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02/04/1974 ------.:. CITY COMMISSION MEETING February 4,,1974 The City Commission of the City of Clearwater met in regular BeBDi~n at the City Hall, Monday, February 4, 1974, at 1:45 p.m., with the following members prescnt: H. Everett Hougen Donald S. Williams Richard D. Wachtler Joseph Carwise Rick Hall, Mayor-Commissioner . Commissioner Commissioner Commissioner Commissioner Also present were: Picot B. Floyd Herbert M. Brown Max Battle Frank Daniels The Mayor called the meeting to order. City Manager City Attotmey City Engineer Police Chief The invocation was given by Chief Daniels. Commissioner Hall moved that the minutes of the regular meeting of January 21st be approved as recorded and as submitted in written summation by the Clerk to each ," Commissioner. Motion was seconded by Commissioner Wachtler and carried unanimoully. ITEM N4 - A Public Hearing on Final Plan, RPD (Residential Planned Development). (Continued from Commission meeting of January 21, 1974). (A) North Half (N 1/2) of Southeast Quarter (SE 1/4) of Northwest' Quarter (NW'l/4), Section 9-29-16, south of denterline of Alligator Creek, less West 50 ft. for road R.O.W. and less the following described, tract: Begin at the Southeast corne~ of North Half of Southeast Quarter of Northwest Quarter of said Section, run West 150 ft., North 60 ft., Northwest 272.56 ft., North 500 ft., East 400 ft., South 665.97 ft. to P.O.B. - D. Bilgore & Co. (B) North 973.50 ft. of East 450 ft. of Southwest Quarter (SW 1/4) of Northwest Quarter, Section 9-29-16, less East 50 ft. for road R.O.W. and less the following described tract: Begin at the Northeast corner of the Southwest Quarter (SW 1/4) of the Nor~hwest Quarter (NW 1/4) of said section, run West 56 ft. to p.o.a, continue West 394 ft., South 235 ft., Nor'lIheast 86 ft.', East 64.02 ft., Northeast 184.45 ft., Northeast 139.15 ft. P.O.B. - D. Bilgore & Co. The City Manager presented the final plan for what is known asUlhe Bi1gore property on both sides of McMullen-Booth Road south of Alligator Creek. The RPD (residential planned deve19pment) zone 'was approved for 160 units. He reported that the necessary City Departments have reviewed the plan and that he and the Planning and Zoning Board recommended approval ofi the final plan as presented. Mr. Raymond G. Rose, President of 'the Kapok Forest Homeowner's Association, Inc., presented a letter from the deve19pers concerning a drainage ditch running alongside the west boundary of the 'development, in which they agreed to widen the ditch and otherwise landscape the area., However, this improvement to the ditch wi1lnnot be done until the development of the western portion of the site. Commissioner Williams moved to approve the final site plan of the Bi1gore property as recommended by the City Manager and the Planning and Zoning Board. Commissioner Carwise secorided the motion which carried unanimously. ITEM #5 - A Public Hearing on Zoning Amendment. Lot 27, Longview SUbdivision, to be changed from RM-12 (duplex-apartment) to PS (professional services). - J. Toner. (Continued from Commission meeting of December 17, 1973.) The City Manager reported that the item had been withdrawn by Mr. Toner. Commissioner Hall moved to accept the withdrawal without prejUdice. Commissioner Wachtler seconded the motion which carried unanimously. ' .,,"\ I " . ~ '. '. .l . ITEM #6-- A Public Hearing onZZoning Appeal for Special Exception. Request for special exception to erect muffler shop and ser~ice center. Begin 275 ft. weat and 340 ft. north of the'south~ast corner of northeast quarter <NE 1/4), Section 19-29-16,' thence run West 100 ft., north 200 ft., east 100 ft., south 200ft. to P.O.B. with CG (business) zoning. - Tuffy Se~vice Centers, Inc. '" ,\, ' ,',,' .. 1. ,., (,J~' '. I ~ I ,. :: "/'. ;', \ l . I' . I;' ,\ .' ..,', "", ~'::~'<:;;if; ,~~'~i{~ , .,' \ .. .,," , .,\.\,..."J~:,,~8. ,\0. ,~J ~,. ?~,,;.t . ~,~/I:h:i.~.:-""...5:\'t,~' . ,~, . , c , . '. ~' . ~ '... (C' , "... \1 '~ " . , " , F', .' ,~\ I' .,:j . , " ,~-:-L."", ,'f' , ;..~'.~:' . . ~'t: . ,,, ~.J.~ . " ,', " ',lF~''''+lI::-''';'' :;...: ~ . .. h\':' ".-{ ~~~/';~tr~....,~~-~~':..I~...'~~~..-....i,~~tr...~:'" , ' I -.- <!:'~/f':J . : .: '0'; .' -2- CITY COMMISSION MEETING February 4, 1974 ,The City Manager presented the appeal of TUffy Service Centers, Inc., from the decision of the Board of Adjustment and Appeal on Zoning as it was inconsistent with the general zoning plan and the public interest. It was indicated that the business consisted of automotive repair, specializinp, in muffler work. He recommended that the request be 'denied. Mr. William 6. Kimpton, attorney for the service center, turned over certain exhibits and photos of the area to the Commissioners. He stated that ~heyonly noisy piece of equipment would be one air compressor and that the area occupied by the business would be landscaped if requested by the City. ' Mr. Timothy A. Johnson, Jr., attorney representing Morningside Condominiums Nos. 1 and 2 located at 2560 and 2566 Harn BOUlevard, was present and submitted a petition dated January 26th, with 21 names protesting the muffler shop project due to the noise and dirt pollution. He stated that the Condominium No. 1 bedrooms we~e on the east adjacent to the property in question. There were a considerablecnumbe~roefpeople in the audience that raised their hands to indicatetthey were present to object to the request but that Mr. Johnson was speaking for them. Mr. Kimpton refuted some of the arguments of Mr. Johnson, pointinB out the automobile dealership to the north, the gasoline station in the area and the convenience store on the south side of Harn Boulevard. Commissioner Williams moved that the City Commission, sitting fo~ the purpose of hearing an appeal fromtthe decision of the Board' of Adjustment and Appeal under the Zoning Ordinance, deny the application of Tuffy Service Centerss Inc., for a special exception in the CG (general business) zone on the property aforesaid described. Commissioner Carwise seconded the motion. Upon the vote being taken, Cornmissione~s Williams, Carwise, Wacthler and Mayor Hougen voted "Aye"; Commissioner Hall voted "No". Mo;tion carried. ITEM #7 - 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 Commissioner Hall announced that he was refraininp, from discussion of the item and vote thereon, as there was a possible conflicttof interest. The City Manage~ gave a brief background of the subject and recommended that the Commission determine the structure to be unsafe and uphold the findings of the building official and then order the removal or demolition of said structure by reSOlution. Mr. Gardrler was present and announced that he had obtained William E. Turner, a contractor, to repair the building, subject to his estimate of the cost. The Mayor read a letter from Mr. Turner in which he stated that he had received a set of the plans and was preparing cost estimates which should be complete within 20 days from February 4th and if the figures are agreeable to Mr. Gardner, that he would be able to start work within two weeks from the day the final figures are available and the building permit can be issued. Mr. Gardner requested that the hearing be continued for 30 days to receive the estimates from Turner and, subject to costs, sign a contract with him. MI'. Gricious, Minimum Housing Inspector, stated that the permit, ,had been withdrawn and suggested authorization to reissue. After further discussion, Commissioner Williams moved to continue the public hearing to March 4th at 1:30 p.m., and that consideration be given to issuing a permit whenever MI'. Gardner is ready to proceed. Commissioner Wachtler seconded the motion which carried unanimously except for Commissioner Hall who refrained from voting. ITEM #8 - Donn~ion to Parks & Recreation Program. - (John K. Haddad) The City Manager reported receipt of a check in the amount of $1,000 to be used for the City Parks and Recreation program from the Estate of John K. Haddad. Commissioner Williams moved to accept the donation and that Resolution #74-15 expresw sing appreciation for the gift be passed and adopted and that the proper officials be authorized to execute it. Commissioner Wachtler seconded the;~otion which carried unanimOUSly. . ' The City Manager stated that it was being considered to use the money at Condon Gardens. . ," ~ r ITEM #9 - Set Public Hear.ing Dates faD Enforcement of Minimum Hdusing Code: a. Lot 2, Padgetts Estate SUbdivision 1219 Drew Street. - D. Jordan b. Lot 20 of original Lot 5 of R. H. Padgett's Subdivision. 1173 Gould Street. - I. Payton. The Manager presented two minimum housing violations to'schedule a public hearing thereon and recommended the da~e of February 18th, 1974, fo~ the public hearing. , -Commissioner Carwiae moved that the public hearing on Minimum Housing Code viola1:ions, be scheduled for Februal\Y 18th, 1974 ,,~at 1: 30 p.m. Commissioner Wachllit:er; seconded the motion which was approved unanimously. c. " . , , " ',' I I. ~., ~.....~~ '.t 'T:.:.'<. ~!"-"T1:"'''_~~'' ~ .," ~' ~.>".- ~""'."".':>T"""'.~"",,"o'l:"~_F"I''''''''''''C+~'''.'';_'''t~,_~::-,......u~......~,..,....:-.. r ,.:)/.3 ),' . Ie " . . ~ . 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The City Manager recommended a resolution to authorize the Board of County Commissioners'to assess abutting property owners within the Clearwater city limits for their pro rata share of the oosts of the ~mprovement to Woodruff Avenue from , Druid Road to the south end of the pavement and that the City of Clearwater agrees to pay one-third of the construction costs for the portion within the Clearwater city' limits. ' Commissioner Carwise moved that Resolution #711-16 be passed and adopted and the proper officials be authorized to execute it. Commissioner Williams seconded the motion which oarried unanimously. ITEM fill.. Change Order #1.. Fire Station US, 520 Sky Har>bor Drive, $2,,750.93. The City Manager presented ~hanp,e Order.#l with Everling Construction Company, Largo, increasing the cost of Bald contract ln,the amount of $2,750.93 for the work on #5 Fire Station. Commissioner Carwise moved to approve Change Order #1 with Everling Construction Company and, the proper officials be authorized to execute it. Commissioner Wachtler seconded the motion which carried unanimously. ITEM #12 - Extension of Lease'- East half of Room ~, Marina Building. The City Man~ger recommended that the request of Michael Crowley to renew his lease covering the east half of Room 4 in the Marina Building be denied and that the Commission authorized advertising, for bids for the lease of the room. Mr~ BurChfield, Harbormas~er, answered questions from Commissioner earwise and reported that half of Room ~ was used by the Rainbow fishing boat, and the other half, about 8xlO, as a newstand operated by Mr. CrOWley, and critized the condition of the premises occupied by Mr. Crowley. Commissioner Wachtler moved to deny the request for nenewa1 of the lease and that a notioe be sent to Mr. Crowley to vacate immediately and that it be authorized to advertise f6r~bids for lease of the room. Commissioner Williams seconded the motion. Upon the vote being taken, Commi~sioners Williams, WaChtler, Hall and Mayor Hougen voted "Aye"; CommissioneIl' CaIl'wise voted IINoll. M~. Crowley was present and admitted the untidy condition but claims to have cleaned up the property. ITEM 01.3 - Bids. a. Sanitary Sewers, C1.earwate~ Manor Subdivision - Low bid withdrawn, second low bidder; Paul GiUliani Company, Inc., St. Petersburg: $1.4,506.50. b. 12" Wate~ Main, Drew and Pieroe - Low bid, B.S.W. Enterprises, tncT, Lakeland, Florida: $32,038.88. c. Fire Hyd~ants for Inventory - Low bid, S.-O.U.S., Inc., Ft. Lauderdale: $11,979.00. d. 6,400' 6" Cast Iron Water Pipe for Inventory - Low bid, McWane Cast IrQn Pipe Company, Bir.mingham, ~1.abama: $15,680.00. e. Pipe Fittings for Inventory - Lowest Bidders for Each Item. Items 1., 6, 7 and 8 to Banks Supply Co.; St. Petersburg; $6,239.24. Items 2 and 3 to Rusco Inc., Riverview, Fla.: $116.40. Items 4 and55 to Southeastern Municipal Supply, Tampa: $215.00. Grand Total: $6,570.64. The City Manager summarized the bidding on above items and reoommended awards as indicated. Commissioner Ha1.l moved upon the recommendation of the City Manager that contracts for the above items be awarded toothe bidders in the amounts indicated above, which are the lowest (except as indicated) and best responsible bids, and that the appropriate officials of the City be authorized to execute said cont~acts which shall be in accordance with the plans, specifications and bids. Motion was seconded by Commissioner Wachtler and ca~ried unanimously. ITEM #14 - Other Engineering Matters. The City Manager reported that the Kunde and Associates, Inc., documents were incomplete, with certain portions missing, but hopes to receive the missing parts before the hearings scheduled on the subject. " " :, . ~ : ~ , I . ~ I " , ,\' , . .' ' \ '~,. , " , , ) , " ~ . , , . . . ." ',' ,,: ',~'" ,<(~;:~. :' '),,;'.~{:. ~i., '~:~;>~\~.~':t \ ' ,', , ' !;l! """ .......t ."".~. \>-.l.t j. : "'.'," ....~...:.c: ' , . -'," "- " ,~.'" ,l~~!,..'J,:(',~Iffl,.......r.,.~ ,~~~1\" ~l ',~,' ,-~t('l'!~" >i~f.',.~I~!~'l#r~,~~~"1~nf"'" ,')r';~': '~i,~~t" 't,:, ,>;:;, ,._",.,tb~E~'i~~;~~iLS;~~~~.i~~ii;;!~:;~;d~~~;~SZ:;:~~:Q~~~l:LS~;~"~~~,j~.,'~v', :.~):: -4- CITY COMMISSION MEETING February 4, 1974 ' ITEM D15 - Verbal Reports' and Other Pending Matters. , The City Manager reported that he and the Planning and Zoning Department had, been having discussions with the University of South Florida relating to a campus for the University in the Clearwater area. He stated that they are considering , 100 acres; that the campus would have about 7,500 students, and that the location being considered was near State Roads 580 and 593 in Sections 21/28-28-16. He asked if the Commission wiShed him to continue the discussions. Commissioner Hall suggested that a traffic survey be made of the area to determine if the roads, etc., can handle the increased traffic. By consentt the Commission expressed the wish that the City Manager continue pursuing the discussions. The City Manager suggested adopting the "Oregon" plan for gasoline rationing, , and Commissioner Hall suggested that the City assist citizens in emergencies with their gasoline problems. No action was taken on either sUBgestion. ITEM #17 - Pending Reports from the Mayor. The Mayor recommended Henry McWhorter, Jr., to replace Mrs. Peggy Kaylor on the Parks and Recreation Board as Mrs. Kaylor had resigned. Commissioner Wachlter moved that Mr. McWhorter be appointed to fill the unexpi~ed term of Hvs. KayiLor to Aprilt ,1975. Commissioner Hall seoonded themmotion Which carried unanimously. ITEM #18 - Citi~ens to be Heard. Mr. G. W. "Duke" Schultz inquired again about the status of the Ahlgrim property and whether any action was going to be taken on it. The City Manager said that the environmental survey by Mr. Heyward Mathews, Environmentalist, had recommended that the property remain as it is, as it is a bird and small animal sanctuary. Mr. Schultz also asked about the Keene Road condemnation proceedings and expressed a desire to attend the court hearing when scheduled. ITEM #19 - Ordinance N1499 - Amending Zoning Ordinance & Atlas. Second Reading. The City Attorney presented Ordinance #1499 for second reading. Commissioner Wachtler moved that Ovdinance #1499 be read and considered on second and final reading by title only at this meeting of the Commission by Unanimous consent of the Commission. Motion was seconded by Commissioner Hall .and carried unanimously. The Ordinance was read by title only. Commissioner Wachtler moved that Ordinance '1499 be passed on its second and final reading and adopted and that the appropriate officials of the City pe authorized to execute it. Motion was seconded by Commissioner Hall and carried unanimOUSly. ITEM #20 - Resolution - Affirming Building Official's Recommendation regarding Unsafe Building. - 701 North Garden Avenue. South 33 ft. of Lot 13, Block 2, J. H.. Rouse!s Subdivision - J. Gardner. See Item il7. ITEM #21 - Resolution 074-17 - Reimbursement to Utility Renewal and Replacement Fund from Utility Revenue Certifica~es, Series of 1972. Commissioner Wachtler moved that Resolution "74-17 be passed and adopted and that the appropriate officials be authorized to execute it. Motion was seconded by Commissioner Hall and carried Unanimously. Acceptance of Deeds, Easements & Restrictions. The City Attonney presented the following instrument: Easement for sanitary, sewer from Gerald T. Walczak and Daniel Englehardt, in Lots K to N inclusive, ROlling Heights Subdivision. Commissdoner Wachtler moved that the above instrument be accepted and that the City Clerk be directed to record same in the Public Records of Pinellas County, Florida. Motion was seconded byCOommissioner Hall and carried unanimOUSly. .. ' I'.. 'I l" f ' '~I.'~H . -.;a-; ~. . , 'c' /, , '. '. .I~ " , · . . '.'; :',: <.'.;. :.:;, :'.;,/,>i\~. .. .- ",' ~ r' or' " 1'''.I'..l ~'" , .' .! ."\ i ' " '.'\~ .,.'.' : ~ ~;~~l'<:<~"l';~ .~~~;~~.i!t6;'$ ,. .'~ ~ /.~. {'o, ;~';'""\~-,,', ~.'~~:'(':'';f.!~\j .t I .' f, . J' 'V"':"~"""~:'~i!t.~,~)I..~~'.;\ " " ' . I, .'. "", 'J" . ~,;' /., " .. :: l"~ \ "",:::': ":'/:]';/::';, .' ~ " " < . Ie. < ~'f:i' . oj ~ ~' . ~ '. 'f";!';',t' " ~"'''.. -1,-.1 ;~t//.:,;~:, ''',' .. .~.; I ' " , , , \ . ' , .' ! -5- 'CITY COMMISSION MEETING , Febru~ry 4, 197~ , . !' '\ " ,ITEM,N22 Other Commission Action. Commissioner Williams inquired'about the use of quan~ity, discounts, to whioh, the Manager replied that the City ,tooK advantage of any and all discounts possible.' In response to a question from Commissioner Carwise, it was reported that the, ,plans ~f ,the East Branch of the library were not complete at this time. 1"'<" . There ,being no further business, the meeting "adjourned at' 3: 55 p.m. The City Commission then met as Trustees of the Pension Fund with the Mayor call~ngthe meeting to order. The City Manager presented one recommendation for membership as endorsed by the Advisory Committee of the Employees' Pension Fund: ' Ra~ph Osborne, Dispatcher I, Utilities Department. He~lso, presented recommerldation that Francis B. Gaspelin, Electrical Inspector II, Building Department, be granted Employee Disability Pension, Section 6, in the amount of $413.56 per month, effective January 31, 1974. Commissioner Carwise moved that the recommendations of the Advisory Committee be approved. Motion was seconded by Commissioner Wachtler and carried unanimOUSly. There being no further business, the meeting adjourned at 3:57 p.m. '.' Attest: -- ~ .. . . . I , . . , " " , . " ,.' " .. c. ~ '~Y);>'<'" :,: ,,' " "'~j ,;~,~~:~/~(,'~,,~,:~(\<: ~ ..' ",;.,',' " ' ',' , ' . , " .' "'.- Pir~'~~~1<~'\",~"'\.:.\~'i,!l\t'" I~ '" . ,~I ""'.~ ,< ,:;/",~::;r':.~J;'''';l''~~~~~.~/,'~l:.':~''''''~:.~,.~J.''' . f~ '. ", ',' ',f, ~ ',' '~ '\ :a~~,~....t~t.~~L.~~I;:J't.:;,~....-'.:!t~, :,. - ,;"': ',' '; . 'j, .. '.: '4' j. .~ 1. I,. '~\~f?-~{~~I~i~i.;~~..i:!f;:i{,):.>rt::' ...,:'. .~.,~:, ..:,. ... .', '<,<:,:',";:',~;>,;:-i .~t:-:t">}r.('t.'J.i,\~"~.I"],,,,,,,,,, .,,-,' "'. ,. .. 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".:";.',.,:/"i~1~j\.~ ,,' '..' , , AGENDA CITY COMMISSION MEETING Feb~ua~y 4, 1974 1:30 p.m. .. .' ' ; \ , " l> '. Invooation Introductions Minutes of Preceding Meeting - Janua~y 21, 1974 ,; " Public Hearing 4.Contd. - Final Plan, RPD Each Side of SRS9g, S of Alligator Creek (Bilgore) 5. Contd. - Zoning Amendment - Lot 27, Longview Subd. from RM12 to PS,(Toner) (WITHDRAWN~ 6. Zoning Appeal re Va1'\iance N Side of Harn Blvd., 200' W of US19S, ;CG (Tuffy Service Centers) 7. Violation of Southern Standard Building COde" Unsafe Building 70l,N. Garden Avenue 8. 9. Reports from(City Manager Donation to Parks & Recreation Prog~am (Haddad) Set Public Hearing Dates for Enforcement of Minimum Housing Code: a. ,1219 Drew Street (Jordan) b. 1173 Gould Street (Payton) Resolution w Authorizing County to assess Property Owners, Wood1'\uff Avenue Change Orde1'\ Hl - Fire Station #5, $2750.93 Extension of Lease - E 1/2 of Room 4, Marina (Crowley) Bids:" ,. a~ Sanitary Sewers: Certain Lots in Clearwater HanoI' SUbd., Paul GiUliani Co., $44,506.50 ' b. 1211 Wate:r Main, Drew & Pierce - Low Bid, B.S.W. Enterp1'\ises, Inc. ' $32,038.88 c. Fire Hyd:rants for Inventory - Low Bid, S-O.U.S., Inc. $11,979. ' ' d. 6400' 6" Cast Iron Pipe for Inventory - Low Bid, McWane Cast Iron Pipe Co., $15,680 e. Pipe Fittings for Inventory - Lowest Bidders for Each Item, Total $6,570.64 Other Engineering Matters Verbal Reports and Other Pending Matters Pending Reports from City Attorney 'Pending Reports from Mayor Citizens to be Heard. 10. 11. 12. . 13. 14. 15. 16. 17. Reports from City Attorney 19. 20. 21.. 2nd Rdg. - Ord. #1499 - Amending Zoning Ordinance and Atlas Resolution - Affirming Building Official~s Recommendation re Unsafe Building, - Ga:rdner Resolution Reimbursement to Utility Renewal & Replacement Fund from Utile Revenue Cert., Series of 1972 Othe1'\ Commission Action Adjournf!lent Meeting Pension Plan Trustees. .,' , " ,,> .' " ,- ~~'. ,;C..' r." i~(i;ii;,;{:,::':~/:> 'c:' " ,: . ..' ......... .' .' . ' . .~:J~.~ f~; ",l' '.~"'I~r~.ll .~...~...~. . .' !.{'.. . ,.' I ~j;;'~:~~~:~::~~~~.t~;l.:~:.~::~;~t,\:~~~:-.~ ;"'!:~:~./,; /: 'i '>, ,',"< ',' . l ,') , )' ~.5i~Jp""~(l.~~!.;;.\t!l,f""~;"t:~1--'t",'!-:e ~ 'r'(:," ," .~'>..' " "~' . ~ ," ~.X;~~<.~? "'j ~~f:.' ~'l-~'~;\/i,\:'.t~('~""'~) ~~';i::',~,~ ,.'..:~~~;-: 1 :~~/.'.i ~ ;.. d - " \ . :' <. i" . f. . .' + , . ".. .~;: ~1,~t)~~~~~~(}..~~~r~:'<,\.t q~,.~:.;~~~..~:\~:",. :..: :,i ':": . 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