03/20/1980
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cfTY -- cOMMISSfON --MEET iNG
Ha~ch 20,! 1980
The City' Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, March 20, '1980,
at 9:30 a.m., with the fOllowinr.,members present:
.< Charles F. LeCher Mayor/Commissioner
William Nunamaker Vice-MaY~T/Commissioner .,
~Richard B. Tenney Commissioner
Marvin Moore Commissioner
Rita Garvey Commissioner
~Commissioner Tenney arrived at 9:40 a.m.
Also present were:
Anthony L. Shoemaker
Thomas A. Bustin
Max Battle
David P. Healey
Frank Daniels
Lucille Williams
City Manager
City Attorney
City Engineer
Planning Director
Police Chief
City Clerk
The Mayor called the meeting to order. The Pledge of
Allegiance was led by Bonnie Harding. The invocation was
offered by Chief Daniels.
ITEM #3 - Introductions and Awards.
Proclamations were issued declaring 1980 as the "Year of
the Coast' in Clearwater"; March 21 to April 13, 1980, as
"Artsurge Days in Clearwater"; and March 20 to 22, 1980, as
"Kiwanis Peanut Days in Clearwater."
ITEM n4 - Service Awards.
Eight service pins were awarded to City employees.
Paul Kane, retired Public Service Director, was presented
a ring for over 40 years of service.
Employee of the Month of March is Carolyn Voght of the
City Manager's Office.
ITEM ns - Minutes.
Commissioner Nunamaker moved to approve the minutes of
the regular meeting of March 6_ 1980, as recorded and as sub-
mitted in written summation by the Clerk to each Commissioner.
Motion was seconded by Commissioner Garvey and carried unani~
mausly.
ITEM #6 - Consent Agenda.
6-a Change Orders: (For approval.)
.1
1#1, ,Water System Instrumentation & Control, increas-
ing Bristol Division of Acco Industries Inc. contract
$3,562;00 for adding certain items of work beneficial
to the project but not included in the original de-
sign. Total present contract, $331,595.00. ..'
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ITBM 114 w Name Designation for Librar.y' Project.
The City Commission had established policy that public
.' facilities may only be named after deceased prominent citizens
(Resolution 75w137). However, in recognition of the outstand-
ing generosity of William and Blizabeth Adler for a $500,000
donation toward the construction of a greatly expanded library
for the City of Clearwater, staff recommends that this policy
be waived.
Commissioner Garvey moved, to approve an, exception to
Resolution 175-137 to name the current Clearwater Public
Library construction effort "The William and Elizabeth Adler
Addition to the Clearwater Public Library.',' Commissioner'
Moore seconded the motion. Commissioner Tenney spoke in
support of naming facilities for living citizens. Commissioner
Garvey suggested the Historical Committee do the background
work and make recommendations to the Commission. Upon the
vote being taken, motion carried unanimOUSly.
ITBM #15 - Proposed Settlement of Field Construction
Associates, Inc. v. City of Clearwater, Circuit Civil No.
7S-81Z9-~9 (~n 5-Z9-15).
A master plan for development by Field Construction
Associates, Inc. for property on Island Estates, was approved
in 1973., The allowable density was 34 units per acre. Two
of the buildings were constructed, of the proposed 7-bui1ding
development. When the City adopted Ordinance 1556 which
rezoned property designated CTF-34 to CTF-28, the developer
filed suit to permit development based upon the master plan
approval and further sought a judicial decree tobe grand fathered
in. Field Construction received a favorable decision from the
court. The City appealed and the decision was reversed and
remanded to the Circuit Court for a trial on the merits.
In the meantime, the City and Field Construction As~
sociates have negotiated a proposed settlement to resolve
the issues in litigation. The settlement provides for . ,_
potential construction of the remaining 352 units allowed under
the original master plan, providing all other aspects of the
City Code of Ordinances are met with the specific exception
for building height of 85 feet rather than 80 feet and a park-
ing ratio of 1.25 spaces per unit rather than 2. The result-
ant density will be 28.2 units per gross acre. In return for
this density, the developer will meet all significant code
requirements such as waterfront vista, building separation,
and electrical, plumbing and fire codes.
Commissioner Moore moved to approve the settlement
agreement with Field Construction Associates, Inc. in full
and complete settlement of the litigation, and that the
appropriate officials be authorized to execute same. Com-
missioner Garvey seconded the motion. '
Two citizens spoke in opposition, citing the many
violations by the developer in previous construction and
that the new construction would create parking problems.
They also reported Field Construction Associates, Inc. had
gone into bankruptcy. Attorney Michael Hastings, representing
the developer, stated the name of Field Construction Assoc~:
iates, Inc. had been changed to Island Point Land CompanY~
Martin W. Field was 'still president and the officers all
remained the same. There had only been a change of corpor-
ationname. The ,City Attorney stated the issue is the
settlem~nt agreementw-a change of name will not affect that.
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The residents of Owen Drive spoke in support of an
alternative route, citing concerns about traffic, trosh, and
police problems.
Commissioner Nunamaker moved to pass and adopt Resolution
'80-35, to approve the conceptual site plan with alternative
access proposals and costs researched and presented to the
Commission; and to authorize the npprop~iatc officinls ,
to execute same. Commissioner Garvey seconded the motion.
Upon roll call the vote was:
"Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher.
"Nays": None.
Commission recessed for lunch at 12:15 and reconvened at
12:45 p.m. Cecil Henderson replaced Max Battle.
Public Hearings
Items 16 and 19 with Resolution H80~36 were considered
together as related items.
ITEM #16 - Satisfaction of Site Plan Conditions for the
Holiday Inn 1n the NWt of Section 8-Z9~lS. W. B. Johnson
ProperI1es, Inc.;
AND
The City Manager recommended the Commission adopt the
resolution with the condition of the exchange"that the
development rights for the proposed Holiday Inn be granted at
the previously established density and the exchanges of prop-
erty will not affect the density previously agreed upon. The
City-owned property was not included in previously established
density considerations. However, the developer has expressed
concerns that the loss of the 3 parcels that estabiished
density originally, could 'affect', the..,.densi ty.
The City Manager also reported the following conditions
attached to the Holiday Inn site plan had been satisfied but
needed Commission approval: 1. A letter to the State of Florida
Department of Natural Resources, advising a building permit
has been issued for this property and requesting a response
within.S working days if the State has a claim to the accreted
land. A response was received in which they state they have
no claim to the property at the present time. 2. ,The transfer
and exchange of the property to be so indicated on the site plan.
The documents relating to the exchange will be placed in escrow
within'a 30-day period after issuance of the building permit,
until a certificate of occupancy is issued. 3. Receipt of a
document assuring ,the public beach would remain available to
the public indefinitely. The access agreement has been pre-
pared and approved by the City Attorney. The conditions
cited by the Commission for' approval of the site plan have been
met and he, recommended the Commission proceed to adopt the
,resolution, an~ exchange the property.
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Torbin Williams, attorney representing Johnson Properties,
st~ted they were in agreement on the escrow documents.
Commissioner Tenney expressed concerns that the City of
Clearwater was not receiving anything for the IOx7S~foot strip
as the developer had agreed to give the City the easements when
the site plan was approved. Considerable di~cussion ensued
on the exchange of the property and the giving away of public
property that ends at the water, in violation of the Charter.
The City Attorney reported the property had originally been
acquired for groin purposes. Under the escrow agreements
the developer will deed the property to the City instead of
just providing an easement to the City. The City's land
which is being exchanged, will remain open for public access.
Two ~itizens spoke in opposition and one in support of
the exchange~
ITEM H1.9 - Commissioner Nunamaker moved to pass and adopt
Resolution "80-36 and to authorize the appropriate officials
to execute same. Commissioner Garvey seconded the motion.
Upon roll call the vote was:
nAyes": Garvey, Moore, Nunamaker and LeCher.
"Nays": Tenney
Motion carried.
ITEM #16 The City Manager reviewed the conditions of
the site plan that have been satisfied.
There were no citizens to speak.
Commissioner Garvey moved to approve the fallowing in
satisfaction of the conditions set forth relative to approval
of the Holiday Inn Site Plan: 1)' agreement to assure public
access/use; 2) elim1nation of condition 1 with respect to
property exchange. 3) provision for escrow agreement to be
prepared and the deeds placed in escrow within 30 days, sub~.
ject to exchange of deeds occurring upon issuance of the
Certificate of Occupancy; and that a survey be made a part
'of the site plan to show dedication of the parcels of property
to the City; and to authorize the appropriate officials to
execute same. Commissioner Nunamaker seconded the motion
which carried unanimously.
Commission recessed from 2:10 to 2:20 p.m.
Upon reconvening, the Mayor announced the Holiday Inn
will donate to PACT, the sum of approximately $43,000, which
is the value of the City~owned property that was exchanged.
ITEM H20 - A Public Hearing to Consider Appeal from the
Decision of the Board of Adjustment and Appeal on Zoning on
request for variances to construct a swimming pool enclosure
and a 6-foot fence on Lot 7, Block G, Tract F, Northwood
Estates, zoned RS~60 (single family residential). 2547
Deer Run East. Fincher Construction Company.
The applicant has requested 2 variances, a variance of
10 feet 4 inches from the required 2S-foot setback from the
street right~of-way to allow construction of a swimming pool
and enclosure with a 14-foot 8~inchsetback; and a variance
.to construct a 6-foot fence. Both requests were denied by
the Board of Adjustment and Appeal on Zoning on February 14,
1980.
.: W. Thompson Thorn, III, at~orney representing the appli~
'_, .' ",'" , ',.cant, stated the. property fronts on 3 streets which, under
,:', <J;' '.".,:the,. Code;' require, 11 2S-foot setback on each street, and this
;,(':i;',.';:,,~,\,"c.-:'>'.: ':;-,;. ,is " a ,hard~h~p~" "The fenc'e will be constructed to protect the
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ITBM 1123 ~ CDBG ~ Public Hearing ~ CHA Land Acquisition.
CDBG funds in the amount of $200,000 for acquistion of
land was made available to the Clearwater Housing Authority
in March, 1979. They have been unable to purchase land and now
request permission to use some of the funds to aCQuire two
individually owned units at Chesapeake Villas and'a feasibility
study to be eligible for federally funded programs.
The time limitations imposed by the original, agreement
are requested to be extended to the end of the current fiscal
,,' and program year.
Robert Levi$on. Chairman of the Housing Authority, stated
they request use of up to $60,000 for the appraisal, the
purchase of the two units, and relocation costs for the two
owners.
Lois Cormier spoke in opposition to spending mOTe money
on Chesapeake Villas.
Commissioner Moore moved to approve the Clearwater Housing
Authority proceed with the engineering study and an appraisal,
and City staff to research alternatives, and the present '
agreement between the City and the Housing Authority be extend-
ed, and that the appropriate officials be authorized to
execute same. Commissioner Garvey seconded the motion. Upon
the vote being taken, Commissioners Garvey, Nunamaker and
Moore and the Mayor voted "Aye"; Commissioner Tenney voted
"Nay. " Motion carried.
ITEM #24 - CDBG Public Hearing - Budget Amendments.
Fifth Year CDBG Project Budget was prepared with recom-
mended costs derived from staff estimates. Upon cqmpletion of.
engineering, field and design work, it became necessary to,.' ,'-"
increase funding for'certain projects to ensure their timely
completion as required by HUD regulations. Significant
changes in the amended budget include _ an inc:rease' 'in the South
Phase III Project from $132.500 to $310,000, increase in Condon
Paving and Subdrain Project from $65,000 to $135,000, and a
decrease in the Rehabilitation Loan Program from $405,000 to
$280,000. The Contingencies Fund will be reduced from
$64,000 to $24,280.
Lois Cormier spoke in support of spending CDBG funds for
paving Hamlet Avenue and liD" Street, which is currently
scheduled to be an assessment project at $27 a front foot.
This area is considered a blighted area and mainly commercial
with little residential use.
Commissioner Tenney moved to approve the CDBG amended
budget and to authorize the City Manager to submit to the
U.S. Department of Housing & Urban Development such amendments
as may be required to effectuate the program changes, and that
the appropriate officals be authorized to execute same.
Commissioner Moore seconded the motion which carried unanimously.
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ITEM *29 - Second Rending, Ordinance H2095 - Vacating ,
Drain~!e and Utility Basements in the Bast 10 Feet of Lot I,'
less t e North 25 feet thereof, and in the West 10 Feet of
Lot 3~ less the North 25 feet thereofb Clearwater Industrial
Park eplat. City of Clearwater. pu lie Hearing, Z/7/80.
The City Attorney presented Ordinance 82095 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 Tenney moved to pass and
adopt Ordinance 82095 on second and final reading and to
authorize the appropriate officials to execute same. Commis-
sioner Moore seconded the motion. Upon roll call the vote was:
"Ayes":
"Nays":
Garvey, Moore, Nunamaker, Tenney and LeCher.
None.
ITEM 30 - Emer~ency Ordinance H2l05 - Amendin~ Article
II, Appendix A, Zonlng Code of Ordinances of the Clty of ,
Clearwater, Florida} 1962, Relating to Definitions, to Provide
a Redefinition of the Term Lot Coverage.
Commissioner Nunamaker moved that Emergency Ordinance
#2105 be read and considered by title only on the first reading
by the unanimous consent of the Commission. Motion was
seconded by Commissioner Garvey and carried unanimously.
The ordinance was read by title only. Commissioner
Nunamaker moved that Emergency Ordinance #2105 by passed on
its first reading. Motion was seconded by Commissioner
Garvey. Upon roll call the vote was:
"Ayes":
"Nays":
Garvey, Moore Nunamaker, Tenney and LeCher.
None.
The City Attorney presented Emergency Ordinance #2105
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 Tenney moved
to pass and adopt Emergency Ordinance #2105 on second and
final reading and to authorize the appropriate officials to
execute same. Commissioner Moore seconded the motion.
Upon Toll call the vote was:
"Ayes":
"Nays":
Garvey, Moore, Nunamaker, Tenney and LeCher.
None.
Commissioner Tenney moved that Ordinances 2096 through
2101 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
Tenney moved that Ordinance "2096 be passed on its first
reading. Motion was seconded by Commissioner Moore. Upon
~oll call the vote was:. '
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'''Ayes'' :
"Nays":
Garvey, Moore, Nunamaker. Tenney and LeCher.
None.
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Yacub A. B11a1
Jerome Bray
Robin Hopf
Chris Memendez
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Edward Turnbull
,Commissioner. Nunamaker seconded the motion which carried
'unanimously.
ITEM 1#45
The meeting adjourned at 4:20 p.m.
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The time'of the meeting was 6 hours and'50 minutes.
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PINAL "GINDA
CITY COI>il!T5SION,aSTlNG
~
MARCH 20 j 11180 II :30 A.~
ACTION ...,
6. Con..nt AI.nd.
a. Chanl' Ord.rll
.1 '1 to Wat.r 5y.t.. In.tr~.nt.tion and
Control Contract, + $3,562.00
.2 11 . South Grllnwood'Arl' I~provlment,
Ph... II, .566.886.29
.3 '1 to Wat.r F..d.r Main Extlntion . Union
Str.lt and U.S. 19. + '1.287.20
b. Notific.tion of RI.lan.tion. and Expiration. 5~
of Advi.ory Board Members
.1 P1annins and Zoninl Board
.2 Library
.5 PaTk. Ind Recreation
.. Pinelli' County Industry Council "
.5 Board of Adjustment and Appeal on Silins '
c. Land Use Plan Amlndment and Zonina Atlas
Chanle NE' 1/4 of Sec. 15-29-15 (Diocese of
d. ~~~~~i~~s~~~Ht (;~it:::~~T~l~E 1/4 of NE 1/4 8. Commissioner Nunamaker ,appointed.
of Sec. l1-Z9-16-Menna Hotel (Menna)
,e. S.R. 60 COllllDittea
'f. North East Sewale Treatment Plant
g. Carnival - Philoptochos Society of Holy
trinity Chu~~h
h. So~cer Fialds- St. Petersburg Junior College
i. Emergency Repair - Belcher Road Sanitary
Sewer. West Coast Utility Construction Co,
Pinellas Park. $13,636.00
j. Druid Road StOT'lQ Water Detention Area-H8.000 10. R80-33 - Supporting Application for
le. Repair of Two (2) Aerial Bucket Trucks. Elderly Housing approved.
Baker Equipment Enlineering Co. Inc.
St. Petersburg. $14;000
1. (Continued) Review of Preliminary Site Plan - 11.
Hampton Squaro Shoppina Centre. NW 1/4 of
Sec. l7-Z9-16 (HaMPton Square Company)
,Ill. Release of an Agreement to Annex for Lot 17
Coachman Hill Estates (Xuebe~)
!I!!!
,i ,I. 'liell_ of AUIshnc.
'2., InvocaUon
3. Introduction. and Awards
... 'Servic. Pin Allard. (lll.sO ....)
5~ Clty Co~i'liQn Minutt' of,atlU1ar
516/80 ,. '
MloHn; ~f
City Mln..lr R'Dorts
7.
S.
9.
10.
Commendation. U. S. Coast Guard Auxilli1ry,
Vice Mayor '
Wase Ad,ustments ,
Elderly Housina Proposal (Diocege of St. Peter3-
buri)
~loccas in Lake
LEAA Grant Appli~aiton
Review of Preliminary Site Plan-Menna Hotel - SE
1/4 of HE 1/4 of See 11-Z9-l6 (Menna)
Name Designation for Library Project
Proposed Settlement of Field Construction Assoc.
Inc. vs. City
Satisfaction of Site, Plan Conditions for Hoilday
Inn (to be heard after Land exchange Hearing)
Other Pcmdina ~latters
Verbal ReporU
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,1.
2.
3.
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Bonnie Harding. v
Chief, Frank Daniels.
Prl..'lclamations:
1980 ""leal' of the Coast in Clearwatel'''
3/21 - ~/13/1geO - "Artourge Days
in Clearwater".
3/10 - 3/22/1980 -"Kiwanis Peanut
, Days in Clearwater".
4. 8 Service Pins Awarded.
Special Award ~ Paul Kane, ring for'
over 40 years of service.
Employoe of the Month of Matich -
Carolyn Voght.
Approved as Gubmitted.
6. Accepted as submitted.
7. R80-32 - Commending Coast Guard
Flotilla adopted.
9. Approved 7~% cost-of-living increase
for employees receiving over
$24,000 not previously approved
excluding City Manager and City
Attorney.
RaO-3S - Approving conceptual plan
for Moccasin Lake Park with condition
that alternative access be investi~
gated.
12_ R80-34 Authorizing Application
funding of Neighborhood Watch
adopted.
13. Approved with 3 conditions.
ll~. Designated new construction to be the
William and Elizabeth Adler Addition
to Clearwater Public Library.
15. Approved.
16. Approved Satisfaction of conditions.
17. Denied Agliato request to waive fees
for rezoning and land use plan
amendments.
18. ..None.
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PINAL AG!NDA . .City Co..ls.lon M~~i . M.rch 20, 1980 9130 A.~
ITIM ~, ACTION ~
Public H..riftls (12130 ~~~.l
(Contlnu.d) SurpluI Praptrty D.cllr.tion . portion
at ClIIN.tlr 1I..c" b.t,,"n, Papnya a Marlanne
Strllt. (TAYLOR LAND eXCHANGE)
%on1nl ApP.l1 . Pinch.r Conttruction Company
V.cat on R.quI.t . Ka.tn.r
L.nd U" Plan ~.ndmlnt . pt. Loti 6 . 7, Hilltop
Subdivi.ion, SIC S.Z9.16 lr~m low d.nllty
r.sid.ntial to comm.rci.l (DIMaio It 11)
CDIG - CHA Lind Acqui.ition
CDIG . aUdllt Aa.nda.ntl
Citil.n. to b. He.rd rt tt.nl Not on thl Alend.
City Attorn.y Re,orts
S.cond Reldin., Ord. 'Z09Z - Am.ndin, S.c 4-18
of Codl to Rep'll Zone ZZF and Enact N.w Zona
19Y (Wi.1and Irle)
Second R.adina, Ord. '2093 - Am.nding See 4-18
of Code to Enact New Zone 191 (Casa Juanita
Mexican Rut.)
Second Readin,. Ord. '2094 - Amendins See 4-18
of Code to Repeal Zone 22 I and Enact New Zone
19AA (Farmer Boy Rest.)
Second Readins. Ord. '2095 - Vacating Easements in
Clearwater Industrial Park Replat (P.H. 2/7/BO -
City)
Emersency Ordinance f2l05 - Amending Ord. 12039
First Readln" Ord. 'Z096 - Amendins Ord IZ019
Relltini to Land Use Plan to Change Certain
Land Desiinations
First Readinl. Ord. 12097 - Vacating Alley in
Pla:a Park Sub (Rilling - P.R., Z/2l/80)
First Reading, Ord. 1209B - Amendins Sec 4-18 of
Code to Repeal Zone ZOB 6 Enact Now Zone
198B (Drew Spirits)
First Reading; Ord. 'Z099 - Amending See 4-18 of
Code to Enact New Zone ZZK (Acropol Inn Rest.)
First Reading, Ord. IZ100 - Am!!ndina See 4-18 'of
Code to Repoal Zone llC and Zone l3P (App. 3/6/BO
36.. First Reading. Ord. IZI01 ~ Amending Sec. 4-1B of
Code to Enact New Zone 4Z (Bay ?ark Executiv!!
Center)
Resolution - Authori:ini Defen5c of Suit - Coop!!r
V5. City
Resolution - Assessing Owners of Property the
Costs of Mowini Lots
Authorilini Execution of Note to Barnett Bank
(Avalon Apartments)
40..Authori:ing Execution of Quitclaim Deed - Kapok
Tru Inn
Acceptance of Deads and EaseDents
Other Commission Action
Adj ournment
Trustees of tho Employees' Pension Fund
Membership in the Employees' Pension Fund
Adjournment
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19. R 80-36 adopted - Property deolared
surplus and authorized land exchange.
.
20. Approved 2 variances.
, .
21. Approved 2~ ft. vacation.
22. Approved.commercial designation.
23. Approved Engineerinp, study and
appraisal and amendment to agreement.
24. Approved.
26. Bonnie Harding - Expand Park Street
Bus Terminal.
R. Twinin~ - Support enforcement of
restrict10ns on parking of trailers
on property.
~6. Ord. #2092 adopte~.
27. Continued to 4/3/80.
2B. Ord. #2094 adopted.
29. Ord. #2095 adopted.
30. Ord. #2l05adopted as emergency ordi-
nance.
31. Ord. #2096 passed 1st reading.
32. Ord. #2097 passed 1st reading.
33. Ord. #2098 passed 1st reading.
34~' "Ord. #2099 passed 1st reading.
35. Ord. #2100 passed 1st reading.
3G. Ord. #2l0J.. passed 1st reading.
37. R B 0- 3 7 adopted.
3B. R 80-38 adopted.
39. Approved.
40. Approved.
41. Accepted Deeds and Easements.
ITEM - R BO-39-adopted - file claim suit.
42. Commissioner Garvey - Parking at
Crest Lake Park.
Attendees to Fla. League of Cities
meeting?
Mayor LeCher - Complaints ahout
trash on Sand Key near Clearwater
Pass Toll Booth.
Commissioner Tenney - Motion failed
name Clearwater Beach Playfield
McKay Field.
Reported on trip to Washington D.C.
and Massachusettes re Church of '
Scientology.
43. Adjourned 4:1B p.m.
44. Accepted 5 employees; rejected 1
'employee.
45. Adjourned ~:20 p.m.
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