11/03/1988 CITY COMMISSION MEETING
November 3, 1988
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 3, 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:
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.
Proclamations.
Hospice Month - November, 1988.
V - Minutes of the Regular Meeting of October 20, 1988.
Commissioner Regulski moved to approve the minutes of the regular meeting of October 20, 1988, as recorded and submitted in written summation by the City Clerk to each Commissioner.
Motion was duly seconded and carried unanimously.
VI - Presentations.
Ed Mazur, King Engineering - Site Plan for Proposed Nature Park on McMullen Booth Road.
On April 21st, 1988 the City Commission formally accepted an offer from King Engineering Associates, Inc. for donated consulting and design services for the future "Nature Park" to
be developed on McMullen Booth Road.
The staff of King Engineering has worked with City staff and has completed the design and preliminary site plan for the park as well as an estimate of probable construction costs.
Funding for construction is not being requested at this time. However, depending on circumstances, monies will eventually be available from the interlocal agreement with the Sembler
Family Partnership and/or the development commitment from the Chi Chi Rodriguez Youth Foundation.
The Parks and Recreation Department and the Environmental Section of the Public Works Department approve and concur with the design of the Nature Park as proposed by King Engineering.
Mr. Mazur thanked the City Commission and staff for the opportunity to make a contribution to the community.
Rich Dutter and Ken Sussman reviewed the proposal for the park stating it covers 40 acres, 35 of which are owned by the City of Clearwater and the remainder by the City of Safety Harbor.
They are proposing a passive nature park that will protect the various habitats, environments and unique features of the site. The active portion of the park will be confined to a
small area, and the proposal is to use the entrance from the
PGA Family Center to access the parking area for the park. There will be an amphitheater for class purposes and a small picnic area. The main features of the park are two loop systems
for pedestrian travel, one loop covering the perimeter of the park and showing all the various habitats and the second loop having different routes and shorter courses. The entire loop
system will be accessible to the handicapped. It was stated the Safety Harbor portion of the park is essential to provide access to the unique waterfall areas.
In response to a question, it was indicated the estimated cost for the project is $280,000.
Discussion ensued regarding Safety Harbor's participation, and Mr. Mazur indicated he had been asked to make a presentation to the Safety Harbor Commission by John Downs, City Manager
of Safety Harbor.
In response to a question, it was indicated that King Engineering staff put in approximately 200 man hours for this project.
VII - Citizens to be heard re items not on the agenda - None.
VIII - Public Hearings.
Item #9 - (Contd. from 10/20/88) Change in the Conditions (Required by the City Commission) Related to Previously Approved Variance for Docks at the Marina del Rey Townhouse Development
located east of the Harbour Condos on Sand Key; Lot 32, Marina del Rey at Sand Key, Sec. 30-29-15 (Larry Simmons) (PUD)
On December 13, 1979, the Board of adjustment and Appeal on Zoning denied variances to construct residential docks with a zero setback from the lot line and in excess of maximum width
and length for the Marina del Rey townhouse development (73 lots). The applicant appealed the decision to the City Commission, and on January 3, 1980, the City Commission reversed the
decision of the Board and approved a variance to construct docks 36 feet in length and 3 feet in width for each lot, excluding Lots 1 - 9, with pilings on the lot line side not to extend
beyond the floor line of the dock and with zero setback on alternate lot lines. Docks for most of the lots have been constructed as approved by the City Commission.
The owner of Lot 32 requests approval of a 16 foot wide, 20 foot long cradle lift (15 feet M.O.L. from the seawall) to be constructed in addition to the existing 6 foot wide, 35 foot
long dock (with tie poles). There will be less than one (1) foot setback provided from the west extended property line. Current code would permit a maximum size dock of 7.93 feet in
width and 11.34 feet in length positioned 7.48 feet from extended property line for this 22.67 foot wide lot.
The Planning Director indicated staff is recommending denial as no hardship has been exhibited. She related that at the last meeting this item was continued due to it being unclear
whether or not the proposed dock would fit within the lot lines.
Robert Ress, representing the owners, distributed a packet of additional information, including a revised drawing showing approval of the adjacent property owner and that the proposed
dock did fit within the lot lines of Lot 32.
Discussion ensued regarding the boundaries of the lots in this townhouse subdivision extending into the water. Concerns were expressed regarding the extent of coverage of the dock.
It was indicated the owner of Lot 32 had received a variance to the width of the dock in 1981.
Commissioner Nunamaker moved to approve the request based on the revised plans and specifications. The motion was duly seconded and upon the vote being taken, Commissioners Winner,
Regulski, Nunamaker and Mayor Garvey voted "Aye". Commissioner Berfield voted "Nay". Motion carried.
Staff was requested to review these restrictions again and to present alternatives to the Commission on how to deal with future requests for variances. It was the consensus that proposals
would be presented at the work session of November 28, 1988.
Item #10 - Public Hearing and First Reading Ordinance 4712-88 - Vacation of 10 foot utility easement lying along E 5 ft. of Lot 3 and W 5 ft. of Lot 4, Blk. E, Brooklawn Sub. (Guido)
V 88-10 (PW)
The applicant has an apartment building built in the middle of the two lots and across the entire easement. The easement is presently unoccupied, and the City foresees no future need
for the easement.
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections.
Commissioner Berfield moved to approve the request. Motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4712-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4712-88 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #11 - Public Hearing and First Reading, Ordinance 4713-88 - Vacation of S 8 feet of existing 10 foot drainage and utility easement on N side of Lot 35 less W 10 ft., Sun Tree Estates
(Neumann) V 88-11 (PW)
The applicant wishes to build a pool on his property which will encroach upon the above mentioned easement. Vacating the southern most 8 feet on this easement will be sufficient.
The request has been reviewed by various City departments/divisions and there are no objections.
General Telephone Company and Vision Cable of Pinellas County have no objections.
Florida Power Corporation has no objections, provided the owner first pay for the cost of relocating existing service lines currently within said easement.
Commissioner Berfield moved to approve the request. Motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4713-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4713-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #12 - Request for a variance to the alcoholic beverage minimum distance require ment, Lot 1, Columbia Sub. #4 (Clymer) A 88-19 (CLK)
Due to an error by the Clearwater Sun, the hearing of the conditional use application before the Planning and Zoning Board was not advertised on the proper date. Therefore, the Board
will not consider the conditional use until its meeting of 11/15/88.
Commissioner Berfield moved to continue this item to the meeting of November 17, 1988. Motion was duly seconded and carried unanimously.
Item #13 - Request for removal of condition #2 of a previously approved minimum distance variance for alcoholic beverage sales at 301 S. Garden Ave., Lots 3&4, Blk 8, Gould & Ewing 2nd
Addn., zoned UC-C (Urban Core Center) (New Weave Inc./Tragos) AB-7 (CLK)
On December 3, 1987, the City Commission approved a variance to the alcoholic beverage minimum distance requirement on the subject property subject to the following conditions: 1) the
variance would be personal to the applicant or holder of the license and not transferrable or run with the land; and 2) the kitchen would remain open and functional all hours the establishment
is open. The variance request was for on premises consumption of beer, wine & liquor within 480 feet of a church.
With the adoption of Ordinance 4420-87, the separation distance was changed from 500 feet to 300 feet. In addition, the applicant has found it economically impractical to operate with
condition #2 in force.
The Planning Director stated the 500 foot minimum distance requirement was in effect when this application was submitted in December of 1987. If the applicant applied today, they would
not have to come before the City Commission for a variance approval. They are requesting reconsideration of condition #2.
Douglas Buckwalter, representing the applicant, stated they are still serving food but have found it is not economically feasible to have a full menu. In response to a question, Mr.
Buckwalter indicated the establishment is open from 11:00 a.m. to 2:00 a.m. and they do serve food until 2:00 a.m.. However, after a few months of operation, the applicant found they
cannot run a full service restaurant and they now have more of a "munchy menu."
Discussion ensued regarding whether or not the applicant was meeting condition #2, although not serving full meals. Concerns were expressed regarding whether or not this met the intent
of the Commission. The Planning Director requested clarification regarding the condition as the Planning Department is responsible for monitoring compliance.
Commissioner Regulski moved to amend condition #2 to require that food be available for patrons at all times the establishment is open. Motion was duly seconded and carried unanimously.
Item #14 - Public Hearing and First Reading, Ordinances 4654-88, 4655-88 - Land Use Plan Amendment from High Density Residential to Public/Se mi-Public and a Zoning Amendment from RM-20
(High Density Residential) to P/SP for a .19 acre parcel located on the west side of Larboard Way approx. 150 ft. N of Dolphin Point; Part of Lots 23, 24 and 25, Island Estates Unit
5A Sub., Sec. 8-29-15 (Lark Investment, Inc./GTE) LUP 88-15, Z 88-17 (PUD)
On August 4, 1988, the City Commission denied the subject request for rezoning and amendment to the Land Use Plan. The request was made by General Telephone Company for the purpose
of installing a telephone switching station on Island Estates to improve service for the Island Estates neighborhood.
There was public objection to GTE's request. The arguments against the facility locating at the subject site centered around issues of compatibility adjacent to existing residences
and of aesthetics which included the architecture of the building and proposed fencing.
General Telephone made inquiry as to the possibility of having this case reheard by the City Commission. On October 7, 1988, the Commission voted to reconsider the request by GTE to
rezone the subject property to P/SP to allow the construction of the switching station.
If the rezoning and land use plan amendment are approved, it will be necessary to replat the three platted lots affected by the zoning change. That portion not rezoned will remain
in the present zoning category of RM-20.
Discussion ensued regarding the Commission's recommendation that the site for the switching station be changed to Lot 24, moving it away from the existing condominiums.
Paul King, of GTE, stated he had discussed this with the company, and moving to lot 24 would make the structure more visible. They also have a buyer for the remainder of the property,
and the buyer intends to build condominiums.
Further discussion ensued regarding the requirement for a retention pond and the City Engineer indicated he felt GTE could obtain a waiver of that requirement.
Mr. King addressed the concerns regarding a switching station which has been constructed on Clearwater Beach stating the dumpster and cars, which are objectionable, will be removed
once the building is completed. He stated should the Commission approve the rezoning for the building on Island Estates, it will not have a fence, trees and shrubs will be planted and
they will try to tie in to the adjacent condominium design. In response to a question, he indicated the minimum size building is 1500 square feet.
Discussion ensued regarding the consequences to Island Estates if the request is denied. Mr. King indicated GTE would continue to serve Island Estates with an underwater cable; however
underwater cables are susceptible to damage and would not allow the Island Estates residents to take advantage of additional services to be available in the future. Those services require
the fibre optic line that would end in the switching station. Commission questioned what would prevent GTE from putting in the fibre optic line without the building, and it was indicated
they had to have this type of building in which to terminate the fibre optic line.
Jim Engler, of GTE, stated the main concern of GTE is the reliability of the submarine cables. He stated they have been damaged by anchors and are susceptible to damage by the water.
If they cannot build a switching station, should the lines fail, GTE would have to replace those lines with the same type of material that is there today. It was also indicated fibre
optic lines have to be within two and one-half miles of customers for certain services.
Questions were raised regarding whether or not GTE had approached the owners of the shopping center. Mr. King indicated they had spoken to those individuals and they were told there
is no space available.
Suggestions were made regarding placing the switching station on top of the shopping center, or expanding the canopy for the drive-in portion of the bank, reinforcing it and placing
the switching station there. GTE representatives indicated they had not pursued this option as the shopping center had told them there was no
space available. Concerns were expressed regarding the security and accessibility of a structure built as a second story at the shopping center or the drive-in canopy.
Two citizens spoke in opposition of the proposal stating it was not compatible in a neighborhood area and should be placed in a commercial zone.
Discussion ensued regarding the need for GTE to study this project further and look for alternatives.
The Planning Director requested direction from the City Commission as the discussion was indicating the Commission preferred this type of facility in commercial zones. She stated should
they wish to allow this it would require a code amendment as the code only allows these facilities in public/semi-public and industrial zones.
Further discussion ensued regarding alternative sites for this project and the need for GTE to come back with alternatives.
Commissioner Nunamaker moved to continue this item until the meeting of November 17, 1988. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski,
Nunamaker and Mayor Garvey voted "Aye". Commissioner Winner voted "Nay". Motion carried.
Public Hearing - Second Reading Ordinances
Item #15 - Ordinances 4665-88, 4666-88, 4667-88 - Petition for Annexation for Parcels 1 and 2; a Land Use Plan Amendment from Low Density Residential to Public/Semi-Public and P/SP Zoning
for Parcel No. 1 and RS-6 Zoning for Parcel No. 2 for a total parcel of 1.39 acres located at the SE corner of the intersection of CR 31 and Bay View Ave. approx. 800 ft. S of Gulf-to-Bay
Blvd.; Lots 2-3, Blk. 7, Town of Bay View and part of Tracts B and C, M.A. Smith's Bayview Sub., Sec. 16-29-16 (House of Prayer, Inc./Cummings) A 88-22, LUP 88-18
The City Attorney presented Ordinance 4665-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4665-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
The City Attorney presented Ordinance 4666-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4666-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
The City Attorney presented Ordinance 4667-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4667-88 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 - Ordinance 4687-88 - Annexation of property located on E side of South Haven Dr., approx. 200 ft. S of Nursery Rd.; Lot 32, South Haven Sub. (Cribb) A 88-28
The City Attorney presented Ordinance 4687-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4687-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #17 - Ordinance 4688-88 - Zoning atlas amendment as Single-Family Residential (RS-6) on property annexed in Ord. 4687-88 (Cribb) A 88-28
The City Attorney presented Ordinance 4688-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4688-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #18 - Ordinance 4691-88 - Annexation of property located on N side of Nursery Rd. approx. 300 ft. E of Rosetree Ct.; portion of Lot 10, Pinellas Groves Sub. (Seacorp Dev. Group,
Inc.) A 88-30
The City Attorney presented Ordinance 4691-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4691-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #19 - Ordinance 4692-88 - Zoning atlas amendment as Multiple-Family Residential (RM-8) on property annexed in Ord. 4691-88 (Seacorp Dev. Group, Inc.) A 88-30
The City Attorney presented Ordinance 4692-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4692-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #20 - Ordinance 4693-88 - Annexation of property located on E side of Landmark Dr. approx. 400 ft. N of Geiger Ct., M&B 22.03, NW 1/4 Sec. 21-28-16 (Geiger) A 88-27
The City Attorney presented Ordinance 4693-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4693-88 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 4694-88 - Zoning atlas amendment as Single-Family Residential (RS-4) on property annexed in Ord. 4693-88 (Geiger) A 88-27
The City Attorney presented Ordinance 4694-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4694-88 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 4695-88 - Zoning Atlas Amendment from Residential Planned Development (RPD-4) and Single Family Residential (RS-2) to Residential Planned Development (RPD-3.7) for
Parcel 1; from Residential Planned Development (RPD-4) to Single Family Residential (RS-2) for Parcel 2; and From Residential Planned Development (RPD-4) and Single Family Residential
(RS-2) to Single Family Residential (RS-4) for Parcel 3; on property located between McMullen-Booth Rd., approx. 600 ft. N of Geiger Ct. E of Landmark Dr.; M&B 22.02, Sec. 21-28-16 (Geiger)
Z 88-19
The City Attorney presented Ordinance 4695-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4695-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #23 - Ordinance 4711-88 - Relating to the Utility System, amending Sections 50.02-50.07 and 50.09, to establish definitions, provide for responsibilities of owners and tenants,
establish procedures for tenant accounts, and increase deposits for tenants.
One citizen spoke regarding the ordinance stating she was not in opposition to the entire ordinance, but wished to have included a requirement that notices be sent by certified mail
and it be required that customers be notified at the time of application for service that the customer is responsible for questioning non-receipt of bills. She also spoke in opposition
to the five times monthly average deposit for tenants. She expressed concerns regarding a letter from Al Gryncewicz stating there were double standards and problems with utilities accounts.
She also reported the Utilities Department has been charging tax to the Clearwater Housing Authority.
One citizen spoke in opposition to the ordinance stating while the ordinance includes deposits on gas and sanitation, House Bill 506 does not. He requested adoption be withheld until
all questions regarding utilities accounts are answered.
Concerns were expressed that while the utilities accounts and collection procedures may need to be investigated, that is not the subject of tonight's public hearing.
Discussion ensued regarding options on how to deal with the impact of H.B. 506, and it was stated there is legislation being drafted for the next session which would reduce the requirement
that a tenants bill be 90 days overdue prior to the City being able to disconnect the services to 30 days.
Concern was also expressed that H.B. 506 addressed municipalities only and did not affect private companies or counties offering services.
Concerns were expressed regarding the impact of this ordinance on low income individuals. It was suggested some consideration be given to reducing the five month deposit to four months.
A suggestion was made the Commission do nothing at this time making it clear that they would have to pass a five month deposit ordinance if nothing is done by the Legislature to relieve
the difficulties caused by H.B. 506. Suggestions were made regarding amendments to the Utilities Department collection procedure wherein should an account become delinquent, the time
frames in which to pay the subsequent bills would be reduced from the current 21 days.
Commissioner Berfield moved to continue second reading of Ordinance 4711-88 to the meeting of November 17, 1988. Motion was duly seconded and carried unanimously.
CITY MANAGER REPORTS
IX - Consent Agenda - Approved as submitted.
Agreements - Approved.
Item #24 - Renewal of Joint Use Agreement with Pinellas County School Board for use of school facilities for specific recreation programs. (PR)
Bids & Contracts - Approved.
Item #25 - Annual Gasoline and Diesel Fuel Requirements (Co-Op) - award contract to Mansfield Oil Co. under terms and conditions of Pinellas County Co-0p Bid - est. $550,000 FY 88-89,
$570,000 FY 89-90; delivered in transport loads at fixed hauling fees (CS)
Item #26 - Refurbishment of 1974 Pierce/Ford Fire Pumper - award contract to Kenworth of Tampa, Inc. - $12,077; including repair of rusted areas, replacement of worn or damaged treadplate,
rebuilding of battery compartments, repairing exterior dents, replacing window and door gaskets, rechroming worn exterior parts, repainting exterior, etc. as necessary to maintain the
structural integrity of the vehicle extending its life approx. 10-15 additional years. (FD)
Citizen & Staff Requests - Approved.
Item #27 - Waiver of Pier 60 Fees for Kahlua Cup Race from 12:00 noon to 2:00 p.m. on Saturday, November 12th to permit spectators to view the start of the 12th annual race. (MR)
Item #28 - Request for School Crossing Guard on Drew St. at Hercules Ave. - salary and equipment costs total $2,957.88 through June 7, 1989, end of school year.
Item #29 - Authorization for Municipal Election March 14, 1989 to the City Clerk to prepare for and conduct said election including hiring and compensating necessary election boards
in a manner commensurate with Pinellas County. (CLK)
Plans & Plats - Approved.
Item #30 - Preliminary Site Plan for St. Petersburg Junior College Parking Area (in Florida Power Corporation Easement) located at the SE corner of the inter-section of Drew St. and
Old Coachman Rd.; a portion of M&B 11.10 Sec. 18-29-16 (Florida Power Corp.) PSP 88-49 (PUD) - authorize review of final site plan 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) prior to certification of final site plan, a copy of the lease agreement with Florida
Power Corp. which specifies this proposed use in the Florida Power Corp. easement must be submitted to the City; 3) any necessary cross access and parking easements between Florida Power
Corp. and the owner of Campus Walk property inclusive of the drive which runs through the proposed S.P.J.C. parking area must be identified and the OR and page numbers must be given
on the final site plan*; 4) the location of the S.P.J.C. Campus should be identified on the final site plan*; 5) zoning of surrounding properties must be given on the final site plan*;
6) the name, address, phone number and representative of the owner of the property must be given on the site plan*; 7) site data calculations must be placed directly on the final site
plan*; 8) the interior landscaped areas must be delineated by cross hatching or shading and the proposed and minimum required percentages of the paved vehicular area must be given (in
addition to the square footage figures) on the final site plan*; 9) the existing easement at the south end of the property between Florida Power Corp. and Post Development must be identified
and the OR and page numbers for this easement must be provided on the final site plan. Provisions shall be made to adjust the easement to provide for the total driveway entering the
228 unit Post Court development to the east*; and 10) the SWFWMD permit application is required for review by the Public Works Dept.* (*conditions 3-10 must be complete prior to D.R.C.
review).
Receipt & Referral - Received and referred to proper departments.
Item #31 - Petition for Annexation, Land Use Plan Amendment from Commercial/ Tourist Facilities to Industrial and IL District Zoning for a .92 acre parcel located at the NE corner of
the intersection of Hercules Ave. and Palmetto St.; M&B 13.15, Sec. 12-29-15 (DEM Partnership) A 88-34, LUP 88-25. (PUD)
Item #32 - Petition for Annexation and RS-6 District Zoning for a .37 acre parcel located on the N side of Lakeview Rd. approx. 125 ft. E of Duncan Ave.; Lot 3, Blk. D, Oak Acres Add.
Sub., Sec. 23-29-15 (Pappas) A 88-35. (PUD)
Item #33 - Petition for Annexation, Land Use Plan Amendment from Low Density Residential to Residential/Office and OL District Zoning for a .17 acre parcel located at the NE corner of
the intersection of Charles Ave. and Daniel St.; Lot 1, Blk. 3, Acker's Sub., Sec. 28-28-16 (Maher/Vogel) A 88-36, LUP 88-26. (PUD)
City Attorney
Item #34 - 10 foot water main easement lying within two contiguous parcels in NW 1/4 of NW 1/4 of Sec. 18-29-16 (First Christian Church of Clearwater, Inc.)
Commissioner Berfield 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 #35 - Preliminary Site Plan for Waterview Centre (previously site planned as Lifetime of Vacations) located between Bayview Blvd. and S. Gulfview Blvd. SW of the intersection of
Bayway Blvd. and Parkway Dr.; Lots 7-13 and 15-20, Blk. B, Bayside Sub. No. 5, Sec. 17-29-15 (Clearwater Beach Resort) PSP 88-50 (PUD)
The site is zoned Beach Commercial with a land use plan designation of Commercial/Tourist Facilities. The site was previously site planned as a 6 structure, 62 unit time sharing development.
A settlement stipulation (No. 81-1705-14) between the Lifetime of Vacations Clearwater, Inc. and the City of Clearwater was recognized by the Pinellas County Circuit Court on March
4, 1981. Development was restricted to the site plan presented for 62 units. New requests on this site may require a change to the settlement stipulation. Parking was originally proposed
under and surrounding the structures. A revised site plan was later approved by the City Commission on September 29, 1981. This revised site plan allowed temporary office space under
the structure at the southeast corner to be replaced with parking when the site was built out. (Only 4 of the 6
time sharing structures have been constructed and the office use continues to exist under the structure at the southeast corner of the site.)
The current site plan proposal is for a mixed use development with the conversion of the existing time sharing units to hotel/motel units. Proposed nonresidential uses will consist
of a Walgreens Store, which will sell alcoholic beverages requiring conditional use approval of the Planning and Zoning Board, and a retail strip store structure.
The site plan has been revised since initial submittal, revisions consisting of a correction to the number and type (motel rather than time-sharing) of existing units, the number of
parking spaces and location of related driveways. However, staff has many concerns with the current site plan, including adequacy of provisions for storm water retention, landscaping,
number and size of handicapped parking spaces and the conversion of time-sharing units to hotel/motel units.
There are three points of existing access, one off Gulfview Boulevard S., one off Parkway Drive and one off Bayway boulevard N. The plan proposes two new access points off Gulfview
Blvd. (with the elimination of the existing drive from this street) and one new drive off Bayway Blvd. N. These additional access points must be approved by the Traffic Engineer and
authorized by the City Commission.
The Planning Director indicated many of the conditions listed on the item were requests for information. She stated variances will be needed for the maximum size of motel units as
they wish to use the current structure, and there were some rooms that exceed the maximum square footage for hotel/motel units. She stated the question regarding the litigation and
whether or not there was a need to modify the stipulation has been answered by the City Attorney and there is no need for modification. There is concern regarding storm water retention
as water quality requirements call for retention before the storm water leaves the site. A Unity of Title will also be required to recognize the development as one site.
John Ehrig, of Mudano and Associates, representing the owner, stated they have been working with staff throughout the process. Applications have been submitted for the required variances,
and the facility has been functioning as a hotel/motel facility. If successful regarding the variances, they will be able to address the storm water question by eliminating some parking.
He stated they are working with Public Works to address the retention questions.
In response to a question, it was indicated they do have title and there are no deeds from the former time-sharing operation.
Commissioner Winner moved to authorize review of final site plan 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 final site plan shall indicate the required shielding of the dumpster with a 12 ft. clear opening*; 3) the applicant must obtain a variance to the hotel/motel unit
size restriction (maximum 500 sq. ft.) for the existing time-sharing units to be converted to hotel/motel units*; 4) in order to convert the four (4) unit structure to a two (2) unit
structure, the two extra kitchens and entrance doors must be removed yielding only one kitchen and entrance per unit*; 5) the site plan must be revised to meet the minimum 6% interior
landscaping requirement of the paved vehicular areas. Calculations with percentage of the paved areas must be given and the areas must be delineated by shading or cross hatching on the
final site plan*; 6) the site plan must be revised to provide a total of five (5) handicapped parking spaces, these spaces to be of 12 ft. in width inclusive of the required ramps*;
7) a drainage plan and calculations must be submitted to the Public Works Dept.* (Note: provision of only porous pavement for water quality treatment will not be accepted by the Environmental
Management Division of the Public Works Dept.) D.E.R. 1/2" storage in grassed permeable areas must be provided); 8) D.E.R. and SWFWMD permit applications must be submitted to the Public
Works Dept.*; 9) all building setbacks and widths of landscaped islands/buffers shall be dimensioned on the final site plan*; 10) the minimum width of the interior islands shall be five
(5) feet; 11) the site plan shall be revised to indicate that no portion of any parking space and no circulation aisle shall be closer than three (3) feet to any property line; 12) Planning
and Zoning Board approval of a conditional use is required for proposed alcoholic beverage sales; 13) driveways to be removed shall include the pavement and curbing in the right-of-way.
These areas shall be replaced with sod/landscaping and curbing along the street; 14) the applicant shall provide the City with a copy of a recorded Unity of Title for all property included
on this site plan prior to certification of the site plan; 15) parking requirements shall be given according to the applicable formula (6 per 1000 for retail and 1 per 40 motel units
= 104 total required)*; 16) the height of the buildings and minimum separation distance required between buildings shall be clearly represented on the site plan*; 17) the conversion
of the time-sharing units to motel units will require a change in state and city licensing prior to certification of the site plan for this mixed use development*; 18) the previous site
plan for Lifetime of Vacations must be voided with the certification of the site plan for Waterview Centre. In addition, the Settlement Stipulation Circuit Court Civil No. 81-1705-14
shall be reviewed by the Legal Department to determine if subsequent action is necessary before the Court in order for the Waterview Centre development to proceed as approved by the
City; (*conditions
2-9 and 15-17 to be completed prior to review of final site plan by the D.R.C.) and that the appropriate officials be authorized to execute same. Motion was duly seconded and carried
unanimously.
Item #36 - First Reading, Ordinance 4697-88, Relating to the Water System of the City - Amending Sec. 52.03(a) to provide for the installation of City-owned water service lines and meters
on privately owned property. (UT)
The purpose of this ordinance is to help the Water Division standardize the location of new water meter installations and/or the relocation of existing meter installations, at or near
the right-of-way line. This would mean that smaller meters, installed underground in meter boxes, may encroach on the customer's property. Large meters, which may be installed above
ground, would also be installed, at least partially over private property. Approval of this ordinance will automatically give the City the right to set meters on private property as
a precondition for providing a customer with water service.
There are both practical and necessary reasons to standardize meter sets at the right-of-way line. The current standard for meters is six (6) feet behind the curb. This results in
the customer having to maintain that portion of service line beyond the meter within City right-of-way, sometimes under sidewalks. Also, meters installed between the curb and right-of-way
line are more subject to being run over or damaged. Meters installed above ground in the right-of-way, especially in conjunction with backflow prevention devices, can also have a detrimental
aesthetic effect within the right-of-way.
On many major road projects, it is absolutely necessary to set meters outside of the right-of-way. These projects are frequently covered between right-of-way lines with pavement or
sidewalks. With utilities competing for available space, there is no choice but to install meters behind the right-of-way line.
The City Attorney presented Ordinance 4697-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4697-88 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #37 - Resolution 88-42, Repealing Resolution 88-38 in its entirety; setting fees for off-premises use of materials from the Public Library System of the City of Clearwater by nonresidents
and Resolution 88-43, Repealing Resolution 88-37 in its entirety; setting fees for the use of Recreation Facilities of the City of Clearwater by nonresidents. (CM)
On August 18, 1988, the City Commission adopted two Resolutions (88-37 and 88-38) which established nonresident user fees for the Library and Parks and Recreation Departments.
These Resolutions used the words "nonresident" and "non-taxpayer" inter-changeably and could lead to confusion.
The replacement Resolutions (88-42 and 88-43) use the word "nonresident" throughout and have the term identified in Section 3. There are no other salient changes.
Commissioner Regulski moved to pass and adopt Resolution 88-42 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.
Commissioner Regulski moved to pass and adopt Resolution 88-43 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 #38 - Resolution 88-54 - Endorsing the Ratification of the Proposed Amendment to the Pinellas County Charter giving certain countywide land use planning powers to the Pinellas County
Board of County Commissioners and urging the voters to approve the Legislation during the November 8, 1988 Regular Election.
Discussion ensued regarding the impact on countywide planning should the County Charter amendment not pass. It was stated the PPC (Pinellas Planning Council) would continue to review
amendments but the result would only be advisory opinions to the municipalities making the request. If the charter amendment passes, it gives authority to the County Commission to make
decisions regarding the land use plan amendments based on recommendations from the PPC. Approval or disapproval of the amendment would not relieve municipalities of the state processes
already required for land use plan amendments. If the measure passes and the County wishes to override the Council's recommendation, it must be by a four-fifths vote.
The City Attorney pointed out that Section 10(b)(c) of the State Legislation states a local government can have a less dense designation than the County's plan, and the less dense designation
will control.
Commissioner Winner moved to pass and adopt Resolution 88-54 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 #39 - Resolution 88-55 - Supporting Sand Key Beach Renourishment, Dan's Island to Sand Key Park, Requesting that the Pinellas County Board of Commissioners include the Gulf Beach
of Sand Key within the City of Clearwater in the present Beach Renourishment Program (PW)
Certain citizens of Sand Key along the gulf-front have requested that the City Commission officially request, by formal resolution, that a project of beach renourishment from Dan's
Island (south corporate limits of Clearwater) to Sand Key Park be included in the present beach improvement projects being pursued through State and Federal programs by Pinellas County.
As the lead agency administering the program, the County has already recognized the Clearwater portion of the Sand Key project as being of public interest and it appears on their lists
of projects under consideration - although designated "unauthorized" due to lack of official Commission request. In our discussions of this project with County officials we are of the
understanding that should this Federal-State-Local financed effort become a reality the local portion will come from resort taxes and will be at no cost to Clearwater. We further understand
that the requirements for public parking facilities might be satisfied by the use of Sand Key County Park parking spaces and the use of the "jolly trolly" to connect the parking lot
to the southern extremities of the project.
Should the City's plan as to how it is to meet its parking and access commitment not come to fruition as the project develops, or if for any reason the City should not wish the project
to go forward, it may withdraw its commitment and the project will become ineligible for this program.
Concerns were expressed while the Commission is supportive of this project, they are concerned regarding the current litigation from the previous beach renourishment project. It was
felt should the Commission support Sand Key being included in the state's projects, the litigants in the lawsuit should drop their claims.
Discussion ensued regarding the impact of this project on the current lawsuit and whether or not the City could be held liable in this instance. The City Attorney stated he did not
feel that was a possibility.
The Public Works Director emphasized that, if at any point during the process the City feels it is not to its advantage to go forward with the project, it may withdraw its support and
the project would become ineligible for funding.
One citizen spoke in opposition to the plan protesting the use of tourist tax money and the jolly trolly to meet requirements for the project. It was explained a portion of the tourist
tax money has been dedicated to the beach renourishment, and if the City of Clearwater does not use the funds for this purpose, it will go to another project.
The Commission requested it be noted for the record, that by supporting this project, they are looking for cooperation from the litigants in the current lawsuit in dropping their claims.
Commissioner Winner moved to pass and adopt Resolution 88-55 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Regulski, Winner, Nunamaker and Garvey.
"Nays": Berfield. Motion carried.
Item #40 - Beautification Committee Appointment (1 member) (CLK)
Commissioner Winner moved to appoint Penethia T. Mack. Motion was duly seconded and carried unanimously.
Item #41 - Clearwater Health Facilities Authority Appointment (1 member) (CLK)
Commissioner Berfield moved to reappoint George Bouse. Motion was duly seconded and carried unanimously.
Item #42 - Community Relations Board Appointment (1 member) (CLK)
Commissioner Regulski moved to continue this appointment as there are no candidates for the Real Estate category. Motion was duly seconded and carried unanimously.
Item #43 - Library Board Appointment (1 member) (CLK)
Commissioner Winner moved to appoint David C. Berry. Motion was duly seconded and carried unanimously.
Item #44 - Marine Advisory Board Appointment (1 member) (CLK)
Commissioner Regulski moved to reappoint James Bullock. Motion was duly seconded and carried unanimously.
Item #45 - Municipal Code Enforcement Board Appointments (3 members) (CLK)
Commissioner Winner moved to reappoint Robert Aude, James Angelis and Tim Amburgy. Motion was duly seconded and carried unanimously.
XI - Other Pending Matters - None.
CITY ATTORNEY REPORTS
XII - First Reading Ordinances
Item #46 - Ordinance 4698-88, Relating to Clearwater Pass Bridge - Amending Sec. 122.02 to provide an exemption from the bridge toll requirements for state military personnel while on
official military business, and certain hand icapped persons as provided by Sec. 338.155, F.S.; deleting reference to bicycles which are exempt from the bridge toll requirement.
The City Attorney presented Ordinance 4698-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4698-88 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 #47 - Resolution 88-52, Requesting Pinellas County Board of County Commissioners to cancel and discharge certain tax liens upon property acquired by the City and the County as tenants
in common for public purposes, and to grant tax exemptions.
Commissioner Winner moved to pass and adopt Resolution 88-52 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 #48 - Resolution 88-53 - Authorizing the City Manager to receive and accept a Bureau of Public Safety Management Grant Award for the development and implementation of "The Clearwater
Automated Data Traffic Accident Program" (CADTAP).
Commissioner Winner moved to pass and adopt Resolution 88-53 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.
Item #49 - Cesta v. Ken Brown and City of Clearwater Settlement Offer.
This is an action for damages in which the Plaintiffs claim that their home and belongings inside their home were severely damaged by a backup of the sanitary sewer system that occurred
on October 4, 1984. Ken Brown Construction was employed by Trinity Baptist Church to construct an auditorium on their property located on Sharkey Road. Since the auditorium was to
be constructed over an existing sanitary sewer line, the City required Ken Brown Construction to install a new sanitary sewer line that would not be beneath the new auditorium.
The new sanitary sewer line was to be placed near a parallel water main. Apparently, the trench dug by Brown to lay the sewer line was not sufficiently stabilized. Its instability
caused the parallel water main to be undermined and eventually break. The water from the water main was allowed to run into the new sanitary sewer line. The rush of water into the
sanitary sewer system caused a backup into the Plaintiff's home.
It is alleged that the City was negligent in marking the location of its water lines and valves which prevented Ken Brown from locating the water lines and from shutting off the flow
of water when the water line broke. The City also allegedly took too long to turn off the water to the water main after Ken Brown called to report the break. The Plaintiff asserts
that the City was negligent in not taking proper steps to learn of breaking of water mains and to insure that water and sewage could not back up into houses serviced by the City's sanitary
sewer system.
Ken Brown claims that the City was responsible for this incident because a Utility Department employee went to the construction site prior to the time the water main broke. The employee
allegedly was asked to shut off the water to the water main or let Ken Brown know where the valves were located so that the water main could be shut off if it broke. The City employee
allegedly did neither of these things.
The Plaintiffs originally claimed damages totalling $32,532.18. The Plaintiffs recently increased their demand for settlement to $73,205.00. Ken Brown and the City made a joint tentative
offer of $20,000 to settle the matter. If the Plaintiffs had agreed to that settlement, we would have recommended that the City contribute $10,000. However, that offer was rejected
and no counter offer was made by the Plaintiffs.
At this time, Commission authorization is requested to make a formal Offer of Settlement, which is specifically authorized by statute, for $12,000.00. Once made, such an offer is binding
(therefore, in need of Commission approval) and can be accepted by the Plaintiffs within 45 days. However, if the offer is rejected and a jury eventually awards 75% or less of $12,000
($9,000), the City would be entitled to recover its attorney's fees and costs from the date the offer is made from the Plaintiffs.
The Claims Committee has met and is in concurrence with this recommendation. Gallagher-Bassett also concurs in the recommendation. It is recommended that this formal Offer of Settlement
be made to protect the City against further attorney's fees that will be incurred in defending this matter. This Offer will also require the Plaintiffs to seriously consider the City's
Offer of Settlement since unreasonably rejecting the offer will carry a high price tag.
Commissioner Nunamaker moved to authorize the City's attorneys to file a formal Offer of Settlement in the amount of $12,000 in the case of Cesta v. Ken Brown and the City. Motion
was duly seconded and carried unanimously.
XV - Verbal Reports.
The City Manager requested a special closed session for discussion of IAFF negotiations be scheduled. Consensus was to set for 2:00 p.m. November 10, 988.
XVI - Other Commission Action.
Commissioner Berfield requested the City Clerk introduce the new Assistant City Clerk, Ken Feldhausen.
He questioned why an invocation was not being given at the beginning of the Commission meetings. It was indicated staff is having difficulty in obtaining ministers.
He requested the status of the Jim Gray suit. The City Attorney reported they are near settlement.
He requested a report regarding why Clearwater had Police substations while other larger municipalities did not.
Commissioner Regulski requested, in light of Campeau (owners of Maas Brothers) having difficulty in selling their bonds, that the City approach the appropriate parties regarding the
City acquiring the Maas Brothers property. Consensus was for the City Manager to proceed.
Mayor Garvey requested those going to the polls November 8th, sign the petition supporting the FLC's efforts regarding state mandates.
XVII - Adjournment
The meeting adjourned at 10:35 p.m.