02/04/1988 CITY COMMISSION MEETING
February 4, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, February 4, 1988, at 6:05 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
Terry Jennings Assistant 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 Dr. Doyce Wise, Faith United Church of Christ.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
III Service Pin Awards None
IV Introductions and Awards None
V Minutes of the Regular Meeting of January 21, 1988
Commissioner Regulski moved to approve the minutes of the meeting of January 21, 1988 as recorded and submitted in written summation by the Clerk to each Commissioner. Motion was
duly seconded and carried unanimously.
VI Presentation
Swearing In Ceremony Firefighter/Paramedics
Three Firefighter/Paramedics were administered the Oath of Office by the City
Clerk.
VII Citizens to be heard re items not on the Agenda
Lois Cormier requested the City Commission investigate the Fred Thomas/
Pinch A Penny Adopt A Park Agreement.
Commission consensus was to discuss this at the next work session.
Ed Armstrong, President of the Downtown Development Board, requested the Commission consider amending the Code to allow the Downtown Development Board membership to be increased to
seven. Mr. Armstrong stated the current six member board has experienced a problem with tie votes.
Discussion ensued regarding the request for seven members. Five members was suggested, however, this would be more difficult to accomplish. The City Attorney stated the increase in
membership could be accomplished by a special election to be held within the next few months for an initial term ending in 1989. Thereafter, the office would be filled in the usual manner.
The City Attorney presented Ordinance 4549 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4549 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
VIII Public Hearings
Item #09 Declaring Property Surplus, 712 N. Osceola Ave. and Authorize lease negotiations with the Clearwater Group of Alcoholics Anonymous; Authorize demolition of building at 200
Seminole St. (CM)
The structure at 200 Seminole St. has been occupied by the Clearwater Group
of Alcoholics Anonymous for many years. Its original purpose was to serve as a pump house for a water reservoir at the site. The structure has been inspected by the Building Official
and the Building and Maintenance Superintendent who strongly recommend demolition.
Demolition costs and subsequent beautification of the site are estimated to be $2,000 each.
The property at 712 N. Osceola, formerly leased to the Clearwater Woman's Club, would be ideal for the Clearwater Group of Alcoholics Anonymous and is recommended to be leased to them
for $1.00 per year. This group appears to fulfill all requirements of the Attorney General's opinion regarding these types of leases as its primary objective is to render a public service.
One citizen spoke in support of leasing to the Clearwater Group of Alcoholics Anonymous.
It was requested a clause be put into the lease providing that if there are times when Alcoholics Anonymous is not using the facility, it would be made available for use by other groups.
Commissioner Nunamaker moved to declare surplus and authorize lease negotiations with the Clearwater Group of Alcoholics Anonymous for the property at 712 N. Osceola Ave., to authorize
demolition of a City owned building at 200 Seminole St. and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried unanimously.
Item #10 Ordinance 4528 87 Amendment to Section 136.022, Land Development Code to provide that whenever property is used to meet the minimum off street parking requirements of the
City for any use, then the on site parking available to serve that use may not be reduced, nor may the parking be otherwise rendered unavailable to that use, unless replacement parking
is approved by the City. (LDCA 87 15) !
Commissioner Winner moved to `table` Ordinance 4528 87 with the understanding a more encompassing ordinance would be forthcoming. `Motion` was duly seconded and `carried` unanimously.
Item #11 Ordinance 4529 87 Amendment to Sections 135.112 and 135.118, Land Development Code relating to the Resort Commercial "Twenty Four" and "Twenty Eight" Districts, respectively,
to limit the location of all alcoholic beverage sales in such districts, whether for consumption on the premises or by package sales, to certain kinds of establishments. (LDCA 88 1)
Commissioner Regulski moved to amend Ordinance 4529 87 to add a new Section 3 to read: This Ordinance shall not be construed to apply to alcoholic beverage sales establishments existing
in the CR 24 and CR 28 districts as of the effective date of the ordinance, or for which a conditional use application was filed with the City on or before the effective date of the
ordinance `and` to delete the words or restaurant from subsection (b) of Section 135.112 and subsection (b) of Section 135.118. `Motion` was duly seconded and `carried` unanimously.
The City Attorney presented Ordinance 4529 87 for second reading, as amended, and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4529 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 #12 (`Continued from 1/21/88`), Request for variance to the 500 ft. minimum distance requirement for alcoholic beverage sales Lot 2, Blk. A, Columbia Sub., zoned CR 28 (resort
commercial "twenty eight') (Alexandros Galiatsatos) AB 88 02 (`CLK`)
Pursuant to Ordinance 4470 87, this request was received to permit on premises consumption of beer and wine within 270 ft. of a residential zone at 305 Coronado Drive.
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on January 19, 1988 subject to the following conditions: 1) use permit be procured within
six months; 2) City Commission grant a variance to the 500 ft. separation requirement; and 3) no sales of beer/wine after 9:30 p.m.
Tony Aloizakis stated the requested beer and wine license is to better serve their customers. The hours will be 7 a.m. to 9 p.m. In response to a question as to whether the restaurant
would have a problem maintaining 51% food and non alcoholic beverage sales, Mr. Aloizakis stated they would not.!
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property subject to the conditions that the establishment
maintain 51% food and non alcoholic beverage sales and maintain records that may be subject to inspection by the City. `Motion` was duly seconded and `carried` unanimously.
CITY MANAGER REPORTS
IX Consent Agenda Approved as submitted
Agreements Approved
Item #13 Emergency Medical Services (EMS) Agreement 10 year First Responder Agreement between the Pinellas County EMS Authority and the City (`FD`)
Item #14 Clearwater Pass Bridge Toll Plaza Lease Agreement with Automatic Toll Systems, Inc. for Toll Collection Equipment for four traffic lanes for 5 years, thereby freezing the
daily rate for that period; daily rate increase from $64.50 to $70.95 would be effective 3/13/88, increasing the equipment rental code $1,302.90 for the balance of the current year.
(`MR`)
Bids & Contracts Approved
Item #15 Jacobsen Tri King Mower Contract to purchase (1) from DeBra Enterprises, Tampa, $10,684.00 for use at Jack Russell Stadium and expanded property line the Phillies will maintain;
funding included in the initial funding agreement with the Phillies (`PR`)
Item #16 Model 669, Smith & Weston 9 mm Pistols Contract to purchase (30) from Lawmen's & Shooters Supply, Inc., Vero Beach, FL, not to exceed $9,468.00 which has been allocated
and approved in the 1987/88 annual budget (`PD`)
Item #17 Recontouring of Estelle Drive (from Duncan Ave. to Woodside Ave.) and Sally Lane (from Betty Lane to Cul de Sac) (87 25) Award contract to C. P. Ward, Inc., Largo, for
$102,409.00; due to settlement, low spots have developed creating problems with water drainage leading to potholes, etc.; new curbs also to be installed for storm water flow (`PW`)
Item #18 1987 Insituform Reliner Contract Phase III (88 11) Insituform Southeast, Inc., Jacksonville, FL, $780,912.50; for rehabilitation of sanitary sewer mains by relining in
place using the Insituform process (`PW`)
Item #19 Water Main Pipe Contract to purchase as needed from Davis Meter & Supply Co., Tampa, estimated cost, $28,777.25; used on a variety of different projects including bond funded
replacement, system expansion, and relocation projects (`UT`)
Item #20 P.V.C. Water Pipe & Valves Contract to purchase from Davis Meter & Supply, Tampa, estimated cost, $13,519.13; to be used for a bond funded water main replacement project
and for re stocking inventory in order to maintain minimum balances and assure availability when needed (`UT`)
Item #21 Gas Main Installation (Hugger's Restaurant) Award contract to Visk Construction, Inc., St. Petersburg, $25,592.00; for new gas main extension to serve 1652 U.S. Hwy. 19
S., Largo; to consist of 4,850 ft. of 2" gas main and tracer wire, jack and bores, and to include air pressure test, cleanup and replacement of sod and/or asphalt (`UT`)
Change Orders Approved
Item #22 Change Order #1, 1986 Water Main Replacement Contract, Phase VI (87 6) (+) $14,620.00 for a new contract total of $507,154.20; to cover increase of price of items, change
of and addition of items to adjust the sizes of tapping sleeves and valves to water main sizes incurred in the field as differed from the original plan (`PW`)
Item #23 Change Order #1 and Final, 1986 Water Main Replacement Contract, Phase III (87 58) ( ) $57,632.54 reflecting adjustment of quantities actually used, and adding 45 days
to the contract time due to field changes required by the City (`PW`)
Citizen & Staff Requests Approved
Item #24 Police Aides Employment of 40 non sworn, unarmed positions on a part time, seasonal basis for spring break and summertime on Clearwater Beach estimated cost, 50,000.00 (`PD`)
Item #25 School Crossing Guards Request for three (3) for the intersections of Drew St. and Fairwood Ave., Nursery Rd. W of Stewart, and Myrtle Ave. and Turner St.; for Eisenhower,
Belcher, and South Ward Elementary School children's safety (`PD`)
Item #26 Consulting Engineer Selection, Stevenson Creek Drainage Basin Evaluation ranked 1) PEC/W.K. Daugherty Consulting Engineers, 2) Camp Dresser & McKee, Inc., and 3) Florida
Land Design & Engineering, Inc. by a Selection Committee made up of the Engineering Division staff; Negotiation of a contract regarding fees and actual job description to follow selection
(`PW`)
Plans & Plats Approved
Item #27 Preliminary Site Plan for The British Academy located on the S side of Union St. approx. 90' E of Powderhorn Dr.; M&B 12.05, Sec. 2 29 15 (Warnes) PSP 88 6; subject to the
following conditions: 1) Signs and fencing shall be subject to separate review and permitting processes; 2) The crossed out sections and hand written changes on the preliminary plan
shall be deleted and/or incorporated into the
final site plan (prior to D.R.C. review); 3) The square footage of the temporary structure shall be deleted from the site data calculations and applicably adjusted (prior to D.R.C. review);
and 4) The temporary structure shall be removed prior to the issuance of a certificate of occupancy for the second story addition (`PUD`)
Item #28 Preliminary Site Plan for Light of Christ Catholic Church (Addition and Alterations to) located between Palmetto St. and Marilyn St., NW of N.E. Coachman Rd. and approx.
300' W of Belcher Rd.; Pinellas Groves, Lots 2 and 15 (Light of Christ Catholic Church) PSP 88 5; subject to the following conditions: 1) Signs and fencing are subject to separate review
and permitting processes; 2) The location, size, orientation and enclosure for the refuse container are subject to approval by the Utilities Department; 3) The calculations on the site
plan shall be revised to include the additional figures marked on the plan (prior to D.R.C. review); and 4) 43 new parking spaces shall be provided for the proposed addition or verification
be provided that there will be no dual use of the church assembly area and the meeting room assembly area, or a variance be obtained to the requirement for 43 spaces (prior to D.R.C.
review) (`PUD`)
Receipt & Referral Received and referred to proper departments
Item #29 Petition for Annexation, OS/R Zoning and a Land Use Plan Amendment from Low Density Residential to Recreation/Open Space for a .35 acre parcel located on the N side of Kapok
Circle approx. 750' N of Kapok Kove Dr., on the W side of McMullen Booth Rd.; Lot 13, Kapok Forest Sub. (City) A 88 5, LUP 88 3 (`PUD`)
Item #30 Petition for Annexation and RS 8 Zoning of a .18 acre parcel located on the S side of Hemerick Place approx. 550' E of Belcher Rd.; Lot 9, Blk. C, Palmetto Terrace (Wallace)
A 88 4 (`PUD`)
City Attorney
Deeds & Easements Accepted
Item #31 Sanitary Sewer Easement lying in the NW 1/4 of Sec. 21 28 16 (North Bay Community Church, Inc.)
Item #32 10 ft. Water Main and Ingress/Egress Easement lying in the NW 1/4 of Sec. 32 28 16 (Opus South Corp.)
Item #33 10 ft. Drainage Easement lying in Lots 1 & 2, Pennsylvania Sub. (Evans)
Commissioner Winner moved to approve the Consent Agenda as submitted 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 #34 Enforcement of Condition of Approval on Site Plan for Dimmitt Cadillac located on the E side of US 19, S of Third Avenue S.; SW 1/4 Sec. 32 28 16 (Dimmitt) PSP 83 60 (`PUD`)
On June 18, 1987, the City Commission approved the temporary use of a driveway to Main Street by Dimmitt Cadillac. The use of the driveway was to be for a period of six (6) months
during which time the City was to monitor the use of the driveway and Main Street to assure that no problems occurred. The Commission also instructed that there were to be no trucks
utilizing the driveway and Main Street and no road testing of vehicles on Main Street.
On December 23, 1987, the Public Works Department barricaded the driveway from Dimmitt Cadillac onto Main Street. The manner in which the driveway and Main Street were being utilized
was not in accordance with the conditions of approval.
The applicant has requested the City remove the barricade and the Commission give direction as to future access to Main Street.
Trish Muscarella, attorney representing Dimmitt dealerships, stated the dealerships would like the use of Main St. Mechanics have been using the driveway and Main St. for road testing
but have since been told this is a violation of conditions. Ms. Muscarella stated the purpose of no road testing was the protection of residential neighbors, and there are none to be
considered.
The Assistant Public Works Director stated the Public Works Dept. put the barricade up because the use of Main St. was not in accordance with site plan conditions. Mr. Jennings requested
Commission direction regarding the driveway between the Cadillac and Chevrolet dealerships. Third Ave. has become a short cut for motorists turning off from U.S. 19 to get to Main St.
The Public Works Dept. feels the developer should participate in the improvement of the right of way.
Ms. Muscarella stated there is an agreement already in place requiring Dimmitt to improve Third Ave. in the future.
Discussion ensued regarding the advantages of an assessment project for the improvement of Main St. and Third Ave. It was pointed out there is one lot on Main St. not owned by Dimmitt.
The Planning Director stated it is staff's recommendation that Third Ave. and Main St. to Fourth Ave. be paved. Upon completion of the paving, the barricade from the Cadillac dealership
onto Main St. will be removed.
The Assistant Public Works Director stated the Dimmitt properties east of Main St. are in Pinellas County, and the County will have to participate in the assessment project.
The Mayor requested staff investigate renaming Main St. as there is already a Main St. located in Clearwater city limits.
Commissioner Winner moved to approve an assessment project for the paving of Main St. and 3rd Ave. S. with the understanding the barricade will be removed by Public Works upon Dimmitt's
consent to the assessment project and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.
Item #35 Resolution 88 12 Authorizing the Execution and Filing of a Grant Application under the Community Services Block Grant with the State of Florida Department of Community
Affairs.
The Florida Dept. of Community Affairs is accepting applications for projects to be funded through the Community Services Block Grant (CSBG) for local projects to assist low income
individuals. These grants will be for the six month period from April 1 through September 30, 1988. Funds available to the State have been allocated to each County computed on a minimum
basis for each County plus a pro rata share based on poverty populations. Pinellas County's share of the fund is $17,621. A population based allocation provides a Clearwater share of
$2,625. A local match of $525 (20%) is required.
Staff recommends this funding be made available to the Girls Clubs of Pinellas County for an educational enhancement project in Condon Gardens. This is an educational skills development
project for girls ages 6 17. This program was successful last year.
Commissioner Nunamaker moved to pass and adopt Resolution 88 12 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 #36 Historical Committee Appointment 1 member (`CLK`)
Commissioner Berfield moved to reappoint George W. Shelor, III. `Motion` was duly seconded and `carried` unanimously.
Item #37 Community Relations Board Appointment 1 member (`CLK`)
Commissioner Regulski moved to reappoint Kay Vega. `Motion` was duly seconded and `carried` unanimously.
Item #38 Library Board Appointment 1 member (`CLK`)
Commissioner Berfield moved to reappoint Bernard Panush. `Motion` was duly seconded and `carried` unanimously.
Item #39 Municipal Code Enforcement Board Appointments 2 members (`CLK`)
Commissioner Regulski moved to appoint William Murray in the Realtor category. `Motion` was duly seconded and `carried` unanimously.
Commissioner Winner moved to appoint John Ehrig in the Architect category. `Motion` was duly seconded and `carried` unanimously.
XI Other Pending Matters None.
XII Verbal Reports
The Interim City Manager reported the dates for the `Fun 'N Sun Festival` are April 29 May 8, 1988.
He also reported staff has requested the State reduce the speed limit on `Memorial Causeway` to 35 MPH.
The Interim City Manager requested Commission approval for `Cooper's Point` Purchase Agreement; the property to be conveyed to the City and County as tenants in common 2/3 to the
County, 1/3 to the City; the purchasers to receive a warranty deed for the upland portion and a special warranty deed for the submerged land. There will be an interlocal agreement providing
the City will have the responsibility of maintaining the property. An easement for ingress and egress will be included in the title and covered by
title insurance. The Purchase Agreement requires the City to pay 1/2 of the closing costs, which is approximately $2,600.!
Commissioner Winner moved to authorize the execution of the Purchase Agreement as described by the Interim City Manager and the appropriate officials be authorized to execute same.
`Motion` was duly seconded and `carried` unanimously.!
The Interim City Manager reported that all five `City Manager candidates` have passed Walker and Associates' background check. The Commission set February 22 and 23, and March 1 and
2, 1988 for City Manager interviews.!
CITY ATTORNEY REPORTS
XIII First Reading Ordinances
Item #40 Ordinance 4535 88 Vacating an alley lying between Lots 30 45, inclusive, Blk. B, Clearwater Beach Park 1st Addn., & Lots 1 8, inclusive, Blk. A, Clearwater Beach Park
1st Addn. Replat (Henriques) V 87 18
The City Attorney presented Ordinance 4535 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4535 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 #41 Resolution 88 13 Assessing the owners of property the costs of having mowed or cleared the owner's lot; Rescinding Resolution 88 05 relating to such costs.!
Commissioner Winner moved to pass and adopt Resolution 88 13 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 None.
XVI Other Commission Action
Commissioner Nunamaker requested the Commission consider scheduling City Commission meetings during the day, possibly starting at 1:00 p.m.
The majority of the Commission did not support this suggestion.
Commission Nunamaker also requested Commission consider obtaining money to improve 40 acres of parkland at `Lake Chatauqua`.
Commissioner Winner stated he would pursue all means possible to stop the excessive `noise` on Clearwater Beach.
He requested the proposed six lanes and overpasses for `McMullen Booth Rd.` be discussed at the next work session.
Commissioner Berfield requested the `Pinch A Penny Adopt A Park` Agreement be researched and scheduled for discussion at the next work session.
Commissioner Berfield questioned whether or not people are allowed to continue to inhabit structures after water service has been discontinued.
The City Attorney stated the City does not evict tenants for lack of utility service.
XVII - Adjournment
The meeting adjourned at 7:45 p.m.