01/15/1987
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ern COMMISSION MBBTING
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January 15, 1987
The City Commission
the City Hall, Thursday,
members present:
of the City of Clearwater met in regular session at
January 15, 1987, at 6:05 p.m., with the fOllowing
Kathleen F. Kelly
Lee Regulski
James L. Berfield
Don Winner
Mayor-Commissioner
Vice/Mayor-Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
William C. Baker
Paula Harvey
Cynthia E. Goudeau
City Manager
City Attorney
Public Works Director
Planning Director
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was given by Rev. John Gibson, Belmont Park United Methodist
Church.
In order to provide continuity tor research. the ItellS viiI be lIsted in agenda
order although not necessarily discussed in that order.
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III - Service Pin Awards
7 Service Pins were presented to City employees.
IV - Introductions and Awards
Proclamation
Clergy Appreoiation Week - February 1-1, 1981.
Citation of Appreciation presented to C. Pate Butonens for service
on the Library Board.
v - Minutes of the Regular Meetings of December 11 and 18, 1986 and Special
meeting of December 23, 1985
Commissioner Regulski moved to approve the minutes of the regular meetings
of 12/11 and 12/18, 1986 and the special meeting of 12/23/86, as recorded and
submitted in written summation by the Clerk to each Commissioner. Notion
was duly seconded and carried unanimously.
VI - Presentations
None.
(Book 39)
90.
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VII - Citizens to be heard re Items not on the agenda
None.
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VIII - Public Hearings
Item #9 - Vacation Request 86-24 - that portion of a drainage and utility
easement lying over the S. 25 ft. of Lot 3-A in Clearview Lake Estates, Sec.
2-29-15; located at 1712 Sunset Pt. Rd. (Francik) (PW)
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The owner wishes to construct a swimming pool and dock within that portion
of the easement.
The request has been reviewed by various City departments/divisions and
the three utility companies and there are no objections.
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Commissioner Berfield moved to approve the request and to direct the City
Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
Item #10 - Vacation Request 86-26 - the WIly 5 ft. of existing 10 ft. utility
easement on the E. side of Lot 100 in Ambleside Sub., 2nd Addn., Sec. 11-29-15;
located at 1121 Macrae Ave. (Schaefer). (PW)
The owner wishes to construct a pool and decking within that part of the
existing easement.
o
The request has been reviewed by various City departments/divisions and
the three utility companies and there are no objections.
Commissioner Berfield moved to approve the request and to direct the City
Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
Item #11 - Petition for Annexation and RS-8 Zoning of a .14 acre parcel -
Lot 11, Blk. A, Sunset Point Estates Sub., Sec. 6-29-15; located on the E side
of Old Coachman Rd. apx. 450 ft. N of Sunset Pt. Rd. (Tuller) A 86-33. (PUD)
A single family residence is proposed. Sanitary sewer was recently
extended to serve this area. City water is also available.
Commissioner Berfield moved to approve the request and to direct the City
Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
Item n12 - Petition for Annexation and RS-8 Zoning for a .14 acre parcel -
Lot 12, Blk. A, Sunset Point Estates Sub., Sec. 6-29-16; located on the E side
of Old Coachman Rd. apx. 390 ft. N of Sunset Pt. Rd. (Edwards) A 86-34. (PUD)
A single family residence is proposed. Sanitary sewer was recently
extended to serve this area. City water is also available.
.0
Commissioner Regulski moved to approve the request and to direct the City
Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
(Book 39)
91.
1/15/87
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Item 013 - Petition for Annexation and RS-4 Zoning of a .11 acre parcel -
a portion of Tract C, Myron A. Smith's Bayview, Sec. 16-29-16; located on the
E side of Bay View Ave., S of Gulf-to-Bay Blvd. (SR 60) and apx. 360 ft. S
of CR 31 (Smith/City) A 86-35. (PUD)
This parcel was the subject of an Agreement for Annexation, ATA No. 59,
signed on December 22, 1977. No recreation facility fee is due.
The property is presently developed with a single family residence served
with City sewer and City water is available. The property is now contiguous
to the City limits and eligible for annexation. As provided for in the
agreement, the property owners were given the required 60 day notice.
Commissioner Berfield moved to approve the request and to direct the Ci~y
Attorney to include in an ordinance. Motion was duly seconded and carr~ed
unanimously.
Item U14 - Petition for Annexation, RS-4 Zoning and Land Use Plan Amendment
from Recreation/O en S ace to Low Densit Residential of a 19.32 acre arcel
- Lots 1-2 , Blk. 29, Lots 1-2 , Blk. 30, Lots 1-2 , Blk. 31, Lots 1-26,
Blk. 32, vacated streets, Chautauqua Unit 4, Sec. A and a portion of M&B ~1.00,
Sec. 32-28-16; located on the N side of 10th Ave. S. (Union St.) and between
Second St. E. and Soule Rd. (Third St. E.) (Pinellas Area Council, Boy Scouts
of America) A 86-36, LUP 86-32. (PUD)
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The Pinellas County Land Use Plan has a Preservation land use designation
on a limited area adjacent to Lake Chautauqua and the City would not seek to
change that designation.
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The parcel includes a Florida Power easement with existing transmission
lines but the remainder of the parcel is vacant. Plans are to develop the
property with single family residences. Presently under oonsideration by staff
is a proposal from the proposed developer of the property to sell to the City
the property adjacent to Lake Chautauqua, N of the Florida Power ROW. If the
City should purChase the property, it would be excluded from the Land Use Plan
amendment process and remain as Open Space/Recreation.
City water and sewer are available. Although not a condition of
annexation, the dedication of rights-of-way and conformance to City requirements
for hydr~nts and water lines will be a requirement of the subsequent development
of the property.
The Planning Director reviewed the request and the development in
surrounding a~eas.
Discussion ensued
the proposed lot size.
also discussed.
regarding concerns for preserving the wooded area and
The proposed transportation system for the area was
A
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Bill Stephens, who is to purchase this property from the Boy Scouts,
reviewed his proposed development. He stated the lots would be a minimum of
16,000 sq. ft. and that he wants to preserve as many trees as possible. He
reported the property owner to the south is willing to donate 30 ft. for right-
of-way if not assessed for improvements.
(Book 39)
92.
1/15/87
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Two citizens spoke in opposition to the RS-4 zoning stating the lot size
is too small compared to surrounding developments.
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Discussion regarding various options for assuring the property is not
developed with 10,000 sq. ft. lots ensued.
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Commissioner Regulski moved to approve the Annexation and Land Use Plan
amendment with RS-2 zoning including the abutting right-of-way of Second St.
East subject to the following condition: The environmental consultant to the
impact assessment work with the Environmental Management staff to make the
necessary corrections to the environmental comments in the impact assessment
prior to City review of a preliminary plat; and to direct the City Attorney
to include in an ordinance and to direct the Planning Director to submit a
request for amendment to the County Land Use Plan to Suburban Low Density
Residential (2.5 u/acre) on that portion of the property not now classified
on the CLUP as Preservation and that the appropriate officials be authorized
to execute same. The motion was duly seconded. Upon the vote being taken:
Commissioners Regulski, Winner and the Mayor voted "aye"; Commissioner Berfield
voted "nay". Motion carried.
It..
Item ~15 - Continued tro. 12/18/86 Second Reading, Ordinance 4228-86 -
Annexing Lots 1 and 23, Blk. 2, Acker's Sub.; located at the E'ly corner of
the intersection of SR 580 and Charles Ave. (Shoemaker PH 6/19/86) A 86-12.
The City Attorney presented Ordinance 4228-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4228-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
A
'V
"Ayes":
Berfield, Regulski, Winner and Kelly.
"Nays":
None.
Item 016 - Continued r.ro. 12/18/86 Second Reading, Ordinance 4229-86 -
Zoning Atlas Amendment to Limited Office for property annexed in Ord. 4228-86.
( Shoemaker ) .
The City Attorney presented Ordinance 4229-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4229-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner and Kelly.
"Nays":
None.
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(Book 39)
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1/15/87
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Item U17 - Continued rrom 12/18/86 Second Reading, Ordinance 4230-86 -
Amending Ordinance 2019 to change land use designation from Commercial/Tourist
Pacilities and Low Density Residential to Residential/Office on property
annexed in Ord. 4228-86 (Shoemaker) LUP 86-15
The City Attorney presented Ordinance 4230-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4230-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": ~one.
Item 118 - Continued from 12/18/86 Second Reading, Ordinance 4238-86 - Zoning
Atlas Amendment from Single Family Residential to Limited Office on Lot 48,
Skyline Groves, Sec. 6-29-16; located on NE corner of W. Skyline Dr. and Sunset
Pt. Rd. (Forlizzo/City - P.H. 7/17/86). Z 86-9
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The City Attorney presented Ordinance 4238-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4238-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
o
Item 019 - Continued tra. 12/18/86 Second Reading, Ordinance 4268-86 - Zoning
Atlas Amendment from Public/Semi-Public to General Commercial District for
M&B 13.07, Sec. 8-29-15; located at the southern end of Marina Way on Island
Estates (Marine Science Center - P.H. 7/17/86). Z 86-13
The City Attorney presented Ordinance 4268-86 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance
4268-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"~ays": None.
Item #20 - Second Reading, Ordinance 4293-86 - Annexing M&B 22.07, Section
18-29-16; located on N side of Gulf-to-Bay Blvd., approx. 850 ft. E of Belcher
Rd. (Larson/Shingler--Boulevard Mobile Park). A 85-30
The City Attorney presented Ordinance 4293-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4293-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
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"Nays": None.
(Book 39)
94.
1/15/87
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Item D21 - Second Reading, Ordinance 4294-86 - Zoning Atlas Amendment to Mobile
Home Park District for property annexed in Ord. 4293-86.
o
The City Attorney presented Ordinance 4294-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4294-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item 122 - Second Reading, Ordinance 4303-86 - Vacating utility easement
part of Lots 6 and 7, Blk. D, Oak Hills Sub. (Knight 86-25).
The City Attorney presented Ordinance 4303-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4303-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item 123 - Second Reading, Ordinance 4304-86 - Amending Section 42.30, Code
of Ordinances to authorize the City Manager to approve Change orders to
contracts for Public Works under certain conditions.
o
The City Attorney presented Ordinance 4304-86 for second reading and read
it by title only. Commissioner Berfield moved to pass and adopt Ordinance
4304-86 on second and final reading and to authorize the appropriate officials
to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item 124 - Second Reading, Ordinance 4308-86 - Amending Sections 26.30(a),
26.33(2) g5 & g6, 26.34 and 26.35, Code of Ordinances to clarifY the powers
and duties of Pension Advisory Committee and the Trustees of the Pension Fund;
providing for the installation of Trustees at the first regular commission
meeting in April, rather than March; and provide for a referendum.
The City Attorney presented Ordinance 4308-86 for second reading and read
it by title only. Commissioner Regulski moved to table Ordinance 4308-86.
Motion was duly seconded and carried unanimously.
eIn MlI1GEB REPORTS
IX - Consent Agenda - Approved as submitted.
ldvisorJ' Board Vacan07 lIotitioatioDS - Received.
Item 125
Parks & Recreation Board (1 member)
( CLK)
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Item f126
Development Code Adjustment Board (2 members) (CLK)
(Book 39)
95.
1/15/87
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Item 1127
Library Board (1 member)
Planning and Zoning (1 member)
( CLIO
Item 928
(CLK)
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Bids & Contraots - Approved.
Item #29
Truck Chassis - Ross Chevrolet, Inc., St. Petersburg -$12,200. (rn)
Item #30 - Aluminum Bleachers Reliable Seating, Inc., Geneva, AL - $8,671.00
for Carpenter Field (4 - 15') and Phillip Jones Park (4 27'). (PR)
Item 1131
Yamaha 03 (2) - Boylan Sales, Sun City Center, FL - $11,560. (PD)
Item 032 - Police Van Conversion - Catch and Carry, Inc., Tampa - $13,509.00
for labor, materials and equipment. (PD)
Item 033 - Sludge Collector Hardware (1 lot) - Envirex, Inc., Waukesha, WI
- $12,852. (PW)
Item 1/34 - Highland Ave. Improvements (DeLeon to Maple Water r1ain Relocation
- Laura to Grove Sanitary Sewer Replacement) 87-11 -Suncoast Excavating, Inc.
$ 128,138. (PW)
Item 035 - Securitl Guard Services - Wackenhut Corp., Tampa - $4.84/hour.
{approx. 6400 hrs.), estimated total $30,976 for two municipal parking garages.
(TE)
e
Item 036 - Water Meters, 100 - 5/8" x 3/4" - Neptune Water Co., Atlanta, GA
- $20.30 each to fulfill requirements of bond issue replacement projects. (UT)
Item #37 - Mapping Services - Geonex Corp., St. Petersburg - not to exceed
$9,950j base maps to meet State requirements. (PUn)
CbaD8e Orders - Approved.
Item D38 - C.O. 02, Structural Repair for Sand Key Bridge - Contract 86-51,
$+9,841.00 for reshimming and aligning lock pin receivers for a new contract
price total of $141,933 (Coastal Marine Construction. Inc.) (PW)
Citizen & Start' Reql18sts - Approved.
Item 039 - Name of Countryside Library - Clearwater Countryside Library. (LIB)
Leases - Approved.
Item 040 - Lease of Marina Room 26 - Claude W. Campbell. d/b/a Campbell Realty
from 2/1/87 to 9/30/91 - $7,000. (MR)
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(Book 39)
96.
1/15/87
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s & Plats - Approved.
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It m #41 - Ma or Amendment to the Final Site Plan for Sunshine Mall - M&B
3 01, SeC3. 22-29-15 & 15-29-15; located on the W side of Missouri Ave., S
of Druid Rd. (Clearwater Association) PSP 85-13. (PUD)subject to the fOllowing
co ditions: 1) Any division of the land into two (2) or more lots, tracts,
at . for the purpose of transfer of ownership shall require subdivision plat
re iew in accordance with Chapter 133 of the City Code of Ordinances prior to
th issuance of any building permits; 2) Signs shall be subject to a separate
lew process; 3) EKisting and proposed parking figures and calculations shall
provided on the site plan prior to DRC review; and 4) The "Future Parking"
a on the property zoned RM-12 shall be deleted from the site plan.
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#42 - Preliminar Subdivision Plat for Oak Rid e Estates - M&B 14.16,
5-29-16; located at the NW corner of SR 580/CR 50 (Main St.) and Abbey
L ke Rd. (Future Landmark Dr.) (J.T. Paul, Trustee or Cocoa Masonry Profit
S aring Plan) SUB 87-1. (PUD) subject to the following conditions to be
a dressed on the plat prior to review by the DRC: 1) Water distribution system
m st be redesigned to prOVide a looped system as required by the Utilities Deptj
2 The proposed retention system must be redesigned to meet the design
r quirements of the Engineering Dept. and 3) The platted setback from the
s reet right-of-way on lot ~ must uniformly be 35 feet.
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I em H43 - Preliminary Site Plan for the British Academy - M&B 12.05, Sec.
2 29-15; located on the S side of Union St. apx. 90 ft. E of Powderhorn Dr.
( arnes) PSP 87-1. (PUD) subject to the following conditions: 1) The site plan
s all be revised to include the number of parking spaces required by the Land
D velopment Code stated i~ relationship to the applicable formula prior to site
p an review by DRC; 2) Applicant shall pt'ovide written assurance that expan-
sons or adjustments to the facility will not be made that would necessitate
t e addition of new parking spaces that cannot be provided in accordance with
C de requi~ements and approval by the Trafric Engineer, such condition to be
i eluded on the certified final site plan and 3) Signs shall be subject to
a separate review and permit process.
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B oelpt & Reterral - Received and referred to proper departments.
I em 844 - Petition for AnneKation and RS-8 Zonin for a .3 acre arcel-
L ts 1 & 2, Blk. 4, Bayview City Sub., Sec. 16-29-16; located on the SE corner
a the intersection of Bayview and Kentucky Aves. (Keefer) A 87-1. (PUD)
Item 845 - Petition for Annexation OL Zonin and a Land Use Plan Amendment
om Low Densit Residential to Residential/Office for a .25 acre parcel -
Part of Lots 7 & 8, Mosell Acres, Sec. 12-29-15; located on the W side of
eIcher Rd. apx. 725 ft. N of Drew St. (Winkel) A 87-2, LUP 87-1. (PUD)
tem #46 - Petition for AnneKation OL Zonin and a Land Use Plan Amendment
rom Medium Densit Residential to Residential/Office for a 1.25 acre M.O.L.
arcel - M&B 32.01 and vacated alley to the west, Sees. 6-29-16 & 1-29-15;
ooated on the SW corner at the intersection of Sunset Pt. Rd. and Belcher Rd.
Sun Bank of Tampa Bay/City) A 87-3, LUP 87-2. (PUD)
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(Book 39)
97.
1/15/87
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Item #47 - Petition for Annexation and RS-8 (Single Family Residential) Zoning
of a .41 acre M.O.L. parcel - Lots 159 - 161, Clearwater Manor Sub., Sec.
6-29-16; located on the S side of S. Lagoon Circle apx. 280 ft. E of Belcher
Rd. (Cardo, Buck, Seelig/City) A 87-4. (PUD)
Item #48 - Land Development Code Amendment to Section 136.016, "Fences and
Walls" pertaining to the orientation of the finished side of fences and walls.
(PUD)
City Attorney
AgreellBnts J Deeds and Easellents - Approved.
Item 049 - 10 ft. Water Main Easement - NW corner of SE 1/4 of Sec. 29-28-16
( Heritage United Methodist Church).
Item 050 - 10 ft. Drainage and Utility Easement - NW corner of SE 1/4 of Sec.
29-28-16 (Heritage United Methodist Church).
Commissioner Winner moved to approved the Consent Agenda as submitted and
authorize the appropriate officials to execute same. Motion was duly seconded
and carried unanimously.
x - Other Items on City Manager Reports
Item #51 - Appointment of Interim Commissioner. (ADM)
o
Commissioner Rita Garvey resigned her Commission seat on December 30,
1986. Section 2.07(c) of the Charter states: A vacancy in the Commission shall
be filled by majority vote of the remaining members of the Commission within
30 days of the vacancy.
Commissioner Regulski moved to accept the resignation of Commissioner
Garvey from Seat #4. Motion was duly seconded and carried unanimously.
Commissioner Regulski moved to place Marvin Moore's name in nomination
for the purpose of election. Motion was duly seconded and carried
unanimously.
Commissioner Winner expressed concern regarding the method of appointing
an interim Commissioner and requested a different procedure be considered.
Item #52 - Clearwater for Youth/UPARC Educational and Recreational Foundation
Memberships (ADM)
A non-profit corporation has been established to administer all phases
of the planning, fundraising, construction and operation of the proposed
educational/recreational center.
Each of the three organizations involved in the project is entitled to
name four trustees to the Board. Five names have been placed in nomination:
Mr. Richard Leandri, Mr. Jim Rasmussen, Mr. Fred Fisher, Mr. Jim David and
Dr. Nolan Allen. Additionally, the names of Mr. Don Williams, Mr. Bruce Boker,
Mr. Aaron Bilgore and Mr. Fred Thomas have been submitted for consideration.
/~~
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(Book 39)
98.
1/15/87
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Commissioner Berfield moved to appoint Mr. Fred Fisher as trustee.
Motion was duly seconded and carried unanimously.
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Commissioner Winner moved to appoint Dr. Nolan Allen as trustee. Motion
was duly seconded and oarried unanimously.
. !
Commissioner Regulski moved to appoint Mr. Don Williams as trustee.
Motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Mr. Fred Thomas as trustee.
Motion was duly seconded and carried unanimously.
Item U53 - Airport Authority '(1 member) - appointment. (CLK)
Commissioner Berfield moved to appoint Clifford D. Taylor. Motion was
duly seconded and carried unanimously.
Item U54 - Community Services Block Grant Application, Resolution 81-4
Approving and authorizing the submittal of the Community Services Block Grant
Application (PUD)
The Florida Dept. of Community Affairs is accepting applications for
projects to be funded through the Community Services Block Grant (CSBG) for
local projects to assist low-income individuals. These grants will be for the
six month period from April 1 through September 30, 1987. Funds available to
the State have been allocated to each County, Pinellas County's share being
$17,621. A population based allocation provides a Clearwater share of $2,46B.
A local match of $494.00 (20%) is required.
o
Staff recommends this funding be made available to the Girls Clubs of
Pinellas County for an educational enhancement project in Condon Gardens for
girls ages 6-17.
The local cash match required is available in the Planning and Urban
Development Dept. operating budget.
Commissioner Winner moved to pass and adopt Resolution 87-4 and to
authorize the appropriate officials to execute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
Item U55 - Comprehensive Regional Policy Plan for Tampa Bay Region. (PUD)
As part of the statewide growth management and planning process now ongoing
in Florida, the Tampa Bay Regional Planning Council has by legislative mandate
prepared a proposed comprehensive regional policy plan for the Tampa Bay Region
which includes Hillsborough, Manatee, Pasco and Pinellas counties.
8
(Book 39)
99.
1/15/87
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The TBRPC has requested local review and comment on the proposed regional
policy plan. Detailed comments and specific ~ecommendations have been obtained
from the individual city depts. The comments, which would necessitate
substantive amendment to the ~egional plan are recommended to be forwarded to
TBRPC. Additionally, staff has noted that changes should be made in the
proposed plan to correct typographical errors, p~ovide definitions and clarify
statements which should also be forwa~ded to TBRPC.
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The need fo~ regional planning occu~s when issues must be addressed which
cannot be resolved by local jurisdictions alone. Such issues in the Tampa Bay
Region include mass transit systems, hazardous waste disposal, regional
cor~ectional facilities, hurricane evacuation, management of the bay. The
regional plan should be limited to those issues which are regional in natu~e.
"
The City Attorney recommended the fOllowing changes: 1) in the regional
goal change "acquisition" to "taking"; 2) in policy 1.1 change "acquire" to
"take"; 3) in policy 1.3 change "appropriated" to "taken"; 4) in policy 1.5,
if "encouraged" is construed as haVing a mandatory effect, change "severely
restricted its practical use" to "prohibited any ~easonable use of the property"
and 5) add new policy 1.6 or substitute for policy 1.5 to read "This goal shall
not be construed as preventing the exe~cise by local governments of their land
use regulatory powe~s to secure reasonable dedication, impact fee or other
appropriate requirements benefitting the pUblic by offsetting needs attributable
to the development of land."
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Commissioner Regulski moved to authorize staff to submit co~~ents on the
proposed Comprehensive Regional Policy Plan, including those changes recommended
by the City Attorney, and take the formal position that the regional plan as
p~oposed cannot be supported without revision to add~ess only those issues,
goals and policies that a~e of regional concern and that the appropriate
officials be authorized to execute same. Motion was duly seconded and
carried unanimously.
II - Other Pending Matters
The City Manage~ reported a settlement has been offered by the Mills
Corporation to settle the suit in the Beach Renourishment project. The
proposal, which includes the City providing sand to be placed in front or Dan's
Island as well as a cash payment, would result in total cost to the City of
$800,000 to $900,000. NO aotion Maa taken.
XII - Verbal Reports
The City Manager reported he would be approving a change order to the
contract ror repairs to the Morningside Tennis Complex.
Aleta Cozart reported a misrepresentation that Clea~water was no longer
interested in the State Office Building was made at the Legislative Delegation
meeting. She stated the delegation was informed this is not the case and urged
the Commission to contact delegation members to inform them Clearwater is still
interested.
Consensus was to contact the Rabbis organization for a recommendation for
a liaison to work with the United States Holocaust Memorial Council in
~ planning the 1987 Days of Remembrance.
(Book 39)
100.
1/15/87
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CITY ATTORBRY REPORTS
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XIII
First Reading Ordinances
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Item #56 - First Reading, Ordinance 4306-86 - Vacating existing ROW of 1st
Ave. W. lying E of Lots 6 & 7, Blk. "B", Belleview Court Sub. and lying W of
Seaboard Systems RR ROW, between "E" St. and McLennan St. (Luke - P.tI. 11/6/86
/186-20).
The City Attorney presented Ordinance 4306-86 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4306-86 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berf'ield, Regulski, Winner and Kelly.
"Nays": None.
Item 057 - First Reading, Ordinance 4307-86 - Vacating Utility Easements
lying along boundary lines between Lots 3 & 4, Blk. W, Bay Terrace Sub. and
Lots 7 & 8, Blk. E, Bay Terrace Addn. Sub., extending E from Broad~lay St.
City, PH - 11/20/86 - nB6-21).
The City Attorney presented Ordinance 4307-86 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4307-86 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
o
"Nays": None.
Item 058 - First Reading, Ordinance 4310-86 - Creating Sections 24.001 and
24.002, Code of Ordinances to provide for the manner of Service of Process
on the City, and to ClarifY the duties and authority of the City Attorney with
respect to the handling of such lawsuits.
The City Attorney presented Ordinance 4310-86 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4310-86 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
nv ResolutloDa
Item 659 - Resolution 87-1, Assessing certain real property for the costs oe
demolition in the amount of $1,850 - incurred in removing a dangerous structure
from the N 75 ft. of the S 1/2 of Blk. E, J. J. Eldridge's Sub. (Jeralne Burt)
Commissioner Regulski moved to pass and adopt Resolution 87-1 and to
authorize the appropriate officials to execute same. Motion was duly seconded.
Upon roll call the vote was:
@
"Ayes": Berfield, Regulski, Winner and Kelly.
"Nays": None.
(Book 39)
101.
1/15/87
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Item 060 - Resolution 81-2, Dedicating 10 ft. drainage and utility easement
in SE 1/4 of Sec. 32-28-16, running E from Soule Rd.
I'"
Commissioner Berfield moved to pass and adopt Resolution 81-2 and to
authorize the appropriate officials to execute same.' Motion was duly seconded.
Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner and Kelly.
.:,.:
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"r-lays":
None.
.
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Item 061 - Resolution 81-3 - Dedicating 25 ft. drainge & utility easement
in Sec. 12-29-15, running W from Keene Rd.
. ~
,
Commissioner Winner moved to pass and adopt Resolution 87-3 and to
authorize the appropriate officials to execute same. Motion was duly seconded.
Upon roll call the vote was:
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"Ayes":
3erfield, Regulski, Winner and Kelly.
"Nays":
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xv - Other City Attorney Items
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Item - Richard Marvin Moore was administered the Oath of Office as City
Commissioner by the City Clerk.
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XVI - Other Commission Action
Commissioner Berfield - questioned if the City is going to respond to
a letter from Mr. Percy Rouse regarding difficulties in getting a handicap
access to his condominium. The City is reviewing the situation but there
be no assistance the City can provide.
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Mayor Kelly - stated Mr. Snair was not satisfied with responses he had
received and requested his concerns be addressed at the next work session.
She questioned whether or not there were stricter penalties for repeat
violators of the lot clearing ordinance. It was indicated not at this time.
However, if the violations are taken to the Code Enforcement Board, repeat
violators would be fined immediately with no additional hearing.
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Commissioner Winner - requested status of employee Public Relations
training.
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XVII - Adjournment
The meeting adjourned at 8:30 p.m.
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Ma~or/Commissioner
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(Book 39)
102.
1/15/87
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j FIHAL AGENDA - CITY COMMISSION MEETING - February 5, 1987 (6 p.m.)
",_~_____"'~ll>rlll'U'-';(.:""tQ"
WELCOME. We are glad to have you join us. If you wish to speak please wait to be
recognized, then state your name and address. Persons speaking before the City
Commission on other than Public Hearing items shall be limited to 3 minutes. No person
shall speak more than once on the same subject unless granted permission by the City
Commission.
I. Pledge of Allegiance
II. Invocation
III. Service Pin Awards
IV. Introductions and Awards
ACTION AGBNDA
I. The Vice-Mayor.
II. The Vice-Mayor.
III. Nine Service Pins.
IV. Two Police Officers administered
Oaths of Office; Employee ot' the
Hontb - Peter Fire, Police
Department; Chief Klein presented
"Award for Public Service" by
National Highway Traffic Safety
Administration.
V. Minutes of RegUlar Meeting of
January 15, 1987
Proclamations:
Amerioan History Honth - 2/87
A Day or Patriotic Meditation
2/15/81
V. Approved as amended.
VI. Presentations
Farewell tor Collllissloner Garvey
VI. Farewell gifts presented.
VII. Citizens to be heard re items not
on the agenda.
VII. Ann Garris - Need to set policy ro~
beach; need noise ordinance. Lois
Cormier - Requested starf ----
investigate problems occurring with
house moving. Margaret g.
Calderbank - Questioned if City
was monitoring acquisition of
property by the Scientoligists;
agreed we need noise ordinance.
VIII. Adjourn ror CoJIIIUDity BedeveloplMnt.
Agenoy
VIII. Adjourned at 8:34 P.M.; reconvened
8:36 P.II.
Hot Before :30 P.K. - Scbedu1ed P11b11c Bearings
(1) Presentation of issues by City
staff.
(2) Statement of case by applicant (or
representative) - 5 minutes.
(3) Statement of case by opposition
5 llinutes.
(4) Commission questions.
(5) Comments in support and comments in
opposition: (a) individual - 3 minutes;
(b) spokesperson for groups - 10 minutes.
(6) Commission questions.
(7) Rebuttal by opposition - 5 minutes.
(8) Final ~ebuttal by applicant (or
representative) - 5 minutes.
103
February 5, 1987
AGENDA
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IX
PUBLIC BEARINGS
9.
Vacation Request 86-27 - 10 ft. utility
easement lying in the east portion of the
west 50.46 ft. of the north 145.73 ft. of
Lot 1 in Professional Business Complex
located at 25 North Avenue (UPCO Postal
Employees Credit Union - Cline) V 86-27.
(PW)
Petition for Annexation and RS-4 Zoning
of an 18.36 acre parcel located on the
west side of McMullen-Booth Road apx.
feet north of S.H. 588, M&B 23-01 and
02, NW 1/4 Sec. 4-29S-16E (Caldwell)
A 86-37 (PUD)
Petition for annexation and IL zoning
a 2.4 acre parcel located on the S.
of Sunnydale Blvd. apx. 1,000 ft. E. of
Hercules Ave., the E. 315.44 ft. of Lot
6, Clearwater Industrial Park Subdivision,
Sec. 1-29S-15E. (Tanko Screw Products
Corp.) A 86-38 (PUD)
Zoning Atlas Amendment from CN to CG for
a 2.33 acre parcel located at the W. end
of Nicholson St. and just Landward of the
Seminole Boat Landing, Lots 2 and 3, part
of Lot 1, Blk. 2, Gorra Subdivision, Lots
1, 13, 14, 23 and a part of Lot 22, Sue
Barco Subdivision and adjacent vacated
streets, Lots 1, 2, 3,8,9, 10, F.T. Blish
Subdivision and unplatted parcel to the
W. of Lots 10, F.T. Blish Subdivision,
Sec. 9-29S-15E. (Clearwater Bay
Marine/Werder/Levinson/Coleman/Chadwick)
Z 86-23 (PUD)
Land Use Plan Amendment from Recreationl
Open Space to Public/Semi-Public and a
Zoning Atlas Amendment
for a 1.34 acre parcel located on
side of S.H. 60 adjacent on the E. to the
Clearwater Treatment Facility M&B 31-02,
SW 1/4 Sec. 16-29S-16E, (City) Z 86-20,
LUP 86-37. (PUD)
9. Approved.
10.
10. Approved.
300
23-
11 .
for
side
11. Approved.
12.
12. Denied CG zoning; rezoned Lots 8, 9, and
10 of F. T. Blish Sub. plus property to
the west to C.R. 24; directed staff to
amend code to accommodate "boat parking"
as conditional use In C.R. 24 zone.
13.
13. Approved.
from OS/R to P/SP
the S.
104
AGENDA
February 5, 1987
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14. Land Use Plan Amendment from 14. Approved.
Recreation/Open Space to Commercial/Tourist
Facilities and a Zoning Atlas Amendment
from OS/R to CR-28 for a .57 acre parcel
of land located on the SW corner at the
intersection of Clearwater Pass Avenue
and Gulfview Blvd. Property lying between
the S. lot lines of Lots 1 and 2, Blk. D,
Bayside Shore Subdivision, Sec. 17-29S-15E,
and the N. line of the easement recorded
in O.R. Book 5773, Page 123 and O.R. Book
3100, Page 263 of the Official Records
of Pinellas County, Florida, (Lane
Clearwater Limited Partnership/City)
Z 86-21, LUP 86-38 (PUD)
15. Land Use Plan Amendment from 15. Approved.
Recreation/Open Space to Low Density
Residential and a Zoning Atlas Amendment
from OS/R to RS-8 on Parcel 01 and to RS-4
on Parcel 02 on a 1.5 acre area located
on the W. side of Eldorado Ave. apx. 250
feet N. of Island Dr. and continuing N.
apx. 1900 ft., that land lying between
the coastal construction control line and
the W. lot line of the fOllowing described
property, Parcel Ul, lots 10-17, Blk. 69,
Lots 1-14, Blk. 70, Mandalay Subdivision,
M&B 32-01, Sec. 32-28S-15E, and Parcel
#2, Lots 1-5 and the S. 16 ft. of Lot 6,
Mandalay Point Subdivision, Sec. 32-28S-15E
and Sec. 5-29S-15E.(Multiple/City) Z 86-22,
LUP 86-39. (PUD)
16. Land Use Plan Amendment from 16. Approved.
Recreation/Open Space to Commercial/Tourist
Facilities and a Zoning Atlas Amendment
from OS/R to CB, for a .9 acre parcel of
land located on the SE corner of Clearwater
Pass and South Shore Blvd., property lying
between the S. lot line of Lot 2, Blk. A,
Bayside Shore Subdivision and the existing
seawall, Sec. 17-29S-15E.(Fisherman's Wharf
of Clearwater, lnc./City) Z 86-24, LUP
86-40, (PUD)
17. Public Hearing and First Reading 17. Ord. _336-87 passed 1st reading.
Ord. '336-87 - Amendment to the Land
Development Code of Sections 132.005 and
132.007 relating to Annexations. (pun)
18. Public Hearing and First Reading
Ord. '335-87 - Land Development Code 18. Ord. -335-87 denied.
Amendment to Sec. 134.010, Signs Requiring
Permits pertaining to the size limitations
of business identification signs for office
complexes. (PUD)
105
February 5, 1987
AGENDA
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19. Second Reading Ord. 4306-86 - Vacating
1st Ave. W. adjacent to Lots 6 & &, Blk.
B, Belleview Court Sub., (Luke P.H.
11/6/86 - #86-20).
20. Second Reading Ord. 4307-86 - Vacating
Utility Easements along Lots 3 & 4, Blk. W
and Lots 7 & 8, Blk. E, Bay Terrace & Bay
Terrace Addn. (City P.H. 11/20/86 - #86-
21).
21. Second Reading Ord. 4310-86 - Amending
Code to provide manner of Service of
Process on City.
19. Ord. 4306-86 adopted.
20. Ord. 4307-86 adopted.
21. Ord. 4310-86 adopted.
CITY HABAGER REPORTS
x
COlfsmrr AGENDA
x
Approved as subllitted.
Agreements
22. Parking Arrangements for Phillies Spring
Training Season 1987 - Countryside High
School Band Boosters and Clearwater High
School Band Boosters - Jack Russell
Stadium. (PR)
23. Countryside Little League, Inc.
Concession/Pressbox/Storage Bldg.
Countryside Community Park. (PR)
Bids & Contraots
24. Roof Repair/Restoration - P. Greco & Sons,
Inc., St. Petersburg - $16,800. (CS)
25. Front-End Loading Sanitation Trucks (4)
Crane Carrier Co., Tulsa, OK - $453,948.
(CS)
26. AMC Cherokee (4x2) - Collection Chevrolet,
Inc., Miami - $10,719. (CS)
27. Police Pursuit Vehicles (9) 1987 Ford
LTD Crown Victoria - Karl Flammer Ford,
Inc., Tarpon Springs - $105, '702.75.
(CS)
28. Fire Truck (Pumper) - Gator Emergency
Vehicles, Inc., Clearwater - $99,615.
(FD)
29. 3/4 Ton Pick-Up Truck - Ross Chevrolet,
st. Petersburg - $12,166.05. (FD)
30. Aluminum Truck Body (Fire Truck) Gator
Emergency Vehicles, Inc., St. Petersburg
$11,292. (FD)
31. Processor and Associated Equipment Chemco
Elec. Supply, Inc. St. Petersburg
$21,676.35. (PW)
106
AGENDA
February 5, 1987
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32. Gas Service Parts - Burt Woodruff, Inc.
Orlando; Fox Applicance Parts Augusta,
GA; Banks Supply Co. - St. Petersburg
$26,570. (UT)
33. Gas Distribution Materials - Phillips
Engineering, Clearwater; Western Supply
Co., Bnglewood CO - $131,238. (UT)
34. Water Pump/Motor Installation - Electrical
& Mechanical Equipment, Safety Harbor -
$19,804. (UT)
CbalIge Orders
35. c.o. 01 - Drew St. Extension (86-17)
increasing in amount of $63,174.
(PW)
CitizeD & starr Requests
36. Permits for Private Refuse Service Wells
Brothers, Inc.; Waste Management of
Pine lIas County; Industrial Waste Serv.,
Inc. (UT)
37. Municipal Election - March 10, 1987
Appoint Commissioner Moore to represent
Canvassing Board. (CLK)
Leases
38. Lease Assignment Marina Rooms 4, 31,
32 - Chasco, Inc., d/b/a Harbour Yacht
Sales to American Yacht Corp., d/b/a
Harbour Yacht Sales. (MR)
39. Marina Office Room Rental Rooms 20-25,
29 and 30 - U.S. Customs Service - 3/1/87
to 2/29/92 - $86,600. (MR)
Plans & Plats
40. Revalidation of Final Site Plan for Park
Place, Phase I, Tract II A, located on
the N. side of SR 60 and on the W. side
of Hampton Rd., portion of M&B 23-01, Sec.
23-01, Sec. 17-29S-16E, (Metro Development
Corp) PSP 83-41 (PUD)
41. Revalidation of Revised Final Site Plan
for Arbor Shoreline Office Center Phase
II, located on the E. side of US 19,
immediately S. of Japanese Garden Mobile
Home Park, portions of M&B 3 and M&B 5,
6, and 7, Sec. 29-29S-16E, (Teacher Ins.
and Annuity Assoc. of America) PSP 81-6
(PUD)
107
AGENDA
February 5, 1987
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42. (Continued ~ 12/11/86) Preliminary
Subdivision Plat for Vogel Commercial Plat
located at the SE corner of Enterprise
Rd. E and Landmark Dr., M&B 22-02 and a
portion of M&B 22-01, Sec. 33-28S-16E,
(Vogel) SUB 86-10 (PUD) (To be tabled)
43. Preliminary Subdivision Plat for Homestead
Oaks located on the W side of McMullen
Booth Rd. apx. 280 ft. N of Main St., M&B's
23-01 and 23-02, Sec. 04-29S-16E, (Pioneer
Development Grp., Inc.) SUB 87-2. (PUD)
44. Preliminary Site Plan for Greek Orthodox
Church of the Holy Trinity, Inc. Addition
located apx. 270 ft. N of Gulf-to-Bay
Blvd. and apx. 190 ft. E. of Coachman
Rd. (CR 32), M&B 14-05, Sec. 18-29S-16E.,
(Greek Orthodox Church of the Holy Trinity,
Inc.) PSP 87-2. (PUD)
Reoeipt & Referral
45. Petition for Annexation and RS-8 zoning
for a .28 acre M.O.L. parcel located on
the W. side of West Manor Ave. apx. 350
feet S. of Manor Blvd. N., Lots 41 and
42, Clearwater Manor Subdivision, Sec.
6-29S-16E. (Ussery/City) A 87-6 (PUD)
46. Petition for annexation and RS-8
zoning for a .14 acre parcel located on
the E. side of Old Coachman Rd. apx. 200
ft. S. of intersection of Americus Dr. and
Belcher Rd., Lot 4, Blk. A, Sunset Point
Estates, Sec. 6-29S-16E.(Swainston) A 87-7
(PUD)
47. Zoning Atlas Amendment from CPO to ALII
for a .55 Acre M.O.L. parcel located on
the W. side of U.S. 19 apx. 450 ft. N. of
Drew St., portion of M&B 4-01, Sec. 7-29S-
16E (Rothman) Z 87-1. (PUD)
48. Zoning Atlas Amendment from CR-24 to CG
for a .48 Acre Parcel located on the W.
side of Clearwater-Largo Rd. apx. 250 ft.
S. of Woodlawn St., M&B 44.09 and 44-10,
Sec. 21-29S-15E. (Gianfilippo/Ackerley)
Z 87-2. (PUD)
49. Petition for Annexation and P/SP Zoning
for a 5.16 Acre Parcel located on the N.
side of SR 590 apx. 400 ft. W. of McMullen
Booth Rd., M&B 33-02, SWl/4 Sec. 4-29S-16E
(S.P.C.A.) A 87-8. (PUD)
108
AGENDA
February 5, 1987
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50. Land Use Plan Amendment from Low Density
Residential to Public/Semi-Public and a
Zoning Atlas Amendment from RS-2 to P/SP
~or a 2.77 Acre Parcel located on the W.
side of McMullen Booth Rd. apx. 300 ft. N.
of the intersection of McMullen Booth Rd.
and Briar Creek Blvd., M&B 22-07, Sec.
21-28S-16E, (McCutcheon) LUP 87-4, Z 87-3.
(PUD)
51. Petition for Annexation, P/SP Zoning and
a Land Use Plan Amendment from Low Density
Residential to Public/Semi-Public for a
.74 acre parcel located on the W. side
of McMullen Booth Rd. apx. 200 ft. N. of
the intersection of Briar Creek Blvd. and
McMullen Booth Rd., M&B 22-08, Sec.
21-28S-16E, (Carey/Tabb) Annex 87-9, LUP
87-5. (PUD)
CITY ATrORHBY
Agreements. Deeds and Easellllf!Dts
52. Authorizing execution of agreement for
sanitary sewer lien on Lot 4, Blk. A,
Sunset Point Estate (Swainston).
53. Deed for ROW for Curlew Rd., McMullen
Booth Rd., and Landmark Dr. (Florida
Convalescent Center, Inc., a Texas
Corp.).
54. 10 ft. drainage and utility easement
N.E. corner of the N.W. 1/4 of Sec.
32-28-16 (Magnum Leasing & Mortgage Corp.,
a New Hampshire Corp.)
55. 10 ~t. water main easement and ingress and
egress easement on parcel in N.E. 1/4 of
Sec. 17-29-16 (M & D Partnership)
XI
OTHER ITEMS OR Cln HlJiAGER REPORTS
56.
60.
Ervin Harris All American Youth CLub
Use of Holt Avenue Youth Center.
(PR)
Reso. 87-1 - U.S. 19 Phase II Proposed
Improvements (Pinellas & Pasco Counties)
Greiner Engineering Sciences, Inc.
City Appointments
Educational/Recreational Foundation.
Commission Meeting Date Conflicts
3/5/87 and 12/17/87. (ADM)
Greater Clearwater Chamber of
Welcome Station Request for
loan. (ADM)
56.
Approved.
57.
57.
Reso. 87-7 adopted.
(TE)
58.
( ADM)
58.
59.
Appointed Richard A. Leandri.
3/5/87 unchanged; bring back con-
sideration of 12/17/87 meeting in May.
Approved.
59.
Commerce
$70,396.00
60.
109
AGENDA
February 5, 1987
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61. Development Code Adjustment Board (2 61. Reappointed Otto Gans; appointed John
members) . ( CLK) Homer.
62. Library Board (2 members). ( CLK) 62. Reappointed Margot Pequignot; appointed
Virginia V. Watson.
,9 63. Parks & Recreation (1 member). ( CLK) 63. Reappointed Jacquelyn A. Tobin.
, ,.
\,' . 64. Planning & Zoning Board (1 member). ( CLK) 64. Reappointed Richard D. Green.
XII
other Pending Hatters
None
XIII
Verbal Reports
nIl
Authorized making necessary
adjustments to permit serving of
alcoholic beverages as long as the
alcoholic content does not exceed
the current percentage of the beer
now being served by the Phillies
at Jack Russell Stadium.
CITY ATtOmmr REPORTS
XIV
First Reading Ordinances
55. Ord. _311-81 - Rezoning parcel apx. 320
ft. S. of Gulf-to-Bay and 200 ft. E. of
Bamboo Lane (Jersey Jim Towers TV - P.H.
11/20/86).
65. Ord. ~311-87 passed 1st reading.
xv
Resolutions
56. Reso. 87-5 - Assessing property owners
costs of lot clearing.
67. Reso. 87-6 - Requesting County to abate
taxes on property purchased for pUblic
purposes.
66. Reso. 87-5 adopted.
67. Reso. 87-6 adopted.
XVI
other City A.ttorney ItellS
68. Settlement - City vs. John Naughton Ford,
Inc.
68. Authorized.
Winner - Urged that a noise ordinance be
put into effect as soon as possible. The
City Attorney reported he planned to have
an ordinance for first reading at next
meeting.
Regulski - Requested lot being used for
storage of cars on N. side of Gulf-to-Bay
across from Carlisle Motors be investigated
for code compliance. Stated area around
Pier 60 be reviewed re traffic flow as
well as beautification.
110
AGENDA
February 5, 1987