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CITY COMMISSION MEETING
June 6. 1991
The City Commission of the City of Clearwater met in regular session at
City Hall. Thursday, June 6, 1991 at 6:00 p.m., with the following members
present:
Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
Mayor/Commissioner
ViceNMayor/Commissioner
Cotllnissioner
Commissioner
Commissioner
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was offered by Pastor A. V. Ward of the St. John Primitive
Baptist Church.
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.
One service pin was awarded to a City employee.
IV - Introductions and Awards.
Citations of Appreciation to:
Brenda Harris Nixon for service on the Planning and Zoning Board.
Verdell Yarn Dennard for 32 years of service with Community Pride Child
Care Center.
Proclamation: Buccaneers vs. Bombers Day - 6/15/91.
V N Presentations. - None.
VI - Minutes of the Reaular Meetina of Mav 16. 1991 and Soecial Meetina of Mav
13. 1991.
Commissioner Fitzgerald moved to approve the minutes of the regular
meeting of May 16, 1991, and the special meeting of May 13, 1991, as recorded
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and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
VII - Citizens to be heard re items not on the AQenda.
Howard Groth, Chairperson, Clearwater Housing Authority, announced the
Authority had received the Human Service Award. The Award is in recognition
of the Authority's Blue Ribbon Task Force that meets quarterly to identify and
address problems.
VIII - PUBLIC HEARINGS
ITEM 9 - Public Hearin and First Readin Ord. 15103-91 - Vacating Drainage
and Utility Easement, Clearview Lake Estates, Lot 14A Cook/Bigelow V91-
03)(PW)
The applicant is requesting the vacation of the east 12 feet of the
Lake-Drainage and Utility Easement. A pool and decking have been built into
the existing easement. The City has an lS" storm line in the easement along
the south side of the lot. The Engineering Division has no objections to the
applicants request to vacating the east 12 feet of the existing Lake-Drainage
and Utility Easement subject to retaining the south 5 feet for the storm line.
Florida Power, General Telephone, and Vision Cable have reviewed this
request and have no objections.
Commissioner Nunamaker moved to approve the vacation of the east 12 feet
of the lake-Drainage and Utility Easement of Clearview Lake Estates
Subdivision, Lot 14A, subject to retaining the south 5 feet. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance #5103-91 for first reading and
read it by title only. Commissioner Berfield moved to pass Ordinance 15103~91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IlNays": None.
ITEM 110 - onto from 3 21 91 Al~oholic Bevera e Distance Se aration
Variance for property Britt's Bcachside Cafe located at 201 s. Gulfview
Blvd., Lloyd-White-Skinner Sub., Lots 48-52 and Lot 9S (Stanislaw, Budzinski
AB91-07)(PLO) To be Cont. to 8/15/91
This item was continued from the March 21, 1991 Commission'meeting in
order to allow time for an appeal of the decision by the Development Code
Adjustment Board to deny a variance request associated with this property.
The appeal date has been set for July 5, 1991. Consequently, it is necessary
to again continue this request.
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Commissioner Berfield moved to continue this item until the August 15,
1991 Commission meeting. The motion was duly seconded and carried
unanimously.
ITEM 11 - Cant. from 5 16 91 Alco olic Bevera e Distance Se aration
Variance for DrODertv Big Easy Cajun located at 20505 USI9N, Suite 150,
Clearwater Mall, Sec. 17-29-16, M&Bs 32.01 and 32.02 (Trizec Properties, Inc.
AB91-10)(PLD)
This item was continued from the May 16, 1991 Commission meeting due to
staff error which required readvertisement.
The applicant is requesting Gn alcoholic beverage separation distance
variance for a new 2-COP alcoholic beverage license designation for 118ig Easy
Cajun", located in Suite 150, Clearwater Mall, at 20505 US19N, to permit on
premises consumption of beer and wine.
The variance is needed because uSchnickel Fritz", another establishment
with a 2-COP license, is also located in the mall.
Commissioner Regulski moved to approve a variance of 200 feet to allow
alcoholic beverage sales within 0 feet from a similarly licensed
establishment. The motion was duly seconded and carried unanimously.
ITEM #12 - Alcoholic Severa e Distance Se aration Variance for ro ert
Sweaty Eddy.s located at 2779 Gulf-to-Bay Blvd., Baskin's Replat Resub.,
part of Blk 2 (Wollowick AB91-11) (PLD)
Section 136.024(d) specifies the separation requirements for alcoholic
beverage establishments. Subsection (4) states that an establishment approved
for sale of alcoholic beverages by the Planning and Zoning Board prior to
September 3, 1987, may continue to operate, but IImay not expand its floor area
or seating capacity unless the owner can demonstrate compliance with the
separation requirements.1I The Planning and Zoning Board, in approving the
conditional use for this establishment at their April 16th meeting, has
determined that the on premise sale of alcoholic beverages falls under this
provision and that no variance is required for such sales. However, as there
has not been packaae sales at this establishment in the past, the
establishment must comply with the separation requirements or obtain a
variance from such requirements in order to have package sales.
In response to a question, it was indicated the Planning and Zoning
Board had placed a condition requiring that no customer accessible shelves for
the package sales be provided as a way of not allowing the package sales to be
the main alcoholic beverage sales in the establishment. The package sales
will be limited to beer and wine because that is what the applicant requested.
Commissioner Nunamaker moved to approve a variance of 270 feet to allow
package sales of alcoholic beverage within 30 feet of residentially zoned
property subject to the following condition: there shall be no deliveries to
the establishment and no building or property services for the premises may be
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. performed after 10:00 p.m. or before 6:00 a.m. on any day. The motion was
duly seconded and carried unanimously.
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The applicant is requesting a variance to place a second, new pole sign
at the commercial complex at Highland Ave. and Barry St. where his
establishment is located. Presently, the major tenant of the complex (Rainbow
Lanes) has an existing property identification sign (pole sign #1) in front of
the complex on Highland Avenue. The applicant desires to erect a second pole
sign (pole sign 12), containing his allowed business identification signage,
along Highland Avenue. The code does not permit business identification signs
to be pole signs; also, no more than one pole sign is allowed on this site.
Staff field investigation found that the applicant had changed part of
the existing pole sign (Pole Sign '1) on Highland Ave. to include
identification of his business. This action was done without taking out the
required permit. The applicant also has erected a pole sign (pole sign #3) of
approximately 20 sq.ft. in area on the Highland side of his bUilding just in
front of the trees, about 200 feet from Highland Avenue. This sign also was
constructed without a permit.
Staff feels the modifications made to the existing pole sign (Pole Sign
11) is adequate signage along Highland. While this pole sign does not meet
the height, area and setback requirements of the cod~, these modifications
would be allowed as acceptable changes to a nonconforming sign if permits are
obtained. The property owner has been notified that this sign will have to be
replaced by October 1992. The modification or replacement of this sign could
take into account the signage needs of the applicant. The property owner and
the applicant have over a year to resolve this problem, and in the meantime,
the applicant would have his sign on the existing pole. However, as noted
above, he is required to take out a permit for the sign change he has made.
As for the sign the applicant has constructed without a permit (Pole Sign #3),
it is for him to request a variance or be subject to enforcement proceedings.
Commissioner Regulski moved to deny the request for a sign variance to
permit a 48 square foot business identification sign to be placed as a
freestanding pole sign. The motion was duly seconded and carried unanimously.
ITEM #14 - Public Hearina & First ReadinQ Ord. #5090~91 - LoeTA relating to
setbacks, establishing standards for canopies - amending Sec. 136.006, Code of
Ordinances (PLD)
This proposed amendment was originally intended to apply only to
freestanding canopies. The Planning and Zoning Board reviewed the original
proposed amendment and recommended its approval. After the amendment was
considered by the Development Code Adjustment Board and the Commission, it was
determined that attached canopies should only be allowed to extend over street
rights-of~way in certain lones. Consequently, since the Planning and Zoning
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. Board only considered those portions of the ordinance relating to freestanding
canopies, it was necessary for the item to be readvertised and r~considered.
Under the proposed ordinance, the roof fascia of a freestanding canopy
will be allowed to extend to within 10 feet of property lines. Currently, no
portion of the canopy is allowed to be placed within a structural setback:
generally, this distance is greater than 10 feet. The ordinance also .
restricts attached canopies which penetrate setbacks and property boundaries
to the Urban Center, North Greenwood Commercial and Beach Commercial
districts, and increases the minimum hei~ht of such canopies above street
rights-of-way to 9 feet from 8 feet.
In response to a question, it was indicated if there are existing
canopies 8 feet above rights-af-way, they would be IIgrandfatheredll.
A concern was expressed that there needed to be standards for when a
canopy was allowed to extend over a right-af-way rather than being left to the
discretion of the Public Works Director. This will be addressed at second
reading.
, Commissioner Fitzgerald moved to approve the requested Land Development
Coda Text Amendment. The mot'ion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5090-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 15090-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
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llAyesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
ITEM 115 - Public Hearino & First Reading Ord. #5101-91 - LDeTA providing for
noncommercial parking as a conditional use in the General Office, Neighborhood
Commercial, North Greenwood Commercial, General Commercial, Highway Commercial
and Limited Industrial districts - amending Sees. 135.092, 135.098, 135.1004,
135.123, 135.129, 135.150, 136.022 and 136.025, Code of Ordinances (PlD)
This proposed amendment is being generated by staff primarily to allow a
noncommercial parking lot as a conditional use on an undeveloped property in
the IL (Limited Industrial) Zoning District in order to facilitate a land swap
between the City of Clearwater and Square 0 in conjunction with the County's
construction of a major flood control detention facility which is located at
the northeast corner of the intersection of Sunshine Drive and Logan Street.
Also, the amendment is requested as a housekeeping measure in order to permit
the parkillg lot use in other appropriate nonresidentially zoned districts.
The detention facility will be designed as a wet pond with some littoral
shelf plantings for treatment. The County requires the entire parcel for
volume: however, the. southwest corner is owned by Square 0 Company and is
utilized for employee parking.
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The adjacent undeveloped property directly to the south of the Square D
main site at 1700 Sunshine Drive is owned by the City of Clearwater. This
parcel is appropriately located and sized for additional parking for Square D.
The City has agreed to sell this parcel to the County for a land swap with
Square D, providing the County will allow the City of Clearwater to treat
stormwater from a proposed project within the proposed detention facility.
This would classify the proposed project as a treatment facility.
The Planning and Development Department has anticipated amendments to
the land Development Code which would permit noncommercial parking lots in
appropriately zoned nonresidential districts. As this particular situation
requires the amendment to the IL Zoning District to be made now, staff is also
proposing the other district changes in a time-saving measure. From a land
use standpoint, the noncommercial parking lot use is considered to be of less
intensity than the primary uses (which require accessory parking) permitted in
the referenced noncommercial districts and should have less impact on
surrounding zoning districts and uses including residential.
Commissioner Berfield moved to approve the Land Development Code Text
Amendment which provides for noncommercial parking as a conditional use in the
General Office, Neighborhood Commercial, North Greenwood Commercial, General
Commercial, Highway Commercial and Limited Industrial districts. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5101-91 for first reading and
read it by title only. Commissioner Berfield moved to pass Ordinance 15101-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
UAyesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #16 - Ord. #5068-91 - Land Use Desianation of Industrial for property
located on the S side of Lakeview Rd., between the Seaboard Coastline Railroad
and 5 Myrtle Ave. intersection, Lake Belleview Addn., Blk 2, Lots 17 thru 27
(Rehm LUP90-21)
The City Att~rney presented Ordinance #5068-91 for second reading and
read it by title only. Commissioner Nunamaker moved to pass, and adopt
Ordinance #5068-91 on second and final readi~g. The motion was duly seconded.
Upon roll call, the vote was:
UAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
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~ ,IT~ 117 - Ord. 15095-91 - Wellhead Protection Ordinanc~
The City Attorney presented Ordinance 15095-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance 15095-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CITY MANAGER REPORTS
IX - CONSENT AGENDA (Items .*18-42) - Approved as submitted less Items 133 &
42.
Bids & Contracts - Awarded.
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I EM 21 - Three ear contract for co er corrosion control from Sper Chemical
Corp., Largo, FL, for the period 6/7/91-6/6/94 for 269,712 (PW)
ITEM #22 - Purchase of Lot 11. W.F. HUQhey's Sub.. Blk 1, from Bartow Rembert
~60,OOO (PW)
ITEM #23 - Purchase of lot 20. Mac Oixson Sub.. 1st Addn., from Kenneth L. and
Debra L. Walker for $45,500 (PW)
ITEM #24 - Purchase of Lots 8 & g. Mac Dixson Sub.. 1st Addn., from Vincent
Edward and Karen E. Marcionette for $180,000 (PW)
ITEM '25 - Purchase of lot 12. Moase and Harrison Sub.. Blk 1, owned by David,
Sara, Leo and Elaine Legault for $120,000 (PW)
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ITEM 126 - Purchase of lots 12 & 13. Moase and Harrison Sub.. Blk 2. less
riaht-of-wav in the SE corner of Lot 13: and Lot 13. Blk 1, owned by Aubrey S.
and Ann S. Robinson and Albert L. Rogero, Jr. and Mary M. Rogero for $225,000
(PW)
ITEM'2 - Contract for Clearwater Marina Parkin Lot to A.T. Moorefield
Paving Contractors, Inc., Largo, FL, for $62,951.95 PW)
ITEM #28 - Contract for Forest Run Park to Casteo Construction Co.,
Clearwater, FL, for $197,658 and approve the transfers of $22,650 from
~~creation facility impact fees and $24,803 from recreation facility impact
fee interest to provide funds for this contract (PW)
Citizens & Staff Reauests - Approved less Item #33.
ITEM #31 - Sale of oroQerty at 1570 TioQ8 Avenue to Melvin Hayes Brown and A.
Ola Brown for $15,000 (PLD) .
ITEM #32 - Sale of oropertv at 1388 Hibiscus Street to Dale and Laura Donohoe
~$45,OOO (PLO)
ITEM #33 - See page 9
Chanae Orders - Approved.
ITEM #34 - C.O.HB to the contract for the East Advanced Pollution Control
Facilitv, increasing the amount by $20,165 for a new total contract price of
$14,252,598 (PW)
ITEM #35 - C.O. 1 to the Water Main Re lacement Contract, increasing the
amount by 120,321.02 for a new total of 844,978.07 PW)
Plans & Plats - Approved.
ITEM #36 - Amendment to certified site plan for Westchester Lake Townhomes
located at the NW corner of Countryside Blvd. and Sabal Springs Dr., N of
S.R.580, M&B 22.01 (Westchester Lakes Development Corp., PSP82-10)(PLD)
Authorize review of a final site plan with final action by the Development
Review Committee (O.R.C.) subject to the following conditions: 1) Easements
over the water mains are required prior to the final recording of the plat; 2)
Plat language shall be provided on the final plat requiring the homeowner~ to
maintain the common areas. The language is subject to approval by the City
Attorney prior to recordation; 3) A landscaping buffer which may include a
buffer wall or fence shall be provided for the double frontage lots along the
rear property lines adjacent to Countryside Boulevard. Direct access from the
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lots to Countryside Boulevard shall be specifically prohibited on the final
plat: 4) The amended plan shall be subject to the conditions carried forward
from the November 2. 1990 certified site plan: 5) A Unity of Title for the
entire Westchester development included on the site plan shall be recorded
prior to certification of the preliminary plat (has been met); 6) The final
plat shall be recorded within one year from certification of the preliminary
plat; 7) Signs and fencing/walls are subject to separate review and permitting
process; and 8) No building additions or enclosures shall be permitted other
than those specifically shown on the typical lot development plans which are a
part of the site plan.
Receipt & Referral - Received and Referred.
ITEM #38 - LOCTA - Creatina a low intensity industrial Zonina District to be
called Research, Development and Office Park District (PLD)
ITEM 139 - Annexation. land Use Plan Amendment to Commercial/Tourist
Facilities and CH Zoning for parts of lots 8 & 9. Blackburn Sub., located on
the W side of US19N about 1,500' N of Sunset Point Rd. (Baker et al.. A90-
02)(PLD)
CITY ATTORNEY
~ Agreements. Deeds & Easements - Accepted less Item #42 (Item #40 continued).
ITEM 140 - (Cant. from 5/16(91) First amendment of easements from Florida
Power Corp. to City of Clearwater for water supply wells - Sec. 18-29-16 -
Continued
ITEM 141 - Sanitary Sewer Lien Agreement - Pinellas Terrace Sub.. Lot 4
(Wellman)
ITEM '42 - See page 10
Commissioner Berfield moved to approve the Consent Agenda as submitted
less Items 633 & 42. and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM 133 - Appropriation of 2.3 million in the unreserved retained earnings of
the Parking Fund to the Special Development Fund as undesignated fund balance.
and the subsequent appropriation of 3.5 million of undesignated fund balance
of the Special Development Fund to Project 315-4413 to be used for land
acquisition
Project 315-4413 has been established to provide funds for the City to
acquire land for a combined City Hall upscale retail development complex.
Staff has researched funds available and recommends the use of 2.3 million in
parking funds and 1.2 million in acc~mulated earnings on Special Development
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Fund investments.
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The preliminary appropriation of parking funds to the special
development fund is done to ensure that ownership of the property acquired is
not attributed to the oarking fund and therefore, not subject to restrictions
which might otherwise be imposed by the 1983 parking system revenue bonds.
If approved, $162,000 of this appropriation will be used for the
purchase of Lots 9, 10 and 11 of R. H. Padgett Subdivision already approved by
the Commission on March 21 and April 4, 1991, in lieu of the direct parking
fund transfer anticipated in the original purchase approval.
A citizen raised concerns regarding recommendations of the Blue Ribbon
Task Force for Clearwater Beach, including the use of parking funds for some
of those improvements. Concern was also raised regarding these properties
being off the tax roll until such time as they can be developed. A question
was also raised regarding whether or not we were meeting the obligations of
the parking revenue bonds. It was indicated the Commission could reallocate
these funds in any manner they felt appropriate and that parking revenue bond
obligations are being met.
Commissioner Regulski moved to approve the appropriation of 2.3 million
dollars in unreserved, retained earnings of the parking fund to the special
development fund as undesignated fund balance and the subsequent appropriation
of 3.5 million dollars to undesignated fund balance of the special development
fund to Project 315-4413 to be used for land acquisition and that the
appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
ITEM #42 - Settlement of Reservoir No.2 Contract Dispute - City's payment to
two subcontractors tptaling $85,959.35 (W.E.D. Contractors, Tampa Armature
Works, Water Resources Corp., et al.)
For the past several months, staff has been negotiating the settlement
of claims by and against the City, the City's contractor, the surety company
and several subcontractors, all relating to the contractor's failure to
complete modifications to Reservoir No. 2 under a contract entered into in
1988.
The City terminated the contract in 1990 and has been holding
$111,563.20 against which we have claimed liquidated damages in the amount of
$32,200.00, due to the delay between the contract completion date and the
substantial completion date (161 days at $200.00 per day). .
Ordinarily the City would have paid the contractor when the job was
completed and the contractor would have paid the subcontractors. In this,
case, the City held the unpaid balance of the contract because the contractor
never finished the job. Claims of nonpayment from the subcontractors were
heard before the contract was canceled. The claims by the subcontractors
total slightly more than the amount held by the City before the set-off for
unliquidated damages.
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A settlement has been reached which proposes: 1) the contractor will be
paid nothing further; 2) the City will pay two subcontractors directly, Water
Resources Corporation will receive $47,202.64 and Tampa Armature Works will
receive $38,756.71: 3) the surety company. MCA will pay $3.000 to each of the
above named subcontractors (MCA has also paid $4,200 to another subcontractor
who is not a party to these proceedings): 4) our engineer, Briley. Wild &
Associates will pay $1,135.16 to each of the above named subcontractors: 5)
The agreement includes releases by the various parties of the other parties,
except the surety company will preserve its indemnification claims against the
contractor and certain individuals. The contractor and the surety company
will continue to indemnify the City against a potential claim of $2,143.65 by
another subcontractor who is not a party to these proceedings, if the claim is
asserted and is valid. The City will in effect, retain $25,603.85 as our
liquidated damages.
Paragraph five of the settlement agreement calls for Water Resources
Corporation, a subcontractor, to obtain a release from Peerless Pumps running
in favor of Water Resources Corporation, the contractor, the City, our
consulting engineer and the surety company. Peerless Pumps was the supplier
of equipment to Water Resources Corporation and was not in privity of contract
with the City. To the best of our knowledge, Peerless Pumps may have a claim
against Water Resources Corporation for approximately $56,000. Water
Resources Corporation has indicated they are unsure that they can obtain the
release from Peerless Pumps. It is not clear that Peerless Pumps has a good
lien or that the City would be exposed to additional liability. Therefore,
the City Attorney requests approval of the proposed settlement agreement as
written with the understanding that a release be obtained from Peerless Pumps
by the contractor or by the surety company but also authorize the City Manager
and the City Attorney to agree to any modification providing for a suitable
alternative to a release which will protect the City from any further
liability.
Discussion ensued regarding the relationship of the City and the surety
company. It was indicated that acceptance of this agreement would settle all
claims in regard to this contract.
Concerns were expressed regarding whether or not warranties were still
in effect on any of the equipment and it was indicated that warranties would
have run out at this time. It was indicated staff believed they had
identified all possible claimants in this regard.
Discussion ensued regarding using this surety company again and it was
indicated that this would be looked at carefully.
Commissioner Nunamaker moved to approve the proposed settlement
agreement with the understanding that a release be obtained from Peerless
Pumps by Water Resources Corporation, by the contractor or by the surety
company and that the City Manager and City Attorney be authorized to agree to
any modification providing for a suitable alternative to a release which will
protect the City from any further liability. The motion was duly seconded and
carried unanimously.
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x - OTHER ITEMS ON CITY MANAGER REPORT
ITEM 143 - Removal of the five north concrete tennis courts located at the
Bavfront Tennis Comolex at the intersection of Pierce Blvd. and Cleveland St.
(PR)
At the worksession of May 13, 1991. the Commission heard a presentation
regarding a conceptual site plan for the redevelopment of the Bayfront parks.
The majority of discussion centered on the tennis court portion of the
Bayfront located south of Cleveland Street and east of Pierce Boulevard. The
conceptual site plan recommended that the five north tennis courts be
demolished and removed and be replaced with landscaping similar to that at
Coachman Park. Further, the plan showed three new asphalt tennis courts being
constructed on the south side of the existing four asphalt courts. However,
it is of the opinion of the City Attorney, according to Charter Restrictions,
that the five north courts could be removed but that the three new courts
could not be constructed without going to public referendum.
Based on this discussion, the Commission directed staff to prepare an
agenda memorandum recommending that the five north tennis courts be removed
and that they be replaced with grass and trees. No further development is to
take place pending resolution of the Maas Brothers site and a decision of
whether or not to have a referendum to consider the construction of the three
new tennis courts.
Currently, the City has $90,000 available in CIP Code 3316 for this
project. Of this amount, $60,000 remains from previous Community
Redevelopment Agency funds and the remaining $30,000 is from Penny for
Pinellas funding. In the event this recommendation is approved, staff will
secure bids for the removal of the five tennis courts and, if over $10,000.
return to the Commission for approval of the contract.
In response to a question, Ream Wilson. Parks and Recreation Director.
indicated that the engineer's estimate of cost for the removal of the courts
was $15,000. The proposed landscaping was not included in this estimate and
would probably be another $15.000. He indicated the courts are well used,
especially in the fall, winter and spring. He indicated the north fence is
very rickety and that the light fixtures need to be cleaned. The concrete has
hairline fractures and has been repainted recently. He indicated he would
prefer to leave these courts until such time as three new ones could be built.
However, in order to build the three new courts. it is the City Attorney's
opinion that this would have to go to referendum.
Discussion ensued regarding the desire to remove the five courts in
order to open up the view but there were concerns regarding being unable to
replace the removed courts.
Seven citizens spoke in opposition to the removal of the courts stating
that this facility is heavily used and is the largest facility which allows
round robin type of play for large groups. They also expressed concern that
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even if the construction of new tennis courts were allowed, there would only
be three and it was felt that all five needed to be replaced.
Discussion ensued regarding the need to remove the courts at this time
and it was stated that in a few months the City would have a better idea
regarding whether or not it was going to acquire the Maas Brothers site and
that the whole Bayfront.issue could be addressed at one time.
Commissioner Regulski moved to delay the removal of the tennis courts
until such time as there is a better picture of the Bayfront issue. The
motion was duly seconded and carried unanimously.
It was requested that staff attempt to have referendum questions
regarding the Bayfront on the ballot in March of 1992.
Ream Wilson, Parks and Recreation Director. reported that the Florida
Department of Transportation (FOOT) had approved the City's grant application
for the Courtney Campbell beautification project. He stated that they will
coming forth with an agreement with FOOT. The Mayor said that if anyone
wanted to volunteer to help with this beautification project, they should call
City Hall or the Chamber of Commerce.
ITEM 144 - Res. 191-22 authorizin Cit officials to execute b hand or b
facsimile signature all checks drawn on City of Clearwater bank accounts AS)
The recent promotions of Kathy Rice to Deputy City Manager, Betty
Deptula to Assistant City Manager and Jeff Harper to Director of
Administrative Services have necessitated a new signature authorization
resolution. The resolution is in the same format previously approved by the
Commission on September 7, 1989 and requires an authorized signature from both
the City Manager's office and from the Department of Administrative Services.
Following approval, certified copies of the resolution will be sent to all
appropriate banks, and signature cards will be revised as necessary.
The City Attorney presented Resolution #91-22 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #91-22 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
IIAyesu: Regulski, Nunamaker. Fitzgerald, Berfield and Garvey.
IINays": None.
ITEM 145 ~ Joint Clearwater/Florida Department of Transportation (FOOT)
A reements and ado t Res. #91-23 for Utilites Relocation A reement for a
portion of S.R.55 U.S.19 from 5 of Enterprise Rd. to N of S.R.580 (PW)
The City's Public Works Department and the Clearwater Gas System have
coordinated the design for the relocation of the City's utilities necessitated
by the Department of Transportation's proposed overpasses of Countryside
Boulevard and S.R.580 with both the FOOT and their consultant engineering
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firm, HOR Inc. The two Joint Project Agreements and resolution must be
approved prior to FOOT issuing a request for construction bids. The
agreements and resolution provide for FOOT to request bids for the City's
utility relocation work as part of the State's request for construction bids
for the overpass work.
The wording of the agreement allows for the rejection of the utility
relocation portion of the bid by the City if the bid greatly exceeds the
City's estimated construction cost.
A portion of the City's utilities relocation costs will be borne by FOOT
due to the fact that these utilities were in place prior to FOOT obtaining
additional right-of-way for this project. Therefore, to meet FOOT
requirements and for the City to receive reimbursement on this portion of the
project, two Joint Project Agreements are required, one for the reimbursement
and the other for payment to FOOT.
The agreement w~ll provide significant savings to the City through
coordination of construction activities by one contractor and greatly reduce
restoration costs. The proposed work will involve the relocation of sanitary
sewer, water and gas mains.
The initial City estimate for this work is $476,205.08, of which
$126,629.58 is estimated to be reimbursable from the FOOT upon completion of
the project.
The City Attorney presented Resolution #91-23 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution 191-23 and
authorize the appropriate officials to execute same. The motion was duly
seconded, upon roll call the vote was:
HAyesu: Regulski. Nunamaker. Fitzgerald, Berfield and Garvey.
"NaysU: None.
ITEM #46 - Plannina and Zonina Board - 1 aopointment (eLK)
Commissioner Nunamaker moved to appoint Robert O. Bickerstaffe. The
motion was duly seconded and upon the vote being taken, Commissioners
Regulski, Fitzgerald, Berfield and Nunamaker voted IIAyellj Mayor Garvey voted
uNayll, motion carried.
ITEM #47 - Community Relations Board - 2 appointments (eLK)
Commissioner Berfield moved to appoint Pastor A. V. Ward. The motion
was duly seconded and carried unanimously.
Commissioner Fitzgerald moved to appoint Reverend Herbert Freitag. The
motion was duly seconded and carried unanimously.
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~ ITEM 148 - Beautification Committee - 1 aopointment (eLK)
Commissioner Regulski moved to appoint Robert P. Resch III. The motton
was duly seconded and carried unanimously.
ITEM 149 - Neiohborhood Advisorv Committee - 4 appointments (eLK)
Commissioner Regulski moved to appoint Patricia Grigalanz to the East
Clearwater category. The motion was duly seconded and carried unanimously.
Commissioner Regulski moved to appoint Terri Lynn Knoll to the East
Clearwater category. The motion was duly seconded and carried unanimously.
Commissioner Regulski moved to appoint Ralph H. Linn to the North
Greenwood category. The motton was duly seconded and carried unanimously.
Continued second North Greenwood appointment.
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XI - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
XII - First Readina Ordinances
ITEM #50 - Ord. #5102-91 - Relatina to stormwater manaqement utility system,
amending Sec. 50.05, Code of Ordinances, as amended by Ord. #5058-90, to
correct scrivener's error in formula for determining number of equivalent
residential units for nonresidential properties
The City Attorney presented Ordinance #5102-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5102-91
on first reading. The motion was duly seconde~ and upon roll call, the vote
was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #51 - Ord. #5104-91 - RelatinQ to vehicular traffic: amendina Section
125.02. Code of Ordinance. as created bv Ordinance #5098-91. to revise the
definition of "cruising": providina an effective date
The purpose of this Ordinance is to correct a "glitch" in the cruising
ordinance 15098-91, regarding the definition of "cruising" containing a
statement which is inconsistent with the notice requirement.
The City Attorney presented Ordinance #5104-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5104-91
on first reading. The motion was duly seconded and upon roll call~ the vote
was:
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"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IINays": None.
XIII - Resolutions
ITEM 152 - Res. #91-21 - Assessina property owners the costs of havina mowed
or cleared owners' lots
The City Attorney presented Resolution 191-21 and read it by title only.
Commissioner Fitzgera~d moved to pass and adopt Resolution #91-21 and
authorize the appropriate officials to execute same. The motion was dUly
seconded, upon roll call the vote was:
"Ayesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
XIV - Other City Attornev Items
ITEM #53 - Reauest for Advisorv Doinion from Ethics Commission regarding
recent amendments to the gifts law
The City Attorney has requested an advisory opinion regarding the gift
law from the Ethics Commission. The Ethics Commission is asking if the City
Attorney's name and the name of the person on whose behalf the opinion is
being requested can be used when the opinion is published. Therefore, the
City Attorney is requesting City Commission authorization for the City Manager
to 'sign on behalf of the City, in addition to the City Attorney signing the
request, indicating approval of the use of the City Attorney's name in his
capacity as Clearwater City Attorney when the opinion is published.
Commissioner Regulski moved to authorize the City Manager and City
Attorney signing the request for an advisory opinion and approve the use of
the City Attorney's name on the advisory opinion the Ethics Commission will be
publishing. The motion was duly seconded and carried unanimously.
XV - City Manaaer Verbal Reports - None.
XVI - Other Commission Action
,
Commissioner Fitzgerald reported the Mayor's Council ~nanimously
supported the proposed Countywide sign ordinance. A few minor changes are to
be made and the ordinance will be forwarded to the County Commission.
XVII - Adjournment
The meeting a'tjjo:.rrned at 7:50 p.m.
ATTEST:
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