09/03/1987
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CITY COHKISSION MEETING
September 3, 1987
o
the
members
The City Commission
City Hall, Thursday,
present:
of the
September 3,
City of Clearwater met in regular session at
1987, at 6:08 p.m., with the following
Rita Garvey
James L. Berfield
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
M. A. Galbraith, Jr.
William C. Baker
Paula Harvey
Cynthia E. Goudeau
City Manager
City Attorney
Public Works Director
Planning Director
City Clerk
The Mayor
The invocation
Church.
called the meeting to order
offered by Reverend
was
and led the
John Anderson,
Pledge
Trinity
of Allegiance.
Presbyterian
G
In order to provide continuity ror research, the items vill be listed in agenda
order although not necessarily discussed in that order.
IV - Service Pin Awards
2 service pins were awarded to City employees.
v - Introductions and Awards
Proclamations
Just Say No Pledge Week -
September 13-19, 1987.
VI - Minutes of the Regular Meeting of August 20, 1987
20, 1987 as recorded
Commissioner.
Commissioner Regulski moved to approve the minutes of the meeting of August
written summation by the Clerk to each
and carried unanimously.
and submitted in
MOtion was duly seconded
VII - Presentations - None.
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(Book 40)
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9/03/87
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VIII - Citizens to be heard re items not on the Agenda
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Roger Douyard complained regarding a conditional use for alcoholic
beverages granted by the Planning and Zoning Board at the September 1, 1987
meeting. The pUblic hearing notice had the correct legal description, but an
incorrect address. Mr. Douyard felt the hearing should have been delayed and
the address in the notice corrected.
Michael Serris expressed concern regarding the same public hearing notice
with the incorrect address; he felt he had been denied due process.
The Planning Director stated the Code requires the legal description to be
advertised; the address is not required.
t
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The City Attorney stated
their meeting the address was
conditional use public hearing.
the Planning
incorrect.
and Zoning Board was informed at
They chose to proceed wi th the
IX - Public Hearings
Item fl9 - Petition for Annexation & RS-8 Zoning for a .13 acre parcel
on the E side of Pineland Dr. approx. 300' N of Overbrook Rd; Lot
Heights Sub., Sec. 3-29-15 (O'Hanrahan, Jr.) A 87-27 (PUD).
located
1, Jade
A single family residence is proposed for the currently vacant site.
water is available to the lot.
City
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Commissioner Berfield moved to approve the annexation and RS-8 zoning on
the subject property and to direct the City Attorney to include this in an
ordinance. MOtion was duly seconded and carried unanimously.
Item #10 - Petition for Annexation, Public/3emi-Publjc Zoning and a Land Use
Plan Amendment from LoW' Density Residential to Public/Semi-Public on property
located 342 ft. W of Highland Ave., at the southern terminus of Weston Dr.; M&B
33.04, Sec. 2-29-15 (Holland) A 87-28, LUP 87-19 (POD).
The property is proposed to be used for church purposes.
sewer service are available to the site.
City water and
Review of the annexation request by Public Works Department staff revealed
a "gap" of land existing between the platted property to the N and the legal
description of the subject property. The "gap" of land is claimed in ownership
by the owners of the subject property.
Commissioner Berfield moved to approve the annexation, PISP zoning and
land use plan amendment to Public/Semi-Public on the subject property con-
ditional to satisfaction of the discrepancy in the legal description and the
claim to ownership of property between the subject property and the platted lots
to the N prior to annexation ordinance reading, and to direct the City Attorney
to include this in an ordinance. Motion was duly seconded and earrled
unanimously.
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(Book 40)
115.
9/03/87
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Item #11 - Land Use Plan Amendment from Low Density Residential to Public/Semi-
Public and a Zoning Amendment from RS-B to P/SP for a .12 acre parcel located
on the N side of Lakeview Rd. approx. 200' E of Byron Ave.; Lot 112, Ardmore
Place Replat, Sec. 22-29-15 (Lakeview Baptist Church of Clearwater) Z 87-13,
LUP 87-18 (PUD).
The parcel is proposed to be developed as a parking lot to serve the
existing church immediately east of the subject property.
Concern was expressed regarding a non-commercial parking lot next to
residential property and whether the conditions recently established for such
lots would apply. Ms. Harvey stated fences and walls will not be required as
the applicant's request is to rezone the property rather than applying for a
conditional use that would require the conditions.
Thomas Dail, Pastor of the Lakeview Baptist Church, stated the property was
purchased by the Church from the owner of the property adjacent to the proposed
lot and the previous owner is aware of the proposed use.
Commissioner Berfield moved to approve the land use plan and zoning
amendments on the subject property and to direct the City Attorney to include
this in an ordinance. Motion was duly seconded and carried unanimously.
Item 1112 - Continued from 8/20/81, Public Hearing & First Reading, Ordinance
4420-87 - Amendin the Code of Ordinances, relatin to Alcoholic Bevera es
creat ng Sections 72. 11 through 72.1 , amending Section 13 .024 and repealing
Sections 72.01 through 72.10 and 136.025 (c)(1) and (2) (LDCA 87-9) (PUD).
AND
Item #13 - Public Hearin & First Readin Ordinance 4470-87 - Amending Section
13 .025, Code of Ordinances to amend the supplementary standards for
conditional use approval for alcoholic beverage sales (both consumption on
premises and package sales) with respect to the minimum distance requirements;
establishing procedures and standards for variances.
Ordinance 4420-87 proposes a comprehensive revision to the City's review
criteria for granting approval of the sale of alcoholic beverages. Chapter 72,
as it is presently written, is to be repealed with some provisions re-adopted
that are not duplicated in Chapter 136. The requirement for a change in
ownership of a business to be approved as a conditional use is to be deleted as
well as language that provides for a "sufficiently distant" finding by the
Planning and Zoning Soard. Rather, a 500 foot separation of alcoholic beverage
sales uses from churches, schools, hospitals or residences will be required
except in the Urban Center or Beach Commercial districts which are designated as
mixed use districts. If an owner of an alcoholic beverage sales use for
consumption on the premises agrees to a midnight closing, the separation
requirement may be waived from churches, schools or residences. Guidelines for
measurement of separation distance are provided and "grand fathering" provisions
are established.
Ordinance 4470-87 is proposed as an interim procedure until such time that
Ordinance 4420-87 can be written in a satisfactory form. This ordinance would
require any applicant requesting an alcoholic beverage conditional use that does
not meet the 500 foot standard to come before the Commission for a variance.
(Book 40)
116.
9/03/87
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Discussion
into effect.
adoption 0 f the
ensued regarding when the 500 foot separation requirement went
The Planning Director stated it was in effect prior to the
Land Development Code.
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Parker Stafford, representing the Greater Clearwater Chamber of Commerce,
stated he understood the City Commission's dilemna, but he feels the 500 foot
requirement will have an adverse impact on existing establishments in the City
of Clearwater. He requested consideration be given to specific criteria used to
approve alcoholic beverage designations rather than a specified number of feet.
He requested the requirements for on-premise and off-premise consumption
be divided.
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Eleven citizens spoke regarding the proposed ordinances citing concerns
with the granting of alcoholic beverage dAsignations within 500 feet of
churches, schools and residential neighborhoods. Concerns were also expressed
regarding increased traffic, noise, resale value of property located close to
bars, the granting of exceptions for establishments closing at 12 0' clock
midnight and the quality of life in Clearwater.
Attorney Ed Armstrong, representing Pick Kwik, requested Ordinance 4470-87
be continued in order for his client to have time to review it. He stated if
the ordinance is passed, 80% of all Pick Kwiks and most of the grocery stores in
Clearwater will be nonconforming.
o
It was pointed out that the major problems are with the 4COP designation,
which includes bars and lounges. It was suggested that the distance required
from churches and schools be 350 feet and that residential be treated
differently. It was alno discussed that the ordinance, as it stands now, could
be struck down as being unconstitutional as there are virtually no
establishments in Clearwater that can meet the 500 foot requirement. It was
emphasized that greater enforcement of the noise ordinance would take care of
some of the objections in residential areas.
Discussion ensued regarding the reversion procedure for revoking alcoholic
beverage designations. The City Attorney emphasized that due process would
preclude any quick and easy way to proceed with reversion. Commissioner
Regulski requested the City Attorney look into fortifying the reversion
provisions.
Consensus of the Commission was for the Planning Director to rewrite
Ordinance 4420-87 incorporating a chart that would indicate the types of
alcoholic beverage establishments and the uses (church, school, residential
etc.) from which a distance would need to be measured. They stated they would
fill in the distance requirements.
Commissioner Winner moved to continue Ordinance 4420-87.
was duly seconded and carried unanimOUSly.
The motion
Discussion ensued regarding the need for the interim Ordinance 4470-87.
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(Book 40)
117.
9/03/87
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Commissioner Regulski moved to amend Item 7 on page 3 of Ordinance 4470-81
to read: "In measuring the minimum distance, the measurement shall be taken in a
straight line from the nearest portion of the building, or portion thereof,
where the use is to be located to the nearest point on the boundary line of the
property of a church, school, hospital or residential zone". Motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance 4470-87, as amended, for first
reading and read it by title only. Commissioner' Regulski moved to pass
Ordinance 4470-87, as amended, on first reading. Motion was duly seconded.
Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Nunamaker and Garvey.
"Nays":
Winner.
Motion carried.
The meeting recessed from 8:29 - 8:51 p.m.
Item /114 Second Readir.g, Ordinance 4415-87 - Amendin Sections 135.086
136.025 c) ( 19), Code of Ordinances to allow non-commercial parking lots
conditional use in the Limited Office District. (LDCA 87-3).
and
as a
The City Attorney presented Ordinance 4415-81 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4415-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes";
Berfield, Regulski, Wiryner, Nunamaker and Garvey.
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"Nays" :
None.
Item 1115 Second Reading, Ordinance 4455-87 Amending Ordinance 2019 to
change the Land Use Plan from Low Density Residential to Recreation/Open Space
for property located at the Wend of Hoyt Ave., adjacent to & N of the Eddie
C. Moore Recreation Complex; M&B 33.02, Sec. 9-29-16 (LUP 87-13, Z 87-8)(City)
The City Attorney presented Ordinance 4455-87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4455-87 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 1116 Second Reading, Ordinance 4456-87 Zoning Atlas Amendment from
Single Family Residential "Six" (RS-6) to Open Space/Recreation (OS/R) for
property located at the Wend of Hoyt Ave., adjacent to & N of the Eddie C.
Moore Recreation Complex; M&B 33.02, Sec. 9-29-16 (Z 81-8) (City)
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(Book 40)
118.
9/03/87
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The City Attorney presented Ordinance 4456-87 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance
4456-87 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 ff17 - Second
Code of Ordinances
trash.
Reading, Ordinance 4461-87 - Amending Section 50.05 (e)(4),
to Increase the ra tes for the collection of garbage and
The City Attorney presented Ordinance 4461-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance
4461-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #18 - Second Reading, Ordinance 4462-87 - Vacation of a portion of Rogers
St. (formerly known as Kirkpatrick Lane) lying between the S'ly extension of the
E line of Lot 7, William Brown's Sub. of Bay View and the S'ly extension of the
E line of Lot 8, Bay Heights Sub., Sec. 17-29-16 (Allan Stowell) V 87-9.
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The City Attorney presented Ordinance 4462-87 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance
4462-87 on second and final reading. Motion was duly seconded. Upon roll call
the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #19 - 1987/88 Budget, Public Hearing & First Readings:
The City Manager thanked the City Commission for their input and guidance in
the preparation of the budget. He also thanked the Budget Office staff and
emphasized the final product was one the City Commission and the citizens of
Clearwater could be proud of. A recent survey done by the Budget Office shows
Clearwater to be one of the least expensive, tax-wise, of cities of comparable
size. Assessed property values have climbed, but the City has shown no dramatic
increases in property taxes and millage rate after adjustment for' inflation.
Mr. Shoemaker emphasized there has been no increase in the proposed millage rate
as a result of the Mills settlement or bridge restoration. The City has shown
continued growth and has healthy financial reserves.
One citizen requested the City Commission show restraint in their approval
of the budget and not approve non-essential services.
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(Book 40)
119.
9/03/87
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The City Manager stated it had appeared there was going to be a $500,000
revenue shortfall at 1986/87 mid-year. Departments have found ways to cut back
on expenses, revenues have since increased and not as much of the surplus fund
will be needed to make up the shortfall (approximately $100,000).
The proposed millage rate for FY '87/88 is 16.9% over the rollback rate.
a) Ordinance 41166-81, Declaring the Hillage Rate to be levied for FY '87/88
for operation purposes including pensions and debt service, road and drainage
capital improvements and a reserve for self insurance.
The City Attorney presented Ordinance
in its entirety. Commissioner Regulski
first reading. Motion was duly seconded.
4466-87 for first reading and read
moved to pass Ordinance 4466-87
Upon roll call the vote was:
it
on
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
b) Ordinance ~461-81, Adopting an operating budget for the Fiscal year
beginning October 1, 1987 and ending September 30, 1988 - Authorizing the City
Manager to issue such instructions that are necessary to achieve and accomplish
the service programs so authorized; Authorizing the City Manager to transfer
moneys and programs among the departments and activities within any fund as
provided by Chapter 41 of the Code of Ordinances.
The City Attorney presented Ordinance 4467-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4467-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
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"Ayes": Regulski, Winner, Nunamaker and Garvey.
"Nays": Berfield. Motion carried.
c) Ordinance 4~68-81, Adopting the Capital Improvement Program Budget;
Approving the six-year Capital Improvement Program which shall be re-evaluated
at the beginning of each fiscal year; Authorizing the City Manager to issue such
instructions that are necessary to achieve and accomplish the capital
improvements so authorized; To transfer money between projects in the Capital
Improvement Program; Appropriating available and anticipated resources ror the
projects identified.
The City Attorney presented Ordinance 4468-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4463-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Ber fie ld, Regulski, Winner, Nunamalcer and Garvey.
"Nays": None.
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(Book 40)
120.
9/03/87
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CITY MANAGER REPORTS
x - Consent Agenda - Approved less Items 41 & 42.
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Agreements - Approved
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Item #20 - Annual Audit Contract with Deloitte, Haskins & Sells to perrorm the
required annual audit for the year ending 9/30/87 for a total fee not to exceed
$67,470.00 (FIR).
Item U21 - Interruptible Gas Rate Contract for ARA Healthcare Textile Services
Inc. (previous contract under name of Uptons Laundry) (UT).
Bids & Contraots - Approved
<.<
Item "22 - Reproductions - Extend contract with Pitney-Bowes, Inc., Tampa f'or
fY '87/88 at a cost of 1.758 cents per copy f'or an estimated yearly cost of
$51,688.00 (CS).
Item #23 - (2) Over-The-Road Tandem Tractors for Utilities Department - award
contract to purchase from Linder Truck Center, Inc., Lakeland at a cost not to
exceed $118,902.00 (CS).
Item #24 - Main Library Energy Management System - Extension of contract with
Energy Sciences of Tampa Bay, Inc., Tampa for period of 5/16/87 to 5/15/88 at a
cost not to exceed $7,300.00 (CS).
Item #25 - Burglar/Fire Alarm System Maintenance & Service - Extend contract
with Maire Co., Clearwater, f'or fY '87/88 at a cost of' $10,386.00 (CS).
0>
Item #26 - Emergency Roof' Repair, Fire Station #1 - Award contract to P. Greco
and Son, St. Petersburg at an estimated cost of $18,585.57 (CS).
Item tJ21 - Upgrading of Fire Truck Boses - Award contract to purchase 5" hoses
with couplings from Snap-Tite Hose, Inc., Union City, PA, at an estimat8d cost
of $9,446.75 i purchase being one in a series to replace smaller hoses of 6
trucks (FD).
Item #28 - Library Computer Maintenance Services - Extend contract with CLSI,
Inc., Newtonville, MA, for FY '87/88 at a cost of $44,629.20 (LIB).
Item 1129 - Ammunition for Police Department - Extend contract with C & S
Supply, Clearwater for purchase of .38 caliber ammunition for FY '87/88 at an
estimated cost of $9,000.00 (PO).
Item U30 - Computer Maintenance for Public Works Wang System - Extend contract
for maintenance services with Wang Laboratories, Inc., Lawrence, MA f'or FY
'87/88 at a cost of $12,840.00 ($1070/month) (PW).
Item U31 - Plug Valve Replacement at Northeast Water Pollution Control Plant -
Award contract to W.E.D. Contractors, Inc., Winter Haven to replace two 16"
ball valves at a total cost not to exceed $10,800.00 (PV).
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(Book 140)
121.
9/03/87
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Item 1132 - Marina Dt>edging Contract (87-24) - Authorization for readvertising
for bid and to collect bid bond forfeiture from Harbor Marine Construction for
refusing to execute contract documents (PW).
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Item #33 - Refuse Containers Extend contract to purchase from Industrial
Refuse Sales, Inc., Lakeland at an estimated total cost of $158,004.00 for
FY '87/88 (UT).
Item #34 - Computer Equipment for Risk Management Division - Award contract to
purchase from UNISYS Corp., Tampa, $10,689.78 (CH).
Item #35 - Physical Examinations Extend contract with Doctors' Walk-In
Clinic, Clearwater, for FY '87/88 for an estimated cost of $53,450.00 (CM).
Citizen & starr Requests - Approved
Item #36 - Insurance Claims Services by Arthur J. Gallagher & Co., Miami for
period 7/1/87 to 7/1/88 for $103,050.00 (CM).
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Item #37 - Liability/Property Damage Insurance - Payment of $279,842 premium
to Arthur J. Gallagher & Co., Miami for commercial property and casualty
insurance during period 7/1/87 to 7/1/88 (CH).
Leases - Approved
Item #38 - Lease Agreement, Bait House - with JoAnn Homsher for 5 year period
(10/1/87-9/30/92) for a total of $24,000 ($400/month) plus 8% of monthly gross
revenues exceeding $9,000.00 (MR).
o
Item f/39 - Continued f'roa 8/20/87 Clearwater Country Club Lease Amendment -
Allowing alcoholic beverage consumption on the golf course provided Code is
amended to allow same (CK).
Plans & Plats - Approved less Items 41 & 42.
Item #40 Preliminary Site Plan for Pine Street North (A Multi-Family
Development) located on the N side of North Pine St., H of ~adison St.
(vacated portion) and approximately 150' E of Greenwood Ave.; Lots 6-12, Blk. B-
1, and that part of vacated Madison St. lying E of said Lot 12, Maryland Sub.,
Sec. 15-29-15 (L.M. Loken and Gary Loken) PSP 87-26 (POD) subject to the
following conditions: 1) The height of the proposed structures shall be given in
feet on the site plan; 2) Signs and fencing shall be subject to separate review
processes; and 3) A Unity of Title should be filed for propertip.s included
within the project area.
Item f/41
See page 123.
Item #42 - See page 124.
Receipt & Rererral - Received and referred to proper departments.
o
Item f/43 - Zoning Atlas Amendment from RPD 6.5 to RS/8 for a 4.59 acre parcel
located on the N side of Nursery Rd. immediately adjacent on the W to the
Florida Power ROWand approx. 1,400' W of US 19; Lot 12, Pinellas Groves, SE 1/4
Sec. 19-29-16 (Curtis, Trust) Z 87-17 (POD).
(Book lJO)
122.
9/03/87
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City Attorney
Agreements - Approved
o
Item #44 - Sanitary sewer line agreement - 3136 Johns Parkway; part of the W
1/2 of the NE 1/11 of the NW 1/4 of 16-29-16 (Daniel J. Cummings, Jr.).
Item /145 - Sanitary sewer line agreement 3139 Johns Parkway; Lot 8, Johns
Parkway Sub. (Charles H., Sr. & Joan A. White).
Item //46
improvement
time as the
Agreement with Dimmitt Chevrolet , Inc. providing for the
of 3rd Ave., Lake Chautauqua Sub. by Dimmitt Chevrolet, Inc. at such
City determines it necessary.
Commissioner Berfield moved to approve the Consent Agenda, less Items 41 &
42, and that the appropriate officials be authorized to execute same. Motion
was duly seconded and carr~ed unanimously.
Commissioner Nunamaker left the meeting at 9:18 p.m. and returned to the meeting
at 9:30 p.m.
Item //41 Preliminary Site Plan for Starlight Motel/Paradise Aid Station
located at the NE corner of Gulf-to-Bay Blvd. and David Ave.; Lots 35-38 and the
S 16.15' of Lot 34, Gulf-to-Bay Gardens, Sec. 17-29-16 (L.C. & M.L. Farnsworth)
PSP 87-27 (POO).
o
The proposal is to renovate and make additions to an existing motel and
convert it to a restaurant/bar/retail complex. The RS-B zoned portion will be
landscaped and used as a buffer between the development and abutting residential
property to the north. Access is proposed at two points off David Avenue.
The Planning Director stated the parking lot for this preliminary site
needs to be addressed. The existing buildings, as shown, will be removed.
Planning and Zoning Board approved the alcoholic beverage conditional use.
plan
The
Discussion ensued regarding the accesses to the proposed development. Ms.
Harvey stated the conditions would allow one access from David Ave.; none from
Gulf-to-Bay.
Frank Morris, architect for the development, stated there is a 36 foot
setback from the residential zoning. The Planning and Zoning Board required
fencing around the property and the parking lot area will be landscaped.
Three citizens spoke in opposition to the
concerns with the lounge type establishment,
neighborhood children and the increased traffic
preliminary site
the swimming pool
on David Ave.
plan ci ting
hazard to
Bill Tennison, representing the developer, stated the proposed development
will be a one-story structure serving light food items around a pool activity
area. The pool will be about four feet deep and will be fenced.
Discussion ensued regarding how proposed code
parking spaces for lounge establishments would affect
in the future.
changes requiring more
this type of development
o
(Book 40)
123.
9/03/87
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The City Attorney emphasized the alcoholic beverage conditional use could
be appealed to the state hearing officer.
o
Commissioner Regulski moved to review the preliminary site plan for
Starlight Motel/Paradise Aid Station and authorize review of the final site plan
wi th final action by the City Commission subject to the following conditions:
1) The front yard open space calculation shall be given on the plan and shall be
equal to or greater than the 50% requirement (or a variance must be obtained)
prior to DRC review of final site plan; 2) Signs and fencing shall be subject to
a separate review and permitting process; 3) Gulf-to-Bay Blvd. must be
identified and dimensioned (from C/L) on the site plan; 4) A Unity of Title
should be filed for properties included within the project area; 5) The
applicant should obtain conditional use approval for the proposed alcoholic
beverage use by the Planning and Zoning Board prior to final site plan review by
the DRC; 6) Setbacks shall be dimensioned on the site plan; 7) The number of
parking spaces required (stated in relationship to the applicable formula) and
proposed shall be given on the site plan; 8) On-site retention must be provided
and shown on the plan; and 9) Parking and internal drive should be redesigned so
as to eliminate one driveway onto David Ave. and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried
unanimously.
Commissioner Regulski requested that staff look into the possibility of a
commen drive being developed with the adjoining property.
Item #42 - Preliminary Site Plan for Northern Leisure Properties, Inc. located
on the N side of Gulf to Bay Blvd., approx. 200' E of David Ave.; being a
portion of M&B 13.09, Sec. 17-29-16 (Joseph W McGoldrick) PSP 87-28 (POD)
o
Commissioner Regulski moved to continue Item 42 to the meeting of
September 17, 1987. The motion was duly seconded and carried unanimously.
XI - Other Items on City Manager Reports
Item 1147 - Preliminar Site Plan for Grisanti's Restaurant (Park Place Out
Parcel located on the N side of SR 60, approx. 1570' E of US 19 or approx.
240' E of (Private) Park Place Blvd.; being a portion of M&B 23.10, Section
17-29-16 (Proposed legal: Lots 1-3, Park Place Out Parcel) (MDC Associates B1-A
Ltd., A Georgia Limited Partnership) PSP 87-25 (PUD).
On July 2, 1987, the City Commission approved and authorized review by the
DRC of a preliminary plat for Park Place Out Parcel (proposed lots 1-3). The
approval was subject to the following conditions: 1) As required by the Exhibit
B of the Development Order for Park Place DRI, entitled First Amended and
Restated Annexation Agreement, a maximum of two points of ingress and egress to
SR 60 shall be permitted E of Park Place Blvd. to provide access to the Out
Parcels and 2) Commercial floor area developed on the out parcels shall be
considered a part of the total allocation of 150,000 sq. ft. of total commercial
floor area for Phase I Park Place as required by the Development Order. A
revised site plan for Park Place, Phase I, Tract 1 shall be submitted with any
site plan for out parcel development in order to accurately identify allowable
commercial square footage.
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(Book 40)
9/03/B7
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The applicant is currently seeking approval of a preliminary site plan for
an 8,157 sq. ft. restaurant to be developed on Lot 2 of the proposed Park Place
Out Parcel Subdivision. The 1.81 acre site is zoned CG with a Land Use Plan
designation of Commercial/Tourist Facilities.
According to the applicant's tree survey, which is a part of the site plan,
there are approx. 182 trees (oaks, maples and camphor trees) on the undeveloped
site, of which approximately 122 will be removed (60 of 105 oaks, 38 of 50
maples and 15 of 27 camphors). '
The site plan indicates six points of access: 5 internal drives to abutting
properties and one driveway directly on SR 60 (one of the internal drives leads
to a proposed driveway on SR 60 from proposed lot 3).
Staff has several concerns with the site plan: 1) the proposed design is
environmentally insensitive to the natural character of this site; 2) the
proposed parking is 42 spaces in excess of the code requirement; 3) the proposed
open space in the front yard area is not in compliance with the code requiement
and 4) there seems to be too many access points to this site, requiring more
asphalt beyond the normal amount which would seem necessary for developing this
site. The proposed structure, trafric control islands and other features of the
si te could be adjusted to save trees and provide additional green open space.
Staff reco~~ends this site plan be redesigned more appropriately for this
subject site and that the revised final site plan be subject to City Commission
approval.
o
Discussion ensued regarding the use of turfblock to provide permeable
surface. The Public Works Director stated turfblocks could be
used; however, they have been unsuccessful and usually result in a large number
of complaints. The Planning Director stated staff's main concern at this point
is to save trees.
Discussion also ensued regarding the limitation on the number of access
cuts to Gulf-to-Bay be assured. The Planning Director stated the DRI
requirement limiting the number to two for all three outparcels is recorded in
the pUblic record.
Commissioner Regulski moved to authorize review of a final site plan by the
DRC with final action by the Commission subject to the follOWing conditions:
1) The site plan shall be revised to save more trees and provide more permeable
areas; 2) In order to accurately identify allowable commercial square footage, a
revised site plan for Park Place, Phase I, Tract 1, shall be submitted with the
final site plan for the outparcel for DRC review; 3) The site plan shall be
revised to be in compliance with the 50% front yard open space requirement or
the applicant shall obtain a variance, prior to DRe review; 4) As the parking
requirement for restaurants is determined from gross floor area (rather than net
floor area as given on the plan), the site data shall be revised to indicate the
correct parking space requirement; 5) No certi fica te of occupancy shall be
procured until the subdivision plat has been recorded; 6) Signs and fencing
shall be subject to a separate review and permitting process; and 7) Easements
must be provided for private drives to other properties and that the appropriate
officials be authorized to execute same. Motion was duly seconded and
carried unanimously.
o
(Book 40)
125.
9/03/81
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Item #48 - Preliminary Subdivision Plat for Curlew Heights located S of Curlew
Rd., W of Countryside Blvd. and particularly 300' E of 66th St. N. and 400' S of
297th Ave.; M&B 33.04, Sec. 17-28-16 (George & Toula Sempecos) SUB 87-12 (PUD)
The property is currently in the annexation process. The 3 acre M.O.L.
site is to be zoned ~S-4 with a Land Use designation of Low Density Residential.
The applicant proposes to develop an eight lot single family subdivision.
Access is proposed from 66th St. N. via private easements. (As the property
does not directly access an approved street, a variance to the subdivision
regulations will be subject to approval by DRC.)
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The Public Works Director stated he has met with the developer of this
property and has reached a tentative agreement. Mr. Baker stated every rule and
regulation is not going to be able to be met if the City wants to accommodate
development of the property. They are proposing development in accordance with
Code, but with private roads inside the subdivision. Mr. Baker stated the
property is essentially landlocked and the only access is by use of an easement.
Chris Andros, engineer, stated the owners of the property are from Canada.
They were not at the closing when the purchase took place; they relied on the
real estate agent's opinion and were mislead. The pUblic road will go across an
easement belonging to the owners of the property.
o
The City Attorney stated he has a problem with a private easement going to
a public street. At a future time, the owner could block public access. Mr.
Baker stated a condition would have to be included to guarantee public access;
and if some agreement is not reached, the owners will not be able to develop the
property.
Mr. Andros stated the Sempecos have attempted to purchase additional
property but have not been successful.
The Planning Director requested Commission consensus as to whether to
proceed if a public easement over the property could be provided.
Commissioner Winner moved to authorize review of a preliminary subdivision
plat with final action by the DRC subject to the following conditions: 1) Veri-
fication of the most recent sales price and the assessed just value of the
property shall be submitted prior to ORe review; 2) Signs and fencing shall be
subject to separate review processes; 3) A variance to the subdivision
regulations requiring every lot to have direct access to an approved street
having 60 feet of right-of-way shall be subject to DRC approval; 4) Front
building setback lines as required by the RS-4 zoning district should be platted
for each cul-de-sac; 5) The easement across M&B 33.03 connecting the development
to 66th Street be clear and sufficient, in the City Attorney's opinion, to
adequately guarantee access to the private property and public facilities within
the subdivision; 6) The subdivision meet City standards in every respect
excepting the right-of-way adjacent to the south line of M&B 33.03 which may be
55 ft. wide; 7) If the existing easements necessary to the accomplishment of
items 5 & 6 are not sufficient, in the opinion of the City Attorney, the project
is to be resubmitted and that the appropriate officials be authorized to execute
same. Motion was duly seconded and carried unanimously.
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(Book 40)
126.
9/03/81
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The meeting recessed from 10:50 - 10:58 p.m.
o
Item U49 First Reading, Ordinance
52.111 Code of Ordinances addressing
Protection Systems on private property
4471-87, Amending
the Provision of
(UT) .
Sections 50.05
City Water for
and
Fire
The current ordinance on this subject references charges for fire
"sprinkler" systems on private property. Because the intent of the ordinance is
to charge standby fees for each "'cfonnection to the City's water distribution
system, it is recommended to substitute fire "protection" systems for fire
"sprinkler" systems to clarify the intent of the ordinance. This will cover
facilities with wall hydrants, stand pipes, fire pumps, etc. in addition to
sprinkler systems.
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The surcharge for service outside of the corporate limits of the city has
been reduced from 35% to 25% of the monthly charges to standardize these fees
throughout the Code of Ordinances.
This ordinance also changes the requirement for installation of a backflow
prevention device on fire lines to detector check valve with bypass meter. This
will save money for customers while still providing adequate protection for the
city water distribution system against backflow. This bypass meter will detect
leaks or illegal connecitons on fire protection systems.
The City Attorney presented Ordinance 4471-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 11471-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
Q
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item U50 - 1986/87 Third Quarter Budget Review, First Reading Ordinances:
The City Attorney explained that $350,000 was to have been taken from the
road and drainage improvement program to fund repairs to the Clearwater Pass
Bridge. Since an increase in revenues has taken place, the $350,000 will be
taken from the general fund and surplus put back into the road and drainage
fund.
a) Ordinance .lJ1I611-87 - Amending Operating Budget for FY , 86/87 to reflect
increases and decreases in revenues and expenditures for the General, Utility,
Bridge, Marina, Pier 60', Central Services, Garage, Special Development and
Special Program funds.
The City Attorney presented Ordinance 4464-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4464-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
(])
(Book 40)
127.
9/03/87
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The meeting recessed from 10:50 - 10:58 p.m.
I
o
Item #49 First Reading, Ordinance
52.14 Code of Ordinances addressing
Protection Systems on private property
4471-87, Amending
the Provision of
( UT) .
Sections 50.05
City Water for
and
Fire
The current ordinance on this subjp.ct references charges for fire
"sprinkler" systems on private property. Because the intent of the ordinance is
to charge standby fees for each connection to the City's water distribution
system, it is recommended to substitute fire "protection" systems for fire
"sprinkler" systems to clarify the intent of the ordinance. This will cover
facilities with wall hydrants, stand pipes, fire pumps, etc. in addition to
sprinkler systems.
The surcharge for service outside of the corporate limits of the city has
been reduced from 35% to 25% of the monthly charges to standardize these fees
throughout the Code of Ordinances.
This ordinance also changes the requirement for installation of a backflow
prevention device on fire lines to detector check valve with bypass meter. This
will save money for customers while still providing adequate protection for the
city water distribution system against backflow. This bypass meter will detect
leaks or illegal connecitons on fire protection systems.
The City Attorney presented Ordinance 4471-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4471-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
o
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #50 - 1986/81 Third Quarter Budget Review, First Reading Ordinances:
The City Attorney explained that $350,000 was to have been taken from the
road and drainage improvement program to fund repairs to the Clearwater Pass
Bridge. Since an increase in revenues has taken place, the $350,000 will be
taken from the general fund and surplus put back into the road and drainage
fund.
a) Ordinance 411611-87 Amending Operating Budget for FY '87/88 to reflect
increases and decreases in revenues and expenditures for the General, Utility,
Bridge, Marina, Pier 60, Central Services, Garage, Special Development and
Special Program funds.
The City Attorney presented Ordinance 4464-87 for first reading and read it
by title only. Commissioner Regulski moved to pass Ordinance 4464-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
@".
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(Book 40)
127.
9/03/87
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b) Ordinance '1465-81 - Amending Capital Improvement Budget for FY '86/87 to
reflect an increase in budget expen ii tures of $4,681,371 to expand the scope
of projects in the function categories of transportation, leisure, public
buildings, and utilities; and to reflect a decrease of budget expenditures of
$1,292,469 to reduce the scope of projects in the functional categories of
public safety, transportation, leisure and utilities; for a net increase of
$3,388,902 (CM).
The City Attorney presented Ordinance 4465-87 for first reading and read it
by title only. Commissioner Winner moved to pass Ordinance 4465-87 on
first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #51 - Approval of Search Firm to be used in hiring Deputy City Manager of
Operations (CH).
Various executive search firms have indicated costs and time completion
schedules for conducting a national search for Deputy City Manager of Operations
for the City of Clearwater. These firms were identified through contact with
other publiC agencies and are recognized as quality firms. Each firm has
indicated the capability to conduct the recruitment process within 60 to 90
days. The quoted base costs range from $12,000-15,000. Based upon the fact
that the City has used Ralph Anderson and Associates before and have knowledge
of their work, staff is recommending the contract be awarded to this firm.
o
The
Anderson
a 60 day
earliest
City Manager stated staff is recommending the approval of Ralph
and Associates; however, he is going to attempt to get them to agree to
rather than a 90 day completion period. He stated 90 days would be the
the City could expect to have someone hired.
Commissioner Nunamaker moved to approve the use of Ralph Anderson and
Associates to conduct the national search for Deputy City Manager of Operations
if they agree to a 60 day completion ti-me; .if not, to okay the contract to
Mercer/Slavin and that the appropriate officials be authorized to execute same.
MOtion was duly seconded and carried unanimously.
Item #52 - Library Board Appointment (1 member) (CLK).
Commissioner Berfield moved to continue this appointment to the
next cycle. Mbtion was duly seconded and carried unanimously.
Item #53 - Marine Advisory Board Appointment (1 member) (CLK).
Commissioner Winner moved to appoint Bruce Littler.
duly seconded and carried unanimously.
Motion was
XII - Other Pending Matters - None.
o
(Book 40)
128.
9/03/87
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XIII - Verbal Reports
o
The City l1anager reported the Ii'lorida League of Cities meeting will be
held October 15-17 in Miami; he questioned whether or not there would be a need
to adjust the October 15th City Commission meeting. Those who plan to attend
the Florida League of Cities meeting stated they do not intend to attend the
October 15th session, so the Commission meeting can remain as scheduled.
The City Manager stated he had received a letter from Mr.
of the Mission Hills Homeowners Association, requesting the
reconsider the amendment to the Bilgore annexation agreement.
of the Commission was not to reconsider the item.
Grant, President
City Commission
The consensus
CITY ATTORNEY REPORTS
XIV - First Reading Ordinances
Ordinance 4449-87 Annexation
of Hercules Ave., N of and adjacent
43.03 and 12.03, Secs. 1 & 12-29-15
Item
1J54
of a
to the Seaboard
(City A 87-21).
parcel of land
Coast Line RRj
on the E side
M&B's 43.01,
it
on
The City Attorney presented Ordinance 4449-87 for
by ti tle only. Commissioner Regulski moved to
first reading. Motion was duly seconded. Upon roll
first reading and
pass Ordinance
call the vote was:
read
4449-87
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
CD
Item 1155
District
Ordinance 4450-87 Zoning Atlas
(IL) for property annexed in Ord.
Amendment as
4449-87 (A 87-21
Limited
City) .
Industrial
it
on
The City Attorney presented Ordinance 4450-87 for
by title only. Commissioner Regulski moved to
first reading. Motion was duly seconded. Upon roll
firs tread ing and read
pass Ordinance 4450-87
call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item 1156 Ordinance
but not adjoining Northridge
Lanej M&B 33.04, Sec.
4451-87
Dr. and
17 -28-16 (George
Annexation of
S 0 f bu t
Sempeco3
a parcel of land
not adjoining
A 87-22).
located
South Lake
W of
Shore
it
on
The City Attorney presented Ordinance
by title only. Commissioner Winner
first reading. Motion was duly seconded.
4451-87
moved to
Upon roll
for first reading
pass Ordinance
call the vote was:
and read
4451-87
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
@',."
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(Book 40)
129.
9/03/87
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Item 1157
Residential "Four"
(A 87-22 Sempecos).
Ordinance 4452-87 Zoning
District (RS-4)
for
Atlas Amendment
property annexed
as
in
Single
Ord.
Family
4451-87
o
it
on
The City
by title
first reading.
Attorney presented Ordinance
only. Commissioner ~inner
Motion was duly seconded.
4452-87
moved to
Upon roll
first reading and read
Ordinance 4452-87
the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays" :
None.
Item 1f58
\~ side of
8, Suban's
West
Sub.
Ordinance 4453-87
Dr. approx. 175' N of Greenlea
(Miriam J. Ignos A 87-19).
Annexation
of
a
parcel of
Dr.; Lot
land located
9 & the S 2'
on
of
the
Lot
The City Attorney presented Ordinance 4453-87 for first reading and read
it by title only. Commissioner Nunamaker moved to pass Ordinance 4453-87
on first reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item fJ59
Residential
(A 87-19 Miriam J.
Ordinance 4454-87 Zoning
"Eight" District (RS-8)
Ignos) .
for
Atlas Amendment
property annexed
as
in
Single
Ord.
Family
4453-87
<0
it
on
The City
by title
first reading.
Attorney presented Ordinance
only. Commissioner Winner
Motion was duly seconded.
4454-87 for
moved to
Upon roll
first reading and read
pass Ordinance 4454-87
call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item fJ60
Nursery
Magacos
Rd. ,
& G.
Ordinance 4457-87
approx. 275' E
Tagaras A 87-20).
Annexation of
of Belcher
a parcel
Rd . ; M&B
of land
33.03,
on
Sec.
the S side
19-29-16
of
(C.
it
on
The
by
first
City Attorney presented
title only. Commissioner
reading. Motion was duly
Ordinance
Winner
seconded.
4457-87
moved to
Upon roll
for first
pass
call
reading and read
Ordinance 4457-87
the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
~
(Book 40)
130.
9/03/87
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Item #61 Ordinance 4458-81 Zoning Atlas Amendment as General Commercial
District (CG) for property annexed in Ord. 4451-87 (A 37-20 Magaco3 & Tagaras).
o
it
on
The City Attorney presented Ordinance
by title only. Commissioner Winner
first reading. Motion was duly seconded.
4458-37 for
moved to pass
Upon roll call
first rending nnd read
Ordinance 4458-87
the vote was:
"Ayes":
Berfield, Reg~lski, Winner, Nunamaker and Garvey.
"Nays":
None.
Item #62 Ordinance 4469-87 Vacation of a
N side of Lots 3,4 & 5 and on the S side
Addition Sub. (SDS Investments V 87-08).
3' Utility
of Lots 8,
Easement lying on the
9 & 10, Blk. A, Gunns
it
on
The City Attorney presented Ordinance 4469-87 for
by title only. Commissioner Nunamaker moved to
first reading. Motion was duly seconded. Upon roll
first reading and read
pass Ordinance 4469-87
call the vote was:
"Ayes":
Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays":
None.
xv - Resolutions
Item /163
Block D,
incurred
Resolution 87-33 Assessing certain real property consisting of
Lot 37, Greenwood Park, for demolition costs in tho amount of $1,626
in removing a dangerous structure.
"
Commissioner Winner moved to pass and adopt Resolution 87-33 and
authorize the appropriate officials to execute same. Motion was dUly seconded.
Upon roll call the vote was:
"Ayes":
Berfield, Regulski, Winner, ~unamaker and Garvey.
"Nays":
None.
XVI - Other City Attorney Items
Item 1164
Appeal in Bekker vs. City of Clearwater
The Circuit Court ruled against the City in the above referenced
ordering that the sick leave conversion payout, that was part of the
abandoned "caf'eteria fringe benefit plan", be placed back into effect f'or
plaintiffs. In order to preserve the City's right to secure review of
Circuit Court decision, Mr. William Sizemore, of Thompson, Sizemore
Gonzales, filed the Notice of Appeal with the Second District Court.
deadline for filing is relatively short and the law provides for no excuses
party misses the deadline.
case
now
the
the
and
The
if a
Staff is recommending the City Commission authorize the appeal in this
case.
t"4\
V
(Book ~O)
131.
9/03/87
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.1
J
I
Commissioner
Bekker vs. City
authorized to
unanimously.
Regulski moved
of Clearwater
execute same.
to authorize
case and that
Hotion was
District Court appeal in the
the appropriate officials be
duly seconded and oarried
o
Item #65 - Settlement with R. T. Hirsch & Benetech, Inc.
Ronald T. Hirsch made an improper actuarial valuation for the City's
Pension Plan, resulting in an undercontribution by the City of Clearwater, for
the fiscal year 1985/86. The amount of the underfunding was $936,164. The
error was made by Benetech, Inc., a firm retained by Mr. Hirsch.
A let tel' was sent to Mr. Hirsch on April 22, 1981 demanding the sum 0 f
$9,994, which was an amount suggested by the City Attorney and Finance Director,
consisting of $6,500, the amount paid to Mr. Hirsch, and $3,494, the amount
paid to Ogle and Waters, Inc. who were retained to correct Mr. Hirsch's work.
A check for $5,000 has been received
expected shortly from Crum & Forster, Inc.,
Mr. Hirsch will be released from liability.
from
the
Benetech, Inc. and one is
insurer for Benetech, lnc.
Commissioner Regulski moved to approve settlement of $9,994 from Benetech,
Inc. and that the appropriate officials be authorized to execute same. Motion
was duly seconded and carried unanimously.
XVII - Other Commission Action
Item #66 - Salary Evaluation for City Attorney
0)
The annual evaluation of the City Attorney has been completed and it is
appropriate to consider a salary adjustment at this time. The Commission has
been provided information regarding salaries and benefits for City Attorneys
in other jurisdictions and a history of the City Attorney's salary.
Any adjustment to the City Attorney's salary would be effective as of
September 16, 1981.
Concerns were expressed regarding the public being aware of items before
the City Commission has a chance to get their mail. The City Manager responded
that material that comes in for the Commission is released immediately to the
press due to a policy set by a prior City Commission. This policy could be
changed if the Commission so desired.
This policy will be discussed at the next work session.
Commissioner Regulski moved to increase the City Attorney's salary to
$61 ,000 and that the appropriate officials be authorized to execute same.
Motion was duly seconded and carried unanimously.
It was pointed out that this is slightly more than a 5-1/2 % increase.
@,
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(Book 40)
132.
9/03/87
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Item #67 - Salary Evaluation for City Manager
o
The
appropriate
been
in other
annual evalua tion of
to consider a salary
the City Manager
adjustment at
has
this
been
time.
Any adjustment to the City Manager's saldry would be retroaotive to June
3, 1987.
City
item until
Concerns were expressed
Manager's new organization
the second meeting in
that not
plan and
January
enough time had
suggestion
a
'88.
elapsed
was made
to evaluate the
to delay this
The City Manager objected stating that he should be evaluated on his
performance not on his reorganization plan.
City Commission consensus was to delay this item until Januury.
taken.
No aotion
Other Commission Action
Mayor Garvey stated a meeting to disouss the pension rewrite needed to be
scheduled. Commission consensus was to schedule Thursduy, Soptombor 10th at
6:00 p.m. (The meeting was later changed to Septomber 8th at 6:00 p.m.)
Mayor
Washington,
item.
Garvey
DC to
stated
become
she had
a state.
rece i ved a
There was
request to :.mpport a move
no Commission oonsensu~ on
for
this
(!)
Commissioner Regulski
County for Clearwater
Commission consensus was
had
to participate 1n
not to participate.
stated
he
reoeived a
their whlte
roquest
beach
from
sand
Manatee
contest.
XVIII - Adjournment
The meeting adjourned at 11:49 p.m.
~
Mayor/Commissioner
Attest:
~~~~ E )i....,Qo--
Cit Clerk
cW"....
'....1.".
'I. '
(Book 40)
133.
9/03/87