07/07/1988 CITY COMMISSION MEETING
July 7, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, July 7, 1988, at 6:05 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.
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
Proclamation: Parks and Recreation Month July, 1988.
V Minutes of the Regular Meeting of June 16, 1988
Commissioner Winner moved to approve the minutes of the regular meeting of June 16, 1988, as recorded and 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
Mitchell Shriber, representing the Landmark Action Committee, spoke in
opposition to the proposed connector road between McMullen Booth Road and Landmark Drive.
Shirley Carlson and Helen Johnson requested City support and funding for
the Rainbow of Love Thrift Shop.
VIII Public Hearings
Item #09 Public Hearing & First Reading, Ordinance 4606 88 Vacation of the N 3 ft. of a 10 ft. Easement; Lot 5, Blk. D, Shady Oak Farms Sub. (Schillace) 88 04 (`PW`) !
The applicant is requesting vacation of only that portion of the easement being encroached upon (2.56 ft.) by an existing concrete pool deck.!
The Public Works Department/Engineering Division recommends the north three feet of said ten foot easement be vacated.!
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. !
Attorney Keith Shanks, representing the applicant, stated the pool deck was inadvertently constructed into the easement.!
Commissioner Berfield moved to approve vacation of the N 3 ft. of a 10 ft. easement in Lot 5, Blk. D, Shady Oak Farms Subdivision. `Motion` was duly seconded and `carried` unanimously.!
The City Attorney presented Ordinance 4606 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4606 88 on first
reading. Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #10 Vacation of partial Rights of Way of various streets & easements within Brooklawn Sub. & E. A. Marshall Sub. (Al Rogero, Sr.) 88 03 (`PW`) !
The applicant requested this item be continued to the July 21, 1988 meeting.!
Commissioner Nunamaker moved to `continue` Item 10 to the meeting of July 21, 1988. `Motion` was duly seconded and `carried` unanimously. !
Item #11 Second Reading, Ordinance 4597 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 marina facilities or pursuant to a temporary permit; to provide for a temporary live aboard permit; to require the installation of sewage pump out systems
at certain marina facilities not later than December 31, 1988; 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.
Commiss
114.02, to insert the following and renumber subsequent subsections: (g) "Dock" shall mean as defined by Section 137.005; on pages 4 and 5, to delete Subsection (a) and the first two
sentences of Subsection (b) of Section 114.05 and substitute: (a) Prohibited; exceptions. It shall be unlawful for any person to moor any live aboard vessel at any location within or
upon the navigable waters in the city for any period of time in excess of 72 hours, except as follows: (1) At a marina facility for which conditional use approval has been obtained,
or a marina facility in existence as of October 13, 1985, for which conditional use approval would otherwise be required; or (2) At a dock or facility at which live aboard activities
are not specifically authorized, pursuant to the terms of a temporary permit issued to the owner or operator of the vessel by the Harbormaster; and (b) Temporary permits. The Harbormaster
shall have the authority to issue a temporary live aboard permit, which permit shall be limited to 30 days, to the owner or operator of a vessel to be moored at a dock or facility at
which live aboard activities are not specifically authorized, upon payment of a permit fee not to exceed $30.00. `Motion` was duly seconded and `carried` unanimously.!
Commissioner Winner then moved to amend Ordinance 4597 88 on page 5: in line 1, change "30 days" to "15 days", in line 3 change "$30" to $15", in lines 4 and 5, insert a comma after
temporary permit and delete "and to any renewal thereof", in line 16, change "two to six", in line 18, after "any twelve month period" insert "and not more than two such permits may
be issued in succession for the same vessel", in lines 18 20, delete the sentence beginning on line 18, and in lines 24 and 25, delete "or renewal of the permit". `Motion` was duly
seconded and `carried` unanimously.!
Two citizens spoke in support of Ordinance 4597 88, emphasizing the
importance of cleaning up Clearwater Bay, and requesting the City monitor enforcement of the Ordinance. !
The City Attorney presented Ordinance 4597 88 for second reading, as amended, and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance 4597 88, as amended,
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 #12 Second Reading, Ordinance 4598 88 Zoning Atlas Amendment from Limited Industrial to Industrial Planned Development for property located at the SW corner of the intersection
of McMullen Booth Rd. & S.R. 590; Lots 11 & 12, Block C, Dellwood Heights & that part of Tract One, Baskins Replat, N of RR right of way (Richland Properties/South Oaks Fashion Square)
Z 88 6, PSP 88 7
The City Attorney presented Ordinance 4598 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4598 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Winner, and Nunamaker!
"Nays": Regulski and Garvey. `Motion carried`.!
Item #13 Second Reading, Ordinance 4599 88 Annexation of property located at the NW corner of the intersection of S. Lagoon Circle & Ragland Ave.; Lot 62, Clearwater Manor Sub.
(Paul) A 88 11 !
The City Attorney presented Ordinance 4599 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4599 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 #14 Second Reading, Ordinance 4600 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4599 88 (Paul) A 88 11 !
The City Attorney presented Ordinance 4600 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4600 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 4605 88 Relating to Land Development Code, Amending Sections 135.098 and 135.105 to allow veterinary offices as conditional uses within the Neighborhood
Commercial (CN) District and the Beach Commercial (CB) District; Amending Section 136.015 (c)(28) relating to conditional use standards for veterinary offices. !
Commissioner Nunamaker moved to `continue` second reading of Ordinance
4605 88 to the meeting of August 4, 1988. `Motion` was duly seconded and `carried` unanimously. !
`CITY MANAGER REPORTS`
IX Consent Agenda Approved as submitted less Items #30 & 33.
Bids & Contracts Approved
Item #16 (1) Power Scrubber/Sweeper and (2) Power Sweepers for Fleet Maintenance Award contract to DeBra Equipment Co., Tampa, $25,250 (power scrubber) and to Yale Industrial Trucks,
Tampa, $4,739.00 ea. (power sweepers); for a total cost of $34,728.00; the power scrubber to be lease/purchased (`CS`)
Item #17 Janitorial Services Terminate contract with UPARC, Clearwater, and Award contract to Chemco Industries, Inc., Tampa, for $46,213.00; for service to City Hall, City Hall
Annex, & Utilities Office Bldg. due to unsatisfactory service (`CS`)!
Item #18 Carpeting for Vehicle Maintenance Facility Award contract to Commercial & Residential Floor Covering, Inc., Oldsmar, $9,256.50 (`CS`)
Item #19 Annual License and Maintenance Renewal for Finance Computer System Approval of payment to Honeywell Bull, Inc., $9,854 (`FIN`) !
Item #20 Microfilm Magazine Collection Award contract to purchase from Information Access, Belmont, CA, $16,950.00; for the Clearwater Countryside Library (`LIB`)!
Item #21 (37) Victorian Light Poles for Cleveland St. Award contract to purchase from Beacon Products, $17,575.00; for Cleveland St. between Osceola and Myrtle Aves. (`PR`) !
Item #22 Hydrogen Sulfide Odor Control Extend Purchase Order Contract 2701 to Peroxidation Systems, Inc., from 7/1/88 to 6/30/89; total contract period cost of $309,574.05, a monthly
increase from $25,497.06 to $25,797.84 to cover lease and maintenance of equipment and chemical required for odor control at 8 locations (`PW`)
Item #23 Traffic Paint Award contract to Cherokee Highway Supply, Inc., Atlanta, GA, for $10,270 being the lowest bid in accordance with specifications (`TE`)
Item #24 Water Meters Award contract to Neptune Water Meter Company, Tallassee, AL, estimated cost $84,825.00 for purchase of various sizes to be used as needed for system expansion
and replacements (`UT`) !
Change Orders Approved
Item #25 Change Order #5, Marshall Street Digestion System Part A (CL 84141 2) & Control Building Addition Part B (CL 85101 9) +$14,578 for a new contract total of $1,331,378.50;
to compensate for "new items" of work all of which are over and above the original Contract Lump Sum bid (`PW`)
Citizen & Staff Requests Approved
Item #26 Housing Assistance Plan for 1988 1991 as required by U.S. Department of Housing and Urban Development in order to apply for the Community Development Block Grant (`PUD`)
Leases #27 continued to 7/21/88; #28 approved.
Item #27 (`cont. from 6/16/88`) Sublease Renewal with Patrick Marzouca Enterprises, Inc. d/b/a Clearwater Car Rentals (`cont. to 7/21/88`) (`CS`)
Item #28 City owned Service Station Lease (49 Causeway Blvd.) Approval of lease to Charles D. Davy and Gerald R. Hunt, on a month to month basis, for one year, 8/8/88 to 8/7/89
for $12,000.00 rental plus $.02/gallon of gasoline and diesel pumped from the station each month (`MR`)
Plans & Plats Approved less Items #30 & 33.
Item #29 Revalidation of the Final Site Plan for Clearwater "19" Industrial/ Commerce Park located on the E side of US 19 approx. 1,300 ft. N of Drew St.; Clearwater "19" Commerce
Park Lot 1 & 2 (Kunnen) PSP 82 25; subject to the following conditions: 1) all certificates of occupancy be obtained by July 8, 1991 and 2) revalidation has no affect on any impact fee
requirements now in force or subsequently enacted (`PUD`)
Item #30 see page .
Item #31 (`cont. from 6/16/88`) Preliminary Site Plan and Preliminary Plat for First Florida Bank Drew St. Branch located at the SE corner of the intersection of Drew St. & Belcher
Rd.; M&B 22.04, Sec. 18 29 15 (First Florida Bank) PSP 88 22; 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 site plan; 3) actual proposed setbacks shall be provided on the site plan; 4) parking
lot and vehicular use area dimensions including the typical size of a standard parking space and handicapped space shall be provided on the site plan; and 5) a separate preliminary plat
for the bank site must be submitted to be reviewed in conjunction with the final site plan by D.R.C. (`PUD`)!
Item #32 Preliminary Site Plan for Florida VOA Elderly Housing, Inc. located between Pierce & Franklin Sts., approx. 60 ft. E of the intersection of Waverly Way & Franklin St.; Lots
1 & 12 18, Blk. W, Lots 8 14 and part of Lots 6 & 7, Blk. Z, Hibiscus Gardens & vacated ROW for Stevenson Blvd. and Lady Mary Dr. lying between above blocks (Florida VOA Elderly Housing,
Inc.) PSP 88 23; 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*; 3) a variance to the number of parking spaces shall be obtained or the site plan shall be revised accordingly prior to submittal of the
final site plan for D.R.C. review; 4) the site data calculations shall be made to be readable*; 5) an application to rezone the creek area to AL/I (Aquatic Lands/Interior) shall be submitted
prior to certification of the site plan, the area to be zoned AL/I
shall be staked/surveyed as directed by the City's Environmental Management Division, the size and legal description for this area shall be provided (for the purpose of verification
of maximum density and preparation for rezoning)*; 6) the legal description shall be corrected o the site plan (site does not include lots 4, 5 and part of lots 6 & 7, blk. Z, Hibiscus
Gardens)*; 7) the driveway off Pierce St. must be redesigned to be as close to 90 as possible and one driveway must be eliminated from Franklin St. as required by the Traffic Engineer*;
8) a minimum 6% interior landscaping for vehicular use areas and delineation of interior landscaped areas by shading or cross hatching with calculations shall be provided*; and 9) the
status of Stevenson's Creek, existing easements, on site storm water detention and utility location shall be reviewed and approved by the City Engineer. (*conditions 2 and 4 9 shall
be completed on final plan prior to D.R.C. review) (`PUD`) !
Item #33 see page .
Item #34 Preliminary Site Plan for Sunset Point 19 Shopping Center (Additions and Alterations to) located on the W side of US 19 and on the S side of Sunset Point Rd.; M&B's 41.01,
41.02, 41.04, 41.05, 41.06; a portion of Lots 1 & 12, Blackburn's Sub. & vacated roads, Sec. 6 29 16 (Branch Sunset Associates) PSP 88 26; 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 a variance to the open space requirement for the lot or the site plan must be revised accordingly*; 4) the developer must work
with Environmental Management to revise the site plan to indicate compliance with the landscaping requirements for the site's vehicular use areas (Section 136.023)*; 5) drainage detention
must be provided for the change in runoff; and 6) the acreage figure given with the legal description must be corrected (*Note: conditions 3 6 must be completed prior to D.R.C. review).
(`PUD`)
Item #35 Preliminary Site Plan for Drew Lake Office Center located on the N side of Drew St. W of St. Petersburg Junior College Clearwater Campus; the E half of Lot M & all of Lot
N, Rolling Heights (David A. Engelhardt) PSP 88 28; 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 prior to D.R.C. review; and 3) the maximum floor area ratio shall be given on
the plan prior to D.R.C. review (`PUD`)
Item #36 Preliminary Site Plan for Prestige Professional Park located on the S side of McCormick Dr., approx. 1,000 ft. E of US 19; a portion of M&B 33.06, Sec. 32 28 16 (Kendo Development,
FL General Partnership) PSP 88 29; 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 prior to D.R.C. review; 3) the maximum floor area rationshall be given on the site plan prior to D.R.C.
review; 4) a preliminary plat for all portions of the parcel to be subdivided shall be submitted to be received first by the City Commission and then reviewed concurrently with the final
site plan by D.R.C.; 5) a 70 ft. width must be provided for the Lake Chatauqua outfall ditch; and 6) consent must be obtained from the property owner to the north for providing partial
storm water detention for the subject site. (`PUD`) !
Receipt & Referral Received and referred to proper departments.
Item #37 Land Use Plan Amendment from Public/Semi Public (P/SP) and None to Commercial/Tourist Facilities and a Zoning Atlas Amendment from P/SP and AL/C Aquatic Lands/Coastal) to
CN (Neighborhood Commercial) for a .68 acre parcel located on the W side of the N'rn terminus of Fairburn Ave. approx. 200 ft. N of Engman St.; Part of Lots 1 & 2, Blk. A, Fairburn Add.
(Everybody's Tabernacle/ City) LUP 88 13, Z 88 15 (`PUD`)
Item #38 Land Use Plan Amendment from High Density Residential to Public/Semi Public (P/SP) and a Zoning Atlas Amendment from RM 20 (Multi Family Residential) to P/SP for a .19 acre
parcel located at the NW corner of the intersection of Larbord Way and Dolphin Point; part of Lots 23 25 Island Estates Unit 5A Sub. (Lake Investment, Inc.) LUP 88 15, Z 88 17 (`PUD`)
Item #39 Petition for Annexation, Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities and CG (General Commercial) Zoning for a 4.3 acre parcel
located on the N side of Main St. approx. 800 ft. E of US 19; M&B 23.06 through 23.12, Sec. 5 29 16 (Dimmitt) A 88 21, LUP 88 16 (`PUD`)
Item #40 Land Use Plan Amendment from Low Density Residential to Recreation/Open Space and a Zoning Atlas Amendment from RS 4 (Single Family Residential) to OS/R (Open Space/Recreation)
for Parcel #1 (24.79 acres); a Land Use Plan Amendment from Low Density Residential to Public/Semi Public and a Zoning Atlas Amendment from RS 4 to P/SP for Parcel #2 (1.56 acres);
M&B 44.01 & M&B 11.01, Secs. 9, 10, 15 & 16 29 16 (Pinellas County/Clearwater Christian College/City) LUP 88 14, Z 88 16 (`PUD`)
City Attorney
Agreements, Deeds & Easements Accepted
Item #41 20 ft. Easement for Vehicular & Pedestrian Ingress and Egress and road right of way, and drainage and utility purposes; W 20 ft. of Lot 2, Bamboo Sub. Replat (SDS Investments)
Item #42 Warranty deed for the E 7 ft. of Lot 16, Blk. 6, Pine Crest Sub. for
right of way purposes (Lee)
Item #43 Agreement for Lien for sanitary sewer line, M&B 42.08, Sec. 15 29 15 (Dean)
Item #44 Consent to Assignment and Assumption of Clearwater Square Agreements
Item #45 Quitclaim Deed of a 10 ft. Easement; Lots 10, 11 & 12, Palm Bluff Sub. (Bleakley)
Commissioner Winner moved to approve the Consent Agenda as submitted, less Items #30 & 33, and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and `carried` unanimously. !
There was a request to reconsider Item #16 as one of the bidders wished to file a protest. !
The City Manager stated he would meet with the bid protestor to attempt to resolve the situation. If further Commission action is required, it will be brought back at a later date.!
Item #30 Final Site Plan for Pier 1 Centre located on the S side of Gulf to Bay Blvd. approx. 190 ft. W of Thornton Rd.; Lots 9 13 & the N half of Lots 4 8, Bay Heights and the adjacent
portion of the vacated alley lying between said lots (Winner's Corp. & Tibma Brothers Co.) PSP 88 18 (`PUD`)!
The developer proposes to construct 14,822 square feet of retail gross floor area in two one story buildings with related outdoor parking and loading facilities. Access is proposed
at one point off Gulf to Bay Blvd. !
A representative of the Bethel Presbyterian Church spoke regarding the final site plan for Pier 1 Centre requesting the Commission place a condition that the entire east boundary of
the property be landscaped with a 24 inch hedge, which would beautify as well as block noise from the development.!
The Planning Director stated the Code requires 50% of the area to be landscaped, the church is requesting 100%.!
Commissioner Nunamaker moved to add a condition to the final site plan requiring continuous hedge the entire length of the east side. `Motion` was duly seconded and `carried` unanimously.!
An adjoining property owner expressed concern regarding drainage stating his engineer felt the design was inadequate to provide proper drainage and a flooding problem will result.
He requested the item be continued to the next Commission meeting so the engineers will have an opportunity to address drainage design.!
The Public Works Director stated the City Engineer shares concern regarding drainage in the area but the City is satisfied with the design as proposed by the developer. During construction
the retention pond will serve as an erosion control device and, if the City feels the drainage is insufficient, further measures will be required prior to a certificate of occupancy
being issued.!
Don Hendry, representing the developer, stated they have done everything possible to make Pier 1 Centre a desirable project. They are in agreement with
providing the continuous hedge along the east boundary. Mr. Hendry stated their engineer is thoroughly qualified to design drainage and, if the project is delayed, financial problems
will result. If problems with drainage occur in the future, they can be addressed at that time.!
Commissioner Regulski moved to approve the final site plan for Pier 1 Centre subject to the following conditions: 1) a 10 ft. drainage and utility easement must be provided along Gulf
to Bay Blvd. prior to issuance of a building permit; 2) ingress/egress easements and a 10 ft. utility easement over water mains up to and including meters and hydrant, if required by
the Utilities Dept., must be provided prior to issuance of a building permit; 3) the dumpster must be visually screened with a 12 ft. wide clear opening; 4) open space fees must be paid
prior to certification of the final site plan; 5) final landscaping plan must be coordinated with the City Forester and is subject to approval prior to the issuance of any building permit;
6) signs and fencing or walls will be subject to separate review and permitting; 7) the requisite initial building permits must be procured within six months from date of certification
of the final site plan and all certificates of occupancy must be obtained within three years from the date of certification of the final plan; 8) tree locations must be verified by the
Urban Forester prior to issuance of building permits and any adjustments necessary to the site plan as a result of revised tree locations must be coordinated through the Code Administrator's
office prior to issuance of building permits; 9) a continuous hedge be provided along the east boundary and that the appropriate officials be authorized to execute same. `Motion` was
duly seconded and `carried` unanimously.!
Item #33 Preliminary Site Plan for Shoppes at the Savoy Phase II located on the W side of McMullen Booth Rd. approx. 120 ft. N of Terrace View Lane; W portion of M&B's 32.01 & 32.02
(after right of way acquisition for McMullen Booth Rd.) Sec. 9 29 16 (K.D. Sauder) PSP 88 25 (`PUD`)!
The Planning Director stated the developer of Shoppes at the Savoy Phase II is considering a new design and requests the item be continued to the August 4th meeting.!
Commissioner Berfield moved to `continue` Item 33 to the meeting of August 4, 1988. `Motion` was duly seconded and `carried` unanimously.!
X Other Items on City Manager Reports
Item #46 Preliminary Subdivision Plat for Clearwater Auto Park located approx. 550 ft. N & 350 ft. E of the intersection of Drew St. & US 19; M&B 33.02, Sec. 8 29 16 (Automanage, Inc.)
Sub 88 5 (`PUD`) !
A site plan has been approved and certified for a car dealership
development. The developer now wants to subdivide the property into three lots to distinguish the different car dealerships as separate developments (for separate signage, etc.)
Access has been approved at one point on U.S. 19 and one point on Drew Street.
Commissioner Winner moved to authorize review of a preliminary subdivision plat for Clearwater Auto Park with final action by the D.R.C. subject to the following conditions: 1) the
required five foot wide sidewalks for Drew St. and U.S. 19 shall be clearly shown on the preliminary plat or supplementary drawing; 2) According to Section 133.020, a ten foot wide utility
easement along Drew St. and a 15 foot wide utility easement along side and rear of property lines must be provided on the plat, unless approved otherwise by the D.R.C.; 3) storm water
retention and easements must be provided as required by the Public Works Department; 4) calculations must be provided for each proposed lot to show that existing/proposed development
will be in compliance with the provisions of Chapter 135, the Zoning District Regulations, and thereby, show that each lot will "stand on its own" for development purposes; 5) cross
parking easements and cross access easements between the individual lot owners be executed prior to recording the final plat; and that the appropriate officials be authorized to execute
same. `Motion` was duly seconded and `carried` unanimously. !
Item #47 Preliminary Site Plan for Homeless Emergency Project located at the NW corner of the intersection of Engman St. & Fairburn Ave.; Lots 1 & 2, Blk. A, Fairburn Add. (Everybody's
Tabernacle) PSP 88 15 (`PUD`) !
Mayor Garvey requested this item be continued to the meeting of July 21,
1988 so the adjacent property owners can review the preliminary site plan.!
Commissioner Nunamaker moved to `continue` Item 47 to the meeting of July 21, 1988. `Motion` was duly seconded and upon the vote being taken, Commissioners Nunamaker, Winner, Berfield
and Mayor Garvey voted "aye". Commissioner Regulski voted "nay". `Motion carried`.!
Item #48 Preliminary Site Plan for Seville Oaks located at the SE corner of
U.S. 19 & Seville Blvd. (a private road), S of Clearwater Mall; M&B's 33.03 & 33.04, Sec. 17 29 16 (First Federal Savings & Loan Association of Largo; Ronald P & Alice Niske; James J
& Jean Pope) PSP 88 27 (`PUD`)
The developer received approval from the Planning and Zoning Board on May 3 and June 14, 1988 for a conditional use for outdoor retail sales, displays and/or storage of vehicles with
conditions.!
The Planning Director reviewed the concerns expressed regarding access points to the proposed development and stated there are also concerns of Seville residents regarding the applicant
using Seville Blvd. for access to and from the property.!
The City Attorney stated that, as a result of a court judgement based on a 1969 agreement, the applicant has the right of ingress and egress from Seville Blvd. An agreement drawn up
in 1973 gave Clearwater Mall ingress and egress rights, established a speed limit of 25 MPH and prohibited truck traffic.!
Discussion ensued regarding the prohibition against trucks on Seville Blvd. The City Attorney suggested the sign could be changed to read "no thru trucks" rather than "no trucks". It
was pointed out Seville Blvd. is a private road but the City was given the authority to put up signs by the 1973 agreement.!
Four residents of Seville spoke in opposition to the preliminary site plan citing concern regarding the weight of trucks and boats and the damage that could be done to Seville Blvd.
It was pointed out Seville residents pay one half of the maintenance cost of Seville Blvd. and Clearwater Mall pays the other half. Concerns were also expressed regarding having a garage
facility next to a residential development.!
Discussion ensued regarding using a median cut onto Seville Blvd. as a means of ingress and egress for the automobile and boat sales. Harry Cline, attorney representing the developer,
stated a median cut would be beneficial to Seville Oaks but approval would be difficult to obtain. Mr. Cline pointed out the developer has also paid a portion of the maintenance cost
of Seville Boulevard.
Discussion ensued regarding the four existing cuts onto U.S. 19 and that this would be an opportunity to close some of these existing access points. The Planning Director requested,
that if any of the access points onto U.S. 19 are removed, the Commission require replacement with sod and/or landscaping.!
Attorney Cline stated his client was not aware of the Commission's desire to close access points, and the applicant is not in agreement. !
Commissioner Regulski moved to authorize review of a final site plan for
Seville Oaks 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 size, location,
orientation and shielding of the refuse container(s) shall be provided on the final site plan prior to D.R.C review; 3) the developer shall record a Unity of Title prior to certification
of the final site plan for the two parcels used for the single development; 4) all required site calculations (with percentages of site) must be provided on the final site plan prior
to D.R.C. review; 5) conditions of Planning and Zoning Board approval of the conditional use must be indicated on the final site plan prior to D.R.C. review; 6) a 15 ft. drainage and
utility easement is required for the existing system and the storm pipe must be upgraded to City standards; 7) storm water detention must be designed by a P.E. and cpies of DER and SWFWMD
permit applications must be provided to Public Works; 8) a 40 ft. drainage and utility easement will be required along U.S. 19; 9) the access points onto U.S. 19 be reduced to two and
the closed access points be replaced with sod and/or landscaping; and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
The meeting recessed from 8:17 8:32 p.m. !
Item #49 First Reading, Ordinance 4612 88 Authorizing the construction and acquisition of additions, extensions and improvements to the water and sanitary sewerage system of the
City of Clearwater; Authorizing the refunding of the outstandng Water and Sewer Revenue Bonds, series 1987 and a portion of the Water and Sewer Revenue Bonds, series 1984, of the City;
Providing for the issuance of not exceeding $90,000,000 Water and Sewer Revenue Bonds, series 1988 (such bonds may include capital appreciation bonds which will mature in a higher amount
in lieu of interest) of the City to be applied to pay the principal and interest in respect to said presently outstanding obligations and the cost of such additions, extensions and improvements;
Providing for the payment of the refunding bonds from the revenues of the water and sewer system, including covenants and agreements in connection therewith; Providing for proper notice
of proposed enactment.! (`CM`) !
Ordinance 4612 88 provides for the ability to issue bonds necessary for the forthcoming sewer system expansion. Even though the project itself is only expected to require $40 million,
the authorized face amount of $90 million has been set conservatively to accommodate a refunding of the existing outstanding bonds as well as the possibility of allowing Safety Harbor
to participate in the issue. Any portion of the authorized amount which is not needed and issued will be cancelled.!
The refunding bonds are being proposed as a method or restructuring the
existing debt to provide for approximately level debt service after incorporating the new money debt. Additionally, the refunding will provide funds to guarantee a call on the existing
bonds at the earliest possible call date, thereby providing a significant present value savings in overall debt service.!
The current proposal is to issue the refunding bonds first, followed by the new money bonds 30 days later. The financial advisor has suggested this approach as a means of maximizing
the permissible yield on the refunding escrow, thereby minimizing the amount we are required to borrow. !
It was pointed out that if Safety Harbor chooses not to participate in the bond issue, the City will proceed on a smaller scale.!
The City Attorney presented Ordinance 4612 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4612 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #50 First Reading, Ordinance 4613 88 Amending Section 50.05(e)(1) Code of Ordinances, to Increase the Water Rates. !
A water rate increase is required in order to continue to meet bond covenants, to pay operating and maintenance costs, and to fund capital improvements. Current water rates were approved
by the City Commission on August 1, 1985. Subsequently, on October 1, 1987, the rates were modified 4.2% as provided by ordinance to pass through a 7% increase in the County's water
supply rate.!
Water system revenues for the current fiscal year 87/88 were projected based on a rate adjustment going into effect during the fourth quarter of the current fiscal year. Continuation
of current rates would generate a cashflow shortfall.!
Briley, Wild & Associates, Consulting Engineers, have prepared a Water Rate Analysis and Report which offers four choices of rates which will meet different revenue requirements. Scenario
1 assumes a status quo with no additional treat ment for raw water and all expenses paid on a pay as you go basis. Scenario 2 assumes water treatment to be programmed, and on a bond
issue issued in 1993 with all preliminary costs paid from current revenues. Scenario 3 assumes treatment will be programmed, bonds will be issued in 1993 but that preliminary costs will
be paid with bond anticipation notes. Scenarios 2 & 3 assume treatment of all water by the City of Clearwater and no treatment by Pinellas County. Scenario 4 assumes Pinellas County
will treat the water they produce and the City will treat only the water produced from its wells. A smaller bond issue would be required in this Scenario but the total cost to the customer
would remain approximately the same.
The City Manager stated the City of Clearwater has had no water rate increase since 1985 with the exception of the pass through rate when Pinellas County raised rates.
Cecil Henderson, Utilities Director, stated the Ordinance addresses not only a rate increase, but future direction for the City's water system. Decisions must be made whether or not
to treat the water, and whether to work with the County or for the City to go its own way. Mr. Henderson stated Briley, Wild & Associates has completed a study regarding the City's water
needs through the year 2010. Mr. Henderson stated the City should become more involved with the West Coast Regional Water Supply Authority. Although the City's distribution system is
in good shape, it is recommended that by 1995, an elevated water storage tank be constructed on Sand Key. Of the four scenarios proposed, staff is recommending scenario #4. Mr. Henderson
pointed out that, eventually, the City will be required to do water treatment.!
One citizen spoke regarding the increase citing an article in the Tampa Tribune which quotes Mr. Henderson as stating "the total increase over the next few years would be 74%". The
citizen recommended the choice regarding treatment be left to the individual homeowners by the use of home treatment units to remove mineral impurities. He recommended the City adopt
scenario #1.!
Discussion ensued regarding the increase and the use of reverse osmosis
treatment for removing the minerals from the water. Mr. Henderson stated the treatment would be tested by the use of a small portable plant to determine the amount of waste water and
the efficiency of the system. Mr. Henderson stated an increase of 74% was not his calculation, and it is unfair to compare the 1993 rate with the current rate.!
The City Attorney presented Ordinance 4613 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4613 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
Item #51 First Reading, Ordinance 4620 88 Amending Section 50.05(e)(3) to Increase the Sanitary Sewer Utility rate schedule (`CM`) !
The Florida Legislature passed SB204 in 1987 which requires that all effluent discharged to surface waters from treatment plants in the Tampa Bay area be in compliance with Advanced
Wastewater Treatment Standards (AWT). Reaching the standards will require extensive modification and expansion of the three Clearwater Water Pollution Control (WPC) Plants. Upgrading
the WPC Plants to AWT standards will cost in excess of $40 million. A change in sewer rates is required to finance the bond issue necessary to the WPC plant upgrades.!
The City's Engineering Consultants, Briley, Wild & Associates, have prepared a rate analysis that will generate sufficient funds to pay for the construction and increased operational
costs of the AWT system. The proposed rate structure will also provide for general increases in normal non AWT operating costs.
To meet the multi phased multi year financing requirements of the AWT
construction and the increased system operating costs, the rate analysis recommends increases in the rates for each of the next four Fiscal Years starting October 1, 1988. Both the
minimum lump sum charges for assigned volumes of water for each water meter size and the charge per 100 cubic feet of water consumed over the minimum assigned volume are scheduled for
change each of the next four years.!
The end result of this AWT program will represent the first significant
upturn in the water quality of Old Tampa Bay. Whereas previous secondary level treatment facilities have heretofore provided effluent quality that has, at best, been discernibly harmful,
this state of the art effluent will, when mixed with existing bay waters, actually enhance their quality measurements.!
One citizen questioned the advertising and publicity of the proposed sanitary sewer rate increase emphasizing that, since the rate affects everyone, it should be advertised in more
than one newspaper. !
The City Attorney stated the Ordinance would be advertised for public hearing at second reading.!
The City Attorney presented Ordinance 4620 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4620 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 Resolution 88 28 Accepting the Gas Franchise contained within Ordinance No. 451 adopted by the City of Indian Rocks Beach, and agreeing to comply with the terms thereof,
including all reasonable ordinances adopted by the Grantor of the franchise which are applicable to the franchise activity and not in conflict with the terms of the franchise. !
Commissioner Regulski moved to pass and adopt Resolution 88 28 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 #53 Adopt tentative Millage Rate of 5.1000 for Fiscal Year 1988/89 and set Public Hearings on the Budget for 9/1/88 & 9/15/88. !
In accordance with the TRIM Bill process, it is necessary for the City
Commission to adopt a tentative millage rate prior to finalizing and adopting the Budget. The tentative millage rate will be included in the TRIM Bill notices sent to taxpayers in the
middle of August and can not be increased without special mailing; however, the millage rate may be decreased prior to adoption of the final budget.!
An increase of .1000 mill over the current rate of 5.000 mills is recommended for FY 88/89. If the 5.1000 mills rate is adopted, all advertising requirements will indicate a tax increase
of 4.8% over the rolled back rate of 4.8674 mills. The rolled back rate, according to the State's definition, is a millage rate which exclusive of new construction, additions to structures,
deletions, and property added due to geographic boundary changes, will provide the same ad valorem tax revenue as was levied the prior year.!
In order to avoid any advertised increase the rate of 4.8674 mills would have to be adopted, generating $17,573,869 requiring a $839,806 reduction in the recommended budget.!
It was pointed out the millage rate being set is the maximum millage rate and that every effort would be made to hold the rate to 5.0 mills.!
Commissioner Regulski moved to adopt a tentative millage rate of 5.10000 for fiscal year 1988/89 and set Public Hearings on the Budget for September 1, 1988 and September 15, 1988
after 6:30 P.M. `Motion` was duly seconded and `carried` unanimously.!
Item #54 Airpark Authority Appointment (1 member) (`CLK`)
Commissioner Berfield moved to appoint Lee Arnold as the Chamber of Commerce representative. `Motion` was duly seconded and `carried` unanimously.
Item #55 Community Relations Board Appointment (2 members) (`CLK`) !
Commissioner Regulski moved to appoint Thomas Signor and Donald Whitehead in the Industrial Management category. `Motion` was duly seconded and `carried` unanimously. !
Item #56 Municipal Code Enforcement Board Appointment (1 member) (`CLK`) !
Commissioner Regulski moved to appoint John McKinney. `Motion` was duly
seconded and `carried` unanimously. !
Item #57 Parks & Recreation Board Appointment ( 1 member) (`CLK`) !
Commissioner Berfield moved to appoint Vera Nigrelli. `Motion` was duly
seconded and upon the vote being taken, Commissioners Berfield, Regulski, Winner, and Nunamaker voted "aye". Mayor Garvey voted "nay". `Motion carried`.!
Item #58 Group Health Insurance Study, Siver Consultants authorization for
solicitation and evaluate competitive proposals; recommend insurance plan(s) best able to meet the City's future cost and employee benefit objectives; and implement those plan(s) as
approved by the City, for a total fee not to exceed $22,000.!
The City currently provides group health insurance to its employees through four separate plans. In April 1988, the staff was alerted that health care premiums were rising significantly
with indemnity plans increasing 40% and HMO plans 15%. In early May, the staff met with Siver Consultants to explore strategies for dealing with these increases if and when they materialized.
On June 3, 1988, the staff was advised by Gulf Life that premiums would increase by 57.5% effective August 1st. Recognizing the immediate and critical impact of this increase on the
City and its employees, the staff directed Siver to implement strategies.!
Siver Consultants was selected because time is of the essence; Siver is
familiar with internal City of Clearwater operations from previous engagements; and Siver recently completed similar engagements for Orlando, Jacksonville and Manatee County with positive
results.!
During the period 4/1/87 thru 5/1/88, the City paid about $1,600,000 in
health premiums to insure employees only. During that same period, employees paid $813,500 in premiums to insure their dependents. A 20% increase in premium cost was expected for 88/89,
or about $1,900,000 for City and $900,000 for employees. !
It was pointed out this is a study only and the City is not adopting another insurance plan at this time.!
Commissioner Regulski moved to authorize Siver Consultants to solicit and evaluate competitive proposals for group health insurance; recommend insurance plans best able to meet the
City's future cost and employee benefit objectives; and implement those plans as approved by the City, for a total fee not to exceed $22,0000 as authorized under Sec. 42.23(5), Code
of Ordinances and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously. !
XI Other Pending Matters none.
`CITY ATTORNEY REPORTS`
XII First Reading Ordinances
Item #59 Ordinance 4603 88 Annexation of property located on the E side of El Trinidad Dr. at its N'rn terminus; the 100 ft. of Lots 17 & 18, Blk. 1, Virginia Grove Terrace Sub.
(Scartozzi) A 88 13 !
The City Attorney presented Ordinance 4603 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4603 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #60 Ordinance 4604 88 Zoning Atlas Amendment as Single Family (RS 8) for property annexed in Ord. 4603 88 (Scartozzi) A 88 13!
The City Attorney presented Ordinance 4604 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4604 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #61 Ordinance 4611 88 Relating to Land Development Code, Amending Section 135.151 to Add certain Use Limitations applicable to Uutdoor Electrical Facilities and Public Works
projects in the Limited Industrial District, and to amend a cross reference relating to alcoholic beverage sales. !
The City Attorney presented Ordinance 4611 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4611 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #62 Ordinance 4647 88, Relating to Elections Amending Chapters 30 through 35 Code of Ordinances, relating to absentee ballots, candidates, write in candidates, election boards,
disclosure requirements and other requirements, procedures, penalties, and related matters; Repealing Sections 32.01 through 32.06, 32.08 through 32.11, 32.13, 32.14, 34.03, 34.09,
and 34.10 Relating to campaign practices which are either prohibited or regulated by Florida Law, including consideration for registration, consideration by candidate to secure nomination
or election, consideration to communication media, consideration to other candidates, consideration given for unlawful purposes, contributions to be reduced to monetary value for reports,
services of municipal oficers and employees durintg working hours, influence of voting by municipal employees or officials, false and malicious charges, qualified political advertising
publication, political advertising and literature, statements by candidates near election day, soliciting near polling places, types of electronic voting systems authorized, persons
allowed in polling places, and inoperative electronic voting system units.!
The City Attorney presented Ordinance 4647 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4647 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #63 Ordinance 4649 88, Relating to the Compensation of the Mayor/ Commissioner and City Commissioners; Increasing the annual salary of the Mayor/ Commissioner from $12,000.00
to $14,000.00; Increasing the annual salary of each City Commissioner from $10,000.00 to $12,000.00.!
Commissioners Berfield and Nunamaker withdrew their support for this
Ordinance.!
Commissioner Berfield moved to `table` Ordinance 4649 88. `Motion` was duly seconded and `carried` unanimously.!
Item #63A Ordinance 4650 88, Relating to the Clearwater Downtown Development Board providing for a "Sunset Review" of the Clearwater Downtown Development Board; providing for the
Repeal of Article IV of Chapter 22, Code of Ordinances, which consists of the enabling Legislation for said Board, effective as of September 30, 1989, and reserving the right to amend
or repeal this ordinance prior to said effective date.!
It was pointed out this action allows the City Commission to proceed on a new basis and to set up an advisory board to provide input to the Commission.!
The City Attorney presented Ordinance 4650 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4650 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
XIII Resolutions
Item #64 Resolution 88 24 Requesting the Supervisor of Elections of Pinellas County to reserve space on the Ballot for a Special Election to be held concurrently with the General
Presidential Election on November 8, 1988 for the purpose of submitting to the voters of the City one or more ballot questions, the form of which shall be provided on or before September
21, 1988.
Commissioner Winner moved to pass and adopt Resolution 88 24 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 #65 Resolution 88 31 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 31 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 #66 Resolution 88 32, Relating to Emergency Management Approving the form of a standard proclamation and seven standard resolutions which may be utilized to declare and to
confirm a state of emergency, and to impose certain regulations during a state of emergency. !
Commissioner Winner moved to pass and adopt Resolution 88 32 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. !
XIV Other City Attorney Items
The City Attorney requested Commission authorization for execution of a Quit Claim Deed for an easement in Lot 6, Block D, Maranatha Subdivision.!
Commissioner Winner moved to authorize execution of the Quit Claim Deed. `Motion` was duly seconded and `carried` unanimously. !
The City Attorney reported the litigation update should be released the day following the meeting.!
XV Verbal Reports none.
XVI Other Commission Action
Item #67 Appointment of Representative on the Pinellas Planning Council!
Commissioner Nunamaker moved to appoint Commissioner Winner. `Motion` was duly seconded and `carried` unanimously. !
Commissioner Nunamaker expressed concern that too much discussion and debate is taking place at work sessions and decisions are being made without public input. Commission consensus
was to limit work session discussions and use work sessions to obtain information and ask questions of staff.!
Commissioner Winner questioned whether the noise ordinance status would be
included in the litigation update. The City Attorney responded affirmatively, and reported briefs have been filed but no hearing scheduled.!
Commissioner Regulski spoke in favor of the City's efforts to control the
placement of newspaper racks and vending machines through cooperation rather than through a regulatory ordinance.!
XVII The meeting adjourned at 9:53 p.m.