11/05/1987
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CITY COMMISSION MEETING
(0
November 5, 1987
The City Commission of the City of Clearwater met in regular session at the
City Hall, Thursday, November 5, 1987, at 6:15 p.m., with the following members
present:
Rita Garvey
James L. Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Joseph R. McFate II
M. A. Galbraith, Jr.
William C. Baker
Paula Harvey
Cynthia E. Goudeau
Interim City Manager
City Attorney
Public Works Director
Planning Director
City Clerk
The Mayor called the meeting to order and
invocation was offered by Reverend Richard
Church.
led
D.
the Pledge of Allegiance. The
Foster, Clearwater Community
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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
3 service pins were awarded to City employees.
IV - Introductions and Awards
Employee of the Month, October, 1987 - Patricia Greer, Central Services.
v - Minutes of the Regular Heeting of October 15, 1987
Commissioner Winner moved to approve the minutes of the meeting of
15, 1987 as recorded and submitted in written summation by the Clerk
Commissioner. Motion was duly seconded and carried unanimously.
October
to each
VI - Presentations
None.
VII - Citizens to be heard re items not on the Agenda
.
Joe Fletcher , Sr. expressed concern that his questions regarding
Gray lawsuit have not yet been answered. Mr. Fletcher questioned whether
an official document authorizing the filing of this lawsuit and where in
Commission minutes the filing of the lawsuit was discussed.
stated there is no formal document authorizing the filing of this
former City Attorney believed he had City Commission authorization.
the Jim
there is
the City
City Attorney
lawsuit; the
The
(Book 40)
237.
11/5/87
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Gladys Melichar, President of Edgewater Drive Homeowners' Association,
requested the status of the inoperative vehicle ordinance. She expressed concern
regarding neighborhoods looking like junkyards.
VIII - Public Hearings
"
. ::1
Item 119 - Petition for Annexation and RS-8 Zoning of a .25 acre
on the S side of John's Parkway approx. 500' W of Bayshore Blvd.;
Parkway Sub., Sec. 16-29-16 ('dhite) A 87-33 (POD).
parcel located
Lot 8, John's
..
I~
There is a single family residence on the property. City water and sewer
services are available to the property; the recreation facility fee has been
paid. The City is requesting a five foot sidewalk easement be given along the
north side of the lot.
'.
Commissioner Berfield moved to
the subject property including the
Attorney to include this in an
carried unanimously.
approve the annexation and RS-8 zoning on
abutting right-of-way and to direct the City
ordinance. Motion was duly seconded and
Item 1110
from Low
on the W
& 23.03,
- Petl tion for Annexation, P /SP Zoning and a Land Use Plan Amendment
Density Residential to Public/Semi-Public for a 4.75 acre parcel located
side of McMullen-Booth Rd. approx. 200' S of Briar Creek Blvd.; M&B 23.02
Sec. 21-28-16 (North Bay Community Church) A 87-34 (POD).
There is a church on the property.
site.
City sewer service is available to the
o
Commissioner Berfield moved to approve the annexation, P/SP zoning and Land
Use Plan amendment on the subject property less that portion within 100 feet of
the centerline of Md1ullen Booth Rd. and to direct the City Attorney to include
this in an ordinance. Motion wa~ duly seconded and carried unanimously.
Item 1111 Zoning Atlas Amendment from RM-16 (Multi-Family Residential) to OL
(Limi ted Office) for a .9 acre parcel located at the SE corner of the
intersection of Kings Highway and Sunset Point Rd.; Lots B & C, Brentwood Estates,
SW 1/4 of Sec. 2-29-15 (Highpoint Investments, Inc.) Z 87-18 (PUD).
The parcel is currently vacant. The request is made to ~ermit the proposed
development of a professional (engineering and surveying) office.
A question was raised regarding why the property is presently zoned RM-16.
The Planning Director responded this property was part of a 1983 areawide
rezoning. Staff proposed it be rezoned from RM-28 to Professional Services but
the City Commission denied the PS zoning and granted RM-16. Ms. Harvey stated the
requested OL zoning should generate less traffic than the present RM-16.
Commissioner Berfield moved to approve the
subject property and t) direct the City Attorney
Motion was duly seconded and carried unanimously.
zoning amendment to OL on the
to include this in an ordinance.
e
(Book 40)
238.
11/5/37
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Item fJ12 - Vacation Request of the rear 10' Utility Easement lying in the rear
of Lot 29, Del 01"0 Groves 1st Addition (Gibson) V 87-12 (PW).
o
The applicant proposes to build a swimming pool in the rear yard. Due to the
configuration of the lot, the easement greatly limits the use of the property.
The City has a 10 foot utility easement along the front of the lot which would
better serve the City's future needs.
The request has been reviewed by various City departments/divisions concerned
and the three utility companies and there are no objections.
Commissioner Bel" field
Attorney to include this
carried unanimously.
moved to approve the
in an ordinance.
request
Motion
and
was
to direct the
duly seconded
City
and
Item #13 - Public Hearing & First Reading, Ordinance 4509-B7 - Vacation Request
of that portion of Kentucky Ave. lying S of Lots 6 - 8, Blk. 2, and N of Lots
3 - 5, Blk. 3, Bay View City Sub., Sec. 6-29-16; located E of Meadowlark Lane, W
of Bay St. (Bayview Baptist) V 87-13 (PW).
The applicant wants to construct a parking lot, for a proposed church, within
the right-of-way of Kentucky Avenue.
Traffic Engineering suggested all of Kentucky Avenue between
vacated. The Engineering Department contacted the other property
opposed to vacating Kentucky Avenue in front of his property. The
departments/divisions concerned with vacations have no objections.
requesting a 15 foot easement for future utility installation.
blocks 2 & 3 be
owner and he is
balance of City
Engineering is
o
The three utility companies have no objection to this vacation request.
Bob Bug, representing Skycrest Baptist Church, stated Skycrest is the present
owner of the property and Baylew Baptist is a mission. The requested vacation is
to provide parking for the proposed church at the end of Kentucky Ave.
Five citizens spoke in opposition to the vacation citing concerns regarding
the clearing of oak trees on the property, the negative impact on property values,
and the increased traffic in the area. Taylor Bingham, owner of lots 9 & 10,
block 2, Bay View City Subdivision, stated this vacation would eliminate his
driveway and result in a parking lot adjacent to his property.
The Public Works Director stated this neighborhood was developed prior to
certain rules and regulations being in effect. The roads are not up to standard
and paving has not been done. Mr. Baker emphasized that paving within the City of
Clearwater is not done with tax money, but is paid for by the property assessment
method. Mr. Baker stated the City Forester is very concerned with tree
destruction and the church's site plan review will prevent excessive destruction
of trees.
It was suggested the vacation request be reduced by 50 feet running between
lot 8, block 2 and lot 3, block 3, Bayview City Subdivision.
o
Curtis DeYoung, architect for the church, stated the elimination of 50 feet
would change the preliminary site plan.
(Book 40)
239.
11/5/87
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Commissioner Nunamaker moved to approve the vacation excluding the right-of-
way between block 3, lot 3 and block 2, lot 8, Bayview City Subdivision and to
direct the City Attorney to include this in an ordinance. Motion was duly
seconded and upon the vote being taken: Commissioners Nunamaker, Winner and Mayor
Garvey voted "aye". Commissioners Berfield and Regulsld voted "nay". Motion
caJ"ried.
~f
The City Attorney presented Ordinance 4509-67 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4509-87 on f'irst
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Winner, ~unamaker and Garvey.
"Nays":
Berfield and Regulski.
Motion carri.ed.
Item /114 - Vacation Request of a 10'
Lot 44, Blk. M, Brookhill Unit No.5,
(Bruner) V 87-14 (PW).
Utility Easement lying in the E'ly 35' of
less the N'ly and S'ly 5 ft.; Sec. 22-29-16
The applicant's home encroaches into a portion
easement. The subject easement was given to the City
in addition to a 2~ root easement dedicated by plat.
of the
in 1961.
eKisting 10 foot
This easement was
The requep, has been reviewed by various City departments/divisions and the
three utilit~. companies and there are no objections.
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A question was raised regarding drainage problems in the area of the
requested vacation. The Public Works Director stated there is a major drainage
ditch that the easement runs along and staff believes the remaining 25 foot
easement is adequate. Mr. Baker stated the ten foot easement, which is the
subject of the request, was not on the City's atlases and the owner mistakenly
built his home on the easement. Mr. Baker stated the adequacy or the remaining 25
foot easement could be reconfirmed if the item is continued.
Commissioner
November 19, 1987.
Nunamaker moved to continue this Item to the
Motion was duly seconded and carried unanimously.
meeting
Item fl15 - Public Hearing & First Reading, Ordinance 4511-87 -Vacation Request
of Missouri Ave. lying S of the S ROW line of Palmetto St. and N of the most N'ly
ROW line of Seminole St. (formerly Fairview Dr.) lying within Blk. D, New Country
Club Addition Sub., Sec. 10-29-15 (City of Clwtr) V 87-15 (PW).
The existing right-of-way is needed ror the eKpansion of the Philadelphia
Phil lies training area at Jack Russell Stadium.
An underground GTE cable, City storm line and an aerial Florida Power line
presently occupy the right-of-way. Florida Power will relocate their aerial lines
into an existing easement along the E side or the City property; the City will
provide an additional four foot easement to accommodate the relocation.
The various City departments/divisions concerned with vacations have reviewed
this request and have no objections.
o
Commissioner Berfield moved to approve
being retained rull width as an underground
direct the City Attorney to include this
seconded and carried unanimously.
the requested vacation subject to it
drainage and utility easement and to
in an ordinance. Ibti.oD was duly
(Book 40)
240.
11/5 /B 7
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The
by title
reading.
City Attorney presented Ordinance 4511-87 for- first reading and read it
only. Commissioner- Winner moved to pass Ordinance 4511-87 on first
Motion was duly seconded. Upon roll call the vote was:
o
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"N ay s " :
None.
Item 016 - Request for Variance to the 500-foot minimum distance requirement for
alcoholic beverage sales (AB-5) Brandon Nu-West Clwtr. LTD (Biarritz) (CLK).
Pur-suant to Ordinance 4470-87, this request was received to
premises consumption of beer, wine and liquor within 410 feet of a
zone at 1730 U.S. 19 N, 0501-503 in Loehmann's Plaza, Lot 1, zoned CC
Center).
permit on
residential
(Commercial
The conditional use r-equest was appr-oved by the Planning and Zoning Board
subject to a use permit within six months and subject to Commission approval of a
variance to the 500-foot minimum distance requirement.
Commissioner Berfield moved to approve
alcoholic beverage minimum distance requirement
was duly seconded and carried unanimously.
the requested variance
on the subject property.
to the
Motion
Item 017 - Request
alcoholic beverage
( CLIO.
for Variance to the 500-foot minimum distance requirement for
sales (AB-1) Brandon Nu-West Clwtr. LTD. (Coyotes Restaurant)
o
Pursuant to Ordinance 4470-87, this request was received
premises consumption of beer, wine, and liquor within 200 feet of
zone at 1730 U.S. 19 N, noo in Loehmann's Plaza, Lot 1, zoned
Center).
to per-mit on
a residential
CC (Commercial
A conditional use for alcoholic beverage sales was approved by the Planning
and Zoning Board.
Commissioner Regulski moved to approve the requested variance to the
alcoholic beverage minimum distance requirement on the subject property subject to
the condition that the owner- maintain the recor-ds of food and beverage sales as
required by the State of Florida and that the City have the right to inspect these
records. MOtion was duly seconded and carried unanimously.
Item #18 - Request
alcoholic beverage
(CLK) .
for Variance
sales (AB-4)
to the 500-foot minimum distance requirement for
John Demetrakis & Harry Kahajas) (Dubes Texaco)
Pursuant to
wine within 100
Lot 1, Block C,
Commercial) .
Ordinance 4470-87, this request is to permit
f'eet of a residential zone at 1759 Drew St.
Unit 3 and part of Lot 2, Block D, Unit 2,
sales of beer and
in Skycrest Sub.,
zoned CG (General
A conditional use for alcoholic beverage sales was approved by the Planning
and Zoning Board.
o
(Book 40)
241.
11/5/87
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Commissioner Regulski moved to approve the requested variance to the
alcoholic beverage minimum distance requirement subject to the condition that no
deliveries or building service activity take place between 10:00 p.m. and
6:00 a.m. Motion was duly seconded and carried unanimously.
Item 019
alcoholic
(CLK).
for Variance to the 500-foot minimum distance
sales AB-2) Rutenberg Associates, LTD.
re uirement for
The Frog Pond
Request
beverage
Pursuant
consumption of
2550 McMullen
Center).
to Ordinance
beer anj wine
Booth Rd. in
4470-87, this
within 400 feet
Sec. 28-28-16,
request is to permit on premises
of a church or residential zone at
M&B 33.02, zoned CC (Commercial
A conditional use for alcoholic beverage sales was approved by the Planning
and Zoning Board.
Commissioner Winner moved to approve the requested variance to
beverage minimum distance requirement. Motion was duly seconded and
being taken: Commissioners Regulski, Winner, Nunamaker and Mayor
"aye". Commissioner Berfield voted "nay". Motion carried.
the alcoholic
upon the vote
Garvey voted
Item #20 Request for Variance
alcoholic beverage sales (AB-3)
to the 500-foot minimum distance requirement
Rutenberg Assoc., LTD. (Lil Italy) (CLK) .
Pursuant to Ordinance 4470-87,
consumption of beer and wine within
McMullen Booth Rd.
this request
455 feet of a
is to permit on
residential zone
premises
at 2508 A
o
The conditional
November 17, 1987 by
use request for alcoholic beverage sales was continued
the Planning and Zoning Board at its November 3rd meeting.
Commissioner
November 19, 1987.
Berfield moved to continue this Item to the
Motion was duly seconded and carried unanimously.
meeting
The meeting recessed f'roll 8:00 - 8:11 p.m.
Item 021 Second Reading,
Annexation of a parcel
Weston Dr.; M&B 33-04, Sec.
4490-87 (Continued from 10'15/81)
Ave. at the southern terminus of
87-19 (Holland).
Ordinance
located 342' W of Highland
2-29-15; A 87-28, LUP
The City Attorney presented Ordinance 4490-87 for
by title only. Commissioner Winner moved to pass and
second and final read ing. Motion was duly seconded.
was:
second reading and read it
adopt Ordinance 4490-87 on
Upon roll ~all the vote
"Ayes" :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
o
(Book 40)
242.
11/5/87
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Item 1122
Annexation
located on
M&B 32-06,
Second Reading, Ordinance 4477-87 (Continued trom 10/15/81)
of a parcel of land located E of and adjacent to Fortune Savings Bank
the E side of Belcher Rd. approx. 700' S of Gulf to Bay Blvd.; Part of
Sec. 18-29-16; A 87-23, LUP 87-14 (Fortune Savings Bank)
The City Attorney presented Ordinance 4471-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4477-81 on
second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfie1d, Regulski, Winner, Nunamaker and Garvey.
:.1
"Nay s":
None.
Item #23 - Second Reading, Ordinance 4478-87 - Amending Ord. 2019 to change Land
Use Designation from Medium Density Residential to Commercial/Tourist Facilities
for property annexed in Ordinance 4417-81; LUP 81-14 (Fortune Savings Bank).
The City Attorney presented Ordinance 4478-87 for second reading and read it
by title only. Commissioner Regulski moved to pass and adopt Ordinance 4478-81 on
second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Berfie1d, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
o
Item 1124 - Second Reading, Ordinance 4479-87 - Zoning Atlas Amendment
Commercial ( CG) for property annexed in Ordinance 4477-81; A 87-23,
(Fortune Savings Bank).
as General
LUP 81-14
The City Attorney presented Ordinance 4479-87 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4479-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item #25 - Second Reading, Ordinance 4482-87 - Amending Ord. 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; Z 81-12, LUP 87-17 (Calvary Open Bible Church Inc.).
The City Attorney presented Ordinance 4482-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4482-81 on
second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes" :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
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(Book 40)
243.
11/5/87
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Item 1126 Second
Residential Planned
annexed in Ordinance
Readin Ordinance 4483-87 Zonin Atlas Amendment from
Development RPD 5.8) to Public Semi/Public for property
4482-87; Z 87-12 (Calvary Open Bible Church).
o
The City Attorney presented Ordinance 4483-87 for
by title only. Commissioner Winner moved to pass and
second and final read ing. Motion was duly seconded.
was:
second reading and read it
adopt Ordinance 4483-87 on
Upon roll call the vote
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
'\
Item #27 - Second Reading, Ordinance 4491-67 - Amending Ord. 2019 to change Land
Use Designation from Low Density Residential to Public/Semi-Public for property
annexed in Ordinance 4490-87; A 87-28, LUP 87-19 (Holland).
The City Attorney presented Ordinance 4491-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4491-87 on
second and final reading. Motion \.zas duly seconded. Upon roll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
o
Item #28 Second Reading,
Public/Semi-Public for property
(Holland) .
Ordinance 4492-87
annexed in Ordinance
Zoning Atlas
4490-81;
Amendment as
A 87-28, LUP 87-19
The City Attorney presented Ordinance 4492-87 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4492-87 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 #29 - Second Reading, Ordinance ~493-87 - Amending Ord. 2019 to change 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; Z 87-13, LUP 87-18 (Lakeview Baptist Church of Clearwater,
Inc.).
The City Attorney presented Ordinance 4493-87 for second re..ding and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4493-87
on second and final reading. Motion was duly seconded. Upon r~ll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
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(Book 40)
244.
11/5/87
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Item #30 - Second Readin
Family Residential
Ordinance 4493-87;
Inc.).
Ordinance 4494-87 - Zoning Atlas Amendment from Sin Ie
(RS- ) to Public/Semi-Public (P/SP
Z 87-13, LUP 87-18 (Lakeview
for
Baptist
property
Church of
by
second
was:
The City Attorney presented
ti tIe only.
and final
Ordinance 4494-87 for
Commissioner Winner moved to pass and
read ing. Hotion was duly seconded.
second reading
adopt Ordinanc
Upon roll c
and read it
4494-81 on
11 the vote
lIAyes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item U31 - Second
N'ly 10' Drainage
V 87-11 (Hart).
Reading Ordinance
& Utility Easement;
4495-87
Lot 515,
Vacation of the S'l
Morningside Estates
The City Attorney presented
by title only.
second and fina I read ins.
Ordinance 4495-87 for
Commissioner Winner moved to pass and
Hotion was duly seconded.
second readin and read it
adopt Ordinan e 4495-87 on
Upon ro 11 c 11 the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
C)
Item #32 - Second
of the Hart St.
of Blks. 9 & 10 of
10; V 87-10 (City).
Ordinance 4496-87 - Vacation of an unimp
ROW between the abandoned Seaboard
Jones Sub. of Nicholson's Addn.
Readin
RR and the main
to Clearwater BI
oved portion
ine; lying N
7,8, 9 &
by
second
The City Attorney presented
ti tle only.
and final reading.
Ordinance 4496-81
Commissioner Winner moved to
Motion was duly
for
pass and
seconded.
second readin
adopt Ordinan e
Upon roll all
and read it
4496-87 on
the vote
was:
"Ayes" :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
Item #33 - Second
the N side of
Sub.; A 81-29
Reading
Downing St.
(Keegan) .
Ordinance 4497-87
appx. 450' E of
Annexation of ro
McMullen Booth Rd.;
located on
6, Downing
by
on
The City
title only.
second and
Attorney presented Ordinance 4497-87 for second
Nunamaker moved to pass and
Motion was duly seconded.
Commissioner
final reading.
and read it
adopt Ordinance 4497-87
Upon roll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
lINays":
None.
@
(Book 40)
245.
11/5/87
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Item #34 Second Readin
Family Residential
( Keegan) .
Ordinance 4498-81 Zonin
for property annexed in
as
A
Sin le
1-29
Amendment
4497-81;
Atlas
Ord.
Ordinance 4493-87 for sc Jond
Nunanaker moved to pass and
Motion was duly seconded.
City Attorney presented
Commissioner
and final reading.
reading and read it
adopt Ordinance 4498-81
Upon roll call the vote
The
by title only.
on second
was:
~
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"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
4499-87 - Annexation of property
E of Betty Lane; Lot 7, Blk. B,
located on
Pine Ridge
Item #35 - Second Reading,
the S side of Parkwood St.
Sub. A 87-30 (Henry).
Ordinance
appx. 200'
The City Attorney presented Ordinance 4499-87 for
by title only. Commissioner Winner moved to pass and
second and final read ing. Motion was duly seconded.
was:
second reading and read it
adopt Ordinance 4499-87 on
Upon roll call the vote
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
o
Item fl36 Second
Family Residential
(Henry).
Ordinance 4500-87 - Zonin
for property annexed in
The City Attorney presented Ordinance 4500-87 for
by title only. Commissioner Winner moved to pass and
second and final reading. Motion was duly seconded.
was:
second reading and read it
adopt Ordinance 4500-87 on
Upon roll call the vote
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Reading, Ordinance 4503-87 - Amending Ord. 2019
from Commercial/Tourist Facilities to Residential/Office
250' E of and 700' N of the intersection of Old Coachman Rd.
M&B 14-04, Sec. 18-29-16; Z 87-15, LUP 87-21 (Husni,
Item #37 - Second
Use Designation
property located
Gulf to Bay Blvd.
& Bamogaddam).
to change Land
for
&
AI-Jeraisy
The City Attorney presented Ordinance 4503-87 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4503-87
on second and final reading. Motion was duly seconded. Upon roll call the vote
was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
G
(Book 40)
246. 11/5/87
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Item #38 Second
Highway Commercial (CH)
Office (OG) to Limited
Ordinance 4503-81; Z 87-15,
Reading,
to
Ordinance 4504-87
Limi ted Office (OL) for
Office (OL) for Parcel 2 of
LUP 87-21 (Husni, AI-Jeraisy &
Zoning Atlas
Parcel 1 and
property described
Bamogaddam) .
Amendment from
from General
in
:j,
f
::~
The
by title only.
on second
was:
City Attorney presented
Commissioner
and final reading.
Ordinance 4504-87 for
Nunamaker moved to pass and
Motion was duly seconded.
second reading and read it
adopt Ordinance 4504-81
Upon roll call the vote
"Ayes" :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
CITY HAHAGER REPORTS
IX - Consent Agenda - Approved as submitted.
Agreements - Approved.
Item #39 Seminole
City & Clearwater Bay
12/1/87; daily at $3.00/boat,
$15, resident yearly at $100,
(MR) .
Street Launch
Marine
Ramp, Launch Fees
Ways for the collection
resident monthly
and non-resident
5 year
of launch fees
at $10, non-resident monthly
yearly at $150 effective
agreement between
effective
at
1/1/88
Bids & Contracts - Approved.
o
Item /140 Xerox
$13,494.80 for FY 87/88
Equipment Maintenance
(CS) .
Award contract to Xerox Corp., Tampa;
Item /141 (96)
Forest Products
upgrade project
Pilings for' Marina
Co., Valdesta, GA for
(PW) .
Award contract
$12,304.50;
to purchase
pilings for use
from Langdale
in the marina
Item #42 Maintenance
10/21/87 proposals as only
to be redesigned (HR).
Dredging,
one bid exceeding
Clearwater Marina (87-24)
funds available was
Rejection of
received; project
Item fl43
Controls
ma in gas
Gas Regulators Award
Inc., Tampa, estimated
line in Tarpon Springs
contract to
$9,257.60; to be
( UT) .
purchase (various sizes) from
used for the installation in
Key
the
Citizen & Statt Requests - Approved.
Item 1144
Saturday,
Kahlua Cup Race , \"laiver
11/7/87 to permit spectators
of Pier 60 Fees
to view the start
1 : 30 pm
of the race
to
(HR) .
3:00
pm
Item fl45 Repair and Renovation of 700 Bayway Blvd. for use by Police as Patrol
Sub-Station, $73,386.00 (PD).
~
~
(Book 40)
247.
11/5/87
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Item #46 - Coachman Ridge Park - Approve new Capital Improvement Project budget
& amend CIP budget by transferring $10,000 of recreation facility impact fees from
CIP project 3286 (NE Coachman Park parking lot) and $22,200 from other recreation
facility impact fees (PR).
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Item 1147 - Countryside Tract 61 Park Site - Approve new C. loP. budget & amend
C.I.P. budget by transferring $16,000 from recreation facility impact fees
(PR).
Item /1118 - Permits for Private Refuse Service - Approve issuance to Browning-
Ferris; Wells Brothers Division; Waste Aid Systems, Inc.; Waste Collection
Services Corp., a/k/a Best Waste, Inc.; and Waste Management of Pinellas County,
Inc. (UT).
Item #49 - Times Turkey Trot & Gobbler Event, November 26, 1987 Waive
associated City costs: $1,235 for Police and $994 for Parks and Recreation
( CM) .
Plans & Plats - Approved.
o
Item D50 Preliminary Site Plan/Subdivision Plat for Post Court located
approx. 365' S of Drew st. and approx. 195' E of Old Coachman Rd., directly E of
the Florida Power Corp. ROWand directly W of US 19; M&B 11.05, 11.09, 11.11,
14.04, 14.02 and a portion of 14.01, Sec. 18-29-16 (Post Development, Inc., Husni,
Al-Jeraisy, Bamogaddam) PSP 81-37, SUB 37-13; subject to the following conditions:
Site Plan - 1) signs and fencing are subject to separate review and permitting
processes; 2) the size of the trash container(s) and enclosures must be shown on
the site plan*; 3) the zoning district line(s) shall be drawn and the zoning
districts shall be indicated on the site plan*; 4) the square footage of the
proposed vehicular use area shall be given*; 5) dimensions of lot lines, building
lines, bUilding setbacks, structural overhangs and building separations as
required by Section 137.010 shall be provided on the final site plan*; 6) building
heights cannot exceed 30' as required by Code or variances that may be granted
thereto; Subdivision Plat (proposed lots 1&2, Post Court Sub.) - 1) the zoning
of the property shall be identified on the preliminary plat*; 2) the dimension of
the righ.t-of-way (to centerline) for Old Coachman Rd. shall be given on the
preliminary plat*; 3) proposed lot 1 not having direct access to a pUblic street
requires variance approval by the n.R.C.; 4) the land area for each lot shall be
given in square feet and acres on the preliminary plat*. (*These conditions must
be met prior to submittal for D.R.C. review) (PUD).
Receipt & Be~erra1 - Received and referred to proper departments.
Item D51 - Petition for Annexation and RS-8 Zoning for a .78 acre parcel located
on the E: side of McMullen-Booth Rd. between Thomas Rd. and Wolfe Rd.; Tract 1,
Bayview Bluff Sub., Sec. 9-29-16 (Kampouroglou) A 87-38 (POD).
Item #52 - Petition for Annexation, OL Zoning and a Land Use Plan Amendment from
Commercial/Tourtist Facilities to Residential/Office ror a .4 acre parcel located
on the N side of Drew st. appx. 200' W of Terrace Dr. E.; Lots 18 & 19, Blk. D,
Temple Terrace 1st Addn., SW 1/4 Sec. 7-29-16 (Sanford, Jr.) A 87-40 (POD).
&-~l
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(Book 40)
248.
11/5/87
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Item #53 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist
Facilities and a Zoning Amendment from OL to CH on Parcel #1 and a Land Use Plan
Amendment from Medium Density Residential to High Density Residential and a zoning
amendment from RM-12 to RI1-28 on Parcel #2, both parcels located generally E of
US 19 and S of Seville Blvd.; Parcel #1 - M&B 33.02 & part of M&B 33.01 and Parcel
f}2 - M&B 33.06, Sec. 17-29-16. (Clearwater Seville LTD/City) LUP 87-29, Z 87-20
(PUD).
;,
City Attorney
.~
Deeds & Easements - Approved.
~
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Item #54 10' Water Main Easement and an Ingress and Egress Easement being part
of the NE 1/~ of the NW 1/4 of Sec. 16-29-16; Coopers Bayou, part of M&Bs 21.08,
21.16, 21.17, 21.18 (City of Clwtr).
Item #55 - Warranty
Bay View City Sub.,
(Wilder/City).
Deed for part of Lot 1, the vacated alley & Lot 12, Blk. 8,
Sec. 16-29-16 for additional right-of-way for Bay View Ave.
Item #56 - 20' Ingress-Egress Easement through the SE 1/4 of the SE 1/4 of Sec.
7-29-16. (Florida Power Corp./City).
Commissioner Regulski moved to
that the appropriate officials be
seconded and carried unanimously.
approve the
authorized to
Consent
execute
Agenda
same.
as submitted and
Motion was duly
x - Other Items on City Manager Reports
o
Item #51 Proposed Agreement between the
(International Association of Fire Fighters),
effective 10/1/87 (CM).
City of Clearwater &
Local 1158 1 year
I.A.F.F.
agreement
Labor negotiations over the past several
agreement between the City and the I.A.F.F. to
which expired September 30, 1987.
months
succeed
have
the
culminated in an
existing agreement
The major change in the proposed agreement is a five percent increase in pay
effective October 1, 1981.
The estimated $203,000 cost of this agreement exceeds the two percent
adjustment in the 1987/88 budget by $121,800. The funding for this difference
will be provided by normal salary savings (averaging 3 percent City-wide) and
savings in the City's contribution to the Pension Plan. The mid-year budget
review will include the necessary amendments to provide for these adjustments, and
when coupled with salary adjustments for other employees, may result in a bottom
line increase in the General Fund.
Commissioner Nunamaker moved to approve the proposed one-year collective
bargaining agreement between the City and I.A.F.F., Local 1158, effective
October 1, 1987 and that the appropriate officials be authorized to execute same.
Motion was duly seconded and carried unanimously.
o
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11/5/87
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Item #58 Proposed Agreement between the City and Communications Workers of
America (C.W.A.) for 3 years effective 10/1/87 (OM).
The C.W.A. represents 854 City employees, or 72.5% of employees represented
by a union.
The major changes in the proposed agreement are: 1) A five percent increase
in pay commencing at t.he beginning of each year of the three year contract.
Estimated cost is $826,000 for budget year 87/88; 2) Increase in shift
differential pay rrom 10 to 20 cents/hour. Estimated cost is $15,000 ror budget
year 87/88; and 3) Except for the first year of employment, eliminated the line or
duty injury pay program. (Under the line of duty injury pay program, the first 90
days of a line of duty injury is not charged to sick leave.) Estimated savings has
not been computed j however it should far exceed the cost of the differential
increase.
The estimated $8~1,OOO cost of the agreement exceeds the two percent
adjustment in the 87/88 budget by $510,600 or three percent. The funding for the
difrerence will be provided by normal salary savings (~veraging three percent City-
wide) and savings in the City's contribution to the '.:'ension Plan. The mid-year
budget review will include the necessary ame>: "', .mts to provide for these
adjustments, and may result in bottom line increa~ ~ in certain funds.
Commissioner Winner moved to approve the proposed three-year collective
bargaining agreement between the City and C.W.A., effective October 1, 1987 and
that the appropriate officials be authorized to execute same. Motion was duly
seconded and carried unanimously.
Item #59 - Preliminary Site Plan for Advent.ure Miniature Golf Course located on
the S side of Gulf to Bay Blvd., approx. 170' E of Cross Blvd.; Lots 4 - 13, Bay
Heights and the vacated alley abutting these lots and the vacat.ed portion of
Rogers St., Sec. 17-29-16 (Timba Bros. Development Canst. Co. and Winners Corp.)
PSP 87-36 (POD).
The appUcant is proposing to deve lop an eighteen hole miniature golf course
on the property.
The Planning Director informed the Commission that the conditional use for
the miniature golf course was denied by the Planning and Zoning Board on
November 3, 1987 and the options available to the City Commission are to continue,
table, or deny review of the preliminary site plan.
Commissioner Winner stated he has concerns that all structures are not shown
on the preliminary site plan.
Commissioner Winner moved to table this Item.
and earried unanimously.
Notion was duly seconded
(Book 40)
250.
11/5/81
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Item 1160 - Clearwater Countryside Library Furniture and Equipment (LIB).
o
Clearwater Countryside Library
A. Currie, ASIO, a consultant
Linda Mielke, Library Director.
Clearwater East Library minus a few items.
clarify acceptable alternates.
furniture and equipment
to \iilliams Archi tects
Specifications closely
A pre-bid conference was
Specifications for the
were written by Mr. Scott
Chartered and Mrs.
resemble the
held for vendors to
The
been split among six vendors.
of furnishings by manufacture
not awarded the contract due to the
items within the group.
bid was for thirteen
some cases the
the vendor
award has
distinct groupings
a group was
on a 11 line
The
name. In
fact that
low bid
did not
on
bid
The following are the vendors, line items and cost of recommended awards:
Vendor
Item Awarded
Newton Seating Company
1
3B
Newton Seating Company
4
16 (#17 not used)
Livingston's Office Environment Center
18
Newton Seating Company
22 (#21 not used)
19
Gaylord Brothers
23 - 26 (#27 not used)
28
29 30
31 33 (1132 not used)
34 39 (#40 not used)
41 43
44 47:9
48 - 50A
51 - 53
TOTAL: $165,738.54
Newton Seating Company
o
Newton Seating Company
Wagner Office Furniture
Newton Seating Company
Newton Seating Company
L & L Business
Newton Seating Company
Wooley Bross & Associates
Commissioner Regulski
furnishings from the companies
l"'esponsive and responsible
authorized to execute
unanimously.
library
are the most
appropriate officials be
and carried
moved to approve
listed at a
bids submitted,
same. Motion
contract to
cost of $165,738.54
and that the
was duly
purchase
which
a
seconded
a>
(Book 40)
251.
11/5/87
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Item #61 - Beautification Committee Appointments (2 members) (CLK).
co
Commissioner Serfield moved to reappoint Ruth DuChateau.
seconded and carried unanimously.
Commissioner Regulski moved to appoint Milly Joplin.
seconded and carried unanimously.
Item #62 - Library Board Appointment (1 member) ( CLK) .
Motion was duly
Motion was duly
Commissioner Berfield moved
seconded and carried unanimously.
to appoint Sydney White.
Motion was duly
Item #63 - Municipal Code Enforcement Board Appointments (2 members) (CLK).
Commissioner Regulski moved to reappoint Ph illip N. Elliott.
duly seconded and carried unanimously.
Motion was
Commissioner Regulski moved
seconded and carried unanimously.
to reappoint Tim Amburgy.
Motion was duly
Item #64 - Planning & Zoning Board Appointment (1 member) (CLK).
Concerns were expressed regarding the excessive number of absences for Helen
Mellinger Nash, the member whose term is expiring.
Commissioner Berfield moved to appoint Kenneth Hamil ton.
seconded and carried unanimously.
Motion was duly
co
XI - Other Pending Matters
Item #65 - Setting Special Meeting to discuss Pension Rewrite
Commission consensus was to set a meeting for Tuesday, November 10, 1987 at
1:00 p.m. and that the Pension Rewrite Committee be notified of the meeting.
Item f165A Monitoring System for Clearwater Pass Bridge/Bridge Repairs
Authorization/Fund Transfers.
Kisinger Campo & Associates Corp., the City's consulting engineers for the
Clearwater Pass Bridge, has developed a bridge monitoring program which will
systematically track the structural status of the bridge for the next five years.
The program calls for the installation of tilt-sensoring devices which
constantly monitor bridge movement; the installation of cathodic protection
(corrosion control) by the use of sacrificial anodes which corrode instead of the
bridge members; and periodic inspection and evaluation of bottom scour, pile
embedment, and the bridge structure.
The til t
total $91 ,000
sensors
(estimated)
and sacrificial anodes are
and will be due shortly.
up-front
capital
costs
which
~
(Book 40)
252.
11/5/87
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These capital costs when added to the existing expenditures of the bridge
repair fund result in a total bridge repair cost of $1,404,369.78, which exceeds
the $1,272,541 CIP project budget. It is recommended that $51,829 from the 1988
Road Resurfacing account be combined with the $80,000 1988 Bridge R & R to
accommodate the cost increases.
The non-capital costs of the monitoring program consisting of professional
services related to inspections, data evaluation, and management, totalling
$21,500 in the first year and similar figures for the succeeding four years, will
be charged to the Bridge Operating Fund. Any adjustments necessary to that
account will come later.
A question was raised regarding whether the cathodic protection would extend
the life of the pilings. The Public Works Director responded in the afrirmative;
it is a corrosion control device built into the monitoring system.
A question was raised whether there is a long range plan including
replacement costs and lead time needed to reconstruct the bridge. Mr. Baker
stated there will be a document prepared within ten months that will inrorm the
City whether a new bridge is needed. Also included in that report will be the
cause of the recent bridge emergency.
Commissioner Winner moved to approve the Clearwater Pass Bridge Monitoring
System, the final bridge repair expenditures, and the transfer of funds necessary
to balance the bridge repair account and that the appropriate orficials be
authorized to execute same. Motion was duly seconded and carried
unanimously.
o
XII - Verbal Reports - None.
CITY ATTORHRY REPORTS
XIII - First Reading Ordinances
Item #66 Ordinance 4505-87
side of John's Parkway appx.
(D. J. Cummings, Jr.) A 87-31.
Annexation of parcel
800' W of Bayshore Blvd.;
of land located
M&B 21.14, Sec.
on the N
16-29-16
The
by title
read ing .
City Attorney presented Ordinance 4505-81 for first reading and read it
only. Commissioner Regulski moved to pass Ordinance li505-87 on rirst
Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
Item #67 Ordinance 4506-87 Zoning Atlas Amendment as Single Family
Residential (RS-8) for property annexed in Ordinance 4505-87 (Cummings) A 87-31.
The City Attorney presented Ordinance li506-87 for rirst reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4506-87 on first
reading. Motion was duly seconded. Upon roll call the vote was:
e
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
(Book 40)
253.
11/5/87
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o
Item 1168
Development
the ~ side of
1.400' H of US
Ordinance
(RPD 6.5)
Nursery
19; Lot
4512-87 Zoning Atlas
to Single Family Residential
Rd., W of and adjoining the
12, Pinellas Groves, Sec. 19-29-16
Amendmen t from
(RS-8)
Residential Planned
for property located on
Florida Power ROWand approx.
(Curtis) Z 87-17.
The
by title
reading.
City Attorney presented
only. Commissioner
Motion was duly seconded.
Ordinance 4512-87 for first
Regulski moved to pass Ordinance
Upon roll call the vote was:
reading and
4512-87
read it
on first
"Ayes" :
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nay s":
None.
Item 1169
relating to
with Section
Ordinanoe 4513-87
the Jurisdiction of the
162.02, Florida Statutes
Amend ing Section 22.61 (a) ,
Code Enforcement Board,
(1986 Supplement).
Code of
in order
Ordinances
to conform
The
by title
reading.
City Attorney presented
only. Commissioner
Motion was duly seconded.
Ordinance 4513-87 for first
Winner moved to pass Ordinance
Upon roll call the vote was:
reading and
4513-87
read it
on first
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
XIV - Resolutions
'"
V
Item /170
starting from the
Resolution 87-41 Dedication
S 1/4 corner of Sec.
of a
21-28-16
15' Drainage
(City).
and Utility
Easement
Commissioner Winner moved
the appropriate officials to
call the vote was:
to
execute
pass and
same.
adopt Resolution
Motion was duly
87-41 and
seconded.
authorize
Upon roll
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item #71 Resolution 87-42 Dedication
starting from the NW corner of the SE
of a
1/4 of Sec.
Easement
Commissioner Winner moved
the appropriate officials to
call the vote was:
to
execute
pass and
same.
adopt Resolution
Motion was duly
87-42 and
seconded.
authorize
Upon roll
II Ayes":
Berfie1d, Regu1ski, Winner, Nunamaker and Garvey.
"Nays":
None.
e
(Book 40)
254.
11/5/87
of'
r-
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xv - Other City Attorney Items
o
The City Attorney distributed the proposed agreement for professional
services with Frank \ialker Associates for the City Manager replacement. Mr.
Galbraith stated some changes were made to the agreement rece ived from Frank
i~alker Associates, and Mr. Wall{er agreed to the changes.
Discussion ensued regarding whether there should be a closing date in the
contract. It was stated the cutoff date for receiving resumes and applications is
December 1, 1987. Consensus was to cancel the Post Office Box O~ that date and to
run a new ad containing the December 1st deadline.
',t
Commissioner Regulski moved to approve the agreement for professional
services with Frank Walker Associates and that the appropriate officials be
authorized to execute same. Motion was duly seconded and upon the vote being
taken: Commissioners Winner, Regulski and Nunamaker voted "aye". Mayor Garvey and
Commissioner Ber field voted "nay". Motion carried.
Mr. Galbraith stated the settlement proposal from the Church of Scientology
has a November 5th deadline. The other plaintiffs in the charitable solicitation
lawsuits have not joined in this settlement agreement. The City Attorney stated
he has had a problem communicating with the other plaintiffs, and at the present
time, does not know if amending the ordinance would solve their concerns.
Discussion ensued regarding other denominations that have indicated they
would like input in the rewriting of the ordinance. It was emphasized that what
the City is trying to accomplish by the charitable solicitation ordinance is the
prevention of fraudulent solicitation.
<:)
Commission consensus was to reject thb r.lurch of Scientology settlement offer
and to direct the City Attorney to write all plaintiffs in the lawsuit to solicit
input regarding amendments to the Ordinance that would result in an end to legal
challenges to the Ordinance and all plaintiffs agree tc pay their own attorneys'
fees.
XVI - Other Commission Action
Co.tssioner Winner: Requested the Commission consider directing Staff to
pursue amendments to the Code regarding nonconforming densities. He requested
this be made a priority item in the comprehensive plan process. The Planning
Director stated the comprehensive plan is due to be finished by June of 1989, and
she requested Commission wait until the comprehensive plan is complete before
addressing pieces of it.
Commissioner Winner requested that replies to concerns expressed by citizens
at Town Meetings be done in a timely manner.
Commissioner Regulski: Requested the status of the parking lot preservation
ordinance. The Planning Director stated the Planning and Zoning Board members
have reviewed it, and she will be bringing it back to the Commission on December
3, 1981.
~
~
(Book 40)
255.
11/5/87
CITY COMMISSION MEETING
November 5, 1987
III - 3 service pins were awarded to City employees.
IV - Employee of the Month, October, 1987 - Patricia Greer, Central Services
VII - Citizens to be heard re items not on the agenda:
Joe Fletcher, Sr. expressed concern that his questions regarding the Jim Gray lawsuit have not
yet been answered. Mr. Fletcher questioned whether there is an official document authorizing the filing
of this lawsuit and where in the City Commission minutes the filing of the lawsuit was discussed. The
City Attorney stated there is no formal document authorizing the filing of this lawsuit; the former City
Attorney believed he had City Commission authorization.
Gladys Melichar, President of Edgewater Drive Homeowners' Association, requested the status
of the inoperative vehicle ordinance. She expressed concern regarding neighborhoods looking like
junkyards.
VIII - Public Hearings
Item #9 - Petition for Annexation and RS-8 Zoning of a .25 acre parcel located on the S side of John's
Parkway approximately 500 ft W of Bayshore Blvd., Lot 8, John's Parkway Sub, Sec 16-29-16 (White) A
87-33 (PUD).
Item #10 - Petition for Annexation, P/SP Zoning and a Land Use Plan Amendment from Low Density
Residential to Public/Semi-Public for a 4.75 acre parcel located on the W side of McMullen-Booth Rd.
approximately 200 ft S of Briar Creek Blvd., M&B 23.02 & 23.03, Sec 21-29-16 (North Bay Community
Church) A 87-34 (PUD).
Item #11 - Zoning Atlas Amendment from RM-16 (Multi-Family Residential) to OL (LImited Office) for a
.9 acre parcel located at the SE corner of the intersection of KIng's Highway and Sunset Pt Rd., Lots B &
C, Brentwood Estates, SW 1/4 of Sec 2-29-15 (Highpoint Investments, Inc.) Z 87-18 (PUD).
Item #12 - Vacation Request of the rear 10 ft utility easement lying in the rear of Lot 29, Del Oro Groves
1st Addition (Gibson) V 87-12 (PW).
Item #13 - Public Hearing & First Reading, Ordinance #4509-87 - Vacation Request of that portion of
Kentucky Ave. lying S of Lots 6-8, Blk 2 and N of Lots 3-5, Blk 3, Bay View City Sub, Sec 6-29-16,
located E of Meadowlark Lane, W of Bay St. (Bayview Baptist) V 87-13 (PW).
Commissioner Nunamaker moved to approve the vacation excluding the right-of-way between
Blk 3, Lot 3 and Blk 2, Lot 8, Bayview City Sub and to direct the City Attorney to include this in an
ordinance.
Item #14 - Vacation Request of a 10 ft utility easement lying in the easterly 35 ft of Lot 44, Blk M,
Brookhill Unit No. 5, less the northerly and southerly 5 ft, Sec 22-29-15 (Bruner) V 87-14 (PW).
Item #15 - Public Hearing & First Reading Ordinance #4511-87 - Vacation Request of Missouri Ave, lying
S of the S ROW line of Palmetto St. and N of the most northerly ROW line of Seminole St. (formerly
Fairview Dr.) lying within Blk D, New Country Club Addition Sub. Sec 10-29-15 (City of Clearwater) V 87-
15 (PW).
Item #16 - Request for Variance to the 500 ft minimum distance requirement for alcoholic beverage
sales (AB-5) Brandon Nu-West Clearwater, Ltd. (Biarritz) (CLK).
This request was received to permit on premise consumption of beer, wine and liquor within 410
ft of a residential zone at 1730 U.S. 19 N, #501-503 in Loehmann's Plaza, Lot 1, zoned CC (commercial
center).
Item #17 - Request for variance to the 500 ft minimum distance requirement for alcoholic beverage sales
(AB-1) Brandon Nu-West Clearwater, Ltd. (Coyotes Restaurant) (CLK).
This request was received to permit on premise consumption of beer, wine and liquor within 200
ft of a residential zone at 1730 U>S. 19 N, #700 in Loehmann's Plaza, Lot 1, zoned CC (commercial
center).
Item #18 - Request for Variance to the 500 ft minimum distance requirement for alcoholic beverage
sales (AB-4) John Demetrakis and Harry Kanazas) (Dubes Texaco) (CLK).
This request is to permit sales of beer and wine within 100 ft of a residential zone at 1759 Drew
St in Skycrest Sub, Lot 1, Blk C, Unit 3 and part of Lot 2, Blk D, Unit 2, zoned CG (general commercial).
Item #19 - Request for Variance to the 500 ft minimum distance requirement for alcoholic beverage
sales (AB-2) Rutenberg Associates, Ltd. (The Frog Pond) (CLK).
This request is to permit on premise consumption of beer and wine within 400 ft of a church or
residential zone at 2550 McMullen Booth Rd in Sec 28-28-16, M&B 33.02, zoned CC (commercial
center).
Item #20 - Request for variance to the 500 ft minimum distance requirement for alcoholic beverage sales
(AB-3) Rutenberg Associates Ltd.) Lil Italy) (CLK).
This request os to permit on premise consumption of beer and wine within 455 ft of a residential
zone at 2508 A McMullen Booth Rd.
Item #21 - Second Reading Ordinance #4490-87 (continued from 10/15/87) - Annexation of a parcel
located 342 ft W of Highland Ave at the southern terminus of Weston Dr., M&B 33.04, Sec 2-29-15 (A
87-28 LUP 87-19) (Holland).
Item #22 - Second Reading Ordinance #4477-87 (continued from 10-15/87) - Annexation of a parcel of
land located E of and adjacent to Fortune Savings Bank located on the E side of Belcher Rd.
approximately 700 ft S of Gulf to Bay Blvd, part of M&B 32.06, Sec 18-29-16 (A 87-23 LUP 87-14)
(Fortune Savings Bank).
Item #23 - Second Reading Ordinance #4478-87 - Amending Ord #2019 to change Land Use
Designation from Medium Density Residential to Commercial/Tourist Facilities for property annexed in
Ordinance 4477-87, parcel of land located E of and adjacent to Fortune Savings Bank located on the E
side of Belcher Rd. approximately 700 ft S of Gulf to Bay Blvd, part of M&B 32.06, Sec 18-29-16 (A 87-
23 LUP 87-14) (Fortune Savings Bank).
Item #24 - Second Reading Ordinance #4479-87 - Zoning Atlas Amendment as General Commercial
(CG) for property annexed in Ordinance #4477-87, parcel of land located E of and adjacent to Fortune
Savings Bank located on the E side of Belcher Rd. approximately 700 ft S of Gulf to Bay Blvd, part of
M&B 32.06, Sec 18-29-16 (A 87-23 LUP 87-14) (Fortune Savings Bank).
Item #25 - Second Reading Ordinance #4482-87 - Amending Ord #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, approximately 850 ft S of Drew St, M&B 23-06, Sec 16-29-16 (Z 87-12 LUP 87-17)
(Calvary Open Bible Church, Inc.)
Item #26 - Second Reading Ordinance 4483-87 - Zoning Atlas Amendment from Residential Planned
Development (RPD 5.8) to Public/Semi-Public for property annexed in Ordinance #4482-87, parcel
located on the E side of McMullen Booth Rd, approximately 850 ft S of Drew St, M&B 23-06, Sec 16-29-
16 (Z 87-12 LUP 87-17) (Calvary Open Bible Church, Inc.)
Item #27 - Second Reading Ordinance #4491-87 - Amending Ord 2019 to change Land Use Designation
from Low Density Residential to Public/Semi-Public for property annexed in Ordinance #4490-87 (A 87-
28 LUP 87-19) (Holland).
Item #28 - Second Reading Ordinance #4492-87 - Zoning Atlas Amendment as Public/Semi/Public for
property annexed in Ordinance 4490-87 (A 87-28 LUP 87-19) (Holland).
Item #29 - Second Reading Ordinance #4493-87 - Amending Ord 2019 to change Land Use Designation
from Low Density Residential to Public/Semi/Public for property located on the N side of Lakeview Rd,
approximately 200 ft E of Byron Ave, Lot 112, Ardmore Place Replat (Z 87-13 LUP 87-16 (Lakeview
Baptist Church of Clearwater, Inc).
Item #30 - Second Reading Ordinance 4494-87 - Zoning Atlas Amendment from Single Family
Residential (RS-8) to PUblic/Semi/Public (P/SP) for property described in Ordinance #4493-87 (Z 87-13
LUP 87-18) (Lakeview Baptist Church of Clearwater, Inc.)
Item #31 - Second Reading Ordinance #4495-87 - Vacation of the southerly 2.33 ft of the northerly 10 ft
drainage and utility easement, Lot 515, Morningside Estates Sub Unit 6B, V 87-11 (Hart).
Item #32- Second Reading Ordinance 4496-87 - Vacation of an unimproved portion of the Hart St ROW
between the abandoned Seaboard Railroad and the main line, lying N of Blks 9 & 10 of Jones Sub of
Nicholson's Addn to Clearwater, Blks 7, 8, 9 & 10, V 87-10 (City).
Item #33 - Second Reading Ordinance #4487-87 - Annexation of property located on the N side of
Downing St. approximately 450 ft E of McMullen Booth Rd, LOt 6, Downing Sub, A 87-29 (Keegan).
Item #34 - Second Reading Ordinance #4498-87 - Zoning Atlas Amendment as Single Family
Residential (RS-8) for property annexed on Ord #4497-87, A 87-29 (Keegan).
Item #35 - Second Reading Ordinance #4499-87 - Annexation of property located on the S side of
Parkwood St approximately 200 ft E of Betty Land, Lot 7, Blk B, Pine Ridge Sub, A 87-30 (Henry).
Item #36 - Second Reading Ordinance #4500-87 - Zoning Atlas Amendment as Single Family
Residential (RS-8) for property annexed in Ordinance #4499-87, A 87-30 (Henry).
Item #37 - Second Reading Ordinance #4503-87 - Amending Ord #2019 to change Land Use
Designation from Commercial/Tourist Facilities to REsidential/Office for property located 250 ft E of and
700 ft N of the intersection of Old Coachman Rd and Gulf to Bay Blvd, M&B 14.04, Sec 18-29-16 Z 87-
15 LUP 87-21 (Husni, Al-Jeraisy and Bamogaddam).
Item #38 - Second Reading Ordinance #4504-87 - Zoning Atlas Amendment from Highway Commercial
(CH) to Limited Office (OL) for Parcel 1 and from General Office (OG) to Limited Office (OL) for Parcel 2
of property described in Ordinance #4503-87, Z 87-15 LUP 87-21 (HUsni, Al-Jeraisy & Bamogaddam).
IX - Consent Agenda - Approved as submitted.
Agreements - Approved.
Item #39 - Seminole St Launch Ramp, Launch Fees - 5 yr agreement between City and Clearwater Bay
Marine Ways for the collection of launch fees effective 12/1/87, daily at $3.00/boat, resident monthly at
$10, non-resident month at $15, resident yearly at $100, and non-resident yearly at $150 effective 1/1/88
(MR).
Bids and Contracts - Approved.
Item #40 - Xerox Equipment Maintenance - Award contract to Xerox Corp, Tampa $13,494.80 for FY
87/88 (CS).
Item #41 - (96) Pilings for Marina - Award contract to purchase from Langdale Forest Products Co.,
Valdesta, GA for $12,304.50, pilings for use in the marina upgrade project (PW).
Item #42 - Maintenance Dredging, Clearwater Marina (87-24) - Rejection of 10/21/87 proposals as only
one bid exceeding funds available was received; project to be redesigned (MR).
Item #43 - Gas Regulators - Award contract to purchase (various sizes) from Key Controls Inc, Tampa,
estimated $9,257.60, to be used for the installation in the main gas line in Tarpon Springs (UT).
Citizen & Staff Requests - Approved.
Item #44 - Kahlua Cup Race, Waiver of Pier 60 Fees - 1:30 p.m. to 3:00 p.m. Saturday, 11/7/87 to
permit spectators to view the start of the race (MR).
Item #45 - Repair and Renovation of 700 Bayway Blvd for use by Police as Patrol Sub-Station,
$73,386.00 (PD).
Item #46 - Coachman Ridge Park - Approve new Capital Improvement Project budget and amend CIP
budget by transferring $10,000 of recreation facility impact fees from CIP project 3286 (NE Coachman
Park parking lot) and $22,200 from other recreation facility impact fees. (PR)
Item #47 - Countryside Tract 61 Park Site - Approve new CIP budget and amend CIP budget by
transferring $16,000 from recreation facility impact fees (PR).
Item #48 - Permits for Private Refuse Service - Approve issuance to Browning-Ferris; Wells Brothers
Division; Waste Aid Systems, Inc,; Waste Collection Services Corp, a.k.a. Best Waste, Inc.; and WAste
Management of Pinellas County, Inc. (UT).
Item #49 - Times Turkey Trot & Gobbler Event, November 26, 1987 - Waive associated City costs,
$1,235 for Police and $994 for Parks and Recreation (CM).
Item #50 - Preliminary Site Plan/Subdivision Plat for Post Court, located approximately 365 ft S of Drew
St and approximately 195 ft E of Old Coachman Rd, directly E of the Florida Power Corp ROW and
directly W of U.S. 19, M&B 11.05, 11.09, 11.11, 14.04, 14.02 and portion of 14.01, Sec 18-29-16 (Post
Development, Inc, Husni, Al-Jeraisy, Bamogaddam) PSP 87-37 SUB 87-13 (PUD)
Receipt & Referral - Received and Referred to proper departments.
Item #51 - Petition for Annexation and RS-8 Zoning for a .78 acre parcel located on the E side of
McMullen Booth Rd between Thomas Rd and Wolfe Rd, Tract 1, Bayview Bluff Sub, Sec 9-29-16
(Kampouroglou) A 87-38 (PUD).
Item #52 - Petition for Annexation, OL Zoning and a Land Use Plan Amendment from
Commercial/Tourist Facilities to Residential/Office for a .4 acre parcel located on the N side of Drew St
approximately 200 ft W of Terrace Dr. E., Lots 18 & 19, Blk D, Temple Terrace 1st Addn, Sec 7-29-16
(Sanford, Jr.) A 87-40 (PUD).
Item #53 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist Facilities and a
Zoning Amendment from OL to CH on Parcel #1 and a Land Use Plan Amendment from Medium Density
Residential to High Density Residential and a Zoning Amendment from RM-12 to RM-28 on Parcel #2,
both parcels located generally E of US 19 and S of Seville Blvd, Parcel #1 - M&B 33.02 & part of M&B
33.01 and Parcel #2 - M&B 33.06, Sec 17-29-16 (Clearwater Seville Ltd/City) LUP 87-29 Z 87-20 (PUD).
CITY ATTORNEY
Deeds and Easements - Approved.
Item #54 - 10 ft water main easement and an ingress and egress easement being part of the NE 1/4 of
the NW 1/4 of Sec 16-29-16, Coopers Bayou, part of M&Bs 21.08, 21.16, 21.17, 21.18 (City).
Item #55 - Warranty Deed for part of Lot 1, the vacated alley and lot 12, Blk 8, Bay View CIty Sub, Sec
16-29-16, for additional right-of-way for Bay View Ave (Wilder/City).
Item #56 - 20 ft ingress-egress easement through the Se 1/4 of the Se 1/4/ of Sec 7-29-16 (Florida
Power Corp/City).
Item #57 - Proposed agreement between the City of Clearwater and IAFF (International Association of
Fire Fighters Local 1158 - 1 year agreement effective 10/1/87 (CM)
The major change in the proposed agreement is a five percent increase in pay effective October
1, 1987.
The estimated $203,000 cost of this agreement exceeds the two percent adjustment in the
1987/88 budget by $121,800. The funding for this difference will be provided by normal salary savings
(averaging 3 percent City-wide) and savings in the City's contribution to the Pension Plan.
Item #58 - Proposed Agreement between the City and Communications Workers of America (C.W.A.) for
3 years effective 10/1/87 (CM).
The C.W.A. represents 854 City employees or 72.5% of employees represented by a union.
The major changes in the proposed agreement are: 1) a five percent increase in pay
commencing at the beginning of each year of the three year contract. Estimated cost is $826,000 for
budget year 87/88; 2) increase in shift differential pay from 10 to 20 cents/hour. Estimated cost is
$15,000 for budget hear 87/88 and 3) except for the first year of employment, eliminated the line of duty
injury pay program. (Under the line of duty injury pay program, the first 90 days of a line of duty injury is
not charged to sick leave.) Estimated savings have not been computed; however, it should far exceed
the cost of the differential increase.
The estimated $841,000 cost of the agreement exceeds the two percent adjustment in the 87/88
budget by $510,600 or three percent. The funding for the difference will be provided by normal salary
savings (averaging three percent City-wide) and savings in the City's contribution to the Pension Plan.
The mid-year budget review will include the necessary amendments to provide for these adjustments,
and may result in bottom line increases in certain funds.
Item #59 - Preliminary Site Plan for Adventure Miniature Golf Course located on the S side of Gulf to
Bay Blvd, approximately 170 ft E of Cross Blvd, Lots 4-13, Bay Hts and the vacated alley abutting these
lots and the vacated portion of Rogers St, Sec 17-29-16 (Timba Bros Development Construction
Company and Winners Corp) PSP 87-36 (PUD).
The Planning Director informed the Commission that the conditional use for the miniature golf
course was denied by the Planning and Zoning Board on November 3, 1987, and the options available to
the City Commission are to continue, table,m or deny review of the preliminary site plan.
Commissioner Winner stated he has concerns that all structures are not shown on the
preliminary site plan.
Commissioner Winner moved to table this item. Motion was duly seconded and carried
unanimously.
Item #60 - Clearwater Countryside Library Furniture and Equipment (LIB).
Specifications for the Clearwater Countryside Library furniture and equipment were written by Mr.
Scott A. Currie, ASID, a consultant to Williams Architects Chartered and Mrs. Linda Mielke, Library
Director.
The award has been split among six vendors. The bid was for thirteen distinct groupings of
furnishings by manufacture name. In some cases the low bid on a group was not awarded the contract
due to the fact that the vendor did not bid on all line items within the group.
The following are the vendors, line items and cost of recommended awards:
Vendor Item Awarded
Newton Seating Company 1-3b
Newton Seating Company 4-16 (#17 not used)
Livingston's Office Environment Center 18
Newton Seating Company 19-22 (#21 not used)
Gaylord Brothers 23-26 (#27 not used)
Newton Seating Company 28
Newton Seating Company 29-30
Wagner Office Furniture 31-33 (32 not used)
Newton Seating Company 34-39 (#40 not used)
Newton Seating Company 41-43
L & L Business 44-47B
Newton Seating Company 48-50A
Wooley Bros & Associates 51-53
Total: $165,738.54
Item #61 - Beautification Committee Appointments (2 members) (CLK).
Reappoint Ruth DuChateau.
Item #62 - Library Board Appointment (1 member) (CLK).
Appoint Sydney White.
Item #63 - Municipal Code Enforcement Board Appointments (2 members) (CLK).
Reappoint Phillip N. Elliott.
Reappoint Tim Amburgy.
Item #64 - Planning and Zoning Board Appointment (1 member) (CLK).
Concerns were expressed regarding the excessive number of absences for Helen Mellinger
Nash, the member whose term is expiring.
Appoint Kenneth Hamilton.
Item #65 - Setting Special Meeting to discuss Pension Rewrite.
Commission consensus was to set a meeting for Tuesday, November 10, 1987, at 1:00 p.m. and
that the Pension Rewrite Committee be notified of the meeting.
Item #65A - Monitoring System for Clearwater Pass Bridge/Bridge Repairs Authorization/Fund Transfers.
Kisinger Campo & Associates Corp, the City's consulting engineers for the Clearwater Pass
Bridge, has developed a bridge monitoring program which will systematically track the structural status of
the bridge for the next five years.
The program call for the installation of tilt-sensoring devices which constantly monitor bridge
movement; the installation of cathodic protection (corrosion control) by the sue of sacrificial anodes
which corrode instead of the bridge members; and periodic inspection and evaluation of bottom scour,
pile embedment, and the bridge structure.
The tilt sensors and sacrificial anodes are up-front capital costs which total $91,000 (estimated)
and will be due shortly.
These capital costs when added to the existing expenditures of the bridge repair fund result in a
total bridge repair cost of $1,404,369.78, which exceeds the $1,272,541 CIP project budget. It is
recommended that $51,829 from the 1988 Road Resurfacing account be combined with the $80,000
1988 Bridge R & R to accommodate the cost increases.
The non-capital costs of the monitoring program consisting of professional services related to
inspections, data evaluation, and management, totalling $21,500 in the first year and similar figures for
the succeeding four years, will be charged to the Bridge Operating Fund. Any adjustments necessary to
that account will come later.
Item #66 - Ordinance 4505-87 - Annexation of parcel of land located on the N side of John's Parkway
approximately 800 ft W of Bayshore Blvd, M&B 21.14, Sec 16-29-16 (d.J. Cummings, Jr.) A 87-31.
Item #67 - Ordinance #4506-87 - Zoning Atlas Amendment as Single Family Residential (RS-8) for
property annexed in Ord #4505-87 (Cummings) A 87-31.
Item #68 - Ordinance #4512-87 - Zoning Atlas Amendment from Residential Planned Development (RPD
6.5) to Single Family Residential (RS-8) for property located on the N side of Nursery Rd, W of and
adjoining the Florida Power ROW and approximately 1,400 ft W of US 19, Lot 12, Pinellas Groves, Sec
19-29-16 (Curtis) Z 87-17.
Item #69 - Ordinance #4513-87 - Amending Section 22.61(a), Code of Ordinances relating to the
Jurisdiction of the Code Enforcement Board, in order to conform with Section 162.02, Florida Statutes
(1986 Supplement).
XIV - Resolutions
Item #70 - REsolution 87-41 - Dedication of a 15 ft drainage and utility easement starting from the S 1/4
corner of Sec 21-28-16 (City).
Item #71 - Resolution 87-42 - Dedication of a 4 ft drainage & utility easement starting from the NW
corner of the SE 1/4 of Sec 10-29-15 (City).
XV - Other City Attorney Items
The City Attorney distributed the proposed agreement for professional services with Frank
Walker Associates for the City Manager replacement. Mr. Galbraith stated some changes were made to
the agreement received from Frank Walker Associates, and Mr. Walker agreed to the changes.
Mr Galbraith stated the settlement proposal from the Church of Scientology has a November 5th
deadline. The other plaintiffs in the charitable solicitation lawsuits have not joined in this settlement
agreement. The City Attorney stated he has a problem communicating with the other plaintiffs, and at
the present time, does not know if amending the ordinance would solve their concerns.
XVI - Other Commission Action
Commissioner Winner requested the Commission consider Directing staff to pursue
amendments to the Code regarding nonconforming densities. He requested this be made a priority item
in the comprehensive plan process. The Planning Director stated the comprehensive plan is due to be
finished by June of 1989, and she requested Commission wait until the comprehensive plan is complete
before addressing pieces of it.
Commissioner Winner requested that replies to concerns expressed by citizens at Town
Meetings be done in a timely manner.
Commissioner Regulski requested the status of the parking lot preservation ordinance. The
Planning Director stated the Planning and Zoning Board members have reviewed it, and she will be
bringing it back to the Commission on December 3, 1987.
Commissioner Regulski also requested the status of the inoperative vehicle and street
solicitation ordinances. The City Attorney responded he is working on these ordinances.
Commissioner Regulski expressed concern regarding the City's loss of control of the bench sign
program. The City Manager is to investigate.
Commissioner Berfield requested information on whether or not the City can set a cap on the
number of alcoholic beverage establishments within the City of Clearwater.
Mayor Garvey requested direction regarding the setting of a joint meeting with the Safety Harbor
City Commission. Commission consensus was to meet with them in conjunction with the work session
on NOvember 30, 1987.
Mayor Garvey expressed concern regarding a newspaper article indicting the City Commission
was flippant in their decision to continue support for the dredging of Dunedin Pass. The Mayor stated the
City is concerned with the environmental issue and she feels the newspaper article misinterpreted the
Commission's concerns.