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12/15/1988 CITY COMMISSION MEETING December 15, 1988 The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, December 15, 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. The City Manager introduced Charles Hunsicker, Assistant City Manager for Operations effective January 3, 1989. Police Chief Klein presented a Certificate of Appreciation to the Breakfast Optimist Club of Clearwater for their donation of a trailer for transporting the camping equipment of Boy Scout Troop #446. A Plaque was presented to King Engineering Associates, Inc. in appreciation for their donation of design services for a new nature park. V - Presentations A. Swearing in of Police Officers The Oath of Office was administered to five Police Officers by the City Clerk. VI - Adjourn to meet as Community Redevelopment Agency Meeting - 6:15 p.m. Reconvened as City Commission at 6:51 p.m. VII - Minutes of the Regular Meeting of December l, l988. Commissioner Berfield moved to approve the minutes of the regular meeting of December 1, 1988, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VIII - Citizens to be heard re items not on the Agenda. Mr. Frances Lands requested the City Commission reconsider the rerouting of State Road 60 from Cleveland Street to Court Street as it will further adversely impact businesses on Cleveland. The Commission indicated the State would be holding a Public Hearing, tentatively scheduled for February, to receive citizen input regarding the rerouting. IX - Public Hearings Item #9 - Variance to the Minimum Distance Separation requirement for alcoholic beverage sales at Pattemore's Night Club, Lot 2, Studebaker's Sub. (Blackpool Palace of Florida) AB 88-22 (PUD) The applicant requested a continuance to the January 5, 1989 meeting. Commissioner Berfield moved to continue Item #9 to the meeting of January 5, 1989. The motion was duly seconded and carried unanimously. Item #10 - Public Hearing & First Reading Ordinances 4718-88, 4719-88, 4720-88 - Petition for Annexation, IL (Limited Industrial) Zoning and Land Use Plan Amendment from Commercial/Tourist Facilities to Industrial for property (0.92 acres) at 1001 N Hercules Ave.; M&B 13.15, Sec. 12-29-15 (DEM Partnership) A 88-34 LUP 88-25 (PUD) The property is currently vacant. An office/warehouse use is proposed. The request is made for the purpose of obtaining City sewer service which is available to the site. City water and natural gas are also available. Commissioner Regulski moved to approve the annexation, IL zoning and land use plan amendment to industrial on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4718-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4718-88 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 4719-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4719-88 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 4720-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4720-88 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 & First Reading Ordinances 4721-88 and 4722-88 - Petition for Annexation and RS-6 Zoning for property (0.37 acre) located at 1714 Lakeview Rd., Lot 3, Blk D, Oak Acres Addn. (Pappas, J.A. & B.) A 88-35 (PUD) There is a single family residence on the property. The request is made for the purpose of obtaining city sewer service which is available on the lot. City water and natural gas are also available. The recreation facility fee has been paid. Commissioner Berfield moved to approve the annexation and RS-6 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4721-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4721-88 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 4722-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4722-88 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 4723-88, 4724-88, 4725-88 - Petition for Annexation, Land Use Plan Amendment from Low Density Residential to Residential/Office and OL (Limited Office) District Zoning for property (0.17 acre) located at NE corner of the intersection of Charles Ave. and Daniel St., Lot 1, Blk 3, Acker's Sub. (Maher/Vogel) A 88-36, LUP 88-26 (PUD) The property is presently vacant but is proposed to be developed as a parking lot for the office building being proposed for Lots 1 and 23, Blk. 2, Acker's Sub. located across Daniel Street to the north. The Planning Director indicated she had received a verbal commitment to a Unity of Title for this property and the one across Daniel Street. Commissioner Berfield moved to approve the annexation including the abutting ROW of Daniel Street, OL zoning and a land use plan amendment to Residential/Office on the subject property with the stipulation that a Unity of Title for both properties be provided. The motion was duly seconded. A question was raised regarding whether or not the OL zoning would allow an office structure in the future. The Planning Director responded that it was possible, but she did not see that as an imminent possibility; she does feel the area moving toward office development. Don Francis, representing the owner, stated this particular property is not large enough for a structure. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance 4723-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4723-88 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 4724-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4724-88 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 4725-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4725-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances Item #13 - (Contd. from 12/1/88) Ordinance 4654-88 - Land Use Plan Amendment from High Density Residential to Public/Semi-Public for property located on the W side of Larbord Way, approx. 150 ft. N of the intersection of Larbord Way and Dolphin Point; part of Lots 23, 24 and 25, Island Estates Unit 5A (Lark Investment Inc./GTE Switching Station) Z 88-17, LUP 88-15 This request has been withdrawn by the applicant. Commissioner Nunamaker moved to deny Ordinance 4654-88. The motion was duly seconded and carried unanimously. Item #14 - (Contd. from 12/1/88) Ordinance 4655-88 - Zoning Atlas Amendment from Multi-Family Residential (RM-20) to Public/Semi-Public (P/SP) for property described in Ord. 4654-88. Z 88-17 (Lark Investment, Inc./GTE Switching Station) Z 88-17, LUP 88-15 This request has been withdrawn by the applicant. Commissioner Nunamaker moved to deny Ordinance 4655-88. The motion was duly seconded and carried unanimously. Item #15 - Second Reading Ordinance 4728-88 - Authorizing borrowing $980,000 from Gulf Breeze, Fla., local government loan pool program to finance a capital project of the City, purchasing of Vogel property; authorizing submission of loan application; authorizing execution and delivery of loan agreement; authorizing issuance of $980,000 variable rate note to evidence obligation of the governmental entity to repay loan; authorizing pledge of certain revenues to secure repayment of the loan and note; fixing term and repayment provisions thereof. (FIN) AND Item #16 - Ordinance 4729-88 - Authorizing borrowing of $415,000 from Gulf Breeze, Fla., local government loan pool program to finance a capital project of the City, purchasing of Coopers Point; authorizing submission of loan application; authorizing execution and delivery of loan agreement; authorizing issuance of a $415,000 variable rate note to evidence obligation of the governmental entity to repay loan; authorizing pledge of certain revenues to secure repayment of the loan and note; fixing term and repayment provisions thereof. (FIN) In response to questions raised by the Commission, Frank Adams, of Government Credit Corporation, submitted a letter relating to estimated prepayment premiums for the two proposed loans. He estimated that prepayment on December 1, 1989 would require a 2% premium, with 1% on December 1, 1990, and no premium thereafter. These estimates are based on current information and projections. The City Attorney presented Ordinance 4728-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4728-88 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 4729-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4729-88 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 4621-88 - Land Use Plan Amendment from Medium Density Residential to Low Density Residential for property located on the S side of Airport Dr., approx. 450 ft. W of Gilbert St.; Parcel 1 (4.87 acres) Part M&B 33.01, Sec. 12-29-15; Lots 1-28, Blk C & vacated streets. (SCC Development Corp.) LUP 88-5 The City Attorney presented Ordinance 4621-88 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance 4621-88, in Section 3 after "adoption" add, "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance 4621-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #18 - Ordinance 4622-88 - Zoning Atlas Amendment from Multi-Family Residential (RM-12) to Single Family residential (RS-8) on Parcel l (4.87 acres) and Multi-Family Residential (RM-12) to Aquatic Land/Interior (AL/I) on Parcel 2 (2.40 acres) for a total of 7.27 acres, Part M&B 33.01, Sec. 12-29-15, Lots 1-28, Blk. C and vacated streets (SCC Development Corp.) Z 88-8 The City Attorney presented Ordinance 4622-88 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance 4622-88, in Section 4 after "adoption" add, "subject to the approval of the land use designation as set forth in Ordinance No. 4621-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4622-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #19 - Ordinance 4637-88 - Land Use Plan Amendment from Low Density Residential to Residential Office for property located on the W side of McMullen Booth Rd., approx. 700 ft. N of SR 590; (4.54 acres) Part M&B 33.03, Section 04-29-16. (The Babcock Co.) LUP 88-9 The City Attorney presented Ordinance 4637-88 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance 4637-88, in Section 3 after "adoption" add, "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4637-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #20 - Ordinance 4638-88 - Zoning Atlas Amendment from Low Density Residential (RM-8) to Limited Office (OL) for property described in Ord. 4638-88 (The Babcock Co.) Z 88-13 The City Attorney presented Ordinance 4638-88 for second reading and read it by title only. Commissioner Nunamaker moved to amend Ordinance 4638-88, in Section 4 after "adoption" add, "subject to the approval of the land use designation as set forth in Ordinance No. 4637-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance 4638-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #21 - Ordinance 4639-88 - Annexation of property located approx. 800 ft. S of Enterprise Rd. adjacent on the E to proposed extension of Landmark Dr.; (9.54 acres) M&B 22.011, Sec. 33-28-16 (Vogel) A 88-19, LUP 88-10 The City Attorney presented Ordinance 4639-88 for second reading and read it by title only. Commissioner Nunamaker moved to amend Ordinance 4639-88, in Section 5, first sentence after "adoption" add, "subject to the approval of the land use designation as set forth in Ordinance No. 4640-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to pass and adopt Ordinance 4639-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #22 - Ordinance 4640-88 - Land Use Plan Amendment from Low Density Residential to Residential/Office for property annexed in Ord. 4639-88 (Vogel) LUP 88-10 The City Attorney presented Ordinance 4640-88 for second reading and read it by title only. Seven citizens spoke in opposition to the rezoning stating they felt the rezoning would create a serious impact on the residential area. Concerns were expressed regarding whether or not the surrounding property owners had been properly notified. Steve Siebert, attorney representing the applicant, stated careful studies and impact assessments were prepared and the City staff approved of the design of the building. The development will look like a college campus when complete. Discussion ensued concerning the notification process, newspaper legal ads and the numerous previous meetings that had taken place regarding this application. Commissioner Regulski moved to amend Ordinance 4640-88, in Section 3 after "adoption" add, "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Nunamaker moved to continue second reading of Ordinance 4640-88 to the January 5, 1989 meeting. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Winner, Nunamaker and Regulski voted "aye". Mayor Garvey voted "nay". Motion carried. Staff was directed to provide information regarding notification to owners for the next meeting. Item #23 - Ordinance 4641-88 - Zoning Atlas Amendment as Limited Office (OL) for property annexed in Ord. 4639-88 (Vogel) A 88-19 The City Attorney presented Ordinance 4641-88 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance 4641-88, in Section 4 after "adoption" add, "subject to the approval of the land use designation as set forth in Ordinance No. 4640-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Berfield moved to continue second reading of Ordinance 4641-88 to the meeting of January 5, 1989. Motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Regulski, Winner and Nunamaker voted "aye." Mayor Garvey voted "nay." Motion carried. Commission recessed from 8:06 - 8:24 p.m. Item #24 - Ordinance 4643-88 - Zoning Atlas Amendment from Multiple-Family Residential (RM-12) to Multiple-Family Residential (RM-16) on property located S of the existing Seville Condominium and Seville Blvd.;(6.79 acres) M&B 33.06, Sec. 17-29-16, (Clearwater Seville, Ltd.) Z 88-14, LUP 88-12 Item #25 - Ordinance 4644-88 - Annexation of property located at eastern terminus of Seville Blvd., M&B 34.01, part of M&B 34.02, Sec. 17-29-16, M&B 21.01, Sec. 20-29-16 (Parcel 1-34.48 acres, Parcel 2-26.90 acres, total 61.38 acres) (Clearwater Seville, Ltd.) A 88-20 LUP 88-11 Item #26 - Ordinance 4646-88 - Zoning Atlas Amendment as Multiple-Family Residential (RM-16) for Parcel 1, Aquatic Land/Coastal (AL/C) for Parcel 2 of property annexed in Ord. 4644-88 (Clearwater Seville Ltd.) A 88-20 LUP 88-11 The City Attorney requested Items 24, 25 and 26 be continued for five weeks. Commissioner Winner moved to continue Items 24, 25 and 26 to the meeting of January 19, 1989. The motion was duly seconded and carried unanimously. Item #27 - Ordinance 4656-88 - Annexation of property located on the N side of Main St. approx. 800 ft. E of U.S. Hwy l9; (4.30 acres) M&B 23.06, 23.07, 23.08, 23.09, 23.10, 23.11 and 23.12, Sec. 05-29-16 (Dimmitt) A 88-21 LUP 88-16 The City Attorney presented Ordinance 4656-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4656-88 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 #28 - Ordinance 4657-88 - Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities on property described in Ord. 4656-88 (Dimmitt) A 88-21 LUP 88-16 The City Attorney presented Ordinance 4657-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4657-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Winner, Nunamaker and Garvey. "Nays": Regulski. Motion carried. Item #29 - Ordinance 4658-88 - Zoning Atlas Amendment as General Business (CG) on property annexed in Ord. 4656-88 (Dimmitt) A 88-21 LUP 88-16 The City Attorney presented Ordinance 4658-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4658-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Winner, Nunamaker and Garvey. "Nays": Regulski. Motion carried. Item #30 - Ordinance 4659-88 - Land Use Plan Amendment from Low Density Residential to Recreation/Open Space for Parcel l, Part M&B 44.01 (24.79 acres) and from Low Density Residential to Public/Semi-Public for Parcel 2, Part M&B 11.01 (1.56 acres) Secs. 9, 10, 15 & 16-29-16, for a total of 26.35 acres. (Pinellas County, City of Clearwater and Clearwater Christian College) Z 88-16 LUP 88-14 The City Attorney presented Ordinance 4659-88 for second reading and read it by title only. Commissioner Winner moved to amend Ordinance 4659-88 in Section 3, after "adoption" add, "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4659-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #31 - Ordinance 4660-88 - Zoning Atlas Amendment from Single-Family Residential (RS-4) to Open Space/Recreation (OS/R) for Parcel 1 and from Single-Family Residential (RS-4) to Public/Semi-Public (/SP) for Parcel 2, as described in Ord 4659-88 (Pinellas County, City of Clearwater and Clearwater Christian College) Z 88-16 LUP 88-14 The City Attorney presented Ordinance 4660-88 for second reading and read it by title only. Commissioner Winner moved to amend Ordinance 4660-88, in Section 4, after "adoption" add, "subject to the approval of the land use designation as set forth in Ordinance No. 4659-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4660-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #32 - Ordinance 4689-88 - Annexation of property located on the N side of Main St. (S.R. 588) approx. 650 ft. W of Abbey Lake Rd., Portion of M & B 14.13, Sec. 5-29-16, .54 acres (Naedel) A 88-29 The City Attorney presented Ordinance 4689-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4689-88 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 #33 - Ordinance 4690-88 - Zoning Atlas Amendment as Single-Family Residential (RS-2) on property annexed in Ord. 4689-88 (Naedel) A 88-29 The City Attorney presented Ordinance 4690-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4690-88 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 #34 - Ordinance 4714-88 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist facilities, M&B 22.033, Sec. 05-29-16, 2.05 acres. (Marks & Gilliss, Inc.) LUP 88-24 The City Attorney presented Ordinance 4714-88 for second reading and read it by title only. Commissioner Winner moved to amend Ordinance 4714-88, in Section 3 after "adoption" add, "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Ordinance 4714-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #35 - Ordinance 4715-88 - Zoning Atlas Amendment from General Office (OG) to Highway Commercial (CH) on property described in Ord. 4714-88 (Marks & Gilliss, Inc.) Z 88-22 LUP 88-24 The City Attorney presented Ordinance 4715-88 for second reading and read it by title only. Commissioner Nunamaker moved to amend Ordinance 4715-88, in Section 4, after "adoption" add, "subject to the approval of the land use designation as set forth in Ordinance No. 4714-88 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance 4715-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #36 - Ordinance 4716-88 - Zoning Atlas Amendment from Single Family Residential to Aquatic Lands/Interior; Part M&B 33.04, Sec. 17-28-16, 0.44 acres. (Sempecos) Z 88-23 The City Attorney presented Ordinance 4716-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4716-88 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 #37 - Ordinance 4726-88 - Vacation of 40-ft. R of W easement located along the N side of land located S 28 ft of easement at 2882 Gulf-to-Bay Blvd., located in the SW 1/4 of the NE 1/4 of Sec. 17-29-16, (Glen Ellen Mobile Home Park, Inc.) V 88-13 The City Attorney presented Ordinance 4726-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4726-88 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 #38 - Ordinance 4730-88 - Relating to solicitations to sell real or personal property or services within City; amending Secs. 76.21, 76.23 and 76.25, Code of Ordinances, relating to applications for solicitors permits and the revocation of such permits. The City Attorney presented Ordinance 4730-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4730-88 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 #39 - Ordinance 4738-88 - Authorizing borrowing $38,000,000 from Gulf Breeze, Fla., local government loan pool program to finance certain capital projects; authorizing submission of loan application; authorization of execution and delivery of loan agreement; authorizing issuance of variable rate note to evidence obligation of governmental entity to repay loan; authorizing pledge of certain revenues to secure repayment of loan and note; fixing term and repayment provisions thereof. (The Oaks of Clearwater, Inc.) No action was taken on this item as the first reading was continued from the December 1, 1988 meeting. CITY MANAGER REPORTS X - Consent Agenda (Items 40 - 65) - Approved as submitted. Agreements - Approved. Item #40 - Acquisition of ROW for Improving Greenwood Ave./Court St. Intersection -from Chestwood Partnership, a Florida General Partnership for $40,028 for a 20 ft. by 200.14 ft. strip of land located at the SW corner of the intersection; and exempt the purchase from the appraisal requirement of Section 166.045, F.S. (PW) Bids & Contracts - Approved. Item #41 - Extension of Annual Contract - Hauling of Rock, Sand, and Hauling and Cost of Shell - Norred Trucking, Tampa, for $47,050 for period 10/01/88 - 12/31/89; rock, sand and shell used for maintenance and repair of drainage system and road repair (PW) Item #42 - Subdrain Contract, Phase I (87-28) - award contract to Suncoast Excavating, Inc., Ozona for $138,750 for replacement of old subdrain and construction of new subdrain in various locations in the City; also including replacement of storm drainage system on Tuscola Rd. E. (PW) Item #43 - Engineering/Drafting paper - award contract for purchase to Tampa Reprographic-Shacoh Division, Clearwater, Fla., est. annual cost $9,568.91 (PW) Item #44 - 1,325 Aluminum Sign Blanks - award contract for purchase to Universal Signs, Ft. Pierce, Fla., $7,969.25; for new and replacement traffic signs manufactured by the Traffic Engineering Dept. sign shop (bid based on Pinellas County Cooperative Bid #1659) (TE) Item #45 - Purchase of 196,000 ft. of traffic signal cable - award contract to Graybar Electric Company, Largo, Fla., $65,255.17; cable to be used to complete the connection of intersections to the Computerized Traffic Signal System, cost to be reimbursed by the County (TE) Item #46 - Lot Mowing/Debris Removal - award annual contract to Capital Lawn Service, St. Petersburg, est. $40,000. (UT) Citizen & Staff Requests - Approved. Item #47 - Ratify and confirm City Manager's Phase II reorganization to create a new Department of Administrative Services, General Services, and the consolidation of existing Public Works, Utilities, and Traffic Engineering Departments; Authorize City Manager to realign and expand facilities to accomplish the reorganization consistent with approved budget, and direct staff to prepare appropriate ordinances to effect subject changes. Item #48 - Dunedin Pass Project - Approval of a minimum $8,400 (approx. 14% of total as agreed) City contribution to the Scope of Services proposed by Pinellas County for the sampling program (total sampling costs are $60,000) (CM) Item #49 - Draft 1989 State Legislative Program - Discuss and make modifications to and forward to all members of local legislative delegation; discuss and approve any local bills and appropriation bills which must be filed by the deadline of noon, Thursday, December 29, 1988. Item #50 - Board of Trustees of Clearwater Police Supplementary Pension Plan - Confirm appointment of Sergeant William Sedrick and Investigator John Dean as elected by the plan participants September 29-30, 1988 (PD) Plans & Plats - Approved. Item #51 - Preliminary Site Plan for Redevelopment of Florida Power Corporation Clearwater District Office located on the W side of Booth Ave., N and S of Laura St. (1.69 acres), Lots 1-9, Blk 4 and Lots 1-6, Blk 5, R.J. Booth Sub. and M&B 22.08, Sec. 15-29-15 (Florida Power Corp.) PSP 88-59 (PUD) - 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) lot dimensions and setbacks should be provided on the final site plan*; 3) all existing, proposed and required site data calculations (total of both parcels considered as one site) must be placed on the final site plan*; 4) the interior landscaped area required for the paved vehicular area must be delineated (by shading or cross hatching) on the final site plan*; 5) a Unity of Title for the purpose of tying the two parcels together as one development shall be recorded prior to certification of the site plan (a copy should be presented to the City prior to certification); 6) the exit driveway to Prospect Ave. must be redesigned on the site plan for one vehicle to exit at a time*; 7) the trash container must be relocated away from the exit-only driveway to avoid a conflict between vehicles exiting and the sanitation vehicle entering to pick up trash. The new location, size and shielding of the refuse container on the site plan are subject to approval by the Utilities Department*; and 8) an additional 10 ft. of ROW will be required for Laura St. (5 ft. on north and south sides), an additional 5 ft. of ROW will be required for Prospect Ave. and a 5 ft. drainage and utility and sidewalk easement will be provided as required by Public Works (*conditions 2-4, 6 & 7 to be completed prior to DRC review). Item #52 - Preliminary Site Plan for National Data Products, Inc. located on the S side of Calumet St. W of Belcher Rd. (1.69 acres), portion of Lot 17, Clearwater Industrial Park (National Data Products, Inc.) PSP 88-58 (PUD) - 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) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan* (Note: the refuse container(s) may not be located in the required street yard setback and a 12 foot clear opening must be provided for the enclosure.); 3) DER and SWFWMD permit applications must be submitted to Public Works Department*; 4) actual proposed setbacks should be given in the site calculations*; and 5) rezoning and amendment to the Land Use Plan must be finalized prior to certification of the final site plan (*conditions 2-4 to be completed prior to DRC review). Item #53 - Preliminary Site Plan for Mt. Carmel Baptist Church Parking Lot Improvements, located on the E and W sides of Pennsylvania Ave., N and S of Palm Bluff St. (1.42 acres), Lots 1-3, Blk A, Blk 34 Palm Park Sub. and portions of Lots 33,28, 29 in the unnumbered blocks of the Plat of Palm Park (Addn. to Clearwater) (Mt. Carmel Baptist Church) PSP 88-59 (PUD) - Authorize review of a 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) DER and SWFWMD permit applications must be submitted to Public Works Department (prior to DRC review); 3) if deemed necessary by the City, the grass parking shall be paved in accordance with City standards; and 4) a Unity of Title shall be recorded prior to certification of the site plan. Item #54 - Preliminary Site Plan for Baugesell's Brightwater Condos located on the S side of Brightwater Dr., E of Hamden Dr. (.47 acre), Lots 14-16, Bayside Sub. No. 2 (Baugesell's Brightwater Condos/Neuhaus) PSP 88-60 (PUD) - Authorize review of a final site plan with final action by the DRC subject to: 1) signs and fencing/walls shall be subject to separate review and permitting; 2) building setback dimensions must be provided on the site plan. Also, as the required minimum street yard setback for structures on Clearwater Beach is 15 ft., the site calculations should be corrected to reflect this*; 3) as the site plan does not meet the 36 foot minimum side yard requirement (per side) for this waterfront property, the site plan must be revised accordingly or the applicants must obtain approval of a variance*; 4) the acreage figures must be corrected (note: the max. no. of units based on actual net acreage is 12)*; and 5) the site plan should be reoriented with north direction at top of page* (*conditions 2-5 must be completed prior to DRC review). Receipt & Referral - Received and referred to proper departments. Item #55 - Land Use Plan Amendment from Medium Density Residential to Industrial and Amendment from RM-12 (Multi-Family) Residential to IL (Limited Industrial) for a 12.76 acre parcel located at 950 Old Coachman road, M&B 42.01, Sec. 7-19-16 (Daly, M.J. and A.A.) Z 88-25 LUP 88-29 (PUD) Item #56 - Land Use Plan Amendment from Residential/Office to Commercial/Tourist Facilities and Zoning Amendment from General Office to Highway Commercial for property (5.05 acres) located at NE corner of the intersection of Bypass Dr. and Druid Rd., portion of M&B 41.12, sec. 18-29-16 (Sorota, J.J. Jr., Trustee) Z 88-26, LUP 88-30 (PUD) Item #57 - Zoning Amendment from Commercial Center to Highway Commercial for property (13.31 acres) located at the SW corner of the intersection of U.S. 19 and Gulf-to-Bay Blvd., M&B's 41.01 and 41.03, Sec. 18-29-16 (Angel Properties) A 88-27 (PUD) Item #58 - Petition for Annexation, RM-16 Zoning, and a Land Use Plan Amendment from Low Density Residential to Medium Density residential for a parcel (57.36 acres) located on the N side of Drew St. immediately E of Eisenhower Elementary School, M&B;s 43.01 and 44.01, Sec. 08-29-16 (Brown, Kennedy & Roberts) A 88-39 LUP 88-31 (PUD) Item #59 - Petition for Annexation, Commercial Center Zoning, and a Land Use Plan Amendment to Commercial/Tourist facilities for property (0.15 acres) located at 1149 Belleair Rd., Lot 15, Loveland Sub. (Foley, Ann) A 88-44, LUP 88-33 (PUD) Item #60 - Land Use Plan Amendment from Medium Density Residential to Commercial/ Tourist facilities and Zoning Amendment from RM-12 (Multi-Family Residential) to Commercial Center for property (1.05 acres) located on the S side of Belleair Rd., W of S. Missouri Ave., Lot 14, Loveland Sub. and part M&B 21.011, Sec. 27-29-15 (Barnett Bank of Pinellas) Z 88-28, LUP 88-34 (PUD) Item #61 - Amendment to the Land Development Code to provide for payment in lieu of the installation of stormwater detention facilities LDCA 88-12 (PUD) CITY ATTORNEY Agreements, Deeds & Easements Item #62 - Neighborly Senior Services, Inc. Agreement - Funding for 1988/89 subject to availability of funds, the City will pay the Agency $2,915.00 quarterly ($11,660.00 annually) Item #63 - Girls Club of Pinellas County, Inc. Agreement - Funding for 1988/89 subject to availability of funds, the City will pay the Agency $2,612.50 quarterly ($10,450.00 annually) Item #64 - Warranty Deed from Community Redevelopment Agency, Lot 5, Blk. 5, Magnolia Park Subdivision, for ROW at Park St. and Myrtle Ave. Item #65 - 10 foot Water Main Easement - Lot 6, Pinellas Groves, except portion of lying within N 40 ft. of SE 1/4 of Sec. 12-29-15. (Bethamy Gardens, Ltd.) Commissioner Berfield moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XI - Other Items on City Manager Reports Item #66 - First Reading Ordinance 4738-88, The Oaks of Clearwater, Inc. Private Activity Bonds; - Authorize execution of interlocal agreement with Gulf Breeze Local Govt. Loan Pool Program for tax exempt financing for the purchase of Oak Cove and Oak Bluffs Retirement Centers (FIN) The City has received a request from the Oaks of Clearwater, Inc., a charitable non-profit corporation, to provide up to $38,000,000 from the Gulf Breeze Loan Pool to fund the acquisition and improvement of the Oak Bluff Project at 420 Bay Ave. and the Oak Cove Project at 210 S. Osceola Ave., containing 500 units designed for adult congregate care and a 116 bed nursing care facility. The proposed bond program provides for title to both properties vesting in the City of Clearwater, free of encumbrances, upon payment of the bonded indebtedness twenty-six years from now. Dan Livermore, Bond Counsel for the City, stated all applicable laws are being complied with and this is a complicated financial structure using a GNMA security. In response to questions, he indicated an exact interest rate will not be known until the actual sale of the bonds, and the City is acting as a conduit for Oaks of Clearwater to obtain the loan from the Gulf Breeze Municipal Loan Pool. If the mortgage should become delinquent, the liability will be to the Federal Government. He further stated that Oaks of Clearwater can not borrow additional monies that would lengthen the term of this loan and, once the mortgage is paid, the land will be deeded to the City. Chuck Thornstrom and Ed Bulliet, of William R. Hough & Company, stated they had been asked by the City to review this proposal to determine if there is any liability to the City. They are comfortable that the City is not at risk financially. Concerns were expressed that the $38,000,000 loan was inflating the value of the property. Paul Raymond, representing Oaks of Clearwater, stated that 23% of the $38,000,000 will be used to establish reserves, and $22,000,000 is the actual purchase price of the property. The reserves will be used to improve and maintain the property and to honor outstanding contracts of the residents. He stated there is no liability to the City. Improvements planned include fire sprinkling the buildings, elevator renovations, new roofs and renovations to the common areas and apartments. Concerns were expressed regarding the Oaks of Clearwater's ability to operate the facilities. Mr. Raymond stated Citidel, the mortgage insurer, has evaluated this and the Florida Department of Insurance has had an in-depth analysis of the individuals involved and both have approved the plan. In response to questions regarding how the residents of the two facilities will benefit, Mr. Raymond stated that, if this is approved, all outstanding contracts will be honored and an escrow account will be established to fund all monies due, or that may come due in the future, to residents. The City Attorney presented Ordinance 4738-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4738-88 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Winner, Nunamaker and Garvey. "Nays": Regulski. Motion carried. Consensus was to schedule second reading of Ordinance 4738-88 for a Special Meeting December 29, 1988 at 6:30 p.m. Item #67 - Resolution 88-63, Reaffirming the City's existing agreement with ICMA Retirement Corp. to administer Sec. 457 Deferred Compensation Plan, which authorizes execution of a separate declaration of trust as specifically requested by ICMA Retirement Corp., and which designates the Finance Director to be the official coordinator for the program and the City Manager to cast any votes as required under the program. (FIN) As a result of internal restructuring, and to comply with SEC Regulations, the ICMA Retirement Corp. has requested all participating municipalities to execute the document entitled "Declaration of Trust,". They have requested compliance by December 31, 1988, following which date they will initiate action to terminate agreement with those municipalities which have not yet complied. The 457 plan is a means of deferring part of an employee's compensation by investing the amount deferred into one or more of ICMA Retirement Corporation's investment pools. This plan is open to all City employees, and allows them to defer up to 25% of their salary each year, in addition to whatever other pension or individual retirement account they may have. For those executive level employees not covered by the City pension plan, the City generally contributes 6% of salary to the plan, and the employee has the option of contributing up to 19% additional. Approximately 215 of the 1,447 employees participate in the plan, and the City has generally been very pleased with ICMA Retirement Corporation's administration thereof. Commissioner Regulski moved to pass and adopt Resolution 88-63 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 #68 - Provide direction regarding ordinance to remove protection for billboards on Gulf-to-Bay Blvd. proposed by initiative committee - Citizens for a Better Clearwater (CLK) On September 23, 1988, Citizens for a Better Clearwater filed the necessary papers with the City Clerk to begin the petition process for proposing an ordinance to the City Commission that, if not adopted by the Commission, would be placed before the voters. The petition with 6,855 signatures was submitted to the City Clerk on November 29, 1988, and determined by the City Clerk to have the necessary 5,843 valid signatures on December 8, 1988. If the Commission does not adopt the ordinance within 60 days (February 6, 1989) of the petition being determined sufficient, it will be placed before the voters at the March 14, 1989 election. Should the Commission make substantive changes in adopting the ordinance, the question would still appear on the March 14, 1989 ballot. The ordinance proposed calls for the removal of the special protection from removal of billboards located on Gulf-to-Bay east of Highland Ave. and to establish a seven-year period in which those signs must be made to comply with current standards or be removed. William Jonson, President of Citizens for a Better Clearwater, spoke in support of the Ordinance and presented slides depicting properties with and without billboards. Two citizens encouraged the Commission to pass the ordinance. One citizen in opposition to the ordinance requested the Commission not pass the ordinance as it would be a "taking" of property and a violation of constitutional rights. Ed Armstrong, representing National Advertising, stated there is a lawsuit pending concerning flaws in the initiative procedures and requested the Commission not take action and let the court make the decision. Discussion ensued regarding options available to the Commission. Commissioner Regulski moved to schedule first reading of the Ordinance for the January 5, 1989 meeting. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Regulski and Mayor Garvey voted "aye." Commissioners Winner and Nunamaker voted "nay." Motion carried. Commission recessed from 10:52 - 11:03 p.m. Item #69 - Termination of Marina Service Station Lease and authorization of Temporary Lease Agreement with McMullen Fuel Company. (MR) Notice of Default was issued to Mr. Charles D. Davy and Gerald R. Hunt, current lessees of the city-owned service station for failure to make rental payment for the month of November, 1988, pursuant to paragraphs 10 and 17 of the lease agreement. Also in accordance with Mrs. Davy's request that this lease be terminated. The suggested interim lessee, D. Guy McMullen Properties, Inc., agrees to pay rent in the amount of $1,000.00 per month plus $.02 for each gallon of gasoline and diesel pumped from the station each month during the term of this lease. During the interim period, the service station will be advertised for bids to insure that the best services are provided to citizens and the best interest and revenues are returned to the city from this facility. Commissioner Winner moved to accept termination of current lease agreement through default between Charles D. Davy, Gerald R. Hunt and the City of Clearwater for the service station located at 49 Causeway Blvd. and approve an Interim Lease Agreement on a month to month basis beginning January 1, 1989, to D. Guy McMullen Properties, Inc. and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #70 - 1988 Storm Sewer Gunite Repairs contract - award to Pressure Concrete Constr. Co., $54,175.34 (PW) The recent tropical storm Keith has caused damage to several corrugated metal storm sewer systems which require immediate repair. The five most needed storm sewer repairs were chosen for a "fast track" solicitation of bids. For stormwater capacity and economic reasons, the concrete "gunite" repair method has been selected. This construction method creates a reinforced concrete pipe within the existing corrugated metal sewers and does not require conventional excavation and replacement. The five repair locations are: 1. Outfall pipe of Montclair Lake to Union Street just west of Keene Road. (This repair is particularly urgent as existing sewer is deep and is located between two closely spaced residences.) 2&3. Stevenson Creek roadway crossings at Belleview and St. Thomas Dr. (This will be a thin temporary repair coating to stabilize pipe crossing until scheduled complete replacement.) 4. Interconnector/outfall pipes to retention ponds in Florida Power Corp. right-of-way crossing Burnice Dr. in Tropic Hills Subdivision. 5. Allen's Creek roadway crossing at Magnolia Drive. Three bids from "gunite" contractors pre-qualified with the City were solicited and one bid was received. Commissioner Regulski moved to approve award of 1988 Storm Sewer Gunite Repair contract to Pressure Concrete Constr. Co. in the amount of $54,175.34. The motion was duly seconded and carried unanimously. XII - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances - None. XIII - Resolutions Item #71 - Resolution 88-62 - Assessing property owners the costs of mowing or clearing owners' lots. Commissioner Regulski moved to pass and adopt Resolution 88-62 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 #72 - Jim Gray case - Settlement Agreement. Paula Harvey, Planning Director, reviewed the case and distributed a revised owners' information list. She explained the major points of the settlement stating it was decided not to try to resolve the issue of ownership but rather establish uses and development allowed. All FEMA and parking requirements would be met and existing density would be grandfathered. Upon execution, a waiver and release of pending claims of damages would be provided. Discussion ensued regarding how to establish the density. Concerns were also expressed regarding allowing existing back out parking to continue. Richard Salem, representing the litigants, reviewed the process for reaching this agreement and encouraged the Commission to approve it. Consensus of the Commission was for staff to address: 1) establishing 150 feet of beach for use in establishing density, 2) allow building 50 feet from platted lot line and 3) no variance or back out parking to be allowed. Two citizens spoke against the settlement and requested the Commission not approve the settlement. Consensus was to consider the settlements based on direction to staff at the December 29, 1988 Special Meeting. Item #73 - Outside Counsel for Civil Service Board. Due to the complexity of the procedures in the DeSantis case which will soon be before the Civil Service Board, it has been suggested by the City's outside legal counsel that the Board and its process might benefit by having independent legal counsel. Such counsel would be utilized to provide legal advice to the Board on issues relating to procedures to be followed at the beginning of the hearing and to render legal advice during the hearing as to what is proper to be placed before the Board and considered by it. If permitted, the selection of independent legal counsel by the Board should be someone acceptable to both the City and Mr. DeSantis to preclude subsequent arguments as to impartiality. Section 25.04(c) of the City Charter provides that, "upon request by the Civil Service Board, the City Commission may in its discretion provide said board independent legal counsel". Due to the time frame, the individual members of the Board were contacted and consensus was that a request be made for independent legal counsel. Once this matter is resolved, the DeSantis hearing would be heard by the Board early to mid-January, 1989. Commissioner Nunamaker moved to approve the request for independent legal counsel for the Civil Service Board in the DeSantis case. The motion was duly seconded and carried unanimously. The City Attorney requested direction regarding the proposed Charter Amendments. Consensus was to discuss at the December 29, 1988 Special Meeting. XV - Verbal Reports The City Manager stated the Florida League of Cities Legislative Conference conflicts with the February 2nd Commission meeting. A decision regarding the conflict will be made at the December 29, 1988 meeting. XVI - Other Commission Action Mayor Garvey questioned whether or not a new federal rule regarding employee benefits would impact the City. It was reported it would and staff is investi-gating. She requested that the campaign signs for the recent elections be removed throughout the City. XVII - Adjournment The meeting adjourned at 12:34 p.m.