05/07/1987
CITY COMMISSION MEETING
May 7, 1987
The City Commission of the City of Clearwater met in regular session at the City
Hall, Thursday, May 7, 1987, at 6:02 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
Anthony L. Shoemaker City Manager
M. A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by Rev. Keith Hunsinger, St. Paul s Lutheran 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 - None.
IV - Introductions and Awards.
Citation of Appreciation was presented to BMC Colin M. Kennovin from the Navy
League for receiving the Douglas A. Monroe Award for outstanding leadership in the
United States Coast Guard.
Proclamations
Salvation Army Week - May 11-17, 1987.
Nursing Home Week - May 10-16, 1987.
Historic Preservation Week - May 10-16, 1987.
The Commission was presented poster "Landmarks of Democracy" by the Historic
Preservation Committee.
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V - Minutes of the Regular Meeting of April 16, 1987.
Mayor Garvey stated that on page 247 of the minutes, Item #52, the "no" vote was
hers, not Commissioner Regulski's as stated.
Commissioner Regulski moved to approve the minutes of the regular meeting of April 16,
1987, as amended . Motion was duly seconded and carried unanimously.
VI - Presentations
Louis Vaneck Donation
Attorney Harry Klein presented a deed to the former Louis' Roost property on Clearwater
Beach to the City as a donation from the Louis Vaneck estate; the property to be used for
City use.
VII - Citizens to be Heard re Items not on the Agenda
Cliff McKinley stated he owns a small busing company in Tarpon Springs and is interested
in providing the proposed bus service from downtown Clearwater to downtown Tampa. The
Mayor explained that providing the bus service is not under City jurisdiction.
Richard Tario requested the City Commission not develop Lake Chatauqua Park until the
Landmark Dr. extension is paved.
VIII - Public Hearings
Item #9 - Resolution 87-23, authorizing the sale or trade of a portion of the Clearwater
Parking System and designating the use any; declare Surplus to City needs Lot 6, Block 5,
Gould & Ewing's Second Addition, Clearwater Harbor, FL; Authorize its eventual sale or
trade to the owners of the NE corner of Pierce St. and Ft. Harrison Ave.; and authorize the
purchase or trade of a wedge of property on the above-referenced corner to provide for a
realignment of the intersection it abuts. (CM)
The attorney representing the proposed purchaser of the corner site (Pierce and Fort
Harrison) has had preliminary discussions with the City regarding a site plan for a branch
bank on this corner. The plan calls for the existing building to be razed, thus the City has
an opportunity to remove the dog-leg in this intersection.
The City-owned property is a parking lot (#6) with 25 spaces and an income of $1,565.82
in 1985 and $4,931.12 in 1986 when rates were quadrupled. All certifications required by
the Parking System Bonds Ordinance of 1983 will be, or have been fulfilled.
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An MAI appraisal has been ordered and should be submitted on or about May 11, 1987. It
is anticipated that contracts will be presented to the City Commission at its meeting of May
21, 1987.
Commissioner Nunamaker moved to pass and adopt Resolution 87-23 and authorize
appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote
was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #10 - Petition for Annexation. OL Zoning and a Land Use Plan Amendment from
Commercial/Tourist Facilities to Residential/Office on a .78 acre MOL parcel located on
the N side of Drew St appx 550 ft E of Belcher Rd.; Lots 20 - 23, Blk D, Temple Terrace,
1st Addition. (Executive Portfolio) A 87-12, LUP 87-8 (PUD)
The property is proposed to be developed with professional offices. City water service is
available to the site.
Commissioner Regulski moved to approve the Annexation, OL Zoning and Land Use Plan
Amendment for the subject property including the abutting right-of-way of Drew Street and
direct the City Attorney to include in an ordinance. Motion was duly seconded and carried
unanimously.
Item #11 - Petition for Annexation and RS-8 Zoning for a .15 acre MOL parcel located on
the N side of Springdale St appx 275 ft E of N. Betty Lane; Lot 14, Blk C, Pine Ridge Sub.
(Brinson) A 87-13 (PUD)
A single family residence is existing on the property. City water and sewer services are
available. The recreation facility fee has been paid.
Commissioner Berfield moved to approve the Annexation and RS-8 Zoning of the subject
property and direct the City Attorney to include in an ordinance. Motion was duly seconded
and carried unanimously.
Item #12 - Petition for Annexation; OL Zoning and a Land Use Plan Amendment from
Industrial to Residential/Office on a .36 acre parcel located on the S side of SR 590 appx
1,075 ft W of McMullen-Booth Rd.; Lots 3 - 7, Blk A, Dellwood Heights Sub.
(Austin/Pappalardo) A 87-14, LUP 87-9 (PUD)
The property is currently vacant. It is proposed to be developed with an office use. City
water service is available. Although not a condition of annexation, the dedication of 17 feet
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of additional right-of-way adjacent to S.R. 590 will be a requirement of the subsequent
development of the property.
Commissioner Nunamaker moved to approve the Annexation, OL Zoning and Land Use
Plan Amendment for the subject property and direct the City Attorney to include in an
ordinance. Motion was duly seconded and carried unanimously.
Item #13 - Major Amendment to the Master RPD 5.8 Site Plan for Cooper's Bayou located
between Bayshore Blvd. and McMullen-Booth Rd appx. 800 ft. S of Drew St.; M&B 21.16,
21.17 and 21.18, Sec. 16-29-16 (Bricks Management & Real Estate Dev., Inc.) PSP 85-39
(PUD)
On December 19, 1986, the City Commission approved, subject to conditions, a final RPD
5.8 Master Site Plan for Cooper's Bayou. Subsequently a revised plan was approved and
the plan approval was extended an additional 6 months.
The new property owner is now proposing an amendment to the plan. The buildings have
been reoriented, the private drives have been changed, and the proposal now involves
one-story 3 bedroom villas, and two-story 2 and 3 bedroom townhouses. The 56 maximum
unit count (5.8 units per net acre) will remain the same. Each of the 56 units will be
provided with a two car garage. Access to the site is from Bayshore Blvd. and McMullen-
Booth Rd.
The Planning Director stated an aviation easement is needed for this project. She has
informed the developer of the required easement.
Ben Withers, architect, representing Bricks Management, stated the developer has agreed
to all conditions; however, they are requesting time for their attorney to look at the aviation
easement.
Discussion ensued regarding whether to approve the amendment to the site plan as
submitted, with the understanding that an additional condition would be added, or to
continue it until the developer's attorney has had an opportunity to review the additional
condition.
An adjacent property owner expressed concerns regarding the proposed buffering on the
north side of the property. There are some large trees there and if a wall is constructed it
will cause the demise of the trees and create a drainage problem.
Mr. Withers stated the developer is amenable to a vegetation buffer rather than a wall.
Commissioner Regulski moved to approve the Major Amendment to the site plan for
Cooper's Bayou subject to the following conditions: l) Signs shall be subject to a separate
review and permitting process; 2) Driveway details must be coordinated with the Traffic
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Engineer prior to issuance of a building permit; 3) Open space and recreation land fees
must be paid prior to certification of final site plan; 4) Mitigation methods for filling the ditch
on site shall be subject to approval of Environmental staff prior to issuance of a building
permit; 5) Property owner shall submit, prior to issuance of a building permit, an
application to rezone the property to the D.E.R. jurisdictional line to AL/C (Aquatic
Lands/Coastal); 6) The requisite initial building permits be issued within six (6) months
from the date of certification of the final site plan and all requisite certificates of occupancy
be issued within three (3) years from the date of certification of the final site plan; 7) A 10
foot utility easement be given over all water mains up to and including meters and
hydrants; 8) Dumpsters be visually
screened with a 12 foot wide clear opening; 9) Sidewalks be provided along all rights-of-
way or a waiver be granted thereto; 10) Buffering be provided along the north and south
property lines by providing a wall or vegetation with 85% opacity at maturity based on the
desires of the adjacent property owners; 11) Final water system design be approved by
Utilities Department; 12) An aviation easement be executed with Pinellas County; and that
the appropriate officials be authorized to execute same. Motion was duly seconded and
carried unanimously.
Item #14 - Second Reading, Ordinance 4355-87 - Annexing Lots 1 & 2, Block 4, Bayview
City Subdivision; located on the SE corner of the intersection of Bayview and Kentucky
Avenues, together with the abutting right-of-way of Kentucky Ave. ( Keefer - PH 2/19/87)
The City Attorney presented Ordinance 4355-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4355-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #15 - Second Reading, Ordinance 4356-87 - Zoning Atlas Amendment for property
annexed in Ord. 4355-87 as RS-8 (A-87-1)
The City Attorney presented Ordinance 4356-87 for second reading and read it by title
only. Commissioner Nunamaker moved to pass and adopt Ordinance 4356-87 on second
and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #16 - Second Reading, Ordinance 4357-87 - Annexing Lots 159, 160 & 161,
Clearwater Manor Sub.; located on the S side of S. Lagoon Circle appx. 400 ft. E of
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Belcher Rd., together with the right-of-way of S. Lagoon Circle abutting Lot 62 (Cardo,
Buck, Seeling - PH 2/19/87)
The City Attorney presented Ordinance 4357-87 for second reading and read it by title
only. Commissioner Regulski moved to pass and adopt Ordinance 4357-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #17 - Second Reading, Ordinance 4358-87 - Zoning Atlas Amendment for property
annexed in Ord. 4357-87 as RS-8. (A-87-4)
The City Attorney presented 4358-87 for second reading and read it by title only.
Commissioner moved to pass and adopt Ordinance 4358-87 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #18 - Second Reading, Ordinance 4359-87 - Annexing a parcel of land on the W side
of Belcher Rd. appx 800 ft. N of Drew St.; being part of Lots 7 and 8, Mosell Acres (Winkel
- PH 2/29/87)
The City Attorney presented Ordinance 4359-87 for second reading and read it by title
only. Commissioner Regulski moved to pass and adopt Ordinance 4359-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #19 - Second Reading, Ordinance 4360-87 - Zoning Atlas Amendment for property
annexed in Ord. 4359-87 as OL (A-87-2)
The City Attorney presented Ordinance 4360-87 for second reading and read it by title
only. Commissioner Nunamaker moved to pass and adopt Ordinance 4360-87 on second
and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
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Item #20 - Second Reading Ordinance 4361-87 - Amending Ord. 2019 to change land use
designation from Low Density Residential to Residential/Office for part of Lots 7 & 8 of
Mosell Acres (LUP 87-1)
The City Attorney presented Ordinance 4361-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4361-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #21 - Second Reading, Ordinance 4362-87 - Annexing parcel of land on the SW
corner of the intersection of Sunset Point & Belcher Roads; M&B 32-01 & Vacant Alley on
W, Sec. 1-29E-15E; together with the abutting right-of-way of Sunset Pt . Rd. A 87-3, LUP
87-2 ( Sun Bank of Tampa Bay -PH 2/19/87)
The City Attorney presented Ordinance 4362-87 for second reading and read it by title
only. Commissioner Regulski moved to pass and adopt Ordinance 4362-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #22 - Second Reading, Ordinance 4363-87 - Zoning Atlas Amendment for property
annexed in Ord. 4362-87 as OL (A-87-3)
The City Attorney presented Ordinance 4363-87 for second reading and read it by title
only. Commissioner Nunamaker moved to pass and adopt Ordinance 4363-87 on second
and final reading. Motion was duly seconded . Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey .
"Nays": None.
Item #23 - Second Reading, Ordinance 4364-87 - Amending Ord. 2019 to change land use
designation from Medium Density Residential to Residential/Office for a parcel located on
the SW corner of the intersection of Sunset Point & Belcher Roads; M&B 32-01 & Vac.
Alley on W, Sec. 1/6-29-15/16 (LUP 87-2)
The City Attorney presented Ordinance 4364-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4364-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
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"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #24 - Second Reading, Ordinance 4366-87 - Zoning Atlas Amendment from Open
Space/Recreation (OS/R) to Resort Commercial Twenty-Eight (CR-28) by rezoning a
parcel at the SW corner of the intersection of Clearwater Pass Ave. and Gulfview Blvd.;
part of accreted land S of Lots 1 & 2, Block D, Bayside Shores (Lane Clwtr. Limited
Partnership /City - PH 2/5/87) Z-86-21
The City Attorney presented Ordinance 4366-87 for second reading and read it by title
only. Commissioner Regulski moved to pass and adopt Ordinance 4366-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #25 - Second Reading, Ordinance 4367-87 - Amending Ord. 2019 to change land use
designation from Recreation/Open Space to Commercial/Tourist Facilities for a parcel
located at the SW corner of the intersection of Clearwater Pass Ave & Gulfview Blvd.; part
of accreted land S of Lots 1 & 2, Blk D, Bayside Shores. LUP 86-38
The City Attorney presented Ordinance 4367-87 for second reading and read it by title
only. Commissioner Nunamaker moved to pass and adopt Ordinance 4367-87 on second
and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #26 - Second Reading, Ordinance 4368-87 - Zoning Atlas Amendment from Open
Space/Recreation (OS/R) to Beach Commercial (CB) by rezoning parcel on the SE corner
of Clwtr. Pass Ave. & South Shore Blvd.; accreted land to S of Lot 2, Blk A., Bayside
Shores (Fisherman's Wharf/City - PH 2/5/87) Z86-24
The City Attorney presented Ordinance 4368-87 for second reading and read it by title
only. Commissioner Regulski moved to pass and adopt Ordinance 4368-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey. "Nays": None.
Item #27 - Second Reading, Ordinance 4369-87 - Amending Ord. 2019 to change land use
designation from Recreation/Open Space to Commercial/Tourist Facilities for a parcel
located at the SE corner of the intersection of Clearwater Pass Ave. & South Shore Blvd.;
accreted land to S of Lot 2, Blk A., Bayside Shores. LUP 86-40
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The City Attorney presented Ordinance 4369-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4369-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #28 - Second Reading, Ordinance 4370-87 - Zoning Atlas Amendment from
Neighborhood Commercial (CN) to Resort Commercial 24 (CR-24) by rezoning a parcel
located at the W end of Nicholson St., E of the Seminole Boat Landing, & the SE corner of
Nicholson St. & Osceola Ave; Lots 2&3, part of Lot 1, Blk. 2, Gorra Sub.; Lots 13,14,&23,
part of Lot 22, Sue Barco Sub. & vac streets; Lots 8,9 & 10 and unplatted parcel to the W,
F.T. Blish Sub. (Clwtr. Bay Marine, Werder, Levinson, Coleman & Chadwick - PH 2/5/87) Z
86-23
The City Attorney stated there is an error in the legal description in Exhibit A, attached to
the ordinance. The second paragraph from the bottom of the page, "Lot 1, Sue Barco
Subdivision according to the map or plat thereof as the same appears of record in Plat
Book 1, Page 26, of the Public Records of Pinellas County, Florida", should not have been
included as it is not part of the property being rezoned.
Commissioner Winner moved to amend Ordinance 4370-87 by deleting the second
paragraph from the bottom of the page which reads: "Lot 1, Sue Barco Subdivision
according to the map or plat thereof as the same appears of record in Plat Book 1, Page
26, of the Public Records of Pinellas County, Florida". Motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance 4370-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4370-87, as amended,
on second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #29 - Second Reading, Ordinance 4372-87 - Zoning Atlas Amendment from Open
Space/Recreation (OS/R) to Public/Semi-Public (P/SP) by rezoning a parcel on the S side
of S.R. 60, E of and adjoining the Clearwater Sewer Treatment Facility; M&B 31-02, Sec.
16-29-16. (City - PH 2/5/87) Z 86-20
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The City Attorney presented Ordinance 4372-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4372-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #30 - Second Reading, Ordinance 4373-87 - Amending Ord. 2019 to change land use
designation from Recreation/Open Space to Public/Semi-Public for a parcel located on the
S side of S.R. 60, E of and adjoining the Clearwater Sewer Treatment Facility; M&B 31-02,
Sec. 16-29-16 LUP 86-37
The City Attorney presented Ordinance 4373-87 for second reading and read it by title
only. Commissioner Winner moved to pass and adopt Ordinance 4373-87 on second and
final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
CITY MANAGER REPORTS
IX - Consent Agenda - Approved as submitted.
Agreements - Approved
Item #31 - Parking Lot Agreement, Clearwater Beach Hilton - Rescind provision that
parking spaces beneath the Clearwater Pass Bridge be identified as public parking on the
License Agreement. (MR)
Item #32 - Countryside Jr. Cougars, Inc. - Agreement which allows press box/storage
building at Countryside Sports Complex. (PR)
Item #33 - Amendment to the Lease Agreement with Stone Buick, Inc. - to reflect an
extension of the lease term to expire February 28, 1991 and that the cancellation clause
be changed to allow for six months notice instead of ninety days. (PW)
Item #34 - Easement Agreement across right-of-way owned by Florida Power Corp. to
allow widening of the road between Old Coachman and the City Transfer Station to
provide for two way passage by Sanitation trucks. (PW)
Item #35 - Purchase of the S 30 feet of Lot 3, Janie Daniels Sub. - from Osceola Gross for
$21,600.00 plus the cost of Title Insurance and State Documentary Stamps to be paid by
the City. (PW)
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Item #36 - Revised Agreement with Pinellas County for Parking Lot 29 - for installation and
maintenance of parking meters, deleting the clause "If said Agreement is cancelled by the
County before the City has recouped the full and complete cost of the parking meters as
hereinabove set out, then the County shall reimburse the City for the balance due and
owing thereon." (TE)
Item #37 - Agreement for Annexation of .2 acre parcel located on the S side of South Dr.,
appx. 160 ft. E of Audrey Dr.; Lot 3, Blk F, Carlton Terrace 1st Addition, SW 1/4 Sec. 5-29-
16 (Blanchard) ATA 87-3-296; notifying property owners that the property may become
non-conforming upon annexation. (PUD)
Amended*
Bids & Contracts - Approved
*Item #38 - Light & Heavy Duty Trucks (40 vehicles) - Karl Flammer Ford for $257,251.97;
Grant Ford for $132,411.60; Bartow Ford for $65,350.00; 8 new vehicles for the Water
Division; 32 as replacement vehicles for various divisions to be lease/purchased under the
terms of the Master Agreement with First Florida Bank (CS)
Item #39 - Power Paper Cutter (26-1/2") - A. B. Dick Co., Tampa, FL for $8,360.00 to
replace an existing inadequate 18" cutter. (CS)
Item #40 - Skid Loaders (2)- Phil Reed Equip. Co., Brandon, FL for $35,987.04 under the
lease/purchase agreement with First Florida Bank; to be replacements for the Nursery and
Public Service Divisions. (CS)
Item #41 - Victorian Light Poles (18) - Beacon Products, Tampa, FL for $8,514.00; to be
used to complete the restoration project which has been underway at Coachman Park.
(PR)
Item #42 - Public Service Facility, Concrete Storage Bins (86-56) - Inter-City Construction
Corp. for $81,773.00; to be part of the new construction at the Public Service Complex at
1650 Arcturas Ave. used for storing ingredients for concrete, road maintenance materials
and broken concrete. (PW)
Item #43 - Water Distribution Materials - Davis Meter & Supply, Tampa.,for a total
estimated price of $21,736.70, for various types of materials as required during the period
5/11/87 - 5/10/88. (UT)
Item #44 - Installation of 2" Gas Main & Services - Gulfcoast Utility Constructors, Inc,
Clearwater, $17,928.00; for the installation of 7,200 feet of 2" gas main and fifty-one (51)
gas services, including tracer wire, jack and bores, air pressure testing, sod or asphalt
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replacement, and all cleanup work. The City will supply the gas-related materials. Job
location: Huntington Trace, Safety Harbor - Phase I and II. (UT)
Citizen & Staff Requests -- Approved
Item #45 - Clearwater Phillies Signs - Continued approval of second tier Advertising on top
of existing outfield wall at Jack Russell Stadium. (PR)
Item #46 - Harbor Oaks Historic District Survey Project Final Report entitled "Harbor Oaks,
A Historic and Architectural Survey and Preservation Plan" prepared by Florida
Preservation Services. (CM)
Plans & Plats - Approved
Item #47 - Preliminary Subdivision Plat for Chelsea West - located N of Union St. between
Soule Rd. and Second St E.; being a portion of the SW 1/4 of Sec. 32-28S-16E.
(Stevens Designer Homes) SUB 87-5 (PUD); subject to the following conditions: l) A
variance shall be requested of the Development Review Committee for the cul-de-sac
length in accordance with Sec. 133.032 of the Code; 2) Building setback lines from street
rights-of-way shall be shown on the plat; 3) Sidewalks shall be required along all street
rights-of-way; 4) Construction of walls shall require separate permitting and approval; 5)
Documentation from Florida Power shall be provided expressly authorizing the location of
retention within their easement; 6) A tree survey shall be provided for review by the
Development Review Committee; and 7) The plat shall not be certified prior to finalization
of the annexation (anticipated to be June 18, 1987).
Item #48 - Preliminary Site Plan for La Brava Business Center - located on the SW corner
of Calumet St. & Sunshine Dr.; Lot 18, Clearwater Industrial Park, Sec. 1-29-15 (Sunus
Corp.) (PUD) (PSP 87-10); subject to the following conditions: l) Floor area ratio must be
identified on the final plan; 2) Number of required parking spaces must be stated in
relationship to the applicable formula; 3) Parking lot interior landscape areas must be
delineated by crosshatching or shading on the final plan and must be expressed as a
percentage of the total paved area; 4) Front yard open space calculations must be
provided on the final plan; 5) Storm water detention is to be provided for the increase over
existing impervious area; 6) Driveway design must be revised as required by the Traffic
Engineer; and 7) Parking considerations to be addressed on the final plan include
provision for one loading space, provision of a total of 6 handicapped parking spaces with
appropriate ramp access and parking dimensions as required by Code.
Item #49 - Preliminary Site Plan for City of Clearwater Sanitation Complex located at the
NE corner of Harbor Dr. & Russell St.; being a portion of the NW 1/4 of the NE 1/4 of Sec.
10-29S-15E. (City of Clearwater) (PUD) (PSP 87-11); subject to the following conditions: l)
The placement of any new 6 ft. high fencing adjacent to public street rights-of-way will
require the approval of a variance prior to installation and 2) Landscaping be placed in
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accordance with Code requirements to buffer fences and satisfy interior landscaping
requirements for the parking lot.
Item #50 - Preliminary Site Plan for Bldg. #6, Jennifer Office Complex located on the E
side of US 19 N., S of Ken Marks Ford.; being a portion of the NW 1/4 of the NW 1/4 of
Sec. 5-29-16 (PUD) (Allen Davis Trustee PSP 87-13); subject to the following conditions: l)
Drainage retention requirements shall be subject to the approval of the City Engineer; 2)
Calculations shall be provided on the final plan for open space for the lot and front yard;
and 3) Maximum allowable floor area ratio shall be properly identified on the final plan as
0.5.
Receipt and Referral - Received and Referred to proper departments.
Item #51 - Petition for Annexation and RS-8 Zoning for a 0.2 acre parcel located on the W
side of West Dr. appx. 175 ft. N of Greenlea Dr.; Lot 9 & the S two feet of Lot 8, Suban's
Sub. Sec. 2-29-15 (Ignos) (PUD) A 87-19
Item #52 - Petition for Annexation and CG Zoning for a .32 acre parcel located on the S
side of Nursery Rd. appx. 275 ft. E of Belcher Rd.; M&B 33-03, Sec. 19-29-16.
(Magacos/Tagaras) (PUD) A 87-20
Item #53 - Land Use Plan Amendment from Low Density Residential to Recreation /Open
Space & a Zoning Amendment from RS-6 to OS/R for a 1.4 acre parcel located at the W
end of Hoyt Ave. adjacent to & N of the Eddie C. Moore Recreation Complex; M&B 33-02,
SW 1/4 Sec. 9-29-16 (City) (PUD) LUP 87-13 Z 87-8
CITY ATTORNEY
Deeds & Easements - Approved
Item #54 - 40 ft. wide easement for Public Utilities and drainage purposes and an ingress
and egress easement for refuse and garbage collections and City of Clearwater service
and utility vehicles being part of Sec. 8-29-16 (Automanage Inc., A Ohio Corporation)
Item #55 - 10 ft. Water Main easement lying 5 ft. each side of all water mains and meters,
but excluding any water mains that may lie under buildings or within 5 ft. of buildings and
an ingress and egress easement for refuse and garbage collections and City of Clearwater
service and utility vehicles lying in Sec. 5-29-15. (610 Island Way Development Corp.)
Item #56 - Drainage & utilities easement - part of Lot 12, Blk 1, Moase & Harrison Sub.,
Sec. 15-29-15. (Bennie Mae Rutledge by Edward J. Henry, Attorney-in-Fact)
Commissioner Regulski moved to approve the consent agenda as submitted. Motion was
duly seconded and carried unanimously.
(Book 39) 5/7/87
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X - Other Items on City Manager Reports
Item #57 - Preliminary Site Plan for 7-Eleven Food Store - located on the SE corner of
Drew St. & Myrtle St.; M&B 22.03, 22.031 & 22.04; Sec. 15-29-15 (c/o William C. Gregg III)
PSP 87-12 (PUD)
The site is currently zoned Urban Center, Eastern Corridor and located within the
Downtown Development District.
The property is proposed to be developed as a convenience store with gasoline pump
islands and a carry-out restaurant. One access point is proposed from Myrtle Ave. and one
from Drew St.
The Planning Director stated she had informed Southland Corp. of the Commission's
concerns regarding the access drive from Drew St. The Southland representative stated
they have no problem with relocating the driveway, but are concerned with traffic flow if a
left-hand turn is prohibited.
Keith Crawford, Traffic Engineer, stated that not allowing a left turn from Drew St. could
create a problem and would not be practical. The State has final authority on Drew St. as it
is a state road. Mr. Crawford stated, as a general rule, the access should be located as far
from the intersection as possible.
Commissioner Winner moved to review the preliminary site plan for 7-Eleven Food Store
and authorize review of a final site plan with final action by the DRC subject to the
following conditions: l) Signs are subject to separate review and permitting and should be
deleted from the site plan; 2) The dumpster must have a 12 ft. wide access; the fence
around the dumpster cannot exceed 6 ft. in height; 3) Parking space requirements shall be
stated in accordance with the applicable formula; 4) The Drew St. access be moved east
as far as possible while still allowing for green space requirements; and that the
appropriate officials be authorized to execute same. Motion was duly seconded and
carried unanimously.
Item #58 - Resolution 87-22, State Aquatic Plant Control Funds (PR)
For the past four years the City Commission has approved similar resolutions so that the
City could take part in the State Aquatic Plant Control program offered by the Dept. of
Natural Resources. This resolution needs to be updated for continued funding under this
program.
Since the City is responsible for aquatic control and has budgeted monies to fund a crew
for such work, it is advantageous to apply for this financial assistance. The grant will cover
a portion of the City's budget for aquatic plan control.
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Commissioner Winner moved pass and adopt Resolution 87-22 and authorize appropriate
officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #59 - DCA Post-Disaster Redevelopment Rule Agreement with the Florida
Department of Community Affairs (PW)
On August 7, 1986, the City Commission approved the selection of an option whereby the
City would formally agree with the DCA (Department of Community Affairs) to certain
measures designed to prevent or mitigate damage from disasters so that the City could
remain eligible for post-disaster Federal/State public assistance.
By a March 30, 1987 letter transmitting an amended Post-Disaster Redevelopment Rule,
the DCA offered a draft contract for execution by the City that would formalize the City's
agreement to adhere to the terms of the rule amended to l) Delete provisions for non-
political subdivision applicants; 2) Require political subdivisions to maintain no more than
the same capacity of public infrastructure when relocated, modified or replaced, unless
approved as part of a Public Law 93-288 mitigation plan; and 3) Delete requirements for
post disaster dwelling unit restrictions to be designed to maintain predisaster net
population densities in coastal areas. These changes make the Post Disaster Rule more
palatable.
To assure that the City remains eligible for post-disaster Federal and State assistance, the
City should ratify the contract agreement as soon as possible but not later than August 1,
1987. Public damage occurring from storm damage after August, 1987 will not be eligible
for assistance unless the contract is executed or until the hazard mitigation portion of the
comprehensive plan is completed in compliance with Rule, Chapter 9G-13 .
Commissioner Regulski moved to approve the execution of the Agreement with the Florida
Department of Community Affairs for Post-Disaster Redevelopment as called for by DCA
Post-Disaster Rule, Chapter 9G-13, Florida Administrative Code (FAC) and that the
appropriate officials be authorized to execute same. Motion was duly seconded and
carried unanimously.
Item #60 - Druid Road and Highland Avenue, Resolution 87-20 and Joint Maintenance
Agreement with Pinellas County. (TE)
The Florida DOT (Department of Transportation) scheduled a widening on Highland Ave.
at Druid Rd. using Federal funds. A Resolution and Joint Maintenance Agreement are a
requirement of Chapter 335.04(5) F.S. when Federal funds are involved in projects not on
(Book 39) 5/7/87
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state roads. Clearwater is responsible for maintenance of Highland Ave. and has already
executed its Agreement and Resolution.
Commissioner Regulski moved to pass and adopt Resolution 87-20 and approve the Joint
Maintenance Agreement and authorize the appropriate officials to execute same. Motion
was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #61 - Drew Street Widening - Coachman to US 19 (TX)
The developer of the shopping center on the N side of Drew St. W of US 19 has requested
that the $300,000 of Transportation Impact Fees derived from his project be spent to widen
Drew St. from Coachman Rd. to US 19. Staff contacted Pinellas Co. to learn whether such
a commitment is acceptable. Pinellas Co. has agreed to place this project in its upcoming
Capital Improvement Budget and coordinate the design with City staff. Pinellas Co. will
administer the project from preliminary engineering through construction as Drew St. is a
county road.
In view of the development of shopping centers on both sides of Drew St. along this
section, additional traffic attracted by the extension of Drew St. to McMullen-Booth Rd.,
and the fact that Drew and US 19 has been a high accident location in the City for the last
four years, it is appropriate to expedite this widening.
It is recommended that a CIP be established at mid year with $150,000 to be paid to
Pinellas County at the proper time in the schedule for this project.
Commissioner Winner moved to establish a CIP for widening Drew St. from Old Coachman
Rd. to US 19 and authorize staff to execute same. Motion was duly seconded and carried
unanimously.
Item #62 - Jazz Holiday Sponsorship Agreement with Chamber of Commerce for October
15-18, 1987 eighth annual Clearwater Jazz Holiday.
The City has been a sponsor of this festival in the past.
Funds for this event will need to be provided for in the 1987-88 budget.
Commissioner Nunamaker moved to approve the 1987 Jazz Holiday Agreement with the
Chamber of Commerce subject to the following conditions: l) Paragraph #4 to include
language regarding payment "not before October 1, 1987"; and 2) Contribution amount to
be the same as last year's at $5,000.00 and not the requested increase to $7,500.00 and
(Book 39) 5/7/87
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that the appropriate officials be authorized to execute same. Motion was duly seconded
and carried unanimously.
Item #63 - Community Relations Board Appointments (2 members) (CLK)
Commissioner Regulski moved to appoint Mary Engdahl in the "At-Large" category. Motion
was duly seconded and carried unanimously.
Commissioner Winner moved to appoint Robert Hellawell in the "Industrial Management"
category. Motion was duly seconded and carried unanimously.
Item #64 - Goals & Objectives of Clearwater Marine Science Center (PUD)
On May 2, 1985, the Commission endorsed expansion and improvement proposals for the
Center and agreed to a referendum to determine if the City should sell the Center site to
the Center for $1.00. The Commission also agreed to guarantee a maximum of $1,000,000
of the $1,405,000 loan made to the Center by The First National Bank of Florida for the
purchase of the Midway Boatel, Camden and Endeavor Yacht properties. The guarantee
was subsequently executed for a maximum amount of $1,000,000 and for a period not to
exceed 360 days. That guarantee expired in 1986. The referendum question was approved
authorizing the transfer of the City property to the Center. The State Legislature by special
act subsequently released the property from the reverter clause created by the 1925 Act
establishing the Memorial Causeway substituting a reverter to the City of Clearwater in the
event the property was not devoted solely to the expansion of the Center. The property
was conveyed to the Center on September 12, 1986.
The Center has adopted plans for the expansion and improvement of the facility as
originally envisioned and, in conjunction with its plans, is requesting the City to again
guarantee up to $1,000,000 of the debt it incurred for the purchase of properties involved
in the expansion.
Steve Carlisle, President of the Marine Science Center, presented the Marine Science
Center plans for remodeling the facility and stated the present plans will be more
appropriate to the surrounding residential area. The Center offers programs for education
and the requested City guarantee will be on the property housing administrative offices
and educational classrooms.
Dennis Kellenberger, Director of Operations for the Marine Science Center, stated during
his 10 years at the Center it has evolved into a first class research facility. The Center is
attempting to become an accredited educational institution; if this is accomplished, there
will be a need to expand the current staff.
Discussion ensued regarding what properties the loans are on and the confusion regarding
the former plans to become the Florida Aquarium. Mr. Carlisle explained the Florida
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Aquarium is now completely separate from the Marine Science Center and there will be no
competition as the Center is for education not entertainment, whereas the Florida
Aquarium will be a tourist attraction.
There is one property being foreclosed on at this time which is the former Seaspire
property. It will either be sold or auctioned within the next couple of weeks.
Question was raised regarding the amount the Center is in arrears on interest payments.
Mr. Carlisle admitted the financial condition of the Center is not the healthiest at this time;
however, the unnecessary properties will be disposed of. In order to get the Center back
on good financial footing, they intend to do a great deal of fund raising during the next year
that they are requesting the City guarantee, and will be kicking off a membership campaign
and working with local institutions to come up with a new financing package.
The City Attorney stated in order not to go to referendum, the backing would need to be for
one year or less and $1,000,000 or less.
Seven citizens spoke in support of the City's guarantee of the $1,000,000 for the Marine
Science Center emphasizing the research and educational advantages of the facility, its
contributions to the community, and its disassociation from the Florida Aquarium.
Seven citizens spoke in opposition to the City's guarantee citing concerns with the
additional tax burden and the unsound financial condition of the Marine Science Center.
The City Manager stated the Budget Advisory Committee has made the recommendation
that no action be taken until the Commission has an opportunity to meet with the
Committee. Discussion ensued regarding the good principles of the Marine Science
Center, but concerns were expressed by the Commission regarding the Center's financial
status. The consensus was the Commission did not have sufficient information to make a
decision on the $1,000,000 guarantee.
Commissioner Nunamaker moved to continue Item #64 to the meeting of May 21, 1987 in
order to obtain additional information to make a prudent decision and to give the Center
additional time to establish public relations with the surrounding community. Motion was
duly seconded and carried unanimously.
The City Attorney requested copies of all notes and mortgages and the agreement with
First Florida Bank be provided to the Legal Dept.
Commission recessed from 8:47 to 9:02 p.m.
Item #65 - Amendment to Final Judgement for Island Walk Condominium (PUD)
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On April 24, 1980 a final judgment was entered to settle a disputed claim between Field
Construction Assoc., Inc. and the City of Clearwater. The judgment stipulates that a
maximum of 352 units could be constructed on the total property now known as Island
Walk Condominium on Island Estates as long as required setbacks are met, that the
parking ratio would be 1.25 spaces per unit, and building height would be permitted at 85
feet above existing grade.
Paragraph 5 provided that the developer would have vested rights in the site plan which
reflected these additional provisions for a period of seven years, or until April 24, 1987.
At this time, one phase of the total four phase project has been completed and one phase
is under construction, providing for a total of 165 units. Remaining to be constructed under
the terms of the final judgment are 187 units. If the City Commission does not consent to
amend the time limitation of seven years provided for in the judgment, the two remaining
vacant parcels could be developed under the present zoning of RM-28 and the
requirements of the current land development regulations. This would allow from 144 to
156 units to be developed depending upon final net acreage available for contributing to
density calculations.
Consideration of an 18 month extension to complete the entire Island Walk project at the
level of 352 units resulting in an overall gross density of 31.6 units per acre is being
requested. Denial of the request would result in an overall gross density on the four
phases of 28.8 units per acre.
Carlton Ward, Attorney representing the developers, stated that at the meeting of April 16,
1987, the developer requested an extension of the stipulation which expired on April 24,
1987. The City Commission granted the developer permission to construct 57 units rather
than the requested 59 or 60.
Mr. Ward stated they are now requesting that the 59 units be permitted as the building will
be the same size whether it is 57 or 59 units. The only difference will be the size of the
atrium in the center of the building.
Island Walk Condominium is bordered by a 60 foot right-of-way. Mr. Ward stated if the City
should relinquish title to the right-of-way the developer would have the amount of land
needed to permit construction of 59 units.
The Planning Director stated the Commission should consider what they are trying to
achieve on Island Estates. The purpose of the RM-28 zoning is to limit the density of
development.
Commissioner Regulski moved to deny the request for reconsideration of this Item. Motion
was duly seconded and carried unanimously.
(Book 39) 5/7/87
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Item #66 - Local Option Gas Tax Interlocal Agreement with Pinellas County (CM)
Pinellas County previously adopted a four cents per gallon Local Option Gas Tax for a ten
year period. Agreements were approved by the cities for distribution of the proceeds of the
first five years of the tax. The County is now seeking approval of the distribution of the
proceeds of the second five years of the tax and an additional two cents per gallon for ten
years. Distribution of the tax is similar to the previous distribution except that it will be on
an "as collected" basis rather than in a lump sum.
Only one major project, the 49th Street Bridge, is identified in the Agreement. This is to
receive one of the additional two cents ($36,106,000).
Clearwater is scheduled to receive $4,167,740 as follows:
86/87 $ 8,683 90/91 $493,055 94/95 $553,601
87/88 100,157 91/92 534,212 95/96 558,954
88/89 108,484 92/93 542,776 96/97 562,641
89/90 108,603 93/94 548,486 97/98 47,818
The City Manager stated letters for and against this issue have been received by the City
Manager's office.
The agreement with Pinellas County regarding the gas tax does not specify proposed
projects.
Two citizens spoke in support of constructing the 49th St. Bridge and the connection with
McMullen Booth Rd. to relieve the congestion on US 19.
Two citizens spoke in opposition to the proposed 49th St. Bridge connection with McMullen
Booth Rd. stating Pinellas County's need for a north/south artery could be accomplished
by double-decking US 19; and the severe impact on the ecology of Tampa Bay would
make the 49th St. Bridge an unfeasible solution.
Discussion ensued regarding the advantages and disadvantages of the proposed 49th St.
Bridge and the double-decking of US 19.
Commissioner Regulski moved to approve the Interlocal Agreement with Pinellas County
establishing distribution of proceeds from the Local Option Gas Tax and to attach a copy
of Resolution 86-3 designating McMullen Booth Rd. as a traffic and scenic corridor and
that the appropriate officials be authorized to execute same. Motion was duly seconded
and carried unanimously.
XI - Other Pending Matters - None.
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XII - Verbal Reports - None
XIII - First Reading Ordinances
CITY ATTORNEY REPORTS
Item #67 - Ordinance 4378-87 - Vacating the W 1/2 of Madison Ave right of way, Running
N & S off N. Pine St. & Between the N line of Block Bl and the S line of Block B3, Maryland
Sub. (Loken) V 87-1
The City Attorney presented Ordinance 4378-87 for first reading and read it by title only.
Commissioner Winner moved to pass Ordinance 4378-87 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #68 - Ordinance 4379-87 - Vacating a certain alley running E & W between Bay St.
and Meadow Lark Lane and lying in Block 3, Bayview City Sub (Sutherin PH 3/19 V87-2)
The City Attorney presented Ordinance 4379-87 for first reading and read it by title only.
Commissioner Winner moved to pass Ordinance 4379-87 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #69 - Ordinance 4392-87 - Amending Ord. 2084 which granted franchise to Vision
Cable, to delete requirement of security communications system.
The City Attorney presented Ordinance 4392-87 for first reading and read it by title only.
Commissioner Winner moved to pass Ordinance 4392-87 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
XIV - Resolutions
Item #70 - Resolution 87-19 Assessing Real Property the costs of demolition in removing a
dangerous structure (Sitton)
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Commissioner Winner moved to pass and adopt Resolution 87-19 and authorize the
appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote
was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
Item #71 - Resolution 87-21 Requesting the Pinellas Planning Council to Designate
Edgewater Drive from Sunset Point Rd to Union St as a Scenic/Noncommercial Corridor
on the County Land Use Plan.
Commissioner Nunamaker moved to pass and adopt Resolution 87-21 and authorize the
appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote
was:
"Ayes": Berfield, Regulski, Nunamaker, Winner and Garvey.
"Nays": None.
XV - Other City Attorney Items
The City Attorney stated the City received a 16.25 foot right-of-way easement for Madison
Ave. from the Marcionettes by the conveyance of a warranty deed dated August 18, 1986.
This has caused a cloud on the title as someone is interpreting this as preventing access
to the property by the property owners. The property owners are now requesting the City
execute a quit-claim deed for the 16.25 foot strip in exchange for a right-of-way easement.
Commissioner Nunamaker moved to approve the execution of the quit-claim deeds and
that the appropriate officials be authorized to execute same. Motion was duly seconded
and carried unanimously.
XVI - Other Commission Action
Mayor Garvey requested that a Land Development Code amendment update and
Commission rules be scheduled for work session discussion.
XVII - Adjournment
The meeting adjourned at 10:00 p.m.
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