10/01/1987CITY COMMISSION MEETING
October 1, 1987
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, October 1, 1987, at 6:04 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
Shirley A. Corum Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William Baker, Public Works Director.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
5 service pins were awarded to City employees.
IV - Introductions and Awards
Proclamation: Jewish War Veteran's Week - November 9-15, 1987.
V - Minutes of the Regular Meeting of September 17, 1987
Commissioner Nunamaker moved to approve the minutes of the meeting of September 17, 1987 as recorded and submitted in written summation by the Clerk to each Commissioner. Motion was
duly seconded and carried unanimously.
VI - Presentations - None.
VII - Citizens to be heard re items not on the Agenda
John Walton, of the Gas Division, gave tribute to the City Manager, Anthony Shoemaker, and presented him with a plaque from City employees.
Joanne Farrugia cited concerns regarding litter left by fishermen on Sand Key Bridge; the slow speed limit on the bridge; and the completion of the pedestrian/bicycle paths along Memorial
Causeway.
VIII - Pension Ordinance Rewrite
Miles Lance, Assistant City Attorney, discussed the draft ordinance. It may be possible to withdraw people from social security and place them under the pension plan, but there may be
problems with retroactivity.
In response to questions, he stated the EEOC has declared the 45 year old age limit illegal; but he feels the requirement is defendable. There has also been a suggestion that since the
City pays more money into the pension plan than it does into social security, this is not equitable. The EEOC has indicated they are not looking into anything beyond the past two years.
The City Attorney stated if the election is scheduled for December 15, 1987, final reading and adoption of the Ordinance must be by November 5th in order to meet State advertising requirements.
He suggested they schedule second reading
and adoption of the Ordinance for the Special Meeting scheduled October 29th. If there is some difficulty with the Ordinance, it can be resolved by the regularly scheduled meeting of
November 5th.
Commissioner Berfield stated he would like to see cost figures on the City's obligation should admission to the pension be retroactive.
Commissioner Winner requested the information prepared by the Assistant City Attorney be sent to the Pension Rewrite Committee.
Jack Marsh, President of Clearwater Retirees Association, felt the figures submitted by Ogle and Waters were not accurate.
One City employee requested all employees 45 and older be notified of the Special Work Session on October 12th to give their input. He also felt employees should be given the option
to buy back time into the pension.
It was the consensus of the Commission to solicit input from employees and discuss at the Special Work Session on October 12, 1987.
IX - Public Hearings
Item #9 - Petition for Annexation and RS-8 Zoning for a .2 acre parcel located on the N side of John's Parkway approx. 800 ft. W of Bayshore Blvd.; M&B 21.14, NW 1/4 Sec. 16-29-16 (Cummings)
A 87-31 (PUD)
A single family residence is proposed for the property. The recreation facility fee has been paid and City water and sewer service are available.
Commissioner Berfield moved to approve the requested annexation and 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 #10 - Petition for Annexation, OL Zoning and a Land Use Plan Amendment from Low Density to Residential/Office for a .16 acre parcel located at the NW corner of the intersection
of Alemanda Dr. and Belcher Rd.; Lot 1, Sunset Gardens Sub., S 1/2 Sec. 24-29-15 (Dust) A 87-32, LUP 87-22 (PUD)
Michael Dallman, representing the applicant, stated the applicant has been operating a photography studio under the County's home occupation ordinance. He showed a slide presentation
of other uses in the area which consist primarily of office and commercial uses. He feels the parking is adequate for the proposed use and the only change would be additional signage.
The Planning Director reported conversion of the existing single family residence to an office use is planned. The Planning and Zoning Board had a split vote on this matter. The denial
of the zoning was based on the concept they have tried to maintain in this area. The lot is adjacent to school property and there is concern that rezoning to OL will set a precedent
and create parking problems.
Commissioner Regulski moved to approve the requested annexation and a zoning designation of RS-8 and to deny the OL zoning and land use plan amendment on the subject property and to
direct the City Attorney to include this in an ordinance. Motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski and Mayor Garvey voted "aye"; Commissioners
Nunamaker and Winner voted "nay". Motion carried.
Item #11, (Contd. from 9-17-87) - Public Hearing & First Reading Ordinance 4420-87 - Amendment to the Code of Ordinances relating to Alcoholic Beverages Creating Secs. 72.11 through
72.18; Amending Sec. 136.024 and Repealing Secs. 72.01 through 72.10 and 136.025(C)(l) and (2)(LDCA 87-9)
(PUD)
Commissioner Berfield moved to continue first reading of Ordinance 4420-87 to the meeting of October 15, 1987. Motion was duly seconded and carried unanimously.
Item #12, (Contd. from 9-17-87) - Second Reading, Ordinance 4469-87 - Vacating a 3 foot Utility Easement lying along the N side of lots 3, 4 & 5 and lying along the S side of Lots 3,
9 & 10, Blk. A, Gunn's Addition Sub. (SDS Investments) V 87-08
The City Attorney presented Ordinance 4463-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4469-37 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #13 - Second Reading, Ordinance 4463-87 - Relating to Sign Regulations; Amending Sec. 134.015(b), Code of Ordinances, to provide that a nonconforming sign consisting of a sign painted
on a fence or 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 of the property is acquired through the exercise of the power of eminent domain, if
the relocation is necessary to reduce the acquisition costs of the property.
The City Attorney presented Ordinance 4453-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4453-87 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #14 - Second Reading, Ordinance 4472-87 - Amending the Land Use Element to Change the Land Use Designation from Commercial/Tourist Facilities to Public/ Semi-Public for a parcel
located at the SW corner of the intersection of Royal Way and Poinsettia Ave.; the N 100' of Lot 9, Blk. B, Mandalay Unit 5 Replat of Blk. 85, Sec. 5-23-15 (Euler, H.C. Jr. & H.F.) LUP
87-15, Z 87-11.
The City Attorney presented Ordinance 4472-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4472-87 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #15 - Second Reading, Ordinance 4473-87 - Zoning Atlas Amendment from Resort Commercial-24 (CR 24) to Public/Semi-Public (P/SP) by rezoning property described in Ordinance 4472-87
(Euler, H.C. Jr. & H.F.) Z 87-11, LUP 87-15.
The City Attorney presented Ordinance 4473-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4473-37 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #16 - Second Reading, Ordinance 4487-87 - Relating to the Land Development Code Amending Sec. 135.157 to add certain use limitations applicable to outdoor electrical facilities
and Public Works projects in the Public/Semi-Public district, and to amend a cross-reference relating to alcoholic beverage sales.
The City Attorney presented Ordinance 4487-87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4487-87 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
CITY MANAGER REPORTS
X - Consent Agenda - Approved as submitted less Item #34.
Agreements - Approved.
Item #17 - School Resource Officer Contract Renewal between City of Clearwater and School Board of Pinellas County; City to be reimbursed $20,258 per officer by the School Board; officers
to provide instruction in law education, conduct investigations, provide security and maintain the peace and provide support services as necessary (PD).
Bids & Contracts - Approved.
Item #18 - Computer Maintenance, Fleet Administration - Award contract to Diagonal Data Corp., Lakeland, for FY '87/88, estimated cost - $1,789.00 monthly, total $21,468.00 (CS).
Item #19 - Microfiche Services - Award contract to purchase from NCR Corp., Clearwater for FY '87/88, estimated $10,570.00; service for the conversion of main frame computer tape to
microfiche for storage and retrieval (CS).
Item #20 - Vehicle Lubrication & Inspection Contract - Award contract to Lube Stop of Florida, Clearwater for FY '87/88, estimated $23,456.00 (CS).
Item #21 - Annual Reproduction Paper Supply - Award contract to Xerox CorD.. Tampa for FY '87/88, estimated $18,755.00 (CS).
Item #22 - Uninterruptible Power Source, Library - Award contract to purchase (l) Power System, 7.5 KVA, with battery backup to Communications Leasing, Dunedin, $9,645.00 (LIB).
Item #23 - Soft Drink Vending Service - Award revenue contract to St. Petersburg Coca Cola, estimated revenue to the City for FY '87/88 at $9,000.00 (PR).
Item #24 - Annual Pesticide & Herbicide Requirements - Award contract to purchase from Southern Mill Products, Inc., Tampa for FY '87/88, estimated cost of $ 21,000.00 (10 chemicals)
(PR).
Item #25 - Annual Pesticide & Herbicide Requirements - Award contract to purchase from Helena Chemical Company, Palmetto, FL for FY '87/88, estimated cost $8,000.00 (7 chemicals) (PR).
Item #26 - Police Communications System Maintenance Services - Award contract to Motorola Communications & Electronics Inc., Tampa for FY '87/88 for $4,350.00/month, estimated total
$58,200.00 (PD).
Item #27 - Pinellas County Criminal Justice Computer Information System Upgrade - Award contract to Harris Lanier, Tampa for hardware at $7,365.00 and hardware maintenance at $504.00
for a total $7,869.00 (PD).
Item #28 - Photographic Supplies for Police Department - Award contract to purchase from Southern Photo & News, Tampa for FY '87/88 for an estimated $8,388.73 (PD).
Item #29 - Clearwater Executive Airpark Grass Mowing - Award contract to Caladesi Landscaping of Dunedin, for FY '87/83 for an estimated $18,394.00 (PW)
Item #30 - Enslag, 900 tons - Award contract to purchase from Apac-Alabama, Birmingham, AL for FY '87/88 at $45.88/ton delivered for an estimated total $42,292.00; used to repair pot
holes, low spots and cuts made to gain access to water, sewer etc. (PW).
Item #31 - Flomatcher Model S-2000 Control System - Award contract to purchase from Flomatcher, Tampa, estimated cost $7,980.00; required for the Marshall Street Water Pollution Facility
to replace existing 15 year old device. (PW).
Item #32 - Polymer - Award contract to purchase from Allied Colloids, Clearwater, at $1.35 per pound for FY '87/88, estimated total $50,966.00 (PW).
Item #33 - Water Main House Service Relocation - Award contract to Suncoast Plumbing, Clearwater, to relocate 7,500 linear feet of water main in conjunction with Phase III Water Main
Relocation Project for an estimated $16,445.25 total ( PW) .
Citizen & Staff Requests - Approved less Item #34.
Item #34 - See page 6.
Item #35 - Long Term Disability Income Insurance for Social Security Participants - Accept the proposal of N. American Life Insurance Company in the amount of $4,343.00 per month (based
upon a cost of $.88 per hundred dollars of payroll) to provide Long Term Disability Income insurance for regular employees being provided Social Security benefits by the City; said proposal
being the lowest and best proposal submitted meeting City requirements (CM).
Item #36 - Jazz Holiday, October 15-18, 1987, Coachman Park - Waive City Fees as the City is a co-sponsor of this event (CM).
Item #37 - Special Election, December 15, 1987 and Opening of Absentee Ballots - Direct the City Clerk to prepare for and conduct such election and be authorized to hire the necessary
election boards and compensate the pollworkers in a manner commensurate with Pinellas County and authorize the Supervisor of Elections to open absentee ballots any time after 7:00 a.m.
Election Day (CLK).
Leases - Approved.
Item #38 - Clearwater Beach Seafood, Inc. Approve amendment to Lease Agreement to allow the lessee to extend the hours of his first-floor raw bar restaurant (CM).
Plans & Plats - Approved.
Item #39 - Preliminary Site Plan for Knight Dental Studio, Inc. (Addition) located on the N side of Sunnydale Blvd. approx. 430 ft. W of Belcher Rd.; the E 135 ft. of the W 130 ft. of
Lot 3, Clwr. Industrial Park Replat, Sec. 1-29-15 (Chevalier, Albert J. and Warner, Robert - A Partnership) PSP 87-31; subject to the following conditions: l) Signs and fencing are subject
to a separate review and permitting process; 2) For the purpose of determining parking, the number of employees should be indicated, prior to D.R.C. review; 3) The location of utili ties
serving the site shall be shown on the site plan; 4) Calculations provided for parking lot landscaping and buffering should be addressed for the entire parking lot; and 5) Efforts be
made to relocate the dumpster away from the resi dential property to the N so as to provide a proper buffering of noise associated with dumpster pick-up and hours of such pick-ups. (PUD).
Item #40 - Preliminary Site Plan for Clipper Cove (Multi-Family Development) located on the N side of Dory Passage between Island Way and Larboard Way, S of Starboard Tower Clipper Cove
Condos; M&3 12.01, Sec. 8-29-15 (David T. Chase) PSP 87-32; subject to the following conditions: 1) Signs and fencing shall be subject to separate review and permitting processes; 2)
The name of the site plan shall be altered to clearly distinguish this development from the existing (Starboard Tower) Clipper Cove property abutting this site to the north; 3) The proposed
carport structures shall be in accordance with setback requirements of Section 135.069 for the RM-28 zoning district or a variance must be obtained prior to final site plan review by
the D.R.C.; 4) The width of the parking spaces under the proposed carport shall each have a minimum clear distance of 9 feet; 5) Easements must be provided for proposed private drives
across the abutting property; and 5) The location and size of the trash container(s) shall be shown on the site plan prior to D.R.C. review (PUD).
Receipt & Referral - Received and referred to proper departments.
Item #41 - Amendment to Section 137.005, Land Development Code to Redefine "Sign", LDCA 87-13 (PUD).
Item #42 - Amendment to Section 136.025(c)(10), Land Development Code to Establish the basis for Determining the Density of Congregate Care Facilities, LDCA 87-14 (PUD).
City Attorney
Deeds & Easements - Approved.
Item #43 - 10 Foot Water Main Easement lying 5' each side of all water mains up to and including all hydrants and meters, excluding any water mains that lie under buildings or within
5' of buildings and an Ingress and Egress Easement for refuse and garbage collections and City service and utility vehicles all lying within a portion of the SW 1/4 of the SW 1/4 of
Sec. 4-29-16, containing 4.530 acres more or less (The Babcock Company).
Commissioner Berfield moved to approve the Consent Agenda, less Item #34, and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously.
Item #34 - Selection of Consultant for the Development of a Master Plan for the Clearwater Executive Airpark - Authorize negotiations with Greiner Engineering for development. If not
successful, enter into negotiations with other firms in the following order: The LPA Group, Inc.; Reynolds, Smith and Hills; Kimley-Horn and Associates, Inc. (PW).
It was requested that the firm selected be informed the Commission does not want any night flying. Concern was expressed that if lights are
installed, there will be a temptation for night flying. It was stated the lights would be for emergency use only and would be activated by radio control. There was some question as to
how this would be enforced. The City Manager stated they would discuss ways of controlling use of the lights with the consultant. The consul tant will be asked to look at all aspects
and the Commission will have final approval of their proposal and can eliminate any portions that are contrary to their desires.
It was the consensus of the Commission that the consultant be informed the Commission is not in favor of night flying or any condition that invites night flying.
Commissioner Berfield moved to approve negotiations with the operating rules and regulations for the airpark being made a part of the proposal request. The motion was duly seconded and
carried unanimously.
XI - Other Items on City Manager Reports
Item #44 - Preliminary Site Plan and Preliminary Subdivision Plat for The Vinings at Countryside located at the SW intersection of McMullen-Booth Rd. and Allen Ave.; Imperial Pines Condo.
Plat, Phases III, IV, VI, VII & VIII, Parcel C, Sec. 23-28-15 (CTSF Properties, Inc.) PSP 87-4, SUB 87-3 (PUD).
*Amended
The proposed 320 unit multiple family development is planned on the N portion of the 28.40 gross acre site previously site planned as Imperial Pines Condominiums. The original approval
was for 532 total residential units at 20.35 units per net acre (zoned RM-24, max. density permitted would have been 627 units). The southerly 12.27 gross acre M.O.L. portion of the
site is currently developed with 216 condo. units. According to staff's calculations, the property could be subdivided as proposed while maintaining compliance with permitted RM-24 density
(the southerly existing 216 unit development would have a density of approximately 19.15 units per net acre and the north portion of the site to be developed with 320 units would have
a density of approximately 23.3 units per net acre). Sixteen residential buildings are to be constructed with a maximum building height of 33.5 feet.
The proposed subdivision plat will be a replat of Phases III, IV, VI, VII and VIII, Parcel C, Imperial Pines Condo. According to a revision on the City's Atlas maps, this portion of
the condo plat has been vacated.
In response to concerns of nearby residents, the orientation of the parking on the west side will be parallel parking which will keep automobile lights from shining into the single family
homes. No median cut on McMullen-Booth Rd. is planned and only a portion of Allen Ave. will be improved.
The Planning Director stated the Traffic Engineer opposes a cut on McMullen Booth Rd. but she questions why there couldn't be a cut limited to right turn in and right turn out only.
Acceleration and deceleration lanes have already been provided for.
Carlton Ward, attorney representing the applicant, stated the applicant has revised the site plan to incorporate the changes to the parking and entrance. There will be a solid wall built
between the subject property and Northwood Estates that will aCt as a buffer, even during construction. They will attempt to save as many trees as possible.
Jackie Nicholson, President of the Homeowners Association, stated the Homeowners Association has no objection to the development if the following items are addressed: no buildings higher
than two stories on the west side of the property, a 100 foot setback be provided, a 35 foot
buffer between parking and the property line, and two foot high berms within the 35 foot green space.
The Planning Director stated, in her opinion, it is destructive to put in berms where there is a lot of vegetation and foliage. Originally the berms were to screen headlights from the
adjacent single family homes, but with the proposed parallel parking, they may not be necessary.
* It was Commission consensus that berms not be used unless necessary for
screening, and the native vegetation and foliage be preserved.
Commissioner Nunamaker moved to authorize review of the revised preliminary plan and preliminary subdivision plat for The Vinings at Countryside and authorize review of a final site
plan and preliminary plat with final action by the DRC subject to the following conditions: l) Signs shall be subject to a separate review and permitting process; 2) The applicant shall
submit a site plan for the southerly existing developed portion of the Imperial Pines Condo. property which indicates compliance with City codes (e.g. drainage, parking, density, etc.)
on that portion of the site and which will, therefore, guarantee to the City that each of the two sites will be able to stand on its own for development purposes, prior to D.R.C. review;
3) All dimensions need to be shown on the site plan indicating building locations in relation to property lines and to adjacent buildings, prior to D.R.C. review; 4) The location of
the sanitary sewer along the north side of the property must be discussed with Public Works prior to D.R.C. review; 5) The right-of-way easement located adjacent to McMullen Booth Rd.
should be dedicated as right-of-way prior to the issuance of a building permit; 5) The site plan (and site plan data) shall be revised to be in compliance with the fifty (50) percent
front yard open space requirement of Sec. 135.063 and that the appropriate officials be authorized to execute same. Notion was duly seconded and carried unanimously.
Item #45 - Preliminary Site Plan for City of Clearwater Center Foundation located on the E side of Belcher Rd., approx. 325 ft. N of Range Rd.; a portion of M&B 22.01, Sec. 7-29-16 (City
of Clearwater) PSP 87-34 (PUD).
This 15.37 acre M.O.L. property was recently purchased by the City. A complex is proposed to be developed on the parcel providing services to Clearwater for Youth, the City of Clearwater
Recreation Dept. and the Upper Pinellas Association for Retarded Citizens. Facilities to be provided on site include an administration office, education and training facilities and recreation
facilities.
One two-story building containing 147,000 square feet will house the facilities. Access is proposed at one point off Belcher Rd.
The Traffic Engineer stated it would be a one-way circular drive which is acceptable.
Commissioner Winner moved to review the preliminary site plan for City of Clearwater Center Foundation and authorize review of a final site plan with final action by the D.R.C. subject
to the following conditions: l) Signs and fencing shall be subject to separate review and permitting processes; 2) Required drainage easements shall be provided prior to construction
on the site; 3) All information required by Section 137.010 must be provided on the site plan and that the appropriate officials be authorized to execute same. Motion was duly seconded
and carried unanimously.
Item #46 - Cleveland Street Tree Program - Regarding placement of trees on Cleveland St. between Ft. Harrison & Myrtle Aves. (PR).
An Agreement between the State of Florida DOT and the City of Clearwater
was entered into on June 11, 1987 covering the planting of trees and the placement of sidewalk furniture on that portion of S.R. 60 (Cleveland St.) from Ft. Harrison Ave. to Myrtle Ave.
The particular landscape plan approved by the State is similar to the Streetscape that was installed several years ago between Osceola and Ft. Harrison Aves.
Since receiving approval of the Agreement from the DOT, staff has learned that some opposition exists to the planting of shade trees. In an attempt to determine the amount of opposition,
representatives of the Parks and Recreation Dept. met with the Clearwater Downtown Assoc. and the Downtown Development Board. At the first meeting of the Clearwater Downtown Assoc.,
the Association voted in favor of shade trees 13 to 1. At a subsequent meeting with the Downtown Development Board, the Board's vote was split with 3 persons voting in favor of shade
trees and 3 in favor of palms.
The Parks and Recreation Director and the City's Landscape Architect recommend the plan as submitted to the DOT. This plan calls for the planting of a variety of shade trees including
oaks, sycamores, sweetgums, holly, etc. This variety of trees was selected to provide an attractive contrast of trees along the street and to prevent a single species such as oaks from,n
being killed should a particular disease be encountered.
Opposition to shade trees seems to center primarily on leaves having to be swept from the sidewalk and the crowns of the trees blocking or partially blocking the view of some business
signs.
There is some concern regarding the possibility of trees getting so large that they will eventually interfere with buildings or sidewalks by vast root systems. Staff is recommending
a relatively new concept of planting all trees in "grow bags" which then should be able to be removed from the sidewalk after four or five years with little damage occurring to the trees.
These trees would then be relocated in parks where they would have unlimited growth potential and they would be replaced by other trees currently being grown in the City's tree farm.
Mayor Garvey suggested if a property owner had a strong objection to the trees, they should not be placed in front of that particular property.
Commissioner Regulski moved to approve Staff's recommendation to plant a variety of shade trees and that the appropriate officials be authorized to execute same. Motion was duly seconded
and carried unanimously.
Commission recessed from 8:09 to 8:19.
Item #47 - Philadelphia Phillies - Amendments to Lease Agreements at Carpenter Field and Jack Russell Stadium (PR).
Presently, the Philadelphia Phillies and the City have two Agreements regarding spring training. The agreement for the use of Jack Russell Stadium was entered into on October 13, 1984
with a minimum term ending date of December 31, 1988. The term could be automatically extended on a year to year basis through December 31, 2000, unless the club decided to terminate
it with sixty days written notice. The agreement for Carpenter Field Baseball Complex was entered into on January 23, 1987. The initial term of this agreement also ends on December 31,
1988 with one year extensions through December 31, 2000.
On September 15, 1987, Mayor Garvey, the City Manager and the Parks and Recreation Director visited with Mr. Bill Giles, President of the Phillies, to discuss the continuation of the
Phillies spring training in Clearwater. Mr. Giles consented to a five year extension which will run to December 31, 1993 in exchange for $500,000 worth of improvements to facilities.
Staff recommends a loan of $500,000 be arranged at this time so
improvements can commence in a timely fashion. In addition to the preparation of plans and specifications, a variance will be sought from the Development Code Adjustment Board for an
8' fence to be placed around the proposed site of improvements.
Financing may be arranged through one of the various municipal loan pools at current favorable interest rates. Payback of the loan may come from a combination of sources including appropriate
Recreation Facility impact fees, interest generated by these fees and, as needed, interest from the Special Development Fund.
The City Manager stated Mr. Giles was very agreeable to signing the amendments but expressed an interest in astro turf being installed on the infield at Jack Russell Stadium. If the
City were willing to pay for the astro turf, Mr. Giles would agree to a five year lease plus an additional three years. If the City did not feel they wished to expend the monies for
the astro turf, Mr. Giles would agree to a five year lease and possibly install the astro turf at the Club's own expense.
There was discussion regarding the amount of money that is spent by visitors and whether it would be a good investment for the City to install the astro turf in order to ensure that
the Phillies would remain in Clearwater for at least eight years.
One Commissioner suggested additional stadium seating rather than the astro turf. There was a question regarding the life of the astro turf, and it was stated to be five to ten years.
If the Phillies put in the astro turf, the City would benefit even if the Phillies left Clearwater.
Commissioner Berfield moved to approve the requested amendments to the Agreements for the Philadelphia Phillies Spring Training at Carpenter Field and Jack Russell Stadium and to bring
the astro turf item back at the next meeting and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously.
Item #43 - Preliminary Site Plan for (Improvements to) City of Clearwater Jack Russell Stadium (Philadelphia Phillies Baseball Team) located on the E side of Stadium (Phillies Dr.) between
Seminole and Palmetto Sts.; Blks. A & D, New Country Club Addn., Sec. 10-29-15 (City of Clearwater) PSP 87-33 (PUD).
The City proposes the following improvements to the Jack Russell Stadium: 1) Pavement removal of Missouri Ave. between Seminole and Palmetto Streets; 2) Practice Infield; 3) Two enclosed
batting tunnels; 4) An 80 space parking lot; 5) Eight foot high chain link fence with windscreen to be erected along the perimeter of the practice infield, batting tunnels and parking
lot.
These improvements are being made for the Philadelphia Phillies Baseball Team. No new point of access is proposed.
The vacation of a portion of Missouri Ave. was discussed and the Planning Director recommended vacation as the City would still own the property. It was stated the extension of Missouri
Ave. would not occur for at least ten years; and the County has advised it would not be necessary to amend the land use plan.
Commissioner Regulski moved to authorize review of a final site plan for Jack Russell Stadium improvements with final action by the D.R.C. subject to the following conditions: 1) The
site plan shall be drawn in accordance with the content requirements of Section 137.010 of the Land Development Code prior to D.R.C. review; 2) Signs and fencing shall be subject to
separate review and permitting processes; 3) The status of the portion of Missouri Ave. right-of-way between Seminole and Palmetto Streets must be addressed prior to construction of
the improvements and that the
appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously.
Item #49 - Airpark Authority Appointment (1 member) (CLK).
Commissioner Nunamaker moved to appoint Bob Bickerstaffe. Motion was duly seconded. It was pointed out it has been Commission practice to reappoint anyone who is eligible for reappointment.
Upon the vote being taken, Commissioners Nunamaker, Winner, Regulski, Berfield and Mayor Garvey voted "nay". Motion railed.
Commissioner Regulski moved to reappoint D.F. "Buzz" Heuchan, Jr. Motion was duly seconded and carried unanimously.
Item #50 - Clearwater Housing Authority Appointment (1 member) (CLK).
Commissioner Winner moved to reappoint Ernest L. Carson. Motion was duly seconded and carried unanimously.
Item #51 - Beautification Committee Appointments (2 members) (CLK).
Commissioner Berfield moved to reappoint Robert Bickerstaffe. Motion was duly seconded and carried unanimously.
Commissioner Winner moved to appoint Virginia Watson. Motion was duly seconded and carried unanimously.
Item #52 - Clearwater Health Facilities Authority Appointments (2 members) (CLK).
Commissioner Regulski moved to reappoint C.J. Wollett and Ruth Condon. Motion was duly seconded and carried unanimously.
Item #53 - Library Board Appointment (1 member) (CLK).
Commissioner Berfield moved to continue this Item to the next cycle. Motion was duly seconded and carried unanimously.
Item #54 - Parking Lot Lease for Lot 18 - for three years with Mary H. and William C. Kravas; located W of the Post Office on Cleveland Street (TE).
The City has operated Lot 18, owned by the Kravases, for several years. The present lease expires October 31, 1937.
Concerns were expressed regarding encouraging competition for the City's parking garages.
The Traffic Engineer stated the parking lot could still operate as a private
The Mayor felt the item should be continued to allow Mr. Kravas to be
Commissioner Berfield moved to continue this Item to the meeting of October 15, 1937. Motion was duly seconded and carried unanimously.
Item #55 - Resolution 87-38 - Authorizing submission of an application for a State Planning Assistance Grant. 1987-88 (PUD).
The 1987 State Legislature appropriated $3 million to assist local governments in revising their comprehensive plans to comply with the require ments of the Local Government Comprehensive
Planning and Land Development Regulation Act. The total allocation to the City of Clearwater is $75,899 for the 1937-88 funding period which begins October 15, 1987 ending August 15,
1988.
Staff is proposing a scope of services which includes completion of draft evaluation and appraisal reports for each element of the existing comprehensive plan, and completion of drafts
of the sections pertaining to existing conditions and level of services, needs and performance statements, and goals, objectives and policies for each element of the revised comprehensive
plan.
Monies will be expended for consultant services to assist in preparation of the Conservation Element, intern assistance, temporary staff support for evaluation and appraisal report preparation,
temporary clerical support, and printing costs. In addition, monies .nay be utilized to offset salary and travel costs of existing personnel which are attributed directly to the comprehensive
plan revision process.
Commissioner Regulski moved to pass and adopt Resolution 87-38 authorizing submission of a grant application to the Florida Department of Community Affairs for an award of $75,399.00
and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
XII - Other Pending Matters
Item #56 - Letter of Opposition regarding Safety Harbor Annexation of 56 Acres
The subject property is located at the SW corner of the intersection of McMullen-Booth Road and Union Street.
The proposed letter expresses the following statements of concern.
Annexation of this property into Safety Harbor is not contemplated or addressed in the City of Safety Harbor's Comprehensive Plan and has not been addressed in terms of city services
available to the property that would be documented in the Comprehensive Plan.
In consideration of the potential impacts on properties adjacent to the parcel to be annexed which are now within the corporate limits of the City of Clearwater or which will be annexed
into Clearwater under the terms of executed agreements to annex, the Clearwater City Commission objects to the proposed annexation of the subject property into Safety Harbor.
The City Manager suggested additional language to paragraph 2 questioning Safety Harbor's ability to supply sewer and water service to the area as follows: "The issue of sewer service
is very clear in that Safety Harbor is not able to provide such service. The whole question of availability of sewer capacity to Safety Harbor is to be resolved in arbitration proceedings
as stipulated in a legal settlement. In consideration of the potential impacts on properties adjacent to the parcel to be annexed which are now within the corporate limits of the City
of Clearwater or which will be annexed into Clearwater under the terms of executed agreements to annex, the City Commission of the City of Clearwater hereby gives notice that it objects
to the proposed annexation of the subject property to the City of Safety Harbor."
The City Attorney stated our agreement with the County does not obligate us to serve this property. There was some question as to whether an injunction could be issued to stop the annexation.
The City Attorney responded this could not be done, but if Safety Harbor has a services agreement with the County similar to the one the City has, it might be possible to stop the annexation.
It was the consensus of the Commission to send the proposed letter to the City Commission of Safety Harbor, as amended, with a copy to Fred Marquis, and that the appropriate officials
be authorized to execute same. Motion was duly seconded and carried unanimously.
The City Manager reported there is a tentative agreement reached with the IAFF for one year with a 5% cost of living increase which is to be voted on in the next few weeks. It would
basically be an extension of the current contract.
The City Manager stated he is leaving with good feelings and he wished the very best to the Commission.
XIV - First Reading Ordinances
CITY ATTORNEY REPORTS
Item #57 - Ordinance 4474-87, Zoning Atlas Amendment from Limited Office (OL) to Aquatic Land/Interior (AL/I) for a parcel located on the W side of McMullen Booth Rd. approx. 500' N
of SR 590; Part of M&B 33-03, Sec. 4-29-16 (The Babcock Co.) Z 87-10.
The City Attorney presented Ordinance 4474-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4474-87 on first reading. Motion was duly seconded
. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey .
"Nays": None.
Item #58 - Ordinance 4475-87, Amending Ordinance 2019 to change Land Use Designation from Low Density Residential to Public/Semi-Public for a parcel located on the N side of the "PACT"
Site and on the E side of One Kapok Terrace Condominium, E of McMullen Booth Rd.; Part of M&B 24.01, Sec. 9-29-16 (One Kapok Terrace Ltd.) LUP 87-12, Z 87-7.
The City Attorney presented Ordinance 4475-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4475-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #59 - Ordinance 4476-87, Zoning Atlas Amendment from Residential Planned Development "Eight" District (RPD-8) to Public/Semi-Public District (P/SP) for property described in Ordinance
4475-87 (One Kapok Terrace) A 87-7, LUP 87-12.
The City Attorney presented Ordinance 4475-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4476-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, 'Winner, Nunamaker and Garvey.
"Nays": None.
Item #60 - Ordinance 4477-87, Annexation of a parcel of land located E of and adjacent to Fortune Savings Bank located on the E side of Belcher Rd. approx. 700' S of Gulf to Bay Blvd.;
Part of M&B 32-06, Sec. 18-29-16 (Fortune Savings Bank) A 87-23, LUP 87-14.
The City Attorney presented Ordinance 4477-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4477-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #61 - Ordinance 4478-87, Amending Ordinance 2019 to change Land Use Designation from Medium Density Residential to Commercial/Tourist Facilities for property in Ordinance 4477-87
(Fortune Savings Bank) LUP 37-14, A 87-23.
The City Attorney presented Ordinance 4478-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4473-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #62 - Ordinance 4479-87, Zoning Atlas Amendment as General Commercial (CG) for property annexed in Ordinance 4477-87 (Fortune Savings Bank) A 87-23, LUP 37-14.
The City Attorney presented Ordinance 4479-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4479-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None.
Item #53 - Ordinance 4480-87. Annexation of a parcel of land located on the N side of Woodbine St., approx. 460' E of Betty Lane; Lot 16, Blk B, Pine Ridge Sub., Sec. 10-29-15 (Harold
Kenny) A 87-26.
The City Attorney ?resented Ordinance 4480-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4480-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #64 - Ordinance 4481-87, Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ordinance 4480-87 (Harold Xenny) A 37-26.
The City Attorney presented Ordinance 4481-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4481-37 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #65 - Ordinance 4482-87, Amending Ordinance 2019 to change Land Use Designation from Low Density Residential to Public/Semi-Public for a parcel located on the E side of McMullen-Booth
Rd. approx. 850' S of Drew St.; M&B 21.06, Sec. 16-29-16 (Calvary Open Bible Church Inc.) LUP 87-17, Z 87-12.
The City Attorney presented Ordinance 4432-87 for first reading; and read it by title only. Commissioner Winner moved to pass Ordinance 4482-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #66 - Ordinance 4483-87, Zoning Atlas Amendment from Residential Planned Development (RPD 5.8) to Public/Semi-Public for property described in Ordinance 4482-87 (Calvary Open Bible
Church Inc.) Z 87-12, LUP 87-17.
The City Attorney presented Ordinance 4483-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4483-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #67 - Ordinance 4488-87, Annexation of a parcel of land located on the E side of Pineland Dr. approx. 300' N of Overbrook Rd.; Lot 1, Jade Heights, Sec. 3-29-15 (Ed O'Hanrahan Jr.)
A 37-27.
The City Attorney presented Ordinance 4)183-37 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4488-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #68 - Ordinance 4489-87 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ordinance 4488-87 (Ed O'Hanrahan Jr.) A 37-27.
The City Attorney presented Ordinance 4439-87 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4439-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, ~Winner, Nunamaker and Garvey.
"Nays": None.
Item #69 - Ordinance 4490-87, Annexation of a parcel of land located 342' W of Highland Ave. at the southern terminus of Weston Dr.; M&B 33.04, Sec. 2-29-1
(Holland) A 87-28, LUP 37-19.
The City Attorney presented Ordinance 4490-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4490-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #70 - Ordinance 4491-87, Amending Ordinance 2019 to change Land Use Designation from Low Density Residential to Public/Semi-Public for property annexed in Ordinance 4490-37 (Holland)
LUP 87-19, A 87-28.
The City Attorney presented Ordinance 4491-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4491-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item 71 - Ordinance 4492-87, Zoning Atlas Amendment as Public/Semi-Public for property annexed in Ordinance 4490-87 (Holland) A 87-28, LUP 87-19.
The City Attorney presented Ordinance 4492-87 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4492-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #72 - Ordinance 4493-87, Amending Ordinance 2019 to change the Land Use Designation from Low Density Residential to Public/Semi-Public for property located on the N side of Lakeview
Rd. approx. 200' E of Byron Ave.; Lot 112, Ardmore Place Replat, Sec. 22-29-15 (Lakeview Baptist Church of Clearwater, Inc.) LUP 87-18, Z 87-13.
The City Attorney presented Ordinance 4493-37 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4493-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #73 - Ordinance 4494-87, Zoning Atlas Amendment from Single Family Residential (RS-8) to Public/Semi-Public for property described in Ordinance 4493-87 (Lakeview Baptist Church
of Clearwater, Inc.) Z 87-13, LUP 87-18.
The City Attorney presented Ordinance 4494-37 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4494-87 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
XV - Resolutions
Item #74 - Resolution 87-37, Requesting the Pinellas County Board of County Commissioners to cancel and discharge certain tax liens upon municipal property acquired for public purposes,
and to grant tax exemptions.
Commissioner Winner moved to pass and adopt Resolution 87-37 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
XVI - Other City Attorney Items
The City Attorney distributed copies of a litigation update to the Commissioners.
The City Attorney informed the Commission that he had received a settlement proposal from the Church of Scientology whereby they ask the City to repeal the Charitable Solicitation ordinance
and the Church of Scientology will dismiss their suit with prejudice. Each party will pay their own costs and fees. The City Attorney's recommendation is that the proposal not be accepted.
There was considerable discussion as to how much money had already been expended and the cost of additional litigation.
Alan Zimmet, Assistant City Attorney, and outside counsel, Lawrence Velvel, reviewed the schedule for litigation in the District Court of Appeals and the tentative expenses at each step.
Discussion ensued regarding other solicitation ordinances nationwide. The
City Attorney stated he felt the City's ordinance is worth defending.
Commissioner Winner felt additional time was needed to consider this offer. The City Attorney stated the offer of settlement may not remain open.
Commissioner Regulski moved to table this Item. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Regulski, Nunamaker and Mayor Garvey voted "aye"; Commissioner
Berfield voted "nay". Motion carried .
The Commission recessed from 10:10 to 10:19 p.m.
XVII - Other Commission Action
Item #75 - Interim City Manager and City Manager Replacement Discussion
The City Attorney pointed out the Charter mentions nothing about an interim city manager and feels at least a four to one vote would be best should the
Commissioner Winner moved to appoint Joseph McFate as Interim City Manager until the City Manager position is filled. Motion was duly seconded and carried unanimously.
There was a question as to whether he would serve at his current salary. Commission consensus was to discuss this at the next meeting.
Resolution 87-39 Authorizing the Interim City Manager to execute either by hand or facsimile signature any and all checks drawn by the City of Clearwater on City of Clearwater accounts.
Commissioner Nunamaker moved to pass and adopt Resolution 87-39 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and garvey.
"Nays": None.
Jeff Harper of the Personnel Department stated ads for City Manager have been placed in several publications both nationally and locally.
Discussion ensued regarding the advantages of the Assessment Center technique vs. Personality testing.
Commissioner Winner moved that Barry Cohen and Associates and Frank Walker and Associates be invited to the next work session to discuss their proposals. Motion was duly seconded and
carried unanimously.
It was agreed that a special work session would be scheduled for 10:00 a.m. on Monday, October 12th to discuss the pension. It was requested City employees be notified of this meeting
to allow them to contribute any input they may have with regard to the pension.
Mayor Garvey requested consideration of changing the public hearings to anytime after 5:00 p.m. Commission consensus was not to change.
Commissioner Winner stated the pedestrian signs placed in the raised median on Mandalay Avenue are much more visible.
Commissioner Nunamaker questioned the need for the new City garage. He announced the Sertoma Club is having an Octoberfest at Sunshine Mall October 1-4, 1987.
XVIII - Adjournment
The meeting adjourned at 10:56 p.m.