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07/16/1987 ,I" D':' " , ' \:, .', . r- . ~ '. ~~.~W~t;r~~~tNI~~".~~~""$~"'lIl~__ .:-..i.!' .. 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 p 1 '.." f7 " ,,' " ... . I " r- ~ , . ." .' "(. ';4i~~latt.'1~''n1~~ . . ...~~~?,."f~"*,~:f'!l'T).Il!.i:J!n,'rt.l\'''''''W-t ._..~~q~<lt':.~....'t~~........"h>lil~ () 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).(.... I 't' ~~ \,:.:; . 20. July 16, 1987 r- r " , r- ,. .... . ';.r (. .;Q..tL'Wz-r.-r.~~;.Jt,"In~t7"""'''Ni!t''''''-__'__'_ ...-._......IU'lf:ll:\"=~..:'Ur..._____...~....... p#,j,q",,,,",.-t"''{''('''''''''"~tI<I''l,,,''''J;,..e';t'1;tr~~'r...~''.''~-:.!!';?< :':' ';:';); ~~f:":;'.~.~1t:i7l\~""',,,,______,__~'.'''''~'''''''''_'''''OJo''-''__..__ . _~ .___.......,.''It.,,..~~'''''~Wl~. '. '. .~, .', I 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. 1 I In. f~ <:J <,'\:. . ~ .., .71...... '. ,,'." . . . '.' , ,,,'1 " .-;. ", \, , . ", '.> .'.... ;.. . ".'., , . , , " i" .' -. , ", ~, ,. '4'"" .. . ... I ., 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 '''{''.f, p' ,1:,',,' " .. ,...';.- r:- ~ ,", , , ..._-_..-~------< . _,~"__,___"'''''''~:6~..}!frr~r,,,~~,~,~:;;..~___~_.." 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) ,~ ':8 22. July 16, 1987 '. ~ :<:.: :l~:~:'~~"t:.~~~.. . r r (" .. ~ ,-~~~Ji?;!al~_...._,. ___...~~l!'tiUUM~_____ I 27. o ,C) ~........-..AI...-tN'~~~"7;to~MN,:'lQ~Iiu.,1'r~:;"~k'~~1T'.f7i-lt';f:..1""It~'.t'fYllq;t"_"","""M~k<~i.l1J1(('i!i'-i1;1~~~:\~_ 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 "..''\," ': Q 35. 36. IV XVI ~, ~ ~".I."', .1""',;..<'> ";'.\",(.,,' .. . ~""~"1lt'II:4-~l!A"ll~'l~i1:Jl?~.I'..l",....~ttlt'~rJ5!lll>_~_ ,~~~,' 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 D. ,r- r'..... '. ... ;. r- T: .~~~a~~~....-............."t~~~_fOI'<....,.>;I.pf.:;;r,..<.Y;:!.11!f.~~r.i"f}:,.:;;,~.ttt~'ot,...,M~~~~K\?t 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 <" " .... r-- '., r-- ---,......' . . .. ,. ~. , t' r:-~ ~ :, . '!a~N~r.~i'IJ.:..1."{'nU'!1:'1-~!t.t').\~......,____..~.;,~ "'"""~,,~::!t\.:.~y,~.'I'';~.,:'''':i't.._.......~____~.-,'''''1...:....l.t.'\..~.~'.!\.i:'::o....t."':.~:t.":':yL~,;, ;\:~:rl,".'.'.o;'h.t:-:"""_"'M___~,,_"'Y'kr."tt>l."''''''''ji\''''''_''__.. __ ._---.,.,.....ct."U."......"'JI...:ti'i~P'~,\""J~ i I 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. I i J 1 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. ,', 't 'Ii " Rusty Meese presented Mayor Garvey with the llGood Government Awar'dll from the Clearwater Jaycees. ... ....~. ~~ 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. ~(~;"":":.':i :':'~: ~!:<::,:. ':" ~"''';'''<: '.:. :: l' >. .t.,. . . ...... ,.' . . f': ".....: ...... . ~;~~~~.;:.~.~~;;;:~~~r,~.. ..~ '". . ~~~ ..~~. ~~ r: ',' ~'l-:~";if~'~-">1.~~Y"'~~_~r~tc~~-J<J.,..4~ .' ." ~~""...11".:"f~'f~;Jt~~;:;u.1f:':.f..'\l,'.~-f'.~H\~.t,~!",,,,,~,,,,':~)f)".m~+:::~~~..~.:ll^",~~~~ "._ ,'::1:,:~~\:. ~.;::~~, ....;;... ,;:'~~l;;,it..;;" ;,;,'~,;.':"~)~<,, ,j"~,' ~', :.:;, :. '.. '.... '. .'. '.' .L'.. .;. ,; '!~~"~';~:,"'j~'~;.!:,~":';,;,;,,::;~,"::~'.:,;i;';:'~L:;,;" ,,:::,,'~.,,::,.i:';1l.:',~;;L,~'i~:~1{&~;t~7:::j~i~;~!7;~;,;~ H~i:.r':;;';~:t~i~.r;;:;?"'" '. ,.' . ;.,; ,_,,_~__'e'~"'"'~''''''-''''''_'~~'_''''''~''''''''~''''''.'~''' ....~".,,,.......~-''''-_._-.......,-'''l' ,:.; :.;- ..... .....~, ....,"',.,,_."'..td_~.>..l'ylt'r.'t:~ ~"';f.,....'<t'fIt~~ ."~'.'" ~r......,...,...,.. ....,Jj.~~,'",..t;...~'l' ...~~......T..,'".:..._'. . "",," ....:.~,...:... "~.~ :...".'.....>.-,1*'., .....4.. .j....,..! ~.;.:::t~.'r.~.r/!,;:.:...~.....,:t'...~f'~y'l<~....~.#.I..:.I"._,..,~(~.~:t;::".JO~'::'::!,...:......,... 'fU~..:;,...:.~-:'::....:~ii:tf'~ .,to . '. " ','d' d' .. " I .J' '- ' .. ' r-' r- r-- , .~":.,, . " ,,' . . . . " ' " .. I ..J 'j , ~ {g;!;r:t;t:.r'S-~.~;:-:i~~::,~;~"";?:'t".~'~____ ~ . .._.,."'........-.~._____.. . __ __.-....,....,..........___~___,,,....... !O'f~.~.........t....-. h...._-... . . _ .__.., ". .".."'... ................____ .....___.....~IJ"''hill}..,.~tl1:!...~~I'!~.'''J~:"'&.;:\Yf. . " '1! ,~ 1 '~ ]0 .,~ I ", ~t '\ , I' o ~ u 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 .-.,- ,":4~~~~:~~::"':::::~~:':\\'; '~':':";" ~..;,;",,;~;;..:,:'; ~-::'7"'":'" 'r~__'~r':, .'.' ':.~ ::".";:!':'fJ',I_'r.~', - '''_~'~~'_',,*<r-..........., ';~"""~~~>;">fl;':'I"iI1"'"\~r.:r~">:"'If~""",,,,"'i'J(""';'''',.,iI''~f~iy;;.~~,,!J'I'i.lll>t......;;,;.'"',i;;i~~~~,l~,p, . ....,~", ~';';';;';'~' _~' ';":'~<.J;{:~..~:Y:,~,,L:d~,. ';, ,:l:; ',. '>'};"~'" , ,.- ..">.':,',,, '", <,;,:~;: ;!:,~,:!.,:, ,.'::'I""";;~~:i~;.,,'~L"":':'~il'i.',:;~,;;ji~;,:l:'~~;tt::~:~i~:;g~jjZP;:, ~~;~ii'((:~~' l,t' r" ~ .''<'~IlT'<~~v'' ;!"1.....'-*......f'O<<-tJ"'_..~..ti~..._-.............".._..~~..~.............~...-..........l-"~"'..._.~'..._..T....-.-"r,.................,____~.. ';- 'j"' -:..,.~".--__r....1-!....q~~~.:7<t~.,...J~~~~t.t..~~.....(if."'"'-~,t .- .....-..- .l~""u'_" ....J.,.~, ....'f ""I, .." ".... : ..:". r' ." '." ;.... 'I" ......,. " .:; . ~..,,-; . .....,;'" . ~,' I"~ .l'l.:':;I~!\':!......",'...;. .'...r'~ .~I'/~~.../;"tt~I\,,~1..;:...;';.;:...:.~.:..~.;t........,;....,...........::'.......-;.~\~.~<\..-'...;"';,. , . . '. .",...l. r-, I . I , " ~'~tQ~!\';y:.-,;(:.~..'::r~,';Il;~e'~-_"l#.""~~~__._'~'~'K..m?:f.!{4-~~.Iv..~..",_.__. ."..._.>_._~W''''.V;~:''''~'".:'''''.':':.~::~:.;:'';'':''':~~':>''.:' ..~!."',;>,.., . "., " '. '. .' ':1>,' '" ,'" '.' :,1' ,'. '. ' ~ ..'. ;- . ! . l . . .~::;'.,' . . ."'" i.:' I I ~ '. .' '''''''"'''''''''''''~'''M' ',...,,"""""""=""..,-------1 , .- ~ ,; ~j '1 1 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. o ~ 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. ." : 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". !~ '.:.::../ (BOOk 40) 28. 7116/87 ~;. ".~ A!,~'.,.. ; , , ..... r ~,. , . . '~ . r ~. '. .' '.' , . If " , r--- ~ , '0 l' . ~~t!Y~~;!tr:~'~~-r~""_~~I~____~:l'P.'{t't;,~;fr:"'~!:''''~\'';'''!.'t.;__ ._..~.fl.~i~:r.:'~'~!";'''JT1''~~'1'i!>"",~.:.t'..r.f~1td '~'V:':!.'.! ;;"':"':,...':.j~''''_''''''_ ._...-....~...1....<'-tn:.....)<'l~~__ ,.__". . ': .~. 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. o 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. 1 ,t I 1 '~ 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). o 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. 0,;,', . ,.... .' (Book 40) 29. 7/16/87 .,.....:!; .... r I >:. .' r , ,0\]~>:>; , '... . ,"i/L;~:~~'~~.~':: )"'" ',,' .~., ., ;,>~:,:~.:::~~/},:~:';..: 7l ....,.'...,' . "". :' ~ ~ r- ~, ''IIl ., " ',I .l f', ..;, " " '::,'.' .. , . . ~~:m~,",\.~~~;fi~,m1.~~~,,~1:{;,~.~~":C.~t~~'~:.:m~..~'l9t.:.rl...'!;.':t'!-t~i(;"~'~~~:-;"'):',t..-..._. __~....,It"'1.r;:':'" :.'<;~~~_______~t1~I':7;~;":",~~,'J:J).J.:\,:,"!....... "''''--'V~'~,{"~i'U''.~.....'1r.~jII13~~""",,''___~''''':-_.nd<I:ort:~~rt:~~~'K~i " ,':';.: - ~ ,l r. ;~ 1 1 I I I ~ , I"'-~ '-.J 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). t{one. ", '. " ~,:,,:<< ." . .';;::, . ";L:~:rj::)", . . ..>',''-!:,:.: : . ~/.'", <i . .'. .'" ,..::::;':" :,' . ..";,,,,;'\' '::;~: . .'.. .; :,'; :'J.. :':;':.P ,,) .. ..';: ".'. ::., .', .' ... .c,' :": :.......:.; '<" ;,' ..,c ;:.' , ';'); . :,::;::/,;:<.-'-:' ., . ". .:>;,::':.;.:>: ':>.,:~: :, ':;';;;::"':"":"",;::':);",,:: ..!,; . , "::.. " '..;:::~"'< :.,:: ~::, yj ,'. ,,:(~;:,::, .', '. ''<' ,:::':.{, :,~,..,':' " ...,' .' ;.',::"';,..,.1 ;:~ ;.'." ..' ': /;;:,:,..: . .' ":0,""; );'\;:~:.: ;..:, : ' ';;':':'~::::";;~:,i.:~' ..:,L.'::",; ;:;::;"\:;/. 'Y,," :: '. /,':' "n:.." ""..' ""'>::,;:, ::,:.; :.;",'- . .'. '-.:,-:',';:, :":. . ..:"': .,' ;,<,/', . .... :'-1. ,''',. ",'" ,'. ': ':';!:' ,::: ';'.: ;-:, '., "':"':",:),"".:; ". ":.:<::: "~i. .".',,:;.':,:: , ,,',';",;, ",' ;,:<." .;:, ". '. ,:.'. '." ;::;-'." i;: .:'.'. ....:., ','..') . .\':i" " "0 ":,'! ~<.::', ;':'," 2:,/, , ,'i;:, ',:' ,;. ::<:(, 1 '.' '. ,\'i; " ';,?~'i;"d:{/>' , ':'",:;/:: .' '.: '..;",....:. ,: :.' .;;<;.~.:.:': /,.. 2:/'," ,.;'.':\':.;/; . n'::: '''.;:<,,'{':: '.:' .:, r,..,', " "'. : ..~ . -;'~i . 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. ,-, ,'. : . .1 "" 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. 'j" . , .' " .1 ,. : "' \, , \ " .f "',:1 ., , i. 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. ;':' '" :'../.:" :':" ", . .,;:,::'i.'-:'::": . . '.' .;.. ~);)~: . " -.:.: '1',.; .'.:. ' . ~".. .. .' ,) ".'C; ,~ .... .;:~~. ." . I~~' ..' 'i ,". ',;,:'. . : i .- . " .~. ':"', ,', ::"". ~. ';'i}\ .. ;',,,':;,:. >;:.::'.' ":. .' ..> .i...'.....: ",,-.c:'. :: .;;;:; ".; , ':,s ,,::: ," .. /<.. 'I':::,." """ :,::':" ,,-" " '.:j,.':~:~ >~' "'.:':' 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: .,;,~,:~;;, ,-- , if: .. oi...:.,_ .., ' "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. ., "Nays": '. 'i ;: ".. (.\ "'~ ,'.,: o j.'.'.' " ~'t J ~.; " , " :, . ~:: ..: .;J:..' ....-'. :;' !.;i::.; ....0 ,;....;....<.::. """ ?'!I;:)~ ;.>';"::"'\';-:' ",;/X;.,.,. '.:!"\ ., .':'.'" "/i'..;:" ,,',. \~:": ," 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) >-:> ,.,.-. ;.5." '.'; "'. :': '.~ ;',"", ~" ,:,' .-,; .ij .;~ ;,.,;.; :f' I:" " 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. ",.: ~.: ; '{ ::'; :. <: ::,.', ','. .;.., .> /;' ..:. The purpose of the ordinance is to more clearly identify the base from which fence and wall heights are measured. ".' ;\,i :., " i'il.\' , )~ftl '..:;t ;> ,,<::':/' ;';;' r:' ',,' " ,. ,,:.: ,. ;".: '.: ;;,;'::'1.':,:.,.... ,,'''-::;;;: '.,.' I. ,: (Book 40) 30. 7/16/87 .';>:. ',':':,~;,~. {{,:~ '.::.: >: .. .. ;::':.,":\":' I: "" '. ".:' .':; ;,:' ':i:": :,,!.: ;; .::: i',':.':. .... ". ,-':..:,,:: <X:: ',' ," _': ~ ....<">:; ~.K" :.;:' . ",c,:,"'<' ..': >,:, ;,/,:.'i ./ "':.';;'!" i';< '; I . .,.,':;":;'; '''.:',:;:: ..,':. ";'. ';; :..':;" :.;';~>'>: ..;,' [",:, ,:,>" ,', ',! ;',' , ';, .; ",.>:..' '... . :., ':\'" i~' .:/..... ,", ,,:,:.:::::.: ..;" :,... :," ,..; i"i . >.::': . ':.\:;',/~, ,'Y' :'<:./;:1:,; " " ..' , ' :.... '~', ",:~;;': ::::; jj, ,.l/' .. . '. ,;. . ..:.:.'.,..~";: '. . . . , i';;;),' .;, ' '~~....," ...,;'.:'.' .', ~<',.;' <.o::J" , :', , ' \\;I/V.:';'': ":. . ',,,. ... ~~.. ,:,; ;,' f....... ~. ;;:"r'J., ~~t1:~ .': :~~) J.-_ 'l .': ,.::"~ :?::'. ;~ ::'," ';",;, ';: i;" '::'; ~'\.~~ '1' ~:': ....~t 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: " . ., 'Yo'" ~~ .. .:.....:..; "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "':.-"' :,:;; \'j" .:. :.: :'. "Nays": None. t... (. f ~.. t.~~ ;':;:, ," ;'~ ,\' '1,\ ~ <J ~, ...1;' .' .....<~ 'r; ;):~' ;';:' ,L. ';, . ~: . ",,.wWI~~j1;~,~~~~'::J':':'''<':~~'i;.~:>:..;...~~~,~....,,,~~.,;~~~,~v~"'~ "~'" -". M~':,~~'r~~''''~~"~---;:~..:~. ../," .~:'. ~,V.~~---........... ~, , . ,W*~Yi\"''';';;';',il('d~llli.'l';V\M~'''1!''M'i~''N~~\\.~t~~~,;'F''~ !t. _ ~t ~'P':h" "':'.~_ )i)":;~?\"i .':,~";.~::./t:::t~. :>... . '~', "il; , !~ '. ,;',', ' '.' :,: ".:" ."." , .'.: ' ..\ >," '>:, :, I.,....,., ;". ,/,<'.." ;;;:'~,~~;'~~:~;fi;~;:~t'~:;~~~;'i,;~i)~;~~~:;':-~~C" ~~~;:'" , ,.~_..-<i, "'; ~\ 1<"I.u~ '1:..~.t~.I,:,t~I;''''''J''-''''t~,f,,, .>., '.~l;:", lA"',;.. ~,'l' .'~ ' 'd..'!t,"...il'~,oI.'" '''~t~,"j;''''J.''~d,t... " ,,',Lt:rl'h'~lf~,\p'''(j~....,:.r~j..~;f''1:.(JI{.~.V~\''~:','!>\' :tit-1J~r~,,~:,:..'i:!i;rtt!.':'d ;1:.'.:~"'!.I, ,"'~ tl.:",,!L "t~ . lIIl\-~""~m"'----'(r~""t'.t----..-~~....~.....!__..."..."",.....-- ~~r.-,>'Pt,.;...~1'f't"<' ,~~$f"NI:~'.""'''--'''~~'' . ....:.....: -.......~v-$~..--f........"'(,1li'~, 'Jft- f:'f.......-,~',~f-. '. '>:"'~ ,,"=f:W h ..~l.,f'", ~, ,,..' ....."'r' ,", ~ . ,. '.' ,,;..~ 1 : ", ." '.." " ;, '.' ." .- ~:".: '," . "', .'~ , ' .... . ,I ',').. :\.,"',',,~,L,' 'f'.' \1-1",_ ~'", -'"'';,''' .,.......' .,;,',":~,;",,'l" :;, . .. I );"f~~~~~i~j:;~"'r: ., ., ,. .."" '~'C"-._",,,,_,:~5l' :,: . .. '~'~.. :;r. .1:" ,"/: ..: .\ ", , " .1 ' ,., '"', .pt ,. . "."'" . I " ,~ _J .. - .,.. ~... ... ~ .' '" . " , oCt r-' ':i?(i~~'r~~J?;41:j:,;'f,';;~Y.\';':tF:';":':;;\:~:::':::\",;"~,,:,,,:::,:~;\::: ~'?':':':';;' ;'" ': ", ',J. I " .?].....'.. , .' , ", . . . . >. , .' , ' ,,, r-, __ , . , .. .' .. . ~ .' " A,', r.' . ,0; '.:~'~ ':.':', .::......~;,~ ~ ':";}~!;->.~";I,.'r,'~ ..............~=-........~1 ...'~(lo'1!"J'r.~.~n!:;!.ti'.:~:t:rJg::=: .,::'.' ,<, '. ,-"",/: , I' ~ .~ 'J,': " 4 Il it ] 1 I ,i ~ ! I 1 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. ~ '~t~:.:.:1 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. ) .'. \' . .\ : \,' : 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). o 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 ! ., .\'. ',,' "':'::'~~\ . ~\.:, \",' ,~ " . \\"i' .", " ,.'.!_'..'n..........__u~..._..'W.-...."""..,.,..,,~,dN,,~;t:1~"'....."U'''.1t''4_ .. 'u'" . . . . . , . .".' ...; . . . , [7, 'r- ~.:, . . . " . . '" .. " .r- I . I,' . " . t:(.f.~:'!~~;~,~~;.,lJ.i. t/$,~~_,:l~:.f.?~~,'!'\~~~\t;t:t!'~ ~'\~ ;~:~'ft~:'.':".t~I;'-,,~[r;.: ~'.t~~~':.~~ :"r; f ~.';.',t-..~<",;:;"..,,,,, __H' .~._.l~':'l ',;"T,.:.....,~..:. \..',_ :'.:.;;)' :' .~:':~. ,r..~..:l;:11of';~.__... _. h ..__.t-...tt ' '7.!;."jt:h'.';r.;'F.}"1I~!t:~!~;1).'::',i:; . :1 " ~ I I :~ U 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 . I "'-:--~:~.".~I" .....>....._.... , " " , ~ r.. ~ - if ~:. \:':" " , '," j\,' . i '~ .. ,,~:'\: , -- 'f\" ,~ "". ). ." :!-:,,: i~-;. ~:. I. t':l';Y r r- ,~ ", '31" , . . ~ . , . .. ~ :' " .1:. '. >" -l" . " . .. ' .. ~ ~ , . '. ~~:tJ~t'~':'~~:'!.;.tJ.1~,~t~t"'rl:~'~'~'~~~'i~~~"~n~........~~.on'~':"~"6.~~""'l/ ~>-_..'-':', '~\:.i. ,~:--:::?:".~'f"":.;":,. ~.\..~. __ " I .\ ..' . . , , , 1. , " ':'11 , ' . ",' . " ~~"..:~:,I'~'/A'~~~",. ,,-,,:,,~,",.21.~I~~~J~I''1J}! __ _'__"_" l. .~~:.l...,_ilJlr, .' ":=-'. "'. ~ ,ffl,';~' >If; :".: b'~' "" . . ,p, .-.::::~~'''' ,':,::;::,?::~~~t~~'.~'~jS:~""'~ ~~,,~ow4t~~~~~.f~f'ftrltr.hJ'\:1"'~].~~~~" ^ \:' :" '~i.';. ,.,.,' .,\o11("-':~~....'l'I, -r;;1.1.~.,.n.",""j,;.,.;.I'!'"f.I...J""~"~ ..1..;1-:$11. w '~w ~ .."'~ ..' ~ ~Iri~' I '. '>~'~"'" .~.I ^.~ -:..:" :, '~:"'~~::~"'>~I:"'~::''';;'' ,. ',:, ':.:.,~J~:~::<' "':""1 ~"J.~:tt{;}fi'~'tI '. 'l~1f~.~~~i~~ , ,>_, i;u,..... '/'.' "" I ~ eO, \ \ r " "'~\~ t~ ""I" ,- 1 "~'Jor)~J..tw'h- \\,1'<';.,1.. .\~,.......f,l"".';"'~ .; ~.'{~ 'r.1"M-#.;:.t"~''''l.'' ~~> :"[j1'" ..,," (,'<,' "".':",: . ' :: ':; , ,,::;';.,;,;,;,,-y:>>:: .", . ,,' . .:. ~ . ': ~, . - ' " ; .:: ~ .'; " .. .' .' .: ,..." ..' , ' '. 'I' ! 'J.- .' ',' " ; . . ., 'j \. I" \ \ : '.~, ,':.'t' ',' ':.~<. ,I '. /' .' " ,'. d' .,.::.- :':\<('.'~' ',: "'.""_~..~,c.."" .. ...', j ..""",..,. .c,.,.,1 ' ' ,i; 1,", '.. \:' ~:' ~,,; ::~~, t)~~ ': ,~ "~J..;~ ' ~ . ;.. ,',,\ ~~2;:' /.,. :' ~,~'.:,.;. , f~ ., !;'r' 'y' .<'f' , . ....'" :1 :2) . () .~ \0 .._....tL...:....~\v'-:~ ~ ~'.~:";.t'.I..::~::;. I,J':.t':.~/~~:"71:t~~':'1..~1t1'"y,n-~"--'<<.oJ'.t_,,...,,..~~__._"~. . ..____.._.""J.~f:....rfl...,_.. :, " . . '. " I. Ellen Hardgrave, representing MADD, stated they felt it was important that the 500 foot distance from churches, schools, residential areas and hospitals be kept. ( \, :'....: ". .' ':"':";\\':'" ,':',:<;</~.{: : ":,\i,,:<,.:'.i.:.~)S;'::~'~;!~' . " . '. ,;):':,::.;;~,'(;,.::\/ y: . ""'::'::'\'/,.':", . . .' .. ..:,'d. ::'::: . , '.):. ',.. .;.:\::: "";" J :" ',:;::'.::'. ;:'; ,. ":'. .':'::\.:.};:. : '. '. ' j;.{',;~i"i';, '. .- ";. :'~:.)?:~:, . , i.', ' ';.;.,. ' '\,:;;.;:.; ':.:' ,':.::., .' ".::;';' . '::c" ':> .~'.: .:/-'. ,,:i:,,>.;:,. '. . ',.'.: '..,' . . "">;). '<"<~ ....... . '...'. '::,i.' :, ,> .}.>" .' .....:.. ,..'...:.<:..,:,: :':; " "";'" >,:;'; ",: ;V' .' "''. ,:,,}'J\ .~\ ';'.': : .. :.,:;:. r';,'.'.:, :'; ;;;' I ,{' . ' . ";;:,'~, " .; :'.: ',' "",:::,.(::;' ." , ,'.: ;.?;.. :: c' , . '0' " '",;'jt:::''' .;:'1, ('.,: ':: :>/,.: :,::. ;~. ". . ":. 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. ~ .,' . '. \::;:: '. Seven letters and a submitted for the record. petition with 200 signatures opposition were in 1<"" , 1,:/,. One citizen expressed concern establishment is a restaurant or bar. raga rd ing will if an determine what 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). r.. ! "i'.. .:. 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. .,: ,'" . '.' :..... . ... .'::. ,.': :.",: .:::....:.;;:.}( i;;...;;:,~::,~:,~ . . "; ',:,;:. .': . i,:,\/ ,'- \;.;~};; ';{ .. ' : ,~:':,.::'.:~(\;,;,::: ,:'.' ':';, pi ..:) ,'; :(;.,:; ',;:j.',:<,.;:,:, e/:,~ ..:',..,..';.,......:::;c., ':')... ','c'. ,;)::~..'::,3:.:'::.... '., !;."':(\;.; .'. i:'\:.;.',:, ',..' ''::-f I,',y:/'?,':,;,,;,; '::', . :, 'i::""'-'" '~:' .: : ". ; ,:; :.'':::' '. .....;~:::':' : ,';'," :((::\.:'.,; ,::' ;:;c .,.i.',',::.; .....'...,i . ;,. ... .:. ';i-"::>-' ',:>.~':, "t:. :: '>';::(;;;::;""'."< /:.:.,/.:\ . . ';;" ':;"'" '. ,:>".. .;:: '-;,;..:,..,.::. ~.;::,.. :\". " .J...;:.:.....,...'.;,.. ' . :?t: :}:;\,':". ,,:..:~, . . ;~' . .'.i:::;.,;;;::.:,;'.:':;:' <;'. :1' :. ":<".;i:;i~ :.':;--'\",":": > :.J ..';-'.. .;,' ,.' ~\."::...:(:,.,. ,:".:':; . ," ..'.... '....... . .. " . '. "',:',,' '. . ,,: ".: ./i;.:'..,:} ,,;.'. '~',:..' ':.':\;,~t:~,.:., ...,..~. :".j .' '",,' ". .:.::';';:: ';:,;,i': , '. . 'I . :":,: ~,\ : ~'I, :-' ": ';,'::' ~':" ;\:, "~:.< '. !i 'i:,:'.:' ,.::,:: :....' 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. }- :" .::-::i 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. '. .':. .,.", 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. ;', :'.' '..' :\.: ' ':',... 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: :.:: 'Ii .. ;:.:tl "Ayes" : Regulski, Winner, Nunamaker and Garvey. ;', ,. :::-.'. :.' .; ~\~. . ;,' , " .~ . '. .. ,:.{ "Nays" : None. , "'... : .~..;': '. ".,., '". . .;" '> co . :."''', ..... ,:.,' . '\:.:.;,...i--....'::~ ''':;. j .. ., ~"" .,.............. . ,..~ ,'\'" :";"? ..i...... '" : ",.\ \'::\ ';'.. :/ . '.:' (Book 40) 7/16/87 33. . " . .' ,. f~;;/":,;.}, . ~:' .-':....~,}~;:.,3::;;it:r:.:..i " ,,' ',-" . ~.. . . .- ',,~ : \,', \ ~ ': .., ....."~\))l::.y^ ... , ' ",;, '" ,,-. ,,'," ' , . ( , ' . . .,. : ' ';~ \ .' :'~ ~ If:: ~ ", ." '.:"',~,:,~, .'~' ~. . . . . 'I"'. r- ~ r- I ?1~~:i~ii~~"'JI~Kl"'~I'~.":;r;.I'';:'}'~';~1I".~.~~~___~...~t:~{:~;:.~{:.!r'J:r:~:.,:",;.:..."...y",,-_.. ... .,_yH',.. 1."I(J>!"\.-.."'''.....~'..../;'''':"; ........'1I":.r.JJ..~'.\""'~....._,,__~. ___..........._-...._______ ~ . ..~____#"o.!I..r;........'".,~I...~'Mitt~1'r3!r.' . . ~ ,.' . .. " ,.... j \ :j 1 j 1<0 ", ',! . 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 ) ,i " ~I~ " ~. \~ ~ 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 {. " '., ..../":;.;;,1 (;i' ..,... ,~'" , .': : ':': ::'/)\;;);,{ ::,'~ :'.' ). . Y"'-." ~. ...,...- r-' F ~ . ' , . I: 2'1;"" ,~...' .. I ;~~~j~~\!tt!:''7'L''''~'.~~ ;::"::""... Io/'.~,. \':!:....I'l't.l'\)'~~_..... ,_"'A<..~~';f',i':-A!0.'f.;':A ~~';'}~"'''.",_" . _ _~""_,,,,;~""''M''l'''''i e !..lj".f.\."...." .' i,t ....__..... ..;,::~';lt~~~:~~fJ.l{:!:r.,;:.,:;j';'\,~\~.::;:.,~.~~~,~i.~.:;~~~~r',":~,,;;";";;i~t'j;;t:;rm;:;,,:""""';::.":... ". :.; ~;~;;:~~;.~,:":::,,~,.:.,~",~~~\..::;!;;.:::-..~...._' . ,.ili~,I~,."""i;:;\<Jilli:t;;p'I6l'.,...~.!tl'I..""'r."'I~.~~~j;,""'''''.~._.,..,....:1~~:~~."..".;.... .... '.'.' ......~'" .(;gi~;:~,.iA~~1.~,:~i,j,;.~;,."'~,. .,:-c.~.~;7.,....!,;,_~L;;=~,,;~,~~i;W;,t;,,::A'~.:;f~0:~;;l~j~~;~Ci~i;~;=,::,'.;Gl~i: . , i ';J 1 t ~ i 0 I J 1 ; 1 o o ..~. -* .. - ..... .' . _. '"'..... __~ ....... "....+.~~t.L u;. ~'(i.:...!;ttf';)O',( 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 .' ,'" ,-~.- -." "'to'" ,....~.". ....., ....... '..' I.. . I --d ,r- '0]" , ' , \ . . I . .' ..' . . .. "." -. ,'. . . 'C,,' . ',' r- "'. ',', ~ .. ~ I "j. .', --. t, , .' . , ~,~.~~tt'Il":a~~:'j.<>::~'~':""""_'fI,~:;-r.C_._.,. . .__:.r..)~f''''~~':-:;;'~~~J:\I;<.~..( "h._..~.._.. _._._._..._......."'....... ri.,'" ~:.-"r;""'" ~:;.~ '_~i__....\1..' .:",.\k'~:~ ~~,'tr..l<h,r..'"._~_____ _~..~a tv.;<,l<"t""".c....___._. ~. _ ._..__.,.....'~.f'<..&tr~'ii:.~J.~'tV'_~"Jtz' 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) , i I , ,', 'I~ , , , ~ , '~ 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 $8,180 which is budgeted each year. The application, if approved, and any subsequent contract may be amended prior to June 30, 1988. Commissioner Winner moved to pass and adopt Resolution 87-31 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayesll: Berfield, Regulski, Winner, Nunamaker and Garvey. "Naysll: None. o (Book 40) 36. 7/16/87 .;1 .... , ! ,J ,[7 r~ ~.. .' r-~ ~ " l' , ,oj:: ' , " " 'r.\15'!!'fc<.~..~~~'p,tl!\""H."",,$"I,I-~.\.,",,_. _ -.--n'}l'.::;"t~l.1.~;~.'21.~~..to<"'J.___~... , .__'''' "~"''''''.' . .._....""..""..., ".."!".,V;,.-; !Jt.......,..._.._. .--"-".'----...<--~..... ',,'" _._..._-......M"..'t~~~I~:;'1.'t!!::If1~~. , 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. @" '; .t. " (Book 40) 31. 1/10/87 . :. "r. ~..' . :.r'- ... . , ,/ 'jj.,,'-':": '" "" ..,.',. . .......... -. .71. r r-- ~.' .. ~ I " . :.: . I ~ . . .\~r~'iI:~w~n.~"'t:~~lOlI_-"""""'~. ._.~!'I'~.~.,!:.-:'.';-;:'~tX1'<"""'r""""'t"~___._.._. .___..;;...... :.~t>t'oi<l""'.............."1."\.lr:.;:t::<(I\~:;..:: ~'?~'. :''I.:'":~O:''''''''Jt.".,.~."......,._.......~~11.''l~~V:~'''k.~''-l\';'...---_~. . 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. ',' .' , , 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 ",,; ,'", . . .... ., ,'..-.-:::-.-:-....,. ~.,.c.::;:....~~~7m".....''''':';',. ,,~.,.,;f:' '.c'"" ""~~_"...t<Ii'1~""'J_..r.}W~~P~......t'1ht1~.. , ,cO'. ,.., . ,f~'3(.. .... .'" . "'.'1. ".. . ~ . ...: ,,' .. , . . , '...., ,': -:.. ", ,;'1 ' ; .~~, J. ..,....,.. .... . ., .~1;~..... '.. . .. ..... .., ". . ':'''Li;~~~;~;~~~~;..h~,,:,'~;;~::~'J' ~~~.;;~~\~~~~- ._.~:~...~-~ ':.::":~" . 'I: ..... ';' " ~" . .,.".' . ....;.. . "'., ,- .,i'.,l,,':, r-- ",' I .. r-. ~' ,', , . ';~\tl'}~Pm~~~~._. _-_____.lfI';.'tm~_~~..._.__~ft~I~~,._~_"t~?:~'1~~r.:iJ.'1.'?_~~?::'!"~1~~..t_~_ ~ .. ~ -.......... 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 " . ,. ,''; 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: ~ ~,#-;" . ..~;r..\ .~. ... (Book 40) 39. '{/16/87 .' r- r-' .... " , , '. ,-- '.~ .. j: . '!~;~'leJ~_________...___ .____._...: ._ ,_ .~-,._._____~"'t'J::f~1.J'~i:.~1L;~r.'r~fi~~;:;~i:'>.,'I"'Iili!OIf.I/).~.__ ' .._~~~. ~__~""'h""" '-. ~ , " ~ ~ I ,j " ,p.' 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. " j I \ , 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 "P' , , ..' , , , ",' .> , , , , I' , ~ .; -, r' -~...........~_......_...... r- ,....!l~__. "":,,~:{,;,,,,:,..;,:, :"", " , '. .,.d" 1'" " ,'''.>::~, ~\</; ;,,;::~:.<~ ::' " ~ ' ..., , ;" .\- '~.',,':',:,:~:' . .,1:' ':,<: I. ,_. 't, i" ;, . ' .. ~ _1\,"'1>>j,.,"W~.4__Il'"lf.!:!tb";s.~:':~~~ 'lrJf.~,?~t',\n'w_':"~_.. _~~~---':-.,:. . ~~~~f91r~~i 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. ~ \Q 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 t~'Jt-:l..'.!J.:~.-'i'=~t. ;~','.. ,. ,'., ..,.~~~t'..I''''ir:\--;":;,,,''':-i':r.:t..':;\;:.'.',;;~:(~;:~,~\~::,'-.. :'.:..0;:/.. :,,:..'I!.,'~~,:!J;"f~~;~:~......" : _ '~;'.::.:'i,:.~ 1~~ , " F r ',., 'f 'F ' ' . ", .\,'. ,.' '," ' . I , , .~__----'-:-"~~~""~It\Nf'I.~.__I~,;/!;-"'-'_/'NI-"__"'_Ail<n<,"<I;',J,:~t~;~'/:"J~~!<n"'it\'~~.twr;::r~:::::r.}~~~J.lr..q-'W'l:.)~~t~~..,~t..'W""""U'~W.'iV~.-.~, . , ______~~ 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 '~ , } ~' 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 r' I ' . r ,', .,r 30. o 31. o @" t. ,~r , " . ,,.,1', ~'.. ~~;.' " .. .~ '. , . ~ ,. . v ~_.~_~_._.___._ ~_._____._._~__v__ ___"'-'--'_4\tf.c!eierltllU.~i~\1f.~~t'f,ifi1:"'l.\:'~*":1\"~'t'ttt""A<f__ ._"."______....__~___ 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 r-' r ,', .1 r' , \ " f;. , ~., " , " .. , , .. ~ ", . . ~.~~rt~,fMllO*,""j....__~~h'-.nw-_.--~~___.__.~. . .__......~....-....... {~1. '-' /. . , j I o <D _...--,....~. 'p#,'.~1't;Jt':1I<~~";~\~ 3~':-"I~~i~Yi;.?".tlc'.i'.t~',~t~:.'..G\..~\):r~...._,__.~__",,_______ _ 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. I 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 ,.:.' f'~.~'l.;': .:r..';.":.~.~.jf:. :~.;" ~;, -; ;;!;...:P:!:'.....'{,.. . ',.~ ,'"\.. 'l-t'.', :''''I..~U''''1''''_'''''',VJ_.~,''...I....'''' ~_~:., _~, ~~....: ",: ~ ~':~"\ r-" r-. . , r-- , I, ". ,'J; .. ~ ,~art~:rtnWM1:1'twr[ft."t~,::~4t:'JJ\~\..,~".,.~.'t"'___~,._ . .__..Jt,.....,.......~,~~..:..I;.!..'r,:.:";.V(..r4.\'t~M.r.-r.'-!;~'r:..;:t;itrrt.!11/"O*"':'1>~........--.....__~_",'"t~)twoI~~__ .__.......~lN'lOW\~. .:- ':') "'"'-+9. ()4. 55. @D,., '>1 ' .'~I' I.... . , ..~. 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 .. -' .',~ \', ," -:-:--~:'.~'~.;' ...., -.- r-' r I" " r-:-~ ..7]" .: ., -. . . . , . t -' . . ~' .' I lI~'f'''''n''''_.....__._._~ _.~_~....---..:~.__.." .........._.___"'_...... .~..... ._ ~_..............."ty,,~.,!"'._....~..'i':;:,t,~,:1'.... ,,\.t,;.'.-': .i,~''';'",::,,":,T,:,,''rt' ~,~.~~l:\...!"~.:-,:,~: .ltt",-".___. ., .~ . ., · i \ , .'\. 57. 58. :~ \ "--,,,' I I o. .~ o 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 ;.:.:("'~~Y~:,:"::'''::'~;'!''~,;:~.';;,'>:~'~;::''~'~::'':>'~::;;~', ::,~.~{;r;:.,::~"~....,,:..."'. :~~T . "_."~'- ',.... ':r.;.,:~: ',;I",""'_'_~-*'i"~~~ "'.. .' " ,.\'I'....""'1i.~.'j,).,;1;)J:l;~l~'..'lt:r"!'~""r,\.~~~I;'l'II"""~~:..'~~'''~..''''''',^'t"....~~~.lr,. . ,''-'''li',''", .. '. 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