10/15/1987 (2)
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CIn COMMISSION MElttIHG
October 15, 1987
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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
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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.
.
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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.
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(Book 40)
211.
10/15/87
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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).
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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.
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(Book 40)
212.
10/15/87
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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.
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"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:
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V
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
(Book 40)
213.
10/15/87
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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
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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
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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).
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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).
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(Book 40)
215.
10/15/87
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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).
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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) .
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(Book 40)
216.
10/15/87
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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
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(Book 40)
217.
10/15/87
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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.
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(Book Ita)
218.
10/15/87
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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
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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.
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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.
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220.
10/15/87
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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.
~
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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
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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.
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(Book 40)
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10/15/87
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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
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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
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Item #56 - Ordinance 4510-87, Pension Rewrite
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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
"
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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
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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
"
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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
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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.
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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.
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ACTION
AGENDA
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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
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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
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18.
o
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.
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
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25.
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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.
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11 /5/87
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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
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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
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45.
46.
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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
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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.
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64.
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68.
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69.
70.
71.
xv
f!!!!)
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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
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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.
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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
,