02/02/1970
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CITY COMMISSION MEETING
February 2, 1970
The City Commission of the City of Clearwater met in regular session at the
City Hall, Monday February 2, 1970, at 1:30 P.M., with the fOllowing members
present:
H. Everett Hougen
Donald S. Williams
Brooko Curter
*Donald Carlson
Rick Hall
Mayor-Commissioner
Conun1 soioner
Commisoioner
Conuni soioner
Commissioner
*Abaent at first of meeting.
Come in later.
Also present were:
Merrett R. Stierhcim
Herbert M. Brown
Max Battle
Sgt. Robert Kennedy
City Manager
City Attorney
City Engineer
Representing Police Chief '
The Mayor called the meeting to order. The invocation was given by the
Reverend Emanuel Malkow, First Evangelical Lutheran Church. Commissioner Carter
requested a correction in the January 19th minutes concerning the vote on
accepting the annexation application for a part of Skyline Groves Sub. to show
that he voted "NolI and Comm:l,ssioner Car1aon voted "Aye". Commissioner
Williams recommended the January 26th minutes be revised to indicate the
Commission amended Resolution No. 70-12 pertaining to the Special Act submitted
by the Downtown Association to .the Legislature to show they approved the act in
principle but not exactly as submitted. Commissioner Carter moved the minutes
of January 12th be approved and the minutes of January 19th and 26th as
corrected be approved as recorded and as submitted in written summation by the
Clerk to each Commissioner. Motion was seconded by Commissioner Williams and
carried unanimously.
The Mayor complimented Sgt. Kennedy for winning the Bilgore award.
Commissioner Carlson arrived at this time and complimented Sgt. Kennedy on his
defensive driving progI'ams. The Mayor read a telegram from President Richard
Nixon inviting him to attend a meeting in Washington, D. C., on March 7th for
the National Alliance or Businessmen, and also reported the National League
of Cities would meet in Washington on March 8-10, 1970. Commissioner Carter
moved the proper City officials be authorized to attend the conference and
that their expenses be reimbursed by the City. Motion was seconded by
Commissioner Carlson and carried unanimously.
"
The City Manager announced a public hearing on the request of Safeway
BUilders, Inc., for annexation and zoning of the East 150 ft. of South 323 ft.
of West 3/lt of North 1/2 of Northwest l/f! less Lakeview Rd. right of way,
Section 23-29-15, \'/ith R-lm (multi-fam11Y~ zoning and Fire District No.2
classification thereon. The Planning & Zoning Board recommended denial and in
lieu thereof, R-3 (LD), (multi-family). Mr. Robert Wilson, attorney,
representing the applicant, explained the request and stated they owned the
property before the start of the Kalmia Apartment development but did not
bring it into City. He showed plans indicating most of the property would be
for parking and stated their property to the north was zoned R-h. Mr. Donald
Bleakley was alao present. There were no objections. Commissioner Carter
moved the request for annexation by Safeway Builders, Inc., and for R-4D
(Inulti-fam11y) zoning and Fire District No.2 classification be approved and
the City Attorney be instructed to include this in an ordinance to be brought
back to this Commission for approval as 600n as possible with the further
provision that a covenant running with the land be drawn to provide the 75 ft.
setback from the east property line and that an additional 17 1/2 ft. right
of way be provided for Lakeview Rd. Motion was seconded by Commissioner
Williams. Upon the vote being taken, Commissioners Williams, Carter, Carlson
and Mayor Hougen voted It Aye It . Conunissioner Hall voted "NoH. triotion carried.
The Mayor announced receiVing requests that the following items be
continued to February 16, 1970:
1 b. S. Side of Nursery and E Side of Belcher (Levine)
1 c. SE Corner of Nursery and Belcher (Levine)
1 d. W Side of Bayshore Blvd. (First Church of God)
Mr. Stephen Hughes, attorney representing the opponents of Nursery-Belcher
annexation, did not object to continuance. Commissioner Carter moved these
items be continued to the next regular meeting on February 16, 1970. Motion
was seconded by Commissioner Hall and carried unanimOUSly. The City Manager
reported on objections and petitions and turned them over to the c~ty Clerk.
The City Manager introduced Mr. Lane Marshall, Sarasota, Fla., a professional
landscape architect retained by the City. Mr. Marshall outlined his report of a
beautification program which would cover five years or more and which was deSigned
to take advantage of federal beautification funds available through the U. S.
Dept. of Housing and Urban Development. Mr. Donald Alexander, Beautification
'Committee Chairman, stated the reports had been turned over to the Committee on
January 13th and thanked the City departments for their cooperation. He aleo
stated he would accept the chairmanShip of a subcommittee on eigns.Commissioner
,Carlson moved to accept the Urban Beautification Report. Motion was seconded by
,', Conun1sf;J10ner Williams and carried unanimOUSly"", .
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-2-
CITY COMMISSION MEETING
. February 2J 1910
The City Manager prcaented a requcat from Red Lobster Inns of America Inc'J
for on pr'emioeo oonsumption of alcoholio beveragcs on the South 250 ft. of East
300 ft. of West 400 ft. of SW 1/4; Section 17-29-16. Commioa10ner Carter
n~ved the request be approved and the City Attorney include thiB in an
amendment to the beverage ordinance. Motion was seconded by Co~n1DBioner
Carloon and carried unanimou6ly.
The City Manager presented for approval authorization to enter into service
area agreemento w1th Dunedin and Safety Harbor. COlll1l1iss!oncr Carter movod the
agreements be approved and the proper officials be authorized to execute them.
Motion' was seconded by ConunlsBioner Williams and carried unanimouoly.
Commissioner Carter moved the City Manager and the proper City authorities
meet with the County Conmdosion and other uppropriate county author! tieB to
prepare an agre ement to ac oord thc Ci ty or C1ear\>/a tel' gren tOl' author! ty to
regulate planning and zoning in the Clearwater pltlnning area aD per agreements
w1 th Largo J Dunedin and Safety Harbor and authol'l ty to cn!'orce City standards
on construction, development of strccto, etc. The purpose being to permit the
City to exercise uniform control in both City and unincorporated planning arca,
for,purposes or planning, building and utilities development. Motion wae
seconded by Commiaoloner Williams and carried unnnlmouoly.
The City Manager presented for approval the appointment of Police Of!'icer
Jerry Roberts to the Clearwater Police Supplementary Pension Fund. Co~s3ioner
Carlson moved to approve the appointment. Motion was seconded by Commissioner
Hall and carried unanimously.
The City Manager presented for approval additional appointments to the
, Community Relations Board as follows: Rev. John Hollis, Church of the
Reconciler; Rev. Mac J. WllliamsJ Mt. Carmel Church; Robert J. Williams and
Attorney Tom Moore. Commissioner Wjlliams moved to approve the appointments.
Motion was seconded by CommiBsioner Carter and carried unanimously.
Mr. Tom McAllister, General Chairman of the Fun 'N Sun FestivalJ requested
the $5,000 in the budget which had been plnced in a contingency fund for the
purpose of hiring a professional p:r'omoter, He stated that the budget 1'01' this
year was only $9,010 and the costs last year were slightly over $10,000. He
estimated the cost this year would be at least $11,000. After discussionJ
CommiSSioner Hall moved to transfe:r' $2,000 from the contingency fund to the
Fun'N Sun Festival Fund to give them approximately $11,000. Motion was
seconded by Commissioner Carter. Upon the vote being taken, Commissioners
Carter, Hall and Carlson voted "Aye". Mayor Hougen and Conuniss10ner Williams
voted I1No". Motion carried.
The City Manager presented the following requests for annexation and zoning:
a. Lots 1 through 16, Block 11, Virginia Groves E~tates 1st Addn -,Suncoast
BCI Inc.
b. Lot 8, Block A, Pine Ridge Sub. - Jess C. Walker
c. Lot 9J Blocl{ A, Pine Ridge Sub.
Edward Harrison
d. Lot 2, Block 8, Highland Pines, 1st Addn. - J. B. Potter
e. Lot 10, Block 8, Highland Pines, 1st Addn. - J. R. Sutherland
f. Certain Unplatted Parcels lying within the NW 1/4 of Section 16-29-16
0, T. Duefrene, et al (12 lots - 11 owners)
Commissioner Carter moved that the requests !'or annexation by the above applicants
in Items aJbJc,d,eJ and f as outlined by the City Manager be accepted and refe~red
to the appropriate City departments for appropriate action and public hearings,
with the Planning & Zoning Board to particularly consider Item 1', Motion was
seconded by, Commissioner Hall and carried unanimously.
The City Manager recommended a contract with Clayton F. Og1esJ Duned1nJ for
the painting or the water tank on Clearwater Beach. Previous bids received were
considered too high and rejected. Commissioner Carter moved to approve the
recommendation ot the City Manager as outlined and the proper City officials'
be authorized to enter into a contract with Clayton F. Ogles ror this work in
the amount or $4,890.00. Motion was seconded by Commissioner Carlson and
.carried unanimously.
The City Manager recommended the bid of AAA Scrap Iron & Metal CO'J Tan~a,
Fla. for sale of scrap metal. Commissioner Carlson moved upon the recommendation
of the City Manager that the contract for, the sale of scrap metal be awarded to
AAA Scrap Iron & Metal Co. for the sum or $22.04 per tonJ which is the highest
and best responsible bid and that the appropriate officials,of the City bp.
authorized to execute said contract which shall be in accordance with the plans
and specifications and bid. Motion was seconded.by Commissioner Carter and
carried unanimously.
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CITY COMMISSION MEETING
February'2, 1970
The City Manager recommended acoepting a new application for annexation
from MrB. Olonn Mehring whose request had been denied at a public hearing .,on
July 21, 1969J because of not being contiguous to the City. He explained that
she now has a house on the property, but her septic tank has popped out of the
.ground twice and it is important that sewer services be obtained because of
the health hazard. CommisDioner Carter moved that the application be aocepted
and referred to the proper City departments for appropriate action and publio
hearing. Motion waD seconded by Commissioner Hall and carried unanimously.
Commissioner Carter moved that the City Manager and City Attorney prepare
un amendment ill Chapter 180, Florida Statutes, to permit municipalities to set
up sewer diDtricts und aDseDD abutting property owners for'oewers without
annexation and that contact be made with the Florida League of Municipalities
and any other organization of like nature for their assistance on the matter.
Motion was seconded by Co~dssloner Carlson and carried unanimOUSly.
The City Attorney presented for acceptance a utility eaaament from
Alexia LeDantec in Eaat 5 ft. of Souilil55 ft. at Lot 3J South Park Sub.
Commisuioner Carlson moved that the easement as outlined by the City Attorney
be accepted and the City Clerk be directed to record same in the Public Recorda
of Pinellas County, FIn. Motion was seconded by Commissioner Hall and carried
unanimousl'y.
The City Attorney presented agreement for sanitary sewer service outside
City limits: Clearwater Trailer CitYJ Inc., 1650 S. Fort Harrison AVe. (NE 1/4
of NE l/l~J Section 28-29-15). Commissioner Carlson moved the agreement as
outlined by the City Attorney be approved and the appropriate officials be
authorized to execute it. Motion was seconded by Commissioner Carter and
carried unanimously.
The City Attorney presented three agreements tor sanitary sewer service
outside the Ci ty 1:l.m1 ts:
nichard J. Salerno - Lot 5, Highland Manor 2nd Add.
James J. Salerno - Lot 7, Highland Manor Sub. 2nd Add.
Charles B. TOland, Jr. - Lot 7J Westchester Sub.
Commissioner Carter moved the agreements as outlined by the City Attorney be
approved and the appropriate officials be authorized to execute them~ Motion was
seconded by Commissioner Williams and carried unanimOUSly.
The City Attorney presented Ordinance 1;12J~7 annexing Lots 10, 11 and 12,
Block AJ Harbor Vista Sub. (Raymond D. Duffy), and Lot 25, Del Oro Gardens Sub.
(James S. B1aloclt). Commissioner Carter moved the ordinance be 'read and
considered by title only on the first reading by the unanimous consent or the
Commission. Motion was seconded by Commissioner Williams and carried unanin~usly.
The Ordinance was read by title only. Commissioner Darter moved Ordinance #1247
be passed on its first reading. Motion waa seconded by Commissioner Williams
and carried unanimously.
Commissioner Carter moved Ordinance #l2~7 be read and considered on second
and final reading by title only at this meeting of the Commission by unanimous
consent or' the Commission. Motion was seconded by Commissioner Williams and
carried unanimously. The ordinance was read by title only. Comnussioner Carter
, moved Ordinance #1247 be passed on its second and final reading and adopted and
that the appropriate officials of the City be authorized to execute it. Motion
was seconded by Conmdssioner Williams and carried unanimously.
The City Attorney presented ror approval amendment to existing agreement
with Japanese Gardens for emergency repairs made by City on sewer lines not
under City jurisdiction. Commissioner Carter moved the agreement as outlined
by the City Attorney be approved and the proper City officials be authorized
to execute it. Motion was seconded by Commissioner Williams and carried
unanimously.
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'The City Attorney >>resented deed from A. J. Lewis ror part of Druid Rd.
R/W (N. 50 ft. of BE l/~ of SE ,1/4, Section 18-29-16 less West 250 ft. M.O.L.)
Conmdssioner Hall moved the deed aa outlined by the City Attorney be accepted
and the City Clerk be directed to record same in public recorda of Pinellas
County, Florida. Motion was seconded by CommiSSioner Carter and carried
unanimously.
Mr. Oliver D. Endsley, 1505 Lakeview Rd. j spoke regarding high Highland Lake
Estates water rates stating there were about 600 people on the system and his
bill had increased over $18.00 for the last 3 months of 1969 even though he .
\'las' away about 7 weelts. He also said there were no installation costs as the
system was already. there. The City Engineer said there had been no reserve
fo~repa1r and replacement and the system was 1n poor condition..
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. CITY COMMISSION MEETING
February 21 1970.
Public 'Hearings
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, AGENDA,
. CITY ' COMMISSION MEETING
'.FEBRUARY 2~ 1970
. 1: 30 P. M .
Invocation
, Introductions
Minutea ~r Preoeding Meetings
','
PUblic Hearings
Reports from City Manager
Reports from city Attorney
CitizenD 'to be Hoard
Other Conuni.sa1on Aotion'
Adjournment
Mee~ing Pension Plan Trustees
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15.
'16.
17.
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1. Requests tor Annexation and Determination'
& Establishment of Zoning & Fire District
Classifioation:
a~ N. Side of Lakcviewl 550 ft. E of S:
Highland (Sateway Buildorsl Ino.)
b. S. Side of Nursery and E. Side of
Beloher noar SE Corner of Nursery
and Belcher (Lovine) ~o be oontinued
to Feb. 16 - Next Commission Meeting)
c. SE Corner of Nursery and Belcher
(LeVine) (to be continued to'Fob. 16-
Next Conunission Meeting) . .
d. Contd. - W Side of 'Bayshore Blvd." .:
300 ft. II of oulr-to-Bay (Firat Church
or Ood) (to be continued to Feb. 16~
Next Comm1oaion Meeting)
Reports from City Manager
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2.
3.
Beautification Report
Request ror Beverage Zoning - Red Lobster :,
Inns of America, Inc.
Service Area Ag~qp.ments (Dunedin - Safety
, Harbor)., . .
Appointment - Clearwater Police Supple-.
mentary Pension Fund Board
Board Appointments
Fun IN Sun Committee Report
Requests for Annexation:
a. Lots 1 thru 16, Bl llt Virginia Groves
Eatatcs, 1st Addn. (Suncoaet BCI, Inc.)
b. Lot 8, Bl A, Pine Ridge Subd. (Walker)
c. Lot 9, Bl A, Pine Ridge Subd.
( Harri son)
d. Lot 2, Bl 8, Highland Pines, lat 'Addn.
(Potter)
e. Lot la, Bl 8, Highland Pineal lat
Addn. (Sutherland)
f, Certain Parcels '- Between Cleveland
and Virginia, W or Haines Rd.'
(Duefrcne, et all .
.Bids, Painting Water Tank
Bids, Sale of Scrap Metal
Other Engineering Matters
Verbal Reporta and Other Pending Matters
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6.
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9.
10.
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12.
Reports from City Attorney
Acceptance of Sanitary Sewer Easement
Trailer City
Two ,Agreements for Sanitary Sewer
Service outside City Limits
Ordinance of Annexation by Establishment
of Zoning & Fire District ClasBification
Agreement with Japanese Gardens -
Amendments to Contract
Wilson vs. C1 ty
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