02/01/1971
2- if:"
CITY COMMISSION MEETING
February 1, 1971
The City Commioaion of the City of Clearwater met in regular aeBsion at tho
City Hall, Monday, February 1, 1971, at 1:30 P.M. with the 1'0110wing members
present:
H. Everett Hougen
, Donald S. Williams
Donald Carlson
Rick Hall
Richard D. Wachtler
Mayor-Commissioner
CommiBsioner
Commissioner
ComrnisDloner
Commi 6sion01'
Alao present were:
Merrett R. Stlerheim
Herbert M. Brovln
Max Battle
Frank Daniela
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City Manager
City Attorney
City Engineer
Police Chief
The Mayor called the meeting to order. Tho invocatlon WaG given by
Revorend Reynoldo Lewis, Central Chriotian Church. The Mayor road Resolution
#71-10 commending Robert Longstreet, retiring newaman, Tampa Tribune. The
Mayor alaa presented the Clearwater medal to Mr. Ormond Loomis for his yearn
or public ocrvicc to the community.
Commissioner Hall recommended amending the City Commission meeting minutes
or January 18, 1971, Item #1 to show that the new sign waD approximately the
same size as the old one. Commissioner Hall moved that the minutes 01' the
regular meeting of January 18, as amended and the special meeting of January
26, 1971 be approved as recorded and au submitted in written Bummation by the
Clerk to each CommIssioner. Motion was seconded by Commissioner Wachtler and
carried unanimOUSly.
ITEM #1 - Public Hearing - PaVing, Curbs & Drainage - Prospect Ave"
Jeffords to Lakeview. The City Manager explained the project and stated that
9 property owners were in favor and 5 opposed at this time. The City Engineer
reported ,that two preliminary hearings had been held, one 1'01' that portion of
Prospect Ave. from Lakeview to Tuskawilla with an estimated cost of $4.24 per
front foot., He explained that this was less than normal because of using the
existing brick pavement which puts it under the City 1/3-2/3 assessment policy.
He then explained that that portion of Prospect from Tuskawilla to Jeffords
had an estimated cost of $8.11 per front foot, as this portion had no improve-
ment at all. A Mr. Calhoun asked about corner credit. The ,City Engineer
reported that he, would be given 50 ft. credit. The City Clerk reported a
letter of objection from Ruby Calhoun, owner Lot 7, Block 11, Milton Park.
Discussion ensued. Commissioner Carlson moved that since no valid objections
have been filed, that the paving, curbing and drainage 01' Prospect Avenue,
Lakeview to Jeffords St. 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.
ITEM #2 - Public Hearing - Request for Annexation and Determination &
Establishment of Zoning & Fire District Classification:
a. Lot 35 Oakland Heights Sub. (Frost) with B (business) zoning and
Fire District No. I classification thereon. The City Manager explained the
request and read the recommendation of the Planning & Zoning Board 1'01'
approval. There were no objections. Commissioner Carlson moved that the
l'equest for annexation by Ronald Frost for Lot 35, Oakland Hgts. Sub. with B
zoning and Fire District No. 1 classification be approved and the City Attorney
be instructed to include this' in an ordinance to be brought back to this
Commdssion for approval as soon as possible. Motion was seconded by
Commdssioner Hall and carried unanimously.
b. NW 1/4 of SW 1/4*le8s North 322 ft. Section 2-29-15 (City) with P
(public) zoning and Fire District No.2 classification. *01' SW 114
c. SW 1/4 or NW 1/4 less railroad right of way and less U.S. 19 (S.R.No.55)
right of way, Section 8-29-16, with P (public) zoning and Fire District No.2
classification.
The City Manager explained these two items were part of proposed park areas and
recommended considering them together. The Planning & Zoning Board recommel~ned
approval. There were no objections. Commissioner Carlson moved that the
request for annexation by the City of Clearwater for P (public) zoning and
Fire District No.2 classification thereon, be approved and the City Attorney
be instructed to include this in an ordinance to,be brought back to this
Commission for approval as soon as possible. Motion was seconded by
Conunissioner Hall, and carried unanimously
ITEM #3 - Request for Beverage Zoning. Limited Properties, Inc. (M-B-M
Lounge) for sale of beer and wine for consumption on the premises at 2800 Qulf-
to-Bay Blvd. (Sec. 17-29-16). This item was continued from January 26, '197l.
The City Manager reviewed the item and reported objections had been received
, , .. from Pinel1as County Sch90l Board and Bay View Civic Club. He also stated
",'",:, ,'.. ",' that Mr.: A. T. Cooper, III was ill and requested postponement. The Mayor
',.?i:::",,~,~;~';:":;:' ;: ", ..r~po,rted tha,t Mrs~ Nancy Meador, 510 Bay View Ave. had objected,previo.usly'
Mt~~.r~<~':~~';';::",. :,' ': \~ ,to,'h1m. Mr. James F. Burns, ,one of the applicants stated that he has children
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, CITY COMMISSION MEETING
February 1, 1971
in Eisenhower School which is almost one mile away from subject property, that
the opening hours will corne, after the children have gone to school and they..
expect to renovate property and had considered placing a shelter for the
children to wait for Bchool busses which piok them up approximately 300 ft.
North of Gulf to Bay Blvd. The City Attorney spoke of a new rCQueat from
Mr. Cooper, attorney~ rCQuesting full quota type bevc~age license. He also
stated that any estab1iehment of this nature must be 500 ft. from school
grounds. Mr. George Roes, ~ecretary Bay View Civic Club spoke in objeotion
BS did Mr. CharIee Davi8ton~ owner of property to the F~st of the applicant.
Diocussion followed. Commissioner Hall moved because of hardship to
surrounding neighborhood that tho requcot bo denied without prejudicc.
Motion was seconded by Commissioner Williams. Upon the vote being taken
Oommissioners Williams, and Hall voted lIaya". Commissioners Wachtlert
Carleon and Mayor Hougen voted IInoll. Motion did not carry. Commissioner
Wachtler moved that the request be granted for all classes and the City
Attorney be instructed to prepare an ordinance for the location to be brought
back to the CommisDion for approval as Boon ae pOSSible. Motion was seconded
by Commissioner Car1Bon. Upon the vote being taken Commissioners Wachtler,
Carlson and Mayor Hougen voted "aye". Commissioners Williams and Hall voted
"No". Motion carried.
The City Manager recommended changing the date of the regular meeting
rrom February 15, 1971 to February 22, 1971 beoause the Florida League or
Cities annual conference is being held in Orlando on the 15th. CommiSSioner,
Carlson moved that the next regular meeting be held on February 22, 1971 at
1:30 P.M. Motion was seconded by Commissioner Hall and carried unanimously.
ITEM #4 - Public Hearing - Contd. from 12-14-70 - Aquatic Park Zoning
(to be contd.) It was recommended by the City Manager that this item be
continued to February 22~ 1971 at 1:30 P.M. Commissioner Carlson moved that
this item be continued to February 22, 1971, at 1:30 P.M. Motion was
seconded by Commissioner Hal1~ Upon the vote being taken Commissioners
Car1eon, Hall, Wachtler and Mayor Hougen voted "ayell. Commissioner Williams
voted "no". Motion carried.
ITEM #5 - Resolution in support of Federal Revenue Sharing. The City
Attorney read Resolution #71-11 endorsing President Nixon's proposal to Congress
for a revenue sharing program to return certain monies to local governments.
Commissioner Hall moved that Resolution 1111-11 be passed and adopted and the
appropriate officials be authorized to execute it. Motion was seconded by
Commissioner Wachtler and carried unanimOUSly.
ITEM #6 - Contd. - Underground Wiring Ordinance #1301. The City Attorney
explained proposed changes in the ordinance to include definitions of feeder
lines and major branch lines and to exclude Buch lines from the underground
requirement. A discussion followed regarding these deletions. Commissioner
Carlson moved that Ordinance #1301 be amended by addin~ Paragraph 12 A 1 & 2
definitions and including in paragraph 12 B the words 'except feeder lines
and branch lines". Motion was seconded by Commissioner Hall. Upon the vote
being taken CommissionersCar1son and Hall voted "aye". Commissioners
Williams, Wachtler and Mayor> Hougen voted 1rnoJl. Motion did not carry.
Discussion ensued.
Commissioner Car>lson moved that Ordinance #1301 be read and considered on
second and final reading by title only at this meeting by unanimous consent of
the Commission, as originally proposed. Motion was seconded by Commissioner Hall
and carried unanimously. The Ordinance was read by title only. Commissioner
Carlson moved that Ordinance #1301 be passed on its second and final reading
and adopted and that the appropriate orricials or the City be authorized to
execute it. Motion was seconded by Commissioner Hall and carried unanimously.
ITEM #7 - Request for Ordinance re Violation of Use or American Flag.
The City Manager explained thio request was made by the American Legion.
Discussion ensued regarding whether this should be state or national.
Commissioner Carlson moved that the City Attorney be directed to prepare an
ordinance USing Federal Statutes regarding control and violation of flag use.
Motion was seconded by Commissioner Hall and carried unanimously.
ITEM #8 - Acceptance of Plat - Highland Oaks Estates. The City Manager
presented the plat of Highland Oaks Estates for approval. Commissioner Carlson
moved that the plat be accepted as outlined by the City Manager and the proper
officials be authorized to execute it. Motion was seconded by Commissioner
Hall and carried unanimously.
ITEM #9 - Contd. - Request for Waiver of License, Junior Service League.
The City Manager recommended approval of this waiver of license, for the Antique
Show and that a provision or the motion be that the policy in the future be
that ~lere there is any profit motive at all it shall be the policy of ,the City
Commission not to grant waivers of license of that type. Discussion relating
to sale of services or merchandise. Commissioner Carlson moved to grant the
Junior Service League a'waiver of license fee for Antique Show to be held in
the Municipal Auditorium between the dates of February 21 and 26 and further
, ',' ,instruct the City Manager to advise the Junior Service League and any other
", ~pplloants that where there is a profit motive involved, display of merchan-
',':Jj\,:,;,<:,\;:'>.dlse and/or sale of merchandise, connected with an exhibit of this category
,,\::f~';\;:~Y:,~,{ ',,;,, ,,: 'that, it shall be the pol1cy ot the City Commission'in the.t'uture to not grant
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CITY COMMISSION MEETING
FebI'uary 1, 1971
the waiver of required licenses, Motion was seconded by Commissioner Hall and
oarried unanimously.
ITEM #10 - Appointments to Election Board. The City Manager presented
reoommendations of tho City Clerk for approval of replacements to the poll
workers 1iDt of thODe unable to serve. Commisoioner Hall moved to approve
the list of poll workcro for the February 9, 1971 election ao oubmitted by
the City 01erk. Motion waB I3coondcd by Commlsuioner Wachtler and carried
unanimouoly.
ITEM #11 - Request for Annexation.
Lot 11, Blk D, Virginia Groven Terrace, 5th Addn. (Whitc)
The City 'Manager rcported that the applicant was asking fOI' R-ID zoning.
Commissioner Hall moved that the requcot for annexation by Martin White as
outlined by the City Manager be aocepted and referred to the proper City depart-
ments for appropriate action and public hearing. Motion was scconded by
CommiDDioner Williams and carried unanimously.
ITEM #12 - Bido, paving, Curbs and Drainage - Turner, Keystone to Spencer;
Spencer, S. from TUI'ncr 300 ft. The City Manager recommended the bid of Campbell
Paving CompanY, Commissioner Williams moved upon the recommendation of the City
Manager and Clt~ Engineer that the contract be awarded to Campbell Paving Con~Dny
for the Bum of $l7,664.50~ which is the lowest and best responsible bid and that
the appropriate officials of the City be authorized to execute said contract'
which shall be 1n accordance with the pIano and specifications and bid. Motion
was seconded by CommiSSioner Wachtler and carried unanimously,
ITEM #13 - Blds~ 1971 Street Sealing. The City Manager recommended accepting
the bid of Campbell Paving Company. Commissioner Carlson moved upon the recommenda-
tion of the City Manager that the contract for the 1971 street Sealing Program be
awarded to Campbell Paving Company for the sum of $62,237.07, which is the lowest
and best responsible bid and that the appropriate officials of the City be author-
ized to execute said contract which shall be in accordance with the plans and
specifications and bid. Motion was seconded by Commissioner Hall and carried
unanimously.
ITEM #14 - Bids, Alley paving, Approx. 150 ft. E, of S. Ft. Harrison Ave.
between Rogers & Turner. The City Manager recommended accepting the bid of
Campbell Paving Company. Commissioner Curlson moved upon the recommendation
of the City Manager that the contract be awarded to Campbell Paving Company,
for the sum of $3,l36.10t which is 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 with the plans and specifications and bid. Motion
was seconded by Conunissioner Hall and carried unanimously.
ITEM #15 - Bids, Mandalay Park Pier. The City Manager recommended the bid
of Misener Marine Construction, Inc. The City Engineer explained that a
supplemental proposal waB accepted from the three low bidders to incorporate
Borne additional work and transportation and placement of material removed at
the Clearwater Pass Bridge. He pointed out that Misener Marine was making no
cha~e for this supplemental work which made them the low bidder. Commissioner
Carlson moved upon the recommendation of the City Manager that the contract for
supplemental bid f'or Mandalay parlt Pier be awarded to Misener Marine Construc-
,tion, Inc., St. Petersburg for the sum of $56,785.00, which is the lowest and
best responsible bid and that the appropriate officials of the City be author-
ized to execute said contract which shall be in accordance with the plans and
specifications and bid. Motion was seconded by Comrniss~oner Hall and carried
unanimously.
The City Manager recommended authorization for the official family to
attend the Florida League of Cities Conference on February 14, 15, and 16t 1971
in Orlando. Oommissioner Williams moved that the expenses be authorized as
recommended by the City Manager. Motion was seconded by Commissioner Wachtler
and carried unanimously.
The City Manager stated the need to establish a date for the quarterly
zoning meeting and March 22, 1971 was recommended. Commissioner Williams
moved that the quarterly zoning meeting be held on March 22nd, 1971. Motion
was seconded by Commissioner Wachtler and carried unanimously.
The City Manager presented a request from Robert Wilson. attorney, for
rezoning of' his property at the corner of Greenwood and Druid Rd. He reported
that a previous request had been denied at a publiC hearing but that the court
had directed the City to hold another hearing on the application. Mr, Wilson
. was present and stated that he would need either B (business) or PRS (profes-
sional & related services) zoning to lease the property for European Health
Spa and possibly a professional building later. Even though B (business)
z~ning allowed building to the lot line Mr. Wilson said he would agree to any
reasonable setback for the property. After further discuBsion it was
'recommended that he file his application as soon as possible.
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CITY COMMISSION MEETING
February 1, 1971
ITEM#18 - Ord. #1301 - Underground utilities - 2nd Rdg\. (See Item #6)
, ITEM#19 - O~d. #1307 - Annexing & Zoning Lot 2, Nob Hill Sub. - (Corp);
Portion of Sec. 17-29~16 (Stone); and Portions of,Seo. 11-29-15 (Cribbs &
Ownbey). Commissioner Williams moved that Ordinance #1307 be, read and con-
sidered by title only on the first reading by the unanimous consent of the '
Commission. Motion was seconded by Commissioner Wachtler and carried unani-
mously. The Ordinance was read by title only. Oommissioner Williams moved
that Ordinance #1307 be passed on its Ciret reading.' Motion was seconded by
Commissioner Hall and carried unanimously.
Commissioner Williams moved that Ordlnance'#1307 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 oeconded by Comrndosioner
Hall and carried unanimously. The Ordinance waD rend by title only. '
Commiasloner,Williama moved that Ordinanoe #1307 be passed on ita second and
final reading and adopted and that the appropriate offiolals of the City,be
authorized to execute it. Motion ~aB seconded by Commissionor Wachtler and
carried unanimously.
ITEM #20 - Ord. #1308 - Amending Zoning Map of City. Commissioner Hall
moved that Ordinance #1308 be read and considered by title only on the first
reading by the unanimous consent of the Commassion. Motion was seconded by
Commissioner Carlson and carried unanimously. The Ordinance was read by ti~
only. Commissioner Hall moved that Ordinance #1308 be passed on its first
reading. Motion was seconded by CommiSSioner Williams and carried unanimously.
Commissioner Hall moved that Ordinance #1308 be read and considered on
second and final reading by title only at this meeting of the Commission by
unanimous consent of the Commlssion. Motion was seconded by Commissioner
Williams and carried unanimously. The Ordinance was read by title only.
Commissioner Hall moved that Ordinance #1308 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 seoonded by CommiSSioner Williams and
carried unanimously.
ITEM #21 - Resolution - Assessing Costs for Demolition under Minimum
Housing.
Lot 9 and West 8.5 ft. of Lot 10, Block E, Jurgen~ Addition
806 Palmetto 'St. (Mollie Wooding & James A. Wooding, Jr.)
Commissioner Williams moved that Resolution #71-12 be passed and adopted and
the appropriate officials be authorized to execute it. Motion was seconded by
Commissioner Wachtler and carried unanimously.
ITEM'#22 - Resolution - Setting Date for PUblic Hearing for Installation
of Sanitary Sewers under Legislative Act for Oak Lane & Price Circ~E.
Commissioner Carlson moved that Resolution #71-13 be passed and adopted and
the appropriate officials be authorized to execute it. Motion was seconded by
Commissioner Hall and carried unanimously.
ITEM #23 - Resolution to Governor re Inspection of Mufflers. Commissioner
Hall moved that Resolution #71-14 be passed and adopted and the appropriate
officials be authorized to execute it. Motion was seconded by Commissioner
Carlson and carried unanimously.
ITEM #24 - Resolution of Recognition. The City Attorney presented Reso-
lution #71-10 recognizing Robert Longstreet, retiring newsman in Clearwater
and Pinellas County. Commissioner Wachtler moved that Resolution #71-10 be
passed and adopted and the appropriate officials be authorized to execute it.
Motion was seconded by Commissioner Williams and carried unanimously.
ITEM #25 - Assessment Resolution - Constructlon of sanitary sewers in
Tioga Avenue and South Washington Avenue~ from Lakeview to South Street.
Commissioner Wachtler moved that Resolution #71-15 be passed and adopted and
the appropriate officials be authorized to execute it. Motion was seconded
by Commissioner Will~ams and carried unanimously.
ITEM #26 - The City Attorney outlined the proposed agreement with Loomis
C. Leedy, Jr., representing PierC~J Wulbern., Murphy, Inc. and atated that the
agreement had a 30-day cancellation clause. It was recommended the agreement
be amended to include lithe rates above quoted would apply to any issue as a
whole, regardless of' whether sold in increments or not" Commissioner Wachtler
moved that the proper City orficialB be authorized to execute the agreement
with the fiscal agent as amended. Motion was seconded by Commissioner Hall and
carried unanimously.
ITEM #27 - Authorizing Execution or Amendment to Lease - Better Clearwater
Corp. Inc. This amendment deletes property in Block C, Norwood 1st Addn.
'Commissioner Carleon moved that the amendment to the lease be approved with
Better Olearwater Corp. Inc. and the proper officials be authorized to execute
,it., "Motion was seconded by CommiBsioner wachtler and carl~1ed unanimously.
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CITY COMMISSION MEETING
, Februa'ry 1, 1971
ITEM #28 ~ Olearwater Pavilion Note Renewal. The City Attorney explained
this not~ must be renewed tor a reduced amount each year tor the South Beaoh ,
Pavilion. Commissioner Wachtler moved that the, note for $30,000 at 3-l/2~ be
renewed and the appropriate officials be authorized to exeoute it. Motion was
seoonded by CommisSioner Williams and oarried unanimously.
ITEM #29 Aoccptanoe of Eascments, R/W deeds and restriotions.
Easement sW l/I~, of NE 1/4, Seot. l7M29-16 - William D. Stone, Jr.
Deed - Right of Way in SW 1/4 at NE l~, Seot. 17-29Ml6 William D. s~one, Jr.
Easement M NW 1/4 at SW 1/4 of NE 1/4, Sect. 23M29-15 - r~rion Polioh
Deed - Right at Way 1n SE 1/4 of' SW 1/4, Sect. 14-29-15 Clearwater'
Community Hospital. .
, Restrictions - at 1 story' buildings only on vacated right of way Skyview
Avo. West of Lots 53, 54, & 69, First Addn. to Gates Knoll
and part ot TU8eola Rd. - Kalmia Apartments, Inc.
Quit Clainl Deeds - tor La Salle St. and N. Greenwood Ave. from Lucille
Cunningham, Roxie Tillman, James H. Hatten, O. Z.
Wilson, Sam Singletary, George T. Turner, Henry
Sheffield, C. C. Rutledge, Jr., Virginia Maxwell
Slma, Fannie Walls, Callie H. Blount, Herman Collins
and Pentaoost Assembly ot the World Church.
Deed - Right ot Way in NE 1/4, Sect. 11-29-15 - Charles H. Cribbs and
Nellie B. Ownbey.
Commissioner Carlson moved that the easements, deeds and restrictions as outlined
by the City Attorney be accepted and the City Clerk be directed to record the
same in 'the public records 01' Pinellas County, Fla. Motion was seconded by
Commissioner Hall and carried unanimoUSly.
Mayor Hougen reported.receipt of' a letter from Mr. Joseph R. Dembeck,
President, U. S. Steel Realty Development, suggested the City make an otter
tor whatever portion of'Sand Key the City might wish to purchase. Considerable
discussion ensued with the Mayor suggesting getting an expression of public
opinion regarding the amount to be purchasedj Commissioner Williams thought
the City Manager and Mayor, because of' the Mayor1s real estate experience,
should do the negotiatingj and Commissioner Wachtler recommend immediate
action with Commissioner Hall ooncurring therein. Commissioner Williams moved
that the City Manager get an appraisal and that the City Manager and Mayor.
prooeed on this basis. Motion was seconded by Commissioner Hall and carried
unanimously.
Attest:
5:15 P.M. Motion
Commissioner Hall moved that the meeting
was seconded by Commissioner Carlson and oarr
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