09/18/1980
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FINAL AGENDA - CITY COMMISSION MEETING - SEPTEM~ER 18, 1980 6:00 P.M.
ITEM
1. Pledge of Allegiance
2. Invocation
.3. Introductions and Awards
4. Approval of Minutes of 9/4/80
City Manager Reports
5. Agreement with V~n McNeel Development to
satisfy Parkland dedication requirement
6. Pinellas Ambulance Service, Inc. - License
to Opera te
7. 90 day extension - Bassett Tool & Machine
8. Adopt Ordinance #2187 - Water Impact Fees
9. Bid: NE Effluent Transmission Line - Alliga
tor Creek - Water Main
10. Ordinances - MID BEACH REZONING:
a. Second Reading - Ordinance #2163
b. Second Reading - Ordinance #2164
11. Verbal Reports
12.
Other Pending Matters:
a. Micro-Computer Purchase for Pilot .
Study ($7,094.95 Radio Shack, Tampa)
b. Approve Resolution Supporting amend-
ments to Interlocal Agreement
Public Hearings (7:30 P.M.)
13. Lot Mowing list - 180-7
14. Vacation Request - UPCO Postal Employee
Credit Union
15. Revised Master Plan for RPD - Oak Heights
Park to Add a Share-A-Home of Upper Pin-
ellas Co., Inc.)
16. Annex property on San Bernadino St. between 4
McMullen Booth and Madera (Eden Developme t .
Cor.p. )' 5 .
17. Annexing, Zoning & LUP Amendm2nt for proper
abutting Moccasin lake Park (City)
18. Annexing and Zoning property at NW inter-
section of Drew St & McMullen Booth Rd.
(City)
19.
Fiscal Year 1980/81 Budget:
a. Operating Budget
b. Second Reading - Ord. #2205(see above)
c. Millage Rates for 1980/81
d. Second Reading - Ord. 12204(see above)
e. Capital Improvement Budget
f. Second Reading - Ord. #2206(see above)
20 Citizens to be Heard re Items Not on the
Agenda
21.
City Attorney Reports
,
Second Reading - Ord. #2165 - Amending
Ord. 12019 to Change Land Use Designation
LUP 80~31 & lUP 180-36
Second Reading - Ord. 12189 ~ Amending Zon-
ing Atlas (Wickman) - P.H. 8/7/80)
Second Reading - Ord. 12190 ~ Amending Zon
iog Ord. to Amend MaximUm Height for
,.:RM-20, etc. (P.H. 7/17 & 811/80)
22.
23.
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1. Interim Police Chief McClamma.
2. Interim Police Chief McClamma.
3. Proclamation - Clearwater Babe Ruth ~
All-Star Team presented to Don '-;~
Henderson ~t
K~y to City - Joe Madden, Team Manager.~t;~'
Tle Tac Keys to Coaches and Players. ~.
Employee of the Month: George Smith- \
W.P.C.
Citation: Glen Beneke, Clearwater
Housing Authority - in appreciation.
4. Approved as amended.
5.. Wi thdrawn.
6. Approved.
7. Approved 90 day extension for Special
Exception.
8. Ord. #2187 adopted as amended
9. Approved: Part I-Woodruff & Sons,
$1,164,160.00; Part II - Pioneer
Excavating $3,020,735.00;McMu11en
Booth Water Main, Jack Laurance
Contractor, $212,534.50.
Oa. Ord #2163 adopted.
b. Ord #2164 continued to 10/2/80
1. City Manager reported on status of
park negotiations, Special Meeting
9/25/80,Annex .
LiBrary Grand Op~n~ng - 10/26/80
City Manager-leMA conference 9/28-10/2
120. Appr()~~.d .
b. Resolution #80-104 Adopted;.
3. Authorized clearing and billing of
property owners.
Approved subject to 10' easement.
Approved with conditions.
Approved w/ RS-SO zone & F.D.I2.
Approved w/ P zone,F.n.H1 & LUP
recommendation.
Approved w/ P zone, F.n.HI & LUP
recommendation.
a. received citizen comments
b. Ord #2205 adopted.
c. received citizen comments.
d. Ord #2204 adopted.
e. received citizen comments.
f. Ord. #2206 adopted.
O.News Radio 1470 WWQT(Computer Messagti
System of the Suncoast Inc. Repr,
Lowell Paxton) granted 30 day sign
permit (9/18/80 - 10/18/80)
21. Ord. NZ165 adopted.
22. Ord. 112189 adopted.
23. Ord. 1t2190 adopted.
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page 2.
FINAL AGENDA CITY COMMISSION MEETING SEPTEMBER 18. 1980 6:00 P.M.
City Attorney Reports (continued)
Ord. *2201 adopted.
Ord. *2208 adopted.
Ord. N2209 adopted.
Ord. N2210 adopted .as amended.
Ord. #2211aontinued to 10/2/80..
Ord. #2213 passes first reading.
None.
24. Second Reading - Ord. 12207 - Authorizing 24.
Issuance of Note for $46.956 to be Known as
"Park Acquisition Note. Series 1980B" for 2S.
Purchase of Updike Tract
. 2~. Second Reading - Ord. *2208 - Authorizing ~~S ~~i
Issuance of Note for $78.936 to be Known as
. IIPark Acquisition Note, Series 1980C" for 27.
Purchase of Rasch Tract
26. Second Reading - Ord. #2209 - Amending Oper-', 28.
ating Budget for Fiscal Year 1979/80
27. Second Reading - Ord. 12210 - Amending Capita 29.
Improvement Budget for Fiscal Year 1979/80
2B. Second Reading - Ord. #2211 - Amending Chapte 30.
24, Utilities, to Increase Current Rates fo
Gas 31. Adjourned 11:45
29. First Reading - Ord. #2213 - Amending Zoning
Ordinance as to Article XXXII, Fences &
Wall and Requiring Site Plan for One Acre
or More
32. Accepted 6 employees.
33. Adjourned 12:05 a.m.
30. Other Commission Action
31. Adjournment
32. Trustees of the Employees Pension Fund:.
Membership in Employees' Pension Fund
. 33. Adjournment
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CITY COMMISSION MBBTING
September 18, 1980
The City Commission of the City of Clearwater met in
regular session at the City Hall, Thursday, September 18,
1980, at 6:18 p.m., with the following members present:
Charles F. LeCher
Richard E. Tenney
Marvin Moore
Rita Garvey
Paul A. Hatchett
Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Anthony L. Shoemaker
Thomas A. Bustin
Cecil Henderson
David P. Healey
W. H. McClamma
Sue Lamkin
City Manager
City Attorney
Asst. Public Works Director
Planning Director
Interim Police Chief
Asst. City Clerk
The Mayor called the meeting to order. Interim Police
Chief McC1amma led the Pledge of Allegiance and offered the
invocation.
ITEM H3 - Introductions and Awards.
A Proclamation honoring the All-Star Team from
Clearwater Babe Ruth League was presented to Don Henderson,
Commissioner of the League. Joe Madden, manager of the
All-Star Team, was presented a key to the City and tne coacnes
and players were presented with City tie tac Keys.
George Smith from the Water Pollution Control Division
is the Employee of the Month of September.
ITEM #4 - Minutes.
The City Manager discussed Item 13, Preliminary Site
Plan and Community Impact Statement for Imperial Pines Condo-
miniums and stated the Resource Development Committee and
representatives of Mr. Rutenberg had the impression tpat these
items were approved. A review of the tapes from this meet-
ing confirm that the motion provided for the normal adminis-
trative review process, and this was a conceptual site plan
approval which would not require resubmission to the City
Commission unless staff experienced problems. The Planning
Director pointed out that Tim Johnson, attorney represent-
ing the developer, had mentioned deed restrictions or covenants
which need to be changed. Presumably this matter would have
to come before the Commission before approval of the site
plan could take effect.
Commissioner Garvey stated she recorded a "Nay" vote
on Item 24, Page 17. .
. Commissioner Garvey moved to approve the minutes of the
special meeting of September 4, 1980, and the minutes of the
regular meeting of September 4, 1980, as amended, and as. sub-
mitted in written summation by the Clerk to each commissioner.
Motion was seconded by Commissioner Moore and carried unani-
..mously'.. .
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City Manager Reports
The City Manager recommended this item bo withdrawn
because of unexpected problems.
Commissioner Hatchett moved to withdraw the item. Com~
missioner Moore seconded the motion which carried unanimously.
Ave.
The application was reviewed by appropriate City Officials
and inquiry was made of Tom Korth~ Director of Pinellas
County Emergency Medical Service., and the Pire Chief of
Pinellas ParK, both of whom stated their experience with this
company has been good.
Commissioner Garvey moved to approve the request. Com~
missioner Tenney seconded the motion which carried unanimously.
The City Commission approved the special exception use
and extension to October 1, 1980. The applicant needs time
to relocate the business to the Hercules Industrial Park.
Commissioner Hatchett moved to approve the request.
Commissioner Moore seconded the motion which carried unani-
mously.
ITEM M8 - Second Reading, Ordinance '2187 - To Provide
a Schedule of Water impact Fee Charges; Amending Article III,
Water, Chapter 24, Utility SystemL of the cOdel to Provide a
Se arate 'Pund'into .which Utilit 1m act Fees W 11 Be Paid.
ont1nue rom 8 .
This ordinance is the result of n study completed in
August 1980 by Briley, Wild & AssociatcsJ lnc'J concerning
the need for expansion of the water system and to ensure that
new residents to the City help pay costs of any expansion
which will be needed.
Commissioner Tenney moved to amend Puge ZJ Section 2.
Paragrapb 1 (b), to change the word "valvo" to "vuIue" on
Lines 8~ 9, and 15; and to amend Page 2, Soction 2J Para-
graph 1 (a), to delete "$250.0011 and substitute $275.00.
Commisioner Garvey seconded the met ion which carried unan~
imously.
The City Attorney presented Ordinanco '2187, os amended
for second reading and stated he would Tond by title only
unless tbere was a request to road in its entirety. The
Ordinance was read by title only. Commissioner Garvey moved
to pass and adopt Ordinance ~Z187, os amended, on second
and final reading and to authorizo tho approprinte officials
to execute same. Commissioner Moore seconded tho motion.
Upon roll call the vote was:
"Ayes": Garvey, HatchcttJ Mooro, Tonney and LeCher.
"Nays": None.
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The Planning Director reported the original RPD was
established in 1973 for this subdivision. There was a minor
plan change approved previously to accommodate the condominium
at the east end of the lake. Slides were shown.
This request relates to one lot only. which contains
approximately .75-acre of upland. There will be no exterior
extension or expansion of buildings. Commission approval,: .
would be required for any expansion.
Herb Donald, Jr.. Vice-President of Share-A-Home, stated
the project is for elderly ambulatory persons, to live together
as a family with a resident manager or housekeeper.
Sandra Sroka, planner for Florida Gulf Health Assistance
Agency, explained the share-a-home concept.
The Planning Director reported amendments to the Housing
Element of the Comprehensive Plan and the Zoning Ordinance.
are planned, which will address the issue of congregate living.
The only eXisting zoning district which permits flexibility
to consider. this request is the RPD zone. '.
Citizens spoke in opposition, citing deed restrictions,
incompatibility, no controls on zoning, and property deprecia~
.~on. In rebuttal, Walter Schoenig, President of Resident Home
. Association of Upper Pinellas County, and Dwight Dudley, aide
to <.Representative Sheldon who is chairman of the. HRS Committee
in the State Legislature, spoke in SUppoTt of the request and
.;, stat~d. 'studies have been. conducted by various agencies which
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Public Hearings
ITBM M13 - A Public Hearing on Lot Clearing Violations,
List #f80-7.
Complaints of lots needing to be cleared have been
investigated by the Sanitation Division and owners were
notified by certified mail to clear the property within 10
days or a public hearing would be held to authorize clearance.
Lis~ #80-7 with 6 property owners who failed to clear
their property within the 10 days was presented.
City Inspector Domenico (Jack) Carannante stated the lots
remaining to be cleared constituted a menace to public health,
safety, and welfare.
Commissioner Garvey moved to authorize clearance of the
properties in violation of Ordinance #1894, and billings of
the property owners for costs and/or administrative charges
and the appropriate officials be authorized to execute
same. Commissioner Tenney seconded the motion. There were no
objections. Motion carried unanimously.
ITEM #14 - A Public Hearing to Consider Vacating Utility
and Drainage Easement. Portion of Lot 2. Professional .
Business Complex~ Section l3~Z9-isupco Postal Employees Credit
Union (V-80-11)
The property is located at 25 North Main Avenue and the re-
qmstnm; reviewed by City departments. The adjoining property
owner has agreed to give the City a lO-foot easement<to
replace the one being vacated. There were no citizens to
speak.
Commissioner Tenney moved to approve the ~equest for
vacation subject to a 10-foot easement being given to 'the
City to replace the one being vacated, and the City Attorney
to include this in an ordinance. Commissioner Moore seconded
the motion. Motion carried unanimously.
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ITEM "26 - Second ReadingJ Ordinance '2209 . 'Amending
Operating Budget for'Fiscal Yoar 1919/80.
The City Attorney presented Ordinance '2209 for second
reading and stated he would read by titlo only unless there
was 0 request to read in its entirety. Tho Ordinance was
read by title only. Commissioner Tenney moved to pass and
adopt Ordinance '2209 on second and final teading and to
authorize the appropriate officials to execute same. Coi- .
missioner Moore seconded the motion. Upon roll call the vote
was:
"Ayes II: Garvey, Hatchett, Moore, Tenney and 'LeCher.
"Nays": None.
o.
Commissioner Moore moved to amend Ordinance H2210. amend-
ing the Capital Improvement Program Report and Budget for tbe
fiscal year beginning October 1, 1979 and ending September' 30,
1980, to reflect Commission approval to purchase the Rasch- .
Updyke properties, reversing Mid~Year transfer to the Special
Program Fund, and increasing General Fund Contribution to
the Library project for landscaping and parking lot renov~'
tion.
Increase Program Expenditures:
Park Acquisition
Library (Prior year funding)
Library (Current year funding)
$160,000
49.,69.9
5,000
Increase Recources Appropriated for Capital Projects:
Park Impact Fees
Revenue Note
General Fund
r 34,108
125,892
54,699
Commissioner Hachett seconded the motion which carried
unanimously.
The City Attorney presented Ordinance 82210, as amended,
for second reading and stated he would read by title only
unless there was a request to read in its entirety. The Ord-
inance was read by title only. Commissioner Moore moved to
pass and adopt Ordinance "2210, as amended, on second and
final reading and to authorize the appropriate officials to
execute same. Commissioner Garvey seconded tbe motion. Upon
roll call the vote was:
"Ayes": Garvey, Hatchett, Moore, Tenney and LeCher.
"Nays" : None.
ITEM "28 - Second Reading, Ordinance J2211 - Amending
Chapter.Z4, Utilities System. Rate Adjustment, Gas .System; Etc.
Commissioner Moore moved to amend Section 10 on Page 10
as follows:
Subparagraph (eJ of Section 24-75 be amended to
insert a period after the underlined words "human
habitation" on Line 3; and to insert "Garbage
produced by residential dwellings used for human
habitation" before the words'''must be shreddedJII
in Lines' 3 and 4.
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Commissioner Tenney seconded the motion which carried
unanimously.
The City Attorney read Ordinance 12211 by titlo only.
Terry Siple, Management Consultant, reported a goneral
survey indicated Clearwater currently has the highest commer-
cial rates for usage above 300 therms a month. This proposed
change would put Clearwater even higher and suggested the City
explore marketing compressed natural gas which could gener-
ate enough revenue to maKe up the current deficit, even with
the existing rates. He has been involved in sales and mark-
eting of compressed natural gas outside this area and offer-
ed the City the benefit of his expertise.
Jeff Butler, Assistant City Manager for Finance, report-
ed the rate has not been reviewed for the past 5 years. The
increase is needed because the Gas System. is $2,000,000 in
debt to the Water and Sewer Division and this has jeopard-
ized the financial position of the overall Utility Fund.
Commissioner Tenney moved to continue Ordinance *2211
to October Z, 1980. Commissioner Hatchett seconded the motion.
Upon the vote being taken, Commissioners Hatchett and
Tenney and the Mayor voted "Aye"; Commissioners Garvey and
Moore voted "Nay." Motion carried.
Commissioner Moore moved that Ordinance #2213 be read
and considered by title only on the first reading by the
unanimous consent of the Commission. Motion was seconded
by Commissioner Tenney and carried unanimously.
The ordinance was read by title only. Commissioner
Moore moved that Ordinance #2213 be passed on its first
reading. Motion was seconded by Commissioner Tenney. Upon
roll call the vote was:
"Ayes": Garvey, Hatchett, Moore, Tenney and LeCher.
"Nays": None.
'ITEMH30 ~ Other Commission Action.
None.
'--ITEM 'H31.~, T.~e. .l11:ee.tft..n.g. ')'l.a.~. .a_~jo"~~n.e.d...at .11:'.4.~ p.,m.
The City Commission then met as Trustees of the Employees
Pension Fund with the Mayor calling the meeting to order.
ITEM #32 - Trustees of the Employees' Pension Fund~
Membership.
Rod Smith representing Eugene Hunt, the Firefighters,
and the C.W.A. referred to Section 2~S8 Workers' Compensation
Exclusion in the Pension Ordinance. He requested Wes Brette1
receive pension benefits from June 11 to July 3D, 1980, and
consistent policy be established by the trustees, concerning
effective dates for pension benefits when Workers' Compen-
sation is involved.
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,. ~iscussiori ensued and M~. Smith agreed to submit B.
written statement concerning the points raised. The matter
will. be studied and referred to the trustees for action~ .
Commissione~ Tenney moved to approvo the recommendation
of tho Advisory Committee to accept tho following 6
employees into membership:
Joseph V. Caple
Maureen P. O'Brien
Marcia L. Pugh
Ronald J. Nessler, Jr
Donovan G. Chaney
Stephen D. Gibson
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Central Services - Garage.
Legal Dapa rtrnent ..
Libraries Department .'
Parks & Recreation - Parks' .
Public Works ~ Public ,Service
Utilities Department Gas
Commissioner Moore seconded the motion which carried
unanimous 1 y',
ITEM 133 - The meeting adjourned at'12:0S s.m.
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Ma)'orjCommissioner
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