03/17/1988 CITY COMMISSION MEETING
March 17, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, March 17, 1988, at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice Mayor/Commissioner (arrived 6:06 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 Reverend Alfonso Delaney, Mt. Zion United Methodist 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 None.!
`IV` Introductions and Awards !
Employee of the Month, March, 1988 `James "Cecil" Johnson`, Water Division!
Proclamations!
`Community Development Week` April 2 9, 1988!
`V` Minutes of the Regular Meeting of March 3 and Special Meetings of February 25 and March 7, 1988.!
Commissioner Winner moved to approve the minutes of the regular meeting of March 3 and special meetings of February 25 and March 7, 1988 as recorded and submitted in written summation
by the Clerk to each Commissioner. `Motion` was duly seconded and `carried` unanimously. !
`VI` Presentations!
Swearing In Ceremony 30 Police Aides were administered the Oath of Office
by the City Clerk.!
The Greater Clearwater Innkeepers Association presented a check for $1,100 to Police Chief Klein to help support the cost of the Beach substation.!
`VII` Citizens to be heard re items not on the Agenda !
Syd Snair requested the status of the Inoperable Vehicle Ordinance.
The City Attorney stated it should be ready for first reading at the next Commission meeting.!
Gordon McDougall complimented Police Chief Klein for a job well done. He expressed concern regarding the number of newspaper vending machines located throughout the City and requested
the City regulate them if possible.
Bonnie Harding requested the Park Street bus terminal be cleared of transients and skateboarders. She also questioned the plans for the former Mobil Station located on Island Estates.!
Lois Cormier expressed concern regarding the number of transients in downtown Clearwater and requested the City consider giving up some property and/or moving some houses to allow
a project such as Isaiah's Inn in an area other than downtown Clearwater.!
Reverend Alfonso Delaney introduced Reverend Harvey Lawrence who stated his church, located at 1419 Betty Lane, will be having a walk a thon on April 16th to raise funds for building
a new church. He stated they are in Clearwater to be of service to the community.!
Joe Fletcher, Sr. expressed concern regarding the 15 m.p.h. speed limit on the Clearwater Pass Bridge and requested the City consider spacing the cars on the bridge.!
The Public Works Director stated spacing the cars at intervals would be an unmanageable situation.!
`VIII` Public Hearings !
Item #09 Vacation of the W 1 foot of the existing 10 foot Drainage and Utility Easement at the rear of Lot 185, Woodgate of Countryside, Unit 1 (2413 Moore Haven Drive West) (Feldman)
V 88 02 (`PW`)!
A current survey of the applicant's property indicates the existing pool encroaches up to 1/2 foot into the easement.!
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. !
Commissioner Regulski moved to approve the vacation request and to direct the City Attorney to include in an ordinance. `Motion` was duly seconded and `carried` unanimously. !
Item #10 Petition for Annexation and RS 8 Single Family Residential) 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 Sub. (Wallace) A 88 4 (`PUD`) !
A single family residence is proposed for this lot. The recreation facility fee has been paid and City sewer is available to the property.!
Commissioner Winner moved to approve the annexation and RS 8 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 #11 Petition for Annexation, OS/R (Open Space/Recreation) 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. which is on the W side of McMullen Booth Rd.; Lot 13, Kapok Forest Sub. (City) A 88 5, LUP 88 3 (`PUD`)!
This City owned vacant parcel does not lend itself to development as the lot is bisected by a 50 foot St. Petersburg water main easement.!
Commissioner Regulski moved to approve the annexation, zoning and land use plan amendments the subject property and to direct the City Attorney to include this in an ordinance. `Motion`
was duly seconded and `carried` unanimously. !
Item #12 Request for variance to the minimum distance requirement for alcoholic beverage sales Coral Cove Condo, Lot 2, zoned CG (General Commercial) (Southland Corporation) AB
88 06 (`CLK`) !
The Planning and Zoning Board on March 15, 1988 denied the conditional use request for alcoholic beverage sales. Item `withdrawn`. !
Item #13 Request for variance to the minimum distance requirement for alcoholic beverage sales M&B 24 07, Sec. 16 29 16, zoned CG (General Commercial) (Marathon Petroleum Co.)
AB 88 05 (`CLK`) !
Pursuant to Ordinance 4420 87, this request was received to permit beer and wine package sales within 27 feet of a residential zone.!
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on March 15, 1988 subject to the following conditions: 1) building permit procured within
six months; 2) City Commission grant a variance to the 500 foot separation requirement; 3) a six foot opaque fence with landscaping to reach a minimum of eight feet in height; and 4)
lighting be directed away from the residential area.!
Carlton Ward, Attorney representing the applicant, stated this property was previously a gas station selling alcoholic beverages. The applicant now wishes to build a new facility;
and because the attendant booth needs a line of sight to parking and the rest of the facilities, the booth must be constructed between 45 and 46 feet from the property line. The ordinance
requires openings for windows, etc. to be 50 feet from a residential zone. Mr. Ward stated there wouldn't be a negative impact with granting this variance, and it is the minimum variance
required. In response to a question regarding access to the residential area, Mr. Ward stated there would be none.!
The Planning Director presented pictures that were submitted to the Planning and Zoning Board on March 15, 1988 and stated Trade Winds Condominiums have now withdrawn their objection
due to the provision for buffering required by the Planning and Zoning Board.!
Commissioner Regulski moved to approve a five foot variance to the 50 foot distance requirement for windows and other openings from residential property. `Motion` was duly seconded
and `carried` unanimously.
Later in the meeting Carlton Ward requested clarification regarding a proposed dumpster located within 50 feet of the residential zone.!
Commission consensus was another variance was not required.!
Item #14 Second Reading, Ordinance 4565 88 Creating Section 120.18, Code of Ordinances, Relating to Traffic Safety to prohibit standing or walking on the paved portion or in certain
unpaved portions of any public street right of way for the purpose of soliciting or collecting donations of money or property of any kind from the occupant of any motor vehicle, or soliciting
the purchase of or selling property or services by or to the occupant of any motor vehicle. !
Five citizens spoke in favor of the proposed ordinance citing safety concerns, the impression made on tourists visiting Clearwater, and the nuisance of soliciting done in street right of ways.!
Five citizens spoke in opposition to the proposed ordinance stating it will result in a loss of donations for organizations such as Muscular Dystrophy. It was requested that certain
501C charities be exempted from the ordinance.!
Discussion ensued regarding the problems of exempting certain organizations from the ordinance. !
It was pointed out the safety factor is very important as it could mean a serious source of liability for the City should someone be injured in a street right of way.!
The City Attorney presented Ordinance 4565 88 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance 4565 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.!
`Agreements` Approved !
Item #15 Agreement to Utilize Pinellas Planning Council Municipal Planning Assistance Funds to receive $4,175 for Fiscal Year 1987 88 (`PUD`) !
`Bids & Contracts` Approved!
Item #16 Renovation of Holt Avenue Swimming Pool award contract to Pinellas Pools, Inc., $62,237.00 (`PR`) !
Item #17 Morningside Recreation Center/Downstairs Renovation approve a new CIP budget and transfer $10,077.00 from recreation facility impact fees into the new project (`PR`) !
Item #18 Hoyt Avenue Soccer Field (87 44) award contract to Caladesi Construction Co., Inc., Largo, $7,800.00 for expansion of existing NW soccer field as well as practice field
areas (`PW`) !
Item #19 Copper Wire purchase 1500 feet from Davis Electric Supply, $1,076.35 and 3000 feet from Chemco Electric Supply, St. Petersburg, $7,650.00; total cost $8,726.35 (`TE`)!
Item #20 Fire Hydrants (75) purchase from Hughes Supply Company, $469 each, total $35,175.00 for period 4/1/88 to 3/31/89; to be used for upgrading existing hydrants, replacing damaged
hydrants, or installation on various main extension/replacement projects (`UT`) !
`Citizen & Staff Requests` Approved!
Item #21 Forest Run Park (Countryside Tract 61) Approve recommended name for a 21 acre park located on SW corner of Curlew Rd. and Landmark Dr. (`PR`) !
Item #22 Coachman Ridge Park Approve recommended name for a 9.3 acre park located on the NW corner of Old Coachman Rd. and N.E. Coachman Rd (`PR`) !
Item #23 Lot Clearing Lien, Breeze Hill Subdivision, Blk. A, Lot 6 Deny request for reduction or forgiveness of lot clearing charges of $1,199.02 (Panfili) (`CLK`) !
Item #24 Long Range Computer Plan Exception to allow the Parks and Recreation Dept. to purchase new computer equipment & software, $1998, to be paid from undesignated donation funds
(`PR`) !
`Leases` Approved!
Item #25 Marina Rooms 5 & 9, Lease Assignment from M. Alfred & Katherine Gregory (current lessees) to Roy M. & Mary Kay Carpenter d/b/a Marina Gifts & Souvenirs, effective 3/18/88;
all conditions, limitations, restrictions and obligations of the current lease remaining in effect throughout the term of the current lease (8/1/86 9/30/91) (`MR`) !
Commissioner Regulski 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 #26 Appointment of a Citizen Advisory Task Force for the Traffic Circulation Element of the Comprehensive Plan!
To provide for citizen input in updating the comprehensive plan, the City Commission has authorized task forces for development of each element of the comprehensive plan with the exception
of the Traffic Circulation element.!
The Chamber of Commerce offered the names of several individuals within their organization, serving on the Transportation Committee of the Chamber, who have offered to serve in this
capacity. !
Discussion ensued regarding the size of the proposed Citizen Advisory Task Force and whether City residency hould be a requirement.
Consensus was the members should either be residents or be doing business in the City of Clearwater.!
Commissioner Regulski moved to appoint Scott Chinery, Peter Woodham, Bill Stephan, and Dick Fitzgerald to the Citizen Advisory Task Force. `Motion` was duly seconded and `carried` unanimously.!
Commissioner Regulski moved to appoint Jim Phillips, Tom Cardy, and Bruce Baldwin to the Citizen Advisory Task Force. `Motion` was duly seconded and `carried` unanimously.!
Item #27 Contract between City of Clearwater and Fraternal Order of Police for 10/1/87 through 9/30/90.!
After several months of bargaining, the City and Union have reached a collective bargaining agreement that will establish the wages, benefits, and other terms and conditions of employment
of bargaining unit members.!
The most significant changes from the previous contract are:
1) Time limits were standardized to seven (7) days for all steps in the grievance process.
2) New language provides that discrimination charges based on federal law are not grievable under contract but have to be pursued through appropriate agency.
3) Sick leave accrual cap set at 2400 hours.
4) Employee out sick must call in at least 1/2 hour before reporting time and must provide a phone number and adress where he/she can be reached.
5) Residency requirement of Pinellas County established for all employees hired after December 15, 1986 (already requirement under Civil Service rules).
6) Prohibition of use of tobacco for all employees hired after December 15, 1986 established (already requirement under Civil Service rules).
7) Employees required to wear seatbelts when driving, except for cases of operational necessity.
8) (none listed)!
9) Police related outside employment restricted to 20 hours per week with exceptions up to the sole discretion of Police Chief.
10) No disciplinary action taken for violation of posted rule or regulation until at least 48 hours after initial posting.
11) Police Officers shall not be required to change auto tires except in emergencies and will be provided with noose (through supervisory personnel) for moving dead animals.
12) Re employment rights reduced to two (2) years from previous five (5) years.
13) Employee recalled while on vacation shall be paid time and one half for hours worked.
14) All time paid for any court attendance will count as time worked.
15) Employees hired after July 1, 1987, shall be required to meet standards consistent with those required at time of their employment; if decicient, he/she shall be required to undergo
physical rehabilitation and complete same within 3 to 6 months subject to discipline for failure to participate in rehab.
16) Wages to be increased 5% October 1, 1987, 1988, and 1989.
17) As budget and training permits, officers shall be furnished 9 mm weapons and PR 24 batons; two piece rain gear with hoods to replace existing rain gear.
18) Parties agree to bargain proposed changes in Pension Plan and Civil Service Rules insofar as they impact bargaining unit members.
19) Substance Abuse and Testing language tied to "reasonable suspicion", based on observed actions or appearances by immediate supervisor and Chief or designee. Second test required
if first is positive; sample taken shall be sufficient to provide to Union or employee for separate testing.
20) Use of illegal drugs at any time shall be grounds for immediate termination.
21) City will continue to allow employees to give brief statement to accident review boards.
Discussion ensued regarding the 5% cost of living increase and the fact it was not budgeted for 1987/88 fiscal year.
The Interim City Manager stated it would be difficult to prejudge what the increase would be prior to the bargaining process. !
Commissioner Regulski moved to approve the Contract with the FOP and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
Item #28 Clearwater Beach Restrooms Authorization of a new CIP budget for restrooms to be constructed on Clearwater Beach with funding to come from park impact fees and interest
on unspent General Obligation Bond Funds.!
The new restroom facilities will consist of six individual units constructed out of wood by the City's Building Maintenance Division. The estimated cost for construction is $13,726.
Additionally, $9,000 is needed for connection to sewer in the event a lift station is needed. Therefore, staff recomends that a new CIP code be authorized in the amount of $22,726. Of
this total, it is recommended that $6,950 of impact fees be transferred into the new CIP code and the remaining $15,776 come from interest on unspent GOB funds.!
It was pointed out the cost of the Clearwater Beach restrooms will be less than providing the security guards used previously.!
Commissioner Berfield moved to authorize a new CIP budget for restrooms to be constructed on Clearwater Beach with funding to come from park impact fees and interest on unspent General
Obligation Bond Funds 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 he had been informed the day before the meeting that the `dredging of Dunedin Pass` had been removed from the State Cabinet agenda. He urged the Commission
to adopt a position statement regarding the dredging of Dunedin Pass. The removal from the Cabinet Meeting agenda may cause the allocated funds to be lost.!
Commissioner Regulski moved to approve the City of Clearwater's Position Statement regarding the reopening of Dunedin Pass. `Motion` was duly seconded and `carried` unanimously.
Commission consensus was to send a copy of the Statement to the Governor and Cabinet members requesting the item be placed back on the Cabinet agenda for Tuesday, March 22nd with
a cover letter regarding the urgency of the dredging project.!
The Public Works Director requested a plea also be made to Pinellas County that they might join in the appeal to the Cabinet.!
Commission consensus was to send a copy of the Position Statement to the State Cabinet members, Pinellas County Commission, and the local State Legislators the day following Commission
meeting.!
`CITY ATTORNEY REPORTS`
`XIII First Reading Ordinances` !
Item #29 Ordinance 4553 88 Vacation of an unnamed 30 foot street (now known as Pierce St.), running in an E W direction, lying N of Lots 7, 11, 13, 15 17, 19 and 21, Janie Daniels
Sub. (City) V 87 19 !
The City Attorney presented Ordinance 4553 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4553 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #30 Ordinance 4554 88 Annexation of property located at the SW corner of the intersection of Haas Ave. and US 19.; Lots 1 & 2, Haas Sub., together with a portion of Lot 3,
Blackburn Sub. (Ridge Haven Assoc. Ltd) A 87 37, LUP 87 25 !
The City Attorney presented Ordinance 4554 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4554 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #31 Ordinance 4555 88 Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for property annexed in Ord. 4554 88 (Ridge Haven Assoc. Ltd)
A 87 37, LUP 87 25 !
The City Attorney presented Ordinance 4555 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4555 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #32 Ordinance 4556 88 Zoning Atlas Amendment as Highway Commercial (CH) for property annexed in Ord. 4554 88 (Ridge Haven Assoc. Ltd) A 87 37, LUP 87 25 !
The City Attorney presented Ordinance 4556 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4556 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #33 Ordinance 4557 88 Annexation of property 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 !
The City Attorney presented Ordinance 4557 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4557 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #34 Ordinance 4558 88 Land Use Plan Amendment from Low Density Residential to Public/Semi Public for property annexed in Ord. 4557 88 (Calvary Open Bible Church) A 87 45,
LUP 87 31 !
The City Attorney presented Ordinance 4558 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4558 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #35 Ordinance 4559 88 Zoning Atlas Amendment as Public/Semi Public for property annexed in Ord. 4557 88 (Calvary Open Bible Church) A 87 45, LUP 87 31 !
The City Attorney presented Ordinance 4559 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4559 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #36 Ordinance 4560 88 Annexation of property located on the W side of Lantana Ave. between Idlewild and Arbelia Sts.; Lots 2 thru 9, Blk. H, Brook Lawn Sub. (Rogero) A 88 1
!
The City Attorney presented Ordinance 4560 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4560 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #37 Ordinance 4561 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4560 88 (RS 8) (Rogero) A 88 1 !
The City Attorney presented Ordinance 4561 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4561 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #38 Ordinance 4562 88 Zoning Atlas Amendment from Single Family Residential (RS 2) to Open Space/Recreation (OS/R) by rezoning property located on the W side of the northern
terminus of Soule Rd.; M&B 33.071, Sec. 32 28 16 (City) Z 88 1 !
The City Attorney presented Ordinance 4562 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4562 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #39 Ordinance 4563 88 Land Use Plan Amendment from Commercial/Tourist Facilities to High Density Residential (RM 28) for property located on the E side of Highland Ave., approx.
50' N of the intersection of Overlea St.; M&B 21.11, Sec. 11 20 15 (UPARC Foundation, Inc.) Z 88 2, LUP 88 1 !
The City Attorney presented Ordinance 4563 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4563 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #40 Ordinance 4564 88 Zonong Atlas Amendment from General Commercial (CG) to Multi Family Residential (RM 28) by rezoning property located on the E side of Highland Ave.,
approx. 50' N of the intersection of Overlea St.; M&B 21.11, Sec. 11 20 15 (UPARC Foundation, Inc.) Z 88 2, LUP 88 1 !
The City Attorney presented Ordinance 4564 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4564 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 19 Requesting the Pinellas County Board of County Commissioners to cancel and discharge certain tax liens upon municipal property acquired for public purposes,
and to grant tax exemptions !
Commissioner Winner moved to pass and adopt Resolution 88 19 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
Item #42 City Manager Selection!
One citizen spoke in support of City Manager Candidate Rabun emphasizing his experience with Florida beach communities, and in handling the large Manatee County budget, population,
and number of employees.
Discussion ensued regarding the two finalist candidates for City Manager pointing out the experience and advantages of each.
Commissioner Winner moved to offer the position of City Manager to C. Ray Jackson with a salary of $72,000 plus normal employee benefits, 6% ICMA contribution, car or car allowance,
three months severance pay, and the City to pay his moving expenses. `Motion` was duly seconded and `carried` unanimously. !
Commissioner Winner clarified the proposed traffic pattern for `Clearwater Beach`. He requested discussion regarding `Kalamaria, Greece's` Sister City request be scheduled for the
next work session. !
XVII Adjournment
The meeting adjourned at 9:06 p.m.