12/14/1970
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735.
CITY COMMISSION MEETING
December 14) 1970 .
The City Commission of the City of Clearwater'met in .t'cgular aeaaion at the
City Hall, Monday, Deccmber lll, 1970, at 1:30 P.Mq with ~he following members
present:. .
H, Everett Hougan
Donald S. Wlll1ama
Donald Corlaon
Riclt Hall
Richard D. Wachtler
Muyor-Commiaaioncr
Commissioner
COlluni a sioner
Commisoioner
Commissioner
Aloo present wore:
Merrett R. Stierhelm
"Herbert M; Bro\m
Max Battle
Chief Frank Daniela
City ManaGer
City Attorney
City Engineer
Police Chlef
The Mayor called the meeting to order. The invocation wua given by Reverend
Emanuel Mnlkow, First Evangelical Lutheran Chul'ch. The r-1ayor prelJcnted 13ervioe
pins to cleven employeeD for variouo yearu of service. The Hayol' commended
Mr. Aubrey Ort, retiring Electl'lcal Dlrector, for hlo yeaI'D of Bel'vice to the
City and presented him w1th 0 ''latch ao 0 memento from the City. The Mayor rORr!
a pard from a lndy in Brndcnton, Fla. commendinB Clearwater for passage of ita
Tree Ordinance, and a lotto!' fI'om Dr. Arthur Steele, Pl'eoident of Clearwater
. Christian College commending the Conuniosion after his attendance at a recent
Commission meeting. Representatives from the Clearwater Noon Exchange Club
congratulated the City on dioplay of Freedom Shrine which they sponsored and
then presented a plaque to the City.
2 P.M. . .Chief Daniela left the meeting at this time and was replaced
by Sgt. Donald Weaver.
ITEM III - Public Hearing - Lot Mo\'11ng Resolution -1170-131.' The City Attorney
explained the resolution. The Lot Mowing Inspector considered the lots a menace
to public health, safety and welfare. There \'1ere no objections. Commissioner
Carlson moved that Resolution #70-131 passed on December 3, 1970, be confirmed
and made effective as to all persons and parcelS listed thereon, except for those
whose lots have been verified as being cleared and those who have paid the City
for the clearing and the proper City officials and employees are hereby directed
to proceed in accordance with law to see that the lots are cleared. Motion was
seconded by Commissioner Hall and carried unanimously.
ITEM #2 - Public Hearing - Alley Paving - 150 ft. E of S. Ft. Harrison,
Rogers to Turner. Tho City Manager explained the project, and stated that at
tho preliminary hearing of the 5 property ownero, 4 were in favor and I opposed,
with the estimated assessable front foot cost given as $5.40. Mr. Harold
Wallace representing his sister spoke in objection to the cost, not the paving.
Commissioner Carlson moved that since no valid objections have been filed that
the paving be approved and the City Manager and the City Engineer be directed
to forthwith proceed with such improvements as an assessment project. . Motion
was seconded by Commissioner Williams and carried unanimously.
The Mayor recognized and welcomed the brother of Commissioner Wachtler,
Donald Wachtler, his wife and daughter, visiting here from Minneapolis, rUnn.
ITEM #3 - Public Hearing - Sanitary Sewers for Properties not presently
served in Sunset Gardens Sub. The City Manager explained thu item, mentioned
report from the County Health Department indicating the need for sanitary sewers
and spoke of the provisions of House Bill 5436 whereby municipalities may
install sewers in areas where there is n need. The Clt~ Engineer reported that
the first estimated assessable cost per front foot was ~7.94~ but according to "
recent bids the cost could be as low as $5.36 per front foot. Discussion ensued
on these' figures. The City Attorney presented the City Clerk with Exhibit A,
letter and report from Pinellas County Health Department and reported that copy
of plans are on file in the City Clerk's and City Engineer'S offices.
Sam Lasanen, 2143 Barcelona Dr. said the residents are not opposed but asked
questions regal"dlng lift stations, damage to streets, etc. Others who asked
questions on the project \'lere Mr. Fred Holder, Johnnie Walker, Nrs. Phyllis
Lasanen and a Mr. Ranldn. Mr. Vernon G. Fraser, Sanitarian, Pinellas County
Health Department spoke of the health hazard in the area. The City Attorney
read Resolution /170-132 ordering the construction of sanitary sewer lines and
facilities in Sunset Gardens Subdivision. Commissioner Carlson moved that .
Resolution InO-132 be passed and adopted and the appropriate officials be
authorizod to execute it. Motion was seconded by CommiSsioner Williams and
.carried unanimously.
ITEM #4a. - Continued Public Hearing of Zoning - Lots 4,5)6,8,9, Blk A~
Breeze Hill Sub.j Lot B 9 & 10, Blk E, Breeze Hill Sub., \'1 20 I of Lot 8 and all
Lots 9,lO,11,12,13,Blk K, Boulevard Heights (City)~ to be changed from R-4o
(multi-tamily) to PRS (professional & related services). The City Manager
'. explained the hearing had been continued because of the objection ot Mrs. Staley.
> . The Planning Director reported he had discussed it with her but she is still
'>'I~'~...i'.~...'.", .', ," . opposed and afral~ of increase 1n taxes. Commissioner Carlson moved that the
:,.ih~.;;.'. ;J:.;.;.'-:;'/:' application for zoning change from R-4o. to PRS on above described property. , .. .', .
ij;~?:J;;:~~':')/-:':':"I" e~cept for Lo~ 10 & ,W 10 ft.. of Lot 9, Blk K, Boulevard Heights, be. approved . and .
.~ ~~i1..;r~~~\~.;,~.\,,/"::,;;:t;.~e; 9.ity.At.~~rney be lnstr,ucted ~o include' this in an. amendment. to. the Zoning :<,,:../
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-2-
CITY COMMISSION MEETINO
Deoember Ill, 1970
Ordinance to be brought baole to this Commisoion for approval au aoon aB pOBoible.
Motion wos seconded by Commloaionct' Wachtler and cat'ried unanimoUSly. "
. I'fEM IP' b. - Public Hearing oontd. Aquatlc Park (to bc continued). The Mayor
and 01 ty MnnnfSer concurred' that thl El 1 tOIll be con tlnued. Conunl saloneI' Carloon moved ' "
that this item be continued until February 1, 1971, at 1:30 P.M. Motion.wao ueoondcd
by Conuniooioncr Hall and cOl'rlcd unonimouuly.
.'
'.
ITEM IIL~ c. - Public Henring on Zoning - Vacated right of wuy of m{yview Avenue
lying West or Loto 53, 5:1 and 69, Firut Addition to Oatea Knoll Sub. and right 01'
way of Tuscola Rd. lying West 01' a lino extended 'between the WODt lot linos or
Lots 53 nnd 54 to be ohanged f!'om B-1E (:JIngle l'allllly) to R-1m (multi-family).
(Kalmia Apto. Inc.). The City Manago!' explained tho requeut and read the Planning
& Zoning Bonrdrccoml11cndatlon for approval oUbJcct to fence and planting agree-
~enta for East aide and a one utory height limitation on subject property and
agreed to by the. appllcunt. He outlined briofly the propooed agreement between
Oeol'ge E. Colline, Wllliam E. Clark and Kalmia Apartments Inc, which agreed to
the clOSing of Tuscola Rd., er.cction of fence nnd lundocap1ng from the South
line of Lot 53, lat J\udit~ion to aotes Knoll Subdivision, Northerly to Barry Rd.,
in oddi ticn to othcr 1 temD between the ptlrtiCfJ. Mr-. A ton Martens, attorney
repreoenting Mr. Colllna and Mr. Clark clteu objections of noiae, light and
truffic. He further explained the agl~C(;)ment between the partieo, indicating .
height limitation WIHl not part of the ngI'eement. Resolution 1170-133 was presented
vacating approximately 33 ft. of the WeGt end of Tuscola Rd. Commissioner .
Carlson moved that Resolution #70-133 be paused and adopted and the appropriate
officlals be authorized to execute it, subject to the City retaining any necessary
easements, and the vacated property be t!'ansl'erred ao recommended to the
adjacent property owners. Motion waa 3econded by Commissioner 1,o/1llia/ns and
carried unanimously.
COllullissioner Carlson moved that the application of Kalmia Apartmenta Inc.
for rezoning from R-1E (single family) to n-4n (multi-family) on vacated right
of' way of Skyview Avenue lying West 01' Lots 53, 54 and 69, First Addition to
Gates Knoll Sub. and the right of way of TUBcola Rd. West of a line extended between
West lot lines of Lots 53 and 54, be approved and 'the City Attorney be instructed
to include this in an amendment to the Zoning OJ:'dinance to be brought back to
thia Commission 1'or approval as soon as possible subject to agreement between
abutting property owners and Kalmia Apartments, Inc. dated December 10, 1970
and also subject to a covenant running with the land limiting the height on
the property to 1-story. Motion was seconded by Commiosioner Hall and carried
unanimOUSly.
ITEM 114 d. - Public HeaI'ing of Zoning - Lot 3, Bl 3, A. C. Turner r s No.3.
(First Church of Christ Scientist), to change zoning from PRS (professional &
related services) to I-SP (institutional semi-publio). The City Manager
explained the request and read the recommendation of the Planning & Zoning
Board for approval inCluding their exception that if Ordinance #1298. extension
of existing church uses, is passed prior to rezoning this request,will be
withdrawn without Comnlission action. Mr. R.W. Meyer. representative was
present. Commissioner Williams moved that the request of the Firat Church of
Christ Scientist for change of zoning from PRS to I-SP be approved and the City
Attorney be instructed to include this in an amendment to the Zoning Ordinance
to be brought back to this Commission for approval as soon as possible. Motion
was seconded by Commissioner Carlson and carried unanimously,
ITEM #4 e. - PUblic Hearing on Zoning - Lots 13 to 24 incl'1 Bl 24, Marymont
Subd. to be changed from PRS (professional & I'clated services) to B (business).-
City. The City Manager explained the request stating that it was made 1n accord-
ance with Court Orders. He also read the recommendation of the Planning &
Zoning Board for approval. There were no objections. COlnmissioner Wachtler
moved that the application of the City for change of zoning from PRS to B be
approved and the City Attorney be instruoted to include this in an amendment
to the Zoning Ordinance to be brought back to this Commission for approval as
soon as possib1e1 pursuant to Court Order. Motion was seconded by Commissioner
Williams and carried unanimously.
ITEM 115 - Public Hearing - Requests for Annexation and Determination &
Establishment of Zoning & Fire District Class1!'lcation.
a. South 1/4 of Northwest 1/4 of Southeast l/ll Section 23-29-15 for
I-SP (institutional eemi-public) zoning and Fire District No. 2
classification thereon. (First Evangelical Lutheran Church). The
City Managcr explained the rcquest and read the reco~nendation of
the Planning & Zoning Board for approval, but not permitting access
between parking lot of church and Norwood Ave. to the North. Mr. Fred
Jehs, representative, agreed to no access to Norwood Ave. There were
no objectiona. Commissioner Carlson moved that the request f'or
annexation by First Evangelical Lutheran Church with I-SF 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
>>'';,W''. ''''. " this Commission for appro\al as soon as possible, subject to'right-of-
~1;;Y~'/.:.':' ", . way requirements. Motion was seconded by Commissioner 11811 and
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CITY COMMISSION MEETING
. December 14, 1970
The South 170 ft. of North 1131 ft. of Eaa't 300 ft. of West 400 ft.
of Northwest 1/'1 of Southwest l/ll less right of way triangb in
Northwest corner, Section 5-29-16, with B (buslne~a) zoning and
Fire Diat~ict No.1 classification (J. W. Corp. of Clearwater).
'rhe City Manager explained the request nnd t'ead the recommendation
of the Planning &: Zoning Doard fOl' denial, but in lieu thereof
the Board recommonded Purkway Buslncoo zoning. Mr. Jerry Janelli,
rcprcscntntive,wao preoent.. There wore no .objeotions. Commissioner
Hall moved thnt the amended roqUQst lbr annexation by J. W. Corp.
of Clearwater with Parkway BuoinesB ~oning with Fire District No. 1
oluasif1cntion be approved und the City Attorney be instructed to
include thls in an ordinanco to be brought buck to this Commission
for approval as ooon os pOBsible. Motion woo seconded by
Commissioner ~/lll1ama and carried unanimously.
4:15 P.M. CommlfJoioner Carloon left tho meeting at thls tlme~
b.
ITEM #6 - Conceaulon l\greument - Jack Ruanell Stadium. Tho City Manager
explained the agreement and recommended it be npproved for a period of 5 years.
Commiosioner Williamo moved that the conceBoion agrcement for Jack Russell
Stadium with E. B. Robinoon as outlined be approved and the appropriate
officials of the City be authoriZed to execute it. Motion WaD secondl'Jd by
Commissioner Wachtler and carried unanimously.
ITEM 117 - Supplemental Agreement - Geological Survey. The City Manager
explainod a oupplemcntol agreelnent with the U. S. Geological Survey to
evaluate the p~opoaed sanitary land fill aito North of SR 580 with the total
cost being $19,000, $9,500 of which would be paid by the City and the other
half be paid by State and/or Federal funds. He recommended approval of the'
agreement. Commisoioner Williams moved that the agreement be approved and the
appropriate City officials be authorized to execute this supplemental' partici-
pating agreement with the U. S. Depa~tment of Interior, Geological Survey
Division. Motion.was seconded by Commissioner Hall and carried unanimously.
ITEM 118 - County Request - Paving Lakevie~" Rd. The City Manoger cxplained
the County had requested the Clty participate in the paving of Lakeview Rd.
betwcen Highland and ~Usoourl ^venuQs at an estimated cost $12J500 with the
City's share being $5,000. The City Manager and City Engineer recommended
approval with $5,000 being placed in escrow for the project. CommiSSioner
Wachtler moved that the City place $5JOOO in escrow for the paving of Lakeview
Rd. as outlined. Motion was seconded by Conunissioncr WilllamG and carried
unanimously.,
ITEM #9 - Requests for Annexation:
a. Acreage in the SE 1/4 of NW 1/4, Section 11-29-15 - Whitson
b. Acreage in the SW 1/lJ. of SE l/J+ Section 9-29-16 - Mebrell
Commissioner Hall moved that the requests for annexation by Edmund S. Whitson
and Mebrell Corp. as outlined b~ the City Manager be accepted and referred to
the proper ,City DepaI'tments for appropriate action and public hearing. Motion
was seconded by Commissioner Hachtler and carried unanimously.
ITEM #10 - Bids, Sandblasting & Painting All Steel at Jack Russell Stadium.
The City Manager recommended accepting the bid of JAD & Company. Commissioner
Williams moved upon the recommendation of the City Manager that the contract be
awarded to JAD & Company for the sum of $16,800 which 1s the lowest and best
responsible bid and that the appropriate officials of the City be authorized
to execute said contract which shall be in accordance w1th the plansJ specifica-
tions and bid. Motion was seconded by Commissioner Wachtler and carried
unanimously.
ITEM #11 - Bids, Chlorine (approx. 136 tons). The City Manager explained
this was a cooperative bid with the County and recommended the bid of Jones
Chemicals, St. Petersburg, a saving of about $5JOOO.00 for the year. .
Commissioner Wachtler moved upon the recommendation of the City Manager that
the contract be awarded to Jones Chemicals, for the sum of *15J139.56, which is
the lowest and best reGponsible bid and that the appropriate officials of the
Ci ty be authorized to execute said contt'act which shall be in accordance with
the plans and specifications and bid. Motion was seconded by Commissioner
Williams and carried unanimously.
. The City Manager recownended authorization of a 60 day option agreement
with Boyce Company in the amount of $500 to be used toward the purchase price'
of $27,500 for Lots 11-12, Block G, Plazu,Park Subdivision. He stated that the
price i6 within 10%,of appraisal and adjacent to property acquired from Florida
Power Corp. to be used for motor pool complex. Conun1asioner' Wachtler moved to'
approve the option and purchase price ao recommended by the City Manager and
the proper officials be authorized to execute said contract. Motlon was
seconded by Commissioner Hall and carried unanimously.
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-4-
CITY COMMISSION MEETING
nocember,14) 1970
I Tho City Manager spoke of the problem or truck traffic on Hercules Ave.
between Gulf to Bay Blvd. (SR 60) and' Drew St. He said that the County had
adopted a resolution requesting the State to remove that part or Horoules from
the State secondary road system. He recommended that prior to the 01 ty . .
adopting a resolution endorsing the County's proposal to rcqueot the State to
add another portion of right of way of approximately equal footage somewhere
else. Discussion ensued on the matter. Conunissioner Hall moved the City
Manager negotiate with the State Department of Transportation nnd Pino11Bo
County to effectuate what the County hao suggested in their resolution provided
in vacating of this portion that another portion of the City io included in the
state seoondary system. Motion was Beconded by Comm1asionor Wachtler and
carr-ied unanimously. '
ITEM Iflll - Ord. 111298 - Amending ChOp. 26 of' Code to provide for Expanoi6n
of Churches. CommlBoioncr Will10mll moved that Ordinanoe 1/1298 be read und
oonaidered by tl tlc only on the .rirat reading by the unnnimouD conoont 01' the'
Commission. Motion waD oecondcd by Commiollione~ Wachtler nnd carried unanimously.
Tho Ordinance was rend by title only. CommloBioTU' Williamo moved that
Ordinance 111298 be puaoed on 1 ta first reading. Motion wall seoonded by ..
Commissioner Wachtler and carried unanimOUSly.
Conmdssioner Will1amo moved that Ordinanuc #1298 be read and considc~ed on
aecond and final. reading by title only at this meeting of tho Commission by
unanimous consent of the Comm1llsion. Motion was seconded by Commissioner
Wachtler and carried unanimously. The Ordinance was read by title only. '
Commissioner Williams moved th at Ordinance 111298 be paased on i tu aecond and
final rending and adopted and that the appropriate officials of the Clty be"
authorized to execute it. Motion was seoonded by CommiGsioner Wachtler and
carried unanimously.
ITEM #15 - Ord. #1299 - Annexing & Zoning Portion of Sec. 6-29-16.
Conunissioner t1HliamB moved that Ordinance #1299 be read and considered by title
only on the first reading by the unanimous consent of the Commission. Motion
was seconded by Commissioner Wachtler and carried unanimously. The Ordinance was
read by title. only. Conunissioner Will1amtl moved that Ordinance 111299 be 'passed
on its first reading. Motion was seconded by Commissioner Wachtler and carried
unanimously.
Conuniaaioner v/111iams moved that Ordinance 111299 be read and considered on
second and final reading by title only at this meeting of the Commission by
unanimous consent of the Commission. Motion was seconded by Commdssloner Wachtler
and carried unanimously. The OI'dinance \'IUD read by title only. Conunissioner
\tllliams moved that Ordinance #1299 be passed on its second and final reading
and adopted and the appropriate officials of the City be authorized to execute
it. 'Motion \,(aa seconded by Conunisaioner' \'/achtler and carried unanimously.
ITEM #16 - Acceptance o~ R/W Deeds ~ Greenlea Street. The City Attorney
presented deeds os follows:
from Florill, Inc. - South 30 ft. of East 1/2 or East 1/2 of Northeast 1/4
of Southwest 1/4 which lies South of South line of Clearwater
Highlands Sub. less the West 3 feet.
from D. J. FIvecoat - South 30 ft. of Lot 13; Suban1s Subdivision, Section
2-29-15 for Greenlea St. right of way.
!'rom Walter- Q, Elson, et aI, partial release of' Mortgage for Greenlea St.
right of way in South 30 ft. of East 1/2 of East 1/2 of Northeast
1/4 of Southl'(est 1/4, south of South line of Clearwater Highlands
Sub., les6 West 3 ft.
Commissioner Hall moved that the instruments as outlined by the City Attorney
be accepted and the City Cle:rk be directed to record same in the Public Records
of Pine11as County, Fla. Motion was seconded by Commissioner Williams and
carried unanimously.
ITEM /117 - Resolution - Approving Construction of SR 55 as Limited A.ccess
Facility. The City Attorney presented Resolution 1170-134 providing for
alignment of Drew St. extension with the limi tied access facility. Conunissioner
Hall moved that Resolution #70-134 be passed and adopted and the app:roprlate
officials be authorized to execute it. Motion was seconded by Commissioner
Williams and ,carried unanimously.
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Motion
Commissioner Wachtler moved that
was seconded,by Commissioner lwIl and
.
Attest:
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CITY COMMISSION MEETING
December' J.4, 1970
Awards'
Public Hearings
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AGENDA
CITY COMMISSION MEETING
DECEMBER 14,.1970
, ~ : 30 P. M. .
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'. Invocation
Introduotions
Minuteo of Preceding Meetings
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pUblio Hearingo
~eporta from,C1ty Manager
Heporta from City. Attorney
Citizens t6 be Heard
Othor Commission Action
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AdJournment.
Meeting Pension Plan Trustees
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Lot' Mowing Reoolut:l.ori ttrO-131 ,', . .'
Alley 'Paving - 150 t g of S ~ Ft I Hnrr~Bon, ':
Rogers .to Turner . ,..,
, Sanitary Sewers Cor Propertios not presently
served in Sunset Gnrdens Subd. , '
Zoning Amendments: ' , . . '
a. Contd.-Loto n,5,6,8,9, Bl A, Breeze'Hill'
Subd.; I,ota 9 & 10.1 B1 E) Breeze Hill,
Subq.j W 20 I or Lot. 8 and all L~tfS 9, .
10,11(12}13} Elk K) Boulevard Heights.
(Oi ty ) . '.,'
b. Contd. - Aquatic Park (to be continued)
'c. Bo t\feen' 13al'l"Y Hd. and 97' S of TUBoola
Rd.. and 6001 W 01' Lul{e Dr. (Kalmia) ,
d. ,Lot 3, Bl.3, A. C. Turner's #3 (Firat
Church of Christ Soientlot)
e. Lots 13 to 24 inol., D1 21J, Mnrymont
Subd. (City)
Requests for Annexntion and Determination
.& Eatabliahment ,of Zoning & Fire District
Classification: r
a. N Side of Nursery Rd. between Lake &
Duncan (Firat Evangelical Luth. Church)
b. SE Corner or us 19 N and OR 50A (J. W~
Corp. or Clearwater)
Reports from City Manager
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'Concession Agreement - Jack Russell Stadium'
Supplemental Agreement - Geological Survey.
county Request - Paving Lakeview Ave~
Requests for Annexation:
a. Acreage Tract South Side of Carroll
Street at Wood (Whitaon) ,
b. E of DelOra on Bay Shore (Mebrell)
Bids, Sandblasting & Painting All Steel at
Jack RUBsell Stadium
Bids, Chlorine' (approx. 136 tons)'
other Engineering Matters .
Verbal Reports and Other ~ending Matters
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Reports from City Attorney
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Ord, #1298 - Amending Chap. 26 re ZOning,of
Code to prOVide far Expansion of Churches
Ord. #1299- Annexing & Zoning Portion of
Sec. 6-29-16 .
Acceptance of R/W Deeds- Greenlea Street
Resolution - Approving Construction of
SR 55 as Limited Access Facility
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