Loading...
12/03/1987CITY COMMISSION Meeting December 3, 1987 The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, December 3, 1987, at 6:01 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 Reverend Paul Cushman, Church of God. 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 A 30 year service ring was awarded to Ulyssee Barber of the Utilities Department. IV - Introductions and Awards It was announced the Turkey Trot Awards were won by Library staff members. Proclamations - None. V - Minutes of the Regular Meeting of November 19, 1987 and Special Meeting of November 10, 1987. Commissioner Nunamaker moved to approve the minutes of the regular meeting of November 19, 1987 and the special meeting of November 10, 1987 as recorded and submitted in written summation by the Clerk to each Commissioner. Motion was duly seconded and carried unanimously. VI - Presentations Windjammers of Clearwater presented a $10,345.17 check to the City for the Sailing Center; also presented a photograph to Mayor Garvey. VII - Citizens to be heard re items not on the Agenda Raymond Williams expressed concerns regarding the Water Division's policy of refusing service because of a former tenant's delinquent water bill. VIII - Public Hearings Item #9 - Request for Variance to the 500 foot minimum distance requirement for alcoholic beverage sales; Gould & Ewings 2nd Addition, Lots 3 & 4, Blk. 8, zoned UC (Urban Center Core) AB-7 (George E. Tragos) (CLK). Pursuant to Ordinance 4470-87, this request was received to permit on premises consumption of beer, wine & liquor within 480 feet of a church zone at 103 S. Garden Avenue. The conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on November 3rd subject to the following conditions: 1) Use permit procured within six months and 2) Granting of variance by City Commission to 500 foot separation requirement. Douglas Buckwalter, attorney representing John Murkins, stated Mr. Murkins is attempting to open a restaurant at this location which will improve and enhance the downtown area. Mr. Buckwalter stated the use conforms with the Land Development Code and meets the standards required for a variance to the 500 foot distance requirement. He stated there have been restaurants previously at this location that have sold alcoholic beverages. The church, located within the 500 feet, has voiced no objection to the variance. The alcoholic beverage license is 4-COP since Mr. Murkins does not qualify for SRX because of limited seating. One citizen spoke in opposition to the proposed use stating this location has had a problem with derelicts and drunks and he does not feel more bars are needed on Garden Avenue. He stated previous establishments have been a nuisance and he requested the variance be denied. Discussion ensued regarding whether the City Commission should be considering the conditional use or only the 500 foot distance requirement. The Planning Director stated the Planning and Zoning Board has also questioned whether the City Commission reviews their decision regarding conditional use when granting the variance to the 500 foot separation requirement. John Murkins reviewed his proposed restaurant use stating he intends to have a restaurant, not a night club, and would have applied for the SRX license had he had more seating. Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property subject to 1) the condition the variance will be personal to the applicant or holder of the license and not be transferrable or run with the land and 2) the kitchen will remain open and functional all hours the establishment is open. Motion was duly seconded and carried unanimously. Item #10 - Request for Variance to the 500 foot minimum distance requirement for alcoholic beverage sales; M&B 23.13, Sec. 18-29-16, zoned CG (General Commercial) AB-8 (Valentinos Koumoulidis - Mr. Submarine/Mr. Gyro) (CLK). Pursuant to Ordinance 4470-87, this request was received to permit on premises consumption of beer & wine within 50 feet of a residential zone at 2213 Gulf to Bay Boulevard. A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on November 3, 1987 subject to the following conditions: 1) Use permit procured within six months; 2) Granting of a variance by City Commission 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 to the alcoholic beverage minimum distance requirement on the subject property. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". Motion carried. Item #11 - Petition for 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 (PUD) 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 #12 - 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 (PUD) An office building is proposed for the site. City water and sewer is available. 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. 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 #2, 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 Board continued consideration of this request to their meeting of December 15, 1987. 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 - Annexation of a parcel of land on the E side of Belcher Rd., approx. 325 ft. 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 4445-87 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4445-87 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 #15 - Second Reading, Ordinance 4447-87 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public for property annexed in Ord. 4446-87 (City of 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 4448-87 - Zoning Atlas Amendment as Public/Semi-Public for property annexed in Ord. 4446-87 (City of Clwtr) A 37-5, LUP 87-3 The City Attorney presented Ordinance 4448-87 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4448-87 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 #17 - 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&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 second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4434-37 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 #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. 4484-37 Sylvan Abbey Mem Park, Inc.) A 87-24, LUP 87-16 The City Attorney presented Ordinance 4435-87 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. Item #19 - 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 for 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 4485-87 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 #20 - Second Reading, Ordinance 4505-87 - Annexation of a parcel of land located on the N side of John's Parkway approx. 800' W of Bayshore Blvd.: M&3 21.14, NW 1/4 Sec. 15-29-16 (Cummings) A 87-31. The City Attorney presented Ordinance 4505-37 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: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #21 - Second Reading, Ordinance 4506-87 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ord. 4505-87 (Cummings) A 87-31 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 - Vacation of a portion of Kentucky Ave. S of Lots 6 & 7, Blk. 2, & N of Lots 4 & 5, Blk. 3, Bay View City Sub. (Bayview Baptist Church) V 87-13 Curtis DeYoung, representing the owner/applicant, stated they feel the deletion of 50 feet from the vacation request was excessive to provide the adjoining property owner a turnaround at the entrance of 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. 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 "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. Item #24 - Second Reading, Ordinance 4512-87 - Zoning Atlas Amendment from Residential Planned Development (RPD 6.5) to Single Family Residential (RS-8) for a parcel located on the N side of Nursery Rd., W of & adjoining the Florida Power ROW and approx. 1,400' W of U.S. 19; Lot 12, in the SE 1/4 of 19-29-16, Pinellas Groves. (Curtis) Z 87-17 The City 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 #25 - Second Reading, Ordinance 4513-87 - Amending Section 22.61 (a), Code of Ordinances relating to the Jurisdiction of the Code Enforcement Board; in order to conform with Sec. 162.02, Florida Statutes (1986 Supplement). 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 and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #26 - Second Reading, Ordinance 4514-87 - Amendment to Section 137.005, Land Development Code, to redefine "Sign", LDCA 87-13. 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 and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #27 - Second Reading, Ordinance 4515-87 - Amendment to Section 135.025(c)(10), Land Development Code to establish the basis for determining the Density of Congregate Care Facilities, LDCA 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 and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. CITY MANAGER REPORTS IX - Consent Agenda - Approved as submitted less items # 30 and 40. Advisory Board~ - Notifications - Received. Item #28 - Beautification Committee (l member) (CLK). Agreements - Approved less item #30. Item #29 - Tri-Party Sanitary Sewer Service Agreement for the Ritchie property on Myrtle Ave. S of Belleair Rd.; City of Clwtr., City of Largo & Mr. Ritchie (PW) Item #30 - see page Bids & Contracts - Approved less item #40. Item #31 - Visa Bars for Police Vehicles - contract to purchase parts needed to rebuild bars for vehicle replacements; G. T. Distributors, Rossville, GA, at an estimated cost of $7,313.31 (CS) Item #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 #33 - 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 - contract for replacement fencing, railings and backstop netting; Smith Fence Co., Clearwater, at a cost not to exceed $36,621.88 (PR) Item #35 - 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 (PW) Item #37 - 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 wills 45, 45, 51, 53, 54, 57, 64 and 71 which are presently capped off. (UT) Item #38 - Gas Meters & Regulators - contracts to purchase 300 each from Key Controls, Inc., Tampa, for $3,495.00 & Rockwell International, Pittsburgh, for $15,300.00 for a total not to exceed $18,795.00; this purchase being for the installation of meters at Condon Gardens (UT) Item #39 - Gas Main Installation - award contracts as follows: Visk Construction, $11,476.00 & St. Petersburg Paving, $6,400.00 for a total not to exceed $17,876.00 (UT) Item #40 - see page Citizen & Staff Requests - Approved. Item #41 - Request for Cancellation of Minimum Housing Code Lien against property located at 1132 Engman St.; Lot 49, Blk. D, Greenwood Park Sub. #2; total due $858.16 (principal, interest, and filing fees as of 10/15/87) (CLK) Plans & Plats - Approved. 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&3 24.01, Sec. 17-29-16 subject to the following conditions: l) 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; 5) Open space fees must be paid prior to certification of the final site plan; 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 plan; 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 delineate the interior landscaped areas as required 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 requisite 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) Item #43 - 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. 19-29-15 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 Lane; 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 63 feet wide; and 9) The City will be provided an easement for water lines up to and including the hydrant and meters. (Donald) SUB 87-15 (PUD) Item #44 - Preliminary Site Plan for Jeffords Square Professional Condo located at the NE corner of the Intersection of S. Ft. Harrison Ave. and Jeffords St.; Lots 4-10, Blk. 39, Magnolia Park Sub., Sec. 16-29-15 subject to the following conditions: l) 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 (PUD) Receipt & Referral - Received and referred to proper departments. Item #45 - 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 (PUD) Commissioner Winner moved to approve the Consent Agenda as submitted, less Items #30 and 40, and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #30 - 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 $50,000, 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 Winner moved to approve an agreement with Greiner, Inc. as consultant for the development of a master plan for the Clearwater Executive Airpark and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #40 - Agreement with Peoples Gas System, Inc. to sell them natural gas at a wholesale rate of $0.08146 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 #46 - Parks & Recreation Board (l member) Appointment (CLK) . Commissioner Regulski moved to appoint Paul Andberg. Motion was duly seconded and carried unanimously. Item #47 - Library Board (l member) Appointment (CLK). Commissioner Berfield moved to reappoint Theodore A. Serrill. Motion was duly seconded and carried unanimously. Item #48 - Ordinance 4375-87. Relating to Off-Street Parking, amending Section 136.022, Land Development Code; suggested amendment and request for direction to advertise for second and final reading. (PUD) 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 cityowned 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. 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 referred the ordinance back to the Planning and Zoning Board who again on July 14th recommended denial. 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. Item #49 - Cooper's Point Acquisition - Offer to purchase the property for $1,950,000.00 payable 1/3 by the City & 2/3 by the County; Authorize staff to pursue borrowing of $410,000 to consummate the purchase and the execution of a purchase agreement in accordance herewith. (CM) The recommended purchase price is the average of the two MAI appraisals obtained by the City. The recommended offer is contingent on the County paying $1,300,000, which is two-thirds of the purchase price. The City com.nits 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 Fees; $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 was no intention for the City to participate in the purchase. Discussion ensued regarding the advantages of acquiring the endangered wetlands. Some concern was expressed that the price asked by the developer is inflated. It was emphasized if the land is acquired, it should be left in its natural state and not developed as a park. Commissioner Regulski moved to offer $1,950,000 for the purchase of Cooper's Point property payable one-third by the City and two-thirds by the County, authorize staff to pursue borrowing $410,000 to consummate purchase and execution of a purchase agreement, and that the appropriate officials be authorized to execute same. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Winner, Regulski and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". Motion carried. XI - Other Pending Matters - None. XII - 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. First Reading Ordinances City ATTORNEY REPORTS Item #51 - Ordinance 4516-87 - Annexation of a parcel located S of John's Parkway, approx. 500' W of Bayshore Blvd.; Lot 8, John's Parkway Subdivision (White, C.R. & J.A.) A 87-33 The City Attorney presented Ordinance 4516-87 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4516-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #52 - Ordinance 4517-87 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ord. 4516-87 (White, C.R. & J.A.) A 87-33 The City Attorney presented Ordinance 4517-87 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4517-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #53 - Ordinance 4521-87 - Zoning Atlas Amendment from Multi-Family Residential (RM-16) to Limited Office (OL) for property located at the SE corner of the intersection of Kings Highway and Sunset Point Road; Lots B & C, Brentwood Estates (Highpoint Investment Inc.) Z 87-18 The City Attorney presented Ordinance 4521-87 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4521-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #54 - Ordinance 4522-87 - Vacation of a 10' utility easement lying in the rear of Lot 29, Del Oro Groves 1st Addition (Gibson) V 87-12 The City Attorney presented Ordinance 4522-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4522-87 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #55 - Ordinance 4523-87 - Amending Sections 71.07, 71.11, 71.13 & 71.14, Code of Ordinances relating to licenses for professions, transfer of licenses, schedule of fees, and requirements for issuance of occupational licenses. Commissioner Regulski moved to amend Ordinance 4523-87 by deleting civil before the word engineers in Section 71.07. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4523-87, as amended, for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4523-87, as amended, on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. XIV - Resolutions Item #56 - Resolution 87-45 - Requesting the Pinellas County Board of County Commissioners to cancel and discharge certain tax liens upon municipal property acquired for public purposes, and to grant tax exemptions. Commissioner Winner moved to pass and adopt Resolution 37-45 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 #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 adopt Resolution 87-45 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 #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 adopt Resolution 87-47 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. XV - Other City Attorney Items Item #59 - Plymouth Plaza Ltd., et al. v. State of Florida, Department of Transportation, et al. (Case No. 85-14172-16) - Plaintiff's proposed stipulated final judgement. The City Attorney stated this case involves title to an easement. He stated he is recommending the Commission not accept the stipulated judgement. Commissioner Regulski moved to support the City Attorney's recommendation 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. The City Attorney requested Commission approval to hire Alan Zimmet as outside counsel for the State Administrative Complaint against the City regarding the gas explosion. 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. The City Attorney stated the Second District Court of Appeals affirmed the lower court's decision against the City in the Metco case. He requested Commission approval to ask the Second District Court of Appeals to reconsider the case or, if refused, to go to the Supreme Court of Florida. Commissioner Regulski moved to authorize the City Attorney to pursue additional recourse in the Metco Development Corp. litigation. Motion was duly seconded and carried unanimously. XVI - Other Commission Action Commissioner Berfield requested figures be provided to him on the increase in water and sewer service rates. Commissioner Winner complimented the Parks and Recreation Department for the planting of trees at Memorial Civic Center. He stated the deleted parking spaces is only a temporary condition; they will be replaced. Commissioner Nunamaker presented a proposal for consolidated garage facilities adjacent to the Clearwater Airpark, emphasizing the desirability of the location and the savings in cost over constructing a new facility. Discussion ensued regarding the proposed contract which has a 40 day escape clause and is in essence an option to purchase. Commissioner Nunamaker moved to approve the contract for purchase for $2,150,000 with a $1,000 deposit to be increased to $50,000 upon the City's decision to go forward with the contract, the deposit funds to come from the garage fund, and the Interim City Manager be authorized to execute the contract with the City Attorney's approval. Motion was duly seconded and upon the vote being taken: Commissioners Winner, Nunamaker, Berfield and Mayor Garvey voted "aye". Commissioner Regulski voted "nay". Motion carried. XVII - Adjournment The meeting adjourned at 9:22 p.m.