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09/17/1987 ,<' . -" ,.', -- ....~ .--,"..-~"f~_...-......-_ _ .. CITY COMMISSION HKBTING September 17, 1987 c The City Commission of the City of Clearwater met City Hall, Thursday, September 17, 1987, at 6:10 p.m., present: in regular session at the 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: Anthony L. Shoemaker M. A. Galbraith, Jr. William C. Baker Paula Harvey Cynthia E. Goudeau City Manager City Attorney Public Works Director Planning Director City Clerk The Mayor called the meeting to invocation was offered by Dr. W. Ray Finklea, order and led the Pledge of Allegiance. The Skycrest United Methodist Church. In order to provide continuity ror research, the items wil1 be listed in agenda order although not necessari1y discussed in that order. . III - Service Pin Awards - None. IV - Introductions and Awards Betty Royer contributions to of Religious Community the City of Clearwater. Services reviewed RCS's service Proclamations American History Month - September, 1987. Emergenoy Hedica1 Services Week - September 20-26, 1987. Fire Preyention Week - October 4-10, 1987. V Minutes of the Meetings of September Regular and 8, Meeting 1987. of September 3, 1987 and the Special Mayor September 1st Garvey requested approval and 8th be deferred to of the minutes of the Special Meetings the Special Meeting on September 22, 1987. of . (Book 40) 148. 9/17/87 r ,I .' p r-' ~ , , ,,:' ','i~~!f.~~{~4>::re:!f\!<!".;~~-It:tt,~~~~~,.."l\'''''--... __ .__.",...tl"'-fd"~~!::--:\.4':r-~...... ~.......~_..-.....-,..._.~r..,."....~~",..!.<..,..:~".'>:;t.'~;1.;r.rt";:"I.t.""4~U ....'-*'l"fot;..f..,...t..._~~~.I!:.y.~t__ , , , .~,__~,_'.!"!,~i>f.lf"tf.~\ __..__~~.~,~ll_","'.<l;;'f.A"J''''~L'-'S:oj;>i~~ ,.....,;W. I . .~ I Commissioner Regulski moved to approve the minutes of the regular meeting of September 3, 1987, as recorded and submitted in written summation by the Clerk to each Commissioner. Motion was duly seconded and carried unanimously. 'e Q VI - Presentations - None. VII - Citizens to be heard re items not on the Agenda Don Aldrich requested the Code regarding the l"egulation of massage parlors be rewritten and updated as the clinics are now legitimate and regulated by the State. . ( l '~~ Lewis Cattoni, of Capri Mobile Home Park, requested the City investigate the mobile home park's elimination of its recreation area. VIII - Acceptance of Resignation of City Manager ~1ayor Garvey stated she does not feel the City will be well served by accepting the City Manager's resignation, but feels they have no choice. Discussion ensued regarding the terms provided in the City Manager's contract regarding severance pay. Commissioner Regulski stated he wanted the air cleared as to whether the City Commission had asked the City Mangager to resign. The City Manager stated no one had asked for his resignation. He is requesting the severance pay and other items; he is not implying he is entitled to these things because of being asked to resign. o Commissioner Berfield moved to accept the City Manager's resignation effective October 5, 1987 subject to the fOlloWing conditions: 1) The City Manager receive six months severance pay to include items such as social security and pension payments in addition to his base pay and 2) The City Manager and his family be allowed to remain in the major medical insurance program as allowed for the employees. Motion was duly seconded. Upon the vote being taken: Commissioners Nunamaker, Winner, Regulski and Berfield voted "aye". Mayor Garvey voted "nay". Motion carried. Mike Laursen, Personnel Director, stated he had spoken to the firm contacted for the search for Deputy City Manager; they have agreed to a sixty day deadline rather than ninety. He requested Commission direction as to whether to proceed with Deputy City Manager or switch the search to City Manager. Discussion ensued regarding the various ways to approach City Manager replacement. It was the consensus of the Commission to consider the various options available and to discuss this at a special meeting. (Special Meeting set for September 22nd after the Labor Negotiation meeting beginning at 5:00 p.m.) Commission consensus was to put the reorganization plan and the hiring of a Deputy City Manager on hold at this time. " (Book 40) 'P19. 9/17/87 . ,t,.' ,..to.: .""":':' ;', ~~".'-'- "-' ~. ..... ..........--..... ",' ,,' r- , I r'" .. r-' I ',.' ',' ," ,,' '." , 'Jm~~~~~~~~!l':.'I\~'i!!'J'\:~_____., . ~~._..-...""",,~_______..__..__.~"""'i"1~""'IIj~lf!~""<ri"""'''''''''_.'_'_.~_''~'''._~~.t....__ c ' "",.~....if.';;" 'c "-,-,__,__"""'l'm~,r,,L''.j.,li',:, IX - Public Hearings Q Item fl9 Continued trom 9/3/87, Public Hearing and First Reading, Ordinance 4420-87, Relating to Alcoholic Beverages Creating Sections 72.11 through 12.18 to provide uniform operational regulations for all establishments in the City dealing directly or indirectly with the sale or consumption of alcoholic beverages; Amending Section 136.024 relating to zoning and separation requirements for alcoholic beverage sales; and Repealing Sections 72.01 through 12.10 and 136.025 (c) (1) and (2) (LDCA 87-9) (PUD). Commissioner Regulski moved to continue Ordinance 4420-87 to the meeting of October 1 1987. MOtion was duly seconded and carried unanimously. Item 1110 Second Reading, Ordinance 4470-87 - Amending Section 136.025, Code of Ordinances, relating to the Land Development Code to amend the supplementary standards for conditional use approval for Alcoholic Beverage Sales (both consumption on premises and package sales) with respect to the minimum distance requirements; Establishing procedures and standards for variances. Ed Armstrong, attorney representing Pick Kwik convenience stores, stated if the 500 foot rule is adopted, all the Pick Kwik stores would become nonconforming. This would create a problem for his clients in that they would not be able to enlarge or rebuild should something happen to one of the stores. Mr. Armstrong feels the problems are caused by consumption on premises designations, not the package sales category convenience stores fall under. John Pierman, Mr. Armstrong and industry. representing the Retail stated the restriction Grocers would be Association, detrimental concurred '>lith to the grocery o The Planning Director stated the Planning and Zoning recommendations regarding changes to the proposed ordinance order of review be addressed. Board made certain and recommended the The City Attorney pointed out page 2 of Ordinance 4470-87, parentheses 1, 2 and 3 should be changed to parentheses a, band c. Commissioner Berfield moved to amend Ordinance 4470-87 on page paragraph (5), by Changing parentheses 1, 2 and 3 to parentheses a, Motion was duly seconded and carried unanimously. 2 after band c. The City Attorney presented Ordinance 4410-87, as amended, for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4470-87, as amended, on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski and Nunamaker. "Nays": Garvey and Winner. Motion carried. ~ '0 (Book 40) 150. 9/17/87 ,.j"~ . r I.. C ,I r-- ~'...,,; . ~ -1 , ,} j' " '*[f~~~~~~'t\~':~tm',;<t?i';;'.!'f.''':Wt'''!;''~'tJ'''''''_._''__''' ____.''"'''ff'...,,'M..'''~"''_,__._..'..M~.... .'~","'..'_"""'t,.,.~:i',.,.."<I'..cc "-"""''''''~ ,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,;;,,,,,,;,~,~_~,_,,,,,,.,~''''''''''''''1' 'l':V'~)W;~':i':'t7t.ziJ:t'~!1:'~~.::'~ . ": ~ ~ ~c 1 Item f/11 - Y..?cation Request 87-11, Mr. & I1rs. Hart - of the S'ly 2.33 ft. of the N'ly 10 ft. Drainage & Utility easement lying within Lot 515, Morningside Estates Sub., Unit 68 (PW). , ' The property owner's pool encroaches into the City easement because the pool was not built according to plan. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. ,.J., Commissioner Berfield City Attorney to include carried unanimously. moved in an to approve ordinance. the request Motion was and duly to direct seconded the and " Item #12 - Vacation Request 87-10, City - of the unimproved portion of Hart St. ROW between the abandoned Seaboard RR and the main line; lying N of Blks. 9 & 10 of Jones Sub. of Nicholson's Addition to Clearwater Blks. 7, 8, 9, & 10, less and except that portion lying within 270.62 ft. of the E line of Sec. 9-29-15 (PW) . .', ',! '.~ The subject portion of Hart Street is divided by land deeded to the railroad, for a connection between the old ACL and SAL Railroads. The existing Hart Street right-of-way lies within the Gas and Water Department complex and the proposed Jones Street storage yard. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections providing it is retained as a utility easement for General Telephone. o Commissioner Berfield moved to approve the vacation request being retained full width as a drainage and utility easement and City Attorney to include in an ordinance. Motion was duly carried unanimously. subject to to direct seconded it the and Item /113 - Major Amendment to the RPD Master Plan for (Phase 5 of) BI'yn Hawr Condominium located on the NE corner of SR 580 and Countryside Blvd.; Bryn Mawr at Countryside, Phase 1, Phase 2; Bryn t1a\olr at ~ountryside II, Phase 1, Phase 2; and M&B 24.01, Sec. 29-28-16 (Federal Deposit Insurance Corp.) PSP 80-9 (POD). The master RPD site plan was originally approved in 1980. The site plan has been revalidated several times, the latest being on May 21~ 1987. The applicant is now'requesting approval of a modified plan for Phase 5. The number of units is being reduced from 60 to 30 with a density reduction for the entire site from 11.08 to 9.15 units per acre. There is an increase of building coverage and open space while paving is being decreased. Instead of three stories, the new structures will be one story in height. Mayor Garvey questioned why the requirement for procurement of certificates of occupancy has changed to three years from the date of certification. The Planning Director responded the change allows staff to more effectively monitor the site plan; and since it was previously two years from the buildine; permit date, it only gives the developer six months longer to complete. o (Book 40) 151. 9/17/87 r .. , r--' ~..,c ,:~::.'~:'~;~[,:;:'" ';' . . :i) ; ,~;. I:' :" ',1.::- l~: , I .l~ ., ' (.!".~. '. . ". ' . ~ ',.1 .' ';,' :. ' ,':,. ""l...... ..... .\'/{<,', '" ., " : " " ""l .'i\" . ", . f'" .', ,j-; :' ~~~~~~~~t.\~;'It~.~t.iJt~.w~~~-o/:!,1~:?~.~~_.__ . ,,_"'__"h"'."t"j.f...'flI;t~","'''''''''''''''''~'''_'''''''''._''''''''_'''''''''''T~.._, . ....,._"f"'o_..._.,~.. .-h.. _, ' , _..,..., ,_,_,~__,__""",,,.,,,,,,,,,'~3}~~r;~;:;!~~::::1t~;rl~f~ii~/' '. . , c , ~ ~-;\O.~.~':'.f'":"~~'~'~~:~2~<~~~'~>;~~:'~;~I{-~ ~ '~,::~";;': ""_I~'::.:I::,. .;.~~;~;;.f;.';;;';;~~~:~ ,.. .,;;; t~'"' '~';"'1 >"~'~~__~'~~'-'"'t'~~. , '" ~~""'~~:-"~'1W~~~~~*",,,,_~~~'1~' . ..>4>~.,.., -i'.",.,Ij~ ~ 'c$~f~~~~t,'C~~t.b~~i~ii.;Q;L~~4~5~.,y:;;,.i~~;"~k;,J,,)~#.\#~'i~4*'~'~2;~~,';4~".~t~J~{::~:~~,;;i~;;~j;;~r:~~"-" . o Commissioner \-linner moved to approve the major amendment to the master site plan for Bryn Mawr Condominium Development subject to the following conditions: 1) The Land Use Plan classification shall be properly noted as Medium Density Residential; 2) Calculations shall be provided to Public Works to assure that retention for Phase 5 is adequate; 3) The revised site data calculations (submitted as an attachment to the plan on August 25, 1937) shall be provided on the site plan; lj) The requisite initial building permit for Phase 5 shall be procured within six (6) monhts from the date of certification of the revised master site plan and all certificates of occupancy shall be procured within three (3) years from the date of certification of the final revised master site plan and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. , ~~ " 7 ~- c-> " Item #14 Petition for Annexation and RS-8 Zoning for a .20 acre parcel located on the N side of Downing St. appx. 450' E of McMullen-Booth Rd.; Lot 6, Downing Sub., Sec. 16-29-16 (Keegan) A 87-29 (POD). ~.~ .; A single family residence exists on the property. The recreation facility has been paid. City water and sewer service are available to the lot. ;} " ., ;, Commissioner Berfield 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 U15 Petition for Annexation and RS-8 Zonin of a .2 acre parcel ooated on the S side of Parkwood st. appx. 200' E of Betty Lane; Lot 7, Blk. B, Pine Ridge Sub., Sec. 10-29-15 (Henry) A 87-30 (POD). o This parcel was the subject of an agreement to annex signed on July 27, 1983. There is an existing residence on the property. The property was a part of a joint City-County CDBG program and no fees would be due at this time. City water and sewer service are available to the lot. The parcel is now contiguous to the existing city limits and is eligible for annexation. As provided for in the agreement, the present property owner was given the required 60 day notice. Commissioner Nunamaker 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 1/16 - Land Use Plan Amendment from Resident.ial/Office to Industrial and a Zoning Amendment from OL (Limited Office) to IL (Limited Industrial) for a .15 acre parcel located on the N side of Tuskawilla St. appx. 200' W of Myrtle Ave.; Lot 11, Blk. 16, Milton Park Sub., Sec. 21-29-15 (Lollis/Supulski) LUP 87-20, A 87-14 (POD). This request is being made in order to permit an expansion of the roofing business on the adjacent property to the west. e (Book 40) 152. 9/17/87 l'" i~.l.;.Il' ;.. , , . ..... ~. ", ,', :- .-:......,-. "T ..',: ",' . P. 0' . >, .. '/ . " r 'r .. .r I . ",. j' , i '., .'if~~\1t\~~~~lf'tj~tt't~j!i.i1.'llj-'rrf"!l"'f~"'___, . ,~^ i;!t'iiAi: c .,' !"r;<":"'IJ!r{'F(~:;H;;>i,C","):,: .. ._..____~,~."..,I...~.................,I>...___.__.......,.......",.,...._ ~........__#"...~.'...._.,~--_..... -r... ......I'Il....-....~..t-t'1~<<-~.........M~_~.'tl'-t~tI,J'W",.n(1)~H..A~ " .,l'.. ..--..... ....,?t..;.~ .....u....... I The Planning Director stated the applicant business. The Planning staff does not feel limited office zoning along Myrtle Ave. is proposing to expand an existing the use is appropriate with the o Jill Lollis, owner of the property, stated they intend to make this into an office use which they could do with the present zoning; however, they need additional storage area for vehicles and materials and they wish to use the back yard for storage. She emphasized it would be fenced. " ; , Discussion ensued regarding the appropriateness of the case with the existing zoning. " . '" Commissioner Regulski moved to deny the request. Motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". Motion carried. "!f Item #17 Land Use Plan Amendment from Commercial/Tourist Facilities to Residential/ Office for Parcel If1 (1.65 acres) & a Zoning Amendment from OG (General Office) & CH (Hi hwa Commercial) to OL (Limited Office) for Parcels # 1 & 2 .12 acres total of 7.71 acres) located between Old Coachman Rd. & the Florida Power ROWand the service road for US 19 and appx. 700' N of Gulf-to-Bay Blvd.; being a portion of M&B 1~.04, Sec. 18-29-16 (Hunsi/AI-Jeraisy/Bamogaddam) LUP 87-21, Z 87-15 (POD). The property is currently vacant and is proposed to be developed in conjunction with an additional parcel (presently zoned RM-16) to the north as a three-story garden apartment complex. . Bob Kraus, representing Post properties, stated this property will be aligned with the property to the north and developed with luxury apartments. The developer intends to retain ownership and management of the apartments after completion. The Planning Director stated the applicant has requested that the zoning change for the easterly projection of Parcel #1 be deleted. Commissioner Regulski moved to approve the Land Use Plan amendment on Parcel 1 and the Zoning amendment on Parcels 1 & 2, as amended deleting the easterly projection of Parcel 1, and to direct the City Attorney to include this in an ordinance. MOtion was duly seconded and carried unanimously. Item #18 - Public Hearing and First Reading, Ordinance 4487-87 - Land Development Code Amendment to Section 135.157, Use Limitations to require screening of outdoor electrical facilities and outdoor storage for Public Works Facilities within the Public/Semi-Public Zoning district (LDCA 87-10) (POD). Presently, the need for screening of outdoor storage for public works facilities and outdoor electrical facilities is deter-mined by the Development Review Committee through the course of site plan review. This amendment proposes mandatol'y screening of such facilities located within the Public/Semi-Public zoning district. e (Book 40) 153. 9/17/87 c, ' " ' ';ic: r- .' r- , I . ,-l';c . ~~~1tti..~~~~~~; ~t.M'I~,~,_~-=~#~'r&I.~..;'t:'r-'r~:ttr_"'.....__. . m,__~,_"",'t'l<<ttWf';l'\.,"A1Vlo"'iI'I"<<""'('" __"'.......~_. '.' ,. . ^ I"~~~.. ..':,J;l;l~~r~~J~~., __...__.........._-'11<;",-="....",'. ',,','; ,,' ~M"._l.\; ...~kJ..; , .._......1l'-~~~'t"-;:,'f.':.-;,..';....~M..._.'""'.__ " " ,', The Planning and Zoning Board recommended approval of the amendment providing for no revision to subparagraph (f) deleting rererence to Section 136.02~ at this time. , .. ~.,',: ~i'1]' The City Attorney presented Ordinance 4487-87 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4487-67 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #19 Change in the Conditions (required by the City Commission) related to previously approved variances for docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key; Lot 50, Marina del Rey at Sand Key, Sec. 30-29-15 (Wayne Schmidt, Owner of Lot 50, Marina del Rey at Sand Key) (POD). On December 13, 1979, the Board of Adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of maximum width and length for the Marina del Rey townhouse development (73 lots). The applicant appealed the decision to the City Commission. On January 3, 1980, the City Commission reversed the decision by the Board and approved a variance to construct docks 36 feet in length and three feet in width for each lot excluding lots 1-9, with pilings on the lot line side not to extend beyond the floor line of the dock and with zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the City Commission. o The owner of lot 50 now requests approval or a 40 root long dock, 24 feet in width with tie poles. The dock will be four reet longer and 21 feet wider than the length and width approved by City Commission (Current code would permit a dock of 19 feet in length and 13.3 feet in width with a 12.67 root setback for this 38 foot wide lot). Granting this request would set a precedent as the new request is not minimal in accordance with current code regulations and there is no apparent hardship. Commissioner Regulski moved to deny the request to change the conditions related to previously approved variances for docks at the Marina del Rey Townhouse development. MOtion was duly seconded and carried unanimously. Item #20 - Public Hearing and First Reading, Ordinance 4463-87 - Relating to Sign Regulations Amending Section 134.015(b) to provide that a nonconforming sign consisting of a sign painted on a fence of wall or the roof or wall of a building may not be altered, renovated or otherwise changed unless such action brings the sign into conformity with the sign regulations, and to provide that a nonconforming sign may be relocated upon the same property whenever a portion or the property is acquired through the excercise of the power of eminent domain, if the relocation is necessary to reduce the acquisition costs of the property (PUD) . o (Book 40) 154. 9/17/87 . :. ," J~)"...'\:; " 'YJ ',1;. .,', " -,. ";':~-':""~"""""~""'" r I ';' ',' r- .. ,~ \ ~j r- I I '~"~'\r~~""q~", ' . ,. _~,. _" ' ,j:..\.\l..~.'f.,~g..~lit~.%..fti!".,1t";..'r('ec,.!i'.:I~"""'~1ot.._______~~:t.):~,,~f_ ..:r-u...I';~........, " .~'l."l." .r:.J.... ~:...t'::'?...~yll..~':'tl~y"".~,~._...___________....... ... , . . .... ~ ,~)~~'~~~';'." . ___....-M!IlA:t'.':il'f-~~::'O''C~~~j..~",ru"Ul.;~;~~Ih,~, . r,\' , ' . . " ;' " ~ ~ ~ ~~J1 Bill Jonson questioned whether or not the Commission wished concerns he had raised regarding billboards. It was Commission schedule discussion of Mr. Jonson's concerns at the work session on 1987 as they feel they are separate from the Ordinance in question. to discuss consensus to September 28, } One citizen spoke in favor of adopting the proposed ordinance and stated he supports Mr. Jonson's proposal. Commissioner Regulski moved to amend Ordinance 4463-87 on page 2, deleting the last underlined sentence and sUbstituting: "A lawful nonconforming sign which is relocated pursuant to this paragraph (3) shall continue to be subject to the requirements of paragraph (c) unless specifically exempted therefrom. Any such relocation shall not be deemed an extension of the removal date specified in Subsection (c), nor shall any such relocation be deemed grounds for a variance from the requirements of Subsection (C)II. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4463-87, as amended, for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4463-87, as amended, on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. . Item 1121 - Second Reading, Ordinance 4449-87 - Annexation of a parcel on the E side of Hercules Ave. , N of and adjacent to the Seaboard Coast Line RR; M&Bs 43.01, 43.03 & 12.03, Sees. 1 & 12-29-15 (City A 87-21). The City Attorney presented Ordinance 4449-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4449-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: IIAyes": Berfield, Regulski, Winner, Nunamaker and Garvey. IINays": None. Item 1122 - Second Reading, Ordinance 4450-87 Zoning Atlas Amendment as Limited Industrial District (IL) for property annexed in Ordinance 4449-87 (City A 87-21). The City Attorney it by title only. 4450-87 on second and the vote was: presented Ordinance 4450-87 for second Commissioner Winner moved to pass and final reading. Motion was duly seconded. reading adopt Upon and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. ~ '-"" (Book 40) 155. 9/17/87 ., ~" ,p- . . , . .", . ' , 'I, .. ,f'~ ,',". r:- :, I' .'.. ". . ~. '. ~ . ~ ~ ' I ' , ' 'c ' ~"'c C "' .,"",.........W"It1" ' .,' c ' , " ~ J:.~ ~~2JhW 1..,' ~""T""~"'~'~"" ,.....J ,..r:"';"....'...''*..,.,.~-'''''~-- ~4 _.... _.......~.-"-........___.__li~.....M.~~"*'"'~~..~M). ~ < _~r~t';~'~:,.>.. i'~, \,.1.'.:.....t....'\:l:.~_~...V.'t.'!'~,,,......~~...;.t.....~"..,n ,o(,;....".~~.. (0. "'~~_"::~.........-~,....._.. .: Item :/123 Second Reading, of but not adjoining South (George Sempecos). Ordinance 4451-87 Lake Shore Lane; Annexation of property M&B 33.04, Sec. 17-28-16 loca ted W (A 87-22) o The it by 4451-87 on the vote was: City Attorney title only. second and presented Ordinance Commissioner final reading. 4451-87 for Winner moved to Motion was duly second pass and seconded. reading adopt Upon and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item //24 Second Readin Family Residential "Four" District (A 87-22) (George Sempecos). Ordinance 4452-87 Zonin Atlas RS-4) on property annexed Amendment as Single in Ordinance 4451-87 The City Attorney it by title only. 4452-87 on second and the vote was: presented Ordinance 4452-87 for Commissioner Nunamaker moved to final reading. Motion was duly second reading pass and adopt seconded. Upon and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Second Reading, the W side of West Dr. approx. Suban's Sub., Sec. 2-29-15 175' (A 81-19) loca ted on & the S 2' of Lot 8, Item :/125 o Ci ty Attorney title only. 4453-87 on second and the vote was: it The by presented Ordinance Commissioner final reading. 4453-87 for Winner moved to Motion was duly second pass and seconded. reading adopt Upon and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item //26 Second Family Residential (A 87-19) (Miriam J. Reading, "Eight" Ignos). Ordinance District 4454-87 Zoning for property Atlas annexed Amendment in Ordinance as Single 4453-87 The City Attorney it by title only. 4454-87 on second and the vote was: presented Ordinance Commissioner final reading. 4454-87 for Winner moved to Motion was duly second pass and seconded. reading adopt Upon and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays" : None. e (Book 40) 156. 9/17/87 r- ---", :.: "': ,; I" . * r-~ ~ cC' .. " '.re.f;~~~~.f..~;;~:or~J:\,::.....t.!<I~.~_ W..'_.;.!tn,f..-..>4..)1:~<:t1~-:;,~~_......__..~~.....s~,",*J-"(~'''::''''''J~~rIt>l..I-'-Z:01U..~~""'<".N.~_~_..__~tn:if;U~:J~~';~~~i}r:J.~" ,~ '~ Item #27 - Second Reading, Ordinance 4457-87 - Annexation or property located on the S side of Nursery Rd., approximately 275' E of Belcher Rd.; M&B 33.03, Sec. 19-29-16 (A 87-20 Magacos, C. & Tagaras, G.). o The City Attorney presented Ordinance 4457-87 for second it by title only. Commissioner Winner moved to pass and 4457 -87 on second and final reading. Motion was duly seconded. the vote was: reading and read adopt Ordinance Upon roll call 1 "Ayes": Berrield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #28 - Second Reading, Ordinance 4458-87 - Commercial District (CG) on property annexed (Magacos, C. & Tagaras, G.) Zoning Atlas Amendment as General in Ordinance 4457-87 (A 87-20) The City Attorney presented Ordinance 4458-87 for second it by title only. Commissioner Winner moved to pass and 4458-87 on second and final reading. Motion was duly seconded. the vote was: reading and read adopt Ordinance Upon roll call "Ayes": Berrield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Q Item #29 - Second Reading, Ordinance 4464-87 - Amending Operating Budget for FY '86/87 to reflect increases and decreases in revenues and expenditures for the General, Utility, Bridge, Marina, Pier 60, Central Services, Garage, Special Development and Special Program funds. Commissioner Regulski moved to amend Ordinance 4464-87 to reflect $120,820 of additional General Fund Revenues and Expenditures for the funds received from Pinellas County for EMS system capital equipment; and to reflect a decrease of $17,500 in Gas system expenditures for the purchase of appliances. Motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4464-87, as amended, for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4464-87, as amended, on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berrield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #30 Second Reading, Ordinance 4465-87 Amending Capital Improvement Program Report and Budget for FY '86/87 to reflect an increase in budget expenditures of' $4,681, 371 to expand the scope of projects in the functional categories of transportaion leisure, public buildings, and utilities; and to reflect a decrease of budget expenditures of $1,292,469 to reduce the scope of projects in the functional categories of public safety, transportation, leisure and utilities; for a net increase of $3,388,902. (I (Book 40) 157. 9/17/87 ~ ,":t. ~._. ' ~ " ' r ,. r- ~ ,', jP.#'..~",...._.' . '",~c'~~_'''';i!)ll~lJ'.''' (j;;:...\14~:.\~!l~~n~~~~..ar.f"""'I'!.~__.________.._________.____n._'''.,'t.L~l'I'..!I'U....*:r.t.~""'~"","",,-"~>l"cJ.~'2't_ir:it-....u.rf.tIM~"""~..-.J..~.,.~i.7.!l;ltr\l!"!.t.-..'::::. \q;,.ll~'.qI.o!l'il.:c~:.J""':I:lQ,~ ~l " , . o The City Attorney presented Ordinance 4465-87 for second reading it by title only. Commissioner Regulski moved to pass and adopt 4465-87 on second and final reading. Motion was duly seconded. Upon the vote was: and read Ordinance roll call \. "Ayes" : Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays" : None. Item 1131 lying on A, Gunns - Second Reading, the N side of Lots Addition Sub. (SDS Ordinance 4469-87 - Vacation of a 3' utility easement 3 & 5 and lying on the S side of Lots 8, 9 & 10, Block Investments) V 87-08. The Public Works Director stated the applicant requesting the vacation of the three foot utility easement was to arrange for a replacement easement for the City. This has not been done and he requested this Ordinance be continued. Commissioner to the meeting unanimously. Berfield moved to continue second reading of Ordinance 4469-87 of October 1, 1987. Motion was duly seconded and carried Item 1132 - Second Reading, Ordinance 4471-87 - Relating to the Provision of ~ity Water for Fire Protection Systems on Private Property, Amending Sections 50.05 and 52.14 to establish certain requirements and to impose a monthly standby charge for fire protection systems; reducing the surcharge for service outside the City limits. o The City Attorney presented Ordinance 4471-87 for second reading it by title only. Commissioner Regulski moved to pass and adopt 4471-87 on second and final reading. Motion was duly seconded. Upon the vote was: and read Ordinance roll call "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item 1133 - Second Reading Ordinances, 1987/88 Budget: a) Ord. 41166-87, operation purposes improvements and a Declaring the Millage Rate including pensions and debt reserve for self-insurance. to be service, levied for FY , 87/88 for road and drainage capital Two citizens expressed concerns regarding tax increases; requested be more communication between City Government and taxpayers; and Clearwater churches begin to bear their share of taxation. that there requested The City Manager emphasized the budget process is a sophisticated process. He gave credit to the budget staff for what he feels is the best prepared budget to date. Discussion ensued regarding the increase based on the rollback rate. It was emphasized the actual increase in taxes only amounts to 4.5% rather than the 16.9% increase as expressed in the Ordinance. o (Book 40) 158. 9/17/87 "" " I,' .. r I':. ...,.. '~'w._ '". ,i;;<~i'JJiI.'.l'@'i;'E,it:i'it,,~~t\'1~Jl_..,~, , "'1<"' .....;~,,\..i;rf.l!!Iii:" c .. ....._____.....~__...___Aurn"'y ':,~~lUt"h.~'~~~~"....}~~ly,fl\...Y'i';'\!yt,W_:...M;\.l.I,.~~j$~r~~~.m~~~u~~"i~f::l1i:,w.~~&-\~~~J!e~.i:. '". o The City Attorney presented Ordinance 4466-87 for second reading and read it in full. Commissioner Winner moved to pass and adopt Ordinance 4466-87 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays" : None. b) Ordinance 4461-81, Adopting an Operating Budget for FY '87/88 Authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; Authorizing the City Manager to transfer moneys and programs among the departments and activities within any funds as provided by Chapter 41 of the Code of Ordinances. The City Attorney presented Ordinance 4467-87 for second reading it by title only. Commissioner Regulski moved to pass and adopt 4467-87 on second and final reading. Motion was duly seconded. Upon the vote was: and read Ordinance roll call "Ayes" : Regulski, Winner, Nunamaker and Garvey. "Nays" : Berfield. Motion carried. o c) Ordinance 4468-81, Adopting the Capital Improvement Program Budget; Approving the six-year Capital Imp~ovement Program which shall be re-evaluated at the beginning of each fiscal year; Authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; To transfer money between projects in the Capital Imp~ovement Program; Appropriating available and anticipated resources for the projects identified. The City Attorney presented Ordinance 4468-87 for second reading it by title only. Commissioner Regulski moved to pass and adopt 4468-87 on second and final reading. Motion was duly seconded. Upon the vote was: and read Ordinance roll call "Ayes" : Berfield, Regulski, Winner, Nunamaker and Garvey. "Nay s": None. CITY MANAGER REPORTS x - Consent Agenda - Approved as submitted. Advisory Board - Notifications - Received. Item 1134 Continued from 9/3/87 Library Board (1 member) (CLK). Item 1135 Beautification Committee (2 members) (CLK). Item #36 - Clearwater Health Facilities Authority (2 members) (CLK). e (Book 40) 159. 9/17/87 :;' , " p-" , c , , ,I j, r I . . , , r; ... I " ".' ,~;1"~':!t~1}~~~!.<.\;~~},.~1'~~__A_'___'_ ...~.____._'<t'\__..'Y...,..'+............'fof.........____,", __..."".r.\.~.~'~~~.:r~t.,~1.t."""'ll';.\.';W:'".t,}..,;,,,,."je,,.,.'t::.>:!~"r..'4:r."~~'...~n.1~~_..~~~;tIloIO"'\""~.'..;;fl.l.11.'4\k.':ia~4t...~~~ ...., ~ ] .~ ~ JO t "' ,i ] ;) ;1: '. , ;:. o o Item #37 - Clearwater Housing Authority (1 member) (CLK). Item fl38 Airpark Authority (1 member) (CLK). Agreements - Approved. Item # 39 Fire Protection Services Contract, 1987/89 County Fire Protection Authority and City of Clearwater (FD). between Pinellas Bids & Contraots - Approved. Item # 40 - Computer Maintenance , Tandy Equipment City-Wide - Award contract to Radio Shack Division, Tandy Corp, Ft. Worth, TX for FY '87/88 at an estimated cost of $9,855.80 (CS). Item #41 - Stand-by Auxiliary Power Plants - Award contract to Tampa Armature Works, Inc., for installation of two 30 kw plants at the concrete equipment buildings located at the 800 mHz radio tower sites at a cost of $36,553.00 (CS) . Item #42 Firefighter Protective Suits Award contract to purchase from Municipal Equipment Co., Orlando, for a total price of $10,638.87, to replace 19% of the existing suits based on need after all equipment has been inspected (FD) . Item fl43 - Security Guard Services , City Marina - Extend contract with Janus Services, Tampa, for FY '87/88 at 1985 prices for an estimated cost of $14,581.75; guard on duty 7 days/week, 8-112 hours/day (HR). Item #44 - Expansion of Marine Department Computer System - Award contract to purchase two workstations with disk and memory expansion from Unisys Corporation, Tampa, at an estimated cost of $8,898.00 (HR). Item #45 Parks & Recreation Annual T-Shirt Requirement Award contract to purchase from Exclusive Design, Clwtr., for FY '87/88 at an estimated cost of $9,500.00 for approximately 3,000 t-shirts (PH). Item 1/46 - Jones Street Yard Storage Facility for Gas & Water Division - Award contract (87-22) to Bradley Construction Co., Clwtr., at a cost of $118,849.37; for paving of access roads and storage areas to better organize storage and improve drainage (PV). Item 1147 - Sidewalk, Lakeview ROW from Hercules East to Bridge - Award contract to Suncoast Excavating, Inc., Clwtr., to install approx. 1,230 linear feet of six foot wide sidewalk at an estimated cost or $15,498.00 (PV). Item f/48 - Trucking Services - Award contract to Norred Trucking, Inc., Tampa, for FY '87/88 at an estimated cost of $47,500.00; providing for concrete sand delivery and aggregate delivery at $4.60/ton; and washed shell, purchase and delivery at $8.00/ton which are same prices as FY '86/87 (Pi). Item 1/49 Cisilski, (01") . - Lot Mowing & Debris Removal Contract- Award contract to Stan St. Petersburg, ror FY '87/88 at an estimated cost of $25,000.00 (Book 40) 160. 9/17/87 '.-.' "~" .... .~ '.:1 . f~ ,r." , . ~l , . .' ~ . .. ;..r ;; r- ~ r'.,' c, . . '. I, " ~';q~l:t'~[~'~~~".{'~1?,.rr~~.}'::",'":~~~i.~.......,__. '. _.'_ _ , / ,.- t 'r ~""'';t.).1':''Ji:'f'?",:,,"";,;'(:;n;:oJ,.:~~p;:j' . . ___.....~....__ ~,......u. _''.If'\fi~,,j,,.q~';1'~,oI'#:~'"Y,ft~.''tl.~,.I-l.'..'. ~~~".t:~lf'!ll't't~~,n-l~!}'':'rt';:..:.~.1!:-1~''~'>:, S;. "'. :1.t,~J,,,,~~,,~'~(,;;,,-,"''''''li~d'J,. . ,',", 1 J " Item f/:50 - Curb Stops - Award contract for purchase to Hughes Supply, Clwtr., at an estimated cost of $9,545.20 for 1200 Mueller curb stops of various sizes required for the City's ongoing water main project, Phase VI (UT). o Change Orders - Approved. Item -23 a new 115 1 Chan e $+23,887.00 contract total Order #1 Clearwater to cover the Florida of $956,072.00 (LIB). Countr side Branch State Construction Librar Service Contract Tax, for :~ t ] Item f/:52 - Chan e Order #1 Jones Street Yard Storage Facilit for Gas & Water Division 87/22 - $34,991.32 for a new contract total of $83,853.05; removing from the proposed scope of work a portion of the concrete material storage slabs and an automatic gate system until a future date (PW). Citizen & starr Requests - Approved. Item 1/53 Shuf fleboard Club Roof $5,000.00 Recreation Facility Impact Development Fund; the loan to be paid years (PR). Canopy Authorizing expenditure of fee & a loan of $12,500 from Special back by the Club at $2,500/year for five Item #54 1987/88 Town Meeting dates & locations 1) 10/26/87; 2) Martin Luther King Center, 11/23/87; 3) Center, 3/28/88; q) Countryside High School, 4/25/88 (CM). Memorial Civic Center, Morningside Recreation o I tern 055 - Day Care Funding Donor Contract - local matching funds for day care services housing at a cost of $15,740.00 (PUD). with Latchkey Services to provide to children residing in assisted Item 056 - Coastal ~one Management Study - Accept final report of the Coastal Advisory Task Force and the consultant, Healey Consultant Group, Inc. which will complete the services required under the contract and satisfy this portion of the work program contract described in the State Comprehensive Planning Grant for 1987-87 (POD). Plans & Plats - Approved. Item //57 Revalida tion of Final Site Plan for Park Place , Phase I , Tract II A located on the N side of SR 60 and on the W side of I1ampton Rd. i being a portion of M&B 23.01, 17-29-16. (Metro Development Corp.) PSP 83-41 (PUD) subject to the follOWing conditions: 1) Compliance with the Development Order as amended and the Annexation Agreement as amended applicable to this propertYi 2) Construction plans for street lighting, type and location be acceptable to the Traffic Engineer; 3) Construction plans for storm retention, discharge and erosion control be acceptable to the Public Works Dept.; 4) Sidewalks and bicycle lanes be provided in a location and of a design acceptable to the Department of Planning and Urban Development and be shown on the site plan if proposed in this portion of the development; and 5) The requisite initial building permit shall be procured prior to December 25, 1987 and all requisite certificates of occupancy shall be procured within two (2) years from the date of issuance of the initial bUilding permit. o (Book 40) 161. 9/17/87 , , ' , " 'F' '~ . : .' , c ~' I:" . r-- I " > ~S~~~~~:1:~~,~ti~:::~Y.4;~~,t~rl1~s.~~~~~~d.-"Gr.~"'~__""_'__.._~_____P?~..u. -r~____ ~_'_... _ ,,"..n~"M'Y_~"'-_"'~<T'~_........__~...~t.~H':''!i'#t#'r..:;.t'''P.;,!JVU'''II:..\rt<'ont-:~q.Ltl\'~:l.sr;j~;~l~~~1:'aJ~'l~~'?\:P.t~:; . , " f' ',I .i. Q,~;" \....... Item //58 - Preliminary Site Plan for Morton Plant Hospital Pinellas St. & Bay Ave. Parking Lot located at the SE corner of Pinellas St.; Blk. A, Westover Sub. and the vacated portions of Watkins Rd. & Sheridan Ave. abutting Blk. A, Sec. 21-29-15 (Morton Plant Hospital) PSP 87-29 (PUD) subject to the fOllowing conditions: 1) A Unity of Title should be filed for the Morton Plant Hospital properties to include this parking lot property; 2) Signs shall be subject to a separate review and permitting process; 3) The site location map shall be revised to correctly identify the location of the subject property; 4) The legal description and site plan shalt be corrected to include vacated portions of Watkins Rd. and Sheridan Ave.; 5) All parking aisles must be a minimum of 24 feet in width; 6) Location and design of driveway entrances must be reviewed and approved by the Traffic Engineer; 7) The proposed improvement to Pinellas St. must be shown on the final plan; 8) Deten:- ion facil ities are to be shown on the final plan and drainage calculations provided to Public \~orks prior to D.R.C. review; 9) The SWFHMD application for storm water permitting must acccompany the final plan; and 10) The existing 48" corrugated metal pipe crossing the site must be replaced or lined with gunite, and a 20 foot easement be given over the pipe. ,': ,1 Receipt & Rererral - Received and referred to proper departments. Item #59 Petition for Annexation and RS/8 Zoning of a located on the S side of John's Parkway appx. 500' W of Lot 8, John's Parkway Sub., Sec. 16-29-16 (White) A 87-33 (POD). .25 acre Bayshore parcel Blvd. ; o Item #60 Petition for Annexation, PISP (Public/Semi-Public) Zoning and a Land Use Plan Amendment from Low Density Residential to Public/Semi-Public for a 4.75 acre parcel located on the W side of McMullen Booth Rd. appx. 200' S of the Briar Creek Blvd.; M&B 23.02 & 23.03, Sec. 21-28-16 (North Bay Community Church) A 87-34 (PUD). Item //61 - Zoning Atlas Amendment from RM/16 to OL (Limited Office) for a .9 acre parcel located on the SE corner at the intersection of Kings Highway and Sunset Point Rd.; Lots B & C, Brentwood Estates, S'N 1/4 Sec. 2-29-15. (Highpoint Investments, Inc.) Z 87-18 (PUD). City Attorney Deeds & Easements - Approved. Item //62 Five Foot Sidewalk Easement of Sec. 16-29-16 (Daniel J Cummings, Jr.). part of the NE 1/4 of the NW 1/4 Item #63 Quitclaim Deed for part of the NE 1/4 of the NW 114 of Sec. 16-29-16 (Daniel J Cummings, Jr.). Item //64 E of the Stowell). 10' E'ly Potable lot line \~ater Main of Lot 8, Easement Bay Heights the S Sub. 1/2 Sec. of Rogers 17-29-16. St. lying (Allan .J. Item 065 10' Potable Water l1ain Easement the N E of the E'ly lot line of Lot 8, Bay Heights Sub. PreSbyterian Church). 1/2 of Sec. Rog~rs St. 17-29-16 lying (Bethel 0) (Book 40) 162. 9/17/87 Ii'" "'-T<I'1 r- r .r.,.:,' .' . r-. ~ , - i' " ,c;~t~:\:r:;r:~\:c~.~'0,~S/:;::":;';:J"~'::l1j)'j<J.\~\:<JI____.__._,_.~_,_',... .__~:...._,,~_.____....___,___,...~'""",'~,.,.,<...."''''''''''',;'''T.,,<C'"U .-""_""""".."""""'........~_._;....:.~~...."...~_,~~~~t;:,~!: ~~ ,i -; ~~ ,.1' Commissioner Winner moved to approve the Consent Agenda as the appropriate officials be authorized to execute same. seconded and carried unanimously. submitted and that Motion was duly o XI - Other Items on City Manager Reports Item 1166 Continued from 9/3/81 , Properties, Inc. located on the N David Ave.; being a portion of M&B PSP 87-28 (POO). Preliminary Site Plan for Northern Leisure side of Gulf-to-Bay Blvd., appx. 200' E of 13.09, Sec. 17-29-16 (Joseph \~. McGoldrick) :' The applicant proposes to develop a restaurant/lounge on the property. An existing one-story apartment structure will remain on the site. The property is being subdivided from a larger tract of land, which will require a subdivision plat review. The lounge structure and parking will be constructed on the southerly CG (General Commercial) zoned portion of the site. Noncommercial parking will be developed on the remainder of the site zoned RM-12. Noncommercial parking in the RM-12 zoning district and the proposed alcoholic beverage use ( lounge) require conditional use approval by the Planning and Zoning Board. Access is proposed at one point off Gulf-to-Bay Blvd. . . ~i , ~1 ;} :~. The Planning Director stated the Traffic Engineer had concerns regarding the access from Gulf-to-Bay and the proposed parking on the site plan. She stated the Planning and Zoning Board approved the alcoholic beverage designation, but the decision has been appealed to the State Hearing Officer. The Traffic Engineer stated the Code does not require enough parking spaces for nightclub parking. Mr. Crawford stated the parking requirement should be increased or the size of the building decreased to meet the provided parking. He has also requested that the State prohibit left-hand turns from Gulf-to-Bay. Don McFarland, attorney representing the applicant, stated the applicant is willing to limit the occupancy of the lounge to 550 people. The parking will be valet parking and they feel the parking will be adequate. Mr. McFarland stated he feels it is premature to limit the building size at this point. Frank Morris, the architect for the development, sta~ed they will close the lot when the parking lot is full. Valet parking will be used 100% of the time. One resident spoke in opposition to the proposed development expressing concerns with noise, congestion and traffic. He requested that should the City Commission approve the preliminary site plan, they require the final site plan to come back to them for final approval. He also requested the no left-turn prohibition be put on Gulf-to-Bay. The Trarfic Engineer also expressed pedestrians crossing Gulf-to-Bay at night. patrons are forced to park elsewhere, there Gulr-to-Bay. concerns regarding the danger of Once the parking lot is full and would be the danger to those crossing Mr. lounge. present McFarland emphasized He stated the Planning in the parking lot. the entire building would not be used for the and Zoning Board is reqUiring a security person be (BOOk 40) 163. 9/17 /87 r-. r- . r-~ ~ , . . l' , , ~~~2:~~,:n~:~';,~!i."l~:~'1t/r!::""'''~'};.'Ji~"r:':!'!;.~,'fr"~t~-......--___~.......-._~_....4."'i..~".'__.__~____..._ _ _.____._A~........t.._,.....n_~~_._1Vlo~~"""~_....IIoU.Mnt'W~'~...~,._~~..:'lW"'~,...(, ::r",<. ~(/ . ;:-r,:"jW,~~~~' I ; ) ~ '! I, " o The Planning Director rootage and it is difficult Commission could request a Commission final approval. stated the site plan shows only to determine the parking at this floor plan and request D.R.C. the gross square point. The City review with City Commissioner Regulski moved to authorize review of a final site plan by the D.R.C. with final action by the City Commission subject to the fOllowing condi- tions: 1) The non-commercial parking on the RM-12 zoned portion of property is subject to conditional use approval by the Planning and Zoning Board prior to review of the final site plan by D.R.C.; 2) The applicant should obtain condi tional use approval for the proposed alcoholic beverage use by the Planning and Zoning Board prior to final site plan approval by the D.R.C.; 3) As the site plan involves property which is being subdivided from a larger tract of land, a prelim inary plat of all properties involved shall be submitted for City Commission receipt and referral prior to review of the preliminary plat and final site plan by the D.R.C.(in accordance with Section 131.010 (f) of the Land Development Code); 4) Signs and fencing shall be subject to separate review processes; 5) Separate site data shall be given for the RM-12 and CG portions of the site; 6) The site data shall include the mixed use formula (Section 135.181) for the density regulated and nondensity regulated uses on the property; 7) The setback required for the 25 ft. high building from Gulf-to-Bay Blvd. must be 26.25 ft.; 8) Dumpster location cannot be approved and must be relocated as required by the Sanitation Division; 9) A tree survey overlayed on the site plan must be provided prior to final review by D.R.C.; 10) Interior parking lot landscaping requirements must be increased to meet minimum code requirements; 11) The public health and safety regarding parking in the area be addressed; and that the appropriate officials be authorized to execute same. Motion was duly seconded and carri.ed unanimously. ~ V The meeting recessed from 8:32 to 8:45 p.m. Item #67 - Reroof Holt Avenue Youth Center (CS). Bids were were no bids. responsive and solicited from 23 vendors. Five Caladesi Construction Co., Largo, responsible bid in accordance with vendors responded of which Fla. submitted the lowest, the specifications. four most The Holt Avenue Youth Center is approximately 30 years old and has developed continuous water leaks in the roof. The Building made repeated repairs to the roof; however, due to the roof, these repairs have not cured the problem. the entire roof be replaced. and Maintenance Division has the deteriorated condition of Therefore, it is recommended Commissioner Regulski moved to award a contract to reroof Holt Avenue Youth Center, 1259 Holt Street to Caladesi Construction Co., Largo at an estimated cost of $18,750.00 and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. " (Book 40) 164. 9/17/87 " '"," :- ] - .,..... ~..,. .. , :./ ,t' J' :r~- I. ...'...: , .. r-:--, ~ <, , '~~,~~!~~~..~rltffl~~~.. ..._....~~.............,..r...tll:J.,.:A...f1-...'Uf,,"'\~.. < _ ._..4_____.__ ~ _..__....---)___.a.--___.J.w.~).'Wt~1"'4L1':UJoo':~~~"1.t:ij*~~I~ii\ict~~~::~y?~.~r!~i'j~~:.' , ;~ , ."'- )' Item 068 - Resolution 87-35, authorizing Clearwater to execute an agreement with CSX Transportation (PW). o Due to recent site development by Pioneer the City's storm facilities are being upgraded railroad right-of-way. The agreement is improvements in the railroad right-of-way. performed by contractor for Pioneer Western. annual leasing fee of $84.00 or a one-time only provided by Pioneer Western. Western Corp. at 700 Magnolia Dr., in the adjacent CSX Transportation for the installation of these The actual construction will be CSX Transportation requires an fee of $1,260.00 which will be Commissioner Wi~ner moved to authorize the appropriate officials to Upon roll call the vote was: pass and adopt Resolution 87-35 and execute same. Motion was duly seconded. ! c "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays" : None. The Public Works Director requested reconsideration of Item 68 as the Public Works Department is requesting several changes in the first paragraph of Resolution 87-35. The first paragraph of the resolution should be amended to read: uWhereas the City of Clearwater has found it necessary to provide for the extension of an existing 42 inch reinforced concrete storm water pipeline across the right-of-way of CSX Transportation Inc." o Commissioner Regulski moved to authorize the appropriate officials Upon roll call the vote was: reapprove Resolution 87-35, as amended, and to execute same. Motion was duly seconded. "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nay s" : None. Item 869 - Clearwater Pass Bridge Task Force - Appointments (2 Members) (CH). The Clearwater Pass Bridge Task Force is being proposed to oversee the work of the consultant being hired to review the current bridge situation as well as explore the alternatives for a permanent solution. The two citizens appointed by the Commission will serve with representatives of DOT and the County as well as the Public Works Director. The City Clerk reported she received rankings of the three nominees by the Commission and Mr. Fragomeni and Mr. Hayes were ranked 81 and 82 respectively. Commissioner Regulski moved to appoint Dominic Fragomeni and Herbert Hayes. Motion was duly seconded. Opon the vote being taken, Commissioners Berfield, Regulski, Nunamaker and Winner voted "aye". Mayor Garvey voted "nay". Motion carried. Item U70 - Florida Orchestra Endowment Request - $100,000 (eM). €)" , ...:.~ .' ,.., The Florida Orchestra is requesting regional support. The City of Tampa has pledged $250,000 contingent upon the support of the other municipalities. (Book 40) 165. 9/17/87 '7"!~\";'.r~..\,'<t'\:~;;;~':'..I;:;,.~r::'.'..!"'r,".. :::,.:: . " ~ t' ", ,,,~'."...' I' '" ~"Q)""1r~"ft~'\t~'UwtJ"'~"'i'f'"',' . . .'r'" Fo F , . ~_. , 'j - .. I ,,~.~:t'(~:~W~~l~t;:~1~tr~~~~;::;:':~1'~~PJ:~...~~..':N.M--_..__....______...._..... ~~......t't'~. v'1 ;}.._tt-,(,",...".....~. _ . . _,,_._ ...,..'..._" -A~ ..."..... ....~..... ..,..~.,....4.~t~~,rw:"HOtJ<t......~..,.l~P'l'XJ;. ....~ ,~.tr;'::t: ~~. ';:"r~:;~~:~"!':..l {~~~!.s~r{!'" ~ ~ ~ '1 ~ '.) ,~ ,;~ 0 :~ 44J.~,.' ,~ " ~ II , :~ ;1 ,~ :i ,1 ~ ~ 4 ] -1. c'J o. ~ '.;,;,,;I' The Orchestra is requesting that the City of Clearwater grant an endowment of $100,000 to be paid over a period of three, four or five years. The Commission pUlled this item off the agenda at the work session of June 15, 1987 and directed staff to inform the Florida Orchestra the City desires to continue to fund the $10,000 a year for the concerts. Also the consensus was to not increase the City's contribution at that time. Discussion ensued regarding support for the Florida Orchestra. It was suggested that the City does support PACT and perhaps the business community should be challenged to support the Florida Orchestra rather ~han the City of Clearwater. A suggestion was made to go to the Suncoast League of Municipalities to obtain their support and to involve the Chamber of Commerce. No action was taken. Item #71 - Self-Insured Workers' Compensation (CK). In 1986, the City elected to self-insure workers' compensation, and to carry excess insurance for individual losses which may exceed $175,000 each. Claims are processed by Gallagher Bassett Insurance Services Inc. in coordination with the City's Industrial Nurse who reviews all notice of injury reports; arranges for medical treatment and monitors employee progress to recovery. For FY '87/88, the self-insurance fund will collect $390.00 per employee. Based on approximately 1500 employees, total collections are estimated at $585,000.00. Staff is reviewing a proposal to change the cost allocation for FY '88/89 based on individual department claims experience. Each department would be assessed according to its own claims experience rather than distribut.ing costs equitably across all departments. The Fire Department, for example, which now accounts for almost 40% of worker's compensation costs, would be assessed $1300.00 per employee rather than $390.00. Commissioner Regulski moved to continue self-insurance of Workers' Compensation and authorize payment of $43,300 to Arthur J. Gallagher and Co., Miami, Fla. f'or excess wOl"kers compensation insurance and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously. Item #72 - Designation of Voting and Alternate Voting Delegates, Annual Congress of' Cities, December 12-16, 1987, Las Vegas, Nevada (CK) Under the bylaws of the National League of Cities, each direct member city is entitled to cast f'rorn one to twenty votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting of the Congress of Cities to be held on December 16, 1987 at the Las Vegas Convention Center. Currently, Mayor Garvey, Commissioners Nunamaker, Regulski and planning to attend. Mayor Garvey has indicated she does plan to business Meeting and is willing to be the voting delegate. Ii inner are a t tend the (Book 40) 166. 9/17/87 -:- --... :: ',~l,..." r, I, .. " .,' 'r:- J .' , ~~~,~"M\;!l!'iJ~~____ ~ I 1 ".. .-",,'I.,';..;;\....:;~'r9:-tm1t"....~::"'"J'~.__.___. _. ..-.w,.-..~i,~J:.~'1.i1.~th>ty.trtc~~..::t":~-et~Jttf~~~~~m:,.j: ~:tf..!'lJi'iI't!;,,~l~.t~t..t, Commissioner Nunamaker moved delegate at the Annual Congress carried unanimously. to of appoint Cities. Mayor Garvey Motion was to duly be the voting seconded and o Commissioner Nunamaker moved to appoint Commissioner Reguslki to be the alternate voting delegate. Motion was duly seconded and carried unanimously. XII - Other Pending Matters - None. XIII - Verbal Reports The City Manager requested a special closed meeting for collect! ve bargaining be set for next week (see page 168 ). " The City Manager reported the Phillies are agreeing to an capital improvements are provided the trip to Philadelphia was a additional five year contract by the City. sucess if the and that requested eI'n ATTORNEY REPORTS XIV - First Reading Ordinances Item n73 - Ordinance 4472-87 Amending the Land Use Use Designation from Commercial/Tourist Facilities property located at the SW corner of the intersection of Royal Way and Poinsettia Ave.; being the N 100' of Lot 9, Blk: B, Mandalay Unit 5 Replat of Blk. 85, Sec. 5-29-15; LUP 87-15 (Euler, H.C. Jr. & H.F.). Element to change the to Public/Semi-Public Land for ~ "'" The by ti tle reading. City only. Motion Attorney presented Ordinance 4472-87 for first Commissioner Nunamaker moved to pass Ordinance was duly seconded. Upon roll call the vote was: read lng and read 4472-87 on it first "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. l1Nays" : None. Item /174 Ordinance 4473-87 (CR-24) to Public/Semi-Public Unit 5 Replat of Blk. 85, Sec. Zoning Atlas (p /SP ) for the N 5-29-15; Z 87-11 Amendment from 100' of Lot (Euler) . Resort Commercial-24 9, Blk. B, Mandalay The by ti tle reading. Ci ty Attorney only. Motion was duly seconded. presented Ordinance 4473-87 for first Commissioner Nunamaker moved to pass Ordinance Upon roll call the vote was: reading and read 4473-87 on it first "Ayes": Berrield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. t5 " ..' "',1, (Book 40) 167. 9/17/87 .-",- \,', r r- '. .^ ~ , f:., .I '. .I ,'~~twl~~(!l~____~--":'-__~.__________._~",~"..~....~_,,~~~~~~.~l, ResolutioDS o Item 1175 Resolution 87-34 Dedica tion of adjoining Fairwood Ave. as pUblic right-of-way Designating the property as "Fairwood Place". Certain and as Propert~ a public located utility W of and easement; Commissioner Winner moved authorize the appropriate officials Upon roll call the vote was: to to pass execute and adopt same. Motion Resolu tion 87 -34 and was duly seconded. "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. xv - Other City Attorney Items The City the recent approval of Attorney reported he did not hearing officer decision reversing the an alcoholic beverage conditional use. recommend seeking Planning judicial review and Zoning of Board's XVI - Other Commission Action The City Commission set a special closed session regarding labor negotiations for 5:00 p.m., September 22, 1987 and scheduled a discussion regarding the procedure for the replacement of the City Manager immediately following the closed session. o Commissioner Winner requested statistics regarding noise violation citations. He also requested an update on the dredging of Dunedin Pass. Commissioner Winner next work session. requested pedestrian crosswalks be discussed at the Commissioner request to revise the permitting process is Nunamaker questioned whether permitting process. reviewed. dock being or not staff was reviewing a The Planning Director stated the XVII - Adjournment The meeting adjourned at 9:28 p.m. Attest: Cr~'~ 1, it Clerk t/1 .... .J.:J~.c...- 61... G~ . (Book 40) 168. 9/17/87