Loading...
10/03/1991 (2) . CITY COMMISSION MEETING October 3, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 3, 1991 at 6:00 p.m., with the following members present: Rita Garvey Sue Berfield William Nunamaker Richard Fitzgerald Absent: Lee Regulski Also present: Michael J. Wright M.A. Galbraith, Jr. William C. Baker James Polatty, Jr. Cynthia E. Goudeau Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Conunissioner 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 Pastor Albert Keyser of St. Paul's Luthern Church. In order to provide continuity for research, the items will be listed 1n agenda order although not necessarily discussed in that order. ITEM 13 - Service Pin Awards. Three service pins were awarded to City employees. ITEM 14 - Introductions and Awards. Proclamations: Fire Prevention Week 10/6-12/91. Local Cable Programming Week 10/6-23/91. Lupus Awareness Month 10/91. Spinal Health Month 10/91. ITEM 15 - Presentations Four City Employees were presented Employee Suggestion Awards for their suggestions which resulted in cost savings. safety enhancement or improved procedures. . 1013/91 CC~tg 1 , .~ ~:. ' , . '.,' ';, ,t"'::,',:-'~.,::'F.",,,',';"':"" ...'I.:,'"-;"'.,,:.~~.'.,.'., ," . '. ' . "', . . . ITEM #6 - Minutes of the ReQular Meeting of September 19. 1991 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of September 19, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the AQenda. Anne Garris requested response to the Clearwater Beach Task Force Recommendations be given a higher priority. The City Manager reported on the steps already taken and plans to address others. Bob Clark alleged repairs to brakes on PSTA buses were not being done properly. The Mayor indicated she would bring this to PSTA's attention. Commissioner Nunamaker clarified that the Halloween Festival was being held in conjunction with the Breakfast Sertoma Club, not the Evening Sertoma Club. PUBLIC HEARINGS ITEM #8 - Alcoholic Bevera e Se aration Distance Variance for property {Park Place Billiard Club located at 420 Park Place Blvd., Suite 700, Sec. 17-29- 16( M&Bs 23.013, 23.11, 24.04 & 24.06 (Metropolitan Life Ins. Co. AB91- 18J(PLD) The variance is being requested because this establishment will be adjacent to an establishment that is similarly licensed. The applicant received a conditional use authorization from the Planning and Zoning Board on September 17, 1991, for on-premise sale of alcoholic beverages subject to the following conditions: 1) The applicant shall obtain an alcoholic beverage separation distance variance from the City Commission; 2) Sale of alcoholic beverages shall be restricted to sales for on premises consumption; and 3) All required licenses shall be obtained by the applicant within six months of this public hearing. Gregory Serio, General Manager, stated this will be an upscale billiard club. He reviewed s~me of the planned activities. A question was raised regarding alcoholic beverages being served during proposed junior league play. It was stated alcoholic beverages would not be sold during this time. Commissioner Nunamaker moved to approve a variance for the subject property of 200 feet to allow alcoholic beverage sales within 0 feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. CCmtg 10/3/91 2 ffi"H!)~ ' .. l~'}.''''' y, . . . This variance is being requested because the new owners of the establishment propose to expand the facility and there are two similarly licensed establishments in this shopping center. The applicant received a conditional use approval for this site from the Planning and Zoning Board on September 17, 1991 for a business ownership change and expansion of an existing alcoholic beverage establishment subject to the following conditions: 1) The applicant shall obtain an alcoholic beverage distance separation variance from the City Commission prior to obtaining any building permits or certificates of occupancy; and 2) The requisite occupational license shall be obtained within six months of the date of this public hearing. Donna Coughlin, stated she and her father own the establishment and want to expand their dining capabilites. Commissioner Fitzgerald moved to approve a variance for the subject property of 200 feet to allow alcoholic beverage sales within 0 feet from a similarly licensed establishment. The n~tion was duly seconded and carried unanimously. Review of this item has not been completed. Correct property ownership and the proper vacation techniques regarding the subdivision and adjoining metes and bounds property have not been fully determined. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of October 17, 1991. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearino & First Reading Ordinance #5127-91 - Recreation and Open Space Land Dedication Ordinance. amending Sees. 116.40, 116.45. 116.46 and 116.51 and creating new Sec. 116~395 which repeals Secs. 116.41 and 116.47 (PR) The Planning and Zoning Board reviewed this ordinance on October i. 1991 and recommended approval. Primary changes allowed for in this ordinance include: 1) Inconsistencies regarding the use of funds are eliminated between the current ordinance and criteria in the City's Comprehensive P~an; 2) The current ordinance has two sections of IIdefinitionsU which will be repealed. In the subject ordinance, these lIdefinitionsll are collected in a new Section 116.395; CCmtg 10/3/91 3 :,::'~;.:~: ~(','l./~.:./I:, ....,~:,~. r.....,:~:,:;_:;..' :'~',:": ~'':~:,~:,~~:.':::.<, I':':' ~:. :~,~<~,\.,~,': :'_~.',; I.' : I,:.,,: ',' ", "~tlj '~"/';"':'''':~~.~';.:::';';''J>~.~:':~: :'~''::.:o/:':-~~ . " ~. ,', : '" .. \t ..' , . .' . and 3) Sections 116.40, 116.45, 116.46 and 116.51 are amended to revise the way in which impact fees received for "Recreation Facilities Land"f IlRecreation Facil ities" and "Open Space Land" may be expendedf mak fng the code consistent with criteria in the Comprehensive Plan and allowing more flexibility in the use of these monies. Commissioner Nunamaker moved to approve the amendments to the Recreation and Open Space land Dedication requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5127-91 for'first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5127- 91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. UNays": None. Absent: Regulski. Public Hearing - Second Readina Ordinances amending Sees. 95.05. The City Attorney presented Ordinance #5123-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5123-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: UAyes": Nunamaker, Fitzgerald. Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM #13 - Ordinanco #5129~91 - Amendina Sec. 72.15, relating to closing hours of alcoholic beverage establishments The City Attorney presented Ordinance #5129-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 15129-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayesll: Nunamaker, Fitzgerald, Berfield and Garvey. IINaysU: None. Absent: Regulski. CCmtg 10/3/91 4 , " ',,:; t~ " ,":"', :~ ".'-'.' ,',-.10'/.:,1.;;,. .~, 'i':"~ '.,.I;,.~,..,,~.:I.:.....' '...I:.:~" '~..l,~:: ~.l:'~';'\::"':.~"~'\~ ~~:,:'~'U:":""''::','t,:~;~.. ,\":"'''''\'.:' ",~..,', ',', '.,~.', '. "." ',: '..', ,',:+ '~, '~" ~. w .' .' ~, , ") . " . . . The City Attorney presented Ordinance 15130-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5130-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald. Berfield and Garvey. "Nays": None. Absent: Regulski. ITEM 1 - Ordinance 5131-91 - Land Use Plan Amendment to Industrial for property annexed in Ordinance 15130-91 Johnson, LUP91-10 The City Attorney presented Ordinance 15131-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5131-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker. Fitzgerald, Berfield and Garvey. UNaysU: None. Absent: Regulski. ITEM 16 - Ordinance #5132-91 - 15130-91 Johnson, A91-09 The City Attorney presented Ordinance #5132-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5132-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald. Berfield and Garvey. "Nays": None. Absent: Regulski. The City Attorney presented Ordinance 15135-91 fot' second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5135-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: CCmtg 10/3/91 5 f.....\... /,," "'"{,' ....~ ~.I'~ " '. '. ,:.~." .<~', ',' :,',. .,', ~ ~. '. , ' '" . , 'r','":' .~,: ~,,,:"~',,':',,',,,,\',~'~" i'~",<....~,::: :'.',,~lli:r.:~'\ ,..:".:,,<..'1-::":,' . .. ., ~"I" '.',' . . . "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. IINaysll: None. Absent: Regulski. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-34) - Approved as submitted less Item 129. Aareements - Approved. ITEM '18 - AQreement with AT&T Credit Corp. to provide a $3.0 million line of credit to covor all planned lease purchase equipment acquisitions for fiscal 1992; and authorize all uncompleted acquisitions previously approved for financing under the agreement which expires 9/30/91 to be financed under the new agreement (AS) ITEM 119 - Natural Gas Service Agreement with Florida Gas Transmission Compan~ convertin 30% of the City"s Firm Sales Gas allocation to Firm Transportation Service GAS ITEM #21 - Easement AQreement with FDH~ for an easement for the East Advanced Pollution Control Facility, Outfall Pipe into Tampa Bay (PW) Bids & Contracts - Awarded. ITEM *22 - Contract for dry cleanina. laundry. and alteration service to North Hercules Cleaners, Clearwater, FL, for the period 10/15/91-10/14/92, at an estimated cost of $17,840 (AS) ITEM H23 - Purchase of 19 Rtf Select Model Portable Radios and 4 Multi- Charners for the Citv's BOO mHz Trunked Radio System to be used by the Marine Department from General Electric Co., Lynchburg, VA, at a total cost of $32,208 (G5) ITEM 124 - Purchase of 1 John Deere 3.0 Cubic Yard Wheel Loader for the Public Works Department from John Deere Industrial Equipment Co.. Baltimore. MO, at a cost of $70,726; financing to be Qrovided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #25 - Purchase of 1 trailer-mounted Hosethruster root control herbicide foam ~eneratinq unit for the Public Works Department from Airriaation Enqineering, Pleasanton, CA, at a cost of $26,400: financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) CCmtg 10/3/91 6 il " ':, ~~,~.>:.,~, .. _';,!~'." . :\......... :.. . ~ ;;":"",:.,,,/,:.'~ "" ." '.,j): :'.'~IJ '.'~..,.f"..":" ',:. ,,, ,..'..." " '.' ~ ',.,:>.'. . . . Citizens & Staff Reauests - Approved. ITEM #28 - Anti-Drug Abuse Grant from FOCA. Division of EmerQencv ManaQement. Bureau of~Publtc Safety Management in the amount of $47,000 for the period 10/1/91-9/30/92 (PD) ITEM 129 - See Below ITEM 130 - Utility Easement from Florida Power Corp. for the installation of a Force Main across Florida Power Right-of-Way in NE 1/4 of Sec. 31-28-16 (PW) ITEM #31 - Authorization to staff and Frank Blandford of Tourtelot Brothers. Inc.. to Droceed with the nomination of the City sludaa disposal property for purchase by Hil1sborough Countx under the County Environmental Lands Acquisition & Protection Program (ELAPP)(CM) al Election and Receipt & Referral - Received and Referred. ITEM 134 - Zon;n Atlas Amendment to Commercial Planned Develo ment CPO for a Qarcel located on the NW corner of NE Coachman and US19 Principle Mutual Life Ins. )(PLD) Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Item #29 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - Waive Cit costs associated with the 1991 Turke Trot Win Din and Gobbler Events to be held on Thanksgiving Day, November 28, 1991 PR The City has been co-sponsoring the Turkey Trot each year since 1982 and City costs have al~/ays been waived. The C;ty's in-kind cost last year was estimated at $4.951 for Police and Park Oivision services. However, as a separate item, the organizers of the event have always paid the City the 25 cents per participant fee which last year amounted to $2,140 for 8,560 participants. This fee will again be paid this year. CCmtg 10/3/91 7 , ~, .": ,~I , <, ~, -.::":t:. "'. ,'~ "'::. .:'~..~r;.1.<~,."::..."" ',' :,...,+. .. '.,;" ., <,.'. '.1','"1,, :\',.... 1;: ",".".::'.~ ,f; : '.. ~ ", ,: 1 .. :. <~;, ' r,.'. ,... '. .,'...,. ," \ .:, j , ....', U..o1 ..! I' ~ ;I ',';.1',1.: ',: ~~~':~~":'~.:,~.,:~ ~~~~. " .' ~ :',: ' '. .... " t .': '~-:'(f,"(" \ :?;\\<,;": ~~.,.~i:,f ~II", -, .:j:~. :.~;.:,"\ ,',\, ;~..,:.'I ~ , ; f " . ~ '\IlL. ~ ,c t. .... .,' ,>:~ j ,.",r'" ,P, t: II '. ' , :\'. f:~~~ .~:.1 ',,'j (~,:. : ,i ~\'>~ ",:1:. ...,1-' t' .' " -"',. ;::..'.' ..~ ,~. ,.., I. r""- ! f ;\Y:~\;~~: " 'j;c;',{ ~ <. -. . .,' -:'.. . '~,' ' ,", ~ ';1;: I.', ",'. ~ .:, , ' ~. ",;, .: '. ~';.::.:.~~ ;.\t/ <:~ :,~:,~~:/:; ,'J.l' ,r~: ',:~ P:: >. ~:":, , " ~ '.- " ..)' .. I' , .~~ ~. .M'" , ,': j:;.~'if/: ':' ,': '.J ' :,/11; : " \,f'" , r'~.. '" ';~, '.. ,t.... '. ~ ' .'.' . . . . ,: \'~",< ,;' ': ~'>,,'>:~:t:.~'.f' ,,::./l;~::., .,. ...., ,." ~ I :1 ~..' . ....:'.. .'; "'i, .: I ~ \~': ,...','., '" .-'.r ' .,i r 'I 'II' . ,", :.... ..' ,0, f'... , , "', 4 \\.... ~.: ~,..~.':o::::,':+;::,.;,. .;' ~I . ',iJ . .. ,'.'.',.~. ,... - ' ,,' ' ,:'~:', ~ '; , ': " ,\ ,,;: ::; :)i ie::, ';, "<~'::,~/{~;;'\: ".~ , . '. ,.' ",}~":",~"".".~,..,,,.~,..:,..,:;J~~i:,:,: ,'. I, ,"', ,_" : ~, " ,..'. ':: ,c ':,'"-: '\. ' . " '., 1 ',"', r-.. ' .. . I..' , ,. ,...IM ,," "" ';O:<,;,;lh\,:',~,.~,).,;~\. .;, ; .=.. ','.' ~; ',,', ' .'...t :1'1 ,\,' /, Because of the strong recreational value of the Turkey Trot for entire families, the City's Recreation Division has always participated heavily and treats this activity as one of their own major events. A citizen expressed concern that individuals conducting runs indicating proceeds will go to a charitable organization need to be carefully investigated. It was indicated this run is co-sponsored by the St. Petersburg Times and the West Coast Runners' Club, a non-profit organization. If there are any proceeds, they go to the Runners' Club. Commissioner Nunamaker moved to waive city costs associated with the 1991 Turkey Trot, Wing Ding and Gobbler Events to be held on Thanksgiving Day, November 28, 1991. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 - License Aoreement to Marine Referral Systems. Inc., for either a three panel display or a two panel display to be placed in the Municipal Marina Building Lobby for a five year period (MR) Marine Referral Systems, Inc. wishes to provide advertising services to the City of Clearwater Marina and its patrons. guests and customers in the form of a wall mounted display. They will have the exclusive right to sell advertising on the display. The display will be either three or two panels. As compensation for granting the permission to mount the display in the municipal marina building lobby. they will pay the City either $7,500 (3 panel) 0" $5,000 (2 panel) the first year. The second year the payment will be increased by $3,000 (3 panel) or $2,000 (2 panel) provided 100% of board spaces are sold and paid for within 30 days of any anniversary date. Payments to the City will be made on the anniversary date of the installation. The City will pay for all electrical service to the display and for the monthly line charge for one local telephone line. Marine Referral Systems, Inc. will pay for the initial installation of the telephone line. The display will include a direct line connection to the marina office and a LED information readout which must include marine weather information. This LEO unit will be programmed daily by marina personnel. It was stated the increased revenue in later years was agreed to in response to Commission questions raised at Worksession. In response to a question regarding the five year term, Bill Held, Harbormaster, indicated Marine Referral Systems, Inc. sells their ads based on five years and would, not want to reduce the term. Commissioner Fitzgerald moved to approve the license agreement with Marine Referral Systems, Inc. for a five year period, with a payment of either $7,500 (3 panel) or $5,000 (2 panel) the first year and then the second year the payment increasing by $3.000 (3 panel) or $2.000 (2 panel) provided 100% of board spaces are sold and paid for within 30 days of any anniversary date. The motion was duly seconded and carried unanimously. CCmtg 10/3/91 1 :": ::,~:;?':::'::.'.~~t}.~. ~~:-.:~:~;,~.~;:/::~"{",,,;-:::.~, ":' <':;'.: .;>,':< ,:<:~;;j,~ .,' ;,,~. t,",'.'.,>'." .. ~ ..", .:.~.~I ..~.~..: j '_ .. :,.' , ," ';'<'<"'i(~;/~'>')~:~}:;' ~". .',,~:.\:~ .,,', ., .,:; I::. ~ .' ,~ ,'; ,::, '~ ': ';::'; i;t\':. :~;.: '/": .' ,,' " ',:", ' , . _"I..l"~(, I, ":.. ' .. , ' ;'/,1 ...,.,'.', '.. ". ,!:~ '. .' , ,; ,,;,. " ',". "' :,:",';: ~,: ,;' " "':",~ ':,':::,> "~:<'>';'<"'" ,':, ~ ;~; {: ';,,:: , . . ,." ,I ,.,. ., '.' "..,', "": '" ';' . f' 8 ,~, . ,"'. " '" ~ i (I..... ~ ." I f , :;t. :\".' , " , '. .. : " ;!' .. I ~ .' , , r; .,> " , '. ,; .' ,.., ..' :'1 i ,: " . ~... .', -; .... 'I \. ..i:i:.~ ::"..:'/,; '. >,~ " " , , ':' . " ..' , I: ' 'i~"~~,:.:<,:,:?,::,,.::;, ',:::: .;:~::::; :';;j', ," , '." ~.. . .'1'. I.", ' ';:"" .' .' , ~." .:" , '~.... ': " !::. ~. '. <.',. .' .. .... t I." , '.... .1,.. . ..... "" , " ~ ~~, . . : .,~ " ,:0'-" .' .IM " ,'. ,..; ., i .. ,.; , \'.-,:: :, >j~J~ ,:',;..::'<i~ , .. < . ~ 1 ~J~~.ttl. . '.~..~.~'~.~)J1t~F t '1 ~..-..... ',i :.~". .', '. ' . ..'\ ": ::;,,'\.':/.'., ,. ,. '.., .. '., '.' I i; ".1 H} I, , ~ .:1 I') . ... . . . ITEM #36 - Resolution 191-35 - Establishing revised fees for various Planning Services Division Review Services (PLO) Resolution 191-35 establishes revised fees for the review services offered by the Planning Services Division. Most of these fees have been revised slightly to reflect additional personnel costs. The typical increase for existing fees is approximately 5%. The increases are in keeping with the Commission's policy that such services are to be self-supporting through fees. Five new fees have been added to the fee schedule. First, under site plan review, a "Transfer of Development Rights feell has been established. with separate fees for Transfer of Development Rights projects involving formal site plan review and those projects without such review. The second new fee is for "transfers of business ownershipll involving alcoholic beverage conditional use permit requests. Because a conditional use permit has already been issued,' staff review is primarily limited to Police Department review of the applicant's background and whether problems have occurred at the existing facility. The proposed fee reflects the staff cost of reviewing a typical transfer of ownership conditional use request, including Police staff reviews. The third new fee involves alcoholic beverage package sales requests for grocery and department stores and for gift shops which sell alcoholic beverages only as part of a gift set in which the alcoholic beverages represent less than 50% of the value of the gift set. Staff review time associated with these requests is minimal, so the fees should be set accordingly. The fourth new "feeU (there is actually no charge) is for "rehearing of variance or conditional use requests in which a Iltrial periodll has been established" by an official City board or by the City Commission. Occasionally Iltrial periodsu are established, particularly for alcoholic beverage uses, and it becomes necessary to rehear the original request. Since the applicant is not responsible for establishing this trial period, staff recommends there be no charge. The inclusion of this "feell would establish a City policy of not charging for board-imposed trial period reviews. The fifth and final new fee is for variance and conditional use requests which are required after construction has begun or a use has been established not in compliance with the code. For these requests, a triple fee is established as a punitive measure. The City Attorney presented Resolution #91-35 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #91-35 and authorize the appropriate officials to execute same. The motion was duly seconded. upon roll call the vote was: "Ayes": Nunamaker, Fitzgerald. Berfield and Garvey. CCmtg 10/3/91 g " ....1.. "'''Jf '..,..'.',.,:.,~,... ,!c. :,c' " '~}' ..~'~........ -:"r. ,.,,,~7. ,1:- ~ '" ..:,:.'...~..', ~.~. " ~i' , ,',J".' ,1;. :.:::.' , < :-.. ,.::' " , ,<',',;,' ':.' :;, ':',.'. ", ,.':,.",',',",~:,.:,>~,>!:;L:<: ;:, "~,,:'.'" .;".:,;.> "../.....: t, ~.~,. . . '~i.>::.::~~.:f:,' ~", " ' .':'~.: -: .:.' {, ,T,,:: '.,. ;'..-. :,::~';~;;'. J;:{.riI\,':,;,;:,;,';,'\;,;t":','t:':;}r}'i:,.,,(,~;;,':\,.~(,:,:,;,:~,:i',',"';~;::'?,: .:),:,,: ' : " ,..' " ::',:'::::<" ';, ,;' :,:'::::'i~:f -::; r.' ,,~..,. '_' !1.:":'_~"">'.<,:.;';c~"""I':''''l.""." ...'..'.\ J, , .' , ",,',,, ./..','~.<~,:,.;., ,", \' ":.' " 'I, ,l , ': , ,.' . ~ , ' " I', . .\~ : .!.' . , I ,,:',;>: : ': >. :' , " ' '~>'~<,',~,.' " ~.,~. ~,:~:, ,',.:,::. ::, ,,:,:,,:,,:,,;';';v{<~,,::, "),.;,:~:',~:'::<,\,;';,;i!f;;r,:,:,;,'~,:(;,:,,,',:,',~,;,:,:",;.,"I.'.,.., ;:,,', :;,';':,:...:;,~,;,'~,:,:/.~ '" ::.,., :~:,',:,' ./: · ,/t!:' ::, ' . '" "<"; ~";;:''.-,'.' :',;,..,',.' '" '",'"" I;: " ,; ". ",'.. ,'" ',',', ,". .' .. '. . :',..' ,:'~:'i:' i }~ ,:., " ~I.'~"I >c:' .(.:;... ,> .,,::..~.. "',')~:,."'.',,,, ", ,f ",'".~"",,~'.;..';:~..'''' , , " : ' ...., ' . ',~ 1 ' " ... ;.', ' J .. ., j ...'. '~', . c:: ','"f.,~,'., ''':',<~,. \'...;.>". IC :".;L:',,: .,' '~.,.,< "'"~:'''o{,f'':~'''.''' ',.,.. ~', '. ~\.... .' .'~. :,.,.I:.I.,~!.:+~,.,'~",' ,'::~,; ':. '.; ,.'..., ~. ~. ," . ',., to ; , .. ,',:':',:\;" :.r , .,.., ... ., ' ',;', : ~ , "": ~ " : ~~~': "': , :'~":' ~' , .... .: l'> f .: ~ .~, l' :<_~-:" '" t-. ~, -, ...',,~ ... I 1 ~,~. .......<.. i.~,;, ~)"1 ~,I , ... " . v' , ~, M:I;;~/ !:;Lt:~;~: .c"..... ... .... ~ +. . :'~~I,}:~ ~,~':r~..~ , '~'<:"'! ;.::':~, ~<t~ ~~::' ..,;,. .... lAc,.. 'I" ':' .: ~"'; J .. .::., '~.~.:.~~, ..., I',: ~, , ,... ~ , .. ..:> ; <.',~ ,.i'"1 ~.. r,,' "\;:~~:{';':. :> :t"~"~~ :f.~'~ r ...~ ',,;: ,):1"; . < , I' "} '. 'b U" ,~./ . :c~," :'~":'~:/':' : i~:;~.i\~ ,~:., 'i '...: ~::', :;::\"~:';'~~:i .:'~ ".t ';.'~I<' :,~ ", ,~':.>;:'.:;/:!. " :. ~ " I ~::::'i~ :. " I"..... ;- .'" :." ,J~,.... ~~' ~~' ,':'" ,'...:' II~ ...~ '.~ ;.: ~'< :':. ht{:t; :' ' ~ '. '. ' ;'~i .: ',' ,J'\, . ~ ".t...: :':', , ~. ,,::~.,:::,,~,:.:~ ;'~ .< ~, i' :i"::.::" ...' : '. ". '. t. '. ,.,< ,: i. . ,', . . , " '.';l..',::., ;~r:,~~f:,~ ~. ,>\ '., "Nays": None. Absent: Regulski. 1TEM 137 - Marine Advisorv Board - 1 apoointment (eLK) Commissioner Berfield moved to reappoint James A. Ashbaugh. The motion was duly seconded and carried unanimously. , ITEM 138 - Clearwater Housino Authority - 2 aooointments (eLK) The Mayor recommended reappointment of Ernest Carson., Commissioner Berfield moved to reappoint Ernest L. Carson. The motion was duly seconded and carried unanimously. The Mayor indicated she desired more time before recommending for the second appointment. Commissioner Fitzgerald moved to continue the second appointment. The motion was duly seconded and carried unanimously. ITEM #39 - The lonq Center Board of Directors - 2 appointments (eLK) It was stated the Board of Directors for the long Center deals with marketing and selling programs, while the Board of Trustees for the Center Foundation raises funds for the endowment. Commissioner Berfield moved to appoint William Chisholm to serve a full term to expire September 30, 1994. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to continue the appointment to complete an unexpired term. The motion was duly seconded and carried unanimously. ITEM 140 - Cancellation of November 7. 1991 Commission Meetinq The Florida League of Cities is holding its Legislative Conference in Tallahassee on November 7 and 8. 1991. As at least three Commission members are planning to attend, this conflicts with the regularly scheduled City Commission meeting on the 7th. It is recommended the November 7th meeting be canceled. The City Manager indicated a special meeting may be needed for downtown land acquisition. Commissioner Berfield moved to cancel the November 7, 1991 Commission meeting and the November 4, 1991 Worksession. The motion was duly seconded and carried unanimously. CCmtg 10/3/91 10 , ' I' '. .: " ',".~ ":~':~~ :,s:~~~ !" , "C', ,:,..',: ,I " ~' .;.. /~<:.\:':;":'1 ',.,' ' " ., " ";.' ,'. . " If .". " ..~,:}. "',::, , . ;, t.. ~~. ~,/l "'~ c l/t""ltr....'.I< ........',' ~~'f}.:,' ~ .', :' '~."/r First ReadinQ Ordioances ITEM #41 - Ordinance #5136~91 - RelatinQ to municipal cemetery: amending Sees. 29.01-29.05 The City Attorney presented Ordinance #5136-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance 15136-91 on first reading. The motion was duly seconded and upon roll call, the vote was: ',J, .~ r'. ~ , ~ " ItAyestl: Nunamaker, Fitzgerald, Berfield and Garvey. " , "~":"i,:. .' , " UNaysll: None. Absent: Regulski. I:"" '. . Resolutions ITEM 14g - Resolution #91-40 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #91-40 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-40 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: IIAyesu: Nunamaker, Fitzgerald, Berfield and Garvey. ,~ ' .. ~ .,",':',' "I" , ~ '.... ~ IINaysU: None. '../0'. '~ t, ::>".,',' ::.., Absent: Regulski. ITEM: Center Foundation Board of Trustees - 1 appointment Commissioner Fitzgerald moved to appoint Peter Connell to complete an unexpired term until September 30. 1993. The motion was duly seconded and carried unanimously. Other City Attorney Items The City Attorney reported the quarterly litigation update had been distributed. :://..:f:,',: ; . .. ; \I ,." ," ....., ~ . ~~. ~ ' ',.' : ,)',. ': ": >:: \1 . .',~. 1 :-.1~ ~: : ", ,~"';"'~: ; '<:;:~::<':'.> ~':.:,~ 4: ,:.. '~~..; : ',' ..'''' ",' :~ ~,:.',: ~': .. . ;: '. '.'. , '., ."'1. '.>"""J I ~ ' ~. ;' ~:? i;\~: ::~:; ...": "",' ,','. ".. ..,. i ,<',.. ".,'".''''.,., "',/ ,:,""', ,: ;,., "".., ", '. ,,:' <, '~';':'~':~;'~Ij, .,i,i:,:,:. '!,',' t".::':',:,.::',;'..':,~:, ;"..,.',~,::,.'+,', ~ ,:,~.,..';,.(~,:,.,'., F.'~,.';,~i. ;,:~.,:.,f"'~.,':~.,.,,!,, · :: ',.>?:!?~~;\ ..'~':>': :.';: ,,;.t;;.};::~;;;r .i;'}.1;;:~.'~&~' ;;~.; U " ',,, '" ". ,,' ,'. ". .,'.,. ,. "', . ." .' . " ,; ':'" ;:-;,,: ,.,i,,: :.I,~..:,:.:,:~",.~~,}.; ~:.~~,<,.':: /;'/:':r: ~:~'~:'~\:~,~.'\;r:'<~:'i-';')!;.;:",,:{,'/:,~ ~~~.':,~,:. ;~,,:',~),~,', ',:I,.~.:.;.~.," ',,"": "~,./.:, 'l~'~.~:::~,:' ';.,'}~.:;6:,~:, ::.: I .. t... "'} ""'..~."','"',':.',",.':",",::.:.,,.~4.,;,,:.,,,',,{:,.,,'..,,',',:,',:,'~,:).,;,.?),:"}' "" , ,'t . ",,:"":, :";,,,,~""'; . "", :\',: ., . .' >;(::"",:,'.::,.::<,... '" "" , ,'.. . " .: > ", '" :<: '.;: ,> .: ," ,,' ,: ",', C ...:: ..~.. , "..,..,:., -." . ", '" , . .,'.. '. :'.. , · , ",. ..,: ~ ',', '..., · · " . . ::':. . .,,""'" "'., ;,",:~., :"':,:', :,."','~"::_':",',,.,""..,:,;,.:':',.',.,., :",:-:",,":'.'_'.-',;,~:,,':,', ':':',. .",,::,':. ',:., ';':" '.': ~'~.," '::,:..., :"'" :;:'.,~:.: ',,:,~.':'. ':,~'i,.." ::,.'. '.~,:;,,' :;":::"',,"~,;' ',. ,., ' '. , . >':;' ';,,<;.:" '?:~:;;.';'::::;:;;i;.:',X(':!...t.:it>~J: ,,'" .. '. " ' ,~<.' ' " '."..,.".. ".,:;;:':[:"),@;i;,,?',', ".:,i~: · """"'i.' ;, ,c:.... . ;',:"/". , , .. ," ',' " .. . . CCmtg 10/3/91 '" 11 , ,\, \ ," 'r ,~' ' n ,) ~.> , , , ' '),c'. :. " . . . ~1tv Manaaer Verbal Reports - None. 9ther Commission Action Mavor Garvev requested action regarding the Countywide S1gn Ordinance be scheduled. Consensus to schedule for November 21, 1991. She requested Commission direction regarding the Gateway Childrens Center's request for the City to pay its Traffic Impact Fees. Consensus to schedule for discussion on October 17, 1991. She requested Commission direction regarding the Ft. Harrison Avenue lane reconfiguration in light of the City's Traffic Engineer, Peter Yauch's memo, recommending three lanes instead of four. It was requested this be scheduled for the next meeting with Mr. Yauch contacting the Old Clearwater Bay Association for input prior to the meeting. Comm'fssioner Fitzoerald reported on the meeting of the Mayor's Council at which the Countywide Sign Ordinance was discussed. The Mayor's Council is encouraging the County Commission to at least follow through by implementing the ordinance in the unincorporated areas. Commission consensus was to send a letter to the County Commission supporting the Mayor's Council position. Commissioner Berfield requested the Commission take action to adopt the Clearwater Beach Task Farce's recommended Theme and Tropical Seascape architectural design. ~iscussion ensued regarding the need for completed staff review prior to this action. It was stated the recommendations are being studied, they are not lion the back burner" and there is a need to communicate more with individuals involved regarding the steps the City has taken. Commissioner Berfield questioned if the City was eliminating attendant parking. The City Manager reported he will be bringing forward recommendations regarding attendant parking and other items at the October 17, 1991 meeting. The Mayor provided a report regarding the City Manager's recent evaluation. Ad.iournment The meeting ,adjourned at 7:19 p.m. ATTEST,:~~L J::1.........J).. C t Cler.k '- 1''', ": CCmtg 10/3/91 12 . ,~ ACTION AGENDA - CtTY COMMtSSIOH MEETtHG - Octob.r 17, 1991 (6:00 P.M.) Welcome. We are glad to have you join us, If you wish to speak please walt to be recognized, then state your name and ~ddress. Persons speaking before the City Commission on other than Public Hearing Items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. . 1. 2. 3. 4. 5. 6. Pledge of Allegiance Invocation Service Pin Awards Introductions and Awards Presentation: Neighborly SenIor Services Minutes of Regular Meeting October 3, 1991 & Speclal Meeting September 9. 1991 Citizens to be heard re items not on the Agenda. 1. . 1. 2. 3. 4. Hayor. No minister ,present. None. Employee of Month 10/91, William Trullard, PW Department. Employee of ~ear 1991, Charlie Brinson, PW Department. CertifIcate of Appreciation presented to City by Neighborly Senior Services. Dorothy McMullen, National Arts & Humanities A~ard presented to Allen Edelman, P&R Department. Apprav~d as submitted. Anne Wilkens, Representing Chamber of Commerce, announced new programs being undertaken to address education needs for grades K-12. Anne Garris, representing Environmental Advisory Committee, requested the tity reinstate watering restrictions. Ed Mazur, representing National Forget-Me~Not Association requested Commission provide direction to staff to fly the POW flag on the Memorial Causeway and at City Hall. Consensus to do sa. 5. 6. 7. Not Before 6:00 P.M. ~ Scheduled Public Bearings (21) Presentation of issues by City staff. ( ) Statement of case by applicant or representative (5 minutes). (3) Statement of case by opposition (5 minutes). {4} Commission questions. (5) Comments in support and In opposition~ (a) individual (3 minutes); (b) spokesperson for groups (10 minutes). (6~ Commission questions. (7 Rebuttal by oppOSition (5 minutes). (8 Final rebuttal by applicant or representative (5 minutes). PUBLIC HEARINGS 8. (Cont. from 10/3/91) Public Hearing - Vacating the 27.5' northlsouth right- of-way lying along the W side of Lot 6, I.A. Mason Sub., together with the 3D' east/west right-of-way lying along the S boundary of Lot 33, Palm Park Sub. (St. John Primitive Baptist Church V91-10)(PW) 9. Public Hearing ~ First Reading Ords. '5137~91. 15138-91 & '5139-91 - Annexation, land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located on the W side of McMullen-Booth Rd., U of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09, 3.81 acres (Bethal Lutheran Church Inc. A91-10, lUP91~11)(PLD) . 10/17/91 B. Denied vacation of 3D' east/west ~ lying along Palm Park Sub.; Approved vacation of 27.5' north/south r.o.w. lying along W side of Lot 6, Mason Sub. less the Uorth 3D'. 9. Approved. Drds. 15137-91, 15138-91 & '5139-91 passed 1st reading. '~ . 10. Variance to Sign Regulations for property {Action Tackl.} 'oeated at 19666 US19N, Sec. 19-29-16, M&Bs 11.05, 11.06 and 11.061 (Kenyon Dodge Inc. SV91-2D){PlD) 11. (Cant. from 9/19/91) Park Place - Notice of Proposed Change to an already approved ORI; located between Drew St., Gulf-to-Bay, US19 and Hampton Rd. (Building Holding Operation Co. LUP91-04, A91-01)(PLD) 12. Variance to Sign Regulations for property located at 323 Jeffords (Morton Plant Hospital Association, tne. SV91-18)(PH) To be Cont. to 11/21/91 10. Denied. 11. Continued Public Hearing to 11/4191 at 10:00 a.m.; Ord. 15142-91 received and referred. 12. Continued to 11/21/91. Public Hearings - Second Reading 13. Ord. 15127-91 - Relating to recreation and open space land dedication requirements: amending Secs. 116.40, 116.45, 116.46 and 116.51, creating Sec. 116.395 and repealing Sec. 116.41 and 116.47 14. Ord. 15136-91 - Relating to municipal cemetary; amending Sees. 29.01-29.05 CITY MANAGER REPORTS CONSENT AGENDA (Items 115-33) . Agreements 15. Letters of Agreement with Florida Gas Transmission Company to provide Firm Transportation of Natural Gas (GAS) 16. InterlocaJ Agreement with the City of Belloair Bluffs for one year to provide library cards to residents of Belleair Bluffs for an estimated revenue of $13,000 (LIB) Leases ,I , 17. US Coast Guard lease of Marina BUilding Roo~ 26 for a period of 4 years and 11 months (11/1/91-9/30/96) for the total sum of S7,375 (NR) Bids & Contracts 18. Annual contract for purchase of various steel gas m4terials to Consolidated Pipe and Supply, AL, at an estimated cost of SI7,020: The Avanti Co., Fl, at an estimated cost of $27,739.75: M. T. Oeeson. AL, at an estimated cost of $33,017.65; Phillips Engineering Co., FL, at an estimated cost of $41,276.40 for the period 10/17/91~10{16{92 for a total estimated cost of $119,053.80 (GAS) 19. Purchase of one 1992 Chevrolet Cavalier mid-sized station wagDn from Ferman Motor Car Co., Tampa, FL, for $10,854 (GS) ,\ 1 . 10/17/91 13. Ord. ,5127-91 adopted. 14. Ord. #5136~91 adopted. Approved as submitted less Items 128 & 33. "!'~ ~,~} . 1. ' " "., .,. 2 . ~ . ." . ~~ ~:1 " ,<d~~\ ,,'". .,..dint .,. 20. Purchase of 21 MTl Select Model Portabl. Radios with 1100 MAli batteries and 21 D.sk Charglrs for the Clty's 800 mHz Trunked Radio SYitem to General Electric Co., Lynchburg, VA, at a total cost of S34.860 (GS) 21. Contract for ~int.n.nc. of the Cl.arwat.r Public Library LIBS100 .yst.. to ClSI, Inc.. Newtonv111e, HA, on a month to month basts, maximum of six months at an estimated . monthly cost of S5,976 (LIB) 22. Purchase and Installation of Playground Equipment for Forlst Run Park to Miracle Recreation Equipment Co., for 517,835.79 (PR) 23. Purchaie and Installation of 496 Palm Trees (Sabal Palmetto) and 39 Holly Trees (Ilex Vomltoria) for Courtney Campbell Parkway to Landtech Services, Largo, FL, for S65,409.41 (PR) 24.' Annual Irrigation Parts Contracts to Century Rain Aid for an est. cost of 56B,OB2.98j to Banks Supply Co. for an est. cost of 55.211.25j to Barnes Industrial Plastic Piping for 56,430j and to Rite-Flo Supply. Inc. for the period 11/1/91-10/31/92 for $15,260.66 (PR) 25. Purchase of Lot 3, Hac Dixon's Sub. for 562,000 (Dorothy F. West)(PW) 26. Purchase of Lot 19, Hac Dixon's 1st Addition for $62,000 (Helen Morrow) (PW) 27.' Contract for Pierce/Franklin Street Parking Lot to Kearney Development CO't Inc., Tampa, FL, for 547,297.70 (PW} 28. Contract for preparation of a PD&E Study for the widening of Drew Street to Post, Buckley, Schuh & Jernigan for a not-to-exceed fee of S564,043.43 (PW) ctttzens & Staff Requests 29. Approve partiCipation with Florida Municipal Natural Gas Association in hiring A rate consultant at a total fee not to exceed $12,000 (GAS) 30. Authorization for Police Dept. to hire additional police aides equal to ono full time equivalent position totalling approx. 2080 hours. for the La~ Enforcement Apprentice Program, for the period 10/18/91-9/30/92 for a not to exceed total a99regate of $13,000 (PD) Change Orders 31. C.0.12 to the Wellfield Rehabilit.tion Project decreasing the amount by S7,490, changing the contract total to S324,313.50 and increase the contract time by 120 days to a total of 280 days (PW) . " '. 10/17/91 'j 28. Continued to 11/21/91. ! I , ," " ", :; .~'~:. 3 , ~! I ,. '".' ,,#-, " ;:, t~'" ,< ,i ,,:; '~':~t,; . ~ ."':::'~:~\'~ , :L'; ;;;;:/j"j~i .' \ . Plans & Plats 32. Review and refer to ORe the Replat of the Loehmann's Plaza Replat Subdivision for WIT-Hart located on tho NW corner of HE Coachman and U519 (Principle Mutual Life (ns.)(PLD) 33. Final Site Plan for Celebration Station located at 24536.24576 US19N, Parts of Lots a & 9 Blackburn Sub., 2.99 acres (Baker. Rally Stores, lnc'l Palomino and Ferrellqas, Inc. ~(PLD) 33. Approved with conditions. See page 5 for conditions. OTHER ITEMS ON CITV MANAGER REPORT 34. 'Approved payment of the City's portion from the Affordable Housing fund, authorized requesting county to waive their portion. 35. Approved. 34. Traffic tmpact Fees - Gateway Children's Center (PlD) 35. Three year collective bargaining agreement with the IAFF, effective October I, 1991 (HR) 36. Three year collective bargainlng agreement with the CWA, effective October t, \99\ (HR) 37. Th,ee year collective bargaining agreement with the FOP 110, effective October 1, 1991 (HR) 38. Three year collective bargaining d~reement with the FOP/Sergeants and L eut.nants, effective October I, 1991 (HR) 39. Parking Fund Rates - Sl.OO & 50 cents per hour at designated meters on . Clearwater Beach: marina sell annual & semi-annual passes to Clearwater residents; and marina parking fee of $1.00 1/2 day, S2.00 daYi $15.00 month & S120.00 year (eM 40. First Reading Ord. 15144-91 . amending Sec. 138.01 dealing with building, plumbing, gas and mechanical codes enforced by the Inspections Division (PlD) 41. Marine Advisory Board. 1 appointment (eLK) 42, Municipal Code Enforcement Board. 4 appointments (elK) 43. Environmental Advisory Committee. 2 appointments (elK) [TEM: Indemnity Agreement - 1991 Good life Celebration Games ITEM: Stevenson Creek Channel Improvements, Phase I, Assignment of Contract and C.0.12 Other Pending Hatters - <<one. 36. Approved. 37. Approved. 38. Appro~ed. 39. Continued to 11/21/91. 40. Ord. 15144-91 passed 1st reading. r 41. Appointed Richard Twining. 42. Reappointed Louise Riley & William Zinzow; Appointed Stephen Swanberg & Stephen Gerlach. 43. Reappointed Mike Foley; Appointed Ann Donovan. Item: Approved. Item: Approved Assignment to Kimmons and approved C.0..2. CITY ATTORNEY REPORTS First Reading Ordinances 44. Ord. 15143-91 . Relating to financial 44. Ord. 15143-91 passed 1st reading. adminfstratlon, amending Sec. 41.14 to delete requirement for surety bonds for finance and deputy finance directors . 10/17/91 '1 4 ,t , ", .' . Other City Attorney Items 45. Request fur authorization to file 45. Approved. suft against Suneoast Seabird Sanctuary for damage at Clearwater Airpark City Manager Verbal Reports None. .Other Commission Action 46. Cfty Manager Salary Review 47. Cfty Attorney Salary Review Adjournment 46. Approved 4\ increase. 47. Approved 4% increase. Fitzaerald - reported citizens of Clearwater will receive a 5% reduction in their Flood Insurance premiums due to the City being given a Class 9 in the Community Rating System. He indicated the City would be eligible for additional decreases each year based on its efforts to address flood control. Reaulskl - questioned plans to address the Countywide Sign Ordinance. It was reported this is scheduled for 11/21/91. 9:05 p.m. .' Item 133 - Conditions 1) Signs and fencing/walls are SUbject to separate review and permitting processes; Z) A 40' drainage and utility easement shall be provided along US19 and dedicated prior to issuance of a buildi~g permit; 3) The reQuisite building permits must be procured within six months from the date of certification of the ffnal site p1an and a11 requisite certificates of occupancy must be obtained within three years of the date of certification of the final site plan: 4) The dates and conditions for approval by the Planninq and Zoning Board for the conditional use approval shall be provided on the final SIte plan prior to certification: 5) Prior to Issuance of a building permit, a copy of the SWFWMD permit shall be provided to Publi~ Works/Engineering: 6) Prior to c~rtification, the site plan shall be revised to show all Internal aisles to be 24' in width; 7) Prior to certification, the driveway entrance from US19 shall be modified per FOOT requirements and shall be shown on the final site planj 8) Prior to certification, . the site plan shall be revised to show seven handicapped parking spaces: 9~ Prior to certification, all Parks & Recreation open space fees shall be paid: and 10) The 181 private easement shall not be relocated or obstructed without the written consent of the owner of the estate served by the easement. . 10/17/91 .. ' ~ '~I 5