07/16/1987
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FIRIL AGBHDA - CITr CO~~ISSION MEETING - July 16, 1987
(6 p.m.)
WELCOME. We are glad to have you join us. If you wish to speak please Hait to be
~cogniZed, then state your name and address. Persons speaking before the City
~~ommission on other than Pub~Hearing items shall be limited to 3 minutes. No
shall speak more than once on the same subject unless granted permission by the
Commission.
person
City
ACTION
I. Pledge of Allegiance I.
II. Invocation II.
III. Service Pin Awards III.
::tV . Introductions and Awards IV.
V. Minutes of Regular Meeting July 2, V.
1987
i VI. Presentations VI.
VII. Citizens to be heard re items not on vn.
the Agenda.
o
.
19.
AGENDA
Mayor Garvey
Rev. Herbert Preitag, Chapel by
the Sea
2 Service Pins Awarded
Employee of the Month James
Billups, Traffic Engineering
Approved as corrected.
None
Gladys Melichar - President,
Edgewater Drive Home Owners
Assoc. complained regarding
lack of preparation for
Edgewater Drive Park
condemnation trial and street
resurfacing.
Richard Pitzgerald
representing Coalition of Home
Owners, expressed concern
regarding recent events.
Requested the City Commission
find out the facts, determine
responsibility and take
necessary action.
Vito Negerelli - President
Morningside/Meadows Home Owners
Assoc. stated concern that
fiscal integrity is unraveling
and that management structure
should not be frozen in time.
Kathy Kelly - stated overall,
Clearwater is well run and
City Manager deserves credit.
Russ DeMease - presented
Good Government Award from
Clearwater Jaycees to Mayor
Garvey.
Virginia Robinson - Commended
City Manager, stated he needs
good assistant.
July 16, 1987
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Tom Selhorst - requested
City Commission reconsider
his request to purchase surplus
property in Eldridge
Subdivision. Concensus to
reagenda for next meeting.
Ronald Gunderson, Jr.
requested Planning Dept. not
misrepresent what is on South
Beach.
Phil Tuttle - complained
regarding conduct of City
Manager evaluation 7/15/87.
Rot Before 6 :30 P.M. - Scheduled Public Hearings
(1) Presentation of issues by City
sta ff.
(2) Statement of case by applicant (or
representative) 5 minutes.
(3) Statement of case by opposition
5 minutes.
(4) Commission Questions.
(5)
(6)
(7)
(8)
Comments in support and comments in
opposition: (a) individual - 3 minutes;
(b) spokesperson for groups - 10 minutes.
Commission questions.
Rebuttal by opposition - 5 minutes.
Final rebuttal by applicant or
(representative) - 5 minutes.
II
9:=JContinued fro. 6/4/81. LUP amendment
from Low Density Residential to
Public/SemiPublic and a Zoning Atlas
amendment from RPD-8 to PISP for a .15
acre parcel located on the N side of the
Pact Site and on the E side of One Kapok
Terrace Condominium, E of McMullen Booth
Rd and amendment to the Master RPD-8 Site
Plan for One Kapok Terrace Condominium
(One Kapok Terrace, Ltd.) Portion of M&B
42.01, See 9-29-16 (LUP & Zoning) One
Kapok Terrace, Phases I - IV and a portion
of M&B 24.01, See 9-29-16 (site plan)
LUP 87-12, Z 87-7, PSP B1-49. (POD)
Request for amendment to annexation
agreement between City and David Bilgore
& Co. affecting property located at the
SW corner of McMullen Booth Rd & SR 590.
Lots 11 & 12, Blk C, Dellwood Heights,
Tract One of H H Baskins Replat, & the
SW 1/2 of the NW 1/4 of See 9-29-16.
(POD)
PUBLIC HRlRIIIGS
9.
Approved
10.
Denied
8).(....
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20.
July 16, 1987
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11. Land Development Cod~ amendment to Section
135.086 Conditional Uses and 136.025
Conditional Use Standards to address
!~noncOmmercial parking in the Limited
~ Office District. First Reading Ord. 4415-
87 (LDCA 87-3) (POD)
12. Land Development Code Amendment to Section
136.007 (e) relating to registration of
nonconforming density or floor area. First
Reading Ord. 4416-87 (LDCA 87-6) (POD)
Land Development Code Amendment to Section
136.020 (e) to define "Persons" as used
in the requirements for Family, Group
and Congregate Care Facilities. First
Reading Ord. 4417-87 (LDCA 87-5) (POD)
14. Land Development Code Amendment to Section
137.005 definitions to defind the term
"Existing Grade". First Reading Ord.
~418-87 (LDCA 87-7) (POD)
15. Land Development Code Amendment to
Sections 137.013,137.021,137.024,
137.025, 137.026 & 137.027 relating to
Hearing Officers and Appeals to a Hearing
Officer. First Reading Ord. 4419-87 (LDCA
87-4) (POD)
16. Amendment to the Code of Ordinances
creating Sections 72.11 through 72.18,
amending Section 136.024 and repealing
nSections 72.01 through 72.10 and 136.025
\~(c) (1) and (2), relating to alcoholic
beverages. First Reading Ord. 4420-87
(LDCA 87 -9) (POD)
17. Second Reading Ord. ~425-81 (Continued
from July 2, 1987) Vacation of a portion
of a drainage and utility easement lying
in Lot 1, Montclair Lake Est running S
from Union St. (DeLuca 87-05)
Second Reading Ord. ~4'0-81 Repealing
Sec 91.24, Code of Ordinances, prohibiting
the keeping of barking dogs, repealing
Sec 91.26, Code of Ordinances, prohibiting
the hitching of a horse or other animal
to a shade tree on any City street.
Second Reading Ord. 4~41-87 - Creating
Section 121.12, Code of Ordinances, to
provide that the continuing violation
of any of the provisions of Chapter 121,
Code of Ordinances, shall constitute a
separate offense for each hour that the
violation occurs, subject to certain
limitations.
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11. Continued to 8/6/87.
12. Ord. 4~16-87 passed first
reading.
13. Ord. 4~17-87 passed first
reading.
14. Ord. 4418-81 passed first
reading.
15. Ord. 4'19-81 passed first
reading with understanding
amendments will be made at
2nd reading.
16. Continued to 8/20/87
17. Continued.
18. Ord. 4440-87 adopted.
19. Ord. 4'41-87 adopted.
21.
July 16, 1987
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20. Second Reading Ord. ~'~3-87 Approving
a Bond Resolution of the Community
Redevelopment Agency of the City of
/~ Clearwater which authorizes the issuance
~)of bonds to finance certain redevelopment
projects.
Ord. 4443-87 adopted.
20.
x
ern KARAGER REPORTS
X
Approved as SUbmitted less
Item 2.11
cOIIsmrr AGRtlDI
Advisory board - Notifications
21.
Parks & Recreation Board (2 members)
Notification (CLK)
Agreements
Lease Agreement - United States
Guard AuxilIary. 5 year renewal
Clearwater Flotilla 11-1 of the
AuxilIary & the City. (KR)
Lease Renewal - Coast Guard Cutter Pt.
Swift. USCG lease #DTCG28-82-L-00009,
providing dock space for USCGC Pt. Swift
at the Municipal Marina for 10/1/87
9/30/88 for $200.00 pel' month. (KR)
Youth League Agreements. Amendments to
agreement dated May 12, 1987 between the
,~City & Countryside Jr Cougars & agreement
:~ dated Dec 18, 1986 between the City &
Clearwater American Little League
(PR)
22.
Coast
between
USCG
24.
Approved as revised.
Contracts
Fourteen (14) Computer Terminals as
replacement for units.
Systems, $13,560.00 for
(CS)
Data Access
Police Department
Plans & Plats
Preliminary Subdivision Plat for The
Clearwater Collection, located NW of the
intersection of US 19 & Drew St. M&B
44.01 Sec 7-29-16 (Rothman) SUB 87-9
( POD)
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22.
July 16, 1987
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Receipt & Referral
28.
Petition for Annexation & RS-8 zoning
~or a .13 acre parcel located on the E
side of Pineland Dr appx 300 ft N o~
Overbrook Rd. Lot 1, Jade Heights Sub,
Sec 3-29-15 (O'Hanrahan, Jr.) Annex 87-27
(PUD)
LUP amendment from Low Density Residential
to Public/Semi-Public and a zoning
amendment from RS-8 to PISP ~or a .12
acre parcel located on the N side o~
Lakeview Rd, appx 200 ft E o~ Byron Ave.
Lot 112, Ardmore Place Replat, Sec
22-29-15. (Lakeview Baptist Church of
Clearwater) Z 87-13, LUP 87-18 (POD)
Petition for annexation, Public/Semi-
Public Zoning and a LUP amendment from
Low Density Residential to
Public/Semi-Public on property located
342 ft W of Highland Ave at the Southern
Terminus of Weston Dr. M&B 33-0~, Sec
2-29-15. (Holland) Annex 87-28, LUP
87-19. (POD)
29.
XI
O1'8ER ITEMS OR CITY MAHAGBR RKPOR'rS
31.
Fees for ~ire hydrant installations and
detector check valve installations on
fire lines. Ord. ~438-87, modirying &
increasing the fee structure, amend Sec.
50.05 (d) (UT)
Girls Clubs - Grant Amendment to the
funding agreement with Girls Clubs of
Pinellas County, Inc., granting an
additional sum of $3,944.76. (POD)
Community Services Trust Fund Grant
Application - $8,180.00 from the State
of Florida Community Services Trust Fund,
Resolution 87-31. (POD)
Tentative Millage Rate of 5.0000 for
Fiscal Year 1987/88, & set Public Hearings
on the Budget for September 3, 1987 &
September 17, 1987.
30.
Ord. 4438-87 passed on
1st reading.
31.
Approved
32.
32.
Reso. 87-31 adopted.
33.
33.
Approved
XII
other Pending Mat;ters
XII
Hone
XIII
Verbal Reports
XIII
Reported staff ~elt the landscape
buffer at the Clearwater Health
Care Facility met requirements
as plantings should grow into dense
"wall" .
23.
July 16, 1987
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36.
IV
XVI
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CITY ATTORBRY REPORTS
4'35-81 - Rezoning parcel located on
the E side of Clearwater Largo Rd, appx
550 ft S of Woodlawn St, from P/SP to
CN. (Jones - PH 5/21/87 - Z 87-6)
41136-81 - Amending Ord. 2019 to LUP
for parcel in Ord. 4435-87 from P/SP to
Commercial/Tourist Facilities. (LUP 87-11)
4444-81 - Vacation of a portion of an
existing drainage & utility easement
located on the W side of Lot 13, Blk D,
Northwood Estates Tract F (Shugarman
87 -07 )
Other City Attorney Items
XIV
Other Co~ssion Action
XVII
First Heading Ordinances
34. Ord. 111135-81 passed 1 st
reading.
35. Ord. 111136-81 passed 1 st
l"eading.
35. Ord. 4111111-81 passed 1st
reading.
xv Authorized settlement
Suit.
in Dover
XVI Commissioner Nunamaker requested
Commission consider purchasing
the Norman Bie property per a
proposal submitted by Mr. Bie.
Mayor Garvey reported the Florida
Orchestra is requesting $20,000 a
year for 5 years to meet
requirements of Tampa Grant.
Concensus to Agenda for next
meeting, notify Orchestra and Mayor
Freeman that it will be
considered.
Commissioner Regulski requested
"upside/downside" information be
placed in the quarterly litigation
report. No concensus.
AdjOW"llEDt 1 :10 a.a.
24.
July 16, 1987
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CITY COHHISSION HEETING
July 16, 1987
o
p.m.,
regular session
with the
at
following
the
members
The City Commission of
City Hall, Thursday,
present:
the
July
City
16,
of Clearwater
1987, at 6:02
met in
Rita Garvey
James L. Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner (arrived 6:10 p.m.)
Commissioner
Commissioner
Commissioner
Also present were:
M. A.
Terry
Anthony L. Shoemaker
Galbraith, Jr.
Jennings
Paula Harvey
Cynthia E. Goudeau
City Manager
City Attorney
Assistant Public Works Director
Planning Director
City Clerlt
The
The Mayor called the meeting to order and
invocation was offered by Reverend Herbert
led
Freitag,
the Pledge
Chapel By
of Allegiance.
The Sea.
In order to provide continuity tor research, the items will be listed in agenda
order although not necessarily discussed in that order.
A
V
III - Service Pin Awards
2 service pins were awarded to City employees.
IV - Introductions and Awards
Employee of the
Engineering Department.
Month,
July
1987
James Billups,
Jr.,
Traffic
Proclamations - None.
v - Minutes of the Regular Meeting of July 2, 1987
Commissioner Regulski
indicate
requested the
only the Garden Street
floors at a future date, although
garages were constructed that
minutes of July
garage
it was
way.
2, 1987, page
was constructed
stated at the
11, be
to allow
July 2nd
corrected to
additional
meeting that both
Commissioner Regulski moved to approve the minutes of the meeting of July
2, 1981 as corrected. Motion was duly seconded and carried unanimously.
VI - Presentations - None.
CD
(Book 40)
25.
7/16/87
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VII
Citizens to be heard re items not on the Agenda
o
Gladys Melicher', President, Edgewater Drive Homeowners Association, felt
there was a lack of preparation for the condemnation proceedings of the
Edgewater Drive property. She also felt the resurfacing of a street in their
area was not an improvement as the rough surface makes it difficult to walk on.
Richard Fitzgerald, representing the Coalition of Homeowners, expressed
concern regarding recent events. He felt there has been poor' management and
requested the Commission continue their efforts to get all the facts.
Vito Nigr'elli, President, Morningside/Meadows Homevwners Association,
expressed concern about the fiscal integrity of the City and increased taxes
with cuts in services. He thanked the Commission for the steps that have been
taken over' the last few weeks to try and resolve the problems.
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Kathy Kelly, former Mayor, stated Clearwater has an honest, capable, well
run government and compares favorably with other cities in the area. She feels
the City Manager is doing a good job.
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Rusty Meese presented Mayor Garvey with the llGood Government Awar'dll from
the Clearwater Jaycees.
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Virginia Robinson commended the City l-ianager but feels he needs good
assistants.
Tom Selhorst asked for approval of his request to purchase property in
Eldridge Subdivision. It was the consensus of the Commission to bring this item
back at the meeting of August 6, 1987.
o
Donald Gunderson informed the Commission of a possible suit if the
Planning and Zoning Department doesn't stop misrepresenting the South Beach
property.
Phil Tuttle complained about the manner in which the City Manager's
evaluation was conducted.
II - Public Hearings
Item /J:9 _ Continued t'roa 6'IJ'81, LUP Amendment from Low Density Residential
to Public/SemiPublic (P/SP) and a Zoning Atlas Amendment from RPD 8 (Residential
Planned Development 8) to P /SP for a .15 acre parcel located on the N side
of the PACT Site and on the E side of One Kapok Terrace Condominium, E of
McMullen Booth Rd. and Amendment to the Master RPD 8 Site Plan for One
Kapok Terrace Condominium; Part of M&B 42.01 (LUP & Zoning), One Kapok Terrace
Phases I~IV and par't of M&B 24.01 (site plan), Sec. 9-29-16 (One Kapok Terrace,
Ltd.) LUP 87-12, Z 87-7, PSP 81-49 (POD).
1)
There are two dwelling units on the subject parcel that are included in the
Master Site Plan for One Kapok Terrace. Since this plan has an RPD 8 district
zoning that is tied to the master site plan, an amendment to the site plan is
required in consideration of the rezoning. The requested LUP and Zoning
amendment are for the purpose of converting the two existing units into
classrooms for educational programs in conjunction with the Performing Arts
Center and Theatre located on the adjacent property to the south.
(Book lJD)
7/16/87
26.
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The Development Review Committee on April 23, 1987 recommended approval of
the site plan amendment subj ect to the submission of a preliminary plat as
recommended and subject to the granting of water main easements which has been
accomplished.
The Planning and Zoning Board on May 4, 1987 recommended approval of the
LUP, zoning amendment and site plan amendment subject to the submission of a
plat.
Commissioner Winner moved to approve the requested Land Use Plan and Zoning
Atlas Amendments on the subject property and direct the City Attorney to include
this in an ordinance and to approve the Amendment to the Master RPD 8 site
plan for One Kapok Terrace Condominium subject to the following condition: A
preliminary plat be submitted for the parcel to be sold, such plat to provide
information regarding proposed access to the parcel and the easements necessary
to provide such access; and that the appropriate officials be authorized to
execute same. Motion was duly seconded and carried unanimously.
Item #10 - Request for Amendment to Annexation Agreement between City and David
Bilgore & Co. affecting property located at the SW corner of McMullen Booth
Rd. & S.R. 590; Lots 11 & 12, Blk C, Dellwood Heights, Tract One of H H Baskins
Replat, & the SW 1/2 o~ the NW 1/4 of See 9-29-16. (Richland Properties)(PUD)
The Planning Director reviewed the history of the property.
The agreement to annex, executed in 1981, addressed the terms of annexation
into the City and provided for water and sewer service to the property,
dedication of rights of way for McMullen Booth Rd., S.R. 590 and Landmark Dr.
and required easements.
In addition, the portion of property located N of the railrQad right of way
was to be further restricted as to zoning at the time of development, building
height limitation, setbacks, minimum parcel size and uses (corporate offices or
light industry) allowed on the property.
The property was annexed and in 1982, the County agreed to amend their land
use plan subject to the restrictions placed on the property by the agreement.
A potential developer is requesting an amendment to allow development of a
275,000 sq. foot shopping center. In addition, the developer is requesting
consideration of deleting the requirement for land dedication along the W
property line that would provide the necessary right of way for the extension of
Landmark D ri ve .
The Planning Department recommends denying the request.
Tim Johnson, Jr., representing Richland Properties, stated they have a
contract to purchase the property from the Paradyne Corporation. They wish to
have the agreement amended to permit a shopping center which will not require a
change in the land use plan or the zoning classification. It is their feeling
the property will not be developed industrially as it is too expensive and, if
the agreement is not amended to allow retail, a 500,000 sq. foot office building
could be constructed and still meet the provisions of the agreement. This will
create a greater impact on traffic than will a retail use.
(Book 40)
27.
7/16/87
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Rich Doyle, of Tampa Bay Engineering, stated they did a traffic study of
the area. Their findings were that McMullen Booth Road would be able to handle
the traffic of either type of development, but S.R. 590 would not be able to
handle the traffic generated at peak hours by an office development. There are
no plans to widen S.R. 5~O in the near future.
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There was considerable discussion as to which use would have the least
impact on traff'ic. There was a consensus not to release the requirement
regarding the Landmark Drive right of way.
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Keith Crawford, Traf'fic Engineer, stated offices would create a great
amount of traffic at peak periods; retail would have less traffic at those times
but would generate more throughout the day. The Landmark Drive right of way is
very important to future traffic needs.
Two citizens spoke in support stating they did not feel light industry is
compatible with residential, most of the residents in the area are in favor of
a shopping center being constructed on this parcel and they do not want Landmark
Drive completed. Two petitions were submitted, one with 13 signatures in
support, the other with 492 signatures in support and 4 opposed.
Three citizens spoke in opposition stating they want McMullen Booth Rd. to
remain a scenic corridor, they do not feel there is a need for additional
shopping in the area, and expressing concern for the impact the additional
traffic will create.
Further discussion ensued regarding traffic impacts, whether or not there
was a need for additional retail, what types of development can take place under
the agreement and the City Commission policy regarding McMullen Booth Road.
8
Commissioner Regulski moved to deny the request. The raotion was duly
seconded. Upon the vote being taken: Commissioners Berfield and Regulski and
Mayor Garvey voted "a:re". Commissioners Winner and Nunamaker voted "nay".
MotiOll carried.
The aeet1.ng recessed f"1'OIl 8:40 p... to 8: 55 p.m.
Item U11 -- Public Hearing and First Reading, Ordinance 4415 B1 ---- Land
Development Code amendment to Section 135.086 Conditional Uses and
136.025(c) (19) Conditional Use Standards to allow non commercial parking as
a conditional use in the Limited Office District (LDCA 87-3) (PUD).
Noncommercial parking is defined in the Land Development Code as a use of
land as a parking lot appurtenant to a nonresidential use for which there is no
fee charged for parking.
Consideration is requested for re establishing noncommercial parking as a
use provided for in of'fice zoned districts, speCifically the OL (Limited Office)
district. Noncommercial parking is now listed as a conditional use in the RM 8,
RM-12,oRM-16, RM-20, R~-24 and RM-28 zoning districts and has historically been
considered as a "buf'fer" use between residential and nonresidential properties.
The OL district has also served as this type of "buffer".
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28.
7116/87
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Mr. Salterelli, President, Harbor Oaks Association, stated they are opposed
to the amendment and showed a slide presentation showing what has occur~ed with
regard to non-commercial parking lots in their area.
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Three citizens spoke in objection citing concerns about the types of
vehicles being parked and the hours at which traffi.c is generated.
Considerable discussion ensued regarding the problems that have occurred
with Hunter Blood Center, which the City has been working to alleviate.
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The Planning Director stated they have not had the types of problems
expressed by the citizens of this area in any other areas of the City where non-
commercial parking is an allowable use.
Suggestions were made that restrictions regarding hours, buffering, etc. be
required for granting the Conditional Use.
Commissioner Berfield moved to continue this item to August 6, 1987.
Motion was duly seconded and carried unanimously.
Item #12 Public Hearin and First Ordinance 4416-87 Land
Development Code Amendment to Section 13 .007(e to delete the registration
requirement for nonconforming density or !'loor area as a condition for the
reconstruction or replacement thereof after damage or destruction by natural
cau~es (LDCA 87-6) (POD).
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Presently the Code requires that nonconforming density and floor area
damaged or destroyed by natural causes in excess of fifty (50) percent of the
r~placement cost may be replaced only if such nonconformity was ~egistered with
the building department on or before December 31, 1985.
This ordinance
rebuilding following
building plans, site
"prior destruction"
registration with the
to further assist the
proposes to delete the registration requirement for
destruction by natural causes. Information available from
plans and tax records would be sufficient for determining
density or floor area. However, the procedure for
City would remain intact and available for property owners
City in verifying such information.
One citizen spoke in objection stating it would be better to open up the
registration date indefinitely.
The Planning Director responded stating they are not taking away the right
to register. The effect of the ordinance is to make the registration time-frame
unlimited. She pointed out the City has never stated that property will not be
down-zoned if it has been registered.
A petition with 29 signatures in support of the ordinance was submitted.
The City Attorney presented Ordinance 4416-87 for first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4416-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
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29.
7/16/87
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Item fin - Public Hearint!: and First Reading. Ordinance 4417 -87 -Land
Development Code Amendment to Section 136 .020( e) to define "Persons" as the
term is used in the Dimensional and Numerical Development requirements for
Family, Group and Congregate Care Facilities and Section 136.022(f)(4)
relating to off-street parking requirements for Group Care Facilities
(LDCA 87-5) (POD).
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An order issued by a Hearing Officer in 1986 pertaining to an appeal of a
decision by the Planning and Zoning Board to deny the expansion of an adult
congregate living facility recognized that there was a dispute as to the meaning
of "persons" when used in the context of determining dimensional and numerical
development requirements for family, group and congregate care racilities.
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A definition of "persons" as provided in this ordinance is: all persons
residing on the premises, including but not limited to cared-for individuals,
foster parents and supervisory personnel, regardless of age.
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This de finition is suggested as opposed to de fining the term "resident"
which is now defined within Florida Statutes in a manner which does not
correspond to the regulatory mechanism ror group homes in the Clearwater Code of
Ordinances.
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The City Attorney presented Ordinance 4417-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4417-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
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Item /114 - Public Hearing and First Reading, Ordinance 4418-87 - Land
Development Code Amendment to Section 137.005(a) to define the term "Existing
Grade" ( LDCA 87 -7) (POD)
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Fence and wall heights are presently measured from existing natural grade.
There have been occasions where walls have been constructed to a height in
excess of that allowed by code and, in the face of enforcement proceedings, fill
was placed at the foot of the walls which disputedly raised the existing natural
grade and brought the wall height into compliance.
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30.
7/16/87
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The City Attorney presented Ordinance 4418-87 for rirst reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4418-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
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The Planning and Zoning Board on June 30, 1987 recommended approval of the
ordinance with additional language to provide for a stay of the board's decision
when notice of appeal has been filed and language addressing judicial review.
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Item IJ:15 - Public Hearing and First Reading, Ordinance 4419-87 - Land
Development Code Amendment to Section 137.013 relating to Appeals to the
Hearing Officer from decisions rendered on Variances and Conditional Uses and
Sections 137.021 , 131.024, 137.025, 137.026 and 137.027 relating to Powers
and Duties of the Hearing Officer, and the Notice and Hearing requirements for
Appeals to Hearing Officers (LDCA 87 4) (PUD).
This ordinance proposes several changes to the Land Development Code in an
effort to clarify who may appeal a decision of the Development Code Adjustment
Board on a variance or of the Planning and Zoning Board on a conditional use.
The procedure for conducting a hearing has been revised to more closely reflect
current practice. In addition, new guidelines are suggested for the hearing
officer to follow in rendering a decision.
At the request of the City Clerk, some refinements are offered in this
ordinance to the publication and mailing requirements for items governed in the
Land Development Code requiring public hearing.
The Development Code Adjustment Board on June 25, 1987 recommended that the
appeal hearing should be handled as an appellate rather than a de novo
procedure.
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Six citizens spoke citing concern with the way the ordinance is written,
expressing a preference that it be an appeal hearing rather than denovo, that
the hearing officer hearings continue to be advertised in the paper, and that
the City should limit the power it gives to the hearing officer. A specific
suggestion was made to amend the Ordinance so the time frame in Section 137.013
(d)(5) coincides with the time frame in Section 137.013 (f)(5).
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Considerable discussion ensued regarding the current system working well as
only a small percentage of decisions of the Boards are overturned; and that the
ordinance is merely to clarify some of the ambiguous points that have been
brought out in various hearing officer orders. The consensus was that the
hearings should not be denovo, but that new evidence should be allowed.
One attorney, representing several churches, felt the hearings should not
be denovo. The Chaiman of the Development Code Adjustment Board stated the
Board is strongly opposed to a denovo hearing, and feels if new evidence is to
be allowed, they would prefer the applicant be sent back to the boards before
going through the appeal process.
The City Attorney presented Ordinance 4419-87 for first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4419-87 on first
reading with direction to staff to amend the ordinance to indicate Hearing
Officer hearings are not denovo proceedings but new evidence will be allowed.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Winner, Nunamaker and Garvey.
"Nays": Berfield and Regulski. Motion carried.
() The aeet.1ng receased 11'01I 10: 58 to 11: 05 p.m.
(Book 40)
31.
7/16/87
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Item #16 - Public Hearin~ and First Reading, Ordinance 4420-87 - Amending Code
of Ordinances by Creating Sections 72.11 through 72.18 to provide uniform
operational regulations for all establishments in the City dealing directly
or indirectly with the sale or consumption of Alcoholic Beverages; Amending
Section 136.024 relating to zoning and separation requirements for Alcoholic
Beverage sales; and Repealin Sections 136.025(c)(1) and (2) and 72.01 throu h
72.10 relating to alcoholic beverages. LDCA 87-9) (PUD).
This ord inance proposes a comprehensive revision to the City's review
criteria for granting approval of the sale of alcoholic beverages.
The requirement for change in ownership of a business to be approved as a
condi tional use is to be deleted as well as language t.hat prOVides for a
"sufficiently distant" finding by the Planning and Zoning Board. Rather, a 500
foot separation of alcoholic beverage sales uses from churches, schools,
hospitals or residences will be required except in the Urban Center and Beach
Commercial Districts which are designated as mixed use districts. If an owner
of an alcoholic beverage sales use for consumption on the premises agrees to a
midnight closing, the separation requirement may be waived.
Guidelines for measurement of separation distance are provided and
"grand fathering " provisions are established.
The Planning and Zoning Board on June 30, 1987 made the following
recommendations: 1) As to Section 136.024(a) and (b), the Board unanimously
recommended that the condition of' "change of business ownership" remain in the
ordinance as a condition requiring conditional use approval by the Board; 2) As
to Section 136.024 (d)( 1), the Board recommended approval 3 to 2 i and 3) the
Board recommended approval unanimously for the remainder of the ordinance.
o
The Planning Director stated she felt it was inappropriate for the Board to
review requests for change of ownership. The City Attorney stated the distance
would be measured from the outside of the building to the adjacent property
line.
There was discussion regarding combining churches, schools and residential
areas in the same category and that establishments with outdoor areas need to be
addressed differently than those that are totally contained in a bUilding.
There was some question as to how to differentiate between the types of
operations in order to determine which establishments might be eligible for the
distance requirement waiver. Suggestions were made that it would be better to
measure the distance property line to property line and that residential should
be addre~sed as a separate issue with regards to exempting certain
establishments from the distance requirement if they close earlier. There was
a feeling there would be less impact on a church and school in the later evening
hours than there would be on a residential area.
An attorney representing several churches stated they strongly object to
haVing alcoholic beverage establishments closer than 500 feet and feel a change
of business ownership should be heard by the Board and trigger compliance with
the ordinance. They also feel the requirement for a 1 ,000 sq. ft. minimum floor
area should not be eliminated.
()
(Book 40)
32.
7/16/87
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Ellen Hardgrave, representing MADD, stated they felt it was important that
the 500 foot distance from churches, schools, residential areas and hospitals be
kept.
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Thirteen citizens spoke citing concerns with: making exceptions to the 500
foot distance requirement; the noise from the establishments; that Clearwater
Beach and downtown Clearwater should not be exempted; and that change of
ownership should come before the Planning and Zoning Board for a conditional use
approval.
A representative of one of the churches submitted a petition with 611
signatures in support of keeping the 500 foot separation distance.
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establishment is a restaurant or bar.
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Commissioner Berfield moved to coot-moo this item to August 20,
The motion was duly seconded and carried ~~animously.
1987 .
Item #17 - Second Reading, Ordinance 4425-87 - Vacating a portion of a drainage
and utility easement lying in Lot 1, Montclair Lake Estates running S from
Union St. (DeLuca 87-05).
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The City Attorney presented Ordinance 4425-87 for second reading and read
it by title only. Commissioner Berfield moved to continue this item. The
motion was duly seconded and carried unanimously.
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Item U18 - Second Reading, Ordinance 4440-87, Relating to Domesticated Animals
- Repealing Code of Ordinances Sections 91.24 which prohibits the keeping of'
barking dogs and 91.26 which prohibits the hitching of a horse or other animal
to a shade tree on any City street.
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The City Attorney presented Ordinance 4440-87 for second reading and read
it by title only. Commissioner Regulski moved to pass Ordinance 4440-87 on
second reading. Motion was duly seconded. Upon roll call the vote was:
':
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
":i'.
"Nays":
None.
'.
.':.
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Item #19 - Second Reading, Ordinance 4441-87 , Relating to Traffic and Motor
Vehicles - Creating Section 121.12, Code of Ordinances, to provide that the
continuing violation of any of the provisions of Chapter 121, Code of
Ordinances, shall constitute a separate offense for each hour that the violation
occurs, subject to certain limitations.
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The City Attorney presented Ordinance 4441-87 for second reading and read
it by title only. Commissioner Regulski moved to pass Ordinance 4441 87 on
second reading. Motion was duly seconded. Upon roll call the vote was:
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"Ayes" :
Regulski, Winner, Nunamaker and Garvey.
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(Book 40)
7/16/87
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Item 1~20 - Second Reading, Ordinance 4443-81 - Approving a Bond Resolution
of the Community Redevelopment Agency of the City of Clearwater which authorizes
the Issuance of Bonds to finance certain redevelopment projects.
The City Attorney presented Ordinance 4443-81 for second reading and read
it by title only. Commissioner Winner moved to pass Ordinance 4443-81 on second
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Regulski, W'lnner, Nunamaker and Garvey.
"Nays": Berfield. Motion carried.
crn HARAGER REPORTS
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x - Consent Agenda - Approved as submitted less Item #24.
Advisory Boards
Hotif'ications
Received.
Item #21 - Parks & Recreation Board (2 members) (CLK).
Agreements - Approved.
Item 1~22 - Lease Agreement, United States Coast Guard Auxillary - 5 year
renewal between Clearwater' Flotilla 11-1 of the USCG Auxillary & the City for
continued operation at the AuxilIary Communication Center at Clearwater Marina
(MR) .
Item #23 - Lease Renewal, Coast Guard Cutter Pt. Swift- USCG lease #DTCG28-82-
L-00009, providing dock space for USCGC Pt. Swift at the Municipal Marina for
period 10/1/87 9/30/88 for $200.00 per month (MR).
Item #24 - See Page ~
Bids . Cont;raots
Approved.
Item /}25 - Purchase of fourteen (14) Model AT1183 Comput~.. 'l'erminals - Data
Access Systems, Inc. for $13.560.00 for emergency replacement. of terminals
damaged beyond repair by a lightning strike at the Police Dept. (CS).
Plans & Plats - Approved.
Item 1126 - Preliminary Subdivision Plat for The Clearwater Collection located
NW of the intersection of U.S. 19 & Drew St.; M&B 44.01, Sec. 7 29 16 (Rothman)
SUB 87-9 (PUB) subject to the following conditions: 1) A 10 ft. utility
easement be centered over' all water mains up to and including meters, hydrants
and detector checks; 2) An ingress-egress easement be given to the city for
maintenance of utilities and sanitation services; and 3) An easement be given
over the Aquatic Lands Interior zone in accordance with the requirements of
the Environmental Division of the Engineering Dept.
Receipt and Referral - Received and referred to proper departments.
o
Item #27 - Petition for Annexation & RS 8 Zoning for a .13 acre parcel located
on the E side of Pineland Dr. appx. 300 ft. N of Overbrook Rd.; Lot 1, Jade
Height.s Sub., Sec. 3-29-15 (O'Hanrahan, Jr.) A 87-27 (POD).
(Book 40)
34.
7/16/87
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Item #28 - Land Use Plan Amendment from Low Density Residential to Public/Semi-
Public and a Zoning Amendment from RS-8 to P/SP for a .12 acre parcel located
on the N side of Lakeview Rd., appx. 200 ft. E of Byron Ave.; Lot 112, Ardmore
Place Replat, Sec. 22-29-15 (Lakeview Baptist Church of Clearwater) Z 81-13,
LUP 87-18 (POD).
Item # 29 - Petition for Annexation, Public/Semi Public Zoning and a Land Use
Plan Amendment from Low Density Residential to Public/Se:ni-Public on property
located 342 ft. W of Highland Ave. at the Southern Terminus of Weston Dr.;
M&B 33-04, Sec. 2-29.-15 (HOlland) A 87-28, LUP 81-19 (POD).
"
Commissioner Winner moved to approve the consent agenda, less Item #24, and
that the appropriate officials be authorized to execute same. Motion was duly
seconded and carried unanimously.
Item 1/24 - Youth League Agreements - Amendments to Agreement dated May 12,
1981 between the City & Countryside J~ Cougars, Inc. & Agreement dated Dec. 18,
1986 between the City & Clearwater American Little League, Inc. (PR).
The City Attorney stated he amended paragraph
requiring the Leagues to give notice to contractors
municipally owned and therefore not subject to lien.
16 of the agreements
that the property is
. h.
Commissioner Regulski moved to approve the amendments to the Youth League
Agreements as revised and that the appropriate officials be authorized to
execute same. Motion was duly seconded and carried unanimously.
II - Other Items on City Manager Reports
'. .' .
.,. .
Item 1/30 - First Reading, Ordinance 4438-8'1 , Relating to the Utility System
Amending Section 50.05 (d), Code of Ordinances, mOdifying and increasing the
fees for Detector Check Valve installations on fire lines and for Fire Hydrant
installations (OT).
Existing charges for detector check valve and fire hydrant installations by
City forces have not been revised for several years and are inadequate to cover
City expenses for this work. This ordinance modifies the fee structure for
these ins.tallations by separating costs for installation of a required device
from any required taps on existing City water mains. Detector check valves are
frequently retro fitted or installed on new fire lines installed by developers.
Consequently, including a tap fee with installation costs is inappropriate. The
increase of fees for the installations reflects present expenses incurred by the
City for this work.
Detector check valves are required on fire lines for two reasons: First, to
provide some protection to the public water supply by isolating the stagnant
water within the fire line on the customers' premises. Secondly, the bypass
meter installed with the detector check valve discloses illegal water use and
leaks on the fire system.
The City installs fire hydrants for private developers on City right of way
when required by the Fire Department and upon receipt of the appropriate fees.
(Book 40)
35.
1/16/81
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1
The City Attorney presented Ordinance ~438-ti7 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4438-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
'" .
(")
'-"
"Ayes": Berfield, Regulski, '/linner, Nunamaker and Garvey.
"Nays": None.
" ~'.
Item /131 - Girls Clubs, Grant Amendment to the funding agreement with Girls
Clubs of Pinellas County, Inc., granting an additional sum of $3,944.76. (POD)
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The City currently provides financial assistance to Girls Clubs of Pinellas
County, Inc., in the operation of its club program at Condon Gardens in the
amount of $10,169. This consists of $9,675 under the agreement with the City,
plus $494 of additional support for a Community Services Block Grant match.
These f'unds are used to pay costs of program instructors, utility, telephone,
and general operating costs of the program. An average of 33 girls are served
daily.
The Girls Clubs has requested additional support of $6,925 in order to
continue the Condon Gardens program through the critical summer months. Lack of
additional support would be detrimental to this program and the positive effect
it has on Condon Gardens.
Based upon maintenance of current funding levels for social agencies, there
is $3,944.76 available in budgeted funds with which to partially satisfy the
request.
o
Commissioner Regulski moved to approve the Grant Amendment with the Girls
Clubs of' Pinellas County, Inc., granting an additional $3,944.76 and that the
appropriate officials be authorized to execute same. Motion was duly seconded
and carried unanimously.
Item 1132 - Community Services Trust Fund Grant Application for $8,180 from
the State of' Florida Community Services Trust Fund and Resolution 87-31
authorizing the Execution and Filing of the Grant Application (POD).
The State Legislature has appropriated funds f'or the Community Services
Trust Fund for 1987-88 to be made available to local governments for human
service programs. Applications must be filed by August 1, 1987 for the program
year beginning October 1, 1967. Staff has prepared the application funding two
agenCies providing needed community services which have been funded through this
grant previously. There is $8,180 available. There is a required local match
of $8,180 which is budgeted each year.
The application, if approved, and any subsequent contract may be amended
prior to June 30, 1988.
Commissioner Winner moved to pass and adopt Resolution 87-31 and authorize
the appropriate officials to execute same. Motion was duly seconded. Upon roll
call the vote was:
"Ayesll: Berfield, Regulski, Winner, Nunamaker and Garvey.
"Naysll: None.
o
(Book 40)
36.
7/16/87
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,
Item 1133 - Tentative Millage Rate of 5.0000 for Fiscal Year 1987/88; Set
Public Hearings on the Budget for September 3, 1~87 & September 17, 1987 (CM).
()
In accordance with the TRIM Bill process it is necessary for the City
Commission to adopt a tentative millage rate prior to finalizing and adopting
the Budget. The tentative millage rate will be included in the TRIM Bill
notices sent to taxpayers in the middle of August and can not be increased
without special mailing; however, the millage rate may be decreased prior to the
adoption of the final budget.
An increase of .5442 mills over the current rate of 4.4558 mills is
recommended ror FY 87/88. If the recommended 5.0000 mills rate is adopted, all
advertising requirements will indicate a tax increase of 16.9% over the rolled
back rate or 4.2754 mills. The rolled back rate according to the State's
definition is a millage rate which exclusive of new construction, additions to
structures, deletions, and property added due to geographic boundary changes,
will provide the same ad valorem tax revenue as was levied the prior year.
". '.>
'.... .
l
In order to avoid any advertised increase, the rate of 4.2754 mills would
have to be adopted, generating $14,880,059, requiring $2,521,891 reduction in
the recommended bUdget.
o
The recommended millage would have the following effect on a Clearwater :
property tax bill:
No Increase 3J Increase
In ASS83911lent In Assessment
1981 1988 J Change 1981 1988 J Change
Taxable Value $50,000 $50,000 0 $50,000 $52,250 4.5%
Millage Rate 4.4558 5.0000 12.2% 4.4558 5.0000 12.2%
Taxes Levied $222.79 $250.00 12.2% $222.79 $261.25 17.3%
The Commission emphasized the reason for the increase was not due to recent
events but because revenues have decreased and Federal Revenue Sharing has been
discontinued.
Commissioner Regulski moved to establish the tentative millage rate of
5.0000 for FY 87/88 and to set the Public Hearings on the budget for September
3 and September 17, 1987 after 6:30 p.m. and that the appropriate officials be
authorized to execute same. Motion was duly seconded and carried
unanimously.
III - Other Pending Matters - None.
XIII - Verbal Reports
The City Manager requested the Assistant Public Works Director explain the
landscaping at the nursing home in the vicinity or Oak Creek Drive.
The Assistant Public Works Director stated there is a fifteen foot
landscape burter required between the nurSing home and the residential area.
Public Works approved a landscaping plan which includes plantings and walls and
exceeds nonnal landscaping and will, in time, grow to be the type of buffer that
is required. The Engineering Dept. is opposed to a be~ because of drainage in
the area.
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(Book 40)
31.
1/10/87
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Discussion ensued as to whether this would meet the stipulations that were
placed on the site plan by the Commission. Several Commissioners relt the
developer had not fulfilled his promises and questioned why the existing trees
had to be destroyed. They also questioned why most of the shrubbery would be
-:" placed on the developers side of the wall. They requested the landscaping be
~) evaluated periodically to make sure it continues to thrive.
The Assistant Public Works Director stated the shrubbery had to be placed
inside the wall due to drainage problems. The Planning Director indicated that,
as this is a requirement of the si te plan, the landscaping has to be
maintained.
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CITY ATTORNEY REPORTS
nv - First Reaclbg Ordinances
, :
Item It34 - Ordinance 4435-87 - Zoning Atlas Amendment from PISP (Public/Semi-
Public) to CN (Neighborhood Commercial) by rezoning a parcel located on the
E side of ,Clearwater Largo Rd., appx. 550 ft. S of Woodlawn st.; H&B 44-18,
Sec. 21-29-15 (Jones PH 5/21/87) Z 87-6.
, '
The City Attorney presented Ordinance 4435-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4435-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
P.
, "
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
o
Item 1135 - Ordinance 4436-87 - Amending Ord. 2019 to change Land Use
Designation from PISP (Public/Semi Public) to Commercial/Tourist Facilities
for M&B 44-18, Sec. 21-29-15; LUP 87-11.
The City Attorney presented Ordinance 4436-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4436-87 on fi~st
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #36 - Ordinance 4444-8'7 - Vacating a portion of an existing drainage &:
utility easement located on the W side of Lot 13, Blk. D, Northwood Estates
Tract F, Sec. 29-28-16 (Shugarman) V 87-07.
The City Attorney presented Ordinance 4444-87 for first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4444-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
A
U
(Book 40)
38.
7116/87
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xv - Other City Attorney Items
o
The City Attorney requested the Commission approve a settlement in the case
of William Dover VB. the City et al regarding the child who was struck by a car
and ki]led. The settlement agreement is for a total of $200,000 and the City's
share is $76,000.
Commissioner Regulski moved to authorize the settlement in the amount of
$76,000. The aotion was duly seconded and carried unanimously.
XVI - Other Commission Action
The
$100,000
but has
organization.
think about it
stated she was approached by the Florida Orchestra to commit
period of five years. The City of Tampa has committed $250,000,
conditioned this upon other cities also making a contribution to the
It was the consensus of the Commission that they would like to
and the matter should be brought up at the next meeting.
Mayor
over a
"
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Commissioner
the bayfront
$1 million as a
excessive in view
Nunamaker requested
property owned by Norman
gift back to the City.
of the fact most of the
the Commission consider the purchase of
Bie. The price would be $2 million with
The City Manager stated this price is
property is submerged land.
Commissioner Regulski requested the
analysis regarding what the dollar risk is
City Attorney responded he would prefer
writing.
quarterly litigation report
and the cost and gain if we win.
not to put that type of
show an
The
information in
XVII -Adjournment
o
The meeting adjourned at 1:10 p.m.
Attest:
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(Book 40)
39.
'{/16/87
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FIlIAL AGENDA
CITY COMMISSION MEETING
August 6, 1987
(6 p.m.)
WELCOME. We are glad to have you join us. If you wish to speak please wait to be
~cognized, then state your name and address. Persons speaking before the City
'~ommission on other than Public Hearing items shall be limited to 3 minutes. No person
shall speak more than once on the same subject unless granted permission by the City
Commission.
i'
I
" J.
ACTIOH
AGEHDA
I. Pledge of Allegiance
II. Invocation
I.
II.
Mayor Garvey
Father Hendry, St. Cecelia
Catholic Church.
Exchange of presents; dances
& songs by students.
None
Proclamation:
Water Pollution Control
Operators' Week. August 16-23.
1981.
Approved as submitted.
III. Presentation: Nagano City, Japan,
Student Exchange Program
IV. Service Pin Awards
V. Introductions and Awards
III.
IV.
V.
"
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VI. Minutes of Regular Meeting July 16,
1987
VII. Presentation
a) Charles N. Castagna, 75th Diamond
Jubilee
Citizens to be heard re items not on
VI.
Vll.
Presented plaque for Pioneer
Founder Arthur Campbell Turner
& gave brief biography.
Howard Groth complained re
quality of picture and sound
of Commission meetings broadcast
on Vision Cable.
VIII.
,~
'-.. .
Hot Before 6:30 P.M.
Scheduled Public Bearings
Presentation of issues by City
staff.
(2) statement of case by applicant (or
representative) - 5 ainutes.
Statement of case by opposition
5 a1nutes..
(4) Commission Questions.
(5) Comments in support and comments in
opposition: (a) individual -3 minutes;
(b) spokesperson for groups - 10 ainutes.
(6) Commission questions.
(7) Rebuttal by opposition - 5 minutes.
(8) Final rebuttal by applicant or
(representative) - 5 minutes.
IX
PUBLIC BEARINGS
9. Vacation Request, 87-09 (Stowell)
Rogers St. from the SE corner of Lot 7,
Wm. Brown's Sub. to the SE corner of Lot
8, Bay Heights together with a 10 ~t ROW
easement lying along the N side of lot
12 less the E 10 ft, along the N 10 ft
of the E 104.5 ft of Lot 11, Wm. Brown's
Sub. located at Rogers st. W of Thorton
Rd. (PW)
9. Approved with conditions.
w
40
August 6, 1987
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10.
Zoning Atlas amendment from OL to AL/I
for a 1.02 acre parcel located on the
W side of McMullen Booth Rd appx 575 ft
N of SR 590. Portion of M&B 33-03, SW
1/4 4-29-16. (The Babcock Co.) Z 87-10
(POD )
LUP amendment from Commercial/Tourist
Facilities to Public/Semi ~ublic and a
zoning amendment from eR 24 to PISP for
a .22 acre parcel located on the SW corner
at the intersection of Royal Way &
Poinsettia Ave. N 100 ft of Lot 9, Blk
B, Mandalay Replat Unit 5 of Blocks 85,
86,5-29-15. (Euler) LUP 87-15, Z 87-11
(POD)
(Cont'd tras 7/16/81) Land Development
Code amendment to section 135.086
Conditional Uses and 136.025 Conditional
Use Standards to address noncommercial
parking the Limited Office District. (LDCA
87 3) Ord 4415-87 (POD)
Petition for Annexation, P/SP Zoning and
a LUP amendment to Public/Semi Public
on Parcel B, RPD 8 Zoning and LUP
amendment to Low Density Residential with
Final RPD Master Site Plan for Regency
Oaks Retirement Center on Parcel A, for
property located W of Soule Rd, S of 10th
Ave S. M&B 21.00 (Sylvan Abbey Memorial
Park, Inc.) Annex 87-24, LUP 87-16, PSP
87 -19 (POD)
(Continued f'J"ClII 7/16/81) Second Reading
Ord. 4~25-87 Vacation of a portion of
a drainage and utility easement lying
in Lot 1, Montclair Lake Est running S
from Union St. (DeLuca 87-05)
Second Reading Ord. 4435-81 Rezoning
parcel located on the E side of Clearwater
Largo Rd, appx 550 ft S of Woodlawn St,
from P/SP to C~. (Jones PH 5/21/87
Z 87-6)
Second Reading Ord. 4~36-61 Amending
Ord. 2019 to LUP for parcel in Ord. 11435-
87 from P/SP to Commercial/Tourist
Facilities. (LUP 87-11)
Second Reading Ord. 4~38'81 Amending
Section 50.05(d), Code of Ordinances,
to increase the fees for detector check
installations on fire lines, and to
increase the fees for fire hydrant
inst.allations.
o
11 .
12.
13.
o
14.
15.
16.
17.
~
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41
10.
Approved
11.
Approved
12.
Continued to 8/20/87
13.
Approved Annexation & Zoning;
approved site plan with conditions.
14.
Ord. q425-81 adopted
15.
Ord. q435-81 adopted
16.
Ord. 4436-81 adopted
17.
Ord. q438-81 adopted
August 6, 1987
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I
x
18.
Second Reading Ord. 4444..81
of a portion of an existing
utility easement located on
of Lot 13, Blk D, Northwood
F (Shugarman 81-07)
18.
Ord.
41144 --61 adopted
Vaca tion
drainage &
the W side
Estates Tract
'~
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CITY HlHlGER REPORTS
CORSERT AGENDA
x
Approved as Sublrltted less
Item 128
Agreements
19.
Adopt A Park Agreement with Mr. Fred A.
Thomas, Pinch A Penny, for the Aster
Street End ROW on CleaFwater Beach.
(PR)
Bids & Contraots
o
24.
27.
20.
Concrete Radio Buildings. Two (2)
buildings from Concrete
Ft. Myers, $129,100.00
21.
prefabricated
Systems, Inc,
(CS)
Pilings for Marina Upgrade Project.
pilings, Langdale Forest Products
Valdosta, GA, $14,071.80.
Hydrogen Sulfide Odor
Peroxidation Systems,
(PW)
Street Repairs
$22,221.25 for Rogers St.
Emergency Repair of Druid Rd. Overstreet
Paving Co. $8,620.90. (Pi B&C)
1987 Plant Mix Resurfacing/Leveling
Contract (87 19) R. E. Purcell Const.
Co., Ozona, $459,855.00. (PW)
1987 Street Surface Treatment Contract
(87 20A) Bipas Group, Inc., Hamlet, NC
$184,380.00. (Pi)
Eddie C. Moore Parking Lot Contract (86-
50) Overstreet Paving Co., Largo
$40,761.75. (PW)
Eme~gency Repair Breeze Hill
Replacement Contract (8'7-43).
Approved
108
Co,
22.
(MR)
Control
Inc. $295,380.72
Overstreet Paving Co.
(N)
25.
26.
28.
28.
Storm Sewer
(PW)
CbaDge Orders
(':'\
:u
29.
Stonn Water Protection for East
tlCL 85073 3
C.O. 1/1
Pollution Control Facility
+$26,643.00.
(PW)
42
August 6, 1987
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Citizen & Staff' Requests
32.
Grant Award from Tampa Bay Library
Consortium of $8,500 for retrospective
record conversion. (LIB)
Lobbyist Service Jim Massie.
$12,629.82. (eM)
PACT Educational Center Building Permit
Fee Waiver -Remodeling of property at
1337 & 1339 McMullen Booth Rd. (CM)
CDBG Housing Assistance Plan,
1987 1988. (POD)
Special Election, November 17, 1987
$15,000.00. (CLK)
Application for Grant Funding - Police
Officer for Martin Luther King Center.
$13,210.00. (PD)
33.
34.
35.
Leases
36.
37.
Sublease of office space &
the Garage Annex (Formerly
to Clearwater Car Rentals.
one year lease. (CS)
Lease Agreement with Clearwater Housing
Authority for the Condon Gardens
Substation. (PD)
Lease -Marine Sales Store. Rooms 2, 2A
& 3 to Jo Ann G. Warden d/b/a Marine
Sales Store for $51,000.00 plus 8% of
monthly gross revenues exceeding
$10,625.00. (HR)
deck area
Ken Marks
Extension
at
Ford)
of
38.
Plans & Plats
39.
Preliminary Site Plan for 650 Island Way,
a Multiple Family Development located
at the NW corner of Island Way & Harbor
Passage (610 Island Way Development Corp.)
M&B 31-03 and a portion of M&B 31-01,
8-29 -15. PSP 87-22 (POD)
Preliminary Subdivision Plat for Sofarelli
Replat located on the S side of JOhn's
Parkway, appx 950 ft. W of Bayshore Blvd.
Lot 1, John's Parkway SUb., 16-29-16 U
the easterly 25' portion of M&B 24-02,
16-29-16. (Michael A Sofarelli) Sub 87-10
(POD)
40.
43
August 6, 1987
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Receipt & Referral
42.
Petition for annexation & RS 8 zoning
for a .20 acre parcel located on the N
side of Downing St appx 450 ft. E of
McMullen Booth Rd. Lot 6, Downing Sub,
16-29-16. (Keegan) Annex 87 29 (POD)
Petition for annexation & RS 8 zoning
of a .2 acre parcel located on the S side
of Parkwood St appx 200 ft E of Betty
Lane. Lot 7, Blk B, Pine Ridge Sub,
10--29-15. (Henry) Annex 87-30 (POD)
LUP amendment from Residential/Office to
Industrial & a zoning amendment from OL
to IL for a .15 acre parcel located on
the N side of Tuskawilla St appx 200 ft
W of Myrtle Ave. Lot 11, Blk 16, Milton
Park Sub, 21-29-15. (Lollis/Supulski)
LUP 87-20, Z 87-14. (POD)
LUP amendment from Commercial/Tourist
Facilities to Residential/Office for
Parcel #1 (1.65 acres) and a zoning
amendment from OG & CH to OL for Parcels
#1 & #2 (6.12 acres), total parcel
containing 7.77 acres and located between
Old Coachman Rd & the FL Power ROWand
the service road for US 19 and appx 700
ft N of Gulf to Bay Blvd. Portion of M&B
14-04, 18-29-16. (Hunsi/Al
Jeraisy/Bamogaddam) LUP 87-21, Z 87-15
(POD )
Land Development Code Amendment to section
135.157 use limitations to require
screening of outdoor electrical facilities
and outdoor storage for Public Works
facilities within the Public/Semi Public
zoning district. (LDCA 87-10) (POD)
Land Development Code amendment to section
134.015 Nonconforming Signs, to: (1) allow
nonconforming signs to be relocated on
the same property to reduce acquisition
costs, and (2) prohibit the repainting
of nonconforming wall signs (LDCA 87-11)
(POD)
i
i.
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43.
44.
45.
46.
CITY ATTOBIIEY
Deeds & Easements
47. 5 ft. sidewalk easement conSisting of
the N 5 ft of Lot 1, John's Parkway Sub.
(Michael A. Sofarelli)
44
August 6, 1987
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55.
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48.
Deed for Right of Way consisting of the
N 30 ft begining at the NW corner of Lot
1, John's Parkway Sub. (Michael A.
Sofarelli)
10 ft. water & gas main easement & an
ingress & egress easement for refuse &
garbage collections lying in that part
of the N 1/2 of the SE 1/4 of the NW 1/4
of 9-29-16, S of the centerline of
Alligator Creek, less the W 50.00 ft for
road ROW. (One Kapok Terrace, Ltd.)
15 ft. sewer line easement lying in the
NW 1/4 of 21-28-16. (Landmark Place Joint
Venture)
50.
n
OTHER ITEMS OR ern MlRAGER REPORTS
51.
(Continued fros 7/6/81) Sale of S 35 Ft.
of the N 126 Ft. of Blk E, Eldridge Sub.
(PW)
False Alarm Ordinance No. 4460-87
First Reading. (CM)
Non Voting members of Downtown Development
Board & Community Redevelopment Agency
Confirm appointment of Ed Armstrong &
Chuck Finegan to CRA, designate
Commissioners to serve on DDB. (CLK)
Continued to 8/20/87
51.
52.
52.
Ord. 4460-81 passed
1st reading.
Confirmed Appointment of Ed
Armstrong & Chuck Finegan as non
voting members on CRA; Designated
Mayor Garvey & Commissioner
Regulski as non voting members
of DDB.
Appointed Betsy Hixson & John
Shuttleworth.
Approved.
53.
53.
Parks & Recreation Board (2 members)
Appoinblent. (CLK)
Mutual Aid Agreements with neighboring
Law Enforcement Agencies Pinellas County
Sheriff's Dept, Largo PD, Dunedin PD,
Belleair PD & Belleair Beach PD. (PD)
54.
55.
m
Other Pending Matters
XIIX
Consensus to meet at the County
Emergency Operations Center for
prior to next Worksession.
The City Manager reported he will
be asking for Commission approval
to use search finn in hiring Deputy
City Manager for Operations.
Verbal Reports
nIl
CITY A'nORREY REPORTS
XIV
First Reading Ordinances
56.
4407 87 Annexation of Lot 14, Blk
C, Pine Ridge Sub. into the City.
(Brinson - PH 5/7/87)
56.
Ord. 41101-61 passed
1 st reading
45
August 6, 1987
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58.
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59.
4_08-81 Zoning property annex. in
Ord. 4407-87 as RS 8. (A 87-13)
4_09-81 Annexing Lots 20 through 23,
Blk 0, Temple Terrace 1st Addition into
the Corporate City Limits. (Executive
Portfolio - PH 5/7/87)
4_'0;81 Zoning property annex in Ord.
4409-87 as OL. (A 87 12)
~11 81 Amending Ord. 2019 to LUP
for prop. annex in Ord. 4409-87 from
Commercial/Tourist Facilities to
Residential/Office. (LUP 87-8)
4_,2-81 Annex of Lots 3 through 7,
Block A, Oellwood Heights Sub. into
Corporate City Limits. (Austin/Pappalardo
-PH 5/1/87)
4_'3-81 Zoning prop annex. in Ord.
4412-87 as OL. (A 87-14)
4_14-81 Amending Ord. 2019 to LUP
for property annex in Ord. 4412-87 from
Industrial to Residential/Office. (LUP
87-9 )
4426-81 Annex of Lots 106 & 101,
& Portions of Lot 157, Clearwater Manor
Sub. into Corporate City Limits.
(Oelashaw/Sellmann/Sizemore/Forste PH
5/21/87)
4-27-81 Zoning Prop. Annex. in Ord.
4426-87 as RS 8. (A 87-15)
4428-81 Annex of Lot 15, Blk A, Kapok
Terrace Sub into Corporate City Limits.
(Bohl - PH 5/21/87)
4_29-81 Zoning prop. annex in Ord.
4428 87 as RS 6. (A 87-16)
~30-81 Annex of Lots 8 & 9, Blk. A,
Harbor Vista Sub. (Dixon -PH 5/21/81)
4-31-81 Zoning prop annex in Ord.
4430-B7 as CN. (A 87-17)
4432-81 Amending Ord. 2019 to LUP
for prop annex in Ord. 4430-87 from Low
Density Residential to Commercial/Tourist
Facilities. (LUP 87--10)
4'33-81 Annex of Lot 33, Terra Alto
Estates into Corporate City Limits.
(Samson/Bengston -PH 5/21/87)
4434-81 Zoning prop annex in Ord.
4433 87 as RS 8. (A 87-18)
4"5-81 Vacating that portion of
Braund St. lying S of the Easterly
extension of the S ROW line of Regal Rd
in Solar Crest Sub. (Wilkes -PH 7/2/87)
,'j
57.
58.
Ord. 4408-81 passed
1 st reading
Ord. 4409-81 passed
1 st reading
60.
61.
62.
63.
64.
65.
67.
68.
69.
70.
71.
72.
73.
46
59.
Ord. 4410~1 passed
1 st reading
Ord. 4411-81 passed
1st reading
60.
61.
Ord. 4412-81 passed
1st reading
62.
Ord. 4413-81 passed
1st reading
Ord. 4414-81 passed
1st reading
.. ,
63.
.. -'J
~., Of
64.
Ord. 4426-81 passed
1st reading
65.
66.
Ord. 4421-81 passed
1st reading
Ord. 4428-81 passed
1st reading
67.
68.
Ord. 4429-81 passed
1st reading
Ord. 4430-81 passed
1 st reading
Ord. 4431-81 passed
1st reading
Ord. 4432-81 passed
1st reading
69.
70.
71.
Ord. 4433-81 passed
1st reading
72.
Ord. 4434-81 passed
1st reading
Ord. 4445-81 passed
1st reading
73.
August 6, 1987
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