08/16/1971
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CITY COMMISSION MEErINO
August 16J ,1971
The City Commiaoion of the City oi' Clearwater met in regular session at
the City HallJ MondaYJ August 16, 1971, at 1:30 P.M., w1th the following members
present:
H. Everett Hougen
Donald S. Williams
Donald Carloon
Richard'D. Wachtler
'Absent:
Mayor-Con~iaaioncr
Conuniosioner
Commissioner
. Commissioner
Joseph Carwlae
Also'present were:
Merrett R. Stierheim
Herbert M. Brown
Max Battle
Sgt. Bernard Enlow
Commiasioner
City r-tariager
City Attorney
City Ene;ineer
Representing Police Chie~
The Mayor called the meeting to order. The invocation was given by Dr.
Earl WOli'J Peace Memorial PresbyterIan Church. The Mayor recognized 6 girls from
Oak Qrove Junior High oi' Oirl Scout Cudet, Troup 1/231 worl<ing on their government
badge. The Mayor presented pins to a number o~ City employees for various years
oi' service. Commisoioner vlachtler moved that the minutes of .the opecial meeting
of July 26th and the regular meeting of August 2nd, be approved aD recorded and
aD submitted in written summation by the Clerk to each CommisGioner. Motion waG
,seconded by Conuni s'sioner Carl son and carried unanimously.
ITEM #1 - A public hearing on Lot Mowing Resolution 1111-89. The City Attorney
explained the resolution. The lots were considered a menace to publiC health,
safety and weli'are. There were no objections. Con~iBsioner Carlson moved that
Resolution 1171-89, passed on August 2, 1971 be confirmed and made efi'ective as
to all persons and parcels listed thereon, except i'or thosc 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 nccord-
'ance with law to see that the lots are cleared. Motion was seconded by Commissioner
Wachtler and carried unanimously.
ITEM 112 - A public hearing on Sanitary Sewers - Lots not prcsently served in
Bloclt B, Crest Lake Park Subd. The City Manager explained the project and stated
that oi' the eight properties involved five were in favor and three opposed.
Ed\1Brd Schwarz, M. E. Blackert and fl'lrs. Beatrice Rocco spoke in objection. The
City Engineer stated he expected the State to outlaw septic tanks, and reported
the estimated assessable coat as $3.8l1 per front i'oot. The City Clerk reported
receipt of 3 letters i'rom those speakinG 1n opposition. Commissioner Carlson
moved that since no valid objections have been filed that the installation of
sanitary sewers in Block B, Crest Lake Park Subd. be approved and the City Manager
and th3 City hngineer be directed to forthNlth proceed with such improvements as
an assessment project. Motion was seconded by Cornmlssioner Williams and carried
unanimOUSly.
ITEM 113 - A pUblic hearing on Sanitary Sewers - Properties on S. Mercury not
. presently served, also Lots 9 & 10, Blk A, Gunns Addn. The City Manager explained
the project and reported an estimated assessable cost per i'ront foot of $8.98 with
5 owners in favor and 1 opposed. He also stated that Ii' easements were obtained
in the rear of the properties the estimated cost per front i'oot would,be reduced
to $6.05. The City Clerk read a letter in favor from Mrs. Helen Conlin.
Cornmiasioner Williams moved that since no valid objections have been filed that
the installation of sanitary Dewers i'or South Mercury Ave. not presently served,
and Lots 9 & 10, Blk A, Gunns Addn. be approved and the City ~~nager and the City
Engineer be directed to i'orthwith proceed with such improvements aa an assessment
project. Motion was seconded by Commissioner Carlson and carried unanimously.
ITEM #4 - Zoning Amendments Continued: - Public Hearings on the following
,items:
a. Request of Richard L. Kamenslty, Trustee, ~or NEt oi' Nwk Section
1-29-15 to be ohanged from R-1IB (multi-family) to PUD-R (planned
unit development-residential). The City Manager explained that
this item had been continued i'rom July 26, 1971, pending negoti-
ation for lOcation of publicly dedicated park land. The developers
had proposed a park in the center of project, but it was thought
it would be more desirable if this land was situated where it
could be more accessible by the public. Approval was,recommended
concurring with the planning & Zoning Board recommendation. James
StacYi 1610 N. Ft. Harrison Ave. presented a plan Showing the pro-
posed park land fronting on N. Hercules Ave. and stated the density
would be about 9 units per acre. Commissioner Carlson moved that
the request of Richard L. Kamensky for change of zoning on above
property from R-4B to PUD-R with site plan be approved and the City
Attorney be instructed to include this in an amendment to the Zoning
P Ordinance to be brought back to this' Commission for approval as soon
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CITY' COMMISSION MEmTINO
August 16, 1971
b. Request of Japanese Garden Eatutes, Inc. in Section 20-29-16
to be changed Erom MH (mobile home park) to R-3B (multi-family).
c. Request' of Frank J. Muscarella, Jr. for Lots 6~9 incl.J Block
19, Mllton Park Roplllt to bo changed fl'om R-4D (multi-family) to
B (business). '
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The City Manager reported receipt of letters of withdrawal for the above
itemo. The City Att'orney ouid if itoma Wel'e approved to be withdrawn, without
projud:1.ce, the applicants might want to reviDe their reque3t and file another
appl1caUon. Comm1Doioncr Wachtler moved to approve the withdrawal of Item
l~ b. and Item It c. without preJudice. Motion was seconded by Commiasioner
Williams und carried unanimously.
. ITEM #5 - Resolution - Acquioition of Sand Key. The City Manager reportod
that the attorney had dro\'m up a resolution authorizing condemnation prooeec1ings
to acquire part of Sand Key for park and recreational purposes. .The City Attorney
read Resolution Inl-90 in full. The Mayor recognized Mr. J. R. Dembeok, United
StateD Steol Realty who rend a typed statement relating to the various negotiatio~s
that have taleen plt.lcc and particular).y their proposals for pUblic beaoh, etc. The
'statemen1, also criticized the appraisal value received by the City. The Mayor
commented that the City desired the North 1/3 of the Key. The City Manager com-
mented that they had been denied consideration to purchase the desired 1/3 by Mr.
Wrieht's eotate prior to the purchase of the Key by United States Steel Realty.
M.t'. H. H. Busk.in, Jr. spol<e as ,an interested citizen exprcGl3ingthe opinion that
the resolution would rorce United States Steel to set up attorneys' fees and other
costs which would be charged against the CitYJ plus the damage to the remaining ,
Prroperty which might be considered extensive. fw recommended negotiation in a
ttown hall meoting". The Mayor aaked Mr. Dembeck i1' they \'1ould be willing to
negotiate to avoid condemnation proceedingD, if the City and United States Steel
appraisals showed a \ude d11'ference. A1'ter considerable further discussion,
Commdssloner Williams moved that Resolution #71-90 be passed and adopted and the
appropriate off:1.cials be authoriZed to execute it. Motion was seconded by
Commissioner Wachtler nnd carried unanimously. '
ITEM 1/6 - Resolution - Clearwater Transit. COlnmissioner WilliamsJ Secretary-
Treasurel:' or the Central Pinellas Transit Authority spoke or the large capital'
outlay neededin the 3 years of operationJ that the application 1'01' Federal funds
requires the local authorities to provide approximately $133,OOOJ Clearwater's
share being $67J69l. He further stated that they proposed a re1'erendum later for
providing 1'uture funds. He also reported that Largo had allocated their portion
and Dunedin was expected to this date. During a discussion on the matter the City
Manager explained some of the conditions ot the Federal and State requirements
indlcatine that the local contribution would be 1/6 of the totalJ the Statels
share 1/6 and the Federal contribution 2/3 of an estimated 3/4 million dollars.
It was recommended that the funds be prOVided from the gas tax allocated to the
City. Commissioner Williams moved that Resolution Inl-91 be passed and adopted
and the appropriate officials be authorized to execute it. Motion was seconded
by Commissioner Wachtler and carried unanimOUSly. '
ITEM 1/1 - Head Start Pre-School Program. The City Manager presented an
agreement with Head Start to take over the former Elks Nursery property} but recom-
mended amending the lease for ttle building to revert to the City. Commissioner
Williams moved that the agreement as outlined by the City Manager between the
City and Head Start Pre-School Program as amended be approved and the appropriate
officials be authorized to execute it. Motion wao seconded by Commissioner
Carlson and carried unanimously.
ITEM #8 - Request for Vacation of Portion of South Street. The City Manaeer
explained thut Harrison Furniture Co. had requested the vacation or portion of
South street i'or t,hem to use for parking in their proposed C!xpansion program.
Commissioner Carlson moved that Resolution #71-92 be passed and adopted and the
appropriate officials be authorized to execute it, SUbject to improvements of
Missouri Ave. Motion was seconded by Commissioner Wachtler. Upon the vote being
taken Commissioners Carlsonl Wachtler and Mayor Hougen voted I1Ayel1. Commissioner
Williams abstained because of a conflict of interest. Motion carried.
ITEM #9 - Sanitary SewerB for Marjohn Avenue. The City Manager explained
the project, stated that there were 51 properties total with all but 3 developed
and 26 property owners had signed a petition requesting sanitary sewers. It was
recommended that a public hearing be held on September 7th. Commissioner WaChtler
moved that Resolution 1fr1-97 be passed and adopted and the appropriate officials
be authorized to execute it. Motion was seconded by Commissioner Williams and
carried unanimOUSly.
ITEM #10 - Requests 1'or Annexation:
8. Lots 10 & llJ Block A, Stevensonls Heights, with R-1D zoning (Cox
8= Barnes)
b. Acreage Tract S Side of Sft 588 with R-IC zoning (Flaquad)
c. ,Lot 7, BlOCk AJ Pine Ridge Subd. with R-ID zoning (ShankS)
d. Lots 16 thrU 18) Block B, Sunset Point Estates With B (business)
zoning. ,( $outh1and Corp.)
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CITY COMMISSION MENrINO
August 16J 1971
Commissioner Williams moved thut tho requests for annexation as outlined by~he
City Manager, be aocopted and ~e~crrcd to tho proper City departments for appro-
priate aation and publio hearing. Motion \mo seconded by Commissioner Carls~n
and oarried unnnimouoly.
ITEM #11 - Bids, (contd.) Paving, Curbo & Drainage ~ San Juan Courtl
Hil1crost to Gulf to Say. The City Manager explained that this item had been
heard previously on July 19th and AUBuat 2ndJ with entire proj~ct being recom-
mended. Commissioner Williams moved upon the recommendation or the City Manager,
that the contract for pav!nSJ curbs and drainage of San Juan Court, Hillcrest
to Gulf to Bay be awarded to John Daniels PAving Co. for the sum of $18,350.45.
which 18 the lowest and best responsible bid and that the appropriate officialB
be author12ed to execute said contract whioh ohalll:e in accoX'danoe with the
plans and apccifioationa and bid. Motion wos seconded by COllUnlaoioner Carlson
and carried unanimously.
ITEM #12 - Bids, Renovation of Pier 60. The City Manager recommended the
bid of Pressure Concrete Construction Co. Florence. Ala. Commissioner Carlson
moved upon the reconuncndation of the City Milnager that tho contraot be awarded
to Pressure Concrete Construction Co.) for the Dum or $30,014.soJ which ia the
loweot and best responsible bid and thnt the appropriate ofricials of the City'
be authorized to execute auid contract which ohall be in accordance with the
plans and apeciCicationa nnd bid. Motion waD seoonded by COlnmiosioner Williams
and carried unanimously.
ITEM #13,- Bids) Steel pipe for Ouo DIvision. The City Manager recommended
accepting the bid of Consolidated Pipe & SupplYJ Birmingham) Ala. Commissioner
Carlson moved upon the recommendation of the City r-IatHlgcr that the contract be
nvmrded to Consolidated Pipe & Supply for the sum or $28J68S.61) which 1s the
lowest and beat responsible bid and that the appropriate ofric1als of the City
be authorized to execute said oontract l~1ich shall be 1n accordance with the
plans and specifications and bid. Motion was seconded by Commissioner Wachtler
and carried unanimouoly.
ITEM #14 - The City Manager presented a request for authorization to enter
into an option to purchase contract not to exceed $5JOOO for 6 months if possible
with the Eugene Turner family for park land containing 18 acres at the NE corner
of Sunaet Point Rd. and Hercules Ave. in Scction 1-29-15 (part of SW~ of NEt).
He also reported that the asking price is $10)000 per acre and that the City,has
received 2 appraisals at this time, and a third is expected soon. Commissioner
Wachtler moved that the contract as reoommended by the City Manager be approved
and the appropriate officials be authorized to execute it. Motion was seconded
by Commissioner ~l1l1iams and carried unanimously.
The City Managor presented Change Order #1 to the contraot with Campbell
Paving Co.) for resurracing. The City Engineer explained it was for the street
into Ross Norton Park) Sid Licltton Field parking lot, part of Railroad Ave.)
East Ave. J and Highland Ave. between Druid Rd. and Lalceview. DiSCUSSion ensued.
Commissioner Wachtler moved that the Change Order be approved as recommended by
the City Engineer) increasing the contract 1n the amount of $11J825.00. Motion
\1aS seconded by Commissioner Williams and carried unanimously.
ITEM #16 - Ordinance #1338 - Annexing & Zoning Portion of Section 19-29-16 -
Humble; Pt. 8-29-16 - Battaglia, Pt. 8-29-16 - Reagan; Lot 48 Skyline Or. - Heishman;
Lot 19) Blk c) Palmetto Terrace - Hor'nbeck; a.nd 8-29-16 - City. Mr. H. H. Basl<inJ
Jr. representing Battaglia - Reagan reviewed the restrictions to be included in
an agreernentbctween the City and the property owners such as or the 190 acres
75 would be Single family and the balance R-3C (multj.-familY~ ldth net density
of 11 per acre or 1650 units on the R-3C tract; a 9 acre tract for park adjacent
to Eisenhower School property; natural gas to be available to the residents'of
the area who vmnt it; 50 ft. right of way a10n~ railroad; other right of way for
ingress and egress particularly to the North; :ji15,000 contribution for paving ?!-
of Drew St. extension right of t~y. He stated that the Battaglia tract haS been
sold to La-Monte Shimbcrg but the Reagan tract which ,nll also go to them has not
been closed at thin moment. The City Attorney stated that i1' the Conud ssi on
passed the ordinanco that they had 5 days to approve or disapprove the agreement
at which time the ordinance had to be advertised either including such property
or deleting it from Ordinance #1338. The City Manager recommended approval
pending the S day poriod as outlined by the City Attorney.
Conunissioner Waohtler moved that Ordinance #1338 be read and considered by
title only on the first reading by the unanimous consent of the Commis&ion. Motion
was seconded by Cowmissioner Williams and carried unanimOUSly. The Ol'd1nance \'tas
read by title only. Commissioner Williams moved that Ordinanoe #1338 be passed on
its first reading. Motion was Beconded by Commissioner Wachtler and carried
unanimously.
Commissioner Williams moved that Ordinance #1338 be read and conoidered on
seoond and rins1 reading by title only at this meeting of the Commission by
unanimous consent of the Commission. Motion was seconded by CommiSSioner Wachtler
and oarried unanimously. The Ordinanoe was read by title only. Commissioner
Williams moved that 0~d1nanoe #1338 be passed on its second and tinal reading and
,adopted and that the appropriate officials of the City be authorized to execute
it. Motion was, seconded by Commissioner Wachtler and carried unan:S,mous1y.
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CITY COMMISSION MEETING
Auguot 16, 1971
ITEM #17 - Ordinance 111339 - Ame~ding Sec. 14-1~4 of Code rc Distribution
ot Handbills, etc. MI". Horace Andrewa of: Harris & Harris, attorneys for ,
American Delivery System Inc., said they distribute advertising material, to '
residents by stuffing handbillo in pla[ltic ba~o that can be affixed to doorknob
o!' home. ' They \'lou1d like to obtain permits and [5ot into operation. DincuoDion
enDued.
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Commissioner Wi11:1.ams moved that Ordinance 111339 be rend and considered by ."
titlo only on the i'irot rcndine by the unnnimoUI3 conDcnt of the CommisGion.
~Iot1on was seconded by Commissioner Corleon and corried unanimously. The
. Ordinance wae reod by title only. Comm1sa10ner WilliamG moved that Ordinance
#1339 be passed on its first reading. MotIon waD seconded by Commissioner Carlaon
and carried unanimously.
" Commissioner Williams moved that Ordinance #1339 be read and, considered on
second and final reading by title only at this meetine; of the Commission hy 'I
unanimous conoent of the Commission. Motion was seconded by Commiosioner Carlson
and carried unanimously. The Ordinance waG read by title only. Commissioner
Carlson moved that Ordinance #1339 be pansed on its second and final reading and
adopted and tha t the appropriate 01'.1'1 dala 0.1' the Oi ty be authorized to exeoute
it. Motion was seconded by Commissioner Wachtler and carried unanimously.
ITEM #18 - Resolution - Payment to Briley, Wild & Associates from Uti1.
Revenue cert., Series of 1969. The City Attorney presented Resolution #71-93
authorizing payment of $2,584.18 to BrileYJ Wild & Associaten, Conau1tine Engineers,
from Construction Trust Fund, Utility Revenue Certi!'icatcB, Series ot 1969.
Commissioner Carlson moved that Resolution 1f71-93'be passed and adopted and the
appropriate officials be authorized to execute it. Motion was seconded by
Commissioner Wachtler and carried unanimously.
ITEM #19 - Acceptance of Deeds, Easements, Restrictions. The City Attorney
presented the follOWing instruments:
Right of Way easement in Lot 3, Block BJ Slcycrest Unit 10 - Skycrest
United Methodist Church.
Special Warranty deed for right o!' way in the swk 01' sWl, Section
19-29~16 - Humble 011 & ReEining Company
Utility & drainage easement in the SNt ot: swk Section 19-29-16 -
Humble 011 & Refining Company.
Commissioner Carlson moved the deed and easements as outlined by the City
Attorney be accepted and the City Clerk be directed to record same 1n the pUblic
records of Pinellas'County, Fla. Motion was seconded by Commissioner Wachtler
and carried unanimously.
ITEM #20 - Lot Mowing Resolution. The City Attorney presented Resolution
#71-94 requesting owners to clear their lots and setting a public hearing to hear
objections thereto. Commissioner Williams moved that Resolution #71-94 be passed
and adopted and the appropriate officials be authorized to execute it. Motion
was seconded by Commissioner Wachtler and carried unanimously.
ITEM #21 - Resolution - TOPICS Program. The City Attorney presented
Resolution #71-95 requesting the Department and Bureau of Public Roads to use
TOPICS funds to improve the acceleration lane, deceleration lane and traffic
signal at the intersection of State Road 60 (Memorial Causeway) and Island Way
with plans and specifications to be prepared by the Department. Commissioner,
.Ca1'1son moved that Resolution #71-95 be passed and adopted and the appropriate
o!'ficia1s be authorized to execute it. Motion was seconded by Commissioner
Wachtler and carried unanimously. )
Mr. Aaron Bilgore spoke about criticism of his buildings in the press. The
Mayor replied that he had asked the Commission for their support to take any
necessary stepa to have the buildings either rehabilitated or condemned. Conmdssioner
Carlson recommended that the Mayor and City Manager get together with Mr. Bilgore
and his group to discuss the problem. Discussion ensued.
Mr. Louis Scimons spoke regarding figures given him regarding Marina. Upon
recommendation of the City Manager it was agreed that Mr. Scimens should meet with
the Finance Director and the City Manager.
The Mayor recommended eonr1rmation of the election o!' Melvin L. DuPaul as
the rirth member or the Flremen'B Supplementary Pension and Retirement Plan Board.
Commissioner,Wi11iama moved that the election be con!'irmcd. Motion was seconded
by Commissioner Wachtler and carried unanimOUSly.
The Mayor recommended con!'irmation ot the election o!' Charles W. Brettel, Jr.
and Joseph D. Molnar to the Firemen's Supplementary Pension and Retirement Plan
Board. Commissioner Wachtler moved that the election be confirmed. Motion waB
seconded by Commissioner Carlson and carried unanimously.
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CITY A:~~B!:!:~~~:::n~. ,.,' :,')';;:!'?',~~~;
1. ,Lot Mowing Resolution 1171--89 " ' "" '\.:.,~;,
2. Sanitary Sewers - Lots not presently ,> i'''',
served in Bl B:, Crest Lake Park.' Subd. ': :::>':']
3. Sanitary Sewers' - Propertie,s on S.'J .',,,'.'
Meroury not preaentlyserved, also
'Lote 9 &'10, Bl A, Gunna Addn.
4. Zoning Amendments Contd.:
a. W of Hercules between Union &
Montolair Rood (Kameneki) , ,
,b. Japanese Garden Estates, Ino.' ,"
(Withdrawn), . ,,"
c. Lots 6 to 9 incl., Bl 19,' ,Milton '
Porlt Replat (Muscarella) (Withdrawn)
, ...
Reports from City Manager
Resolution Acqu1oition of Sand Key:
Rcsolution Clcarwater Transit
Head Start Pre-School Program
Reque,at for Vacation of Portion of South
Street" ' .
9. " 'Sani bary , Sewers' 'for Mal'john Avenue
10. Requeats for Annexation:
a. Lots 10 & 11} Bl A, Stevenson's Hgts.
(Cox and Ba~nes) ,
.~.' b. Acreage Tract S Side of SR 588, '
(Flaquad) "
c. Lot 7, B1 A, Pine Ridge Subd. (Shanks)
d. Lots 16 thru 18, Bl B, Sunaet,Point
Estates (Southland Corp.)
,11. Bids} (Contd.) PaVing, Curbs & Drainage
San Juan Court, Hillcrest to Qulr to Bay
Bids, 'Renovation of Pier 60
Bids, Steel Pipe ror Oas DiviSion
Other Engineering Matters . .
Verbal Reports ~nd Other Pending Matters
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, AGENDA ,
OITY COMMISSION MEETING
, AUGUST 16" 1971' . .
",' 1 s 30 P. M ~
, \ "'Invocation' "
Introduotions
,Minutes of, preceding Meetings
'Pub1io Hearings
Reports from City ~m~ager
R~portB rrom City Attorney
Citizens to be Heard
." Other ConuniBs1on Action
Adjournment
Meeting Pension Plan Truoteea
12.
13.
14.
15.
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5.
6.
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Reports from City Attorney ,
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16.
Ord. #1338 - Annexing & Zoning Portion o~
Sec. 19-29-16; Portions of Sec. 8-29~16; ,
Lot 48} Skyline Groves Subd.; and~Lot 19 '
Bl C, Palmetto Terrace Subd. '
Ord. #1339 - Amending Sec. 14-44 of Code
re Distribution of Handbills} etc.
Resolution - Payment to Briley} Wild} Util~
Revenue Cert.} Series or 1969
Acceptance of DeedB~ Easements, Restrictions
Lot Mowing Resolution .
Resolution - TOPICS Program
17.
18.
19.
20.
21.
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