09/01/1988 CITY COMMISSION MEETING
September 1, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, September 1, 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.
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 None.
V Minutes of the Regular Meeting of August 18, 1988.
Commissioner Regulski moved to approve the minutes of the regular meeting
of August 18, 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 None.
VIII Public Hearings
Item #9 (`Cont. from 8/18/88`) Vacation Request of the partial ROW of various streets & easements within Brooklawn Sub. & E. A. Marshall Sub. (Al Rogero, Sr.) V 88 03 (`PW`)
The subject property includes such dimensions and features which, although allowed by the County at the time of original recording in 1925, currently render the lot layout undevelopable
except as numerous variances and substandard facilities would be allowed.
The principal owner, Mr. Rogero, has agreed to annex to the City, replat the property, and consequently provide a far better community product than would otherwise be the case.
The City has worked with Mr. Rogero in resolving the various gains and losses both he and the City might experience as the different configurations of a possible replat have been
considered. The results of these considerations reflect a general agreement by staff and the developer as to an acceptable final product.
These vacations, in conjunction with the new plat, will result in some existing platted streets being eliminated, some new streets being created, and some change in width and alignment
of portions of some other existing platted streets.
Trish Muscarella, attorney for the applicant, stated she and staff are in concurrence regarding the recommendation.!
Commissioner Regulski moved to approve the vacations as represented by Exhibit A to the agenda item, subject to the following: 1) the vacations are for the accommodation of a plat
configured in agreement with the vacations, are subject to the recording of that accommodating plat, and take effect concurrent with that plat recording and 2) the satisfaciton of the
concerns relative to Lot 10, Blk. C, expressed by Florida Power and agreed to by the developer, is a condition of this approval and to direct the City Attorney to include in an ordinance.
`Motion` was duly seconded and `carried` unanimously. !
Item #10 (`Cont. from 8/4/88`) Resolution 88 34, Authorizing the City to demolish an unsafe structure
if owner fails to repair or demolish within 30 days 31 Kendall St.; Lots 8 11 inclusive, Blk. 8, Clearwater Beach Rev. (`BLD`)
On September 3, 1987, upon receipt of a complaint regarding broken glass on the sidewalk, the structure was inspected, and found to be fire damaged, and in a deteriorated condition.
Inspector Chaplinsky discussed the situation with Mr. Lambros, who indicated he had not settled with the insurance company and was uncertain if he would repair or demolish the structure.
The following month, Mr. Lambros stated he would demolish it. As of November 24, 1987, nothing had been done and Mr. Chaplinsky hand delivered formal Notice of Unsafe Building to Mr.
Lambros.
On January 18, 1988, as no work had been done, Mr. Chaplinsky requested a hearing before the Municipal Code Enforcement Board.
At the Municipal Code Enforcement Board hearing on February 10, 1988, Mr. Lambros stated he would demolish the building but needed additional time. The Board gave him 90 days (until
May 10th) to secure the building, remove the tenants, and commence demolition.
The Board's order has been violated for more than 30 days, therefore it is in order for the Commission to proceed with the public hearing.
The Bui
this property.!
No correspondence of appeal has been made by the property owner.
This item was continued from the August 18th meeting to allow Mr. Lambros' sister's attorney to settle questions regarding ownership and disposition of the property.
Inspector Tom Chaplinsky reviewed the history of this case and, in response to questions, indicated that many of the structure's 2 x 4s are damaged, a large amount of the stucco is
cracked, and there is evidence of termite infestation. He also submitted pictures showing the damaged structure. He stated the structure has been secured; there is evidence of electrical
work being done without a permit and wires are exposed.
The City Attorney reported that notice given regarding these violations was proper.
In response to concerns expressed regarding notice to Mr. Lambros' sister, Inspector Chaplinsky stated he had personally given a complete copy of all documents to her attorney.
Commissioner Nunamaker moved to pass and adopt Resolution 88 34 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 #11 Request for variance to the minimum distance requirement for alcoholic beverage sales; Baskin's Replat, part of Blk. 2 (Herbert Wollowick/The World of Beer, Inc.) AB 88 12
(`CLK`)
This request was received to permit package sales of beer and wine within 33 feet of a residential zone at 2809 Gulf to Bay Blvd., zoned CG (general commercial).
The applicant is relocating to another suite in the same strip shopping center.
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board subject to the following conditions: 1) City Commission approve variance to the minimum
distance requirement and 2) occupational license be procured within six months.
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property subject to procurement of occupational
license within six months. The motion was duly seconded. Upon the vote being taken, Commissioners Winner, Regulski, Nunamaker and Mayor Garvey voted "aye". Commissioner Berfield voted
"nay". `Motion carried`.
Item #12 Request for variance to the minimum distance requirement for alcoholic beverage sales; Sec. 17 29 16, M&B 32.01 & 32.02 (Hahn Co./Schnickel Fritz) AB 88 13 (`CLK`)
This request was received to permit on premises consumption and package sales of beer and wine within 48 feet of a similarly licensed establishment at 119 Clearwater Mall, zoned CC
(commercial center).
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board subject to: 1) City Commission approval of a variance to the minimum distance requirement
and 2) occupational license be procured within six months.
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum
distance requirement on the subject property subject to procurement of occupational license within six months. `Motion` was duly seconded and `carried` unanimously.
Item #13 Request for variance to the minimum distance requirement for alcoholic beverage sales; Longview Sub., Lots 3, 4, 19, 10 & 21 (Robby's Pancake House, Inc.) AB 88 14 (`CLK`)
This request was received to permit on premises consumption of beer and wine within 81.5 feet of a residential zone and 130 feet of a similarly licensed alcoholic beverage establishment
at 1617 Gulf to Bay Blvd., zoned CG (general commercial).
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board subject to: 1) City Commission approval of a variance to the minimum distance requirement
and 2) alcoholic beverage license be procured within six months.!
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property subject to procurement of alcoholic beverage
license within six months. `Motion` was duly seconded and `carried` unanimously.
Item #14 (`Cont. from 8/4/88`) Public Hearing & First Reading Ordinances 4631 88 & 4632 88 Land Use Plan amendment from Low Density Residential to Public/Semi public and a Zoning
Atlas amendment from RS 8 (Single Family Residential) to P/SP (Public/Semi public) for a .55 acre parcel approx. 200 ft. S of Drew St. on both E & W sides of Nimbus Ave.; Lot 1, Blk.
J, Skycrest Sub. Unit 9 & Lot 3, Blk. A & Lot 3, Blk. B, Skycrest Sub., Unit 10 (Skycrest United Methodist Church) LUP 88 6, Z 88 10 (`PUD`)
The two lots lying between Mercury and Nimbus Avenues are developed with a parking lot to serve the church use to the north. In 1964, the Board of Adjustment and Appeal granted a
special exception to permit the non commercial parking use in the single family district.!
The lot located on the west side of Nimbus Ave. is presently developed with a single family residence which is proposed to be removed to provide additional church parking. The current
RS 8 zoning no longer permits non commercial parking as a conditional use.!
The Planning Director indicated the primary reason for the application is to accommodate additional parking for the church. She stated the capacity of the sanctuary is 750, and 250
spaces would be required according to today's code. They have approximately 140 spaces.!
Keith Crawford, representing the Church, stated they had met with the neighborhood and the concern is what could occur in the future. The neighborhood is not opposed to parking but
they are opposed to the rezoning; however, without the rezoning, the church cannot legally allow parking on the additional lot. He presented an aerial photograph taken on May 20, 1984
showing the parking lot full, with people parking on the streets and other property. In response to questions, he stated he felt the Church would have no problem with placing a Unity
of Title on all the property and filing a site plan of record showing the lots as required parking. !
Two citizens spoke stating they are concerned regarding what the future holds, and requested there be a code change that would allow the parking on the lot with the existing zoning.!
A suggestion was made that the parking on the lot be contingent upon church ownership and, if the Church should sell, the property would revert to its residential zoning.!
The Planning Director indicated this would be an item to be agreed upon between the Church and the neighborhood.!
One citizen spoke in favor of the request stating the Church needs the parking.!
Commissioner Regulski moved to approve the requested land use plan and zoning amendments subject to the execution of the Unity of Title and the submission of the site plan designating
the parking lots as required parking to be submitted prior to second reading of the ordinances, that the required landscaping be installed and the paper storage yard continue to be oriented
to the alley. The motion was duly seconded.!
Discussion ensued regarding Commission's desire for staff to consider some alternative that would allow this as a conditional use and protect the integrity of the residential neighborhood.!
Upon the vote being taken, Commissioners Winner, Regulski, Berfield and Mayor Garvey voted "aye". Commissioner Nunamaker voted "nay". `Motion carried`.!
The City Attorney presented Ordinance 4631 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4631 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner and Garvey. !
"Nays": Nunamaker. `Motion carried`.!
The City Attorney presented Ordinance 4632 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4632 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner and Garvey. !
"Nays": Nunamaker. `Motion carried`.!
Item #15 (`Cont. from 8/18 /88`) Public Hearing & First Reading Ordinances 4642 88 & 4643 88 Land Use Plan amendment from Medium Density Residential to High Density Residential
and a Zoning Atlas amendment from RM 12 to RM 28 for a 6.79 acre parcel located S of existing Seville Condominium and Seville Blvd. and Pearce Dr., a private street; M&B 33.06, Sec.
17 29 16 (Clearwater Seville Ltd.) LUP 88 12, Z 88 14 (`PUD`) !
`and`
Item #16 (`Cont. from 8/18 /88`) Public Hearing & First Reading Ordinances 4644 88, 4645 88 & 4646 88 Petition for Annexation of two parcels with a Land Use Plan Amendment from Medium
Density Residential to High Density Residential and RM 28 (High Density Residential) Zoning for Parcel 1 (34.48 acres) and AL/C (Aquatic Lands/Coastal) Zoning for a Parcel 2 (26.90
acres) on a total parcel of 61.38 acres located at the E'rn terminus of Seville Blvd.; M&B 34.01, a portion of M&B 34.02 and M&B 21.01, Sections 17 29 16 & 20 29 16 (Clearwater Seville,
Ltd. and AEL Partnership) A 88 20, LUP 88 11 (`PUD`) !
The requested land use plan amendments will require state approval. There is litigation pending on the property. There are no immediate plans for development.!
The Planning Director indicated that in 1969 an agreement with Mr. Blackburn was entered into regarding annexation and zoning on this property. In 1982, the property was reviewed
and rezoned to RM 12. A suit was filed as a result of this down zoning. She stated they are now reviewing the annexation of the portion of this property not within the City limits of
Clearwater. She stated she has verified that a contract to purchase the property has been withdrawn. The Planning and Zoning Board reviewed the request and resulted in a 3 3 vote. She
stated some questions have arisen regarding the impact assessment statement submitted. She stated staff's recommendation for RM 20 zoning, instead of the RM 28 requested, is based on
the current development of Seville. !
Bill Albrecht, representing Clearwater Seville, Ltd. and AEL, distributed items showing Seville as it was developed and as it was planned. He stated development of this property has
been encouraged by Clearwater, and the recommendations for a less dense zoning is a reaction to development that has been taking place throughout Clearwater. Mr. Albrecht stated the
property, when zoned RM 54, was developed at 21 24 units per acre. The request for the RM 28 density is to allow them to continue and complete the project allowing flexibility in the
development.!
Robert McDermott, attorney representing Clearwater Seville buildings 2, 3, and 4, requested the Commission hold to twelve units per acre. He reviewed the history of the agreements
regarding this land, and also stated there is a credibility problem with the impact assessment statement. He also expressed concerns regarding additional volumes of traffic on Seville
Blvd. and U.S 19.!
One citizen spoke in support of the request stating the remaining land should be developed consistently with the current development.!
Four citizens spoke in opposition expressing concerns that the additional high density would result in additional problems regarding street accesses and other service overloads.!
One citizen spoke in support of the request stating the density is needed for flexibility, and the development would more than likely be less than RM 28. He stated to relieve traffic
problems an outlet road to S.R. 60 is possible.!
Mr. Albrecht, speaking in rebuttal, stated concerns expressed regarding the closing of the southwest access road are unwarranted as people are referencing the wrong road. The southwest
access road is the two lane road running in front of Montgomery Ward and intersects with Seville Blvd. close to its intersection with U.S. 19. He stated traffic would not be a problem,
and defended the impact statement as being correct.!
Commissioner Winner moved to approve RM 16 zoning. The `motion` was duly seconded and `carried` unanimously. !
The City Attorney reported the owner would need to indicate if he wished to go forward with the RM 16 prior to second reading. He also indicated that the zoning ordinances are amended
to reflect the RM 16 zoning as approved by the Commission. Ordinance 4642 88 and 4645 88 are not necessary as the RM 16 zoning does not necessitate Land Use Plan amendments.!
The City Attorney presented Ordinance 4643 88 for first reading, as amended, and read it by title only. Commissioner Regulski moved to pass Ordinance 4643 88, as amended, on first
reading. Motion was
duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
The City Attorney presented Ordinance 4644 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4644 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
The City Attorney presented Ordinance 4646 88 for first reading, as amended, and read it by title only. Commissioner Regulski moved to pass Ordinance 4646 88, as amended, on first
reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None.!
Commission recessed from 9:10 9:22 p.m.!
Item #17 1988/89 Budget, Public Hearing and First Readings:!
The final changes to the proposed 1988/89 Operating Budget and Capital Improvement Program Budget are primarily a result of the Commission's adoption of increased toll and token revenue
for the Sand Key Bridge which will allow road and drain monies to be reallocated to other projects, and the establishment of a project for the Water Division to conduct a "Reverse Osmosis
Softening Pilot Plant Study" upon direction of the Commission.!
a) Ordinance Ordinance 4673 88`, Declaring the Millage Rate of 5.1000 to be levied for the Fiscal Year beginning October 1, 1988, and ending September 30, 1989, for operation purposes
including pensions and debt service, road and drainage capital improvements and a reserve for self insurance.
The City Manager reviewed the proposed budget. He explained some of the reorganizations which allowed reductions in personnel in some departments and increases in others. He stated
public safety had been concentrated upon with an increase in police officers. He stated the budget is conservative overall, and City staff is trying to be innovative. He stated there
is an article in which Clearwater is mentioned 20 times regarding 93 innovative measures that local governments are taking.!
Four citizens spoke in opposition to the proposed connector road between Landmark Drive and McMullen Booth Road, which is a part of the Capital Improvement Budget, stating the road
is not needed at this time and will be used as a raceway. A petition with 201 signatures in opposition was submitted.!
Four citizens spoke in support of the connector road stating it is needed to alleviate traffic problems in residential neighborhoods and to increase the safety of the children in those
neighborhoods.!
Discussion ensued regarding the need for the connector road and whether or not stop signs at some of the intersections of Waterford Drive would assist in alleviating the safety hazard.!
Bill Baker, Public Works Director, and Keith Crawford, Traffic Engineer, stated even if stops are installed at the intersections, the connector road is needed.!
The City Attorney presented Ordinance 4673 88 for first reading and read it in full. Commissioner Nunamaker moved to pass Ordinance 4673 88 on first reading. The `motion` was duly
seconded.!
Concerns were expressed regarding raising the property tax .100 of a mil. It was stated there is a projected surplus at the end of the year over and above our stated 10% reserve. It
was stated the 5.1000 is needed until the question regarding the franchise fees is resolved. It was also stated the 5.1000 could be approved and, if the franchise fees are able to be
raised, the excess revenue could be set aside for a reduction in next year's taxes.!
Upon roll call the vote was:!
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
b) Ordinance 4674 88`, Adopting an Operating Budget for the Fiscal Year beginning October 1, 1988, and ending September 30, 1989, authorizing the City Manager to issue such instructions
that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer moneys and programs among the departments and activities within
any fund as provided by Chapter 41 of the Clearwater Code of Ordinances.
The City Attorney presented Ordinance 4674 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4674 88 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
c) Ordinance 4675 88`, Adopting the Capital Improvement Program Budget for Fiscal Year beginning October 1, 1988, and ending September 30, 1989, Approving the six year capital improvement
program which shall be re evaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital
improvements so authorized; authorizing the City Manager to transfer money between projects in the capital improvement program; appropriating available and anticipated resources for
the projects identified.!
The City Attorney presented Ordinance 4675 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4675 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
Betty Deptula and the Budget Office staff were thanked and complimented for the work put into developing the 88/89 budget.
Public Hearings Second Reading Ordinances
Item #18 (`Cont. from 8/18/88`) Ordinance 4614 88 Annexation of property located E of the terminus of Soule Rd. & N of Union St.; Lots 1 64,, Elysium Phase I (Cornerstone Communities)
A 88 2 (`Continued to 6/1/89`)
`and`
Item #19 (`Cont. from 8/18/88`) Ordinance 4615 88 Zoning Atlas amendment as Single Family Residential (RS 6) for property annexed in Ord. 4614 88 (Cornerstone Communities) A 88 2
(`Continued to 6/1/89`)
Commissioner Winner moved to continue these items to the meeting of June 1, 1989, with the understanding that if they can be considered earlier they will be brought forward. `Motion`
was duly seconded and `carried` unanimously.!
Item #20 Ordinance 4625 88 Annexation of property located at the NE corner of the intersection of S. Belcher Rd. & Wistful Vista Dr. ; Lots 15 19, inclusive, Dunromin Sub. (Wilson)
A 88 17 !
The City Attorney presented Ordinance 4625 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4625 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 Ordinance 4626 88 Zoning Atlas amendment as Limited Office (OL) for property annexed in Ord. 4625 88 (Wilson) A 88 17 !
The City Attorney presented Ordinance 4626 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4626 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 Ordinance 4633 88 Land Use Plan amendment from Commercial/Tourist Facilities to Residential/Office for property lcoated on E side of Belcher Rd. approx. 650 ft. S of Drew
St.; Lot 2, Coral Cove Sub. (Southland Corp) Z 88 12, LUP 88 8 !
The City Attorney presented Ordinance 4633 88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4633 88 on second and final reading.
Motion was
duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Nunamaker and Garvey. !
"Nays": Winner. `Motion carried`.!
Item #23 Ordinance 4634 88 Zoning Atlas amendment from General Commercial (CG) to Limited Office (OL) for property located on E side of Belcher Rd. approx. 650 ft. S of Drew St.;
Lot 2, Coral Cove Sub. (Southland Corp) Z 88 12, LUP 88 8
The City Attorney presented Ordinance 4634 88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4634 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Nunamaker and Garvey. !
"Nays": Winner. `Motion carried`.!
Item #24 Ordinance 4663 88 Vacation Request of the N'rly 15 ft. of an existng sanitary sewer easement located directly under apartment house structure known as Patrician II Apts.;
M&B 44.03 & 44.04, Sec. 24 29 15 (Growers Properties #86, Ltd.) V 88 7 !
The City Attorney presented Ordinance 4663 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4663 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 #25 Ordinance 4664 88 Relating to the Clearwater Pass Bridge; Amending Section 122.01, Code of Ordinances, to increase the rates in the toll schedule. !
Commissioner Regulski moved to amend Ordinance 4664 88 on page 1, in the last line delete the proposed toll of "0.20" for PSTA buses and reinsert the present toll of "0.10" as proposed
by the City Attorney. `Motion` was duly seconded and `carried` unanimously.!
The City Attorney presented Ordinance 4664 88 for second reading, as amended, and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4664 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 #26 Ordinance 4670 88 Authorizing the execution of an Interlocal Agreement between the Gadsen County Industrial Development Authority and the City of Clearwater regarding
regarding a loan in an amount not to exceed $5,000,000 from the Gadsden County Industrial Development Authority Nursing Home Acquisition and Improvement Program to RHA/Florida Properties,
Inc. and RHA/ Florida Operations, Inc. (`PUD`)
Commissioner Winner moved to amend Ordinance 4670 88 on page 3, Section 6 to read as follows: No Personal Liability. No covenant, stipulation, obligation or agreement herein contained
or contained in the Interlocal Agreement shall be deemed to be a covenant, stipulation, obligation or agreement imposing any pecuniary liability upon the City or upon @of@ any member,
agent or employee of the City of its governing body in his or her individual capacity, and neither the members of the City Commission nor any official executing the Interlocal Agreement
shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution thereof. `Motion` was duly seconded and `carried` unanimously.!
Commissioner Winner moved to amend Ordinance 4670 88 by striking the word "Personal" from the title of Section 6. `Motion` was duly seconded and `carried` unanimously.!
The City Attorney presented Ordinance 4670 88 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4670 88, as amended,
on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
`CITY MANAGER REPORTS`
IX Consent Agenda Approved as submitted.
Bids & Contracts Approved.
Item #27 Microfiche Services award contract to N.C.R. Corp., Clearwater, estimated $10,570 for period 10/1/88 9/30/89; for the conversion of mainframe computer tape to microfiche
for storage and retrieval (`CS`) !
Item #28 Overhead Doors, Pedestrian Doors & Installation of Insulation at Vehicle Maintenance Facility, 1900 Grand Ave. award contract to 7M Construction Co., Oldsmar, $68,899;
for conversion from a manufacturing facility to a Fleet Maintenance Facility requiring installation of electrically operated overhead coiling doors, replacement and installation of pedestrian
doors, and installation of insulation at the Vehicle Maintenance Facility (`CS`)
Item #29 Purchase of 800 mHz Radio System Equipment award contract to General Electric Co., $2,825,840.52 (`CS`) !
Item #30 Upgrade Library Department CLSI Automated Circulation System award contract to purchase hardware from CLSI, West Newton, Mass., $57,552 (including $1,400 for shipping and
installation); to provide for on line access to the card catalog; to be lease purchased under agreement with Citicorp North America, Inc. (`LIB`)!
Item #31 Library Computer Maintenance Services Agreement award contract to CLSI, Inc., Newtonville, MA, $45,722.40 for period 10/1/88 9/30/89 (`LIB`)
Item #32 74 Metal Halide Light Fixtures for Norton Ballfield Renovation award contract to Hughes Supply Inc. of Clearwater, $10,637.50 (`PR`)
Item #33 Drainage Improvements, Alley N of Poinsettia Ave. between Royal Way & Somerset St. (87 2) award contract to Overstreet Paving Co., Largo, $12,175.02; providing for the regrading
of an alley on Clearwater Beach to reduce localized flooding in commercial facilities adjacent to the alley (`PW`)!
Item #34 Clearwater Sailing Center (88 23) award contract to R.E. Purcell Construction Co., Inc., $84,977.35 (`PW`) !
Item #35 (902) 90 Gallon Refuse Containers (Black Barrels) approve emergency purchase from Reuter, Inc., $64,862; exceeded initial estimate of barrels required due to increased failure
of the 7 & 8 year old Maxon barrels, new annexations, and the conversion of the N. Garden Ave. section and the Harbor Oaks section of Clearwater to automation (`UT`) !
Citizen & Staff Requests Approved.
Item #36 Jazz Holiday 1988 approve request for waiver of permits & fees; approve request that concessionaires & vendors be restricted to those authorized by the Jazz Holiday committee;
estimated costs to be waived, $8,080 (`CM`) !
Plans & Plats Approved.
Item #37 Preliminary Site Plan for Ken Marks Ford (Addition) located on the E side of US 19 approx. 100 ft. S of McCormick Dr.; Ken Marks Ford Sub., a portion of M&B 22.03, Sec. 32 28 16
& 5 29 16 (Marks & Gilliss, Inc.) PSP 88 40 Authorize review of final site plan with final action by the DRC 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)
a preliminary plat with required supplementary drawings to indicate conformity on proposed parcels for the division of all land previously site planned as Jennifer Office Complex shall
be submitted first for review by the City Commission, then later for review by the DRC in concert with the final site plan (exception to this platting requirement would be any portion
of the property which was involved in a transfer of ownership prior to October 21, 1982); 4) the applicant must obtain conditional use approval for any outdoor sales, displays, storage
and/or vehicular service prior to review of the final site plan/preliminary plat by DRC; 5) the applicant must apply and obtain CH (highway commercial) zoning on the OG (general office)
zoned portion with a land use plan change from residential/office to commercial/tourist facilities prior to certification of the final site plan; 6) parking must be expressed in relation
to the applicable formula on the final site plan for DRC review; 7) complete site calculations must be provided on the final site plan; and 8) a Unity of Title shall be recorded prior
to certification of the site plan if the existing approved Ken Marks Ford site is not included in the proposed subdivision plat. (`PUD`)
`City Attorney`
Agreements, Deeds & Easements Accepted.
Item #38 Agreement for lien for sanitary sewer line and facility to serve Lot 15, Blk. 5, Virginia Grove Terrace 2nd Addn. (Ford)
Item #39 School Resource Officer Agreement between the City and the School Board of Pinellas County. !
Item #40 10 Ft. Water Main Easement and Ingress & Egress Easement for sanitation services the W 70 ft. of the S 200 ft. of Lot 1 & all of Lot 3, Professional Business Complex (Barnett
Bank) !
Item #41 Perpetual Sanitary Sewer Utilities Easement M&B 12.03, Sec. 24 29 15 also known as the Bell Cheer property (Pinellas County) !
Commissioner Nunamaker moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.
!
X Other Items on City Manager Reports
Item #42 Preliminary Subdivision Plat for C&L Properties located at the SE corner of Main Ave. & Drew St.; M&B 11.05, Sec. 13 29 15 (Mark C. Todsen & James L. Wasenda and C&L Properties)
SUB 88 8 (`PUD`) !
The preliminary plat is being reviewed to enable the land to be split into five parcels to be sold separately for the purpose of redevelopment. The City's subdivision regulations require
the land to be subdivided in an orderly manner so that each lot will stand on its own in accordance with zoning district regulations and therefore, that no nonconforming situation will
be created. However, nonconformities to minimum code requirements (including setbacks, front yard open space and possible parking) are being created by the proposed subdivision plat.
These nonconformities would require variance approval. While they would be self created, it would seem reasonable to assume that the Development Code Adjustment Board, responsible for
variance approval, would have difficulty in denying these variances once the lot lines have been established by the City Commission.!
The new owner of proposed Lot plans to redevelop this lot into an outdoor vehicle sales, display and/or storage with service business. If the "one story commercial building" which
is shown over the proposed lot line between Lots 1 and 2 is demolished as currently planned, it appears that no nonconformities would be created by platting proposed Lot 1 with the remainder
of the site being proposed Lot 2. Therefore, if the applicants chose to split the property into two lots in this manner, the Administration would recommend that the preliminary plat
be authorized for further review and then later, if the larger portion of the site is redeveloped, a replat for an additional split of the property might be considered.!
Currently, there are two driveways off Drew St. and one off Main Ave. The proposed plat would potentially permit a total of four driveway cuts off Drew St. and two off Main Ave., unless
restricted otherwise.!
Commissioner Regulski moved to deny review of the plat as submitted based on the proposed subdivision plat not being in harmony with the City's Subdivision and Condominium requirements
and directed staff to notify the applicant of solutions. `Motion` was duly seconded and `carried` unanimously. !
Item #43 Airpark Authority Appointment (1 member) (`CLK`)
Commissioner Berfield moved to appoint Tom Horne. `Motion` was duly seconded and `carried` unanimously. !
Item #44 Marine Advisory Board Appointment (1 member) (`CLK`) !
Commiss
seconded and `carried` unanimously. !
Item #45 (`Cont. from 8/18/88`) Fleet Maintenance Facility and Access Rd., Engineering Design Services agreement with Appenzeller, Boyd & Zarra, Inc. not to exceed $23,165 (`CS/PW`)!
The City Commission approved the ranking of professional engineers for the Fleet Maintenance Facility Site Plan and Access Road project on August 4, 1988.!
The proposed agreement will produce construction plans and specifications for the project including site improvements and connector road to Arcturas Ave.!
The Public Works Director indicated the scope of work was amended to eliminate the access road to the rear of the property.!
Commissioner Berfield moved to approve the agreement with Appenzeller, Boyd and Zarra, Inc. for professional engineering design services not to exceed $23,165.00. `Motion` was duly
seconded and `carried` unanimously. !
Item #46 Third Quarter Budget Review 1987/88, First Reading Ordinances!
a) Ordinance 4671 88`, Amending the Operating Budget for Fiscal Year beginning October 1, 1987 and ending September 30, 1988; to reflect increases and decreases in revenues and epxenditures
sfor the General Fund, Utility Funds, Bridge Fund, Marina Fund, Pier 60 Fund, Central Services Fund, Special Development Fund, and Special Program Fund.
The City Manager presented Ordinance 4671 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4671 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
b) Ordinance 4672 88`, Amending the Capital Improvement Program Report and Budget for Fiscal year ending September 30, 1988; to reflect an increase in budget expenditures of $1,011,425
to expand the scope of projects in the functional categories of Public Safety, Transportation, Leisure, General Public Buildings, and Utilities; and to reflect a decrease of budget expenditires
of $350,851 to reduce the scope of projects in the functional categories of Transportation, Leisure and Utilities; for a Net Increase of $660,574.!
The City Manager presented Ordinance 4672 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4672 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
XI Other Pending Matters None.
`CITY ATTORNEY REPORTS`
XII Resolutions
Item #47 Resolution 88 44, Revising the schedule of fees to be charged for applications for review of site plans, subdivision plats, annexation requests, land use plan and zoning
atlas amendments, conditional uses, variances, appeals to hearing officers, and certain continuances.
Commissioner Regulski moved to pass and adopt Resolution 88 44 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. !
XIII Other City Attorney Items
The City Attorney reported that oral arguments in the Mills case have been scheduled for September 19, 1988.
IV Verbal Reports
The City Manager reported on the Emergency Management Seminar held in Emmitsburg, MD, and attended by City staff and other agency representatives.!
XV Other Commission Action
Item #48 City Attorney Salary Review
The City Attorney's annual evaluation was held August 1, 1988. At that time, the Commission set the date of September 1, 1988, to consider an adjustment to the City Attorney's salary.!
Commissioner Berfield moved to grant a $4,000 increase. `Motion` was duly seconded and upon the vote being taken, Commissioners Winner, Berfield, Regulski and Nunamaker voted "aye".
Mayor Garvey voted "nay". `Motion carried`.
Item #49 Charter Review Committee Appointments and Procedures
Commissioner Berfield moved to approve the list of appointees: Jackie Tobin, JoAnn Farruggia, Mary Lou Dobbs, Trish Muscarella, Roy May, John Tsacrios, Ron Crawford, Carol Nielsen,
Charles LeCher, and Marian Justice. `Motion` was duly seconded and `carried` unanimously.!
XVI Adjournment
The meeting adjourned at 11:10 p.m.