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CITY COMMISSION MEETING
October 17', 1991
The City Commission of the City of Clearwater met in regular session at
City Hall, Thursday, October 17, 1991 at 6:00 p.m" with the following members
present:
Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
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
COImni s s i oner
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.
No minister was present to offer the invocation.
In order to provide continuity for research, the items will be listed in
agenda order although not necessarily discussed in that order.
ITEM #3 - Service Pin Awards - None.
ITE~' #4 - Introductions and Awards.
William Trullard. Public Works Department, was presented with the
October 1991 Employee of the Month award.
Charlie Brinson, Public Works Department was presented with the 1991
Employee of the Year award.
The Mayor expressed a special uThank Youu to the long term employees of
the City~ She also thanked the staff for putting together the displays for
the City Expo which she hopes will become an annual event.
ITEM i5 - Presentations
Fredric Buchholtz, Executive Director of Neighborly Senior Services,
presented information regarding services available to elderly citizens of
Clearwater. He presented a Certificate of Appreciation to the City for its
support.
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The Dorothy Mullen National Arts and Humanities Award, recognizing the
concerts in the Park as the most outstanding program in the State, was
presented to the Parks and Recreation Department.
ITEM 16 - Minutes of the Regular MeetinQ of October 3. 1991 and the Special
Meeting of September 9. 1991
Commissioner Fitzgerald moved to approve the minutes of the regular
meeting of October 3. 1991, and the special meeting of Septentber 9, 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 Agenda.
Anne Wilkins, Vice-President for Economic Development of the Chamber of
Commerce, reported on new programs the Chamber is instituting to address
education for students in grades K through 12.
Anne Garris, member of the Environmental Advisory Committee, requested
the Commission consider reinstating watering restrictions. The City Manager
indicated the City's consulting engineers are doing a thorough review of the
City's water rates and this will be brought forward along with changes in
rates.
Ed Mazur, representing the National Forget-Me-Not Association.
complimented the City as being a leader in recognizing the POW/MIA issue. He
expressed concerns regarding the POW flag no longer flying at City Hall or on
the Memorial Causeway. He suggested the Clearwater flag could be replaced
with the POW flag at City Hall and a variance could be requested to allow
another flag on the causeway. The City Manager indicated the violation of the
ordinance is in regard to the number of flags which are allowed to be flown.
The City Commission directed staff to fly the POW flag on the causeway
and at City Hall. It was indicated there would be times when it was more
appropriate to fly the Clearwater flag at City Hall but the POW flag would be
flown at other times.
PUBLIC HEARINGS
The property would be used for additional parking. The City has no
existing utilities within any of the Rights-of-Way.
This request has been reviewed by the various City Departments/Divisions
concerned with vacations. The Engineering Division objects to vacating the
30' east/west r;ght~of-way in that this right-of-way offers access to a
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property located to the northeast. The Fire Department also objects to the
vacation of the 301 east/west portion. Engineering is requesting that only
the 27.71 north/south right-of-way be vacated (less the north 30').
Vision Cable and GTE have no objection. The Church has given Florida
Power a 10' Easement which eliminated their objection.
David Griffin. representing the applicant, stated they had no objection
to staff's recommendation.
Commissioner Regulski moved ta den~ the applicant's request to vacate
the full 301 east/west right-af-way lying along the south boundary of Palm
Park Subdivision and approve the vacation of the full 27.5' north/south right~
of-way lying along the west side of Lot 6. Mason Subdivision less the north .
301 and direct the City Attorney to prepare a vacation ordinance for the next
Crmmissian meeting. The motion was duly seconded and carried unanimously.
ITEM #9 - Public Hearino & First ReadinQ Ordinances #5137-91. #5138-91 &
05139-91 - Annexation. Land Use Plan Amendment to Public/Semi-Public and P!SP
Zonin~ for property located on the W side of McMullen-Booth Rd., N of
Countryside Sports Complex, Sec. 21-28-16. M&B 23.09, 3.81 acres (Bethal
Lutheran Church Inc. A91-10. LUP91-11){PLD)
The applicant wishes to expand the existing church structure, and in
order to do so, needs to connect to the City's sewerage system. The applicant
desires to commence construction immediately, before annexation is completed.
Construction will therefore be overseen by the county. The applicant has
executed an annexation agreement with the City, including a promissory note
for open space land fees.
At the recommendation of the Department of Public Works, the front 50
feet of the property along McMullen-Booth Road will not be annexed. The
county is presently discussing acquisition of this area for the widening of
McMullen-Booth Road. The City has a sanitary sewer force main which runs in
front of the property into which the applicant will connect. Water service is
presently, and will continue to be, provided by Pinellas County.
The applicant1s site plan has been reviewed and approved by the City's
Development Review Committee. The site plan is to be certified by the City
after the property is annexed.
Commissioner Fitzgerald moved to approve annexation. land use plan
amendment to Public/Semi-Public and Public/Semi-Public zoning for Bethel
Lutheran Church. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5137-91 for first reading' and
read it by title only. Commissioner Nunamaker moved to pass Ordinance #5137-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
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However, no matter how the sign is measured, the area of the sign is
con~iderably larger than the 48 sq.ft. maximum permitted by the Sign
Regulations for this establishment.
The applicant would like to retain his original sign but if this is not
possible, then he would at least like to keep his painting of the marlin.
This would leave him without the name of his business on his establishment.
Mr. Polatty, Planning and Development Director, indicated this is a
policy issue as to whether or not the Marlin is a sign or art.
A concern was raised that if a variance was granted for the square
footage, the applicant could remove the Marlin and repaint the words, Action
Tackle, rather than have the Marlin.
Concerns were expressed regarding not considering this advertising.
Bonnie Goldman,'applicant, indicated they were not aware of the sign
ordinance when they obtained the business. She stated when they found this
was considered a sign, they removed the words, Action Tackle, and left the
Marlin in place.
In response to a question, Mr. Polatty indicated staff had actually gone
out and measured the Marlin and it is 155 square feet.
Discussion ensued regarding whether or not this is a sign and the
pr0~edent that would be set by allowing it to remain. A suggestion was made
that it be allowed to remain with it being reconsidered in October of 1992
when the amortization period expires and the pole sign in front of the
business would have to be addressed. It was reported the sign was not
permitted.
Additional discussion ensued regarding the sign and whether or not it
should be allowed. Ms. Goldman indicated they are a retail store between two
dealerships and they are difficult to see from the highway.
Corrnnissioner Regu1ski moved to deny the request. The motion was duly
seconded and upon the vote being taken: Commissioners Regulski, Fitzgerald,
Nunamaker and Berfie1d voted II Aye II , Mayor Garvey voted UNayll, motion carried.
ITEM #11 - (Cont. from 9/19/91) Park Place - Notice of Proposed Chance to an
alread a roved DRI: located between Grew St., Gu1f-to-Bay, US19 and Hampton
Rd. Building Holding Operation Co. LUP91-04, A91-01)(PLD)
This item was continued at the applicant's request from the September
19, 1991 Commission meeting. There are two separate actions required to
permit itldustrial research and development land uses in the Park Place
Development of Regional Impact. First, approve a change to the development
order to allow the substitution of 200,000 sq.ft. of industrial development
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"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
The City Attorney presented Ordinance 15138-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance 15138-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
The City Attorney presented Ordinance #5139-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5139-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
llAyesll: Regulski, Nunamaker, Fitzgerald. Berfield and Garvey.
lINaysn: None.
ITEM #10 - Variance to Sian Regulations for oroDertv (Action Tackle) located
at 19666 US19N, Sec. 19-29-16, M&Bs 11.05, 11.06 and 11.061 (Kenyon Dodge Inc.
SV91-20)(PLD)
The applicant is requesting a variance of 162 sq.ft. in order to retain
a business identification sign consisting of a large drawing of a marlin and
the name of the business. There is an existing property identification ~ign
(pole sign) for the commercial complex, which includes a 32 sq.ft. panel
identifying the applicant's enterprise. This pole sign will have to be
modif1Drl by the property owner by October 13, 1992.
The applicant's business identification sign is unusual in its
composition. The large painting of the marlin (155.5 sq.ft.) is well done,
and if on the wall of an unrelated business, would be classified as art, and
not included as signage. However, in judging if a drawing is signage or a
piece of art, the standards adopted by the Planning and Development Department
have been to classify as signage: 1) all logos; and 2) all drawings related
to the product or activity of the business (e.g. fis~ing tackle, rods, etc.).
According to the Sign Regulations, wall signs shall be measured as the
area encompassed by a single geometric figure. The applicant's sign (marlin
and name) can be enclosed by a trapezoid having a top width of 42 feet, a
bottom width of 10 feet, and a height of 15 feet 7 inches with an area of
405.1 sq.ft. If more than one geometric shape could be used to define the
area of the sign, such as a trapezoid to encompass the marlin and two
rectangles enclosing the name of the enterprise, the area attributed to the
sign would be 242.5 sq.ft. This second method gives a truer measure of the
area of the sign.
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for 300,000 sq. ft. of office development and extending the build-out date for
the project from 1991 until 1996 and amending the zoning and land use
classification for the property. At the next public hearing the Commission
will be asked to consider the applicant's arguments that the proposed changes
do not constitute a substantial deviation from the original DRI. Staff feels
the proposal does not constitute a substantial deviation sinc~ service impacts
are lessened from the original level of development and the app1icant has
demonstrated reasonable progress, given market conditions, in proceeding with
the continued development of the site. The Planning and Zoning Board has
accepted staff's determination that no substantial deviation is created by the
proposed changes. The Commission has previously passed, on first reading,
ordinances amending the zoning and land use classification for approximately
50 acres of the 99.1 acre site. Now that the applicant has submitted actual
concept plans for the development, a reduction in the amount of area to be
rezoned, reclassified is warranted. This will be done at second reading.
The second reading of the ordinances will be scheduled to coincide with
the second reading of the ordinance amending the development order.
The Notice of Proposed Change to the DRI will also have to be reviewed
by the Regional Planning Council and the state land planning agency. If there
is any determination that the changes represent a substantial deviation, the
developer of the project must go through essentially the same review process
as required for a new DRI.
The original development order for Park Place permitted a project with a
maximum floor area of 1,253,000 sq.ft. to be developed in three phases. The
applicant now proposes to develop the subject site with retail, office and
industrial uses. The industrial development would contain a maximum floor
area of 200,000 sq.ft., in exchange, the approved maximum office floor area
will be reduced by 300,000 sq.ft., the total floor area to be built will be
1,153,000 sq.ft. The applicant also proposes to change from three phases to
one phase with an extension of build-out date from 1991 to 1996.
The only infrastructure service issue is traffic generation. The
applicant maintains the proposed change in land use and floor area is not
substantive with regard to traffic generation because the overall floor area
of the project is reduced and the traffic generation potential of industrial
is less than office. Staff of the Planning and Development Department
generally concur with the applicant's assessment.
The proposed land uses will now occupy the following acreage, industrial
will be 21.3 acres, office will be 43.8 acres, retail/commercial will be 31.7
acres, open space will be 2.3 acres for a total of 99.1 acres. Staff feels
reasonable progress has been made toward completion of the original
development order and feels the proposed change to the build-out date is
within the confines of the language of the original development order.
A question was raised regarding whether or not the Planning and Zoning
Board needed to hold another public hearing regarding this proposal. Timothy
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Johnson, attorney for the applicant, stated the Planning and Zoning Board has
considered the change to the DRI and has seen the information twice.
Therefore, it is felt it does not have to go back to the Planning and Zoning
Board. Be requested the Commission consider setting a special meeting to hold
the public hearing, prior to the next regularly scheduled Commission meeting
of November 21, 1991.
Concerns were expressed regarding the need to see a site plan and it was
indicated that a conceptual plan had been submitted with the original
application however, a more specific site plan has now been submitted.
Discussion ensued regarding what date to set the special meeting.
Commissioner Nunamaker moved to c9ntinue the public hearing for the
proposed amendment to DRI to November 4, 1991 at 10:00 a.m. and to receive and
refer Ordinance 15142-91 to the City Clerk for advertising. The motion was
duly seconded and carried unanimously.
The applicant is requesting continuance to allow time to more fully
examine the hospital's needs for directional s;gnage.
Commissioner Nunamaker moved to continue this request to the Commission
meeting of November 21, 1991. The motion was duly seconded and carried
unanimously.
Public Hearing - Second Readino Ordinances
ITEM #13 - Ordinance #5127-91 - Relatino 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
The City Attorney presented Ordinance #5127-91 for second reading and
read it by title only. Commissioner Nunamaker moved to pass and adopt
Ordinance 15127-91 on second and final reading, The motion was duly seconded.
Upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
UNaysll: None.
ITEM ~14 - Ordinance #5136-91 - Relatinq to municipal cemeterYi amending Sees.
29.01-29.05
The City Attorney presented Ordinance #5136-91 for second reading and
read it by title only. Commissioner Nunamaker moved to pass and adopt
Ordinance #5136-91 on second and final reading. The motion was duly seconded.
Upon roll call, the vote was:
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UAyesn~ Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 115-33) - Approved less Items '28 & 33.
Agreements - Approved.
ITEM 115 - Letters of Agreement wi~h Florida Gas Traosmission Company to
provide Firm Transportation of Natural Gas (GAS)
ITEM 116 - Interloca ee e t w t e t 0 Bel ea r Bluffs from 11/1/91-
9/30 92 to provide library cards to residents of Belleair Bluffs for an
estimated revenue of $13,000 (LIB)
Leases - Approved.
Bids & Contracts - Awarded less Item 128.
ITEM 1 - ua co tact 0 U case of various steel as materials to
Consolidated Pipe and Supply, AL, at an estimated cost of 17,020; The Avanti
Co., FL, at an estimated cost of $27,739.75; M. T. Deeson, AL, at an estimated
cost of $33,011.65: 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
$119,053.80 (GAS)
Jl~ #21 - Contract for ma1Dte~nce of the Clearwater Public Librarv lIBSIOO
system to CL$I. Inc., Newtonville, MA, on a month to month basis, six month
maximum, at an estimated monthly cost of $5,976 (LIB)
and 39
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ITEM #24 ~ Annual Irriaation Parts Contracts for the period 11/1/91-10/31/92
to Century Rain Aid for an est. cost of $~082.98; to Banks Supply Co. for an
est. cost of $5,211.25; to Barnes Industrial Plastic Piping for $6,430; and to
Rite-Flo Supply, Inc. for $15,260.68, for a total estimated cost of $94,984.91
(PR)
25 - Purchase of Lot 3 Mac Dixon's Sub. for $62,000 (Dorothy F. West)
~ Purchase of Lot 19 Mac Dixon's 1st Addition for $62,000 (Helen
PW
ITEM 2 - Contract for Pierce Franklin Street Parkin Lot to Kearney
Development Co., Inc., Tampa, FL, for $47,297.70 PW
Item 128 - See Paae 10
Citizens &- Staff Requests - Approved.
ITEM #29 - Approve participation with Florida Municipal Natural Gas
Association in hirina a rate consultant at a total fee not to exceed $12,000
(GAS)
ITEM #30 - Authorization for Police Dept. to hire additional Dol ice aides
equal to one full time eauivalent position totallinQ approx. 2080 hours, for
the Law Enforcement Apprentice Program, for the period 10/18/91-9/30/92 for a
not to exceed total aggregate of $13,000 (PO)
Change Orders - Approved.
ITEM #31 - C.O.#2 to the Wellfield Rehabilitation Pro eet decreasing the
amount by 7,490, changing the contract total to 324,313.50 and increase the
contract time by 120 days to a total of 280 days (PW)
Plans & Plats - Approved less Item 133.
ITEM #32 - Replat of the Loehmann's Plaza Replat Subdivision for Wal-Mart
located on the NW corner of NE Coachman and US19 (Principle Mutual Life
Ins.){PLD) Review the proposed subdivision for Loehmann's Plaza Replat and
refer the subdivisioll to the Development Review Committee (D.R.C.) for review
with authorization of final approval to be granted by the City Commission'
subject to the following conditions: 1) Prior to DRC review of.the
preliminary plat, the applicant must revise the preliminary plat and
supplemental drawing to provide the information as outlined by staff; 2) Signs
and fencing/walls are subject to separate review and permitting processes; and
3) The rezoning of the property to Commercial Planned Development'shall be
finalized prior to the recordation of Lilt: subdivision plat.
Item #33 - See Paae 10
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Commissioner Berfield moved to approve the Consent Agenda as submitted
less Items 628 and 633 and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM 128 . Contract for oreDaration of a PD&E Study for the widening of Drew
Street to Post, Buckley, Schuh & Jernigan for a not-to-exceed fee of
$564,043.43 (PW)
The City proposes to widen Drew Street from just west of Ft. Harrison
Avenue to just east of Northeast Coachman Road in cooperation with the Florida
Departw.~nt of Transportation. The City has agreed to prepare preliminary
design reports and construction contract documents. The initial work is the
preparation of a preliminary design report known as a Project Development and
Environmental Study. The City approved the ranking of the top three firms to
perform this work and staff has negotiated a contract. The City Manager
reported he is asking continuance of this item as they are trying to refine
the hours that are noted in the contract.
Commissioner Nunamaker moved to continue this item to the next regularly
scheduled Commission meeting of November 21, 1991. The motion was duly
seconded and carried unanimously.
ITEM 133 - Final Site Plan for Celebration Station located at 24536-24576
US19N, Parts of Lots 8 & 9 Blackburn Sub., 2.99 acres (Baker, Rally Stores,
Inc., Palomino and Ferrellgas, Inc.)(PLD)
This is a final site plan for an outdoor commercial
recreation/entertainment facility. The site is an expansion of the existing
Mountasia Fantasy Golf site. The expansion includes a go-cart track, batting
cage, and an arcade/restaurant with associated parking. A conditional use was
obtained on July 2, 1991 to operate an outdoor commercial
recreation/entertainment facility for the expansion.
On October 14, 1991, the Planning and Development Department received a
letter from John R. Iiaggitt, representing the owner of the existing private
easement that traverses the Celebration Station property. Mr. Haggitt states
his client's right to the use of the non-exclusive easement and emphasizes his
client has not agreed to its relocation as indicated on the site plan,
therefore, an additional condition is being recommended to read as follows:
The 18 foot private easement shall not be relocated or obstructed without the
written c~nsent of the owner of the estate served by the easement.
Commissioner Barfield moved to approve the final site plan for
Celebration Station subject to the following conditions: 1) Signs and
fencing/walls are subject to separate review and permitting processes: 2) A
401 drainage and utility easement shall be provided along US19 and dedicated
prior to issuance of a building permit: 3) The re4uisite building permits must
be procured within six months from the date of certification of the final site
plan and all 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 Planning and Zoning Board for the conditional
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10
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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 Public Works/Engineering; 6) Prior to certification, 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 plan; 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. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #34 - Traffic Impact Fees - Gateway Children's Center (P~D)
The City has been requested to pay the amount of $8,195.03 for
Transportation Impact Fees assessed against Gateway Children's Shelter at 211
South Missouri Avenue. This facility provides day care for children from
homeless shelters and transitional housing. City COBG and federal grant funds
were allocated for construction, but federal COBG funds can not be used to pay
impact fees.
The City Manager indicated he does not believe the City can waive the
fees, however, he has no objection to the City paying the fee. The City
Attorney stated he looked at this issue some time ago and his opinion is that
the fee cannot be waived. A letter has been received from the County
Administrator indicating the County had no objection to waiving their fee.
Discussion ensued regarding waiving or paying the fee.
Commissioner Regulski moved to pay the City portion of the traffic
impact fee for Gateway Children's Center out of the affordable housing fund
and to authorize staff to request the County waive their portion. The motion
was duly seconded and carried unanimously.
Union Contracts
Kathy Rice, Deputy City Managerf thanked the Commission far the
direction they provided during the negotiation process. She indicated the
process worked better this yearf resulting in three year contracts with all
four unions. All four contracts have been ratified by the union memberships
and are effective October If 1991.
The Mayor congratulated staff and thanked the unions.
Ed Hooper. President IAFF, stated the Commission made a substantial
difference in the negotiation process by going out of their way to be
thoughtful and considerate. He praised the Commission for the decision to
hire Michael Wright as City Manager. He stated there are good relations
between the employees, the City Manager, Deputy City Manager and Assistant
City Manager. He thanked all involved and stated the employees understand
times are tough.
CCmtg
'10/17/91
~
11
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ITEM 5 - Three ear collective bar ainin a reement with the IAFF effective
October 1. 1991 HR
labor negotiations between the City and the International Association of
Firefighters, "IAFF", have culminated in a written draft agreement to succeed
the existing agreement which expired September 30, 1991.
The major changes are: 1) General wage increase of 4% effective
10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a
new two and one-half percent longevity step which employees will receive after
having been in the highest step in their classification for a period of four
years; 3) Provision to allow employees four years prior to retirement to save
five duty days of vacation to be paid at retirement; 4) Increase in amount of
sick leave that an employee may use for family sick leave purposes per year
from the equivalent of the number of hours in one work week per year to the
nUlnber of hours in two work weeks; and 5) A sick leave incentive program to
allow an employee with no sick leave usage in a calendar year to convert two
days of sick leave to two personal leave days; for usage of one to sixteen
hours of sick leave in a calendar year, conversion of one day of sick leave to
one personal day.
Commissioner Nunamaker moved to approve the proposed three year
collective bargaining agreement. as ratified by the bargaining unit, between
the City and the IAFF, effective October 1, 1991. The motion was duly
seconded and carried unanimously.
ITEM #36 - Three year collective bar:lq~ning agreement with the CWA. effective
October 1. 1991 (HR)
Labor negotiations between the City and the Communication Workers of
America. "CWA", have culminated in a written draft agreement to succeed the
existing agreement which expired September 30, 1991.
The major changes are: 1) General wage increase of 4% effective
10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a
new two and one-half percent longevity step which employees will receive after
having been in the highest step in their classification for a period of four
years. 3) Increase in amount of sick leave that an employee may use for family
sick leave purposes per year from the equivalent of the number of hours in one
work week per year to the number of hours in two work weeks; 4) An increase in
shift differential pay from 30 cents per hour to 40 cents per hour; and 5) A
sick leave incentive program to allow an employee with no sick leave usage in
a calendar year to convert two days of sick leave to two personal leave days;
for usage of one to sixteen hours of sick leave in a calendar year, conversion
of one day of sick leave to one personal day.
Commissioner Fitzgerald moved to approve the proposed three year
collective bargaining agreement, as ratified by the barga~ning unit, between
the City and the CWA, effective October 1, 1991. The motion was duly seconded
and carried unanimously.
CCmtg
10/17/91
12
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Labor negotiations between the City and the Florida State Lodge of
Fraternal Order of Police, "FOP", Lodge Number 10 have culminated in a written
draft agreement to succeed the existing agreement which expired September 30,
1991.
The major changes arc: 1) General wage increase of 4% effective
10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a
new two and one~half percent longevity step which employees will receive after
having been in the highest step in their classification for a period of four
years; 3) Increase in amount of sick leave that an employee may use for family
sick leave purposes per year from the equivalent of the number of hours in one
work week per year to the number of hours in two work weeks; and 4) A sick
leave incentive program to allow an employee with no sick leave usage in a
calendar year to convert two days of sick leave to two personal leave days;
for usage of one to sixteen hours of sick leave in a calendar year, conversion
of one day of sick leave to on~ personal day.
Commissioner Berfield moved to approve the proposed three year
collective bargaining agreement, as ratified by the bargaining unit, between
the City and the Florida State Lodge of FOP, Lodge Number 10, effective
October 1, 1991. The motion was duly seconded and carried unanimously.
Labor negotiations between the City and the Florida State Lodge of
Fraternal Order of Police, "FOP", (Sergeants and Lieutenants) have culminated
in a written draft agreement to succeed the existing agr"eement which expired
September 30, 1991.
The major changes are: I} General wage increase of 4% effective
10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2} The addition of a
new two and one-half percent longevity step which employees will receive after
having been in the highest step in their classification for a period of four
years; 3} provision to allow employees three years prior to retirement to save
up to one-half of their vacation to be paid at retirement; 4) Increase in
amount of sick leave that an employee may use for family sick leave purposes
per year from the equivalent of the number of hours in one work week per year
to the number of hours in two work weeks; and 5} A sick leave incentive
program to allow an employee with no sick leave usage in a calendar year to
convert two days of sick leave to two personal leave days; for usage of one to
sixteen hours of sick leave in a calendar year, conversion of one day of sick
leave to one personal day.
Commissioner Regulski moved to approve the proposed three year
collective bargaining agreement, as ratified by the bargaining unit, between
CCmtg
10/17/91
13
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the City and the Florida State Lodge of FOP (Sergeants and Lieutenants),
effective October 1, 1991. The motion was duly seconded and carried
unanimously.
ITEM 139 - Recommended earkinQ Fee Increases for Clearwater Beach (eM)
The City currently has 2,412 parking spaces on Clearwater Beach of which
1,718 arc 50-cent per hour metered spaces, 444 al'e 20-cent/30-cent per hour
metered spaces and 250 are cashier spaces at 75-cents per hour. The parking
fund received $1,232,594 in revenue from these parking spaces in the 1990-91
fiscal year.
The City currently has a contract with Republic Parking Systems to
operate the Pier 60 parking lot as attendant parking 18 hours per day, seven
days per week. That contract, which costs approximately $100,000 per year.
will expire October 31, 1991. Parking Facilities Manager Tracey Bruch has
recommended, should the City decide to stay with attendant parking, the
contract with Republic not be renewed and city employees be hired instead.
Ms. Bruch cites difficulty with high turnover rate among Republic's employees
and poor relations with the public. Attendant parki,lg with city employees
would cost approximately $118,000 for the same service.
The Pier 60 lot was converted to attendant parking April 1990 and the
hourly fees were increased from 50-cents to 75-cents. For the 12 month period
prior to conversion, a total of $295,532 was collected from the lot from
parking meters, night attendant and permit parking revenue.
The Police Department has requested the Pier 60 lot remain open as
attendant parking after 7 p.m. Parking in this lot after 7 p.m. is suggested
to be set at a flat rate of $1 per visit to encourage potential cruisers to
park.
Republic also operates attendant parking at the South Gulfview lot for 8
hours per night. Staff recommends that metered parking be enforced during all
the hours this lot is in operation with no attendant parking.
By converting the Pier 60 lot to meters and increasing the hourly cost
of beach lot parking to $1 the City could reasonably expect a revenue
increase of approx~~ately $616,000 to $1,848,594. Industry trends and local
experience indicate that even though the fees are doubled. actual revenue
received will increase approximately 50 percent.
In an attempt to soften the proposed increase for residents, it is
recommended city residents be allowed to purchase either an annual pass for
$120 or a six month pass for $65 that will allow them to park at any available
meter in either the Rockaway, Pier 60 or South Gulfview parking lots.
The Marina currently sells parking permits for 50-cents per half day, $1
per day, $10 per month and $100 per year for the Marina and Civic Center
CCmtg
10/17/91
14
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parking lots. These rates nave not been increased since 1983 and it is
recommended these fees be increased to $1 per half day, $2 per day, $15 per
month and $120 per year.
It is further recc~nended that current parking meters that are set at
either 20-cents or 30-cents per hour be increased to 50-cents per hour. These
meters are located pr1marily on street right-of-ways and small parking lots
not directly adjacant to the beach.
The cost of meter conversion will be approximately $24,000. The City
has already purchased three additional change machines to be installed at the
Rockaway, Sand Key and South Gulfview lots. It must also purchase three
change machine buildings at an estimated cost of $11,700. This is in addition
to the machine currently installed at the north end of the Gulfview lot. If
the conversion from attendant parking is approved, a fourth machine and
building. at a cost of approximately $6,900 may need to be purchased for the
Pier 60 lot. The total cost of all of these purchases will amount to $42.600
in one time capital expenditures and will require a first quarter budget
amendment.
If these revenue recommendations are approved, it is further recommended
the additional revenue be used to offset the cost of the police aide traffic
program on Clearwater Beach and to subsidize the cost of the cruising and/or
noise enforcement effort on the island. That cost is currently estimated to
be $262,000 on an annual basis. The remaining $354,000 will be retained in
the Parking Fund. Coupled with the $100,000 decreased cost associated with
the elimination of attendant parking, the net increase to the Parking Fund
will be approximately $450,000. It should be noted the Parking Fund already
contributes $365,540 to the General Fund for Beach Patrol and Meter
Enforcement.
The City Manager reported, from a labor and expense standpoint, it makes
sense to convert to metered parking. The parking fund has lost more than
anticipated. In the 1990/91 Budget there were $360,000 more in expenses than
revenue which was balanced by using accumulated reserves. He stated there is
an actual loss of $400,000. He recommends converting Pier 60 back to meters.
He anticipates this would generate $600,000 in new revenue from which the
Police Aide program and increased enforcement of the noise and cruising
ordinances would be paid. To soften the impact on Clearwater residents he
recommends resident permits at a reduced rate. He also recommends increasing
the Marina parking permit fees.
A concern was expressed. if the fees are doubled and revenues would not
double, if this meant there would be more parking spaces available. It was
indicated people stay shorter periods of time or find othe~ parking places.
Mr. Wright indicated his primary reason for this recommendation is to
try and put the budget more in balance and to shift the cost of the police
beach programs from the General Fund. He did reiterate that 2.3 million has
CCmtg
. 10/17/91
15
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. been moved from the Parking Fund reserve for property acquisition. He stated
it is anticipated this money will be used within the next thirty days.
It was indicated the Commission wanted to receive input at tonight's
meeting and action would be delayed until November 21, 1991.
Two former members of the Clearwater Beach Blue Ribbon Task Force spoke
in opposition to conversion to metered parking. They stated the task force
. recommended expanding attendant parking. It was felt the public relations
gain from attendant parking more than offsets any revenue losses. They did
not disagree with raising the rates. Concern was expressed regarding the 2.3
million taken out of the Parking Fund reserve for property acquisition.
Discussion ensued regarding additional information the Commission
desired before the November 21, 1991 meeting. It wa~ requested that a zero
based budget for the parking fund be provided. Also, calculations regarding
the most economical and reasonable attendant parking for the three lots with a
full break down of revenues and expenditures be provided. Also, information
on additional costs to be paid from the Parking Fund was requested.
Another member of the former Clearwater Beach Blue Ribbon Task Force
spoke in support of maintaining attendant parking.
The City Manager reported the current contract with Republic Parking
will expire on October 31, 1991. He stated they have agreed to continue on a
month-to-month basis at a cost of $38.00 a day more than the current contract.
Consensus of the Commission was to pursue this.
.
A question was raised regarding how the monies collected by the parking
attendants is accounted for. A report will be provided.
Commissioner Berfield moved to continue this item until the next
regularly scheduled Commission meeting of November 21, 1991. The motion was
duly seconded and carried unanimously.
The meeting recessed from 8:22 p.m. to 8:35 p.m.
,.,,~~
The proposed ordinance is designed to update the specific editions of
the codes enforced by the Building Inspections Division. This is to reflect
the code editions recently adopted by the Pinellas County Construction
Licensing Board. The City of Clearwater, as well as all of the other
jurisdictions in Pine11as County, are governed by Chapter 75-489, laws of
Florida, which establishes the Pine11as County Construction Licensing Board.
This board reviews the codes and establishes which codes and editions are used
in this county. This Board consists of 20 members. The cities of Clearwater,
St. Petersburg and Pine11as County Building Officials have permanent positions
on the board.
.
10/17/91
CCmtg
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The ordinance updates the codes to the: 1) The 1991 edition of the
Standard Building Codej 2) The 1991 edition of the Standard Plumbing Code: 3)
The 1991 edition of the Standard Mechanical Code; 4) the 1988 edition ~f NFPA
54 National Fuel Gas Code; and 5) The 1989 edition of NFPA 58 Storage and
Handling of LP Gas.
The City Attorney presented Ordinance '5144-91 for first reading and
read it by title only. Commissioner Fitzgerald moved to pass Ordinance 15144-
91 on first reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Regulski. Nunamaker, Fitzgerald, Berfield and Garvey.
t1Naystl: None.
ITEM #41 - Marine Advisorv Board - 1 aooointment (elK)
Commissioner Nunamaker moved to appoint Richard Twining. The motion was
duly seconded and carried unanimously.
ITEM *42 - Municipal Code Enforcement Board - 4 appointments (eLK)
Commissioner Regulski moved to reappoint William Zinzow and Louise
Riley. The motion was duly seconded and carried unanimously.
Commissioner Regulsk; moved to appoint Stephen Swanberg. The motion was
duly seconded and carried unanimously. '
Commissioner Berfield moved to appoint Stephen Gerlach. The motion was
duly seconded and carried unanimously.
ITEM #43 - Environmental Advisorv Committee - 2 appointments (eLK)
Commissioner Fitzgerald moved to reappoint Mike Foley. The motion was
duly seconded and carried unanimously.
Commissioner Fitzgerald moved to appoint Ann Donovan. The motion was
duly seconded and carried unanimously.
Other Pendinq Matters
ITEM: Indemnitv Aareement - 1991 Good life Celebration Games
The Good Life Games were started in Clearwater over ten years ago and
Barnett Bank became involved as a major sponsor in 1984. This outstanding
event has grown in participation, scope and identity over the years and it is
now supported throughout the county by cities such as: St. Petersburg, Largo,
Dunedin, Madeira Beach, Gulfport, Safety Harbor, and of course Clearwater.
Events include softball, shuffleboard. lawn bowling, horseshoes, track and
field, etc. Clearwater, like other cities, provides facilities and manpower.
Some of the events are sanctioned by the United States Senior Olympics and
CCmtg
10/17/91
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many local participants qualify for the Olympic program through these Good
Life Games. The Good Life Celebration and Garnes has grown to be one of the
most recognized senior events in the country.
The intent of the lndenlnity Agreement is that Barnett Bank, the Times
Publishing Company, and Channel 13, do not want to held liable for claims
concerning things they have no control over in use of city property,
facilities and equipment. The wording in the agreement is the same as
approved last year, accept that Channel 13, WTVT, has been added as a co-
sponsor.
Commissioner Regulski moved to approve the indemnity agreement by and
between the City of Clearwater, Barnett Bank of Pinellas County, The Times
Publishing Company and Channel 13, WTVT, relative to the 1991 Good Life
Celebration and Garnes. The motion was duly seconded and carried unanimously.
ITEM: Stevenson Creek Channel 1m rovements Phase 1 Assi nment of Contract
and C.0.#2 PR
Scarborough Constructors, Inc. entered into a contract with the City in
March, 1991 for the construction of Stevenson Creek Channel Improvements,
Phase 1. In April, 1991, Scarborough proceeded with the removal of the
existing Palmetto Street Bridge in preparation for the installation of a
multi-channel box culvert. Since the removal of the bridge, Scarborough has
had great difficulties in constructing the proposed box culvert, and to date
the structure has not been replaced. These difficulties are primarily caused
by the inability of Scarborough to isolate the work area from both tidal
waters and storm waters. In August, 1991 Scarborough requested that the box
culvert design be changed to allow for segmented construction whereby the box
culvert would be constructed in two phases using temporary sheet pilings to
direct the storm waters around the construction. Public Works agreed to this
changed construction method. As of September, 1991, Scarborough continued to
have difficulties in dewatering the work area, even with the temporary bypass
sheet piling in place. At this time Public Works investigated several
alternatives to complete the construction of Phase 1 improvements, including a
change of contractor. The result of this investigation was that Public Works
asked Scarborough to consider the assignment of their contract obligations to
another contractor who had acknowledged expertise in the area of box culvert
construction. Scarborough agreed to this concept as the best alternative to
complete construction with the least delay to the general public. This is
particularly important now that the school year has begun and the closure of
Palmetto Street greatly affects access to the local schools. Agreement was
reached that Kimmins Constructors, Corporation is an acceptable contractor for
this assignment, particularly in view of the fact that Kimmins is very
familiar with the project. being the second low bidder to Scarborough, and
that they have extensive experience in the construction of poured in place box
culverts.
The Contract Assignment provides for the fo11owing: 1) The transfer of
all contract responsibilities from Scarborough to Kimmins: 2) Completion of
CCmtg
10/17/91
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all necessary restoration and repairs needed as a result of the progress of
the work to date will be performed by Kimmins; 3) The City will receive new
contract bonds and insurance certificate from Kimmins: 4) Removes the
opportunity for the Assignor to bring suit against the City for any reason;
and 5) Recommencement of the work before the end of October.
Change Order 12 to the assigned contract with Kimmins provides for the
following adjustment of contract items: 1) Removal of Item 30 for temporary
steel sheeting to be used adjacent to Cleveland Street (Deduct $12,000): 2)
Add Item 38 for installation of temporary sheeting to allow the phased
construction of the Palmetto Street Box Culvert as discussed above (Add
$35,000); and 3) Increase of contract time by 120 days. Increase in contract
time is necessary to allow Kimmins a reasonable amount of time to complete the
contract work.
Bill Baker, Public Works Director, indicated Scarborough began their
work in April and were supposed to be finished by the end of November. He
stated as of yet, they have accomplished very little. He stated the
Scarborough and Kimmins lawyers worked together to reach the assignment
agreement. The City Attorney indicated that Scarborough would not be paid
anymore than they have been paid for the work they have accomplished thus far.
Discussion ensued regarding potential liabilities from subcontractors
and the City Attorney indicated the City is protected in this regard.
Commissioner Nunamaker moved to approve the assignment of the Stevenson
Creek Channel Improvements Phase 1 to Kimmins Contracting Corporation and
Change Order 12 increasing the contract amount $23,000 and that the
appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
CITY ATTORNEY REPORTS
First Readina Ordinances
!JEM #44 - Ordinance #5143-91 - Relatina to financial administration, amending
Sec. 41.14 to delete requirement for surety bonds for finance and deputy
finance directors
The City Attorney presented Ordinance #5143-91 for first reading and
read it by title only. Commissioner Regulski moved to pass Ordinance #5143-91
on first reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayestl: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
IINaysU: None.
CCmtg
10/17/91
19
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Other Citv Attorney Items
ITEM 145 - Request for authorizatjon to file suit against Suncoast Seabird
Sanctuary for damage at Clearwater Airpark
On February 2, 1989, an airplane operating out of Clearwater Airpark
crashed at the Airpark destroying the plane and damaging or destroying a
section of fence and a supply of pipe being stored there (value - $2,973.22).
The plane was owned by the Suncoast Seabird Sanctuary and was being used to
provide student pilot training. The Sanctuary did not carry liability
insurance on the plane.
Currently the law considers an airplane a lldangerous instrumentality",
and the owner would be liable for damages resulting from negligence. The
instructor pilot, as the pilot in command, is also liable. The student pilot,
who was flying the plane at the time of the crash, would be liable if
negligent.
A tentative settlement was thought to have been reached with both the
Sanctuary and the instructor pilot contributing towards settlement. The
Sanctuary, however, has indicated it is no longer willing to settle. The
instructor pilot has contributed $1,000 towards settlement.
Authorization is sought to bring an action against the Suncoast Seabird
Sanctuary and the student pilot, Jack St. Arnold.
Commissioner Regulski moved to approve authorization to file a Complaint
seeking compensation for damage to City property against Suncoast Seabird
Sanctuary and Jack St. Arnold. The motion was duly seconded and carried
unanimously.
Citv Manaoer Verbal Reports - Mone.
Other Commission Action
ITEM #46 - City Manaaer Salary Review
The City Commission evaluated the City Manager for six months of work
performance on September 27, 1991. The City Manager received very positive
remarks from all City Commission members.
Discussion ensued regarding what adjustment to make to the City
Manager1s salary, with a 4% and 5% increase being suggested. It was stated
this evaluation and adjustment are for seven months. It was stated other
employees receive more than 4%.
Commissioner Nunamaker moved to approve an increase in the City
Manager1s salary of 4% per annum. The motion was duly seconded and carried
unanimously.
CCmtg
10/17/91
20
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JTEM f47 - City Attornev Sal~rv Review
The City Attorney was rated by the City Commission on September 27,
1991. He received generally positive remarks from the City Commission.
Commissioner Regulski moved to approve an increase in the City
Attorney's salary of 4% The motion was duly seconded and carried unanimously.
lidditional ptber Commission Action
Commissioner Fitzgerald reported citizens of Clearwater were receiving a
5% break in flood insurance as a result of the Community Rating System. He
stated there is further opportunity to even further lower the rate in 5%
increments per year based on steps the City takes to mitigate the possibility'
of flood damage.
Commissioner Regulski questioned when the Countywide Sign Ordinance
would be discussed and it was indicated this has been scheduled for the next
meeting.
Adjournment
The meeting adjourned at 9:05 p.m.
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