02/18/1988 CITY COMMISSION MEETING
February 18, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, February 18, 1988, at 6:04 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice Mayor/Commissioner (arrived 6:07 p.m.)
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 Mr. Deane Booth of the First Christian Church. !
`In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order`. !
`III` Service Pin Awards !
1 service pin was awarded to a City employee.!
`IV` Introductions and Awards !
Employee of the Month, February, 1988 `Robert Craft, Marine Department`!
Proclamations None.!
`V` Minutes of the Regular Meeting of February 4, 1988 !
Commiss 4, 1988 as recorded and submitted in written summation by the Clerk to each Commissioner. `Motion` was duly seconded and `carried` unanimously. !
`VII` Citizens to be heard re items not on the Agenda !
Ralph Roberts requested Staff investigate the vandalism problems occurring due to the game room located in Sunshine Mall.!
Smith Howard spoke in favor of dredging Dunedin Pass, emphasizing the necessity of cleansing the Bay to prevent the loss of sea life.!
`VIII` Public Hearings !
Item #9 Declaring Property Surplus and Approve Amendment to the Lease Agreement between the Foundation and the City dated November 12, 1985, adding the fifteen acre park site to
the lease; M&B 44.03, Sec. 20 28 16 (`PR`)!
The subject property is a fifteen acre park site that was dedicated to the City by U.S. Home at the time of annexation. The property abuts the originally leased land of the Chi Chi
Rodriquez Youth Foundation on the east and extends westward to Landmark Drive on the west. The zoning is OS/R (Open Space/ Recreation). The Foundation has requested use of this site
to allow them sufficient space to design and construct a regulation public golf course. !
Commissioner Nunamaker moved to declare surplus the 15 acre park site (M&B 44.03, Sec. 20 28 16) to City needs and approve the amendment to the Lease Agreement between the City and
the Chi Chi Rodriquez Youth Foundation, Inc. to add the site to the property presently leased by the Foundation, and that the appropriate officials be authorized to execute same. `Motion`
was duly seconded and `carried` unanimously. !
Item #10 Vacation Request of an Unnamed 30 foot street (now known as Pierce St.) running in an east west direction lying north of Lots 7, 11, 13, 15, 17, 19, and 21, Janie Daniels
Sub. (City of Clearwater) V 87 19 (`PW`) !
The City is the owner of all properties on the north and south sides of Pierce St. east of Madison Ave.!
The vacated portion could remain open as an entry/exit to the City Facilities but would allow for rapid closing should City requirements dictate. !
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections providing a utility easement is retained.!
Commissioner Regulski moved to approve the request and to direct the City Attorney to include in an ordinance. `Motion` was duly seconded and `carried` unanimously. !
Item #11 Request for variance to the 500 foot minimum distance requirement for alcoholic beverage sales part of Lot 1, Blk. B, Columbia Sub. zoned CR 28 (Resort/Commercial "Twenty Eight")
(Tracey/Anchor Mini Mart) AB 88 03 (`CLK`) !
Pursuant to Ordinance 4470 87, this request was received to permit package sales of beer within 220 feet of a residential zone at 207 Coronado Drive.!
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on February 16, 1988 subject to the following conditions: 1) closing at 9:00 p.m.; 2) use
permit procured within 6 months; and 3) City Commission grant a variance to the 500 foot separation requirement.!
James Tracey stated the conditional use for alcoholic beverage sales was denied by the Planning and Zoning Board last June because of inadequate parking. Mr. Tracey stated the Planning
and Zoning Board has now approved the conditional use subject to the conditions: 9:00 p.m. closing, the use permit being obtained, and the variance to the minimum distance requirement
being granted by the City Commission. Mr. Tracey submitted a petition signed by the Devon Drive residents requesting the Convenient Mart be allowed to sell beer and wine. Mr. Tracey
stated the Convenient Mart closes at 9:00 p.m. and he has no problem with the conditions imposed by the Planning and Zoning Board.!
Commissioner Nunamaker moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property subject to the conditions that the establishment
close at 9:00 p.m. and the use permit be obtained within six months. `Motion` was duly seconded and upon the vote being taken: Commissioners Regulski, Winner, Nunamaker and Mayor Garvey
voted "aye". Commissioner Berfield voted "nay". `Motion carried`.!
Item #12 Request for variance to the 500 foot minimum distance requirement for alcoholic beverage sales Gould & Ewing's Sub. Second Addn., Blk. 20, Lot 3, zoned UCC (Urban Center
Core) (Hoban/the Daily Planet Cafe) AB 88 04 (`CLK`) !
Pursuant to Ordinance 4470 87, this request was received to permit on premises consumption of beer and wine within 0 feet of residential use at 635 B. Cleveland Street.!
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on February 2, 1988 subject to the following conditions: 1) use permit procured within
6 months and 2) City Commission grant a variance to the 500 foot separation requirement.!
Salvatore Bonagura stated this location was formerly a restaurant with a 2COP beverage designation and they wish to continue serving beer and wine. !
In response to a question regarding whether the application was necessary, the Planning Director stated the conditional use application was submitted prior to adoption of Ordinance
4420 87. !
Commissioner Berfield moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property. `Motion` was duly seconded and `carried`
unanimously. !
As the following item was previously tabled, Commissioner Winner moved to remove Item #13 from the table. `Motion` was duly seconded and `carried` unanimously.!
Item #13 Petition for Annexation, CH (Highway Commercial) Zoning and a Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for a 1.63 acre parcel
located at the SW corner of the intersection of Haas Ave. and U.S. 19; Lots 1 and 2, Haas Sub. and part of Lot 3, Blackburn Sub., Sec. 6 29 16 (Ridge Haven Assoc., Ltd.) A 87 37, LUP
87 25 (`PUD`) !
This is a portion of the property presently developed as Ridge Haven Trailer Park. The request is made to permit commercial development of the property which fronts on U.S. 19. The
removal of a single family residence on lot 1 and the relocation of several mobile homes will be required. City water and sewer can be extended to service the property. Upon development,
a 40 foot drainage and utility easement will be requested along U.S. 19.!
It is Commission policy that requested annexations include all contiguous property under a single ownership. The owner of this property also owns lots 3 8, Haas Sub. and the remainder
of lot 3, Blackburn Sub. The petition does not include these other properties.!
This item was originally submitted as a smaller parcel for consideration at the October 15, 1987 Commission meeting, but was never officially received. On January 7, 1988, the Commission
tabled a request for a differently configured property to be annexed because the applicant again revised the request to include the larger subject land area.!
Ed Armstrong, attorney representing Ridge Haven Associates Ltd., stated the application has been amended to include all highway frontage. In response to a question regarding replacement
lots for the existing mobile homes, Mr. Armstrong stated the applicant owns approximately one half of the mobile homes that will require relocation. !
Commissioner Regulski moved to approve the requested annexation, zoning, and land use plan amendment on the subject property subject to the condition that, concurrent with the ordinance,
input and approval from all affected mobile home owners will be sought and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously.
!
Item #14 Petition for Annexation, P/SP (Public/Semi Public) Zoning and a Land Use Plan Amendment from Low Density Residential to Public/Semi Public for the E portion (1.6 acre)
of a 2.5 acre parcel located on the E side of McMullen Booth Rd. approx. 550 ft. S of Bay Lane; M&B 21.07, Sec. 16 29 16 (Calvary Open Bible Church) A 87 45, LUP 87 31 (`PUD`) !
The property is developed with three buildings. The principle church building is facing McMullen Booth Rd. and the two remaining buildings containing a hall and Sunday School classrooms
are located in the rear. City water and natural gas are now available to the site.!
Commissioner Berfield moved to approve the requested annexation, zoning and land use plan amendment on the subject property excluding the abutting right of way for McMullen Booth
Rd. and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously. !
Item #15 Petition for Annexation and RS 8 (Single Family Residential) Zoning for a 1.06 acre parcel located on the W side of Lantana Avenue between Idlewild and Arbelia Streets; Lots
2 9, inclusive, Blk. H, Brooklawn Sub. (Rogero) A 88 1 (`PUD`) !
The property is proposed to be developed with single family residences as part of a larger development which includes properties adjacent to the south within the City. City water is
available and city sewer can be extended to the property.!
It was requested that the street names that are duplicates of street names on the beach be addressed.!
Commissioner Nunamaker moved to approve the requested annexation and zoning on the subject property including the abutting rights of way of Lantana Avenue and Arbelia Street and to
direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously. !
Item #16 Zoning Atlas Amendment from RS 2 (Single Family Residential) to OS/R (Open Space/Recreation) for a 2.89 acre 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`) !
At the time of the annexation of this parcel in conjunction with the parcel to the south, the property was owned by the Pinellas Area Council, Boy Scouts of America but was under contract
to Stevens Designer Homes. !
The requested amendment to the County Land Use Plan, State approval and the final ordinance as amended and passed by the Commission on June 18, 1987 did not include the subject parcel
and the land use designation remained Recreation/Open Space. The zoning ordinance as passed by the Commission on June 18th zoned the subject parcel RS 2 as part of the parcel to the
south.!
The City purchased the subject property in July from Stevens Designer Homes for park use. It is now appropriate that the RS 2 zoning be amended to OS/R to be brought into conformance
with the existing land use plan designation.!
Commiss
subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously. !
Item #17 Land Use Plan Amendment from Commercial/ Tourist Facilities to High Density Residential and a Zoning 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`) !
This request is made to permit the development of an apartment complex on the presently vacant parcel. !
A site plan for the Waterfall Apartments for this property was submitted for review in May, 1985 prior to the adoption of the new Land Development Code. The approval for the site
plan expired on
February 27, 1987. The current code does not permit multi family development in the CG zoning district. A new site plan which meets the current code will be required. The open space
land and facility fees will be due upon development.!
James Leach, Executive Director of UPARC, stated an apartment complex was planned for this site prior to the property being donated to UPARC. The zoning changed during the time approval
was being sought from HUD. Mr. Leach stated every attempt will be made to preserve the natural environment on the site and to provide adequate drainage. The area is already mixed residential
and commercial use. Mr. Leach stated they feel it is an appropriate site for an apartment complex for mentally disabled individuals who are capable of only limited independent living
as it is located close to other UPARC facilities, churches, shopping, etc.!
The Planning Director stated she does not disagree the site is convenient for this type of complex; however, this particular piece of property is located in the middle of commercially
zoned property. The Land Development Code does not provide for mixed multi family and commercial use. She emphasized the City Commission should be aware that complaints may be generated
by allowing the residential and commercial uses with no opportunity for buffering.!
Commissioner Berfield moved to approve the requested land use plan and zoning amendments and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded
and `carried` unanimously. !
Item #18 Amended Final Master CPD Site Plan for Beckett Lake Plaza located at the NE corner of the intersection of Belcher Rd. and Sunset Point Rd.; M&B 23.03, Sec. 6 29 16 (Webb's
Nursery, Inc.) PSP 86 5 (`PUD`) !
The CPD Master Site Plan for this property, originally approved by the Commission on June 19, 1986 and last certified on October 21, 1987, has been amended as follows: 1) a change
in shape and reduction in number of the retail structures, 2) parking lot revisions, 3) an increase in the area of landscaped islands, 3) a revision in utilities and easements for the
retail building and parking area, and 4) relocation slightly to the north of the southerly driveway on Old Coachman Rd.!
The proposed development will now consist of one (1) two story bank building, one (1) three story office building, and one (1) one story retail structure (originally two retail buildings)
for a total of 121,200 sq. ft. of floor area, the same as originally approved.!
Access is proposed at two points off Belcher Rd., one point off Sunset Point Rd., and two points off Old Coachman Rd.!
Commissioner Winner moved to approve the Amended Final Master CPD Site Plan for Beckett Lake Plaza subject to the following conditions: 1) the loading dock area for the Skaggs Building
should be screened with landscaping to buffer it from the right of way and the residential areas; 2) detailed landscaping plan must be submitted prior to the issuance of a building permit
specifically addressing a landscaping buffer mechanism for the single family homes to the east; 3) ingress and egress easements and a 10' utility easement should be provided over the
water mains up to and including meters and hydrants and detector checks prior to the issuance of a building permit; and 4) the requisite initial building permit be issued within six
months from the date of certification of the final site plan and all requisite certificates of occupancy be procured within three years from the date of certification of the final site
plan and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.
Item #19 Second Reading, 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 second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4535 88 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 Item #33.!
`Advisory Boards Notifications` Received.!
Item #20 Historic Preservation Board (2 members) (`CLK`) !
Item #21 Parks & Recreation Board (2 members) (`CLK`) !
Item #22 Planning and Zoning Board (1 member) (`CLK`) !
`Agreements` Approved!
Item #23 Ervin Harris All American Youth Club Agreement renewal for one year regarding the use of Holt Avenue Youth Center (`PR`) !
`Bids & Contracts` Approved!
Item #24 Microcomputer/Office Automation Equipment and Software, FY 1987/88 Award contracts as follows: 1) UNISYS Corp. hardware, $138,317.25 (to be lease/purchased); 2) UNISYS
Corp. software, $8,080.50; 3) The Software Spectrum Co. software, $13,491.00; and 4) Data Access Systems, Inc. hardware, $9,593.00; total purchase price of $169,481.75; lease/purchase
to be provided under the master lease contract with Citicorp North America, Inc. (`CS`) !
Item #25 MSA Composite Air Bottles (38) Purchase from West Coast Safety & Fire Equipment, Tampa for $10,982; for replacement on fire rescue units necessitated by a number of the
currently utilized air bottles exceeding their useful life and being unable to satisfactorily pass required hydrostat testing (`FD`) !
Item #26 Water Pollution Control Process Computer Replacement and Upgrade Contracts to purchase, install and train as follows: 1) Hewlett Packard Co. three Vectra ES/12 Model
42 computers, $38,830.17; 2) Briley, Wild & Associates software development, data conversion, engineering and operator training, $15,500.00; and 3) Software Spectrum accompanying
software package, $1,794.00; total, $56,124.17 for water pollution control plants (`PW`) !
Item #27 Annual Stop Sign and Street Name Fact Contract Purchase from Cherokee Highway Supply, Inc., Atlanta, GA; estimated $9,941.64 for replacement of approx. 1,076 sign faces
due to normal deterioration, accidents, and vandalism (`TE`) !
Item #28 Power Mole Model PD 4 with accessories Purchase from Dixie Pow R Mole Co., Peachtree City, GA, $9,372.50; for the Water Division to allow personnel to push casings or
conduits for water service lines under most streets, thereby eliminating costly and unsightly pavement cuts or other undesirable methods of pavement crossings (`UT`) !
Item #29 Annual Chlorine Contract Purchase from Van Waters & Rogers, Tampa, estimated $139,765.30; for use by the Water Division, Water Pollution Control Division, and Parks & Recreation
Department during period 2/1/88 to 1/31/89 (`UT`)!
Item #30 Annual Water Distribution Material Contract Purchase as needed from nine different vendors for an estimated total cost of $250,000.00 for period 12/22/87 to 12/22/88 (`UT`)
!
`Change Orders` Approved!
Item #31 C.O. #4 for Marshall St. Digestion System (Part A, #CL 84141 2) and Control Building Addition (Part B, #CL 85101 9) (+) $2,569.00 for a new total contract amount of $1,316,800.50
(`PW`) !
`Citizen & Staff Requests` Approved less Item #33 !
Item #32 Sailing Center on Sand Key Commence Phase I to include site work, sewer, parking lot, ramps, sod, etc. for an estimated cost of $100,945; City contributing $87,798 currently
on hand from impact fees, and $2,657 worth of in kind services; $13,945 from voluntary donations (`PR`) !
Item #33 See page 406 !
Item #34 Clearwater Square Building & Park Street Garage Consent to Assignment & Assumption of Municipal Agreements to Maria Real Estate, Inc. as transferred from J. K. Financial;
transfer includes all rights and obligations under the provisions of the original Development Agreement, parking lease, and Maintenance and Operation Agreement (`CM`) !
`Receipt & Referral` Received and referred to proper departments!
Item #35 Petition for Annexation and RS 8 Zoning for a .5 acre parcel located at the NE corner of the intersection of N. Betty Lane and Woodbine St.; Lots 10, 11, and 12, Blk. B,
Pine Ridge Sub. (Crum, Dunn, Land/City) A 88 6 (`PUD`) !
Item #36 Zoning District Amendment from RPD (Residential Planned Development) and P/SP (Public/Semi Public) to AL/I (Aquatic Land/Interior) for a .89 acre parcel located along the
SW boundary of a larger parcel located at the SW corner of the intersection of Union St. and Soule Rd.; M&B 21.00, NW 1/4 Sec. 5 29 16 (Sylvan Abbey Memorial Park, Inc.) Z 88 4 (`PUD`)
!
Item #37 Land Use Plan Amendment from High Density Residential to Commercial/ Tourist Facilities and a Zoning Amendment from RM 28 (Multi Family Residential) to CG (General Commercial)
for a .35 acre parcel located on the N side of Lakeview Ave. approx. 325 ft. E of S Highland Ave.; a portion of lots 1 and 2, Forest Hill Estates, Unit 5 (Day/City) LUP 88 4, Z 88 5
(`PUD`) !
Item #38 Petition for Annexation and RS 6 (Single Family Residential) Zoning for a 1.04 acre parcel located on the S side of S.R. 588 (Main St.) approx. 1,000 feet W of Forest Wood
Dr.; M&B's 14.151 and 14.152, NE 1/4 Sec. 5 29 16 (McMullen) A 88 7 (`PUD`) !
`City Attorney`
`Deeds & Easements` Accepted!
Item #39 Deed of Conveyance, City to County The S 200' of the NW 1/4 of the SE 1/4 of the SW 1/4 of Sec. 9 29 16 for right of way purposes for McMullen Booth Road.!
Item #40 Deed of Conveyance, City to County The E 150' of Sec. 16 29 16 for right of way purposes for McMullen Booth Road. !
Item #41 Deed of Conveyance, City to County Part of the SW 1/4 of the SW 1/4 of Sec. 9 29 16 for right of way purposes for McMullen Booth Road. !
Commissioner Nunamaker moved to approve the Consent Agenda as submitted, less Item #33, and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and `carried` unanimously. !
Item #33 Increased Sensor Monitoring System for Clearwater Pass Bridge Installation of eight additional sensors as recommended by the Consulting Engineers, Kisinger Campo at an
estimated cost of $60,000; and increase the Bridge Repair budget by $40,000 to accommodate for this installation (`PW`) !
On November 5, 1987, the City Commission approved the Clearwater Pass Bridge Monitoring System which will systematically track the structural status of the bridge for the next five
years. The system consists of the installation of tilt sensors and a series of bay bottom observations. !
Due to the progressive scouring of the bridge structure and the observed readings which indicate a tilting action has taken place, the installation of the additional eight sensors
is recommended by the bridge consultant, Kisinger Campo and Associates. The sensors will be in addition to the six sensors presently in place on the bridge. Kisinger Campo has also strongly
endorsed the continued enforcement of the weight and speed limit on the structure to ensure the continued structural integrity of the bridge. !
Bill Baker, Public Works Director, stated the existing tilt sensors showed 1/16 and 1/32 of an inch rotation had taken place at Clearwater Pass Bridge. Mr. Baker emphasized the bridge
is not falling down; some settlement has occurred, the tilting occurred during a bound time frame, and the problem is most likely of a non critical nature. Because the problem could
become serious, the additional tilt sensors are being recommended along with increased scouring observations which will be provided at no cost to the City. Mr. Baker stated staff does
not feel any other measures are called for at this time, but further measures may be taken in the future.!
Discussion ensued regarding the cost of replacing the bridge. Mr. Baker stated more information would be forthcoming when the consultant's study is finished within the next five months.
He stated a fixed, hi rise bridge that would be best for boats and motorists could cost between 10 and 15 million dollars. It was pointed out the City is working at obtaining Federal
funding, perhaps as much as 80 85% of the bridge cost, and funding is also being sought from the State. !
In response to a question, Mr. Baker stated he did not feel the dredging of Dunedin Pass will significantly affect the velocity of the current in the area of the Clearwater Pass Bridge.
The dredging is needed more for improvement to water quality.!
Two citizens spoke regarding the speed limit and weight limit on the bridge expressing concern that the distance between cars is not being addressed. It was suggested by one citizen
the City consider a tunnel beneath the bay. Mr. Baker stated a tunnel is not a feasible alternative.!
Commissioner Winner moved to approve the installation of the eight additional sensors on Clearwater Pass Bridge to increase the monitoring, and authorize an increase in the Clearwater
Pass Bridge Repair budget of $40,000 by transfer of funds from the Road and Drainage Program to fund the increased monitoring capability, 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 #42 Sale of City Surplus Lot on Brentwood Drive Part of Lot 4, Blk. D, Oak Acres Addition (`PW`) !
Staff readvertised the Brentwood Dr. surplus lot on January 8 and 15, 1988. Five bids were received, two without contingencies. Robert Root made the highest bid of $21,650. Mr. Root
was offered a proposed contract without contingencies; however, he returned the signed contract with five alterations and included a condition applying to building variances.!
Harry Mullen, Sr. submitted the other bid without contingencies, offering $17,000.!
Robert Aude submitted a bid for $17,100 subject to the condition a Unity of Title Agreement be executed and the buyer obtain conventional financing. Mr. Aude subsequently offered
to withdraw the contingency regarding financing.!
It is Staff's opinion that bids without contingencies for building variances and financing are more valuable.!
Carlton Ward, attorney representing Robert Aude and other residents of Oak Acres Subdivision, stated the residents of Oak Acres object to any development on the described lot. Mr.
Ward reviewed the history of the lot emphasizing Mr. Aude has agreed to a Unity of Title which will prevent development. In response to a question from the City Attorney regarding creating
a lot large enough to be built on without variances, Mr. Ward stated Mr. Aude would be willing to encumber the property to prevent that from happening.!
Harry Mullen expressed concern regarding the fact that Mr. Aude changed his bid two weeks after the bids were turned in. Mr. Mullen stated he owns an easement adjoining the subject
property that is used for ingress and egress. There is a water line going through the lot that services other properties and a Florida Power pole is in the center of the property. Mr.
Mullen requested the City Commission consider the bids as they were received.!
The Commission stated they would not consider Mr. Aude's offer to remove the financing contingency.!
Carolyn Verhiller, of Oak Acres Homeowners' Association, stated she attempted to get the members to purchase the surplus lot but could not get enough interest to raise the necessary
funds. Ms. Verhiller stated Mr. Mullen plans to develop the property and urged the Commission to accept Mr. Aude's bid. !
Robert Root stated he feels the lot is an ideal lot on which to build. Having the property developed would enhance the value to the surrounding neighborhood. Mr. Root stated there
is a provision in the Charter that allows construction without a variance. He stated the property did not have zoning when acquired by the City.!
Commissioner Nunamaker moved to accept the $17,100 bid submitted by Robert Aude with the understanding a Unity of Title be executed along with the deed and there be no development
on the lot other than additions to the existing structure. The `motion` was duly seconded and upon the vote being taken: Commissioners Nunamaker, Winner, Regulski and Mayor Garvey voted
"aye". Commissioner Berfield voted "nay". `Motion carried`.!
It was suggested that, to prevent problems from occurring in the future, the City attempt to obtain the variances prior to selling an undersized lot.!
Item #43 Receipt & Referral of Zoning Amendment from IL (Limited Industrial) to IPD (Industrial Planned Development) for a 30.59 acre parcel located at the SW intersection of McMullen Booth
Rd. and S.R. 590; a Preliminary Master Site Plan for South Oaks Fashion Square; and Consideration of an Amendment to the Annexation Agreement between the City of Clearwater and David
Bilgore & Co., Inc.; Lots 11 and 12, Blk. C, Dellwood Hts., Part Tract One, Baskins Replat N of RR ROW (Richland Properties) Z 88 6, PSP 88 7 (`PUD`) !
On July 16, 1981, the City of Clearwater entered into an agreement with David Bilgore & Co., Inc., the owner of a 42.97 acre parcel located at the SW corner of McMullen Booth Rd.
and S.R. 590. The agreement addressed the terms of annexation into the City of Clearwater and provided for water and sewer service to the property, dedication of rights of way for McMullen Booth
Rd., S.R. 590 and Landmark Dr. and required easements.!
In addition, the portion of the property located N of the railroad right of way (36.67 acres) was to be further restricted as to zoning at the time of development, building height
limitation, setbacks, minimum parcel size and uses allowed on the property.!
On July 16, 1987, the City Commission denied a request to amend the annexation agreement to allow development of a 275,000 sq. ft. shopping center on property N of the railroad and
to eliminate provision for right of way for Landmark Drive.!
The owner has submitted a request to rezone the property to IPD requiring no amendment to the Land Use Plan with a master site plan which provides for a retail shopping center containing
139,000 sq. ft. of retail floor area and 10,000 sq. ft. of office floor area, two office buildings containing a total of 40,000 sq. ft. of floor area, and four free standing retail buildings
containing a total of 17,000 sq. ft. of floor area. The entire development would contain 246,000 sq. ft. of floor area with a F.A.R. of .18. The provision for retail uses on the site
necessitates amendment to the annexation agreement which now restricts uses to corporate office and related light industrial activities.!
Access is requested from several points along S.R. 590 and McMullen Booth Rd. with no provision for access from the W side of the property.!
Prior to proceeding to public hearing, the site plan must be reviewed by the Development Review Committee to determine conformance with Clearwater development regulations.!
The Planning Director reviewed the history of this request stating the original annexation agreement allowed for corporate office or light industrial use. The owners of the property
are now requesting the annexation agreement be amended to allow commercial and retail use. Ms. Harvey reviewed the concerns of staff regarding the development such as the Traffic Engineer's
concern with three access cuts, the fact that additional right of way is required, drainage, and dumpster location; however, she emphasized these could be addressed at final site plan
review.!
Dave Healey, representing Richland Properties, emphasized certain areas in which the status of the location has changed since 1981 when the original annexation agreement went into
effect. Mr. Healey stated he is confident that the concerns of staff can be addressed. He feels the current site plan represents a substantial compromise on the part of the developer.
Mr. Healey stated McMullen Booth Road is no longer a rural road, but a designated major north/south expressway which is scheduled for improvement in the very near future. He emphasized
the surrounding area is primarily commercial/retail. In response to a question regarding the necessary right of way that would be required, Mr. Healey stated the developer is prepared
to make the right of way dedication.!
Concerns were expressed regarding adding more development to McMullen Booth Road capacity and regarding development of outparcels. The Planning Director stated the development of outparcels
could be addressed at final site plan review.!
Commissioner Winner moved to receive and refer the zoning amendment from IL to IPD, a preliminary master site plan for South Oaks Fashion Square, and an amendment to the annexation
agreement on the subject property. `Motion` was duly seconded and upon the vote being taken: Commissioners Winner, Nunamaker and Berfield voted "aye". Commissioner Regulski and Mayor
Garvey voted "nay". `Motion carried`.!
`The meeting recessed from 8:00 8:10 p.m.`!
Item #44 First Quarter Budget Amendments First Readings (`CM`)!
`(a)` Ordinance 4550 88 Amending the Operating Budget for FY 87/88 to reflect increases and decreases in revenues and expenditures for the General Fund, Utility Fund, Bridge Fund,
Marina Fund, Parking Fund, Pier 60 Fund, Airpark Fund, Garage Fund, Special Development Fund, and Special Program Fund; for a total First Quarter Budget increase in the Operating Budget
of $5,664,642!
The City Attorney presented Ordinance 4550 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4550 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
`(b)` Ordinance 4551 88 Amending the Capital Improvement Program Report and Budget for FY 87/88 to reflect an expenditure increase of $1,142,279 to expand the scope of projects in
the functional categories of Police Protection, Fire Protection, Park Acquisition, Park Development, Marine and to reflect a decrease of budget expenditires of $257,062 in Major Street
Repaving; for a net increase of $885,217.!
The City Attorney presented Ordinance 4551 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4551 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #45 Resolution 88 8 Approving Amendments to an Interlocal Agreement with other Governmental Units within the State of Florida which created the First Florida Governmental
Financing Commission, relating to membership and alternate representation of the members of the Commission; Authorizing execution of the Amendments by the Mayor and City Clerk; Providing
for the recording of the Amended Agreement (`FIN`) !
The First Florida Governmental Financing Commission, of which the City is a member, has proposed to amend the interlocal agreement establishing the Commission to provide for a second
alternate representative in addition to the representative and first alternate representative. Since the Commission exists only by interlocal agreement, all seven participating municipalities
must approve any such change before it becomes effective. !
The City has designated the Finance Director, or his successor, as primary representative, and the Assistant Finance Director, or his successor, as the first alternate representative.
City staff does not propose to designate a second alternate representative, but recommends adoption of the resolution so other participants may do so if they wish. !
Commissioner Regulski moved to pass and adopt Resolution 88 8 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 46 Asphalt planing and paving of an Alley parallel to and just north of the 400 block of Cleveland Street Award contract to A.T. Moorefield Paving Contractors, Largo, FL for
$8,771.00 (`PW`)!
The ten foot public alley which runs behind the buildings on the N side of the 400 block of Cleveland St. is in need of resurfacing. Because of drainage considerations, it has been
determined that the simple covering of the existing surface would not be desirable, and that planing (grinding machine) of the existing surface to lower its elevation should preceed
the asphalt application. This work also includes a short section of Ashland Drive where the pavement contours call for planing.!
This work is of a special nature and is not already available under any of our existing contracts. !
Commissioner Regulski moved to approve award of asphalt planing and paving to A.T. Moorefield Paving Contractors at a cost of $8,771 and that the appropriate officials be authorized
to execute same. `Motion` was duly seconded and `carried` unanimously.!
XI Other Pending Matters None
XII Verbal Reports
The Interim City Manager stated that City Manager candidate Abolt has accepted a position in Georgia. The remaining four candidates' interviews need to be scheduled.!
Commission consensus was to schedule candidate Rabun at 9 a.m. on February 22; candidate Korn at 9 a.m. on February 25; to move the previously scheduled Goals and Objectives for the
Comprehensive Plan to 1:30 p.m. on February 25; to schedule candidate Jackson on 8 a.m. on March 1; and candidate Crawford at 3 p.m. on March 1. Commission consensus was to contact Robert
LaSala regarding a possible interview on February 22 at 1 p.m. !
`CITY ATTORNEY REPORTS`
`XIII First Reading Ordinances` !
Item #47 Ordinance 4536 88 Annexation of property located on the W side of McMullen Booth Rd., approx. 1,300 ft. 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 !
The City Attorney presented Ordinance 4536 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4536 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #48 Ordinance 4537 88 Land Use Plan Amendment from Low Density Residential to Public/Semi Public for property annexed in Ord. 4536 88 (Northeast Church of Christ) A 87 39,
LUP 87 26 !
The City Attorney presented Ordinance 4537 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4537 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #49 Ordinance 4538 88 Zoning Atlas Amendment as Public/Semi Public for property annexed in Ord. 4536 88 (Northeast Church of Christ) A 87 39, LUP 87 26 !
The City Attorney presented Ordinance 4538 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4538 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #50 Ordinance 4539 88 Annexation of property located on the W side of McMullen Booth Rd. approx. 1,100 ft. N of Main St. (S.R. 588); M&B 22.05, Sec. 4 29 16 (McMullen) A
87 41 !
The City Attorney presented Ordinance 4539 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4539 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #51 Ordinance 4540 88 Zoning Atlas Amendment as Single Family Residential (RS 4) for property annexed in Ord. 4539 88 (McMullen) A 87 41 !
The City Attorney presented Ordinance 4540 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4540 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #52 Ordinance 4541 88 Annexation of property located on the E side of Woodcrest Ave., approx. 375 ft. S of Jeffords St.; the N 90' of Lot 4, Blk. J, Oak Acres Add. Unit 1
(Jones) A 87 42 !
The City Attorney presented Ordinance 4541 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4541 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #53 Ordinance 4542 88 Zoning Atlas Amendment as Single Family Residential (RS 6) for property annexed in Ord. 4541 88 (Jones) A 87 42 !
The City Attorney presented Ordinance 4542 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4542 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #54 Ordinance 4546 88 Annexation of property located on the N side of Parkwood St., approx. 450 ft. E of Betty Lane; Lot 16, Blk. A, Pine Ridge Sub., (Oremland) A 87 44 !
The City Attorney presented Ordinance 4546 88 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4546 88 on first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #55 Ordinance 4547 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4546 88 (Oremland) A 87 44 !
The City Attorney presented Ordinance 4547 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4547 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None. !
Item #56 Ordinance 4548 88 Amending Section 136.024(d), Relating to Alcoholic Beverages as amended by Ordinance 4420 87 relating to powers of the Planning and Zoning Board !
The City Attorney presented Ordinance 4548 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4548 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #57 Ordinance 4552 88 Designating the Planning & Zoning Board as the Local Planning Agency pursuant to Section 163.3174, Florida Statutes; Repealing Ordinance 1653 which designated
the Planning Department of the City and the Pinellas Planning Council as the local planning agency. !
The City Attorney presented Ordinance 4552 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4552 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 #58 Resolution 88 14 Assessing property owners the costs of having mowed or cleared the owners' lot !
Commissioner Regulski moved to pass and adopt Resolution 88 14 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 #59 Resolution 88 15 Requesting the Florida Legislature give favorable consideration to certain Amendments to Sec. 790.06, Florida Statutes (1987), Relating to licenses to
carry concealed weapons of firearms. !
Commissioner Winner moved to pass and adopt Resolution 88 15 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 #60 Settlement of Claim Amy Devoll. !
This claim against the City is for damages for personal injuries occurring to claimant on August 27, 1986, at Wood Valley Park. No lawsuit has been filed at the present time.!
According to medical personnel, Ms. DeVoll sustained a severe laceration to her ring finger that resulted in permanent damage and scarring. At the time of her last visit to the physician,
he noted she had a small loss of motion in terms of full extension.!
Her medical expenses at Morton Plant Hospital were $2,653.05 and she was unable to work for several weeks because of the injury.!
The City's settlement review committee has met, reviewed and evaluated this claim. A tentative settlement has been reached with plaintiff and her attorneys for $15,000 subject to
Commission approval. It is believed this settlement is in the best interests of the City.!
A question was raised regarding the $15,000 settlement amount. The City Attorney stated this includes pain and suffering and partial loss of motion of the claimant's finger.!
Commissioner Regulski moved to authorize settlement of $15,000 for the personal injury sustained by Ms. DeVoll. `Motion` was duly seconded and upon the vote being taken: Commissioners
Berfield, Regulski, Winner and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". `Motion carried`.!
The City Attorney questioned whether the City Commission had any questions regarding the Cooper's Point Purchase Contract. He requested the Commission designate an authorized signature
for the contract.!
Commissioner Regulski moved to authorize the Interim City Manager to sign the Purchase Contract for Cooper's Point. `Motion` was duly seconded and `carried` unanimously. !
`XVI` Other Commission Action !
Commissioner Winner requested the City Commission continue support of the Pinellas Planning Council. He reported the leaks at the Beach Police Substation habe been fixed and the substation
should be in use soon.!
Commissioner Regulski requested consideration of the request from Ashland Heights for stop signs. Commission consensus was to discuss this at the next work session.!
Mayor Garvey stated that proposed language for a constitutional amendment regarding mandates has been distributed and the Florida League of Cities will be looking for City support
if they cannot get it on the ballot without petitions.!
XVII Adjournment
The meeting adjourned at 9:34 p.m.