call, the
vote on the amended resolution was:
"Ayes": DeBlaker, Moore, Nunamaker, Tenney
and LeCher. '
an
"Nays": None.
Commissioner DeBlaker moved to amend the third WHEREAS
from the bottom to read: "WHEREAS, the disclosures demonstrated
by the documents referred to herein 'pose questions with respect
to whether or not organizations engaging in such tactics should
be entitled to any state and federal tax exemptions; and."
Commissioner Nunamaker seconded the amendment which carried
unanimously.
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Commissioner Tenney moved to pass and adopt Resolution
'79-101, as amended, and to authorize the appropriate officials
to execute same. Commissioner DeBlaker seconded the motion.
Upon roll call the vote was:
"Ayes II :
DeBlaker~ Moore, Nunamaker~ Tenney
and LeCher.
"N ays II :
None.
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Commissioner DeBlaker moved to amend Resolution '79-108,
paragraph 3, to include that a copy be sent to the Attorney
General of the State of Florida. Commissioner Nunamaker
seconded the motion which carried unanimously.
Commissioner DeBlaker moved to pass and adopt Resolution
#79-108, as amended, and to authorize the appropriate officials
to execute same. Commissioner Tenney seconded the motion.
Upon roll call the vote was:
"Ayes": DeBlaker, Moore, Nunamaker, Tenney
and LeCher.
"Nays": None.
Commissioner DeBlaker moved the Mayor and/or City Manager,
by letter with copy of resolution attached, request the National
Congress of Cities' support for a congressional investigation;
and also by letter, invite the Attorney General and the Executive
Director of the Florida League of Cities to attend a ,meeting in
Clearwater to hear our concerns and need for their support
relating to state tax laws. Commissioner Nunamaker seconded the
motion.
Commissioner Tenney spoke in support of the motion, but
suggested that the documents first be brought to City Hall and
perused by the City Attorney and copies enclosed with the' letters
to enable the recipients to understand the documents and the
situation. Upon the vote being taken, motion carried unanimously.
Commissioner DeBlaker moved to request the City Attorney
pursue the service fee proposal for police and fire protection,
an alternative to the property tax, by contacting the Florida
League of Cities and the National Congress of Cities for infor-
mation. Commissioner Nunamaker seconded the motion which
carried unanimously. The City Attorney reported that he had
already started an inquiry with the State of Indiana.
Commissioner DeBlaker moved to instruct the City Manager
to send a qualified individual to Washington to secure all
Scientology documents for perusal by all citizens in this area.
Commissioner Nunamaker seconded the motion which carried
unanimously.
Commission recessed for lunch at 11:30 a.m. and reconvened
at 12:40 p.m. Ceci~ Henderson replaced Andy Nicholson at this
time.
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Pubilc Hearings
ITBM 119 - A Public Hesring on Lot Clearing Violations,
List '11.
Complaints of lots needing to be cleared have been in-
vestigated 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 ~1l with 28 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 billings
of the property owners for costs and/or administrative charges
and the appropriate officials be authorized to execute same.
Commissioner Tenney seconded the motion. There were no
objections. Motion carried unanimously.
ITEM H20 - A Public Hearing on Zoning Ap~ea1 from the
Decision of the Board of Adjustment and Appeal on Zoning on
request for special exception to consturct professional offices
on Lots 2 3, & 4, Block 15 Milton Park Subdivision, 819-825
Pine1las ~treet, zoned RM-z6 (high density, mUlti-family). -
Robert Wells. (Continued from 11/15/79.)
The Acting City Manager reported a request had been
received from Dr. Wells to continue this item until the next
meeting.
Commissioner Nunamaker moved to continue Item 20 to
December 20, 1979, at 12:30 p.m., to allow one more continuance.
Commissioner Moore seconded the motion which carried unanimously.
ITEM H 21 - Public Hearings on Requests for Rezoning
U.S. Home Properties:
a. Tracts 49 & 82 in Sections 30, 31 & 32-28-16,
from RM-20 to RM-28 (high density, multi
family). ,
The Planning Director reported the site plan had been
modified and rezoning is not necessary. The developer wishes
to withdraw the request.
Commissioner DeBlaker moved to accept withdrawal of this
request for rezoning. Commissioner Moore seconded the motion.
There were no citizen comments. Motion carried unanimously.
b.
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One hundred & fifteen acres would be preserved for open
space use as a self~supporting public golf course and 20-acres
put out to bids for an industrial site. This recommendation
for the property, will produce tax revenue and minimize the
expenditure of tax revenue and operations and maintenance,
will increase the capacity for spray irrigation at the North-
east Treatment Plant, and will accommodate a major industry.
The proposed sale would be contingent on City-initiated
rezoning of the 20-MOL-acre tract and Pinellas Planning Council's
approval of a Land Use Plan amendment to permit industrial use
of the parcel.
The Mayor reported receipt of a letter from Charles
Pauling, president of Rustlewood Condominium Association, Inc.,
opposing the surplus declaration and change of zoning.
Lloyd Phillips, attorney representing residents of the
area, spoke in opposition and suggested the property be '
developed as residential to increase the tax roll. He cited
concerns of increased traffic and the rezoning of the entire
135 acres into an industrial park. Several citizens spoke in
opposition to the surplus declaration and change of zoning.
The Acting City Manager reported two inquiries had been
received for information on the area in question.
Mike Kenton reported some environmental concerns for the
area, but stated the golf course was the best possible use
for the site and would do minimal damage.
Commissioner DeBlaker moved to amend the bid specifications
to include the clause that the bidders must allow the City an
option to repurchase the property at the fair market value if
the bidder ceases doing business at the site. Commissioner
Nunamaker seconded the motion which carried unanimously.
Commissioner DeBlaker moved to declare the 20-MOL-acre
parcel surplus to the needs of the City, subject to a specific
proposal by the City Manager for the purchase of additional
property at the time of the bids. Commissioner Moore seconded
the motion.
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Commissioner DeBlaker stated for the record that under
Home Rule the City Commission has the right to rezone and/or
dispose of property in the best interest of all its citizens
and there is a need for light, clean industry to diversify the
tax base of the City. Upon the vote being taken, Commissioners
DeBlaker, Moore, and Tenney and the Mayor voted HAye"; Conunis-
sioner Nunamaker voted "Nay." Motion carried.
Commissioner DeBlaker moved to pass and adopt Resolution
#79-109 and to authorize the appropriate officials to execute
same, declaring the 20-acre tract surplus and authorizing its
sale through an advertising and bidding process. Commissioner
Moore seconded the motion. Upon roll call the vote was:
"Ayes": DeBlaker, Moore, Tenney, and LeCher.
"Nays": Nunamaker.
Motion carried.
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Commissioner DeBlaker moved to continue Public Hearing
Items 24 and 25 to 5:15 p.m. as advertised. Commissioner
Moore seconded the motion which carried unanimously.
ITEM '26 - Citizens to be Heard re Items Not on the Agenda~
Richard Althoff requested reimbursement for alleged
prejudice and discrimination by City Officials. He read into
the record a letter dated July 20, 1979, addressed to the
Mayor and presented a paper entitled "In Search of Justice,"
for the record.
Brad Berg stated he was waiting for a reply to a letter
dated September 26, 1979, addressed to the Mayor questioning
responsibility for policing the airport. He also expressed,
concerns for the safety of the residents of the area.
Commission recessed from 2:35 to 2:50 p.m. and Citizens
to be Heard continued.
Murray Fuchs expressed concerns about maintenance at the
airport and reported a plane crashed this day at 1 p.m.
Walter Krick requested the status of an advisory board
member who is appointed to fill an unexpired term.
Commission returned to City Manager Reports.
ITEM *11 - Purchase of Soil Management Program.
Maintenance of proper soil balance and pest control on
golf course greens, fairways, and tees is a problem and a
regular soil analysis program would identify deficiencies
and prescribe treatments.
Commissioner Tenney moved to award a contract to purchase
a 12-month soil management program from Scotts ProTurf, Sarasota,
Florida, for $5,256, and that the appropriate officials be
authorized to execute same. Commissioner Moore seconded the
motion which carried unanimously.
ITEM #12 - Agreement with the School Board of Pinellas
County.
The City leases various school facilities for recreation
programs and some schools use City facilities. A joint use
agreement has been drawn and the facilities are available at
no charge provided the use conforms with regular staff working
hours.
Commissioner Moore moved to approve the joint use agree-
ment between the School Board of Pinellas County and the City
of Clearwater and that the appropriate officials be authorized
to execute same. Commissioner Tenney seconded the motion
which carried unanimOUSly.
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The Pinellas MPO was formed in 1977 to facilitate local
input to the process which allocates state and federal trans.
portation funds, and had 9 members representing the Board of
County Commissioners, St. Petersburg, Clearwater, Largo,
Dunedin. and Pinellas Park.
Governor Graham increased the size of the MPO to 12
members. The transition period for disbanding the 9-member
board and creation of the 12-member board presents problems
with certain contracts and could jeopardize the smooth opera-
tion of the MPO.
Commissioner Nunamaker moved to pass and adopt Resolution
#79-110 and to authorize the appropriate officials to execute
same., Commissioner DeBlaker seconded the motion. Upon roll
call the vote was:
"Ayestl: DeBlaker, Moore, Nunamaker, Tenney,
and LeCher.
"Naystl: None.
Commissioner Nunamaker moved to reappoint Commissioner
Karleen DeBlaker to serve as the City's representative on the
MPO. Commissioner Tenney seconded the motion which carried
unanimously.
Commissioner Moore moved to approve the Interlocal Agree-
ment between the MFO and the City of Clearwater and that the
appropriate officials be authorized to execute same. Commis.
sioner DeBlaker seconded the motion which carried unanimously.
ITEM #14 - Request for one-year extension" of Special Ex-,
ce tion on Part of Lots 5 & 6 Mosell Acres Subdivision, to
operate a mac lne s op 1n a general USlness zone. - assett
Tool & Machine.
The City Commission granted a request for a special
exception to operate a machine shop in September, 1978, for
a period of 1 year for this property located 150 feet north
of Drew Street on the west side of Belcher Road.
The applicant is constructing a building at 1961 Grand
Avenue. Legal difficulties with the completion of the new
building' have prevented the applicant from vacating the present
facility.' The request is for an extension of time to resolve
the legal difficulties.
Commissioner Nunamaker moved to approve a one-year
extension of'the time limitation applicable to the special
,exception on subject property from its original expiration,
to October 1, 1980, and that the appropriate officials be
authorized,to execute same. Commissioner Moore seconded the
motion which carried unanimously.
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ITEM '15 - Appointment to Neighborhood Advisory Committee.
Commissioner DeB1aker moved to appoint Molly Stephenson
to the Neighborhood Advisory Committee. Commissioner Tenney
seconded the motion which carried unanimously.
ITEM '16 - Home Federal Savings & Loan Site Plan Recon-
sideration - Northwood Office. Part of Tract 8-2 in the sWJ
of Section 28-28-16.
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The site plan for the Home Federal S&L at Landmark Drive
and Enterprise Road was approved by the City Commission on
November 15, 1979, subject to relocation of the eastern drive-
way, to the property line. Subsequently, the Traffic Engineer
has: recommended the driveway not be placed on the property line
but kept separate from the future driveway of the undeveloped
site to the east in order to avoid problems with the drive-in
window operation.
Commissioner DeBlaker moved to reconsider the location
of the eastern driveway to this site and to approve the
original site plan as presented, and that the appropriate officials
be authorized to execute same. Commissioner Tenney seconded the
motion which carried unanimously.
ITEM #17 -Bids:
Commissioner Tenney moved to consider the bids collec-
tively. Commissioner Nunamaker ,seconded the motion which carried
unanimously.
a. One hydraulic pump - 3 bids & 4 no bids.
Lowest responsive and responsible bid,
Mac Pump Co., Inc., Fort Myers, $18,500.00.
q. Federal Signal Light/Sound Equipment for
Police Cruisers - Low bid, Security Supply,
Inc., Tampa, $10,452.36 f~o.b. Clearwater.
c. Common Bermuda and Argentina Bahia Sod -
2 bids,' low bid, High Point Nursery, Clear-
water. Bermuda, 72,000 square feet at
.145/sq. ft. and Bahia, 78,000 square feet
.10/sq. ft.
d. One (1) White Road Boss Truck Tractor 4x6 -
3 bids, low bid, Hunt Truck Sales, Tampa,
$26,966.00.
e. 1979 Aerial Photograph Contract - 2 bids,
low bid, Hamrick Aerial Surveys. Clearwater,
$8,010.00.
Commissioner Tenney moved upon the recommendation of the
City Manager to award contracts for Items 17-a through e 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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12/6/79.,
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ITBM '18 - Verbal Re~orts and Other Pending Matters.
Lots 1 & 2. Alfred Ennis Subdivision.
This agreement with a 40 month time frame contained a
reverter clause to insure the property would not be used for
speculative purposes. The property has changed ownership
several times and the effective date of the time frame has
been questioned. ' The intended purchasers have an approved
construction loan and plan to apply for a building permit
immediately.
Commissioner Nunamaker ~oved to establish January 3, 1980,
as the last day for issuance of a building permit; and to
authorize conveying the property to Mr. and Mrs. Sidney Odums;
and that the appropriate officials be authorized to execute
same. Commissioner Moore seconded the motion which carried
unanimously.
Commission proceeded to City Attorney Reports.
Commissioner DeB1aker moved to amend Ordinance '1988 as
follows:
1. Section 2 (D) (3) to read:
"Upon prior approval by the City Manager, those to
be used for religious purposes for a period not to
exceed 8 consecutive days at anyone site or premise."
2. Add new subsection (8) under Section 2 (D) to read:
"Upon submission and approval of the preliminary site
plan by the City Commission, the Building Inspection
Department may issue a temporary portable building
permit for a temporary portable building to be erected
on the site to be used as a sales or model display
office for the project for which the preliminary site
plan was approved. Location of the temporary portable
building on the site shall be determined by the Building
Inspection Department using the setback line as a guide
and such location shall be specified on the temporary
permit. The permit shall be issued for a time period
consistent with Section 504.1 (b) of the Code of
Ordinances of the City of Clearwater. Such permit
shall automatically expire at the end of the time
period provided in Section 504.1 (b) or upon completion
of the first unit to be used as a sales office or model
whichever event occurs first."
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3. Snction 4, Section 504.1 (b) to read:
"(1?) Duration of Permit - Except in the case of a
temporary building to be used as a sales or model
display office, all other temporary portable building,
permits will be,issued for a temporary or portable
building as is determined appropriate by the Building
Director, such period of time not to exceed 120 days.
The building permit for a temporary sales or model
display office shall be issued for a period of 180
days and can be extended for 3 consecutive periods
of 180 days upon due cause being shown at the dis-
cretion of the Building Director. All other temporary
permits may be extended for up to 2 additional periods
of 120 days each, upon due cause shown, at the dis-
cretion of the Building Director."
4. Section 2 (c), line 3:
~elete the word "purchase" and insert the word
"purpose."
Commissioner Nunamaker seconded the motion which carried
unanimously.
The City Attorney presented Ordinance #1988, as amended, for
second reading and stated he would read by title only unless
there was a request to read in its entirety. The Ordinance
was read by title only. Commissioner DeBlaker moved to pass ,
and adopt Ordinance #1988, as amended, 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.
IINays" :
None.
- Annexing
Robert J.
The City Attorney presented Ordinance #2023 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 DeBalker moved to pass and adopt
Ordinance #2023 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:
nAyes":
DeBlaker, Moore, Nunamaker, Tenney,
and LeCher.
"Nays":
None.
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Ordinance ~2024 - Zonin
The City Attorney presented Ordinance #2024 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 Moore moved to pass and adopt I'
Ordinance '2024 on second and final reading and to authorize
the appropriate officials to execute same. Commissioner
DeBlaker seconded the motion. Upon roll call the vote was:
"Ayes ": DeBlaker ~ Moore, Nunamaker t Tenney',
and LeCher.
"Nays": None.
The City Attorney presented Ordinance "2025 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 Moore moved to pass and adopt ,-
Ordinance '2025 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.
ITEM #31 - Second Reading, Ordinance #2026 - Zoning Property
Annexed in Ordinance ~202S.
The City Attorney presented 'Ordinance #2026 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 "2026 on second and final reading and to authorize
the appropriate officials to execute same. Cmnmissioner
Nunamaker seconded the motion. Upon roll call the vote was:
"Ayes": DeBlaker, Moore, Nunamaker, Tenney,
and LeCher.
HNaysU: None.
Commissioner DeBlaker moved to amend the legal description
to read "Forrest Hill Estates Unit 4." Commissioner Moore
seconded the motion which carried unanimously.
12/6/79 ,
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The ordinance was read by title only. Commissioner Tenney
moved that Ordinance '2053, as amended, be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon roll'
call the vote was:
HAyes":
DeBlaker, Moore, Nunamaker, Tenney,
and LeCher.
fiN ays II :
None.
ITEM
Commissioner DeBlaker moved that Ordinances #2034 thru
2052 (Items 38 thru 44) be read and considered by title only
on the first reading by the unanimous consent of the Commis-
sion. Motion was seconded by Commissioner Moore and carried
unanimously.
The ordinance was read by title only. Commissioner
Nunamaker moved that Ordinance #2034 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.
Ordinance #2035 - Zonin
The ordinance was read by title only. Commissioner
DeBlaker moved that Ordinance #2035 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.
"N ays II :
None.
ordinance was read by title only" Commissioner
moved that Ordinance #2048 be passed on its first
Motion was seconded by Commissioner Tenney. Upon
the vote was:
The
DeBlaker
reading.
roll call
"Ayes": DeBlaker, Moore, Nunamaker, Tenney,
and LeCher.
"Nays II : None.
_. 1I."..J.
<8
.
She questioned the feasibility of leased public purposes
properties being taxed (e.g., airport, golf park). The City
Attorney responded and quoted Florida,StatutcsSection 196.012,
Definitions, and Section 196.199, Exemptions. In his opinion,
the wording does not allow, for the taxing of those two leased
properties.
Commissioner Tenney
Requested permission as a private citizen, to rent Jack
Russell Stadium for a IIPreedom for Religion Rally" at 3 p.m.,
December 15, 1979. Commissioner Moore moved to approve the
request. Commissioner Tenney seconded the motion which
carried unanimously.
Commissioner Nunamaker expressed concerns for a second
rally and what it would accomplish. He commended the City
staff for thei~,help prior to the first rally and stated he
was forming a committee composed of responsible citizens to
discuss-proper procedures and/or legal actions regarding the
Scientologists. A member of the State Attorney's Office and
various state officials would be invited. A meeting of this
committee will be scheduled early in the new year.
'Commissioner Tenney left at 4:20 p.m.
Mayor LeCher
Expressed concern about citizens rece1v1ng overtime parking
tickets in the Osceola Avenue City Hall lot, while attending
Commission meetings. This lot is subsidized by the merchants to
encourage shopping and development of the Downtown area.
He reported Safety Village may be returned to the City as
it is too expensive for the Women's Club to continue to operate.
Commission consensus was the City Manager research the issue
and make a recommendation.
The Mayor and Commissioners DeBlaker and Moore reported
on the Congress of Cities meeting held in the latter part of
November in Las Vegas, with a written report to follow.
The Mayor' reported a letter from Nagano requesting an
exchange of teachers and students for various time frames, to
promote mutual understanding.
The meeting recessed at 4:35 p.m. and resumed at 5:15 p.m.
Commissi'oners Moore and Nunamaker were not present.
Commissioner Tenney returned at 5:15 p.m.
','.
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Charles Finton requested clarification of Ordinanc'e . '
*2038, Section 2, ,Section 35.08, Nonconforming uses~ Intent.
subparagraph (c) (3), which relates to any nonconforming',: ,
structures. 'He questioned whether. this paragraph referred to
utility buildings. Commissioner DeBlaker questioned the cost
of:enforc~ment of this ordinance as it relates to utilitj'
b~ildings and a report was requested of the City Manager.
Commissioner DeBlaker moved that Ordinance #2038 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.
Commissione:r De Blaker moved to delete the word "(optional)"
from the end of Section 2 (d) (7). Commissioner Tenney sec-
onded the motion which carried unanimously.
, Commissioner DeBlaker moved that Ordinance #2038. as
amended, be passed on first reading. Motion was 'seconded by
Commissioner Tenney. Upon roll call the vote was:
IlAyes": DeBlaker, Tenney and LeCher.
"Nays": None.
Absent: Moore and Nunamaker.
ITEM #53 - The meeting adjourned at 5:30 p.m.
Mayor-Commissioner
Attest:
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C~,~y Clerk" i"
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P.EVl SED FINAL
mH
y Commission Meetinl . December 6, 197;
ACTION
9t30e
Requested Chanae to Appendix A. %onini Code of
Ordinances Article II. par.rraph SO, and
Article L~. Sec. 35.0B (City)
Fir~t Readini - Ord. 2038 - See Above (5:15 p.m.)
26.
Cltitens to be Heard Te Items Not on the Aienda
1.. PI.dae of Alleriance
2 Invocation
3. Introductions and Awards
4. S.rvice Pin Awards (9:30 a.~.)
S. Ci~ C01ll!lislion Minuus of Regular Meetini of
November 1St 1979.
City Manaier Re~orts
6. Consent Arenda _ _' _' - .
ITEM -'Resolution5~e He.r~0:30 a....
1. AdviSlnl County COmmi,ssion that City is
Willinl to Intervene in Tax Exemption Cases
Pendlnl with ScientololY Oraani%ation
2. Requestlna ConlTesl to Conduct an lnvesei-
aation of the Church of Sctentololr as its
Op.ratioas R.late to City and Pinellas. CQunty
1. IAFP"Apoellllent
B. PACT Site. Plan_._~__. _~__"". ' _ .'
9. Water Main ~xtenslon to Marla Grove Bstates Sub.
10. Parks and Recie.tion Fe.s
11. Purcha,e of Soil Manalement Proiram
12. Agreement with the School Board of Pinellas
County
13. Rotainina Exi,tina Structure of tho Metropolitan
Plannina Oraani%ation (MPO)
14. Reques~ for Extension of Special Exception on
part of Lots 5 4 6, MoselI Acres Sub. (B&sse~t
Tool & Machine)
15. Appointmen~ of NeiahboThood Advisory Colllll1ittee
Member . .
16. Home Federal Site Plan Recon5ideration
17. Bids;
.. .Hydraulic Pump .
b. Federal Sirnal Liiht/Sound Equipment for
Police Cruisers
c. Common Be~. and Arientine Bahia Sod
d. Truek Tr&e~OT 4x6
e. Aerial Photos
18. Verbal Reports and Other Pendinl Matters
. a. Lots 1 a 2. Alfred Ennis Subdivision
Public HeaTinis
1%:30 ,.m.
19.
ZO. .
21.
Lot Clnrini Violuious - List III
(Continued) Zenina'Appeal ~ Wells
Requests for Rezonina:
.1 Tracts U 6 82. Countryside,. in Sec.
30/3i/32-Z8-l6. Prom RM-20 to RH-ZS
(U.S. Home)
.2 Tract 21. Phase II CountrySide in Sec.
29-Z8-16. From RM-Z4 to RM-12. (U.S. Home)
Request for Annexation:
.. Lot 8. Pinellas Groves Sub. in Sec.
12-29-15. (Woodley) .
Surplus PTO~eTty - pt of Sec. 21-28-16 and pt
of Sec. 20-28-16 (McMullen Booth Road)
22.
23.
24.
ZS.
!6.
.,-
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'City Attorney Re~O~5
(Continued) Second Readini - Ord. 1988 - 'Amendini
Zonini Ord. to Provide Definition of Portable
Buildini a Amendin, Building Code to Conform
Second Readini - Ord. 2023 - Annexing Lot 6. Blk
B. Doualas Manor Lalce Sub. Ola~t:Y.P.H. 9!Z0179)
Z8.
.......
:.. ~." ~
1. Chief Frank Daniels.
2. Reverend Richard Krogrnann - St.
Paul's Lutheran Church.
. 3. Proclamation requesting ull Clwtr.
citizens fly American flag until
all 50 American hostages are
released from Iron.
4. 10 Service Pins Awarded.
5. Approved.
6. Accepted. '
ITEM - R79-106 Adopted as amended.
R79-107 Adopted as amended.
7. Approved.
8. Ap~roved. Adopted R79-10S. Commends
C1ty of Largo for PACT Donation. '
9. Approved.
10. Approved as amended.
11. Awarded contract to Scotts ProTurf,
Sarasota - $5,256.
12. Approved joint use program.
13. R79-1l0 Requesting Governor retain
existing MPO. Commissioner
DeB1aker reappointed to MPO.
Approved inter1oca! agreement
between City and MPO. .
14. Approved extension to 10/1/80.
15. Appointed Molly Stephenson.
16. Reconsidered location of driveway.
Approved original site plan
location.
17. a thru eapproved collectively.
18. Established 1/3/80 as,last day to
issue building permit.
19. Authorized clearance of properties
and billing of owners.
20. Continued to 12/20/79.
21. a. Accepted withdrawal request.
b. Approved RM-12 zoning.
22. Approved PS zoning, FD H1, subject
to ROWand easements acq~isitioris.
23. R79-109 Declared certain 20-acre
Tract.W of McMullen Booth Rd.
surplus and authorized sale
through bid process and amended
bid specifications.
24. Received citizen comments on
utility buildings as non-
conforming structures and
discussed enforcement.
25. Ord. 2038 Passed 1st reading
as amended.
Richard Althoff - Requested
reimbursement for alleged
prejudice and discrimination by
City officials.
Brad Berg - Airport questions still
unanswered.
Murray Fuchs - Concerned about
maintenance at Executive Airport
and reported tragic'plane crash
this day at 1:00 p.m.
27. Ord. 1988 Adopted as amended.
28. Ord. 2023 Adopted. .
"
1~/6/79
REVI SED
PINAL AGENDA
- December 6t 1979 g:30
ACTION
.
a.lIl. ~
.!m!
29. Ord. 2024 Adopted.
30. Ord. 2025 Adopted.
Zg. Second Readinl - ard. 2024 - Zoninl Property
Annexed in Ord. 2023
30. Seco~d Readinl ~ Ort. %025 - Annexindl Lolct lp3tH
Pine Dell Sub. Lei' Trianl1e (Cra doc - ..
. .' gL10179'
51. Second ~..o:Linl ~ art. ~Q26 - Ionine PTope~y
Annexed in Ord. 2025
Second Readinl - Ord. 2041 - Amendinl Sec. 4-18
re Alcoholic Beverales to Enact New Zone 111
(Copper Pox South - P.H. 10/18/79)
33. Second Rudin. . Ord. 2042 - Vacninl TrhniUlar 33. Ord. 2042 Adopted.
Portion of Hendricks St. in Gould 6 Ewin, 1st
Addition (City - P.H. 10/18/79)
!4. Second Rudina - Ord. 2043 . Vacatini Euement in 34. Ord. 2043 A~opted.
Hibiscus Gardens Sub. (Elwood HOlan, Jr.
. Trustee - P.H. 10/18/79)
~S. aesolution: ~uthorizinl CitY Attorney to Seek
-Declaratory Judrment to ~certain Authoriry of
City Collllllission to Vacate a Certain Ea.sement
36. Second Readina - Ord. 2045 - Vacatin, a Portion
of a Riiht-of-Way Easement - Will!&IIl Brown Sub. 37. Ord. 2053 Passed 1st reading
(Stowell - P .H. 113/18/79) as amended.
37. Emerlener Passale - Ord. 2053 . Amendinl Art.
XVIII of Zoninl Code to Provide for Planned
Recreational Industrial D1snic't 38. Ord. 2034 Passed 1st reading.
38. Pirlt Readin, - Ord. 2034 - Annexinl a Portion of
NW1 of Sec. 17-29~16 (Steak 6 Ale of Florida -
P.H. 10/4/79)
39. Firs~ Readin, - Ord. 2035 - Zonina Property
Annexed ix1 Ord. 2034 40. Ord. 2048 Passed 1st reading.
~O. Pirst Readinl - Ox-d. 2048 - Amendini Sec. 8-54 re
~~~c};~n~Q~:lRg~~t~: Board,Melllbers eo Resian to 41. 01'd. 2049 Passed 1st reading.
41. First Re_dipa - Ord. 2049 - Amendin, Chapeer 2,
Administra~ion. to enact new Artiele lA
relatini to Travel
42. First Readin, - Orli. 2050 - Amendina Sec. 4-18 of
Code TO Alcoholic Bevenie!! to Suct. Now Zone 43. Ord. 2051 Passed 1st reading.
40 (Snyder - 1400 Cleveland St.)
43. First Rudinl . Ord. 1051 . Amendinl See. 4-18 of 44'. Ord. 2052 Passed ls't reading.
Code ro Alcoholic Beveraaes to Enact New Zone
, 41 (Northwood Plaza - Rutenbera Carp.)
44. First Readinl ~ Ord. ~052 - AIIlendinl Chapter 14
of Code to Prohibit JUIIlpina, Divina from
Bridlel, Piers, or Seawalls or 51 tdni on 46 R79 112 Ad t d
raUini of p lers, bridles, or seawalls and use . - op e .
of wheeled vehlcles an public pier
45. Resolution. Extendina Condolences to Family of
Taver BaylY
.t6. Resolution. Requestlnr Pinellas County to Abate 48. R79 -114 Adopted.
Taxes on Property Recently Purchased for
Public Purpos.,
47. R05olution ~ Authori:inl City At'torney to Defend 49. R79-l15 Adopted.
City in LitiS.tion of First National Bank VS.
Heaton
48. Resolution - Authori:ina City Attorney to Defend 50. R79-ll6 Adopted.
City in Litiiation of Pinellas County, Florida
vs. City of Belleair Beach. et al
4g. Resolution - Assessinl Property OWners the Cost
for Lot Mowinr .
SO. Resolution - Authori~ini City Attorney to Defend
City in Case of Mooret et al vs. Japanese
Garden Mobile Estates. Iuc.
51. Resolution. Requesting Leaislative Deleiation to
Support Revision of Real Property Tax Laws as
Same Relate to exemptions
31. OTd. 2026 Adopted.
32. Ord. 2041 Adopted as amended.
35. R79-11l Adopted.
36. Ord. 2045 Continued indefinitely.
39. Ord. 2035 Passed 1st reading.
42. Ord. 2050 Passed 1st reading.
45. R79-l04 Adopted.
47. R79-1l3 Adopted.
52.
Other Commission Action
Adjoununent
51. R79-108 Adopted as amended.
52. Other Commission Action:
"
Commissioner DeB1aker
Expressed concerns about Solid
Waste Disposal Plan. Requested
.enclave annexation legislation
be researched by City Attorney
and feasibility of Resolution to
tax leased properties such as
Golf Park and Air Park.
53.
52. Continued.
Mayor
Discussed overtime parking tickets
in City Hall parking lot. Operation
of Safety Village may be returned
to City. He noted a letter from
Nagano relating to teacher and
student exchanges.
Commissioners DeBlaker, Moore, and the
MayoT repoTted.on the Congress of Cities
Conference held in' Las Vegas November
,24-thru 27th, ,1979.
'. . .
.)::ii.;,::~~,L'~~,'~~~,ss~~..,:,~:~S p.m., ~ reconvened 5:15 p.m.
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~:t~:;~~~::~~t)~'~i~~.~;:.t.~l~:?r;~~~~:~,;,~~,';j.~.:':/~,,;:~~~.~;.>..::~.;~.~:. '::. :::.:~.'., T .Ie... .. " .. . .
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.~\; ""~~~.lJ~1.'(~~;J}i""';lJ.~"1:t~,''':'~j.:~''\'~'~f:r..~t' '.~~:'i':":.'.>"':"'" :'''". c'. C!j', ., ., "', .
ik'1~~ ~".:"~;;iJIJ.""~ ",,:.\f:l!;k~:)"~'jrr"';~rct~.L~r ".)~J.'i..e"":".~I~.~~.",~\a,"''''.'-l' .....:J.~ ,..' "T'~ _l ~ '. o. . .....:,
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.Commissioner Tenney
Requested use of Jack Russe1~
Stadium for Anti-Scientology
ral~y 12/15/79 at 3 p.m. Approved.
Commissioner Nunamaker
Commended Staff for help while
Mayor and 2 Commissioners were
away from City. A committee
will be formed to hold a meeting
early next year to discuss
alternative actions that may be
taken against the Church of
Scientology.
12/6/79
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December 6, 1979
FINAL
CONSENT AGENDA
, \
Request for Land Use Plan Change From High Density
Residential to Public/Semi-Public and Zoning Atlas
Amendment from RM-20 to ISP (U.S. Home) (For Referral)
Land Use Plan Amendment (For Referral):
a. From Low Density Residential to Commercial for
a Portion of Lot 2, Mosell Acres (City)
b.From Low Density Residential to CommeTcial fOT
a Portion of Sec. 12-29~15 (City)
c. From Medium Density Residential to Commercial
for a Portion of Sec. 17-29-16 (City)
d. From Low Density Residential to Public/Semi-Public
for Lots 8, 9, & 10, Blk 1. Springfield Sub. No. 2
(Ci ty)
e. From. Medium Density Residential to Commercial
for a Portion of Sec. 17-29~l6 (City)
f. From, Low Density Residential to Commercial for
a part of Lot 2, Lakewood Replat (City)
.-
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