05/05/1975
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CITY COMMISSION MEETING
May 5, 197 5
The City Commission of the City of Clearwater met in regular session at
the City Hall, Monday, May 5, 1975, at 12:30 p.m., with the fOllowing members
'present:
Joseph Carwise
Karleen F. DeDlaker
John F. Rankin
Karen Martin
Acting Mayor-Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Picot B. Floyd
Guy L. Kennedy, Jr..
Cecil Henderson
Frank Daniels
City ManaRer
Acting City Attorney
Assistant City EnRineer
Police Chief
Absent:
Gabriel Cazares
Mayor-Commissioner
The. Acting Mayor called the meeting to order. The invocation was given
by Father Joseph Bergdoff of St. Cecelia's Catholic Church.
Commissioner Rankin moved that the minutes of the special meeting of
April 11th, and the minutes of the regUlar meetings of April 7th and 21st,
1975, be approved as recorded and as SUbmitted in written summation by the
ClerK to each Commissioner. Motion was seconded by Commissioner Martin and
carried unanimously.
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ITEM N4 - Citizens to be Heard.
Donald McFarland, Attorney, representing area property owners and
citizens re use of the City Hall Annex property facing Missouri Avenue, as
a storage facility, presented pictures of the storage yard Showing the equip-
ment stored there; a newspaper clipping from the Friday, May 2nd, Clearwater
Sun, with the ,headline, "Clearwater Getting Older and More Affluent"; and a
copy of.a plat showing the property and the fenced in area. He stated CG '
zoning restrictions do not allow use as a storage yard and a public hearing
should have been held. The Building Director stated a permit had been issued
for a temporary parking area and this situation would be corrected shortly
when a new area on the west side of the lot will be completely screened for
Use as a storage yard. Commissioner Rankin asked Staff to investigate and
report back at the next meeting.
Bonnie Harder, of the Horizon House Apartments, Island Estates, questioned
the condition of the lot across from the apartments after heavy equipment had
been stored there for sometime while sewer work was being performedt and was
assured that the contractor will reseed the property.
Hugh Boyle requested the City check the debris on a vacant lot between
Lakeview and "E" Streets, and also the paving of Hamlet Avenue, a dirt road in
the area. He was referred to Mr. Paroby.
Marion Stone, representing the American Association of University Women,
rp.ad a letter calling the attention of the Commissioners to a state law
effective October 1, 1974, banning smoking in elevators, and asked that the
Cdmmissioners consider a no smoking ban in City Hall.
ITEM US - Criteria for Selection of City Attorney.
The City Manager presented a draft of a letter to be sent to potentially
interested persons in filling the position of City Attorney. He also sug-
gested that resumes, rather than applications, be requested. Commissioner
Rankin moved to authorize the City Manager to send the letter with a copy of
the job description, to have full latitude to do all things necessary to .
expedite the matter, and to ask the Bar Association committee to outline the
limits of private practice for a part-time attorney. Deadline for responses
to be May 23rd, 1975. Commissioner Martin seconded the motion which carried
unanimously.
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CITY COMMISSION MEETING
May 5, 1975
ITEM fl6 .. Cu~rent Wastewater Treatment Plant Capacity Report.
The Utility Director presented a report on the number of unit hook-ups
still available for use in the wastewater treatment plants. Commissioner
DeBlaker moved to accept the report but asked that the Building Review Com-
mittee continue to follow existing Commission guidelines on the issuance of
building permits. Commissioner Rankin seconded the motion which carried
unanimously.
ITEM H7 - Financial Plan for Required Wastewater Improvelllents for
1975..79.
The Briley-Wild report was, presented in two parts. John Dennis pre-
sented the history and realignment of pl:'ojects as required by new laws.
Dick Gassett discussed projected population figures which were used for the
rates, the rates themselves! the operating and maintenance costs of waste-
water treatment, and summar1zed the rate study. The City of Clearwater has
been approved for an allocation of 75\ federal funding with the City providing
$11,000,000 for the proposed Clearwater Northeast Plant and the required re-
lated projects. The suggested increased tap fees and sewer rates would pro-
vide $3,000,000 and the balance of $8,000,000 could be raised by a utility
revenue bond issue. The report also recommends tap fees be collected at the
time building permits are issued.
Commissioner Martin moved to change the policy on tap fees, that they be
col!ected immediately on issuance of building permit. Commissioner Rankin
seconded the motion. Commissioners DeB1aker, Rankin and Martin voted IlYes";
Acting Mayor Carwisc voted "No.1l Motion carried. Several citizens spoke and
asked questions as to whether o~ not the plant would keep up with growth or
would it be out of date, and possible taxing for garbage disposal units.
Commissioner DeBlaker moved that the report of B~i1ey-Wild be accepted
and a public hearing be set for May 19th, 1975, at 12:30 p.m., to consider
sewer rates and tap fee adjustments, and that the City Manager be authorized
to proceed with the $8,000,000 bond issue. Commissioner Ma~tin seconded the
motion. Upon the vote being taken, Commissioners DeBlaker and Martin and
Acting Mayor Carwise voted "Yes"; Commissioner Rankin voted ttNo. It Motion
ca~ried.
Donald Williams asked for cla~ification of the implementation of
collection of tap fees. He stated large projects would be set back 3-4 months
and would probably have to refinance their operation. He suggested the sewer
tap fees be collected at the time the p1umbinR permit is issued. Commissioner
Rankin moved to rescind the previous motion changing the policy on COllecting
tap feee as soon as the building permit is issued and, instead, to direct the
staff to check into the matter and to come back with a recommendation. Com-
'missioner Martin seconded the motion which carried unanimously.
ITEM #8 - Grant Application to Governor's Highway Safety Commission.
The City Commission, on April 21st, 1975, authorized the hiring of
Charter Engineering, Inc., to make a digital simulation and to prepare a
grant application. The grant would aid in developinfl new accident reporting,
pedestrian safety and computerized traffic signal control programs. Both are
ready to be presented to the Governor's Highway Safety Commission. Funds are
still available from the 1970 General Obligation Bond issue and if the grant
is approved, the City Commission will have first refusal on the terms of the
grant.
Commissioner Martin moved that the appropriate officials be authorized
to execute the grant application. Commissioner Rankin seconded the motion
which carried unanimously.
ITEM #9 - Chesapeake Villas Status and Funding.
A resume of the expenditures for Chesapeake Villas was given by Tony
Shoemaker. He stated the City had purchased the land for $37,000, and
$10,000 to date had been spent on project costs, making a total of $47 000.
At this time, they feel it will take an additional $40,000 to b~ing th~ units
to salable condition. The expenditure of additional funds ~o include new air
conditioning units would make them livable but possibly not salable because
of the conditions of the neiRhborhood. Authorization was given to the City
Manager to contact officials of nUD and to discuss with local realtors and
contracto~s suggestions and/or ~ecommendations fo~ this area.
Commissione~ Rankin moved to con~inue this item to May 19th, 1975. Com..
missioner Martin seconded the motion. Upon the vote being taken, Commissioners
and ~ankin voted ItYes1t; Acting Mayor Carwise voted tlNo.1t "
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CITY COMMISSION MEETING
Hay 5, 1975'
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ITEM U10 - Payment to County fo~ Right-of-Way Costs at the US 19 and
on 60 Overpase'.
Commissione~ Rankin moved to app~ove.paymcnt of 0296,376.10 as recom-
mended and withhold $191,926.00 pendinR settlement of conteoted costo.
Also ~equire written statement from County Commission showing payment in
full with exception of questionable item. commisoioner DeB1aker seconded
the motion which carried unanimously.
ITEM H11 - Request to Purchase Po~tion of City-Ownod 320-Acre Property.
(In S~ of Section 21-28-16.)
The Pinellas County School Board has expressed an interest in purchasing
15 acres of City property situated west of McMullen-Booth Road and north of
SR 0580 to expand its proposed Countryside School site. The recommendation
is to authorize the City Manager to obtain an appraisal, and, to obtain a
release from St. Petersburg for its rip.ht of first refusal.
, Consensus was that this property was purchased by the General Obliy,ation
Bond Issue and a ~eferendum would be in order before it could be sold. Dick
Prokes, of the Parks and Recreation Board, stated that the City has a use for
this property.
Commissioner Rankin moved to deny the request. Commissioner DeBlaker
seconded the motion. Commissioner DeBlaker, Martin and Rankin voted "Yes";
Acting Mayor Carwise voted "No." Motion carried.
ITEM "12 - Request to Waive Sewer Tap Fees - UPARC.
Commissioner Rankin moved to continue this item to May 19th, 1915, as
requested by letter from the Altrusa Club. Commissioner Martin seconded
the motion which carried unanimously.
ITEM 013 - Joint Water Service Agreement with Pinellas County.
This agreement would allow the City to assimilate the customers of the
County water system who are inside Clearwater's fire district into the City's
water system. This consolidation of fire and water service areas would
eliminate dual efforts of the City and County and will give Clearwater an
additional source of revenue. .
Commissioner Rankin asked for a study from a Utility Accountant' and
moved to set a public hearing on June 2nd, 1975, at 12:30 p.m., and that the
City Manager enter into discussion with Pinellas County officials. Com-
missioner Martin seconded the motion. Upon the vote being taken, Commissioners
Martin and Rankin and Actmng Mayor Carwise voted "Yes"; Commissioner DeBlaker
voted "No." Motion carried.
ITEM #11\ - Request for Zoning Amendment - Lots 7 to 12 inclusive, Block
9, Pine Crest SUbdivision, from RH-l2 (duplex-apartment) to CG (general
business) - J. Turner et al.
The Staff recommendation is to deny the request as it is not in accordance
with the Comprehensive Plan. Acting City Attorney Guy Kennedy stated that
any property owner has the right to request a change of zoning.
Commissioner Martin moved to accept the request for zoning change and
refer to the proper City departments for appropriate action and pUblic hear-
ing. Commissioner Rankin seconded the motion which carried unanimOUSly.
ITEM #15 - Bids:
a. 1915 Street Sealing Contract - Low Bid, Campbell Paving Company,
Clearwater: $811,100.00.
b. Installation of Tapping Saddle, Valve and Appurtenances on SR 580 -
Low Bid, Boyce Company, St. Petersburg: $19,815.00..
c. Tennis Courts, Roadway and Parking Lot (McMullen Park Tennis Complex
in Section 18-29-16) - Low Alternate Did, John W. Daniels Paving
Company, St. Petersburr,~ $73,~GB.40.
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CITY COMMISSION MEETING
May 5, 1975
Tennis and Basketball Cou~ts (Del O~o Park in SE~ of SW~ of Section
.9-29-16) - Low Did, Dig "K" Construction, 2101 NE Coachman Road=.
$23,268.00.
Tennis and Basketball Cou~ts (Valencia Park in NE~ of N~ of Section
1-29-15) - Low Bid, nip, ilK" Construction: $211,640.00.
BaSketball Court (Wood Valley PlaYRround, MEB 9-lA in Section
8-29-16 and Wood Valley Unit 2, Blook 15) Low Bid, Big ilK" Con-
Bt~uction: $9,940.00.
Automobiles 8 Truoks - Low Bids: Item I (5 oars) to Clearwater
Ame~ican Auto Sales: $14,629.45 with t~ade-in. Items II! III, IV
& V (I" trouoks) to Kenyon Dodge, Clearwater: . $16,911.01 W1 th trade-
ins. G~and total of $31,5110.46.
The City Mana~e~ withdrew Item f. He summarized the bidding on Items a,
.b, c, d, et g and reoommended aWa~ds as indicated. Commissioner Rankin moved
upon the recommendation of the City Manager that oontraots for Items a, b, 0, d,
e and g be awarded to the bidders in the amounts indicated above, which are ,
the lowest and best ~esponsible bids, and that the appropriate officials of
the City be autho~ized to exeoute said contracts which shall be in accordance
with the plans, specifications and bids. Motion was seconded'by Commissioner
DeBlaker and carried unanimously.
d.
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f.
g.
ITEM H16 - Discussion of Possible Revision to Community Relations,Board
Ordinance. (Requested by Commissioner OeB1aker.)
The Chairman of the Community Relations Board has asked for approval of
the bylaws that they have drawn. Commissioner DeBlaker moved that the Aet~ng
City Attorney draw up a new ordinance includine any sup,gestions that have
been made. Commissioner Rankin seconded the motion which car~ied unanimously.
ITEM #11 - Appointments of Advisory Board Members.
Commissioner Martin moved that A1be~t P. Rogers be reappointed to the
Beautification Committee. Commissioner Rankin seconded the motion which
carried unanimOUSly.
Commissioner Ma~tin moved that Edward H. \'1a1ker, Jr. be reappointed to '.
the Board of Adjustment and Appeals on Sir,ns. Commissioner DeBlaker seconded
the motion which car~ied unanimously.
Commissioner Martin moved that Louis Hosch and William Turner be re-
appointed to the Community Relations Board. Commissioner DeBlaker seconded
the motion which carried unanimously.
Commissioner Martin moved that Mary Ann McMurtrey be appointed to the
Historical Committee. Commissione~ DeBlaker seconded the motion which carried
unanimously.
ITEM #18
ITEM #19
Othet' Engineering Natters. None.
Verbal Reports and Other Pending Matters. None.
ITEM H20 - Other Commission Action.
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a. Discussion on Revision of Board of Adjustment and Appeals on Zoning.
(Requested by Commissioner DeBlaker.)
Commissioner De Blaker suggested two changes to the zoning ordinance
setting up the Board of Adjustment and Appeals on Zoning. Number one, that
they be appointed by the City Commission. Number two, no special exceptions
or special uses shall be granted except by the affirmative vote of four
members of the board. .
Commissioner DeBlaker moved ,that the City Atto~ney draw up an ordinance
for consideration, incorporating the proposed changes to the Board of Adjust-
ment and Appeals on Zoning, and that the City Manager institute the necessary
public hearings. Commissioner Martin seconded the motion whioh carried
unanimously.
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CtTY COMMISSION MEETING
May 5, 1975
b. Resolution Rcga~ding Allocation of Percentap,e of Tourism Taxes to
the City. (Requested by Commissioner Rankin.)
Commissioner Rankin ~eportQd there are two bills before the Legisla~~re
on Tourism Taxes, which require all the tax money received shall be used for
the purpose of advertiainr, and promotinp, tourism and related activities in
the County, with the funds to be expended by the Board of County Commissioners.
He requested a resolution that 50\ of the 'reGo~t tax collected be returned to
the municipality from which it was collected to compensate for extra costs of
cleaning the beaChes, etc.
Commissioner Rankin moved that Resolution #75-66 be passed and adopted .
and that the appropriate officials be authorized to execute it, and a certi-
fied copy be sent to the Pinellas County LegiSlative Delegation. Commissioner
Martin seconded the motion which carried unanimously.
c. Social Ar.ency Funding Reconsideration and/or Reaffirmation.
(Requested by Commissioner Rankin.)
Commissioner Rankin requested reconsideration of the allocation of funds
for the three social action ap,encies who were deleted.
Comments and discussion on the Sunshine Law followed. Acting City
Attorney Kennedy stated that emerp,ency matters can be brought up without being
on the agenda but each case would have to be judged on its own merit.
Commissione~ Martin requested background information and the number of
members on the Bidentennial Committee. She feels membe~s of the staff should
carry out City policy and should not, in representinp, the City, espouse an
opposite position. The City ManaRer explained staff members attending the
Technical Coordinating Committee were there as technical experts and not on
pOlicy, and it is important that the citizens of the community have the benefit
of their expertise.
Commissioner DeBlaker recommended the Staff check into two legislative
bills rClatinp, to changes in wetlands and aquatic preserves. She also requested
a report from Staff on Which pUblic and park properties should be dedicated.
Acting Mayor Carwise adjourned the meeting at 5:35 p.m., to convene as
the Pension Board and then to reconvene at the conclusion of that meetine as
the City Commission.
The City Commission then met as' Trustees of the Pension fund with the
Actine Mayor calling the meeting to order. The City Manager stated the
trustees of the pension plan are responsible for the operation of the City's
pension program. There was a court order several years ago to enable city
employees who had six months probationary period with the city to be able to
count that toward their pension time. The City was to seek legislative
approval of this change and bills have been proposed in prior years, but, un-
fortunately, were not passed. At this time, Senator Saylor has introduced a
bill that will allow the City by ordinance to rule its own pension plan.
Stanley Szuba, Chairman of the Pension Advisory Committee, stated the pen-
sioners are concerned and are requesting that the Trustees of the Pension Plan
ask Senator Saylor to withdraw his bill and thank him for his concern. They
prefer to have the pension plan under the state juriSdiction.
Commissioner Martin moved that Resolution #15-1 of the Board of Trustees
of the Pension Plan requesting Senator Saylor to withdraw his bill and express-
ing thanks.for his concern for the Pension Plan of the City of Clearwater, be
passed and adopted and the appropriate officials be authorized to execute it
and, by direct contact, the other members of the deleBation be circularized.
Commissioner Rankin seconded the motion which carried unanimOUSly.
The meeting was adjourned at s: 1.0 p.m., and the Commission reconvened.
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CITY COMMISSION MEETING
May 5, 1975
ITEM #21 - First Reading - Ordinance "1564- Amending Seotion' 4-10 of
Code to C~eate New Zones 19P, 37 and 38 Relating to Intoxicating Liquors and
Repealing Ce~tain Zones Now' Inactive.
The City Attorney presented Ordinance #1564 for first readinp,. Com-
missioner De Blaker moved that Ordinance #1564 be read and con8ide~ed by ,title '
only on the first readinR by the unanimous consent of the Commission.
Motion WaS seconded by Commissioner Rankin and carried unanimously. The
Ordinance was read by title only. Commisoioncr Rankin moved that O~dinanae
#1564 be passed on ita first reading. Motion was seconded by Commissioner
DeBlaker. Upon the vote beinr, taken, Commissioners DeBlaker and Rankin and
ActinR Mayor Carwise voted "Yes." Commissioner Mat'tin voted "No." First
Readinp, of the ordinance passed.
ITEM #22 - First Reading - Ordinance #1565 - Annexing and Zoning Lots IB,
19, 46 and 1.9, Citrus Heights Manor, 1st Addition and Lots 11 and' 12, Block
B, Citrus HeiRhts Manor with RS-60,(single family) zoning and Fire District
No.2 (T. Kay); Lots 21 1:.0 23, Citrous Hcip,hts 11anor, 1st Addition with RS-6Q
(sinRle family) zoninr, and Fire District No.2 (J. Walker); Lot 9, Block 6,
Vit'r,inia Gt'oves Estates, 1st Addition with RS-75 (sinr,le family) zoning and
Fi!'e District No. 2 (B. Egp,en); and Lot 20 less West 31~. 21. ft. thereof and
all of Lot 21, Block A, Sunny Park Groves Subdivision with RS-SO (single
family) zoninp, and Fire DistI'ict No.2 (S. Cutlip).
The Acting City Attorney presented Ordinance #1565 for first reading.
Commissioner DeBlaker moved that Ordinance #1565 be read and consideroed by
title only on the first readinr, by the 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
#1565 be passed on its first reading. Motion was seconded by Commissioner
DeBlaker and cat'ried unanimously.
ITEM #23 - First Reading - Ordinance #1566 - Amending Zoning Atlas.
M&Bs in Sections 9, 10, 15 and 16-29-16, Uplands at Cooper's Bayou.
The City Attorney presented Ordinance #1566 for first reading. Com-
missioner Rankin moved that Ordinance #1566 be read and considered by title
only on the first reading by the unanimous consent of the Commission. Motion
was seconded by Commissioner DeB1aker and carried unanimously. The Ordinance.
was read by title only. Commissioner DeBlaker moved ~hat Ordinance #1566 be
passed on its first reading. Motion was Beconded by Commissioner Rankin and
carried unanimOUSly.
ITEM #21~ - Resolution f/75-67 - Payment to Briley, Wild & Associates.
Construction Trust 1399.
Commissioner De Blaker moved that Resolution #75-67 be passed and adopted
and that the appropriate officials be authorized to execute it. Motion was
seconded by Commissioner Rankin and carried unanimously.
ITEH #25 - Resolution #75-68 - Authorizinp, Legal Department to Defend
Circuit Civil Suit #75-1763-8, Donald and Joyce Rebholz vs City Manager and
Building Director.
Comrnissionero Martin moved that Resolution #75-6B be passed and adopted
and that the appropriate officials be authorized to execute it. Motion was
seconded by Commissioner Rankin and carried unanimously.
ITEM #26 - Acceptance of Easements.
The Acting City Attorney pI'esented the fOllowinF, instruments:
Easement for utilities in Alock A, Lots 20 & 21, Sunny Park Groves, executed
by S. Kenneth Cutlip. Easement for sanitary sewer in Lot.4B, Citrus
Heights ~~nor, 1st Addition, executed by R. R. Stanley.
Commissioner Rankin moved that the above instruments 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.
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AGENDA
CITY COMMISSION REGULAR MEET!NG
May 5, 1975
12:30 P.M.'
ITEM
1. Invocation
2.. Introductions
,
3. Minutes of Preceding Heetings - April 7, 11 & 21, 1915
4. Citizens to be Heard - re Items not Appearing on Agenda
Reports from City Manager
5. Discussion of Criteria for Selection of City Attorney
6. Current Wastewater Treatment Plant Capacity Report
7. Financial Plan for Required Wastewater Improvements
8. Traffic Grant Authorization
9. Chesapeake Villas Report
10. Payment to County for Right of Way Costs at the U819 and SR60 Overpass
11. Request to Purchase Portion of City 320-Acre Property
12. Re~uest to waive Sewer Tap Fees - UPARC
13. Jo~nt Water Service Agreement with Pinellas County
14. Request for Zoning Amendment - Lots 7 thru 12, Bl 9, Pine Crest Subd.,
from RM12 to CG (Turner, et a1)
15. Bids:
a. 1975 Street Sealing Contract - Campbell Paving Co., $84,100.00
b. Installation of Tapping Soddle, Valve & Appurtenances on SR580 -
Low Bid, Boyce Co.; $19,8';'5.00
c. Tennie Courts, Roadway & Parking Lot - McMullen Park - Low Alternate
Bid, John Daniels Paving Co., $73,468.40 '
d. Tennis & Basketball Courts - DelOro Park - Low Bid, Big UK" ConstI'.
Co., $23,268.00
e. Tennis & Basketball Courts - Valencia PaI'k - Big "KII Constr. Co.,
$24,640.00
f. Woodvalley Basketball Court - Bie ilK" CanstI'. Co., $9,940.00
g. Automobiles & Truoks - Low Bids - Five Cars, Clearwater American Auto
Sales, $14,629.45; Foul' Trucks, Kenyon Dodge, $16,911.01
16. Discussion of possible Revision to Community Relations Board Ordinance
(Requested by Comm. DeBlaker)
17. Appointments of Advisory Board Members-Beautification Committee
Board of Adjustment & Appeals on Signs
Community Relations
Historical Committee
lB. Other Engineering Matters
19. .Verbal Reports and Other Pending Matters
20, Othe~ Commission Action
a. Discussion on Revision of Board of Adjustment & Appeals on Zoning
(Requested by Comm. DeBlaker)
b. Resolution ~ega~ding Allocation of Percentage of Tourism Taxes to City
(Req. by Comm. Rankin)
c. Social Agency Funding Reconsideration andlor Reaffirmation (Requested
by Comm. Rankin)
Reports from City Attorney
21. 1st Rdg. -Ord. #1564 - Amending Sec. 4-18 of Code to create New Zones
19P, 37 & 38 relating to Intoxicating Liquors & Repealing Certain Zones
now Inactive
22. 1st Rdg. -Ord. #1565 - Annexing & Zoning Lots lB, 19~ 21, 22, 23, 46 &
49, Citrus Hgts. Manor, 1st Addn.; & Lots 11 & 12, Bl B, Citrus Hgts.
Manor; Lot 9, Bl 6, Virginia Groves Est., 1st Addn.; Portion of Lot 20 &
all of Lot 21~ Bl A, Sunny Park Groves Subd.
23. 1st' Rdg. -Ord. #1566 - Amending Zoning Atlas - Smith, Zinsser, McMullen,
et al
24. Resolution - Payment to Briley, Wild, Utility Revenue CeI't., Series of 1972"
25. Resolution - Authorizing Defense of V. Donald Rebholz VB Picot B. Floyd,
et al Suit
26. Acceptance of Deeds & Easements
27. AdjournmBnt
28. Meeting Pension Plan Trustees
a. '.Pension Advisory Committee
b. Clearwater Employees Association Pension Committee
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