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10/15/1987 (2) r .; ,J: " ." 't'" '.. '., . ," " 'r' .. ~~~I"~""'-'-"_~~~~~~:;' CIn COMMISSION MElttIHG October 15, 1987 o The City Hall, present: City Commission of the Thursday, October City of 15, 1981, Clearwater at 6:00 met in regular session p.m., with the following at the members Rita Garvey James L. Berfield Lee Regulski Don Winner William Nunamaker Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present were: Joseph R. McFate M. A. Galbraith, William C. Baker Paula Harvey Cynthia E. Goudeau II Jr. Interim City Manager City Attorney Public Works Director Planning Director City Clerk The Mayor called the invocation was offered Methodist Church. meeting to order and by Dr. Vincent S. led the Pledge of Allegiance. The Malkinski of Union Street United In order to provide continuity tor research. the items will be listed in agenda order although not necessarily discussed in that order. Q III - Service Pin Awards 2 service pins were awarded to City employees. IV - Introductions and Awards Citation of Appreciation presented to Rita Canan for six years of service on the Beautification Committee. Proclamations Employee Fitness Week - October 19-23, 1987. V Minutes September 22, of the 1987. Regular Mee ting of October 1 and Special Meeting of Mayor October 1, Garvey questioned 1987, pages 189-191, whether the motion f'or Item f144 of the minutes included the condition berms not be used. of It was not a part of the motion. fOllowing: "It was the necessary f'or screening, However, the minutes are amended to add the consensus of the Commission that berms not be used unless and the native vegetation and foliage be preserved". . (Book 40) 210. 10115/81 r I ' " ' "'R""" , ' , , . , , '. " .,fo ,,' ' .. .- --, " :'" ,,' " ;' ,,-', _ :~~~ . . '~4~ .~:. ~ . , r ~. , ,/;~~~.l;~~YJr.&J!'J}W9.~~li.'J'oI;(~~ ... ~---_._------_..~ _..---",__._",-"':~J,I.,V.-bW"'''''''''_'''_~'''''''''''''''.nH..,....~~ft<<...>~~'<lIlIIt;''~''''''~S.*I~~.n(~~l':.f;~~~J~ ' o Commissioner of October 1, as and submitted in was duly seconded Winner moved to approve the minutes of the regular meeting amended, and Special Meeting of September 22, 1987 as recorded written summation by the Clerk to each Commissioner. Motion and carried unanimously. . 'J VI - Presentations Nagano City Japanese Teachers were introduced and presented with gifts from the City of Clearwater. They brought greetings and a gift from the Mayor of Nagano City. Other Sister City participants were also introduced. VII - Citizens to be heard re items not on the Agenda Harry Mullen stated he could not accept the contract for purchase of the surplus property on Brentwood Ave. that was previously approved by the City Commission. He requested the City Commission consider his counter offer which has been submitted to the City Attorney. Joe Fletcher, Sr. questioned the former City Manager's authority to file suit against Jim Gray. VIII - Public Hearings Item fl9 Zoning Atlas Amendment from RPD 6.5 to RS-8 for a 4.59 acre parcel located on the N side of Nursery Rd. immediately adjacent on the W to t Florida Power ROWand approx. 1,400' W of lJS 19; Lot 12, Pinellas Groves, SE 1/4 Sec. 19-29-16 (Curtis, Trust) Z 87-17 (POD). o The property owner proposes to develop a 16 lot single family residential subdivision. Commissioner Berfield moved to approve the requested the subject property and to direct the City Attorney to ordinance. MOtion was duly seconded and carried unanimously. zoning amendment include this in on an Item #10 - Change in the conditions (required by the City Commission) related to previously approved variances for docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key; Lot 50, Marina del Rey at Sand Key, Sec. 30-29-15 (Wayne Schmidt, owner of Lot 50, Marina del Rey at Sand Key) (POD). On December 13, 1979, the Board of Adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of maximum width and length for the Marina del Rey townhouse development (73 lots). The applicant appealed the decision and on January 3, 1980, the City Commission reversed the decision by the Board and approved a variance to construct docks 36 feet in length and 3 feet in width for each lot excluding lots 1 through 9, with pilings on the lot line side not to extend beyond the floor line of the dock and with zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the City Commission. The owner of lot 50 now requests approval of a 40 foot long dock, 24 feet in width with tie poles. The dock will be 4 feet longer and 21 feet wider than the length and width approved by the City Commission. ~ \iiJiI (Book 40) 211. 10/15/87 ,"'" i", [7'" .' .' , , j'" ':, ... ", r '1':',:',':',. ~' , ' , , ~ I' : ..:~i~~~~. :r.~1:; ~~.<<>?~ ~.' ~ . ."..~ . . . .' _ .~. ~..~:-,4;\;~~~ffi~lJ~~,f~1-:;;~}~A:~,~.~..1.~~~-I'u""""'_~~~:A..._.._...__~...,)#.:v'~"''''\.N'\I1."~l.'!1'I'$1lV\~'>/I(~''''fl..f>>;ffl.W'${t'''t...f.{:~I.__,..;t,,'~p1l~"">l"""",,,_~""'~~t._C~~~'V"'..%:t."H-Wl."!lI\::I'i"..IIL."''/Jt':1l}..~PSi'jo.~.fl':'\:'')~~~ I . o Doug Speeler, representing the owner of the property, Wayne Schmidt, stated Mr. Schmidt thought a variance had been granted. The structure for which the variance is requested is already built; however it is going to have to be torn down as it does not meet code in other respects. Mr. Schmidt wants permission to rebuild to the size of the existing dock. He stated Mr. Schmidt was the victim of an unscrupulous contractor who is no longer in the City of Clearwater. Mr. Speeler emphasized no one at Marina del Rey is objecting to Mr. Schmidt's dock and proposed boat lift. Discussion ensued regarding whether a hardship exists. responded the hardship is the size of Mr. Schmidt's boat. Mr. Speeler Commissioner Berfield moved to deny the requested variance. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye"; Commissioner Nunamaker voted "nay". Motion carried. Item #11, (Cont'd trom 10/1/81) Public Hearing & 1st Reading Ordinance 4420-87, Relating to Alcoholic Beverages Creating Sections 72.11 through 72.19, To provide uniform operational regulatjons 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 Repealing Section 136.025(c)(1) and (2), and Sections 72.01 through 72.10 (LDCA 87-9) (POD). o Discussion ensued regarding whether change of business ownership should trigger a new application. At the present time, the alcoholic beverage conditional use does not run with the land. Any business use is revokable by criminal prosecution or civil suit for nuisance. The City Attorney stated he felt the reversion provision is enforceable. Concerns were also expressed that the establishment not be unduly held responsible for behavior of patrons after they have left the premises. When questioned whether the reversion provision is as strict as it could be, the City Attorney responded it is as strict as would be allowed by Constitutional constraints. The consensus of the Commission was to approve the proposed amendment dealing with the reversion procedures; that the conditional use would not run with the land but would be personal to the owner/operator; and that a variance to the distance requirement would run with the property. Discussion ensued regarding the method of measuring distance and the use of the word "structure". The City Attorney stated he would clarify the language regarding the method of measurement. A question was raised regarding the excluded City facilities on page 4 of the ordinance. Consensus was to change the ordinance to exclude all City facilities when rented for private parties. ~ \,wi (Book 40) 212. 10/15/87 i. . p J/; '. \. JI' r- ~ , '.,. . ' !~~;'~....., ',' . ' " ' " , ' , ' , , ,." , '-~ ~\tL'" 1~1/f;~~' t. '", ' . " . , ", ;,:;\v.r-~:[;'~~i'~~5i~(u:t;~l~f:%lt.V~J1~;:\~j\""i~r.t\,,;;I"S!~~''';;''''~L';i~fl>lItrJ,.e'~""'-"T}':~'f",'^''t:lif.#-:;'1i:,~.'>;;';!W;{~,1:~," "Kr,~";\,::~~;:;~,*,r-t.;",~"'"'<'r,~,j,::,<:,,~."'!'P~"T'.$!'~,,,"--'__~__""';'_""""....""'....""'~,i~J;f_'iJ;i~~Aitf, ' ft Discussion ensued regarding the number of feet for the distance requirement. Commissioner Regulski distributed a chart with suggested distances for the dif~erent alcoholic beverage designations. The listed exceptions from the minimum distance from residential zones for package sales of beer and wine states the minimum distance should be 25 feet providing no deliveries, building, or property services be performed between the hours of 10 p.m. and 6 a.m. and no entries, exits, windows, building or other services equipment be located within 50 feet of the residential zone. The Planning Director stated she would need approval from the Fire Marshal regarding the provision for no rear exit. The 4COP alcoholic beverage separation designation would be 300 feet, except tha t the minimum distance would be 25 feet provided no entry, exit, window, building or other service area or equipment be located within 150 feet of a residential zone. Commission consensus was to change the 150 feet to 200 feet. The Planning Director requested direction regarding excluding the downtown and beach commercial districts from the distance requirement. Discussion ensued and Commission consensus was to exempt the urban center, beach commercial and resort commercial zones from the di3tance requirement. Commissioner Berfield requested a copy of the amended ordinance be sent to the Ministerial Association and the P.T.A. groups. The City Attorney presented Ordinance 4420-87 as amended for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4420-87 as amended on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker and Garvey. o "Nays": Berfield. Motion carried. The meeting recessed from 8:45 to 9:02 p.m. Item #12 Second Reading, Ordinance 4474-87 Zoning Atlas Amendment ~rom Limited Office (OL) to Aquatic Land/Interior (AL/I) for a parcel located on the W side of McMullen-Booth Rd. approx. 500' N of SR 590; Part of M&B 33.03, Section 4-29-16; (Babcock Co.) Z 87-10. Due to an error in continue this Item to the and carried unanimously. the legal description, Commissioner Berfield Inoved to November 5, 1987 meeting. Motion was duly seconded Item #13 - Second Reading, Ordinance 4475-87 - Amending Ordinance 2019 to change the Land Use Designation from Low Density Residential to Public/Semi-Public for a 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.; Part of M&B 24.01, Sec. 9-29-16; z 87-7, LUP 87-12 (One Kapok Terrace Ltd.). The City Attorney presented Ordinance 4475-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4475-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: ~ V "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays" : None. (Book 40) 213. 10/15/87 .. ' '. r:-- , ~ ,'~ " ': ' ~ f'" ..~ " ";nl"~~~";'!..."\.rf, .~ > .~. 'k . "4i~~}.~~tM:.rt~l':..fu~~~r:'(""..~~l.~~Jf':..''\:tjUI"""","~_ _~_..___-'-.oi~W.'~. . _'N~::1~i;i:;''4.,~~T.!t'~~~;l'R~::~~~:~r:jt.t{......W'i.Sf~ _~".l4UV:.:5'$\~.~~j-?::,;~~1R.:' ., l ~ I ; ~ ~ "': o Item /114 Second Reading, Ordinance 4476-87 Zoning Atlas Amendment from Residential Planned Development "Eight" District ( RPD-8) to Public/Semi-Public District (P/SP) for part of M&B 24.01, Sec. 9-29-16; LUP 87-12, Z 87-7 (One Kapok Terrace Ltd.). The City Attorney presented Ordinance 4476-87 for second it by title only. Commissioner Nunamaker moved to pass and 4476-87 on second and final reading. Motio~ was duly seconded. the vote was: reading adopt Upon and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item n15 - Second Reading, Ordinance 4477-87 - Annexing a parcel of land located E of and adjacent to Fortune Savings Bank located on the E side of Belcher Rd. approx. 700' S of Gulf to Bay Blvd.; Part of M&B 32.06, Sec. 18-29-16; A 87-23, LUP 87-14 (Fortune Savings Bank). The Planning Director stated the Pinellas Planning Council has not reviewed this annexation and staff is requesting this Ordinance be continued. Commissioner November 5, 1937. Berfield moved to continue this Item to the Motion was duly seconded and carried unanimously. meeting of Item #16 - Second Reading, Ordinance 4480-87 - Annexing a side of Woodbine St., approx. 460' E of Betty Lane; Lot Sub.; A 87-26 (Harold Kenny) parcel located on the N 16, Blk. B, Pine Ridge <3 The City Attorney presented Ordinance 4480-87 for second it by title only. Commissioner Nunamaker moved to pass and 4480-87 on second and final reading. Motion was duly seconded. the vote was: reading and read adopt Ordinance Upon roll ,all "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item 1117 - Second Family Residential (Harold Kenny). Reading, (RS-8) Ordinance 4481-87 - Zoning Atlas Amendment as Single for property annexed in Ordinance 4480-87; A 87-26 The City Attorney presented Ordinance 4481-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4481-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. e (Book 40) 214. 10/15/87 ,', . ~ _<t'~~.-,u..,. -^H 1I..,..,.t.>P'\".~;;~'.,:i~:,. ::: " h' , " " -' :'. 'r j. .. .,...... r- ~ ,~ ''Wt'''iI'.i("..~.;, . . . , ' " . " , . ' ""-':I;';...~r,i;ll6,\i- " ' ".~itS,!.;:?~~lf,"~"W}.1'3itW,$:~?:i~~~'ft~l"7f.JQ::lliU~~..--u._"'"'__....____ttU:.r"~';~.h1~a..,-::..:'''zot- ;:,.t....7~!....,;-.t~..~\:\.~t::.-:',.L,;'}:t';?-..;..~~~.~tff"..?.L~trt.'1~.l'..j:\.~J;t'J~~~~"""'~~"~;1Zi~j.i;..::.~.".l;#".-..:""'l.".n.1: ~l&" Item #18 - Second Reading, Ordinance 4488-87 - Annexing a parcel of on the E side of Pineland Dr. approx. 300' N of Overbrook Rd.; Heights Sub.; A 87-27 (Ed O'Hanrahan Jr.). land located Lot 1, Jade o The City Attorney presented Ordinance 4488-87 for second it by title only. Commissioner Nunamaker moved to pass and 4488-87 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. I tern 1119 - Second Read ing , Family Residential District A 87-27 (Ed O'Hanrahan Jr.). Ordinance 4489-87 - Zoning Atlas Amendment as Single (RS-8) for property annexed in Ordinance 4488-87; The City Attorney presented Ordinance 4489-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4489-87 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 #20 - Second Reading, Ordinance 4490-87 - Annexing a parcel located 342' W of Highland Ave. at the Southern terminus of Weston Dr.; M&B 33.04, Sec. 2-29-15; A 87-28, LUP 87-19 (Holland). o The Planning applicants are to time. Commissioner November 5, 1987. Director stated there is a question regarding ownership. The provide proof of ownership which has not been received at this Winner moved to continue this Item to the meeting of Motion was duly seconded and carried unanimously. CITY MANAGBR REPORTS IX - Consent Agenda - Approved as submitted. AdYisory Board Notirications - Received. Item !J21 Beautification Committee (2 members) (CLK). Item #22 Municipal Code Enforcement Board (2 members) (CLK). Item #23 - Planning & Zoning Board (1 member) (CLK). Agreements - Approved. Item 1124 Line of Credit Lease Purchase Financing Agreement with Citicorp Industrial Credit, Inc. to provide $1,850,000 to cover all planned lease purchase equipment acquisitions for FY '87/88; individual contracts to be for five years each at an interest rate of 83.6% of New York Prime Rate on the date the contract is executed (FIN). c (Book 40) 215. 10/15/87 '. _" ~'t'4 ~r<' , ~ '" ,l ;..>. ~.. .r- I .. "', ,.,- i "~7~~:k'r"S;~' .... 1 ~ . . ..' . . . _ -)~J~~~l~-4f,~:tt~~~.'." tt,!k,:/i.!~r.:..l~1t?-"J:*~~~'\li.m;;rJ("#l:~i'z.~~~_,____"'_"lUf'0"'5--,:l("M~~~'"~..v.~a~'~,lf,;'lUoillo'-:..n:'-'~".,11'.~r.:nJ'ofn':'U.{"J:",,;)~~~.....1',..~......____~";W"~'fblHl...~~~~'1,,"--U-,_~'~'C-_::L,.:....t.....,.~~a:.:_,. Item #25 - Purchase of Lots 18, 19, 20, and 21, Janie Daniels Sub. for a total of $57,000.00 from James & Leonard Burrell (PW). '~ '~ o Item /126 Letter of Agreement with Florida Gas Transmission Co. required of Florida Gas Transmission Co. for their application to the Federal Energy Regulatory Commission for approval to modify its transmission mains in the Florida Panhandle; under the proposed new agreement, the term for two classifications of gas would change from June 1, 1992 and 1999 to September 30, 2003 (OT). Item 1127 Clearwater Shuffleboard Club Agreement City to give the Club $17,500, $12,500 to be repaid in a five year period at $2,500 per year interest free; for the construction of a roof canopy over 13 courts (PR). Bids & Contracts - Approved. Item #28 contract (CS) . to Retrofit of Side Rand Automated Loading Sanitation Compaction System, Units, Inc, (2) Haxon Raleigh, Eagle - Award NC, $64,268.48 .. Item #29 Coin Operated Copiers, Libraries Award contract to Capital Copy, Inc, Ft. Lauderdale, to furnish copiers for the Main, N. Greenwood, Clearwater East, and Beach libraries; copies to be vended at 20 cents/copy with City's share of revenue to be 26% (approx. 5 cents/copy) of all monies collected with estimated annual revenue of $9,000.00 (LIB). Item /130 Submersible Pump (1-Flygt) Award contract to purchase from Ellis K. Phelps & Co., OrlandO, for $9,692.00 (PV). o Change Orders - Approved. Item #31 - Change Order #2, 1986 Sanitary Sewer Extension Contract -$302.60 for a new Contt'act total of $228,053.15, and extending the contract time 12 months (PV) . Citizen & Staff Requests - Approved. Item #32 Employee Selection Test Validation Project Agreement between University of South Florida consultant Dr. Edward L. Levine, $2,700.00 (PER). Item /133 Annual Report on the Development of Re ional Impact of Park Place Metro Development Corporation) (POD). Item #34 - Consulting Engineers Selection, Clearwater Pass Bridge - Firms ranked by the selection committee as follows: 1) David Volkert & Assoc., Inc.; 2) HDR Infrastructures, Inc.; and 3) DSA Group, Inc. - all located in Tampa, PL (PV). Receipt & Referral - Received and Referred to proper departments. Item #35 - Petition for Annexation, RM-16 Zoning and a Land Use Plan Amendment from Low Density Residential to Medium Density Residential for a .88 acre parcel located on the N side of Nursery Rd. approx. 625' E of Belcher Rd.; the W 264' of Lot 11, Pinellas Groves, SW 1/4 Sec. 19-29-16 (Hilkert) A 87-35, LUP 87-24 (POD) . o (Book 40) 216. 10/15/87 :' fl'....,..,....~__..:-. ,r- '~, ~', , " ~ .. .. .. . r-- ~. , ... .'., .. f ~ .. ~. . ... 'u'''" ,. .:~~~~ t~~?t'/~:~r~~~'~l~~~r.iU1'<<WM1Wo"toW"M___'~~'_."'_""'''''_._4''''''''___'' _~",,"~1.\h'.1t'.'I.fJV'-'-~ ___~"--"'-__" ~ j Item 036 - Petition for Annexation and RS-8 Zoning of a .25 acre parcel located on the W side of Sylvan Dr. approx. 250' S or Sunset Point Rd.; Lot 17, Blk. A, Harbor Vista Sub., SE 1/4 Sec. 3-29-15 (Horvath) A 87-36 (PUD). o CITY ATTOBBRY Deeds & Easements - Approved. Item 037 - 20' Wide Storm Drainage Easement lying in the SE 1/4 or the SE 1/4 of Sec. 7-29-16 (Maurioe A. Rothman). Item 038 40' Wide 1/4 of Sec. 7-29-16 Drainage & (Maurice A. Utility Easement Rothman) . lying in the SE 1/4 or the SE Item 1139 1/ of Sec. 7-29-16 draina e) Easement lying in the SE 1/4 or the SE Rothman). Item 040 - No Item. Commissioner Regulski moved to approve the that the appropriate officials be authorized to seconded and carrIed unanimously. Consent Agenda as submitted and exeoute same. Motion was dUly x - Other Items on City Manager Reports Item 041 Preliminary Site Plan the N side or Gulf-to-J3ay Blvd., 17-29-16 (Birton E. McMullen) PSP for Gulf-to-Bay (Of nee) Building located on approx. 270' W or Hampton Rd.; M&B 24.01, Sec. 87 -35 (POO). o The applicant proposes to construct a three story 36,000 sq. rt. ofTice building with related parking on this site. There is a 50 ft. City of St. Petersburg water line easement running diagonally across the property (no struoture may encroach in this easement). The site plan indicates a m;R wetland mitigation area with proposed channel on the east side of the site (the existing wetland area runs in an east/west and north/south direction through the center or the site). The applicant's tree survey, which is a part of the site plan, indicates that approximately 168 or the 217 oaks, 32 of the 34 pines, 7 of the 8 camphors, and 3 of the 6 bay trees ex is ting on the site will be removed or destroyed by the proposed development. Access is proposed at one point ofr Gulr-to-Bay Blvd. and to the Park Place Office Complex to the north via a private drive. The Planning Director stated the major problem with this preliminary site plan is the proposed destruction of trees on the property. Discussion ensued regarding the alignment cause excessive speeding through the parking Engineer, stated the trafnc flow needs to be this development will have a significant impact, 4:00 to 6:00 p.m. or the access cuts which could lot. Keith Crawford, Traffic smooth without abrupt changes as particularly between the hours of o (Book 40) 217. 10/15/87 '. " ":." . ,,~. ... r- ~ , , , t .. .I ':. c~~f~f~::;~!1'?il~;~:~1~:~~I'~rr:'?~'1h'';;'4i.!~~~t..,I''tI~~",J~'''':J1IJ,'~~~:,:,"~1,iI."'i~~4~~''f'''.n;''.l"\W,''-'''''' ,II~'{ ,...,.,........_.M....."~'No":;, _,;>:r',', "'~,t>' , .~. .-; ~'}1"" ..r........._~ '0- ..- .....~......."'-.~.~_.-.~---------_................_.......~....--~... '.' Q Howard Camp, of Camp Enterprises, stated he is the purchaser of the property and is working with King Engineering in designing the project. Mr. Camp stated it is a difficult site because of the number of trees and the water line easement. He has met with the Department of Environmental Regulation (DER) and with the Southwest Florida Water Management District (SWFWMD) regarding the mitigation effort and has been working with Alan Mayberry, Forestry Inspector, regarding the relocation and planting of trees. Mr. Camp stated there is a five year monitoring program required by both the DER and SWFWMD regarding the survival of the trees in the mitigation effort. o Commissioner Regulski moved to au thorlze review of a final site plan by D.R.C. with final action by the City Commission subject to the following conditions: 1) Signs and fenoing shall be subjeot to separate review and permitting processes; 2) The size and location of the trash container(s) must be provided on the site plan for D.R.C. review; 3) No structure may encroach into or over the St. Petersburg Water Line Easement or the wetland area located on the site (the site plan indicates a corner of the building in the easement and a corner in the DER wetland Mitigation area, therefore, the site plan must be revised; ~) The applicant shall work with the Forestry Inspector and Planning staff to save the maximum number of trees possible on the site (may require revisions on the site plan), prior to D. R.C. review. (The Forestry Inspector should submit a report on this matter to D.R.C.); 5) An easement must be provided for the private drive to the abutting property to the north as required by the development order for the Park Place D. R. 1., such easement to be more closely aligned with Sky Harbor Drive; 6) The applicant shall obtain AL/I zoning for the wetland mitigation area prior to certification of the final site plan; 7) One loading space must be provided on site; and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item D42 - Receipt and Referral of Petition for Annexation, CH Zoning and a Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for a .46 acre parcel located on the SW corner at the intersection of Haas Ave. & US 19; being a portion of Lots 1 & 2, Haas Sub. & a portion of Lot 3, Blackburn Sub., Sec. 6-29-16 (Ridge Haven Assoc., Ltd.) A 81-31, LUP B7-25 (PUD). This is a portion of the property presently developed as the Ridge Haven Trailer Park. The request is made to permit a lease arrangement of the subject parcel and its development as a restaurant. The relocation of several sheds in conjunction with the single family residential use on Lot 1 and the relocation of three mobile homes will be required. The Planning Director has concerns regarding the odd configuration of the parcel. It is Commission policy that requested annexations include all contiguous property under a single ownership. The property owner making this request also owns Lots 2 through 8, Haas Sub. and the remainder of Lot 3, Blackburn Sub. The petition does not include these other properties. Robert Deoker, attorney representing the owners of the property, stated the requested annexation is primarily for sewer hookup for a proposed restaurant oalled "Pizza Now". The odd configuration is due to an effort to meet the minimum lot size in CII (Highway Commercial) zone, thereby eliminating the need for a varianco. o (Book Ita) 218. 10/15/87 'kG . (I , ' , ,. , , . ;; " 'F" " . .' .. , , ",;', " , . .~ , ~ " , .-' . . . ':~~L~~y.:'j~..tt~~.r,.'('l~.\.f{tJ~ ~I";t'\t.yt'./'Il'''_~''''- ".......__.___nl"......>.....~..~_..._~___ ~ ~ ..~. .~"'___ '"'.............._..____ __"Yo ......,,_..,....:,">, <I'...~.....;~lo<.~,__.........._.___..__._ __.a.-. _,.i..:.,,~l.t....!J'JG'r.~~M';?!.~:ttw'2~~~~i .f' o DiseuD3ion onsued regarding the fact that the contiguous properties are not proponod to bo annoxod. Conoerns were expressed regarding the proposed restaurant right next to tho mobilo home park. The Planning Director stated the restaurant could request an alooholio boverage designation in the future. Commissionor Rogulnki moved to not consider the petition for annexation, but to allow tho ownors of tho property to come back with an application with a more normal configuration. Motion was duly seconded and carried unanimously. Item 0113 - Parking Lot Lease for Lot 18 with Hary H. and William C. Kravas for throe yoar~ (11/1/B7 - 10131/90) (TB). The City has operated Lot 18, owned by the Kravases and located west of the Post Office on Clevelnnd St. for several years. The now lease contains the same basic proviSions but provides for a revised distribution of income and computation of gross receipts after sales tax is deducted. The loase calls for a minimum monthly rent of $800.00 plus 75% of the gross reoeipts in exoess of $1,200 each month. The metor rates were increased from 10-20 centslhour in August, 1987; therefore, it is expected the income will increase by 50%. Conoerns were expressed regarding the leasing of parking lots when the City's own parking gargages are not full and are located within 500 feet of this parking lot. o The Traffic Engineer stated the City shares the proceeds from this parking lot and the parking is needed for the recently remodeled adjacent building. The Interim City Manager stated if the City does not execute the lease, the parking lot could still be operated privately by the property owner and be in oompetition with the City's parking garages. Commissioner Nunamaker moved to approve the Kravases and that the appropriate officials be Hotion was duly seconded and upon the vote being Winner, Nunamaker and Mayor Garvey voted "aye". "nay". Motion carried. three year lease with the authorized to execute same. taken: Commissioners Berfield, Commissioner Regulski voted Item 044 Philadelphia Phillies, Amendments to Agreements regarding spring training aL Jack Russell Stadium & Carpenter Field (PR). The City Commission, at its regular meeting of October 1, 1987, approved "amendments II to the agreements. In return for $500,000 worth of improvements to be paid for by the City, the terms of both agreements were extended for 5 years, from Dec. 31, 1988 to Dec. 31, 1993. During Commission discussion of this item, staff was directed to discuss in further detail with Mr. Bill Giles, president of the Phillies, Mr. Giles' request that the practice infield be constructed out of astroturf. Mr. Giles had proposed that if the City would fund this astroturf at an estimated cost of $275,000, he would be willing to add an additional three years to the agreements. <:> (Book 40) 219. 10/15/87 '~'f~~r;~{:..."'. -::-z Brrr:.'~ ~~t:. ~ : ... r ~ . :":~f~~d.~~~!;'~!f.~1;'t~t',"".~__~':"...wJ<N'#t\"'J~__.. _~...____..__~,..:;>t_1~1':jf~Wt.:e......,-o-'\..ft____~V____' ._'_ ___,,_--'-~,~~'w~W~1,.~~r..'1I'}~"''":.1~\~'';\~. ) :1 Staff met with Mr. Giles and the reoommended amendments were prepared as a result of the meeting. If approved, the City will provide $775,000 worth of improvements (including the astroturf) and the Phillies will extend their commitment to spring training in Clearwater for an additional eight years, making the minimum term ending date of each agreement December 31, 1996. The City's overall cost of $775,000 represents an annual investment of $96,875 for each of the eight years the Phillies remain in Clearwater. ~t o Ream Wilson, Parks and Recreation Director, stated there are a number of improvements proposed including the installation of astroturf for the practice infield in exchange for the lease being extended an additional three years. Bill Giles, President of the Philadelphia Phillies, stated the Phillies have been approached by other communities for relocation; however, they are happy in Clearwater and would like to stay. They are willing to extend the lease in exchange for $775,000 worth of improvements. The lease would be an additional eight years, making a total of nine years, to run until 1996. Some of the improvements depend on the vacation of the Missouri Ave. extension. Bill Webb, attorney representing the Phillies, stated the Phillies are requesting the improvements be done in a timely fashion, and would like to have a March 1, 1988 date in the contract, subject to contingencies out of City control such as weather, delivery of the astroturf and the vacation of Missouri Ave. It was emphasized the astro turf will be delivered by Monsanto and delivery will be their problem; however, the City is required to prepare the ground for the astroturf, and this would need to be done in a timely fashion. o Bill Baker, Public Works Director, stated the vacation request instituted. He stated he couldn't guarantee Public Works could prepare by the March 1st date without seeing specifications and plans. has been the ground Discussion ensued regarding approving the concept and allowing additional time for the Public Works Director to review the specifications. Mr. Giles stated he felt it was fair to put a dollar amount into the contract as it limits the City's Obligation. Any additional improvements would be paid for by the Phillies; if funds are left, there are certain contingency improvements they could choose to do. The Parks and Recreation Director stated he was comfortable with the wording in the contract; he will provide specifications for the Public Works Director's review the day following the meeting. The Interim City Manager stated the source of fUnds needs to be identified. Staff is recommending the funds be borrowed from the garage fund through an inter fund loan; to be repaid with interest at the rate the garage fund currently earns; the first year's interest to be paid from the special development uncommitted fund balance; and that future debt service be included in the Parks and Recreation Department's operating bUdget. o u (Book 40) 220. 10/15/87 ,r ,.1:' ,.", of' r ~ , , ,. :. ,~~~,"',';~"'\I"~.",~l'!\,;'."",_,"'.':r.>,.'"."",,,,,._.,~!.,.,.~;~P,.l.'."',.,:"';',~.~."",...~ ,,_~_, _,___. ~, _ :"..::r. -rr~_ ""::C-/ r ~,",;.7" ~ "'z;-, '...~._ __ ,..._..___..__.....40___.....:--........~. "0,4 ,.~.^f.!'".tl{f"'..J::!f;.~:: ~.,::"\?"~(' ..-Lt:'.~~__.____~. ..._. _.............._~_.________~~~tlft\l:l .!j :~J .~1 , I, f, ! ,4 ~ ~,l~~1 Commissioner Berfield moved to approve the requested amendments, with the funds to be borrowed from the garage fund through an inter fund loan to be repaid with interest at the r'ate the garage fund currently earns; the first year's interest to be paid from the special develop:nent uncommitted fund balance; and future debt service be included in the Parks and Recreation Department's operating budget and that the appropriate officials be authorized to execute same. MOtion was duly seconded and carried unanimously. r Item ff45 - Acquisition of Cooper's Point Discussions have been held with Cooper's Point Partners, Ltd. (Sembler Equities) regarding the joint City/County acquisition of Cooper's Point excluding the property owned by the Christian College. The property is more commonly ref'erred to as MacMullen and Zinzer Tracts. The Cooper's Point Partners are willing to sell the property under the f'ollowing conditions: 1. Total purchase price - $2.6 million (City share $1.3 million). 2. The County would pay its share at time of closing. 3. The City would be allowed to pay its share in a five year period at an interest rate of 6% (quarterly payments). 4. The Cooper's Point organization would contribute $100,000 toward the construction of the improvements once they are completed. This obligation is ter'minated after' the five year period if the construction has not occurred. 5. Closing will be equally split between the seller and the City. The following facts should be noted: 1- 0 2. 3. 4. 5. The Cooper's Point Partners paid $1 million for the property, closing on August 3, 1981. The two joint City/County appraisals established the value of the property at $1.8 and $2.0 million. The two appraisals of the Sembler organizations set the value of the property at $2.8 and $3.8 million. The City of Clearwater does not now have its funds budgeted. The County does have funds of $1.3 million available for this purpose. Six Cooper's wildlife citizens spoke Point emphasizing habitat, and that in support of the joint City/County acquisition of the environmental sensitivity of' the area, that it is a Cooper's Point is one of the last available wetlands. Two citizens spoke against the acquisition emphasizing the exhorbitant price. Discussion ensued regarding the price, considering the fact it was purchased three months ago for $1 million. It was stated the property is appraised on the tax rolls at $9,000. The Interim City Manager stated the item is requesting direction to starr, not approval of a contract. ~ 'WJI Commissioner Winner moved to direct staff to offer $1.3 million as the total purchase price for Cooper's Point (City's share $650,000). Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Nunamaker voted "aye". Mayor Gar'vey voted "nay". Motion carried. (Book 40) 221. 10/15/81 ;f F "1 ',~ ,', ," ~ {; " r:- I " , . /' ,I,: ' '.1. '*. I, ""~~~~~:fi:.'1~:.:t:~~"t'W::::"::lt~!~~_~_____~___W.._.--_...~__~l..n..p.e,>l'C~~l{t",'7";j.V~'.'l':l""'.~"1~:.:~~~..........__.__~_ '.'..~ . ._-~_._...:...--..:..--._---..~~~ Item 1146 Resolution 3"-40. Designating t.he Finance Director as "appropriate officials" for Lease/Purchase contracts with Citicorp on behalf Finance Director and purposes of executing of the City (FIR). Assistant individual o Citicorp industrial credit has requested this resolution defining the "appropriate officials". There is no change in policy as the designated officials have always executed Lease/Purchase contracts on behalf of the City. Commissioner Regulski moved authorize the appropriate officials Upon roll call the vote was: to pass and adopt Resolution 87-40 and to execute same. Motion was duly seconded. "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. The meeting recessed cram 10:43 to 10:55 p.m. XI - Other Pending Matters Item #47 - Approval of Selection Firm for City Manager Replacement o Two firms, Frank Walker Associates, Inc. and Barry M. Cohen Associates, Inc. have made presentations outlining the procedures they would use to assist the City Commission in selecting a City Manager. Walker Associates would cull the resumes to a top group and conduct background interviews and administer a series of personality tests to the top candidates to assess the strengths and weaknesses of the candidates. Cohen Associates proposes to cull out a top group of candidates and administer a combination of personality and assessment center measures and conduct a background interview to assess the strengths and weaknesses of the top candidates. Cohen Associates would first conduct a job analysis to identify the parts of the job that are crucial to success. Walker Associates proposes a fee of $100 per hour. a $1,200 fee for the job analysis and $1,000 to $1,500 Total fee estimates were approximate as they depend assignment. Cohen Associates proposes for testing per candidate. on the definition of the Discussion ensued suggested firms and personality testing. regarding the the advantages advantages and of assessment disadvantages of center technique the two versus Commissioner Nunamaker moved to hire Frank Walker and Associates and that the appropriate officials be authorized to execute same. Motion was duly seconded and upon the vote being taken: Commiss ioners Berfield, Regulski and Nunamaker voted "aye". Commissioner Winner and Mayor Garvey voted "nay". Motion carried. XII - Verbal Reports - None. o (Book 40) 222. 10/15/87 . 7___~~_1JI'!"O~' ".~:,;:.' r- r-, . ~ : ':":" " F~ ... ,I' ~. "'( 'I ~ " 'q , " , .',f , ;,;'U'ilm?,'!nf~~.....ud" ". . ,'<1~~J?&,.;:u.",,",{~.,;,m~?~~;n,__- ,~ .'1; '-..~~.~-_..._.' ._ ,_~___",_-"'-'r1.u'~..,..tf..'~"'"'''~'''''''.''-''~_.________'''-_'''''- -....'lI,l;d"t:~""f,.,._kU-. CITY ATTORNEY REPORTS XIII - First Reading Ordinances o Item #~8 - Ordinance 4495-37 - Vacating Utility Easement ly1n3 within Lot 515, (Richard V. and Sandra R. Hart). the S'ly 2.33' of the N'ly 10' Drainage & Morningside Estates Sub. Unit H; V 87-11 The City Attorney presented Ordinance ~495-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4495-87 on first reading. Motion was duly seconded. Upon roll oall the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays" : Nona. Item {}49 Ordinance 4496-87 - Vacating an unimproved ROW between the abandoned Seaboard RR and the main line, of Jones Sub. Replat, Sec. 9-29-15 (City) V 87-10. portion of the Hart St. lying N of Blks. 9 & 10 The and read 4496-87 on was: City it by first Attorney presented Ordinance 4496-87 for first reading title only. Commi.ssioner Winner moved to pass Ordinance reading. Motion was duly seconded. Upon roll call the vote "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. A V Item 1150 - Ordinance 4497-87 - AnneKation of a parcel of land located on the N side of Downing St. approx. 450' E of McMullen Booth Rd.; Lot 6, Downing Sub.; A 87-29 (Jennie A. Keegan). The by title reading. City Attorney presented Ordinance 4497-87 for first reading and read it only. Commissioner Nunamaker moved to pass Ordinance 4497-87 on first Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Naysll : None. Item {}51 Residential (Keegan) . Ordinance 4498-87 Zoning Atlas Amendment as Single District (RS-8) on property annexed in Ordinance 4497-87; Family A 87 -29 The City Attorney presented Ordinance 4498-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4~98-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. . (Book 40) 223. 10/15/87 r .. F~ ~ / , " . :l - .' , t\rl':r.Wt~~\!I~<'l';~%:I~.r""_ " . __,_~~tf'Io:..",-.......-.,.-.~~~f..1'~. ',-.it"'i?~~':'.;t,lt,~:..c......""..._____ -.:---_~J!:~.D ' j Item #52 - Ordinance 4499-87 Parkwood St. approx. 200' A 87-30 (Enid T. Henry). Annexing a parcel of land located on the S side of E of Betty Lane; Lot 7, Blk. B, Pine Ridge Sub.; o The by ti tle reading. City Attorney presented Ordinance 4499-87 for first reading and read it only. Commissioner Nunamaker moved to pass Ordinance 4499-87 on first Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nay sIt : None. Item 1/53 Residential District (Enid T. Henry). Ordinance 4500-87 ( RS-8 ) for Zoning Atlas property annexed Amendment in Ordinance as Single 4499-87; Family A 87-30 The City Attorney presented Ordinance 4500-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4500-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item 1/54 Ordinance 4503-87 Amending Ordinance 2019 to change Land Use Designation from Commercial/Tourist Facilities to Residential/Office for property located 250' E of and 700' N of the intersection of Old Coachman Rd. & Gulf-to-Bay Blvd.; M&B 14.04, Sec. 18-29-16; Z 87-15, LUP 87-21 (Husni, Al-Jeraisy & Bamogaddam). o The City Attorney presented Ordinance 4503-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4503-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item //55 Ordinanoe 4504-87 Zoning Atlas Amendment from Highway (CH) to Limited Office (OL) for Parcel 1 and from General Office (OG) Office (OL) for Parcel 2; M&B 14.04, Sec. 18-29-16; Z 87-15, LUP 87-21 Jeraisy & Bamogaddam). Commercial to Limited (Husni, Al- The City Attorney presented Ordinance 4504-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4504-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. ~ V (Book 40) 224. 10/15/87 ~. .r.' .\ :,) 'J' ,.r 1, '. ". r- ~ , " .i '.' . I, , " . ,\. :~~;t*J1<<ltt~,'~~l'~~~'l~t\~~.~....___ _ ~';l"''t!11!\.~JIl.n.~,~':''';k!:':h.,'...:;:r\'l't1:::.':,,~~;;'1.t:I<.~.t:~h\lf~1"J.~.~t~~U~~~~~Ulf~~.,.~~~~~JJtt.."f~~~~~1S , ..... r....u.. .J':~. ....\!>~ >~"'(..,.....l''''~.'IT'''''''''~'''''' _____..__..~ ~..-.._-- '-~: ::~ ,I. Item #56 - Ordinance 4510-87, Pension Rewrite ,I ,'~\ '0 The City Attorney stated there regarding the revisions to the pension make the December 15th election date. are still many issues to be addressed plan, and he does not recommend trying to " '< Discussion ensued regarding the possibility of finalizing the pension revisions in time to make the March, 1988 Presidential Preference Primary election. John Nicholson, of the Pension Advisory Committee, stated the Committee cannot, at this time, recommend the proposed ordinance. Commissioner Berfield moved to continue Ordinance 4510-87 to uncertain and to cancel the December 15, 1987 election. Motion seconded and carried unanimously. a was date duly XIV - Other City Attorney Items Item #57 - Settlement of Clearwater Seville Case This lawsuit, which has been pending for five years, is the prOVisions of an annexation agreement entered into in property known as Clearwater Seville, east of U.S. Hwy. Clearwater 11all. an attempt to enforce 1969 relating to the 19 and south of the . The City entered into this agreement with William G. Blackburn and Wallace W. Blackburn, d/b/a Blackburn Brothers Land Development, a partnership. Under the terms of that agreement, certain property was to be annexed into the City within a six-year period. Most, but not all, of the property has been annexed into the City, and most of the property has been developed as Clearwater Mall and Clearwater Seville. The agreement proposed that certain parcels were and certain parcels were to be 'IRM" multiple family that time, the R-M zoning district category allowed residential units per acre. to be zoned "B" business, with limited business. At a maximum density of 54.45 Since that time, the property has been subject to rezoning actions and code amendments having the net effect of lowering the density allowed on the property. Presently, most of the property is zoned RM-28 , with smaller parcels zoned RM-12 and OL (Limited Office). The owners want to estahlish that they are entitled by law to the 1969 density levels, which would be 54.45 units per acre as the result of expenditures made by them for sewer lines and other facilities in a size appropriate to serve a development of the scale permitted under the zoning as set forth in the annexation agreement. This annexation agreement and resulting lawsuit are somewhat similar to those for Sand Key and other properties in the City, the history of which has not been successful from the City's perspective. . (Book 40) 225. 10/15/87 . ~.'''''':1~~8it~:/>fI~J~>;.''~I$~f~I..~>...:.~ ,~:.~~~ :j!t,~:t;-'t..~. :!t>~1 ,~. ,r:,J'~::':~~ l'I~' ~"''''~ ,,' '. .'~" 1 ' -=- """"-'-7'.' ....... .', p- l.,'" .. "'.< r--" . ',.,. .',' ~ , " " 'I' " l:t>: "i, (, :: ;~~fr~l~f:~,~~;r,',~,,,,,,,,_, "'..~.~--_.._--_.,. - . . _._._~____-----.oM""'.1":."';*1-,'::rl~H~""~""~rt',.~,.......-....\JIOMl....",........-,-...~"f;::~u.~'1:f\'.~Xl1:>'~~~~M"t-1\i.~,~~"5~~~R#;.~e.~z:~~. . .' .:- , ~a ;J :~ ,';' Q After' discussing the various possibilities for settlement of this case, in order to avoid the expense of trial and the risk of doing worse, a tentative agreement has been reached with the Plaintiffs. Under the terms of the proposal, the RM-12 property to the south would be zoned RM-28 , and the OL property would be zoned CR. All of the RM-28 property would remain as RM-28. Also, the settlement is contingent upon the adoption of the proposed ordinance which redefines density for adult congregate care facility (two beds equals one unit). !~~ j The City Attorney explained the issue in the density; Seville had wanted 44.5 units per acre. At planned for the present RM-12 zoning district and order to provide more beds. The legal staff is settlement. Clearwa tel' Seville case was the present time, an ACLF is they are requesting RM-28 in recommending approval of the " '., 'f; 'i. Commissioner Berfield moved to approve the proposed settlement in the Clearwater Seville Ltd. v. City of Clearwater suit and that the appropriate officials be authorized to execute same. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". Motion carried. Item The City Attorney distributed the 11th Circuit Court of Appeals decision in Don's Portasigns v. City of Clearwater. The appellate court reversed the district court which had declared the City's portable sign regulations to be in violation of the first amendment and equal protection clause and had enjoined the City from enforcing the ordinance. The appellate court concluded that our portable sign regulations violate neither the first amendment nor the equal protection clause. . XVI - Other Commission Action Item #58 - Interim City Manager Salary Joseph R. McFate II was appointed to serve as Interim City Manager effective October 6, 1987. Commissioner Regulski moved that Mr. McFate's salary be increased while he is Interim City Hanager to $51,320 plus the City's 6% ICMA contribution for a total annual salary of $65,000. Motion was duly seconded and carried unanimously. Mr. McFate informed the City Commission that he would City vehicle for transportation to and from work and Commission consensus was to approve this use. be using an existing for City business. Mayor Garvey questioned whether the Commission wished to give direction to the Interim City Manager regarding the former City Manager's recommendation of a 2.5% cash bonus to executive pay plan personnel Commission consensus was for the Interim City Manager to make that decision at the appropriate time. Mayor Garvey requested direction commitment to the Clearwater Bombers. current agreement would remain in effect from the Commission regarding the City's The consensus of the Commission was the and the Bombers be notified of same. . (Book 40) 226. 10/15/87 '" .. " ---......~-.....r o Garvey questioned whether the Commission wished zoning as she had received a letter from Commission consensus was not to reconsider. reconsider the Dust Dust requesting Mayor annexa tion and reconsideration. Krisco case and could not regarding stated the case whether the is closed Mayor Garvey questioned could be relitigated. be relitigated. Ci ty Attorney Attorney The the City breakwaters when City. Mayor Garvey stated stated the City would time. difficulty supporting suing the Commissioner Regulski stated he has the people requesting Commission support are the letter from the Cabana Club is an error; she had support beach renourishment but not breakwaters at this Commissioner Berfield requested an update of the Gray case be discussed at a future work session. XVII - Adjournment The meeting adjourned at 11:44 p.m. Attest: . C f~~F: /LJ:",-~,"- C~t Clerk '. . (Book 40) 10/15 /81 221. , : 1 1t' --. ,~.t .r r \"1:, " ""'l~l. ~" , , , ' , " ""-. .' . .. -' ,r~ I, . ',~ -- - <fW~t;~i~%~~~~i:t"'\~~~;tJ::,~l":~lti~.!1')'l;!?'~t;ijW:';io\\',1.;'~~",,'\':"."'l<.t^~';'!\~'Y""~~~ '~~:['~'i::r"tl~;,~',f.:!"::<fl::'~"::It!"',~,'n:~I.O:'\""""',,,,_,._._ FIRAt AGBRDA - CITY COMMISSION MEETING - November 5, 19B7 (6 p.m.) WELCOME. We are glad to have you join us. If you wish to speak please wait ~,o be eecognized, then state your name and address. Persons speaking before the City $'vommission 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. ;t ;l' ';t ACTION AGENDA /~ " ~ Co..-unity Redeyelopment Agency will convene at 6:00 p.m. I. Pledge or Allegiance II. Invocation I. Mayor Garvey II. Rev. Richard D. Foster Clearwater Community Church III. 3 Service Pins Awarded IV. Employee of the Month: G. ?atricia Greer, Central Services V. Approved as submitted. III. Service Pin Awards IV. Introductions and Awards V. Minutes of Regular Meeting October 15, 19B7 VI. Presentations VII. Citizens to be heard re items not on the Agenda. VI. None VII. Joe Fletcher, Sr. requested response to his questions regarding Jim Gray Suit. Gladys Melichar requested status of Inoperative Vehicle Ordinance Hot Before :30 P.M. - Scheduled Public Hearings (1) Presentation of issues by City (5) Comments in support and comments in sta ff . opposition: (a) individual - 3 mdnutes; (2) Statement of case by applicant (or (b) spokesperson for groups - 10 minutes. representative) - 5 JIlinutes. (6) Commission questions. (3) Statement of case by opposition (7) Rebuttal by opposition - 5 minutes. 5 JIlinutes. (B) Final rebuttal by applicant or (4) Commission Questions. (representative) - 5 minutes. 10. VIII Petition for annexation and RS-B zoning of a .25 acre parcel located on the S side of John's Parkway appx. 500' W of Bayshore Blvd. Lot 8, John's Parkway Sub., 16-29-16. (White) A B7-33 (PUD) Petition for annexation, P/SP zoning and a LUP amendment from Low Density Residential to Public/Semi-Public for a 4.75 acre parcel located on the W side of McMullen-Booth Rd. appx. 200' S of Briar Creek Blvd. M&B 23.02 & 23.03, 21-28-16. (North Bay Community Church) A 87-34 (PUD) PUBLIC BBABIBGS 09. Approved 09. 10 . App roved . 22B. 11/5/87 ,:'~:_. '.' .,l~' "l (I , . '~. "',' s.~1"" ' ).. . ,. " . ~" .' ,.' ., .. . ': ,I,' .F ~ ,I, "~~.toW\~,~~.~"~""'i-..-_~.,;'..Atr~f':rt."~t1I.'lV.\.l~AV><R,:.!!\"'ttl\W~W},,,,,,,,",,~~~.Ib:.:.~_......_.~-...,..;;.._~~.~" 17. Atlas amendment from RM-16 to OL acre parcel located at the SE corner of the intersection of Kings Highway and Sunset Point Rd. Lots B & C, Brentwood Estates, SW 1/4 or 2-29-15. (Highpoint Investments, Inc.) Z 87-18 (PtJD) Vacation of Lot 29, Del 16 (Gibson) V 87-12 Public Hearing & 1 st Reading Ord. ~509-87 - Vacation of that portion of Kentucky Ave. lying S of Lots 6 - 16, Blk 2, and N or Lots 3 - 5, Blk E, Bay View City Sub, located g of Meadowlark Lane, W of Bay st. 16-29-16 (Bayview Baptist) V 87-13 (PV) Vacation of a 10' utility easement lying in the East'ly 35', Lot 44, Elk M, Brookhill Unit 05, less the North'ly less the South'ly 5'. 22-29-16 V 87-14 (PH) Public Hearing & 151; Reading Ord. ~511-81 -Vacation of Missouri Ave. S of the S ROW line of Palmetto N of the ~ost North'ly ROW line of Seminole St. formerly Fairview Dr. lying within Blk D, New Country Club Addition Sub., 10-29-15 (City of Clwtr) V 87-15 (PV) Request for variance distance beverage sales to consumption of beer, wine, liquor within 410 feet of a residential zone at 1730 us 19 ~, H501-503 in Loehmann's Plaza, Lot 1, zoned CC (Commercial Center), Brandon Nu West Clwtr, LTD. (Biarritz) AB-5. (CLIO Request ror variance to the 500' minimum distance require~ent for alcoholic beverage sales to permit on premises consumption-beer, wine,(liquor) within 200' of a residential zone at 1730 US 19 N, #700 in Loehmann's Plaza, Lot 1, zoned CC (Commercial Center, Brandon Nu West, Inc. (Coyote's Restaurant), AB-1. ( CLoI) 11 . Approved 11. Zoning for a .9 o 12. the Oro rear 10' utility easement, Groves 1st Addition. 9-29- (PW) 12. Approved 13. 13. Approved vacation excluding ROW between Lots 3 & 8 Ord. 4509-16 passed 1st reading 14. 14. Cont~nued to 11/19/87 and (Bruner) 15. 15. Approved as requested Ord. ~511-81 passed 1st reading lying st. and 9 to the 500' minimum requirement for alcoholic permit on premises 16. Approved 17. Approved with conditions . 229. 11/5/87 r~ I ' p ,\ ~ " '\,' ,,:'.. ,i'" ; *-~~,~~.~ite'_~v~ " '><', " ' '.<.... . '" "., , , ,. "ll ,1......~\i;I.~;, . ,tf:}t\J;~;.;mt~J;U;...u~t.;\l:f.m~:iZ!:....~,oft'~_~"""'<fiol~~'Us.~"_~/~~_~."""lC~~~""~'!~)r."~~:rr"",.I,.:~,,~~",\ft'~l1l~tti..!..........-..--><:-..e.__,,_~,,;ab.~~...~}i!J:i':_(.:i..tl.....h~':.' 18. o o . the )00' minimum alcoholic to permit package sales within 100' of a residential zone at 1759 Drew St, in Skycrest Sub, Lot 1, Blk C, Unit 3 and a part of Lot 2, Blk D, Unit 2, zoned (General Commercial), John Demetralcis Kahajas) (Dubas Texaco) AB-~ 18. Approved with conditions Request for variance distance requirement beverage sales of beer &: wine to for 19. CG & Harry ( CLK) Request for variance to distance requirement for beverage sales to permit consumption of beer & wine within from a church or residential zone at McMullen Booth Rd. in 28-26-16, M&B 33.02, zoned CG (Commercial Center), Rutenberg Associates, LTD (The Frog Pond) AB-2 ( CLK) Request for distance beverage sales consumption of beer and wine within 455' of a residential zone at 2508 McMullen Booth Rd in 28-28-16, M&B 33.02, zoned CC (Commercial Center), Rutenberg Assoc., LTD (Lil Italy) AB-3 (CLK) Second Reading Ord. 111190-87 (Continued trom 10/15/87) ~nnexing a parcel located 342' W of Highland Ave. at the Southern terminus of Weston Dr. into the City Limits. M&B 33-04, Sec 2-29-15. A 87-28, LUP 87-19 (Holland) Second Reading Ord.. 111&77-87 (Continued from 10/15/87) - Annexing a parcel of land located E of and adjacent to Fortune Savings Bank located or the E side of Belcher Rd. appx. 700' S of Gulf to Bay Blvd into the Corporate City Limits. Part of M&B 32-06, Sec 18-29-16. A87-23, LUP 87-14 (Fortune Savings Bank) Second Reading Ord. ~~78-87 - Amending Ord. 2019 to LUP to change land use designation for property in Ord. 4477-87 from Medium Density Residential to Commercial/Tourist Facilities. LUP 87-14 (Fortune Savings Bank) Second Reading Ord. 4~19-87 - Amending Zoning Atlas for property annexed in 4477-87 as General Commercial (CG) A 23, LUP 87-14 (Fortune Savings Bank) 24. Ord. 4~79-87 adopted the 500' minimum alcoholic on premise s 400' 2550 19. App roved 20. the 500' minimum alcoholic on premises 20. Continued to 11/19/87 variance to requirement for to permit 21. 21. Ord. 4490-87 adopted 22. 22. Ord. 4477-87 adopted 23. 23. Ord. 4~78-81 adopted 24. Ord. 87- 230. 11/5/87 ! ,~ , r .1 .. I' '''' r- :~iCl:t~~~~t~Kr..t.....-~ .I ~~ T: , , ~~~t~~k_____~~~,~~<.\'f'~~:'-~!'!':i!."'~"'.t~n~~'t'?~~~..r.r~:t:r.f'~~""'t".M'~~~~TA~'Wk""j;t~~~~~~:.<'. 25. o Second Reading Ord. 4~82-81 - Amending Ord. 2019 to LUP to change land use designation for a parcel located on the E side of McMullen-Booth Rd. appx. 850' S of Drew St. from Low Density Residential to Public/Semi-Public. M&B 21-06, Sec. 16-29-16. Z 87-12, LUP 87-17. (Calvary Open Bible Church Inc.) Second Reading Ord. 4'83-81 - Amending the Zoning Atlas for property in Ord. 4482- 87 from Residential Planned Development (RPD 5.8) to Public Semi/Public. (Z87-12) (Calvary Open Bible Church) Second Reading Ord. ~'91-81 - Amending Ord. 2019 to LUP for property annexed in Ord. 4490-87 from Low Density Residential to Public/Semi-Public. A 37- 28, LUP 87-19 (Holland) Second Heading Ord. ~'92-81 - Zoning a parcel annexed in Ord. 4490-87 Public/Semi-Public. A 87-28, LUP (Holland) Second Heading Ord. 4'93-81 - Amending Ord. 2019 to LUP to change the land use designation for property located on the N side of Lakeview Rd. appx. 200' E of Byron Ave. from Low Density Residential to Public/Semi-Public, Lot 112, Ardmore Place Replat. Z 87-13, LUP 87-18 (Lakeview Baptist Church of Clearwater, Inc.) Second Heading Ord. 4q94-81 - Rezoning parcel described in Ord. 4493-87 from Single FalDdly Residential (RS-8) to Public/Semi-Public (P/Sp) Z 87-13, LUP 87-18 (Lakeview Baptist Church of Clearwater, Inc.) Second Reading Ord. 4q95-81 - Vacation of the S'ly 2.33' of the N'ly 10' drainage & utility easement. Lot 515, Morningside Estates Sub. Unit 6B. V 87-11 (Hart) Second Reading Ord. 4q96-81 - Vacation of an unimproved portion of the Hart St. ROW between the abandoned Seaboard RR and the main line. Lying N of Blks 9 & 10 of Jones Sub of Nicholson's Add. to Clearwater Blks 7, 8, 9 & 10. V 87-10 (City) Second Reading Ord. 4491-81 - Annexation of property located on the N side of Downing St. appx 450' E of McMullen Booth Rd into City Limits. Lot 6, Downing Sub. A 87-29 (Keegan) 33. Ord. ~~91-81 adopted Ord. 4q82-81 adopted 25. 26. 26. Ord. 4q83-81 adopted 27. 27. Ord. 4491-81 adopted 28. 28. Ord. 4492-81 adopted as 87-19 29. 29. Ord. 4'93-81 adopted Q 30. Ord. 449q-81 adopted 31. 31 . Ord. 4495-81 adopted 32. 32. Ord. q496-81 adopted 33. ~ V ~ 231. 11 /5/87 ,C' F L:'! ..' ,. , :.: r .. .~ '~WI~"rD~~~~_~~l~__ ._....n''''<1,~''Il~~W';:I.I'l'{;l~i't,'.'I-~~~!\'il;'f>>~.....-: . , " . , . . .-,....K,~J'.'f_-:~-~~1 3~ . . '? {;) I "" .r .f. ') ,it 36. 37. 38. Second Reading Ord. 4-98-87 - Zoning property annexed in Ord. 4497-87 as Single Family Residential District (RS-8). A 87-29 (Keegan) Second Reading Ord. 1&-99-87 - Annexing property located on the S side of Parkwood St. appx 200' E of Betty Lane into City Limits. Lot 7, Blk B, Pine Ridge Sub. A 87 -30 (Henry) Second Reading Ord. 4500-87 - Zoning property annexed in Ord. 4499-87 as Single Family Residential District (RS-8) A 87-30 (Henry) Second Reading Ord. 1&503-87 - Amending Ord. 2019 to LUP for 250' E of and 700' N of the of Old Coachman Rd & Gulf to Bay Blvd. from Commercial/ Tourist Facilities to Residential/Office. M&B 14-04, See 18-29-16. Z 87-15, LUP 87-21 (Husni, AI- Jeralsy & Bamogaddam) Second Reading Ord. 450_-87 - Rezoning property in Ord.4503-87 from Highway Commercial (CH) to Limited Office (OL) for Parcel 1, and from General Office (OG) to Limited Office (OL) for Parcel 2. Z 87-15, LUP 87-21 (Husni, Al-Jeraisy & Bamogaddam) 34. Ord.. JJII98-87 adopted 35. Ord. 111199-87 adopted 36. Ord. 4500-87 adopted 37. Ord. 4503-87 adopted property located intersection Ord. 450li-81 adopted 38. o CITY HARAGER REPORTS IX COlISEIIT AGmtDA Agreements IX Items approved as subll1tted 39. Seminole Street Launch Ramp - Launch Fees. 5 year agreement between City & Clwtr. Bay Marine Ways. (HR) Bids & Contraots ~ ~ ~o . Xerox Equipment Maintenance Xerox Corp., Tampa - $19,774.80. (CS) Pilings for Marina Langdale Forest Products - $12,304.50. (PV) Maintenance Dredging Clearwater Marina (37-24). Rejection of 10/21/87 bid. (HR) Gas Regulators. Key Controls Inc, Tampa, $9,257.60 (OT) 41. 42. 43. Cit~zen & start Requests 44. Kahlua Cup Race - Waiver of Pier 60 Fees. 1:30 pm to 3:00 pm, 11/7/87. (HR) 232. 11/5/87 .>",' ", -,': ~. ,',t,.... / ' ~ ... , '.\ '. .71 ," , , . ,:~~~'~----~~'- 45. 46. o 47. 4B. 49. .--..:.....___~JI"~"'~~~itb~,~.......~ ~ Repair and Renovation of 700 Bayway Blvd. Police Sub-Station. $73,336.00 (PD) Coachman Ridge Park. New ClP budget & amend CIP budget by transferring $10,000 of recreation facility impact fees from ClP project 3286 and $22,200 from other recreation facility impact fees. (PH) Countryside Tract 61 Park Site. New ClP budget & amend ClP budget by transferring $16,000 from recreation facility impact fees. (PH) Permits for Private Refuse Service. 4 companies. (UT) Times Turkey Trot & Gobbler Event. Waive associated City costs. (CH) Plans & Plats 50. Preliminary Site Plan/Subdivision Plat for Post Court located appx. 365' S of Drew St. and appx. 195' E of Old Coachmen Rd.; directly E of the Florida Power Corp. ROWand directly W of US 19. M&B 11.05, 11.09, 11.11, 14.04, 14.02 and a portion of 14.01, 18-29-16. (Post Development, Inc., Husni, AI-Jeraisy, Bamogaddam) PSP 81-37, SUB 81-13 (PUD) .1Pt &: Referral 51. Petition for annexa~~on and RS-B zoning for a .18 acre parcel located on the E side of McMullen-Booth Rd. between Thomas Rd. & Wolfe Rd. Tract 1, Bayview Bluff Sub., 9-29-16. (Kampouroglou) A 81-3B ( PUD) Petition for annexation, OL zoning and a LUP amendment from Commercial/Tourtist Facilities to Residential/Office for .4 acre parcel located on the N side Drew St. appx. 200' W of Terrace Dr. Lots 18 & 19, Blk. 0, Temple Terrace Add, SW 1/4 7-29-16. (Sanford, Jr. ) A 87-40 (PUD) 52. a of E. 1 st e 233. 11/5/87 r-' r , ~, :, ': " . .i r- .1 .. ~. ,~~4<t~~ol'~_..._m"'~~"",,__ _. .~._~. ..n~~~.;r..l;~,tC'.!MY.....~~~.._.~_..........-- . ;~~."~r>'et"'fiKl91'f1;utnlt~':;l\j , 53. LUP amendment from Residential/Office to Commercial/Tourist Facilities and a zoning amendment from OL to CH on Parcel #1 and a LUP amendment from Medium Density Residential to High Density Residential and a zoning amendment from RM-12 to RM-28 on Parcel #2, both parcels located generally E of US 19 and S of Seville Blvd. Parcel #1 M&B 33.02 & part of M&B 33.01; Parcel #2 - M&B 33.06, 17-29-16. (Clearwater Seville LTD/City) LUP 87-29, Z 87-20 (POD) o 54. Deeds & Easements CITY AtTORNEY 55. 56. -0 57. 58. 59. 10' 1 /~ of Bay ou . Clwtr) Warranty Deed vacated alley & Lot City Sub, 16-29-16. (Wilder/City of Clwtr) 20' ingress-egress easement through the SE 1/4 of the SE 1/4 of 7-29-16. (Florida Power Corp) water main easement, part of the NE the NW 1/~ of 16-29-16. Coopers M&B 21-17 & M&B 21-18. (City of for part of Lot 1, 12, Blk 8, the Bay View x OTHER ITEMS OR CITY MARAGER REPORTS 60. Proposed Agreement Between the City of Clearwater & IAFF, Local 1158. 1 year agreement effective 10/1/87. (CM) Proposed Agreement Between the City of Clearwater and Communications Workers of America. (CWA) 3 year agreement effective 10/1/87. (CH) Preliminary Site Plan for Adventure ~iniature Golf Course located on side of Gulf to Bay Blvd, appx. of Cross Blvd. Lots 4 13, Bay Heights and the vacated alley abutting these lots and the vacated portion of Rogers St., 17-29-16. (Timba Bros. Development Const. Co. and Winners Corp.) PSP 87-36 (POD ) Clearwater Countryside and Equipment. Various $165,738.54. (LIB) Beautification Committee (2 members) Appointment (CLK) Library Board (1 member) Appointment (CLK) 62. 57. Approved 58. Approved 59. Tabled the 170' S E 60. Library Furniture companies, App roved 61. 61. Reappointed Ruth DuChateau, Appointed Milly Joplin Appointed Sydney White 62. ~' . ~ ,.1 " 231t. 11/5/87 r- I' ; ..[0 " . .~ " ,)'"~Iltol\W~'-i/.I"'...:!'Ml,.;,___,_, . __............~...l.l'lt>>_ 64. o XII 68. ~ V' 69. 70. 71. xv f!!!!) ~1J'",";./~~J:!5{'f7:;jt~"'l,!''''if\~,!..o-A1'Q4~~___~_._.__ ' j. 63. Municipal Code Enforcement Board (2 members) Appointment Planning & Zoning Board Appointment (CLK) ( eLK) (1 member) , XI Other Pending Hatters 65. Meeting set for 11/10/87 at 1:00 p.m. Approved 65. Setting Special Meeting to discuss Pension Rewrite. 65a. Monitoring System for Clearwater Pass Bridge. Verbal Reports 63. Reappointed Phillip Elliott & Tim Amburgy Appointed Kenneth Hamilton 64. 65a. XIII CITY ATTOBHEY REPORTS XIX. None First Reading Ordinances 66. Ord. 4505-81 - Petition for annexation of a parcel located on the N side of John's Parkway appx. 800' W of Eayshore Blvd. M&B 21.14 (Cummings) A87-31 Ord. 4506-81 - Zoning Atlas amendment for property annexed in Ord. 4505-87 as Single Family Residential (RS-8) (Cummings) A 87-31 Ord. ~512-81 - Rezoning a parcel on the N side of Nursery Rd., W of and adjoining the Florida Power ROWand appx. 1,400' W of us 19 from Residential Planned Development (RPD 6.5) to Single Family Residential (Rs-8). Lot 12, in the SE 1/4 of 19-29-16, Pinellas Groves. (Curtis) Z 87-17 Ord. ~513-81 - Amending Section 22.61(a), Code of Ordinances, relating to the jurisdiction of the Code Enforcement Board, in order to conform with Section 162.02, Florida Statutes (1986 Supplement) 67. XIV Res. 87__1 - Dedication of a 15' drainage and utility easement starting from the S 1/4 corner of 21-28-16. Res. 87__2 - Dedication of a 4' drainage & utility easement starting from the NW corner of the SE 1/4 of 10-29-15. Other City Attorney Items 66. Ord. 4505-81 passed 1st reading 67. Ord. 4506-81 passed 1st reading 68. Ord. ~512-81 passed 1st reading 69. Ord. 4513-87 passed 1st reading Resolutions 70. Res. 87-41 adopted 71. Res. 81-42 adopted xv. Item: Approved contract with Walker Assoc. for City Manager replacement 235. 11/5/87 " ,~ " ., '; > ,( . , .. ''',":' P I .' "'~>'.~ . ," ..........r<I--...., .:._~.,m"MW~........- Item: Rejected settlement offer in Charitable Solicitation Ord. suitj directed City Attorney to invite suggestions for amendments to Ord. from all parties in an effort to resolve and end legal challenge. o XVI Other Com.ission Action XVI. COmmissioner Winner requested Commission consider directing staff to pursue amendments to code re nonconforming density. Direction to make this a priority in the Comprehensive Plan process. Requested replies to concerns expressed at town meeting be done in a timely manner. Commdssloner Regulski requested status of parking lot preservation Ord. Planning Director indicated it will be on 12/3/87 agenda. Requested status of Inoperative Vehicle and Street Solicitation Ordinances. City Attorney working on. Expressed concerns re lost control of bench signs. ~ \;J' Commissioner Berfield requested information on whether or not City can set a cap on number of alcoholic beverage establishments in City. Mayor Garvey requested direction re setting a meeting with Safety Harbor Commission. Consensus to meet with them on 11/30/87 in conjunction with worksesslon. Expressed concern re newspaper article indicating Commission was "flippant" in their decision to continue for dredging Dunedin (Big) support Pass. XVII Adjournment 9:33 p.JIl. . 236. 11/5/87 ,