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04/07/1988 CITY COMMISSION MEETING April 7, 1988 The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, April 7, 1988, at 6:07 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: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Paula Harvey Planning Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Public Works Director.! `In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order`. `III` - Service Pin Awards! 2 service pins were awarded to City employees.! `IV` - Introductions and Awards Proclamations! `Victim Rights Week` - April 17-23, 1988 ! `Library Week` - April 17-23, 1988 ! `V` - Minutes of Regular Meeting March 17, 1988 & Special Meetings March 22 & March 24, 1988 ! Commissioner Winner moved to approve the minutes of the regular meeting of March 17, 1988 and the special meetings of March 22 & 24, 1988 as recorded submitted in written summation by the Clerk to each Commissioner. `Motion` was duly seconded and `carried` unanimously. ! VI - Presentations - None VII - Citizens to be heard re items not on the Agenda Edna Foster, representing Religious Community Services Emergency Housing Program, Quest Inn, Salvatio Army, and Everybody's Tabernacle, requested the police officer previously assigned to the "homeless beat" be reassigned as soon as possible. Commission consensus was to discuss this at a work session with the Police Chief present. VIII - Public Hearings Item #09 - 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 & 12, Blk. B, Pine Ridge Sub. (Crum, Dunn, Land/City) A 88-6 (`PUD`) These lots were the subject of agreements to annex signed on May 29, 1979, June 20, 1986 and May 13, 1986. Each lot is developed with a single family residence. City water, sewer and natural gas are available to the properties.! The properties were a part of a joint City-County CDBG program and no fees would be due at this time. The lots are now contiguous to the existing City limits and are eligible for annexation. As provided for in the agreements, the owners were given the required 60 day notice.! Commissioner Berfield moved to approve the annexation and RS-8 zoning on the subject property including the abutting rights-of-way for Betty Lane and Woodbine Street and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously. ! Item #10 - Petition for Annexation and RS-6 Zoning for a 1.04 acre parcel located on the S side of S.R. 588 (Main St.) approx. 1,000 ft. W of Forest Wood Dr.; M&B 14.151 & 14.152, NE 1/4 Sec. 2-29-16 (McMullen) A 88-7 (`PUD`)! Two single family residences are proposed, one for each M&B tract. City water is available and sanitary sewer can be extended to serve these lots.! Commissioner Berfield moved to approve the annexation and RS-6 zoning on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously. ! Item #11 - Zoning Atlas Amendment from RPD (Residential Planned Development) & P/SP (Public/Semi-Public) to AL/I (Aquatic Lands/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. & Soule Rd.; a portion of M&B 21.00, NW 1/4 Sec. 5-29-16 (Sylvan Abbey Memorial Park, Inc.) Z 88-4 (`PUD`)! The City Commission, at its August 6, 1987 meeting, approved the RPD and P/SP zoning and the Master Site Plan for Regency Oaks Retirement Center with conditions. Filing of this rezonig request was one of the conditions to be met prior to certification of the final site plan.! Commissioner Berfield moved to approve the zoning atlas amendment to AL/I on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded and `carried` unanimously. ! Item #12 - Land Use Plan Amendment from High Density Residential to Commercial/ Tourist Facilities and a Zoning Atlas Amendment from RM-28 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 & 2, Forest Hill Estates, Unit 5 (Day/City) LUP 88-4 (`PUD`) ! Commissioner Winner moved to `continue` this item to the meeting of April 21, 1988. `Motion` was duly seconded and `carried` unanimously. ! Item #13 - Second Reading, Ordinance 4553-88 - Vacation of an Unnamed 30 ft. 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 second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4553-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was:! "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. ! "Nays": None. ! The Planning Director stated Items 14 - 19, 23 and 24 need to be continued to the April 21st meeting.! Commissioner Berfield moved to `continue` Items 14 - 19, 23 and 24 to the meeting of April 21, 1988. `Motion` was duly seconded and `carried` unanimously.! Item #14 - Second Reading, Ordinance 4554-88 - Annexation of property located at the SW corner of the intersection of Haas Ave. and U.S. 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 (`cont. to 4/21/88`) Item #15 - Second Reading, Ordinance 4555-88 - Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities for property annexed in Ordinance 4554-88 (Ridge Haven Assoc. Ltd) A 87-37, LUP 87-25 (`cont. to 4/21/88`) ! Item #16 - Second Reading, Ordinance 4556-88 - Zoning Atlas Amendment as Highway Commercial (CH) for property annexed in Ordinance 4554-88 (Ridge Haven Assoc. Ltd.) A 87-37, LUP 87-25 (`cont. to 4/21/88`)! Item #17 - Second Reading, 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 (`cont. to 4/21/8`)! Item #18 - Second Reading, Ordinance 4558-88 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public for property annexed in Ordinance 4557-88 (Calvary Open Bible Church) A 87-45, LUP 87-31 (`cont. to 4/21/88`) ! Item #19 - Second Reading, Ordinance 4559-88 - Zoning Atlas Amendment as Public/ Semi-Public for property annexed in Ordinance 4557-88 (Calvary Open Bible Church) A 87-45, LUP 87-31 (`cont. to 4/21/88`)! Item #20 - Second Reading, Ordinance 4560-88 - Annexation of property located on the W side of Lantana Ave. between Idlewild and Arbelia Sts.; Lots 2 - 9, Blk. H, Brook Lawn Sub. (Rogero) A 88-1! The City Attorney presented Ordinance 4560-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4560-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: ! "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #21 - Second Reading, Ordinance 4561-88 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ordinance 4560-88 (Rogero) A 88-1! The City Attorney presented Ordinance 4561-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4561-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: ! "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. ! "Nays": None. ! Item #22 - Second Reading, Ordinance 4562-88 - Zoning Atlas Amendment from Single Family Residential (RS-2) to Open Space/Recreation (OS/R) for 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 second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4562-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: ! "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. ! "Nays": None.! Item #23 - Second Reading, 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 ft. N of the intersection of Overlea St.; M&B 21.11, Sec. 11-29-15 (UPARC Foundation, Inc.) Z 88-2, LUP 88-1! (`cont. to 4/21/88`)! Item #24 - Second Reading, Ordinance 4564-88 - Zoning Atlas Amendment from General Commercial (CG) to Multi-Family Residential (RM-28) for property located on the E side of Highland Ave., approx. 50 ft. N of the intersection of Overlea St.; M&B 21.11, Sec. 11-29-15 (UPARC Foundation, Inc.) Z 88-2, LUP 88-1! (`cont. to 4/21/88`)! `CITY MANAGER REPORTS` `IX` - Consent Agenda - Approved as submitted. ! `Bids & Contracts` - Approved ! Item #25 - Air Conditioning System for Northeast Water Pollution Control Plant - Purchase from The Trane Co., Tampa, FL, $9,322.00 (`CS`)! Item #26 - Window Cleaning Service - Award contract to High Rise Window Cleaning Service at an estimated cost of $8,254.92 for period 5/1/88 to 4/30/89 (`CS`)! Item #27 - Drainage Piping for Pegasus Ave. & Corona Ave. - Purchase (Permaloc Pipe) from Hughes Supply Inc., Clw., $8,548.00 (`PW`)! Item #28 - Martin Luther King Ave. Storm Improvements (Douglas & LaSalle 88-2) - Award contract to Howard Brothers Excavating, Inc, Palm Harbor, $102,093.00 (`PW`)! Item #29 - Sewage Pump Station No. 11 Project (#CL 87053-2) - Award to Metro Plumbing & Mechanical Contractors, Inc., Clearwater, $285,550.00 (`PW`)! `Leases` - Approved ! Item #30 - Lease with The Clearwater Group Inc. (Alcoholics Anonymous) for 712 N. Osceola Ave. for April 15, 1988 to April 14, 1993 (`PW`)! Item #31 - Lease with Pinellas County Arts Council for 400 Pierce Boulevard for April 1, 1988 to March 31, 1990; $250/month for a $6,000 2 year revenue. (`PUD`)! Item #32 - Lease with Head Start Child Development and Family Service, Inc. for 701 N. Missouri Ave. for April 7, 1988 to April 6, 1993; $1.00/year for 5 years. (`PUD`)! Item #33 - Lease with YWCA "PROJECT H.E.L.P." for 401 S. Prospect Ave. for April 1, 1988 to March 31, 1990; $225/month for a $5,400 2 year revenue (`PUD`)! Item #34 - Lease a portion of Curtis Fundamental Clearwater Comprehensive School Complex, located on the E side of Holt Ave., from Pinellas County School Board for May 1, 1988 to April 30, 1990 for $1.00 (`PUD`) Item #35 - Sub-Lease to Religious Community Services, Inc. Emergency Housing Program a portion of the Curtis Fundamental Clearwater Comprehensive School Complex for May 1, 1988 to April 30, 1990 for $1.00 (`PUD`)! `Plans & Plats` - Approved! Item #36 - Revalidation of the Final Site Plan for Chateaux de Ville located on the S side of Nursery Rd. approx. 570 ft. W of U.S. 19; Chateaux de Ville Sub., Sec. 19-29-16; subject to the condition the requisite building permits and all requisite certificates of occupancy be procured no later than October 7, 1989 (Chateaux de Ville, Inc.) PSP 81-47 (`PUD`)! Item #37 - Preliminary Subdivision Plat for The Woodlawn Revision located on the N side of Woodlawn St., approx. 800 ft. W of S. Greenwood Ave.; M&B 32.05, Sec. 22-29-15; subject to the following conditions: 1) the preliminary plat must be revised to indicate the dimension of the actual setback from the existing residential structure to the proposed interior lot line between the two lots prior to D.R.C. review; 2) it must be indicated on the preliminary plat that the existing utility structure which is located on the proposed interior lot line will be removed prior to recordation of the plat prior to D.R. C. review; and 3) a ten foot wide right-of-way (easement) must be provided along the south property line of proposed Lot 2 for Woodlawn St. and also for proposed Lot 1 unless a variance is approved by D.R.C. prior to review. (Lila M. Henley) SUB 88-2 (`PUD`)! Item #38 - Preliminary Site Plan for Addition to New Ranch Motel located on the S side of Gulf-to-Bay Blvd., approx. 920 ft. E of Belcher Rd.; M&B 32.02, Sec. 18-29-16; subject to the following conditions: 1) the site plan shall be revised to eliminate the new second driveway off Gulf-to-Bay Blvd.; 2) signs and fencing/ walls are subject to a separate review and permitting processes; 3) the size, location, orientation and shielding of the refuse containers shall be shown on the final site plan and shall be subject to approval by the Utilities Dept. prior to D.R.C. review; and 4) the site data calculations shall be revised to include the minimum required open space for the lot and the front yard, the maximum floor area ratio, the maximum building coverage, existing and proposed gross floor areas for the units (Note: motel units may not exceed 500 sq. ft. in floor area or they will be considered dwelling units for the purpose of computing density), and density calculations for the motel units with caretaker dwelling unit prior to D.R.C. review. (D'Angelo) PSP 88-10 (`PUD`)! Item #39 - Preliminary Site Plan for Recovery Inn located on the E side of S. Ft. Harrison Ave. and the S side of Woodlawn Ave., excluding the corner parcel at the intersection of these streets; M&B 44.07, Sec. 21-29-15; subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be subject to approval by the Utilities Dept.; 3) the proposed day care use may be permitted as an accessory use provided it is not open to the general public and is used only by the employees on the premises (this must be noted on the site plan); 4) it must be noted on the site plan that the habitable floor area per motel unit shall be 500 sq. ft. or less; and 5) final revised density and parking calculations must be provided on the site plan for D.R.C. review. (Recovery Inn c/o Marion Edwards) PSP 88-11 (`PUD`)! Item #40 - Preliminary Site Plan for Gulf Southeastern Corp. Used Car Lot located between Gulf-to-Bay Blvd. and Shelley St., on the W side of Old Coachman Rd., exclusive of the corner property at the intersection of Gulf-to-Bay Blvd. and Old Coachman Rd.; M&B 13.09, Sec. 18-29-16; subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) the applicant must obtain conditional use approval for the proposed used car business prior to final review by the D.R.C.; 4) the site plan must be revised to meet the minimum open green space requirements of the CG (General Commercial) District (Sec. 135.125) or variances must be obtained prior to review of the final site plan by the D.R.C.; 5) the site plan must be revised to eliminate one of the proposed new driveways off Shelley St. The new driveway concept and related necessary revision(s) to the parking lot/vehicular use area are subject to review and recommendations by the Traffic Engineer prior to review of the final site plan by the D.R.C.; 6) the parking spaces and internal drives for the display area must be shown on the site plan; 7) information regarding the number of spaces provided must include inventory/display spaces; and 8) the building height must be identified in feet. (Zelman & Associates) PSP 88-12 (`PUD`)! Item #41 - Preliminary Site Plan for the Bill Irle Restaurant Expansion located at the NW corner of the intersection of Ft. Harrison Ave. and Engman St. for a distance of 453 ft. MOL along Ft. Harrison Ave.; Lots 1 - 4, Buena Vista & Lots 39 - 43, 1st Addition of Enghurst; subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) the final site plan shall include all preliminary and final site plan content requirements of Sec. 137.010 for D.R.C. review (including location of utilities, etc.); 4) the site plan shall be revised to indicate the correct CN (Neighborhood Commercial) zoning of the property and all related district regulations; 5) curbing and paving materials as required by Public Works Dept. shall be installed for the new driveway off Fort Harrison and along Fort Harrison; 6) as required by the Planning and Zoning Board (01-05-88), a six foot high opaque fence must be installed between the subject property and the adjoining residential property to the west. This fence should be indicated on the site plan; 7) approval by the City Commission of the variance to the 500 ft. separation distance must be obtained prior to submittal of a final site plan for D.R.C. review; and 8) the legal description on the site plan shall be corrected to include the total name of the subdivision of which Lots 39 - 43 belong. (Weiland Irle) PSP 88-13 (`PUD`)! `Receipt & Referral` - Received and referred to proper department! Item #42 - Petition for Annexation and RS-8 Zoning for a .2 acre parcel located at the NW Corner of the Intersection of S. Lagoon Circle and Ragland Ave.; Lot 62, Clearwater Manor Sub. (Paul) A 88-11 (`PUD`) ! Item #43 - Land Development Code Amendment to Sec. 136.022, Reinstating Enforcement of the Parking Restrictions applicable to vehicles, boats and trailers in residential areas (LDCA 88-4) (`PUD`)! 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 #44 - Preliminary Subdivision Plat for Brooklawn Replat located between Evergreen Ave., Lantana Ave. & Poinsetta Ave., S of Arbelia St. & Idlewild Dr.; Lots 2 - 9, Blk H; Lots 3 - 10, Blk. L; Lots 1 - 24, Blk. M; Lots 1 - 11, Blk. P; Lots 1 -6, Blk. Q; a portion of Lake area within the limits of Brooklawn Sub. and a portion of Lot 10, E.A. Marshall Sub.; and proposed vacated rights-of-way for Shore Dr., Woodlawn Terrace, The Mall and an unnamed street within the area of the plat (Modern Finish, Inc.) SUB 87-19 (`PUD`) ! A 75 lot single family subdivision is proposed to be developed on this 14.64 (gross) acre MOL site. (Note: The northerly one acre MOL of the property is in the process of being annexed into the city with RS-8 zoning and a Low Density Residential land use plan designation.)! The developer has submitted a vacation request to the Public Works Dept. to vacate portions of rights-of-way for Shore Drive, Woodlawn Terrace, The Mall and an unnamed street within the area of the subject replat.! The replat consists of 4.33 acres to be dedicated as rights-of-way, 19.3 acres of preservation to be zoned AL/I, and 8.38 acres for the development of the single family lots. Open space proposed to be transferred to the City for use by Parks Department is outside the limits of the plat. Several proposed lots have irregular shapes due to different factors including the location of the Florida Power Corp. right-of-way, the wetlands area and proposed cul-de-sacs. Lot widths should be given on the preliminary plat for those lots whose widths are not easily dimensioned.! Access to the lots will be along Woodlawn Terr., Evergreen Ave., Lantana Ave. and Lantana Ct. The "temporary ingress/egress easement" turnaround for Evergreen Ave., which is shown over proposed Lot 58, must be removed from the lot and replaced by a T-turnaround or another alternative in the dedicated rights-of-way and/or easements as determined by the Public Works Dept.! In response to a question regarding drainage on the subject property, the Public Works Director stated the preliminary subdivision plat is only at the conceptual stage. No drainage calculations have been done at this time; however, if the developer can not meet all drainage requirements, development will not be allowed.! Commissioner Winner moved to authorize review of a preliminary plat with final action by the D.R.C. subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) The lot widths for proposed Lots 20, 25, 26, 27, 28, 39, 61, 62, 63 and 64 shall be given on the preliminary plat and shall be in accordance with the width requirements of Sec. 135.029 of the Land Development Code prior to D.R.C. review; 3) Applications to zone the wetlands area to AL/I, rezone the RM-12 property to RS-8 and amend the Land Use Plan to Low Density Residential must be submitted prior to certification of the preliminary plat; 4) The following information must be provided to the Public Works Dept. at the time of final site plan submittal: a) Copies of permit applications to DER/SWFWMD, b) Storm water calculations for off site drainage through this development and storm water calculations for the proposed development, c) A letter from Pinellas County Public Works Dept. stating that the proposed storm water structures are in accordance with the Pinellas County Master Drainage Plan for Stevenson's Creek Spring Branch, d) The roadway design for Evergreen Ave. is to be revised in front of Lot 58 so that the cul-de-sac is eliminated and a turnaround at the north end of Evergreen Ave. is to be built per Public Works Dept. requirements, e) State Street right-of-way is to be widened to provide a minimum of 50 ft. width; 5) The proposed plat shall be subject to approval of the requested vacation of rights-of-way within the limits of the plat; and 6) Idlewild Dr. and Poinsetta Ave. should be renamed since similarly named rights-of-way exist on Clearwater Beach and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously. Item #45 - Request to Eliminate Certain Conditions regarding the Wetlands required by DRC approval of the Preliminary Subdivision Plat for Landmark at Enterprise and the related Final Site Plan for Vogel Professional Center (on proposed Lot 1) located at the SE corner of Landmark Dr. and Enterprise Rd.; a portion of M&B 22.01 and a portion of M&B 22.02, Sec. 33-28-16 (James A. Vogel) SUB 88-1, PSP 88-3 (`PUD`) ! On March 10, 1988, the D.R.C. approved the above referenced preliminary plat and related final site plan (on proposed Lot 1) subject to conditions, including the size of the preservation area within each lot to be given on the preliminary plat, an application to rezone the wetlands to AL/I (Aquatic Lands/Interior) be submitted prior to certification of the final site plan or preliminary plat, and the site calculations be revised on the site plan to reflect the future Aquatic Lands Interior zoning of the preservation area.! The applicant does not feel the site qualifies as a wetlands preservation area. The Environmental Management Division explains the basic criteria used in determining wetland areas are water, wetland vegetation and the transitional area for maintenance of the wetlands. ! The Planning Director stated Mr. Vogel objects to rezoning the wetland property to AL/I (Aquatic Lands/Interior). She stated this is a sensitive land area and the Department of Environmental Regulation has jurisdiction. ! The Public Works Director stated there is a creek running through the property which is too small to carry drainage, thereby creating the wetlands situation. The Department of Environmental Regulation will not allow development because of the wildlife. Mr. Vogel maintains the City created the problem of the creek flooding.! It was pointed out the creek has been there and the drainage problem was not created by development in the area.! The Public Works Director stated the City could require more wetland designation than the D.E.R.; however, they are concurring with the boundaries set by the D.E.R.! Commissioner Regulski moved to deny the request. `Motion` was duly seconded and `carried` unanimously. ! Barry Vogel, representing the applicant, arrived at a later time. Mr. Vogel stated they have complied with all of the subdivision plat requirements and have honored the D.E.R. lines. They are now asking the D.E.R. for an exception, and if the City zones the property AL/I, they will not be able to argue for the exception.! Commissioner Winner moved to reopen Item #45 for reconsideration. `Motion` was duly seconded and `carried` unanimously.! The Public Works Director stated if D.E.R. changes the jurisdictional line, the City would concur. While Mr. Vogel is applying for the exception to the D.E.R., the Planning Director requested Staff not be allowed to issue building permits.! Mr. Vogel stated since they are honoring the wetlands in question, they do not wish to change the zoning. When questioned regarding his objections to the AL/I zoning, he stated he felt it was unnecessary even after D.E.R. makes its determination regarding their request.! Commissioner Regulski moved to more forcefully `deny` the request. `Motion` was duly seconded and `carried` unanimously.! Item #46 - Stevenson Creek Drainage Basin Evaluation - Execution of Contract with W. K. Daugherty Consulting Engineers, $62,100.00 (`PW`) ! On July 20, 1987, a major portion of Clearwater experienced a severe thunderstorm which occasioned widespread flooding of streets and yards and entered the homes of a few residents.! As a result of the flooding, a report was prepared by the Public Works Department, Engineering Division, which outlined a series of steps to be taken as a drainage-improvement effort. Some of the short-range efforts have already been completed. The long range capital improvement projects, which are envisioned as a series of capacity upgradings at various major roadway and creek crossings, require considerable hydraulic study and prioritization before becoming a part of a planned drainage effort. ! On February 4, 1988, the City Commission approved the initiation of negotia- tions with W. K. Daugherty Consulting Engineers Inc. to perform the Stevenson Creek Drainage Basin Evaluation. Those negotiations are complete and a draft agreement with a scope of work to be performed has been developed.! The scope of work calls for a four month effort to be accomplished as the base element of a multi-phase program to provide drainage improvements to Stevenson Creek. This agreement will provide an update to the Pinellas County Master Drainage Plan for Stevenson Creek, select channel improvement and structure methods for various channel segments and prioritize a capital improvement program.! On January 21, 1988, a joint application to the Southwest Florida Water Management District (SWFWMD) to request project funding for the Stevenson Creek Drainage Basin Master Plan Development and Implementation was made by Pinellas County, City of Clearwater, and City of Dunedin. The results of the W. K. Daugherty study will also be used in subsequent requests for project funding relative to the SWFWMD joint study.! The available balance in this project is sufficient to provide the required funds.! The Public Works Director stated drainage is a critical problem in Clearwater during the summer. Improvements have been made regarding Stevenson Creek flooding; however, major capital improvement projects are called for. The study will prepare a plan to be followed and name needed capital improvement projects. Mr. Baker stated there have been requests for dredging the mouth of Stevenson Creek. Although this is a legitimate request, the cost would be astronomical with an estimate of $6 million to complete. The Public Works Department will be presenting this as an option during the budget process.! Two citizens spoke regarding the item expressing concern regarding some of the steps already taken and the need to dredge the mouth of the creek.! Commissioner Regulski moved to approve a contract agreement with W. K. Daugherty Consulting Engineers Inc. to perform the Stevenson Creek Drainage Basin Evaluation in an amount not to exceed $62,100 and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously. ! Item #47 - Purchase of (3) Concrete Shelters for Beach Lots from Concrete Sytems, Ft. Myers, at a cost of $18,780.00 (`TE`)! These shelters are needed to replace the night attendants' booths at Pier 60, South Gulfview, and Rockaway parking lots. The original booths were erected for the "trial" period of attendant parking and offer no amenities other than some protection from the elements. A booth with basic plumbing and some conveniences will eliminate the need for a $15,534/year supervisor position.! The City Commission directed the Director of Traffic Engineering to investigate the possibility of architectural compatibility with the rest rooms to be erected at the beach. After reviewing with Building and Maintenance and Parks and Recreation and discussing the options with the Traffic Engineering staff it was found that: 1. Similar concrete buildings could be provided for the rest rooms. However, since the rest rooms have already been approved by the City Commission, Parks & Recreation is proceeding with the wooden structures.! 2. The concrete shelters are finished with exposed river rock aggregate in a tan color.! 3. Building and Maintenance can apply a wooden overlay if the appearance is not acceptable.! 4. Building and Maintenance can build wooden buildings of the style of the rest rooms.! 5. Traffic Engineering Dept. recommends that the buildings be different to avoid confusion over what is a rest room and what is an attendant's booth.! The Traffic Engineer stated the buildings could be made from wood for a cost of $810 extra per building. He recommended the Commission approve the bid as is , with a later administrative change order for the additional cost.! Discussion ensued regarding whether the appearance benefit gained would be worth the extra cost.! The City Attorney was questioned whether the bidding process requirements would allow the Commission to approve the change without going out for bid again. Mr. Galbraith stated he did not anticipate a problem.! Commissioner Regulski moved to award a contract for three concrete shelters to Concrete Systems of Ft. Myers with one shelter to be placed at the Pier 60 parking lot to have a wood siding exterior and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.! Item #48 - Reappointment of Commissioner James Berfield to the Pinellas County Industry Council! Commissioner Nunamaker moved to reappoint Commissioner Berfield to the Pinellas County Industrial Council Executive Board for a two year term effective March 21, 1988. `Motion` was duly seconded and `carried` unanimously. ! Item #49 - Designation of Kalamaria, Greece, and Wyong, New South Wales, Australia as Sister Cities! Commissioner Regulski moved to officially designate Kalamaria, Greece and Wyoung, New South Wales, Australia as Sister Cities to Clearwater 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 City Manager stated the preliminary budget book, which was to be distributed on April 8th, will be distributed on April 15th in order to give him time to review it. The City Manager stated the garage facility renovations are still on schedule. `CITY ATTORNEY REPORTS` `XIII - First Reading Ordinances` ! Item #50 - Ordinance 4571-88 - Zoning Atlas Amendment from Multi-Family Residential (RM-24) to Multi-Family Residential (RM-28) for property located S of Pierce St. & N of Franklin St., approx. 250 ft. E of Waverly Way; Lots 1 and 12 - 18, Blk. W, Lots 8 - 14 and part of Lots 6 & 7, Blk. 2, Hibiscus Gardens & vacant streets (Florida VOA Elderly Housing Inc.) Z 88-3! The City Attorney presented Ordinance 4571-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4571-88 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 4572-88 - Vacation of the W 1 foot of a 10 foot drainage & utility easement located at the rear of Lot 185, Woodgate of Countryside, Unit 1 (Feldman) V 88-2! The City Attorney presented Ordinance 4572-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4572-88 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 4578-88 - Relating to Lot Clearing, Amending Sections 95.01 through 95.05 Prohibiting certain growths of vegetation and the accumulation of debris within the City and providing definitions for distinguishing between "abandoned property" and "debris"! A question was raised regarding Section 95.04 (c) of the Ordinance: whether, if a contractor is used for cutting and trimming trees, the City would pick up the trimmings. Commission consensus was to discuss this at the work session prior to second reading of the ordinance.! The City Attorney presented Ordinance 4578-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4578-88 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 4579-88 - Relating to Navigable Waters within the City; Revising Article I of Chapter 114 to provide definitions; to prohibit the throwing or discharge of trash, debirs, or other refuse material of any kind into navigable waters; to require certain equipment in watercraft and vessels; to prohibit live-aboard vessels, except at certain loications or pursuant to a temporary permit; to provide for a temporary live-aboard permit; to require the use of pump-out systems by permitted live-aboard vessels; to provide for the removal of disabled vessels; to prohibit diving or jumping from City-owned docks, piers and bridges; Repealing Section 114.54 relating to houseboats! One citizen spoke regarding Ordinance 4579-88 expressing opposition to live-aboards on private property. He stated anti-fouling paint is very polluting and live-aboards create danger of fire or explosion.! Discussion ensued regarding enforcement of the Ordinance, and it was felt the Ordinance needed stronger enforcement procedures.! The City Attorney presented Ordinance 4579-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4579-88 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 #54 - Resolution 88-20, Assessing the owners of property the costs of having mowed or cleared the owner's lot.! Commissioner Winner moved to pass and adopt Resolution 88-20 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 #55 - Resolution 88-21, Authorizing the City Manager to execute, by hand or facsimile signature, any and all checks drawn by the City of Clearwater on City of Clearwater accounts. ! Commissioner Winner moved to pass and adopt Resolution 88-21 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 #56 - Resolution 88-22, Supporting the widening of McMullen-Booth Road, but requesting the project be limited to a four-lane divided highway with appropriate turn lanes at intersections. ! Commissioner Regulski disagreed with the Resolution because it ignores technical considerations. Limiting the widening of McMullen Booth Road to four lanes has no merit as six lanes may be required in certain sections. This should be addressed through engineering.! Discussion ensued regarding balancing the concern of citizens regarding the widening of McMullen Booth Road, and traffic projections which may indicate a need for a larger capacity road. It was suggested this item be continued to the next meeting in order that it might be discussed further at a work session.! Commissioner Winner moved to `continue` Resolution 88-22 to the meeting of April 21, 1988. `Motion` was duly seconded and `carried` unanimously.! `XV` - Other City Attorney Items! The Planning Director reviewed the Legislative Act pertaining to the Pinellas Planning Council. She stated the act provides for a countywide planning department with an independent staff. An executive director would be hired and would be answerable to the Pinellas Planning Council (PPC). The staff would be paid by the County; however, she does not know at this time whether the County Commission will agree to this. ! Discussion ensued regarding the need for a countywide comprehensive land use plan. The Planning Director stated the PPC would have 1-1/2 years to come up with a new countywide plan. A referendum question will be on the November ballot, and if the referendum question does not pass, the PPC will be advisory only and with no County Commission involvement.! The City Attorney requested Commission support in attempting to change Section 2.01, Powers and Duties, page 1 of the proposed act to delete the verbage concerning when a conflict exists between a County ordinance enacted pursuant to the County's countywide planning authority and a municipal ordinance, that the County ordinance would prevail over the municipal ordinance. ! Commission consensus was to support the City Attorney writing a letter requesting this change.! The Planning Director requested the Commission review the proposed act and submit their concerns to either the City Attorney or herself.! `XVI` - Other Commission Action ! Mayor Garvey welcomed the new City Manager, Ron Rabun, to the City of Clearwater.! XVII - Adjournment The meeting adjourned at 9:05 p.m.