01/07/1988 CITY COMMISSION MEETING
January 7, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, January 7, 1988, at 6:01 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:
Joseph R. McFate II Interim City Manager
M. A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. 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.
II Service Pin Awards
5 service pins were awarded to City employees.
IV Introductions and Awards
Employee of the Month, December, 1987 Linda Myers, Finance Department.
Proclamations
Miniature Art Month January, 1988.
V Minutes of the Regular Meeting of December 3, 1987 and the Special Meetings of December 1 and 7, 1987.
Commissioner Regulski moved to approve the minutes of the regular meeting of December 3, 1987 and the special meetings of December 1 and 8, 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
Paula Bolton requested the City Commission reconfirm their support of the Dunedin Pass Dredging Project.
Carlson Carlisle, agreeing with Ms. Bolton, urged the Commission's support of the Dunedin Pass Dredging Project.
Ralph Roberts requested City assistance in alleviating problems occurring due to the Game Room located in Sunshine Mall.
VIII Public Hearings
Item #9 Vacation Request of an alley lying E of Lots 30 thru 45 inclusive; Blk. B, Clearwater Beach Park First Addition, Sec. 8 29 15 (Henriques) V 87 18 (`PW`).
The applicant has requested the alley east of lots 30 43 be vacated. The City has previously vacated the alley east of lots 16 29. It is suggested the remaining portion east of
lots 44 and 45 also be vacated.
The request has been reviewed by various City departments/divisions concerned and there are no objections subject to it being retained full width as a drainage and utility easement.
The three utility companies have no objections; however Florida Power requires a ten foot easement be provided, five feet each side of center line of their facilities.
Commissioner Berfield moved to approve the vacation request, subject to it being retained full width as a drainage and utility easement and the ten foot easement be provided Florida
Power, and to direct the City Attorney to include in an ordinance. Motion was duly seconded and carried unanimously.
Item #10 Request for variance to the 500 ft. minimum distance requirement for alcoholic beverage sales M&B 32.01, Sec. 2 29 15, zoned CN (Neighborhood Commercial) AB 87 09 (Texaco
Refining & Marketing, Inc.) (CLK).
Pursuant to Ordinance 4470 87, this request was received to permit package sales of beer and wine within 200 ft. of a residential zone at 1898 Highland Avenue N.
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on December 15, 1987 subject to the following conditions: 1) use permit be obtained within
six months and 2) City Commission grant a variance to the 500 ft. separation requirement.
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property. `Motion` was duly seconded. Upon the vote
being taken: Commissioners Regulski, Nunamaker, Winner and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". Motion carried.
Item #11 Request for variance to the 500 ft. minimum distance requirement for alcoholic beverage sales Cypress Point Shopping Center, Lot 1, Sec. 15 32 28, zoned CC (Commercial
Center) AB 87 10 (Oxford/Concord Investments No. 1) (CLK).
Pursuant to Ordinance 4470 87, this request was received to permit on premises consumption of beer and wine within 390 ft. of a residential zone at 2355 B U.S. 19 N.
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on December 15, 1987 subject to the following conditions: 1) use permit be obtained within
six months and 2) City Commission grant a variance to the 500 ft. separation requirement.
Commissioner Winner moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property. Motion was duly seconded and carried unanimously.
Item #12 Request for variance to the 500 ft. minimum distance requirement for alcoholic beverage sales Countryside Village Square, Sec. 30 28 16, zoned CC (Commercial Center) AB
88 01 (Countryside Village Ltd.) (CLK).
The Planning and Zoning Board on January 5, 1988 denied the conditional use request for alcoholic beverage sales. Item withdrawn.
Item #13 Land Use Plan Amendment from Residential/Office to Commercial/ Tourist Facilities and a Zoning Atlas Amendment from OL (Limited Office) to CH (Highway Commercial) on Parcel
#1; a Land Use Plan Amendment from Medium Density Residential to High Density Residential and a Zoning Atlas 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; Parcel #2 M&B 33.06, Sec. 17 29 16 (Clearwater Seville LTD/City) LUP 87 29, Z 87 20 (PUD)(Continued from
12/3/87).
These properties were the subject of a lawsuit filed against the City by the property owner. The City Commission authorized the request on October 15, 1987 in an effort to proceed
with settlement of the lawsuit.
Parcel #1 is presently restricted to uses allowed in the OL zoning district and is proposed to be amended to CH with a concurrent LUP amendment to provide for commercial uses on the
site. A portion of parcel #1 is the private roadway of Seville Blvd. for which there are no plans to vacate or develop.
Parcel #2 contains 6.54 acres M.O.L. and is presently vacant. The requested amendments for this site are requested to increase the allowable density on the site.
Beth Daniels, Attorney representing Clearwater Seville Ltd., reviewed the history of this property stating the original Annexation Agreement took place in 1969. In the early 1980's,
the City downzoned the property from 54 units per acre to RM 12 for Parcel #2, and from the Business zoning category on Parcel #1 to Limited Office. Ms. Daniels stated the downzonings
were illegal and that the City was prevented contractually and by equitable estoppel from downzoning and changing the original Annexation Agreement. Ms. Daniels stated the developer
has agreed to Highway Commercial zoning on Parcel #1 and RM 28 on Parcel #2. She emphasized if the Developer's lawsuit against the City is successful, the property will go back to the
original zonings.
Bob McDermott, Attorney representing the Condominium Associations, expressed concern that an attempt would be made to place an adult congregate living facility in the proposed RM 28
zoning as that use had been denied by the County for a 24 acre tract that had not been annexed. He further stated he felt the fact that the 24 acres had not been annexed was a violation
of the Annexation Agreement.
Mr. McDermott stated the original agreement was with the Blackburn brothers, not with Albrecht or Seville Ltd. The Condominium Associations have filed an application to intervene in
this lawsuit.
In rebuttal, Ms. Daniels stated a contract does not have to specifically say it is assignable; if the contract goes forward by the parties, it is assumed to be assignable. Ms. Daniels
read an affidavit signed by Wallace Blackburn stating the contract was assigned to Seville Ltd. and William Albrecht. She also stated an attempt was made to annex the 24 acre tract;
however, the City denied the application.!
The City Attorney stated he feels the compromise of RM 28 and CH zoning is an acceptable way to settle the lawsuit.
Four residents of Seville Condominiums spoke in opposition to the requested land use plan and zoning amendments expressing concerns with the security of the residents, traffic congestion
in the area, concern that another access to Clearwater Mall could be constructed, and with the loss of the limited office buffer zone. Concerns regarding the proposed nursing home and
adult congregate living facility were also expressed.
Ms. Daniels emphasized the easterly 24 acres are not in the City and not an issue. She stated the Condominium Associations had full notice of the commercial zoning as the downzoning
took place in 1982 after the present buildings were all constructed.
Discussion ensued regarding the ramifications of denying this application and possible loss of the suit. Concerns were expressed that while the Seville residents are stating they are
wanting to pursue the lawsuit, the results, if the City is unsuccessful, would not be acceptable.
Commissioner Regulski moved to deny the requested land use plan amendments and zoning on the subject property. Motion was duly seconded. Upon the vote being taken: Commissioners Berfield,
Regulski, Nunamaker, and Winner voted "aye". Mayor Garvey voted "nay". Motion carried.
Meeting recessed from 9:00 9:15 p.m.
Item #14 Petition for Annexation, CH (Highway Commercial) Zoning and a Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for a .65 acre parcel
located at the SW corner of the intersection of Haas Ave. & US 19; Lots 1 & 2, Haas Sub. & a portion of Lot 3, Blackburn Sub., Sec. 6 29 16 (Ridge Haven Assoc., Ltd.) A 87 37, LUP 87 25
(PUD).
The Planning Director requested this Item be tabled as the applicant is submitting a revised application.
Commissioner Winner moved to table this request. Motion was duly seconded and carried unanimously.
Item #15 Petition for Annexation, P/SP (Public/Semi Public) Zoning and a Land Use Plan Amendment from Low Density Residential to Public/Semi Public for a 3.07 acre parcel located
on the W side of McMullen Booth Rd. approx. 1,300' N of Main St. (S.R. 588); M&B 22.04, Sec. 4 29 16 (Northeast Church of Christ) A 87 39, LUP 87 26 (PUD).
The parcel was the subject of an Agreement to Annex signed on May 27, 1982, and is developed in a church use.
The property is now contiguous to the city limits and is legally able to be annexed. As provided for in the agreement, the property owner was notified and returned the signed petition.
There are no recreation open space or facility fees due.
Commissioner Winner moved to approve the requested annexation, P/SP zoning and land use plan amendment on the subject property, less the east 67 feet to be used for right of way for
McMullen Booth Road, and to direct the City Attorney to include this in an ordinance. Motion was duly seconded and carried unanimously.
Item #16 Petition for Annexation and RS 4 zoning for a 1.69 acre parcel located on the W side of McMullen Booth Rd. approx. 800' N of Main St.; M&B 22.05, Sec. 4 29 16 (McMullen)
A 87 41 (PUD).
The property was the subject of an Agreement to Annex signed on December 1, 1986. The property is now contiguous and is legally able to be annexed. As called for in the agreement,
the property owners were notified and returned the signed petition.
There is a single family residence on the property.
A promissory note for $200 was signed in concert with the agreement for the recreation facility fee and will become due prior to the finalization of the annexation.
Commissioner Nunamaker moved to approve the requested annexation and RS 4 zoning on the subject property, less the east 67 feet to be used for ROW of McMullen Booth Road, and to direct
the City Attorney to include this in an ordinance. Motion was duly seconded and carried unanimously.
Item #17 Petition for Annexation and RS 6 Zoning for a .2 acre parcel located on the E side of Woodcrest Ave. approx. 375' S of Jeffords St.; the N 90' of Lot 4, Blk. J, Oak Acres
Addn., Unit 1, Sec. 23 29 15 (Jones) A 87 42 (PUD).
There is a single family residence on the property. The recreation facility fee has been paid. The City will be seeking a 10 ft. drainage and utility easement across the rear of the
lot.
Commissioner Nunamaker moved to approve the annexation and RS 6 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 #18 Petition for Annexation, P/SP Zoning and a Land Use Plan Amendment from Low Density Residential to Public/Semi Public for a 9.6 acre parcel located on the S side of Curlew
Rd. approx. 500' W of Countryside Blvd.; M&B 42.01, SW 1/4 Sec. 17 28 16 (Diocese of St. Petersburg) A 87 43, LUP 87 30 (PUD).
A church is proposed to be developed on the site. An open space land fee will be due at the time of development. In addition, easements may be required upon development.
Commissioner Nunamaker moved to approve the annexation, P/SP 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 and carried unanimously.
Item #19 Public Hearing & First Reading, Ordinance 4528 87 Amendment to Section 136.022, Land Development Code relating to Parking Standards by adding Subsection (c)(5) Use of Property
for Parking (LDCA 87 15) (PUD).
On December 3, 1987, the City Commission tabled Ordinance 4375 87 which had been drafted to address the continuing availability of city owned parking lots or parking structures being
used to meet minimum parking requirements for uses not having sufficient parking.
Ordinance 4528 87 amends Section 136.022 providing that whenever property is used to meet the minimum parking requirements of the City for any use, then the on site parking available
to serve that use may not be reduced, sold or otherwise rendered unavailable to that use, unless replacement parking is approved by the City.
The Mayor requested this item be continued to the meeting of January 21st to allow time for the City Commission to review the amendment recommended by the Planning and Zoning Board.
Commissioner Berfield moved to `continue` first reading of Ordinance 4528 87 to the meeting of January 21, 1988. Motion was duly seconded and carried unanimously.
Item #20 Second Reading, Ordinance 4474 87 Zoning Atlas Amendment from Limited Office (OL) to Aquatic Land/Interior (AL/I) on property 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 Company) Z 87 10 (`Continued from 11/5/87`).!
The Babcock Company has obtained approval of the Florida Department of Environmental Regulation to revise the legal description of the wetland described in the ordinance in order to
allow the excavation and fill of 0.1 acre presently included in the ordinance.
Commissioner Winner moved to amend Ordinance 4474 87 by deleting Exhibit A, the legal description of the subject property, and substituting a revised Exhibit A in order to reflect
the reduction in the land area affected by the ordinance. `Motion` was duly seconded and `carried` unanimously.
The City Attorney presented Ordinance 4474 87, as amended, for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4474 87, as amended,
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 #21 Second Reading, Ordinance 4516 87 Annexation of property located S of John's Parkway, approx. 500' W of Bayshore Blvd.; Lot 8, John's Parkway Sub. (White, C.R. & J.A.)
A 87 33.!
The City Attorney presented Ordinance 4516 87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4516 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 #22 Second Reading, Ordinance 4517 87 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4516 87 (White) A 87 33!
The City Attorney presented Ordinance 4517 87 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4517 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 #23 Second Reading, Ordinance 4521 87 Zoning Atlas Amendment from Multi Family Residential (RM 16) to Limited Office (OL) for property located at the SE corner of the intersection
of Kings Highway & Sunset Point Rd.; Lots B & C, Brentwood Estates (Highpoint Investment Inc.) (Z 87 18).!
The City Attorney presented Ordinance 4521 87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4521 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 #24 Second Reading, Ordinance 4522 87 Vacation of a 10 ft. Utility Easement lying in the rear of Lot 29, Del Oro Groves 1st Addn. (Gibson) V 87 12.
The City Attorney presented Ordinance 4522 87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4522 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 4523 87 Amending Sections 71.07, 71.11, 71.13 & 71.14, Code of Ordinances relating to licenses for professions, transfer of licenses, schedule
of fees, and requirements for issuance of occupational licenses.
The City Attorney presented Ordinance 4523 87 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4523 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
IX Consent Agenda Approved as submitted less Items #29 & 44.
Agreements Approved less Item #29.
Item #26 Bait House, Lease Agreement Assignment of lease dated September 10, 1987 for the Bait House from Jo Ann Homsher to Brad Young & Charles J. Pollik, effective January 8, 1988
(`MR`).
Item #27 Clearwater Slow Pitch Sofball Assoc. Inc. Agreement with the City of Clearwater (`PR`).
Item #28 Countryside Boulevard Widening, Engineering Design Services Agreement with Tampa Bay Engineering, Inc. not to exceed $184,215.00; to produce construction plans and specifications
for the project, which is a capital improvement, gas tax venture, brought about by the Florida DOT plans for Hwy. 19 (`PW`).
Item #29 see page 7.
Item #30 Agreement for Annexation of a 2.5 acre parcel located on the S side of Nursery Rd. approx. 350' W of Stewart Blvd.; the W 165' of Lot 18, Pinellas Grove Sub., SW 1/4, Sec.
19 29 16 (Wong) ATA 87 8 301 (`PUD`).!
Item #31 Purchase of Park Property at the NE Corner of Betty Lane & State Street from the Estate of Myrtle Campbell approx. 2.3 acres at a cost of $80,000.00 to be funded from
open space and recreation land impact fee trust funds (`PR`).!
Bids & Contracts Approved less Item #44.
Item #32 Police Pursuit Vehicles purchase of (28) 1988 Ford LTD Crown Victorias from Karl Flammer Ford, Inc., Tarpon Springs, $337,512 (`CS`).
Item #33 Self Propelled Riding Mowers purchase (8) from Debra Equipment Co., Tampa, $51,244.68; to be lease/purchased under existing contract with Citicorp Industrial Credit, Inc.
(`CS`).!
Item #34 Onsite Computer Maintenance Unisys Corp., $48,919.80; for various micro computers, terminals and printer equipment (`CS`).!
Item #35 Ice Machine Rental Suncoast Ice Machines, Inc., St. Petersburg and Lucky Roberts Refrigeration, Inc., Clearwater, not to exceed $9,540.00; to provide ice cubes for City
employees whose duties require extended periods of time outdoors (`CS`).!
Item #36 Heating and Air Conditioning System, Jack Russell Stadium Clubhouse Cox Heating & Air Conditioning, Clearwater, estimated $11,830.00; for installation in the Phillies Clubhouse
(`CS`).!
Item #37 Fire Hose, Fire Department & Marina Snap Tite Hose, Inc., Union City, PA, $11,088.75; for replacement of existing smaller hose that has exceeded its useful life (`FD`).!
Item #38 Pressure Treated Lumber for Marina purchase 16,840 linear feet from Prison Rehabilitative Industries & Diversified Enterprise, Inc., Raiford, FL for $9,461.00; to be utilized
in the marina rehabilitation program, specifically for the north south portion of the main terminal dock (`MR`).!
Item #39 Marine Gas & Diesel for Resale purchase from McMullen Oil Co., Clearwater, estimated annual cost $552,000.00 (`MR`).!
Item #40 Wood Poles for replacement light poles at recreational facilities purchase from Scotty's Inc., Clearwater & Langsdale Forest Products Co., Valdosta, GA, not to exceed $8,660.82
(`PR`).!
Item #41 PULLED
Item #42 Playground Equipment for Countryside Community Park & Norton Park purchase from Dominica Recreation Products, Longwood, $24,761.00; for a continuous CIP for replacement
of old equipment (`PR`).!
Item #43 1987 Tennis Court Resurfacing Contract (88 6) Varsity Courts, Inc., Longwood, FL, $14,504.00; for Martin Luther King, Clearwater Beach, Woodgate, Del Oro, and Valencia Park
complexes; also including replacement of some of the net posts (`PW`).!
Item #44 see page 8.
Item #45 Roadway, Driveway, Sidewalk & Sod Restoration, Bond Funded Water Line Replacement project Batsford Const. Co., Clearwater, $48,745.00; for water main and service line replacement
projects (`UT`).!
Item #46 Sanitation Truck Wash & Cleaning Compounds D&J Enterprises, Clearwater, $7,879.20 (`UT`).!
Item #47 P.V.C. Pipe Emergency Purchase of 3,500 linear feet from Davis Water & Waste Co., Tampa, $8,060.00 due to unavailability from regular supplier; for bond funded water main
replacement projects on Downing St., John's Pkwy., Montclair Rd. and Francis Dr. (`UT`).!
Item #48 P. E. Pipe Emergency Purchase of 21,000 linear feet from Phillips Engineering Co., Inc., $9,576.00 (`UT`).!
Plans & Plats Approved.
Item #49 Preliminary Site Plan for Fairwinds located on the E side of Clearwater/Largo Rd. approx. 550' N of Belleair Rd.; M&B 44.18, Sec. 21 29 15 (Fairwind Properties) PSP 87 43;
subject to the following conditions: 1) signs and fencing shall be subject to separate review processes; 2) the location, size and orientation of the refuse container shall be subject
to approval by the Utilities Dept.; prior to D.R.C. review 3) the height of the structures shall be given in feet on the final site plan; 4) the site area shall be given in acres;
5) the required and proposed open space percentage for the front yard area shall be given on the site plan; 6) the proposed uses of the new structure and existing structure shall be
noted in Land Development Code terms (i.e. adult congregate care facility, caretaker's residence) on the site plan; 7) the interior landscaped open space for the parking lot shall be
delineated (by shading or cross hatching) and shall be given as a percentage of the paved area on the site plan. (Note: the developer should work with the City's Environmental Management
Division on this prior to preparing the plan for D.R.C. review); and 8) the number of parking spaces required and proposed shall be given on the plan in relationship to the applicable
formula. (`PUD`) !
Item #50 Preliminary Site Plan for Morritt Plaza (Remodeling) located on the E side of Hercules Ave. between Gulf to Bay Blvd. & Rogers St.; Lots 1 thru 12, Midway Sub., and the strip
of land lying W of Lots 1 thru 12 and E of the right of way for Hercules Ave., Sec. 13 29 15 (Morritt Homes) PSP 87 44; subject to the following conditions: 1) signs and fencing shall
be subject to separate review and permitting processes; 2) the location, size and orientation of the refuse container is subject to approval by the Sanitation Dept. prior to D.R.C. review;
3) to avoid confusion for vehicular traffic and
for aesthetic reasons, the paving and curbing for the driveways to be eliminated shall be removed and replaced with sod (or other acceptable permeable vegetative open space) and curbing
installed parallel with the street involved. (a note should be provided on the site plan for this requirement); 4) the "future expansion" area shall be removed from the plan and calculations
adjusted accordingly or the "future" reference shall be deleted; 5) the site plan shall be revised to meet minimum setback requirements for the addition at the northeast corner of the
retail center (or a variance must be obtained) prior to D.R.C. review; 6) interior landscaped areas shall be depicted (by cross hatching or shading) and calculations shall be given as
a percentage of the paved vehicular area (6% interior required for new paved or redeveloped vehicular areas); 7) the site plan shall be revised to meet the 15% lot open space requirement
(or a variance must be obtained); and 8) the site plan shall be in compliance with the handicapped parking requirements of Section 136.022 (k) of the Code. (`PUD`) !
Item #51 Preliminary Subdivision Plat for Turner Professional Park located approx. 260' E of Belcher Rd., E of and adjacent to the Fortune Savings Bank, and approx. 700' S of Gulf
to Bay Blvd.; being a portion of M&B's 32.06 and 32.07, Sec. 18 29 16 (Fortune Savings Bank) SUB 87 17; subject to the following conditions: 1) an ingress/egress easement, a cross parking
agreement, and a 10 foot utility easement over the water lines, up to and including meters and hydrants, must be provided prior to the issuance of a building permit; 2) the final plat
must be recorded within six months from the date of certification of the preliminary plat; 3) a variance to the subdivision regulation that requires all platted property have direct
access to street right of way must be obtained from the D.R.C.; and 4) the remaining portion of M&B 32.06, which is developed with the Fortune Savings Bank, should be included in the
plat as a lot. (`PUD`).
`Receipt & Referral Received and referred to proper departments.
Item #52 Petition for Annexation, P/SP Zoning and a Land Use Plan Amendment from Low Density Residential to Public/Semi Public for the E 1.6 acres of a 2.5 acre parcel located on
the E side of McMullen Booth Rd. approx. 550' S of Bay Lane; M&B 21.07, Sec. 16 29 16 (Calvary Open Bible Church) A 87 45, LUP 87 31 (`PUD`).!
Item #53 Petition for Annexation and RS 8 Zoning for a 1.06 acre parcel located on the W side of Lantana Ave. between Idlewild & Arbelia Sts.; Lots 2 9, inclusive, Blk. H, BrookLawn
Sub., Sec. 3 29 15 (Rogero) A 88 1 (`PUD`).!
Item #54 Zoning Atlas Amendment from RS 2 (Single Family Residential) to OS/R (Open Space/Recreation) for a 2.89 parcel located on the W side at the Northern Terminus of Soule Rd.;
M&B 33.071, Sec. 32 28 16 (City) Z 88 1 (`PUD`).!
Item #55 Land Use Plan Amendment from Commercial/Tourist Facilities to High Density Residential and a Zoning Atlas Amendment from CG (General Commercial) to RM 28 (Multi Family
Residential) for a .86 acre parcel located on the E side of Highland Ave. approx. 50' N of the intersection of Overlea St.; M&B 22.11, NW 1/4 Sec. 11 29 15 (UPARC) LUP 88 1, Z 88 2 (`PUD`).
City Attorney
Deeds & Easements Approved.
Item #56 10 Foot Drainage, Utility and Sidewalk Easement the S 10' of lots 7 & 8, Blk. 5, revised map of R.H. Padgett's Sub., Sec. 15 29 15 (Smoot).!
Item #57 10 Foot Natural Gas/Water Main and Ingress/Egress Easement in Sec. 5 29 15 (610 Island Way Development Corp.).!
Item #58 6 Foot Sidewalk Easement the S 6' of lots 4 thru 8, Gibsons Clearwater Heights Sub., Sec. 15 29 15 (Community Redevelopment Agency). **(It was later discovered this item
needs to be accepted by the Commission acting as the Community Redevelopment Agency. This will be done January 21, 1988.)!
Item #59 40 Foot Drainage & Utilities Easement Sec. 8 29 16 (Life Savings Bank & V. Jack Kennedy).!
Item #60 40 Foot Drainage & Utilities Easement Sec. 8 29 16 (Life Savings Bank).!
Item #61 Special Warranty Deed the NW 1/4 of Sec. 17 29 16 (Gulf Bay Venture to City).!
Item #62 Warranty Deed the NW 1/4 of Sec. 17 29 16 (MDC Associates 81 A, Ltd./Metro Development Corp).!
Commissioner Nunamaker moved to approve the Consent Agenda as submitted, less Items #29 & 44, and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and `carried` unanimously. !
Item #29 Leases and Management Services Agreement, Clearwater Executive Airpark Approval of: 1) Fixed Base Operator (FBO) leases negotiated with Suncoast Aviation, PMA Aviation
(Byrd Aircraft Repair and Restoration), and Tampa Helicopters for the provision of aviation services and 2) the activation of a management services agreement with Suncoast Aviation as
the primary FBO for the on scene management of the Airpark (`PW`).!
Each of the FBO leases is patterned after standard aviation leases common
to the industry. Each has a termination of September 30, 1989, to provide for the completion of the Master Plan and subsequent Commission action on recommendations in that study prior
to any long term commitment of City, State, or third party financial resources for airport rehabilitation and development. Each lease contains provisions which allow the City to remove,
bar, or otherwise terminate any activity at the Airpark which is operating in an unsafe, unauthorized, or unacceptable manner.!
The three leases will yield an annual net income to the City of $38,415, a 16% increase over the present lease revenue.!
It was pointed out there is an amendment to the lease agreement with Suncoast Aviation, Inc. on page 11, subsection E. 3. Hours of Operation. The amendment is to the hours of operation
which will be from 8 a.m. to 5 p.m., six days per week, and at other times consistent with the airpark rules and regulations.
Discussion ensued regarding the assignability of the lease. It was felt the lease should be personal to the lessee and not have an assignability clause. Val Mahan, of Public Works,
stated the assignability clause could be deleted from the agreement.
Commissioner Winner moved to approve the Lease Agreements for the Clearwater Executive Airpark with the amendment to the lease with Suncoast Aviation, Inc., section E. 3. on page
11 regarding hours of operation, and with the deletion of the assignment clause from all of the lease agreements, and that the appropriate officials be authorized to execute same. `Motion`
was duly seconded and carried unanimously.
Item #44 Extension of the 1987 Plant Mix Resurfacing/Leveling Contract (87 19) which will result in the paving of 40 additional streets at 1987 prices, $228,000.00 (`PW`).!
The Interim City Manager stated the plant mix resurfacing is an asphalt treatment, not the tar and gravel which has been the cause of numerous complaints by City residents.
The Public Works Director reviewed the two types of treatment and when they are used by the City.!
Commissioner Berfield moved to approve the extension of the 1987 Plant Mix Resurfacing/Leveling Contract (87 19) in the amount of $228,000 and that the appropriate officials be authorized
to execute same. `Motion` was duly seconded and `carried` unanimously.!
X Other Items on City Manager Reports
Item #63 Preliminary Site Plan for Hooter's Restaurant (Expansion) located at the NE corner of Gulf to Bay Blvd. and Hampton Rd.; M&B 13.07 & portions of M&B's 13.04 & 13.03, Sec.
17 29 16 (Limited Properties, Inc.) PSP 87 47 (`PUD`)!
The applicant proposes a one story 3,266 sq. ft. addition and an 18.5 sq. ft. second story addition to the existing two story 3,415 sq. ft. restaurant structure for a total floor area
of 6,699.5 sq. ft.!
The site plan reflects the widening of Gulf to Bay Blvd and two points of access from Gulf to Bay Blvd. and one point from Hampton Rd.
The Planning Director pointed out the Item has been revised to add two conditions. The first limits access onto Gulf to Bay Blvd. and the second deals with the alcoholic beverage ordinance
impact.!
Will Alexander, architect representing the owners of the restaurant, stated a condition dependent upon the future adoption of an Ordinance would be unfair to the owners.
Discussion ensued regarding how Ordinance 4420 87 would affect site plans that are currently being reviewed.
It was suggested condition #10 be amended to delete certificate of occupancy and insert issuance of building permit so the condition would read: Proposed code amendments in Ordinance
4420 87, if adopted prior to the issuance of a building permit for the proposed expansion, may necessitate the applicant requesting approval of a conditional use for sale of alcoholic
beverages within the expansion area.
It was also requested the site plan come back to the City Commission for final approval.
Commissioner Regulski moved to authorize review of a final site plan with final action by the City Commission subject to the following conditions: 1) signs and fencing shall be subject
to separate review and permitting processes; 2) the location, size and orientation of the refuse container shall be subject to approval by the Utilities Dept.; 3) the interior landscaped
areas shall be depicted (by shading or cross hatching) on the final site plan and are subject to approval by Environmental Management; 4) if the office use noted on the site plan is
office space for the restaurant, the parking calculations must be revised to be equal to the requirement for restaurant use; 5) the proposed and required front yard open space shall
be given on the site plan (50% of front yard area required); 6) the
total calculations for gross floor area shall be revised to correctly indicate the sum of existing and proposed conditions; 7) if shaded portion of building depicts new addition, the
site plan must be revised to meet the setback requirement from Gulf to Bay Blvd. or the applicant must obtain approval of a setback variance; 8) the right of way dimension for Gulf to
Bay Blvd. must be given on the site plan; 9) only one driveway cut onto Gulf to Bay Blvd. must be given on the site plan; and 10) proposed code amendments in Ordinance No. 4420 87, if
adopted prior to the issuance of a building permit for the proposed expansion, may necessitate the applicant requesting approval of a conditional use for sale of alcoholic beverages
within the expansion area; (conditions 3 7, 9 and 10 required prior to D.R.C. review) and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and
`carried` unanimously.
Item #64 Revised Preliminary Subdivision Plat for Curlew Heights located S of Curlew Rd., W of Countryside Blvd. and particularly 300' E of 66th St. N. and 400' S of 297th Ave.;
M&B 33.04, Sec. 17 28 16 (Sempecos) SUB 87 12 (`PUD`). !
On November 19, 1987, the City Commission rejected a preliminary plat for Curlew Heights with proposed access from Northridge Dr. via an ingress/egress easement over Florida Power
right of way, abutting lots 118, 119 and 120, Countryside Tract 93, Phase I.
Chris Andros, professional engineer representing the owners, stated difficulties were experienced in trying to develop the originally approved access from 66th Street. The proposal
for using the Florida Power ROW to access Northridge Drive has met with opposition from homeowners that can not be overcome. Mr. Andros is now submitting options for use of the Florida
Power ROW to access through Elderberry or Northside Drive and is requesting direction from the Commission.!
The Planning Director stated she had contacted Florida Power regarding the use of the right of way. They have not been opposed to the options Mr. Andros referred to and would consider
requests for other proposals once they are received. They further stated any proposals would have to be agreeable with everyone. Ms. Harvey was also informed by Florida Power there would
be a fee involved for a private request to have the road in the right of way. This fee would be a continuing fee and they would require assurance the fee would be paid.!
Mr. Andros stated the proposed development's homeowners association maintenance fees would take care of any continuing fee for the use of the right of way.!
Discussion ensued regarding whether the problem is self imposed and possible solutions.!
Commissioner Winner moved to `continue` Item #64 with direction to the developer to obtain input from area homeowners regarding his proposals for access. `Motion` was duly seconded.
Upon the vote being taken: Commissioners Winner, Nunamaker, Regulski and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". `Motion carried`.!
Item #65 Purchase of National Safe Company Property (`CS`). !
City staff completed a feasibility study for using the existing structure and property located at 1900 Grand Ave. as a fleet maintenance facility. Staff has determined the site can
meet the City's need at a cost of $3,737,829; $3,400,000 less than the cost of constructing a completely new facility on City property known as the Campbell property. !
Floyd Carter, Central Services Director, addressed the difference between the appraised value and the asking price of the property. Mr. Carter stated that not included in the appraisal
were electrical and mechanical requirements. Three construction estimates obtained were $38, $40 and $41 per square foot which gives an average replacement cost for the building, excluding
land, of $2,975,000.!
The Interim City Manager stated the recommendation is for transferring $3,737,829 from the garage fund, which includes the purchase price plus the cost for remodeling. !
Commissioner Nunamaker moved to approve the purchase of the property located at 1900 Grand Ave., National Safe site, in accordance with the Contract for Sale and Purchase Agreement
with Lee Arnold and Associates, that termination notice be provided of the Lease Agreement with Arnold Brown Properties for property located at 814 Cleveland St., and the transfer of
$3,737,829 from the Garage Fund to this project for property acquisition and construction and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and `carried` unanimously.!
Item #66 Architectural Fee, HNTB Architects & Engineers Inc. for the proposed Campbell property garage facility transfer of $197,688.32 from the Refurbishment Shop CIP #4210 to
the Garage Expansion CIP #4201 to cover final billing from HNTB for design work (`CS`). !
The City Commission, on August 16, 1984, approved an estimate of $300,000 for the architectural fees for the design of a new garage complex to be located on the Bonner property (site
was later changed to the Campbell property). The agreement with HNTB was for 6% of the cost of construction (low bid, $7,539,000 x .06 = $452,340) which includes a 20% charge for construction
management ($452,340 x .20 = $90,470), plus applicable expenses. !
If the Commission decides to proceed with an alternative plan for the garage facility (National Safe site) which will not include the use of HNTB plans, the cost for HNTB's services
would be reduced by the construction management fee.!
If the alternative plan were to include a portion of the construction designs from HNTB (i.e., the Refurbishment Shop), then the City would be obligated for the construction management
cost of that part of the project plus any additional and necessary design work.!
Commissioner Regulski moved to approve the transfer of $197,688.32 from the Refurbishment Shop CIP #4210 to the Garage Expansion CIP #4201 and that the appropriate officials be authorized
to execute same. `Motion` was duly seconded and `carried` unanimously. !
Item #67 Towing Services for City owned vehicles award contract to Jimmie's Wrecker Service, Clearwater, for an estimated $24,000 annually (`CS`).
The Central Services Director requested solicitation of bids for towing of City owned vehicles. Due to the nature of the request, bids were restricted to Pinellas County. A site and
equipment assessment by the Fleet Administrator revealed that the low bidder, Mac Plecker Towing, Inc. of Clearwater, was not responsive. Jimmie's Wrecking Service was the second low
bid, has been utilized by the City in the past, and their service has always been satisfactory.
As directed by the Commission at Monday's work session, the vendors bidding on the towing services were contacted to see if they would be interested in zone type towing.!
The vendors bidding on the towing services contract were not interested in bidding on a zone type contract and the Police Department also expressed concerns regarding this type system.!
Commissioner Regulski moved to award a contract for the towing of City owned vehicles to Jimmie's Wrecking Service at an estimated annual cost of $24,000 and that the appropriate officials
be authorized to execute same. `Motion` was duly seconded and `carried` unanimously. !
Item #68 Upgrade of Data Processing Center Approval of a contract with UNISYS Corporation for the current B 1955 Mainframe computers with the state of the art A Series Mainframe
computers (`CS`).
The current Mainframe computers have been installed for six years and are currently operating at 95% of capacity. This is 5 10% over recommended safe operational levels, thereby leaving
little room for emergency, or contingency operations, or growth. Response times are in danger of approaching degradation, and with the City operating twenty four hours a day, seven days
a week, this equipment has aged twice the speed of normal operations.!
By taking advantage of the new generation of electronic computers currently available from UNISYS Corporation, we can trade in our current Mainframe Systems and renegotiate a new seven year
lease/purchase agreement for less money than we can add additional processing capabilities to current configuration.!
Replacement of mainframe equipment is scheduled as Project #8472 in the City's Long Range Computerization Plan and identified in the 88/89 Capital Improvement Budget.!
Due to the attractive financial offer by UNISYS Corporation, it is in the City's best interest to make this replacement at this time.!
It was pointed out there would be no impact to the City budget this year or next. It was requested a press release be done informing the public of the upgrade.!
Bill McCall, Acting Data Processing Manager, stated the UNISYS people would also participate in a press release to the public. He pointed out UNISYS is using Clearwater in their national
publicity. It was reported this is a sole source bid.!
Commissioner Winner moved to approve a contract with UNISYS Corporation to upgrade the current B 1955 Mainframe Computers with the state of the art A Series Mainframe Computers and
that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously. !
Item #69 Readoption of the Countywide Land Use Plan submitted by the Pinellas County Planning Council (`PUD`). !
On March 1, 1974, the Pinellas Planning Council adopted a Countywide Land Use Plan to be effective throughout Pinellas County. A recent decision of the Court determined the plan to
be invalid because of flaws in the initial adoption process.!
On September 16, 1987 the PPC adopted a Countywide Land Use Plan. The adoption process for the plan provides for submission to local units of government the initially adopted plan for
review and response. The response must be in writing detailing any opposition, suggestions for change, or approval.!
The staff of the Department of Planning and Urban Development has reviewed the County Plan with the planning staff of the PPC and the County. Comparisons were made between land use
designations shown on the County plan and on the City plan. The county plan reflects for those properties that are under the jurisdiction of the City of Clearwater a classification that
is the same or similar to reflect the classifications requested by the City and shown on the City's plan.
The City staff has found several areas on the City plan for properties under the jurisdiction of the Board of County Commissioners wherein the City plan is proposed to be adjusted with
the completion of the comprehensive plan update to more accurately reflect the long range view of appropriate land use as now shown on the County Plan. !
There are land areas under the jurisdiction of the Board of County Commissioners which contain land use classifications dissimilar to the classifications shown on the City's plan and
have continuously established a pattern of development opposed by the City of Clearwater. It is these areas that City staff feels are worthy of reconsideration by the PPC during the
readoption process of the Countywide Land Use Plan. !
The Planning Director stated that, for the most part, the City and County Land Use Plans agree. Three areas of conflict are: 1) U.S. 19 and Main Street the City Plan calls for mainly
residential whereas the County classifies commercial and office use; 2) the southwest intersection of Sunset Point and Belcher Roads the City Plan shows residential whereas the County
shows commercial; 3) Sunset Road west of Hercules the City Plan is medium density residential whereas the County shows commercial. The Planning Director stated they are going to ask
the County Commission to consider changes to these three areas that conflict with the City Plan. !
The Planning Director stated other communities have rejected the County Plan. !
Mayor Garvey expressed concern that the County Plan address the elimination of enclaves and the duplication of services. The City Attorney urged language be added regarding this.!
Commissioner Regulski moved to approve readoption of the Countywide Land Use Plan requesting the County Plan be amended to agree with the City Plan in the three areas of conflict
U.S. 19 and Main St., southwest intersection of Sunset Point and Belcher Rds., and Sunset Point Rd. west of Hercules; that the third paragraph on page 5, Policies, Water Supply "Promote
a regional concept of water resource regulation and supply. Eliminate duplication and competition resource development through cooperative programs" be omitted; that paragraphs 2 and
3 under Wastewater Management, page 6 "Within service areas assigned to serving utilities under the Water Pollution Control Act of 1972, Section 201, plan service for all pockets of
urban development, including unincorporated enclaves which have been surrounded by an expanding municipality" and "Coordinate the wastewater collection systems so there is no duplication
of facilities or overlapping of service areas" also be omitted; and that language be added regarding the elimination of enclaves. `Motion` was duly seconded and `carried` unanimously.
!
Item #70 Pinellas Planning Council Special Legislation report of the Planning Advisory Committee to the PPC and report of the Future of the Council Committee to the PPC for the purpose
of establishing the City's position in drafting a local bill to clarify the responsibilities of the Pinellas Planning Council (`PUD`).
In 1986, the Pinellas Planning Council requested that the Planners Advisory Committee (PAC), whose membership is made up of the planning directors of Pinellas County, review the Special
Act that created the PPC and make recommendations as to changes regarding authority, conflicts and duplication resulting from passage of the 1985 and 1986 Local Government Comprehensive
Plan and Land Development Regulation Act.!
The PAC completed its report and presented it to the PPC; and it has been reviewed by the Future of the Council Committee which has also made recommendations to the PPC. As noted by
the City's lobbyist, James Massie, any local bills should be filed by January 15, 1988 for consideration during the 1988 Legislative Session.!
The PPC has not taken final action to direct any specific changes to the Special Act. It is appropriate that the City of Clearwater review the attached recommendations and provide a
position response, if any, to the PPC regarding these proposals for amendment to the Special Act.!
A question was raised regarding the membership of the Pinellas Planning Council. Commission consensus was all of the membership should be elected officials. The key issue is whether
the Council should be advisory or should have veto authority. Commission consensus was the Council should have veto authority as this is crucial to their responsibilities.!
A question was raised regarding having a separate staff for the Pinellas Planning Council. The Planning Director stated there could be the perception of a conflict of interest if the
County Staff is used for the Planning Council.!
Item #71 Beautification Committee (1 member) Appointment `CLK`).
Commissioner Regulski moved to appoint Michael Kettles. `Motion` was duly seconded and `carried` unanimously.
Item #72 Development Code Adjustment Board (1 member) Appointment (`CLK`).
Commissioner Berfield moved to reappoint Dr. Kemper Merriam. `Motion` was duly seconded and `carried` unanimously.
Item #73 Library Board (1 member) Appointment (`CLK`).
Commissioner Berfield moved to reappoint Susan Hyman. `Motion` was duly seconded and `carried` unanimously.
XI Other Pending Matters
Item #74 County Wide Computerized Traffic Signal System Agreement with Pinellas County for operation and maintenance. (`TE`).!
The City Commission approved the Conceptual Design for the Countywide Computerized Traffic Signal System in August, 1987. The system will actually consist of three separate systems
operated by Clearwater, St. Petersburg, and Pinellas County. Prior to authorizing any expenditures for equipment the County requires an agreement that the cities will operate and maintain
the system.
Clearwater is at a stage to expand the existing cable network, replace obsolete intersection controllers, install an uninterrupted power supply, install computer flooring in the control
room, and upgrade the fire control and air conditioning equipment. Upon execution of this Agreement, funds will be made available by the County for purchase of the equipment.
Commissioner Berfield moved to approve the Agreement with Pinellas County for the operation and maintenance of the Computerized Traffic Signal System and that the appropriate officials
be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.
XII Verbal Reports
The Interim City Manager requested Commission consensus regarding setting a joint meeting with the Downtown Development Board. The established policy is to meet every six months.
Commission consensus was to set a joint meeting with the Downtown Development Board for the work session on February 1st.
The Interim City Manager requested Commission input regarding the beautification in front of City Hall. Commission consensus was to approve.
CITY ATTORNEY REPORTS
XIII First Reading Ordinances
Item #75 Ordinance 4524 88 Vacation of the E 9' of a 10' utility easement lying in the E'ly 10' of the W'ly 35' of Lot 44, Blk. M, Brookhill Unit 5, Sec. 22 29 16 (Bruner) V 87 14.!
The City Attorney presented Ordinance 4524 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4524 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #76 Ordinance 4525 88 Vacation of the S 1.0 ft. of the existing 10 ft. drainage easement located on the N side of Lot 70, Forrest Wood Estates, Sec. 4 29 16 (Wilson) V 87 17.!
The City Attorney presented Ordinance 4525 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4525 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #77 Ordinance 4526 88 Annexation of a property located on the W side of Sylvan Dr., approx. 250' S of Sunset Point Rd.; Lot 17, Blk. A, Harbor Vista Sub., Sec. 3 29 15 (Horvath)
A 87 36.!
The City Attorney presented Ordinance 4526 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4526 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #78 Ordinance 4527 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4526 87 (Horvath) A 87 36.!
The City Attorney presented Ordinance 4527 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4527 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #79 Ordinance 4530 88 Annexation of property located on the E side of McMullen Booth Rd. between Thomas Rd. & Wolfe Rd.; Tract 1, Bayview Bluff, Sec. 9 29 16 (Kampouroglou)
A 87 38.!
The City Attorney presented Ordinance 4530 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4530 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #80 Ordinance 4531 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4530 88 (Kampouroglou) A 87 38.!
The City Attorney presented Ordinance 4531 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4531 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #81 Ordinance 4532 88 Annexation of property located on the N side of Drew St. approx. 200' W of Terrace Dr. E. & 900' E of Belcher Rd.; Lots 18 & 19, Blk. D, Temple Terrace
1st Add., Sec. 7 29 16 (Sanford) A 87 40, LUP 87 28.!
The City Attorney presented Ordinance 4532 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4532 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #82 Ordinance 4533 88 Land Use Plan Amendment from Commercial/Tourist Facilities to Residential/Office for property annexed in Ord. 4532 88 (Sanford) A 87 40, LUP 87 28.!
The City Attorney presented Ordinance 4533 88 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4533 88 on first reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #83 Ordinance 4534 88 Zoning Atlas Amendment as Limited Office (OL) for property annexed in Ord. 4532 87 (Sanford) A 87 40, LUP 87 29.!
The City Attorney presented Ordinance 4534 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4534 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
XIV Resolutions
Item #84 Resolution 88 1 Authorizing the Execution of a Subordination of Utility Interests Agreement with the State of Florida Department of Transportation regarding a drainage
easement owned by the City adjoining the ROW of S.R. 60, Sec. 17 20 16.!
Commissioner Winner moved to pass and adopt Resolution 88 1 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.
Item #85 Resolution 88 2 Dedicating a 5 ft. Utility Easement adjacent to Blk. 7, Gould & Ewings 2nd Addn. to Clearwater Harbor (Parcel A) and a 3 ft. Utility Easement adjacent to
Blk. 12, Magnolia Park (Parcel B), Sec. 16 29 15.!
Commissioner Winner moved to pass and adopt Resolution 88 2 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.
Item #86 Resolution 88 03 Assessing the owners of property the costs of having mowed or cleared the owner's lot.!
Commissioner Winner moved to pass and adopt Resolution 88 03 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.
XV Other City Attorney Items
Item #87 Wilhelmina A. McKinney v. Leon Douglas Davis and City Approval of Settlement of Lawsuit. !
This case is an action for damages in excess of $5,000 resulting from alleged injuries suffered by Ms. McKinney arising out of an accident when a motor vehicle owned by the City collided
with the motor vehicle owned and operated by Ms. McKinney on or about November 3, 1983. Medical reports indicate a slight permanent injury. The property damage to the plaintiff's car
was paid previously.!
After discussion with James Smith of Gallagher Bassett and Joseph R. McFate, II, a settlement offer of $12,500 seemed to be in order. All parties agreed that this would be a fair settlement.!
Commissioner Regulski moved to authorize settlement of $12,500 in the McKinney v. City civil suit and that the appropriate officials be authorized to execute same. `Motion` was duly
seconded and `carried` unanimously.
Item #88 Robert Walker's continued representation of City
Commissioner Winner moved to authorize retaining Robert G. Walker, Jr., as outside counsel for the eight cases enumerated in the memo from Mr. Walker to Mr. Galbraith dated December
16, 1987. `Motion` was duly seconded and `carried` unanimously.
Item #89 Request for authorization to file an Amicus Curiae brief in the case of U.S. Catholic Conference, et al. vs Abortion Right Mobilization, Inc., et al., which is related
to the pending litigation concerning the Charitable Solicitation Ordinance.
Alan Zimmet, outside counsel, stated the request for authorization to file the amicus brief is because other parties have joined with the Catholic Conference by the use of an amicus
brief stating that churches can not be compelled to disclose financial records, etc. Two of the parties that have filed the amicus brief supporting the Catholic Conference are involved
in the City's suit regarding the Charitable Solicitation Ordinance. Mr. Zimmet stated it is important for the City to bring to the Supreme Court's attention other instances when churches
should be required to provide information. This brief will be almost identical to the brief filed when the case was at the Second District Court level.!
Discussion ensued regarding the cost of the City's appeal. Mr. Zimmet stated the estimated cost of filing the amicus brief would be $2,000. Mr. Zimmet stated if the City does not file
the brief and the Supreme Court rules that religious organizations are not required to disclose financial records, the City's Charitable Solicitation case could be destroyed.!
Commission consensus was to not authorize the filing of the Amicus Curiae brief.!
Item Fred A. Thomas vs. City of Clearwater lawsuit Stipulation!
Leo Schrader, Assistant City Attorney, stated that on Wednesday, January 13th, a hearing will be held on a motion for preliminary injunction in this case.
Mr. Schrader stated he is not recommending the City Commission accept the stipulation as it presently exists as it does not cancel claims for damages against the City. Since the stipulation
was submitted, he has had further discussion with Mr. Thomas' attorneys and may be able to have all claims dismissed against the two City employees named in the lawsuit and, additionally,
all claims regarding damages against the City dismissed except such reasonable attorneys fees as the Court might award should Mr. Thomas prevail.!
The Interim City Manager stated if a stipulation is not reached, the Court may allow Mr. Thomas to complete the house and proceed with the litigation including claim for damages. Concerns
were expressed regarding how to put potential buyers on notice regarding possible violations should Mr. Thomas complete the structure and then decide to sell the house.!
One citizen spoke in support of the City's case against Mr. Thomas stating he was hired to paint the inside of the Thomas home and became aware of many remodeling jobs done without
permits.!
Commissioner Regulski moved to approve the stipulation if it is amended to release the City from claims for actual or punitive damages with the exception of attorneys fees being awarded
to the plaintiff as determined by the Court. `Motion` was duly seconded and `carried` unanimously.!
The meeting recessed from 12:40 a.m. to 12:47 a.m.
XVI Other Commission Action
Mayor Garvey questioned whether the dates for the reception with the Chamber of Commerce were acceptable. There was general agreement among the Commissioners that any of the dates
suggested were acceptable. !
Mayor Garvey expressed concern regarding the Metropolitan Planning Organization's Resolution regarding guardrails on Memorial Causeway.!
Commissioner Winner requested that discussion regarding his suggestion for an information center at City Hall Annex be scheduled for the next work session.!
Commissioner Winner moved to approve a 5 1/2% increase to the Interim City Manager's Planning and Urban Development Director's salary in addition to his 5% interim pay. `Motion` was
duly seconded and `carried` unanimously.!
XVII Adjournment - 1:10 a.m.