05/28/1987
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CITY COHKISSION SPECIAL MEETING
May 28, 1987
The
6:01 P.M.
present:
City Commission of the City of Clearwater met in special session at
in the Mayor's Conference Room, City Hall, with the following members
Rita Garvey
James Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
Zala Forizs
Arthur England
Cynthia E. Goudeau
City Manager
City Attorney
Outside Counsel
Outside Counsel
City Clerk
o
The purpose of this meeting was
Development Case and settlement offer
attorneys hired to assist the City.
to discuss the appeal of
by Mills of 2.4 million,
the Mills
with the
Attorney England presented a status of his review, stating he has not
examined all the documents provided and the transcript is still being prepared.
He reviewed the operation of an appeals court and his opinions, thus far,
regarding this appeal. He stated that while he feels errors were made in the
rulings and the appeal would warrant a hearing, there is no way to predict the
court's decision. Pursuing settlement is always prudent and the Mills'
proposal is a starting point. He advised the Board he had contacted an
actuarial firm and received their analysis that the case would be worth $1.5 to
$1.7 million. He also wanted the Commission to be aware of (1) Attorney
Blakely, representing Mills, is an excellent attorney; (2) he questioned the
value of the June 24th meeting scheduled for the City Commission to hear
arguments from both sides; and (3) that settlement should be pursued by our
counsel negotiating with their counsel.
Discussion ensued regarding the
help in understanding the issues more
least thirty days before the transcript would be
stated that, if the case went through the entire appeal
sometime next year before a final decision was made.
transcript and whether or
clearly. It was stated
available. Attorney England
process, it would be
not it would
it would be at
Continuing with the
was the consensus of the
there should be one copy
appeal while pursuing a settlement was
City Commission that even if settlement
of the transcript for their review.
discussed. It
was reached,
o
Book 39
319.
May 28, 1987
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Commissioner Berfield moved to direct counsel to pursue settlement in a
vigorous manner, but to continue with the appeal process and obtaining the
transcript. The motion was duly seconded and carried unanimously.
Discussion ensued regarding whether or not to hold the June 24, 1987
meeting. Consensus was to leave it scheduled for now.
Other Commission Action
Mayor Garvey requested the
League meeting June 12-14, 1987.
planning to attend.
names of those planning to attend the Suncoast
Mayor Garvey and Commissioner Berfield are
Commissioner Winner request~d the City Commission consider working with
Merrill Lynch Settlement Division.
Meeting adjourned at 7:29 P.M.
Mayor/Commissioner
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Attest:
01~~
Citt Clerk
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Book 39
320.
May 28, 1987
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FINAL AGENDA -
ITY COMMISSION MEETING - June 4, 1987 (6PM)
~LCOHE. We are glad to have
\~fecognized, then state your na
on other than Public Hearing i
more than once on the same su
ou join us. If you wish to speak please wait to be
and address. Persons speaking before the City Commission
ems shall be limited to 3 minutes. No person shall speak
ject unless granted permission by the City Commission.
III.
IV.
Service pin Awards
Introductions and Awards
ACTION AGENDA
I. Mayor Garvey
II. Rev. Gordon Strickland, First
United Methodist Church
III. 1 Service pin
IV. proclamation:
Firefighter Appreciation Week:
June 1-7, 1987
V. Approved as submitted.
I.
II.
Pledge of Allegiance
Invocation
V.
Minutes of Regular Meeti g
5/21/87
Pr;;sentations
VI.
Howard Groth presented
$9,575.44 check to City from
the Housing Authority.
Frank Phipps requested
consideration be given to
providing individuals
protection under the Nuisance
Ordinance and to add language
re light pollution.
VI.
VII.
Citizens to heard re ite s not
on the Agenda.
VII.
Not Befo e 6:30 P.K. - Scheduled Public Hearings
(1)
( 2)
(or
(3)
Presentation of issues by
staff.
Statement of case by appl.cant
representative) S minut
Statement of case by
opposition S .inutes.
Commission questions.
Comments in support and c
in opposition: (a) indivi
3 .inutes; (b) spokespers
groups - 10 minutes.
Commission questions.
Rebuttal by opposition
.inutes.
Final rebuttal by
representative)
applica
5 .inut
(4)
( 5)
( 6)
(7)
( 8)
VIII
PUBLIC HEARINGS
9.
Community Development Bock Grant
Application. (1987-88) (PUD)
9.
Continued to 6/18/87
p-,
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ACTION AGENDA
PAGE 321.
June 4, 1987
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10.
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11.
(Cont'd from 5/21/87) LUP amendment
from Low Density Residential
and a Zoning Atlas Amendment
RPD-8 to p/SP for a .15 acre
located on the N side of the PACT
Site and on the E side of One Kapok
Terrace Condo, E of McMullen Booth
Rd & amendment to the Master RPD-8
Site plan for One Kapok Terrace
Condo (One Kapok Terrace, Ltd.) Part
of M&B 24.01 LUP 87-12, Z 87-7, PSP
81-49 (PUD)
Public Hearing & First
4323-87 - Amending Ord.
change LUP for property annexed
Ord. 4321-87 from R-R to
28) (CA)
Public Hearing & First
4347-87 - Amending Ord.
change LUP for property annexed in
Ord. 4345-87 from Recreation/Open
Space to RS-2 (LUP 86-32) (CA)
Second reading Ord. 4389-87 -
Rezoning parcel on the W side of US
19, appx 450 ft N of Drew St from
CPD to AL/!, Sec 7-29-16 (Rothman-PH
3/19/87, Z 87-11)
Second reading Ord. 4390-87 -
Rezoning parcel on the W side of
McMullen Booth Rd, appx 300 ft N of
the Intersection of McMullen Booth
Rd & Briar Creek Blvd from RS-2 to
p/SP, Sec 21-28-16 (McCutchoen - PH
3/29/87, Z 87-3
Second reading Ord. 4391-87 -
Amending Ord. 2019 to change LUP for
a parcel on the W side of McMullen
Booth Rd, appx 300 ft N of the
intersection of McMullen Booth Rd &
Briar Creek Blvd from RS-2 to p/SP
(LUP 86-39)
Second reading Ord. 4393-87 -
Amending Zoning Atlas by rezoning
parcel W of Eldorado Ave, E of
Coastal Const Control Line, appx
ft N of !sland Dr & continuing N
appx 1900 ft from OS/R to RS-8
Parcell and RS-4 to Parcel 2,
32-28-1~, (Multiph;/City - PlI
2/5/87, Z 86-22) ,
Second reading Ord. 4394-87 -
Amending Ord. 2019 to change LUP for
property rezoned in Ord. 4393-87
from OS/R to RS-8 & RS-4 (LUP 86-39)
10.
Tabled
to p/SP
from
parcel
Read ing Ord.
2019 to
11.
Ord. 4323-87 passed 1st
reading
in
CH (LUP 86-
12.
Reading Ord.
2019 to
12.
Ord. 4347-87 passed 1st
reading
13.
13.
Ord. 4389-87 adopted
14.
14.
Ord. 4390-87 adopted
15.
15.
Ord. 4391-87 adopted
16.
16.
Ord. 4393-87 adopted
a
the
250
as to
Sec
17.
17.
Ord. 4394-87 adopted
ACTION AGENDA
PAGE 322.
June 4, 1987
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IX
18.
Second reading Ord. 4397-87 -
Amending Zoning Atlas by rezoning a
parcel at the NW corner of the
intersection of Palmetto St &
Pennsylvania Ave from RM-8 to p/SP.
Lots 1 & 2, Pennsylvania Sub.
(Evans PH 4/1/87, Z 87-5)
Se~ond reading Ord. 4398-87
Amending Ord. 2019 to change LUP for
property rezoned in Ord. 4397-87
(LUP 87-7)
Second reading Ord. 4401-87
Rezoning property at the NE corner
of the intersection of N Myrtle Ave
& Metto St from CN & RM-8 to p/SP,
Lots 2 - 6, Block C, Revised Map of
Jurgen's Addition to Clearwater
(Church of God by Faith PF/4/2/87, Z
87-4)
Second reading Ord. 4402-87 -
Amend ing Ord.
property rezoned
(LUP 87-6)
Second reading Ord. 4403-87 -
Amending Sections 42.20 & 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.
Second reading Ord. 4404-87
Amending Section 121.11, Code of
Ordinances, to add certain
clarifying language thereto, and to
delete the penalty provision;
amending Section 121.44, Code of
Ordinances, to add the penalty for
parking a vehicle in a handicapped
parking space.
23.
Ord. 4404-87 adopted
18.
Ord. 4397-87 adopted
19.
19.
Ord. 4398-87 adopted
20.
20.
Ord. 4401-87 adopted
21.
21.
Ord. 4402-87 adopted
2019 to change LUP
in Ord. 4401-87
for
22.
22.
Ord. 4403-87 adopted
23.
CITY MANAGER REPORTS
CONSENT AGENDA
IX.
Approved as sub.itted less
Item # 36 & 37
Bids & Contracts
o
24.
Pre-Leased Vehicles. Purchase one
(1) pre-leased vehicle from Avis
Rent-a-Car System, Washington, DC,
for $8,11 7 .00 (CS)
ACTION AGENDA
PAGE 323.
June 4, 1987
25.
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27.
Arrest Drunk Driving Program
Specialty Items. 5,000 license
plates & 50,000 key fobs to Sutton
Specialty Adv, Tarpon Springs for
$13,450; 50,000 litter bags to
Jimts Decal Depot, Largo, for
$1,000. (PD)
Greenwood Gardens Maxiwagon.
Purchase (1) 15 passenger Maxiwagon
Van from Kenyon Dodge for
$16,552.80. (PD)
Street & Sidewalk Restoration.
Contract to Batsford Const Co,
Clearwater, for $47,325. (UT)
Change Orders
28.
Change Order #1, Windward Passage
Bridge Replacement, Contract 86-63
for the addition of structural
support necessary to provide ability
to accommodate large trucks during
const, $23,000.00. (PW)
Citizen & Staff Requests
29. Safety Village. Concept of
renovating & re-opening Safety
Vi llage. (pit)
Qlans & Plats
30.
Preliminary Site Plan for Jones St
Yard, located on a triangular tract
of land bounded by Jones St on the S
& Railroad ROW on the E & W (City of
Clearwater) PSP 87-18 (PUD)
Receipt & Referral
@34.
31.
Land Dev Code Amend to Sec 135.086
Conditional Uses & 136.025
Conditional Use Standards to address
Noncommercial Parking in the Limited
Office District.(PUD)
Land Dev Code Amend to Sec 136.007
(e) relating to Registration of
Nonconforming Density or Floor Area.
(LDCA 87-6) (PUD)
Land Dev Code Amend to Sec 136.020
(e) to defne "Persons" as used in
the requirements for family, group &
congregate care facilities. (LDCA
87-5) (pun)
Land Dev Code Amend to Sec 137.005
definitions to define the term
"Existing Grade". (PUD)
32.
33.
ACTION AGENDA
PAGE 324.
June 4, 1987
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35.
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36.
37.
38.
39.
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Code Amend to See
137.025,
137.013,
137.026 &
Land Dev
137.021, 137.024,
137.027 relating to Hearing Oficers
& Appeals to a Hearing Officer.
(LDCA 87-4) (PUD)
Amendment to the Code of Ordinance
creating Sections 72.11 through
72.18, amending Section 136.024 &
repealing Sections 72.01 through
72.10 & 136.025 (c) (1) & (2)
relating to alcoholic beverages.
( pun)
Land Dev Code Amend
137.005 relating
& Laboratories as conditional use in
the OL district. (pun)
36.
Received & Referred
37.
Denied
to See 135.086 &
to Medical Clinics
x
OTIlER ITEMS ON CITY MANAGER REPORTS
the Site Plan for
(Phase 4 of the
on the E
Ave N.
Continued to 6/18/87
38.
40.
Major Amendment to
Dimmitt Chevrolet
Master Site Plan) located
side of US 19, S of First
M&B 32-02, 32-03, 32-10 & Lots 16 &
17, Block 14, Chautaugua Section A,
Unit 1, 32-28-16. (Dimmitt) PSP 83-
60 (pun)
Major amendment to final
for Dimmitt Cadillac
E side of US 19 S of
1/4 of SW 1/4 of See 32-28-16.
(Dimmitt) PSP 83-60 (PUD)
(Cont'd from 5/21/87) Receipt &
Referral of Zoning Atlas amendment
from RM-12 and RS-8 to RPD-I0 and
AL/I and review of Preliminary
Master Site/Sub Plat of Baylife's
Landing to include a Transfer of
Development Rights for a 12.1 acre
parcel located at the SE corner of
the intersection of Airport Dr & the
proposed Keene Rd extension. M&B
33-01, SW 1/4 of See 12-29-15, and
Lots 1-28, Blk C & vacated sts, Drew
Heights Sub. (Skycrest Baptist
Church) Z 87-9, PSP 87-14, SUB 87-6,
( PUD)
PGA Fami ly Go 1 f
an entrance
rather than SR 580.
Midyear Budget Review
a) First Reading Ord. 4405-87
Amending Operating Budget for Fiscal
Year 1986-87.
b) First Reading Ord. 4406-87 -
Amending CIP Budget for Fiscal Year
1986-87.
42.
Ord. 4405-87 passed 1st
reading
Ord. 4406-87 passed 1st
reading
Site plan
located on the
3rd Ave S. NW
39.
Continued to 6/18/87
40.
Cont inued
41.
Request for
Booth Rd
41.
Approved 6 month trial
Center.
from McMullen
(CH)
42.
PAGE 325.
June 4, 1987
ACTION AGENDA
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50.
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51.
4380-87 - Annexing the E side of W
Manor Ave., appx 350 ft S of Manor
Blvd N, consisting of Lots 41 & 42,
Clearwater Manor Sub. & the abutting
ROW of W Manor Ave into the
Corporate Limits of the City.
(Ussery - PH 3/19/87)
4381-87 - Zoning property annexed in
Ord. 4380-87 as RS-8 (A87-6)
4382-87 - Annexing property on the E
side of Old Coachman Rd appx 200 ft
S of the intersection of Americus Dr
& Belcher Rd, consisting of Lot 4,
Blk A, Sunset Point Estates into the
Corporate Limits of the City.
(Swainston - PH 3/19/87)
4383-87 - Zoning property annexed in
Ord. 4382-87 as RS-8 (A 87-7)
4384-87 - Annexing property on N
side of SR 590 appx 400 ft W of
McMullen Booth Rd into the Corporate
Limits of the City. M&B 33-02. (SPCA
of Clwtr - PH 3/19/87)
4385-87 - Zoning property annexed in
Ord. 4384-87 as p/SP. (AB7-8)
4386-87 - Annexing property on the W
side of McMullen Booth Rd appx 200
ft N of the intersection of Briar
Creek Blvd & McMullen Booth Rd into
the Corporate Limits of the City.
M&B 22-08 (Carey & Tabb PH
3/19/87)
4387-87 - Zoning property annexed in
Ord. 4386-87 as p/SP (A 87-9)
4388-87 - Amending Ord. 2019 to
change LUP for property annexed in
Ord. 4386-87 from Low Density
Residential to p/SP (LVP 87-5)
4395-87 - Annexing property located
S & W of John's Parkway appx 950 ft
W of Bayshore Blvd into the
Corporate Limits of the City, Lot 1,
John's Parkway Sub & 25' x 170'
paracel abutting on W. (Sofarelli
PH 4/2/87)
4396-87 - Zoning property annexed in
Ord. 4395-87 as RS-8. (A87-10)
4399-87 - Annexing property located
on the N side of Vista Way appx 150
ft E of Sylvan Dr into the Corporate
Limits of the City. Lot 27 & E 1/2
vacated playground, Blk B, Harbor
Vista Sub. (Wright - PH 4/16/87)
4400-87 - Zoning property annexed in
Ord. 4399-87 8S RS-8. (A 87-11)
53.
50.
51.
52.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
ACTION AGENDA
PAGE 327.
Ord. 4380-87 passed 1st
reading
Ord. 4381-81 passed 1st
reading
Ord. 4382-81 passed 1st
read ing
54.
Ord. 4383-87 passed 1st
reading
Ord. 4384-87 passed 1st
reading
55.
Ord. 4385-81 passed 1st
reading
Ord. 4386-81 passed 1st
reading
56.
57.
Ord. 4387-87 passed 1st
reading
Ord. 4388-87 passed 1st
reading
58.
59.
Ord. 4395-87 passed 1st
reading
60.
Ord. 4396-87 passed 1st
reading
Ord. 4399-87 passed 1st
read ing
61.
62.
Ord. 4400-87 passed 1st
reading
June 4, 1987
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XII
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43.
Cleveland Street Streetscape. (Ft.
Harrison to Myrtle Ave.)Approve
Resolution 87-28, Highway
Landscaping Memorandum of Agreement
& Letter of Justification between
City & Department of Transportation.
(PR)
Airport Authority - 2 member
Appointment( CLK)
43.
Reso 87-28 adopted; Memorandum
of Agreement & Letter of
Justification approved.
44.
44.
Appointed Helen Herman as
League of Women Voter's
Representative & Marvin Moore
as "At Large" Representative.
Reappointed Noble Gordon,
appointed Frank Krame.
45.
Marine Advisory Board - 2 member
Appointment (CLK)
45.
Other
Pending Hatters
None
XI
Verbal Reports
XII
The City Manager reported he will be
scheduling the Chambers request for
forgiveness of $7,000.00 loan for
the Welcome Center and the Friends
of the Library request re copy
machine revenue for the next
meeting.
He will be
Commission
additional
requesting City
input re the proposed
1~ tourist tax.
CITY ATTORNEY REPORTS
XIII
First Reading Ordinances
46.
4321-87 - Annexing Lot 7, Blackburn
Sub into the Corporate Limits of the
City (Valdes - PH 11/20/86)
4322-87 - Zoning property annex in
Ord. 4321-87 as CH (A 86-28)
4345-87 - Annexing a parcel of land
on the N side of 10th Ave S (Union
St) between Second St E & Soule Rd
(Third St E) into Corporate limits
of the City. Lots 1-26, Blk 29,
Lots 1-26, Blk 30, Lots 1-26, Blk
31, Lots 1-26, Blk 32, Chautaugua
Unit 4, Sec A, Vacated Sts & part
M&B 41-00 (Boy Scouts - PH 1/15/87)
4346-87 - Zoning property annexed in
Ord. 4345-87 as RS-2 (A86-32)
46.
Ord. 4321-87 passed 1st
reading
47.
47.
Ord. 4322-87 passed 1st
reading
Ord. 4345-87 passed 1st
reading
48.
48.
49.
Ord. 4346-87 passed 1st
read ing
PAGE 326.
ACTION AGENDA
June 4, 1987
.'