01/19/1989 CITY COMMISSION MEETING
January 19, 1989
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, January 19, 1989 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 - None.
V - Minutes of the Regular Meeting of January 5, l989.
Commissioner Regulski moved to approve the minutes of the regular meeting of January 5, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
VII - Citizens to be heard re items not on the Agenda.
Paula Bolton, Outgoing President of Clearwater Beach Association, read and presented a letter of commendation to the Commissioners.
IX - Public Hearings
Item #9 - Public Hearing and First Reading Ordinance 4751-88, Vacation Request - that portion right-of-way of Lotus Path, formerly known as Davidson Ave., lying S of Blk 34 and N of
Blk 39, Magnolia Park Sub., and retaining drainage and utility easement over full width; providing for reciprocal ingress-egress easement (Medical Plaza Association, Low Investments
and Alfred C. Willie) V 88-12 (PW)
The applicant wishes to redevelop the property to the north of Lotus Path, and to make Lotus Path a private drive serving the adjacent property owners. The City wishes to retain full
width of the vacation as a drainage and utility easement to accommodate existing utilities. The area occupied by the existing paving will be retained as a private ingress/egress easement.
All of the adjacent property owners join in this petition.
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections.
Commissioner Nunamaker moved to approve the vacation request subject to it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4751-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4751-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #10 - Public Hearing and First Reading Ordinance 4752-88, Vacation Request -a portion of a 10 ft. drainage and util ity ease ment along S side of Lot 3, Suntree Es tates (McKn ight)
V-88-14 (PW)
The applicant wishes to provide a pool on his property which will encroach upon the easement.
Vision Cable of Pinellas, Inc. has requested the applicant place 1-1/2" PVC conduit below the concrete decking which would extend into the remaining four foot utility easement, with
no further objection to the vacation.
The request has been reviewed by various City departments/divisions, Florida Power and General Telephone and there are no objections.
Commissioner Nunamaker moved to approve vacation of the N 6 feet of the 10 foot drainage and utility easement subject to satisfying Vision Cable's request. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 4752-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4752-88 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 4767-88, Vacation of a 40 ft. ROW easement, and retaining 40 ft.drain-age and utility easement on E side of Lot 2, Blk. A, Lokey
Subdivision (Lokey Motors) V-88-15 (PW)
The City currently has a 40 ft. ROW easement along the E side of the applicant's lot. This easement was and is to be used for the relocation of utilities and for the preservation of
the corridor associated with the widening of U.S. 19. It has now been decided the requirements of a 40 ft. drainage and utility easement instead of a ROW easement will better serve
the City.
The Public Works Department recommends approval provided the easement is retained full width as a drainage and utility easement, to facilitate existing utilities.
The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections.
In response to concerns of the City Commission regarding the placement of the sidewalk in relation to the easement, the Public Works Director reported the existing sidewalk is in the
middle of the subject easement. However, the applicants intend to file an amended site plan in which landscaping will be installed and the sidewalk moved.
Commissioner Regulski moved to approve the vacation request subject to it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4767-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4767-89 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #12 - (Contd. from 1/5/89) Variance to the Minimum Separation Distance Requirement for Alcoholic Beverage sales at Pattemore's Night Club, Lot 2, Studebaker's Sub. (Blackpool Palace
of Florida) AB 88-22 (PLD)
This request was received to permit on premises consumption of alcoholic beverages at 2516 Gulf-to-Bay Blvd. within 227 feet of a church.
Pattemore's Night Club is proposing a 2,000 square foot addition on the front of the existing building facing Gulf-to-Bay Blvd.
The Planning and Zoning Board approved a conditional use for alcoholic beverage sales in the expanded area under their present 4-COP-SRX license which does not require a 51% food sales.
On November 17, 1988, the City Commission denied the variance request for this proposal. The applicant has since amended the application to provide for the expansion area to be enclosed
rather than an open deck.
The Planning Director indicated this will not expand a nonconformity and that the building will be no closer to the church as the expansion is on the opposite side of the establishment.
William Kimpton, attorney representing the applicant, indicated Pattemore's has worked with the church and will continue to do so.
Walt Rosinski, Manager of Blackpool Palace, reviewed the steps that have been taken in an effort to address concerns raised regarding the establishment, including establishing an alcohol
awareness program, a yellow cab taxi lane, increased security both inside and outside, and a trash patrol. Pattemore's has met with the Police and Fire Departments and asked them to
inspect the facilities. Mr. Rosinski then presented two letters of support from neighbors and read them into the record.
Robert Gregg, architect for the project, entered into evidence a site plan indicating how they meet the standards for granting a variance. He stated the expansion area is less than
15% of the building. The variance is a minimum variance of 23 feet as they built the addition on the side of the building that is farthest from the church. There are no residential
neighbors. He reviewed improvements that they made including increased landscaping, increased fire sprinklers, increased security and changes to reduce the flow of traffic in and out
of the parking lots.
William Kimpton, attorney representing the applicant, indicated the Pattemores own the property. Mr. Kimpton stated they have tried to accommodate the church. He indicated if the
variance is not granted, it is going to be very difficult to maintain the new addition as a dry area. Mr. Kimpton submitted a copy of a memo regarding previous court cases addressing
the determining of hardship to the Clerk to be entered into the record. He stated the club is not injurious to the neighborhood and no facts that would justify denial have been presented.
In response to a question, Mr. Kimpton indicated there are 285 parking spaces on the property and they have permission from Florida Power to use the right-of-way as parking.
James G. Filis, attorney for the Greek Orthodox Church of the Holy Trinity, stated the Parish Council adopted a resolution to oppose this request. He stated there have been problems
in the past with establishments at this location.
Reasonable use of the land is being exercised. He indicated the standards of the Code have not been met and the variance should not be granted.
Father Theo Anastas and Father Anthony Stradis of the Greek Orthodox Church of the Holy Trinity spoke in opposition citing concerns regarding traffic control and protection of church
property. They also expressed concerns regarding the possibility of "strippers" performing in the club.
Mr. Manny Fellouzis, President of the Church, stated plans to remodel the church and build a gymnasium are being prepared and in the future they hope to open a parochial school. In
answer to a question concerning parking, Mr. Fellouzis indicated parking for the church and gymnasium is adequate.
Two citizens spoke in opposition to the request stating they felt it was inappropriate and it would adversely impact the church.
Nick Vassilarus, owner of the company providing security for Pattemore's, spoke in support of the application and presented a letter of introduction to the Commission.
Concerns were expressed that construction of the expansion was begun prior to the variance being granted and whether or not there was a hardship. Discussion ensued regarding the alleged
"stripping" activities and what could be done to restrict this type of entertainment. It was indicated if the Commission desired, they could place reasonable conditions on the granting
of the variance.
Mr. Kimpton stated they will accept any lawful conditions. However he questioned the reasonableness of placing a condition regarding "stripping" on a single club. He stated there
have been no complaints since they opened Pattemore's. In response to questions, Mr. Kimpton indicated they would agree to a six month variance.
Discussion ensued regarding placing conditions on the granting of the variance and including a six month time limitation.
Commissioner Regulski moved to approve the requested variance to the alcoholic beverage minimum distance requirement on the subject property for six months subject to monthly reports
regarding the activities of the establishment being submitted by the Police Department to the City Manager. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield,
Regulski, Winner and Mayor Garvey voted "aye." Commissioner Nunamaker voted "nay." Motion carried.
It was the consensus that the City Commission would reconsider this issue at the end of six months.
The Commission recessed from 8:20 - 8:32 p.m.
Item #13 - (Contd. from 1/5/89) Public Hearing and First Reading Ordinances 4735-88, 4736-88, 4737-88 - Petition for Annexation, General Commercial Zoning and a Land Use Plan Amendment
from Low Density Residential to Commer cial/Tourist Facilities on property located at the SW corner of Main St. and McMullen-Booth Rd. (1.59 acres); M&B 23-06, Sec. 4-29S-16E, (Florida
Power Corp.) A 88-37, LUP 88-27 (PLD)
This request is made in order to obtain sewer service for the development of a gasoline service station.
At the present time, the property has no frontage on McMullen-Booth Road. However, with the widening of McMullen-Booth Rd., the property will have direct frontage on that 6-lane corridor.
The parcel contains several specimen oak trees which should be protected through site plan review. City water and sewer are available to the property.
Tim Johnson, attorney representing Florida Power, requested a continuance of a month in order for him to obtain an answer from Florida Power Corp. regarding whether they wish to go
forward with the annexation if the requested zoning is not granted.
Three citizens spoke in opposition to the commercial zoning on the subject property indicating the property is zoned residential and commercial development would conflict with the residential
developments in the area. A petition with 16 signatures of residents in the area and a letter from G.S. McMullen were submitted in opposition to the request.
Commissioner Winner moved to continue this item to the February 16, 1989 meeting. The motion was duly seconded and carried unanimously.
Item #14 - New Dock Variance Approval Procedure for the Marina del Rey Townhouse Development located on Sand Key, E of the Harbor Condos at 1581-1595 Gulf Blvd.; Marina del Rey at Sand
Key, Lots 10-73 (PUD)
On August 2, 1979, the Master Site Plan and Plat for the Marina del Rey Townhouse Development were approved by the City Commission subject to the following conditions: 1) no structural
encroachment of any kind will be permitted in the 30 foot setback from the seawall and 2) approval of the plat/plan does not include approval of the proposed dock arrangement which will
be subject to the normal dock permitting process.
The plan and plat were certified September, 1979 and the plat recorded in March, 1980. The lines of the plat extend over submerged land and water. Easements have been recorded for
the purpose of the construction of docks, piers and boat slips in, on and over the submerged lands and surface water, in accordance with the permit requirements of the governmental authorities
having jurisdiction.
In December, 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 which reversed the decision and approved a variance to
construct docks 36 feet long and three feet wide 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.
Several variances to the January 3, 1980 dock plan have since been approved, most of which involved cradle lifts/hoists (and catwalks with some of the applications). Acceptable alternatives
to the variance approval procedure for docks have been discussed by the City Commission and include: 1) continue hearing the requests on a case-by-case basis and 2) delegate to the Development
Code Adjustment Board the authority to approve any additional requests. Prior to the last two dock variance requests, the City Commission decided to continue to hear the requests on
a case-by-case basis. However, after the last request was approved on November 3, 1988, reconsideration was again discussed with direction to staff to find a new alternative to the
present procedure.
In keeping with the previous dock approvals and as the cradle lifts occupy the same space in which boats are stored in the water, staff is recommending a blanket dock approval for each
lot, excluding lots 1-9, as follows: 1) a dock 36 feet in length and 3 feet in width, with pilings on the lot line side not to extend above the floor line of the dock and with zero setback,
2) a cradle lift in addition to the permitted dock, total width of both not to exceed the area within extended lot lines and length not to exceed maximum 36 foot long dock and 3) a catwalk
in addition to the permitted dock and cradle lift, with same limitations as the dock on or off the lot line, the total width of all three not to exceed the area within extended lot lines.
If approved, staff further suggests that any future variance requests be heard by the Development Code Adjustment Board.
The management company for Marina del Rey and the specified representative for the Board for Marina del Rey have been sent a letter apprising them of the suggested change to the dock
approval.
Questions were raised regarding why Lots 1-9 were excluded from the original conditions as well as this new approval procedure. Staff was directed to investigate and report to the
Commission at the February 16, 1989 meeting.
Commissioner Regulski moved to approve the new dock approval procedure as outlined above for the Marina del Rey Townhouse Development including the provision that future variances be
heard by the Development Code Adjustment Board with the provision staff review the exclusion of Lots 1-9. The motion was duly seconded and carried unanimously.
Item #15 - Public Hearing and First Reading Ordinances 4740-88 and 4741-88 - Petition for Annexation and Single Family Residential (RS-6) Zoning for property located at 502 Oakmount
Rd., the SW corner of the intersection of Sharkey Rd. and Oakmount Rd.; Lot 1, Oakmount Sub., Sec. 7-29S-16E (Hardy) A 88-40 (PLD)
A single family residence is proposed to be developed on the lot and the property owner desires to connect to City sewer. The lot is contiguous to the City limits and eligible to be
annexed. City water and sewer service are available to the lot.
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 4740-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4740-88 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 4741-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4741-88 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #16 - Public Hearing and First Reading Ordinances 4742-88 and 4743-88 - Petition for Annexation and Single Family Residential (RS-8) Zoning of a Single Family Lot (0.15 acres) located
at 2233 S Lagoon Circle, on the S side approx. 550 ft. E of Belcher Rd.; Lot 158, Clearwater Manor Sub., Sec. 6-29S-16E. (Mory) A 88-41 (PLD)
The lot is developed with a single family residence and the owner wishes to connect to the City sewer. The property is contiguous to the City limits. All required fees have been paid.
Commissioner Berfield moved to approve the requested annexation and RS-8 zoning on the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4742-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4742-88 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 4743-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4743-88 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #17 - Public Hearing and First Reading Ordinances 4744-88 and 4745-88 - Petition for Annexation and RS-6 Zoning of a Single Family Lot (0.55 acres) located at 1228 Bell Dr.; Lot
14, Canterbury Heights Subdivision, Sec. 24-29-15. (Lakis) A-88-42 (PLD)
The lot is developed with a single family residence and the owners wish to connect to City sewer. All required fees have been paid.
Commissioner Berfield moved to approve the annexation and RS-6 zoning. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4744-88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4744-88 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 4745-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4745-88 on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #18 - Public Hearing and First Reading Ordinances 4746-88, 4747-88 and 4748-88 - Petition for Annexation, Limited Office Zoning and a Land Use Plan Amendment from Low Density
Residential to Residential/Office for property ((0.57 acres) located at 2147 N.E. Coachman Rd., on the SE side of N.E. Coachman Rd. approx. 1,250 ft. N.E. of Drew St.; a portion of Lot
4, Mosell Acres Subdivision, Sec. 12-29S-15E. (Mignone) A 88-43 LUP 88-32 (PLD)
The property is developed with a single family residence which is proposed to be converted to an office use. The owner wishes to connect to City sewer. The property is contiguous
to the City limits. City sewer and water service are available.
Commissioner Berfield moved to approve the annexation, OL zoning and land use plan amendment to residential/office. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4746-88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4746-88 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 4747-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4747-88 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 4748-88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4748-88 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 #19 - (Contd. from 12/15/88) Ordinance 4643-88 - Zoning Atlas Amendment from Multiple-Family Residential "Twelve" District (RM-12) to Multiple Family Residential "Sixteen" District
(RM-16) for property (6.79 acres) located S of Seville Condominium and Seville Blvd.; M & B 33-06, Sec. 17-29S-16E, (Clearwater Seville) Z-88-14 LUP 88-12
The City Manager reported that this zoning change and the annexation and zoning addressed by Items #20 & #21 were initiated in hopes of reaching a settlement in a pending lawsuit.
Circumstances of the case have changed in that some condominium associations that were parties to the suit have dropped out and the applicants are requesting reconsideration of a settlement
offer proposed approximately a year ago. He stated unless he was assured that adoption of these ordinances would settle the case, there is no advantage to do so.
The City Attorney presented Ordinance 4643-88 for second reading and read it by title only. Commissioner Nunamaker moved to deny Ordinance 4643-88 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 - (Contd. from 12/15/88) Ordinance 4644-88 - Annexation of property (61.38 ac res to ta l) located at eas tern ter mi nus of Sev ille Blv d.; M&B 34-01, Part of M&B 34-02,
Sec. 17-29S-16E (26 .90 acr es) and M&B 21-01 Sec. 20-29S-16E (34 .48 acr es), (Cl ear wa ter Sev ille and AEL Par t ner sh ip) A 88-20, LUP 88-11
Discussion ensued regarding whether or not to adopt Ordinances 4644-88 and 4646-88, annexing the property with RM-16 zoning. The City Attorney cautioned that this might initiate another
lawsuit.
Tim Johnson, whose law firm represents the applicants, requested the City Commission continue these items as the applicants' position is not known.
The City Attorney presented Ordinance 4644-88 for second reading and read it by title only. Commissioner Regulski moved to table Ordinance 4644-88 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 - (Contd. from 12/15/88) Ordinance 4646-88 - Zoning Atlas Amendment as Multiple-Family Residential "Sixteen" (RM-16) for Parcel 1 and Aquatic Land/Coastal (AL/C) for Parcel
2 (total 61.38 acres), for property annexed in Ord. 4644-88 . (Clearwater Seville and AEL Partnership) A 88-20, LUP 88-11
The City Attorney presented Ordinance 4646-88 for second reading and read it by title only. Commissioner Regulski moved to table Ordinance 4646-88 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 4731-88 - Zoning Atlas Amendment from Limited Office District to Aquatic Lands/Interior for property (0.60 acres) located at SE corner of intersection of Enterprise
Rd. and proposed Landmark Dr. Ext.; M&B 22.02, Sec. 33-29S-16E (Vogel, J.A.) Z 88-24
The City Attorney presented Ordinance 4731-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4731-88 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 4753-88, Relating to Sign Regulations - amending Section 134.015 to delete special protection from removal for certain nonconforming signs (commonly called billboards)
located on Gulf-to-Bay Blvd. E of Highland Ave., and to establish 7-year time period within which signs must be made to comply with current standards or be removed.
The City Attorney presented Ordinance 4753-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4753-88 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 #24 - Ordinance 4768-89, Relating to the City Charter - Proposing Amendments to the Charter in its entirety; increasing from $7,500 to $10,000 the amount above which all purchases
shall be awarded by the City Commission through
competitive bidding; providing that no Municipal Real Property shall be sold or leased for a term longer than three years without first declaring the property surplus following an advertised
public hearing; deleting the provision that Municipal Real Property may be leased for more than fifteen years if the lease is approved in a referendum election; providing that certain
recreation/open space land owned by the City may be dedicated as right-of-way when determined appropriate by the City Commission, without referendum approval; providing that the term
of office of a newly elected City Commissioner shall begin on the first Thursday in April; providing for vacancies in the office of City Commissioner when required by law, rather than
when a City Commissioner becomes a qualified candidate for any other elective office; providing for the appointment of regulatory boards as may be established by law; providing that
no action of the City Commission shall be valid or binding unless adopted by the affirmative vote of the majority of all Commission members; providing that the City Manager shall establish
residency within the City within one year of appointment to the position; providing for the removal of the City Attorney by a majority of the members of the City Commission; authorizing
the City Commission to regulate land development in the manner provided by law; increasing from five days to twenty days the length of time in which the City Clerk or other designated
official shall certify as to the sufficiency of a referendum petition; increasing the length of time following the certification of an initiative or referendum petition during which
an election may be held; increasing the length of time following certification of the sufficiency of a Charter Amendment petition before which an election shall be held; providing for
the appointment of a Charter Review Advisory Committee; increasing the qualifying fee for a candidate for election to the City Commission from $25.00 to $50.00; providing that regular
elections shall be held each year in which a City Commission term expires; providing for the certification of Municipal Election returns by the County Canvassing Board under certain
circumstances; deleting certain redundant matters and providing for uniform terminology and grammatical improvements; providing for a Special Election to be
held on March 14, 1989, in conjunction with the regular City election in order to submit the proposed City Charter Amendments to the voters.
The City Attorney presented Ordinance 4768-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4768-88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #25 - Ordinance 4769-89, Relating to the City Charter - Amending Article IX to delete the requirement that revenue bonds for projects in excess of $1,000,000, with certain exceptions,
shall be put to public referendum; providing for a Special Election to be held on March 14, l989, in conjunction with the regular City election in order to submit the proposed City Charter
amendment to the voters.
It was stated that there seems to be a misunderstanding among the citizens regarding the amendment. The City Manager reported there will be a public information campaign regarding
this issue.
The City Attorney presented Ordinance 4769-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4769-88 on second and final
reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Regulski, Winner, Nunamaker and Garvey.
"Nays": Berfield. Motion carried.
Item #26 - Ordinance 4770-89 - Constituting a Development Order for the Sheraton Sand Key Resort Expansion, a development of regional impact.
The City Attorney presented Ordinance 4770-89 for second reading and read it by title only.
In response to a question, the Planning Director indicated the language regarding the transfer of development rights is in the ordinance to meet Tampa Bay Regional Planning Council's
(TBRPC) requirement that how the density level is achieved be addressed.
Tim Johnson, attorney for the Sheraton Sand Key Resort, distributed the most recent version of the ordinance and submitted exhibit A, the development of regional impact application,
exhibit B, the legal description, exhibit C, the developer's commitments, and exhibit D, the preliminary master site plan to the City Clerk. Mr. Johnson reported the issues regarding
the protection of the turtle hatcheries and payment for traffic improvements have been resolved. The issue regarding possible building on the beach has not been resolved. He stated
while it is their belief that they are not placing any building on the beach, changes to the ordinance have been made in order to place them in a strong position should the Region appeal.
He stated the building will be 300 feet from the beach, there are fledgling dunes seaward of the proposed construction and there is no storm wave activity in the building area. Mr.
Johnson reviewed the changes to the ordinance.
Commissioner Winner moved to amend Ordinance 4770-89 as follows: in Section 1, delete the entire subsection H. and insert new subsection H. "The Development is in the overriding public
interest. Based on the uncontroverted sworn testimony presented to the City by Erik J. Olsen, P.E., a recognized coastal engineering expert, the Development does not disturb all or
a portion of a significant sand dune system and, in fact, creates a significant sand dune system, which system will provide a viable habitat for coastal flora and fauna and will provide
storm protection for upland properties and the County owned park north of the Development. The sand dunes now located on the Development site are in the early
stages of formation and relocation will not cause irreparable harm to the natural beach system. The sand dunes now located on the Development site do not constitute all or a portion
of a significant sand dune system. The newly created sand dune system provides at least 10:1 mitigation for disturbance of the natural beach system; Add subsection I. "The Development
will occur on property which does not constitute a "beach" or "preservation" area but is upland property which lies landward of the newly created dune system. Development will occur
more than 400 feet from the mean high water line."; redesignating subsections I and J as J and K; in Section 2, delete subsection I. and insert new subsections I., J. and K.(1), (2),
(3), (4) and (5) as follows: I. "The Development does not disturb all or a portion of a significant sand dune system."; J. "The Development does not occur on property which constitutes
"beach" or "preservation" area".; K. "The Development is in the overriding public interest based on the following factors: (1) The Development does not adversely affect the public
health, safety, or welfare of the property of others, and, in fact, it provides protection for upland properties, including the County owned park to the north of the Development; (2)
The Development will not adversely affect the conservation of
fish and wildlife, including endangered or threatened species, or their habitats, but will, in fact, create a significant habitat for sea turtles, including the construction of a permanent
sea turtle hatchery, which hatchery will be constructed and maintained under the supervision of the Clearwater Marine Science Center; (3) The Development, including the newly created
sand dune system and turtle hatchery, will be of a permanent nature; (4) The Development will not adversely affect significant historical or archaeological resources, pursuant to Section
267.067, Florida Statutes; (5) The current condition and relative value of functions being performed by areas affected by the Development will not be degraded and, in fact, the Development
will create a significant and beneficial sand dune system, provide additional protection for sea turtles and will create a permanent sea turtle hatchery, and will provide a world class
hotel and major meeting facility which will attract visitors and encourage the City's year-round recreation and tourist activities." and redesignate original subsection "J." as "L.";
in Section 4, subsection A., delete the first unnumbered paragraph; at the end of paragraph 3, subsection A after "as described in the ADA", add "Protection of the turtle hatchery during
all phases of construction shall be supervised by the Clearwater Marine Science Center."; under "Option 1", first paragraph, first sentence delete "second tower of the"; under "Option
3", delete the first four paragraphs and insert "Prior to the issuance of any building permits, the Developer may elect Option 3 in lieu of Option 1 or 2. It is the intent of Option
3 to achieve mitigation in accordance with Rule 9J-2.0255 (7)(a)(3) as interpreted by the TBRPC. The Development substantially impacts only one segment of one regionally significant
roadway, i.e., Gulf Boulevard from Walsingham Road to Fourth Avenue, and therefore is not a project which is suitable for standard pipeline mitigation. The Developer's proportionate
share contribution has been
calculated to be $15,590.00. The three-laning of the impacted section of Gulf Boulevard is in the work plan of the Department of Transportation. The contribution of the proportionate
share amount to FDOT for the acceleration of said improvement is the best and most efficient way to provide reasonable assurance that public transportation facilities shall be made available
to accommodate the impact of the Development. Therefore, in accordance with TBRPC Policy 19.8.14 (5), the Developer shall mitigate its transportation impacts under Option 3 by immediately
contributing $15,590.00 to FDOT for the expressed and sole purpose of funding improvements to that portion of Gulf Boulevard lying between 4th Avenue and Walsingham Road." The motion
was duly seconded and carried unanimously.
Commissioner Regulski moved to pass and adopt Ordinance 4770-89 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 #27 - Ordinance 4771-89, Relating to proposed reopening of Dunedin Pass - establishing the form of straw ballot question to be submitted to voters of the
City on March 14, l989, in conjunction with the regular City election in order to allow voters to state their opinion as to whether Dunedin Pass should be reopened.
The City Manager indicated the City will be producing a informational brochure concerning this issue.
Trish Muscarella, of the Open Dunedin Pass Committee, stated the consensus of the committee was to suggest the ballot question be reworded to include addressing the environmental issues.
Commissioner Winner moved to amend the ballot question contained in Ordinance 4771-89 to read: "If the environmental concerns are adequately addressed, are you in favor of the opening
of Dunedin Pass between Clearwater
Beach Island and Caladesi Island?." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 4771-89 for second reading as amended. Commissioner Nunamaker moved to pass and adopt Ordinance 4771-89 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.
CITY MANAGER REPORTS
IX - Consent Agenda (Items 28-43) - Approved as submitted.
Agreements - Approved.
Item #28 - Modification to the Countryside Blvd. Widening Engineering Design Services Agreement, increasing the not-to-exceed limitation of $184,215 by $15,155; new total $199,370; due
to tie-in between Countryside Blvd. project and the FDOT U.S.19 overpass project. (PW)
Bids & Contracts - Approved.
Item #29 - Contract to purchase sixteen (16) DASI AT 1183 terminals - Data Access Systems for $12,638.40, to replace terminals for Police Communications Center. (AS)
Item #30 - Contract to purchase replacement Single Axle Truck with 5 Ton Derrick for $29,905.85, to Karl Flammer Ford, Tarpon Springs, FL. (GS)
Item #31 - Contract for Uninterruptible Power System (UPS) for the Fleet Maintenance Computer System, for $11,325.00, to Communications Leasing, Palm Harbor, FL (GS)
Item #32 - Amendment to contract with General Electric Co. re 800 mHz Radio Equipment - approving an increase in the amount of $47,518.58, for modified radio equipment. (GS)
Item #33 - Contract for replacement of Air Conditioning System at Fire Station 3, to Southeast Mechanical, Tampa, FL., at a cost of $10,438.00 (GS)
Item #34 - Contracts to purchase Unisys Computer Hardware for Parks and Recreation Department - Whitman Computer Systems, $32,580.60 and Applications Software - Software Spectrum, $3,626.00;
total cost of $36,206.60 and authorize 5 year lease purchase of the Unisys Hardware through General Electric Capital Fleet Services, Inc. (PR)
Item #35 - Annual contract to purchase T-Shirts - EPCO Co., Clearwater, Fl., for date of award through 9/30/89 at an est. cost of $9,500.00 - annual requirement for Parks and Recreation
(PR)
Item #36 - Contract to purchase 3/4" #57 Aggregate - Florida Crushed Stone Co., Leesburg, FL, for the period through 09/30/89; $52,275 ($12.80/ton) (PW)
Item #37 - Computerized Cashiering System Equipment - award contract for hardware to Unisys, $19,300 and contract for software, installation and training to Core Business Technologies,
$15,800; total $35,100 (PW)
Item #38 - Contract to purchase Annual Chlorine requirement - Jones Chemical, Clearwater, FL, for period 2/1/89 to 1/31/90 at an est. cost of $119,064.50 (PW)
Change Orders - Approved.
Item #39 - Change Order #1 McMullen-Booth Widening Contract with Overstreet Paving Co., for utility relocation +$45,020.50 - authorize payment. (PW)
Citizen & Staff Requests - Approved.
Item #40 - Accept Grant award of $23,600 from State Library of Fla., Library Services and Construction Act for a Greater Clearwater Family Resource Directory. (LIB)
Plans & Plats - Approved.
Item #41 - Preliminary Subdivision Plat for National Data Products, Inc. (NDP) (3.2 acres total) located on the S side of Calumet St. 300 ft. E of Sunshine Dr., approx. 600 ft. W
of Belcher Rd; a portion of Lot 17, Clearwater Industrial Park, Sec. 7-29S-16E (UPARC, Inc.) (SUB 88-15) - authorize review of preliminary plat with final action by the Development Review
Committee (DRC) subject to the following conditions: 1) sings and fencing/walls are subject to separate review and permitting processes; 2) the required setback dimensions shall be given
on the supplementary drawing (NOTE: the minimum side yard setback required by the IL zoning district on proposed Lot 1 is 10 feet. Therefore, it will be necessary to modify the site
plan for proposed Lot 1 accordingly); 3) all proposed lot dimensions must be given on the preliminary plat and the lot size for each proposed lot must be given on the preliminary plat
and/or supplementary drawing and 4) as the area of the entire site is approximately 3.2 acres rather than the given figure of 2.802 acres, the actual total acreage figure should be correctly
given on the preliminary plat. (PLD)
Receipt & Referral - Received and referred to proper departments.
Item #42 - Land Development Code Amendment, Parking Standards - proposed ordinance amending Section 136.022(f)(4) relating to off-street parking space requirements for restaurants, taverns
and other eating and drinking establishments, excluding drive-through, carry-out and fast food restaurants. LDCA 89-01 (PLD)
CITY ATTORNEY
Agreements, Deeds & Easements - Approved.
Item #43 - 4 foot sidewalk easement - part of Lot 24, Chelsea West (Rush).
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.
X - Other Items on City Manager Reports
Item #44 - First Reading Ordinance 4773-89, Relating to taxicab increases - Amending Section 61.50 to increase the rate for the first 1/6 of a mile from $1.00 to $1.50. (AS)
The taxicab rates in the current City Code were established by the Commission on March 21, 1985. On February 20, 1986, the City Commission approved a rate increase of $.20 per mile,
in effect, changing the one-fifth of a mile basis in the City Code to a one-sixth of a mile basis. The City has recently
received a letter from the Pinellas County Yellow Cab requesting consideration of an increase for the first one-sixth of a mile from $1.00 to $1.50.
The Code allows for the City Manager to entertain requests for a rate change and after examining the reasonableness and necessity for such change, to provide findings to the City Commission
along with a recommendation on the rate change.
Staff has surveyed the rates charged by taxicab companies surrounding jurisdictions and has determined that the requested rate is comparable to the rates being charged by other companies.
Based on the fact that the current City Code rate is approximately four years old, that the rates are comparable and do not appear excessive, Staff recommends the requested increase
be approved.
The City Attorney presented Ordinance 4773-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4773-89 on first reading. Motion was duly
seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #45 - Agreement with David Volkert & Assoc. regarding Clearwater Pass Bridge Replacement Project for Professional Engineering Services associated with the Phase I Project Development
and Environmental Study (P.D. & E. Study), not to exceed $356,293 and the Phase II preparation of construction plans and specifications, not to exceed $456,367. (PW)
In July of 1988, after examining a study report by David Volkert and Associates of Tampa and a recommendation by the Clearwater Pass Bridge Task Force, the City Commission indicated
its desire to pursue, through the Federal Highway Administration's (FHWA) Bridge Replacement Program, the construction of a new high-level, fixed-span bridge over the Clearwater Pass
Inlet.
The FHWA program is administered by the Florida Department of Trans- portation (FDOT) and requires that a comprehensive Project Development and Environmental Study examining every meaningful
aspect of the bridge be conducted before construction approval is obtained. It is during this study that the high-level, fixed-span design option is confirmed or rejected. FDOT staff
has assisted us in the preparation of the Scope of Services in light of their familiarity with FHWA requirements. Upon acceptance of the P.D. & E. Study and a confirmation of our design
preference, Volkert will move into the construction plans and specifications phase which will result in the actual design drawings. These drawings will be turned over to FDOT who will
then (assuming FDOT funds the project) accomplish the construction without further expense to Clearwater. Having the engineering accomplished and plans ready for construction is an
enhancement to the probability of FDOT approval.
Engineering funds, as well as certain upcoming additional repair funds, and monies necessary to retire bridge account indebtedness are currently being generated by the bridge toll increases
enacted earlier in 1988.
The total costs associated with the Volkert contract will be $812,660, and the estimated date of completion of both phases is 27 months, or Spring of 1991.
While earlier estimates of the cost of this work had been placed at $600,000 and that amount has been used in the Finance Director's bridge fund planning, other elements of the plan
are expected to cost less than their original amounts (two additional repair episodes were envisioned at one million each while only one repair event is now expected at $800,000). There
is confidence that the funding plan will adequately cover all the expected expenses.
Additional funding for this project will be provided by a first quarter budget increase of $512,660 of Bridge Revenues in project 315-3468, Sand Key
Bridge Replacement. Depending on the timing of payments to the contractor, the anticipated annual net profits of deficits of the Bridge Fund may be effected by this contract.
The Public Works Director stated the City is attempting to be in a favorable position to receive federal funding for construction of the bridge. This is a 27 month, two part project.
The first part is the environmental study which will address all the effects construction of the bridge will have on the environment. The second part is the design and specifications
of the bridge.
Discussion ensued concerning what agency would have the final decision regarding the type of bridge constructed. It was indicated that even if the City decided to fund the construction,
there are agencies, such as the Coast Guard, that would have to approve the design.
Commissioner Nunamaker moved to approve the contractual agreement with David Volkert and Associates for Professional Engineering Services for a total contract cost not to exceed $812,660
and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
Item #46 - Clearwater Pass Bridge Repair, Phase II (87-39B) - award contract to Piling & Structures, Inc. of Jacksonville, FL for $565,964.00 (PW)
In July, 1988, after consideration of a study report prepared by David Volkert Engineers and subsequently deciding to pursue a Federal Highway Administration grant (administered by
Florida Department of Transportation) for the construction of a new high-level, fixed-span bridge over Clearwater Pass Inlet, the City Commission adopted a program of action consisting
of the following elements:
1. Begin Engineering of new bridge by Volkert and Associates for the purpose of obtaining FDOT approval of construction in '93-94.
2. Immediately effect the further temporary structural improvements recommended by our repair and monitoring consultants Kisinger Campo and Associates Engineers, for the assurance
of structural integrity and continued use of the existing bridge until the new bridge can be constructed.
3. Apply a new bridge toll fee for the purpose of generating funds sufficient to meet the engineering, repair, and debt-retirement requirements associated with the overall program.
The repair project consists of the installation of six steel crutch bents, installation of sacrificial anodes, painting of structural steel, removal of six tie-back pile clusters with
cables, and other related work. During the driving of vertical piles, traffic will be maintained as usual. During the driving of batter piles (slanted), traffic will be maintained
by the alternate use of one lane. During the jacking operations for the insertion of the new beams which rest on the pile supports, the bridge will be closed for short time periods
not noticeably different than that associated with closings for boat traffic.
During all work associated with Pile Bent No. 42 (an especially precarious site) the bridge will be closed for approximately ten days, at a predetermined time for which special routing,
signing and public notification will take place. While the project has been planned for minimum traffic inconvenience, there is no guarantee that bridge reactions to the project activities
will not occasion emergency closings at any time.
Work will begin upon execution of contract and will be completed 180 days thereafter.
Bill Frank and Tom LoCicero, representative of Kisinger, Campo & Associates, explained why repair alternatives that have been suggested are not feasible.
In response to a question, it was indicated that it is unlikely the 15 mph speed limit would be raised after this repair. The weight limitation will be reviewed.
Commissioner Winner moved to approve award of the Clearwater Pass Bridge Repairs Contract, Phase II to Piling & Structures, Inc. of Jacksonville, Florida for the sum of $565,964 and
that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
XI - Other Pending Matters - None.
CITY ATTORNEY REPORTS
XII - Resolutions
Item #47 - Resolution 89-3, Assessing property owners the costs of mowing or clearing owners' lots.
Commissioner Regulski moved to pass and adopt Resolution 89-3 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
XIII - Other City Attorney Items
The City Attorney has provided information to the City Commission addressing his concern regarding the enforcement of the "concurrency" requirement of the Growth Management Act. That
requirement provides that a local government can not issue development orders or permits unless public facilities and services needed for that development are in place or will be in
place when needed. There are instances when the local government issuing the permit does not have jurisdiction over the public facility or service in question. This could place the
local government in a position of denying a permit and then facing litigation although another agency has jurisdiction over the facility that needs to be upgraded.
The City Attorney is requesting repeal of the requirement or an amendment that provides a reasonable alternative for those instances of multiple jurisdictions.
Commissioner Winner moved to add this issue as part of the legislative package. The motion was duly seconded and carried unanimously.
XIV - Verbal Reports - None.
XV - Other Commission Action
Item #48 - Proposed Countywide Library Cooperative for Pinellas County - Commission direction to staff re membership (LIB)
The purpose of and intent of a cooperative is to establish and operate the cooperative to extend library services to the unincorporated areas of the County and of municipalities that
do not have such services and to improve library services to residents of municipalities and library tax districts that have library services.
The City Commission has indicated the following issues need to be addressed before Clearwater decides to participate:
1. Minimum standards
2. Monetary disbursement guidelines
3. Governance of the Cooperative
4. Status of Clearwater citizens regardless of City of
Clearwater membership in the Cooperative with regard
to State Aid.
Participation will be voluntary and open to any governmental unit. Citizens residing in participating areas will be eligible to use the services of member libraries of the Cooperative
without charge. Citizens residing in governmental units or areas not electing to participate will be excluded from the use of the Cooperative's services.
Three members of the Library Board spoke in opposition to the City participating in the Countywide Library System stating the current proposal is not equitable and Clearwater's library
system would be adversely impacted.
Alan Bomstein, representing the Greater Clearwater Chamber of Commerce, presented a Chamber resolution endorsing participation in the Countywide Cooperative Library System. He stated
the $604,000 Clearwater would receive from the Co-operative would benefit the Library System.
Discussion ensued regarding the impact participating in the Co-op would have on the City's Library System. Concerns were raised that the City would lose the $604,000 that might be
beneficial. Concerns were also raised that the impact of the additional patrons of the library would exceed the dollars received from the Co-op. It was stated that Clearwater is not
opposed to a Countywide system but can not support the current proposal unless the areas of concern are addressed.
Commissioner Regulski moved to reaffirm the position of the City of Clearwater not to enter into the interlocal agreement at this time. The motion was duly seconded. Upon the vote
being taken, Commissioners Berfield, Regulski, Winner and Mayor Garvey voted "aye." Commissioner Nunamaker voted "nay." Motion carried.
Mayor Garvey indicated a request that the City co-sponsor the Miss Clearwater beauty pageant has been received. In the past, this pageant had been a part of the Fun 'N' Sun festival
and included in the co-sponsoring of that event.
Commissioner Nunamaker reiterated the need for funds for the support of dredging Dunedin Pass.
Commissioner Regulski moved to approve co-sponsoring the Miss Clearwater beauty pageant. The motion was duly seconded and carried unanimously.
XVI - Adjournment
The meeting adjourned at 11:15 p.m.