09/05/1991 (2)
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CITY COMMISSION MEETING
September 5, 1991
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, September 5, 1991 at 6:00 p.m., with the fOllowing
members present:
Rita Garvey Mayor/Commissioner
Sue Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner
Richard Fitzgerald Commissioner
Also present:
Michael J. Wright
M.A. Galbraith, Jr.
William C. Baker
James Polatty, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
Public Works Director
Planning and Development Director
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
The invocation was offered by Reverend Randy Hehr of the Episcopal Church of
the Ascension.
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.
Three service pins were awarded to City employees.
IV - Introductions and Awards - None
v - Presentation~ - None
VI - Minutes of the Reoular Meetino of AUQust 15. 1991
Commissioner Fitzgerald moved to approve the minutes of the regular
meeting of August 15, 1991, as corrected by the City Clerk. The motion was
duly seconded and carried unanimously.
VII - Citizens to be heard re items not on the Aaenda.
Early J. McMullen requested a traffic light be installed at the
intersection of Gulf-to-Bay and Bayview Avenue.
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ACTION AGEHOA - CITY COMMISSION MEETING - September 5, 1991 (6tOO P.M.)
Welcome. We are glad to haye you join us. If you wish to speak please wait to be
recognized, then state your ~ and ad~res$. Persons speaking before the City
Commission on other than Public Hearfng items shall be limited to 3 minutes. Ho person
shall speak more than once on the same subject unless granted permission by the City
Comhs ion.
t. Pledge of Allegiance
n. Invocation
Ill. Service Pin Awards
IV. Introductions and Awards
v. Presentations
VI. Hinutes of Regular Meeting August
IS, 1991
VII. Citizens to be heard re ttems not
on the Agendll.
r. Hayor.
II. Rev. Randy Hehr, Episcopal Church of
the Ascenslo".
llr. 3 pins awarded.
IV. None.
V. Hone.
VI. Approved as corrected by Clerk.
VII. Earlv J. HcMull~O requested a traffic
li9ht at Gulf~to~Bay and Bayview.
Hot Before 6:00 P.M. ~ Scheduled Public Hearings
(21) Presentation of issues by City staff. (S) COll1'llents in support and in
( ) Statement of case by applicant or oppositiont (a) individual (3
representative (5 minutes). minutes}; (b) spokesperson for groups
Statement of case by opposition (10 minutes).
(5 minutes). {a67l Commission questions.
Commission questions. Rebuttal by opposition (5 minutes).
Final rebuttal by applicant or
representative (S minutes).
(3)
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VIII PUBLIC HEARINGS
9. Public Hearing & First Reading Ords.
'51Z5~91 & '5126-91 * land Use Plan
Amendment to Recreation and OS/R
Zoning for property located in E. A.
Marshall's Sub., 5 1/2 of Lots 11 &
12 and N portion of lot 18, Sec. 3-
29-15, 6.35 acres(Cfty LUP90-20)(PlD)
10. (Cant. from 8/15/91) Alcoholic
Beverage Distance Separation Variance
for property (Britt's 8eachs1d. Cafe)
located at 201 S. Gulfview Blvd..
lloyd~White~Skinner Sub., Lots 48~52
and lot 98 (Stanislaw, Bud%inski,
AB91-07)(PLD) To be Withdrawn
Public Hearing - Second Reading Ordinances
9. Reapproved. Ords. 15125-91 & '5126-
91 passed 1st reading.
10. Withdrawn.
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11. Ord. 15115-91 - Millage Rate for
FY9I~92
12. Ord. 15116-91 ~ Operating Budget for
F'i91-92
13. Ord. 15117-91 - Capital Improvement
Program Budget for F'i91-92
14. Ord. 15119-91 - Vacating 51 utility
easement lying along East lot line of
Lots 1 thru 6, Blk 40, Mandalay Sub.
(O'Connell/City V91.08)
15. Ord. 15124-91 ~ Relating to flood
protection, amending Sec. 146.004,
revising definitions of .substantial
improvement" and "market value of the
structure"
15. Ord. '5124.91 adopted.
11. Ord. 15115-91 adopted.
12. Ord. '5116~91 adopted.
13. Ord. '5117~91 adopted.
14. Ord. 15119-91 adopted.
9/5/91
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CITY MANAGER REPORTS
lX CONSENT AGENDA (Items 116-43) lX Approved as submitted less 138 & 139.
Agreements
16. Approval of ranking and a?reement
with Coopers and Lybrand or
independent auditing for FY ending
9/30/91 for a total fee not to exceed
586,500 (AS)
17. Extension of service agreement with
Schiller International University for
one rear with no additional payment
(LIB
18. lease agreement for Mlrina bUildin,
ro~s 6 & 6a to Betty Perrino, d/b a
Harbor Barber and Beauty Styles and
assignment of lease contin~ent upon
closing on the sale of bus ness on
10/1/91 to Daniel A. Deach for a 5
year periOd) for the total sum of
S30,OOO (MR
19. Supplemental Agreement 13 to
contractual agreement with David
Volkert & Associates, Inc., regarding
Clearwater Pas, Bridge Replace..nt
Project providing redistribution of
approved payment amounts fn Phase I
(PW)
Leases
. 20. Lease of City-owned property located
at intersection of Holt Ave. and
Russell St. to Comaunity Pride Child
Care Center of Clearwater, Inc. (PW)
Bfds & Contracts
21. Extension of contract for A-4
computer .-intenance to Unisys Corp.,
Tampa, Fl, for the period 1011/91-
9/30/92, at an estimated amount of
$28,504 (AS) ,
22. Contract for hardware and operating
syst.. software su~port to Network
Computing Corp., C arlotte, NC, for
-; the period 10/1/91-9/30/92, at an
estimated amount of $18,100 (AS)
23. Purchase Unfsys (:.;:J other cOlIIPuter
hardware from Better Business Forms,
Clearwater, FL, at an estimated cost
of $30,718 and computer software from
Software Spectrum, Garland, TX, at an
estimated cost of $6,032 (AS)
24. Purchase of four Gravely Professional
16~G tractor-type riding lawn DOWers
from Bob's Quality Howers.
Clearwater. FL, at a total cost of
$18,276 (GS)' ,
25. Two year contract for purchase of
cellular telqphanl service to GTE
Hobllnet, Inc., Tampa, FL, for the
period 9/6/91-9/5/93, at an estimated
cost of S50,000 (GS)
26. Purchase of two Debra/Jacobsen
. Professional Riding Mowers from Debra
Turf & Industrial Equipment, Tampa,
Fl, for a total cost of $13,620 (GS)
9/5/91 2
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27. Contract for slcurity gulrd slrvicI
at Main Library to Janus Security,
for the period 8/16/91-8/15/92, for
approx. 2,314 hourss at an estimated
cost of $15,272.40 \LIB)
28. Extension of contract to Lawmen's &
Shooter's Supply, tnc., Vera Beach,
fL, for purchase of approx. 80
protlctivo VIStS Ind covers for the
period 10/1/91-6/17/92, for an
estimated total of S27,449.60 (PD)
29. Amendment to existing sludge disposII
contract with Davis Water and Waste
Industries, Tallevast. FL (PW)
30. Purchase of Lot 10. Blk 1, Moise and
Harrison Sub. for $60,000 (heirs of
Pinkie Pendleton/Oorsey)(PW)
31. Purchase of Lot 21 Mle Dixon's 1st
Addn. for $45,000 lRuby E. Ofxon)(PW)
32. Purchase of Lot 18 of Originll Lot 5,
R. H. Padgett's Sub. for $60,000
(Jacqueline Pettiford)(PW)
33. Purchase of Lot 16, Revisld Map of R.
H. Pldgett's Sub. of Originll Lot 5
for $60,000 (Sally L. Oavis)(PW)
34. One year contract for purchase of
liquid pDI~r to Rhone-Poulenc Water
Treatment Chemicals, for the period
9/6/91-9/5/92. at an annual cost of
S181,825 (PW)
35. Contract for new pump and ~tor
storage building at the
infrastructure complex (proposed
building "0") to Consolidated
Building Concepts, Inc., Clearwater,
FL, for $45,084 (PW)
36. Extension of contract for 16NM
.icrographfc strvfcas with Anacomp,
Inc., Tampa, FL, for the period
10/1/91-9/30/92, for an estimated
total of $30,000 (CLK)
37. Extension of contract for 35M"
.fcrogrlphic services with Micro
Image, Inc., Tampa, FL, for the
period 10/1/91-9/30/92, for an
estimated total of S20,000 (CLk)
Citizens & Staff Requests
38. Authorization to return $25,000 from
CIP Code 315-1-4509 to the non-
departmental division of the General
Fund for the purpose of contributing
the money to the Philadelphia
Phillies for construction of a new
clubhousa at Jack Russell Stadium-PR
39. Dates and Locations for 1991/92 Town
Heetings (eLk)
Plans & Plats
40. Preliminary- Site Plan for Instrument
Transforaer, Inc. located approx. 3/8
mile S of Sunset Pt. Rd. between
Calumet St. and Hercules Ave., 1901
Calumet st. (Johnson)(PLD)
41. Preliminary Subdivision Plat for Drew
Street Industrial Park located fn
Sec. 13~29-15, 2171 Drew Street
(Todsen/Wasenda)(PlD)
9/5/91 3
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38. Approved.
39. Approved; Morningside Recreation
Center 10/22/91, Hartin Luther King
Center 11/26/91, Hemorial Civic
Center 3/24/92 and Countryside
Library 4/28/92.
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. Receipt & Referral
42. Recreation & Open Space Land
Dedication Ordinance (PR)
43. Ann.xation, Land Us. Plan ~ndl.nt
to Public/Semi-Public and P/SP Zoning
for a parcel located on the W side of
McMullen-Booth Rd., N of Countryside
Sports Complex, Sec. 21-28-16, H&B
23.09 less E 50' (Bethel Lutheran
Church)(PLD)
X OTHER ITEMS ON CITY MANAGER REPORT
44. Res. 191-26 - Supporting application 44. Res. '91-26 adopted.
of Pinallas County to become a
community contribution tax incentive
program sponsor for purpose of
providing dental services to indig_nt
citizens of Clearwater and Upper
Pinellas count~ (ED)
45. Request from T e Clearwater Jaycees, 45. Approved co-sponsorhsip and waiving
Inc. to waive city charges and of fees with understanding that the
insurance rc,u1rcments for the Jaycees would pay police cost.
Hational POW MIA Recognition Day
Tribute to be held at Coachman Park
on 9/21/91 (PR)
46. Contract to purchase Downtown Maas 46. Approved. Res. '91~38 adopted.
Brothers property
47. Library 80ard - 1 appointment (eLK) 47. Reappointed Katherine Merriam.
48. The Long Center Board of Directors ~ 48. Continued.
. 2 appointments (elK) Clarified W. Zinzow
49. The Center Foundation Board of 49. Continued.
Trustees ~ 1 appointment (eLK) appointed for full term.
XI Other pending Matters XI None.
CITY ATTORNEY REPORTS
XII First Reading Ordinances
50. Ord. 15128-91 - Relating to vehicular 50. Ord. '5128-91 passed 1st reading.
traffic, creating Ch. 135, consisting
of Sees. 125.01 thru 125.07,
restricting practice of .cruising. or
unnecessary repetitive driving on
certain streets, providing for fines,
effective date, and automatic repeal
as of 5/1/92
51. Ord. 15133-91 - Relating to water 51. Ord. 15133-91 passed 1st reading.
shortage plan, amending Secs. 52.43
thru 52.50, defining .Code
Enforcement Officer" and "water
shortage plan"
52. Ord. '5134~91 ~ Amending Sees. 1.08, 52. Ord. '5134-91 passed 1st reading.
71.36, 93.04, 93.28, 94.02, 95.15 &
137.034 - revising a number of
provisions in the City Code
XIII Resolutions
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53. Res. '91-29 - Requesting Pinellas
County to cancel and discharge
certain tax liens and grant tax
exemptions for municipal property
acquired for public purposes
9/5/91
53. Res. '91-29 adopted.
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54. R'I. '91-33 . Dedicating 15' drainage
easement located on S side of Sand
Key Sailing Center on Gulf Blvd.
XIV Other City Attorney Item~
Request for Approval to File a 55. Approved.
Complaint for Writ of Replevin to
Recover Property (Rubalcava)
Authorization to Fite lawsuit 56. Authorized.
regarding Sanitary Sewer line on
Stowell property
City Manager Verbal Reports XV None.
54. PuHed.
55.
56.
xv
XVI
Other Commission Action
XVI
~ reported water restriction
had been lifted except no watering
between 10:00 a.m. and 4:00 p.m.
da ny.
7:20 p.m.
XVII
Adjournment
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VIII ~ PUBLIC HEARJNG~
ITEM 19 - Public Hearing & First Readina Ordinances 15125-91 & t5126~91 - land
Use Plan Amendment to ~ecreation and OSlR ZoninQ for property located in E. A.
Marshall's Sub., S 1/2 of Lots 11 & 12 and N portion of Lot 18, Sec. 3-29~15,
6.35 acres (City lUP90-20)(PH)
The above cited ordinances replace Ordinances 15070-91 and 15071.91
which were adopted to effect the zoning and land use plan classification for
the City park site, but which were not appropriately advertised.
The property for which the Land Use Plan Amendment and Zoning is being
requested, is owned by the City and was annexed by Ordinance '5072.91 on May
2, 1991. The future development plans for the site call for the western most
portion of the property to be developed as an active park, with playgrounds
and ballfields. The eastern most portion is heavily wooded and is planned to
be used as a passive park with trails and picnic facilities.
The Comprehensive Plan Amendment (Land Use Plan Amendment) has been
reviewed by the Florida State Department of Community Affairs (DCA) and they
have raised no objections. Upon finalization of the Land Use Plan Amendment,
the DCA will still have to formally make their compliance determination. The
Countywide Planning Authority has approved the proposed Land Use Plan
Amendment.
Commissioner Regulski moved to reapprove the Land Use Plan designation
of Recreation and the OS/R Zoning fo\' property located in E. A. Marshall's
Sub., S 1/2 of Lots 11 & 12 and N portion of Lot 18, Sec. 3-29-15. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5125~91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 15125-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
UAyesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
llNaysll: None.
The City Attorney presented Ordinance #5126-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5126-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
lIAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
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9/5/91
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ITEM 1 - Cant. from 15 1 lcoholic Bevera e Distance e a at 0
Variance for Drocerty Britt's Beachsfde Cafe located at 201 S. Gulfview
Blvd., Lloyd-White-Skinner Sub., Lots 48-52 and Lot 98 (Stanislaw, Budzinski,
AB91-07)(PH)
.
The Administrative Uearing Officer's determination upholds the decision
of the Development Code Adjustment Board (DCAB) to deny the parking variance.
The applicant's only recourse at this point is to challenge the Board's
decision in Circuit Court. Until the applicant obtains additional parking or
a judicial overturn of the decision of both DCAB and the hearing officer, the
Commission can take no action on the separation distance variance.
Commissioner Regulski moved to withdraw this item. The motion was duly
seconded and carried unanimously.
Public Hearina - Second Readina Ordinances
ITEM 111 - Ordinance 15115-91 - Millaae Rate for FY91-92
Three citizens spoke requesting there be further cuts in the budget.
Discussion ensued regarding the budget process. It was indicated the
City Manager has already begun work on the 1992/93 budget and eliminating
unnecessary programs will be considered. It was also emphasized efforts would
be made to generate savings during the 1991/92 Fiscal year.
The City Attorney presented Ordinance 15115-91 for second reading and
read it in full. Commissioner Regulski moved to pass and adopt Ordinance
'5115-91 on second and final reading. The motion was duly seconded. Upon
roll call, the vote was:
UAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
ITEM 112 - Ordinance #5116-91 . Operatina BudQet for FY91-92
The City Attorney presented Ordinance #5116-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance #5116-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM 113 - Ordinance #5117-91 - CaDital Improvement Proaram Budoet for FY91.92
The City Attorney presented Ordinance #5117-91 for second reading and
read it by ti,tle only. Commissioner Berfield move,d to pass and adopt
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9/5/91
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Ordinance 15117-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
IIAyesll: Regulski, Nunamaker, Fitzgerald, Barfield and Garvey.
IINaysll: None.
ITEM 614 - Ordinance f5119-91 - VacatinQ 5' ~tilitv eas~ment lying along East
lot line of Lots 1 thru 6, Blk 40, Mandalay Sub. (O'Connell/City V91-08)
The City Attorney presented Ordinance '5119-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance '5119-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
IIAyeslt: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #15 - Ordinance #5124-91 - Relating to fJood protection: amending Sec.
146.004, revising definitions of "substantial fmprovement" and "market value
of the structureU
.
The City Attorney presented Ordinance 15124-91 for second reading and
read it by title only. Commissioner Fitzgerald moved to pass and adopt
Ordinance 15124-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
It was emphasized this ordinance was being adopted in order to encourage
equal enforcement of flood protection regulations throughout the State.
CITY MANAGER REPORTS
IX ~ CONSENT AGENDA (Items '16-43), - Approved as submitted less Items 138 & 39
Aoreements - Approved.
ITEM '17 - Extension of service agreement with Schiller International
University for one year with no additional payment (LIB)
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JTEM '19 - Suoolemental AQreement 13 to contractual 8Qreement with David
Volkert & Associates. Inc., regarding Clearwater Pass Bridge Replacement
Project providing redistribution of approved payment amounts in Phase I (PW)
Leases - Approved.
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Bids & Contracts - Awarded.
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ITEM #21 - Extension of contract for A-4 com uter maintenance to n S S 0
Tampa, FL, for the period 10/1/91-9/30/921 at an estimated amount of 28,504
(AS)
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ITEM #23 - Purchase Unis 5 and other co uter hardware from Bette B 5 e
Forms. Clearwater, FL, at an estimated cost of 30,718 and computer software
from Software Spectrum, Garland, TX, at an estimated cost of $6,032 (AS)
ITEM #24 - Purchase of four Gravel Professional 16-G tractor-t e A
mowers from Bob's Qualitv Mowers, Clearwater, FL, at a total cost of 18,276
(GS)
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ITEM #25 - Two year contract for purchase of cellular telephone service to GT~
Mobilnet. Inc., Tampa, FL, for the period 9/6/91~9/5/93, at an estimated cost
~50,OOO (GS)
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ITEM 127 - Contract for security quard service at Main library to ~aQus
Securitv, for the period 8/16/91-8/15/92, for approx. 2,314 hours, at an
estimated cost of $15,272.40 (LIB)
ITEM #28 - Extension of contract to Lawmen1s & Shooter's Suoplv. Inc., Vera
Beach, Fl, for purchase of approx. 80 protective vests and covers for the
period 10/1/91~6/17/92, for an estimated total of $27,449~60 (PO)
ITEM 129 - Amendment to existinQ sludQe disposal contract with Davis Water and
Waste Industries, Tal1evast, FL. adding a "hold-harmless" provision for the
City's protection (PW)
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H. Pad ett.s Sub. of Ori inal
ITEM #34 - One year contract for purchase of liQuid pol~r to Rhone-Poulenc
Water Treatment Chemical~t for the period 9/6/91-9/5/92, at an annual cost of
$181,825 (PW) .
ITEM #3 - Extension of contract for 35MM micro ra hic services with Micro
1m@ge. Inc., Tampa, FLt for the period 10/1 91-9/30/92, for an estimated total
. of $20,000 (eLK)
Citizens & Staff ReQuests
ITEM #38 - See page 7 & 8.
ITEM #39 - See page 8.
plans & plats - Approved.
ITEM #40 - preliminarv Site Plan for Instrument Transformer. Inc. located
approx. 3/8 mile S of Sunset Pt. Rd. between Calumet St. and Hercules Ave.,
1907 Calumet St. (Johnson)(PLD) Authorize review of a final site plan with
final action by the Development Review Committee (D.R.C.) subject to the
following conditions: 1) The annexation shall be finalized prior to
certification of the site plan: however, if review of the site plan is
completed substantially ahead of the annexation, the applicant may proceed
with construction only if a development agreement is executed by the City of
Clearwater and the applicant; 2) All existing parking and retention areas
shall be designated on the site plan prior to certification; and 3) Signs and
fenCing/walls are subject to separate review and permitting processes.
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ITE 1 - Preliminar Subdivision lat for Drew Street Industrial Park
located in Sec. 13-29-15, 2171 Drew Street Todsen/Wasenda PLD Authorize
the Development Review Committee (D.R.C.) to approve the Preliminary
Subdivision Plat subject to the following conditions: 1) The appropriate
conditional use shall be obtained prior to ORC review of the Preliminary Plat;
2) Signs and fencing/walls are subject to separate review and permitting
processes; 3) Parking spaces 18-21 shall be redesigned to meet minimum
maneuvering requirements; 4) The applicant shall submit a site plan for a
courtesy review and approval by the DRC and said plan shall be certified prior
to the issuance of any building permits; and 5) An access easement linking the
Lot 1 and the lot adjacent to the west shall be executed and a copy provided
to the city staff for review and approval prior to recordation of the final
plat.
Receipt & Referral - Received and Referred.
ITEM 142 - Recreation & Doen 50ace Land Dedication Ordinance (PR)
ITEM 143 - Annexation. land Use Plan Amendment to Public/Semi-Public and p/SP
Zonin~ for a parcel located on the W side of McMullen-Booth Rd., N of
Countryside Sports Complex, Sec. 21M28-16, M&B 23.09 less E 50. (Bethel
Lutheran Church)(PLD)
Commissioner Berfield moved to approve the Consent Agenda less Items 138
and 139 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM 138 - Authorization to return $25.000 from CIP Code 315-1-4509 to the
non-departmental division of the General Fund for the purpose of contributina
the mane to the Philadel hia Phil lies for their construction of a new
clubhouse at Jack Russell Stadium PR
The City is responsible for the maintenance of the clubhouse as well as
other structures at Jack Russell Stadium. Staff had intended to replace the
roof of the clubhouse due to persistent leaks and $25,000 was designated for
this in a capital improvement project.
Recently, the Phillies have notified the City they plan to remove and
replace the existing exterior walls of the clubhouse and to add a second story
at a cost of approximately $225,000. The new building will occupy the same
footprint as the existing building with the first floor being used as the
clubhouse and the second floor being primarily offices. The Phillies are
therefore requesting the City contribute the $2~,OOO earmarked for the new
roof to the construction cost of the new building.
In response to a Commission concern, the City Manager indicated the
$25,000 is not a contribution to the Phil1ies. The $25,000 was earmarked for
the roof and will now go toward construction of a $225,000 building, which the
City will own, instead.
CCmtg
9/5/91
7
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Commissioner Fitzgerald moved +'0 authorize the return of $25,000 from
CIP Code 315-1-4509 to the non-departmental division of the General fund for
the purpose of contributing the money to the Philadelphia Phil lies for their
construction of a new clubhouse building at Jack Russell Stadium. The motion
was duly seconded and carried unanimously.
ITEM f39 - Dates and Locations for 1991/92 Town Meetings (eLK)
The following schedule was recommended for the four 1991/92 Town
Meetings: all dates being Tuesday; October 22, 1991 at Morningside Recreation
Center: November 26, 1991 at Martin Luther King Center: March 24, 1992 at
Memorial Civic Center: and April 28, 1992 at Countryside Library. All
meetings are to begin at 7:30 p.m.
Commissioner Berfield has requested consideration of moving the October
22nd date as she will be on vacation. Conflicts with dates other than October
22nd were expressed.
Commissioner Fitzgerald moved to approve the November 26, 1991 at Martin
Luther King Center; March 24, 1992 at Memorial Civic Center; and April 28,
1992 at Countryside Library dates. The motion was duly seconded and carried
unanimously.
Further discussion ensued regarding the October meeting. It was stated
the Morningside/Meadows Horne Owners Association had scheduled their annual
meeting in conjunction with the October 22nd date in an effort to increase
attendance. Other possible dates were suggested and conflicts noted.
Commissioner Fitzgerald moved to approve the October 22, 1991 at
Morningside Recreation Center date. The motion was duly seconded and carried
unanimously.
x - OTHER ITEMS ON CITY MANAGER REPORT
ITEM #44 - Resolution #91-26 - Supportina application of Pinellas County to
become a communitv contribution tax incentive proQram sponsor for purpose of
providing dental services to indigent citizens of Clearwater and Upper
Pinellas County (ED)
The City Manager explained the programJindicating donators of land for
these projects receive signigicant tax incentives. A similar facility has
been constructed in St. Petersburg.
The City Attorney presented Resolution #91-26 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #91-26 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roo 11 ca 11 the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CCmtg
9/5/91
8
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On Saturday. September 21. 1991, the Clearwater Jaycees, Inc. will be
conducting a second annual lINational POW/MIA Recognition Day Tributetl at
Coachman Park. Ms. Madeline Robinson, of the Jaycees. is requesting the City
co~sponsor the event and waive all insurance and City fee requirements.
According to the schedule of events, the program ;s larger than the one
conducted in 1990 and costs are estimated at $1,450. This would include
approximately $1,000 in unbudgeted Police Department overtime, $400 for
Bandshell rental and $50 for electrical. Fees waived from last year
approximated $400.
Concerns had been expressed regarding impacting the Police overtime
budget. The Jaycees were contacted and they have indicated they will pay the
Police cost.
Commissioner Fitzgerald moved to waive City charges and insurance
requirements with the understanding the Police overtime cost will be borne by
the Jaycees. The motion was duly seconded and carried unanimously.
ITEM 146 - Contract to purchase Downtown Maas Brothers propertv located at 320
Cleveland Street, Clearwater, FL, in the amount of $1.9 milliont with a
deposit of $190,000 and approve an interfund loan in the same amount from the
central insurance fund, bearing interest at the cash pool rate, to be repaid
with Penny for Pinellas collections on or before September 3D. 1994.
The contract for Sale and Purchase and supporting documentation are the
result of several months of negotiations between Allied Stores General Real
Estate Company and City staff.
The contract is subject to the entry of an order approving the document
by the bankruptcy court, Southern District of Ohio. The contract is subject
to bidding by others. The seller may accept a bid at least 5 percent higher
than the City's contract purchase during a predetermined court period. Should
this transpire, the City has the option of submitting a higher bid. not
necessarily in 5 percent increments, or withdrawing from the process and
recovering its deposit and earned interest.
The ultimate funding for this purchase will be made from the IIpenny for
Pinellas" infrastructure tax collections originally budgeted for the Myrtle
Avenue extension project, which has been cancelled. Because the Myrt'~ Avenue
project was not scheduled for funding until Fiscal 93-94, the interfund loan
is necessary to avoid delaying other projects already scheduled.
The City Attorney reviewed the changes that had been made to the draft
the Commission had been provided. He indicated he had also prepared a
resolution as proof the Mayor has the authority to sign the contract.
CCmtg
9/5/91
9
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A question was raised regarding whether or not Haas Brothers owed the
City any funds due to parking meter agreements. Staff will research this.
Discussion ensued regarding the deposit and it was indicated the deposit
would be returned along with accumulated interest if the contract is not
ratified. If the contract is ratified. the deposit and accumulated interest
will go to the sellers. The accumulated interest will not apply to the
purchase price.
Concerns were expressed regarding the interest not being applied to the
purchase price and that the City will have to pay for the doc stamps
(approximately $12,000). It was reported a great deal of negotiation had
taken place as the original contract proposed by the sellers had the City
paying all the costs.
Commissioner Berfield moved to approve a contract for the purchase of
the Maas Brothers property located at 320 Cleveland Street in Clearwater.
Florida in the amount of $1.9 million, with a deposit of $190.000 and approve
an interfund loan in the same amount from the central insurance fund. bearing
interest at the cash pool rate, to be repaid with Penny for Pinellas
collections on or before September 30. 1994. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #91-38, authorizing execution of
a contract for sa le and purchase of the IIMaas Brothers Property" with All ied
Stores General Real Estate Company, and read it by title only. Commissioner
Fitzgerald moved to pass and adopt Resolution 191-38 and authorize the
appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
"Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNays": None.
ITEM 147 - library Board - 1 appointment (eLK)
Commissioner Regulski moved to reappoint Katherine W. Merriam. The
motion was duly seconded and carried unanimously.
ITEM 148 - The Lona Center Board of Directors - 2 appointments (eLK)
Commissioner Berfield moved to continue the appointments. The motion
was duly seconded and carried unanimously.
ITEM #49 - The Center Foundation Board of Trustees - 1 appointment (eLK)
Commissioner Regulski moved to clarify that William Zinzow, who was
,appointed at the August 15, 1991'meeting will serve the full term which
expires 9/30/94. The motion was duly seconded and carried unanimously.
CCmtg
9/5/91
10
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Commissioner Fitzgerald moved to continue the other appointment. The
motion was duly seconded and carried unanimously.
~I - Other Pendina Matters. None.
CITY ATTORNEY REPORTS
XII - First ReadinQ Ordinaoces
ITEM 150 - Ordinance 15128-91 - Relatina to vehicular traffic. creatinQ Ch.
135. consisting of Sees. 125.01 thru 125.07, restricting practice of
"cruisingn or unnecessary repetitive driving on certain streets, providing for
fines, effective date, and automatic repeal as of 5/1/92
Discussion ensued regarding the need to re-enact this ordinanc~ due to
it not being necessary to fully implement its provisions during the past six
months. It was stated the fact the ordinance had not had to be implemented
showed it had been effective in alleviating cruising problems on the Beach.
The City Manager indicated the noise ordinance had also been vigorously
enforced during this time and it is difficult to measure the success of this
ordinance.
.
The City Attorney presented Ordinance #5128-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 15128-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #51 - Ordinance #5133-91 - RelatinQ to water shortaQe plan, amending
Sees. 52.43 thru 52.50, defining "Code Enforcement Officer" and Itwater
shortage plan"
The City Attorney presented Ordinance 15133-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5133~91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
nAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
ITEM #52 - Ordinance 15134-91 M Amending Sees. 1.08. 71.36. 93.04. 93.28. .
94.02. 95.15 & 137.034 - revising a number of provisions in the City Code
The City Attorney presented Ordinance 15134-91 for first reading and
read it by title only. Commissioner Nunamaker moved to pass Ordinance 15134-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
.
CCmtg
9/5/91
11
.
I1Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naystl: None.
'.:
XIII - Resolutions
ITEM #53 - Resolution #91-29 - RequestinQ Pinellas Countv to cancel and
discharoe certain tax liens and arant tax exemptions for municipal property
acquired for public purposes
The City Attorney presented Resolution #91-29 and read it by title only.
Commissioner Regulski moved to pass and adopt Resolution #91-29 and authorize
the appropriate officials to execute same. The motion was duly seconded, upon
roll call the vote was:
llAyesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IINays It: None.
:-T r.~ . :-:".
ITEM #54 - Resolution #91-33 - Dedicatino 151 drainaae easement located on S
side of Sand Key Sailing Center on Gulf Blvd.
This item was pulled from the agenda.
XIV - Other City Attornev Items
.
to
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On January 30, 1990, Theresa Rubalcava purchased froln the City a 3 1/2
ton AIC unit together with coil and thermostat and a 39 gallon hot water
heater. The purchase price including installation and finance charge was
$6,552.30. The monthly payment due is $273.00.
Mrs. Rubalcava is behind in her monthly payments in the amount of
$1,726.64. The last payment on this account was made in April, 1991.
Authorization is sought to bring an action to recover the above
described property.
Commissioner Regulski moved to authorize filing a complaint for Writ of
Replevin to recover the property from Mrs. Rubalcava. The motion was duly
seconded and carried unanimously.
ITEM 156 - Authorization to File lawsuit reoardina Sanitary Sewer Line on
Stowell property
Concerns were expressed that no progress has been made in reaching an
agreement with Mr. Stowell to allow the City to reinforce the sewer line. If
the line breaks. untreated sewage will go into Tampa Bay.
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9/5/91
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Commissioner Regulski moved to authorize the City Attorney to file a
lawsuit. The aotton was duly seconded and carried unanimously.
XV ~ City Manaaer Verbal Reports - None.
XV! .. Other Commission Actiop
Mayor Garvey announced water restrictions have been lifted. She stated
watering is still prohibited between 10:00 a.m. and 4:00 p.m. daily. There
are some exceptions and citizens should call the City if they need further
information.
XVII .. Adjournment
The meeting adjourned at 7:20 p.m.
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