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03/04/1974 CITY COMMISSION MEETING Marcll II, 19711 ' ,The City Commission of the City of Clearwater met in regular session at ' the City Hall, Honday, March II, 19711, at 1:30 p,.mq with the following members present: ' H. Everett Hougen Donald S. Williams Richard D. Hachtler Joseph Carwise Rick Hall Mayor-Commissioner Commissioner CommiGsione:r ConunissioneI" Commisaioncl" Also present were: Picot D. Floyd Herbert 11. Drown Bax Dattle frank Daniels City Manager City Attorney City Engineer Police Chief The Mayor called the meeting to order. Chief Daniels. The Hayor presented the minutes of the meetings of February lBth and 'February 25th for connic1eration. Commissioner Hall moved that the minutes of the regular meeting of February 18th and the special meeting of February 25th be approved as recorded and as submitted in written summation by the Clerk to each Commissioner. Motion was seconded by Commissioner Wachtler and carried unanimously. ' The invocation was f,iven by The Mayor presented Ambassador at Large cards to eleven scouts who had I'eccntly received their Eagle aHards, t>lith one additional. card to he delivered to a scou.t \>1ho \>las absent. The Mayor presented mementos includinc plaques, a pair of cuff links, and a tie tack to retiroinp, Commissioners Hall and Hachtler and an hour8la66 to Commissioner Hall. Commissioners Hall and Hachtler exprossed'appreciation for the mementos and also expressed their pleasure at serving on the Commission. The Mayor and Commissioners Williams and Carwise then commended the retiring commissioners for their work on the Commission. The City Clerk administered the oath of office to the new CommissioneI's, Karleen F. De Blaker and John F. Rankin, and presented them with their certificates of election. The ne\>1ly installed officials then took their seats as Commissioners. ' The Mayor announced that 11r. Darwin Frank had resigned from the Housing Authority BoaI'll and recommended that former Commissioner Richard ~1achtler he appointed to serve the unexpired term of Mr. Frank. Commissioner,. Williams moved to approve the appointment of Mr. Wachtler to the Housing Authority Board. Commissioner Carwise seconded the motion which carried unanimously. The Hayor announced that Commissioner Carwise had a conflict of meeting dates and recommended that he be transferred from the Tampa Bay Area Rapid Transit Authority Board to the Tampa Bay Regional Planning Conncil. He also recommended that Commissioner Rankin be appointed to the Tampa Bay Regional Plannine Council. Commissioner Hilliams moved to approve the recommendations of the Mayor. Commissioner De Blaker seconded the motion \-lhich carried unanimously. The Hayor recommended 'that Commissioner DeD1aker be appointed to tIle TBART Board and the Pinellas Planning Council Board. Commissioner Carwise moved to approve the recommendation of the Mayor. Commissioner Williams seconded the motion which carried unanimously. ITEM #5 ~ Violation'of Southern Standard Building Code, Unsafe Building. 701 North Garden Avenue. South 33 ft. of Lot 13, Block 2, J. H. Rouse's Subdivision. - J. Gardner. , The City Manager reported that the subject building'had been demolished' and the property cleared and, therefore, no action Hould'be required. ~)sr~t:{;,t ?~<C"> <;' ,; " " , ' ' , ~i\.""(I,,,;:.;:::;.r~J~l~,II',... I"'~l:,,~~, ~....~< .': '<l ".,4 "'l'~." I- d-~~}.)~.J'~~r.n't~;:/~..~ ~",~..\~.:."::l;. r~;;, +.~:> '. :'. ".\.' .: ' . ~ ' ~H.i!'~1-~ ~ii",,;r.., ...~.....~., ...'tl\}'rf\ .... ~.""'';..' . .;,. " . .. > .4. ". . . ~~ r~,j~...~:~~",;~:~!~\.!.~~~~'~:;h;~{:~~/:~'~.,~~:-;J~' ,\:'~"II,...~.:..~ '~. \ .'., ",". . ~ ..1:,., . r ~ 1(.:t1Il~ ~ I <:....~\.;lf.!j. ":'. J)...;, .~. Pi I H l\,.~ I',: ft . +. J' . . ;~~1!!;{~ .V.:-f:1K;;.~.l-~ ~'\ ~J. '. 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I . .~ 1'." \ ),,1.i1(' '. ~ . . , I , . t. rJ'~.:~tU;, .... . ~ .\~:: ' . 'I' '~~~~~i~jj;t"w&i~'ir0.~~JM~~~~1~w.~~71ii.~~~i~",~&t:..cl~ti?3j&:;~;tlt~\{~\W. " :.....,.~ <". -1-~.. ~< :, '; . ~,':.f:~,.:\~~.,','.,~,..'.,:;:."~,:,:.\;:,,I,:,. ",',':,:<~,:"',;..'..;.'.,::, ,,!:~" ,'" Carwie;h:o~~~Y t~~io~~:~e~~~;eg;~1n;~~~gfi~~blJ O~~i~:~~e a~~5 ~~~si~~~~B ~~o~i~le :, only on the first reading by the unanimous consent of the Commission. Motion ;\:,~.~:'\o';:':.";,,>::.', . ,/. .,.." was seconded, by Conunissioner Williams and carried unanimously. The Ordinance ~:Ui'.,:~Yt::~~.~>',:':"-: '/.".was, read by title on~y. Conunissionex- Carwise moved that Emex-gency Ordinance i~~S:.~~,);~i:;~:i;~~:::!:}~,IL;,.,<,; '150,4 ,b,e, passed on, its ,first reading. Motion was seconded bY.Conunisaioner . .'r ..[.,;.:~I,;'~'r '';'W''j 'Ra ki d' i d ' . 1 ' ,..! . , <i'~~''';'?;-':hk>~,~\:,~''.t.~,.. n. 11, an CAl"r e unan1mous y;, , ,. .,~~ {t'~::.'""..u'11~"Lh.j.::'~.\:'>:..1,;;,,\.'''.j~. ' .. ~ '. , t7.')fWtrJ:"~f'!L~!"<.J':' . .~', " .:....r ~ ~'." ~ I', l. ~ . ,'" ..' ;Z~V;> "'r;.o~'i"I\:\_~~. ~~."'~'~, ;. ".~ :: ....~:,." ~ '" ,~ . $ 1,l......'\,<'..'.."I.h."", .' .' ,', ..., ' . 1,:.pJ"jI"~~iJ-ir.L~'. .:',\. .~ . '-' " .. "t(;~f ". i;'}':~':f/.\;".f.~."I'~\.. p .:; .~'.' ~ ',' .~l.~. '.'. . +, ',"k.) . i ~~::ii "l.r,1:J.-.r~...tt\. .'"j:..t .... f" ",> . "1. I .,. I ..., "./ ' . ...~l' . , :'"\.J:-~l;::r....-:.tl"':J.~.~l.'...."'i":..., .~..;.. ,'" . '..... ",,-,\<'1 ,. -2- CITY COMMISSION MeETING Narch I" 197" ITEM flG - Request for Annexation and Determination and Establishment of Zoning and Fire DiGt~ict Clnosificntion., Lot 32,33,1~~,lG~ and luS, Clearwater Manor Subdivision, with RS-BO (single family residential) zonine and Fire District 02 Classification. - W. Tucker. 'rhe City HanaRer l"eported that the Planning and 7.oning Board recommended approval of the annexation with RS-60 z.oning. Commissioner Hilliams moved that the annexation of the properties outlined be app~oved with RS-GO ?oni~s 'ond Fire Diotrict U? classification, and that tne City Attorney be instructed to inclUde this in an ordinance to be broueht back to this Commission for approval as soon as possible. Commissioner DeDlaker seconded the motion which carried unanimously. ITEM 07 - Clearwater For Youth Recreational Site. The City Hanap;er recommended that the Commission affirm a letter from him to the president of Clearwater For Youth, Inc., in Hhich it Has stated that a portion of tho 320 acre tract north of State Road 580 and West of State Road sn3 (in the E~ of Sections 21-28-16 and 28-20-16) would be made available ",ith the understanding that 25 acres would he' leased to the organization for a nominal amount for 25 years, with an additional 15 acres to be reserved for a certain period; that the orp;anization \.,Tould include on their Boal"d of Directors, two from the City Commission, the Director of Parl~s and Recreation and the Assistant City Hanager for Community Affairs , with the further un(~erstanding that the property would not be used for any thine other than the Clearwater For Youth recreation program. '1'he City 11anaeer also recommend ed that the City Attorney be authorized to prepare a lease for consideration by the City Commission at the next meeting. Commissioner DeDlakcr stated she was not fully informed rcgardine the Clearwater For Youth organization and requested more information as to its purposes, hOH many youth were in'the program and how it was ' organized. Commissioner Carwise Inoved to approve the recommendation of the City l1anae;el'" in substance, subject to the Commission reviewing the proposed lease and that Commissioner De Blaker be fUT'nished \.,Tith whatever information she desires on the orr.anization. Commissioner Williams seconded the motion. Upon' ,the vote being taken, Commissionel~s ~illia:.ms : Rankin, Carwise and Mayor Houecn voted "Ayetl; Commissioner DeBlakex- voted "No". 110tion cax-ried. ITEM #23 ~ Emergency Ordinance ~15011 - Gasoline Ordinance. The City Attorney explained the proposed emergency Ordinance relating to the sale of gasoline by stating, among other things, that it would make it unlawful for any person to purchase gasoline when his vehcile fuel tank is more than half full, takinr, the burden off the p,as station attendant and, also, that the even and odd numbers and letters would not apply on the,last day of any calender month which has 31 days. Ue also mentioned the possibility of amending it to state that the restrictions Hould not apply on any Saturday. Commissioner Williams recommended a time element be included so that working people could obtain gas without conflicting with their work schedule and hoped that the County would amend theirs to combine the various municipal amendments which have been made. Upon a request from the Mayor, Mr. Richard \'lachtler commented that the situation Was easine slightly with the better understandinr. of the even and odd law but additional gas has not been coming up to the present time and he praised the public for their cooperation in this area. Mr. Richard Burd, operatotl of an American Oil Station at Gulf-to-Bay and Belcher Road recommended that all ordinances within the county be the same, as there is a conflict between tne County Ordinance and the various municipal ordinances. He expressed hope that the state would prepare statewide r~gulations. He also stated that help Has needed to identify commercial costumers and recommended some leeway for tourists. Commissioner Carwise moved, that Section 3 D of the ordinance be amended to state that the restrictions do not apply on any Saturday. Commissioner .Hilliams seconded the motion which carried unanimously. ,..C, . . ~ ... i . ~ 1 ' '., ~. ': ~ , : '.' ":y/;S(,:,),~;'" '. j.' ;' ..,. o. . ~,. . ~.....~..: ~';.' :"':~: ( \'. 7:t:;~,.:~:~.,~,:,,~~~;-; . .~.. 1..r.....'""'-......~~~'"'-..r'\l...~flii'I"':1....j...-~;I;~~~..t~;;,":..~."'::,.. ~ '. -' I I . . ..3.. cn", COHMISSIOI~ 11I:};'!'IUG March II, 19711 Commissioner Carwise moved that Emarf,ency Ordinance 015011 be read and considered on second and final readinr, by title only at this mocti,ng of the Commission by unanimous conoent of the Commission. Hotion WilS seconded by Commissioner Williams and carI'ied unanimoualy. The Ordinance was read by title only. Commissioner Carwise moved that tmerp,ency Ordinance 01504 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 soconded by Commissioner Williams and carried unanimously. ITEM #8 - Hearing of the City Commission to determine whether cause existed to revoke the license of the Adult Book Store located at !lOa East Cleveland Street and/or 20 South Garden AVenue. The Mayor sug~ested that those who do, not care to hear the terms used in this hearing leave the room at this time. He also instructed the Police Chief that no one under 18 remain in the room. The Hayor read some letters received, opposing the store. The City Manager reported a total of about 85 letters of 'opposition with 2 received in favor. He read a letter dated February 25, 1974, which he had sent to Mr. Richard Havens, Vice President of Transcon, Inc., and a letter from Police Chief Daniels addressed to the City Hanap;er. He also read a portion of Ordinance 01335 relating to prohibited devices depicting obscene material, etc. The City Attorney eave a brief outline of the background of the matter. Mr. Robert Pope, attorney, representing Transcon, Inc., who was invited to make a statement, stated that the letter of February 25th as mentioned by the Manager, had not been received by his client and that other letters do not specify the cause, nor was proper notice given for public hearinr,; that violations of a City ordinance rests in the Municipal Court and not before the City Commission. He also brought out that the ordinance failed to spell out procedures for revokinp, occupational licenses and for refusing to grant occupational licenses, and he proceeded to outline various other Objections to the methods being used in considering this case. The City Attorney stated that the matter had been heard by two Circuit Court Judges and they had released jurisdiction to the City Commission. Mr. Brown said he has received a receipt for the notice and letter sent to Mr. Havens dated February 21st. He also repol:'ted that the judge had declared that the notice for the hearing was sufficient and that reVOking of an oocupational license by hearing before the City Commission was proper. He emphasized that this particular matter was not a criminal proceeding but only had to do with the occupational license. The Mayor requested Chief Daniels to start calling hi~ witnesses and announced that there would be no cross-examination and that Mr. Pope could make rebuttal after all the witnesses had been called. The first witness was Sgt. George Morse, Supervisor of the Intelligence Unit, who presented a listing of arrests made at 20 S. Garden Avnue dating back to 1971 and also presented various exhibits. The Police Chief gave a resume of the violations of the ordinances at the store. The Chief next called on "Detective xt' who wore a ski mask and sun glasse's to preserve his identity as an undercover officer. The Mayor again warned the audience that some of the testimony could be shocking and again Gugp,ested that if anyone did not care to hear the terms, that they leave the room. "Detective X" stated that he entered the premises at about 7 p.m., on February 6th and examined the contents of the store and visited some of the movie rooms,where he found wads of tissue paper which was confiscated and upon analysis by the doctor sho~ln human seman on 2 of the 3 wads he had picked up. He ,stated that there were others but they \-lere too moist to handle. He again visited the premises On February 22nd and viewed '12 of the 15 movie machines, which movies showed homosexual acts, sexual intev- courset etc. Many magazines and pieces of literature Were displayed On 3 sides of the store, including magazines showing on their cover ejaculation by the male into the mouth of the female, and so on. He also stated that no investigation was made as to age of customers unless they purchased something. Detective Raymond Emmons was the next witness, who stated that he had received the tissues from "Dectective X" and turned them over to Detective Carey. He also reported viewing 'I machines and secured another tissue which was taken to to' Dr. John Shinner, pathologist and County Medical Examiner, which did contain semen with masturbation being suspected. Judge Andrews came back with the detectivei,and viewed the film'and then issued a search warrant from which charges were made. The search warrants contained an opinion of both judges that the films were obsoene. Detective Douglas Carey testified that on January 18th, Judge Clement issued a ' search warrant after viewin~ some of, the films. A magazine which had been entered previously as Exhib1t fiG, was shown to Detective Carey and he stated that he had purchsedth~ same maga;ine in August of 1973. He also s~ated that he had . . I .; " '. ,l ",:<'11..: .....L.C, " '," .', .', j:<: " :: ::: :~<',;Y(::: ~ ,>: ":,:'C:'.",:i' }:{:-,:,. ,:' '"~"::' ~ '" ' '" " ", "". "'\~"." .~ . i' .'.. "~""",,,,,,,,,,\,:,,~.........,...,., "'_~':'~~:-'~~"~'~" .~':':- '~. , I " f")..r ~ , ~,lq'~ '. .. . '~.~.+, . " 1':/..... ~;i~~~ .~~,i;~~ , , , ., , .' . ltt~1".~r,~~w.~~*ilt,~""'t~J;~:~~..lJW1!rfri-::.i1!;!i..".~\o~~It~!!.~:f"~..!tM~1.~1~.;1'r>lt I.~;~,/;~_.~~.;.~~.~=:\~..,f.>... :(i::~.1 ~ :.'.~::',.' l'c'+.~' -:. <~/. ,~<1::..~ :~~. :, ~~t.!~'::':"'.:~\1:1~j ':~.~.~, :'~':','..~'> '.~..:L:~')~L',,',<~,~,{_::~:, .'~1,.\" .....~'~ to , 1; 1,~",j""":",,L>..t.. "" '.....1...:_"-J,., ~.',.., ,;':","~t~" ".', \,' .~",..! "', '," ~'" .i."""-,,,\',,"\'\'"'' '~'l" ,". ,:1,'" ,.' ',j'" {, ,,<1'.~';''\.'',~,'''U'(J. UI """"",,1UW.'iilo:&l.~tU5.t::l.m!~l<lA'.Wi~t.dll(~~W'.;.u..,.~~~ ; J~\~~.~~..~, . '-4- CITY COMMISSION MEETING March I" 197 It .\ rccieved tissues on February 7th from,"Detective XII and submitted them to Dr. Shinner's office, and again they were reported ,to have human semen on them. These tissues were entered as Exhibit 09. He stated that, while he did not 'like to use the phrases, that the supervisor said that "the movie rooms smelled like a, ' ahi t house'''. He showed the search warrant which was entored as Exhibit 010. Dr. John Shinncr was the next person to testify and atated that he was the County Medical Examiner and a pathologist. He proceeded to corroborate the testimony of the previous witnesses and gave an explanation of the tests for semen and reported that gonorrhea could infect a person from the moist tissues. Captain Enlow stated that he was passing by the 20 South Garden Avenue address and saw suspicious persons who appeared to be an adult male and a female whom he judged to be 10 to 12 years of age. He called for assistance and entered the store and afterward brought charges against Tervy Otis Martin, an'employee; the male customer; and the girl, who later proved to be 15 years of age. Considerable disussion ensued as to the Showing of~a film which was taken as evidence from the Cleveland Street store. The City l1anager commented' that in his judgment it would be very inappropriate to show this film publicly in this room. ,The City Attorney commented that the film should be viewed within the bounds of the Sunshine Law. He went on to say that the Commission could not go into their conference room and view it by themselves but could p;o in there with the news media present and possibly some members of the audience or it could be shown in the auditorium. He concurred with the City Manager that the film goes far beyond the bounds of propriety and anything that has been shown so far. It was stated that the commission conference room would only hold about 16 people and, therefore, it was sURgested that perhaps more people would prefer to leave the room at this time. The Police Chief presented for temporary information an unsigned copy of the search warrant issued by Circuit Judge John Andrews in which he stated that in the Court's opinion the films comine from 900 Cleveland Street were definitely obscene as defined in rlorida Statute 847.011 and as expressed in a Florida court case. Again the Chief of Police was instructed to make certain no one under the aee of 18 was present. Several people did leave the room. Detective Emmons then brought in the projector and showed the film. After about three- quarters of the film Has shown, Commissioners 'dilliams stated that he had seen enough and the Hayor ordered the camera stopped and removed. Rev. Carl Houston of the Skycrest Baptist Church spoke saying that the Supreme Court had placed the determination of obscene material on community standards, making the community responsible for such determination. He went on to say that Clearwater wanted wholesome, clean recreation and that many people walk the line between perversion and normalcy and this type of material, very easily could make them cross the line. After further commehts he requested the Commission to uphold the standards of the community and deny and/or revoke the license. In reply to a question of the Mayor, Chief Daniels stated that to the best of his knowledge at least 85% of the material in the store was of an obscene or pornographic nature. The Mayor sugp;csted that the film be entered as one of the exhibits of this hearing, but the City Attorney stated that this film was one of the major items of evidence in any court case and should be held in the custody of the Police Department. Mr. Robert Pope said it was shocking that he was not allowed to object, question witnesses or otherwise enter into the hearing. He stated that some of the cases were now Before courts or had been dismissed and tha~ Terry Otis Hartin, who was mentioned previously, had been determined "not guilty". He aRain stated that if there were any violations of any ordinances of the City that it belonged in the municipal court, not before the City Commission and, therefore, the matter was not before the Commission in a proper tnanner. Commissioner' Carwise moved that having viewed the evidence depicted here today andfindine that in at least one instance Transcon, Inc..employees were convicted in the courts of Pinellas County for selling and/or eXhibiting obscene material and that some of the exhibits shown here today have been in the opinion of the Judge of this County who viewed them, declared in his order to be obscene and having heard the testimony of the individuals here today who told what they saV1 and what they heard, and that each and every'one, of these findings and exhibits would be grounds either individually and/or , collectively to revoke the license and further that the occupational license in question be revoked and/or that the issuance of a new license or permits be~denied. Commissioner Rankin seconded the motion which carried unanimously. A question arose as to the effective date and time of tIle revocation and/or denying and Commissioner Carwise moved that the license and permits be revoked and/or denied as of the close of business this date. Hotion was seconded by Commissioner DeDlaker and carried unanimously. , , .t ' '.. , , '., . , , " " ' . I' . , . '. " .' .' I : I ~ ~ I .. .o,:o-'}~L ..:~ ,-tor ",'l,,:j'':~:' ':~~:" .t\ ~,,:,,':"tT'~~ .~."...'- . ",,, ... 1" "'~.~.-."'Y~~~f1."J.~~"""""'~R ;-,':'.l.: .... !.-!,""."'WI~~oI\: :t:::,-''-:,<,,;,'i,'<'''''''Ii';C. Pipe Fittings for Central Stores Stock - Items 1,2,~i4'to 'Banks SUPplY' Co." ~i"\ki,>!.'.:j-,:,":'.J,',' >' ':',. S~. P~tersburg: $516.94. Item 5 to Southern Meter,S Supply, Lakeland, i'i):.'L..,{)~:,:>,:,; \,:: l:.' ::.. :'" < >~ , " l?~ bJ.~: '$4,760.00. Grand Total: $ 5,27 G. 9~. l~l"::.ti;'~:;~'~~~'j.:'l"~~~~'~('::\'I~:~" .JA.1"",J.1:,,::~',:~i;... ~"':. I '.... . t~e.q,<,':,?,,r,\"V!"I,(I":Ji'\""\'\ ':'I'I';~".", ,','.. . '.,' , " ;ibf:R~~r1..~~~'lt~,I.,:_!,~~~t~, '.~:':~~';t~~r'~~L'. ..:," ., ..r'. ;:. '. : ..: ~ ~I . I \;;I;R,"'if.t~,;'i":'"<;~''(')''''''J<''' ',,".,"". ,j ".,' ", . , '., ,\1, I" .. ;d,,~,;iji~;.~K~~~t~:~);;.:;i>\:,~"\><":c.:/;;:.,,',: ";,:',: ,I,.,., ,'I ~ttl...i.~..lr~ t. :;'."lr\-. !"\ ~~ ,IJ; ~ ':";~" ,. '. ,,', . ;: , V.":~~~~iIJJ~:4,,":',~~":,~L'~;'''''''','''JI}'!''--~>I':'...ll'. :.'~'l. ~" " , 1~~~;""~; ;(,,,,,-) {,.. "','\. ;'~i't<l. j~~~:.~...'" ", 4 '< (.>.;..~..,'1 ~ rr ',~,' ..~~H I~. ; t.~~~(f~~~~~:(i';!~ ,~~ ",":':~ :.~:'~"':~ ::'*:;"... ~'..';. i<~.:, t ,;': r./~ ,", ,. ~1: . ". ,,) . : : -G- CITY COMMISSION MEtTING 1-1arch I~, 1 !l71~ Co'mmisaioncr Car\otiee left the meetinr, at this time. ITEM #9 - ?resentation - Safety Villap,e. The Mayor asked HI'S. Karon Nartin if her organization, the proposed Sa,fcty Village project committee, \oms \'tor}~inp, \,tith the City Si\foty Council. Mrs. Hartin replied that there is it council mefl\bor on hor committee i\nd that several public schools and 2 private schools are participating. She said the committee will finance the proposed project \o1hich is to be put on City property and to be oNned by the City. The Hayor asked for a 1i6t of people on the advisory board.and people involved in the Safety Village project. The Hayor said that if the City has land availahle, the City Commission will give the proposed project very serious consideration. Commissioner Rankin sugeested that the Safety Village Committee I:Itudy the Lowry Park project in Tampa. t1rs. Martin noted that the Tampa project was entirely funded by that city, whereas the proposed Clearwater project will coat the City nothine but the use or land and a low rnnintenance. ITEH #10 - Report - Utility Rate Study. The City !-tanager proposed that the study of utility rates not be under- taken until July because, of escalatinr, engery costs. The 11anap,er's recommendation was approved by consent. ITEM #11 - Report - Bicycle Res~.Stops. The City Manager recommended that a motion be passed authorizint; him to accept contributions for construction of bicycle rest stops. CommiRsioncr Rankin inquired about maintenance costs for this proj ect: The City t1anap,er told him that.there would be only minor maintenance costs which would be absorbed in the General Fund. The Hanager went on to recommend that the fi.rst gazebo-type shelter be placed on the South side of Memorial Causeway. Commissioner Williams moved that the recommendation of the City Nanap;eI" he approved. Commissioner De Blaker seconded the motion which carried unanimously. Assistant City Manager Hike Paroby introduced Mrs. Henry J. Hil1iams who is spearheading the shelter program. ITEM #12 - Resolution U74-30 - Commercial Fishin~ Violations. The City Hanager recommended a resolution requesting the Florida Department of Natural Resources to enforce the law governing commercial fishing \.dthin the inland \otaters of Clearwater Harbor and the waters south of Clearwater Harbor. , Resolution #74-30 was presented for consideration.' Commissioner Williams moved that Resolution #711-30 be passed and adopted and that the appropriate officials be authorized to execute it. Commissioner DeBlaker seconded':the: motion which carried unanimously. ITEM #13 - Resolution #711-31 - County Artificial Reef Proj ect. '(Continued from Commission lieating of February 18th). The Hayor read a letter froIn Pinellas County ConuniRsioner Rainey requesting the pvoposed contribution of ::;lOtOOO from the City. The Hayor then proposed that the County find their O\.;n loading a.rea, for> use by other> eonununities also, for tires and other material to be tt'anspovted to the artificial reefs instead of using the Seminole Stt'cet dockine area. Hr. Pavboy, Assistant City Hanager, stated that ovieinally $25,000 had been appropriated, but about $13,000 has alread been committed for the project and he thought that they could expend $10,000 toward the purChase of a barge, still leaving about a $2,000 sut'plus. He went on to say that tires are a real problem to transport to the dump at Toyto\o1n. The City Attorney presented Resolution U711-31 authorizing the expenditul:'e of $10,000 as the City r s share in the purchase of a bar~e. Commissioner> t.Jilliams moved that Resolution #711-31 be passed and adopted nnd that the appropriate officials be authorized to execute . it. Commissioner DeBlalc;er seconded' the motion \o1hich ,cav~ied unanimously. ITEM fllq - Bids: "'! a. Greens Hower for Parks and Recreation Department. 'b. 'j' Fire Hose - Jaok Cocke [; Co., Orlando, second low. bid: $6tlJ86.00 , " c i',1,. .. , > ~, ' . ';~.. . ..::', ..'?;......:. .;,{:;,,~; ,,;,~~~~ '.;' t' '/ . . ' ;. I'. , . ! . . '~ ., ' ,; i.'?':::: ....~..~~:~~....:....."\?,"~~.:.~",;' "':"",'7~"",':'!~~""'~~':"'~ ~~~:~A""'~;Wi' "'''J "'~:",'fo,:~;.:...-'~ -6- CITY.COMMISSION HtETING l1a1"ch JI,19711 . ,', i J t" ,>. iJ' go' .,' . ... , ~ . \ ~ , . \' < :~;.-: ~: '. ..:. .:;: , , ',' '.,~~i"M~~\~Il'''''~~' :N'~~~-~"'-~---'~~~~~~' ,':,:, ..J.J'" ," .;., j " ~LU-.l-'I' . "~:; \ "n.Jt -. -:. . .~~:. '. <: \.H~ ~. ..r; J' .", ! :'!~~. ~~.\ ". .b~rJ.~;.'l H'.:f!~~~,~:' ~~ " !;" ':l'; . :::J,~ /.....:::p ..' ...o:i ,-' ,-'1 ';<'.. It.. ~ .~~~ ?~~JT /f.,. . ~ ,,'.~ ... j"Jt<l~....~.. 'I.' ....~.. 'I + '.\,. ~ ";I'\?~".'< ~~""""/i:>"""" ~ " ,. ;j,'" "\\'~":' ':I,;:~i:~\il;~\~;;....", ~ ,:k,....i;.,J,'~...~."!~~;'L>..t~'.;f.l<t"':I,?,~i>.:,,,I,~;~i><~{!{.lfU;.:i.r;;'; __;: :":~{;'i}~~' .; :~'.i,,,i:, :"':t' ~ '.' Ii' I ' W~~iAI.~~~' ~~~~~.att..lJ.,..l}~"3.~\f.l,c;."~"~""-J;..~l~~ I, ,~,. i) ,:~ J. ;:1 '~ ) :1 1 'J ,; 'j -' .J . "I " .~ ~l I \ ;. ,{ ~1 'rhe City l'lannge1" reported on the bids as outlined. Commisaioncr Hankin questioncd \o1hether or not other makes of mowers might be availabla to handle the ~"ork involved. By consent it was REflcod to defer this item foro the HanneElr to obtain fut'thcr information. Commissioner Williams moved that the contract for fire hose be awarded to Jack Cocke and Co., Orlando, in .the amount of $6,1186.00 and that the contract for pipe fitting for , stock be awarded to nanks Supply Co., St. Petersburg, in thc amount of $ 516.911 and u lRO to Southern I-feter & Supply, Lukeland, in the amount of $4,760.00 which are the lowest (except as indicated) and best responoible bids, and that the appropriatc officials of the City be authorized to , execute said contracts w]lich shall he in accordance with the plans, . specifications and bids. r-ommissioncr Rankin seconded the motion which carried unanimously. ITtM U15 - Other Engineering Matters. The City Engineer reported that surveys had been required for the condemnation proceedines relating to Pierce Boulevard Extension and requested approval of payment to Post, Duckley, Schuh and Jernigan, Dunedi.n, in the amount of $2,871.30 for said surveys. Commissioner Rankin moved to approve the payment as recommended by the City Engineer. Commissioner Hilliams secondcd the motion which carried unanimOUSly. ITEH UIG - Verbal Rcports and Other PentlinB Hatters. The City Hanauer spoke of a Utility Tax'. Issue and the n'ecessary steps required. He requested autho~ization to proceed by having the ordinance prepared and validation proceedinBs started. Commissioner Williams moved that the City Hanup,er's recommendation be approved and the proper City officials proceed with the validation and sale of the bonds. Commissioner Rankin seconded the motion which carried unanimously., The City Manager commented that construction of the jetty is continp,ent upon the sale of the bonds. The City ManaBer distributed the annual financial statement and the Hayor recommended a special Hork sessio~l to study the report. The City Manager reported that Form #17 for requesting growth allocation of gasoline to the City had been filed some time ago but no report had been received to date and suggested authorization of legul action against the Federal Government if necessary. The City Attorney commented on a letter he had received from Congressman C. H. "BilP Younr.; in which he stated that he had been working on the problem of the shortages being experienced in Pinellas County. ' The City Attorney commented also that Form 1117 relates to growth justification for increased allocations. ITEl1 1/18 - Pending Reports from Hayor. The Hayor Y"epol"ted that Hr. John Rankin, having heen elected Commissioner, had resigned from the Sign Board and had recommended that Hr. Wade H. Gans, a retired attorney who has lived here about 2 years, be appointed in his place. Commissioner Williams suggested that a retired Commissioner be appointed on the Board of Adjustments and Appeals on Signs and moved that former CommissionerRi!ck Hall he appointed subject to his acceptance. Commissioner Rankin seconded the motion which carried unanimOUSly. ITCH -1.119 - Citizens to be Heard. Hr. G. tol. II Duke II Schultz questioned the status of the 8mi th Finge!' problem. The City Attorney reported that both City and County legal staffs were continuing work on the'matter. ITEM 1/20 - Ordinance #1500 - Authorizinp; Condemnation Proceedings for Pierce Boulevard Extension. - Second Reading. The City Attonney reported that Ordinance #1500 was ready for its second reading but Mr. Horman Bie, attorney, represcntinr; nigh Point Corpor- ation, East Cove, Inc., and others Call in Section 16-29-15), stated that '. ' about ,10, yeavs aeo he had ,offered the ~ieht-of-\>1ay to the City providing' ~'~":,"",',,, , ' the C~t)rwould construct the sea wall but that offer has nO\o1 been withdrawm~ ;~:,>J:,l;~<,.:-:;t: '".>': ", as he: had not received any 1:<eply. ' Ite 'showed various mapf!! and drawings ,of the ;:~;;i,:~'~;:',":\''''', "", ',. ',' p~op06ed: Pieroee Boulevar-d Extension and said that the plans removed any 'i;3ili:~:';'.~~;+~~i\;:;'>' ~ :~,:", . possibility, of ing!'ess. a~d egress from prol?erty ~o the we~t ~hich his ' ~r-:--:;\~)'!{r~~':( ': :,' '",;:..; ",clients o,,,n.., After conS1derable fuvther dJ.scussJ.on, CommJ.ssl.onet" DeBlaker I . n~?::qJ.f]{;m';J-:?{;;:\',?::.",:;,'m~:)Ved;to :c.on~.inue',;the ite~ to Harch 18th. Conunissioner Rankin seconded the,' , ,;, , '. ~"~;~kt~)/,f.;.'" .mo~io.~. ':lnic~" C?a~X'l.ed ~nanJ.mously. ," , , ." '. ' /'1~i":'.;;,\.';;i'"~/'~ 1.~>' i' ~'. ~", \., ~ 'J;p,\',"..l .". \1 . I' " ~'c "~'I'~&~~~tJ~ti;;:!i\:~/;;i).;j :..;.: , . ... .... . . ..,.... ..... . . . ,.'. . . . . ,'::"":,~,~",.,~,',.,',;,'_"','",:,"',',,..,',':.,,'.'.':,:',~,';,,':~~,.~,:.:,;'~,',..:,:.,.,:,..:,:~'\;..,..~,.',::,:,l\'.i:.,;.:,..:::.",J.;,~::,: ~~I,~~:~,'L~3;:;~;~)/.;,!:~{,:',~~,:{}~,;:~:~......'~t;'~~'::'."""::":"\':":-:"";"~'''''.:;:'i''';' ", r >," .," '" '.' :' ~~.." } l.. " < . . ,'I . .. ~ \ , . , , . "'j' -7- CITY COMMISSIOH HEETINO HaI'ch I{, 19711 ITEM #21 - OI'dinance 111501 - F.s'tahlishinp, License Fees for Mechanical Contraotors, Sheet Metal and Refrip,eration Contractors. First Reading. The City Attorney reported that Ordinance H150l was ready for its 'first readinB. Commissioner Rankin moved that Ordinanoe 111501 be read and considered by title only on thn first l"eading by the unanimous consent, of the"Commission. 110tion was seconded by CornmissioneI1 \olilliams and carried unanimously~ The Ordinance was read by title only. Commissioner Rankin moved that Ordinance #1501 be paseed on,1ts first readirig. ,110tion was seconded by Commissioner DeBlaker and carried unanimoualy. ITEM #22 - Ordinance ('1503 - Amending the Zoninr. Atlas of th~ City. - First Reading. The City Attorney presented Ordinance ff1503 for first reading. Commicsioner Rankin moved that Ordinance #1503 be read and considered by title only on the first reading hy the unanimous consent of the Commission. 110tion was seconded by Commissioner Williams and carried unanimOUSly. The Ordinance was read by title only. Commissioner Rankin moved that Ordinance #1503 be passed on its first reading. Hotion was seconded by Commissioner Hilliams and carried unanimOUSly. ITEN #23 Has heard earlier in the meeting t:olloHing Item (/7. ITE11 #25 - Acceptance of Easement. The City Nimager presented a utilities easement from Coastal Capital Corporation' ,in Lot 12, Blackburn Subdivision for acc~ptance. Commissioner Hilliams moved that the easement be accepted and that 'the City Clerk be directed to record same in the Public Records of Pinellas County, Florida. Motion was seconded by Commissioner DeBlaker and carried unanimously. ITEt1 #26 - Other Commission Action. Conunissioner t-lilliams SUl..mested that' the present causeway be improved as proposed some time ago and requested the City Manager to outline the steps 'for such improvement. There beine no further business, the meeting adjourned, at 7 :,35 p.m. The City Commission then met as Trustees of the Pension Fund with the Hayor calline the meetine; to order. The City Hanager presented the recommendations for membership as endorsed by the Advisory Committee of the Employees' Pension Fund, for the following Firefip,hters in the Fire Department: 'l'homas Coleman, Belvin Acton, l1ichael J. Arata, Jr., John Chester, \-les1ey Chesser, Mark Daniels, Riehnrd F.vans, A. Hichael Goodell, Dale A. Hoffman, lTolm G. Holsapple, Robert L. Householder, Charles Kolinski, William I1cClure, David HcGill, Virgil L. ~ush, Hark TI. Turner and Garry J... \'ligington. Commissioner Hilliams moved that the above named persons be accepted into membership as recommended.~,Motion was seconded by Commissioner DeBlaker and carried unanimously. , " There being no further businessi the meeting adjourned at 7:40 p.m. Attest: < " . ~ ~. ,. . . \'._, ' ~. c. .. ;t~t'{;'(,~M~;;,~:.L;'7?:";i:'k 'i'.\., ." .. ."', .;,' , ...' ,.J .::I,.!",.. ',' ",,~' ,,.." V. 'el,,'.' \' .. " ," , . " : ,<,' ". ' . ", . , . .. ';f.'~~~~i.~?;i~i~;;i!~~f~;i~::ii:;:{;~'i;':';::,i.':::':<'. '. .. . .' .,'.. .~,', "'. . ',"': ''.::'::'.<." ~,;,..'..,:','.~.,::: :,),';.",: :,',:.'\'...,....:,.,.~.:,\'..;,.,i,)l:.j..,;'~:'r;J;,:,'r',~~l,':; ~'-fJ:.~.,!H~~~h~f..Jj~\:l\,.i..~.;:j;:..\~t...:~..t:.,q'~:'J..r...l.j"'.r.. . ~",. ,... ~ '., ~ \... . , I r'. . ~'." 1~;.~"'.!'t-i:"...0b1,.;,)Y,~-:'~."'..nr' /,~:"" ,'/ ,':'." ,,;' ,~,': .,'. ',.' .:' "..,;'" .", ;:',.,i:,.~.:.'.!..,.,' ...}.;;'~,.:.'.':: .,~.~i'~~;t,'( ::~.~,~,'.;.,:,'~'(',.,\,','.:',,'.,. ":.... ,., ; r ."", ,.., l,i."II......~~tl ..'; .J,.-h 1,~~,. ~~.I<~I"--ll.}'tY~'\......-"',. 't '.~ ~1 I,' 1\. ',.,',. ~'.. " ',' . .-.. .. .1 fl' \..... I\" ~ ~..~ . ~t.. ~~~k.t:,..~t"'..'tf.:,.!,l<\.... \...I~.....~H\J.~ .....~I' I".~.. \. . .~ " ......' 1'" _. ~I., t, I ~ ~. ~ 'II "j'l',' t.! ,.'; :..). ....\\r~.:/O...:, ~'jl'~-c..:,",J.(,~;' T':....~'.."~U..t,-C-l~J('I........il.t~....."""'1~:t-~.:~...~.{~\:lfJ.,:;j'.,,.~..: ~:ll+~~i.,,"';:"'~.'" . I ~ ')"t'..,:~J:,.' (~:t~' ..,. jI~.. "';~.;,."I;' . '''.' .....~.:{,i.:...~./:<~r.:;.,Q-~/f:l,.\,~'rf, c~1 H~~~~~."r1.'.'f,~~ '.' . , . . , ., , I , : , ' AGENDA , CITY COMMISSION MEETING Harch l~, 1974 1:30 p.m. ,I Invocation Introductions Minutes of Precedillg Heetin~s Feb. 18 G 25, 1974 Installation ~f Commissioners~Elect Public Hearings 5. Contd. - Violation of Southern Standard Building Code, Unsafe Building 701 N. Garden Avenue 6. Request for Annexation and Determination & Establishment of Zoning & Fire District Classification - Lots 32, 33, 163, 164 e 165, Clearwater Manor Subd., RS60 (Tucker) Reports from City Mana~er 7. Clearwater for Ybuth.Recreational Site 8. Hearing of the City Commission to determine whether to revoke the Liscense of the Adult Book Store located at 900 E. Cleveland and/or 20 S. Garden Avenue 9. Presentation - Safety Village (Mrs. Martin) 10. Reporot - Utility Rates Study , 11. Report - Bicycle Rest Stops 12. Resolution Commercial Fishing Violation 13. Resolution - County Artificial Reef PDoject 14 . Bids: a. Greens Mower for P G R Dept., DeBra Turf Equip. Co., Tampa, $3578' b. Fire Hose - Jack Cocke & Co., Orlando, $6486. ,c. Pipe Fittings for Stock - Banks Supply, St. Petersburg, $515.94; Southern Meter, Lakeland, $4760 15. Other Engineering Matters , 16. Verbal Reports and Other Pending Matters 17. Pending Reports from City Attorney 18. Pending Reports from Mayor Citizens to be Heard Repo~ts f~om City Attorney 20. 2nd Rdg. - Ord. D1500 - Authorizing Condemnation Proceedin~s fo~ Pierce Boulevard Extension 21. 1st Rd~. - O~d. #1501 - Establishing License Fees ,for Mechanical Contractors, Sheet Metal & Ref~igeration Contracto~s 22. 1st Rdg. - Ord. #1503 - Amending the Zoning Atlas of the City 23.. 'Emergency Ord. fIl504 - Gasoline Ordinance 24. Resolution - Affirming Building Official's Recommendation Unsafe Building - Gardner 25. Acceptance of Easement Other Commission Action " Adjournment Meeting een~ion Plan T~ustees , .\" . . ~ ' I . :. , . ,.' , " I, '.l ~'>;o~"J"""i,.;,_~";.~l.,~"~,.""h"""',\,,,,, 't"'" .,' , '. J' , ,; '..' (~~~~J>re~':-~~k; ~ir~f..;~;~l~~~~~~ i#\~:::~(::~ (i~~{r'?!;l~.!~ :.:";~u!~~'~,;_.:. : ;J::.';+ .. '~.>:::: I : . . '. .'. /, . . . 'I I. c 'l <. \ > .": . :; ',,; " ~. :! ~~i ~ . \ .. ';'~ ' .'; :~. <',: \~ :~.~ ;o.,jf'(~1 . \).,~c.\",}:"I~'/I"Vld~'~" "',1.;, '",. ',', " .' ',C," '.",.".",. . 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