04/21/1988 CITY COMMISSION MEETING
April 21, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, April 21, 1988, at 6:01 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
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 Reverend W. Rey Finklea, Skycrest 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
Proclamations
Youth Temperance Education Week April 17 23, 1988
Secretaries Week April 24 30, 1988.
V Minutes of the Regular Meeting of April 7, 1988
Commissioner Winner moved to approve the minutes of the regular meeting of
April 7, 1988 as recorded and submitted in written summation by the Clerk to each Commissioner. `Motion` was duly seconded and `carried` unanimously.
VI Presentations
Howard Groth, Chairman of Clearwater Housing Authority, presented a check
for $10,000 in lieu of taxes for leased housing projects.
Allen Edelman, Parks and Recreation Department, presented a plaque from the
Southeast Tourism Society designating the Fun 'N Sun Festival as one of the top 20 events in the southeast United States.
VII Citizens to be heard re items not on the Agenda
Six citizens spoke in support of the Rainbow of Love Thrift Shop, emphasizing the need for funds to supply clothing and household goods to the needy.
Jim Thornton requested the City continue efforts to remove the obstruction
of the easement in Belleair behind the Louis Ducros house.
Gary Klein requested the City do something regarding the traffic problems
at Waterford Drive and Ashland Terrace.
VIII Public Hearings
Item #9 1435 South Greenwood Ave. (City owned) Declare surplus to City needs and Approve two year lease with Peerless Florida Company, Inc. for period 7/1/88 to 6/30/90; $150/month
for a $3600 two year total revenue (`PW`)!
Peerless Florida Company has leased the subject property from the City since
1972. In 1977, a renegotiated lease required the lessee to fence the open storage area and surface the area used for parking.
In 1980, staff was instructed to investiage the possibility of declaring this
property surplus with an access easement to the water tower. A determination was made that the subject property was not surplus to City needs. The Utilities Department indicated the
property is ideal for a future water treatment plant.
Commissioner Berfield moved to declare surplus to City needs property located
at 1435 South Greenwood Ave. and to approve a two year lease with Peerless Florida Company, Inc. `Motion` was duly seconded and `carried` unanimously. !
Item #10 Petition for Annexation and RS 8 (Single Family Residential) Zoning for a .14 acre parcel located on the S side of Virginia Ave. approx. 150 ft. E of Bayview Ave.; Lot 3,
Blk. 1, Bayview City Sub. (Bare) A 88 8 (`PUD`)
There is a single family residence on the property. City water and sewer
service is available to the lot. The recreation facility fee has been paid.!
Commissioner Berfield 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 and RS 8 (Single Family Residential) Zoning for a .16 acre parcel located on the S side of Woodbine St. approx. 260 ft. E of N. Betty Lane; Lot 6,
Blk. C, Pine Ridge Sub. (Jackson) A 88 9 (`PUD`)!
A single family residence exists on the property. City water and sewer are
available to the lot. The recreation facility fee has been paid.!
Commissioner Berfield 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 #12 Petition for Annexation and CN (Neighborhood Commercial) Zoning for a .3 acre parcel located at the SE corner of the intersection of Pinellas St. & Lincoln St.; Lots
41 & 42, Oakland Heights Sub. (Quintero) A 88 10 (`PUD`)!
The property is developed with two single family residences. The property
owner proposes to develop the parcel with an air conditioning service facility. City water and sewer service is available to the property. !
Commissioner Berfield moved to approve the annexation and CN 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 #13 (`Continued from 4/7/88`) 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 & 2, Forest Hill Estates, Unit 5 (Day/City)
LUP 88 4, Z 88 5 (`PUD`)
The request is City initiated for the purpose of reflecting the present use
of the parcel in conjunction with the commercial uses to the west, all under single ownership.!
The City Commission approved the rezoning of this parcel to RM 28 on March
15, 1984 as a part of an areawide rezoning to bring the Zoning District into conformance with the Land Use Plan Designation of High Density Residential. The property owner did not receive
notice of the public hearing and, therefore, filed no objection to the amendment. Once aware of the rezoning to RM 28 having been finalized, the owner has asked the City to reconsider
the division of his property into two zoning districts.!
Commissioner Winner moved to approve the land use plan amendment to
Commercial/Tourist Facilities and the zoning amendment to General Commercial on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly
seconded and `carried` unanimously. !
Item #14 Zoning Atlas amendment from RPD 5.8 ( Residential Planned Development) to AL/C (Aquatic Lands/Coastal) for a 1.2 acre parcel located on the W side of Bayshore Blvd. and
on the N side of John's Parkway; a portion of M&B's 21.17 and 21.18, Sec. 16 29 16 (Bricks Management & Real Estate Dev.) Z 88 7 (`PUD`)
The City Commission, at its meeting of May 7, 1987 approved a major amendment to the site plan for the Cooper's Bayou development with conditions. Submission of an application for
rezoning to AL/C (Aquatic Lands/Coastal) of the portion of the property under the Department of Environmental Regulation jurisdiction was one of the conditions to be met prior to the
issuance of a building permit.!
The final Master RPD 5.8 Site Plan was certified on September 16, 1987 after
which there was a six month time limit for procuring the initial building permit.!
Commissioner Berfield moved to approve the zoning amendment to AL/C on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded
and `carried` unanimously. !
Item #15 Change in the conditions (required by the City Commission) related to previously approved variance for docks at the Marina del Rey Townhouse Development located E of the
Harbour Condos on Sand Key; Lot 59, Marina del Rey at Sand Key (Herbert N & Helen H. Gerhardt, owners of Lot 59, Marina del Rey at Sand Key) (`PUD`)!
As neither the applicant nor his representative was present at the hearing,
Commissioner Nunamaker moved to `continue` Item #15 to the May 5, 1988 meeting. `Motion` was duly seconded and `carried` unanimously.!
Item #16 (`Continued from 4/7/88`) Second Reading, 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 second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4554 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 #17 (`Continued from 4/7/88`) Second Reading, 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 second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4555 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 #18 (`Continued from 4/7/88`), Second Reading, 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 second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4556 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 #19 (`Continued from 4/7/88`) 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
The City Attorney presented Ordinance 4557 88 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4557 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 #20 (`Continued from 4/7/88`) 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 !
The City Attorney presented Ordinance 4558 88 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4558 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 (`Continued from 4/7/88`) Second Reading, 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 second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4559 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 (`Continued from 4/7/88`) Second Reading, Ordinance 4563 88 Land Use Plan amendment from Commercial/Tourist Facilities to High Density Residential (RM 28) for a parcel
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!
The City Attorney presented Ordinance 4563 88 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4563 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 (`Continued from 4/7/88`) 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!
The City Attorney presented Ordinance 4564 88 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4564 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 #24 Second Reading, Ordinance 4571 88 Zoning Atlas amendment from Multi Family Residential RM 24 to 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!
Howard Groth, Chairman of the Clearwater Housing Authority, requested the
City Commission encourage Volunteers of America to select residents for this Section 202 housing project from their waiting lists and not from existing projects.!
The City Attorney presented Ordinance 4571 88 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4571 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. !
Commission consensus was to write a letter to Volunteers of America requesting their selection of applicants be from existing waiting lists.!
Item #25 Second Reading, Ordinance 4572 88 Vacation of the W One foot of a Ten foot Drainage & Utility Easement at the rear of Lot 185, Woodgate of Countryside, Unit 1 (Located
at 2413 Moore Haven Drive W.) (Feldman) V 88 2!
The City Attorney presented Ordinance 4572 88 for second reading and read it
by title only. Commissioner Winner moved to pass and adopt Ordinance 4572 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 #26 Second Reading, Ordinance 4578 88, Relating to Lot Clearing Amending Sections 95.01 through 95.05, Code of Ordinances, prohibiting certain growths of vegetation and the
accumulation of debris within the City and providing for definitions and procedures.!
The City Attorney presented Ordinance 4578 88 for second reading and read it
by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4578 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 #27 Second Reading, Ordinance 4579 88, Relating to Navigable Waters within the City Revising Article I of Chapter 114, Code of Ordinances, to provide definitions; to prohibit
the throwing or discharge of trash, debris, 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 locations or pursuant to a temporary 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 expressed concern that the proposed ordinance would be evicting
people from their homes. He stated live aboards are not guilty of dumping refuse into the water; the dumping is done by non residents. He also emphasized that live aboards act as
watchmasters for other people's boats.!
Commissioner Winner moved to `continue` Ordinance 4579 88 to the meeting of May 19, 1988. `Motion` was duly seconded and `carried` unanimously.!
`CITY MANAGER REPORTS`
`IX` Consent Agenda Approved as submitted!
`Advisory Boards Notifications` Received !
Item #28 Beautification Committee (1 member) (`CLK`)!
Item #29 Community Relations Board (3 members) (`CLK`)!
Item #30 Planning & Zoning Board (1 member) (`CLK`)!
`Agreements` Approved!
Item #31 Joint Agreement with Pinellas County for Gas Main Installation 9,880 ft. of 4" P.E. along Gulf Blvd. from 5th Ave. N., Indian Rocks Beach to the Belleair Shores city limit
at an estimated cost of $85,000 (`UT`)
`Bids & Contracts` Approved
Item #32 (1) Communications Service Monitor award contract to Primus Electronics Corp., Joliet, IL, $13,624; for the testing and recalibration of radios (`CS`)
Item #33 Janitorial Services award contracts to Tri Angle Maintenance Services, Inc., St. Petersburg, for $81,420 and Upper Pinellas Assoc. for Retarded Citizens, Clearwater, for
$82,881.12; both contracts for the period 5/1/88 4/30/89 (`CS`)
Item #34 (2) Backhoe Loaders award contract to Case Power & Equipment, Tampa, $51,934 (`CS`)
Item #35 (2) Station Wagons award contract to Karl Flammer Ford, Tarpon Springs, $26,739.12 under lease/purchase agreement with Citicorp North America, Inc. (`CS`)
A question was raised regarding why only one bid was received for the two
station wagons. Phil Bennis, Purchasing Director, stated only one bid was received because it was after the cutoff date for 1988 production.!
Item #36 Purchase of Reproduction Paper award contract to Xerox Corp., Tampa, estimated $14,361.50 (`CS`)
Item #37 Uniforms for the Fire Department award contract to Barker Uniforms,
Inc., St. Petersburg, estimated cost $17,480 for period 2/27/88 2/26/89 (`FD`)
Item #38 Glenwood Avenue Parking (87 32) award contract to Overstreet Paving
Company, Largo, $38,848; for the purpose of widening Glenwood Ave. to provide parking for the patrons of Crest Lake Park (`PW`)
Item #39 Traffic Paint award contract to Cherokee Highway Supply, Inc.,
Atlanta, GA, $9,300 for period 4/1/88 3/31/89 (2,200 gallons) (`TE`)
Item #40 (1) Gemini Aerial Lift Truck (Bucket Truck) award contract to Teco Inc., Ft. Wayne, IN, $57,371 (`TE`)
Item #41 Gas Pressure & Temperature Compensating Devices award contract to Equipment Controls Co., Norcross, GA, $8,452; equipment needed to complete installation of 3 meters at
the City's natural gas gate stations, enabling the Gas Division to verify the monthly billing from Florida Gas transmission (`UT`)
Item #42 Disposal Services for Sand Key & Jones St. Yard award contract to Waste Management of Pinellas, Clearwater, 5/1/88 4/30/89, estimated annual cost, $27,560 (`UT`)
Item #43 Copper Corrosion Control Facilities for City Water System award contract to Sper Chemical Corp., Largo, FL, $382,640.95 for installation, supplies and services for polyphosphate
feed system (`UT`)
`Citizen & Staff Requests` Approved
Item #44 City Hall Annex Office Automation Electrical Power System Authorize the establishment and funding of a capital improvement project to install electrical subpanels, circuits
and uninterruptible power supply equipment throughout the annex, which has reached its capacity; estimated cost of $71,000, $60,000 to be financed under the lease purchasing agreement
with Citicorp North America, Inc. (`CS`)!
Item #45 Grant for Greater Clearwater Area Family Resources Directory Authorize application to Florida Department of State for grant to provide this directory to the citizens of
Greater Clearwater area; resources including cultural institutions with special children's programs and/or exhibits, parks, nature walks, science centers, sports groups, clubs, sources
of daycare information and local institutions serving youth. (`LIB`)
Item #46 King Engineering Associates, Inc. Donation Offer $10,000 20,000 worth of consulting and design services for future "Nature Park" on McMullen Booth Rd. (`PR`)
Item #47 Fun 'N Sun (Waiver of Fees) Consider request from Fun 'N Sun Committee to waive fees and charges for 1988 Festival and grant permission to the Committee to authorize all
vendors for Fun 'N Sun events; estimated cost $14,620. (`PR`)
`Plans & Plats` Approved
Item #48 Preliminary Site Plan for Clearwater Christian College (Phase 1 Expansion) located on the N side of Courtney Campbell Causeway approx. 2,000 ft. E of Bayshore Blvd.; M&Bs
11.01, 14.01, 22.01 & 23.01, Secs. 16 29 16 & 15 29 16
(Clearwater Christian College) PSP 88 14 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) all site data calculations shall be placed on the site plan prior
to D.R.C. review; 4) the open space calculations (required, existing and proposed figures) shall be provided prior to D.R.C. review of the site plan; 5) parking calculations shall be
clarified to substantiate that the new parking spaces will be sufficient in number according to current code requirements for the new floor areas of the Phase 1 expansions; and 6) depiction
(by shading or cross hatching) of required parking lot interior landscape areas and the total land area devoted to parking lot interior landscaping, expressed in square
feet and as a percentage of the paved vehicular area for the new vehicular use areas, must be provided on the final site plan prior to D.R.C. review. (`PUD`)
`Receipt & Referral` Received and referred to proper departments
Item #49 Petition for Annexation & RS 8 (Single Family Residential) Zoning for a .4 acre parcel located on the E side of El Trinidad Dr. at its Northern terminus; the W 100 ft. of
Lot 17 and the W 100 ft. of Lot 18, Blk. 1, Virginia Grove Terrace Sub. (Scartozzi) A 88 13 (`PUD`)
Item #50 Land Use Plan Amendment from Medium Density Residential to Low Density Residential, Zoning Amendment from RM 12 to RS 8 on Parcel #1 (4.74 acres) and a Zoning Amendment
from RM 12 to AL/I on Parcel #2 (2.53 acres) for a 7.27 acre total parcel located on the S side of Airport Dr. approx. 450 ft. W of Gilbert St.; the W portion of M&B 33.01, Sec. 12 29 15,
Lots 1 28, Blk. C & adjacent vacated streets, Drew Heights (S.C.C. Development Corp., Inc.) LUP 88 5, Z 88 8 (`PUD`)
City Attorney
`Agreements, Deeds & Easements` Accepted. !
Item #51 6 Foot Sidewalk Easement the W 6 feet of Lots 23, 24, 29 & 30, less and except the S 30 feet of Lot 30, Homestead Oaks (Pioneer Development Group, Inc.)!
Item #52 10 Foot Drainage and Utility Easement over the Westerly 10 feet of Lot 10, Blk. A, Unit 6, Skycrest Sub. (Hurst)!
Item #53 15 Foot Drainage Easement lying within Blk. A, Westover Sub. & vacated portion of Watkins Rd. (Morton F. Plant Hospital Association, Inc.)!
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.
The meeting recessed from 8:22 8:32 p.m.
X Other Items on City Manager Reports
Item #54 Pinellas County Industry Council Reappoint Oliver F. Woodruff
Commissioner Berfield moved to reappoint Oliver Woodruff to the Pinellas
County Industrial Council for a two year term. `Motion` was duly seconded and `carried` unanimously.!
Mayor Garvey requested Commission consideration of hearing Item #55 out of
normal agenda order.
Commissioner Berfield moved to consider Item #55 out of order. `Motion` was duly seconded and `carried` unanimously. (Item 55 was heard prior to Public Hearings.)
Item #55 (`Continued from 4/7/88`) Resolution 88 22 to the Board of County Commissioners Supporting the widening of McMullen Booth Rd. between Drew St. and S.R. 580, but requesting
that the project be limited to a four lane divided highway, with appropriate turn lanes at intersections, during the construction phase scheduled to begin
in 1988 and requesting that McMullen Booth Rd. not be linked with the proposed turnpike to Jacksonville.
Eight citizens spoke regarding Resolution 88 22, thanking the City Commission
for their support of the four lane limitation for McMullen Booth Rd., but requesting the Resolution be amended to extend the limitation all the way from S.R. 60 to S.R. 580. Concerns
were expressed that if it was widened to six lanes, it would be inviting traffic and would eventually become an expressway, particularly if the 49th St. bridge is constructed. !
Commissioner Regulski suggested several amendments to Resolution 88 22: in
Section 1, after "with appropriate turn lanes at intersections", add "acceleration and deceleration lanes"; and after "that the McMullen Booth corridor not be linked with any planned
turnpikes or interstate highway", add "or be converted to any expressway or freeway". !
Discussion ensued regarding whether there is a need for six lanes between
Drew St. and Gulf to Bay Blvd., or whether the Resolution should read "between Sate Road 60 and State Road 580".!
Commissioner Berfield moved to amend Resolution 88 22 to support the widening of McMullen Booth Rd. between Gulf to Bay Blvd. (S.R. 60) and S. R. 580. Motion was duly seconded and
upon the vote being taken, Commissioners Nunamaker, Winner and Berfield voted "aye". Mayor Garvey and Commissioner Regulski voted "nay". `Motion carried`.!
Commissioner Winner moved to pass and adopt Resolution 88 22 as amended and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
!
"Ayes": Berfield, Winner and Nunamaker.!
"Nays": Regulski and Garvey. `Motion carried`.!
XI Other Pending Matters None.
XII Verbal Reports None.
`CITY ATTORNEY REPORTS`
XIII First Reading Ordinances
Item #56 Ordinance 4573 88 Annexation of property located on the S side of Hemerick Place, approx. 550 ft. E of Belcher Rd.; Lot 9, Blk. C, Palmetto Terrace Sub. (Wallace) A 88 4!
The City Attorney presented Ordinance 4573 88 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4573 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 4574 88 Zoning Atlas amendment as Single Family Residential (RS 8) on property annexed in Ord. 4573 88 (Wallace) A 88 4!
The City Attorney presented Ordinance 4574 88 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4574 88 on first reading. Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
XIV Other City Attorney Items
Item #58 Requesting authorization to seek judicial appeal of arbitrator's decision regarding Officer Kettell!
Commissioner Nunamaker suggested that, in lieu of hearing this item, it be
turned over to outside counsel and allow the City Manager to review the case in an attempt to mediate. !
Discussion ensued regarding whether there is anything to mediate.!
The Assistant City Attorney, Miles Lance, stated there is one vehicle for
reversal of the arbitrator's decision and that is review in court. It would be possible, however, to get the same ruling as the arbitrator's decision.!
Discussion ensued regarding whether discharge was too severe a discipline, or
whether a lesser disciplinary action should have been taken. It was suggested reinstatement of the police officer, with the Commission going on record of not approving his conduct,
would be appropriate. !
Cary Singletary, attorney for Officer Kettell, stated that at the beginning
of the disciplinary action, he met with the Police Chief and requested a lesser discipline than discharge. It was denied. Denial at each level of the grievance procedure led the union
to resort to arbitration. Mr. Singletary stated the case is now over; the arbitrator has ruled there was no just cause for discharge and the arbitrator's award should be final and binding.!
Commissioner Regulski moved to not appeal the arbitrator's decision.
`Motion` was duly seconded and `carried` unanimously.!
The City Attorney stated proposed House Bill 506, regarding unpaid utility
bills, he feels is aimed at the City of Clearwater. He requested Commission authorization to lobby against this proposed bill. !
Cecil Henderson, Utilities Director, stated the bill prohibits collection
from the owner of a property for unpaid tenant utility bills. Mr. Henderson stated utility rates would be increased if this bill passes, as the Utilities Department would be experiencing
greater losses.!
Discussion ensued regarding the City's practice of collection and whether the
utility deposit should be increased to cover the risk of unpaid tenant bills.!
Commissioner Regulski moved to authorize the City Attorney and Jim Massey to lobby against the proposed state legislation that would prohibit the City from holding property owners
responsible for tenants delinquent utility bills. Motion was duly seconded.
Upon the vote being taken, Commissioners Winner, Regulski, Berfield and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". `Motion carried`
XV Other Commission Action
Commissioner Regulski expressed concern that the City's position that the
MPO (Metropolitan Planning Organization) should follow technical committees' recommendations regarding traffic signals would be contrary, as the City Commission did not support a technical
position regarding the widening of McMullen Booth Road.
Mayor Garvey questioned the need to take a position on the proposed
Guideway System. Commission consensus was no position is needed at this time.
Mayor Garvey questioned whether there is a City policy regarding using attorneys that bring cases against the City as outside counsel. Commission consensus was the policy is such attorneys
would not be used as outside counsel.!
Commissioner Winner stated the City's Traffic Engineer, Keith Crawford, is
of the opinion that four lanes are sufficient for widening McMullen Booth Road.
Commissioner Winner requested discussion of the Sign Code, particularly as it pertains to window signs, be discussed at the next work session.!
Commissioner Nunamaker requested a status report regarding the dock permitting process.!
XVI Adjournment
The meeting adjourned at 9:50 p.m.