02/19/1987
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CITY COHKISSIOR HIm'rIRG
February 19, 1987
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The City Commission
the City Hall, Thursday,
members present:
in regular session at
with the fOllowing
of the City of Clearwater met
February 19, 1987, at 6:02 p.m.,
Kathleen F. Kelly
Lee Regulski
James L. Berfield
Don Winner
R. Marvin Moore
Mayor-Commissioner
Vice/Mayor-Commissioner
Commissioner (arrived 6:24 p.m.)
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
Terry Jennings
Paula Harvey
Cynthia E. Goudeau
City Manager
City Attorney
Assistant Public Works Director
Planning Director
City Clerk
The Mayor called the meeting to order, led the Pledge of Allegiance and
offered the invocation.
In order to proVide continui.ty tor research, the i.tems will be listed in agenda
order althougb not necessari.1S di.scussed in that order.
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III - Service Pin Awards.
4 service pins were presented to City employees.
IV - Introductions and Awards.
February Employee of the Month - Jon Slatt, Personnel Dept.
Citation of Appreciation presented to Michael Dallman for service on
the Development Code Adjustment Board.
Proclamations
Engineer's Week - February 22
28, 1987.
Foreign LaDguage Week - March
- 7, 1987.
v - Minutes of the RegUlar Meeting of February 5, 1981.
Commissioner Winner moved to approve the minutes of the regular meeting
of February 5, 1987, as recorded and submitted in written summation by the Clerk
to each Commissioner. Notion was duly seconded and carri.ed unanimously.
VI - Presentations - None.
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(Book 39)
133.
2/19/87
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VII - Citizens to be Heard re Items Not on the Agenda.
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Syd Snair requested responses regarding the issues raised in his May 5,
1986 letter.
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Bob Love expressed concerns that the City is insensitive to individuals.
VIII - Public Hearings
Item 09 - Petition for Annexation and RS-8 Zoning for a .3 acre parcel - Lots
1 & 2, Blk. 4, Bayview City Sub., Sec. 16-29-16; located on the SE corner at
the intersection of Bayview and Kentucky Aves. (Keefer) A 87-1 (PUD)
The property is presently developed with a single family residence on Lot
1 and Lot 2 is vacant. The purpose of the annexation is to receive City water
and sewer service.
The recreation faCility fee has been paid on Lot 1 and will be due on lot
2 when developed. Although not a condition of annexation, an additional 10
rt. ROW will be required for Bayview Ave./Landmark Dr. when it is widened.
Commissioner Regulski moved to approve the requested annexation and RS-8
zoning or the subject property including the abutting ROW of Kentucky Ave.
and to direct the City Attorney to include in an ordinance. Motion was duly
seconded and carried unanimously.
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Item #10 - Petition for Annexation, OL Zoning and a Land Use Plan Amendment
rrom Low Density Residential to Residential/Office for a .25 acre parcel -
Part or Lots 7 & 8, Mosell Acres, Sec. 12-29-15; located on the W side or
Belcher Rd. approx. 725 ft. N of Drew St. (Winkel) A 87-2, LUP 87-1 (PUD)
The property is presently developed with a single ramily residence which
is proposed to be converted to an of rice. City water and sewer are available
to the property.
The property is under one acre of non-residential use. No recreation land,
facility or open space fees are due.
Commissioner Winner moved to approve the requested annexation, OL zoning
and LUP amendment to Residential/Office on the subject property and to direct
the City Attorney to include in an ordinance. MOtion was dUly seconded and
carried unanimously.
Item #11 - Petition ror Annexation, OL Zoning and a Land Use Plan Amendment
from Medium Density Residential to Residential/Office for a 1.25 acre M.O.L.
parcel - M&B 32.01 and vacated alley to the west, Sees. 6-29-16 and 1-29-15;
located on the SW corner at the intersection of Sunset Point and Belcher Rds.
(Sun Bank of Tampa Bay/City) A 87-3, LUP 87-2 (PUD)
The parcel was the subject of an Agreement to Annex which was signed on
December 17, 1981. The property is now contiguous to the city limits and is
eligible to be annexed. This is City initiated and the owners were given the
required 60 day notice called for in the agreement.
(Book 39)
134.
2/19/87
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The property is developed with a bank.
to the property.
City water and sewer are available
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Commissioner Regulski moved to approve the requested annexation, OL zoning
and LUP amendment to Residential/Office on the subject property including the
abutting ROW of Sunset Pt. Rd. and to direct the City Attorney to include in
an ordinance. Motion was duly seconded and carried unanimously.
Item #12 - Petition for Annexation and RS-8 Zoning of a .41 acre M.O.L. parcel
- Lots 159, 160 & 161, Clearwater Manor Sub., Sec. 6-29-16; located on the S
side of S. Lagoon Circle approx. 280 ft. E of Belcher Rd. (Cardo, Buck,
Seelig/City) A 87-4 (PUD)
The parcel was the subject of two Agreements to Annex. signed on May 12,
1976 for lots 159 & 160 and August 29, 1978 for lot 161.
The property is now contiguous to the city limits and is legally able to
be annexed. City initiated, the property owners were given the required 60
day notice.
All three lots are developed with single family residences.
is available to the property.
City sewer
Commissioner Winner moved to approve the requested annexation and RS-8
zoning of the subject property including the abutting ROW of S. Lagoon Circle
and to direct the City Attorney to include in an ordinance. Motion was duly
seconded and carried unanimously.
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Code - providing
The City Attorney presented Ordinance 4334-87 for first reading and read
it by title only.
It was reported the Development Code Adjustment Board recommended denial
of the amendment because they felt there were other alternatives. One citizen
spoke in support of the ordinance.
Commissioner Regulski moved to pass Ordinance 4334-87 on first reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Moore and Kelly.
"Nays":
None.
from
of land
located
Z 86-17
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(Book 39)
135.
2/19/87
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The City Attorney presented Ordinance 4311-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance
4311-87 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, Moore and Kelly.
"Nays": None.
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Item #15 - Second Reading, Ordinance 4336-87, Amending Sees. 132.005 and
132.007, Code of Ordinances to delete the requirement that property proposed
to be annexed shall include all contiguous property under one and the same
ownership.
The City Attorney presented Ordinance 4336-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance
4336-87 on second and final reading and to authorize the appropriate officials
to execute ~ame. Motion wa~ duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Moore and Kelly.
"Nays": None.
CITY MAUGBR DEPORTS
IX - Consent Agenda - Approved as submitted. -(Item 023 reconsidered)
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Advisory Board Rotifications - Received.
Item #16 - Library Board (1 member) (CLK)
Bids & Controacts - Approved.
Item 917 - Computer Equipment - additional workstations for Parks & Recreation
Dept.; $12,358 under the terms of the existing Master Lease/Purchase Agreement
with First Florida Bank (PR)
Item 918 - Laura Street Drainage Improvements (Ft. Harrison to Osceola Ave.)
87-15; Suncoast Excavating, Inc. for $46,352. (PW)
Item #19 - Installation of 2" Gas Main (Green Springs Rd. and County Rd. 102
in Safety Harbor) - Gulfcoast Utility Constructors, Inc. for $12,500. (UT)
Cbange Orders - Approved.
Item #20 - Change Order 02, Drew Street Extension (86-17) - $+22,202.00 for
a new contract total of $1,307,106.60 for additional stormwater treatment
facilities required by Southwest Florida Water Management District. (PW)
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Chan e Order #2 and Final
contract total
con trac t. (PW)
addition
Item 022 - Chan e Order #1
for a new contract total of
airs - Pier 60 contract (86-5) $+48,400
PW)
(Book 39)
136.
2/19/87
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Plans & Plats - Approved.
See page ~
Item f!23
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Item f!24 - Major Amendment to the Site Plan for Dimmitt Chevrolet (Phase 4
of Master Site Plan) - M&B 32.02, 32.03,32.10 and lots 16 & 17, Blk. 14,
Chautauqua Section A, Unit 1, Sec. 32-28-16; located on the E side of US 19,
S of First Ave. N. (Dimmitt) PSP 83-60 (PUD); subject to the following
conditions: 1) Signs shall be subject to a separate review and permitting
process and 2) The applicant shall obtain conditional use approval for the
proposed outdoor display and sales area prior to review of a final site plan
by the D.R.C.
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Item f!25 - Revalidation of the Final Site Plan and Preliminary Plat for
Countryside Woods Townhouses - M&B 42.03, Sec. 17-28-16; located at the SW
corner of Curlew Rd. and Countryside Blvd. (Sachs & Nepple) PSP 85-41 (PUD);
subject to the fOllowing conditions (#7 amended): 1) A covenant shall be filed
with the Clerk of the Circuit Court recording the transfer of development rights
as approved by the City Commission, such covenant to run with the land, prior
to the issuance of a building permit; 2) Utility easements shall be provided
over the water mains up to and including meters and hydrants; 3) Dumpsters shall
be enclosed with a minimum 12 foot wide opening; 4) Final retention and storm
drainage system shall be designed consistent with current City of Clearwater
engineering standards; 5) A sanitary sewer easement shall be provided over the
sewer line along Curlew Rd.; 6) Easements shall be provided over the sidewalks
along Curlew Rd. and Countryside Blvd.; 7) The final plat shall be recorded
no later than June 19, 1987; 8) All garages shall measure 21 ft. in length and
all driveways shall be 19 ft. in length; 9) No parking shall be permitted on
the 24 ft. wide internal drive; 10) The requisite initial building permit(s)
shall be procured no later than June 19, 1986 and all requisite certificates
of occupancy shall be procured within two (2) years from the date of issuance
of the initial bUilding permit; and 11) Any fence/wall/landscape treatment at
the perimeter of the project area along Curlew Rd. and Countryside Blvd. shall
be submitted as a unified project plan to, and requiring approval by, the Code
Administrator and Environmental Management director prior to the issuance of
any permits for same.
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Item 026 - Ma or Amendment to the Master RPD 5.8 Site Plan for Cooper's Bayou
- M&B 21.1 , 21.17 & 21.18, Sec. 16-29-16; located between Bayshore Blvd. and
McMullen Booth Rd. approx. 800 ft. S of Drew St. (Bricks Management & Real
Estate Development, Inc.) PSP 85-39 (PUD); subject to the following conditions:
1) Signs shall be subject to a separate review and permitting process and
2) The height of all buildings shall be indicated in feet on the final site
plan prior to D.R.C. review.
Receipt & Rererral - Received and referred to proper departments.
Item 027 - Petition for Annexation and RS-8 Zoning for a .34 acre parcel -
Lot 1, John's Parkway Sub. and a 25 x 170 ft. parcel abutting on the west, Sec.
16-29-16; located on the S side of John's Parkway approx. 950 ft. W of Bayshore
Blvd. (Sofarelli) A 87-10 (PUD)
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(Book 39)
137.
2/19/87
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Item #28 - Land Use Plan Amendment from Commercial/Tourist Facilities and Low
Densit Residential to Public/Semi-Public and a Zonin Atlas Amendment from
CN and RM- to PISP for a .54 acre parcel - Lots 2-6, Blk. C, Jurgen's Addition
Revised and M&B 23.07, Sec. 10-29-15; located on the NE corner at the
intersection of N. Myrtle Ave. and Metto St. (Church of God by Faith, Inc.)
LUP 87-6, Z 87-4
City Attorney
Agreements, Deeds and Easements - Approved.
Item 029 - 10 ft. water main easement lying 5 ft. each side of all water mains
up to and including all hydrants and meters, but eXCluding any water mains that
may lie under buildings or within 5 ft. of bUildings and an in~ress and
egress easement for refuse and garbage collections and City of Clearwater
service and utility vehicles; being a part of the NW4 of Sec. 32-28-16.
(Magnum Leasing Mortgage Corp.)
Commissioner Regulski moved to approve the consent agenda as submitted.
Hot~OD was duly seconded and carr~ed unanimously.
It was indicated there was a citizen to speak regarding Item #23 on the
consent agenda.
Item 023 - Removal of a Condition of Approval for the Final Site Plan ror
Island Walk Condominium I - M&B 31.01, part of Tract D, M&B 312.03, Sec.
5-29-15; located W of and abutting Island Way, E of Island Point No 1. Condo
(Bay House Condo.) and surrounding Diamond Isle Condo. (610 Island Way Develop-
ment Corp.) PSP 80..25 (PUD)
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On May 19, 1983, the Commission approved a major amendment for the ISland
Walk Condominium subject to conditions, one being: The transfer of ownership
between Bay House Condominium and Island Walk Condominium occur prior to the
issuance of a building permit.
Building permits have been issued for Phases I & IV; IV being the phase
affected by this condition. The property has changed hands several times and,
according to the current property owners of Phase IV, no land swap ever
occurred. This statement has been verified. The President of Bay House
Condominium Assoc. has been contacted and he acknowledges the record of current
ownership is correct.
The applicants now desire to use this portion of the property for a parking
lot reconfiguration. In order to proceed with plans as proposed, the subject
condition must be eliminated. As no required parking for either site would
be affected by eliminating this condition, it is recommended it be removed.
Chuck Hollard, resident of Bay House Condominium, stated the transfer of
the property was an agreement between Bay House Condomi.nium and the previous
property owner. He requested a decision on this item be postponed.
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(Book 39)
138.
2/19/87
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Discussion ensued regarding whether the City had the authority to require
the transaction take place and whether this is a dispute between private
parties. Mr. Hollard stated he had a petition signed by 36 owners in Bay House
objecting to the condition being removed. Dick Beauben, another resident of
Bay House, stated there was an agreement between Swires and Bay House
Condominium that six (6) parking spaces would be provided to Bay House provided
easements'were granted to Swires. The easements have been recorded.
Commissioner Regulski moved to withdraw Item #23 from the consent agenda
as approved. Motion was duly seconded and carried unanimously.
Commissioner Regulski moved to table Item U23.
seconded and carried unanimously.
tbt1.on was duly
x - Other Items on City Manager Reports
Item D 30 - Consultant Services for Components of the Coastal Zone Management
Element of the Comprehensive Plan Update (PUD)
State law requires that the comprehensive plan address certain specific
problem study areas in preparing its comprehensive plan update. Consultant
assistance was requested through advertised RFP to provide the following
required components of the coastal zone management element of the comprehensive
plan: a) an analysis of the conflicts among shoreline uses and an estimate
of the need for water-dependent and water-related development sites; b) an
analysis of the economic base of the coastal area based on the fUture land use
element; c) post-disaster redevelopment planning; and d) citizen participation
efforts to insure that these produota are acceptable solutions to these
community issues.
o
Five firms responded to the RFP and were interviewed by a team of staff
members. Proposals and interview responses were ranked and Healey Consultant
Group, Inc. was determined to be best qualified to the City's needs at a maximum
contract amount of $27,600.
The cost of this contract will be reimbursed by the State Planning
Assistance Grant recently awarded to the City. Work will begin immediately
with a final product due in August, 1987.
Commissioner Winner moved to approve the staff ranking of Healey Consultant
Group, Inc. and authorize execution of a contract for a sum not to exceed
$27,600 and that the appropriate officials be authorized to execute same.
Mot1.on V'lS duly seconded and carr1.ed unanimously.
Item #31 - Peace Pole Project - Clearwater Beach Property (PR)
Previously discussed, the City Commission wanted additional information
regarding the "Circle of Peace" organization; its basic foundation and who it
represents.
This request was forwarded to Ms. Helen Tittle King who responded by
sending a copy of an article from the Clearwater Sun.
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139.
2/19/87
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Ms. King originally asked that the Peace Pole be placed on City property
immediately west of Gulfview Blvd. and southwest of the Clearwater Beach
lifeguard station. However, according to her recent letter, she is open-minded
as to location.
"
Ms. King indicated the Peace Pole
in Pinellas County working for peace.
country or race.
Project is sponsored by a unified group
She stated it goes beyond any religion,
Bob Winchester, member of the Unitarian Universalist Church, stated the
Peace Pole is 7-1/2 feet tall and made of cedar with the words "May Peace
Prevail on Earth" in seven different languages. He stated they now propose
to make the pole portable and are requesting it be located in City Hall, then
possibly transferred to the library and in the future, to another city's city
hall. There are 55,000 peace poles throughout the world with some located in
all 50 states of the United States of America.
Discussion ensued regarding possible liability should someone injure
themselves tripping over or running into the pole. Commission members do not
feel they know enough about the organizations behind the peace pole project.
The City Manager expressed concerns that approving this would set a
precedent and similar types of requests would be forthcoming.
It was stated the pole could be placed on private property.
Commissioner Berfield moved to deny the request to place a Peace Pole on
City-owned property. Motion was duly seconded and carried unanimously.
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Item 032 - Restrooms on Clearwater Beach (PR)
This item was continued to the next regularly scheduled meeting of March
5, 1981.
XI - Other Pending Matters - None.
XII - Verbal Reports
The City Manager reported the Phillies have decided not to sell wine
coolers at Jaok Russell Stadium.
Consensus was to set the Canvassing Board meeting of March 11, 1987 at
Noon.
The City Manager requested direction re when the swearing-in ceremonies
for Commissioners should occur and whether or not to invite both old and new
Commission members to the Phillies and Advisory Board Dinners.
Commissioner Moore moved to set a pOlicy of swearing in Commissioners at
the 1st meeting in April. Motion was duly seconded and carried
unanimously.
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(Book 39)
140.
2/19/81
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Consensus was to invite both old and new Commissioners to Dinners.
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The City Manager requested Commission members planning on attending the
Sailing Center Fund Raising Kick-off, Saturday at 2:00 p.m., notify his of rice.
He stated they are still trying to establish a date for the Phillies
Dinner.
CITY AnORBEY REPORTS
XIII - First Reading Ordinances
Item #33 - Ordinance 4330-87, Zoning Atlas Amendment from General Commercial
(CG) to Mobile Home Park District (RMH) for part of the Nwk of Sec. 18-29-16,
M&B 23.02; located on the N side of Gulf to Bay Blvd., approx. 300 rt. E of
Belcher Rd., being a portion of Green Acres Mobile Home Park. Z 86-18
(Keller Park Partnership)
The City Attorney presented Ordinance 4330-87 ror first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4330-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berrield, Regulski, Winner, Moore and Kelly.
"Nays":
None.
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Item #34 - Ordinance 4331-87, Amending the Land Use Element of the
Comprehensive Plan or the City to change the land use designation from
Commercial/Tourist Facilities to Medium Densit Residential for part of the
NW of Sec. 18-29-16, part of M&B 23.02 j located on the N side of Gulr to Bay
Blvd., approx. 300 ft. E of Belcher Rd., being a portion of Green Acres Mobile
Home Park. LUP 86-30 (Keller Park Partnership)
The City Attorney presented Ordinance 4331-87 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4331-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes" :
Berfield. Regulski, Winner, Moore and Kelly.
"Nays":
None.
Item D35 - Ordinance 4332-87, Zoning Atlas Amendment from General Commercial
(CG) to Mobile Home Park (RMH) for part of the SW~ of Sec. 18-29-16, part of
M&B 32.12; located on the S side of Gulf to Bay Blvd., approx. 750 ft. E of
Belcher Rd., being a portion of Happy Trails Trailer Park (Bruning & Englert)
Z 86-19
The City Attorney presented Ordinance 4332-87 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4332-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Moore and Kelly.
"Nays" :
None.
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(Book 39)
141.
2/19/67
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Item #36 - Ordinance 4333-87, Amending the Land Use Element of the
Com rehensive Plan of the Cit from Commercial/Tourist Facilities to Medium
Density Residential for part of the SW of Sec. 1 -29-1 , part of M&B 32.12;
located on the S side of Gulf to Bay Blvd., approx. 750 ft. E of Belcher Rd.,
being a portion of Happy Trails Trailer Park (Bruning and Englert) LUP 86-31
The City Attorney presented Ordinance 4333-87 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4333-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Moore and Kelly.
"Nays": None.
Item 037 - Ordinance 4337-87, Vacating a portion of a lake drainage and utility
easement lying over the S 25 ft. of lot 3A, Clearview Lake Estates a/k/a 1712
Sunset Point Rd. (Francik) V 86-24
The City Attorney presented Ordinance 4337-87 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4337-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes" :
Berfield, Regulski, Winner, Moore and Kelly.
"Nays":
None.
Item #38 - Ordinance 4338-87, Vacating the westerly 5 ft. of a 10 ft. utility
easement lying on the E side of lot 100, Ambleside 2nd Addn. a/k/a 1121 Macrae
Ave. (Schaefer) V 86-26
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The City Attorney presented Ordinance 4338-87 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4338-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Moore and Kelly.
"Nays":
None.
Item D39 - Orqinance 4348-87, Amending Sections 96.01,96.02 & 96.04, Code
of Ordinances prohibiting loud and raucous noise.
The City Attorney presented Ordinance 4348-87 for first reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4348-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes" :
Berfield, Regulski, Winner, Moore and Kelly.
"Nays":
None.
XIV - Beaolutions
Item 040 - Resolution 87-8, Urging the Florida State Legislature to pass a
Bottle Bill in order to reduce the littering and the costs of solid waste
disposal.
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(Book 39)
142.
2/19/87
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CITY COMMISSION SPECIAL MEETING
Pebruary 19, 1987
The City Commission of the City of Clearwater met at the City Hall,
Thursday, February 19, 1987, at 5:29 p.m., with the fOllowing members present:
Kathleen F. Kelly
Lee Regulski
Don Winner
R. Marvin Moore
Mayor-Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Absent:
James Berfield
Commissioner
Also present were:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
Cynthia E. Goudeau
Zala Forizs
City Manager
City Attorney
City Clerk
Outside Counsel
The Mayor called the meeting to order and the following item was discussed:
Mills Development vs. City - Lawsuit.
Mr.
However,
plaintiffs would
is far above the
offer.
Forizs stated there has been communication between the parties.
there has been no formal offer but there is an understanding that the
consider a total $2.6 million to settle the entire case. This
$7-800,000 which Mr. Forizs assumes the City is willing to
Commissioner Moore moved to continue with the appeal.
seconded.
The motion was duly
Discussion ensued regarding whether or not we should formally make an offer
to see if it would be accepted.
John Blakely, Attorney representing Mills Development, stated he was
authorized to settle for $2 million on count 3 and that he would like to see
counts 1 & 2 ruled on as he does not feel the City Commission knows all the
facts of the case.
Discussion ensued regarding if the City should place more sand on the
beach, would they be sued again when it washes away.
The motion and second were withdrawn.
144.