Loading...
11/19/1987CITY COMMISSION MEETING November 19, 1987 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 Mayor/Commissioner James L. Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present were: Joseph R. McFate II Interim City Manager M. A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Paula Harvey Planning Director Cynthia E. Goudeau 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 for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards 3 service pins were awarded to City employees. IV - Introductions and Awards Certificate Of Achievement for Excellence in Financial Reporting awarded to Dave 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 meeting of November 5, 1987 as recorded and submitted in written summation by the Clerk to each Commissioner. Motion was duly seconded and carried unanimously. VI - Presentations - None. VII - Citizens to be heard re items not on the Agenda Lois Cormier thanked the Action Center and Mike Mulligan, of the Parks and Recreation Department, for their prompt response regarding her concern about the removal of the trees around City Hall. Ms. Cormier expressed her concern regarding the fact that the "source flashlight" used by the Police Department would be auctioned as surplus property. Ms. Cormier was assured the flashlight would be auctioned only to other law enforcement agencies. VIII - Public Hearings Item #9 - (Continued from 11/5/87) - Vacation request of a 10' utility easement lying in the E'ly 10' of the W'ly 35'of Lot 44, Blk. M, Brookhill Unit #5 (Bruner) V 87-14 (PW). 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 #10 - Vacation request for the S 1.0 foot of the existing 10' drainage easement on the N side of Lot 70, Forrest Wood Estates, less the W 10' (Wilson) V 87-17 (PW). 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 request and to direct the City Attorney to include in an ordinance. Motion was duly seconded and carried unanimously. Item #11 - (Continued from 11/5/87) - 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. 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 "aye". Commissioner Berfield voted "nay". Motion carried. Item #12 - 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) (PUD). 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 was 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 now requests approval of a 40 foot long dock, 23 feet in width with tie poles. The dock width has been decreased one foot from the previous request. 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 #13 - 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 1/4 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. City water service is available to Commissioner Regulski moved to approve the annexation and RS-8 zoning on the subject property and to direct the City Attorney to include this in an ordinance. Motion was duly seconded and carried unanimously. Item #14 - 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 ( 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. City water and sewer service are available to the lot. 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 and Zoning Board and staff do not feel the RM zoning is appropriate for this location. 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 Mr. 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. The meeting recessed from 8:27 - 8:39 p.m. Item #15 - Public Hearing and First Reading, Ordinance 4514-87 - Amendment to the Land Development Code, Section 137.005 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. The City Attorney presented Ordinance 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: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #16 - Public Hearing and First Reading, Ordinance 4515-87 - Amendment to the Land Development Code, Section 136.025 (c) (10) to establish the basis for determining the density of Congregate Care Facilities, LDCA 87-14. In consideration of 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 for congregate care facilities. Congregate care facilities are defined as residential uses involving a building, designed to be occupied by 21 or more persons, comprised of individual dwelling units, with or 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. Where presently the code provides for calculating density of 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 of 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 #17 - 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 of 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. Item #18 - Public Hearing and First Reading, Ordinance 4447-87 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public for property annexed in Ordinance 4446-87 (City of Clwtr) A 87-5, LUP 87-3. 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 #19 - First Reading, Ordinance 4448-87 - Zoning Atlas Amendment as Public/Semi-Public for property annexed in Ordinance 4446-87 (City of Clwtr) A 87-5, LUP 87-3. The City Attorney presented Ordinance 4448-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4448-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #20 - First Reading, Ordinance 4484-87 - Annexation of a parcel of land located W of Soule Rd. & S of Union St.; Parcel "A" 36.95 acres, Parcel "3" 4.00 acres; M&B 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 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": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #21 - Public Hearing & First Reading, Ordinance 4485-87 - Land Use Plan Amendment from Recreation/Open Space to: Low Density Residential, parcel "A" and Public/Semi-Public, parcel "B" on property annexed in Ordinance 4484-87 (Sylvan Abbey Mem. Park, Inc.) A 87-24, LUP 87-16. The City Attorney presented Ordinance 4485-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4485-37 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item # 22 -First Reading, Ordinance 4486-87 - Zoning Atlas Amendment as Residential Planned Development (RPD) for Parcel "A" and Public/Semi-Public for Parcel "B" on property annexed in Ordinance 4484-87 (Sylvan Abbey Mem. Park, Inc.) A 87-24, LUP 87-16. 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 generation would be less than for single family development as the average age of the residents will be 30 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. 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 4486-37 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Winner, Nunamaker and Garvey. "Nays": Berfield and Regulski. Motion carried. CITY MANAGER REPORTS IX - Consent Agenda - Approved as submitted (less Item #27). Advisory Board - Notifications - Received. Item #23 - Parks & Recreation Board (1 member) (CLK). Item #24 - Library Board (2 members) (CLK). Item #24A - Development Code Adjustment Board (l 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 offer 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 8 Bids & Contracts - Approved. Item #28 - Surplus Personal Property - Declare surplus and authorize Sumter Machinery Auction, Bushnell, FL, to sell for 5% commission of gross sales, tentative date 12/6/87 (CS). 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 - Award contract to purchase from Graybar Electric, Largo for $10,735.20 and Bay Area Electric, Clwtr. for $5,918.00 for a total cost of $16,653.20 (PR). 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 '37/88 (PW). 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 (88-53) - 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) - Award contract to Astroturf Industries Inc., Dalton, GA, $253,200.00 (PW). Item #35 - Traffic Signal Controllers for computerized signal system - Award contract to purchase forty Transyt Model lo80E Controller Assemblies from Transyt Corporation, Tallahassee, $163,000.00 to be refunded to the City by Pinellas County Government (TE). Item #36 - Parking Lot Attendant Services - Award contract to purchase services from Republic Parking System, Chattanooga, TN at an estimated $62,000.03 for period 11/26/87 to 11/25/88 (TE). Change Orders - Approved. Item #37 - Change Order #2, Second Story Addition to Police Department main station for payment of the new sales tax on services - Bankston Construction Corporation $+8,047.50 for a new total of $333,224.50 (CS). Plans & Plats - Approved. Item #38 - 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&3 24.05, Sec. 9-29-16, (PACT, Inc.) SUB 87-15 (PUD) subject to l) 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. Item #39 - Petition for Annexation & RS-4 Zoning for a 1.69 acre parcel located on the W side of McMullen Booth Rd. approx. 800' N of Main St. (SR 588); M&B 22.05, Sec. 4-29-16 (McMullen) A 87-41 (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 #41 - 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 37-26 (PUD). 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 (PUD). Item #43 - Petition for Annexation, P/SP 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 (PUD). City Attorney Deeds & Easements - Approved. Item #44 - Sidewalk and Utilities Easements lying in the SW 1/4 of the NE 1/4 of Sec. 13-29-15 (The Southland Corp). Item #45 - A 10 foot Gas Line Easement and an Ingress & Egress Easement lying in Sec. 30-28-16 (Countryside Village Ltd). Item #46 - 10' easement for surface & air use for water lines & meters lying in Sec. 18-29-16 (Equitel, A Florida General Partnership). Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Item #27, and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #27 - "Adopt-A-Park-Agreement" with Island Estates Civic Association for installation & maintenance of landscaping and signs at Island Estates entrance (PR). A question was raised regarding the approximate timetable for the improvements to the Island Estates entrance. The Parks and Recreation Director stated the improvements will begin shortly after the first of the year; however, the sign at the entrance may be installed prior to January 1, 1988. 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 comfortable with it. Commissioner Winner moved to approve the "Adopt-a-Park" agreement 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 #47 - Revised Preliminary Subdivision Plat for Curlew Heights located S of Curlew Rd., W of Countryside Blvd. and particularly 300' E of 66th St. N. and 400' S of 297th Ave.; M&B 33.04, Sec. 17-28-15 (Sempecos) SUB 37-12 (PUD). The property is currently in the annexation process. The applicant proposes to develop an eight lot single family subdivision. 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-of-way. 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 concerns 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. 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 Regulski moved to not accept review of the preliminary subdivision plat. Motion was duly seconded and carried unanimously. Chris Andros, engineer for the project, arrived after the discussion and vote and requested to be heard. He stated the developer is not trying to take advantage of the situation and Florida Power has no objection to the access road through the right-of-way if there are no objections from the homeowners. 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 B1k. 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 (PUD). There is a fresh water natural area located on the west side of the subdivision. This area should be rezoned to Aquatic Lands Interior. The applicant proposes to develop a 49 lot single family subdivision. Access is proposed from Harding Street and Airport Drive. 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. Mr. Baker requested an additional 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. 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 aviation 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 Lands/Interior; 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 execute 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. Verbal Reports The Interim City Manager: reported the work session on January 18, 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 Resolutions Item #43 - Resolution 87-36 - Assessing the owners of property the costs of having or cleared the owner's lot. Commissioner Winner moved to pass and adopt Resolution 37-36 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. 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 execute 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 Election 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 provided on or before January 19, 1988. Pension Rewrite on March '38 ballot. 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 moved to authorize the hiring of Alan Zimmet as special counsel for the six cases at a rate of $85/hour and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. The City Attorney requested authorization to settle the Toomer vs. City of Clearwater lawsuit for $13,000. Mr. Toomer has a 5% disability due to injuries sustained in an auto accident in which a city employer was at fault. Commissioner Regulski moved to authorize settlement of $13,000 in the Toomer case and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. XV - Other Commission Action Commissioner Winner expressed resentment regarding statements made to the effect the City Commission is not seriously interested in the purchase of Cooper's Point. Commissioner Berfield requested that departments be directed to turn calls over to the Action Center when the person who answers is uncertain of what department handles the item. Mayor Garvey requested investigation of whether or not repeat violators of the lot clearing ordinance can be automatically brought before the Code Enforcement Board. Mayor Garvey requested a copy of the memo by Bob Walker regarding not citing juvenile offenders. The City Attorney will provide a copy for the Commission. The Mayor questioned whether or not a resolution opposing offshore drilling should be done. It was stated one had been adopted the previous year. (It was later discovered this resolution had not been adopted.) Mayor Garvey requested direction regarding how to respond to a letter from the Committee on Environmental Quality of Dunedin opposing the dredging of Dunedin Pass. Commission consensus was to send the standard letter regarding continued support of the project. XVI - Adjournment The meeting adjourned at 10:23 p.m.