06/03/1974
-----..---........--
CITY COMMISSION MEETING
JUNE'3, 1914
1:30 P.M.
The City Commission of the City of Clearwater met in rogulnr Doooion 4t
the City Hall, Monday, June 3, 1974, at 1:30 p.m., with tho following ,mambers
present:
Donald S. Williams
Joseph Carwise
Karleen F. DeBlaker
John F. Rankin
Commissioner
Commissioner
Commissionor
Commissioner
, Absent:
H. Everett Hougen
Mayor-Commioaionar
Also present were:
Picot B. Floyd
Her>bert M. Brown
Cecil Henderson
Frank Daniels
City Hnnnp,or
City Attorney
Assistant City EnRineoI'
Police Chief
Commissioner Carwise moved that Commissioner Williams be' appointed
Acting Mayor for this meeting. Commissioner Rankin seconded the motion, which
carried unanimously. Acting Mayor Williams called the meeting to order. Rev.
Carl W. Houston, Pastor of Skycrest Baptist Church, delivered the invocation.
The minutes of the Commission Meeting of May 20 wore presented for
approval. Commissioner DeSlakcr requested an amendment to Item H26 - Other
Commission Action, Commissioner De Blaker 2).' to read "easier control over
development projects" rather than "easier approval of development projects."
Commissioner De Blaker moved that the minutes of the regular meeting of May
20th be approved as recorded and amended and as submitted in written summation
by the Clerk to each Commissioner. Commissioner Carwisn seconded the motion,
which carried unanimously.
ITEM 'PI - A Public Hearinp.; to determine whether cause existed to deny
the reissuance of occupational licenses to the book store of S. Garden Ave.
6 issuance of licenses to bookstore at 900 E. Cleveland St. (Pursuant to
Court Order re Transcon, Inc., vs. City of Clearwater.)
".It .:.T
Commissioner Rankin moved that t!1O:10 certain proceedings conducted on
March 4, .before the City Commission relating to Transcon, Inc. shall be
rescinded pursuant to Court Order dated May " 1914. Commissioner DcBlaker
seconded the motion, which carried unanimously.
The City Attorney recommended that the Police Chief remove anyone under
18 years of age from the meeting room.
Robert Pope, attorney, representing Transcon, Objected that removal of
anyone under 18 years of aee I~ould be prej udicial to his client's I'iehts and
would indicate that offensive material was to be displayed. Upon comment by
Norris GOUld, Assistant City Attorney, Acting Mayor Hilliarns overruled the
objection.
Acting Mayor Williams cited a history of the Book Stores; police action
concerning them; proceedings of the Commission meetin~ of March II, at which
the Commission ruled that the license be revoked and/or not renewed; Transcon~s
appeal to Circuit Court; and that Court's ruling that a ~uasi-judicinl hearing
be held, which was now ready to proceed.
Mr. Pope challenged the Commission's jurisdiction over this mattor as not
in compliance with the May 7 order by Circuit Court Judge David Patterson,
and said the Commission had failed to specifically inform his client of actes)
upon which the Commission was to rely in seeking revocation of Transcou's
.l'ight to, hold an occupational J.J.cense WJ. thin tho required time.
Mr. Pope also said that a May 22 letter, from the City Manager to the
corporation's director, had not been received in time to prepare a proper
defense and that the letter failed to indicate actes) sufficient for revocation
or refusal to reissue the license. Mr. Pope also objected to the inclusion
of materials concerning Arno Enterprises (from whom Transcon had purchased
assets) as evidence. Commissioner Hilliams said this material was being pre-
sented only to establish a pattern of continuity between the two concerns.
Other material presented and/or testified to by police personnel, after the
City Clerk had sworn them in for this purpose, included communications from
the Florida Secretary of State; certified copies of Pincllaa County Court
records; police photographs of these book stores; papers rolating ~o search
and/or arrest; tissues said to have been examined by Dr. John Sh!nner, Pinellas
County 11edical Examiner - who was aloo sworn-in to teotify, and which possibly
contained contagious diseaae-bearinr. semen; two magazines; and movie films
police said they had obtained from the stores. Upon suggestion by Commissioner
,Rankin, the meeting was, recessed for 30 minutes 00 that the Commissioners '
could view the bookstore a~ 900 Cleveland Street. Upon reconvening the meeting,
.the Commissioners each said they had viowed portions of movies there,
. ~,
" ,
',:,,:'?I:: ~,'J
; ,:. '~:).;;;.\~?~
, '
I,
(.',
.. ~,~.'~."". ,
1\-,
"'-'.' . .. . .,
" '
........ t"-' , ....."""".~.h'.f......,...'.,.......,...l._. "lrt ..............",............... ...."'~.T",. ,-.. ...~-
I ~ 7':' -: .~ .
-2-
CITY COMMISSION MEETING
JUNE 3, 1914
1:30 P.M.
M~. Pope said that Section 13.7 of the City, Code fails to specify guide-
lines for conducting this quasi-judicial hearing. Mr. Gould counte~ed that
other court cases seemed to indicate that the Commission can prosecute under
State statute.
M~. Pope emphasized that he was only objecting to this hearing. The
City Attorney noted that testimony given here will be used to'determine a
pattern of violations of the City's Code, but not for conviction under
criminal charge(s). Mr. Pope said that State Statute 73-120 abrogates the
City's Ordinance #1335 concernin~ Obscenity. Mr. Brown expressed an opinion
that this hearing did not concern the State Statute unless Mr. Po~e would
admit that his client had displayed or sold obscene material. Ch1ef Daniela
said that he made two Polaroid photographs of the Store exterior on June 3,
1974 and Transcon had failed to comply with Sections 13-57 and 13-59 as
regards clear window display. Mr. Pope said he had advised his client not
to comply with the Code because the U.S. Supreme Court had ruled that if
display of material is contrary to the pUblic's wiShes, this display Can be
considered illegal. He noted that the courts have held that an occupational
license is' a very valuable propcrty right; that the City had presented no
documents which proved conclusively that any Transcon employee had been
convicted of any crime; that the firm's ope~ators had not been convicted of
violating the City's ordinances and that they had properly applied for
continuation of the licenses.
Mr. Gould called Rev. Carl Houston, Pastor of Skycrest Baptist Church,
as a witness. Reverend Houston said that, during his 20 some years of min-
istry in the City, he had learned that most firms and people settling here
are motivated by good, moral conditions which prevail and that these book
stores operate merely for profit and against the desires and best interest of
citizens. He mentioned recent U.S. Supreme Court action which places tighter
rest~ictions on obscene material. Mr. Pope cross examined Reve~end Houston
as to his knowledge of community standards, definition of obscene material
and the First Amendment to the U.S. Constitution. Commissione~s Carwise and
Rankin objected that Mr. Pope was badgering Reve~end Houston.
M~. Pope repeated that the Courts, and not the Commission, should
determine action - if any - to be taken against T~anscon. H~. Gould said this
matter concerns licensing, not obscenity per se, and that - under State
Statute flBll7 - the City is '-lithin its rights to hold, this quasi-judicial
hearing.
Commissioner Rankin moved that having heard the testimony and viewed the
evidence and having visited the premises and observed the matters offered for
sale there, the material is obscene and the licensee is operating in a manner
that is harmful to the health, welfare and morals of the community and that
the testimony of the individuals, and each of them, would be sufficient
grounds to revoke license O~ licenses and further that said licenses in
question be revoked and/or the issuance of a new license or permit for the
coin operated machines used for the purpose of exhibiting obscene movies be
denied. Commissioner Carwise seconded the motion, which carried unanimOUSly.
ITEM #5 - A Public Hearing on Violation of Southern Standard Building
Code. 707 N. Ft. Harrison Ave. Lot 2, Block 1, J. H. Rouse Sub. - N. Makryllos.
The City Manager recommended that the Commission uphold the findinp,s of
the Building Official and order the removal o~ demolition of two frame structures.
Mr. Mark Brandt, attorney, representing Mr. Nicholas Makryllos, the owner,
said they agreed with the Building Inspector's findings but the owner would
make the necessary repairs. Al Gricius, Minimum Housing Insnector, noted
that Mr. Hakryllos was required only to hire a licensed contractor to obtain
a building permit and furnish plans for the repairs but that he had bean wa~ned
several times and had failed to comply. Mr. Gricius also said the owner had
been enClosing a porch ,without a permit. Mr. Makryllos said he had been un-
able to hire a contractor and that the property had been locked to prevent
t~~sspassing. Commissioner Carwise recommended allowing Mr. Makryllos sa days
for this hiring and to furnish plans acceptable to the Building Department.
Commissioner Rankin moved that the public hearing on this' matter be continued
to the July 1 Commission meeting to allow time for these purposes. Commissioner
De Blaker seconded the motion, which carried unanimously.
ITEM #6 - A Public Hearing on Final Plan for CPD for Countryside Executive
Golf Course, located south of S.R. 5ao about 1/3 mile west of US 19, N. of
Countryside Blvd. - U.S. Home.
Begin 1825.86 ft. North of the Southwest corner of Sec. 30-28-16,
continue North 403.20 ft., East 1609.05 ft., South 937.36 ft.,
East 315 ft., South 180 ft., Southeasterly 446.66 ft., South-
easterly 423.47 ft., Easterly 236.33 ft., Southerly 138.21 ft.,
Southwesterly 602.79 ft., thence by a curve Southwesterly lQ27.03
ft~, Northweste~ly 224.14 ft., Northerly 674.31 ft., Northwesterly
~~~;jiJi::.ji~L:t/:\ ;~:' .:.15"19 n.. ,thence on a CU~Ye No~the'Bte~ly 81. 95 ft.. EaBte~ly
fiJf:,~,..d'),~'::""'c'-{\r ,.I, ^ ".' ,.,' ',' ','" . ' , ,
~{r~.;~:}~~":,";'";:'.~tk~~~.~.~{;.:,~<~.~I.l.J ':t".,"\: . T. '. +'.
.'~ 1 ~o/1 n~}' "~)i':rt'l~-;' "~~~4~\'~>~~ ~ I ~ I: ~. .,.t \. t' I. : .' + t..~
I ~Jt1.~t\~ar.'.'~~':\..:.~~\~1~~~;~",'.r(.),~\ : ,1" ~LL,: ' .' . . . ~.: . \ {~ ~..' ,'.
.~1.......~.....~~-tt?c~t~~"'...\.:t~/::~\;.:~.<.J.'1-~:~..\ 1.-', ','. '.. T > '" . .~',~ ,\
~r'S-pl;~\~:;rd,I~.l~~~!"".~.l'1.; .~'." ~'..' ~ ,t, , ,.. . ,
I~, ,",' j::-" . --:-."",/... ~.~'.7:~~'.
l',.t" :'.)~::" ~~. "."'. ~ " I.
..
. ~/ ~: .'
\+: ~'1.~. I L, ~. .." ~~I' .......~~ "'0 ,.
qt'~1_" <.....,....~ ...~.....,
~ l.",....
, .
, .
" ..~~~~..~~}~ ""~'~''!1tJ.~;~~~'''t~'i!1,';"~'''n'~''''''''~;-:'''''i'.j~.'''''' ~c,;~,,~~;:;, :~'Il~' ~~~\I\I'~~0'l7l'!,"~1r.~~~'l1M~t<1';""';' '~oj.
, :;'"...,: ";:'" '.;;',J:;, .\:.- ':;', , :".; " " .. '.' . /. ,:' ';,. ...., :':' ,:"~' . ,;< )...., ". /.:::':~,.. ': .'" ::.; I.:;, ',:, :.:', ',' ;~.'~" :';l"t: i:;t~" ,,:'t:, d~
J,....:t:i ''''.: . <',' .;!o-~<~:. ....... .!.\....',1:':,>....,. .~t'.....~ ';..ll ~.' ~,..~~~.~'..:::... ", .i\ '.~..\.L~.:.~L...:!<~:...:L~J: c ..t, " ',- ~~.l~~Q~li ~
)J' ~i.~ '""~..;..ioi",, '....--....\-\"t~\loI,'"'______.....;.......",....,....
-3..
CITY COMMISSION MEETING
JUNE 3, 1911,
1:30 P.M.
1123.81 ft.,. Northeasterly 254.40 ft., Northerly 228.53 ft.,
Northeastet"ly 111.61 ft., Northet"ly 1.44.10 ft., Northwestet"ly
446.79 ft., Westerly 246.11 ft., thence on a cut"ve Northwesterly
28.39 ft., Northeasterly 329.10 ft., Northerly 431.05 ft.,
NOI"thwestet"ly 41~5.53 ft., Hesterly 1035.12 ft., to P. O. B.
Thp. City Man~ger recommended ap~roval of this plan. Acting Mayor Hll1iams
said that Douglas Roach, Executive V1cePresident of U.S. Home, has been
accused by th~ City of Safety Harbor of allegedly conspiring in a conflict of
interest but that the case had not been adjudicated yet. Mr. Roach said he
thought the Corporation would rather be represented by someone else because
of this case. He sugp,ested postponement of the hearing. Commissioner
De Blaker moved to continue this item to the regular meeting of June 17, 1:30 p.m.
Commissioner Rankin seconded the motion, which carried unanimously.
Placement of Item 116 ahead of Item 117 on the Agenda.
Acting Mayor Williams noted that persons interested in commenting on
Item #7 ~ Revision of Water Rates - appeared to be absent from the audience.
Commissioner De Blaker sur,eested that Item #8 be considered. Commissioner
Rankin moved to consider Item I/e. Commissioner Carwise seconded the motion
which carried unanimously.
ITEM #8 - Cost of Living Wage Adjustmen~ for Classified Civil Service
Employees.
The City 11anager recommended that a 15% cost of livin~ wage adjustment be
granted effective May 1, 1974, to all currently employed C1vil Service employees
and that, effective October 1, 1974, selected adjustments of not over 4% be
made to remove suppression in pay levels for supervisory personnel. He noted
that the recommendation was based largely upon Clearwater Employee Association
review of rapid increase in cost of living during 1973 and January, 1974 and
that the 15% adjustment will increase the 1973-14 Personnel Budget for Class-.
ified Civil Service employees by approximately 6.25% for ~hc period of May 1
through September 30.
Assistant City Manager Gerald Weimer noted the Civil Service Board had
approved the pay raises. Some discussion ensued over fringe benefits, pay
ranges, millage revenue, appropriation of surpluses from Capital Improvement
Program, the Cody Report, competitive labor market, non-uniform pay class-
ifications in the Tampa Bay area, effects of inflation on lower paid employees,
and loss of pay through promotion - as in the Fire and Police Departments.
Acting Mayor Williams said that he discovered the City's proposed pay rates
are well above industry rates. Commissioner De Blaker noted that the City must
pay adequate wages to retain an efficient work force; that a County Com-
missioner has over-stepped his authority in telling the City how to maintain
its budget; and that any attempt to fix wages with the County o~ other
municipalities could result in a County-wide union. Mr. Weimer emphasized
that no Bond Funds would be used to finance the pay revisions. He said that
changes in supervisory methods and granting of merit step increases could
cause Bubst~ntial savings for the City. Commissioner Rankin noted the County
has given considerable pay increases to its employees since 1970 and that the
City's proposed increase could help employee morale and save money by reducing
personnel turnover. Commissioner Carwise moved that the City Manager's rec-
ommendation and the necessary fund transfers in accord with the May 28
memorandum to Mr. Weimer from Assistant City Manager Jeff Butler, be approved.
Commissioner De Blaker seconded the motion. ActinR Mayor Williams said he
believed the pay increases to be in excess of what is appropriate, based on
the Cody recommendations, the apparent necessity of taking funds from
Capital Improvement, and the possible bad effects upon people who don't benefit
from the increases. He said he favored increases of from 1~', for upper-
salaried employees, to l2~\ for lower-salaried employees, as contained in the
Cody recommendation. Upon the vote being taken, Commissioners DeBlaker, Rankin,
and Carwise voted yes. Acting Mayor Williams voted no. The motion carried.
ITEM 07 - A Public Hearing on Revision of Water Rates. First Reading -
Ordinance #1512 - Amending Section 24-28, rate schedule, of Article III,
pertaining to water, of Chapter 24, utility system of the Code of Ordinances.
Commissioner Rankin said he had spoken to several people who had indicated
an interest in this matter but, because of length of the meeting, were no longer
present. The City Manager said the staff might have to recommend further '
, increases. Acting Mayor Williams suggested that Ordinance 01512 to revise and
" increas~water rates be read at this meeting.
:.... ~ I.. -,
!~~~~.~iD,~t,:y~,;:\?,\ ::,: ,;: ,', ,," " ,
~,"~~rl.-, rlt ~/;"~J ~ ,:,,1..-1" ;,.t '. '<l~ ~"'~"".>I"'" 'f ." . . ,'. -l " '.. ~ ",
,~~~ '(: \ ':' :~:~~tl!.~~;:"~}\FA~{r~~\~j~}:':((~~ !,::', ),~..: ;~" ':': ~. , ;'. "
...~ ,::.;.\..~J"".:t''I.'''~lt:ll~''~r,,;/1.1''''''~''''~'''''\''''::';"I! ':~.' . ~
~ ~.;i..~'."'''''"'''~ .'."'~ (:'\r, ~':"'l.""" ,:,. 1":).1' 't'''' ,,~. f'\'I~'.'" ". ~,~
, ~I'~~ '~"\i~~~:~l,'.~f..\\~:.,~y ":'.. ~' +'.':~>f"~"'-"). ":~"1: '!I' I ~ ~ -~ ( 0 '
~1-~\~~<?i':~Y J,I..'~:..I},~''. .'..4 '0',... < ',r. -, "," :.,d. ~ '\ '.
.), '
. ~~. '" .
i','
~ c. "
..
. 'I.'
.....--...
'A; c' ',' , i ~". ". . .~; ~;~ I"'
.~,.. "-..: ._~ ...__c~,,~, "T .
It . , I
" ., .
.. '.'
, , , ~,' ~I.:'" ': ~":',J.\:'~';{;
..,; .,'
::\j-'.
, '
, :':'::;'; ,~::)
, , " ~~, ::'..': ;~i;:<;,,\'~:~iHtl
-4-
CITY COMMISSION MEETING
JUNE 3, 1914
The City Attorney presented Ordinance 61512 for firat reading. Commissioner
earwiss moved that Ordinance #1512 be read and considered by title only on the
first reading by the unanimous consent of the Commission. Motion was seoonded
by Commissioner Rankin and carried unanimously. The Ordinance was read by title
only. Commissioner Carwioe moved that Ordinance #1512 be passed on its first
reading. Motion was scconded by Commissioner Rankin and carried unanimously.
Commissioner Rankin moved that this public hearing be continued to the
Commission's regular meeting of June 1" at 1:30 p.m. Commissioner Carwise
seconded the motion, which carried unanimously.
ITEM 1111 - Jonathan's Jitney - Termination of Service.
'The City Manager recommended that the Jonathan's Jitney se~vice be
immediately terminated because of excessive costs to the City, expenditure of
all this project's funds, littlc effect on traffic, and because the Central
Pinellas Transit Authority hal? recently increased its Sunday seX'vice to the
beach. Commissioner Carwise moved that the City t1anagsr's recommendation be
accepted. Commissioner,Rankin seconded the motion, which carried unanimously.
Emergency Bid:
Medical Services System.
The City Manager recommended that a contract for $49,524.00 for a medical
services system (telemetry) be awarded to Biocom Inc., of Culver City, Cali-
fornia, to establish this system for the City and its unincorporated areas.
John Pitts, 'Fire Chief, said this equipment - to be financed unde~ a
Highway Safety Commission Grant will require about 140 days for receipt by the
City and - will be needed by a l2-man unit, presently undergoing 90-days
training. Chief Pitts said the equipment will enable rescue personnel to
maintain constant contact with doctors who will supervise treatment of victims.
Commissione~ Carwise moved to accept the City Manager's recommendation. Com-
~issioner Rankin seconded the motion, which carried unanimously.
Continuation of t1eeting.
Commissioner Carwise moved that the regular meeting of June 3 of the City
Commission be recessed until 1:30 p.m., June 6. Commissioner Rankin seconded
the motion, which carried unanimously. The meeting was recessed, at 9:45 p.m.,
until 1:30 p.m., June 6.
Acting Mayor Williams reconvened the meeting at 1:30 p.m., Thursday,
June 6.
Members present were:
Donald S. Williams
Karleen F. DeBlaker
John F. Rankin
Acting Mayor-Commissioner
Commissioner
Commissioner
Absent:
H. Everett Hougen
Joseph Carwise
Also present were:
Gerald Heimer
Herbert M. Brown
Cecil Henderson
Frank Daniels
Mayor-Commissioner
Commissioner
Assistant City Manager
City Attorney
Assistant City Engineer
Police Chief
Chief Daniels delivered the invocation.
ITEM #9 - License Agreement for ,Use of Florida Power Corporation Prop-
erty. Fractional Lot 4 and all of Lots 5, 6 and 1, Block 87, Mandalay Unit 5.
Assistant City Manager Gerald Weimer read the City Manager's recommendation
for approval of a license agreement with Florida Power Corporation for use of
property abutting Bay Esplanade Avenue and adjacent to the Youth Maritime Center,
for public parking, the City to pay $100 monthly on a year-to-year agreement,
effective at a date certain, until terminated by six months prior written
,notice from either party; maintain the property; restore it if the agreement
'is cancelledi and apply to Pinellas County for removal of this property from
the tax roll. Assistant City Manager Mike Paroby said the City had reached an
agreement with the Corporation for use of this prime waterfront property, which
..
, "
. . ~ 1:"
..
, ,
:' :~:,l:'rp:',;', :' '::":1,( '~~.':~,,"',
; ~ . ~ :, ~,:'
'<J ~
, ", ~.
. -.~ ....,...." ...;; ".'1-"
. '
< .':. ~.~'J"~~~l..~l')ftI"'i'.-H40k~...",... -'._'"
,
-5-
l.ft{. ;', ~:,," :}:'..':')i:'m({~:';
3 ","',' , 'if'"
. , , ;", ,',,;., .~ .iv' ~l l
, ,> .0: ". "I 'r :~:f\:}t~:.~~~ "1.,
, , .. " ,.""~ l,
,}, ~','~iJ:~tl
. " , ~.: ,\>~
... '. ': <.>).~~ ';'~
.'", ", ~ ~. \
, " ,~'i!lr~~~.,';,,~'<"il";~,~{,!I""'~J~'ll:t.,,~~~T(t\~~~\fftl~~~~"!~~"'~,~~~~~f;'~"'1>~~I. i'f: : ;' '
'~t';~:I,.:~"~':':)i""~;":'I"I';'Y:':" ~\J < 't.:: <~~J,.\.~~'.:...:~:~:.' :~."...t'.tf~~c::' "~.,:t.~.(~.}' .~~.~"'\ ~";"}'~'I'.,.f'".~i-'?'~';~{,.\".\"':';'i"":'-~:):' ,',' )l: "
,h ; 'V .,~ ,,~~,!,~1;0'.~,'\~~tli;,i~~'~~J}~;Mt\~i)J~~;'~\i~\'b\ir~tl~~~..;,,~~~~&~~t~,,~,,~,{j;:t~!+i':-r' '< (;
'".~ N'1, ~~~~~w...""-:-I l' ~ ~. -' < ......u '
'"
CITY COMMISSION MEETING
JUNE 3, 1974
the staff feels is vital in buildin~ the proposed recreational-marina
faoility. lIe said Florida Power would not sell outright and no suitable City
property could be found for exchange. Mr. Paroby said the Corporation, in its.,
ten year plan~ envisioned no need for the property for a SUbstation. He noted
that $100 monthly is veI'y nominal since the City could derive t from 26 parking
spaoes thcre for ca~s and boat trailers, about $1100 monthly and anothe~ $400
. monthly from boat Slips adjoining the property. Mr. Paroby said he had
spoken to owners of private adjoining propcrty and they had favored the agree-
ment.
Commissioner De Blaker noted there was no safeguard against Florida Power
canoelling the agreement after tho City improves the property. She suggested
inclusion of a specified usa~e pe~iod in the agreement, and that signing it
be postponed until the City 16 better prepared to build. Cecil Henderson,
Assistant City Engineer, 'said park1ng J.ot constructiuu WUU.LU cost about $11,000
during the first year. Mr. Paroby said Florida Power has agreed to make prop-
erty west of US 19 available for City use as a bicycle path route. Mr. Paroby
said Loomis Leedy, consultant, will recommend as to financing construction of
these parking facilities b~t the staff feels this can be done through a
revenue bond issue. Some discussion ensued over removal of the property from
tax rolls. Upon suggestion by Acting Mayor Williams this matter was returned
by consent to the staff for further study.
ITEM #10 - Proposed Women's Club Easement Agreement. W~ of SE~,
Sec. 9-29-15. (Contd. from May 20).
Assistant City Manager Weimer read the City Manager's recommendation for
approval of an easement, for the Clearwater Women's Club, to Use and occupy -
for teri years - a Club building at Waterworks Park for one dollar per year,
stipulations contained in the agreement as to termination, insurance coverage,
repairs, and maintenance. Commissioner De Blaker moved that this matter be
continued to the Commission's regular meeting of June 17, 1:30 p.m. Com-
missioner Rankin seconded the motion, which carried unanimously.
ITEM #12 - Request for Occupational License - Sale of Reconditioned
Major Appliances, 315 S. Greenwood. (J. Marshall.)
Assistant City Manager Weimer read the City Manager's recommendation to
grant an occupational license for A and Z Appliances, 315 South Greenwood
Ave. Commissioner De Blaker moved that the City Manager's recommendation be
accepted. Commissioner Rankin seconded the motion, which carried unanimously.
ITEM #13 - Request for Zoning Change - Lots 1 and 2, Block E, Lakeview
Heights SUb., From RM-12 (duplex-apartment) and PS (professional services) to
CG (general business). - M. Stone.
Assistant City Manager Weimer read the City Manager's recommendation that
this request be accepted and referred to proper departments for appropriate
action and pUblic hearing. Commissioner Rankin moved that the City Manager's
recommendation be approved. Commissioner DeBlaker seconded the motion, which
carried unanimously.
ITEM #14 - Bids:
a. 6" Cast Iron Pipe for Inventory.
Assistant City Manager Weimer recommended accepting the low bid of U.S.
Pipe and Foundry, Birmingham, Ala. Commissioner Rankin moved upon the recom-
mendation of the Assistant City Manager that the contract be awarded to U.S.
Pipe and Foundry, Birmingham, Ala., in the amount of $42,880.00, 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, specifications and bid. Commissioner De Blaker seconded the motion,
which carried unanimously.
b. Fork Lift for Sanitation Division.
Assistant City Manager Weimer recommended accepting the bid of Inter-
national Harvester Co., Tampa, the lowest bidder meeting specifications.,
Commissioner DeBlaker moved upon the recommendation of the Assistant City
Manager that the contract be awarded.to International Harvester Co., Tampa, in
the amount of $10,500.00, which is the lowest and best responsible bid and
that the appropriate officials of the City be authorized to execute said con-
tract which shall be in accordance with the plans, specifications and bid.
Commissioner Rankin seconded the motion, which carried unanimously.
, ,)
'.' .
,\
"
", . "
. '.. ~ '. ~ I. ..
.:,' "" ,~..'.: ,(:\ ::~. '.: /
::' ,:': ;,,:<~':":';':\)':'
"
. J .' r'~.'
"
~ ~. > , . , I
. ,I ... -..._,~..~"...... ~1'."""."" IIH.......,..-I........ ~..H;;'~
'i. .
-6-
CITY COMMISSION MEETING
JUNE 3, 1914
ITEM N1G - Verbal Repo~ts and Other Pending Matte~a.
Assistant City Manager Weimer said the ~equest by Donald Bleakley for
vacation of an alley on North Osceola will be put on the agenda fo~ the
Commission's regular meeting of Juno 11. Commissioner OeBlaker objected to
this request. She said there is n question of ownership, with the City
probably owning part of the property in question, and that there might be
violations of zoning regulations there, and this involves the City's loss of
tax revenue. Some discussion ensued about particular areas to be included in
this action and blanket coverage in these areas. She moved that the City
Commission, under Section 19 of the Charter and Section 31l.07 of the Zoning
Ordinance (1) instruct the Planning Department to file immediately an
application to rezone this property to its original RM-12 zoning; and (2)
instruct that department to file applications for rezoning all spot zoned
properties lying within 500 ft. of the waterfront not currently being used
commensurate with zoning, to a zoning commensurate with present use and;
(3) instruct the Building Department not to accept for consideration any
application for building permits on these particular properties so designated
by the Planning Department until public hearings have been held to consider
down-zouing. Commissioner DeBlaker emphasized that she had not moved to
down-zone, but to hold public hearings. Commissioner Rankin seconded the
motion, which carried unanimously.
Commissioner Rankin moved that, to conform with City fire-fighting
capabilities, the Planning Department be instructed to consider and prepare
as soon as possible an ordinance changing the City's zoning regulations and
limiting the maximum height of any building, except in the central business
district, to 80 ft. Commissioner DeBlake~ seconded the motion, which carried
unanimously.
Commissioner Rankin then moved that the Planning Department be instructed
to make a study of reestablishing density standards across-the-board SO the
maximum density will not exceed 28 units per acre and that a public hearing
be held regarding an ordinance to this effect. Commissioner DeBlaker seconded
the motion, which ca~ried unanimously.
. Commissioner DeBlaker moved that Mr. Bleakley's request for a Public
Hearing regarding quit claim deed be denied. Commissioner Rankin seconded the
motion, which carried unanimously.
Commissioner DeBlaker moved that the Commission instruct the Planninr.
Department to recommend down-zoning for other areas, within 500 ft.' of the
waterfront, having zoning which is not commensurate with present usage to a
zoning more commensurate with present use, paying immediate attention to areas
which, as defined by the environmental planner, might be environmentally
endangered, and that no building permit application be accepted for any of
these areas until the Planning Department makes its recommendations. Com-
missioner Rankin seconded the motion, which carried unanimOUSly.
Mr. Weimer.
Assistant City Manager ~~eimer noted that the City Manager recommended
holding a Briefing Session, on June 10, to gather Commission input about the
1971l-l975 City budget, especially regarding population growth, inflation and
program emphasis, and to discuss the current status of housing projects and
their funding. By consent, the Briefing Session was scheduled for June 10.
ITEM #19 - Other Commission Action.
Commissioner Rankin.
Commissioner Rankin reported rece1v1ng complaints about concrete piling
up on Edgewater Drive. He asked about the status of the beautification and
about the sewer line from Sand Key and the south part of the Beach to the
Marshall Street Plant. l1r. Paroby said the beautification is proceeding but
the staff must complete an application to the State and stake out the bulkhead
line survey, which will be done very soon. Mr. Henderson said the City is
trying to avoid pushing any material into the water. Mr. Paroby said the
sewer line should be completed this week.
Commissioner DeBlaker.
(1) Commissioner DeBlaker suggested that Mrs. Timothy Garvey, 525 Casler
Avenue, who has worked closely with the Friends of the Library, should be
appointed to the Library Board. (2) Commissioner DeBlaker handed to other
members of the Commission, forms for suggestions as to limitations of Advisory
Board terms. (3) She noted that the Commission had, not received adequate
information so that it could make motions that were more, specific, regarding
~' the Golf Park, than those passed at the Commission's May 20th meeting. She
" ' , , a,lso noted that the City has since received a letter dated May 28th from the
:~tt;;~)1~):/>\.::",.~~lnal'k'~ attorney .tating hi. client ha. not been in default to the City.
..L'_~.}~;:'4;l',~, ,:,,'t\...,.\~, ," , " , , "
j;'!4:!~;'~0{~~I~~{~~;;X:':/??~~;~:;),' \,,',",':" I
~c."t,,)r..tll.,~.(t ,\ ')}~'. ,. r ~" It .L ,\
f,1;',i,:idl,(.,';IM}.f\W>(i:;/;'\">"';::', :.. "'" I ';',
'l!~t.....jb "7"J ~~"":4l;-.~~,~, . r'" ~.. .... L
1fllj,.~~'~~'J~,:~:.!~,4'J.\'~~'fr ~;," ~}'.. \' p'",
~.~'..,.'
..". ~. I..........'..., .~...._,....,.~~,...,...""'~."';.1I,,............ At'''.....r..._............... ............"....~....\.;'p-=-
." . _,i "'~~'1~::l'1i'r"~lF'''~'~t'~ff1!fl;'l'\''p,l~.,ry,;~,t.~r'~\1~ti;~.~,?,,'~~~t(~'~~wt~~.t~~~~: '.
:'''''I.~ ....>:~~'.'. ~~'c' '," "i..: ".;.',.. r. . ~.':. ':',/'/"..' He ")I.;..,r: . :It. ':;..~~.:,: ;'~ .;'.'~ :"'t\'.'.~.\J: ~:. ...; ~.,;,..:'.../~';"J~'
I." h!'~~)>}, ~~ :.1jr~' !~.~izii~ '~(-:.".;I :;,;',::~ ..~,:,,','l;:/ :~~}.'~~~.~,~~,;\.{~:t'11';~~~;r~I:L: 'A~r~,;~ \'~)1~v,\~t}r~~~'~;f~th:~~!}{~}~<.;~~~~\~.' ~ '~ ~.lj~i'
..' ~UW!'~~~*'*"~' '.,
."
<, ;.1.. .
t :i
. ". T'
-1-
CITY COMMISSION MeeTING
~TUnE 3, 197/1
Commissioner De Blaker aaid she believes the Park remains in default for rentl
percentaRe of aircraft aales, and for divt taken from the property - dirt wh ch
was Gupp~sed to be restored or paid for within 30 days after removal. She
moved that the proper City officials be authorized to give due written notice,
under Section 20 of the lease of March 1, 1910, to the Park's operators, as to
possible dofaults under Sections 2 and n of the lease. Commissioner Rankin
seconded the motion, which carried unanimously. Some rliscussion ensued over
definition of night flying and date of sip.ninr. of the lease.. The City Attorney
noted that Mr. Russell St. Arnold, President of Clearwater A~rc~aft, wan not
at. the meetin~. 11r. Brown noted that the matter had been continued to June 17
at the meetinR of May 20 and said the City'a staff will confer as to whether
there is a default. Commissioner Rankin noted this mip,ht effect the lease.
ITEM #27 - (Ref. Item 019) - Emerr.ency Ordinance #1516 - Amending Chapter
14 of Code, to Prohibit Night Landings of Airplanes.
Commissioner De Blaker moved that Item #27 be considered next. Commissioner
Rankin seconded the motion, which carried unanimously. Actinp, Mayor Williams
opened the matter to discussion. Fred Passonno said the City would be unfair
to fine tourists, if they knew nothinp, about the night flying prohibition, for
landing on the unlighted field. Burl Hamrick, owner of Hamrick Aerial Surveys,
recommended an impartial board be asked to arbitrate. ~e noted that businesses
at the Airpark are clean and employ many citizens. Riley McGraw, former pro-
fessional pilot, noted that the Airpark is an important link between the City
and many other airports; safety is an important consideration among private
pilots; and airplanes are much less noisy than other vehicles. Some discussion
ensued over night landing methods. Commissioner De Blaker moved to continue
this matter to June 17. Commissioner Rankin seconded the motion, which carried
unanimously.
ITEM #21 - Second Reading - Ordinance 01500 - Authorizing Condemnation
Proceedines for P~erce Boulevard Extension.
Assistant City Manager Mike Paroby displayed an aerial map of property
recommended by the staff for this extension. He told of negotiations - which
resulted in this recommendation - and of compromise with the County, consider-
ations being preservation of the waterfront area, aesthetics and avoidance of
necessity for entirely new environmental study.
Norman Bie said that the Engineering Department called for a road that
is not suitable for maximum traffic loads. He warned the City about adverse
real estate transactions. The City Attorney said the Ordinance contained
incomplete legal descriptions and should not be passed until corrected. Com-
missioner De Blaker expressed concern over property cost figures, requested a
drawing, and recommended continuation of this item until the Traffic Engineer-
ing Department can make further input. She noted that the Causeway Bridge,
two traffic signals and a two way street around the Courthouse cause numerous
traffic problems. Mr. Bie recommended that the matter be allowed to go to
court, the road planned according to the best engineering data, the necessary
property appraised and condemned and a fair price paid.
The City ManaRer assumed his seat at this time.
The City Manager said staff plans, which Mr. Bie opposed, included con-
sideration of ecology,and best engineering design and was a compromise with
the County. Some discussion ensued over cost of a straighter road, County
parking lots, Osceola Street and the County Health Building. Mr. Paroby said
, the road, as proposed by the staff, is the most realistic, for the City, at
the best price. Commissioner Rankin moved to continue this matter to the
Commission's regular meeting of June 17, 1:30 p.m. Commissioner De Blaker
seconded the motion, which carried unanimously.
ITEM 022 - First Reading - Ordinance #1510 - Amending Zoning Atlas
and Zoning Ordinance of the City.
The City Attorney presented Ordinance #1510 for first reading. Com-
missioner Rankin moved that Ordinance #1510 be read and considered by title
only on the first reading by the unanimous consent of the Commission. 11otion
was seconded by Commissioner De Blaker and carried unanimously. The Ordinance
was read by title only. Commissioner Rankin moved that Ordinance #1510 be
passed on its first reading. Motion was seconded by Commissioner De Blaker
and carried unanimously. .
. ,'.
.,
,
. ~. '. T
.(
. ,
-........-..,
: "\} "}~ \~II.:; . c'. ~
" .
, . .,-~'-t. ',.......-.._.~"...........'~-:-. <, ':~~;,'>:~..,../ . '_~ : ':' . ::.:::,;':. +~
1.f;.":-"
lo.T,
. "
..'f~ ~ 'c ; .
..... . . \.... ~ .......
I,
['.; !.
-8':'
CITY COMMISSION MEETING
JUNE 3, 1974
jJ'
TI,:j
\iIi
,}~
:11
.;. ~~
.'1
01
.f. '
ITEM #23 - Fi~st Reading - Ordinanoe #1511 - Amending Seotion 4-18 of
Code Relating to Intoxioating Liquors to Enact a New Zone 19N. - L. Goooh,
Part of M6B 31 in NE~ ~f SE~, Seotion 18-29-16. (NW Corner US19 6 Druid Rd.)
The City Attorney presented Ordinance 61511 for first reading. Com-
missioner'Rankin moved that Ordinance N151l be ~ead and oonsidered by title
only on the first ~eadinR by the unanimous oonsent of the Commission. Motion
was seconded by Co~issioner De Blaker and carried unanimouoly. The Ordin~nce
was read by title only. Commissioner Rankin moved that Ordinance N1Sll be
passed on its first reading. Motion was seconded by Commissioner DeBlaker
and carried unanimously.
ITEM #24 - First Reading - Ordinance #1513 - Amending Section llA-4 of
Code Relating to Housing, re Procedure for Non-compliance by Owner in Minimum
!Iousing Violation.
The City Attorney presented Ordinance #1513 for first reading. Com-
missioner DeBlaker moved that Ordinance #1513 be read and considered by title
only on the first reading by unanimous consent of the Commission. Motion was
seconded by Commissioner Rankin and carried unanimously. The Ordinance was
read by title only. Commissioner Rankin moved that Ordinance #1513 be passed
on its first readinp,. Motion was seconded by Commissioner DeBlaker and
carried unanimously.
ITEM #25 - First Reading - O~dinance #1514 - Amending Section 7-2 of the
Code and Section 103.4 (7) Relating to Unsafe Buildings of the Southern
Standard Building Code, re Procedure for Non-compliance by Owner.
The City Attorney presented Ordinance #1514 fo~ first reading. Com-
missioner Rankin moved that Ordinance #1514 be read and considered by title
only on the first reading by the unanimous consent of the Commission. Motion
was seconded by Commissioner De Blaker and carried unanimously. The Ordinance
was read by title only. Commissioner Rankin moved that Ordinance #1514 be
passed on its first readin3. Motion was seconded by Commissioner De Blaker and
carried unanimously.
ITEM #26 - First Reading - Ordinance #1515 - Annexing and Zoning Portion
of N~ of SW~ of Section 7-29-10. - Trinity Baptist Church.
The City Attorney presented Ordinance #1515 for first reading. Com-
missioner Rankin moved that Ordinance #1515 be read and considered by title
only on the first reading by the unanimous consent of tho Commission. Motion
was seconded by Commissioner De Blaker and carried unanimously. The Ordinance
was read by title only. Commissioner Rankin moved that Ordinance #1515 be
passed on its first reading. Motion was seconded by COlnmissioner DeBlaker and
carried unanimously.
ITEl1 #28 - Resolution - Affirming Building Official's Recommendation -
Unsafe Building Violation - 707 N. Ft. Harrison - See ltem ff5.
iTEM "2~ - Xesolution #74-63 - Dedicating R/W for Countryside Blvd. (29/30-28-16.)
Commissioner Rankin moved that Resolution #74-63 be passed and adopted
and that the appropriate officials be authorized to execute it. Commissioner
De Blaker seconded the motion, which carried unanimously.
, ITEM H30 - Resolution fl71~-64 - Assessing Liens for Lot Clearing Charges.
Commissioner Rankin moved that Resolution inl~-64 be passed and adopted
and the appropriate officials be authorized to execute it. Motion was seconded
by Commissioner DeBlaker and carried unanimOUSly.
ITEM H31 - Authorizing Execution of Addendum to Agreement - Religious
Community Services, Inc.
The City Attorney presented for approval an addendum to agreement
regarding emergency housing and Project Playpen. Commissioner DeBlaker moved
that the addendum to agroement as outlined by the City Attorney be approved
and the appropriate officials be authorized to execute it. Motion waG seconded
by Commissioner Rankin and carried unanimOUSly.
, '
, ' '
. ,I
'\.
"
; :
t '.:
, .~:. .' '. .'
-I' ~. '.
<'.\ .
. .. t j ~,'" . . \- ,',
.' . '..' l:'" ',':'. -r-';,:'. :>" \<," "<!~:7"'''''''~:.''~~~.'~'~''''':"~~.M~, .......~"Y.I7"~_..::.(.~li,...........?~,.;'::~;-i'.-:.""':"" .
I
t.~.
i. ',0<."
:,~~'~~:;<.:/',' ,:~,'
. .' .' 1 ~
I ',~ '" .
, ..
. ,.' "
.i! ..~ .. '
, ;'; . .' .
\,
. i\
:; C,'::' ;':;'::: \'JV:L
, ~\','" '~ ,I '::::'~:; \:',
< '.' ". '. '1.< : ~ .
, "
, \'
.',
.~r' "",1. .
'. ,I,
. .
-9-
CITY COMMISSIOn MEETING
JUNE 3, 1914
, '
" ,
I
.j' .
1
,
ITEM (132
Acceptance of Deeds and Easements:
. ..J.,
. I~)
The City Attorney presented the following instruments;
Easement for drainage and utilities from Trustees of Trinity Baptist
Church in SW~, Sect. 7-29-16.
Quitclaim Deed from Trustees of Trinity Baptist Church for rir.ht-of-~ay
of m: Coachman Rd. I Sccti 1-29-16. .
Warranty Deed from Trustees of Trinity Baptist Church ,for right-of-way
of, Shnrkey R<;l., Sect. 7-29-16.
WarrnntyDecd from U.S. Home of Florida, Inc., for right-of-way of
Countryside Blvd., Sects. 29 & 30-28-16.
Dedication from Florida Power Co~p. for right-of-way for Countryside
Blvd. in SW~t Sect. 29-28-16. '
Commissioner Rankin moved that the deeds and easements, as outlined by
the City AttorneYt be accepted, and that the City Clerk be directed to record
the same in ,the pUblic records of Pinellas County, Florida. Motion was seconded
by Commissioner De Blaker and carried unanimously.
Item U33 - Resolution #74-65
Lot Mowing.
The City Attorney presented Lot Mowinp, Resolution #14-65. Commissioner
Rankin moved that Resolution #74-65 be passed and adopted and that the
appropriate officials be authorized to execute it. Motion was seconded by
Commissioner DeBlaker and carried unanimously.
There being no further business, the meeting was adjourned at 4 :1~4 p.m.,
'by motion of Commissioner Rankin, seconded by Commissioner DeBlaker and
carried unanimously.
~"
Attest:
, ,
'. ,
f~~~;}~j;;:\,::;;:k:;i:\:',<: ,,' ;, " ' .,'" , , " . ,', :,' .' .' \;,
1.),. .~t, V ..j....(1.r...-',. ",,''''';'\., ""t,+,~ .~ .lJ '. '.. 'f ' I. . ,,'.>,
' , "~.';~1'~0:.~~,~~;~{~~~/~\~(;~,:;f~~;~.);;}~;~>\.>~>:'..,:::,...,,.,;,: "', ~ .,-"",,', ..,.. ,;.' .. i,' ':'" '; ;',., ,',-<.. ":;" ',.' ;>"'. (',' ':'\',:'~',"~:'>'~':,.;/r~'i~::;:~,~~
1~f~"~'1~"it",<<,h~ ")'" ..;'.' "''.,', ,..' ,,' ", ,~ ,"" '.' r',. ". ,'. I '.".,,': d, '," ,."/,,.
~~~$-~,:,=-,~I,;t"~T.<<j~.,'.~1J'~"':-L'J ::"~l':/'~ :'~I~ "'I'.,~,jh '~II.'~ ~ " " . i ~ .'~. , .," . \.'j' I ~ ~". 'F "~'-l '~~;'ILI"~;"'''''~'~
~ ~\~~%t.\~\}l~~'~~"'~"'~X~;.f/;~~\'.'r\.~':~lr{~'Or~!;(:d.~\':~M"'T',~.,J'r':~ '..' " .:/' . .',.. ~ '.v.:" ,r.',.",_ '" " . [": . : ,~'~\'i'F.~, .;~,:.~,:'rr;",,'.~.'.~'~~~~.
~ . ~i"i '.~~41"";'!!3~}';J..:~f~\;'I'~<;'~'.!,~I::~~~'~L\\.".~:l..,\: ;':f;'. "',:' ~;' ~. . ,H 'r' ''I ] .]: ," '>"d"~(' "L't: :./;:.',>. .::~;: '.', j.:.~,::.I:~~'~...:'~.~<~t'J~..'!f"~vf...\
",."(:r"'f'i.b:""~~'\','r'~'fo.,(~..~:~,,.,...Lj",,~ "~" 'I ;.' " ~"". ',., :.".l} 'I. ,11~1" ,l~.'\"'i ...~I~..._~'1...~o .........:)li;\~}-it...,~,
1.1, '(.\~f;rr~~~."'~.('~~:-~l"""I\"""~" /' .... '..1'>. ,~~ ,.".~" .~...'r ,I, >'~ 1-: ~II ',\. ~ ..~. \ ," ,. L ......t-..j.!'f'.:JI\r~\........"';;.'i-~I6{.~
[f/.-."I~..tf.l~(trf~.~:+;-Ar~",l.J'''~'~tr<L,{t\~t)T'',:.,.:: \,< '~i.1--t,".''' '1 .;o....';li ~ . .~,'.,~..I..{>.,~iv.,..~~..,......'t.,!O,)~L:~... ;~:~...,5.;.'tt'r\~~..~?r'1-
U\.j:,;l':f'~~t,~',";l~1..}''''~/.lJ:!\1~,,'I~''l''', ~"II,r,;~' 'r, i!,' '",." ,>~"I,.I" I ." /,l, '.,OH','j ~ ;-t' J n > Il:.. <...'. l~j .,' ~ ~'''')'if~~U-l'-\~''1~,\,,,,,,.,'''\.l';l~.-t:~''1
"... ...... ;;}"~)Ot. ., y. " .l '\. I '~>' '.i. ~~. ~. ~.. ~~ u. ~ ... '" ' .. . "."l. '~f<l;"1 r. ...
(I ''''l.o~};iJ::-ll,t~.7<-~'~i~n~ h~li~~ ~ \. ~>p);: ~ t<, F" L~ J. ~~ 'l~' ~ ''''J '.~ , :-:,'. \': . , ,I. i \ ~ '.:,: 1."\ . ; ,1 ".: . ~ 1, '; l. . .' ", f \ '\ '~.:~\ r '" ~ ..r;\ r.:.l.~.;,)'~:. ~ ~~t':~'~/,~F' ..t
~':r-~~~_~'~~.1...r~'i.-;-, ~ "".,,}..~...... ,~....,...r.' '.~'.' " .1'->.,1\-01"'.. "'/)~,,"''fJlJ'''--.
.'