01/04/1990 CITY COMMISSION MEETING
January 4, 1990
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, January 4, 1990, at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Don Winner Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner
Richard Fitzgerald Commissioner
Also present:
Ron H. Rabun City Manager
M.A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
James Polatty, Jr. Planning and Development Director
Mary K. Diana Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rev. Alan Gaylord, Skycrest United Methodist Church.
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.
One 20-year service pin was awarded to a City employee.
IV - Introductions and Awards - None.
V - Presentations - None.
VI - Citizens to be heard re items not on the Agenda.
Gabe Cazares offered his services in researching alleged criminal activities by the Scientologists and requested an investigationo be done regarding these actions.
Peter Cafentzis thanked the Commission for continuing the vacation of Devon Drive to January 18th. He requested appropriate staff be permitted to attend a community meeting scheduled
for January 9th to discuss this matter. The City Manager indicated appropriate staff would be in attendance.
VII - PUBLIC HEARINGS
ITEM #9 - Public Hearing & First Reading - Ordinance #4927-90 - Vacating portion of William Brown's Subdivision of Bayview, Lot 4 (Draeger V 89-26)(PW)
The applicant constructed a building which inadvertently encroaches approximately 8 feet into a portion of this easement. There are no City utilities located in this easement and none
are planned at this time. The request has been reviewed by various City departments/divisions and the utility companies and there are no objections.
Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #4927-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4927-90 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
Concern was expressed regarding clear title to the property and it was indicated the vaction will be recorded.
ITEM #10 - Public Hearing & First Reading Ordinances #4920-90, #4921-90 & #4922-90 - Petition for Annexation, RS-8 Zoning and a Land Use Plan Amendment to Low Density Residential for
a lot located at 3000 Carolina Ave., Bayview City Subdivision, Blk 5, Lot 12 (Secure Rental Housing, A 89-21, LUP 89-15)(PLD)
The property is developed with a single family residence. The corner lot is non-conforming with regard to lot width. The property owner is requesting annexation to receive City sewer
service. Staff recommends that the following rights-of-way be included in this annexation: the alley abutting the north side of the lot; that portion of the abutting right-of-way of
Carolina Avenue lying north of a line 330 feet north of and parallel to the centerline of Gulf-to-Bay Boulevard, and a portion of Bayview Avenue lying within a portion of Section 16-29-15.
Commissioner Winner moved to approve the annexation, RS-8 zoning, and Land Use Plan Amendment to Low Density Residential on the subject property. The motion was duly seconded and carried
unanimously.
In response to a question, it was indicated the City's land use plan is compatible with the County's.
The City Attorney presented Ordinance #4920-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4920-90 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
The City Attorney presented Ordinance #4921-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4921-90 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
The City Attorney presented Ordinance #4922-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4922-90 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
ITEM #11 - Public Hearing & First Reading Ordinance #4918-90 - Land Use Plan Amendment to Low Density Residential for property located at 1401 Citrus St., Sunny Park Groves, Blk C, Lot
18 & W 50 feet of Lot 17 (Smyth, LUP 89-15)(PLD)
The Clearwater Comprehensive Land Use Plan, as adopted by the City Commission on November 16, 1989, does not designate a Land Use Plan category for property not under City jurisdiction.
Therefore, all annexations will require a City Land Use amendment and review by the Local Planning Agency. The City Commission finalized the annexation and zoning of this property
by adopting Ordinances #4901-89 and 4902-89 on December 21, 1989.
Commissioner Winner moved to approve the Land Use Plan Amendment on the subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #4918-90 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4918-90 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
ITEM #12 - Public Hearing & First Reading Ordinance #4905-90 - Land Development Code Amendment to Sections 136.022 and 136.025 to establish standards for noncommercial parking as a conditional
use on residentially-zoned property or in the Limited Office District to provide accessory parking for adjoining nonresidential property (LDCA 89-09)(PLD)
This ordinance permits noncommercial parking which is accessory to a primary use on nonresidential property to be provided as a conditional use on adjacent multiple family or Limited
Office zoned property. Noncommercial parking, which is accessory to a primary use on Public/Semi-Public property, may be provided as a conditional use on adjacent single family zoned
property. The use will be limited to overflow parking in single family zones. Safeguards have been established to ensure that the parking lot is compatible with surrounding properties.
Commissioner Winner moved to approve the Land Development Code Amendment. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #4905-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4905-90 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ordinance #4913-89 - Vacating portion of northerly 2 feet of 10-foot utility easement lying along southerly side of Beckett Lake Estates, Blk 4, Lot 3 (Linton/Houtman V89-21)
The City Attorney presented Ordinance #4913-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4913-89 on second and final reading.
The motion was duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
CITY MANAGER REPORTS
VIII - CONSENT AGENDA (Items #14-37) - Approved as submitted.
Bids & Contracts - Awarded.
ITEM #14 - Contract for the purchase of Fire Department Protective Suits to Safety Equipment Company of Tampa, FL, in an amount not to exceed $15,500.00 under Pinellas County Co-Op Bid
#2175 (FD)
ITEM #15 - Contract for the purchase of Fire Department Uniforms to Harrison Uniform Company of St. Petersburg, FL, in an amount not to exceed $17,000.00 under Pinellas County Co-Op
Bid #89-B-319 (FD)
ITEM #16 - Contract for the purchase of 3 on-road, three-wheel, gasoline-driven Cushman Model 454 Utility Police Vehicles to DeBra Turf and Industrial Equipment, Tampa, FL, at a total
cost of $21,443.85 (GS)
ITEM #17 - Contract for the purchase of 7 Gravely Professional Riding Tractor-Type Lawn Mowers to Bob's Quality Mowers, Clearwater, FL, at a total cost of $29,148.00 (GS)
ITEM #18 - Contract for the purchase of 250 Safariland III Model 70 Holsters for Smith and Wesson 659 and 669, 9mm semi-automatic pistols to Oaks Wholesale Distributors, of Rockledge,
FL, at a total cost of $12,125.00 (PD)
ITEM #19 - Contract for the purchase of fencing at Jack Russell Stadium to Hartwell Fence South at an estimated cost of $13,160.00 (PR)
ITEM #20 - Contract for the purchase of 24 Transyt Model 1880E Controller Assemblies from Transyt Corp., Tallahassee, at a cost of $105,264.00 (PW)
ITEM #21 - Contract for the 1989 Gunite Storm Restoration Contract (89-35) to Pneumatic Concrete Company, Inc., of Birmingham, AL, for the sum of $126,410.00 (PW)
ITEM #22 - Contract for Bayshore Blvd./Tampa Bay Water Treatment and Drew Street Stormwater Treatment Project (89-9) to Suncoast Excavating, Inc. of Ozona, FL for the sum of $76,710.00
(PW)
Citizens & Staff Requests - Approved.
ITEM #23 - Request for the City to Co-Sponsor the 1990 Miss Clearwater Pageant (PR)
ITEM #24 - Revised City of Clearwater Local Relocation Policy for residents displaced by federally funded activities (PLD)
ITEM #25 - Approval and Submittal to Local Delegation of Final 1990 Legislative Package (CM)
Change Orders - Approved.
ITEM #26 - Ratify and confirm the City Manager's approval under emergency conditions of the Change Order, dated Dec. 11, 1989, increasing the contract to Kleen All of America, Inc. by
$23,552.00 for a total of $47,213.00 to
complete asbestos removal at the Clearwater Beach Recreation Center (PW)
There was discussion on the cost need of removing the asbestos at the Clearwater Beach Recreation Center. It was indicated all OSHA and federal requirements were being followed and
that the most cost-effective action was selected with the more cost-effective action being taken.
ITEM #27 - Change Order No. 1 to the contract for the East Advanced Pollution Control Facility, increasing the contract amount by $31,213.00, for a total of $13,911,213.00 (PW)
Plans & Plats - Approved.
ITEM #28 - Preliminary Master Site Plan for Carlisle Motors located at 2085 Gulf-to-Bay Blvd., M&B 42.01 and Bamboo Resub., Lot 1 (SDS Investments, PSP 89-37)(PLD) - Authorize review
of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the details and time table for all phases of development shall
be provided in the site calculations on the final site plan for D.R.C. review; 2) utilities and all requisite content requirements of Section 137.010 must be provided on the final site
plan for D.R.C. review; 3) the dumpster locations, shielding and orientation shall be provided on the final site plan for D.R.C review;
4) as the City's Comprehensive Plan calls for 122 feet of right-of-way for Gulf-to-Bay Blvd and there is presently only 50 feet 1/2 right-of-way, an 11-foot drainage and utility easement
must be provided along Gulf-to-Bay Blvd;
5) the widths of perimeter buffers shall be dimensioned on the site plan for D.R.C. review; 6) the striping in the northeast corner of the site must be identified on the final site plan
as allowed by Traffic Engineering prior to D.R.C. review; 7) the portions of the site to which there is no change must be identified on the final site plan (so that open space requirements
can be calculated) prior to D.R.C. review; and 8) signs and fencing/walls are subject to separate review and permitting processes.
ITEM #29 - Preliminary Site Plan for Osceola Inn located at the NE corner of Drew St. and Osceola Ave., T.H. Kingston, Lots 1-3, Hayden's Estate Revised, Lot 2, M&B 43.09, 43.10 & 43.101
(PSP 89-38) (PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) approval of the related
29-space parking variance shall be obtained prior to D.R.C. review of the final site plan or the site plan shall be revised accordingly; 2) the parking calculations must be revised on
the site plan in accordance with the variance application, prior to submittal of the final site plan for D.R.C. review;
3) the dumpster locations are subject to approval by Sanitation Department with any necessary revisions to be made to the site plan prior to submittal for D.R.C. review; 4) fifteen (15)
foot corner easements for utilities/sidewalks at Jones/Osceola and Osceola/Drew shall be provided; 5) all vehicular areas must be located a minimum of 3 feet from property lines; 6)
parking lots shall be dimensioned on the site plan in accordance with the Land Development Code prior to D.R.C. review; 7) handicapped spaces must be provided on the site plan in accordance
with the Land Development Code/State Law prior to D.R.C. review; and 8) signs and fencing/walls are subject to separate review and permitting processes.
ITEM #30 - Preliminary Subdivision Plat for Lokey Oldsmobile Used Cars (The Bank, Florida Bank of Commerce site) located at 2336-2363 Gulf-to-Bay Blvd., M&B 31.04 (SUB 89-12)(PLD) -
Authorize review of preliminary plat with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) this preliminary subdivision shall not be
approved by D.R.C. until the preliminary subdivision plat for the adjacent one-lot parcel is reviewed by the City Commission; 2) a one-page, two-lot preliminary subdivision plat, with
the proposed subdivision name, lot sizes, and
dimensions shall be submitted for D.R.C. review; 3) the supplementary drawings shall be revised with parking calculations to indicate compliance with code requirements for both developments
prior to D.R.C. review; and 4) signs and fencing/walls are subject to separate review and permitting processes.
Receipt & Referral - Received and Referred.
ITEM #31 - Petition for Annexation, RS-8 Zoning and a Land Use Designation of Low Density Residential for a lot located at 3037 Virginia Ave., Bayview City Subdivision, Blk 2, Lot 4,
(Community Homes, Inc., A 89-23, LUP 89-18)(PLD)
ITEM #32 - Petition for Annexation, RS-4 Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel located at 992 Regent Ave., M&B 33.07, Sec. 13-29-15 (Dickinson,
A 89-24, LUP 89-19)(PLD)
ITEM #33 - Petition for Annexation, Public/Semi-Public Zoning and a Land Use Amendment to Public/Semi-Public for a parcel located at 3130 McMullen-Booth Rd., M&B 23.11, Sec. 21-28-16
(Hardy, A 89-25, LUP 89-20)(PLD).
CITY ATTORNEY
Agreements, Deeds & Easements - Approved.
ITEM #34 - Sewer Lien Agreement - W 67 feet of Cleardun Subdivision, Blk B, Lots 5 - 8, (Donna Clark-Widman and Marie Clark)
ITEM #35 - Quit-Claim Deed - portion of NW 1/4 of the NW 1/4 of Section 9-29-16 (McMullen-Booth, Ltd.)
ITEM #36 - Easement Agreement - 10 foot (10') water and gas main easement lying five feet (5') each side of existing water and gas mains up to and including all hydrants and meters,
excluding any portion of said mains that may lie beneath any building, located in Section 17-28-16 - Clearwater Mall (Trizec Properties, Inc.)
ITEM #37 - Water Main Easement - 10 foot water main easement over portion of Lot 17, Clearwater Industrial Park (National Data Products, Inc.)
Commissioner Regulski 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.
IX - OTHER ITEMS ON CITY MANAGER REPORT
ITEM #38 - Library Board - 1 appointment (CLK)
Commissioner Winner moved to re-appoint Frederick Dunn. The motion was duly seconded and carried unanimously.
ITEM #39 - Parks and Recreation Board - 1 appointment (CLK)
Commissioner Winner moved to appoint Henry Cruise. The motion was duly seconded and carried unanimously.
ITEM #40 - North Greenwood Design Review Committee - 2 appointments (CLK)
There was discussion regarding appointments to the North Greenwood Design Committee. It was pointed out that even though all members have not been appointed, this committee is considered
to be in operation.
Commissioner Regulski moved to continue this item. The motion was duly
seconded and carried unanimously.
X - Other Pending Matters - None.
CITY ATTORNEY REPORTS
XI - First Reading Ordinances
ITEM #41 - (Continued from 10-19-89) - Ordinance #4886-89 - Relating to fire alarms and security alarms.
Commissioner Regulski moved to continue this item to the meeting of January 18, 1990. The motion was duly seconded and carried unanimously.
XII - Resolutions
ITEM #42 - Resolution #90-64 - Assessing the owners of property the costs of mowing or clearing owners' lots.
Commissioner Winner moved to pass and adopt Resolution #90-64 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
ITEM #43 - Resolution #90-65 - Renaming Clearwater Pass Avenue between the toll plaza on Sand Key and Bayway Blvd. on Clearwater Beach, as Gulf Boulevard.
Discussion ensued as to how Clearwater Pass Avenue got its name. It was pointed out that the name change will only affect the address of one business.
Commissioner Regulski moved to pass and adopt Resolution #90-65 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
XIII - Other City Attorney Items
ITEM #44 - Partial Release of Mortgage; Rehab Loan RL-634, First Addition to Sunset Point Sub, Blk F, the south 32 feet MOL of Lot 45, located on Springtime Ave.
The City has a rehabilitation loan mortgage on Lots 44 and 45. The present owners of Lot 46 discovered that the City mortgage covers a small portion of their property. They purchased
the south 3.2 feet MOL of Lot 45 in 1977 as a solution to a fence encroachment. According to staff, releasing the south 3.2 feet MOL of Lot 45 will not impair the City's interest.
The error occurred because the legal description for the mortgage was prepared from a deed of the borrower rather than a title policy which indicated the exception of the 3.2 feet.
The owners of Lot 46 and the south 3.2 feet MOL of Lot 45 are selling their property and the closing is scheduled for January 15, 1990.
Commissioner Regulski moved to approve the partial release of mortgage and authorize the appropriate official to execute same. The motion was duly seconded and carried unanimously.
The City Attorney reported that the Litigation Update is ready for distribution.
XIV - City Manager Verbal Reports
The City Manager reported David Volkert Associates, the bridge consultant for the Clearwater Pass Bridge, has requested scheduling a meeting on January 26th at the City Hall Annex Community
Room from 6:00 p.m. to 8:00 p.m. Consensus was to schedule. The City Manager reported a status report on the Clearwater Pass Bridge is being prepared for the January 16th work session.
XV - Other Commission Action
Commissioner Nunamaker requested the Commission consider sponsoring a float in the Fun 'N' Sun parade with participants being children eligible for adoption. Suggestion was made to
contact appropriate agencies for their views.
Commissioner Winner requested City Attorney provide the Commission with any information on Seville as soon as it is available.
Mayor Garvey pointed out the next work session will be held on Tuesday, January 16, 1990, due to the Martin Luther King Parade on January 15, 1990. She encouraged participation in
the parade.
XVI - Adjournment
The meeting adjourned at 6:50 p.m.