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03/01/1971 g2- . i'.:. j r: ~'h I~t, :v " , ~'~,~. , - . i~'! .1 , . , . ',' , , ,It: I ! I. I ~~ ~ ~I ,I ~~,t!r "f.,; \~) ~I 1,/ rl~ ~ }t~," . _.... ~~~......_-~-- CITY COMMISSION MEETING Maroh 1, 1971 The City Commission of the City of Clearwater met in regular B~BB10n'at ' the City Hall, Monday, Maroh 1, 1971, at 1:45 P.M. with the following members present: H. Everett Hougen Donald S. Williams ,Donald Carlson Riok Uall Riohard D. Waohtler Joseph Cal'w1se Also present were: Merrett R. Stierhelm Herbert M. Brown Max Battle Frank Daniels Mayor-Commissioner Conun1ss10ner Commiss10ner Commissioner Commissioner Commissioner-elect City Manager City Attorney City Engineer Police Chief The Mayor oalled the meeting to order. The invocation was given by Reverend Daniel D. Brox, First United Methodist Churoh. The Mayor introduoed his wife and the wives of the other City Commissioners and the wife ot the City Manager. He also introduced tormer City Commissioner Cleveland Insoo. The Mayor presented outgoing Commissioner Hall with a plaque tor his years ot ser- vice to the City and also a Bet of City seal oufflinks. The City Clerk administered the oath offioe as Mayor-Commissioner to H. Everett Hougen and the oath of office as Commissioner to Donald S. Williams and Joseph Carwise, and presented them with oertificates of election. Commissioner Carwise assumed his seat on the Commission. Ex-Commissioner Hall expressed appreciation to all City officials and employees for courtesies extended to him while in office. Comments were made by Commissioners Carwise and Williams and Mayor Hougen. CommiSSioner Carlson congratulated the Mayor and Commissioners Williams and Carwise on their election. Commissioner Carlson moved that the minutes of the regular meeting ot February 22, 1971 be approved as recorded and as submitted in written 8ummat~on by the Clerk to each Commissioner. Motion was seconded by Commissioner Wachtler and carried unanimously. ITEM #1 - Public Hearing - Sanitary Sewers - Oak Lane from Belleair North to Price Circle; Price C~rcle from Oak Lane East and North to Nursery Rd. The City Manager explained that this scotion was in an uninoorporated area. Some residents of Price Circle indicated they were opposed to the estimated cost of $9.34 per front foot. The City Engineer explained if full width surface' treatment was deleted the estimated cost could decrease to $8.74 per front foot~ and if no well points were required the estimated cost would be $7.74 per front foot. He stated the majority of Oak Lane residents indicated they are still in favor therefore, if Price Circle residents remain opposed to the project when informed of actual oost, should it be less than the estimated $9.34, the Price Circle portion of project could be dropped at this time and sewers installed on Oak Lane only. Donald Staftord~ 1568 Oak Lane objected to cost of $9.34 but would agree to go to bid and then decide. Disoussion ensued. Ronald Ma80n~ 1527 Price Circle objected to price. John Marshall, 1520 Price Circle wanted sewer at any cost. The City Attorney read Resolution #71-16 authorizing proper officials to prooeed on an assessment basis and setting an effective date. Comndssioner Will~ams moved that Resolution #71-16 be passed and adopted and the appropriate officials be authorized to execute it with the provision that the resolution will not become finally effective until such time as bids are taken on the project and another hearing held for the purpose of accepting the contract. Motion was seconded by Comndssioner Wachtler and carried unanimously. ITEM #2 - Sanitary Sewers - Bonair Street, Wood to Ridge Ave. The City Manager explained the project and asked the City Engineer for further information. The City Engineer said he believed all ten property owners were in favor, with the estimated assessable cost being $7.18 per tront foot. There were no objeotions. Commissioner Carlson moved that since no valid objections have been filed that the project be approved and the City Manager and City Engineer be directed to forthwith proceed with suoh improvements as an assessment project. Motion was seconded by Commissioner Carwise and carried unanimously. ITEM #3 - Request for Annexation and Determination & Establishment of Zoning & Fire District Classification - Lot 11, Block B, Virginia Grove Terrace 5th Addn. (Wh~te) with R-1D (Single family) zOning and Fire District No. 2 classification thereon. The City Manager explained the request and read the recommendation of the Planning & Zoning Board tor approval. The City Clerk had two letters of objection but it was believed the writers misinterpreted the notice and thought their properties were included in the annexation. Comndssioner Wachtler moved that the request for annexation with R-ID zoning and Fire District No. 2 olassifioation be approved and the C~ty Attorney be instructed to include this in an ordinance to be brought back to this Commission for approval as Boon as possible. Motion was seconded by Comm1Bsioner Carlson and carried unanimously. . 1 . I ~ :.: ~ ..' I~},ni;.:i!'::;;::~;.;;" '., ':':.. ,~J#~lt,.t~,..",'.~,>,,> " " ,",; ,..., ' ;'V~?~~~i~~;~'i:~.;"~~,;''t;./, ~'I::' . .. > .' .' '!......tr~~,t"t'(I:,....."';'".~ ;-. . \ \ \., . . '".:L : ~ " '. , , ----.....T___ .l.....,.',......~",~,,~ I''''',~,,~ ..t. _p". ....., , ..... <t ~ I~'~.~. '.... :1:'"' i...' .,....:..........~...~~"l)~~..'~~,_. "'1I"."'I+';;:;'~4""';""';l..JI''''''''~. ,~,\, - 2'3 -2- CITY COMMISSION MEETING r~rch 1, 1971 ITEM #4' - Be11eview Biltmore Fire Proteotion Agreement. The City Manager explained the 5~ oost of living inorease for the fire protection agreement. Oommissioner Williams moved that the agreement be approved and the proper offioials be authorized to exeoute it. Motion was seconded by Commissioner Wachtler and oarried unanimously. ITEM #5 - Equity InVestments. The City. ~~nager reported that the Attorney advised this should oome up under 'Pension Plan Trustees". ITEM #6 - Bids, 1971 Semi-Annual Sanitary Sewer Contraot. The City Engineer reported that only one bid was received. Discussion ensued. Oomndssioner Carlson moved upon the recommendation of the City Manager that the 1971 semi-annual sanitary sewer oontraot be awarded to Paul Giuliani Company, St. Petersburg, Fla., whioh 1s the lowest and best responsible bid and the appropriate officials of the City be authorized to exeoute said oontraot whioh shall be in aooordanoe with the plans and speoifioations and bid at the unit prices listed for line items attaohed to bid. Motion was seoonded by CommiSSioner Williams and oarried unanimously. ITEM #7 ~ Bids, Paving, Curbs & Drainage - Prospeot, Jeffords to Lakeview Rd. The City Manager asked the City Engineer to explain proposal IIAl1 and proposal lIBu. He said that proposal A was for that portion of Prospeot Ave. between Jeffords and Tuskaw11la which has no paving and would be fully aBsessed at an estimated $7.67 per front foot, but proposal B was that portion of Prospect Ave. between Tuskaw111a and Lakev1ew which has brick paving and would oome under the 1/3 2/3 rule with an estimated assessment of $4.14 per front foot. Commissioner Wachtler moved that the contract be awarded to Campbell Paving Co., for the amount of $17,636.85, which is the lowest and beat responsible bid and that the appropriate officials of the City be authorized to execute said contract which shall be in acoordance with the plans and specifications and bid, for proposals uAlI and lIBII. Motion was seconded by Commissioner Carlson and carried unanimOUSly. Resolution #71-17 was presented requesting Pinellas County to waive permit fees pertaining to emergenoy rip rap repair to Clearwater Pass Bridge. Commissioner Carlson moved that Resolution 1i71-17 be passed and adopted and the appropriate officials be authorized to execute it. Motion was seconded by Commissioner Wachtler and carried unanimously. The City Manager reported that the Planning Director had attended the oonferenoe of the Florida Chapter American Institute of Planners and has submitted the comprehensive street tree program prepared by Lane L. Marshall and Assooiates Ino., to be forwarded to the national organization to be considered in oompetition ror an award. The City Manager presented request rrom Mrs. Betty R. Knicelrr, 1805 Gu1f- to-Bay, for 2nd hand store license, "Little Turtle Not New Shoppel, selling slightly used clothing. The Chief of Police found no reason to deny the 1ioense. It was questioned whether or not to consider the item as it was not on the agenda. Mrs. Knicely requested consideration as it would work a haI'dship on her to wait two weeks more. Conuniss.1oner Wachtler moved that the request be approved. Motion was seconded by Commissioner Williams and carried unanimously. ITEM #10 - Ordinanoe #1311 - Annexing and Zoning Lot 11~ in SE 1/4 Pine11as Groves, Section 12-29-15. - Clarence A. Hickey. Commissioner Carlson moved that Ordinance #1311 be read and considered by title only on the first reading by the unanimous consent or the Commission. Motion was seoonded by Commissioner Williams and carried unanimously. The Ordinance was read by title only. Commissioner Carlson moved that Ordinance #1311 be passed on its rirst reading. Motion was seconded by Commissioner Wachtler and carried unanimously. Commissioner Carlson moved that Ordinance #1311 be read and considered on second and final reading by title only at this meeting of the CommiSsion by unanimous oonsent of the Commission. Motion was seconded by Commissioner Williams and oarried unanimOUSly. The Ordinance was read by title only. CommiSSioner Carlaon moved that Ordinance #1311 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 seconded by Commissioner Williams and carried unanimously. ITEM #11 - Ordinance #1312 - Amending Sec. 4-18 relating to Intoxicating Liquors to add New Zones 19K, 19L and 28 - Clearwater Golr Park - NW 1/4 of SW l/~ Sec. 12-29-15j Horseshoe Bar - Lots 12, 13, 14, Block B, Crest Lake parkj and Best Bar, Lots 10 & 11, Block 15, Belleair Sub. Commissioner Carlson moved that Ordinance #1312 be read and considered by title only on the first reading by the unanimous conaent ot the Commission. Motion was seconded by Commissioner Wil11ams and oa~ried unanimously. The Ordinanoe was read by title only. Commdssioner Carlson moved that Ordinanoe #1312 be passed on its first reading; Motion was seoonded by Comm1Bsioner Williams and oarried unanimously. . ,:", ~ . : ",e 'I, , ' -'. '~'M.......,...,.*'t._~~..,~~.....(........L.' .............. --:;. -3- CITY COMMISSION MEETING Mal"ch 1~ 1971 Comm1Bs1oner Carlson moved that Ord1nanoe #1312 be read and oonB1dered on second and final reading by title only at this meeting of the Comm1sBion. Motion was seoonded by CommiBsioner Wil1iame and oarried unanimously. The Ordinanoe waB read by title only. Commiss10ner Carlson moved that Ordinance #1312 be passed on 1ts second and final reading and adopted and that the appropriate officials of the City be authorized to exeoute it. Motion was, seoonded by Commissioner Carwiee and oarried unanimously. ITEM #12 - Aoceptance of Deed and Easements. The City Attorney presented deed for right ot way & eaBementB for drainage and ut11it1ea in Lot ll~ BE 1/4, Pinellas Groves, Seotion 12-29-15 from Clarenoe A. Hiokey et ux. Commissioner Carlson moved that the dee~ and easements as outlined be aooepted and the City Clerk be direoted to record Barne 1n the pUblic reoords of Pinellas County, Fla. Motion was seconded by CommiBBioner Waohtler and oarried unanimouB1y. ITEM #13 - Proposed Resolution - Ordering Construotion of Sanitary Sewers- see Item #1 - Resolution #71-16. The City Attorney presented PropoBed Legislative Aots~ whioh he explained: An Aot to amend Sec. 29 (i) of Charter by deleting the approval by Commission of purchases of $2500 or more to provide that all purohases by City Manager shall conform to regulations passed by Resolution of the City Commission. 1. An Act to amend 2nd paragraph of Seo. 7 of Charter to specifically include provisions of Chapter 166, F.S., pertaining to munioipal charter and charter amendments. An Aot to enaot a new Seotion l26A of the Charter to provide that Commission shall have power to designate areas as being specifically benefitted by landsoaping within the areas lying in the public rightB of way and to asaese for same. An Aot to amend Chapter 23214~ Acts of 1945, relating to pensions for employees of the City of Clearwater to olarify the exclusion of Workmen'S Compensation Act beneficiaries. An Aot to amend Sub-paragraphs (a)~ (b) and (c) of Sec. 6 of Charter to enlarge and redefine the boundaries of the City~ annexing a portion of Old Tampa Bay. An Aot to repeal Seo. 19 and Sec. 80 and enact new Seotions 19 and 80 re oompensation to City CommiSSioners and appointment and duties of Advisory Boards. Disoussion ensued. Commissioner Carlson moved that the City Attorney present these to the Legislative Delegation and encourage passage. Motion was seconded by Commissioner Williams and carried unanimOUSly. 2. 3. 4. 5. 6. The City Attorney spoke of a oontraot with Russell A. Brown, et UK, for purohase of the E 1/2 of N 1/2 of BE 1/4 of SW 1/4 Seotion 9-29-16, and stated that the closing will be held Shortly but that there was a mortgage against the property and the holder of the mortgage cannot be located aa they are on a world cruise. He suggested accepting a proposal of Mr. Russell Brown that the City assume the mortgage and he would prepay 90 days interest. Commissioner Wachtler moved that the City Attorney proceed by aSSuming the mortgage and acoepting the go days prepaid interest from the seller to seoure an unenoumbered title. Motion was seconded by Commissioner Carlson and carried unanimously. ' MrS. Virginia DeWees asked about the statue of Crest Lake Parlt and objeoted to a proposed recreation building being erected thereon. The City Attorney stated that the City could ereot buildings for public use or oould vaoate that part of park for such purpose. A discussion ensued with no action taken. Mr. Leon Whitehurst~ attorney stated that he had just purohased property at 607~609 North Ft. Harrieon Ave. and requested attention be given to a 75 - 100 year old oak tree in the parkway whioh is damaged. The Mayor spoke of a oonference of the American City Corp. at West Palm Beach on March 16th-19th~ re New Community Development, and recommended authorization of expenBes for those wishing to attend. CommiSSioner Williams moved to authoriZe the attendance of any Commissioner and Mayor who wish to attend. Motion was seconded by Comro1sBioner Waohtler and oarried unanimously. Commissioner Carlson moved that the meeting be adjourned. MOtion was seoonded by Comm1BBioner Waohtler and carried unanimously. . " , ,'., ,>, 'i.: I , " " ' ~..~- .. .~. ,t-......"I.i.._J'....._...,...."J:~.""..,."I~;...' . ". ............~::-,. .:" I.';" :.,.... -- ~ ~ ;" - '...........,~ '1' , C/'/~:;"::' o OT'" I '. . I" t' , ; \ : , . , \ .', \ ~ ~ .