05/05/1988 CITY COMMISSION MEETING
May 5, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, May 5, 1988, at 6:00 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 Mac J. Williams, Mt. Carmel Baptist 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
2 service pins were awarded to City employees.
IV Introductions and Awards
A Citation of Appreciation was awarded to Constance Marquardt for six years of service on the Community Relations Board.
Proclamations
`Salvation Army Week`, May 8 15, 1988.
`Better Hearing and Speech Month`, May, 1988.
V Minutes of the Regular Meeting of April 21, 1988
Commissioner Regulski moved to approve the minutes of the regular meeting of April 21, 1988 as recorded and submitted in written summation by the Clerk to each Commissioner. `Motion`
was duly seconded and `carried` unanimously.
VI Presentations
Parker Stafford, of the Greater Clearwater Chamber of Commerce, and Ken Hogle, artist, presented to the City a lithograph by Mr. Hogle entitled "Returning at Dusk" which has been
adopted by the Chamber in support of tourism.
VII Citizens to be heard re items not on the Agenda
Jim Thornton requested the City Commission give direction to the City Attorney regarding action to be taken against the City of Belleair for obstruction of the easement behind the
Louis Ducros House.!
Lois Cormier requested picnic tables, similar to those placed at the County Courthouse, be placed around City Hall.
Ms. Cormier expressed concerns regarding Calvary Baptist Church's abuse of City property by not cleaning up construction material.
VIII Public Hearings
Item #9 Request for variance to the 500 foot minimum distance requirement for alcoholic beverage sales; lots 41 43 and part of lot 40, Enghurst Sub. 1st Addn. (Weiland Irle/Bill
Irle Restaurant) AB 88 07 (`CLK`)
Pursuant to Ordinance 4470 87, this request was received to permit on premises consumption of beer, wine and liquor within 75 feet of a residential zone at 1300 N. Ft. Harrison Ave.,
zoned CN (Neighborhood Commercial). This is the last request filed under the provisions of Ordinance 4470 87 also known as the "Interim Alcoholic Beverage Ordinance."
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on January 5, 1988 subject to the following conditions: 1) use permit be procured within
six months; 2) Commission approve a variance to the 500 ft. separation requirement; 3) a six foot opaque fence be installed between property and adjoining residential area to the west;
and 4) a parking plan be submitted for review and approval by the Traffic Engineer.
Greg Haputa, representing the applicant, stated Mr. Irle is attempting to expand his banquet facilities with a facility to cater to smaller banquets. Mr. Irle has been responsible
for cleaning up the surrounding neighborhood, and the banquet facility will result in improvements.
Discussion ensued regarding whether the rear wall would be in excess of 65 feet from the rear property line. Mr. Haputa stated there would be one door in this wall for employee entrance
only; it would not be used as an outside exit for the public.
Six citizens spoke in opposition to the granting of this variance expressing concern with alcoholic beverage sales this close to a residential zone and possible further use of the
facility. One citizen stated a rock band has been practicing in this building for the past four months; and concerns were expressed that the residential neighborhood would be subjected
to excessive noise.
Bill Ir
further improve the neighborhood by the expansion of his banquet hall facilities. He allowed the rock band to practice in the building as a favor to them and they will be leaving soon.
He stated he has no intention of opening a bar; he wants the banquet facility to complement his other restaurant facilities.
Discussion ensued regarding the concerns expressed by the surrounding residents. The possibility of a 12 P.M. curfew was discussed, as well as a requirement for 51% food sales being
placed on the granting of this request.
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property in the name of the applicant subject to
all the provisions of Ordinance 4420 87 applicable to SRX restaurants with 51% or more food sales; the records open to inspection by the City at any time; the time of operation not to
extend past midnight; that a solid six foot wall be substituted for an opaque fence, and that the violation of any of these conditions could result in revocation of the alcoholic beverage
designation. Motion was duly seconded and upon the vote being taken: Commissioners Regulski, Winner, Nunamaker and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". `Motion
carried`.
Item #10 Request for variance to the minimum distance requirement for alcoholic beverage sales; Lots 4 11, Columbia Sub. #5 and M&B 33.01, Sec. 8 29 15 (Sea Stone Ltd.) AB 88 08
(`CLK`)
Pursuant to Ordinance 4420 87, this request was received to permit on premises consumption and package sales of beer, wine and liquor within 0 feet of a residential zone at 445 Hamden
Dr., zoned CR 28 (Resort Commercial "twenty eight").
The conditional use request was approved by the Planning and Zoning Board on May 3, 1988 subject to the conditions the permit for alcoholic beverage sales be obtained within time limitations
set by the certified site plan and the Commission approve a variance to the separation distance requirement.
Don Seaton, representing the applicant, stated the request is for a 4 COPS license, which is a hotel alcoholic beverage license for hotels with over 50 rooms. The license cannot be
transferred or sold. This is to be a hotel that caters to business conferences, and the clientel expect this service. He stated the conferences would not be large as the meeting rooms
have a 150 person capacity. Mr. Seaton stated he has other alcoholic beverage licenses on Clearwater Beach and has had no complaints. He does not plan to have a lounge or bands at the
new facility. He stated he has numerous letters on file in support of the application.
Three citizens spoke in support of the application emphasizing the need for the alcoholic beverage license for convention business, and emphasizing the Seatons' reputation for development
on Clearwater Beach.
Seven citizens spoke in opposition to the application primarily regarding the package sales designation next to residential neighborhood. Concerns were expressed regarding property
values, excessive noise, traffic safety, and safety for swimmers with boats coming in to buy liquor.
In response to a question regarding the application being for a variance to allow alcoholic beverages 0 feet from a residential zone, it was explained that Ordinance 4420 87 provides
that for the purposes of alcoholic beverage designations, Resort Commercial zones are considered residential.
Commissioner Winner moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property subject to the condition there be no outside
music past midnight. Motion was duly seconded.
Commissioner Regulski moved to amend the motion to include the condition there be no exterior alcoholic beverage sales for consumption on premises closer than 200 feet to the RS 8
zone at grade or
water level. `Motion` was duly seconded and `carried` unanimously.
Upon the vote being taken on the amended motion, Commissioners Berfield, Winner, Nunamaker and Mayor Garvey voted "aye". Commissioner Regulski voted "nay". `Motion carried`. !
The meeting recessed from 8:11 to 8:28 p.m.!
Item #11 (`Continued from 4/21/88`) 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) (`PUD`)!
On December 13, 1979, the Board of Adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of maximum width
and length for the Marina del Rey townhouse development (73 lots). The applicant appealed the decision. On January 3, 1980, the Commission reversed the decision by the Board and approved
a variance to construct docks 36 feet long and 3 feet wide for each lot excluding lots 1 9, with pilings on the lot line side not to extend beyond the floor line of the dock and with
zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the City Commission.!
The applicant is requesting a 13 foot wide, 14 foot long cradle lift to be constructed in addition to the existing 3 foot wide, 36 foot long dock (with tie poles). Current code would
permit a maximum size dock of 7.93 feet in width and 11.34 feet in length positioned 7.48 feet (from extended property line) for this 22.67 foot wide lot.!
The Planning Director pointed out the City Commission granted a variance for a previous request; however, the lot that was the subject of the previous request was 38 feet wide, whereas
this lot is only 22 23 feet in width.
Myron Gibson, representing the applicant, stated Mr. Gerhardt is requesting only what others have been granted since there are other cradle lifts in the area. There will be no extension
of the length or width of the dock.
Discussion ensued regarding the fact the condominium association should make a request to the City Commission to remove the previously imposed conditions.
Commissioner Nunamaker moved to approve the request with direction that the condominium association request removal of the conditions. Motion was duly seconded and upon the vote being
taken: Commissioners Berfield, Winner, Nunamaker and Mayor Garvey voted "aye". Commissioner Regulski voted "nay". `Motion carried`.!
Item #12 Community Development Block Grant Application Approval of proposed Statement of Community Development Objectives and the proposed CDBG Program use of funds; Authorization
for submission of the 14th Year CDBG application. (`PUD`)!
The U.S. Department of Housing and Urban Development has notified the City of an allocation of $691,000 for 1988 89. When $129,000 of anticipated program income is added, there is
a projected $820,000 available for the 14th CDBG program.!
Staff has reviewed federal requirements and analyzed the suggested projects. The Community Development Clearwater Neighborhood Advisory Committee has discussed these projects during
recent monthly meetings and made recommendations. The projects are recommended to stay within the limits of available funds and applicable regulations.!
Jim Sheeler, of Planning and Urban Development, stated there is a total of $83,000 available for social service programs. Two applications were received after the deadline for filing,
and staff is recommending they not be considered.
Charles Mann, representing Community Service Foundation, requested funds for temporary housing and job training.
Judy Wood, representing the YWCA's Project HELP, requested aid for pregnant and parenting teenagers. She emphasized the need for a new van as the present van has over 100,000 miles
on it and is in need of major repairs. Two mothers spoke in support of Project HELP, emphasizing the counseling support services for teenage girls.!
Martha Skelton, of Community Pride Child Care Center, requested match money emphasizing the need for TV and VCR equipment for three to five year old children. Two parents spoke in
support of Community Pride Child Care Center emphasizing the excellent child care available at the center. !
Suzanne Bissett, representing the Quest Inn, requested funds for landscaping and the renovating of the cottage.!
Jane Johnson, representing Neighborhood Care for Kids day care centers, requested funds for additional day care centers in the Clearwater area.!
Deborah Vincent, representing Clearwater Housing Authority, requested funds for the Condon Gardens Boys Club, Project "Self Sufficiency", and the fence at Condon Gardens. It was explained
that the Condon Gardens fence project would involve placing slats in the existing chain link fence to alleviate the dust and dirt problems generated by the traffic on Drew Street.!
Ann Garris and Ervin Harris, representing Ervin's All American Youth Club, apologized for the late filing of the application and requested funds be made available for the Youth Club
emphasizing the Club's past accomplishments.!
Rebecca Stone Franklin, representing Pinellas Habitat for Humanity, stated although they did not file an application for block grant funds, they are requesting dollars for homes for
low income families be funneled through Neighborhood Housing Services.!
Mayor Garvey stated Shirley Carlson was not able to be at the meeting but Rainbow of Love Thrift Shop is requesting block grant funds.
Lois Cormier spoke in support of the fence at Condon Gardens, Ervin's All American Youth Club, the Quest Inn's request for a fence, Clearwater Housing's Project "Self Sufficiency",
and she requested some of the rehab funds be redesignated.
Concern was expressed regarding the duplication of administration costs in the Block Grant Program and regarding funds for code enforcement. The Planning Director stated code enforcement
for the Block Grant Program is a specialized type of code enforcement and is primarily remedial.!
Commissioner Winner moved to approve the Statement of Community Development Objectives and CDBG Program use of funds as recommended by staff with the following amendments: reducing
housing rehabilitation funds by $6,000, Quest Inn funds by $2,500, and Clearwater Housing Authority funds by $2,300 (eliminating the Condon Gardens fence project) for a total $10,800
to be made availabe for Ervin's All American Youth Club, authorize submission of the Community Development Block Grant application and that the appropriate officials be authorized to
execute same. Motion was duly seconded.
Howard Groth, of Clearwater Housing Authority, expressed concern regarding the elimination of the fence at Condon Gardens. He stated the development is so close to the road since
Drew Street was extended, there is a definite need for the fence.!
Bill Baker, Public Works Director, stated since the fence has been necessitated by the Drew Street extension even though the development encroached on the City's right of way, the
fence could be purchased out of available road funds. Consensus of the Commission was to do so.
Upon the vote being taken, the motion `carried` unanimously.
The meeting recessed from 10:10 to 10:20 p.m.
Item #13 Zoning Atlas amendment from IL (Limited Industrial) to IPD (Industrial Planned Development) for a 30.901 acre parcel located at the SW intersection of McMullen Booth Rd.
and State Road 590; a Final Master Site Plan for South Oaks Fashion Square; and consideration of an Amendment to the Annexation Agreement between the City of Clearwater and David
Bilgore & Co., Inc., for Tract One of H.H. Baskins Replat, Sec. 9 29 16 (Richland Properties) Z 88 6, PSP 88 7 (`PUD`)
On July 16, 1981, the City entered into an agreement with David Bilgore & Co., Inc. which addressed terms of annexation into the City. The terms provided for water and sewer service
to the property, dedication of rights of way for McMullen Booth Rd., S.R. 590 and Landmark Dr. and required easements. In addition, the portion of the property located to the N of the
RR ROW (36.67 acres) be further restricted at the time of development as to zoning, building height limitation, setbacks, minimum parcel size and uses allowed on the property. !
The present zoning is IL (Limited Industrial) and the Land Use Plan classification is industrial. On July 16, 1987, the Commission denied a request to amend the annexation agreement
to allow development of a 275,000 sq. ft shopping center on property north of the railroad and elimination of provision for right of way for Landmark Dr.!
The subject request is to rezone the property to IPD requiring no amendment to the Land Use Plan with a master site plan which provides for a retail shopping center and three perimeter
buildings containing 168,000 sq. ft. of retail floor area and 10,000 sq. ft. of office floor area, and two office buildings containing a total of 80,000 sq. ft. of floor area. The entire
development would contain 258,000 sq. ft. of floor area, F.A.R. of .19. The provision for retail uses on the site necessitates amendment to the annexation agreement which now restricts
uses to corporate office and related light industrial activities. Access is requested from two points along S.R. 590 and two points along McMullen Booth Rd. with no provision for access
from the W side of the property.!
On February 18, 1988, the Commission authorized review of the site plan with conditions which included the applicant specifically address ingress and egress to the site and out parcel
development. The Development Review Committee reviewed the site plan on April 14, 1988 and recommended approval subject to conditions.
Dave Healey, representing Richland Properties, stated the applicant has downsized the development and addressed the City Commission's major concerns regarding ingress and egress and
outparcels. They have eliminated two points of ingress and egress, which was approved by the Traffic Engineer, and reduced the number of outparcels from four to three, as well as repositioning
and integrating them with the shopping center. He requested approval of this mixed use project.!
Four citizens representing the residents of Mission Hills Subdivision spoke in support of the request stating the project is a well planned office and shopping development and emphasizing
the need for a shopping center within walking distance of the Mission Hills subdivision as many of the residents do not drive.!
Seven citizens, three of which represented Del Oro Home Owners Association, the Coalition of Homeowners, and Clearwater Beach Association, spoke in opposition to the request expressing
concerns with traffic, environmental issues, the fact that McMullen Booth is supposed to be a scenic corridor, and the setting of a precedent by allowing commercial development. !
Dave Healey, in addressing the concerns of the citizens in opposition, stated not all traffic generated will be new trips; the impact will be very small on the total traffic on McMullen
Booth. Regarding setting a precedent, he stated the property is unique; they are not asking that the land use plan be amended, only the annexation agreement.!
Discussion ensued regarding traffic generation and whether there is a valid reason for changing the annexation agreement. Concern was expressed regarding the small amount of industrially
zoned land left in the City of Clearwater.!
Commissioner Berfield moved to approve the rezoning to IPD on the subject property and to direct the City Attorney to include this in an ordinance; to authorize execution and recordation
of an amendment to the subject annexation agreement to delete the provisions of Sections 5(b)(3) and 5(b)(4); and to approve the final master site plan for South Oaks Fashion Square
subject to the following conditions: 1) the 17 ft. additional right of way for State Road 590 and the adjacent 10 ft. drainage and utility easement are to be dedicated to the City of
Clearwater prior to the issuance of a building permit; 2) prior to certification of this plan, copies of application to Department of Environmental Regulation (DER) and Southwest Florida
Water Management District (SWFWMD) are required to be submitted to the Public Works Department; 3) prior to the issuance of a building permit, copies of approved DER and SWFWMD permits
are to be submitted to the Public Works Department; 4) an ingress and egress easement and 10 ft. utility easement are required over the water mains up to and including meters, hydrants,
and any required detector checks prior to issuance of a building permit; 5) refuse containers are subject to approval by the Sanitation Superintendent and must be located in visually
screened enclosures, with a minimum 12 ft. clear opening to the front; 6) acceleration and deceleration lanes must be designed as required by the City of Clearwater Traffic Engineering
Department; 7) a landscape plan must be prepared and submitted prior to the issuance of a building permit (such plan to include treatment along proposed right of way line of Landmark
Dr. when it is constructed); 8) open space assessment fee must be paid prior to the certification of the final site plan; and 9) the requisite initial building permit must be procured
within six months from the date of certification of the final plan and all certificates of occupancy must be obtained within three years of the date of certification of the final plan
and that the appropriate officials be authorized to execute same. Motion was duly seconded and upon the vote being taken: Commissioners Berfield, Winner and Nunamaker voted "aye". Commissioner
Regulski and Mayor Garvey voted "nay". `Motion carried`.!
Item #14 Second Reading, Ordinance 4573 88 Annexation of property located on the S side of Hemerick Place, approx. 550 feet E of Belcher Rd.; Lot 9, Blk. C, Palmetto Terrace Sub.
(Wallace) A 88 4!
The City Attorney presented Ordinance 4573 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4573 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 #15 Second Reading, 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 second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4574 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
CITY MANAGER REPORTS
IX Consent Agenda Approved as submitted less Items 19, 20 & 24.
Bids & Contracts Approved less Items 19 & 20.
Item #16 (1) Police Pursuit Vehicle award contract to Karl Flammer Ford, Tarpon Springs, $12,054 for a 1988 Ford LTD Crown Victoria (`CS`)!
Item #17 (1) Four Wheel Drive Tractor W/Loader & Backhoe for Fleet Maintenance award contract to North Florida Tractor, Inc., Zephyrhills, FL, $11,750 (`CS`)!
Item #18 Industrial Uniforms for use by various City departments award contract to Barker Uniforms, St. Petersburg, estimated $74,454.03 for period 4/8/88 to 4/7/89 (`CS`)!
Item #19 See page 7.
Item #20 See page 7.
Item #21 (1) Pipe Pusher/Puller Compact Hydraulic Power Unit for Gas Division award contract to Baker Equipment Engineering Co., Tampa, FL, $11,749.78 (`UT`)!
Item #22 Gas Distribution Materials (Steel) Various Vendors, estimated cost $90,278.36 for period 5/1/88 to 4/30/89 (`UT`)!
Citizen & Staff Requests Approved.
Item #23 Housing Assistance Plan Amendments to the One year FY '88 and Three year FY '86 88 Plans for 27 additional elderly and handicapped units and to extend the applicable area
to include Census Tract 267.01; this amendment needed for the Section 202 assistance program (`PUD`) !
Plans & Plats
Item #24 See page 7.
Receipt & Referral Received and referred to proper departments.
Item #25 Petition for Annexation and IL (Limited Industrial) Zoning for a 3.7 acre parcel located at the SE corner of the intersection of Hercules Ave. and Calumet St.; Lot 20,
Clearwater Industrial Park, Sec. 1 29 15 (Square D Co.) A 88 12 (`PUD`)!
Item #26 Petition for Annexation & RS 8 (Multi Family Residential) Zoning for a .3 acre parcel located on the S side of S.R. 590 approx. 225 ft. E of Spring Lake Dr.; Lots 2 & 2A,
Spring Lake Est. (Webster) A 88 14 (`PUD`)!
Item #27 Land Development Code Amendment to Sec. 135.151 to add use limitations applicable to outdoor electrical facilities and Public Works projects in the Limited Industrial District
(`PUD`)!
`City Attorney`
Agreements, Deeds & Easements Accepted.
Item #28 Quit Claim Deed for proposed right of way for the N half of Union St.; part of the SW 1/4 Sec. 32 28 16 (Pinellas Area Council of Boy Scouts of America, Inc.)!
Item #29 Quit Claim Deed for proposed right of way for the W half of Soule Rd.; part of the SW 1/4 of Sec. 32 28 16 (Pinellas Area Council of Boy Scouts of America, Inc.)!
Item #30 Quit Claim Deed for proposed right of way for the W half of of Soule Rd.; part of the SW 1/4 of Sec. 32 28 16 (Stevens Designer Homes)!
Item #31 Quit Claim Deed for proposed right of way for the S half of Union St.; part of the NW 1/4 of Sec. 32 28 16 (Stevens Designer Homes)!
Item #32 Quit Claim Deed for proposed right of way for the N half of Union St.; part of the SW 1/4 of Sec. 32 28 16 (Stevens Designer Homes)!
Item #33 15 foot Utility Easement lying within the NW 1/4 of Sec. 5 29 16 (Sylvan Abbey Memorial Park, Inc.)!
Item #34 Lien Agreement for Installation of Sanitary Sewer Line Lot 3, less the S 5 feet, Blk. H, Carlton Terrace 1st Addition (Collins)!
Item #35 15 foot Drainage & Utility Easement part of the NE 1/4 of Sec. 5 29 16 (McMullen)
Commissioner Regulski moved to approve the consent agenda as submitted, less Items 19 & 24, and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and `carried` unanimously.!
Item #19 (171) Parking Meters award contract to Duncan Industries Parking Control Systems, Addison, IL, $21,908.52 (`TE`)!
Commissioner Regulski moved to `continue` this Item to the meeting of May 19, 1988. `Motion` was duly seconded and `carried` unanimously.!
Commissioner Nunamaker moved to pull Item 20 from the consent agenda. `Motion` was duly seconded and `carried` unanimously.!
Item #20 Security Guard service for Parking Garages award contract to Janus Services, Inc., Tampa, FL, estimated $36,864.00 for period 5/1/8 to 4/30/89 (`TE`)!
Commissioner Nunamaker expressed concern regarding the Security Guard service for the parking garages being an unnecessary cost, and requested staff consider using police aides or
police officers for security services. !
Commissioner Regulski moved to approve the awarding of a contract to Janus Services for an estimated $36,864 for the period 5/1/88 to 4/30/89 and that the appropriate officials be
authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
Commission requested staff look at ways to fence off and secure the parking garage after a certain hour reducing the need for this service.!
Item #24 Review and Deny further review of Preliminary Subdivision Plat for Loehmann's Plaza Replat, located at the NW corner of the intersection of US 19 and NE Coachman Rd., based
on the proposed subdivision plat not being in harmony with the City's subdivision and condominium platting requirements; Loehmann's Plaza, Lots 1 & 2 (Brandon Nu West Clearwater, Limited)
SUB 88 3 (`PUD`)!
The Planning Director stated a letter had been received from the applicant requesting the item be continued to the May 19, 1988 meeting.!
Commissioner Berfield moved to `continue` Item 24 to the meeting of May 19, 1988. `Motion` was duly seconded and `carried` unanimously.!
X Other Items on City Manager Reports
Item #36 Lot Clearing Lien, Bypass Park Sub., Lots 4 7 Request for forgiveness of lot clearing administrative charge (Samson) (`CLK`)!
Commissioner Regulski moved to forgive the lot clearing administrative charge for Frances Samson. Motion was duly seconded and upon the vote being taken: Commissioners Regulski, Berfield
and Winner voted "aye". Commissioner Nunamaker and Mayor Garvey voted "nay". `Motion carried`.!
Item #37 Transitional Housing, Campbell property set public hearing to determine if surplus to City needs and, if so, to authorize the execution of an option expiring 11/30/88 to
lease the easterly portion thereof to Community Service Foundation for a period of 11 years at nominal rental for use as a transitional housing project.!
Commission consensus was to set the public hearing on this item for Wednesday, May 11, 1988 at 6:00 p.m.!
Item #38 Beautification Committee Appointment (1 member) (`CLK`)
Commissioner Berfield moved to appoint Paula Littlefield. `Motion` was duly seconded and `carried` unanimously. !
Item #39 Community Relations Board Appointment (3 members) (`CLK`)
Commissioner Regulski moved to reappoint Felecia Gilmore in the "industrial management" category. `Motion` was duly seconded and `carried` unanimously. !
Commissioner Regulski moved to appoint Joyce Nelson in the "at large" category. `Motion` was duly seconded and `carried` unanimously. !
Commissioner Regulski moved to appoint James Jones in the "mortgage financing" category. `Motion` was duly seconded and `carried` unanimously. !
Item #40 Planning & Zoning Board Appointment (1 member) (`CLK`)!
Commissioner Berfield moved to reappoint Brenda Harris Nixon. `Motion` was duly seconded and `carried` unanimously. !
XI Other Pending Matters None.
XII Verbal Reports
The City Manager reported he will be attending the Florida City and County Managers Association Conference May 11 14, 1988.
`CITY ATTORNEY REPORTS`
XIII First Reading Ordinances
Item #41 Ordinance 4575 88 Annexation of property located on the N side of Kapok Circle, approx. 750 ft. N of Kapok Kove Dr.; Lot 13, Kapok Forest Sub. (City) A 88 5, LUP 88 3!
The City Attorney presented Ordinance 4575 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4575 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #42 Ordinance 4576 88 Land Use Plan amendment from Low Density Residential to Recreation/Open Space for property annexed in Ord. 4575 88 (City) A 88 5, LUP 88 3!
The City Attorney presented Ordinance 4576 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4576 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #43 Ordinance 4577 88 Zoning Atlas amendment as Open Space/Recreation (OS/R) for property annexed in Ord. 4575 88 (City) A 88 5, LUP 88 3!
The City Attorney presented Ordinance 4577 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4577 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #44 Ordinance 4580 88 Annexation of property located at the NE corner of the intersection of N. Betty Lane & Woodbine St.; Lots 10, 11 & 12, Blk. B, Pine Ridge Sub. (Crum,
Dunn & Land) A 88 6!
The City Attorney presented Ordinance 4580 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4580 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #45 Ordinance 4581 88 Zoning Atlas amendment as Single Family Residential (RS 8) for property annexed in Ord. 4580 88 (Crum, Dunn & Land) A 88 6!
The City Attorney presented Ordinance 4581 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4581 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #46 Ordinance 4582 88 Annexation of property located on the S side of S.R. 588 (Main St.), approx. 1,000 ft. W of Forest Wood Dr.; M&Bs 14.151 & 14.152, Sec. 5 29 16 (McMullen)
A 88 7!
The City Attorney presented Ordinance 4582 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4582 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #47 Ordinance 4583 88 Zoning Atlas amendment as Single Family Residential (RS 6) property annexed in Ord. 4582 88 (McMullen) A 88 7!
The City Attorney presented Ordinance 4583 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4583 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #48 Ordinance 4584 88 Zoning Atlas amendment from Residential Planned Development and Public/Semi Public (P/SP) to Aquatic Land/Interior (AL/I) on property located along the
SW boundary of a larger parcel located at the SW corner of the intersection of Union St. & Soule Rd.; part of M&B 21.00, Sec. 05 29 16 (Sylvan Abbey Memorial Park, Inc.) Z 88 4 !
The City Attorney presented Ordinance 4584 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4584 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 #49 Resolution 88 23 Dedicating a 6 foot sanitary sewer easement located at the NE corner of Blk. A, John R. Davey Sub. (City)!
Commissioner Winner moved to pass and adopt Resolution 88 23 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 #50 Resolution 88 25 Encouraging the Florida Legislature to consider the needs of Transit Systems throughout the State when deliberating any new transportation funding mechanisms.!
Commissioner Regulski expressed concern regarding supporting funds being used for operating expenses. Commission consensus was to delete the second sentence in Section 1 of Resolution
88 25.!
Commissioner Winner moved to pass and adopt Resolution 88 25 as amended 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 #51 Resolution 88 26 Supporting a One Cent Tourist Tax to be used primarily for Countywide promotional advertising.!
A question was raised regarding what is to be included in promotional advertising. Commission consensus was the one cent tax should be split 50/50 between advertising and beach renourishment.!
The title of Resolution 88 26 was changed to read: "A resolution of the City of Clearwater, Florida supporting a one cent tourist tax to be used for countywide advertising and beach
renourishment providing an effective date"; and Section 1 was amended to read: "The City of Clearwater supports a one cent tourist tax if 50% is earmarked for countywide advertising
and 50% is to be spent for beach renourishment".!
Commissioner Winner moved to pass and adopt Resolution 88 26 as amended 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
The City Attorney reported the Maas Brothers property is being mortgaged and the bank is requesting an amendment providing for their approval prior to termination of the agreement.
He requested City Commission approval of the amendment regarding the parking lot. !
The Commission requested an additional amendment allowing landscaping of the lot. No action was taken.!
The City Attorney reported a request has been made by former employees Andy Onufer and Dave Christiansen for outside counsel in the Stretch and Seal lawsuit. The City Manager stated,
if it becomes evident that liability against the two former employees does exist, outside counsel can be hired at that time. No action was taken.!
XVI Other Commission Action
Commissioner Berfield stated he can not accept reappointment to the Suncoast League Board of Directors.
Mayor Garvey reminded the public of the various Fun 'N Sun activities.
XVII Adjournment
The meeting adjourned at 12:04 p.m.