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11/18/1991 (2) .,~""" j ~! r . . . . CITY COMMISSION SPECIAL MEETING November 18, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Sue Berfield Lee Regulski William Nunamaker Richard Fitzgerald Also present were: Michael J. Wright M. A. Galbraith, Jr. Cynthia E. Goudeau Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Conunissioner City Manager City Attorney City Clerk The Mayor called the meeting to order at 2:53 p.m. Dimmitt v. City of Clearwater The U.S. Magistrate in this case entered an order granting partial summary judgment for Dimmitt and denied the City's Motion for Summary Judgment. This case relates to the flag display at Dimmitt Chevrolet on US19. Ordinarily the City would have 30 days in which to file a Notice of Appeal if a decision is made to take such an appeal. The City Attorney has filed a motion asking for clarification as to whether the order applies to all flags or only the American flag. The time in which to file a Notice of Appeal is suspended until that motion is granted or denied. The City Attorney has sent the Commission a memorandum with certain issues to cons ider in mak ing their decis ion whether or not to appea 1. The City Attorney stated the Commission does not need to decide today whether or not to take an appeal. He indicated he has been with this case for four years. Discussion ensued regarding the impact should the order relate to all flags and not just the American flag. The City Attorney reiterated that he asked for a clarification. Further discussion ensued regarding the American flag versus commercial flags with it being stated that this would be the difference between political and commercial speech. A question was raised regarding whether or not the sign code could be changed to define flags'as signs and then limit them by the number of square footage. The City Attorney indicated he assumed the ruling would be the same even if the code was changed in that manner. CCspmtg 1 ., 11/18/91 . ,~ . . . . . CITY COMMISSION SPECIAL MEETING November 18, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Sue Berfield Lee Regulski William Nunamaker Richard Fitzgerald Also present were: Michael J. Wright M. A. Galbraith, Jr. Cynthia E. Goudeau Mayor/Commissioner Vice-Mayor/Commissioner Commiss ioner Conrnissioner Commissioner City Manager City Attorney City Clerk The Mayor called the meeting to order at 2:53 p.m. Dimmitt v. City of Clearwater The U.S. Magistrate in this case entered an order granting partial summary judgment for Dimmitt and denied the City's Motion for Summary Judgment. This case relates to the flag display at Dimmitt Chevrolet on US19. Ordinarily the City would have 30 days in which to file a Notice of Appeal if a decision is made to take such an appeal. The City Attorney has filed a motion asking for clarification as to whether the order applies to all flags or only the American flag. The time in which to file a Notice of Appeal is suspended until that motion is granted or denied. The City Attorney has sent the Commission a memorandum with certain issues to consider in making their decision whether or not to appeal. The City Attorney stated the Commission does not need to decide today whether or not to take an appeal. He indicated he has been with this case for four years. Discussion ensued regarding the impact should the order relate to all flags and not just the American flag. The City Attorney reiterated that he asked for a clarification. Further discussion ensued regarding the American flag versus commercial flags with it being stated that this would be the difference between political and commercial speech. A question was raised regarding whether or not the sign code could be changed to define flags as signs and then limit them by the number of square footage. The City Attorney indicated he assumed the ruling would be the same even if the code ~as changed in that manner. CCspmtg 11/18/91 1 . . . In response to a question. the City Attorney indicated should an appeal be taken. the case would be heard in Atlanta and if the City were to lose the appeal, they would be liable for attorneys' fees. In response to a question regarding the fees, the City Attorney indicated that in the original trial alot of time was spent on research and writing and he would expect an appeal to cost less than the original trial. Discussion ensued regarding the quality of the decision and the need to wait to hear regarding the clarification requested prior to deciding whether or not an appeal should be taken. Concern was expressed regarding the order being issued prior to the trial taking place. The City Attorney indicated that if he did not see good grounds for appeal t he would not be asking the Commission to consider it. The general consenslJs was, to wait for the clarification and then decide what avenue to take. Betty Deptula, Assistant City Manager, reported regarding the question that carne up during the worksession regarding construction of the Clearwater Pass Bridge. She indicated that in the State's capital improvement plan, it shows the bridge construction in 1993-94. She stated there had been some slipage due to the Coast Guard decision but the bridge is still on schedule. The meeting adjourned at 3:17 p.m. AT'dl~ii~~ ~.' J:J..,...o. o. , _- ~ Cit C~~rk -- '; - , I . CCspmtg 2 11/18/91 " . .,t '. 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No person shall speak more than once on the same subject unless granted permission by the City Commission. Not Before 6:00 P.M. - Scheduled Public Hearings Presentation of issues by City staff. Statement of case by applicant or representative (5 minutes). Statement of case by opposition (5 minutes). Commission questions. ',. :r "I' " I.'., ' , " . '1 . " .' :: ':; .;-, " ,', ,: . '::::'i,;,:,'~.:;,<,~,:/.';::;:J::,;~,,\ ,\ . .' -'.', .. . .. ~ ..' "X, ", ".:.:, ".:;:?;:'/':" ..'?i,t\?",:,::.,.,' ~:',~,:l"\::.,, <,:,.;', :;?,,: \~ " , , " ,;:..,,;.:.:,,:" '", , .. :."'~>','\:,~,~,r,.(f"~:::::,},..;::~~.~.:,.,.," .',' ',' '",,' ", , ,<,::,,::::. :..r::~:.,.:t::.,:,,:_,,~,\,':. :.,.','....,:,',."..., '",;"~ ..;.".~,. ~>':,".,:,'::,,' ',~,;,'":,,,.','.:",'.,.." ;,,',.,;:'..,.".". ',',:,:'.' ::'. '.,.,...:.,.:,'".:,. ,"'. ;. '. .....'.f::,:."., .... ',', ":.." 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Presentation: League of Women Voters "Know your County Government\\ 6. Minutes of Regular Meeting October 17f 1991 & Special Meetings September 27, 1991 and November 4, 1991 7. Citizens to be heard re items not on the Agenda. .. U~ (3) (4) .' 11/21/91 ., .,', . . .,'" ".' 1.~I(I~":" h' -.. ,. ',. ,,"..:; ," ':,', :/.;':: . ;~. . ~. . ,. . ','\':' ',. -. . ..,,~ ",.. / . ',~ " .:.,- . ., .: I Or' r :-",' ',: ~. , "f "J. . i__. I , ',. ...., "J *';' of." . ", ' ~. ~ ~ " ~, , .' ~.~ ~.: 3.\~ I.... , ,," :' ",:, ~',' :, ,; ::,,~,~, : :,' ,'; :~:::: ,', ",;:, ;,,~':~:,~' :<~: ." :........... '. . I . '<. -\"",' . ,~ . " .'. ~ , .' , ", . ::. .~ '; ',:~ :~. ., . ",;,';, .:\~.::,~; :;-:';: :.">1',." . .' .' ~ ....l~>.;.. 'E ~ :' '1 ; , ' ." ,'. " , ~. ~ 'Ii ,1/ 'I )::' , .....:., " . 1. Mayor. 2. Rev. William Meyers, Trinity Presbyterian Church. 3. None. 4. Citation of Appreciation to Robert Aude for service on the Municipal Code Enforcement Board and to James Bullock for service on the Marine Advisory Board. 5. Jan Regulski, representing the League of Women Voters, presented copies and explained the purpose of the newly published Know Your County is to educate people on how the government system works. 6. 10/17/91 approved as corrected. 9/27/91 & 11/4/91 approved as submitted. 7. Art Deegan, Major Martin, David Little and Fred Kummin requested further study prior to proceeding with the IIEast End Projectll. Mary Helen Maren and Ed Hogen requested a guardrail on Countryside Blvd. between the two entrances of Winding Woods. John Wilson spoke in opposition to the guardrail. Ted Sampedemis spoke in opposition to the IIEast End Projectll. Connie Merrins spoke in opposition to a proposed sidewalk on t~e north side of Cleveland St. between Duncan and San Remo. She was informed that, for now, the sidewalk will not be constructed. ' (5) Comments in support and in opposition: (a) individual (3 minutes); (b) spokesperson for groups (10 mi nutes) . Commission questions. Rebuttal by opposition (5 minutes). Final rebuttal by applicant or representative (5 minutes). (6) (7) (8) 1 4,' ,,' . t.~: \ " ,~;., .15. Alcoholic Be le Distance Separation V. ,nee for property (Kally's Beachs1de) located at 608 Mandalay Ave., Clearwater Beach Revised, Blk 7, part of Lot 9 . (Lookretis AB91-21)(PLD) . 16. Alcoholic Beverage Distance Separation Variance for property (Baskets of Joy) located at 2559 Countryside Blvd., Suite I, Countryside Village Square, Lots 5, 7 & 8 (Countryside Village,Ltd/HRE Properties AB91-22)(PLD) 17. Alcoholic Beverage Distance Separation Variance for property located at 850 Bayway Blvd., Bayside Sub. No.6, Unit A, Blk D, Lot 12 and Unit C, Blk D, Lots 13-15 (Resolution Trust Corp./Hol1ywood Federal Bank AB9l-23)(PLD) To be Cant. to 1/16/92 18. Interlocal Agreement with Pinellas County - to exercise comprehensive planning authority and enforce land development regulations for land within respective areas of jurisdiction of each party (PLD) Public Hearing - Second Reading Ordinances . 19. Ord. #5143-91 - Relating to financial administration, amending Sec. 41.14, to delete requirement for surety bonds for finance and deputy finance directors 20. Ord. 15144-91 - Relating to standard building code3; amending Sec. 138.01, to adopt 1991 editions of standard building, plumbing and mechanical codes, the 1988 edition of national fuel gas code and 1989 edition of standards for storage and handling of liquified petroleum gases with certain appendices to said codes 15. Approved. 16. Approved. 17. Continued to 1/16/92. lB. Approved. 19. Ord. #5143-91 adopted. 20. Ord. #5144-91 adopted. CITY MANAGER REPORTS . CONSENT AGENDA (Items #21-67) Approved as submitted.(Items #39 & 52 Continued) Agreements '> . 21. Third Amendment to paragraph 3 of Bikini Buttons, Inc. lease agreement dated June 12, 1990, allowing sale of lottery tickets and Federal Express mail service (MR) 11/21/91 3 " t .. 22. Joint Particil n Agreement with FOOT and contr~,. for Clearwater Executive Airpark - Shade Hangar Refurbishment to P.J. Callaghan Co., Inc., Clearwater, Fl, for $141,900 (PW) . Home Construction Financing Agreement to enable the Infill Housing Development Program to fully utilize pledged funds (PlD) Hornaownership Revolving Loan Fund Agreement to enable CNHS to move houses into the North Greenwood neighborhood and renovate them for resale (PLD) Bids & Contracts 24. 25. Purchase of flood insurance coverages . for specific city-owned property with payments totalling approximately $23,000 (AS) 26. Extension of annual contract for installation of 5/8", 1", 2" and 4" P.E. mains and service lines to Visk Construction, Inc., Riverview, FL, for the period 12/1/91~5/30/92 at a total estimated cost of $152,425 (GAS) 27. Interruptible Gas Sales Contract with . Natural Gas Clearinghouse, Houston, TX; authorization to execute purchase orders for interruptible transportation natural gas and authorization to enter future interruptible transportation contracts (GAS) 28. Renewal of contract for purchase of gasoline and diesel fuel with Mansfield Oil Co., Gainesville, GA, for the period 10/16/91~lO/15/92, at an estimated cost of $550,000 under same terms and conditions as the original contract with Pinellas County Consortium; as of 10/16/91 rescind the 9119/91 authorization of interim purchase of fuel with Mansfield (G5) 29. Purchase of five Pro Master 20-G Gravely Riding Mowers and five 60u mower decks from Pro Equipment. Inco, Clearwater, FL, far a total cost of $37,000; financing to be provided under the City's master lease~ , purchase agreement with AT&T Credit . Corp. (G5) 1l/gl/91 4 " .........j: t ., ~ . u. ... ~ < ~ .... . ~ . ..~ . . ... . .. u' _,,.,.... . ... ,.... '" .. ._ , . " . . ::;~ ....-.- ..".._,~...+ ~ ..-........_....._..._...:~,...- .:". ...,....,.,.~~,~""';: . 4' . 36. .' - 31. Purchase of Gravely Pro Master 30..H 72" rit. mowers and four Gravely 16-G ::HJU riding mowers from Pro Equipment, Inc., Clearwater, FL, for a total cost of $40,072, financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) Purchase of two Ford Tractor Loaders from Ford New Holland, Inc., Tucker, GA, for a total cost af $43,158j financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) Purchase of two John Deere Wheel Loaders from John Deere Industrial Equipment Co., Baltimore, Mo, at a total cost of $141,452: financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) Purchase of 19' Roustabout work boat for the Marine Department to SeaArk Marine, Inc., for $16,567 (HR) Contract for temporary services to Kelly Temporary Services, Clearwater, FL, for an estimated annual cost of $60,000 (HR) Purchase of nursery stock for the Courtney Campbell Parkway to Consolidated Trees, Inc., Land 0' Lakes, FL, for $11,224.10 (PR) Purchase of garden and nursery chemicals to Garden and Hardware, Inc., for an est. total of $297.25: to J.C. Ehrlich Chemical for $1,506.80: to Van Waters and Rogers Inc. for $10,962.50j to Harrell's Inc. for $870; and to Terra International Inc. for $34,622.35 for the period 11/18/91~11/17~92 (PR) Purchase of Cypress Chips to Florida Green Resources, Palm Harbor, FL, for the period 11/22/91~9/30/92 for an estimated cost of $10,000 CPR) Purchase a radio telemetry system from Data Flow System, Inc., Melbourne, FL, for monitoring sanitary sewer pump stations and potable water systems, for a total price of $75,557 (PW) (Cant. from 10/17/91) 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 $564,043.43 (PW) To be Cont. to 12/5/91 " 32. 33. 34. 35. 37. 38. 39. -, 11/21/91 5 . ~~ c<.'", , . I ...~ I . c ~_....._...~~....o .._ ......... ."~. +- ... . h/' ..... .-- '.' ", '" ".p .~ ':l.~l~. 40. Contract for I Line Replacement for Highland A... south of Linwood \ 'I \ Dr. to Sandy Lane to All American ; " Concrete, Inc., St. Petersburg, FL, ,\ for $54,940.40 (PW) _ ,~:.".."', . .1- Clearwater Airpark Mowing services to f Greenturf Services, Tampa, FL, for ( the period 12/1/91-9/30/92 for $500 per mowing, a total of approximately $17,000 (PW) 42. Contract for Fishing Pier Restoration to Hendr}:Corp. for ,$75,000 (PW) 43. Contract for repair of storm culverts on Clearwater Beach to lnsituform Southeast for $21,325.40 (PW) 44. Contract for rehabilitation of sanitary sewer mains located in the 100 block of Belcher Road to lnsituform Southeast for $38,425 (PW) 45.- Contract for repair of two broken sewer lines and the removal and replacement of three sanitary manholes to Kammin{a and Roodvoets, Inc., for $31,455 PW) Citizens & Staff Requests 46. Declare surplus and authorization for dis)osal of Mail Processing Machine (AS .7. Authorization for an expenditure of $57,635 to Florida Power Corp. to bury the existing overhead power line along the N side of Courtney Campbell Causeway with the City providing necessary trenching and back filling (PR) 48. Clearwater's continued participation in the cooperative yard waste recycling program with the City of St. Petersburg for FY91-92 at a disposal cost of $15 per ton and an estimated annual cost of $91,000 (PW) 49. Life Insurance with The Prudential for SAMP employees at a cost of .57/$1.00 for one times annual earnings and offer optional life insurance to three additional times annual earnings (eM) 50. Revised Policies, COSG home rehabilitation loan program (PLD) 51- Adjustments SAMP Plan Salary Ranges (eM) . 11/21/91 6 , i , " <,' . c. ". "-, ~ 60. 6l. 62. . (Cont. from' ~/91) Parking Fund Rates - $1.0~ jO 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, $2.00 day, $15.00 month & $120.00 year (CM) To be Cant. Change Orders 53. C.O.I2 in the amount $5,560 for Bandes Construction Co., Inc., for the Clearwater Community Sailing Center (PR) 54. C.O.13 and Final to the Forest Run Park Contract, increasing the contract amount by $9,602.80 to Castco Construction, Inc. (PW) 55. C.0.#9~Final to contract for the Marshall Street Advanced Pollution Control Facility increasing the amount by $71,946, adjusting the total contract amount to $17,400,545 camp 1 et i ng the close-out of the . project (PW) Plans & Plats Preliminary Site Plan for the Orleans Motel located 'at 181 Brightwater Dr., Bayside Sub.12, Lots 20 & 21 (Leclerc){PLD) Revalidation of Site Plan for Plymouth Plaza located at 2588-2594 US19N, Sec. 30-28-16, M&B1s 34.01 & 43.01 (Plymouth Plaza Ltd)(PLD) Preliminary Site Plan for Victorian Cottages (formerly L'Hermitage) located at 1350 Gulf Blvd., Sec. 19- 29-15, M&B 14.03 & 14.08, 1.419 acres (Very Important Properties, Inc.) (PLD) 56. 57. 58. CITY ATTORNEY' 59. Agreements, Deeds & Easements Drainage and utility easement - E 40' of E 250' of Lot 6, Blackburns Sub. (Logan Clearwater Associates L.P.) Right-of-way easement '- Sec. 32-28-16 (School Board of Pinellas County) S;dewalk easement - Map of Belleair Sub., Blk 15, lot 17 (Mallory) Orainage and utility easement - N 20' of M&8 description in Sec. 5-29-16 (Benjacob) '- 7 " ',' .. 11/21/91 , .:l .-:.1;", :~~. ,.....'. . ~.. '.. _ . .."... ,;~., ',0. _", ....... .'. .r.'.. .___~ '. ...,;;. r" r._._. ._....:: ,-.' .-, ".." . .--_.,-..;--,- .,', ,; '; .. .r-":'~~",,-,-,"'''''''''''_'''''''~-:--'''' .,....'~':",:-.':".;;':-:--:f.~ , :.. ;~ 63. Gas. Hne main' ce easement - 341 vacated right-~ nay of Indiana Ave. lying W of an adj. to Lot 12, Marshall and Brandon's Sub. of Blk 7, W. Wallace's Sub. (Dimmitt Car Leasing, Inc.) Sewer installation and maintenance easement. 15' vacated alley, Blk 3, Plat of Wallace Addition to Clearwater (Dimmitt Car Leasing, I nc. ) Utility easement - E 6' of r-Q-W lying between Blk 3, Wallace Addition to Clearwater and Marshall and Brandon's Sub. of Blk 7, Wallace's Sub. (Dimmitt Car Leasing, Inc.) Sanitary sewer lien agreement - 1919 Ashland Drive, Clearwater (Hilpl) Agreement with Humane Society of North Pinellas County, Inc. .4. '~ 65. 66. 67. 68. Denied. ~ -, 68. OTHER ITEMS ON CITY MANAGER REPORT Request for S.R.60 designation be removed from Cleveland St. and be placed upon the Court-Chestnut St. one-way pair in downtown Clearwater (PW) Request from Downtown Clearwater Association to waive cost of city services for liThe Third Annual Clearwater Fami ly Holiday Paradell to be held on Friday, 12/13/91 (PR) Preliminary Site Plan for Avilla (a part of Countryside Tract 71) located at 2436 Enterprise Rd. (Root)(PLD) Long Center Board of Directors - 1 appointment (eLK) Other Pending Matters - None. 69. . 70. 71. 69. Approved waiver. 70. Oenied. 71. Appointed Rabbi Gary Klein to complete term to 9/30/93. CITY ATTORNEY REPORTS First Reading Ordinances 72. Ord. #5147-91 - Relating to 72. Approved. Ord. #5147-91 passed 1st contractors, repealing Ch. 74 reading. 73. Ord. #5148-91 - Relating to street 73. Approved. Ord. #5148-91 passed 1st artists and craftsmen, repealing Ch. reading. 78 74. Ord. 15149-91 - Relating to 74. Approved. Ord. #5149-91 passed 1st secondhand goods, repealing Ch. 79 reading. 75. Ord. #5150-91 - Relating to auction 75. Approved. Ord. #5150-91 passed 1st .' sales of jewelry, precious stones and reading. bric-a-brac, repealing Ch. BO ).1/21/91 8 " ~, .;.:.., . 78. ,. . 76. Ord. '5151~9' ~elating to gift certificates coupon books, repealing Ch. 81 77. Ord. '5152~91 ~ Vacating 27.51 right~ of-way lying along W side of Lot 6. Mason Sub. (St. John Primitive Church V91-10) . Ord. '5153~91 ~ Relating to city charterj proposing amendment to Sec. 8.04 relating to nominations of candidates for city commission, to provide that qualifying fee and petition cards are to be received by the City Clerk not less than 46 days, rather than 35 days, prior to date of election; providing for special election to be held in conjunction with regular city election in order to submit proposed city charter amendment to voters Ord. 15154-91 - Relating to Administration of City, creating Sec. 21.04 regarding departments of City, repealing Ch. 28 re: same 79. 76. Approved. Ord. l~gl passed 1st reading. 77. Approved. Ord. "5152~91 passed 1st reading. 78. Approved. Ord. H5153~gl passed 1st reading. 79. Approved. Ord. #5154~91 passed 1st reading. Resolutions 80. Res. #91~42 - Assessing property owners the costs of mowing or clearing owners' lots 80. Res. #91~42 adopted. Other City Attorney Items 81. Authorization for settlement ~ Countryside Christian Center v. City City Manager Verbal Reports - None. Other Commission Action Adjournment 11/21/91 81. Approved. Berfield ~ requested discussion regarding East End Project be scheduled. The City Manager responded he has plans to bring this forward in conjunction with other items. She requested the City look at the possibility of providing more parking in downtown. Reaulski ~ questioned why people with private parking lots in downtown do not cooperate in providing parking. Garvev ~ reported City employees contributed 3.5% more to the United Way this year than last. Stated United Way ;s below its goal and request people consider holiday giving. 10:00 p.m. 9