08/02/1990 CITY COMMISSION MEETING
August 2, 1990
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 2, 1990 at 6:01 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Richard Fitzgerald Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner
Sue Berfield 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
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rev. Mac J. Williams of Mt. Carmel Baptist 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 service pin was awarded to a City employee.
IV - Introductions and Awards - none.
V - Presentations - none.
VI - Minutes of the Regular Meeting of July 19, 1990 and Special Meetings of April 12, May 30, and July 16, 1990.
Mayor Garvey requested the July 19, 1990 minutes regarding Item #39 be amended to reflect that each Commissioner will appoint one representative to the Environmental Advisory Committee
for a term of three years with the remaining five members of the ten member committee being appointed by a vote of the full Commission.
Commissioner Berfield moved to approve the minutes of the regular meeting of July 19, 1990 as amended, and the special meetings of April 12, May 30, and July 16, 1990, 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.
Mrs. Cook of Highland Pines Estates complained regarding overgrowth on Flagler Avenue at the railroad and requested this area be cleaned up.
Ray Fagan complimented the new telephone service in the Utilities Accounts section.
William Scarrit questioned if the goal was to institute curbside pickup for recycling. Bill Baker indicated this was the goal.
C. D. Rayborn expressed concern that bicyclists need to be educated not to ride facing traffic. Mayor Garvey indicated there are bicycle training programs in place.
VIII - PUBLIC HEARINGS
ITEM #9 - Public Hearing & First Reading Ordinance #5007-90 - Vacating easterly 5 ft of the existing 10 ft drainage and utility easement, Northwood Estates, Tract C, Blk D, rear of Lot
3 (Farrell V90-07)(PW)
The applicant is requesting the vacation as the swimming pool and deck are currently encroaching into the easement. According to City atlases, the City does not have any utilities
within this easement. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections.
Commissioner Regulski moved to approve the vacation request. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5007-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5007-90 on first reading. The motion was
duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #10 - Public Hearing - Gulf Blvd. Sidewalk Installation on Sand Key, adjust and equalize the assessments, approve the final assessment roll and adopt Resolution #90-35 (PW)
The City Commission passed and adopted Resolution #90-28 on June 21, 1990, declaring its intent to make certain public improvements, namely the construction and extension of sidewalks
along Gulf Boulevard on Sand Key. The Commission also passed and adopted Resolution #90-29 on the same date establishing the date, time and place of a public hearing for the construction
of the sidewalks.
Section 170.09 of the Florida Statutes requires that the Commission make a final decision as to whether to levy the assessment and "shall adjust and equalize the assessments on a basis
of justice and right."
The sidewalks to be constructed under this project will complete the walks on Gulf Boulevard, providing continuous sidewalks along both sides of Gulf Boulevard between the south City
limits of Clearwater and the Sand Key Bridge.
A question arose as to whether or not a bicycle trail in this area was being considered along with the sidewalks and it was indicated this would be better investigated with the Gulf
Boulevard widening project.
The City Attorney stated Florida Statutes limits the interest rate to 8 percent for such projects. This resolution reflects that rate.
Commissioner Fitzgerald moved to approve the final assessment roll for the 1990 Gulf Boulevard Sidewalk Construction Project and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution No. 90-35 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-35. The motion was duly seconded. Upon roll
call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #11 - (Continued from 7/19/90) Declare surplus part of Sec. 19-27-17 & part of Tracts 3-6&12, Hillsborough County (66.2 acres mol) for the purpose of exchanging for Island Estates
Unit 5, Blk D, Lot 7; both parcels having been appraised at a value of $430,000.00 each (Windward Reflections Inc./Rex Harper) (CM)
Pursuant to direction by the City Commission, staff needs additional time to renegotiate the terms and conditions of the land swap. It is requested this item be withdrawn.
Commissioner Fitzgerald moved to withdraw this item. The motion was duly seconded and carried unanimously.
ITEM #12 - Public Hearing regarding Biannual Amendments to Comprehensive Plan (PLD)
The City processes amendments to the Comprehensive Plan in June and December. Submittal must be made to the Florida Department of Community Affairs on or before August 31, 1990 to
meet State agency processing deadlines.
The proposed amendments were reviewed at public hearings by the Planning and Zoning Board on July 17, 1990 and July 31, 1990. The Commission will hold a second public hearing on August
16, 1990.
Planning & Development Director James Polatty reviewed the proposed amendments and the revisions to these amendments brought about by questions raised at the Work Session of July 30,
1990 and by recommendations made by the Planning & Zoning Board on July 31, 1990.
Commissioner Fitzgerald moved to approve the biannual amendments to the City of Clearwater Comprehensive Plan as amended in Exhibit A attached hereto, and as such, made a part of the
minutes. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ordinance #5006-90 - Vacating portion of drainage and utility easement Morningside Estates Sub., Unit 1, Lot 126 (Nicolas V90-6)
The City Attorney presented Ordinance #5006-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5006-90 on second and final reading.
The motion was duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CITY MANAGER REPORTS
IX - CONSENT AGENDA (Items #14-#26) - Approved as submitted less Items #23 and #25.
Agreements - Approved.
ITEM #14 - Consent to Assignment and Assumption of Municipal Agreements transferring the interest in the Park Street Garage and the Maintenance and
Operation Agreement from Mack Clearwater Limited Partnership to Maria Real Estate Inc. (ED)
ITEM #15 - Florida Power Corporation Work Authorization and Agreement for Facilities Installation at the Northeast Advanced Pollution Control Facility for $15,320.00. (PW)
Bids & Contracts - Awarded.
ITEM #16 - Contract for general purpose paint to Havco Paints, Inc., Clearwater, FL for period 10/1/90-9/30/91 for an estimated cost of $13,061.60 (AS)
ITEM #17 - Five year Radio Maintenance contract for the Fire Department emergency dispatch radio system to Motorola, Inc. for period 10/1/90-9/30/95 for a total of $41,130.00 (FD)
ITEM #18 - Contract for the hauling of rock, sand and shell to Norred Trucking Co., Tampa, FL for period of 10/1/90-9/30/91 for an estimated cost of $56,950.00 (PW)
ITEM #19 - Contract for 3/4" #57 Aggregate to Florida Crushed Stone Co., Leesburg, FL for the period 10/1/90-9/30/91 for estimated cost of $41,860.00 (PW)
ITEM #20 - Amendment to Contract for hauling of rock, sand, and the hauling and furnishing of shell to Norred Trucking Company increasing the amount by $20,000.00 for a new total of
$95,820.00 (PW)
ITEM #21 - Amendment to the contract for purchasing 3/4" #57 Aggregate to Florida Crushed Stone increasing the amount by $12,000.00 for a new total of $52,185.00 (PW)
ITEM #22 - Contract for Republication of the City Code of Ordinances by Municipal Code Corporation (MCC), Tallahassee, FL for approximately $23,750.00 (CLK)
Citizens & Staff Requests - Approved.
ITEM #23 - See below.
Receipt & Referral - Received and Referred less Item #25.
ITEM #24 - Land Use Plan Amendment to Public/Semi-Public and a Zoning Amendment to P/SP for two parcels (.4 acres), the first located at the SW corner of Woodlawn St. and Prospect Ave.
and the second located at 1516 Prospect Ave., Belmont 2nd Add., Blk C, Lots 1-4 and 8-10 (Woodlawn Church of God Z90-04, LUP90-13)(PLD)
ITEM #25 - See page 6.
CITY ATTORNEY
Agreements, Deeds & Easements - Accepted.
ITEM #26 - Drainage, utility and sidewalk easement - Grove Circle Sub., E 17 ft of Lot 16. (South, Aguiar and Bishara)
Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #23 and #25 and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
ITEM #23- Authorize negotiation regarding Property Exchange Between Clearwater Christian College, City of Clearwater and Pinellas County in Cooper's Point Area
(PLD)
Clearwater Christian College owns approximately 20 acres of wetlands and approximately 2 acres of uplands. Due to environmental constraints, the upland areas may not be developable
for the college's purposes.
The City is presently in a dispute with the County as to the appropriate land use designation for the upland portion of the college owned property. The property is designated as open
space on the countywide land use plan. The City has the upland property currently designated as low density residential, but has proposed a public/semi-public designation. The County
Commission, acting as the Local Planning Agency, has denied the City's proposed reclassification. An appeal by the City of the County's decision is tentatively scheduled for November
1990.
James Bauman, Executive Vice President of the college, has proposed to exchange the college's 22 acres of low density residential and conservation property for approximately four acres
of generally upland property jointly owned by the City and County and designated for conservation. The proposed exchange appears to be mutually beneficial in that the City and County
will gain a plus 16 acre net increase in conservation land, while the college will obtain additional upland property having better access and potential development characteristics for
college uses. The City has indicated there may be a need to retain a small part of this parcel for future public access purposes.
Further work by staff is needed to fully determine the environmental issues involved in this proposed property exchange. Staff is seeking approval to initiate negotiations with both
the Pinellas County staff and Clearwater Christian College concerning this proposed exchange of property.
Concerns were expressed regarding access to the property and how the college planned to use the property.
Mr. Bauman explained the proposal indicated they would continue to provide access to Cooper's Point, they would address the parking problems and they wished to develop parks and recreation
facilities on parks and recreation zoned land.
In response to a question, it was indicated the County has requested the City to act first. Mr. Bauman said the County has indicated they are in agreement with the proposal.
Commissioner Regulski moved to authorize negotiations with Pinellas County and Clearwater Christian College regarding the property exchange in the Cooper's Point area. The motion was
duly seconded and carried unanimously.
ITEM #25 - Land Development Code Amendments Required by the Clearwater Comprehensive Plan (PLD)
The City of Clearwater Comprehensive Plan established a number of Land Development Code amendments for Commission consideration. Staff has identified twenty specific required amendments
set out in the Plan.
The first phase consists of twelve code amendments required by the Comprehensive Plan, and two other code amendments directly related to the Plan. These amendments are the product
of staff efforts and the work of two consulting firms, Taub & Williams and Wade-Trim, retained by staff to assist in the preparation of a number of Land Development Code amendments,
including several of these in this first phase.
Following is a summary description of those amendments:
A. Transfer of Development Rights - These two amendments forward policies of the Comprehensive Plan by establishing review criteria for transfers of development rights, as well as promoting
the use of the transfer of development rights concept by permitting variances to be considered when transfers are used.
B. AL/I Vegetative Buffers - This amendment establishes a requirement for maintenance of vegetative buffers along the borders of Aquatic Lands - Interior zoning districts to promote
improved water quality.
C. Redevelopment of Barrier Islands - These amendments establish density rights for nonconforming land uses on barrier islands, consistent with the requirements of the Comprehensive
Plan.
D. Community Character in Conditional Uses - This amendment permits the consideration of "community character" in the issuance of conditional use permits, consistent with Comprehensive
Plan requirements.
E. Marina Siting Standards - The specific conditional use permit standards for marina approval are strengthened in accordance with the requirements of several Comprehensive Plan policies.
F. Nuisance Uses - The amendment proposed here is the initial step in a comprehensive revision of City nuisance codes.
G. Landscaping Standards/Native Vegetation - These amendments clarify and consolidate street right of way, buffer, perimeter and interior landscaping standards, as well as providing
for the increased use of native vegetation in meeting landscaping requirements. Increased landscaping requirements along arterial and collector rights of way are established, along
with more specific requirements concerning size, spacing and type of plan materials. Increased buffering requirements are provided, including the width of the buffer strip and the height
of the buffer. Also, the size of a parking lot requiring interior landscaping has been reduced.
H. Utility Stations and Substations - Specific conditional use permit requirements are established for the construction of utility stations and substations in City zoning districts
in accordance with Comprehensive Plan requirements and State law.
I. Historic Preservation Ordinance - A historic preservation ordinance is created by these amendments that will allow the City's historic structures and neighborhoods to be better protected
and preserved. It should be noted that this ordinance merely establishes a framework for such preservation efforts, and does not actually designate any areas to be covered by historic
preservation regulations. This latter work will have to occur in separate public hearings in the future.
J. Wellhead Protection Ordinance - These code amendments provide specific land use and other regulatory requirements necessary to protect public well-sites within the city limits from
possible pollutants and contaminants. (This item has been held back for some final revisions. It is anticipated to be brought to the Commission for receipt and referral on August 16,
1990.)
K. Net Density - This amendment modifying the definition of "net density" has been recommended in the "Healey Report" as a way to simplify the City's land development regulations.
L. Post-Disaster Redevelopment Variances - Consistent with the Comprehensive Plan, post-disaster variances to dimensional requirements are not to be permitted unless other hardships
exist.
M. Bayshore Boulevard as a Scenic Corridor - These amendments strengthen an earlier Commission resolution that established Bayshore Boulevard as a scenic corridor.
N. Development Densities Seaward of the CCCL - This amendment prohibits the assignment of density to properties seaward of the Coastal Construction Control Line in accordance with Plan
policies.
In response to July 30th work session concerns and suggestions regarding the Land Development Code amendments, staff has made the following changes:
Item A - Transfer of Development Rights
Withdraw draft proposal to permit variances for transfer of development rights projects.
Item G - Landscaping Standards
Revise the beginning of subsection c.(1) to read:
From street rights-of-way. A landscaped strip shall be provided between any nonresidential and multi family development and all street rights-of-way; excluding... .
Item K - Net Density
Withdraw this item revising the definition of net density until the full effect of the Pinellas Planning Council consistency program is known. (The Commission has indicated a desire
to not permit a density increase as a result of this proposed amendment.)
Commissioner Regulski moved to receive the draft Land Development Code amendments as amended and refer them to the City Clerk to be advertised for public hearing. The motion was duly
seconded and carried unanimously.
ITEM #27 - Interlocal Agreement for stormwater rehabilitation project for Del Oro Subdivision (PW)
The Southwest Florida Water Management District's Surface Water Improvement and Management (S.W.I.M.) Program has identified Tampa Bay as a priority water body for protection. Municipal
and county public works projects which are designed to treat stormwater runoff from existing development discharging to Tampa Bay are eligible for matching grant funding from the District.
A stormwater drainage system for the Del Oro Groves Subdivision on the shore of Tampa Bay was constructed in the early 1960's. Stormwater collected from the residential streets of
this subdivision are piped underground through Del Oro park with direct discharges to Tampa Bay. If this stormwater flow could be interrupted and routed through a natural retention/wetland
system, considerable water quality treatment could take place. If properly designed and maintained, the wetland area will also have educational value for those interested in how citizens,
city and state governments can work together to help protect the water quality of Tampa Bay. Educational exhibits can be constructed in conjunction with observational boardwalks and
interpretive displays throughout the wetland treatment area which point out how natural systems can work to treat urban runoff. The area can still be used and enjoyed by the residents
as a passive park.
On September 14, 1989, the City submitted a concept application to the District for grant funding for a S.W.I.M project in Del Oro Groves park in competition with 36 other projects
submitted from the immediate Tampa Bay area.
The City of Clearwater's conceptual proposal was selected, along with 16 other projects, by the District for grant assistance. An interlocal agreement between the Water Management
District and the City of Clearwater is required to
begin the actual design of the concept described by the City. In the interlocal agreement, the District agrees to pay $220,000 towards the design and construction of the project. The
City would agree to provide a $25,000 cash contribution with additional in-kind services of construction management and maintenance of the project. Since actual design has not been
performed, several conceptual drawings have been prepared to describe what may be appropriate for the property to accomplish the water treatment and educational goals shared by the City
and the State for this public property.
The agreement provides for City participation in the review of the design of the project. The City shall also be allowed to approve any final design prior to the District's consultant
applying for permits or advertising for bids for construction of the project. This City latitude to make a "go/no go" decision following the completion of design is important to ensure
that the project has an outstanding chance for success as a natural treatment site, has a reasonable long-term maintenance requirement which the City can manage, and is compatible with
the existing passive recreational uses in this open space area.
In conjunction with the District's S.W.I.M grant program, Tampa Bay has been designated by the EPA as an estuary of national significance. In this prominent position, one of 17 such
estuaries in the United States, increased studies over the next five years will be made of the impacts of stormwater runoff and other non-point sources of pollution upon Tampa Bay.
Following this five year period of federal, state, and local sponsored research, there may be increased emphasis from the regulatory arm of the Environmental Protection Agency (EPA)
and the Department of Environmental Regulations (DER) for the treatment of existing stormwater discharges to Tampa Bay wherever possible. This potential regulatory program will come
on the heels of another existing regulatory program directed by DER and EPA for NPDES water quality performance permitting of stormwater outfalls for cities of 100,000 and greater, effective
in 1992/93. The combined impact of these two state and federal programs foreshadows the possibility of regulatory requirements for stormwater retrofit work of the type conceived in
Clearwater's grant application.
While stormwater runoff pollution from the Del Oro Groves coastal drainage basin does not have the same magnitude of impact upon Upper Tampa Bay when compared to much larger drainage
basins in the City of Clearwater, such as Alligator Creek, it is one of the few sites under City ownership where stormwater treatment retrofit projects for Tampa Bay can be constructed.
The District also recognizes the demonstration value that the Del Oro Groves proposal can have as a water quality and educational project because of its manageable proportions. If
the project is not implemented by the District and the City under the general guidelines of this voluntary grant program and interlocal agreement, the City will see no immediate consequence.
However, in a future regulatory climate, the City may one day return to this property to construct a stormwater retrofit project as a regulatory requirement without the assistance from
grant sources.
Staff believes it is highly advantageous and cost effective to enter into the interlocal agreement between the District and the City, with the proper "go/no go" decision authority reserved
to the City Commission following completion of the design stage of the project.
The City Manager stated the agreement has been amended to more clearly state that the City can terminate the agreement if later dissatisfied with the design of the project.
Mike Perry, S.W.I.M. Department Director, indicated this program is a way of dealing with surface water bodies statewide. Nine water bodies have been identified in need of improvement
with Tampa Bay being the first priority to be addressed. He indicated extensive urbanization has degraded water quality with
most pollutants coming from urban runoff. He said one way of dealing with this problem is to retrofit older developments indicating the importance of managing and maintaining retention
systems.
Assistant City Manager Charles Hunsicker indicated several projects had been reviewed and it was felt Clearwater's proposal would have the most impact, be affordable and represent an
opportunity for the District and the City to develop a design to purify stormwater before it enters Tampa Bay. He indicated the District is trying to work with each government staying
within a set amount of funds.
Three citizens spoke in opposition to the project questioning whether the proposed system will work, whether it can be completed with the funds allocated, if in times of drought, whether
the ponds will become dry depressions destroying the beauty of the parkland, who will be liable for the ponds and will they require fencing, whether other sites had been considered and
whether water samples were taken from outfalls of Del Oro to determine contamination coming from that area. Concerns were expressed regarding the legality of the project due to the
property being purchased with funds designated for parks and recreational facilities and whether the proposed pond was sufficient to take care of 1-inch of rainfall. They requested
more research be done before a proposal is approved.
The City Attorney indicated the City acquired the property without use restrictions in the deed. He also felt there was nothing in this project that would make it incompatible with
a park.
In response to the above, Mr. Perry stated this state of the art stormwater technique has been used in other areas and he indicated it would have to be maintained. He indicated recent
water samples have not been taken from Del Oro Groves; however, he said enough work has been done on typical urban areas to determine typical pollutants such as fertilizers, grease and
oil and sediments. He said that by containing the first 1/2-1 inch of rainfall, 90 percent of the pollutants are captured. In new developments, stormwater is being dealt with through
retention ponds sized to handle and treat that first 1/2-1 inch of rainfall. He said the conceptual drawing merely gives an idea of what will take place and the design of the pond would
determine whether or not it would go dry. He said many sites are being considered around Tampa Bay with site selections being made in cooperation and coordination with all local governments.
In response to a question, Mr. Perry indicated other area projects include two lake systems in St. Petersburg, three sites in Tampa and they are presently working with Pinellas County
to find a site.
Mr. Perry indicated they will work to keep the cost of the project within the budget; however, the ultimate budget will depend on the actual design.
Mr. Hunsicker indicated the City will maintain the project. He said the Department of Environmental Regulation (DER) will decide whether the existing wetland areas can be used.
A question was raised regarding whether or not the volume of water to be retained/detained would be 1/2-1 inch over the drainage basin and Mr. Perry indicated optimum depth requirements
will be considered in the design.
A question was raised regarding flooding flushing out the pond and Public Works Director Bill Baker indicated a detention pond designed for water quality only handles the first 1/2-1
inch and is not designed for major floods.
Concern was expressed regarding the proposed project only addressing water quality and not quantity. Questions were raised as to whether or not other sites had been investigated.
Commissioner Regulski moved not to approve the interlocal agreement and direct staff to find a more efficient and economical site to use this sum of monies to accomplish the combined
purposes for stormwater quantity and quality improvements and control. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker, Fitzgerald and Berfield
voted "aye," Mayor Garvey voted "nay." Motion carried.
ITEM #28 - Pinellas Trail Route through downtown Clearwater (PR)
At the City Commission meeting of June 21, 1990, two "on street" routes were presented for the segment of the Pinellas Trail through downtown Clearwater. Because of various reasons,
including resident opposition, a route was not approved. During discussion, that portion of the route on East Avenue between Drew and Turner Streets appeared to have tentative approval.
However, for the segment south of Turner Street, staff was directed to (1) investigate the ownership of the East Avenue right of way that contains the active railroad lines and (2)
to review optional routes that did not go through residential areas.
As per Commission direction, a title search was performed on the East Avenue right of way from Park Street to Jeffords Street. This search indicated that the railroad was granted,
by an agreement in 1914, the right to operate and maintain the tracks on East Avenue right of way "extending not less than 12-1/2 feet at right angles on each side of the center line
of the main track of railroad". It is determined that the railroad has claim to 25 feet of this 50 foot right of way, and believed that the County, with City approval, can construct
a 10 foot bicycle path on the platted portion of the right of way that is not controlled by C.S.X. Railroad from Turner Street to Jeffords Street. Concurrence is expected from the railroad.
Routes that do not transverse residential neighborhoods are rather limited. The nonresidential route recommended by staff takes as much advantage of the railroad right of way as possible.
Specifically, from the intersection of the abandoned railroad right of way and Jones Street, the "on street" route will go west to Garden Avenue, south to Hendricks Street and east
to East Avenue. East Avenue, from Drew Street to Turner Street, will be changed to one way vehicular traffic southbound. Parking and southbound automobile traffic will remain on the
west side of the active railroad tracks. On the east side of the tracks, northbound traffic will be removed and replaced with the two way bicycle route south to Turner Street. The
paved portion of East Avenue ends at Turner Street, but the active railroad tracks and the platted right of way continue south. Absent unforeseen developments, the route will continue
south from Turner Street via the construction of a 10 foot wide asphalt trail along the west side of the platted East Avenue right of way to Jeffords Street, running parallel to the
tracks. At Jeffords Street, the trail will go west approximately one block to the abandoned Seaboard Coastline right of way where it will turn south to Lakeview Road. The trail will
turn west with a sidewalk being constructed along the north side of the Lakeview right of way to Fort Harrison Avenue. After crossing Fort Harrison at the traffic signal, the trail
will turn south and continue on existing and new sidewalk along the west side of the Fort Harrison right of way to where it will connect with the south ending of the abandoned railroad
right of way.
Parks & Recreation Director Ream Wilson reviewed the proposed route for the Pinellas Trail segment through downtown Clearwater.
Police Chief Sid Klein stated research has determined the trails themselves do not generate significant crime problems. He expressed concern regarding policing problems to the north
of the trail. He said the County is planning to hire five park rangers responsible for patrol of the entire length of the trail during the daylight hours. He indicated that from a
purely patrol perspective it
would be more sensible to stay with some variation of the current proposal.
Concern was expressed regarding patrol of the trail after dark.
Ned Baier, Pinellas County, indicated that a staff study of recreational trails showed an increase in property values and little incidence of crime. He said support and interest for
the trail has been expressed by the real estate community and small businesses.
Concern was expressed in regard to safety due to the trail being adjacent to an active railroad line. It was indicated there were only two trains daily during the daylight hours and
that a fence could be constructed. Mr. Baier indicated safety and security concerns are usually associated with abandoned railroad corridors and he felt the trail would help to preserve
the railroad right-of-way.
Commissioner Nunamaker expressed his opposition and presented letters from several businesses opposing the trail passing through the industrial area. Concerns were expressed regarding
devaluation of property and safety.
Eight citizens spoke in opposition to the proposed route expressing concerns regarding traffic, elimination of parking spaces, cost of the project, emergency vehicle access if part
of East Avenue becomes one-way and liability in being located near an active railroad. It was also requested that a beach route be considered and a question was raised regarding why
the route had to be continuous.
It was noted the trail was being funded by the County using the one-cent extra sales tax.
Commissioner Regulski moved to approve the Pinellas Trail route segment through downtown Clearwater as submitted. The motion was duly seconded. Upon the vote being taken, Commissioners
Regulski, Fitzgerald, Berfield and Mayor Garvey voted "aye," Commissioner Nunamaker voted "nay." Motion carried.
ITEM #29 - Preliminary Site Plan for Island Estates Dry Storage Marina (1.1 acres m.o.l.)(Addition/Renovations) located at 271 Windward Passage, Island Estates Unit 5, Blk C, Lots 6,
7 & 8 (Neuhaus/Gaylor PSP90-11)(PLD)
The applicant is proposing to modify the existing high dry storage structure by raising the roof to add two additional levels of boats to the existing one level and, thereby, increase
storage from 42 boats to a total storage of 126 boats. According to the developer's architect, the height of the structure will meet the 50 foot maximum height restriction of the CG
District for which the property is zoned. The applicant proposes to redevelop the east side of the site, which was previously used for outdoor service, and the south side of the site
into parking areas to provide parking for the additional boat storage. These parking areas must be landscaped in accordance with code requirements. The parking area on the east side
of the site will be accessible from one driveway off Windward Passage and the southerly parking area will also be accessible from Windward Passage via an existing City owned parking
area for the Clearwater Marine Science Center. The Traffic Engineer is recommending that the affected portion of the City owned parking area/easement be shown on the site plan for determination
that the new parking area will be consistent with the existing parking lot.
The roof addition requires approval of setback variances as the existing structure does not conform to current minimum requirements in the CG district. Also, the expansion of the marina
(storage) facility requires conditional use approval.
The Traffic Engineer has determined that a traffic impact study is not necessary as it has been determined that the traffic impact will be negligible.
Planning & Development Director James Polatty stated the applicant meets the front yard open space and parking requirements. Concerns were expressed regarding accessibility to the
property.
In response to a question, the City Attorney indicated the City retained a non-exclusive easement when the property was conveyed to the Marine Science Center. He indicated if the easement
is now being used for vehicular traffic, it would be difficult to press the reverter clause.
Mr. Polatty indicated use of the easement could be addressed at final site plan approval.
The City Attorney pointed out that approval for use of the easement will be required from the Marine Science Center.
Mike Gaylor, engineer for the project, indicated a verbal agreement has been received from the Marine Science Center. He said it appears they have right of ingress/egress via the existing
non-exclusive easement.
In response to a question, it was indicated the area on the east side of the property is not a road right-of-way and will be used for parking.
Commissioner Regulski moved to accept and forward through the process the preliminary site plan and authorize final action by the City Commission subject to the following conditions:
1) the site plan shall be revised showing enough of the City parking lot to determine that the new southerly parking on the subject site will work, prior to submittal of the final site
plan for review by the D.R.C.; 2) the limits of the parking/vehicular easement on City property shall be provided on the site plan for D.R.C. review.; 3) the existing and proposed height
of the structure shall be given in accordance with the CG height limitation on the final site plan for D.R.C. review; 4) the 50% minimum open space requirement for the front yard shall
be provided on the site plan prior to D.R.C. review; 5) the rollout dumpster is subject to Sanitation approval prior to certification of the final site plan; 6) the developer must meet
with the City's Environmental Management Division for compliance with the landscaping requirements for the proposed parking areas, prior to submittal of the final site plan for D.R.C.
review; and 7) signs and fencing/walls are subject to separate review and permitting processes and 8) come back to the City Commission for final approval. The motion was duly seconded
and carried unanimously.
ITEM #30 - Receipt & Referral of Rezoning and Master RPD 22.3 Site Plan - Post Harbour, Wm. Brown Sub., Lots 10-12 and Bay Heights, part of Lots 1-8 (Z90-06)(PLD)
The applicant is requesting approval of a residential planned development for 216 multiple family units to be constructed on the 10.544 acre site, currently zoned RM-28 (3.955 acres)
and RM-16 (6.589 acres). In order to encourage the protection of valuable environmental and open space areas on the site and allow the transfer of development rights across the land
use classification and zoning district boundary lines, the transfer of development rights is being requested. The rezoning is also being requested for the same reason and to accommodate
a juxtapositioning of buildings with some exceptional setbacks or separation distances.
The proposed density is based upon a gross density calculation, rather than a net density as generally required in the Code. This gross density calculation would not, however, exceed
levels allowed for this site in the Clearwater Comprehensive Plan since the Plan refers to "units per acre" without regard to net units per acre. Furthermore, the staff has prepared
for Commission consideration a
Land Development Code amendment that establishes what would amount to a gross density approach for districts permitting residential uses.
The City's Urban Forester stresses that while the developer is working with staff to preserve trees on site, the development will have a major impact on the existing specimen trees
and the survival of these trees is uncertain because of the proposed pruning, removal of clay, paving and building over the roots of these trees. As proposed 10 of the 37 specimen trees
on the site will be removed, and another 10 specimen trees will be significantly affected to the point that their continued survival is questionable. The Urban Forester is currently
working on the final details of a recommended list of specifications for a tree preservation program which the developer must commit to and provide on the site plan prior to submittal
of construction plans.
Preliminary calculations reveal the developer will be required to convey approximately 42,253 square feet of property or money in lieu thereof to satisfy the City's Open Space/Recreation
Land requirements. The developer is proposing to satisfy this requirement by conveying a combination of land and money.
First, he will convey land for a City park at the south end of Thornton Road in conjunction with the proposed residential development. This triangular park area would consist of approximately
5,000 square feet and would be added to the undeveloped portion of the Thornton Road right of way resulting in a park of approximately .4 acres. The remaining 37,253 square feet owned
by the developer will be satisfied by dollars conveyed to the City. Further, the developer proposes to construct a six car parking lot, gazebo, sidewalk, picnic area, etc. with costs
being deducted from their overall recreational facility fee requirement.
James Polatty indicated calculating on a net acreage basis, as is the policy of the City Commission, would allow a total of 198 units. He indicated transfer of development rights addresses
sites having critical environmental concerns with this site being environmentally significant due to it being on the harbor and having a number of specimen trees. He indicated a new
plan has been submitted removing only three of the 37 trees; however, of the 34 remaining it is not known how many would be significantly altered. Under the new plan, Buildings 1, 2
and 3 would be moved to assist in the preservation of the trees. He indicated the tree protection issue is yet to be determined. With the reduction in density the number of parking
spaces would be reduced increasing impervious surface.
In response to a question, it was indicated the Development Review Committee (DRI) will address most of the concerns prior to coming back to the Commission for final approval.
Steve Siebert, attorney representing the developer, stated the site plan will undergo additional modifications. He indicated the property had been selected for its vista, location
and large specimen trees on the site and he said the applicant will work to preserve as many trees as possible. He indicated they will be willing to maintain the park.
Mayor Garvey read a letter from the Beautification Committee into the record opposing the site plan as originally proposed due to its impact on the specimen trees. They supported the
purchase of the site for park purposes.
Discussion ensued regarding the trees and environmental concerns and it was indicated Post Harbour has been very cooperative in addressing these concerns.
Commissioner Regulski moved to receive the site plan and refer it to the City Clerk to be advertised for public hearing with the conditions that the property be rezoned RPD, that any
transfer of development rights be in accordance
with the Land Development Code, that they be accomplished without variance, that the density be computed on a net acreage basis as has been our policy for many years and in accordance
with the recommended staff conditions as follows: 1) the developer must identify the specimen trees separate from the trees which are not specimen trees, and incorporate into the site
plan for review by the D.R.C. and the Planning and Zoning Board, the specifications for a tree preservation program and other strict measures and special criteria in the design of the
plan (e.g. bermed retention areas) required to save the existing specimen trees, which is currently being drafted by the Urban Forester; 2) as per the City's Comprehensive Land Use Plan
(Future Land Use 3.4), it is recommended that a 25 foot wide vegetated buffer be provided from the jurisdictional line to structures or impervious surfaces; 3) the calculations and percentages
for the required vehicular interior landscaped areas shall be provided on the site plan for review by the Development Review Committee (D.R.C.) and the Planning and Zoning Board; 4)
the developer shall submit a completed Concurrency Review Form for review by the D.R.C. and Planning and Zoning Board, prior to public hearing by the City Commission; 5) the developer
shall meet with the City's Traffic Engineer for discussion and recommendations on the entrance drive (needs to be dimensioned on the plan), sign in the middle of the street at Gulf to
Bay Boulevard and proposed widening of Thornton Road at Gulf to Bay Blvd.; 6) signs and fencing/walls are subject to separate review and permitting processes; and (7 that the final site
plan come back to the City Commission for final approval. The motion was duly seconded and carried unanimously.
ITEM #31 - Authorize construction, technical and permitting services for The Well Field Rehabilitation Project by Camp Dresser & McKee for a cost of $133,091.00 (PW)
A water well field rehabilitation and construction project was under design by consulting engineers, Briley Wild & Associates, at the time the City hired a new engineer of record, Camp
Dresser & McKee (CDM). Consequently, CDM performed a peer review of these plans as they were developed. Plans are now complete. It is recommended that CDM now take the plans forward
to perform the construction, technical and permitting services required to build the project and place it in service. It is important to note that well field development is highly specialized
work. Following the terms of our contract with CDM, City Commission approval is required for major projects exceeding $100,000. This project will achieve the following goals: Phase
I, plugging and abandonment of seven existing wells; Phase II, rehabilitation of seven existing non-operating wells to place them back in operation; Phase III, construct three new wells;
and Phase IV, rehabilitate nine existing operating wells.
Public Works Director Bill Baker stated that the citizens of Clearwater use approximately sixteen million gallons of water per day provided by wells the City owns and operates. At
the present time, there are twelve wells operating. He indicated there has been a decrease in the amount of City water produced and an increase in water purchased from the County.
As City water is less expensive, it is the City's goal to have all of the City's twenty-five wells producing at the optimum capacity. In order to protect the aquifer, the Southwest
Florida Management Water District (SWFWMD) restricts the amount of water that can be pumped and monitors water quality. He indicated the well field rehabilitation project would give
the City the opportunity to improve its situation. Mr. Baker indicated, although the water study is not completed, it has been determined that the City is pumping enough water with
a reasonable expectation for future successes with some modifications and some new wells to increase the amount of water pumped. He explained what is proposed under this project and
he felt it would double inhouse water production.
Proposed professional services are listed in four work tasks. Those tasks and related costs are:
Permitting Services $ 4,200.00
General Services 32,105.00
Resident Project Representative 37,201.00
Geophysical Evaluation Pump
Test and Well Field Report 59,585.00
$ 133,091.00
CDM proposes to use the firm of Schreuder and Davis, Inc. for hydrologic consultant services and resident project representation.
Assistant City Manager Charles Hunsicker stated this project is two phased with the first phase anticipated to spend $600,000 to rehabilitate some of the wells and close others. After
this is done, $900,000 will be spent to rework the remaining wells. The project will be funded incrementally over the next two years. He said, if the project is successful in allowing
the City to maintain and increase pumpage at a 6 mgd rate, the $1.5 million investment will be paid back in 1 year and 4 months. If the pumpage is less than 6 mgd, the payback will
take longer but should never exceed nine years, the remaining time on the City's consumptive use permit.
Mr. Hunsicker said no impact upon water rates would be expected for Phase One as sufficient funds are currently budgeted. With Phase Two, there will be a relatively small impact.
Over the next two years, other factors not related to this project could impact rates.
In response to a question, it was indicated the best producing wells are on the coastal ridge between the Airpark and U.S. 19 from S.R. 60 north to Countryside. If new wells are developed,
they would be in that area.
Jim Haggerty, CDM, indicated preliminary investigations are necessary to determine the cause of degrading of the water quality and increase in chlorides. In response to a question,
it was indicated salt water intrusion is happening in all wells.
Tom Burke, CDM, indicated the wellfield does not perform as one operating entity for the supply of water. The operation is on an as required, as available basis. He said there is
a need to identify the capacity of the existing wells. He said the water is there and better judgement is needed to withdraw it.
Discussion ensued regarding the overall cost of the project, and it was indicated the $1.5 million figure is an estimated cost for Camp Dresser & McKee plus all phases of the project.
It was indicated the services performed by Briley Wild and Associates have already been paid for and are not included in the $1.5 million.
In response to a question, it was indicated the seven non-producing wells to be capped have already been identified. It was indicated there is a series of testing operations done to
identify zones for good water extraction. In response to a question, it was indicated 17 percent of total water consumption is used for irrigation purposes.
Commissioner Regulski moved to authorize Camp Dresser & McKee to perform the services for the well field rehabilitation and construction project as authorized in the Scope of Services
in accordance with the Engineer of Record Agreement and that the appropriate official be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #32 - Resolution #90-33 - Revised Fee Schedule for Land Use Plan, Zoning,
Site Plan/Plat, Conditional Use Permit, Variances and Concurrency Reviews (PLD)
An amendment to the fee schedule is being undertaken to insure that actual personnel and operating costs are fully accounted for in the City's fee charges.
It should be noted that annexation fees have not been proposed for an increase in order to promote annexation activity. Therefore, there is a considerable "subsidy" afforded to annexation
requests. Further reduction of these annexation fees should perhaps be considered as an added inducement to annexation.
For concurrency reviews, there is no historical fee information, so no comparison could be made. For each of the other fees, the departmental personnel and operating costs were computed
on an hourly basis. This provided a consistent basis for estimating the costs of the average review period for each type of review.
The following table compares the City's current fees with those proposed:
Fee Type Current Fee Recommended Fee
Site Plan Review $ 300 + Acreage fee $ 750 + Acreage fee
Subdivision Plat Review 300 + Lot fee 850 + Lot fee
Annexations 150 + Property fee 150 + Property fee
Rezonings/LUP 300 + Other fees 650 + Other fees
Variances 150 + extra var. fees 450 + extra var. fees
Conditional Uses 200 + extra CU fees 450 + extra CU fees
Appeals 350 350
The following table illustrates estimated fee revenues for FY 89/90 and
FY 90/91:
Fee Type 89/90 Fees 90/91 Fees* 90/91 Fees**
Annexations $ 8,000 (53) $ 7,000 (47) $ 7,000 (47)
Zoning/LUP 3,000 (10) 3,000 (10) 4,550 (7)
Plat/Site Plan Review 15,000 (50) 15,000 (50) 27,000 (36)
Variance/CUP 50,000 (333) 50,000 (333) 112,500 (250)
Total $76,000 (446) $75,000 (440) $151,050 (340)
*Projected under current fee schedule; **projected under proposed fee schedule.
The above information reflects a 25 percent reduction in current estimated application levels for the estimates for the new fees (the projected number of applications follows each fee
estimate). This was done to reflect the possibility that some potential applicants will be deterred by higher fees. As indicated above, even a large drop in the number of applicants
will not reduce fee revenue below that projected for 90/91 under the previous fee schedule.
Commissioner Regulski moved to approve the revised fee schedule for land use plan, zoning, site plan/plat, conditional use permit, variance and concurrency reviews. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #90-33 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-33. The motion was duly seconded. Upon roll
call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
XI - Other Pending Matters - none.
CITY ATTORNEY REPORTS
XII - Resolutions
ITEM #33 - Resolution #90-34 - Assessing property located in Palm Park Sub., Blk C, Lot 8 for the costs of demolition in the amount $5,440.35 incurred in removing dangerous structures.
The City Attorney presented Resolution #90-34 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-34. The motion was duly seconded. Upon roll
call the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
XIII - Other City Attorney Items - none.
XIV - City Manager Verbal Reports - none.
XV - Other Commission Action
Mayor Garvey requested consideration of notifying the citizens of Clearwater regarding the false alarm ordinance by including a stuffer in the utility bill. Staff is to investigate.
It was indicated a stuffer is going out with license renewals.
The Mayor requested direction regarding scheduling the City Attorney's evaluation and in what format the Commission wished it to be. Consensus was to schedule after the work session
on August 13th.
Commissioner Berfield reported she will be attending "Recycle America" with the City Manager and Assistant City Manager Charles Hunsicker on August 7th and invited others to attend.
Commissioner Regulski expressed concerns regarding the Public Information program not being as effective as it should be.
Commissioner Fitzgerald reported that at the Mayor's Council meeting of August 1st they may have resolved the problem regarding only Mayors being allowed to be voting members. He also
reported he has accepted a position on the Council's committee for the County's sign ordinance, and he has been appointed chairman of the Legislative Committee for the Suncoast League
of Municipalities.
XVI - Adjournment
The meeting adjourned at 9:46 p.m.