05/21/1987
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CITY COMMISSION MEETING
May 21, 1987
the
members
The City Commission
Ci ty Hall, Thursday,
present:
of the City of C1~arwater met
May 21, 1987, at 6:02 p.m.
in regular session at
with the following
Rita Garvey
James L. Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
Alan Zimmet
William C. Baker
Paula Harvey
Shirley A. Corum
City Manager
Assistant City Attorney
Public Works Director
Planning Director
Assistant City Clerk
The Mayor called the meeting to order and
The invocation was offered by William C. Baker,
led the Pledge of Allegiance.
Public Works Director.
-
In order to provide continuity for research, tbe items will be listed in
agenda order altbough not necessarily discussed in that order.
III
- Award Resolution for 1987 Water System Improvement Bonds.
(CM)
Bids
Thursday,
for
May
21st.
the water system improvement
The City"'s financial
bonds were opened at 2:30 p.m. on
advisor, together with the City
Manager and Finance Director, recommend approval of the bid to E.F. Hutton who
submitted the bid that was financially most advantageous to the City.
All bids were to include an amount for
insurance premium, if applicable. In addition,
(in approximate amounts) will be paid out of bond
underwriters
the following
proceeds:
discount and
closing cos ts
Financial Advisor (William R. Hough & Co.)
Bond Counsel (Livermore, Klein & Lott)
Rating Fee (Moody's & Standard & poors)
Printing (Bonds & Official Statement)
CPA (Required Parity Test Verification)
Advertising (Notice of Sale)
Contingency
$ 54,000
40,000
20,000
9,500
2,500
1,500
2,500
Approximate Total Closing Costs, Exclusive
of Underwriters Discount & Insurance Premium
$130,000
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Book 39
295
5/21/87
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Steven Poe, 0 William
received. Eleven bids
E.F. Hutton submit ed
Peabody submitting t e
awarded to E.F. Hutt
R. Hough and Co., stated the
were submitted, two were rejected
the bid most advantageous
second best bid. It was his
proposal was well
as nonconforming.
to the City with Kidder
recommendation the bid be
,
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Commissioner inner moved to pass and
sale of the $17,000,000 1987 Water and Sewer
authorize appropria e officials to execute
Upon roll call the ate was:
adopt Resolution
Revenue Bonds
Motion
87-24, awarding
to E.F. Hutton and
was duly seconded.
same.
"Ayes":
Be~field, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
IV - Introductions
ular Meetin
7, 1987.
v - Minutes of the
A correction
The item origina11
replacement vehicles.
the Water Division for a
purchased unde~ the terms
as made to
stated a total
The item
total
of the
Item 1138 of
of 32 vehicles
was corrected to
of 40 vehicles,
Master Agreement
the minutes prior
are to
include 8 new
32 of which will be lease/
with First Florida Bank.
to
be
the meeting.
purchased as
vehicles for
o
Commissioner
of May 7, 1987,
unanimously.
inner moved to approve the minutes
as corrected. Motion was duly
of the regular meeting
seconded and carried
VI - Presentations - None
VIr
- Oath of Off ce - Firefighters/EMT~s
Two Firefigh ers/EMT's were administered
Assistant City Cle k.
the Oath of Of fiee by
the
VIII
- Citizens
be Heard re Items Not on the
enda.
Bobby
100. The
requested somethin
Park as the music
City ban all
noise.
c sugges ted
nager
be done
is too
arks in
the City
informed him
about
build a fishing pier south
the property is privately
the speakers during concerts at Coachman
loud for nearby residents. He also requested
residential areas because of the fire hazards
of Pierce
owned.
He
the
and
@
Book 39
296
5/21/87
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IX - Public Hearings
Item 1/9 Vacation re ues t 87-03, Cit of Clearwater AILS' side Lot
Easements lying in a N S less any portion thereof lying in any E/W easements;
being portions of Lots 3-10, Blk D, less the E side of lot 6 and the W side of
lot 7; Lots 5-20, Blk E, less the W side of lot 5; Lots 5-20, Blk F; Blk G
less the E side of Lots 6&7; Blk H, less the E side of Lots 6&7; Blk J, less
the E side of Lot 6; together with all 5' rear lot easements in a N/S
direction in Lots 1&2, Blk D; Lots 3&4, Blk E; Lots 1-4, Blk F; all being
portions of Oak Hills Subdivision. (PW)
In the past 8 years the City has processed 5 vacation requests from
property owners whose homes were built over easements, or encroaching in
existing side lot easements. In an effort to eliminate this continuing
problem in this subdivision, the City staff is recommending that all of the
sine lot easements not currently being used be vacated.
The vacation request has been reviewed by
Divisions concerned and there are no objections.
other subdivisions with the same problem.
various City Departments/
The City will be reviewing
Florida Power, General Telephone and Vision Cable have no objections to
the vacation as proposed.
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Commissioner Berfield moved
direct the City Attorney to include
and carried unanimously.
to approve the
in an ordinance.
Vacation Request and to
Motion was duly seconded
Item #10 - Vacation request 87-04, Arguin - A 10 ft. Utility Easement in the
E'ly 10 ft. of the W'ly 35 ft. of Lot 43, Blk M, Brookhill Unit No.5 less the
S'ly 5 ft. (PW)
The subject easement was given to the City in
in addition to a 25 ft. easement dedicated by plat.
owner purchased the property in 1981 they were
encroaching into the easement. It was not until the
their property updated in 1986 that the easement was
1961. This easement was
When the current property
not aware of the home
applicant had a survey of
discovered.
This request has been reviewed by the various City Department/Divisions
concerned and there are no objections.
The three utility companies also have no objections to the vacation
request.
Commissioner Berfield moved to approve the
direct the City Attorney to include in an ordinance.
and carried unanimously.
Vacation Request and to
Motion was duly seconde~
Item #11 - Vacation Request 87-05,
ft. being a drainage and utility
Estates less the S'ly 7.5 ft. (PW)
ft.
1 ,
of the E'ly 10
Montclair Lake
DeLuca - the W'" ly 2.5
easement lying in Lot
CD
Book 39
5/21/87
297
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The original survey submitted with the applicants building plans
indicated a 7.5 ft. drainage and utility easement along the E side of the lot.
The home was set back 8.8 ft. from the property line. The Plat of Montclair
Lake Estates dedicated a 10 ft. easement not 7.5 ft. The City has a 6" water
main lying under the footing of the home.
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This request has been reviewed by the various City Departments/Divisions
concerned and there are no objections providing the property owner pays the
cost to relocate the 6" water line away from his building.
The three utility companies have no objections.
Commissioner Regulski moved to approve the Vacation Request subject to
the property owner paying the cost of relocating the 6" water line and direct
the City Attorney to include in an ordinance. Motion was duly seconded and
carried unanimously.
Item 1112 Petition for Annexation and RS-8 Zoning of a .56 acre parcel
located on the S side of S. Lagoon Circle appx. 550 ft. E of Belcher Rd.; Lot
106, 107, the W 60 ft. of the E 139.28 ft. of Lot 157 and the W 60 ft. of Lot
157, Clearwater Manor Sub., Sec. 6-29-16. (Delashaw/Selbmann/Sizemore/Foerste/
City) A 87-15 (PUD)
The parcel, which consists of four lots, was the subject of four
agreements to annex.
The property is now contiguous to city limits and is legally able to be
annexed. As provided for in the agreements, the City, after 60 day notice to
the property owner, is initiating the annexation.
All four parcels are developed with single family residences.
sewer is available to the lots.
City
A promissory note for $200 was signed for the recreation facility fee in
conjunction with the agreement to annex the W 60 ft. of the E 139.28 ft. of
Lot 157 (Sizemore).
Commissioner Berfield moved to approve the Annexation and RS-8 Zoning of
the subject property including the abutting right-of-way of S. Lagoon Circle
and direct the City At torney to include in an ordinance. Motion was duly
seconded and carried unanimously.
Item 1113 Petition for Annexation and RS-8 Zoning for a .2 acre parcel
located on the N side of Merrill Ave. appx. 250 ft. W of McMullen-Booth Rd.;
Lot 15, Blk. At Kapok Terrace Sub't See 9-29-16 (Bohl) A 87-16 (PUO)
A single family residence is proposed for the property.
available to the lot.
City water is
The City Manager informed the Commission the request and recommendation
are for RS-6 Zoning rather than RS-8.
Book 39
5/21/87
298
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The recreation facility fee has been paid.
Commissioner Regulski moved
and direct the City Attorney to
seconded and carried unanimously.
to approve
include in
the Annexation
an ordinance.
and RS-6 Zoning
Motion was duly
~: .
Item 1114 - Petition for Annexation, CN Zonin and a Land Use Plan Amendment
from Low Density Residential to Commercial Tourist Facilities for a .34 acre
parcel located on the E side of Douglas Ave. appx. 225 ft. S of Sunset Point
Rd.; Lots 8 & 9, Blk A, Harbor Vista Sub., Sec 3-29-15, (Dixon) A 87-17, LUP
87-10 (PUD)
The property is
offices and retail uses.
presently developed with a strip center containing
City water service is available to the site.
Commissioner Berfield moved to approve the Annexation,
Land Use Plan Amendment and direct the City Attorney to
ordinance. Motion was duly seconded and carried unanimously.
CN Zoning and
include in an
Item filS Petition for Annexation and RS-8 Zoning for
located at the SW corner of the intersection of Sandy Lane
Lot 33, Terra Alto Estates, Sec. 2-29-15 (Bengston) A 87-18
a .18 acre parcel
and Highland Ave.;
(pun)
A single family residence is proposed for the property.
sewer service is available to the lot.
City water and
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The recreation facility fee has been paid.
Commissioner Nunamaker moved to approve the Annexation and RS-8 Zoning
and direct the City Attorney to include in an ordinance. Motion was duly
seconded and carried unanimously.
Item 1116 Land Use Plan Amendment from Public/Semi-Public to Commercial/
Tourist Facilities and a Zoning Atlas Amendment from plsp to CN (Neighborhood
Commercial) for a 1.75 MOL acre parcel located on the E side of Clearwater-
Largo Rd. appx. 550 ft. S of Woodlawn St.; M&B 44-18, Sec 21-29-15. (Jones)
LUP 87-11, Z 87-6 (PUO)
Plans are to convert the existing motel into a congregate care facility.
A conditional use approval will be required.
The City Commission at its meeting of March 7, 1985 approved the Land
Use Plan amendment to Public/Semi-Public and zoning amendment to ISP
(Institutional/Semi-Public). A special exception to permit a congregate care
facility was granted by the Board of Adjus tment and Appeals on May 9, 1985
contingent upon finalization of the LUP and zoning amendments. The amendments
were finalized at second ordinance reading on June 6, 1985.
o
Book 39
299
5/21/87
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When the new Land Development Code went into effect on October 14, 1985,
congregate care facilities were no longer provided for as a conditional use in
the new P/SP zoning district. The original approval by the BAA of the special
exception has expired. In order for the subject property to be utilized as a
congregate care facility, the property must be rezoned.
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Commissioner Nunamaker
Atlas Amendments and direct
Hotion was duly seconded and
moved to approve the
the City Attorney to
carried unanimously.
Land Use Plan and Zoning
include in an ordinance.
Item 1117 Land Use Amendment from Low Oensit Residential to p/SP
(Public Semi-Public) Atlas Amendment from RPD-8 Residential
Planned Development) .15 acre parcel located on the N side of
the Pact Site and on of One Kapok Terrace Condominium, E of
McMullen-Booth Rd. and Amendment to the Master RPD-8 Site Plan for One Kapok
Terrace Condominium, A Portion of M&B 42.01, Sec 9-29-16 (LUP & Zoning) One
Kapok Terrace, Phases I IV and a portion of M&B 24.01, Sec 9-29-16 (site
plan) (One Kapok Terrace Ltd.) LUP 87-12, Z 87-7, PSP 81-49 (POD)
i.
The applicant requested this item be continued to the next meeting.
Commissioner Nunamaker moved to continue this Item to the meeting of
June 4, 1987. Hot~on was duly seconded and carried unanimously.
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Item #18 - Second Reading, Ordinance 4378-87 - Vacating the W 1/2 of Madison
Ave. Right-of-way, running N & S off N. Pine St. and between the N line of Blk
BI and the S line of Blk B3, Maryland Sub. (Loken - PH 3/19/87) #87-1
The Assistant City Attorney presented Ordinance 4378-87 for second
reading and read it by title only. Commissioner Regulski moved to pass and
adopt Ordinance 4378-87 on second and final reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes " :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item 1119
running E
City Sub.
Second Reading, Ordinance 4379-87
& W between Bay St. & Meadow Lark Lane
(Sutherin - PH 3/19/87 - #87-2)
Vacating a Certain Alley
and lying in Blk 3, Bay View
The Assistant City Attorney presented Ordinance 4379-87 for second
reading and read it by title only. Commissioner Winner moved to pass and
adopt Ordinance 4379-87 on second and final reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
.
Book 39
300
5/21/87
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Item #20 Second
granted franchise to
communications system.
Reading, Ordinance
Vision
Cable~
4392-87
to delete
Amending
requirement
Ord. 2084 which
for securi ty
The Assistant
reading and read it by title
adopt Ordinance 4392-87
seconded. Upon roll call
City
Attorney presented Ordinance 4392-87
only. Commissioner Regulski moved to
second and final reading. Motion
vote was:
for second
pass and
was duly
on
the
"Ayes":
Berfie1d, Regulski, Winner, Nunamaker and Garvey.
,c.
"Nays":
None.
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CITY MANAGER REPORTS
x - Consent Agenda - Approved as submitted less Item 23.
Advisory Board Notlflca~ions - Received.
Item (/21
Marine Advisory Board (2 members) (CLK)
Item #22 - Airport Authority (2 members) (CLK)
Agreeaents
Approved.
o
Item #23 - See page ~
Bids & Contracts - Approved.
Item (/24 Clearwater Police
Bankston Const. Co. for
communications center.
$321,900.00
Department 2nd
(PD)
for
Floor Addi tion,
the new 800
Bid 1f8654
mHz radio
Item #25
Excavating, Inc., C1wtr.
sidewalk increasing
Crest
Lake Park
for
the width
Sidewalk Replacement
$64,125.00 (PW) for
from 5-6 ft. and for
Contract (87-18) Suncoast
replacement of all the old
some additional sidewalk.
Item 1126 Maintenance Dredging Clearwater Marina (87-24)
Const. for $27,850.00 (PW)
Harbor Marine
Item 1/27
Myers, for $19,962.00
1/20 and 1/45; 1
Prefabricated Concrete
Buildin s (3)- Concrete Systems,
PW); 2 buildings to house equipment for
building to house equipment for reservoir #3.
Inc. ~ Fort
lift stations
Item
Inc.
and
(128 Installation of 2"
, Clwtr. for an estimated
2,251 ft. of 211 service
pressure tests, sod or asphalt replacement~
supply gas-related materials; job locations
Seminole Place, 3) Largo Public Works Dept.
Gas Main Services
$39,950.00 (UT);
line, all tracer
and
are
Gulfcoast
for 5 ~OOO ft.
wire,
Utility Const.,
of 211 gas main
jack and bores, air
cleanup work. The City
1) Largo Middle School,
to
2)
.
Book 39
301
5/21/87
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Citizen & Staff Requests - Approved.
Item #29 - Additional Seasonal Maintenance Workers (2) in the Utilities Dept./
Water Division for the Summer of 1987 to assist with fire hydrant maintenance.
$7,450.00 including materials. (UT}
Item #30
participation
Rehabilitation
Rental
in the
Program
Rehabilitation Program
U.S. Dept. of Housing and
for 1987-88. (PUD)
City's application for
Urban Development Rental
Item #31 - Supplementar Police Pension
Horton for a period of two years.
ointment of Trustee (1) - William
Item #32 - Clerical Support for State Attorney Investigations - Authorize the
addition of one additional clerk-typist I position in the police department to
provide clerical support for State Attorney investigations, $5,039.04 (PD)
Plans & P1ats - Approved.
o
Item 1133 - Revalidation of Approval of RPD Final Master Site Plan for Bryn
Mawr Condominium located at the NE corner of S.R. 580 and Countryside Blvd.;
Tract 22 Countryside, See 29-28-16, (FDIC) PSP 80-9 (pun) with the condition:
The requisite initial building permit(s) for the remainder of the development
shall be procured no later than December 18, 1987 and all certificates of
occupancy shall be procured within two (2) years from the date of issuance of
the initial building permit.
Item #34 - Preliminary Subdivision Plat, First National Bank of Clearwater at
Enterprise located S of Enterprise Rd. and E of Landmark Dr.; a portion of the
NW 1/4 of the NW 1/4 of Sec. 33-28-16 (PUn) (The First National Bank of
Clearwater) SUB 87-7 subject to the following conditions: 1) Approval of this
preliminary plat doeI:' not con,,,titute approval of the site development plan
which is superimposed on the plat and 2) Drainage retention shall be subject
to approval of the City Engineer.
Item #35 - Revised Preliminar Site Plan, Life Savin s & Loan Addition located
on the E side of U.S. 19, N of Drew St.; a portion of the SW 1 4 of the SW 1/4
of Sec. 8-29-16 (Life Savings and Loan) PSP 87-9 (PUD) subject to the
following conditions: 1) Front yard open space shall be expressed in sq. ft.
and as a percentage of land area; 2) Parking spaces along the S property line
having a length less than the minimum requirement of 19 ft. must receive the
approval of the Traffic Engineer in order to be permitted as substandard.
Substandard access aisle widths also require approval of the Traffic Engineer;
3) Five (5) handicapped parking spaces are required; 4) Required parking lot
interior landscaping shall be depicted on the final plan and calculations
showing the amount of such landscaping shall be provided; 5) A 40 ft. drainage
and utility easement will be required along u.S. 19, such easement to contain
no required parking; 6) The distance separating the SE'ly-most parking space
and the S property line shall be indicated on the final plan and 7)
Verification shall be provided to staff regarding the use of nonleasable floor
areas.
<0
Book 39
302
5/21/87
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Item #36 - Preliminary Site Plan, General Telephone Countryside Central Office
Second Floor Addn., located on the N side of Main St.. W. of Soule Rd.
(General Telephone Co. of Florida) PSP 87-17 (PUD) subject to the following
conditions: 1) The periphery of the 2nd floor addn. shall be delineated on the
final plan. In the event the addition encroaches into the required setback
from Main St., approval of the variance shall be a prerequisite to submission
of the final site plan; 2) Based upon information indicated on the
application, staff assumes the addition to be for use as a substation, not an
office. In the event this is incorrect, the parking requirements shall be
adjusted accordingly; 3) Parking lot redesign shall be subject to approval of
the Traffic Engineer, in particular, space #6 requires a backing space of 24'
instead of 15'; 4) The zoning shall be correctly labeled as p/SP, not R/SR and
surrounding zoning shall be identified on the site plan and 5) Front yard open
space calculations shall be shown on the plan.
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Receipt & Referral - Received and referred to proper departments.
Item #37 - Petition for Annexation and IL (Limited Industrial) Zoning for a
9.38 acre parcel located on the E side of Hercules Ave. immediately N of and
adjacent to the Southern Coast Line Railroad; M&B's 43.01, 43.03 and 12.03,
Sees. land 12-29-15 (City) A 87-21 (PUD)
o
Item #38 - Petition for Annexation and RS-4(Single Family Residential) Zoning
for a 3.0 acre parcel generally located S of Curlew Rd, W of Countryside Blvd.
and particularly 300 ft. E of 66th St. Nand 400 ft. S of 297th Ave.; M&B
33-04, See 17-28-16, (Sempecos) A 87-22 (POD)
Item 1139 - Petition for Annexation P/SP (Public/Semi-Public) Zonin and a
Land Use Plan Amendment from Low Density Residential to P SP for a 15.78 acre
MOL parcel located on the E side of Belcher Rd. appK. 325 ft. N of Range Rd.;
Part of M&B 22-01, NW 1/4 Sec. 7-29-16, (City) A 87-5, LUP 87-3 (pun)
City Attorney
Deeds and Easements - Approved.
Item 1140 - Ten ft.
lines and meters;
Partnership)
Above Ground Easement for surface and air use for water
part of Sec. 18-29-16 (Equitel, A Florida General
Item #41 - Ten ft. Natural Gas Main Easement & an In~ress and Egress Easement
for service and utility vehicles commencing at the NW corner of the NE 1/4 of
Sec. 3-30-15. (Seminole Place Assoc., Ltd., A Georgia Limited Partnership)
Item #42 - A Drainage & Maintenance Easement over, under and across a portion
of the SW 1/4 of Sec. 4-29-16; the SE corner of Tract B, SaIl's Lake Park-Unit
B. (SPCA of Clearwater, Inc.)
less
duly
Commissioner Winner moved to approve the consent agenda as
Item #23 and authorize appropriate officials to execute same.
seconded and carried unanimously.
submitted
Mot1011 was
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Book 39
303
5/21/87
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Item #23 - A rove Contract to a) Sell and b) Purchase Pro ert - a) Parking
lot No. 6 less approx. 350 sq. ft. and b approx. 2800 sq. ft. on NE corner of
Pierce St & S. Ft. Harrison (CM)
The City Manager stated the property was declared surplus and approved
for sale on May 7, 1987. Parcel "A" has an appraised value of $49,000 and
Parcel "B", an appraised value of $129,412.50. He informed the Commission
that the City Attorney has proposed an addendum to the contract because the
building may not be vacant at the time of closing. The amendment allows the
seller to lease the property for no more than 18 months and provides for the
removal of the existing structures at the seller's expense. It also provides
for him to maintain the necessary insurances to protect against loss.
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Harry Klein, Attorney, representing Mr. Thompson, stated they have no
problem with the City Attorney's proposed addendum. When questioned whether
the continuance of this Item would be a problem, he stated they have a major
economic commitment due on June 1st and it is necessary to close prior to that
date. There is one tenant in the building who has exercised his option to
extend his lease one year from July. Unless he is able to convince this
tenant to vacate earlier, the building cannot be razed until the expiration of
this lease.
After discussion regarding the proposed addendum, the City Manager
stated the it had been requested by the City's attorney and was to the City's
benefit.
Commissioner Nunamaker moved to approve Item #23 with the addition of
Paragraph 4 to the addendum to the contract as follows: 4. Unless the seller
delivers possession of the lands to the buyer at the time of closing, the
parties shall execute a lease agreement at the time of closing whereby the
seller shall lease the lands from the buyer for a term not to exceed 18
months from the date of closing. The lease agreement shall provide, among
other things, that the removal of the existing buildings or structures at
seller's cost and expense shall constitute sufficient consideration for the
lease; that the seller shall maintain throughout the term of the lease
adequate insurance policies against personal injury and property damage
liability, and fire and casualty losses; the seller shall indemnify and hold
harmless the buyer against all claims, damages and losses of any kind
whatsoever arising during the term of the lease, except for claims, damages
and losses resulting from the negligence of the buyer; and such other terms
and conditions as may be agreed to by the parties; providing, however, that
the unreasonable refusal of either party to agree to the terms and conditions
of a lease agreement prior to or at the time of closing shall constitute an
act of default by such party and that the appropriate officials be authorized
to execute same. Motion was duly seconded and carried unanimously.
XI Other Items on City Manager Reports
Item 1/43 - Preliminary Site Plan, Clearwater Vehicle Maintenance Facility -
M&B's 12-03, 43-01 and 43-03, Sees. 1 & 12-29-15; located between Hercules
Ave. and Sunshine Dr., N of the Seaboard Coastline RR (City) (PUD) PSP 87-15
Book 39
304
5/21/87
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This 9.56 acre
planned Indu6trial.
The property is now
Limited Industrial.
site is presently zoned M-1
The property is the subj ect of
eligible to be annexed. The
in Pinellas Co. and is
two agreements to annex.
requested city zoning is
The property is proposed to be
facility for the city. The building
84,000 sq. ft. of land area. Access to
to Hercules Ave. and three locations to
developed with a vehicle maintenance
footprints will occupy approKimately
the site is proposed at two locations
Sunshine Dr.
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The Planning Director stated the plan has been discussed with
Traffic Engineer and the parking lot has been designed to allow access
the private drive and from Hercules Ave. They are trying to eliminate as
drives as possible and will work with the Traffic Engineer.
the
from
many
o
Commissioner Winner moved to review the preliminary site plan and
authorize review and final action by the Development Review Committee subject
to the following: 1) Designate zoning classifications on adjoining properties;
2) Construction of fences and walls shall be subject to separate review and
permitting, the heights of which shown on the plan shall conform to city
standards; 3) Driveways and parking spaces shall be offset a minimum of three
feet from property lines; 4) Front yard open space shall be identified on the
plan; 5) Interior landscape areas of the parking lot shall be designated on
the plan; 6) Parking spaces required shall be stated in relation to the
applicable formula; 7) Designate handicapped parking spaces and loading spaces
on the plan; 8) Driveway accesses subject to approval by the Traffic Engineer;
9) Truck parking spaces, angular parking and driveway widths be coordinated
with the Traffic Engineer; 10) The site plan be certified only upon annexation
of the property into the City and that the appropriate officials be authorized
to execute same. Motion was duly seconded and carried unanimously.
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Item 1144 - Preliminary Site Plan, Morton Plant Hospital Campus - "Bluff View",
part of lot 16, lots 17-26 and part of lot 27; W of "Bluff View Court", part
of lots 25, 26, 27, lots 28-36 and 10 ft. to the left of these lots; "Bluff
View Court", lots 9-14, part of lots 16 [. 18; "Westover", lots 12-14 of B,
W.N. Barnes 4-76, and lots 1-22 of A; RepIat of "Supple Manor", lots 1-4,
vacated row of Watkins Rd. and Sheridan Ave.; "Magnolia Park", Sec. 33, lots
3, 4, & 6-8, M&Bs 3, 4, 4-1, 5, 9, 11, 12, 12-1, 13-18, 60-3, 62, 76; located
S of Jeffords St., W of S. Ft. Harrison Ave., E of Druid Rd. and N of Belleair
Rd. (Morton Plant Hosp.) (PUD) PSP 87-16
The Morton Plant Hospital Campus present ly encompasses 20.5 acres in
Clearwater and Belleair. The bulk of the campus is located in Clearwater and
is planned and zoned Public/Semi-Public; however, some of the properties which
are adjacent on the periphery of the main campus are zoned Limited Office and
classified Residential/Office on the Land Use Plan.
.
Book 39
305
5/21/87
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Phase 1 existing campus Phase 6 ancillary addition
Phase 2 women's center Phase 7 relocation of power plant
Phase 3 psychiatric unit and laundry
Phase 4 horizontal expansion to Phase 8 parking facilities
Lyke's Phase 9 nursing home facility
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It is the desire of both planning officials and hospital representatives
to comprehensively plan for future development. The plans display a 9 phase
long-range building plan for the hospital as follows:
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Site plans for Phases 1-5 are being submitted at this time. Given the
extent of future building activity proposed in the initial five phases,
hospital representatives request a five year period be established to procure
requisite building permits.
.\
All building proposed in t~e initial five phases will occur in proximity
to the Lyke's Cancer Center at the NW intersection by Bay Ave. and Pinellas
St. The floor areas proposed are: 47,000 sq. ft. for the women's center,
75,000 sq. ft. for the psychiatry unit, 4,000 sq. ft. for the horizontal
Lyke's expansion and 15,000 sq. ft. for the vertical Lyke's expansion.
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Emil Marquardt, Attorney representing the applicant, stated he met with
John Richter several weeks ago and the site plan before the Commission was an
attempt to estimate what will be on campus. Some variances will be required.
They have acquired additional land which will provide 400 plus parking spaces
to be used for employee parking. A shuttle will bring the employees to the
hospital alleviating some of the congestion. They determined a parking garage
will be too expensive.
The City Manager informed him that three of the four present employee
parking lots are unpaved and have no permits, and the commercial lot in front
of the hospital has no commercial permit.
Commissioner Regulski moved to review the preliminary site plan,
authorize review of and recommendation on a final site plan by the Development
Review Committee, and reserve action on the final site plan for the City
Commission subject to the following conditions: 1) Parking calculations shall
reflect parking spaces being displaced for the women's center addition; 2) All
requisite variances (e.g. setback and building separations) must receive city
approval prior to submission of a final site plan; 3) Height of all proposed
additions shall be expressed in feet; 4) The applicant shall map the location
of the available parking spaces, both existing and proposed; 5) Future
property acquisitions and contractions not now shown on the site plan shall
necessitate revision to the certified plans; 6) Approval of these plans shall
not relieve the hospital from meeting the Code requirements applicable to
individual parcels at the time such parcels are developed; 7) Updated employee
and bed counts shall be submitted to the city in conjunction with all future
requests for building permits for the purpose of ascertaining conformance with
parking requirements; 8) The final site plan shall include all information
contained in Section 137.0l0(j) and that the appropriate officials be
authorized to execute same. Hotion was duly seconded and carried unanimously.
.
Book 39
306
5/21/87
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Item #45 - Zonin Atlas Amendment from RM-l2 and RS-8 to RPD-lO and AL/I and
Review of Preliminary Master Site Subdivision Plat of Bayl1fe"'s Landing to
Include a Transfer of Development Rights for a 12.1 acre parcel located at the
51': corner of the intersection of Airport Dr. and the proposed Keene Rd.
extension. (Skycrest Baptist Church) Z 87-9, PSP 87-14, SUB 87-6 (CK)
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The parcel is presently zoned RS-8 for the eastern portion of the
property and RM-l2 for the western portion and is planned Low Density
Residential and Medium Density Residential respectively. The site is
requested to be rezoned to Aquatic Lands/Interior over the fresh water natural
area and Residential Planned Development with a maximum density of 10 units
per net ~cre for the remainder of the site.
Trish Muscarella, Attorney representing the applicant, stated there are
site constraints and there has been no density transfer from the aquatic
lands. If the zoning density is reversed, there will be no transitional zone.
Under RS-8 zoning, which allows 50 foot lots, 19.8 lots could exist; their
plan proposes 20 lots.
The Public Works Director informed the Commission Keene Rd. will be
extended, but he knows of no other changes at this time.
fhe City Manager pointed out Keene Rd. is not on the five year plan but
the City does own some property for right-of-way.
The property is proposed to be subdivided into 80 townhouse lots served
by a private street system. Areas outside of the platted lots will be
designated as a common area/easement. Wi thin the common area, a recreation
building and pool are proposed.
The Planning Director stated the property came before the Commission in
September, 1984. The church wanted to sell the property and requested it be
rezoned to RM-12 and a portion of it to A/L. The Planning and Zoning Board
recommended it be zoned RPD. There was opposition to the RM-12 zoning, so it
reverted to RS-SO and RM-12. She feels the intent of the Commission was to
have less intense development on the east side of the property. She
questioned whether the proposed layout, which reverses the density, meets the
Commission"'s intent.
Preliminary staff review has noted several deficiencies of the site
design and request for transfer of development rights that warrant, in the
opinion of staff, a new design which considers specific code requirements and
more accurately reflects the Land Use Plan classifications existing on the
property.
The density proposed on the eastern portion of the site classified as
Low Density Residential is 11.47 units per gross acre. The density proposed
on the western portion of the site classified as Medium Density Residential is
6.07 units per gross acre.
Book 39
307
5/21/87
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The following items are noted as deficiencies of the site plan and plat
which should be addressed with a revised submission: 1) Walls are subject to
a separate review and permitting; 2) All setbacks must be identified on the
plan and identified as minimum, rather than typical; 3) Each lot must contain
within the lot 2 parking spaces with individual driveways being a minimum of 9
ft. wide and 19 ft. long. No garage may be converted to habitable floor area;
4) The street system must be designed to meet City standards including width,
radius and provision of sidewalks; 5) Individual lots must be platted to the
center of the street. The Plat should be submitted as a separate document;
6) Density calculations must be reflective of the requirements for calculation
of net density which deletes aquatic lands and all private roadways to
determine net acreage and 7) Association documents must be submitted that
assure that the maintenance of common areas will not become the responsibility
of the City.
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One resident of the adjoining single family subdivision expressed
concerns regarding the density of development of the property.
Commissioner Regulski moved to continue this Item to the meeting of June
4, 1987 to allow time for communication between the homeowners and the
developers. Motion was duly seconded and carried unanimously.
Item #46 - Greenwood Gardens Learning Center - Purchase of Van; Authorization
of Transfer of $8,000 from CDBG funds for purchase of IS-passenger van to be
matched with private funds. (PD)
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The Clearwater Police Dept. has been awarded a private grant from the
Presbyterian Church, National Committee on the Self-Development of People in
the total amount of $12,282.87. The grant was approved for funding to
establish the Greenwood Gardens Neighborhood Learning Center.
The private grant requires that the City provide a cash match in the
amount of $8,000 to be applied towards the purchase of a van that is essential
to the success of this and other community based police programs.
The required IS-passenger van will be used for the transportation of
minority youth in the Greenwood and Condon Gardens areas to and from the
Greenwood Ave. police substation to enable them to participate after normal
school hours in the Greenwood Gardens Neighborhood Learning Center program.
The van will also be used in transportation of minority youth participating in
the summer employment program starting in the month of June which is being
sponsored by the Professional Employment and Training Services! Inc. (PETS).
the Clearwater Housing Authority (Condon Gardens) and the Clearwater Police
Department. Additionally, the van will be utilized for field trips by Boy
Scout Troop(s) operating out of the Greenwood Ave. and Condon Gardens sub-
stations.
The City Manager stated the project is a learning experience involving
computers and asked for volunteers to help with the project.
.
Book 39
308
5/21/87
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Commissioner Berfield
establishing this program.
recognized
the
organizations
involved
in
'.
Commissioner Berfield moved to authorize the transfer of
Community Development Block Grant funds for the purchase of a
.
van, to be matched with private funds and that the appropriate
authorized to execute same. Motion was duly seconded and carried
$8,000 from
IS-passenger
of fic1als be
unanimously.
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Item II 47 First Reading, Ordinance 4403-87 - Amending sections 42.20 and
42.30, Code of Ordinances, to provide for the publication of notices inviting
bids in newspapers of general circulation within the City, rather than
newspapers of general circulation which are printed and published within the
City. (CS)
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Sections 42.20 and 42.30 presently restrict the printing and publishing
of Bid Notices to newspapers within the City. This amendment will allow the
Purchasing Division to advertise Bid Notices in publications which are printed
and published outside the City. The publication presently utilized is printed
and published in St. Petersburg and circulated countywide.
The Assistant City Attorney presented Ordinance 4403-87 for
reading and read it by title only. Commissioner Regulski moved to
Ordinance 4403-87 on first reading. Motion was duly seconded. Upon roll
the vote was:
first
pass
call
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"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #48 Blue Lightning Strike Force
Understanding between the U.S. Customs
Department. (PD)
u.S. Customs
Service and the
Memorandum of
Clearwater Police
The Blue Lightning Strike Force is a U.S. Customs coordinated multi-
agency drug interdiction team that combines the marine and air enforcement
resources of federal, state, county and local law enforcement agencies,
including Customs and the Coast Guard. Currently in place on the East coast
of Florida, it is being expanded to cover the State's entire West coast.
The Clearwater Police Dept. has been invited to participate
requires approval by the Commission of the Memorandum of Understanding
provides for designation of C.P.D. officers as Customs officers.
which
which
One of the Commissioners questioned whether the officers involved would
be dressed as Customs Officers and was informed by the City Manager they would
be dressed in plain clothes or as City Police Officers.
Commissioner Regulski moved to approve the Memorandum of Understanding
between the U.S. Customs Service and the Clearwater Police Department and that
the appropriate officials be authorized to execute same. Motion was duly
seconded and carried unanimously.
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Book 39
309
5/21/87
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Item #49 Resolution 87-25 Authorizin the execution of
DOT Clearwater Participation Agreement for an Airport Master Plan
Joint
CM
State
The preparation of an Airport Master Plan is necessary to establish the
operating capacities and limitationst facility requirements, noise contours,
optimum land utilization and economic development, and financial projections
attendant to the necessary repair, rehabilitation, and upgrade of Clearwater
Executive Airpark. A Master Plan is also an essential first step in securing
State assistance in financing those necessary improvements at the airpark that
are fundamental to the safet efficient, and economically sound operation of
the Airpark.
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The City expressed its intent to develop an Airport Master Plan for
Clearwater Executive Airpark in a December 22t 1986 letter to both the FAA and
the FOOT. A December 29th response from FDOT expressed State willingness to
participate in a Master Plan effort. Following discussions with the FAA and
the FDOT on January 21t 1987, a letter was sent on January 28th inquiring as
to the possibility of FAA funding support for the Master Plan effort while
outlining the necessary local restrictions that the City must place on
operations at the Airpark. With no response forthcoming to the January 28th
letter to FAA, a letter was sent April 1st to the FDOT asking for their
assistance in securing financial aid for what is expected to be a $60,000
planning effort by a consultant. In response, the FOOT issued an April 14th
Letter of No Prejudice indicating their intent to commit up to $30,000 toward
the cost of a Master Plan contingent upon the execution of a Joint
Participation Agreement (JPA) with the State.
o
The draft agreement commits the City to 1) a firmt time-phased budget of
expenditures; 2) full, detailed project accounting records and controls; 3)
compliance with Consultants'" Competitive Negotiation Act; 4) adherence to
Minority Business Enterprise (MBE) and Civil Rights policies; and 5) full
disclosure and coordination with FDOT point-of-contact (POC) in the consultant
selection process and all other material matters affecting the Master Plan
process. Acceptance of the State 50% funding for the Master Plan through the
JPA will not mean any loss of operational control or assertion of State
control over the Airpark. Such State control is not provided for in the
agreemen t.
The local share of the Master Plan effort will be charged to the Airpark
Enterprise Fund to be recovered from fund revenues.
In
$60,000
Manager
figure.
answer to questions from several Commissioners regarding
cost was arrived at and who would control the airport,
responded the figure was based on recommendations and it is
The airport would remain under City control.
how the
the City
a maximum
Commissioner Winner stated it is important to go ahead if the City wants
State funding.
<0
Commissioner Berfield
and questioned what benefit
facility.
stated he was not in favor of spending the money
the City would get from expending money at this
Book 39
310
5/21/87
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Commissioner Regulski moved to pass and adopt Resolution 87-25,
Authorizing the JPA with the Florida DOT to develop an Airport Master Plan for
the Clearwater Executive Airpark on a 50/50 cost-sharing basis at a total not
to exceed $60,000. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Regulski, Winner, Nunamaker and Garvey.
"Nays":
Berfield.
Motion carried.
Item #50 - License Agreement, The Woman's Club of Clearwater, Inc. (CK)
J
'1
The City-owned property has been the subject of various types of
agreements between the City and the Woman's Club since August 17, 1932.
In April 1984, at the end of a ten-year lease, this matter was brought
to the City Commission with a recommendation to approve a one-year license
agreement. The recommendation was based on an Attorney General"s opinion
which related to the use of public funds for public purpose. The key to this
opinion 1s that any use of public funds is for the primary benefit of the
public. If the benefit received by the public is so minimal as to be only an
incidental benefit, then the funds should not be provided to the entity or
agency. At that time, a letter was written to the president of the Woman"s
Club explaining the rationale used in recommending a one-year license
agreement. Quarterly reports received from the Club do not indicate any
change in the usage of this public property.
'.
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This proposed license agreement deletes the E 144 ft. of parking lot
which has been a part of previous agreements. This action was taken after
discussion with the president of the Woman's Club in order to allow the area
to be used as overflow parking for Woman"s Club of Clearwater, Alcoholic"s
Anonymous, Little Theatre members, and guests of these organizations.
Mrs. Gilgannon responded to a letter from Betty Haeseker stating 81% of
the members are Clearwater residents, they use the building approximately 200
days per year, they have a building fund, and last year they donated 11,000
service hours to various organizations which she named. They have had the
Bridge Club use the facilities several times, but cannot give them a sublease
because of insurance problems. She feels they are justified in asking for a
long-term lease since they have been using the facility for many years and
have implemented many improvements.
The City Manager stated letters requesting information were sent to the
Woman"'s Club and no reply was received. In response, Mrs. Gilgannon stated
she sent a report to Mr. Hensley every three months. Various committees of
the organization meet on Mondays, Wednesdays and Fridays, the building is kept
clean and meetings are open to the public and announced in the paper. Since
there is only one toilet in the building this creates somewhat of a problem
for a large group using the facility.
.
Book 39
311
5/21/87
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The Mayor pointed out the building is on public land and should be open
for use by other organizations. She felt if the Woman's Club wished to have a
stipulation of no smoking or drinking in the building, this would not be a
problem. She also felt there would be no problem with charging other groups
for the use of the building and it would not be necessary to allow them to use
the china and silver which belong to the Woman's Club.
Commissioner Regulski questioned whether they would object to the City
announcing the building's availability to the public.
Two members of the Woman's Club spoke stating the building has been used
by other organizations and the parking lot is currently being used by patrons
of the Little Theatre and other nearby organizations. They stated letters
from the City were always answered and the requested information sent. They
questioned whether they could refuse to allow an organization to rent the
building again should they not take care of it.
Discussion ensued regarding the solution to the problem. Because of the
Attorney General's opinion, the City feels other organizations must be aware
the building is available for use by others. It was the consensus of the
Commission they stay with the one year license but add a provision to allow
automatic renewal u'p to five years if the City feels the property is being
used as required by law.
o
In response to a question as to whether the City would sell the land,
the City Manager responded the City is not interested in selling as it may
need the property some time in the future.
Commissioner Winner moved to approve the license agreement with the
Woman's Club of Clearwater, Inc. with the condition that Paragraph 9 of the
agreement be amended to read: "Licensee understands that the license, right
and privilege granted herein is for a term on one year beginning on the 1st
day of July, 1987 and ending on the 30th day of June, 1988, and is renewable
each year thereafter for four years, subject to a 90-day review and notice
prior to the expiration date as to compliance with the terms of the license.
Any use of the premises by the Licensee during any other period shall require
a separate and additional agreement. Motion was duly seconded and carried
unanimously.
The Commission recessed from 8:20 - 8:32 P.M.
Item #51 - Marine Science Center Guarantee Request
The City Manager stated the request had been withdrawn by the Marine
Science Center.
Commissioner Winner moved to accept withdrawal of the request.
was duly seconded and carried unanimously.
Motion
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Book 39
312
5/21/87
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XII - Other Pending Matters
Item #52 - Briar Creek Mobile Home Park Damage - Authorize Gallagher Bassett
Insurance Services to negotiate a final settlement with Francis & Dorothy
Bougard in an amount not to exceed $50,000. (eM)
On March 31, 1987, the spillway on the detention pond at Briar Creek
failed. This failure caused an excessive amount of water to be released
downstream, resulting in approximately $75,000 damage to private property.
Fifteen damage claims were filed, the largest being that of Francis and
Dorothy Bougard. The Bougards' mobile home sustained major structural damage.
City staff and the City's claims adjuste~ examined the mobile home, and
determined that it was beyond economical repair, having no salvage value to
the City.
They recommend that the City's Insurance Servicing Agent be authorized
to negotiate a final settlement with the Bougards to include mobile home
replacement ($38,000 w/trade-in); personal property storage and replacement
($4,000); temporary lodging expense ($3,000) and other ($2,000). These costs
are estimates derived from comparable claims and competitive estimates.
The City Manager stated the individuals of the mobile home park have
been very cooperative and the reconstruction of the spillway has begun.
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Commissioner Regulski moved to authorize Gallagher Bassett Insurance
Services to negotiate a final settlement of Claim No. 00149-004179-GD-02 with
Francis and Dorothy Bougard for property damage, resulting from failure of the
Briar Creek Detention Pond Spillway, in an amount not to exceed $50,000.
Motion was duly seconded and carried unanimously.
!III - Verbal Reports
The City Manager reported the Metropolitan Planning Organization will
send the Commission a report on the guideway transit system and would like to
make a presentation at the work session of June 1st.
It was
July 13th at
budget.
the
5
consensus
p.m. with
of
the
the Commission to set
Downtown Development
a tentative meeting on
Board regarding the CRA
It was the consensus of the Commission to hold the regular meeting
scheduled for July 2, 1987.
The Goals and Objectives meeting is scheduled
Budget work session is scheduled from 9 a.m. to
discuss the budget before Trim adoption.
for July 6 from 1-5 p.m.
12 p.m. that morning to
Commissioner Nunamaker stated he would be out of town on June 8th and
asked Commissioner Berfield to attend the Tampa Bay Regional Planning Council
meeting on that date.
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Book 39
313
5/21/87
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The
are being
Parks and
sponsored by
Recreation.
City Manager announced the Florida Sunshine
the Pinellas Suncoas t. Pamphlets
State Games>> July 8-19,
are available from
CITY ATTORNEY REPORTS
XIV - F~rst Read~ng Ordinances
Item #53 - Ordinance 4389-87 - Rezoning
19, appx. 450 ft. N of Drew St. from CPD
Sec. 7-29-16. (Rothman - PH 3/19/87)
property located on the W side of U.S.
to ALII being part of M&B 44-01,
Z 87-1
The City Assistant
reading and read it by
Ordinance 4389-87 on first
the vote was:
Attorney
title
reading.
Ordinance 4389-87 for
only. Commissioner Winner moved to
Motion was duly seconded. Upon roll
presented
first
pass
call
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item 1/54
McMullen Booth Rd.,
& Briar Creek Blvd.
PH 3/19/87) Z 87-3
Ordinance 4390-87
a x. 300
from RS-2
Rezoning
ft. N of
to P SP
property located on the toJ' side of
the intersection of McMullen Booth Rd.
M&B 22-07>> Sec. 21-28-16 (McCutcheon -
Occ
CC
The Assistant City
reading and read it by
Ordinance 4390-87 on first
the vote was:
Attorney
title
reading.
presented
first
pass
call
"Ayes" :
Berfield, Regulski, Winner>> Nunamaker and Garvey.
"Nays":
None.
Item (/55
Designation from RS-2
Booth Rd., appx. 300 ft.
Creek Blvd.; M&B 22-07>>
Ordinance 4391-87
to p/SP for
N of the intersection of
Sec. 21-28-16 (McCutcheon)
Amending Ord.
property located
2019 to change Land Use
on the W side of McMullen
McMullen Booth Rd. & Briar
LUP 87-4
The Assistant
reading and read
Ordinance 4391-87
the vote was:
City
it by
on first
Attorney presented
title only.
reading. Motion was
Ordinance 4391-87 for
Commissioner Winner moved to
duly seconded. Upon roll
first
pass
call
"Ayes":
Berfield>> Regu1ski, Winner, Nunamaker and Garvey.
"Nays":
None.
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Book 39
314
5/21/87
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0 Item 1156 Ordinance 4393-87 located W of El orado Ave.
E of the Coastal Construction Control 250 ft. N of sland Dr. &
continuin N a 1900 ft. from RS-8 Parcell) and to S-4 (Parcel
2) j part of Sees. 32-28-15 and respectively. (Multipl City PH
215/87) Z 86-22
The Assistant
reading and read
Ordinance 4393-87
the vote was:
City
it by
on first
"Ayes":
Ordinance 4393-87
Commissioner Winner
seconded.
Attorney presented
title only.
reading. Motion was duly
for
d to
roll
Berfield) Regulski) Winner)
"Nays":
None.
first
pass
call
Item (lS7 Ordinance 4394-87 Amendin Ord. 2019 to Chan e Land Use
Designation from OS R to Low Density Residential for property 10 ated W of
Eldorado Ave, E of the Coas tal Construction Control Line, appx. 25 ft N. of
Island Dr. & continuing N appx. 1900 ft.; part of Sees. 32-28-15 a d 5-29-15
LUP 86-39)
The Assistant
reading and
Ordinance 4394-87
the vote was:
City
read it by
on first
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"Ayes":
Berfield) Regulski) Winner, Nunamaker and Garvey
Ordinance 4397-87 Rezonin arcel on the NW
Palmetto St. and Penns lvania Ave. from RM-8 to P
10-29-15 (Evans - PH 4 16 87) Z 87-5
"Nays":
None.
Item 1158
intersection of
2, Pennsylvania
Sub.)
Sec.
The Assistant
reading and
Ordinance 4397-87
the vote was:
City
read it by
on first
"Ayes":
Attorney presented Ordinance
title only. Commissioner Winner
reading. Motion was duly seconded.
4394-87
moved to
Upon roll
Attorney presented Ordinance
title only. Commissioner Winner
reading. Motion was duly seconded.
4397-87 f
moved to
Upon r 11
Berfield) Regulski) Winner) Nunamaker and Garvey.
"Nays":
None.
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Book 39
315
5/21{87
or
first
pass
call
the
1 &
first
pass
call
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Item #59 Ordinance 4398-87
Designation from RM- 8 to P SP for a parcel on
intersection of Palmetto St. and Pennsylvania Ave.;
Sub. LUP 87-7
Amendin
Ord.
2019 to Chan e Land Use
the NW corner of the
Lots 1 & 2, Pennsylvania
The Assistant City
reading and read it by
Ordinance 4398-87 on first
the vote was:
Attorney presented Ordinance 4398-87 for
title only. Commissioner Winner moved to
reading. Motion was duly seconded. Upon roll
first
pass
call
"Ayes":
Berfield, Regu1ski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #60 - Ordinance 4401-87 - Rezoning a parcel located at the NW corner of
the intersection of N. Myrtle Ave. & Metto St. from eN & RM-8 to P/SP; Lots
2 6, Blk C, Jurgen's Addition Revised and M&B 23-07, Sec. 10-29-15 (Church
of God by Faith - PH 4/2/87) Z 87-4
The Assistant City
reading and read it by
Ordinance 4401-87 on first
the vote was:
Attorney presented Ordinance 4401-87 for
title only. Commissioner Winner moved to
reading. Motion was duly seconded. Upon roll
first
pass
call
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
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None.
Item 1161 Ordinance 4402-87 Amending Ord. 2019 to Change Land Use
Designation from CN & RM-8 to P/SP for a parcel located at the NE corner of
the intersection of N. Myrtle Ave. & Metto St .; Lots 2-6, Bik. C, Jurgen'"'s
Addn. Revised and M&B 23-07, Sec. 10-29-15 (Church of God By Faith Inc.)
LUP 87-6
The Assistant City
reading and read it by
Ordinance 4402-87 on first
the vote was:
Attorney presented Ordinance 4402-87 for first
title only. Commissioner Winner moved to pass
reading. Motion was duly seconded. Upon roll call
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #62 - Ordinance 4404-87 - Amending Code of Ordinances Relating to Parking
Violations; Section 121.11, to add certain clarifying language and to delete
the penalty provision and Section 121.44, to add penalty for parking in a
handicapped parking space.
c
There was some discussion anlong the Commissioners regarding a
ticketing violators for each overtime period rather than just once.
instructed to check on whether this policy has been included in
manual.
policy of
Staff was
the policy
Book 39
316
5/21/87
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The Assistant
reading and read
Ordinance 4404-87
the vote was:
City
it by
on first
Attorney presented
title only.
reading. Motion was
Ordinance 4404-87 for
Commissioner Winner moved to
duly seconded. Upon roll
first
pass
call
"Ayes":
Berfield, Regu1ski, Winner, Nunamaker and Garvey.
IINays":
None.
xv - Resolutions
Item 1163
Awareness Month
understanding of
Resolution 87-26, Declaring
the City in order
Hurricane Hazard.
in
the
the Month of June,
to increase
1987
public
as 'Hurricane
interest and
Commissioner Nunamaker moved to
authorize the appropriate officials
seconded. Upon roll call the vote was:
pass and adopt
to . execute
same.
Resolution
Motion
87-26 and
was duly
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
XVI - Other City Attorney Items
'0
Item 1/64 Set Special Meeting to discuss offer of settlement
Development case.
in Mills
A meeting was scheduled for May 28th at 6 p.m. to meet with the
Attorneys hired as outside counsel for the Mills Development Appeal.
Item #65 - Authorization to seek Judicial Review. (Studebakers)
Board
would
would
the Studebakers case has ruled the Community Relations
issue cease and desist orders. The City Attorney's office
and ask for review by a higher
the decision because they feel
Community Relations Board's authority. They have already
reconsideration in this matter.
The Judge in
can no longer
like to pursue
also like to
this matter
appeal
court.
it limits
filed a motion
They
the
for
In reply to a question from one of the Commissioners, the Assistant City
Attorney stated the reconsideration only asks for clarification regarding
cease and desist orders. The cost should be minimal as it will be done
house.
the
in-
Commissioner Regulski moved to authorize the
decision in this matter if the Judicial Review is
duly seconded and carried unanimously.
City Attorney to appeal the
not favorable. Motion was
,0
VI
Book 39
317
5/21/87