08/20/1987
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CITY COIMISSIOH MBETIIIG
August 20, 1987
o
the
members
The City Commission
City Hall, Thursday,
present:
of the
August
City
20,
of Clearwater met in
1987, at 6:01 p.m.,
regular session
with the
at
folloWing
Rita Garvey
James L. Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
Terry Jennings
Paula Harvey
Cynthia E. Goudeau
City Manager
City Attorney
Assistant Public Works Director
Planning Director
City Clerk
The Mayor
invocation was
the Pledge of Allegiance.
Paul's ~utheran Church.
The
In order to provide continuity tor research, the items wUI be listed in agenda
order although not. necessarUy disaussed in t.hat order.
@
III - Service Pin Awards
2 service pins were awarded to City employees.
IV - Introductions and Awards
Employee of the Month - James Davis, Utilities Department.
Citation of' Appreciation - to Shavotini
International Pee Wee Golf Championship.
Jackson
for
winning
the
Proclamations
TeaCber Appreo1at~on Day - August 27, 1987.
Y - Minutes of the Regular Meeting of August 6, 1987
Commissioner Regulski
6, 1987 as recorded and
Commissioner. MOtion was
moved to approve the minutes of
submitted in written summation by the
duly seconded and carried unanimously.
the meeting of August
CI erk to each
VI - Presentations
The Oath or Office was administered to two Police Officers.
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(Book 40)
82.
8/20/87
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VII - Citizens to be heard re items not on the Agenda
Lois Cormier expressed great concern regarding the
taking place in the N. Fort Harrison and N. Greenwood areas.
pay particular attention to what is going on in these areas.
illegal activities
Requested the City
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VIII - Public Hearings
Item 119 - Vacation Request 87- 08, SDS Investments of existing 3 ft. Utility
Easements along the N side of Lots 3, 4 & 5 & along the S side of Lots 8, 9 & 10,
Blk. A, Gunn's Addn. Sub. (PW).
The applicant proposes to build an auto sales or display area on the subject
property.
The request has been reviewed by various City departments/divisions and the
three utility companies and there are no objections subject to the provision of a
5 ft. alternate easement lying on the W side of Lots 5 & 10, Blk. A of said
subdivision for G.T.E.
One citizen spoke stating he had no objection.
Commissioner Berfield moved to approve the vacation request subject to a five
foot easement being given to General Telephone Co. along the W side of Lots 5 &
10, Blk. A of Gunn's Addn. Sub. and to direct the City Attorney to include in an
ordinance. Motion was duly seconded and carried unanimously.
o
V
Item #10 - Petition for Annexation, CG zoning & a Land Use Plan Amendment from
Medium Density Residential to Commercial/Tourist Facilities for a .38 acre parcel
located E of and adjacent to the Fortune Savings Bank located on the E side of
Belcher Rd. appx. 700 ft. S of Gulf to Bay Blvd.; M&B 32.06, less the W 330 ft.,
Sec. 18-29-16. (Fortune Savings Bank) A 87-23, LUP 87-14 (PUD).
The property owner also owns the facility to the west of this property that
is already in the City and wants all of the property to have the same zoning and
land use plan designation. City water and sewer service are available to the
property.
The Planning Director indicated there are plans to sell this property with
some of the property already within the City limits. Access will be addressed at
that time.
Commissioner Nunamaker moved to approve the Annexation, CG Zoning and Land
Use Plan Amendment on the SUbject property and to direct the City Attorney to
include this in an ordinance. Motion was duly seconded and carried
unanimously.
Item .fI11 - Request to Withdraw Petition for Annexation and RS 8 Zoning for a
.19 acre parcel located on the SE corner at the intersection of Stancel &
Eastfield Drives; Lot 1, Blk. F, Douglas Manor Estates 2nd Addn., Unit B, Sec.
24-29-15 (Massey) A 87-25 (POD).
Subsequent departmental review found City water and sewer are not available
to the property. The previously paid recreation facility fee will be returned.
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(Book 40)
83.
8/20/87
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Commissioner Berfield moved to accept the applicant's
the petition for annexation on the subject property and
recreation facility fee to the applicant. Hotion was
carried unanimously.
request to withdraw
to return the paid
duly seconded and
n
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Item #12 - Petition for Annexation and RS 8 Zoning for a .20 acre parcel located
on the N side of Woodbine st. appx. 460 ft. E of Betty Lane; Lot 16, Blk. B, Pine
Ridge Sub., Sec. 10- 29-15 (Kenny) A 87- 26 (PUD).
The parcel was a part of a joint City-County Community Development Block
Grant Program and an Agreement to Annex was signed on November 21, 1986 (ATA
86-23-286). The property is now contiguous to the city limits and eligible for
annexation.
There is an existing single family residence on the property. City water and
sewer are available to the lot and no fees are due.
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Commissioner Winner moved to approve the requested annexation and zoning on
the subject property and to direct the City Attorney to include this in an
ordinance. Motion was duly seconded and carried unanimously.
Item 1113 - Land Use Plan Amendment from Low Density Residential to Public/Semi-
Public and a Zoning Amendment from RPD 5.8 to P/SP for a 1.37 acre parcel located
on the E side of McMullen Booth Rd. appx. 850 ft. S of Drew St.; M&B 21.06, Sec.
6-29-16 (Calvary Open Bible Church, Inc.) Z 87-12, LUP 87-17 (POD).
The property is vacant and the request is made to permit the development of a
parking lot to serve the existing church immediately N of the SUbject property.
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An open space land fee will be due when the property is developed.
The Planning Director indicated the map of the property will be amended to
reflect a land swap for right of way that will take place between the church and
the county.
Commissioner Regulski moved to approve the requested Land Use Plan and Zoning
Amendments on the subject property and to direct the City Attorney to include this
in an ordinance. Motion was duly seconded and carried unanimously.
Item #14 - (Cont'd ~ 8/6/87) Public Hearing and First Reading, Ordinance
4415-87 - Land Development Code Amendment to Sections 135.086 and 136.025(c)(19)
Code of Ordinances to allow non-commercial parking lots as a conditional use in
the Limited Office District (LOCA 87-3) (POD).
Noncommer'cial 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.
This Ordinance will re establish noncommercial parking as a use provided for
in office zoned districts, specifically the OL (Limited Office) district. It is
now considered a conditional use in the RM-8, 12, 16, 20, 24 and 28 zoning
districts and has been considered as a "buffer" use between residential and
nonresidential properties. In a similar fashion, the OL district has been placed
on property to serve as a "buffer".
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(Book 40)
84.
8/20/87
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The City Commission continued this public hearing on July 16 and August 6,
1987 in order to address concerns expressed by citizens.
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Two citizens, representing Harbor Oaks, stated while they do not see the need
for the ordinance, if it is passed they would like to see the amendments that are
proposed incorporated.
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Discussion ensued regarding whether or
Hunter Blood Center were commercial vehicles,
ordinance ~as passed.
not the blood mobiles used by the
and what impact would result if no
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Jim Baxter, attorney representing the Hunter Blood Center, stated the use of
the parking lots by Hunter Blood Center has been the same over the past few
years. ae stated he didn't feel that the blood vans were commercial vehicles as
they are operated by a non profit organization. He stated the ordinance would
make Hunter Blood Center nonconforming.
Emil Marquardt, attorney representing Morton Plant Hospital, stated it is
important to have provision for noncommercial parking and that their major concern
is the hours of operation as doctors often park in these lots after the proposed
10 p.m. closing time. He also stated even if the ordinance is passed, those
properties already in use would be grandfathered.
rurther discussion ensued regarding the need for the ordinance and whether or
not the proble~s expressed by the residents in Harbor Oaks would be addressed with
this ordinance. It was stated it was felt that the crux of the problem between
Harbor Oaks and Hunter Blood Center is the mobile blood units. Attorney Baxter
stated the Blood Center has attempted to address all the concerns of the
neighboring residents but the complaints have intensified in 1987.
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It was stated that the proposed change is good for future development and has
a greater scope than the limited area of Harbor Oaks. It was also stated that,
essentially, the provision for noncommercial parking lots in office zones is being
put back in the Code as it was allowed when the OL zone was PS.
Further discussion ensued regarding the proposed hours restriction. Concern
~as expressed that there would be enforcement problems and that commercial lots
are not restricted in the same manner.
Commissioner Nunamaker moved to amend Ordinance 4415 81, Section 136.025(d),
3rd line, to delete "shall not be operated between 10 p.m. and 6 p.m." The motion
was duly seconded. Upon the vote being taken, Commissioners Nunamaker, Regulski,
Winner and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". Motion
carried.
The City Attorney presented Ordinance 4415-87, as amended, for first
reading and read it by title only. Co~~issioner Regulski moved to pass
Ordinance 4415,87, as amended, on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes":
Regulski, Winner, Nunamaker and Garvey.
"Nays" :
Berfield. Motion carried.
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(Book 40)
85.
8/20/87
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Item f/15 - Continued t'ro. 1/16/81, Public Hearing & 1st Reading Ord. !l420-87
- Amendment to the Code of Ordinances relating to Alcoholic Beverages, Creating
Sections 72.11 through 72.18, Amending Sec 13b.024 and Repealing Sections 72.01
through 72.10 and 136.025 (c) (1) and (2) (LDCA 87-9) (POD).
A recommendation was made that a moratorium be placed on the granting of
alcoholic beverage conditional uses until such time as the ordinance can be
amended. Discussion ensued regarding the time frame necessary for putting a
moratorium in place.
I t was suggested that the major problem is that the Land Development Code
says the Planning and Zoning Board will determine "sufficient distance", while in
Chapter 72, which the Land Development Code states will also be used in
determining approval for conditional uses for alcoholic beverage, the 500 foot
rule is stated.
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Discussion ensued regarding how to eliminate the inconsistencies.
Commissioner Regulski moved to direct the City Attorney to prepare an interim
ordinance that would delete the words "sufficiently distant" in Sections
136.025(c)(1)(a) and (c)(2)(a) and substitute the provision for the 500 foot
distance requirement as provided in Chapter 72, and to provide for variances to
the 500 foot rule to be granted by the City Commission. The motion was duly
seconded. Upon the vote being taken, Commissioners Berfield, Regulski and
Nunamaker voted "aye". Commissioner Winner and Mayor Garvey voted "nay". Motion
carried.
Commissioner Winner moved to continue Ordinance !l420-87 to the September 3,
1987 meeting. Motion was duly seconded and carried unanimously.
o
The Commission recessed from 8:20 to 8:29 p.m.
Item /116 - Second Reading, Ordinance 4407- 87 - Annexation of Lot 14,
Pine Ridge SUb., Sec. 10-29-15; located on the N side of Springdale St.
275 ft. E of N. Betty Lane. (Brinson, PH 5/7/87) A 87-13.
Blk. C,
approx.
The City Attorney presented Ordinance 4407- 87 for second reading and read
it by title only. Commissioner Regulski moved to pass and adopt Ordinance
4407-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item 017 Second Reading, Ordinance 4408-87
Single Family Residential "Eight" District (RS-8)
4407-87. (A 87-13)
Zoning Atlas Amendment as
for property annexed in Ord.
The City Attorney presented Ordinance 4lj08-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4408-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
:0
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"Ayes": Berfie1d, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
(Book 40)
86.
8/20/87
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Item #18 - Second Reading, Ordinance 4409-87 Annexation of Lots 20 through 23,
Blk. D, Temple Terrace 1st Addn., Sec. 7-29-16; located on the N side of Drew St.,
approx. 550 ft. E of Belcher Rd. (Executive Portfolio, PH 5/7/87) A 87-12.
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The City Attorney presented Ordinanoe 4409-87 for second reading and read
it by title only. Commissioner Regulski moved to pass and adopt Ordinance
4409-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item 1119 - Second Reading, Ordinance 4410-87 - Zoning Atlas Amendment as (OL)
Limited Office District for property annexed in Ord. 4409-87 (A 81-12).
The City Attorney presented Ordinance 4410-87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4410- 87 on second and final reading. Motion was duly seconded. Upon roll' call
the vote was:
"I\yes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item no - Second Reading,
Land Use Designation from
for property annexed in Ord.
Ordinance 4411- 87 - Amending
Commercial/Tourist Pacilities
4409-87 (A 87-12) LUP 87-8.
Ord. 2019 to change
to Residential/Office
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The City Attorney presented Ordinance 4411-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4411-81
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item /121 - Second Reading, Ordinance 4412-87 - A.nnexation of Lots
Blk. A, Dellwood Heights Sub., Sec. 9-29-16; located on the S side
approx. 1,075 ft. W of McMullen Booth Rd. (Austin/Pappalardo,
A 81-14.
3 through 7,
of S.R. 590,
PH 517/81)
The City Attorney presented Ordinance 4412-87 for second
it by title only. Commissioner Nunamaker moved to pass and
11412-87 on second and final reading. Motion W1S duly seconded.
the vote was:
reading and read
adopt Ordinance
Upon roll call
"Ayes": Bel'field, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
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(Book 40)
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8/20/87
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Item 1~22 - Second Reading, Ordinance 4413-8'7 - Zoning Atlas Amendment as OL
(Limited Office) for property annexed in Ord. 4412-87 (A 87-14).
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The City Attorney presented Ordinance 4413- 87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4413-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
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"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #23 - Second Reading, Ordinance 4414-87 - Amending Ord. 2019 to change
Land Use Designation from Industrial to Residential/Office for property annexed
in Ord. 4412-87 (A 87-14) LUP 87-9.
The City Attorney presented Ordinance 4414-87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4414-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
CD
Item It24 - Second Reading, Ordinance 4416-87 - Amending Section 13b.007(e) ,
Land Development Code to delete the registration requirement for nonconforming
density or floor area as a condition for the reconstruction or replacement
thereof after damage of destruction by natural causes (LDCA 87-6).
The City Attorney presented Ordinance 4416- 87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4416-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item /125 - Second Reading, Ordinance 4417- 87 - Amending Section 136.020(e) ,
Land Development Code to define "Persons" as used in the dimensional and
numerical development requirements for Pamily, Group and Congregate Care
Pacilities and Amending Section 136.022 (f)(4) relating to off street
parking requirements for Group Care Facilities (LDCA 87-5).
The City Attorney presented Ordinance 4417-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4417-87
on second and final reading. Motion was dUly seconded. Upon roll call the
vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
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(Book 40)
88.
8/20/87
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Item !J26 - Second Reading, Ordinance 4418-87 -, Amending Section 137.005(a) Land
Development Code to define the term "Existing G rade" (LDCA 87-?).
The City fittorney presented Ordinance 4418-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4418-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
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"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
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"Nays":
None.
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Item #27 - Second Reading, Ordinance 4419-87 - Amending Section 137.013
relating to appeals to the Hearing Officer from decisions rendered on variances
and conditional uses; Amending Sections 137.021, 137.024, 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).
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A citizen spoke request.ing that the hearings before the hearing officer
remain public hearings and that they be advertised in the local newspaper; that
the conflict, regarding the hearing officer providing a written order within 45
days and another statement that it be done in a timely manner, be made
consistent.
Discussion ensued regarding whether or not these should be public hearings
and whether or not they should be advertised.
",
Commissioner Winner moved to amend Ordinance 4419-87 as follows: 1) On page
1, at the end of subsection (a) of Section 137.013, insert the following: The
function of the hearing of ice I' shall be to serve as the second step of a two step
administrative process relating to varianoes and conditional uses. The review of
a board decision by a hearing officer shall not be required if all parties in
interest are satisfied with the board decision, but no party shall be deemed to
have exhausted his or her administrative remedies for the purpose of seeking
judiCial review unless the party first obtains review of the board decision by a
hearing officer as prOVided herein. 2) On page 3, at the end of paragraph (1)
of subsection (f), insert the following: Although additional evidence may be
brought before the hearing officer, the hearing shall not be deemed a "hearing de
novo" t and the record before the board shall be incorporated into the record
before the hearing officer, supplemented by such additional evidence as may be
brought before the hearing officer. 3) On page 2, beginning with subsection
(5), the words "In a timely manner" be deleted and the word "following" be
capitalized. 4) On page 5, 4th line of Section 137.024, reinsert the words
"appeal to the Hearing Officer". The motion was duly seconded and upon the vote
being taken: Commissioners Nunamaker, Winner and Mayor Garvey voted lIaye".
Commissioners Barfield and Regulski voted "nay". Motion carried.
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amended.
amended,
call the
City Attorney
Commissioner
on second and
vote was:
presented Ordinance 4419-87 for second reading, as
Winner moved to pass and adopt Ordinance 4419-87, as
final reading. Motion was duly seconded. Upon roll
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Berfield and Regulski.
Motion carried.
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(Book 40)
89.
8/20/87
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The City Attorney noted liens will be filed in conncection with items 28 & 29
as the owners are not honoring a promissory note that was provided in order to
receive City services at the time of an annexation agreement.
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Item 1128 - Second Reading, Ordinance 4426-87 - Annexation of Lots 106, 107,
& Portions of Lot 157, Clearwater Manor Sub.; located on the S side of S. Lagoon
Circle, approx. 550 ft. E of Belcher Rd. (Delashaw/Sellmann/Sizemore/Forste,
PH 5/21/87) A 87-15.
The City Attorney presented Ordinance 4426-87 for
it by title only. Commissioner ~unamaker moved to
4426-87 on second and final reading. Motion was duly
the vote was:
second reading
pass and adopt
seconded. Upon
and read
Ordinance
roll call
"Ayes":
Regulski, Winner, Nunamaker and Garvey.
"Nays":
Berfield.
Motion carried.
Item f~29 - Second Reading, Ordinance 4427-81 - Zoning
Single - Pamily Residential "Eight" District (RS-8) for
Ord. 4426-87 (A 87-15).
Atlas Amendment
property annexed
as
in
The City Attorney presented Ordinance 4427-87 for second reading and read
it by title only. Com~issioner Winner moved to pass and adopt Ordinance 4427-87
on second and final reading. Hotion was duly seconded. Upon roll call the
vote was:
"Ayes":
Regulski, Winner, Nunamaker and Garvey.
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"Nays" :
Berfield. Motion carried.
Item 1130 - Second Reading, Ordinance
Kapok Terrace Sub.; located on the N
of McMullen Booth Rd. A 87-16.
4428-87 - Annexation of Lot 15, Blk. A,
side of Merrill Ave., approx. 250 ft. W
The City Attorney presented Ordinance 4428-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4428-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item 1131 Second Reading, Ordinance 4429-87
Single Family Residential "Six" District (RS-6)
4428-87 (A 87-16).
Zoning Atlas Amendment as
for property annexed in Ord.
The City Attorney presented Ordinance 4429-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4429-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
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"Nays":
None.
(Book 40)
gO.
8/20/87
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Item IJ32 - Second Reading, Ordinance 4430-87 - Annexation of Lots 8 & 9, Blk.
A, Harbor Vista Sub.; located on the E side of Douglas Ave., approx. 225 ft. g
of Sunset Point Rd. (Dixon, PH 5/21/87) A 87-17.
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The City Attorney presented Ordinance 4430-87 for second
it by title only. Commissioner Nunamaker moved to pass and
4430-87 on second and final reading. Motion was duly seconded.
the vote was:
reading
adopt
Upon
and read
Ordinance
roll call
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item 1133-
Neighborhood
Ordinance 4431-87 Zoni Atlas Amendment as
for property annexed in Ol"d. 4430-81 (A 87-17).
The City A ttorney presented Ordinance lt431-81 for second reading
it by title only. Commissioner Nunamaker moved to pass and adopt
4431-81 on second and final reading. Motion was duly seconded. Upon
the vote was:
and read
Ordinance
roll call
lIAyesll:
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item ~34 - Second Reading, Ordinance 4432-87 - Amending
Land Use Designation from Low Density Residential to
Facilities for property annexed in Ord. 4430-87 (! 87-17) LUP
Ord. 2019 to change
Commercial/Tourist
81-10.
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The City Attorney presented Ordinance 4432-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4432-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"N'ays":
None.
Item #35 - Second
Al to Estates;
Highland Ave.
Reading, Ordinance 4433-87
located at the SW corner of the intersection
(Samson/Bengston, PH 5/21/87) A 81-18.
Annexation
of Lot 33, Terra
of Sandy Lane and
The City Attorney presented Ordinance 4433-87 for second
it by title only. Commissioner Nunamaker moved to pass and
4433-87 on second and final reading. Motion was duly seconded.
the vote was:
reading and read
adopt Ordinance
Upon roll call
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
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(Book 40)
91.
8/20/87
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Item #36 -- Second Reading, Ordinance 4434-87 -- Zoning Atlas Amendment as
Single Family Residential "Eight" District (RS-8) for property annexed in Ord.
4433-87 (A 87-18).
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The City Attorney presented Ordinance 4434-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4434-87
on second and final reading. Motion was duly seconded. Upon roll call the
vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item /137 .- Second Reading, Ordinance 4445-87 -- Vacation of that portion of
Braund St. lying S of the E'ly extension of the S ROW line of Regal Rd. in Solar
Crest Sub. (Wilkes, PH 7/2/87) V 87-06
The City Attorney presented Ordinance 4445-87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4445-87 on second and final reading. ~otion was duly seconded. Upon roll call
the vote was:
"Ayes": Ber-field, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
CD
Item #38 - Second Reading, Ordinance 4459-87 -- Amending Section 62.20, Code
of Ordinances, Relating to public conveyances; to reduce the limits of
insurance required for the operation of any pUblic conveyance upon the public
streets of the City.
Commissioner Winner moved to amend Ordinance 4459-87 as follows: On page 1,
Section 62.20(a) , fourth line of type, show "city clerk" in struck through type
and insert "occupational license divisio~. Motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance 4459-87 for second reading, as
amended, and read it by title only. Con~issioner Winner moved to pass and adopt
Ordinance 4459-87, as amended, on second and final reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": none.
Item #39 -- Second Reading, Ordinance 4460-87 - Creating Article III of Chapter
93, Code of Ordinances Relating to Fire Alarms & ~ecurity Alarms; Prohibiting the
negligent maintenance of an alarm system and the installation or continued use of
a faulty alarm system; Providing that every alarm user shall be responsible for
the proper maintenance, adjustment and use of an alarm system; Providing for the
imposition of fees and charges in the case of false alarms; Prohibiting the use of
automatic dialing devices and digital alarm communicator alarm systems.
@
(Book 40)
92.
8/20/87
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One citizen spoke requesting clarification of some of the provisions of the
Ordinance.
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The City Attorney presented Ordinance 4460-87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4460-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
CITY tWlAGER REPORTS
IX- Consent Agenda- Approved as submitted.
Advisory Board HotU'1catlons - Received.
.1
Item #40 - Library Board (1 member) (CLK:).
Item #41 - Marine Advisory Board (1 member) (CLK).
Bids & Contracts - Approved.
Item IJ42 - Purchase of Two Sanitation Trucks, Rear Loading - Crane Carrier
Co., Tulsa, OK for $116,980.00; funding to be provided under the City's master
lease/purchase agreement (cs).
()
Item IJ43 - Purchase of one Aluminum Compaction Trailer - Metro Tech Equipment
Corp., Miami for $60,513.00; funding to be provided under the City's master
lease/purchase agreement (cs).
Item 1144 - Contractor Operated Vehicle
Court Square Auto Parts, Clwr., for
$560,400.00 (CS).
Parts Store - Extend contract with
FY '87/88 at an estimated cost of
Item #45 ~ Laundry/Dry Cleaning/Alteration Services Extend contract with
Capri Cleaning, Largo, for FY '87/88 at an estimated cost of $25,000.00 (CS).
Item H46 - Fire Department Uniforms - Annual contract for purchase from Barker
Uniforms, St. Petersburg for $11,037.85 (FD).
Item H47 - Dance Band Services -
Billy Paul Trio for FY '87/88 for
week at $175 each for 52 weeks
between 12/87 to 4/88) (PR).
Contract to purchase band services from the
a total cost of $20,360.00 (2 performances/
and $240/performance for 9 Saturday nights
Item 1148 - Purchase of one Precision Lathe - Anderson Industries, Clearwater
for $24,057.00 delivered for the Public Service Division (Pi).
Item 149 - Purchase of Sludge
Industries, Inc., Tallevast, for
estimated total of $213,180.00 for
wastewater treatment plants (~).
Hauling Services -
FY '87/88 at .00969
the Water Pollution
Davis Water & Waste
cents/gallon for an
Control Division's 3
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(BOOk 40)
93.
8/20/87
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Item It50 - Extend ContI'act for Purchase of Bulk & Bag Cement - National
Portland Cement Co. of PIa. for PY '87188 for an estimated cost of $30,000;
to be utilized by Public Service Division in construction, maintenance and
repair programs (PW).
Item U51 - Purchase Traffic Control Computer Maintenance Services from
Concurrent Computer Corp., Neptune, NJ for PY '87/88 for $16,596.00 (TB).
Item #52 Purchase of Gas Meters of various sizes from Rockwell
International, Pittsburgh, PA for $9,354.40 & Phillips Engineering Co., Inc,
Clearwater for $3,935.42; total cost $13,289.82 (OT).
Item #53 - Purchase of Water Meter Valve Boxes in various sizes and quanti ties
as required from Davis Meter & Supply, Tampa for FY '87/88 at an estimated cost
of $32,945.60 (OT).
Change Orders - Approved.
Item #54 - Change Order In & Final to the Drew St. Ext. Construction Project
(86/17) for additional materials needed for' the parking lot improvements at
Eisenhower Elementary School (with reimbursement by Pinellas County School
Board) and minor road improvements at Oak Winds; overall net reduction o~
$ 4,281.04 ~or a final contract total of $1,302,825.56 (PW).
Citizen & Staft Requests - Approved.
Item 1155 - Day Care Funding Donor Contract with Project Playpen to provide
local matching funds for day care services to children residing in assisted
housing at a cost of $'7,405 (POD).
Plans & Plats - Approved.
Item {156 - Preliminary Subdivision Plat for Premier Village located on the
N side of Nursery Rd., approx. 140 ft. E of S. Haven Dr.; Lot 12, Pinellas
Groves, Sec. 19-29-16 (Premier Shelters, Inc.) SUB 87-11; SUbject to the
following conditions: 1) The plat shall indicate the proposed name of the street
within the subdivision and 2) The developer must obtain appropriate zoning
designation on the property prior to the issuance of the requisite initial
building permit for any residence within this subdivision (POD).
Item #57 - Preliminary Site Plan for Aerosonic Corp. (Manufacturing) located
at the NW corner of the intersection of Hercules Ave. & Grand Ave.; being a
portion of Tract A of the Replat of Blocks L 19, Marymont Sub., Sec. 12-29-15
(Aerosonic Corp) PSP 87-23; subject to the fOllowing conditions: 1) The F.A.R.
should be noted on the plan; 2) The minimum 3 loading spaces shall be shown
on the site plan; and 3) The Traffic Engineer requires the proposed guard house
be relocated as it is proposed within the required 24 ft. drive aisle (for 900
parking) (PUD).
Receipt & Referral - Received and referred to proper departments.
Item 1158 - Land Development
Redevelopment Overlay District
Code Amendment to
(LDCA 87-12) (PUD).
create
Division
30,
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(Book 40)
94.
8/20/87
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Item (159 - Zoning Atlas Amendment from CN to CN (GRO - Greenwood Redevelopment
Overlay) for 7.8 acres MOL located on both sides of N. Greenwood Av. from Grant
St. s. to Palm Bluff st., from Palm Bluff St. S. on the W side of N Greenwood
Ave. only; Lots 1-4, 7-16, Blk. 1, Lincoln Place Sub.; Lots 6-11, Blk. 3,
Jackson's C.E. Sub.; Lots 6-11, Blk. D, Lots 31 & 32, Palm Park SUb.; Lots 1-7,
Greenwood Manor; Lots 1-3 and 10-12, Mason's Sub.; Lots 32-35 in Blks. F, E, and
D, Greenwood Park No.2; Lots 15-18 in Blks. B & C, Greenwood Park Sub., Sec.
10-29-15 (Multiple/City) Z 87-16 (POD).
: .-
!.
Item 1160 - Petition for Annexation & RS-8 Zonin~ for a .2 acre parcel located
on the N side of John's Parkway appx. 800 ft. W of Bayshore Blvd.; M&B 21.14,
NW 1/4 Sec. 16-29-16 (Cummings) A 87 31 (POD).
Item #61 - Petition for Annexation, OL Zoning & a Land Use Plan Amendment
from Low Density Residential to Residential/Office for a .16 acre parcel located
on the NW corner at the intersection of Alemanda Dr. & Belcher Rd.; Lot 1,
Sunset Gardens Sub., S 1/2 Sec 24-29-15 (Dust) A 87-32, LUP 87-22 (POD).
ern ATTORIiEY
Deeds & Easements - Accepted and authorized execution and recording.
Item It62 - 40 ft. wide Drainage & Utility Easement in the NW 1/4 of the NW
1/4 of Sec 29-29-16. (McCormick lIarbourside Limited Partnership by McCormick
Properties, Inc.).
Item It63 - 10ft. Water Main Easement lying in the N'W 1/4 of the N'il 1/4, of
Sec 29-29-16 (McCormick Harbourside Limited Partnership by McCormick Properties,
Inc.).
o
Commissioner Winner moved to approve the consent agenda as submitted and
that the appropriate officials be authorized to execute same. Motion was
duly seconded and carried unanimously.
x-- Other Items on City Manager Reports
Item It64 - (Continued from 8/6/81) Proposed Contract for Sale of the S 35 ft.
of the N 126 ft. of Blk. E, Eldridge Subdivision (PW).
The SUbject property was declared surplus to City needs on September 16,
1982, and subsequently advertised for bid on January 28, 19B3. The minimum bid
was $900. No bids or offers have been received since that time.
Tom Selhorst has now offered $1,000 for the property. Closing would take
place within 30 days of contract approval. All closing costs will be paid by the
buyer and the title will be transferred by Quit Claim Deed.
The City has received a copy of a quit claim deed indicating Mr. Selhorst
owns the property to the north of the subject parcel.
Commissioner Regulski
Selhorst for the purchase
officials be authorized to
unanimously.
moved to approve the proposed contract with Tom
of the subject property and that the appropriate
execute same. Motion was duly seconded and carried
2)
(BoOk 40)
95.
8/20/81
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Item /165-
Consumption
Clearwater
(at) .
Country
Club
Lease
Amendment -
Alcoholic
Beverage
o
The recently executed lease between the City of Clearwater and Clearwater
Country Club, Inc., paragraph 3(c) restricts alcoholic be~erage consumption to the
confines of the Club facility. The amendment to the lease requests consumption to
include the golf course. In October 1986, the Club changed licenses to allow for
consumption on the golf course.
The Planning Director stated the conditional use for alcoholic beverage
granted by the Planning and Zoning Board restricted the selling of alcoholic
beverages to the clubhouse; however, they would not be sold on the course, but
merely consumed there.
Discussion ensued regarding the need to amend the City's ordinance
for alcoholic beverage consumption on public property. The Commission
make it clear that this provision would be terminated should the
terminated.
providing
wished to
lease be
Commissioner Nunamaker moved to continue this item to September 3, 1987.
Motion was duly seconded and carried unanimously.
Item /166 - Utility
& Howell Expediter
of $24,564.00 (Dr).
Bill
7200
Inserting Machine - Contract
Inserter System from Bell &
to purchase one ( 1 )
Howell, Tampa at a
Bell
cost
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The Utility Dept. requested solicitation of bids for the inserting machine.
Nine bids were solicited of which three were received. Pitney Bowes, Tampa,
submitted a low bid of $22,812.00, but was not considered due to the fact that
their machine would not fit i~ the available space. The lowest bid, $18,568.64,
from Modular Mailing Systems, Inc., Tampa, is being recommended for rejection due
to information received from referrals supplied by Modular t1ailing Systems of a
negative nature. Also, upon trying to contact the manufacturer for information,
no one was available and no response was received. In addition, the life
expectancy of the Modular Mailing Systems machine is five (5) years and Bell &
Howell is fifteen (15) years.
Steve Michael, representing Modular Mailing Systems, stated they do have a
good reputation and are dependable. He requested the Commission delay a decision
until further information could be obtained.
Phil Bennis,
Director reviewed
recommendation.
Purchasing Officer and
the process used and
Bob
input
BrUlllback,
received
Assistant Utilities
in arriving at the
Commissioner
Howell, Tampa, FL
to execute same.
Nunamaker moved to award a contract to purchase
for $24,564.00 and that the appropriate officials be
Motion was duly seconded and carried unanimously.
to Bell &
authorized
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(Book 40)
96.
8/20/87
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Item ~67 -- First Reading, Ordinance 44b1-87, Sanitation Rates, FY 1987/88
- Residential rate increase of $1.27 per month per customer for a new monthly
charge of $15.42, and Commercial rate increase averaging 3.1% to bring the mean
cubic yard cost to $5.42 (UT).
The "pass through" amount was calculated based on Pinellas County's raising
its solid waste disposal fees on all trash except yard trash, from $20/ton to
$37.50/ton effective 10/1/87. Our trash collection operat.ion does not separate
yard trash from other refuse. Therefore, all refuse will be disposed of at a rate
of $37.50/ton, which means a $17.50 increase on 9.8~ of our current year's
expected tonnage. For one year only (10/1/87 - 'j/30/88) yard trash will be
disposed of at $25.00/ton. The following year all refuse is expected to cost the
same higher rate.
In the past two years, the total number of customers has increased 1.3% per
year while the total tonnage has increased an average of 9% per year. As a
result, additional disposal costs have been incurred and m~st be accounted for in
the rate increase.
The proposed rate increase will also fund a debt service augmentation of
$62,200 required by the financing of a new Sanitation Off'ice and shop building
which is planned for FY '87/88.
Discussion ensued regarding the need for the increase and whether or not
there were ways to further reduce the cost of the sanitation services. The
Utilities Director indicated that staff has made many improvements in the system
and has implemented many cost saving procedures; and it is felt we are operating
as cost effectively as possible.
o
I t was recommended that we encourage the implementation of the newspaper
recycling program which is being done on a test basis in several neighborhoods.
The City Attorney presented Ordinance 4461-87 for first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4461-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item 1168 - Resolution 87- 32 approving the conceptual design for the Countywide
Computerized Traffic Signal System and Agreement with Pinellas County for the
operation and maintenance of the system (TE).
It is the County's desire that the cities of Clearwater and St. Petersburg
approve the conceptual design and an agreement to operate and maintain the signal
system prior to advancing to the next stage of the project.
The Countywide system will be, in reality, three systems operated by
CleaFwater, St. Petersburg, and Pinellas County. The study and the equipment to
be pUl'chased are funded by the local option gas tax.
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(Book 40)
97.
8/20/87
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The Traffic engineer reported there are problems with the agreement and he is
requesting the Commission consider only the resolution at this meeting. He also
stated there was some confusion regarding the funding of personnel by the gas
tax. No personnel for any of the entities will be paid through the gas tax.
Bruce Freedman of Kimberly Horn and Associates, the designers of the
Countywide computer system, reviewed the proposal and what changes will be made to
the Clearwater system. He stated the schedule for Clearwater would have the plans
and specifications by February o~ '88, the contractor hired by the end of May '88,
testing in January of '89 and acceptance testing in May '89 at which time the
system would be turned over to the City of Clearwater.
In response to a question, it was indicated the City will be responsible for
maintaining its portion of the system once it is turned over to them. There was
concern that the systems be monitored to assure that all members of the plan
maintain their system at an acceptable level. It was stated it will take four
years to complete the other portions of the plan.
It was suggested that a provision be made that would allow emergency vehicles
to have a pre empt on this system.
Commissioner Regulski moved to pass and adopt Resolution 87-32 and
the appropriate officials to execute same. Motion was duly seconded.
call the vote was:
authorize
Upon roll
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
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Item #69 Ranking of Consulting
Widening Project as recommended by a
negotiation of a contract (~).
In response to proposed Florida DOT improvements to U.S. 19 in the
Countryside area and with the availability of funding through the Pinellas County
"gas tax" program, widening improvements have been planned for Countryside Blvd.
between Belcher Rd. and S.R. 580.
Engineer Selection for Countryside Blvd.
Management Engineer Selection Committee; and
General advertisement for expressions of interest have resulted in ten
consul ting engineering firms submitting professional qualification information.
After initial review by a selection committee, four firms were selected for
interviews and were given a preliminary scope of engineering services.
The Selection Committee members were Mr. Fred Mole', Asst. Dir., Central
Services; Mr. Don Meerians, Asst. Dir., Traffic engineering; Mr. Terry Jennings,
Asst. Public Works Dir.; Mr. Roy Sattinger, Engineer, Public Works; and Ms. Terry
Finch, Environmental Division. Based on a review of the technical proposals and
the engineer's presentations, the Selection Committee recommends that the
Consulting Engineers be selected as follows: 1) Tampa Bay Engineering, Inc. 2)
Post, BUCkley, Schuh & Jernigan, Inc.; 3) George F. Young, Inc.; and 4) Flood
Engineering, Inc.
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98.
8/20/87
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In accordance with the State of Florida Competitive Negotiation Act, the
engineering firms have been selected based upon their qualifications and
experience. After selection and ranking by the Commission, negotiations regarding
fees and actual job description will begin. A contract agreement will then be
prepared and submitted to the Commission for approval.
The Assistant Public Works Director indicated
eliminate all access to US 19 from Enterprise Rd.
proposed scope of work in that the City will not need
this time.
D0T no longer plans to
and this will affect the
to do the entire project at
Commissioner Berfield moved to approve the recommended ranking of Consulting
Engineer firms and to authorize the City Manage~ to negotiate a contract for this
engineering work and that the appropriate officials be authorized to execute
same. Motion was duly seconded and carried unanimously.
Commissioner Berfield left the meeting at this time.
Item H70-- Cody & Associates, Inc. Pay & Classification Study (PER).
. .'
On June 2, 1987, George F. Cody, senior partner of Cody & Asociates,
presented the "Classification and Pay Study Report" for the City of Clearwater. A
revision of parts of the report was written July 8, 1987. The Cody study offered
several recommendations in a section entitled "Major Findings & Recommendations".
The Personnel Dept. is proposing approval of certain sections of the proposal,
specifically those addressed under the proposed SAMP pay plan.
o
Co~~issione~ Regulski moved to approve the recommendations of the Personnel
Dept. and that the appropriate officials be authorized to execute same. Motion
was duly seconded and carried unanimously.
Commissioner Berfield returned to the meeting.
Item 071-- Pinellas Suncoast Transit Authority Appointment (1 member) (eM)
Mayor Garvey's term on the PSTA expires 9/28/87 and she is eligible for
reappointment.
Commissioner Nunamaker moved to reappoint Mayor Garvey to the PSTA Board of
Directors for a three year term 9/28/87 -- 9/28/90. Motion was duly seconded and
carried unanimously.
XI- Other Pending Matters
Item 072 - Schedule Special Meeting for Pension Rewrite Discussion.
Commission consensus was to set a special meeting to discuss the Pension
Rewrite on September 1, 1987 at 7:00 p.m.
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99.
8/20/87
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XII- Verbal Reports
The City Manager reported the "Clearwater Pass Bridge" would open at 6:00
a.m., August 21, 1987. He also reported the City will be repairing the roof at
"Ervin Harris' Youth Club". "Safety Village" is almost ready to reopen and a date
will be set for opening ceremonies. He stated the requests reoeived from the
"Downtown Clearwater Assoc." had been misplaced for which he apologized. Staff
will be responding as quickly as possible.
CITY ATrORIIKY REPORTS
XIIJ: - First Reading Ordinances
Item 1173 - Ordinance 4455-87 - Amending Ord. 2019 to change Land Use Designation
from Low Density Residential to Recreation/Open Space for property located at the
Wend of Hoyt Ave., adjacent to & N of the Eddie C. Moore Recreation Complex; M&B
33.02, Sec. 9-29-16; LUP 87-13 (Z 87-8).
The City Attorney presented Ordinance 4455-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4455-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey_
"Nays": None.
o
Item #74 -- Ordinance 4456-87 Zoning Atlas Amendment from Single Family
Residential "Six" District (RS-6) to Open Space/Recreation for property located at
the Wend of Hoyt Ave., adjacent to & N of the Eddie C. Moore Recreation Complex;
M&B 33.02, Sec. 9-29-16; Z 87-8 (LUP 87-13).
The City Attorney presented Ordinance 4456-87 for first reading
and read it by title only. Commissioner Winner moved to pass Ordinance 4456-87
on first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #75 - Ordinance 4462-87 - Vacation of a portion of Rogers st. lying between
the S'ly extension of the E line of Lot 7, William Brown's Sub. of Bay View, and
the S' ly extension of the E line of Lot 8, Bay Heights Sub., Sec. 17- 29-16
(Stowell) V 87-9.
The City Attorney presented Ordinance 4462-87 for first reading
and read it by title only. Commissioner Winner moved to pass Ordinance 4462-87
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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(BOOk 40)
100.
8/20/87
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Irl- Other City Attorney Items - None.
xv- Other Commission Action
o
Commissioner Winner
involvement in the Becker
appeals without Commission
his concern
seen off premises
the City's
no lawsuits or
for addressing
regarding the definition of signs including those that cannot be
and requested the Ordinance be placed on the next agenda.
questioned a
et al case
approval.
newspaper
in light of
Thanked the
article regarding
the pOlicy of
City Attorney
Commissioner
was a good report
Commissioner Winner
be prepared for gas
Regulski stated the
and very readable;
requested that, in
appliances.
recent report regarding
pleased the division is
conjunction with this, a
the gas division
showing a profit.
separate statement
east
Commissioner
side
of
Rd.
been
a
hot dog vendor located
Staff reported they
asked to request
an amendment to the
No action.
on the
felt this
whether or not
Bilgore
XVI - Adjournment
The meeting adjourned at 10:45 p.m.
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(Book 40)
101.
8/20/87