09/15/1988 CITY COMMISSION MEETING
September 15, 1988
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 15, 1988, at 6:04 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:
Ron H. Rabun City Manager
M.A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was offered by William C. Baker, Public Works Director.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
III - Service Pin Awards - None.
IV - Introductions and Awards.
The City Clerk administered the Oath of Office to one Firefighter/EMT and one Firefighter/Paramedic.
Proclamations:
Industry Appreciation Week - September 19-23, 1988.
Safety Awareness Week - September 19-23, 1988.
Emergency Medical Services Week - September 18-24, 1988.
V - Minutes of the Regular Meeting of September 1, 1988.
Commissioner Berfield moved to approve the minutes of the regular meeting of September 1, 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.
Shirley Carlson requested City funding for the Rainbow of Love Thrift Shop which is now closed due to lack of funds.
Jim Thornton expressed disappointment over the City's lack of concern and action regarding the City of Belleair's disregard of an agreement pertaining to the easement behind the Louis
Ducros house.
Deborah Wieble, Carma Schaffer, and Lisa Bowman requested the City Commission support an ordinance regrading loitering for the purpose of prostitution.
VIII - Public Hearings.
Item #09 - Request for variance to the minimum distance requirement for alcoholic beverage sales; Sec. 6-29-16, M&B 23.03 (Webb's Nursery, Inc./Skaggs Sav-On, Inc.) AB 88-15 (CLK)
This request was received to permit package sales of beer, wine and liquor within 130 and 148 feet of a residential zone at 2215 Sunset Point Rd., zoned CPD (commercial planned development).
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on August 16th subject to procurement of a building permit within the time limitations of
the site plan.
Steve Siebert, attorney representing the applicant, stated the applicant received conditional use approval from the Planning and Zoning Board. Mr. Dussenberry, representing Skagg
Savons, stated the supermarket will be open until 1:00 a.m. but the liquor store will operate only within the allowable hours.
Commissioner Regulski moved to approve the request. Motion was duly seconded and upon the vote being taken, Commissioners Regulski, Winner, Nunamaker and Mayor Garvey voted "aye".
Commissioner Berfield voted "nay". Motion carried.
Item #10 - Request for variance to the minimum distance requirement for alcoholic beverage sales; Sec. 8-29-15, M&B 13.01 (Helga Glaesel/Brassy's Restaurant & Lounge) AB 88-16 (CLK)
This request was received to permit on premises consumption of beer, wine and liquor within 78 feet of a church and within 19.15 feet of a similarly licensed alcoholic beverage establishment
at 138, 144 & 146 Island Way, zoned CC (commercial center).
A conditional use for alcoholic beverage sales was approved by the Planning and Zoning Board on September 13th subject to: 1) application for new alcoholic beverage license procured
within six months; 2) Commission approval of a variance to the separation distance requirement; and 3) the kitchen remain open to within one hour of closing.
John Bosmoski, representing the applicant, stated they are trying to connect the two properties by a connecting hallway so the entire establishment may be put under one 4-COP license.
Previously, it has operated as three separate businesses. The connecting hallway will be for employees only. They have no problem with the condition imposed by the Planning and Zoning
Board that the kitchen remain open to within one hour of closing.
Commissioner Winner moved to approve the request. Motion was duly seconded and upon the vote being taken, Commissioners Regulski, Winner, Nunamaker and Mayor Garvey voted "aye". Commissioner
Berfield voted "nay". Motion carried.
Public Hearings - First Reading Ordinances
Item #11 - Public Hearing & First Reading, Ordinances 4668-88 & 4669-88 - Petition for annexation and RS-8 zoning for a .24 acre parcel located on the S side of SR 590 appx. 300' E of
Spring Lake Dr.; Lot 1 & 1A, Spring Lake Estates. (Pasqualotto) A 88-23 (PH)
The property is proposed to be developed with a single family residence. The recreation facility fee has been paid. City sewer is available to the property.
Commissioner Regulski moved to approve the annexation and RS-8 zoning on the subject property. Motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4668-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4668-88 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 4669-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4669-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #12 - Public Hearing & First Reading, Ordinances 4665-88, 4666-88 & 4667-88 - Petition for annexation for Parcels 1 & 2; Land Use Plan Amendment from Low Density Residential to
Public/Semi-Public and P/SP Zoning for Parcel #1 and RS-6 Zoning for Parcel #2 for a total parcel of 1.39 acres located at the SE corner of the intersection of CR 31 and Bay View Avenue
appx. 800' S of Gulf to Bay Blvd.; Lot 2 & 3, Blk 7, Town of Bay View and Part of Tracts B & C, M. A. Smith's Bayview Sub. (House of Prayer, Inc./Cummings) A 88-22, LUP 88-18 (PUD)
The Planning and Zoning Board on August 30th continued review of this item to its meeting of October 4, 1988 by request of the applicant.
Commissioner Berfield moved to continue this item to the meeting of October 20, 1988. Motion was duly seconded and carried unanimously.
Item #13 - Public Hearing & 1st Reading, Ordinance 4648-88 - Amendment to the Land Development Code creating Section 136.027, Unlawful Subdivision of Property (LDCA 88-7) (PUD)
Concern has been expressed that as a result of the sale of property, the seller may in fact create a nonconformity on the unsold portion relating to parking requirements, dimensional
or numerical development requirements or other regulations within the Code. Unless the proposed sale has been reviewed by the City in the context of approving a required subdivision
plat or approving an amendment to a Unity of Title, the City should not issue any new permits for development on either the property which has been sold or the unsold property when such
a nonconformity has been created.
This ordinance provides that no property owner would be entitled as a matter of right to such permit where an unlawful subdivision has occurred without first having obtained approval
by the City of a plan to mitigate the nonconformity or approval of necessary variances.
The Planning and Zoning and Development Code Adjustment Boards recommended approval of the amendment.
The Planning Director stated one purpose of the amendment is to put buyers and sellers on notice that they are not entitled to receive development permits when a portion of the required
parking is sold off. Ms. Harvey stated the amendment was prompted by Maas Bros.' discussion of selling their parking lot.
Commissioner Regulski moved to approve the request. Motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4648-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4648-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
PUBLIC HEARINGS - SECOND READING ORDINANCES
Item #14 - Second Reading, Ordinance No. 4671-88, Amending the Operating Budget for the Fiscal Year ending September 30, 1988; to reflect increases and decreases in revenues and expenditures
for the general fund, utility funds, bridge fund, marina fund, Pier 60 fund, Central Services fund, special development fund, and special program fund.
The City Attorney presented Ordinance 4671-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4671-88 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 No. 4672-88, Amending the Capital Improvement Program Report and Budget for the 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 expenditures 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 Attorney presented Ordinance 4672-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4672-88 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 #16 - 1988/89 Budget - Public Hearing & Second Readings:
The City Manager reviewed the budget process stating it is roughly a $100 million budget, to include water and sewer upgrades, 15 additional police officers for street patrol, and youth
and recreational opportunities. He pointed out they have been able to cut staff in some areas; however, the goal is to have more user friendly departments. Last year's millage rate
of 5.0 is proposed to be increased to 5.1.
a) Ordinance No. 4673-88 - Declaring Millage Rate of 5.1000 mils to be levied for Fiscal Year beginning October 1, 1988 and ending September 30, 1989, for operation purposes including
pensions and debt service, road and drainage capital improvement, and a reserve for self insurance.
The City Attorney presented Ordinance 4673-88 for second reading and read it in full.
Commissioner Regulski moved to amend Ordinance 4673-88 to reduce the proposed millage rate to 5.0. The motion was duly seconded. Commissioner Regulski stated he is recommending
the 5.0 millage because there is a super surplus over the City's policy of 10% reserve in the budget. He stated if the utility franchise fees are increased, there will be further surplus
in the budget; without the franchise fee increase, the City would still have a super surplus of $51,000. He does not believe any City budget should have that amount of surplus.
Discussion ensued regarding using the surplus to address some of the City's drainage problems. Commissioner Regulski stated he would have no objection to the .1 mil being used for
drainage improvement.
Commissioner Regulski withdrew his motion and the seconder withdrew the second.
Commissioner Regulski moved to pass and adopt Ordinance 4673-88 on second and final reading. Motion was duly seconded. Upon roll call, the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Commissioner Regulski then moved to commit the value of .1 mil of revenue for 1988/89, based on the current year's reserve fund, to the Stevenson's Creek drainage project as a primary
consideration or to other emergency projects as they arise. Motion was duly seconded and carried unanimously.
b) Ordinance No. 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 monies 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 second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4674-88 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.
c) Ordinance No. 4675-88 - Adopt ing a Capi tal Im prove ment Progr am Budget for the fiscal year beginning October 1, 1988 and ending September 30, 1989; approving the six-year capital
improvement program which shall be reevaluated 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.
Three citizens spoke in opposition to the proposed connector road between Landmark Drive and McMullen Booth Road, emphasizing that the connector road would funnel traffic off a major
thoroughfare and become a shortcut from McMullen Booth Road.
Three citizens spoke in support of the Landmark/McMullen Booth connector road stating that traffic has increased drastically in the Ashland Heights/Oak Creek subdivisions and they are
being used as shortcuts from McMullen Booth Road to Landmark Drive. The stop signs which the City has placed in Ashland Heights have helped to a degree, but have not solved the problem.
The Traffic Engineer stated the stop signs placed in the Ashland Heights Subdivision were to be used only as an interim solution until the connector road was built.
The Public Works Director stated there are many reasons why the connector road should be built. In the absence of the Landmark/McMullen Booth road connector, people will continue to
use subdivisions to cut through. Without this road, there will be too great a distance between connecting roads. Mr. Baker
stated he feels it is unfair to Ashland Heights and Oak Creek to delete the proposed road.
Discussion ensued regarding the advantages and disadvantages of the connector road. It was expressed that traffic in the area is going to increase, and that speed enforcement is essential
to control of the situation.
Commissioner Regulski moved to amend Ordinance 4675-88 to delete the Landmark/McMullen Booth connector road from the Capital Improvement Budget and apply the funds to the Drew Street
Improvement Project. The motion was duly seconded.
It was pointed out that the $300,000 allocated for the connector road can be used only for new road construction, not for road repairs, as it comes out of the Transportation Impact
Fund. It was also pointed out that removing the connector road from the budget would not be an amendment to the Ordinance; it would simply be changing the name of the project in the
Capital Improvment Project book.
Commissioner Regulski then changed his motion to adjust the Capital Improvement Budget to delete the Landmark/McMullenBooth connector road and to transfer the $300,000 funds to the
Drew Street Improvement Project to extend Drew Street improvements from US 19 to N.E. Coachman Road. The motion was duly seconded and upon the vote being taken: Commissioners Nunamaker,
Winner, Regulski, and Berfield voted "aye". Mayor Garvey voted "nay". Motion carried.
The City Attorney presented Ordinance 4675-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4675-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
CITY MANAGER REPORTS
IX - Consent Agenda - Approved as submitted.
Agreements - Approved.
Item #17 - Approve License Agreement with Clearwater for Youth to operate the Concession Building at Carpenter Field during its winter instructional league season (PR).
Item #18 - Approve Joint Clearwater/Pi nellas County utilities relocation agreement for McMullen-Booth Rd. widening from Gulf to Bay Blvd. to Sunset Point Rd., $644,442.48 (PW).
Item #19 - Approve the Debt Service Reimbursement Agreement with Pact, Inc. regarding entry road and parking lot at the Richard B. Baumgardner Center (PUD).
Bids & Contracts - Approved.
Item #20 - City Wide Computer Maintenance - Award contract to Radio Shack Division, Tandy Corporation, Ft. Worth, TX, 10/01/88-09/30/89, est. $11,183.16 (CS).
Item #21 - City Wide Computer Maintenance - Award contract for terminal maintenance to Data Access Systems, Inc., Blackwood, NJ, 10/01/88-09/30/89, est. $9,540.00 (CS).
Item #22 - Painting and Waterproofing of Fleet Maintenance Building, 1900 Grand Avenue - Award contract to K & N Painting Contractors, Tarpon Springs, $19,383; to include a five year
guarantee on materials and labor (CS).
Item #23 - Annual City-Wide Copy Machine Paper Contract - Award contract to purchase approx. 796 cartons of various colors, Xerox Corporation, Tallahassee, est. $22,100 (CS).
Item #24 - Contractor Operated Vehicle Parts Store - Extend contract with Court Square Auto Parts, Clearwater, est. $624,000 for period 10/1/88 - 9/30/89 (CS)
Item #25 - City Wide Burglar/Fire Alarm System Maintenance & Service Contract - Extend contract with Maire Co., Clearwater, est. $14,370, 10/1/88 - 9/30/89 (CS).
Item #26 - Dance Band Services - Award contract to Billy Paul Band, 10/01/88 to 9/30/89, $18,200 (PR).
Item #27 - Amend the Computer Long Range Plan; Award contract to purchase six (6) computers & one (1) printer - to Unisys Corp., Tampa, $12,375, for Police Department (PD).
Item #28 - (200) Streamlight Flashlights, Model SL20X - Award contract to Lawmen's & Shooter Supply, Inc., Vero Beach, FL, $68.88 each for a total cost of $13,776 (PD).
Item #29 - Arrest Drunk Driving Specialty Items - Award contract to Helinger Advertising, St. Petersburg, $10,240; Michael Sutton, Tarpon Springs, $6,737.50; J. B. Edwards, Safety Harbor,
$3,300.50; for a total cost of $20,278 for purchase of 10,000 license plates, 5,000 cruiser decals, 50,000 bumper stickers, 25,000 key fobs, 25,000 litter bags, and 50,000 window decals
(PD).
Item #30 - Outside laboratory analysis for water pollution control - Award contract to Envirolab of Tampa, est. $15,000; for raw sewage and sludge copper monitoring at $12 and $31.50
per test respectively and for sludge analysis at $129 per test for FY 88/89 (PW).
Item #31 - Extend contract for Sludge Hauling for Water Pollution Control Division - with Davis Water & Waste Industries, Inc., Tallevast, FL, 10/1/88 - 9/30/89, Est. $213,180 (PW).
Item #32 - Ross Norton Park Paving (88-9) - Award contract to Overstreet Paving Company, $18,153.00 and approve the transfer of $5,153 from CIP (3298) Tennis Court/Parking Lot Resurfacing
to CIP Code 3224 (Norton Park Renovation (PW).
Item #33 - Extend contract for Purchase of Bulk & Bag Cement - National Portland Cement Co., Palmetto, 10/1/88 - 9/30/89, Est. $30,000, for Public Service construction, maintenance
and repair programs (PW).
Item #34 - Extend contract for Wang Computer System Maintenance - Wang Laboratories, Inc., Lawrence, MA, for $977/month for period 10/1/88 - 9/30/89, total cost $11,724 (PW).
Item #35 - Construction of New Office Building; Refurbish & Add to an Existing Building (88-29) - Award contract to Consolidated Building Concepts, Inc., Largo, $288,211; for the first
of three phases of the new Public Service Complex to be located at 1650 N. Arcturas Ave. (PW).
Item #36 - Construction Site Restoration - Award contract to Batsford Construction Co, Clearwater, $319,754, for replacement of sidewalks, driveways, asphalt pavement, sod, etc., at
various locations throughout the City, behind Water Division construction crews that are replacing water mains through bond-funded projects (UT).
Item #37 - Day Care Funding Contracts - Approve Donor Contracts with Latchkey Services and Project Playpen to provide local matching funds of $23,645 for day care services to children
residing in assisted housing (PUD).
Change Orders - Approved.
Item #38 - Clearwater Countryside Library Construction Contract - Approve C.O. #2 decreasing contract with Lincoln Construction Inc. by $9,591 for a new total of $946,481 (LIB).
Citizen & Staff Requests - Approved.
Item #39 - Approval of Town Meeting dates and locations: Memorial Civic Center,10/24/88; Martin Luther King Center, 11/28/88; Morningside Recreation Center, 3/27/89; Countryside Library,
4/24/89 - all meetings at 7:30 p.m. (CM)
Item #40 - Evaluation of Downtown Development District Exemption - Continue to exempt properties within the district from provisions of Ordinances 3128-83 and 3129-83 relative to "Open
Space", "Recreation Land" and "Recreation Facility" assessment fees and continue to review every two years (PR).
Leases - Approved.
Item #41 - Lease Renewal, Coast Guard Cutter Point Swift. - Authorize renewal (lease #DTCG628-82-L-00009) for 10/1/88-9/30/89 for $300.00/month providing dock space at the Clearwater
Municipal Marina (MR).
Plans & Plats - Approved.
Item #42 - Preliminary Subdivision Plat for the Geiger Tract located on the E side of Landmark Dr. appx. 150 ft. S of Waterford Dr.; M&B's 22.02 & 22.03, Sec. 21-28-16 (Richard A. Geiger)
SUB 88-9 (related files: PSP 83-29, A 88-27,
Z 88-19) - Authorize review with final action by the DRC subject to: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the annexation and rezoning
must be finalized prior to recordation of the plat; anbd 3) the house located over the proposed lot line between Lots 3 & 4 must be removed prior to recordation of the plat (PUD).
Item #43 - Preliminary Subdivision Plat for Ken Marks Ford, First Addition (related to Site Plan File PSP 88-40) located on the E side of US 19 appx. 700 ft. S of McCormick Dr.; N portion
of M&B 22.03, Sec. 5-29-16 (Marks & Gillis Inc.) SUB 88-10 - Authorize review with final action by the DRC subject to: 1) unless determined otherwise by the Utilities Dept., the existing
water main easement should be vacated and a blanket water main easement should be provided on the plat (the easement should be dedicated over the existing water main.); 2) copies of
DER and SWFWMD permit applications must be submitted to Public Works prior to review of the preliminary plat by DRC; and 3) drainage calculations must be submitted prior to D.R.C. review
of the preliminary plat (PUD).
Item #44 - Preliminary Site Plan for UPARC Housing Apartments, Inc. located NE of the T-intersection of N Highland Ave. & Overlea St.; M&B 21.11, Sec. 11-29-15 (UPARC Foundation) PSP
88-41 - Authorize review of final site plan with final action by the DRC subject to: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) dimensions
between parking lot and property lines must be provided on the final site plan*; 3) the developer must obtain approval of variances to required setbacks, minimum separation distance
between structures for "building #1" (unless there is to be no separation in this structure and indicated as such on the site plan), parking and minimum habitable floor area prior to
submittal on the final site plan*; 4) the site plan shall be revised to reflect the net density based on upland area(s) of the site*; 5) an application to rezone the wetland area and
any required related easements must be submitted prior to certification of the final site plan; 6) as field inspection by Environmental Management have revealed that the tree survey
is inaccurate, an accurate tree survey must be provided on the final site plan* (a minor shift of the buildings may be required where feasible); and 7) copies of SWFWMD and DER permit
applications must be submitted to Public Works* (*Conditions 2, 3, 4, 6 & 7 to be completed prior to DRC review) NOTE: Conditions 4, 5 & 6 must be coordinated with Environmental Management
Division. (PUD)
Item #45 - Revalidation of the Final Master CPD Site Plan for Beckett Lake Plaza, located at the NE corner of the intersection of Belcher Rd & Sunset Point Rd.; M&B 23.03, Sec. 6-29-16
(Webb's Nursery, Inc.) PSP 86-5 - Approve revalidation subject to the conditions on the site plan certified on June 22, 1980 with an amended #4 to read as follows: the requisite initial
building permit must be procured by March 10, 1989 and all certificates of occupancy must be obtained prior to March 10, 1992; and add condition #5) revalidation has no effect on any
impact fee requirements now in force or subsequently enacted. (PUD)
Receipt & Referral - Received and referred to proper departments.
Item #46 - Petition for Annexation and RS-6 Zoning for a .24 acre parcel located on the E side of S. Haven Dr. Appx. 200' S of Nursery Rd.; Lot 32, S. Haven Sub. (Cribb) A 88-28 (PUD).
Item #47 - Petition for Annexation and RS-2 Zoning for a .54 acre parcel located on the N side of Main St. (SR 588) appx. 650' E of Abbey Lake Rd.; Portion of M&B 14.13, NE 1/4 Sec.
5-29-16 (Naedel) A 88-29 (PUD).
Item #48 - Petition for Annexation and RM-8 zoning for a .4 acre parcel located on the N side of Nursery Rd. appx. 300' S of Rosetree Court; Portion of Lot 10, Pinellas Groves, Sec.
10-29-16 (Seacorp Development Group, Inc.) A 88-30 (PUD).
Item #49 - Petition for Annexation and RS-4 Zoning for a 1.14 acre parcel located on the E side of Landmark Dr. appx. 450' N of Geiger Court; M&B 22.03, 21-28-16 (Geiger) A 88-27 (PUD).
Item #50 - Zoning Atlas amendments from RPD-4 and RS-2 to RPD-3.7 and an amendment to the Certified Site Plan for Parcel #1 (4.15 acres), a Zoning Atlas amendment from RPD-4 to RS-2
on Parcel #2 (.51 acres) and a Zoning Atlas amendment from RPD-4 and RS-2 to RS-4 on Parcel #3 (.4 acres) located between McMullen-Booth Rd. and Landmark Dr. appx. 600 feet N of Geiger
Court off Landmark Dr.; M&B 22.02, Sec. 21-28-16 (Geiger) Z 88-19, PSP 83-29 (PUD).
City Attorney
Agreements, Deeds & Easements - Accepted.
Item #51 - Department of Insurance vs. City of Clearwater Gas Division - Joint stipulation for Consent Order.
Item #52 - 10 Ft. Utilities installation & maintenance easement in Lots 4 - 13, Bay Heights, less the S 1/2 of said Lots 4 - 8, together with that portion of a 20 ft. alley lying between
said lots (Telluride Investors, Inc.).
Item #53 - 10 Ft. Water main easement in Lots 4 - 13, Bay Heights, less the
S 1/2 of said Lots 4 - 8, together with that portion of a 20 ft. alley lying between said lots (Telluride Investors, Inc.).
Item #54 - Sanitary sewer service line lien - Lot 32, South Haven Sub. (Cribb)
Item #55 - 20 Ft. Right-of-Way Easement - part of M&B 22.03, Section 21-28-16 (Geiger).
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.
The meeting recessed from 8:10 - 8:24 p.m.
X - Other Items on City Manager Reports
Item #56 - Final Site Plan for Seville Oaks located at the SE corner of US 19 & Seville Blvd. (a private road), S of Clearwater Mall; M&B 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 by the Planning and Zoning Board on May 3, 1988 and June 14, 1988 of a conditional use for outdoor retail sales, displays and/or storage of vehicles
subject to the following conditions: 1) all service be indoors; 2) all parts be stored indoors; 3) that there be continuous fencing and landscaping along the east property line; 4) all
lighting be oriented away from the adjacent residential area; 5) the use permit be obtained in accordance with the time limitations that will be set on a certified site plan; 6) engine
or boat tuning be limited to between the hours of 9AM to 6PM daily; and 7) major engine or transmission repairs or body work not be permitted.
At the May 3, 1988 meeting, one resident in the Seville Condominium development to the east expressed concern that utilization of the two driveways on Seville Blvd. for the proposed
use would violate a recorded agreement between the City of Clearwater, Clearwater Mall and Clearwater Development Corp. which disallowed commercial traffic on this private road.
On August 11, 1988, the Development Review Committee reviewed the final site plan and recommended approval subject to conditions. It was necessary for this site plan to come back to
the City Commission for final approval as the developer is proposing to delete only one of the existing driveways to US 19, and the City Commission had required that two be eliminated.
The Director of Traffic Engineering finds the developer's proposal acceptable to eliminate only the northern most driveway on US 19, leaving two entrances and three exits to US 19 because
they are located along an auxiliary lane which terminates at Seville Blvd., a center median prevents left turns from these exits and due to the proposed use of the property being for
boat display and sales. (Note: the final site plan has been revised for two separate developments.) The Planning Director stated there are four existing access cuts to U.S. 19. Staff
is recommending that only the northernmost access be closed.
Harry Cline, attorney representing the applicant, stated the developer is willing to work with the City engineer regarding condition #8, the relining of the drainage pipe. He stated,
if it is certified by an engineer that the pipe is unsafe, they will replace the gunnite lining. Mr. Cline questioned whether the City would accept a bond whereby the developer could
occupy the property while resolving the difficulties regarding the physical improvements.
The Public Works Director stated the City does accept bonds in lieu of physical improvements.
Mr. Cline requested condition #2 be revised to allow elimination of the access cut by the use of concrete planters. The Planning Director stated the Development Review Committee (DRC)
recommended the pavement be removed and sod and/or landscaping be installed to eliminate the driveway cut from U.S. 19. Lowell Paxson, the developer, stated they were not aware of this
requirement and requested condition #2 be changed to allow the use of concrete planters rather than removal of the pavement.
Mr. Paxson also questioned condition #9 referring to the relocation of sidewalks. The Traffic Engineer stated, if a sidewalk is presently in place, the City does not require relocation
provided the sidewalks are in good condition.
Discussion ensued regarding condition #2, the use of concrete planters versus the removal of pavement and installation of landscaping and sod. The Planning Director stated the City
Commission should decide since there could be no compromise as the Code requires removal and replacement. Staff would need specific City Commission direction to allow the concrete planters.
Commissioner Berfield moved to approve the final site plan for Seville Oaks subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting;
2) the northern most driveway along US 19 must be eliminated and the pavement for this driveway must be removed and replaced with sod or landscaping; the sidewalks and curbing must be
adjusted accordingly; 3) an ingress and egress easement and a 10 ft. utility easement over existing water and gas mains up to and including meters and hydrants must be provided prior
to the issuance of the building permit; 4) in addition to calculations for existing and proposed conditions, minimum and maximum code requirements must be provided on the final site
plan prior to certification; 5) the relocated dumpster in parcel B is subject to Utilities approval prior to certification of the site plan; 6) the dumpsters must be in a visually screened
enclosure prior to the issuance of the certificate of occupancy. Gates must be provided with a minimum 12 ft. clear opening to the front for access by the Sanitation Division and shall
be noted on the final site plan prior to certification; 7) prior to certification, the site plan must show a 40 ft. drainage and utility easement adjacent to US 19 on Parcel B. The
plan must show the O.R. number for the existing 20 ft. drainage easement along Parcel A; 8) a 61" and 84" CMP must be relined with gunite to bring it up to City of Clearwater minimum
storm drainage standards; 9) sidewalks shall be provided as required by Traffic Engineering and Public Works Departments and shown as such on the final site plan prior to certification;
10) the requisite initial permits must be procured within six months from the date of certification of the final site plan and certificates of occupancy must be obtained within three
years of the date of certification of the final site plan 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 #57 - Ordinance No. 4661-88, Vacation of partial Rights-of-Way of various streets and easements within Brooklawn Subdivision and E.A. Marshall's Subdivision (Rogero) V 88-03.
The City Attorney presented Ordinance 4661-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4661-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #58 - Ordinance No. 4685-88 - Relating to Fire Alarms and Security alarms, Repealing Article III of Chapter 93, and Creating Chapter 94; prohibiting negligent maintenance of alarm
system and installation or continued use of a faulty alarm system; providing that alarm users shall be responsible for proper maintenance, adjustment and use of an alarm system; providing
for imposition of fees and charges in the case of false alarms; prohibiting the use of automatic dialing devices and digital alarm communicator alarm systems.
John Maier, of the Maier Company, representing the Alarm Association, stated they still have a few problems with the ordinance. Mr. Maier requested, when a customer makes an effort
to correct the alarm problem, the Ordinance require it be corrected by a licensed alarm company. At the present time, there are some customers who are afraid of being fined and are,
therefore, sending out their maintenance people to check the alarm before calling a licensed company.
The City Attorney stated the Commission could pass the ordinance at first reading and amend it at second reading, if necessary.
It was suggested the Ordinance include a ten to fifteen minute automatic shutoff for burglar alarms, as well as fire alarms, if this would not conflict with NFPA requirements. Commission
consensus was to discuss the suggestion at the next work session.
The City Attorney presented Ordinance 4685-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4685-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #59 - Ordinance No. 4686-88 - Relating to the Supplementary Police Pension and Retirement Trust Fund; amending Sections 26.70, 26.71 & 26.73, Code of Ordinances; amending the definition
of "Police Officers"; providing for fractional shares in the fund; and providing standards for the investment of fund assets.
The City Attorney presented Ordinance 4686-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4686-88 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 #60 - Resolution 88-45, Authorizing the acceptance of an easement from the State of Florida, Department of Transportation, for utilities installation and maintenance in Sec. 22-29-15.
Commissioner Winner moved to pass and adopt Resolution 88-45 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Winner, Regulski, Nunamaker and Garvey.
"Nays": None.
XIV - Other City Attorney Items - None.
XV - Verbal Reports.
The City Manager reported the speed limit enforcement program on Clearwater Pass Bridge will begin in the next two to three weeks.
He reported he had authorized $60,000 of emergency repairs for roads damaged in the previous week's rain. He stated he would be requesting City Commission approval of this expenditure
at the next meeting.
The City Manager reported that letters opposing the proposal to eliminate the tax exemption for municipal bonds have been signed and will be sent to the legislators.
The City Manager reported the underwater inspection of Clearwater Pass Bridge showed no additional damage by the heavy rains the previous week.
XVI- Other Commission Action.
Item #61 - Appointment of Center Foundation Trustees.
Commissioner Regulski moved to appoint Jeff Butler. Motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Lowell Paxson. Motion was duly seconded and carried unanimously.
Item #62 - Parking on Cleveland Street (SR 60)
Nine citizens spoke in support of a letter being sent to the Florida Department of Transportation requesting restoration of curbside parking on Cleveland Street. One proposed plan
was submitted. It was stated the State DOT has led various citizens to believe they are changing their attitude regarding curbside parking on Cleveland St. It was emphasized the downtown
businesses are hurting financially due to the lack of on-street parking. It was requested the City Commission write to the Florida DOT urging a six month or one year trial period be
allowed.
Commissioner Winner moved that a letter be sent to the Florida DOT strongly urging that every effort be made to restore curbside parking on Cleveland Street. Motion was duly seconded
and upon the vote being taken, Commissioners Berfield, Regulski, Winner and Nunamaker voted "aye". Mayor Garvey voted "nay". Motion carried.
Mayor Garvey requested Katherine Griffith be reappointed to the Clearwater Housing Authority.
Commissioner Berfield moved to reappoint Katherine Griffith to the Clearwater Housing Authority. Motion was duly seconded and carried unanimously.
Commissioner Berfield stated he had received a request from Sand Key Homeowners for support of Sand Key being added to the beach renourishment list. Mayor Garvey stated a letter had
already been sent.
Commissioner Winner requested staff consider placing additional signage pertaining to the structural damage on Clearwater Pass Bridge.
Commissioner Nunamaker complimented the City Manager on the preparation of the budget. As a public service, he informed homeowners they should not necessarily increase their homeowners
insurance when their property assessment value increases, as the assessment includes the value of the land as well as the structure.
XVII - Adjournment
The meeting adjourned at 10:14 p.m.