11/19/1987 (2)
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CITY COHKISSIOH MBETIHG
November 19, 1987
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The City Commission of the City of Clearwater met in regular session at the
City Hall, Thursday, November 19, 1987, at 6:10 p.m., with the following members
present:
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 II
M. A. Galbraith, Jr.
William C. Baker
Paula Harvey
Cynthia E. Goudeau
Interim City Manager
City Attorney
Public Works Director
Planning Director
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by Father Theo Anastas of the Greek Orthodox Church of the
Holy Trinity.
In order to provide continuity tor research, the itellS vill be listed in agenda
order although not necessarily disoussed in that order.
s
III - Service Pin Awards
3 service pins were awarded to City employees.
IV - Introductions and Awards
Certlticate or Aohieyement for Excellence in Financial Reporting awarded to
Daye Curtis, Assistant Finance Director.
Proclamations - None.
v - Minutes of the Regular Meeting of November 5, 1987
Commissioner Winner moved to approve the minutes of the
November 5, 1987 as recorded and submitted in written summation by
each Commissioner. Motion was duly seconded and carried unanimously.
meeting
the Clerk
of
to
VI - Presentations - None.
VII - Citizens to be heard re items not on the Agenda
~
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Lois Cormier thanked the Action Center and
Recreation Department, for their prompt response
removal of the trees around City Hall. Ms.
regarding the fact that the "source flashlight"
would be auctioned as surplus property. Ms. Cormier was
would be auctioned only to other law enforcement agencies.
Mike Mulligan, of the Parks and
regarding her concern about the
Cormier expressed her concern
used by the Police Department
assured the flashlight
(Book 40)
269.
11/19/87
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VIII - Public Hearings
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Item fl9 (Continued troll 11/5/87) Vacation request of
easement lying in the E'ly 10' of the W'ly 35'of Lot 44, Blk. M,
05 (Bruner) V 87-14 (PW).
a 10' utility
Brookhill Unit
The applicant's home encroaches into a portion of the existing easement,
which was given to the City in 1961.
The request has been reviewed by various City departments/divisions and
the three utility companies and there are no objections.
The Public Works Director stated he had revisited the site of the vacation
request. The applicant's home encroaches almost ten feet into the City easement.
Mr. Baker stated the Commission could grant the vacation request only to the
extent of the encroachment.
One adjoining property owner spoke in support of the vacation request stating
his home also encroached into the utility easement and was discovered when he
refinanced the home. There is no record of the easement and he feels the vacation
request should be granted.
Discussion ensued regarding whether the ten foot vacation request should be
granted or only the amount of the encroachment.
Commissioner Regulski moved to approve the vacation request to the extent the
building encroaches into the utility easement and to direct the City Attorney to
include in an ordinance. Motion was duly seconded and carried unanimously.
Item :fJ10 - Vacation request for
easement on the N side of Lot 70,
V 87-17 (PW).
the S 1.0 foot of the existing 10'
Forrest Wood Estates, less the W 10'
drainage
(Wilson)
The existing home encroaches up to two-tenths of a foot into the easement.
The request has been reviewed by various City departments/divisions and
the three utility companies and there are no objections.
Commissioner Berfield moved to approve the
Attorney to include in an ordinance. Motion
unanimously.
request and to direct the City
was duly seconded and carried
Item :fJ11 (Continued frOIl 1115/81) Request for variance to the 500' minimum
distance requirement for alcoholic beverage sales (AB-3) Rutenberg Assoc., Ltd.
(Lil Italy) (CLK).
Pursuant to Ordinance 4470-87, this request was received to permit on
premises consumption of beer and wine within 455' of a residential zone at 2508
McMullen Booth Rd; M&B 33.02, Sec. 28-28-16, zoned CC (Commercial Center).
A conditional use for alcoholic beverage sales was approved by the Planning
and Zoning Board at its meeting November 17, 1987.
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(Book 40)
270.
11/19/87
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Commissioner Winner moved to approve the requested variance to the
alcoholic minimum distance requirement on the subject property. Motion was duly
seconded. Upon the vote being taken: Commissioners Regulski, Winner, Nunamaker
and Mayor Garvey voted "ayell. Commissioner Berfield voted "nay". Motion
carried.
Item 012 - 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) (POD).
On September 17, 1987, the owner of Lot 50 requested approval of a 40 foot
long dock, 24 feet in width with tie poles. The dock w~s to be four feet longer
and 21 feet wider than the length and width approved by City Commission on
January 3, 1980. The request was denied. On October 15, 1987, the City
Commission reheard this item as there was an error in advertising. The request
was again denied.
The owner of Lot 50
width with tie poles.
previous request.
now requests approval of a 40 foot long dock, 23 feet in
The dock width has been decreased one foot from the
~
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Bill Jansen, of Docks Incorporated, stated the requested variance is the
minimum necessary to make the project work. Mr. Schmidt's boat is 39 feet long.
What is really needed is a 45 foot dock, but they are trying to keep the request
to a minimum. Mr. Jansen reviewed Mr. Schmidt's problems with the original
contractor and, because the Code considers any boat hoist a dock, the request is
for a 40 foot long, 23 foot wide dock when in reality it is only two, three foot
catwalks with a cradle between. The applicant has letters of support from all of
the adjoining property owners and the Board of Marina del Rey has approved Mr.
Schmidt's dock plan.
Commissioner Winner moved to approve the construction of two, three foot
wide, 40 foot long docks with a 17 foot space in between for a cradle boat lift;
23 feet wide overall and that the appropriate officials be authorized to execute
same. Motion was duly seconded and carried unanimously.
Item /113 - Petition for Annexation & RS-8 Zoning of a .25 acre parcel located
on the W side of Sylvan Dr. approx. 250' S of Sunset Point Rd. Lot 17, Blk. A,
Harbor Vista Sub., SE 1/~ Sec. 3-29-15 (Horvath) A 87-36 (PUD).
The parcel was the subject of an Agreement to Annex (ATA 93) signed on July
23, 1979. There is an existing single family residence on the property.
The property is now contiguous to the city limits and is legally able to be
annexed. As provided for in the agreement, the City notified the property owner
and the petition was signed and returned for processing.
There is no recreation facility fee due.
the lot.
City water service is available to
Commissioner Regulski moved to approve the annexation
the subject property and to direct the City Attorney to
ordinance. Motion was duly seconded and carried unanimously.
and RS-8 zoning
include this in
on
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(Book 40)
271.
11/19/87
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Item #14 - Petition for Annexation, RM-16 Zoning and a Land Use Plan Amendment
from Low Density Residential to Medium Densitl Residential for a .88 acre parcel
located on the N side of Nursery Rd. approx. 25' E of Belcher Rd., the W 264' of
Lot 11, Pinellas Groves, SW 1/4 Sec. 19-29-16 (Hilkert) A 81-35, LUP 87-24
(PUD).
. ~
The property is presently developed with a single family residence. The
owner is making the request to permit the additional development of apartments on
the site.
The recreation facility fee has been paid for the existing residence.
water and sewer service are available to the lot.
City
Although not a condition of annexation, the City will be requesting an
additional seven feet of right-of-way for Nursery Road with future development of
the property.
Larry Hilkert, the applicant, stated he originally applied for RM-16 zoning
and Medium Density Land Use Plan amendment. He is now willing to reduce to RM-8
zoning and remain at Low Density land use. Mr. Hilkert stated the property is
completely isolated from residential areas; directly across the street is RM-16
zoning and adjacent to the property on the west is RM-28. He is requesting the
zoning and land use plan amendment in order to renovate the existing home and
convert it into apartment use.
The Planning Director stated the Planning ~nd Zoning Board and staff do not
feel the RM zoning is appropriate for this location.
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Five citizens spoke in opposition to the zoning, citing concerns regarding
the congested traffic in the area, the adverse effect it would have on the
adjacent residential area with no buffer, area flooding and Hr. Hilkert' s
disregard for the surrounding neighborhood.
Mr. Hilkert, in rebuttal, stated he felt it unfair to use his property as a
buffer zone between the single family residences and Williamsburg Plaza, which is
commercial use. He feels the RM-8 zoning would be a good transition between the
existing residential and commercial uses.
Commissioner Winner moved to approve the annexation with RS-4 zoning
and deny the requested Land Use Plan amendment on the subject property and to
direct the City Attorney to include this in an ordinance. Motion was duly
seconded and carried unanimously.
!he .eeting recessed rro. 8:27 - 8:39 p.m.
Item 115 - Public Hearing and First Reading, Ordinance ~514-87 - Amendment to the
Land Development Code, Section 131.005 to redefine "Sign", LDCA 87-13.
As requested by the City Commission, this ordinance addresses the definition
of "sign" so as to exclude from regulation those signs which are not visible from
an outdoor location off the premises.
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(Book ~O)
272.
11/19/81
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The City Attorney presented Ordinan~8 4514-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4514 -87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
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"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item D16 - Public Hearing and First Reading, Ordinance 4515-87 - Amendment to the
Land Development Code, Section 136.025 (c) (10) to establish the basis ~or
determining the density o~ Congregate Care Facilities, LDCA 87-14.
In consideration o~ a proposed retirement center development to be located on
Soule Road, the City Commission authorized staff to proceed with drafting an
ordinance to consider a new method of calculating density ~or congregate care
facilities.
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Congregate care ~acilities are defined as residential uses involving a
building, designed to be occupied by 21 or more persons, comprised of individual
dwelling units, with 01'" without complete kitchen facilities, and such common
dining and other normal liVing facilities as may be integral to the personal and
therapeutic care of the residents. Such congregate care facilities shall include
facilities for adult congregate living and like residential retirement and life
care.
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Where presently the code provides for calculating density o~ congregate care
facilities by counting each individual unit as a dwelling unit with no limitation
as to number of persons, or beds, within the unit, the attached ordinance proposes
a calculation o~ density of two beds within the facility equalling one dwelling
unit.
The City Attorney presented Ordinance 4515-87 for first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4515-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item 017 - First Reading, Ordinance 4446-87 - Annexation of a parcel of land on
the E side of Belcher Rd., approx. 325' N of Range Rd.; Part of M&B 22.01, Sec.
7-29-16 (City or Clwtr) A 87-5, LUP 87-3.
The City Attorney presented Ordinance 4446-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4446-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
The City Attorney stated the following two Ordinances have been reviewed by the
State for consistency with the comprehensive plan.
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(Book 40)
273.
11/19/87
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Item H18 - Public Hearing and First Reading, Ordinance 4~47-87
Amendment from Low Density Residential to Public/Semi-Public ror
in Ordinance 4446-87 (City or Clwtr) A 87-5, LUP 87-3.
- Land Use Plan
property annexed
o
The City Attorney presented Ordinance 4447-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4447-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item 019 First
Public/Semi-Public
A 87-5, LITP 87-3.
Reading, Ordinance
for property annexed
4448-87 Zoning
in Ordinance 4446-87
Atlas Amendment as
(City of Clwtr)
The City Attorney presented Ordinance 4448-87
by title only. Commissioner Winner moved to
first reading. Motion was duly seconded. Upon roll
for first reading and read
pass Ordinance 4448-87
call the vote was:
it
on
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item 020 First Readin Ordinance 4484-87 Annexation of a arcel
located W of Soule Rd. & S of Union St.; Parcel "A" 3 .95 acres, Parcel
acres; M&B 21.00, Sec. 5-29-16 (Sylvan Abbey Mem. Park, Inc.) A 87-2~, LUP
of
"B"
land
.00
87-16.
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The City Attorney presented Ordinance 4484-87 for first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4484-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes" :
Berrield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item 021 Public Hearing & Reading, Ordinance 4485-87 Land
Amendment rrom Recreation/O S ace to: Low Densit Residential arcel
Public Semi-Public, parcel "B" on property annexed in Ordinance 4484-87
Abbey Mem. Park, Inc.) A 87-24, LUP 87-16.
Use Plan
"A" and
(Sylvan
The City Attorney presented Ordinance ~485-87 ror first reading and read it
by title only. Commissioner Nunamaker moved to pass Ordinance 4485-87 on
rirst reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
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(Book 40)
274.
11/19/87
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Item n 22 -First Reading, Ordinance 4486-87
Residential Planned Develo ment (RPD) for Parcel "A"
arcel "B" on property annexed in Ordinance 4484-87
Inc.) A 87-24, LUP 87-16.
Zoning Atlas Amendment as
and Public/Semi-Public for
Sylvan Abbey Mem. Park,
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A question was raised regarding why the RPD zoning does not have a number
assigned to it. The Planning Director stated there is no requirement for a number
to be assigned to an RPD. The site plan which is part of the Ordinance governs
the zoning.
Attorney Tim Johnson stated the submitted community impact statement
calculates traffic generation. If the RPD is limited to five units per acre, the
number of beds allowed in the development would be only 400, whereas 630 are
requested. Mr. Johnson stated 630 beds would generate less traffic than five
residential units per acre.
Kelly Johnson, representing the developer, stated they have looked at
alternative locations for the buildings as suggested at the last City Commission
meeting. If the buildings are relocated, there will be 110 trees destroyed rather
than 40 with the present plan. Mr. Johnson stated they have met with the
homeowners in the area, and are constructing a wall around the property that will
be compatible with Chelsea Woods. In addition, they will be planting 18 large oak
trees. Mr. Johnson stated the traffic gene pat ion would be less than for single
family development as the average age of the residents will be 80 years.
Bill Stevens, developer of Chelsea Woods, stated he is in favor of the
proposed development. Mr. stevens stated that rotating the five story building,
as suggested, would not be a viable alternative. He requested the Commission
require a six foot wall be constructed around the development.
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Five citizens spoke in opposition citing concerns with traffic congestion,
the proposed density, and the height of the five story bUilding. All of the
opposing residents requested a six foot high brick wall, compatible with the wall
surrounding Chelsea Woods, be required.
Kelly Johnson stated the developer plans to build a brick wall along Union
and Soule, similar to and equal in quality to the wall surrounding Chelsea Woods.
Discussion ensued regarding the height of the five story building and the
fact that the developer has tried to address the concerns of the surrounding
property owners. It was expressed that the nursing home use would not be an
inappropriate use for this property and might be the least impactive.
The City Attorney presented Ordinance 4486-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4486-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Winner, Nunamaker and Garvey.
"Nays":
Berfield and Regulski.
Kotion carried.
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(Book 40)
275.
11/19/87
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CITY KAlfAG&R REPORTS
IX - Consent Agenda - Approved as submitted (less Item #27).
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Advisory Board - Notifications - Received.
Item #23
Parks & Recreation Board (1 member) (CLK).
Item #24 - Library Board (2 members) (CLK).
Item D24A - Development Code Adjustment Board (1 member) (CLK).
Agreements - Approved.
Item #25 - Joint Use Agreement with Pinellas County School Board - enabling the
City and School Board to use each others facilities at no charge in order to ofrer
citizens quality educational and recreational opportunities; 1/1/88 12/31/88
(PR) .
Item #26 Junior Miss Softball of Clearwater, Inc. - Agreement with City of
Clearwater for the construction of a concession, storage and restroom building at
Sid Lickton Park (PR).
Item #27 - see page 278
Bids & Contraots Approved.
o
Item #28
Machinery
tentative
Surplus Personal
Auction, Bushnell,
date 12/6/87 (CS).
Property Declare surplus and
FL, to sell for 5% commission
authorize
of gross
Sumter
sales,
Item #29 Closing of Underground Storage Tanks Award contract to Petroleum
Products Service, Inc., Clearwater, cost not to exceed $39,251.51 (CS).
Item #30 - Flood Lights for Carpenter Field Complex -
from Graybar Electric, Largo for $10,735.20 and Bay
$5,918.00 for a total cost of $16,653.20 (PR).
Award contract to purchase
Area Electric, Clwtr. for
Item #31 - Sodium Bicarbonate for use in Waste Water Treatment - Award contract
to purchase from Thompson-Hayward Chemical Co., Tampa for .1250/lb., for an
estimated $25,000.00 for FY '87/88 (PV).
Item #32 - Batting Tunnels at Carpenter Complex & Jack Russell Stadium (88-5A)
Award contract to C. A. Oakes Const. Co., Inc., $86,296.00 (PW).
Item #33 - V.I.P. Parking Area at Jack Russell Stadium (88-5B) Award contract
to Golden Triangle Asphalt Paving Co. for $45,202.25 for demolition of N. Missouri
Ave. and construction of eighty (80) parking spaces (PW).
Item #34 Astroturf Practice Infield at Jack Russell Stadium (88-5C)
contract to Astroturf Industries Inc., Dalton, GA, $253,200.00 (PW).
Award
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(Book 40)
276.
11/19/87
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Item 1135 Traffic Signal
contract to purchase forty
Corporation. Tallahassee.
County Government (TE).
Controllers for computerized signal system Award
Transyt Model 1880E Controller Assemblies from Transyt
$163.000.00 to be refunded to the City by Pinellas
Item #36 - Parking Lot Attendant Services -
from Republic Parking System. Chattanooga.
period 11/26/87 to 11/25/88 (TE).
Award contract to purchase services
TN at an estimated $62;000.00 for
Change Orders - Approved.
Item #37 Change Order 112. Second Story Addition to
station for payment of the new sales tax on services
Corporation $+8.047.50 for a new total of $333.224.50 (CS).
Police Department main
Bankston Construction
Plans & Plats - Approved.
Item 1138 Preliminary Subdivision Plat for PACT. Inc. (PACT , Inc. School)
located on the N side of the "PACT" Site and E of One Kapok Terrace Condominium. E
of McMullen Rd.; M&B 24.05, Sec. 9-29-16. (PACT, Inc.) SUB 87-15 (POD) subject
to 1) a drawing of the proposed driveway shall be submitted prior to D.R.C. review
and 2) a variance to the subdivision regulations requiring all platted lots to
have direct access to right-of-way which meets City standards must be granted by
the D.R.C.
Receipt & Referral - Received and referred to proper departments.
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Item #39 - Petition for Annexation &
on the W side of McMullen Booth Rd.
22.05, Sec. 4-29-16 (McMullen) A 87-41
RS-4 Zoning for a 1.69 acre parcel located
approx. 800' N of Main St. (SR 588); M&B
(PUD) .
Item #40 - Petition for Annexation and RS-6 Zoning for a .2 acre parcel located
on the E side of Woodcrest Ave. approx. 375' S of Jeffords St.; the N 90' of Lot
4, Blk. J, Oak Acres Addition, Unit I, Sec. 23-29-15 (Jones) A 87-42 (PUD).
Item 1141 - Petition for Annexation, P/SP Zoning and a Land Use Plan Amendment
from Low Density Residential to Public/Semi-Public for a 3.07 acre parcel located
on the W side of McMullen Booth Rd. approx. 1,300' N of Main St. (SR 588); M&B
22.04. Sec. 4-29-16 (Northeast Church of Christ) A 87-39. LUP 87-26 (POD).
Item #42 - Petition for Annexation, CH Zoning & a Land Use Plan Amendment from
Medium Density Residential to Commercial/Tourist Facilities for a .65 acre parcel
located at the SW corner of the intersection of Haas Ave. and US 19; Lots 1 & 2,
Haas Sub. & a portion of Lot 3, Blackburn Sub., Sec. 6-29-16 (Ridge Haven Assoc.,
Ltd.) A 87-37, LUP 87-25 (POD).
Item #43 - Petition for Annexation, PISP Zoning and a Land Use Plan Amendment
from Low Density Residential to Public/Semi-Public for a 9.6 acre parcel located
on the S side of Curlew Rd. approx. 500' W of Countryside Blvd.; M&B 42.01, SW 1/4
Sec. 17-28-16 (Diocese of St. Petersburg) A 87-43, LUP 87-30 (POD).
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(Book 40)
277.
11/19/87
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City Attorney
Deeds & Easements - Approved.
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Item #44 - Sidewalk and Utilities Easements lying in the SW 1/4 or the NE 1/4 of
Sec. 13-29-15 (The Southland Corp).
Item #45 - A 10 root Gas Line Easement and an Ingress & Egress Easement lying in
Sec. 30-28-16 (Countryside Village Ltd).
Item #46 - 10' easement for surrace & air use for water lines & meters lying in
Sec. 18-29-16 (Equitel, A Florida General Partnership).
Commissioner Nunamaker
less Item #27, and that the
MOtion was duly seconded and
moved to approve the Consent Agenda as submitted
appropriate officials be authorized to execute same.
carried unanimously.
Item fJ27
installation
(PH).
"Adopt-A-Park-Agreement" with
& maintenance of landscaping
Island Estates Civic
and signs at Island
Associa tion for
Estates entrance
A ques tion was raised regarding the approximate timetable
improvements to the Island Estates entrance. The Parks and Recreation
stated the improvements will begin shortly arter the rirst of the year;
the sign at the entrance may be installed prior to January 1, 1988.
for the
Director
however,
~
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Concerns were expressed regarding high maintenance shrubbery. Mr. Wilson
stated the Island Estates Civic Association would be providing the necessary
maintenance, and the City's Landscaping Architect, Mike Mulligan, has reviewed the
plan and is comrortable with it.
Commissioner Winner moved to approve
the appropriate officials be authorized
seconded and carried unanimously.
the
to
"Adopt-a-Park" agreement and
execute same. Motion was
that
duly
x - Other Items on City Manager Reports
Item fJ47 - Revised Preliminary Subdivision Plat ror Curlew Heights located S of
Curlew Rd., W or Countryside Blvd. and particularly 300' E of 66th st. N. and 400'
S or 297th Ave.; M&B 33.04, Sec. 17-28-16 (Sempecos) SUB 87-12 (PUD).
The property is currently in the annexation process.
to develop an eight lot single family subdivision.
The applicant proposes
On September 3, 1987, the City Commission reviewed a preliminary plat for
this property which proposed access from 66th Street N. via private easements.
The applicant now proposes to access the subdivision from Northridge Drive via an
ingress/egress easement over the Florida Power right-of-way which abuts Lots 118,
119, and 120 Countryside Tract 93, Phase I. (Note: As the property does not
directly access an approved street, a variance to the subdivision regulations will
be subject to approval by D.R.C.) Northridge Lane, the local street within the
subdivision, is now proposed as a public right-or-way.
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278.
11/19/87
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The Planning Director stated this is a revised preliminary subdivision plat.
Since review of the first preliminary plat, the developer has sought another means
of access to the property. The entrance was proposed from 66th Street, which
would have been destructive to the existing trees, and he experienced difficulty
obtaining financing. This access is proposed through the Florida Power right-of-
way. Staff feels this is a better proposal; however, there are concerns on the
part of the existing homes in Countryside Tract 39. Ms. Harvey stated they have
advised the developer that if the preliminary subdivision plat is approved, staff
is recommending the developer construct a wall between the road and the adjacent
lots.
Hal Ebersol, President of the Countryside Northridge Homeowners Association,
spoke in opposition to the preliminary subdivision plat stating the developer has
not spoken with the Homeowners Association and Florida Power has not given
approval to the use of the right-of-way.
Four citizens spoke in opposition to the preliminary subdivision plat citing
ooncerns with the use of the right-of-way for access, with safety as there is a
school bus collection point, with the fact that homes along Northridge Drive will
become nonconforming due to the 25 foot street setback requirement, and with
possible decreased property values.
The Public Works Director stated the access is the same arrangement that
created Northridge Drive, which also goes through the Florida Power right-of-way.
Mr. Baker stated the developer proposes an attractive entrance with a wall and
landscaping. There would not be streams of traffic going down the access road as
there would be only eight lots developed.
C>
Discussion ensued regarding putting a road in a Florida Power right-of-way
and the effect it might have on the homes located on Northridge Drive.
Commissioner
subdivision plat.
Regulski moved to not accept review of the
Motion was duly seconded and carried unanimously.
preliminary
Chris Andros, engineer for the project, arrived after the discussion and
and requested to be heard. He stated the developer is not trying to
advantage of the situation and Florida Power has no objection to the access
through the right-of-way if there are no objections from the homeowners.
vote
take
road
It was suggested to Mr. Andros that he meet with the Homeowners Association
and address their concerns.
Item #48 Preliminary Subdivision Plat for Feather Tree located SE of Airport
Dr. and Weber Ave., NE of the intersection of Center St. & Tulane Ave.; Drew
Heights, Entire Blk. C, vacated portion of Tulane Ave., vacated portion of
Airport Dr. abutting this property and M&B 33.01, Sec. 12-29-15 (S.C.C.
Development Corp., Inc.) SUB 87-14 (POD).
There
subdivision.
is a fresh water natural area located on the west
This area should be rezoned to Aquatic Lands Interior.
side
of
the
The applicant proposes to develop a 49 lot single family subdivision. Access
is proposed from Harding Street and Airport Drive.
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279.
11/19/87
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Discussion ensued regarding the fact the property will be developed in
accordance with RS-8 zoning requirements while remaining RM-12. It was suggested
the property be rezoned to RS-8 at the same time the aquatic lands zoning request
comes before the Commission.
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Mr. Baker requested an additonal condition be put on the preliminary plat:
that "evidence be shown that Pinellas County has reviewed the preliminary
subdivision plat and that it does not interfere with their plans for the extension
of Keene Road".
Charlotte Houlihan, President of Marymont Homeowners Association, expressed
concern regarding speeding in the area, and requested a part of the base of
Feather Tree Drive be made a dead end. It was suggested the Traffic Engineer
review this suggestion to see if it is practical.
~
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Commissioner Winner moved to authorize review of a preliminary plat with
final action by the D.R.C. subject to the following conditions: 1) The street yard
(front) building setbacks shall be platted on Lots 7, 8, 9, 12 and 40; 2) The four
foot wide sidewalks required for the local streets within the subdivision and the
five foot wide sidewalks required for Airport Drive must be shown on the
preliminary plat prior to D.R.C. review; 3) The fresh water natural area should be
rezoned to Aquatic Lands Interior prior to recording of the plat; 4) An avigation
easement be executed to the City of Clearwater and language be provided in the
individual lot deeds recognizing the proximity of the Clearwater Executive Airpark
to this property and its lawful operation by the City of Clearwater; 5) The
property be zoned RS-8 at the same time that the freshwater natural area is
rezoned to Aquatic LandslInterior; 6) The Public Works Department be provided
proof that Pinellas County has reviewed the plat and that it will not interfere
with their Keene Road project; and that the appropriate officials be authorized to
execu te same. Motion was duly seconded. Upon the vote being taken:
Commissioners Regulski, Winner, Nunamaker and Mayor Garvey voted "aye".
Commissioner Berfield abstained due to a conflict of interest. Motion
carried.
XI - Other Pending Matters - None.
XII - Verbal Reports
The InteriDl City Manager: reported the work session on January Hr, 1988,
conflicts with Martin Luther King Day activities. Commission consensus was to
change the work session time from 9:00 a.m. to 1:00 p.m. He requested
authorization to pursue attempting to have the State of Florida change the site
for the proposed state office building to the City Annex site as the first two
sites proposed by the State are not available. Commission consensus was to
authorize the Interim City Manager to pursue.
CITY ATTORNEY REPORTS
XIII - Resolutions
Item /149 Resolution 87-36 Assessing the owners of property the costs of
having or cleared the owner's lot.
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(Book 40)
280.
11 /19/87
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Commissioner Winner moved to
authorize the appropriate officials to
Upon roll call the vote was:
pass and adopt Resolution 87-36 and
execute same. Motion was duly seconded.
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"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #50 - Resolution 87-43 - Authorizing the Execution of Five Subordination of
Utility Interests Agreements with the State of Florida, Department of
Transportation regarding certain drainage and utilities easements owned by the
City, adjoining the existing right-of-way of S.R. 60, Sec. 17-29-16 (McMullen),
(McGoldrick), (Orlando), (Meador), (Tanney).
Commissioner Winner moved to pass and adopt Resolution 87-43 and
authorize the appropriate officials to eX"'.lcute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item #51 - Resolution 87-44 - Requesting the Supervisor of Elections of Pinellas
County to Reserve Space on the Ballot for a Special &lection to be held
concurrently with the Presidential Preference Primary on March 8, 1988, for the
purpose of submitting to the voters of the City one or more ballot questions
(regarding amendments to the pension plan for City employees), the form of which
shall be prov ided on or be fore January 19, 1988. Pension Rewri te on March '88
ballot.
Q
Commissioner Winner moved to pass and adopt Resolution 87-44 and
authorize the appropriate officials to execute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
XIV - Other City Attorney Items
Alan Zimmet, Assistant City Attorney will be leaving City employment as of
November 20, 1987. The City Attorney requested Commission authorization to hire
Mr. Zimmet as special counsel for six of the cases he is currently working on at a
rate of $85 per hour.
Commissioner Nunamaker
special counsel for the six
officials be au thorized to
unanimously.
moved to authorize the hiring of Alan Zimmet as
cases at a rate of $85/hour and that the appropriate
execute same. Motion was duly seconded and carried
The City Attorney requested
Clearwater lawsuit for $13,000.
sustained in an auto accident in
authorization to settle the Toomer
Mr. Toomer has a 5% disability due
which a city employer was at fault.
vs. City of
to injuries
~
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(Book 40)
281.
11/19/87
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/'~.;'^"'"'::::-~~-"-~~-~~::~::-:"-::-:~TING CONF::~" FOR
I. COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMllTEE
Clearwater City Commission
rHl: 1l0ARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITIEE ON
WI!!l'U I SEIWI: IS A UNIT OF:
/('11 y , . COUNTY I : arHliR 1.Q('Al AGENc.:y
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LAST NAME-fiRST NAME-MIDDL!: NAME
~'field. James L.
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MAiliNG o\DDRI:SS
1466 Flora Road
C1H
Clearwater
DAlE ON WHICII vorl: on'UlutED
November 19. 1987
COUNTY
Pinellas
NAMa; Of POLITICAL. SUBDIVISION:
MY POSITION IS:
ELECTIVE
I. APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving atlhe county. city, or other local level of government on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting connict of inlerest under Sectillll 112,3143, Florida Statutes. The requirements of this law are mandatory; although
Ihe use of this particular form is not requin:d by law, you arc encouraged to use it in making the disclosure required by law.
Your responsibilities under lhe law when faced with a measure in which you have a connict of interest will vary greatly depending
on whether you hold an dective or appoilllive position. For this reason, please pay close attention to the instructions on this form
before completing thc reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OF....CERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. E;:ch local officer abo is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (OIhcr than a governmem agency) by whom he is retained.
In eilher case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slaling 10 Ihe a~sc:mbly the nature of your imerest in the measure on
which you are abstaining from vOling; IJlld
WITHIN IS DAYS AFTER THE VOTE OCCURS by complcling and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in lhe minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a maller in which he has a conflict of interest, but must
disclose the nature of the conflict before making any allemptto inlluence the decision by oral or written communication. whether
made by the officer or at his dir::ction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WilL BE TAKEN:
?,,;'>.'(ou should complete and file this form (before muking any attempt to influence the decision) with the person responsible for
.' recordina the minutes of the meetini. who will incorporah: the form in the minutes.
· A copy of the form should be provided immedialely to the other members of the agency.
· The form should be read publicly at lhe meeting prior to consideration of the matter in which you have a contlict of interest.
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· Yau should disclose orally the nature of your conflict in the measure before participating. a
· You should complete the form and me it within IS days after the vote occurs with the person responsible for recording the minutes
of the meeting. who should incorporate the: form in the minutes.
I
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DISCLOSURE OF LOCAL OFFICER'S INBRm
I
I
I
I,
.1::!mp~ T., Bprfipld
, hereby disclose that on
November 19
,19-U..-:
(a) A measure came or will come: before my agency which (check one)
inured to my special private gain; or
_ inur~d to the special gain of
~k)'l'rpClr
Uepti H Church
I
. by whom I am retained.
(b) The measure before my agency and the nature of my imerest in the measure is as follows:
As a member of Skycrest
which Skycrest is presently
the City Commission for a
Vote approved 4-0
( -:[-t~l'Tl M-l/ S?)
Baptist Church and Counsel for the Church a plot of land
f ,J11"f)
the holder in ee simple~a tempting to sell came before
site plan review and approval. I abstained from voting.
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Nov.elr,ber 24,
Date Filed
1987
Ld
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1',/2,/
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAI: URE TO MAKE ANY REQUIRE
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCfION IN
SALA.{V, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
CE FOHM KIi. IO.HIl
PAGE 2
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