12/03/1987 (2)
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CITY COHH[SSION MEETING
December 3, 1987
.
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The
Ci ty Hall,
present:
City Commission of the
Thursday, December 3,
City of Clearwater
1987, at 6:01
met in regular session at the
p.m., with the following 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 meeting to order and led
invocation was offered by Reverend Paul Cushman,
the Pledge of Allegiance.
Church of God.
The
In order to provide continuity f'or research. the i telllS will be listed in agenda
order although not necessarily discussed in that order.
()
III - Service Pin Awards
A 30 year service ring was awarded to Ulyssee Barbel" of the Utilities Dept.
IV - Introductions and Awards
It was announced the Turkey Trot Awards were won by Library staff members.
Proclamations - None.
V Minutes
November 10,
of the
1987.
Regular
Meeting
of
November
19,
1987
and
Special
Meeting
of
November
submi tted in
duly seconded
Commissioner Nunamaker moved
19, 1987 and the special
written summation by the
and carried unanimously.
to approve the minutes of the regular meeting of
November 10, 1987 as recorded and
to each Commissioner. Motion was
meeting of
Clerk
VI - Presentations
Windjammers of' Clearwater presented a
Sailing Center; also presented a photograph
$10,345.17 check
to Mayor Garvey.
to
the
City
for
the
VII - Citizens to be heard re items not on the Agenda
~
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Ba:flllOnd Williams expressed concerns regarding the Water Division's policy
of refuslng service because of a former tenant's delinquent. water bill.
(Book 40)
294.
12/03/87
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A conditional use for alcoholic beverage sales was approved by the Planning
and Zoning Bo~rd on November 3, 1987 subject to the following conditions: 1) Use
permit procured within six months; 2) Granting of a variance by City Commisison to
the 500 foot separation requirement; 3) Approved for on premise consumption only
with no package sales; and 4) Opaque fencing along the north and east property
lines adjacent to residential uses.
When questioned, the applicant stated they do not intend to close the
existing drive-in window; however, they will not serve alcoholic beverages through
the drive-in.
Discussion ensued regarding the condition imposed by the Planning and Zoning
Board regarding the opaque fencing along the north and east property lines
adjacent to residential uses. Since there are travel trailers parked across the
property line into the existing driveway, it was questioned how fencing could be
installed along the north and east property lines. The Planning Director stated
it was not the intention of the Planning and Zoning Board to close off the access
next to the mobile home park.
Commissioner Regulski moved to deny the requested variance
beverage minimum distance l'equirement on the subject property.
seconded qnd upon the vote being taken: Commissioners Berfield,
and Mayor Garvey voted "aye". Commissioner Nunamaker voted
carried.
to the alcoholic
Motion was duly
Regulski, Winner
"nay". Motion
Item #11 - Petition f'or Annexation & RS-8 Zoning for a .78 acre parcel located
on the E side of McMullen-Booth Rd. between Thomas & Wolfe Rds.; Tract 1, Bayview
Bluff Sub., Sec. 9-29-16 (Kampouroglou) A 87-38 (POD)
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The parcel is proposed to be replatted into a four lot subdivision to permit
the development of four single family residences.
City water and sewer is available to the property. Additional right-of-way
for McMullen-Booth Road has already been deeded to the County.
Commissioner Winner moved to approve the annexation and RS-8 zoning of the
subject property together with the abutting right-of-way of McMullen-Booth Road
and to direct the City Attorney to include this in an ordinance. Motion was
duly seconded and carried unanimously.
Item 012 - Petition for Annexation, OL Zoning & a Land Use Plan Amendment from
Commercial/Tourist Facilities to Residential/Office for a .4 acre parcel located
on the N side of Drew St. approx. 200' W of Terrace Dr. E.; Lots 18 & 19, Blk. D,
Temple Terrace 1st Addition, SW 1/4 Sec. 7-29-16 (Sanford, Jr.) A 87-40 (POD)
An office building is proposed for the site.
available.
City water and sewer is
Commissioner Berfield moved to approve the annexation, OL zoning and Land Use
Plan amendment on the subject property and to direct the City Attorney to include
this in an ordinance. Motion was duly seconded and carried unanimously.
G\
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(Book 40)
296.
12/03/87
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Item #13 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist
Facilities and a Zoning Atlas Amendment from OL to CH on Parcel #1 and a Land Use
Plan Amendment from Medium Density Residential to High Density Residential and a
Zoning Atlas Amendment from RM-12 to RM-28 on Parcel IJ2, Both parcels located
generally E of U.S. 19 & S of Seville Blvd.; Parcel #1 - M&B 33.02 & Part of M&B
33.01; Parcel #2 M&B 33.06, Sec. 17-29-16 (Clearwater Seville LTD/City)
LUP 87-29, Z 87-20 (PUD)
The Planning and zoning
their meeting of December 15,
Board
1987.
continued
consideration
of
this
request
to
"
Commissioner Berfield moved to continue this item to the meeting of January
7, 1988. Motion was duly seconded and carried unanimously.
~
Item #14 - Second Reading, Ordinance 4446-87
the E side of Belcher Rd., approx. 325 ft.
Sec. 7-29-16 (City of Clwtr) A 87-5, LUP 87-3
Annexation of a parcel of land on
N of Range Rd.; Part of M&B 22.01,
The City Attorney presented Ordinance 4446-87 for second reading and read it
by title only. Commissioner Regulski moved to pass and adopt Ordinance 4446-87 on
second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
o
Item 1115
Density
(City of
- Second Reading, Ordinance 4447-87 - Land Use Plan Amendment from Low
Residential to Public/Semi-Public for property annexed in Ord. 4446-87
Clwtr) A 87-5, LUP 87-3
The City Attorney presented Ordinance 4447-87 for second reading and read it
by title only. Commissioner Regulski moved to pass and adopt Ordinance 4447-87 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 #16 Second Reading, Ordinance
Public/Semi-Public for property annexed
LUP 87-3
Atlas Amendment
(City of Clwtr)
as
A B 7 -5 ,
The City Attorney presented Ordinance 4448-87 for second reading and read it
by title only. Commissioner Regulski moved to pass and adopt Ordinance 4448-B7 on
second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
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(Book 40)
297.
12/03/B7
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Item D17 - Second Reading, Ordinance 4484-87 - Annexation of a parcel W of Soule
Rd. & S of Union St.; Parcel "A", 36.95 acres; Parcel "B", 4.00 acres; M&n 21.00,
Sec. 5-29-16 (Sylvan Abbey Mem. Park, Inc.) A 87-24, LUP 87-16
.
The City Attorney presented Ordinance 4484-87 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4484-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayesll:
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Naysll:
None.
Item if 18 Second Reading, Ordinance 4485-87 Land Use Plan Amendment from:
Recreation/Open Space to Low Density Residential for Parcel A and Recreation/Open
Space to Public/SemiPublic for Parcel B for property annexed in Ord. 4484-87
(Sylvan Abbey Mem Park, Inc.) A 87-24, LUP 87-16
The City Attorney presented Ordinance 4485-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4485-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Regulski, Winner, Nunamaker and Garvey.
"Nays":
Berfield. MOtion carried.
o
Item 919 Second Reading, Ordinance 4486-87 Zoning Atlas Amendment as
Residential Planned Development (RPD) for Parcel A and Public/Semi-Public (P/SP)
for Parcel B of property annexed in Ord. 4484-87 (Sylvan Abbey Mem. Park, Inc.)
A 87-24, LUP 87-16.
It was pointed out the traffic generation for the proposed nursing home
center would be considerably more than f'or single family residential, such as
RS-3. Discussion ensued regarding the proposed use, and it was expressed that
this particular use might be the most desirable use that could be made of the
property.
The City Attorney presented Ordinance 4486-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4486-87 on
second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Winner, Nunamaker and Garvey.
"Nays" :
Berfield and Regulski.
Motion carried.
Item 020 - Second
loca ted on the N
21.1 , NW 1/4 Sec.
Reading , Ordinance 4505-87 Annexation of a parcel of land
side of John's Parkway ap rox. 800' W of Bayshore Blvd.; M&B
1 -29-16 (Cummings) A 87-31.
The City Attorney presented Ordinance 4505-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4505-87 on
second and final reading. Motion was duly seconded. Upon roll call the vote was:
~
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"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s" : None.
(Book 40)
298.
12/03/87
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Item #21 - Second Reading,
Family Residential (RS-8)
A 87-31
Ordinance 4506-87 - Zoning Atlas Amendment as Single
for property annexed in Ord. 4505-87 (Cummings)
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The City Attorney presented Ordinance 4506-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4506-87 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 #22 - Second Reading, Ordinance 4509-87
Ave. S of Lots 6 & 7, Blk. 2, & N of Lots 4
(Bayview Baptist Church) V 87-13
Vacation of a portion of Kentucky
& 5, Blk. 3, Bay View City Sub.
Curtis DeYoung, representing the owner/applicant, stated they feel the
deletion of 50 feet from the vacation request was excessive to provide the
ad joining property owner a turnaround at the en trance 0 f his driveway. Mr.
DeYoung requested the ordinance be amended to give the applicant the additional 50
feet and, in return, the applicant would give to the City an easement of ten feet
along the westerly 150 feet of the property.
The City Attorney pointed out if the ordinance is amended, it would have to
be readvertised and another public hearing held.
ED
The City Attorney presented Ordinance 4509-87 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4509-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Berfield, Winner, Nunamaker and Garvey.
"Nays":
Regulski.
Motion carried.
Item #23 - Second Reading, Ordinance 4511-87 - Vacation of a portion of Missouri
Ave. lying S of the S ROW line of Palmetto St. & N of the most N'ly ROW line of
Seminole St. (formerly Fairview Dr.); lying within Blk. D, New Country Club
Addition Sub., Sec 10-29-16 (City) V 87-15
The City Attorney presented Ordinance 4511-87 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4511-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
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(Book 40)
299.
12/03/87
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Item /124 Second Reading Ordinance 4512-87 Zonin Atlas Amendment from
Residenti 1 Planned Development (RPO 6.5) to Single Family Residential (RS-B) for
a parcel located on the N side of Nursery Rd., W of & adjoining the Florida Power
ROWand approx. 1,400' W of U.S. 19; Lot 12, in the SE 1/4 of 19-29-16, Pinellas
Groves. (furtis) Z 87-17
The bity Attorney presented Ordinance 4512-87 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4512-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes" :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item /125 - Second Reading
of Ordin nces relating to
order to conform with Sec.
Ordinance 4513-87 - Amendin Section 22.61
the Jurisdiction of the Code Enforcement
162.02, Florida Statutes (1986 Supplement).
(a) Code
Board; in
The City Attorney presented Ordinance 4513-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4513-87 on
second a d final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
Item /126 - Second Readin Ordinance 4514-87 - Amendment to Section 137.005
Oevelopm to redefine "Sign", LOCA 87-13.
Land
o
The City Attorney presented Ordinance 4514-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4514-87 on
second a d final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
Item #21 Second Reading, Ordinance 4515-87 Amendment to Section
136.025(c){10) Land Development Code to establish the basis for determining the
Density f Congregate Care Facilities, LOCA 87-14
The City Attorney presented Ordinance 4515-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4515-87 on
second a d final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
CITY HAHAGRR REPORTS
submitted less items # 30 and 40.
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Advisory Boards - Hot~rications - Received.
Item #28 - Beautification Committee (1 member) (CLK).
(Book 40)
300.
12/03/87
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Agreements - Approved less item #30.
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I tern #29
on Myrtle
(PV)
Tri-Party Sanitary Sewer Service Agreement for the Ritchie property
Ave. S of Belleair Rd.; City of Clwtr., City of Largo & Mr. Ritchie
Item #30 - see page 303 .
Bids & Contracts - Approved less item #40.
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Item #31 - Visa Bars for Police Vehicles -
rebuild bars for vehicle replacements; G.
an estimated cost of $7,813.31 (CS)
contract to purchase parts needed to
T. Distributors, Rossville, GA, at
Jtem #32 Philadelphia Phillies, Clubhouse Floor Covering contract to
purchase for the Jack Russell Stadium & Carpenter Field clubhouses; Recreation
Concepts International, Inc., Orlando at a cost of $4.69 per sq. ft. for a total
$61,947.36 to include shipping. (PR)
Item /133 - Philadelphia Phillies, Fencing I - contract for installation; Smith
Fence Co., Clearwater, at a cost not to exceed $56,049.00 (PR)
Item #34 - Philadelphia Phillies, Fencing II
railings and backstop netting; Smith Fence
exceed $86,621.88 (Pi)
- contract for replacement fencing,
Co., Clearwater, at a cost not to
o
Item 1135 Portable Mini Camera System contract to purchase; All-Atlantic
Industries, Atlanta, at a cost of $9,995.00; to be utilized to monitor sewer lines
and city water wells (PW)
Item #36 Myrtle Ave. Storm Relining (Druid Rd. to Turner St.) 87-7 - award
contract to Overstreet Paving Co., Largo, for $146,261.00; to restore 850 lineal
feet of structurally unsound 48" storm pipe with the use of a polyethylene
slipliner, to include the replacement of smaller sized storm pipes and catch
basins (PM)
Item /137 Geophysical Logs in City Water Wells - award contract to Southern
Resource Explorations, Inc, Gainesville, at a cost not to exceed $9,520.00; for
the determination of the quality and quantity of water and further determine the
feasibility of rehabilitating or abandoning City water wells 45, 46, 51, 53, 54,
57, 64 and 71 which are presently capped off. (UT)
I tern 1138 Gas
Controls, Inc.,
$15,300.00 for
installation of
Meters & Regulators - contracts to purchase 300 each from
Tampa, for $3,495.00 & Rockwell International, Pittsburgh,
a total not to exceed $18,795.00; this purchase being for
meters at Condon Gardens (UT)
Key
for
the
Item #39 Gas Main
Construction, $11,476.00
exceed $17,876.00 (UT)
Item #40 - see page 303
Installa tion award contracts
& St. Petersburg Paving, $6,400.00
as follows: V isk
for a total not to
Q
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(Book 40)
301.
12/03/87
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Citizen & Starr Requests - Approved.
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Item #41 Request for Cancellation of Minimum Housing Code Lien against
property located at 1132 Engman St.; Lot 49, Blk. D, Greenwood Park Sub. 112j
total due $858.16 (principal, interest, and filing fees as of 10/15/87) (CLK)
Plans & Plats - Approved.
o
Item #42 - Final Site Plan for Gulf-to-Bay Office Building located on the N side
of Gulf-to-Bay Blvd., approx. 270' W of Hampton Rd.; M&B 24.01, Sec. 17-29-16
subject to the following conditions: 1) Additional right-of-way required for
Gulf-to-Bay Blvd. shall be dedicated prior to the issuance of building permits; 2)
The sidewalks must be installed around the north side of the traffic poles and the
site plan must be revised accordingly subject to approval by Traffic Engineering
prior to certification of the site plan; 3) The D.E.R. and SWFWMD permits must be
obtained prior to the issuance of any building permits by the City; 4) An ingress
and egress easement and a 10 foot utility easement over the water main, up to and
including meters and hydrants, must be provided prior to the issuance of a
building permit; 5) The orientation of the dumpster is subject to approval by the
Utilities Department; 6) Open space fees must be paid prior to certification of
the final site planj 7) An application for rezoning the wetland mitigation area on
the east side of the property to Aquatic Lands/Interior must be submitted prior to
certification of the final site planj 8) An easement must be provided for the
private driveway to the abutting property to the north as required by the
development order for the Park Place D.R.I.; 9) Signs and fencing are subject to
separate review and permitting processes; 10) The site plan must be revised to
delinea te the interior landscaped areas as requ lr(~d by Code (with new
calculations, if necessary) and is subject to approval by Environmental Management
prior to certification of the site plan; and 11) The rdquisite initial building
permit must be procured within six months from the date of certification of the
final plan and all certificates of occupancy must be obtained within three years
of the date of certification of the final plan. (Birton E. McMullen) PSP 87-35
(PUD)
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Item 1143 - Preliminary Subdivision Plat. for Country Oaks Sub. located on'the N
side of Nursery Rd., W of Maple Forest Rd.; Lot 12, Pinellas Groves, Sec. 19-29-16
subject to the following conditions: 1) The front building setback line must be
platted on Lots 3, 4 & 5; 2) A fire hydrant must be placed on the site
approximately halfway down Country Oaks Lanej 3) The area identified as drainage
and wall easement must be corrected to state a drainage and utility easement; 4)
The detention ponds must be deeded to the adjacent property owner, rather than an
association; 5) The sidewalk width along Nursery Road must be amended to be five
feet; 6) The water line in the subdivision must be connected to the City's 12"
water main on Nursery Road; 7) Gates must be provided in the wall to provide
access for maintenance; 8) Century Oaks Lane must be constructed to City standards
and the ingress/egress, drainage and utility easement accommodating the roadway
must be 60 feet widej and 9) The City will be provided an easement for water lines
up to and including the hydrant and meters. (Donald) SUB 87-16 (POD)
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Item 1144 - Preliminary Site Plan for Jeffords Square Professional Condo located
at the NE corner of the Intersection or S. Ft. Harrison Ave. and Jeffords St.;
Lots 4-10, Blk. 39, Magnolia Park Sub., Sec. 16-29-15 subject to the following
conditions: 1) Parking calculations must be revised to reflect the parking formula
by which existing parking requirements were determined and 2) Project data must be
revised to reflect entire project area of the three phase development and shown on
the final site plan for DRC review. (Rosewater) PSP 87-40 (POD)
(Book 40)
302.
12/03/87
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_._~___.____~":I".'::-.A.';r!:'~"'Mo",__~...tf.._:.;'1:.::.~r':'~::'1..,,:.r.';'~-t!"t"_ot"I..~___.___~_~...,..t,~__,~tM;.'1fI2~~"'\o.~"
Receipt & Ref'erral - Rece i ved and re ferred to proper depart.men ts.
o
Item iJ45 - Petition for Annexation & RS-8 Zoning for a .18 acre parcel located
on the N side of Pinewood Dr. approx. 450 ft. E of Betty Lane; Lot 16, Blk. A,
Pine Ridge Sub., Sec. 10-29-15 (Oremland) A 87-44 (POD)
Commissioner Winner moved to approve the Consent Agenda as submitted, less
Items 1130 and 40, and that the appropriate officials be authorized to execute
same. MOtion was duly seconded and carried unanimously.
, .!,.
Item U30 - Execution of the Agreement with Greiner, Inc. as Consultant for the
Development of a Master Plan for the Clearwater Executive Airpark at a cost of
$59,980.00 (PW)
The Public Works Director reviewed the agreement with Greiner Inc. as
consultant for the development of the master plan for the Clearwater Executive
Airpark. He stated the study will take about a year and cost $60,000, half to be
paid by the Florida DOT and half by the City of Clearwater.
Addressing complaints regarding the study costing too much, Mr. Baker stated
considering the scope of the work and the expertise of the consulting company, the
cost is not excessive. It was pointed out the funding sources listed on pages 16
and 17 of the agreement are particularly important.
Commissioner tUnnel'" moved to
consul tant for the development of
Airpark and that the appropriate
Motion was duly seconded and carried
approve an agreement with Greiner, Inc. as
a master plan for the Clearwater Executive
officials be authorized to execute same.
unanimously.
r'\
V
Item ff~O - A reement with Peoples Gas System Inc. to sell them natural gas at a
wholesale rate of 0.0814 per therm above the City's weighted cost of gas for
delivery to the "Largo Collection" location at the intersection of Ulmerton Rd.
and Seminole Blvd. (UT)
The City Attorney stated there is an amendment to be made to the agreement
with People's Gas System Inc. In paragraph 3, the second sentence regarding
sovereign immunity should be deleted. The City Attorney stated sovereign
immunity applies only to governmental agencies, and this sentence should not have
been included.
Commissioner Winner moved to approve the agreement with People's Gas System
Inc. as amended and that the appropriate officials be authorized to execute same.
Motion was duly seconded and carried unanimously.
x - Other Items on City Manager Reports
Item 146 - Parks & Recreation Board (1 member) Appointment (CLK)
Commissioner Regulski moved to appoint Paul Andberg.
seconded and carried unanimously.
Motion was duly
Item 147 - Library Board (1 member) Appointment (CLK).
ED",',
:,e,,>->:
'..
Commissioner Berfield moved to reappoint Theodore A. Serrill.
duly seconded and carried unanimously.
Motion was
(BOOk 40)
303.
12/03/87
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Item #48 - Ordinance 4315-87, Relating to Off-Street Parkin ,
13 .022, Land Development Code; suggested amendment and request
advertise for second and final reading. (POD)
a=nending See tion
for direction to
o
The City Commission passed Ordinance 4375-87 on first reading on March 19,
1987. As the title of the ordinance reads, it would provide that whenever a city-
owned parking lot or parking structure is used to meet minimum off-street parking
requirements for any use having insufficient on-site parking, then the on-site
parking available to serve that use may not be reduced, sold or otherwise rendered
unavailable to that use.
1
I
The Planning and Zoning Board recommended denial of the ordinance on June 16,
1987. The City Commission at public hearing for final reading on July 2nd
re ferred the ord inance back to the Planning and Zoning Board lolho again on July
14th recommended denial.
i
',1.
,
.\'
On November 17th, the Planning and Zoning Board specifically reviewed
amendment language offered by Commissioner Regulski on July 2, 1987 which reads:
Whenever a property is used to provide all or part of the parking in accordance
with the requirement set forth in this section, said parking shall not be reduced
nor said property be sold or rendered unavailable to that use, unless a prior plan
to replace this parking is approved by the City in accordance with the other
provisions of this code. The Planning and Zoning Board recommended this language
be considered as a reasonable subject for an ordinance.
Commissioner Regulski moved to table Ordinance 4375-87 and direct staff to
prepare a new ordinance. MOtion was duly seconded and carried unanimously.
o
Item 1149 Cooper's Point Acquisition Offer to purchase
$1,950,000.00 payable 1/3 by the City & 2/3 by the County;
pursue borrowing of $410,000 to consummate the purchase and
purchase agreement in accordance herewith. (CM)
the property for
Authorize staff to
the execution of a
The recommended purchase price is the average of the
obtained by the City. The recommended offer is contingent
$1,300,000, which is two-thirds of the purchase price.
two MAl appraisals
on the County paying
The City commits to use its best efforts to acquire adjoining wetland areas
and all signage on the property will indicate that it is a joint project between
the City and County.
City funding will be as follows: $105,768 from Open Space Impact Fees;
$49,139 from Recreation Land Impact Feesj $85,093 from Interest on Open
Space/Recreation Land Fees, for a subtotal of $240,000 and $410,000 borrowing from
Special Development Fund at an interest rate equal to our cash pool return
(pending investigation of external long term financing).
Hope was expressed that the County will not look at the City's offer to pay
one-third as a transfer of responsibility. It was pointed out the County has the
funds set aside in a reserve fund for the purpose of purchasing Cooper's Point and
it has earned interest. Initially, there \-las no intention for the City to
particip~te in the purchase.
~
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(Book lJO)
304.
12/03/87
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Discussion ensued regarding the advantages of acquiring
wetlands. Some concern was expressed that the price asked by
inflated. It was emphasized if the land is acquired, it should
natural state and not developed as a park.
the endangered
the developer is
be left in its
.
~t\;r:I
Point property
authorize staff
of a purchase
execute same.
Commissioner Regulski moved to offer $1,950,000 for the purchase of Cooper's
payable one-third by the City and two-thirds by the County,
to pursue borrowing $410,000 to consummate purchase and execution
agreement, and that the appropriate officials be authorized to
Motion was duly seconded and upon the vote being taken:
Commissioners Berfield, Winner, Regulski and Mayor Garvey voted
Commissioner Nunamaker voted "nay". Motion oarried.
"aye".
II - Other Pending Matters - None.
III - Verbal Reports
Item #50 - Setting date for Pension Rewrite Meeting
Commission consensus was to set the next Pension Rewrite meeting for Monday,
December 7, 1987 at 5:00 p.m.
CIn ATTOBBBt REPOBTS
IIII - First Beading Ordinanoes
Item fi51 Ordinance 4516-87 Annexation
Parkway, approx. 500' W of Bayshore Blvd.;
(White, C.R. & J.A.) A 87-33
of
Lot
a parcel located
8 , John's Parkway
S of John's
Subdivision
o
The
by title
reading.
City Attorney
only.
Motion
presented Ordinance ~516-87 for first
Commissioner Regulski moved to pass Ordinance
was duly seconded. Upon roll call the vote was:
reading and read
4516-87 on
it
first
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item fi52
Residential
A 87-33
Ordinance
(RS-8) for
4517-87
property
Zoning Atlas
annexed in Ord.
Amendment as Single
4516-87 (White, C.R.
Family
& J .A. )
The
by ti tle
reading.
City Attorney
only.
Motion
presented Ordinance ~517-87 for first
Commissioner Regulski moved to pass Ordinance
was duly seconded. Upon roll call the vote was:
reading and read
4517-87 on
it
firs t
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
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(Book ~O)
305.
12/03/87
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Ordinance 4521-87 Zoning
(RM-16) to Limited Office (OL) for
of the intersection of Kings Highway and Sunset Point
Estates (Highpoint Investment Inc.) Z 87-1B
Amendment
from
Item H53
Residential
Atlas
Multi-Family
property located at the SE corner
Road; Lots B & C, Brentwood
The
by ti tle
reading.
City
only.
Motion
Attorney presented Ordinance 4521-87 for first
Commissioner Regulski moved to pass Ordinance
was duly seconded. Upon roll call the vote was:
read ing and
4521-87
read it
on first
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
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"Nays" :
None.
Item #54 Ordinance 4522-B7 - Vacation of a 10' utility easement lying in the
rear of Lot 29, Del Oro Groves 1st Addition (Gibson) V 87-12
~)
The
by ti tle
reading.
City
only.
Motion
Attorney presented Ordinance 4522-87 for first
Commissioner Winner moved to pass Ordinance
was duly seconded. Upon roll call the vote was:
reading and read it
4522-87 on first
)
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item H55
Code of
schedule
Ordinance 4523-87 Amending Sections 71.07, 71.11, 71.13 & 71.14,
Ordinances relating to licenses for professions, transf'er of' licenses,
of fees, and requirements f'or issuance of occupational licenses.
Q
Commissioner Regulski
before the word engineers
carried unanimously.
moved to amend
in Section 71.07.
Ordinance 4523-87
Notion was
by deleting
duly
ci vi!
seconded and
The City Attorney presented Ordinance 4523-87, as amended,
and read it by title only. Commissioner Winner moved to
as amended, on first reading. Motion was duly seconded.
pass
Upon
for first reading
Ordinance 4523-87,
roll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
nv - Resolutions
Item 056 Resolution 87-45 Requesting the P inellas
Commissioners to cancel and discharge certain tax liens
acquired for public purposes, and to grant tax exemptions.
County Board of
upon municipal
County
property
Commissioner Winner moved to pass and
the appropriate officials to execute same.
call the vote was:
adopt Resolution
Hotion was duly
87-45 and
seconded.
authorize
Upon roll
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
~
(Book 40)
306.
12/03/87
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Item 1/57 Resolution 87-46 Assessing the owners of property the costs of
having mowed or cleared the owner's lot.
.
Commissioner Winner moved to pass and
the appropriate officials to execute same.
call the vote was:
adopt Resolution 87-46 and authorize
Motion was duly seconded. Upon roll
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #58 Resolution 87-47 - Objecting to Oil Drilling and Exploration off the
coast of Florida & the Florida Keys inside a thirty-mile buffer zone; Requesting
the United States Congress to oppose plans for any such drilling and exploration.
,':'
Commissioner Regulski moved to pass and
the appropriate officials to execute same.
call the vote was:
adopt Resolution 87-47 and authorize
Motion was duly seconded. Upon roll
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
xv - Other City Attorney Items
Item 1/59 Plymouth Plaza Ltd.,
Transportation, et al. (Case No.
final judgement.
et al. v.
86-14172-16)
Sta te of Florida, Department of
- Plaintiff's proposed stipulated
I/IfI1I!\
'"
The City Attorney stated this case involves title to an easement.
he is recommending the Commission not accept the stipulated judgement.
He stated
Commissioner Regulski moved to support the City Attorney's pecommendation
regarding plaintiff's proposed stipulated final judgement in the case of Plymouth
Plaza Ltd., et al. v. State of Florida, Department of Transportation, et al.
Motion was duly seconded and carried unanimously.
Item
The City Attorney
outside counsel for the
the gas explosion.
requested Commission approval to hire Alan Zi~~et as
State Administrative Complaint against the City regarding
Commissioner Regulski moved to authorize the hiring of Alan Zimmet for a fee
of $85 per hour for the handling of this Administrative Complaint. Motion was
duly seconded and carried unanimously.
The City Attorney reported the alcoholic beverage ordinance has been retyped
and sent to the City Commission. He requested input from them by the next work
session in order to get a revised copy to the City Clerk's office for public
inspection.
~
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(Book 40)
307.
12/03/87
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The City
lower court's
Commission approval
case or, if refused,
Attorney stated the
decision against the
to ask the Second District Court
to go to the Supreme Court of
Second District Court
City in the
of Appeals
Hetco case.
of Appeals to
Florida.
a ffirmed the
He requested
reconsider the
o
Commissioner Regulski moved
additional recourse in the Metco
seconded and carried unanimously.
to authorize the
Development Corp.
City Attorney
litigation.
to pursue
Kat-ion was duly
XVI - Other Commission Action
Commissioner Barfield
in water and sewer service
requested
rates.
figures
be
provided
to
him
on
the
increase
CollllR:1ssioner
the planting of
spaces is only a
Winner complimented the Parks
trees at Memorial Civic Center.
temporary condition; they will be
and
He stated
replaced.
Recreation
the
Department for
deleted parking
COllUDissioner Hunamaker presented
facilities adjacent to the Clearwater
location and the savings in cost over
a proposal for consolida ted
Airpark, emphasizing the desirability
constructing a new facility.
garage
of the
Discussion ensued regarding the proposed contract which has a 40 day escape
clause and is in essence an option to purchase.
approve
contract for
to $50,000
deposit funds to come
to execute the
duly seconded and upon the
Berfield and Mayor Garvey
Motion carried.
\@
to
to be increased
contract, the
Manager be authorized
Motion was
the
purchase for
upon the City's
from the
contract
vote
voted
XVII - Adjournment
The meeting adjourned at 9:22 p.m.
Attest:
'-\-\\~ ~ ..Ji,~~,c'---
Clark
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(Book 40)
308.
12/03/87
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